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09-26-2023 City Council Meeting Packet City Council Meeting Agenda Council Chambers City Hall 100 East First Street Regular Meeting of September 26, 2023 7:00 PM 1. 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. 2. INVOCATION Bishop Jon Rosenlund, Church of Jesus Christ of Latter-day Saints, 212 West 22nd Street 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA 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. 6. RESERVE TIME TO SPEAK ON AGENDA ITEMS A sign-up sheet was available in the lobby for individuals wishing to provide input on any of tonight's agenda items. If you did not sign up to speak on an agenda item, please come forward, state your name and the agenda topic on which you will be speaking on. 7. PRESENTATIONS AND PROCLAMATIONS a. Hall County Historical Society Invitation b. Presentation of the Food & Beverage Occupation Tax Oversight Committee 2023 Annual Report c. Parks and Recreation Summer Facility and Program Report 8. CONSENT AGENDA a. Approving Minutes of September 12, 2023 City Council Special Meeting (Budget) b. Approving Minutes of September 12, 2023 City Council Regular Meeting c. Approving Payment of Claims for the Period of September 13, 2023 through September 26, 2023 for a total amount of $6,243,762.48. d. Approving Request from Courtney Coble, 202 Maple Street, Beaver Crossing, NE for a Liquor Manager Designation with Walmart, 3501 South Locust Street e. Approving Garbage Permits for Grand Island Disposal, Inc. and Mid-Nebraska Disposal, Inc. and Refuse Permits for Trash Bee Gone and O'Neill Transportation and Equipment, LLC Page 1 of 269 f. #2023-232 - Approving Final Plat for Liberty Campus Subdivision g. #2023-233 - Approving City of Grand Island as Fiscal Agent for South Central Planning, Exercise and Training (SCPETR) Region. h. #2023-234 - Approving Supplemental Agreement No. 1 with NDOT- Local Assistance Division for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2024 Fiscal Year TRANSIT, Section 5305, Transportation Planning Program i. #2023-235 - Approving Bid Award for Drainage Ditch Grading, Excavating, and Hauling 2023-2024 j. #2023-236 - Approving Purchase of Two (2) Bearings for Landustrie Screw Pumps for the Wastewater Treatment Plant of the Public Works Department k. #2023-237 - Approving Program Agreement with NDOT for Grand Island West Connector Trail l. #2023-238 - Approving Bid Award for Ryder Park Parking Lot Improvements m. #2023-239 - Approval of Amendment of Ryder Park Parking Lot Improvement Design to Include Construction Services n. #2023-240 - Approving Change Order #1 for Stolley Park Irrigation Project o. #2023-241 - Approving Loan from State Revolving Fund for Lead Service Replacement p. #2023-242 - Approving Bid Award - Liquid Ortho-Polyphosphate for Corrosion Control 2023-2025 q. #2023-243 - Approving Purchase of a Vermeer LP Trailer for Water Distribution Department r. #2023-244 - Approving Bid Award - Water Main Project 2023-W-2 9. PUBLIC HEARINGS a. Public Hearing on Request from La Milagrosa Super Market, LLC dba La Milagrosa Market, 102 W. 4th Street, for a Class "C" Liquor License #2023-245 - Approving Request from La Milagrosa Super Market, LLC dba La Milagrosa Market, 102 W. 4th Street, for a Class "C" Liquor License and Liquor Manage Designation for Susel Vazquez, 1603 Hope Street, Grand Island, Nebraska b. Public Hearing on Acquisition of Utility Easement - Stuhr and Wildwood (O'Nele, Krolikowski, Weichman) #2023-246 - Approving Acquisition of Utility Easement - Stuhr and Wildwood (O'Nele, Krolikowski, Weichman) c. Public Hearing on Acquisition of Utility Easement - 1515 E. 4th St (Wish Nebraska) #2023-247 - Approving Acquisition of Utility Easement - 1515 E. 4th St (Wish Nebraska) d. Public Hearing on Proposed Blighted and Substandard Area 38 for Approximately 35.8 Acres Located in Central Grand Island Between Webb Road and U.S. Highway 281 south of Faidley Avenue. (Perkins Properties) #2023-248 - Approving Proposed Blighted and Substandard Area 38 for Approximately Page 2 of 269 35.8 Acres Located Between Webb Road and U.S. Highway 281 south of Faidley Avenue. (Perkins Properties) e. Public Hearing to Consider a Change of Zoning for Property Located south of Old Potash Highway and east of Engleman Road (Part of Outlot A of Copper Creek Estates Eighth Subdivision at 350 Little Bluestem Drive) from R2 Suburban Density Residential to R3-SL Medium Density Small Lot Residential (The Guarantee Group LLC) #9946 - Consideration of Approving Change of Zoning for Property Located south of Old Potash Highway and east of Engleman Road (Part of Outlot A of Copper Creek Estates Eighth Subdivision at 350 Little Bluestem Drive) from R2 Suburban Density Residential to R3-SL Medium Density Small Lot Residential 10. REQUEST AND REFERRALS a. Request to Approve Mayoral Hiring of Utility Director 11. RESOLUTIONS a. #2023-249 - Approving Labor Agreement between the City Of Grand Island and the International Association of Firefighters, Local No. 647 b. #2023-250 - Consideration of Setting Date for Board of Equalization for Railside Business Improvement District c. #2023-251 - Consideration of Setting Date for Board of Equalization for Parking District #3 (Offstreet Parking) 12. ORDINANCES a. #9947 - Consideration of Approving Salary Ordinance 13. OTHER ITEMS Page 3 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 7.a. Subject: Hall County Historical Society Invitation Staff Contact: Laura McAloon BACKGROUND: The Hall County Historical Society would like to extend invitations to the Council to attend the Dedication of the Tommy Goodchild Marker at the Grand Island Cemetery on Friday, October 6, 2023 and The Hall County Historical Society's Centennial Celebration at Stolley Park on Sunday, October 8, 2023. DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: None Page 4 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 7.b. Subject: Presentation of the Food & Beverage Occupation Tax Oversight Committee 2023 Annual Report Staff Contact: Laura McAloon 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 twelve months as required by the City Code. The committee met on September 14, 2023, reviewed and approved the annual report and voted to forward it on to the City Council for its review. No action is required by the City Council. FISCAL IMPACT: N/A ALTERNATIVES: N/A RECOMMENDATION: N/A SAMPLE MOTION: N/A Page 5 of 269 ATTACHMENTS: 1. Report Page 6 of 269 Page 7 of 269 Page 8 of 269 Page 9 of 269 Page 10 of 269 Page 11 of 269 Page 12 of 269 Page 13 of 269 Page 14 of 269 Page 15 of 269 Page 16 of 269 Page 17 of 269 Page 18 of 269 Page 19 of 269 Page 20 of 269 Page 21 of 269 Page 22 of 269 Page 23 of 269 Page 24 of 269 Page 25 of 269 Page 26 of 269 Page 27 of 269 Page 28 of 269 Page 29 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 7.c. Subject: Parks and Recreation Summer Facility and Program Report Staff Contact: Todd McCoy BACKGROUND: DISCUSSION: Parks - The Parks Division consists of 34 parks and mini parks covering over 503 acres. Within the parks there are 22 ball diamonds, 30 acres of soccer fields, 23 playgrounds, 16 tennis courts, 16.4 miles of off-street trails, 3 wading pools, 2 splash pads, 4 lakes, 2 band stands, 2 disc golf courses, a skate park, a dog park, and more. The Greenhouse lies within the Parks Division and grows 20,000 plants each year. The City Horticulturist and many volunteers planted the parks flower beds, City Hall, Island Oasis Water Park, City Library, City Cemetery and Jackrabbit Run Golf Course. Page 30 of 269 Island Oasis Water Park features a wave pool, six slides, lazy river, lily pad, log walk, sand volleyball, and a full concession stand. Programming includes swim lessons, open swimming, river walk, private group parties, and swim team practices. Page 31 of 269 Attendance: 41,890 Swimming Lessons: 464 participants Revenue: $406,128 Expenses: *$710,739 *Includes approximately $85,000 of repairs or replacement of items such as pool circulation grates, ice cream machine, circulation flow meters, signage, ADA chair lift, concrete repairs, rebuilt pumps, and pool vacuum replacement. Lincoln Pool is a neighborhood style pool located in the northeast section of Grand Island with two (2) diving boards, zero depth entry, and a 150’ waterslide. The pool was rebuilt in 2013 with modern updates such as a new bathhouse, shade structures, and ADA accessibility. This facility is used for swim lessons, private pool parties, and open swimming. Page 32 of 269 Attendance: 9,041 Swimming Lessons: 366 Participants Revenue: $48,148 Expenses: *$139,042 * Includes approximately $53,000 to paint pool and replace diving board. Summer Programs include youth park camps, crafts and Children Theater programs. A variety of programs are offered throughout the summer at several park locations including special events like Central Nebraska Youth Track Meet, Grand Island Games, MLB Pitch, Hit, and Run, and the Summer Band Concert Series. Revenue: $37,101 Expenses: $51,410 Summer Parks Programs: 1,276 participants Summer Concert Series: Six concerts held in Buechler and Grace Abbott Parks Central Nebraska Youth Track Meet: 146 participants Grand Island Games: 400 participants Stolley Railroad was left over from the Heritage Zoo, the Stolley Train and concession stand operates during the summer months and some holidays. The train is popular with park users especially young families and groups. Attendance YTD: 14,810 Revenue YTD: $27,344 Expenses YTD: *$31,086 *Does NOT include $33,350 major train engine repairs completed by City Shop. Page 33 of 269 FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: None Page 34 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.a. Subject: Approving Minutes of September 12, 2023 City Council Special Meeting (Budget) Staff Contact: Jill Granere BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Minutes Page 35 of 269 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL SPECIAL MEETING September 12, 2023 Pursuant to due call and notice thereof, a Special 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 12, 2023. Notice of the meeting was given in The Grand Island Independent on September 6, 2023. Mayor Roger G. Steele called the meeting to order at 6:00 p.m. The following City Council members were present: Mike Paulick, Jack Sheard, Michelle Fitzke, Mark Stelk, Jason Conley, Doug Lanfear, Bethany Guzinski, Mitch Nickerson, and Chuck Haase. Councilmember Maggie Mendoza was absent. The following City Officials were present: City Administrator Laura McAloon, Deputy City Clerk Jill Granere, Assistant City Attorney Stacy Nonhof, Assistant City Administrator Patrick Brown, and Interim Public Works Director Keith Kurz. The PLEDGE OF ALLEGIANCE was said. PUBLIC HEARINGS: Public Hearing on FY 2023-2024 Annual Single City Budget and the Annual Appropriations Bill. Assistant City Administrator Patrick Brown reported that the following was a comparison of the fiscal year 2024 proposed budget to the FY2023 adopted budget: •The FY2023 budget appropriation is 17.3% or $45,508,299 higher than the FY2023 adopted budget. The difference is mainly due to increase costs from inflation, delayed capital purchases from FY2023 (supply chain issues), Electric Solar Project and a Grants placeholder (in order to have appropriation authority). •All Funds Revenue projections for FY2024 increased 12.2% or $28,070,875 over FY2023 budget. •Overall the City’s property tax valuation increased 15.9% or $607,553,916. If the City applied FY2022-2023 mill ley of 0.3394 to the new valuation of $4,428,935,549, the City’s Property Tax revenue would be $15,031,807, a tax increase of $2,063,128 over the prior year. The City and Community Redevelopment Authority is requesting tax ask for FY2024 of $12,983,258. The City is requesting the same property tax ask that was in FY2022-2023. Property Tax ask of $12,207,540 to the new valuation decreases the mill levy to 0.275631. CRA property tax ask is $775,718 which is a tax increase of $22,659. CRA mill levy would decrease from 0.019706 to 0.017515. •Total Sales Tax revenue is forecasted at $28,706,941 for FY2024. It is a 19.2% or $4,521,902 increase over FY2023 budget. The increase was due to rebalancing of revenues and costs between funds, increase rate of return on investments, and casino tax revenues. •An increase in Transfers FY2024 by $2,436,607 over FY2023 due to Sales Tax revenue distribution to capital projects. Page 36 of 269 Page 2, City Council Special Meeting, September 12, 2023 Reviewed were the additional FTE’s and reclassifications along with Capital Improvement Projects. Staff recommended approval Public Hearing on FY 2023-2024 General Property and Community Redevelopment Authority (CRA) Tax Request. Assistant City Administrator Patrick Brown reported that the 2023 Valuations for the City of Grand Island increased over the 2022 valuation by $607,553,916 or 15.9%. If the City applied the FY2022-2023 mill levy of 0.3394 to the new valuation of $4,428,935,549, the City’s Property Tax revenue would be $15,031,807, a tax increase of $2,063,128 over the prior year. The City and Community Redevelopment Authority tax ask for FY2024 was $12,983,258. If the City applied the FY2022-2023 Property Tax Ask to the new valuation there would be no tax increase and the mill levy would decrease to 0.275631. The CRA property tax ask was $775,718 which is a tax increase of $22,659. The CRA mill levy would decrease from 0.019706 to 0.017515. Staff recommended approval. Public Hearing on FY 2023-2024 Annual Budget for Parking District #2 (Ramp) Tax Request. Assistant City Administrator Patrick Brown reported that the 2023 Valuations for the Downtown Improvement District #2 (Ramp) increased over the 2022 valuation by $8,155,286 or 12.2%. The Downtown Improvement District #2 (Ramp) was requesting an increase in Property Tax of $1,010, increasing the mill levy from 0.012039 to 0.012076. The Downtown Improvement District #2 (Ramp) Property Tax revenue request was $9,090. Staff recommended approval. No public testimony was heard. ADJOURNMENT: The meeting was adjourned at 6:13 p.m. Jill Granere Deputy City Clerk Page 37 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.b. Subject: Approving Minutes of September 12, 2023 City Council Regular Meeting Staff Contact: Jill Granere BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Minutes Page 38 of 269 City Council Meeting Minutes Regular Meeting August 22, 2023 1. CALL TO ORDER 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 12, 2023. Notice of the meeting was given in The Grand Island Independent on September 12, 2023. Mayor Roger G. Steele called the meeting to order at 7:00 PM. The following City Council members were present: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Jason Conley and Doug Lanfear. Councilmember Maggie Mendoza was absent. The following City Officials were present: City Administrator Laura McAloon, Deputy City Clerk Jill Granere, Assistant City Administrator/Finance Director Patrick Brown, Assistant City Attorney Stacy Nonhof and Interim Public Works Director Keith Kurz. 2. INVOCATION Pastor Frank, Abundant Life Christian Center, 3411 West Faidley Avenue. 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA ITEMS 6. RESERVE TIME TO SPEAK ON AGENDA ITEMS 7. PRESENTATIONS AND PROCLAMATIONS 8. BOARD OF EQUALIZATION Motion by Paulick, second by Lanfear to adjourn to the Board of Equalization. Upon roll call vote, all voted aye. Motion adopted. Page 39 of 269 City Council Regular Meeting, September 12, 2023 2 #2023-BE-3 - Consideration of Determining Benefits for Fonner Park Business Improvement District. Assistant City Administrator Patrick Brown reported that the budgeted assessments for Fonner Park Business Improvement District of $53,202 would be charged to property owners in the district based on their front footage. Staff recommended approval. Motion by Stelk, second by Paulick to approve Resolution #2023-BE-3. Upon roll call vote, all voted aye. Motion adopted. #2023-BE-4 - Consideration of Determining Benefits for South Locust Business Improvement District. Assistant City Administrator Patrick Brown reported that the budgeted assessments for South Locust Business Improvement District of $104,617 would be charged to property owners in the district based on their front footage. Staff recommended approval. Motion by Sheard, second by Lanfear to approve Resolution #2023-BE-4. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Paulick, second by Fitzke to return to Regular Session. Motion adopted. 9. CONSENT AGENDA Motion by Paulick, second by Stelk to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. a. Approving Minutes of August 22, 2023 City Council Study Session (Budget). b. Approving Minutes of August 22, 2023 City Council Regular Meeting. c. Approving Payment of Claims for the Period of August 23, 2023 through September 12, 2023 for a total amount of $12,125,573.33. d. Approving Request from Cindy Everson, 701 Turtle Beach, Marquette, Nebraska for a Liquor Manager Designation with Conoco C Store, 2105 W. 2nd Street. e. #2023-216 - Approving Request from St. Mary’s Cathedral for Permission to Use City Streets and State Highway for the 2023 Respect Life Procession. f. #2023-217 - Approving Temporary Construction Easement for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (3650, LLC- 3650 W 13th Street). g. #2023-218 - Approving Certificate of Final Completion for Old Potash Highway Roadway Improvements; Project No. 2019-P-1 with Starostka Unlimited Group, Inc. of Grand Island, Nebraska in an Amount of $16,305,662.61. h. #2023-219 - Approving Certificate of Final Completion for Curb Ramp Project No. 2023-CR-1 with Galvan Construction, Inc. of Grand Island, Nebraska in an Amount of $206,783.53. Page 40 of 269 City Council Regular Meeting, September 12, 2023 3 i. #2023-220 - Approving Certificate of Final Completion for Capital Avenue- Moores Creek Drainway to North Road Roadway Improvements; Project No. 2020-P-1 with Elsbury Construction, LLC of Grand Island, Nebraska in an Amount of $1,510,273.55. j. #2023-221 - Approving CCC Reimbursement Contract in an Amount of $500,000.00. k. #2023-222 - Approving Renewal of Machinery Property Peril, Fire and Terrorism Insurance with FM Global for 2023-2024. l. #2023-223 - Approving Bid Award - PGS Boiler Inspection and Repair - Fall Outage 2023 with Locke AMI, LLC of Olathe, Kansas in an Amount of $590,157.00. m. #2023-224 - Approving Bid Award - Uranium Removal Tank Refurbishment with Mongan Painting, LLC of Cherokee, Iowa in an Amount of $224,866.87. n. #2023-225 - Approving Bid Award - PGS Turbine Overhaul 2023 - Field Machining with T & W Valve Machine Co., of Owensboro, Kentucky in an Amount of $250,000.00. o. #2023-226 - Approving Certificate of Final Completion - WMP 2023-W-1 - 18th Street and Indiana Ave with Myers Construction, Inc. of Broken Bow, Nebraska. 10. PUBLIC HEARINGS a. Public Hearing on Request from La Milagrosa Super Market, LLC dba La Milagrosa Cafe, 116 W. 4th Street, for a Class "C" Liquor License. Deputy City Clerk Jill Granere reported that an application for a Class “C” Liquor License had been received from La Milagrosa Super Market, LLC dba La Milagrosa Cafe, 116 W. 4th Street. Ms. Granere presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on August 15, 2023; notice to the general public of date, time, and place of hearing published on September 2, 2023; notice to the applicant of date, time, and place of hearing mailed on August 15, 2023. Also submitted was a Liquor Manager Designation for Susel Vazquez, 1603 Hope Street, Grand Island, NE. Staff recommended approval contingent upon final inspections and Liquor Manager designation for Susel Vazquez upon completing a state approved alcohol server/seller program. No public testimony was heard. #2023-227 - Approving Request from La Milagrosa Super Market, LLC dba La Milagrosa Cafe, 116 W. 4th Street, for a Class "C" Liquor License and Liquor Manage Designation for Susel Vazquez, 1603 Hope Street, Grand Island, Nebraska. Motion by Nickerson, second by Guzinski to approve Resolution #2023-227. Upon roll call vote, all voted aye. Motion adopted. b. Public Hearing on Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (3650, LLC- 3650 W 13th Street). Interim Public Works Director reported the Claude Road; Faidley Avenue to State Street Project was for the addition and improvement of several roadways in the City of Grand Island. The project would allow for improvements to the Diers Avenue corridor intended to control access Page 41 of 269 City Council Regular Meeting, September 12, 2023 4 and improve traffic. A public right-of-way was needed to accommodate the new Claude Road section from the proposed 18th Street, which was currently under construction to State Street. No public testimony was heard. #2023-228 - Approving Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (3650, LLC- 3650 W 13th Street) Motion by Haase, second by Stelk to approve Resolution #2023-228. Upon roll call vote, all voted aye. Motion adopted. 11. REQUEST AND REFERRALS a. Request to Approve Mayoral Appointment of City Engineer/Public Works Director. City Administrator Laura McAloon reported GPS’s recruitment resulted in the total of six applications where four candidates were highly qualified for the position. GPS conducted interviews of the four candidates where two were chosen for final selection by the Mayor. Based on consensus choice of interview panelists for City Engineer/Public Works Director was Keith Kurz. Motion by Paulick, second by Guzinski to approve Mayoral Appointment of City Engineer/Public Works Director. Upon roll call vote, all voted aye. Motion adopted. b. Request for Consideration of Referring Blight Study for Proposed Area #39 to the Regional Planning Commission. Community Development Director Chad Nabity reported that Chief Industries had submitted a Substandard and Blight Study for approximately 150 acres of property west of U.S. Highway 281 north and south of Wildwood Drive. Staff recommended approval. Motion by Haase, second by Sheard to refer the Blighted and Substandard Study for Area #39 to the Regional Planning Commission. Upon roll call vote, all voted aye. Motion adopted. 12. RESOLUTIONS a. #2023-229 - Approving FY2023-2024 General Property and Community Redevelopment Authority (CRA) Tax Request. Assistant City Administrator Patrick Brown reported that the 2023 Valuations for the City of Grand Island increased over the 2022 valuation by $607,553,916 or 15.9%. If the City applied the FY2022-2023 mill levy of 0.3394 to the new valuation of $4,428,935,549, the City’s Property Tax revenue would be $15,031,807, a tax increase of $2,063,128 over the prior year. The City and Community Redevelopment Authority tax ask for FY2024 was $12,983,258. Page 42 of 269 City Council Regular Meeting, September 12, 2023 5 If the City applied the FY2022-2023 Property Tax Ask to the new valuation there would be no tax increase and the mill levy would decrease to 0.275631. The CRA property tax ask was $775,718 which is a tax increase of $22,659. The CRA mill levy would decrease from 0.019706 to 0.017515. Staff recommended approval. Motion by Sheard, second by Fitzke to approve Resolution #2023-229. Upon roll call vote, all voted aye. Motion adopted. b. #2023-230 - Approving FY2023-2024 Parking District #2 (Ramp) Tax Request. Assistant City Administrator Patrick Brown reported that the 2023 Valuations for the Downtown Improvement District #2 (Ramp) increased over the 2022 valuation by $8,155,286 or 12.2%. The Downtown Improvement District #2 (Ramp) was requesting an increase in Property Tax of $1,010, increasing the mill levy from 0.012039 to 0.012076. The Downtown Improvement District #2 (Ramp) Property Tax revenue request was $9,090. Staff recommended approval. Motion by Paulick, second by Lanfear to approve Resolution #2023-230. Upon roll call vote, all voted aye. Motion adopted. c. #2023-231 - Approving 2024 Contract with Clean Community Systems Assistant City Attorney Stacy Nonhof reported that this item was the yearly request for funds in the amount of $30,000.00. Denise Gallagher, Executive Director explained the services and programs provided by the Clean Community Systems. Motion by Haase, second by Guzinski to approve Resolution #2023-231. Upon roll call vote, all voted aye. Motion adopted. 13. ORDINANCES a. #9941 - Consideration of Approving Establishment of 4th Street Business Improvement District (2nd and Final Reading) Planner I Rashad Moxey gave an update of the 4th Street Boundaries and how the special assessments would be assessed. Also mentioned was Railside grants and the opportunities forming a BID. Joe Bandasack spoke in regards to the survey. The following spoke in favor to the 4th Street Business Improvement District: •Denise Kose •Alma Rawlings Page 43 of 269 City Council Regular Meeting, September 12, 2023 6 •Terry Rawlings •Richie Flores •Reyna Romero •Joe Bandasack •Kay Grimminger •Sam Grimminger •Agustin Sanchez •Brent C. Lindner •Yolanda Chavez Nuncio •Abel Gonzalez The following were opposed: •Jeff Greer •Ron Nitzel #9941 - Consideration of Approving Establishment of 4th Street Business Improvement District (2nd and Final Reading) Motion to suspend the rules was moved by Stelk, seconded by Guzinski. Upon roll call vote, Councilmembers Lanfear, Nickerson, Stelk, Fitzke, Paulick, Sheard, Haase, and Guzinski all voted aye. Councilmember Conley voted no. Motion adopted. Motion by Guzinski, second by Paulick to approve Ordinance #9941 (Second and Final Reading). Upon roll call vote, all voted aye. Motion adopted. b. #9943 - Consideration of Approving FY2023-2024 Annual Single City Budget and Annual Appropriations Bill. This item was related to the aforementioned Board of Equalization. Staff recommended approval. Motion to suspend the rules was moved by Paulick, seconded by Haase. Upon roll call vote, all voted aye. Motion adopted. Motion by Conley, second by Haase to approve Ordinance #9943. Upon roll call vote, all voted aye. Motion adopted. c. #9944 - Consideration of Approving Assessments for Fonner Park Business Improvement District. This item was related to the aforementioned Board of Equalization. Staff recommended approval. Page 44 of 269 City Council Regular Meeting, September 12, 2023 7 Motion to suspend the rules was moved by Stelk, seconded by Lanfear. Upon roll call vote, all voted aye. Motion adopted. Motion by Paulick, second by Conley to approve Ordinance #9944. Upon roll call vote, all voted aye. Motion adopted. d. #9945 - Consideration of Approving Assessments for South Locust Business Improvement District. This item was related to the aforementioned Board of Equalization. Staff recommended approval. Motion to suspend the rules was moved by Stelk, seconded by Sheard. Upon roll call vote, all voted aye. Motion adopted. Motion by Sheard, second by Paulick to approve Ordinance #9945. Upon roll call vote, all voted aye. Motion adopted. ADJOURN The meeting was adjourned at 8:48 p.m. Jill Granere Deputy City Clerk Page 45 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.c. Subject: Approving Payment of Claims for the Period of September 13, 2023 through September 26, 2023 for a total amount of $6,243,762.48. Staff Contact: Patrick (Pat) Brown BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: None Page 46 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.d. Subject: Approving Request from Courtney Coble, 202 Maple Street, Beaver Crossing, NE for a Liquor Manager Designation with Walmart, 3501 South Locust Street Staff Contact: Jill Granere BACKGROUND: Courtney Coble, 202 Maple Street, Beaver Crossing, Nebraska has submitted an application with the City Clerk's Office for a Liquor Manager Designation in conjunction with Walmart, 3501 South Locust Street. 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. Ms. Coble has completed a state approved alcohol server/seller training program. FISCAL IMPACT: There is no fiscal impact. 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 presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the request for Liquor Manager Designation. SAMPLE MOTION: Move to approve as recommended. Page 47 of 269 ATTACHMENTS: 1. Police Report Page 48 of 269 09/12/23 Grand Island Police Department Officer Report for Incident L23090021 Nature: Liquor Lic Inv Address: 3501 LOCUST ST S; WALMART SOUTH Location: PCID Grand Island NE 68801 Offense Codes: Received By: Dvorak T How Received: T Agency: GIPD Responding Officers: Dvorak T Responsible Officer: Dvorak T Disposition: CLO 09/12/23 When Reported: 11:20:38 09/01/23 Occurred Between: 11:20:38 09/01/23 and 11:20:38 09/01/23 Assigned To: Detail: Date Assigned: **/**/** Status: Status Date: **/**/**Due Date: **/**/** Complainant: Last: First: Mid: DOB: **/**/**Dr Lic: Address: Race: Sex: Phone: City: , Offense Codes Reported: Observed: Circumstances LT17 LT17 Liquor Store Responding Officers: Unit : Dvorak T 309 Responsible Officer: Dvorak T Agency: GIPD Received By: Dvorak T Last Radio Log: **:**:** **/**/** How Received: T Telephone Clearance: CL CL Case Closed When Reported: 11:20:38 09/01/23 Disposition: CLO Date: 09/12/23 Judicial Status: Occurred between: 11:20:38 09/01/23 Misc Entry: and: 11:20:38 09/01/23 Modus Operandi: Description : Method : Involvements Date Type Description Page 49 of 269 Officer Report for Incident L23090021 Page 2 of 5 09/12/23 09/12/23 Name Coble, Adam spouse 09/01/23 Name Walmart South #3395, location 09/01/23 Name Coble, Courtney M proposed manager Page 50 of 269 Officer Report for Incident L23090021 Page 3 of 5 09/12/23 Narrative Liquor License Investgiation Grand Island Police Department Courtney Coble has applied to become the new Liquor Manager for the South Walmart Superstore, owned by Walmart Inc. _____________________________________________ Responsible LEO: _____________________________________________ Approved by: _____________________________________________ Date Page 51 of 269 Officer Report for Incident L23090021 Page 4 of 5 09/12/23 Supplement 309 Walmart Liquor Manager Grand Island Police Department Supplemental Report Date, Time:9-8-23 Reporting Officer:Sgt Dvorak #309 Unit #:CID Walmart South has applied to name a new liquor manager for that location, 3501 S Locust. Courtney Coble has applied to be approved. I noted that Courtney lists a spouse, Adam Coble, and that Adam signed the Spousal Non Participation form. The Coble's reside in Seward County, and appear to have been living there since 2008, when Courtney began employment with Walmart. The application does not indicate if Courtney will move to Grand Island. I checked local Spillman files, and found no entries for either subject. I checked State of NE files, and also checked for active arrest warrants. Neither Coble is currently wanted. Courtney and Adam disclosed two traffic convictions from 2008 and 2009. State of NE files confirmed this information. In addition, I noted a summons for Adam, from the Nebraska State Patrol, in November of 2017. While that is an omission and technically a violation, a forgotten speeding ticket from six years ago is not too concerning. NCJIS also showed double digit entries for civil collection proceedings, dating from 2009 through 2018. None are active, and I noted nothing in the past five years. I also checked a law enforcement only database for each subject. This platform discloses mostly entries of civil nature, such as bankruptcies, liens and judgements. Again, I noted several historical judgements, but the latest was from 2012. I noted no entries for bankruptcies or liens. I contacted Courtney by phone. She advised that she has actually been working at the South Locust store for about six years. She has been in the Training Division, but is promoting to more of a managerial position and her duties will include being the liquor manager. The Grand Island Police Department does not object to Courtney Coble as the new Liquor Manager for the Walmart location at 3501 S Locust. Page 52 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.e. Subject: Approving Garbage Permits for Grand Island Disposal, Inc. and Mid- Nebraska Disposal, Inc. and Refuse Permits for Trash Bee Gone and O'Neill Transportation and Equipment, LLC Staff Contact: RaNae Edwards 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 2022/2023: Grand Island Disposal, Inc. dba Heartland Disposal, 1839 East 4th Street Garbage Mid-Nebraska Disposal, Inc., 3080 West 2nd Street Garbage O’Neill Transportation and Equipment, 7100 West Old Potash Hwy Refuse Trash Bee Gone, 119 W Koenig Street Refuse United Trailer Sales, LLC dba United Rolloff & Rentals, 3984 S 60th Road, Alda, NE Refuse All City Code requirements have been met by these businesses. FISCAL IMPACT: There is no fiscal impact. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve Page 53 of 269 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the renewals for garbage/refuse permits for 2023/2024. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Mid Nebraska Disposal 2. O'Neill Transportation Application 3. Mid Nebraska Disposal Application 4. Trash Bee Gone Application Page 54 of 269 Page 55 of 269 Page 56 of 269 Page 57 of 269 Page 58 of 269 Page 59 of 269 Page 60 of 269 Page 61 of 269 Page 62 of 269 Page 63 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.f. Subject: #2023-232 - Approving Final Plat for Liberty Campus Subdivision Staff Contact: Chad Nabity BACKGROUND: This property is located north of Capital Avenue and included the Veterans’ Home Campus. The property is zoned RO Residential Office. The property is 44.76 acres and the proposed subdivision has 3 lots. Lots 2 and 3 with the existing buildings will continue to be served with the existing private sewer and water line. DISCUSSION: The final plat for Liberty Campus Subdivision was considered at the Regional Planning Commission at the September 6, 2023 meeting on the consent agenda. A motion was made by Goplin and second by Randone to approve all items on the consent agenda. The motion carried with seven members voting in favor (O’Neill, Ruge Robb, Monter, Rainforth, Goplin, and Randone) and no members abstaining or voting no (Allan, Nelson Stevenson, Doane and Hendricksen were absent). FISCAL IMPACT: There is no fiscal impact. 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 Page 64 of 269 RECOMMENDATION: Move to approve as recommended. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Application 2. Final Plat 3. Subdivision Agreement 4. Resolution Page 65 of 269 Page 66 of 269 Page 67 of 269 N89°07'17"W273.00'(M)N00°12'19"W1466.71'(M)1466.65'(AG)S73°57'44"E1622.53'(M&AG)S00°13'54"W 1042.21'(M) 1042.35'(AG)N89°07'17"W1550.10'(M)1550.26'(AG)N00°52'43"E585.17'(M)1062.39'(M)L3 387.34'(M&JA)144.71'(M)L1L2L4 999.41'(M)999.26'(JA)N00°52'43"E467.47'(M)273.00'(M)LINE TABLELINEL1L2L3L4BEARINGN00°12'19"WN89°07'17"WN00°52'43"EN00°52'43"EDISTANCE79.96'70.00'117.70'117.70'Δ=65°12'22"R=385.00'(M)T=246.25'(M)L=438.15'(M)CHD BRG=S31°43'28"ECHD=414.89'(M)Δ=58°50'44"R=315.00'(M)T=177.66'(M)L=323.52'(M)CHD BRG=N28°32'39"WCHD=309.49'(M)LOT 2159,751 SQ. FT.3.67 ACRESLOT 31,709,974 SQ. FT.39.25 ACRESBLOCK 1UNIVERSITY PLACECAPITAL AVENUEOWNER: H.E.L.P. FOUNDATION OF OMAHA, INC.LAND SURVEYOR: JEO CONSULTING GROUPNUMBER OF LOTS: 3PERMANENT EASEMENT(INST. NO. 201306652)COLLEGE ADDITION TOWEST LAWNBLOCK 7BLOCK 6BLOCK 5BLOCK 4BLOCK 3NORTH RIGHT OF WAYLINE OF CAPITAL AVENUE(INST. NO. 201306652)CUSTER AVE.SW. COR. SE1/4SEC. 5-T11N-R9W(SHOWN FORREFERENCE ONLY)TAYLOR AVE. KRUSE AVE. LAFAYETTE AVE. PARK AVE.OLD HIGHWAY 2BURLINGTON NORTHERN SANTA FE RAILWAYLIBERTY CAMPUS SUBDIVISIONA PART OF THE SE1/4 AND SW1/4 OF SECTION 5-T11N-R9WIN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKAFINAL PLATP:\Surveying\211674.00 - Grand Island Liberty Campus Survey\6 Survey\Drawings\Liberty Campus Subdivision.dwg, on 7/28/2023 4:42 PM.800.723.8567www.jeo.comGrand Island, NE 308.381.7428GRAPHIC SCALE015030075DEEDED DISTANCEGOVERNMENT DISTANCEMEASURED DISTANCEPLATTED DISTANCEPDGM LEGEND MONUMENT SET (5/8"x24" REBAR WITH APLASTIC STAMPED "GOERTZEN LS 704")RECORDED DISTANCE (ADAM GOERTZEN 4/21/2016)AGRECORDED DISTANCERMONUMENT SET (SURVEY NAIL MARKER WITH ANALUMINUM DISK STAMPED "A. GOERTZEN LS 704")MONUMENT FOUND (5/8" REBAR WITH A PLASTICCAP STAMPED "GOERTZEN LS 704"RECORDED DISTANCE (JAI ANDRIST 4/22/2022)JAREPOSITORY STAMPFIELD BOOKSURVEY FILE NO.FIELD CREWFILE NAMEDATEPROJECT NO.DRAWN BY2021-246BSGRAND ISLAND #91 OF 1AG7/28/2023Liberty Campus Subdivision.dwgR211674SURVEYOR'S CERTIFICATE:I HEREBY CERTIFY THAT ON APRIL 13TH, 2023, I COMPLETED AN ACCURATE SURVEY OF "LIBERTY CAMPUSSUBDIVISION" IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS SHOWN ON THE ACCOMPANYINGPLAT THEREOF; THAT IRON MARKERS, EXCEPT WHERE INDICATED, WERE FOUND AT ALL CORNERS; THAT THEDIMENSIONS OF EACH LOT ARE AS SHOWN ON THE PLAT; THAT EACH LOT BEARS ITS OWN NUMBER; ANDTHAT SAID SURVEY WAS MADE WITH REFERENCE TO KNOWN AND RECORDED MONUMENTS.ADAM J. GOERTZEN L.S. 704SURVEYOR'S REPORT:THE PURPOSE OF THIS SURVEY WAS TO ESTABLISH THREE LOTS LOCATED IN THE SOUTHEAST QUARTER AND THE SOUTHWESTQUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE SIXTH P.M., CITY OF GRAND ISLAND, HALL COUNTY,NEBRASKA.EXISTING MONUMENTS OF RECORD WERE FOUND AT LOCATIONS SHOWN ON THIS PLAT. ALL MONUMENTS FOUND ARE A 5/8"REBAR WITH A PLASTIC CAP STAMPED "GOERTZEN, LS 704", UNLESS NOTED OTHERWISE. ALL MONUMENTS SET ARE A 5/8" BY 24"REBAR WITH A PLASTIC CAP STAMPED "GOERTZEN, LS 704".ALL LINES WERE PRODUCED AND ANGLES AND DISTANCES MEASURED WITH A TRIMBLE R12i GNSS RECEIVER UTILIZING THESEILER INSTRUMENTS REAL TIME NETWORK.VICINITY SKETCHNW 1/4NE 1/4SE 1/4SW 1/4NEBRASKA5T11N HALL COUNTYR9WDEDICATION:KNOW ALL MEN BY THESE PRESENTS, THAT H.E.L.P. FOUNDATION OF OMAHA, INC., A NEBRASKA CHARITABLE CORPORATION,BEING THE OWNERS OF THE LAND DESCRIBED HERE, HAS CAUSED SAME TO BE SURVEYED, SUBDIVIDED, PLATTED ANDDESIGNATED AS "LIBERTY CAMPUS SUBDIVISION" IN THE CITY OF GRAND ISLAND, NEBRASKA AS SHOWN ON THE ACCOMPANYINGPLAT THEREOF, AND DOES HEREBY DEDICATE THE EASEMENTS, IF ANY, AS SHOWN THEREON FOR THE LOCATION,CONSTRUCTION AND MAINTENANCE OF PUBLIC SERVICE UTILITIES, TOGETHER WITH THE RIGHT OF INGRESS, EGRESS THERETO,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 SUBDIVISION AS MORE PARTICULARLYDESCRIBED IN THE DESCRIPTION HEREON AS APPEARS ON THIS PLAT IS MADE WITH THE FREE CONSENT AND IN ACCORDANCEWITH THE DESIRES OF THE UNDERSIGNED OWNER AND PROPRIETOR.IN WITNESS WHEREOF, I HAVE AFFIXED MY SIGNATURE HERETO,THIS DAY OF , 2023.ARUN AGARWAL, CEOSTATE OF )) SSCOUNTY OF )BEFORE ME, A NOTARY PUBLIC QUALIFIED IN SAID COUNTY, PERSONALLY CAME, ARUN AGARWAL CEO,KNOWN TO ME TO BE THE IDENTICAL PERSON WHO SIGNED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED THEEXECUTION THEREOF TO BE HIS VOLUNTARY ACT AND DEED.WITNESS MY HAND AND NOTARIAL SEAL ON DAY OF , 2023.NOTARY PUBLICMY COMMISSION EXPIRESLEGAL DESCRIPTION: (INST. NO. 202004942)A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 11NORTH, RANGE 9 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO THESOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE N89°03'58"W (ASSUMED BEARING) ON THE SOUTHLINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LANDDESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°16'04"E ON THE WEST LINE OF SAID PARCEL, ADISTANCE OF 75.00 FEET TO THE NORTH RIGHT OF WAY LINE OF CAPITAL AVENUE, AS DESCRIBED AND RECORDED ININSTRUMENT NO. 201306652; THENCE N89°03'59"W ON SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 480.00 FEET TO THEPOINT OF BEGINNING; THENCE N00°16'04"E, PARALLEL WITH THE WEST LINE OF SAID PARCEL, A DISTANCE OF 1042.35 FEET TOTHE SOUTHERLY RIGHT OF WAY LINE OF OLD NEBRASKA HIGHWAY 2, AS DESCRIBED AND RECORDED IN MISC. RECORD U, PAGE486; THENCE N73°54'50"W ON SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 1622.53 FEET; THENCE S00°09'33"E,PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1466.65 FEET TO SAID NORTH RIGHT OF WAYLINE; THENCE S89°03'59"E ON SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 1550.26 FEET TO THE POINT OF BEGINNING,CONTAINING 44.76 ACRES, MORE OR LESS.APPROVAL:SUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, CITIES OFGRAND ISLAND, WOOD RIVER, AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA.CHAIRMANDATEAPPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND, NEBRASKA.THIS DAY OF , 2023.MAYORCITY CLERK21CURVE DATA:12LOT 145,465 SQ. FT.1.04 ACRESCUSTERAVENUE 70' ROW DEDICATEDWITH THIS PLATLOT 3LOT 4LOT 5VETERANSLEGACY SOUTHSUBDIVISION5/8" REBAR WITHA PLASTIC CAPSTAMPED "J.ANDRIST LS 630"5/8" REBAR WITHA PLASTIC CAPSTAMPED "J.ANDRIST LS 630"CUSTER AVE.7' UTILITYEASEMENT(DEDICATEDWITH THIS PLAT)Page 68 of 269 SUBDIVISION AGREEMENT LIBRARY CAMPUS SUBDIVISION Lots 1-3 Inclusive In the City of Grand Island, Hall County Nebraska The undersigned, H.E.L.P. FOUNDATION OF OMAHA, A Nebraska Charitable Corporation, 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 PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE N89°03'58"W (ASSUMED BEARING) ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°16'04"E ON THE WEST LINE OF SAID PARCEL, A DISTANCE OF 75.00 FEET TO THE NORTH RIGHT OF WAY LINE OF CAPITAL AVENUE, AS DESCRIBED AND RECORDED IN INSTRUMENT NO. * This Space Reserved for Register of Deeds * Page 69 of 269 - 2 - 201306652; THENCE N89°03'59"W ON SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 480.00 FEET TO THE POINT OF BEGINNING; THENCE N00°16'04"E, PARALLEL WITH THE WEST LINE OF SAID PARCEL, A DISTANCE OF 1042.35 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF OLD NEBRASKA HIGHWAY 2, AS DESCRIBED AND RECORDED IN MISC. RECORD U, PAGE 486; THENCE N73°54'50"W ON SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 1622.53 FEET; THENCE S00°09'33"E, PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1466.65 FEET TO SAID NORTH RIGHT OF WAY LINE; THENCE S89°03'59"E ON SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 1550.26 FEET TO THE POINT OF BEGINNING, CONTAINING 44.76 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 LIBERTY CAMPUS 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 LIBERTY CAMPUS 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 pave Custer Avenue in accordance with plans and specifications approved by the City's Director of Public Works, and subject to the City's inspection. If the Subdivider fails to pave Custer Avenue, the City may create a paving Page 70 of 269 - 3 - district to perform such work. The Subdivider agrees to waive the right to object to the creation of any paving district for Custer Avenue, Capital Avenue and Old Highway 2 where they abut 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. Lots 2 and 3 are currently served by a private water system connected to the municipal water supply. Existing buildings can continue to be served by the private water system. Maintenance of the private water system is the responsibility of the Subdivider. 3.Sanitary Sewer. Public sanitary sewer is available to the subdivision, and all new structures requiring service shall be connected to such sanitary sewer supply. Lots 2 and 3 are currently served by a private sewer system connected to the municipal sewer system. Existing buildings can continue to be served by the private sewer system. Maintenance of the private sewer system is the responsibility of the Subdivider. 4.Storm Drainage. The Subdivider agrees to grade all lots in the subdivision in conjunction with the development proposed thereon 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 required 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. The Subdivider must select curb or conventional sidewalk for each street unless the requirement has been waived by Council. Page 71 of 269 - 4 - Street Name Curb sidewalk Conventional Sidewalk Sidewalk Requirement Waived by Council Custer Avenue x NO Old Highway 2 x YES Immediate sidewalk construction adjacent to Old Highway 2 and Custer Avenue 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.Electric. The Subdivider agrees to install all conduit, both primary and secondary, as well as all necessary transformer pads in the subdivision in accordance with plans and specifications approved by the Utilities Department, and subject to the City’s inspection. 7.Flood Plain. Since portions of the subdivision are within a delineated flood plain, all structures within areas identified as a special flood hazard area constructed shall have 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 City of Grand Island 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 flood proofed and certified as such by a qualified engineer or architect. 8.Landscaping. The Subdivider agrees to comply with the requirements of the Landscaping Regulations of the City of Grand Island, and plans as approved with the issuance of a building permit. Page 72 of 269 - 5 - 9.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. 10.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. 11.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 LIBERTY CAMPUS 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. 12.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. Page 73 of 269 - 6 - Dated _____________________, 2023. H.E.L.P. FOUNDATION OF OMAHA, A Nebraska Charitable Corporation, Subdivider By: ____________________________________ Arun Agarwal, CEO STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2023, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Arun Agarwal, CEO of H.E.L.P. Foundation of Omaha, a Charitable Corporation, 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 H.E.L.P. Foundation of Omaha. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public 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 _________________________, 2023, 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 2023-____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. Page 74 of 269 - 7 - ______________________________________________ Notary Public My commission expires: ____________________ Page 75 of 269 R E S O L U T I O N 2023-232 WHEREAS know all men by these presents, that H.E.L.P. Foundation of Omaha, Inc, A Nebraska Charitable Corporation, being the owners of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as “LIBERTY CAMPUS SUBDIVISION”, A tract of land located in part of the southeast quarter of the southwest quarter (SE ¼, SW ¼) of section five (5), Township Eleven (11) North, Range Nine (9) West of 6th P.M., Hall County, Nebraska. 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 LIBERTY CAMPUS 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 26, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 76 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.g. Subject: #2023-233 - Approving City of Grand Island as Fiscal Agent for South Central Planning, Exercise and Training (SCPETR) Region. Staff Contact: Jon Rosenlund BACKGROUND: The City, through the Emergency Management Department as primary contact, has been asked to act as fiscal agent for the State Homeland Security Program grant and other regional expenses of the 15-county region named the South Central Planning, Exercise and Training Region (SCPETR). This grant is a direct pass- through grant and all expenses made on behalf of the grant are 100% reimbursed by the Nebraska Emergency Management Agency (NEMA). The SCPETR fiscal agent also manages the small dues account for the PET Region. DISCUSSION: The State of Nebraska is the State Administrative Agency (SAA) for the State Homeland Security Program (SHSP) Grant for all jurisdictions in Nebraska, managed through the Nebraska Emergency Management Agency (NEMA). To assist in this process, Nebraska has divided all Nebraska counties into regions called Planning, Exercise and Training (PET) Regions. The PET Region was established by interlocal agreement in 2007, at which point Hall County and the City of Grand Island joined this group. The Emergency Management Director serves as the representative on the SCPETR committee and is a voting member. One member of each PET Region acts as the local fiscal agent for the portion of the SHSP that is allotted to that Region as well as a small amount of dues collected by members for ancillary expenses of the Region. All expenses made on behalf of the SHSP grant must follow the NEMA-approved grant work plan, be approved by vote of the SCPETR committee and meet all purchasing policies of the fiscal agent. The fiscal agent then makes the appropriate purchases and submits for reimbursement by NEMA. The SHSP allotment to the SCPETR is typically between $200,000 and $300,000 annually and grants have a three year lifespan before expiring. Page 77 of 269 Until recently, Adams County has been serving in the role of fiscal agent, through their Emergency Management Department as lead contact for that role. Unfortunately, Adams County can no longer fulfill this role and the Region has asked the City of Grand Island, working through the Grand Island-Hall County Emergency Management Department as the primary contact, to take up this responsibility. The Emergency Management Director has discussed this issue with City Administration and the Finance Department and all parties involved feel this is a role that the City can fulfill. The Emergency Management Department will work directly with the SCPETR to receive and process all invoices and will coordinate with City Finance for payment. Following payment, the EM Department will coordinate with NEMA for reimbursements. These processes are already well-known as the Emergency Management Department uses a similar system for managing our current Emergency Management Program Grant (EMPG) which funds up to 50% of eligible emergency management expenses. FISCAL IMPACT: There is no fiscal impact. 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 motion to accept the role as Fiscal Agent for the South Central Planning Exercise and Training Region (SCPETR). SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 78 of 269 R E S O L U T I O N 2023-233 WHEREAS, the Interlocal Cooperation Act, Neb. Rev. Stat. §13-801, et seq. provides that units of local government of the State of Nebraska and Nebraska state agencies may enter into agreement for the joint and cooperative exercise of powers, privileges, or authority capable of being exercised by either agency; and WHEREAS, Neb.Rev.Stat. §29-215 authorizes municipalities and counties to enter into contracts with any other municipality or county to form, operate and maintain a Planning, Exercise and Training Program”, and WHEREAS, the City of Grand Island and Hall County, through the Emergency Management Department, joined the South Central Planning Exercise and Training Region (SCPETR) in 2007 to coordinate the management of these emergency planning, exercises and training efforts; and WHEREAS, the SCPETR members have requested that the City of Grand Island, through its Emergency Management Department as primary contact, to act as Fiscal Agent for the financial operations of the Region, including management of the State Homeland Security Program (SHSP) grant and other ancillary expenses. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Mayor is hereby authorized and directed to approve this appointment of the City of Grand Island, with Emergency Management acting as primary contact, to the role of Fiscal Agent for the SCPETR. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 79 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.h. Subject: #2023-234 - Approving Supplemental Agreement No. 1 with NDOT- Local Assistance Division for the Grand Island Area Metropolitan Planning Organization (GIAMPO) for the 2024 Fiscal Year TRANSIT, Section 5305, Transportation Planning Program Staff Contact: Keith Kurz, Allan Zafft BACKGROUND: In March 2013 the City of Grand Island was designated as an urbanized area with a population over 50,000 which requires the metropolitan area to establish a transportation planning process in accordance with Title 23 CFR. The Nebraska Department of Transportation-Local Assistance Division has drawn up Program Agreements with the City of Grand Island for the purpose of assisting the Local Public Agency (LPA) in obtaining Federal financial assistance to ensure a continued, comprehensive, and cooperative transportation planning process between the state and local governments for the Grand Island Metropolitan Planning Area for Fiscal Year 2024. On July 25, 2023, via Resolution No. 2023-175, City Council approved the Planning Agreement for Fiscal Year 2024. The approval of such agreement is with the maximum Federal Transit Administration, Section 5305 Funding, at 80% and a not to exceed amount of $40,092.00 for FY 2024 (July 1, 2023 – June 30, 2024) eligible costs. The local 20% funds are the City’s obligation at an amount not to exceed $10,023.00 and can include inkind services (staff time & expenses). DISCUSSION: Due to closing out prior fiscal year funding, it is necessary to move remaining funds from the original agreement to the current agreement. • Agreement No. PI2212, Control No. 01050, Project No. NE-X80(028) remaining federal funds in the amount of $52,714.80 will be moved to the current Agreement No. PI2371, Control No. 01050A, Project No. NE-X80(029) Page 80 of 269 With approval of the remaining funds moving from the prior fiscal year to the agreement currently in place, funding under Agreement No. PI2371, Control No. 01050A, Project No. NE-X80(029) will increase by $52,714.80, up from $40,092.00, resulting in a revised amount of $92,806.80. The City's revised local 20% funds obligation is an amount not to exceed $23,201.70. All other terms and conditions of the original agreement will remain in full force and effect. FISCAL IMPACT: Funds are in the proposed FY24 budget. 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 presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve a resolution authorizing the Mayor to sign the supplemental agreement. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Supplemental No. 1 2. Resolution Page 81 of 269 Supplemental Agreement PI2371-01 Nebraska Department of Transportation and City of Grand Island This Supplemental Agreement is between the State of Nebraska, Department of Transportation (Department), and City of Grand Island (Contractor). The Department and Contractor agree as follows: 1. The Department and Contractor made and entered into an agreement for the purpose of providing federal funds to assist the Contractor providing comprehensive and cooperative transportation planning activities for the period beginning July 1, 2023, through June 30, 2024. 2. At the Contractor’s request, the Department is moving the remaining Federal funds under agreement PI2212, Control No. 01050, Project No. NE-X80(028) in the amount of $52,714.80 to agreement PI2371. 3. Under this current agreement of PI2371, Control No. 01050A, Project No. NE-X80(029), Federal funding is being increased by $52,714.80 from $40,092 to $92,806.80. 4. All contractual provisions required by the current Master Agreement between the Department and the Federal Transit Administration are hereby incorporated by reference. 5. Except as specifically amended by this Supplemental Agreement, all terms and conditions of the original Agreement executed by the Department on July 27, 2023, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by Contractor on: ________________________________ BY: ______________________________ TITLE: ________________________________ ************************************************************************************************************* EXECUTED by State of Nebraska, Department of Transportation on: _____________________ BY: _______________________________ Jodi Gibson, Local Assistance Division Manager Page 82 of 269 R E S O L U T I O N 2023-234 WHEREAS, on July 25, 2023, via Resolution No. 2023-175, City Council approved the Planning Agreement for Fiscal Year 2024; and WHEREAS, the approval of such agreement was with the maximum Federal Transit Administration, Section 5305 Funding, at 80% and a not to exceed amount of $40,092.00 for FY 2024 (July 1, 2023 – June 30, 2024) eligible costs and the local 20% funds would be the City’s obligation not to exceed $10,023.00 and can be part of inkind services (staff time & expenses); and WHEREAS, due to closing out prior fiscal year funding it is necessary to move remaining funds from the original agreement to the current agreement •Agreement No. PI2212, Control No. 01050, Project No. NE-X80(028) remaining federal funds in the amount of $52,714.80 will be moved to the current Agreement No. PI2371, Control No. 01050A, Project No. NE-X80(029); and WHEREAS, with approval of the remaining funds moving from the prior fiscal year to the agreement currently in place, funding under Agreement No. PI2371, Control No. 01050A, Project No. NE-X80(029) will increase by $52,714.80, up from $40,092.00, resulting in a revised amount of $92,806.80; and WHEREAS, the City’s obligation will increase from $10,023.00 to $23,201.70; and WHEREAS, all terms and conditions of the original agreement will remain in full force and effect. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to sign Supplemental Agreement No. 1 to Agreement No. PI2371, Control No. 01050A, Project No. NE- X80(029) between the City and the State. - - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 83 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.i. Subject: #2023-235 - Approving Bid Award for Drainage Ditch Grading, Excavating, and Hauling 2023-2024 Staff Contact: Keith Kurz, Shannon Callahan BACKGROUND: Specialty equipment/operators are hired by the Streets Division to clean and grade large outfall ditches each year. The price per hour of such services has increased so the jobs are approaching the procurement point in which formal quotes are required. The timeline of the ditch work is weather dependent and is usually done when the Streets Division has staff to provide the hauling. These timelines can be difficult to forecast making the process of securing quotes from various vendors also difficult. The formal bid process streamlines the acquisition of such as-needed services. Bidders were given the opportunity to write-in equipment that they own/operate that could be used for drainage ditch grading, excavating, and hauling that was not specifically requested on the bid form. The write-in bid items gives the City more equipment options that otherwise would go unknown. DISCUSSION: Bids were sent to seven (7) potential bidders. One (1) bid was received and opened on September 12, 2023. Below is the bid award recommendation. Line Item Equipment Unit Price per Hour 1 Excavator (Track Mounted) with GPS based Grade Control & Operator $245.00 2 Excavator (Track Mounted) with Operator $245.00 3 Dozer with Operator $200.00 4 Dump Truck with Operator $150.00 5 Dump Truck with Heated Dump Box & Operator $150.00 Page 84 of 269 6 Doosan 235 w/ Mulching head- best for vegetation 12" minus $275.00 FISCAL IMPACT: Funds are in the proposed FY24 budget. 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 presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the bid award of Drainage Ditch Grading, Excavating, and Hauling 2023-2024 to AMP Works, LLC of Grand Island, Nebraska. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 85 of 269 R E S O L U T I O N 2023-235 WHEREAS, the City of Grand Island invited sealed bids for furnishing Drainage Ditch Grading, Excavating, and Hauling 2023-2024, according to plans and specifications on file with the Public Works Department; and WHEREAS, on September 12, 2023 bids were received, opened and reviewed; and, WHEREAS, AMP Works, LLC submitted the lowest responsive bid within the specifications for Drainage Ditch Grading, Excavating, and Hauling 2023-2024. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bids shown below from AMP Works, LLC of Grand Island, Nebraska for Drainage Ditch Grading, Excavating, and Hauling 2023-2024 , are hereby approved; Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2023. ____________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 86 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.j. Subject: #2023-236 - Approving Purchase of Two (2) Bearings for Landustrie Screw Pumps for the Wastewater Treatment Plant of the Public Works Department Staff Contact: Keith Kurz, Matt Walker BACKGROUND: A replacement bearing and assembly is needed for the screw pumps at the Wastewater Treatment Plant, as it has failed. The screw pumps are responsible for pumping wastewater into the aeration basin as part of the treatment process. Two (2) pumps need to be operational at all times to ensure capacity during rain events. As these bearings are all the same age and have similar run times a spare will also be ordered to prevent any downtime at the plant. There is a lead time of about four (4) weeks from receipt of order, as these bearings are custom made and not kept in stock. DISCUSSION: On September 8, 2020, via Resolution No. 2020-215, City Council approved Epic International, Inc. of Ashland, Virginia as the sole source provider for Landustrie screw pumps and parts, as they are the sole source supplier for the United States. Landustrie screw pumps and parts are the only ones compatible with our existing pumps. The request at this time is to purchase two (2) bearings, at an individual cost of $17,840.00, resulting in a total purchase of $35,680.00. FISCAL IMPACT: Funds are available in the approved FY24 budget. 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. Page 87 of 269 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council pass a resolution approving the purchase of two (2) bearings and assemblies from Epic International, Inc. in the total amount of $35,680.00. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 88 of 269 R E S O L U T I O N 2023-236 WHEREAS, a replacement bearing and assembly is needed for the screw pumps at the Wastewater Treatment Plant, as it has failed; and WHEREAS, the screw pumps are responsible for pumping wastewater into the aeration basin as part of the treatment process; and WHEREAS, these bearing are all the same age and have similar run times a spare will also be ordered to prevent any down time at the plant, as these bearings are custom made and not kept in stock, with a lead time of about four (4) weeks from receipt of order; and WHEREAS, on September 8, 2020, via Resolution No. 2020-15 City Council approved Epic International, Inc. of Ashland, Virginia as the sole source supplier for all Landustrie screw pumps and parts; and WHEREAS, the request is to purchase two (2) bearings and assemblies, at an individual cost of $17,840.00, resulting in a total purchase of $35,680.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of two (2) bearings and assemblies from Epic International, Inc. of Ashland Virginia is hereby approved in the total amount of $35,680.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 89 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.k. Subject: #2023-237 - Approving Program Agreement with NDOT for Grand Island West Connector Trail Staff Contact: Keith Kurz BACKGROUND: The West Connector Trail extension was identified as a priority for funding in the Bicycle and Pedestrian Master Plan and a section of this trail has been identified in the Long Range Transportation Plan. The extension of this trail will fill a gap in the Grand Island Trails System, creating more useable trail miles within our community. On April 11, 2023, via Resolution No. 2023-94, City Council approved the application in the total amount of $1,433,545.00 for the West Connector Trail through the Transportation Alternatives Program. This grant required a 20% City match of $286,649.00 and 80% funding from the Federal government of $1,146,596.00. On April 25, 2023, via Resolution No. 2023-109, City Council approved an adjustment to the budget of the application to include preliminary engineering, NEPA and construction inspection to meet grant budget requirements. DISCUSSION: The West Connector Tail extension was selected for funding through the Transportation Alternatives Program, with funding available through NDOT. The federal share payable on any portion of a local federal-aid project is a maximum of 80% of the eligible participating costs, while the Local Public Agency (LPA) is responsible for the remaining 20% as well as all other nonparticipating or ineligible costs of the project. The current estimate of this project is $1,824,130.00, of which $1,459,304.00 will be grant funded and the remaining $364,826.00 is funded by the City. The attached exhibit shows the route of the West Connector Trail extension for reference. FISCAL IMPACT: Funds are available in the approved FY24 budget. Page 90 of 269 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 presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve a resolution authorizing the Mayor to sign the agreement. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution 2. Exhibit Page 91 of 269 Page 92 of 269 S. NORTH ROAD S. ENGLEMAN ROAD W. OLD POTASH HWYEDNA DR.LILLIE DR.LITTLE BLUESTEM DR.INDIAN GRASS RD.KENNETH DR. BUFFALO GRASS ST.PUBLIC WORKS DEPARTMENTGRAND-ISLAND WEST CONNECTOR TRAILMAP OVERVIEW PROJECT NO. TAP-40(70)GRAND ISLAND, NEBRASKANPage 93 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.l. Subject: #2023-238 - Approving Bid Award for Ryder Park Parking Lot Improvements Staff Contact: Todd McCoy BACKGROUND: Ryder Park is a centrally located park that offers six ball fields, tennis courts, a future large inclusive playground, picnic areas, Tornado Hill, and more. In February City Council approved Resolution 2023-55 for Olsson Inc. to provide parking lot design services in the amount of $44,000. DISCUSSION: The City advertised a bid on August 25th to improve the east large gravel parking at Ryder Park. The project includes replacing gravel with concrete, adding parking lights, and park sidewalk connections. Six (6) bids were received. Staff recommends contracting Bigzbys Concrete, Inc. of Grand Island, Nebraska to complete the project. FISCAL IMPACT: The contact bid amount to construct the concrete parking lot, add parking lights, and park sidewalk connections is $741,808.54. Food and Beverage proceeds will be utilized. 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 presented in this motion. Page 94 of 269 RECOMMENDATION: City Administration recommends that Council approve the bid from Bigzbys Concrete, Inc. of Grand Island, Nebraska for improving the east parking area at Ryder Park. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Bid Summary 2. Resolution Page 95 of 269 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 12, 2023 at 2:00 p.m. FOR: Ryder Park Parking Lot Improvements DEPARTMENT: Parks & Recreation ESTIMATE: $900,000.00 FUND/ACCOUNT: 21100003-9999 PUBLICATION DATE: August 25, 2023 NO. POTENTIAL BIDDERS: 25 SUMMARY Bidder: H & H Concrete & Construction Bigzbys Concrete, Inc. Doniphan, NE Grand Island, NE Bid Bond: The Cincinnati Insurance Co. Cashier Check Exceptions: None None Bid Price: $750,000.00 $672,909.90 Alternate Bid $ 94,321.68 $ 68,920.60 Bidder: The Diamond Engineering Co. Next Level Concrete Grand Island, NE York, NE Bid Bond: Universal Surety Co. Exceptions: None Bid Price: $682,823.70 $942,801.36 Alternate Bid $65,179.30 $ 82,234.40 Bidder: Morten Construction Myers Construction Kearney, NE Broken Bow, NE Bid Bond: Western Surety Co. United Fire & Casualty Co. Exceptions: None None Bid Price: $695,347.90 $1,624,518.85 Alternate Bid $130,104.00 $ 179,448.00 Page 96 of 269 cc: Todd McCoy, Parks & Recreation Director Patti Buettner, Parks Admin. Assist. Laura McAloon, City Administrator Patrick Brown, Asst. City Administrator Stacy Nonhof, Purchasing Agent P2458 Page 97 of 269 R E S O L U T I O N 2023-238 WHEREAS, the City of Grand Island invited sealed bids for Ryder Park Parking Lot Improvements in Ryder Park according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on September 12, 2023, six (6) bids were received, opened and reviewed; and WHEREAS, Bigzbys Concrete, Inc. from Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $741,808.54; and WHEREAS, such project will be funded through Food & Beverage Proceeds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid from Bigzbys Concrete, Inc. from Grand Island, Nebraska in the total amount of $741,808.54 for Ryder Park Parking Lot Improvements in Ryder Park is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED that the Mayor and designees are hereby authorized to take all actions necessary to effect the purpose of this resolution. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 98 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.m. Subject: #2023-239 - Approval of Amendment of Ryder Park Parking Lot Improvement Design to Include Construction Services Staff Contact: Todd McCoy BACKGROUND: Ryder is a centrally located park that offers six ball fields, tennis courts, a future large inclusive playground, picnic areas, Tornado Hill, and more. Earlier this year City Council approved Resolution 2023-55 to hire Olsson to design an improved parking area to replace the east gravel lot at Ryder Park in the amount of $44,000.00. DISCUSSION: Olsson has completed the contracted design work and the project has been publicly bid. Moving into the construction phase of the project, staff recommends amending the agreement with Olsson to include additional construction management services. FISCAL IMPACT: The additional construction management services will add $47,900.00 to the contract. The new total contract with Olsson for design and construction management services is $91,900.00. Food and Beverage funds will be utilized. 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 presented in this motion. Page 99 of 269 RECOMMENDATION: City Administration recommends that the City Council accept the amendment to the agreement with Olsson of Grand Island, Nebraska to provide construction management services. The amendment will increase the Olsson contract for design services by $47,900.00. The new total price of the contract is $91,900.00. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Amendment 1 2. Resolution Page 100 of 269 Page 1 of 5 LETTER AGREEMENT AMENDMENT #1 Date: September 15, 2023 This AMENDMENT (“Amendment”) shall amend and become a part of the Letter Agreement for Professional Services dated February 20, 2023 between City of Grand Island (“Client”) and Olsson, Inc. (“Olsson”) providing for professional services for the following Project (the “Agreement”): PROJECT DESCRIPTION AND LOCATION Project is located at: Ryder Park, Grand Island, NE Project Description: This is amendment is for construction phase services for the Ryder Park parking lot improvement project and playground sidewalk improvements. It also includes the additional design for playground sidewalk layout. SCOPE OF SERVICES Client and Olsson hereby agree that Olsson’s Scope of Services under the Agreement is amended by adding the services specifically described below for the additional compensation set forth below: Phase 210 Playground Sidewalk Design • Playground Construction Sheet: Develop a plan view sheet utilizing an aerial background establishing an alternate bid quantity for this additional sidewalk for the contractor to bid on. The plan would not have any elevations. Assume contractor will not need elevations to construct. Phase 300 Construction Services • Construction Administration & Observation: o Act as a liaison for the Owner with Contractors and with the City. o Conduct a pre-construction conference with the Client, City, Contractor, Engineer, and construction observation team. o Review shop drawings and submittals for compliance with construction documents. o Provide clarification and direction to Contractors regarding compliance with construction documents and City code regulations. o Coordinate the preparation of any changes through the issuance of field orders, work change directives, or change orders that are agreed upon. o Olsson shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist the Engineer in observing performance of the work of Page 101 of 269 Page 2 of 5 Contractor during the construction period. Assume an average of 20 hours per week for eight (8) weeks. o Keep a diary or logbook, recording Contractor hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures. A weekly summary will be provided to the Client. o Pay Requests: Review Contractor's payment requests, and forward to the Client for payment. o Substantial Completion: Schedule a walk through to identify items to be completed or corrected prior to accepting substantial completion. • Construction Staking: o Establish Control: Maintain, verify and establish horizontal and vertical control points as needed. (Assume one (1) Trip) o Storm Sewer and Conduit: Stake the storm lines on an offset at a minimum of 50 feet. Stake the rim and invert elevations for inlets on an offset. (Assume one (1) Trip) o Paving: Stake corners and radiuses of the parking lot and sidewalk. Assume no elevations will be needed for playground sidewalk with contractor utilizing existing grade. (Assume two (2) Trips). • Construction Testing: o Pavement Subgrades: The subgrades within the footprint of the proposed paved areas shall be evaluated with respect to stability and moisture content. Olsson shall obtain samples of materials proposed for use as structural fill for laboratory testing. Laboratory tests will include standard Proctor tests. Olsson shall observe and perform field density tests on structural fill placed in the proposed pavement areas. The subgrades will be proofrolled with heavy construction equipment prior to placement of fill or construction of the pavements. o Concrete Pavements: Olsson shall observe placement of concrete in the exterior concrete pavements. Field tests, including air content and temperature, shall be performed on samples of concrete. Cylinders shall be cast from the concrete used in the construction of the structure for compressive strength testing. o Utility Backfill: Olsson shall obtain samples of backfill material for standard Proctor tests. Field moisture-density tests shall be performed on backfill placed within segments of utility trenches. o Reporting: Olsson’s field professionals shall prepare typed reports of testing on a weekly basis. Phase 310 Stormwater (SWPPP) Inspections • Olsson will provide qualified personnel to inspect the Project for compliance with the Nebraska General National Pollutant Discharge Elimination System (NPDES) Permit Number NER210000 for Storm Water Discharges from Construction Sites to Waters of the State of Nebraska. • The inspections will encompass Project areas that have been cleared, graded, or excavated and that have not yet completed stabilization; stormwater controls (including pollution prevention measures) installed at the Project site to comply with the permit; Page 102 of 269 Page 3 of 5 material, waste, borrow, and equipment storage and maintenance areas that are covered by the permit; areas where stormwater typically flows within the Project site, including drainage ways designed to divert, convey, and/or treat stormwater; points of discharge from the site; and locations where stabilization measures have been implemented. • After the inspections are performed, a review of any significant deficiencies will be verbally conveyed to the Client designated Project representative prior to the Olsson inspector leaving the site, when possible. When a Client designated Project representative is not available, Olsson will attempt to contact them by phone to communicate any deficient findings. The inspector will also provide a digital copy of the inspection report via e-mail in a timely manner (typically 1-4 calendar days). • The inspection report will denote the condition and effectiveness of BMP controls and pollution prevention practices. The report will note structural BMPs or pollution prevention practices that are not operating in an effective manner, and/or that need to be installed, implemented, or replaced. The report will also document the presence of any discharges at the time of inspection, on-site modifications to the erosion and sediment control plan that may be required, and locations of potential pollutants. • As required by the General NPDES Permit Number NER160000 for Storm Water Discharges from Construction Sites to Waters of the State of Nebraska, the inspections will occur at a frequency of once every seven (7) calendar days during the growing season and monthly inspections during the winter months. Good Fee Amount is estimate. SWPPP Inspections shall be provided at $475 per inspection for an estimated 20 inspections over 6 months. This may vary based on the final construction schedule and final stabilization needed to close the grading permit. Olsson shall obtain email approval from client for additional effort beyond the fee listed and shall invoice accordingly. Phase 320 Construction Close Out • Organize and attend the final inspection of the project with the Client’s personnel and regulatory agencies and provide written comments to the Client. • Review the Contractor’s final application for payment and the accompanying documentation for compliance with the contract requirements. A final change order will be completed with the final completed quantities. • Review the Contractor’s record drawings for completeness and legibility. Olsson shall identify additional information that may be required to complete the project record drawings and request the information from the Contractor. • Using the Contractor’s and Olsson’s Resident Project Representative’s record drawings, Olsson shall revise the construction documents to reflect the construction records for the project. Olsson shall also prepare a summary of the materials testing that was completed on the project. Olsson shall provide the Client with two (2) sets of record drawings and testing package and a CD of the .pdfs of the record drawings and testing package. Page 103 of 269 Page 4 of 5 COMPENSATION For the additional Scope of Services specifically set forth in this Amendment, Client shall pay Olsson the following fee in addition to the fee(s) set forth in the Agreement: COMPENSATION Phase Phase Description Fee Fee Type SITE DESIGN 210 Stie Civil Construction Documents $2,800 Lump Sum CONSTRUCTION SERVICES 300 Construction Services $32,800 TMNTE 310 Stormwater (SWPPP) Inspections $9,500 Unit 320 Construction Close Out $2,800 TMNTE Subtotal $45,100 Total Contract $47,900 Phases 210 Client shall pay to Olsson for the performance of the Scope of Services a lump sum of $2,800. Olsson’s reimbursable expenses for this project are included in the lump sum. Olsson shall submit invoices on a monthly basis, and payment is due within 30 calendar days of invoice date. Phases 300, 310, 320 Client shall pay to Olsson for the performance of the Scope of Services, the actual hourly labor rates of personnel performing such services on the project times a factor of 3.2, unit rate for SWPPP inspections, and all actual reimbursable expenses in accordance with the Reimbursable Expense Schedule attached to this agreement. Olsson shall submit invoices on a monthly basis, and payment is due within 30 calendar days of invoice date. Olsson’s Scope of Services will be provided on a time-and-expense basis not to exceed $45,100. Page 104 of 269 Page 5 of 5 TERMS AND CONDITIONS OF SERVICE All provisions of the original Agreement not specifically amended herein shall remain unchanged. If this Contract Amendment satisfactorily sets forth your understanding of our agreement, please sign in the space provided below. Retain a copy for your files and return an executed original to Olsson. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing., OLSSON, INC. By __________________________________ By __________________________________ Matthew Rief Steve Hancock By signing below, you acknowledge that you have full authority to bind Client to the terms of this Amendment. If you accept this Amendment, please sign: CITY OF GRAND ISLAND By _____________________________ Signature Printed Name ____________________ Title ____________________________ Dated: _________________________ Attachments Standard Labor Rate Schedule Reimbursable Expense Schedule Resident Project Representative Duties Page 105 of 269 Classification Billing Rate Regional / Practice Leader 376.00$ Office Leader / Sr Project Manager 289.00$ Senior Project Manager 289.00$ Client Relationship Manager / Industry Expert 289.00$ Team Leader 249.00$ Technical Leader 211.00$ Senior Engineer 212.00$ Project Engineer 175.00$ Associate Engineer 149.00$ Assistant Engineer 126.00$ Senior Scientist 191.00$ Project Scientist 147.00$ Associate Scientist 123.00$ Assistant Scientist 100.00$ Senior Planner 193.00$ Project Planner 147.00$ Associate Planner 124.00$ Assistant Planner 102.00$ Senior Landscape Architect 191.00$ Project Landscape Architect 152.00$ Associate Landscape Architect 128.00$ Assistant Landscape Designer 105.00$ GIS Specialist 152.00$ Systems Specialist 151.00$ Senior Architect 198.00$ Project Architect 159.00$ Associate Architect 131.00$ Assistant Architect 109.00$ Design Manager / Technical Manager 175.00$ Design Associate 140.00$ Senior Technician 114.00$ Associate Technician 96.00$ Assistant Technician 84.00$ Commissioning Technical Manager / Manager 242.00$ Commissioning Agent 212.00$ Commissioning Senior Technician 180.00$ Commissioning AssociateTechnician 154.00$ Commissioning Assistant Technician 128.00$ Stormwater Compliance Senior Specialist / Leader 196.00$ Stormwater Compliance Specialist / Sr Coordinator 151.00$ Stormwater Compliance Coordinator 119.00$ Stormwater Compliance Assistant 93.00$ Olsson 2023 Billing Rate Schedule Eff. 01/27/2023 Olsson 2023 Billing Rate Schedule 1 of 2 Page 106 of 269 Classification Billing Rate Olsson 2023 Billing Rate Schedule Project Senior Coordinator 131.00$ Project Coordinator 100.00$ Accounting Senior Specialist 166.00$ Administrative Manager / Sr Specialist 114.00$ Administrative Specialist/Sr Coordinator 107.00$ Administrative Coordinator 95.00$ Administrative Assistant 72.00$ Public Engagement Specialist / Sr Coordinator 133.00$ Public Engagement Coordinator 105.00$ Public Engagement Assistant 88.00$ Student Intern - Level 3 98.00$ Student Intern - Level 2 84.00$ Student Intern - Level 1 70.00$ Note: Olsson’s labor rates will increase by 5% on January 1st every year of a multi- year contract Billing Rate Schedules for Surveying, Construction, Drilling, and Special Inspections/Materials Testing will be provided as an Appendices, as needed. Eff. 01/27/2023 Olsson 2023 Billing Rate Schedule 2 of 2 Page 107 of 269 Eff. 01/2023 Page 1 of 1 REIMBURSABLE EXPENSE SCHEDULE The expenses incurred by Olsson or Olsson's independent professional associates or consultants directly or indirectly in connection with the Project shall be included in periodic billing as follows: Classification Cost Automobiles (Personal Vehicle) $0.655/mile* Suburban’s and Pick-Ups $0.75/mile* Automobiles (Olsson Vehicle) $95.00/day Other Travel or Lodging Cost Actual Cost Meals Actual Cost Printing and Duplication including Mylars and Linens In-House Actual Cost Outside Actual Cost+10% Postage & Shipping Charges for Project Related Materials including Express Mail and Special Delivery Actual Cost Film and Photo Developing Actual Cost+10% Telephone and Fax Transmissions Actual Cost+10% Miscellaneous Materials & Supplies Applicable to this Project Actual Cost+10% Copies of Deeds, Easements or other Project Related Documents Actual Cost+10% Fees for Applications or Permits Actual Cost+10% Sub-Consultants Actual Cost+10% Taxes Levied on Services and Reimbursable Expenses Actual Cost *Rates consistent with the IRS Mileage Rate Reimbursement Guidelines (Subject to Change). Page 108 of 269 EJCDC Exhibit B (Adapted) EB-1 EXHIBIT B A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of CONTRACTOR. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with Contract Documents and in particular the specific limitations set forth in the Agreement as applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER in ENGINEER's agreement with the OWNER and in the construction Contract Documents, and are further limited and described as follows: A. General RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealing in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealing with subcontractor shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. B. Duties and Responsibilities of RPR 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2. Conferences and Meetings: Attend meeting with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project- related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist the ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on-site operations. 4. Shop Drawings and Samples: a. Record date of receipt of Shop Drawings and samples. b. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. c. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. Page 109 of 269 EJCDC Exhibit B (Adapted) EB-2 5. Review of Work, Rejection of Defective Work, Inspections and Tests: a. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings and Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. 9. Reports: a. Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. c. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. d. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. Page 110 of 269 EJCDC Exhibit B (Adapted) EB-3 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12. Completion: a. Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. c. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. Limitations of Authority Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 7. Shall not authorize OWNER to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. Page 111 of 269 R E S O L U T I O N 2023-239 WHEREAS, on February 28, 2023 by Resolution 2023-55, the City Council of the City of Grand Island approved Olsson, Inc. of Grand Island, Nebraska, the amount of $44,000.00, to complete Design Services for Ryder Park Parking Lot Hard Surfacing; and WHEREAS, with the completion of the design services it is now time to move forward with construction services; and WHEREAS, an amendment to the original agreement with Olsson, Inc. is requested; and WHEREAS, such amendment will be funded through Food & Beverage Funds; and WHEREAS, such amendment has been incorporated into Amendment No. 1; and WHEREAS, the result of such amendment will increase the agreement amount by $47,900.00 for a revised agreement price of $91,900.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Amendment No. 1 between the City of Grand Island and Olsson, Inc. of Grand Island, Nebraska to incorporate the amendment agreement set out as follows: 1. Additional construction services…………………………………..increase $47,900.00 BE IT FURTHER RESOLVED that the Mayor and designees are hereby authorized to take all actions necessary to effect the purpose of this resolution. Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, City Clerk Page 112 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.n. Subject: #2023-240 - Approving Change Order #1 for Stolley Park Irrigation Project Staff Contact: Todd McCoy BACKGROUND: Much of Stolley Park does not have an underground irrigation system. During dry spells it is labor intensive and inefficient for staff to water turf areas with above ground non-dedicated watering systems. It is anticipated by adding a modern irrigation system the turf area can be dramatically improved. During the 2022/2023 budget process, City Council approved funding for the addition of the irrigation system. The new irrigation system includes a new control system, all new sprinkler heads, piping, and connecting underground communication wiring. On July 11, 2023, Council approved Resolution 2023-167 to hire Tilley Sprinklers of Grand Island, Nebraska to install a new sprinkler system in the northeastern parts of Stolley Park in the amount of $95,100.00. DISCUSSION: During the construction contractor design review it was determined that additional parts below and labor are required to make the system operate efficiently. 180 foot 4” PVC 1 4” Slip Fix 1 4” Coupler 1 4” Tee 1 4” Elbow 2 4” 45 Degree The total cost of Change Order No. 1 is $3,320.00. With approval of Change Order No. Page 113 of 269 1 the total amount of the contract increases to $98,420.00. Food and Beverage Tax proceeds will be utilized to pay for the project. FISCAL IMPACT: The new Stolley irrigation system will add an estimated $3,500 in annual utility costs. There will be minimal additional costs to winterize and maintain the system annually. 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 presented in this motion. RECOMMENDATION: City Administration recommends that the City Council approve Change Order No. 1 in the amount of $3,320.00 and increase the total Stolley Park Irrigation Project contract with Tilley Sprinklers to $98,420.00. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 114 of 269 R E S O L U T I O N 2023-240 WHEREAS, on July 11, 2023 by Resolution 2023-167, the City Council of the City of Grand Island awarded Tilley Sprinkler Systems, Inc. from Grand Island, Nebraska, the bid in the amount of $95,100.00, for the Furnishing and Installation of Irrigation System at Stolley Park; and WHEREAS, during the construction contractor design review it was determined additional parts and labor are required to make the system operate efficiently; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, such modifications will be funded through the Food & Beverage Funds; and WHEREAS, the result of such modifications will increase the contract amount by $3,320.00 for a revised contract price of $98,420.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and Tilley Sprinkler Systems, Inc. from Grand Island, Nebraska to provide the modifications set out as follows: 1. Add 180 ft. 4” PVC pipe, (1) each 4” Slip Fix, (1) each 4” Coupler, (1) each 4” Tee, (1) each 4” Elbow, (2) each 4” 45 Degree……………..increase $3,320.00 BE IT FURTHER RESOLVED that the Mayor and designees are hereby authorized to take all actions necessary to effect the purpose of this resolution. Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 115 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.o. Subject: #2023-241 - Approving Loan from State Revolving Fund for Lead Service Replacement Staff Contact: Ryan Schmitz, Stacy Nonhof BACKGROUND: On July 25th, 2023 Council was presented the Lead Service Line replacement and the Lead and Copper Revised Rules (LCRR) that are to take effect on October 16, 2024. On November 15, 2021, the Federal government passed the Bipartisan Infrastructure Law to fund the replacement of lead service lines. The funds for the state of Nebraska are being distributed through the State Revolving Fund (SRF). The funds are distributed as a line of credit loan, which will partially be granted and the remaining repaid through water rates. In preparing to meet the requirements for inventorying all our service lines in the city as required by the LCRR, the utility staff reviewed our service line cards and put together an inventory that is showing a possible 3,000 service lines that could be lead or galvanized piping. To replace these lines and utilize federal funds, the City will need to get a loan from the State Revolving Fund. DISCUSSION: The State Revolving Fund has been set up by the Nebraska Department of Environment and Energy (NDEE) to allow for up to 62% forgivable and a 40 year payback at 0% interest in areas that fall into opportunity zones which have residences with a higher economic need and a 57% forgivable and a 30 year payback at 0% interest in all other areas. There is also an additional 10% of money that is 100% forgivable for discovery. The Water Department has developed a plan where the opportunity zone areas will be completed first, thus utilizing the 62% forgivable and 40 year payback loan. The opportunity zones have a possible 1,290 service lines that could require replacement, but we expect some have already been replaced and are estimating that for the first SRF loan, we would need $4,500,000 of which less than $1,710,000 would need to be repaid. The Water Department would schedule to complete these first replacements over 5 years. After 5 years, we would take out a second loan to complete the remaining service line replacements. The exact amount for the second loan would be determined after we gain experience with the first round of replacements. Discovery will be completed using a hydro vacuum and a crew of two Page 116 of 269 water maintenance workers. The verification is considered discovery work and will fall into the additional 10% that is 100% reimbursable. The map below shows the areas of Grand Island where the opportunity zones are located and each grey dot represents a location of a possible lead service line. FISCAL IMPACT: The first loan will require a repayment of less than $1,710,000 over 40 years at 0% interest. 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 presented in this motion. RECOMMENDATION: City Administration recommends that Council approves moving forward with the State Revolving Fund loan to complete the Lead Service Line replacements in the opportunity zones for an amount of $4,500,000.00. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 117 of 269 R E S O L U T I O N 2023-241 WHEREAS, on July 25, 2023 Council was presented with the Lead Service Line replacement and the Lead and Copper Revised Rules that are to take effect on October 16, 2024; and WHEREAS, the State Revolving Fund (SRF) has been set up the Nebraska Department of Environment and Energy to allow for various percentages of forgivable amounts and various payback terms based on the area of replaced and the type of work; and WHEREAS, the Water Department has developed a plan to complete work in the opportunity zone areas first to utilize the 62% forgivable and 40-year payback loan; and WHEREAS, there are a possible 1,290 service lines in the opportunity zones, it is estimated that the first SRF loan would be $4,500,000.00 of which less than $1,710,000.00 would need to be repaid; and WHEREAS, verification is considered discovery work, which will be completed using a hydro vacuum and a crew of two water maintenance workers, and will fall into the category that is 100% reimbursable. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the loan amount of $4,500,000.00 from the State Revolving Fund for the Lead Service Line replacement program be approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island and to take all other actions necessary to effect the purpose of this resolution. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2023. ____________________________________ Roger G. Steele, Mayor Attest: _______________________________ Jill Granere, Deputy City Clerk Page 118 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.p. Subject: #2023-242 - Approving Bid Award - Liquid Ortho-Polyphosphate for Corrosion Control 2023-2025 Staff Contact: Ryan Schmitz, Stacy Nonhof BACKGROUND: The City was issued an Administrative Order by the Nebraska Health and Human Services on March 24, 1998, requiring compliance with the Lead and Copper Rule. Because City water was corrosive enough to leach copper from household plumbing and fixtures in excess of EPA limits, the order required the preparation of an Optimum Corrosion Control Treatment program (OCCT). The OCCT program includes the addition of liquid ortho-polyphosphate solution to the source water to reduce the corrosiveness of the naturally occurring source water. The addition was implemented in May 2003. Subsequent testing of the water system indicates that the goal of reducing corrosiveness, and thus copper levels, to comply with the regulatory order has been achieved. DISCUSSION: The Utilities Department solicits bids for the treatment solution. The current contract to provide the additive for this term is completed. Therefore, specifications for the purchase of Liquid Ortho-Polyphosphate for Corrosion Control for the two years beginning October 1, 2023 through September 30, 2025 were prepared and issued for bid. The specifications require a firm price for the product to maintain the guaranteed dose rate. Bids were publicly opened on September 13, 2023. Two bids were received as listed below. The bids were evaluated based upon the total cost to treat 4.5 billion gallons of water (a high estimate of annual treatment needed). The engineer’s estimate for this project was $350,000.00. Bidder Unit Price/gallon Price/million Gallons Annual cost Carus Corporation, LLC $ 15.39 $61.56 $ 277,020.00 Shannon Chemical Corporation $ 17.37 $69.48 $ 312,660.00 Page 119 of 269 Department staff has reviewed the bids for compliance with the City’s detailed specifications. The products proposed by the suppliers are similar in chemical composition, as well as with another product successfully used in the past. The current dosage rate has been approved as part of the OCCT and has proven to achieve compliance with State Health Department regulations. Based on the evaluation scoring criteria that considers multiple factors, Carus LLC is recommended as the low evaluated bidder. FISCAL IMPACT: Budgetary Number = $350,000.00; Bid Amount – as delivered = estimated $277,020.00 annually 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 presented in this motion. RECOMMENDATION: City Administration recommends that the Council award the Purchase of Liquid Ortho-Polyphosphate for Corrosion Control 2023-2025 to Carus LLC from Peru, Illinois as winning bidder, for a not-to-exceed price of $61.56 per million gallons of water treated; an annual amount estimate at $277,020.00. The actual annual amount will depend on City water usage. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Bid Summary 2. Resolution Page 120 of 269 INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 13 at 2:00 p.m. FOR: Purchase of Liquid Ortho-Polyphosphate for Corrosion Control DEPARTMENT: Utilities ESTIMATE: $175,000.00 FUND/ACCOUNT: 525 PUBLICATION DATE: August 29, 2023 NO. POTENTIAL BIDDERS: 2 SUMMARY Bidder: Carus LLC Shannon Chemical Corporation Peru, IL Malvern, PA Bid Security: Harco National Insurance Co. Harco National Insurance Co. Exceptions: None None Bid Price: Unit Price Bid: $ 15.39 $ 17.37 Unit Cost of Treatment: $ 61.56 $ 69.48 Total Base Bid: $277,020.00 $312,660.00 cc: Ryan Schmitz, Interim Utilities Director Karen Nagel, Utilities Secretary Laura McAloon, City Administrator Patrick Brown, Assistant City Administrator Stacy Nonhof, Purchasing Agent Scott Sekutera, Regulatory Supervisor Angela Schulte, Utilities Dept. Christy Lesher, Utilities Dept. P2460 Page 121 of 269 R E S O L U T I O N 2023-242 WHEREAS, the City of Grand Island invited sealed bids for Liquid Ortho- Polyphosphate for Corrosion Control 2023-2025, according to plans and specifications on file with the Utilities Department; and WHEREAS, on September 13, 2023, bids were received, opened and reviewed; and WHEREAS, Carus, LLC of Peru, Illinois, 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 not to exceed the amount of $ 61.56 per million gallons of water treated; and WHEREAS, the bid of Carus, LLC is less than the estimate for Liquid Ortho- Polyphosphate for Corrosion Control 2023-2025. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Carus, LLC not to exceed the amount of $ 61.56 per million gallons of water treated, for Liquid Ortho-Polyphosphate for Corrosion Control 2023-2025, is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island and to take all other actions necessary to effect the purpose of this resolution. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2023 _______________________________ Roger G. Steele, Mayor Attest: ___________________________ Jill Granere, Deputy City Clerk Page 122 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.q. Subject: #2023-243 - Approving Purchase of a Vermeer LP Trailer for Water Distribution Department Staff Contact: Ryan Schmitz, Stacy Nonhof BACKGROUND: In December of 2022, the Council approved changes to Chapter 35 of the city code for the Water Department to take over ownership of water service lines from the main to the curb-stop of single family residential homes. The water shop has been called to fix 34 services in 2023 as of the end of August. The normal method of finding the leak is to dig up the service line with a backhoe that has an 18” to 24” bucket, excavating a large hole which needs to be restored. As the Water Department moves forward with the Lead and Copper Revised Rule to replace lead service lines, it would be much more efficient to excavate smaller holes using a hydro vac. A hydro vac uses high pressure water to loosen the soil and a vacuum mounted on a trailer to suck up the soil as it is loosened. The hydro vac has been budgeted for the FY 23-24, but the lead time to purchase is several months. DISCUSSION: To ensure the hydro vac is received in time for use in the 23-24 fiscal year, the Water Department must order the hydro vac trailer before September 30th, 2023. Using the Sourcewell Contract #110421 allows for a discounted purchase of a Vermeer LP SD Trailer, for a total cost of $141,493.12. Utilities Department staff is recommending the purchase of the Vermeer LP Trailer from Vermeer High Plains of Alda, NE in the amount of $141,493.12. FISCAL IMPACT: Budgetary Number = $150,000.00; Bid Amount = $141,493.12 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. Page 123 of 269 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that Council approve the purchase of a Vermeer LP SD Trailer from Vermeer High Plains of Alda, NE in the amount of $141,493.12. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 124 of 269 R E S O L U T I O N 2023-243 WHEREAS, using a hydro vac is a more efficient method to locate leaking water service lines; and WHEREAS, the hydro vac trailer must be ordered before September 20, 2023 to ensure the hydro vac can be received in time for use in the 2023-2024 fiscal year; and WHEREAS, Sourcewell Contract #110421 allows for a discounted purchase of a Vermeer LP Trailer for a total cost of $141,493.12 and WHEREAS, Utilities Department staff is recommending the purchase of the Vermeer LP Trailer from Vermeer High Plains of Alda, NE in the amount of $141,493.12. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Water Department purchase a Vermeer LP Trailer from Vermeer High Plains of Alda, NE in the amount of $141,493.12 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island and to take all other actions necessary to effect the purpose of this resolution. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2023. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ Jill Granere, Deputy City Clerk Page 125 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 8.r. Subject: #2023-244 - Approving Bid Award - Water Main Project 2023-W-2 Staff Contact: Ryan Schmitz, Stacy Nonhof BACKGROUND: Water main project 2023-W-2 will install an 8” ductile iron water main within Howard Avenue from College Street to Capital Avenue through trenchless construction methods; also, water service connections, pavement removal and restoration. The work will replace the existing 6” water main that is undersized and has been subjected to multiple breaks. A site map of the work area is attached for reference. DISCUSSION: Bidding documents were advertised in accordance with City Procurement Codes. Two (2) bids were received and publicly opened at 2:00 p.m. on September 7, 2023. The engineer’s estimate for this project is $765,000.00. The bids have been reviewed, evaluated, and are without errors. None of the bidders took exception to the contract’s documents. Tabulated below are the Evaluated Bid Prices: Bidder Bid Security Exceptions Bid Myers Construction, Inc. Broken Bow, NE United Fire & Casualty Co. None $797,449.25 Diamond Engineering Co. Grand Island, NE Universal Surety Co. None $497,386.94 FISCAL IMPACT: Water Main Project 2023-W-2 is part of the Utilities Department’s Water Capital Improvements for Fiscal Year 2023-24 with a budgeted amount of $765,000.00. The low qualified bidder’s contract amount is less than the budgeted amount. Page 126 of 269 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 presented in this motion. RECOMMENDATION: City Administration recommends that the Council award the contract to the low qualified bidder, The Diamond Engineering Co. of Grand Island, Nebraska, in the amount of $497,386.94. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Map 2. Bid Summary 3. Resolution Page 127 of 269 Pictometry, Grand Island, Hall County, City of Grand Island F 0 0.06 mi City of Grand Island Utilities Department Print Date: 9/13/2023 Page 128 of 269 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 7, 2023 at 2:00 p.m. FOR: Water Main Project 2023-W-2 DEPARTMENT: Utilities ESTIMATE: $765,000.00 FUND/ACCOUNT: 525 PUBLICATION DATE: August 22, 2023 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: The Diamond Engineering Co. Grand Island, NE Bid Security: Universal Surety Company Exceptions: None Bid Price: Sales Tax: $ 14,425.22 Materials Cost: $188,788.02 Services Cost: $294,173.70 Total Bid: $497,386.94 Bidder: Myers Construction Inc. Grand Island, NE Bid Security: United Fire & Casualty Company Exceptions: None Bid Price: Sales Tax: $ 21,965.28 Materials Cost: $482,613.63 Services Cost: $292,870.34 Total Bid: $797,449.25 cc: Ryan Schmitz, Interim Utilities Director Jamie Royer, Civil Engineer II Patrick Brown, Asst. City Administrator Stacy Nonhof, Purchasing Agent Angela Schulte, Utilities Secretary Christi Lesher, Utilities Secretary P2457 Page 129 of 269 R E S O L U T I O N 2023-244 WHEREAS, the City of Grand Island invited sealed bids for construction of Water Main Project 2023-W-2 – Howard Avenue from College Street to Capital Avenue, according to plans and specifications on file with the Utilities Department; and WHEREAS, on September 7, 2023, bids were received, opened, and reviewed; and WHEREAS, The Diamond Engineering Co., 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 $497,386.94; and WHEREAS, the bid of The Diamond Engineering Co. is less than the estimate for construction of Water Main Project 2023-W-2 – Howard Avenue from College Street to Capital Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Co., in the amount of $497,386.94, is hereby approved as the negotiated responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island and to take all other actions necessary to effect the purpose of this resolution. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2023. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ Jill Granere, Deputy City Clerk Page 130 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 9.a. Subject: Public Hearing on Request from La Milagrosa Super Market, LLC dba La Milagrosa Market, 102 W. 4th Street, for a Class "C" Liquor License #2023-245 - Approving Request from La Milagrosa Super Market, LLC dba La Milagrosa Market, 102 W. 4th Street, for a Class "C" Liquor License and Liquor Manage Designation for Susel Vazquez, 1603 Hope Street, Grand Island, Nebraska Staff Contact: Jill Granere 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: 1. 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; 2. To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and 3. 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: La Milagrosa Super Market, LLC dba La Milagrosa Market, 102 West 4th Street has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. Page 131 of 269 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. Also submitted was a request for Liquor Manager Designation for Susel Vazquez, 1603 Hope Street, Grand Island, Nebraska. Susel Vazguez has not completed a state approved alcohol server/seller training program. Staff recommends approval of the liquor license contingent upon final inspections and liquor manager designation for Susel Vazquez, 1603 Hope Street, Grand Island, Nebraska, contingent upon completing a state approved alcohol server/seller program. FISCAL IMPACT: There is no fiscal impact. 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 presented in this motion. 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 as recommended. ATTACHMENTS: 1. Police Report 2. Map 3. Resolution Page 132 of 269 09/22/23 Grand Island Police Department Officer Report for Incident L23091758 Nature: Liquor Lic Inv Address: 102 4TH ST W Location: PCID Grand Island NE 68801 Offense Codes: Received By: Preisendorf A How Received: T Agency: GIPD Responding Officers: Dvorak T Responsible Officer: Dvorak T Disposition: ACT 09/22/23 When Reported: 07:36:13 09/22/23 Occurred Between: 07:36:13 09/22/23 and 07:36:13 09/22/23 Assigned To: Detail: Date Assigned: **/**/** Status: Status Date: **/**/**Due Date: **/**/** Complainant: Last: First: Mid: DOB: **/**/**Dr Lic: Address: Race: Sex: Phone: City: , Offense Codes Reported: Observed: Circumstances LT12 LT12 Grocery/Supermarket Responding Officers: Unit : Dvorak T 309 Responsible Officer: Dvorak T Agency: GIPD Received By: Preisendorf A Last Radio Log: **:**:** **/**/** How Received: T Telephone Clearance: CL CL Case Closed When Reported: 07:36:13 09/22/23 Disposition: ACT Date: 09/22/23 Judicial Status: Occurred between: 07:36:13 09/22/23 Misc Entry: and: 07:36:13 09/22/23 Modus Operandi: Description : Method : Involvements Date Type Description 09/22/23 Name Lopez-Hernandez, Zainab owner Page 133 of 269 Officer Report for Incident L23091758 Page 2 of 5 09/22/23 09/22/23 Name Vazquez-Camejo, Susel A Proposed Mgr 09/22/23 Name La Milagrosa Super Market, Business Page 134 of 269 Officer Report for Incident L23091758 Page 3 of 5 09/22/23 Narrative 309 Liquor Investigation Grand Island Police Department La Milagrosa Super Market LLC, doing business as La Milagrosa Super Market, has applied for a class C liquor license; beer, wine and distilled spirits on and off sale; for their market at 102 W 4th Street. This request is in addition to the request for a Class C license for the La Milagrosa Cafe. The NLCC failed to send each application at the same time. The council has already considered the request for a liquor license at the cafe but not the market. The police department was just informed on 9/20/23 that there was also an application for the market. _____________________________________________ Responsible LEO: _____________________________________________ Approved by: _____________________________________________ Date Page 135 of 269 Officer Report for Incident L23091758 Page 4 of 5 09/22/23 Supplement 309 La Milagrosa Cafe Grand Island Police Department Supplemental Report Date, Time:9-5-23 Reporting Officer:Sgt Dvorak #309 Unit #:CID On 9/20/23, the police department received a liquor license application regarding La Milagrosa Super Market LLC wanting a new license issued for the business La Milagrosa Super Market located at 102 W. 4th. Zainab Lopez Hernandez is listed as the owner of the LLC. The proposed liquor manager for the business is Susel Vazquez-Camejo. Zainab does not report a spouse and has lived in Grand Island since at least 2012. She, and the LLC, have been Grand Island business owners since at least 2014. I checked local Spillman filed, State of NE NCJIS files, and a paid law enforcement only database for relevant records. I first noted that Zainab does not have any warrants for her arrest. Zainab did not self disclose any convictions. I did not locate any convictions in local or State of Nebraska files. While Zainab does have come local contacts in Spillman, none were concerning and most centered on property owned by Zainab in calls for service. The law enforcement only database generally covers entries of a civil nature, such as bankruptcies, liens and judgments. Lopez Hernandez does not have any current or past entries in any of those areas. Proposed manager Susel Vazquez Camejo did not have active warrants for her arrest. In Spillman files, there were no entries of concern. In State of NE records, I located two historical civil lawsuits that Susel was involved in, but no criminal history or convictions. The paid law enforcement only database did not have any concerning entries regarding bankruptcies or liens or judgements. NSP Investigator Todd Suchsland and I scheduled to meet Zainab and Susel at the new restaurant location. However, due to scheduling, rescheduling, and interpreter schedule issues, I was unable to meet with Zainab and NSP Suchsland. Todd was able to keep the appointment, and I contacted him afterwards. Investigator Suchsland advised that he found no concerns with Zainab or the restaurant application. He said he and Zainab covered the usual admonishments of cooperation with GIPD and reporting any issues, along with the Commission's list of concerns and enforcement related information. With no negative disclosures in my background search and Inv Suchsland's assurances from his meeting with Zainab during the investigation into the application for the cafe, the Grand Island Police Department has no objection to La Milagrosa Market LLC, with Susel Vazquez Camejo as liquor manager, being issued a Class C Liquor License; beer, wine and distilled spirits on and off sale; for the La Milagrosa Super Market at 102 W. 4th Street. Page 136 of 269 Liquor License Application:Class “C”: La Milagrosa Supermarket, LLC dba La Milagrosa Café ! ! ! ! ! ! !!!!! ! ! ! ! !! ! ! ! ! !! ! ! ! ! ! ! ^_9th St W W h e eler A v e S 2nd St ELocust St SSouth Front St EEl m St N Plum St N 1st St E6th St EO a k St N Pine St S5th St ESouth Front St W 1st St W North Front St ECle b urn St N C e d ar St N 2nd St W3rd St W 3rd St E4th St E8th St W 7th St E7th St W 6th St W 4th St W5th St W 8th St ENorth Front St W Ki m b all A v e N E d d y St N W h e eler A v e N Pin e St N Vin e St N L o c u st St N Waln ut St N S yc a m ore St N Court St E 116 W. 4th Street ¯ Legend ^_116 W. 4th Street !Licensed Locations Road Centerlines1 inch = 400 feet Page 137 of 269 R E S O L U T I O N 2023-245 WHEREAS, an application was filed by La Milagrosa Super Market, LLC dba La Milagrosa Market, 102 W. 4th 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 16, 2023; such publication cost being $14.40; and WHEREAS, a public hearing was held on September 26, 2023 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____ The City of Grand Island hereby recommends approval of Susel Vazquez, 1603 Hope Street, Grand Island, Nebraska for liquor manager contingent upon completing a stated approved alcohol sever/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 138 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 9.b. Subject: Public Hearing on Acquisition of Utility Easement - Stuhr and Wildwood (O'Nele, Krolikowski, Weichman) #2023-246 - Approving Acquisition of Utility Easement - Stuhr and Wildwood (O'Nele, Krolikowski, Weichman) Staff Contact: Ryan Schmitz, Laura McAloon BACKGROUND: Nebraska State Statutes state that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. The Utilities Department needs to acquire a twenty (20.0) foot wide utility easement tract through a part of the Southwest Quarter of the Southwest Quarter (SW1/4, SW1/4), of Section Two (2), Township Ten (10) North, Range Nine (9) West of the 6th PM, Hall County, Nebraska. DISCUSSION: An existing single phase power line located North and East of Stuhr Road and Wildwood Drive is scheduled to be upgraded. Due to the age of the said existing single phase power line, an easement was never acquired during before original construction. The city of Grand Island Utilities Department proposes to acquire a twenty (20.0) foot wide Utility Easement through four different parcels involving three separate land owners. The proposed Utility Easement will allow the Department to install, access, operate, and maintain the existing power lines and infrastructure at this location. FISCAL IMPACT: There is no fiscal impact. 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. Page 139 of 269 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00) for each receipt which is acknowledged and mutual benefits received. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution 2. Map Page 140 of 269 R E S O L U T I O N 2023-246 WHEREAS, a public utility easement is required by the City of Grand Island from Susan G. O’Nele, Roger D. Krolikowski and Douglas P. Weichamn, 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 26, 2023, for the purpose of discussing the proposed acquisition of a permanent and perpetual easement and right-of-way tract located through a part of the Southwest Quarter of the Southwest Quarter (SW1/4, SW1/4), of Section Two (2), Township Ten (10) North, Range Nine (9) West of the 6th PM, Hall County, Nebraska, the boundary of the twenty (20.0) foot wide utility easement and right-of-way tract being more particularly described as follows: Commencing at the Southwest corner of the Southwest Quarter of the Southwest Quarter (SW1/4, SW1/4), of Section Two (2), Township Ten (10) North, Range Nine (9) West of the 6th PM, Hall County, Nebraska; thence northerly along the westerly line of the Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4), said Section Two (2), on an assumed bearing of N0°15’29”W, a distance of nine hundred seventy and sixty-seven hundredths (970.67) feet; thence S89°35’28”E, a distance of thirty-three and four hundredths (33.04) feet to a point on the easterly right-of-way line of Stuhr Road, said point also being the ACTUAL Point of Beginning; thence continuing S89°35’28”E, a distance of six hundred seventy- three and forty-seven hundredths (673.47) feet; thence S60°51’39”E, a distance of three hundred sixty-one and forty-three hundredths (361.43) feet; thence S29°08’21”W, a distance of twenty (20.0) feet; thence N60°51’39”W, a distance of one hundred thirty-eight and ninety-seven hundredths (138.97) feet; thence S23°20’25”W, a distance of one hundred ninety-one and fifty-seven hundredths (191.57) feet; thence N66°39’35”W, a distance of twenty (20.0) feet; thence N23°20’25”E, a distance of one hundred ninety-three and six tenths (193.6) feet; thence N60°51’39”W, a distance of one hundred ninety-seven and twenty-three hundredths (197.23) feet; thence N89°35’28”W, a distance of six hundred sixty- eight and eleven hundredths (668.11) feet to a point on the easterly right-of-way line of said Stuhr Road; thence N0°15’29”W, along the easterly line of said Stuhr Road, a distance of twenty (20.0) feet to the said Point of Beginning. The above-described easement and right-of-way containing a total of .56 acres, more or less, as shown on the plat dated 3/30/2023, 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 Susan G. O’Nele, Roger D. Krolikowski and Douglas P. Weichamn, on and over the tract of land described herein and as depicted on Exhibit A hereto. BE IT FURTHER RESOLVED that the Mayor and designee are hereby authorized to execute all documents necessary to effect the purpose of this Resolution. Page 141 of 269 - 2 - - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2023. _________________________ Roger G. Steele, Mayor Attest: _______________________________ Jill Granere, Deputy City Clerk Page 142 of 269 Page 143 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 9.c. Subject: Public Hearing on Acquisition of Utility Easement - 1515 E. 4th St (Wish Nebraska) #2023-247 - Approving Acquisition of Utility Easement - 1515 E. 4th St (Wish Nebraska) Staff Contact: Ryan Schmitz, Laura McAloon BACKGROUND: Nebraska State Statutes state that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. The Utilities Department needs to acquire a utility easement in part of Lot Two (2) Concept Fourth Subdivision, in the City of Grand Island, Hall County, Nebraska. DISCUSSION: Verizon Commercial Power has requested a new underground electric service to power a new tower location located at 1515 E. 4th Street. To accommodate the new electrical service, a new 25 kva padmount transformer, high voltage terminal, 640’ of 2” PVC conduit and #2 cable will be installed. The proposed easement will allow the Department to install, access, operate, and maintain electrical infrastructure at this location. FISCAL IMPACT: There is no fiscal impact. 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 presented in this motion. Page 144 of 269 RECOMMENDATION: City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00) and mutual benefits received. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution 2. Map Page 145 of 269 R E S O L U T I O N 2023-247 WHEREAS, a public utility easement is required by the City of Grand Island from Wish Nebraska 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 26, 2023, for the purpose of discussing the proposed acquisition of a permanent and perpetual easement and right-of-way tract located through a part of Lot Two (2) Concept Fourth Subdivision, in the City of Grand Island, Hall County, Nebraska, the boundary of the utility easement and right-of-way tract being more particularly described as follows: Commencing at the Northeast corner of Lot Two (2), Concept Fourth Subdivision, in the City of Grand Island, Hall County, Nebraska; thence westerly, along the northerly line of said Lot Two (2), on an assumed bearing of S50°31’02”W, a distance of one hundred eleven and eighty-one hundredths (111.81) feet to the ACTUAL Point of Beginning; thence continuing along the northerly line of said Lot Two (2), on a bearing of S50°31’02”W, a distance of twenty and fifty-nine hundredths (20.59) feet; thence S25°44’49”E, a distance of one hundred twenty- seven and eighty-four hundredths (127.84) feet; thence S28°15’17”W, a distance of two hundred eighty-seven and seventy-eight hundredths (287.78) feet; thence S61°44’43”W, a distance of ten (10.0) feet; thence S28°15’17”E, a distance of seventy-five (75.0) feet; thence N61°44’43”E, a distance of thirty (30.0) feet; thence N28°15’17”, a distance of three hundred sixty-two and thirty-four hundredths (362.34) feet; thence N25°44’49”W, a distance of one hundred thirty-two and twenty-nine hundredths (132.29) feet to a point on the northerly line of said Lot Two (2), being the said Point of Beginning. The above-described easement and right-of-way containing a total of .24 acres, more or less as shown on the plat dated 6/23/2023, 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 Wish Nebraska, on and over the tract of land described herein and as depicted on Exhibit A hereto. BE IT FURTHER RESOLVED that the Mayor and designee are hereby authorized to execute all documents necessary to effect the purpose of this Resolution. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2023. _________________________ Roger G. Steele, Mayor Attest: _______________________________ Jill Granere, Deputy City Clerk Page 146 of 269 Page 147 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 9.d. Subject: Public Hearing on Proposed Blighted and Substandard Area 38 for Approximately 35.8 Acres Located in Central Grand Island Between Webb Road and U.S. Highway 281 south of Faidley Avenue. (Perkins Properties) #2023-248 - Approving Proposed Blighted and Substandard Area 38 for Approximately 35.8 Acres Located Between Webb Road and U.S. Highway 281 south of Faidley Avenue. (Perkins Properties) Staff Contact: Chad Nabity BACKGROUND: Perkins Properties commissioned a Blight and Substandard Study for Proposed Redevelopment Area No. 38. This study is approximately 35.8 acres of property south of Faidley Avenue between Webb Road and U.S. Highway 281. (Study Area). On August 8, 2023 Council referred the attached study to the Planning Commission for its review and recommendation. The study as prepared and submitted indicates that this property could be considered blighted and substandard. The full study is attached for your review and consideration. The decision on whether to declare an area substandard and blighted is entirely within the jurisdiction of the City Council. DISCUSSION: A general memo of the process and statutory authority to declare an area blighted and substandard is attached. A flow chart of the blight declaration process is shown in Figure 1. At this time, Council is only concerned with determining if the property is blighted and substandard. Figure 2 in the memo is an overview of the differences between the blight and substandard declaration and the redevelopment plan. If a declaration as blighted and substandard is made by Council then the Community Redevelopment Authority (CRA) can consider appropriate redevelopment plans. The redevelopment plans must Page 148 of 269 also be reviewed by the Planning Commission and approved by Council prior to final approval. The City of Grand Island, as a City of the First Class, is permitted to designate up to 35% of the municipal limits as blighted and substandard. As of July 31, 2023, 25.24% of the City has been declared blighted and substandard. Area 38 would add 35.8 acres to the total of blighted and substandard property and would, if approved, add 0.18% to the total area declared blighted and substandard bringing the total to 25.43%. This is further modified, as allowed by statute, by reducing the total by the amount that is also declared extremely blighted; 1199.09 acres or 6.15%. The net blighted and substandard area in Grand Island is 19.28%, well below the 35% maximum. FISCAL IMPACT: There is no fiscal impact at this time. If and when an application for Tax Increment Financing is approved this will defer property taxes on the improvements Page 149 of 269 to the property for a period of 15 years for all entities, including the City, that receive property taxes. The additional taxes will be used to support the development of this property. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue RECOMMENDATION: The Regional Planning Commission held a public hearing and took action on the blight and substandard study proposed Area 38 during its meeting on September 6, 2023. O’Neill opened the public hearing. Nabity stated proposed CRA Area 38 includes Abundant Life Church on Faidley and Webb Road. The study as prepared and submitted does indicate the property could be considered substandard and blighted. The Planning Commission Recommendation must be forwarded to the City Council. Nabity also stated a list of recommend questions were included in the packet for Planning Commission as a starting point in the analysis. Keith Marvin – Marvin Planning Consultants – David City, NE – Went over the Blight and Substandard Study and was available for questions. O’Neill closed the public hearing. A motion was made by Randone and second by Goplin to approve CRA Area 38 and Resolution 2023-15. The motion carried with six members voting in favor (Ruge Robb, Monter, Rainforth, Goplin, and Randone) and one member voting no (O’Neill) no members abstaining (Allan, Nelson, Doane, Stevenson, and Hendricksen were absent). SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. General Blight Study Memo 2. Blight Study Area 38 3. Resolution 2023-15 4. Resolution Page 150 of 269 Council Agenda Memo From:Regional Planning Commission Meeting:June 13, 2023 Subject:General Blight and Substandard Declaration Memo Presenter(s):Chad Nabity, AICP Background This memo describes the general process and considerations for declaring any area of the City blighted and substandard. The decision on whether to declare an area substandard and blighted is entirely within the jurisdiction of the City Council. Discussion The Statutory authority and direction to the Planning Commission is referenced below to explain the Planning Commission purpose in reviewing the study: 18-2109. Redevelopment plan; preparation; requirements; planning commission or board; public hearing; notice; governing body; public hearing; notice. (1) An authority shall not prepare a redevelopment plan for a redevelopment project area unless the governing body of the city in which such area is located has, by resolution adopted after the public hearings required under this section, declared such area to be a substandard and blighted area in need of redevelopment. (2) Prior to making such declaration, the governing body of the city shall conduct or cause to be conducted a study or an analysis on whether the area is substandard and blighted and shall submit the question of whether such area is substandard and blighted to the planning commission or board of the city for its review and recommendation. The planning commission or board shall hold a public hearing on the question after giving notice of the hearing as provided in section 18-2115.01. Such notice shall include a map of sufficient size to show the area to be declared substandard and blighted or information on where to find such map and shall provide information on where to find copies of the substandard and blighted study or analysis conducted pursuant to this subsection. The planning commission or board shall submit its written recommendations to the governing body of the city within thirty days after the public hearing. Page 151 of 269 (3) Upon receipt of the recommendations of the planning commission or board, or if no recommendations are received within thirty days after the public hearing required under subsection (2) of this section, the governing body shall hold a public hearing on the question of whether the area is substandard and blighted after giving notice of the hearing as provided in section 18-2115.01. Such notice shall include a map of sufficient size to show the area to be declared substandard and blighted or information on where to find such map and shall provide information on where to find copies of the substandard and blighted study or analysis conducted pursuant to subsection (2) of this section. At the public hearing, all interested parties shall be afforded a reasonable opportunity to express their views respecting the proposed declaration. After such hearing, the governing body of the city may make its declaration. (4) Copies of each substandard and blighted study or analysis conducted pursuant to subsection (2) of this section shall be posted on the city’s public web site or made available for public inspection at a location designated by the city. ~Reissue Revised Statutes of Nebraska 7-19-18 A flow chart of the blight declaration process is shown in Figure 1. Page 152 of 269 Figure 1 Blight Declaration Process (Planning Commission Recommendation is the second purple box). Study Commissioned by CRA Study Commissioned by Other Agency Study Presented to CRA Study Presented to Council May Be Forwarded to RPC Study Sent to RPC for Review and Recommendation Council Chooses not to Forward Study to RPC No Declaration Made RPC Reviews Study and Makes Recommendation within 30 Days Council Considers Substandard and Blighted Declaration Council Chooses not to Make Substandard and Blighted Declaration. No Redevelopment Plans May be Considered Council Declares Area Substandard and Blighted. Redevelopment Plans May be Considered by the CRA Process for Declaring an area of the City Substandard and Blighted Page 153 of 269 Figure 2 Blight and Substandard Declaration compared to a Redevelopment Plan Substandard and Blighted Declaration vs. Redevelopment Plan Substandard and Blighted Declaration A Study of the Existing Conditions of the Property in Question Does the property meet one or more Statutory Conditions of Blight? Does the Property meet one or more Statutory Conditions of Substandard Property? Is the declaration in the best interest of the City? Redevelopment Plan What kinds of activities and improvements are necessary to alleviate the conditions that make the property blighted and substandard? How should those activities and improvements be paid for? Will those activities and improvements further the implementation of the general plan for the City? Page 154 of 269 It is appropriate for the Council in conducting its review and considering its decision regarding the substandard and blighted designation to: 1. Review the study, 2. Take testimony from interested parties, 3. Review the recommendation and findings of fact identified by the Planning Commission (Planning Commission did not identify any findings with their motion so none are available.) 4. make findings of fact, and 5. Include those findings of fact as part of its motion to approve or deny the request to declare this area blighted and substandard. Council can make any findings they choose regarding the study and the information presented during the public hearing to support the decision of the Council members regarding this matter. Blighted and Substandard Defined The terms blighted and substandard have very specific meanings within the context of the Community Redevelopment Statutes. Those terms as defined by Statute are included below: Section 18-2103 Terms, defined. For purposes of the Community Development Law, unless the context otherwise requires: (3) Blighted area means an area (a) which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not designate an area larger than one hundred percent of the village as blighted. A redevelopment Page 155 of 269 project involving a formerly used defense site as authorized under section 18-2123.01 shall not count towards the percentage limitations contained in this subdivision; (31) Substandard area means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; and ~Reissue Revised Statutes of Nebraska 7-19-18 Recommendation Staff recommends considering the following questions as a starting point in the analysis of this Study and in making a determination. The City Council is ultimately responsible for answering the question of whether the property included in the study is blighted and substandard and whether making such a designation is in the best interest of the City. Recommended Questions for City Council •Does this property meet the statutory requirements to be considered blighted and substandard? (See the prior statutory references.) •Are the blighted and substandard factors distributed throughout the Redevelopment Area, so basically good areas are not arbitrarily found to be substandard and blighted simply because of proximity to areas which are substandard and blighted? Is development of adjacent property necessary to eliminate blighted and substandard conditions in the area? •Is public intervention appropriate and/or necessary for the redevelopment of the area? •Will a blight declaration increase the likelihood of development/redevelopment in the near future and is that in the best interest of the City? •What is the policy of the City toward increasing development and redevelopment in this area of the City? Findings of fact must be based on the study and testimony presented including all written material and staff reports. The recommendation must be based on the declaration, not based on any proposed uses of the site. All of the testimony, a copy of the study and this memo along with any other information presented at the hearing should be entered into the record of the hearing. Page 156 of 269 City of Grand Island, NE Blight and Substandard Study Area #38 May 2023 Page 157 of 269 Blight and Substandard Study City of Grand Island, Nebraska • May 2023 Page 1 PURPOSE OF THE BLIGHT AND SUBSTANDARD STUDY The purpose of completing this Blight and Substandard study is to examine existing conditions within a specific part of Grand Island. This study has been commissioned by Perkins Properties in order to analyze the possibility of declaring the area blighted and substandard. The City of Grand Island, when considering conditions of Blight and Substandard, will be looking at those issues and definitions provided for in the Nebraska Community Redevelopment Law as found in Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows: “The governing body of a city, to the greatest extent it deems to be feasible in carrying out the provisions of the Community Development Law, shall afford maximum opportunity, consistent with the sound needs of the city as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprises. The governing body of a city shall give consideration to this objective in exercising its powers under the Community Development Law, including the formulation of a workable program, the approval of community redevelopment plans consistent with the general plan for the development of the city, the exercise of its zoning powers, the enforcement of other laws, codes, and regulations, relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the providing of necessary public improvements.” The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body for formulation of a workable program; disaster assistance; effect. The statute reads, “The governing body of a city or an authority at its direction for the purposes of the Community Development Law may formulate for the entire municipality a workable program for utilizing appropriate private and public resources to eliminate or prevent the development or spread of urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of substandard and blighted areas, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of substandard and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds, and other public improvements by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of substandard and blighted areas or portions thereof.” “Notwithstanding any other provisions of the Community Development Law, where the local governing body certifies that an area is in need of redevelopment or rehabilitation as a result of flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the Governor of the state has certified the need for disaster assistance under federal law, the local governing body may approve a redevelopment plan and a redevelopment project with respect to such area without regard to the provisions of the Community Development Law requiring a general plan for the municipality and notice and public hearing or findings other than herein set forth.” Based on the Nebraska Revised Statutes §18-2103 the following definitions shall apply: “Blighted area means an area (a) which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions of title, improper subdivision or obsolete platting, or the existence of conditions which endanger life or Page 158 of 269 Blight and Substandard Study City of Grand Island, Nebraska • May 2023 Page 2 property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use and (b) in which there is at least one of the following conditions: (i) Unemployment in the designated area is at least one hundred twenty percent of the state or national average; (ii) the average age of the residential or commercial units in the area is at least forty years; (iii) more than half of the plotted and subdivided property in an area is unimproved land that has been within the city for forty years and has remained unimproved during that time; (iv) the per capita income of the area is lower than the average per capita income of the city or village in which the area is designated; or (v) the area has had either stable or decreasing population based on the last two decennial censuses. In no event shall a city of the metropolitan, primary, or first class designate more than thirty-five percent of the city as blighted, a city of the second class shall not designate an area larger than fifty percent of the city as blighted, and a village shall not designate an area larger than one hundred percent of the village as blighted. A redevelopment project involving a formerly used defense site as authorized under section 18-2123.01 shall not count towards the percentage limitations contained in this subdivision;” “Extremely blighted area means a substandard and blighted area in which: (a) The average rate of unemployment in the area during the period covered by the most recent federal decennial census is at least two hundred percent of the average rate of unemployment in the state during the same period; and (b) the average poverty rate in the area exceeds twenty percent for the total federal census tract or tracts or federal census block group or block groups in the area;” “Substandard area means an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare; and” “Workforce housing means: (a) Housing that meets the needs of today's working families; (b) Housing that is attractive to new residents considering relocation to a rural community; (c) Owner-occupied housing units that cost not more than two hundred seventy-five thousand dollars to construct or rental housing units that cost not more than two hundred thousand dollars per unit to construct. For purposes of this subdivision (c), housing unit costs shall be updated annually by the Department of Economic Development based upon the most recent increase or decrease in the Producer Price Index for all commodities, published by the United States Department of Labor, Bureau of Labor Statistics; (d) Owner-occupied and rental housing units for which the cost to substantially rehabilitate exceeds fifty percent of a unit's assessed value; and (e) Upper-story housing.” This Blight and Substandard Study is being considered a blighted and substandard area under the definition established by the City of Grand Island. The Study is intended to give the Grand Island Community Redevelopment Authority, Hall County Regional Planning Commission and Grand Island City Council the basis for identifying and declaring Blighted and Substandard conditions existing within the City’s jurisdiction and as allowed under Chapter 18. Through this process, the City and property owners will be attempting to address economic and/or social liabilities which are harmful to the well-being of the entire community. Page 159 of 269 Blight and Substandard Study City of Grand Island, Nebraska • May 2023 Page 3 The study area can be seen in Figure 1 of this report. A Redevelopment Plan to be submitted in the future containing, in accordance with the law, definite local objectives regarding appropriate land uses, improved traffic, public transportation, public utilities and other public improvements, and the proposed land uses and building requirements in the redevelopment area and shall include: • The boundaries defining the blighted and substandard areas in question (including existing uses and conditions of the property within the area), and • A list of the conditions present, which qualify the area as blighted and substandard. BLIGHT AND SUBSTANDARD ELIGIBILITY STUDY This study targets a specific area within an established part of the community for evaluation. The area is indicated in Figure 1 of this report. The existing uses in this area include residential uses including accessory uses, religious uses, recreational use, and commercial uses within the corporate limits of Grand Island. Through the redevelopment process the City of Grand Island can guide future development and redevelopment throughout the area. The use of the Community Redevelopment Act by the City of Grand Island is intended to redevelop and improve the area. Using the Community Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions and implement different programs/projects identified for the City. The following is the description of the designated area within Grand Island. Point of beginning is the intersection of the centerlines of US Highway 281 N and Faidley Avenue; thence easterly along the centerline of Faidley Avenue to the intersection of the centerline of Weis Drive; thence, southerly along the centerline of Weis Drive to the south right-of-way (ROW) line of Weis Drive; thence, easterly along the south ROW of Weis Drive and continuing along the south property line of a lot referred to as Weis Acres Subdivision Lot 1 and continuing to the intersection with west property line of a lot referred to as Miscellaneous Tracts 13-11-10 PT NE ¼ SE ¼ (606 N Webb Road); thence, southerly along said west property line to the southwest corner of said lot; thence, easterly along the south property line of said lot and extended to the centerline of Webb Road N; thence, southerly along said centerline to the intersection with the extended south property line of a lot referred to as Miscellaneous Tracts 13-11-10 PT NE ¼ SE ¼ (418 N. Webb Road); thence, westerly along said extended property line and extending to the intersection with the centerline of US Highway 281; thence, northerly along said centerline to the point of beginning. Study Area Figure 1: Study Area Map Source: Hall County GIS and Marvin Planning Consultants 2023 Page 160 of 269 Blight and Substandard Study City of Grand Island, Nebraska • May 2023 Page 4 EEXXIISSTTIINNGG LLAANNDD UUSSEESS The term “Land Use” refers to the developed uses in place within a building or on a specific parcel of land. The number and type of uses are constantly changing within a community and produce a number of impacts either benefitting or detracting from the community. Existing patterns of land use are often fixed in older communities and neighborhoods, while development in newer areas is often reflective of current development practices. Existing Land Use Analysis within Study Area As part of the planning process, a survey was conducted through both in-field observations, as well as data collection online using the Hall County Assessors website. This survey noted the use of each parcel of land within the study area. These data from the survey are analyzed in the following paragraphs. TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2023 Type of Use Acres Percent of Developed land within the Study Area Percent of Study Area Residential 1.7 5.8% 4.8% Single-family 1.7 5.8% 4.8% Multi-family 0 0.0% 0.0% Manufactured Housing 0 0.0% 0.0% Commercial 1.7 5.8% 4.8% Industrial 0 0.0% 0.0% Quasi-Public/Public 6.7 22.7% 18.6% Parks/Recreation 15.0 50.8% 41.9% Transportation 4.4 14.9% 12.3% Total Developed Land 29.5 100.0% 82.4% Vacant/Agriculture 6.3 17.6% Total Area 35.8 100.0% Source: Marvin Planning Consultants 2023 Figure 2 Existing Land Use Map Source: Hall County GIS and Marvin Planning Consultants 2023 Note: Lines and Aerial may not match. Table 1 includes the existing land uses for the entire study area. The table contains the total acres determined per land use from the survey; next is the percentage of those areas compared to the total developed land; and finally, the third set of data compares all land uses Page 161 of 269 Blight and Substandard Study City of Grand Island, Nebraska • May 2023 Page 5 to the total area within the Study Area. The Study Area is made up of single-family (4.8%), commercial (4.8%), Quasi-Public (Church) and Public (18.6%), Parks and Recreation (41.9%), Transportation oriented land (street and R.O.W) (12.3%). However, there is a total of 6.3 acres (17.6%) of the study area is considered vacant or agricultural ground. FFIINNDDIINNGGSS OOFF BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD CCOONNDDIITTIIOONNSS EELLIIGGIIBBIILLIITTYY SSTTUUDDYY This section of the study examines the conditions found in the study area. The Findings Section will review the conditions based upon the statutory definitions. CONTRIBUTING FACTORS There were a number of conditions examined and evaluated in the field and online. There are a number of conditions that will be reviewed in detail, on the following pages, while some of the statutory conditions are not present. Please note any condition considered to be average or worse will be considered a contributing factor to declaring the study area as substandard and blighted. Sidewalks Sidewalks are critical to moving pedestrians from one place to the next within a community, this area is no exception. The distance take-offs are approximate since they were measured using the City/County’s GIS ariels and measuring tool. Sidewalk along the perimeter of the study area in locations where sidewalk is or should be present, the total possible quantity is 3,630 feet. Therefore, these sidewalks were graded upon either Very Good, Good, Average, Fair, Poor, or missing. The following is the breakdown of the area: • 0 feet (0.0%) of Very Good sidewalk • 830 feet (22.9%) of Good sidewalk • 580 feet (16.0%) of Average sidewalk • 0 feet (0.0%) of Fair sidewalk • 0 feet (0.0%) of Poor sidewalk • 2,220 feet (61.1%) of Missing sidewalk Figure 3 Sidewalk Condition Map Source: Hall County GIS and Marvin Planning Consultants 2023 Note: Lines and Aerial may not match. Considering 77.1% of the sidewalk locations consist of either average or missing sidewalk, sidewalks are a contributing factor in declaring this area as substandard and blighted. Page 162 of 269 Blight and Substandard Study City of Grand Island, Nebraska • May 2023 Page 6 Deterioration of Site or Other Improvements Site Improvements Conditions The properties within the study area were accessed via the public street system and the individual parking lots when possible. The only critical areas in need of site improvements within this study area are on individual properties. Based upon review of images of the study area below, there are several private parking areas within the study area. However, the east parking lot of the church as well as the overflow parking area south and east of the church are in need to be updated. The former parking lot is asphalt and based upon the photos below, it is in a deteriorating condition and may only become worse with time. The overflow parking lot is dirt and gravel and appears to be scoured earth. In addition to the condition of the parking areas, the bottom right photo above shows the access point for the secondary entrance/exit to the parking area, see Figure 4 below. Figure 4 Site Condition Map Source: Hall County GIS and Marvin Planning Consultants 2023 Note: Lines and Aerial may not match. Legend: Secondary access route Deteriorating Cell Tower Deteriorating overflow parking Deteriorating east parking lot Page 163 of 269 Blight and Substandard Study City of Grand Island, Nebraska • May 2023 Page 7 Based upon the field analysis, there are sufficient elements present to meet the definition of deterioration of site and other improvements in the Study Area. Faulty Lot Layout This 40 acre area appears to have been chopped up without considerable attention to how the complete area would develop over time. It appears lots have been divided out in order to meet the immediate needs of those wanting to build. One item that stands out is the narrow sliver of land on the northwest corner of the overall parcel. At first appearance it seems to be part of the US Highway 281 right-of-way but is attached to the larger undeveloped parcel. Figure 5 indicates odd lot line configurations of the developed parcels. In addition, the current layout with existing and potential street locations will make this area difficult to develop in the future. Figure 5 Faulty Lot Layout Source: Hall County GIS and Marvin Planning Consultants 2023 Note: Lines and Aerial may not match. Based upon the field analysis, there are sufficient elements present to meet the definition of faulty lot layout in the Study Area. Therefore, it is a contributing factor. Combination of factors which are impairing and/or arresting sound growth. Criteria under this category can be any number of factors. In the case of this study area, there are at least six factors identified. The following is a ling of these factors: 1. The study area has a public detention cell in the north portion of the area. In Grand Island these cells are critical to draining the ground due to a lack of slope; however, it does not exempt them from being a factor. 2. There is another detention cell on the south edge of the study area, immediately outside the study area, but it is also a factor impairing sound growth. 3. The access from Web Road to the area is insufficient to carry adequate traffic in the future if this area is developed. This entrance will obviously need to be redeveloped if the area develops further. However, since it is being used as a secondary access point (appears to be) to the church’s parking lots, it should have been updated already. 4. Access from North Front Street is currently inadequate for accessing the study area if developed further. 5. The older cell tower appears to be in a neglected state and in need of removal. The tower sits on a reasonable size lot for a development but with this deteriorating tower it is impairing growth. Page 164 of 269 Blight and Substandard Study City of Grand Island, Nebraska • May 2023 Page 8 6. US Highway 281 and its access management creates a barrier to sound growth unless there is adequate access developed from other directions. Figure 6 Factors Impairing and/or Arresting Sound Growth Source: Hall County GIS and Marvin Planning Consultants 2023 Note: Lines and Aerial may not match. Based upon the field analysis, there are sufficient elements present to meet the definition of Combination of factors which are impairing and/or arresting sound growth in the Study Area. Therefore, it is a contributing factor. Stable or decreasing population based upon the last two decennial censuses. The study area is assumed to have a stable or decreasing population over the past two decennial censuses based upon the continued conversion of the area from residential structures to commercial. Based upon the city aerials, in 2010 there was one additional home located at the southeast corner of the study area which has since been replaced with commercial uses. Looking even further back at the older aerials, this has been a trend for this 40-acre area for several decades. Additionally, the population trends are toward smaller household sizes. This linked to fewer residential structures/uses would support the stable or decreasing population concept. Based upon the field analysis, there are sufficient elements present to meet the definition of Stable or decreasing population based upon the last two decennial censuses in the Study Area. Therefore, it is a contributing factor. Insanitary and Unsafe Conditions There are three primary factors contributing to the Insanitary and Unsafe Conditions of the study area. The following is an outline of those issues: 1. Even though detention cells are a necessity in Grand Island, they can be considered a potential safety issue due to the fact they are designed to hold stormwater. They can be a hazard for individuals unable to swim and they have the potential to be breeding grounds for mosquitoes (which can carry blood borne diseases). There is one detention cell within the study area and one just outside the study area to the south. 2. The use of the old dirt “road” which accesses Webb Road as a secondary point of entry to the east parking area of the church is an unsafe condition. The road has not been designed Legend: Detention cells Deteriorating Cell Tower Poor Webb Rd access Controlled access from US 281 Page 165 of 269 Blight and Substandard Study City of Grand Island, Nebraska • May 2023 Page 9 for the carrying capacity which may use this access. In addition, it is too narrow to accommodate passing vehicles. 3. Finally, after reviewing the “hillshade” mode of the GIS system, the primary area where the ballfields are located sits in a bowl. This bowl can be a collecting point for stormwater and standing water, thus creating more potential mosquito issues. Based upon the field analysis, there are sufficient elements present to meet the definition of Insanitary and Unsafe Conditions in the Study Area. Therefore, it is a contributing factor. Dangerous conditions to life or property due to fire or other causes There are two primary factors contributing to the Insanitary and Unsafe Conditions of the study area. The following is an outline of those issues: 1. Even though detention cells are a necessity in Grand Island, they can be considered a potential safety issue due to the fact they are designed to hold stormwater. They can be a hazard for individuals unable to swim and they have the potential to be breeding grounds for mosquitoes (which can carry blood borne diseases). There is one detention cell within the study area and one just outside the study area to the south. 2. The use of the old dirt “road” which accesses Webb Road as a secondary point of entry to the east parking area of the church is an unsafe condition. The road has not been designed for the carrying capacity which may use this access. In addition, it is too narrow to Based upon the field analysis, there are sufficient elements present to meet the definition of Dangerous conditions to life or property due to fire or other causes in the Study Area. Therefore, it is a contributing factor. Age of Structure Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of structures 40 years of age or older to be a contributing factor regardless of their condition. The following paragraphs document the structural age of the structures within the Study Area. Note the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. TABLE 2: AVERAGE STRUCTURAL AGE, BY METHOD - 2023 Number of Structures Construction date Age Cumulative Age 1 1916 107 107 1 1916 107 214 1 1948 75 289 1 1956 67 356 1 1980 43 399 1 1980 43 442 1 2014 9 451 Total Cummulative 7 451 Average Age 64.4 Source: Hall County Assessor’s and Marvin Planning Consultants 2023 Within the study area there are seven primary structures. After researching the structural age on the Hall County Assessor’s and Treasurer’s websites the six of the seven structures are over 40 years of age. When examining the age based upon a cumulative approach, as in Table 2, the average age of the primary structures is equal to 64.4 years; thus, meeting the requirements of the statutes. The age of the structures would be a direct contributing factor. Page 166 of 269 Blight and Substandard Study City of Grand Island, Nebraska • May 2023 Page 10 Blighting Summary These conditions are contributing to the blighted conditions of the study area. Criteria under Part A of the Blight Definition • Deterioration of site or other improvements o The east parking lot of the church as well as the overflow parking area south and east of the church are in need to be updated. o The former parking lot is asphalt and is in a deteriorating condition and may only become worse with time. o The overflow parking lot is dirt and gravel and appears to be scoured earth. • Faulty Lot Layout o The 40-acre area appears to have been chopped up without considerable attention to how the complete area would develop over time. o It appears lots have been divided out in order to meet the immediate needs of those wanting to build. o Narrow sliver of land on the northwest corner of the overall parcel. o The current layout with existing and potential street locations will make this area difficult to develop in the future. • Combination of factors which are impairing and/or arresting sound growth o The study area has a public detention cell in the north portion of the area. o There is another detention cell on the south edge of the study area, immediately outside the study area, but it is also a factor impairing sound growth. o Access from Web Road to the area is insufficient to carry adequate traffic in the future if this area is developed. o Access from North Front Street is currently inadequate for accessing the study area if developed further. o The older cell tower appears to be in a neglected state and in need of removal. o US Highway 281 and its access management creates a barrier to sound growth. • Stable or decreasing population based upon the last two decennial censuses o The study area is assumed to have a stable or decreasing population over the past two decennial censuses based upon the continued conversion of the area from residential structures to commercial. o Based upon the city aerials, in 2010 there was one additional home located at the southeast corner of the study area which has since been replaced with commercial uses. o Population trends are toward smaller household sizes. This linked to fewer residential structures/uses would support the stable or decreasing population concept. • Insanitary and Unsafe Conditions o Detention cells are a necessity in Grand Island, they can be considered a potential safety issue due to the fact they are designed to hold stormwater. o Detention cells can be a hazard for individuals unable to swim and they have the potential to be breeding grounds for mosquitoes (which can carry blood borne diseases). o The old dirt “road” which accesses Webb Road. o The primary area where the ballfields are located sits in a bowl and can be a collecting point for stormwater and standing water, thus creating more potential mosquito issues. • Dangerous conditions to life or property due to fire or other causes o Detention cells are a necessity in Grand Island, they can be considered a potential safety issue due to the fact they are designed to hold stormwater. o Detention cells can be a hazard for individuals unable to swim and they have the potential to be breeding grounds for mosquitoes (which can carry blood borne diseases). o The old dirt “road” which accesses Webb Road. Page 167 of 269 Blight and Substandard Study City of Grand Island, Nebraska • May 2023 Page 11 Criteria under Part B of the Blight Definition • The average age of the residential or commercial units in the area is at least forty years o The average age based upon a cumulative age calculation is 64.4 years. The other criteria for Blight were not present in the area, these included: • Diversity of Ownership • Improper Subdivision or Obsolete Platting • Defective/Inadequate street layouts • Tax or special assessment delinquency exceeding fair value of the land. • Defective or unusual condition of title, • Unemployment in the designated area is at least 120% of the state or national average. • The per capita income of the area is lower than the average per capita income of the city or village in which the area is designated. These issues were either not present or were limited enough as to have little impact on the overall condition of the study area. Page 168 of 269 Blight and Substandard Study City of Grand Island, Nebraska • May 2023 Page 12 Substandard Conditions Average age of the residential/commercial units in the area is at least 40 years Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes allow for a predominance of structures 40 years of age or older to be a contributing factor regardless of their condition. The following paragraphs document the structural age of the structures within the Study Area. Note the age of structure was determined from the Appraisal data within the Hall County Assessor’s website data. TABLE 3: AVERAGE STRUCTURAL AGE, BY METHOD - 2023 Number of Structures Construction date Age Cumulative Age 1 1916 107 107 1 1916 107 214 1 1948 75 289 1 1956 67 356 1 1980 43 399 1 1980 43 442 1 2014 9 451 Total Cummulative 7 451 Average Age 64.4 Source: Hall County Assessor’s and Marvin Planning Consultants 2023 Within the study area there are seven primary structures. After researching the structural age on the Hall County Assessor’s and Treasurer’s websites the six of the seven structures are over 40 years of age. When examining the age based upon a cumulative approach, as in Table 2, the average age of the primary structures is equal to 64.4 years; thus, meeting the requirements of the statutes. The age of the structures would be a direct contributing factor. Dangerous conditions to life or property due to fire or other causes There are two primary factors contributing to the Insanitary and Unsafe Conditions of the study area. The following is an outline of those issues: 1. Even though detention cells are a necessity in Grand Island, they can be considered a potential safety issue due to the fact they are designed to hold stormwater. They can be a hazard for individuals unable to swim and they have the potential to be breeding grounds for mosquitoes (which can carry blood borne diseases). There is one detention cell within the study area and one just outside the study area to the south. 2. The use of the old dirt “road” which accesses Webb Road as a secondary point of entry to the east parking area of the church is an unsafe condition. The road has not been designed for the carrying capacity which may use this access. In addition, it is too narrow to Based upon the field analysis, there are sufficient elements present to meet the definition of Dangerous conditions to life or property due to fire or other causes in the Study Area. Therefore, it is a contributing factor. Substandard Summary Nebraska State Statute requires that “…an area in which there is a predominance of buildings or improvements, whether nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or welfare;” This Study Area in Grand Island meets the defintion of Substandard as defined in the Revised Nebraska State Statutes. Page 169 of 269 Blight and Substandard Study City of Grand Island, Nebraska • May 2023 Page 13 FINDINGS FOR GRAND ISLAND BLIGHT STUDY AREA #38 Blight Study Area #37 has several items contributing to the Blight and Substandard Conditions. These conditions include: Blighted Conditions under Part A • Deterioration of site or other improvements • Faulty Lot Layout • Combination of factors which are impairing and/or arresting sound growth • Stable or decreasing population based upon the last two decennial censuses • Insanitary and Unsafe Conditions • Dangerous conditions to life or property due to fire or other causes Criteria under Part B of the Blight Definition • The average age of the residential or commercial units in the area is at least forty years. Substandard Conditions • The average age of the structures in the area is at least forty years. • Dangerous conditions to life or property due to fire or other causes Page 170 of 269 Page 171 of 269 R E S O L U T I O N 2023-248 WHEREAS, on June 27, 1994, the City of Grand Island enacted Ordinance No. 8021 creating the Community Redevelopment Authority of the City of Grand Island, Nebraska, to address the need for economic development opportunities through the vehicles provided in the Nebraska Community Development law at Neb. Rev. Stat. §18-2101, et seq., as amended; and WHEREAS, Perkins Properties LLC has caused to be prepared a Blight and Substandard Study for an area of referred to as Area No. 38; and WHEREAS, Marvin Planning Associates completed such Blight and Substandard Study and has determined that the area should be declared as substandard or blighted area in need of redevelopment; and WHEREAS, such study was presented to the Grand Island City Council on August 8, 2023, and WHEREAS, on August 8, 2023, the Grand Island City Council referred such study to the Hall County Regional Planning Commission for review and recommendation; and WHEREAS, the Regional Planning Commission held a public hearing and made a recommendation regarding the study at its September 6, 2023 meeting; and WHEREAS, a public hearing to consider approval of a Blighted and Substandard designation was held on September 26, 2023; and WHEREAS, the Grand Island City Council finds that the property identified in the study meets the statutory qualifications to be declared Blighted and Substandard and that such designation would encourage development and redevelopment of this property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Blight and Substandard Study for Redevelopment Area No. 38 as identified above is hereby approved, and those areas identified in said study are declared to be blighted and substandard and in need of redevelopment as contemplated in the Community Development law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 172 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 9.e. Subject: Public Hearing to Consider a Change of Zoning for Property Located south of Old Potash Highway and east of Engleman Road (Part of Outlot A of Copper Creek Estates Eighth Subdivision at 350 Little Bluestem Drive) from R2 Suburban Density Residential to R3-SL Medium Density Small Lot Residential (The Guarantee Group LLC) #9946 - Consideration of Approving Change of Zoning for Property Located south of Old Potash Highway and east of Engleman Road (Part of Outlot A of Copper Creek Estates Eighth Subdivision at 350 Little Bluestem Drive) from R2 Suburban Density Residential to R3-SL Medium Density Small Lot Residential Staff Contact: Chad Nabity BACKGROUND: The Guarantee Group LLC., the owner of Outlot A of Copper Creek 8th Subdivision located between Entleman Road and Little Blue Stem south of Old Potash Highway is requesting that the zoning on property be changed on this property from R2 Low Density Residential to R3-SL Medium Density Small Lot Residential. They are proposing to install storm sewer in place of the existing drainage ditch across the property and developer 10 to 12 town house style apartments. DISCUSSION: At the regular meeting of the Regional Planning Commission, held September 6, 2023 the above item was considered following a public hearing. O’Neill opened the public hearing. Nabity stated the original plan for Outlot A of Copper Creek Estates Eighth Subdivision was to provide storage for the neighborhood. Due to a large ditch in the middle of the property the developer is asking to have the property rezoned to R3-SL Medium Density. The developer is looking to integrate multi-family units within the subdivision. The developer has been working with the Homeowner’s Association and the HOA has given support for this plan. Page 173 of 269 Sean O’Connor – The Copper Creek developer went over the proposed changes and was available for questions. Matt Schultz – 4232 Indian Grass Rd – Mr. Schultz stated he was representing the Cropper Creek Homeowner’s Association phase A. Mr. Schultz stated Mr. O’Connor met with the entire HOA and discussed the proposed rezoning and they support the proposed change. Sarah Hon-4360 Thomas Street – concerns with the traffic that access Engleman Street. Stated that Engleman is usually backed up. Townhomes bringing property value down. O’Neill closed the public hearing. A motion was made by Ruge and second by Robb to approve the rezoning change for the property located south of Old Potash Highway and east of Engleman Road. The motion carried with seven members voting in favor (O’Neill, Ruge Robb, Monter, Rainforth, Goplin, and Randone) and no members abstaining or voting no (Allan, Nelson, Doane, Stevenson, and Hendricksen were absent). The memo sent to the planning commission with staff recommendation is attached for review by Council. FISCAL IMPACT: There is no fiscal impact. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the rezoning request as presented 2. Modify the rezoning request to meet the wishes of the Council 3. Postpone the issue 4. Deny the application RECOMMENDATION: Move to approve as recommended. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Directors Recommendation 2. Zoning Application 3. Ordinance Page 174 of 269 Agenda Item # 4b PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: August 30, 2023 SUBJECT:Zoning Change(C-37-23GI) PROPOSAL:To rezone a tract of land consisting of part of outlot A of Copper Creek 8th Subdivision, Grand Island NE from R2 Low Density Residential Zone to R3 SL Medium Density Small Lot Residential Zone. The proposed site is located north of Little Bluestem Cir. east of Engleman Rd and west of Little Bluestem Dr. OVERVIEW: Site Analysis Current zoning designation:R2: Low Density Residential Zone Permitted and conditional uses: Residential uses with a density of 1 unit per 6,000 square feet of property. Minimum lot size of 6,000 square feet. Churches, schools, parks are permitted in this zoning district Comprehensive Plan Designation: Designated for low to medium density residential uses. Existing land uses:Vacant Proposed Zoning Designation:R3-SL: Medium Density-Small Lot Residential Zone Permitted and conditional uses:R3-SL: Residential uses with a density of 1 unit per 3,000 square feet of property. Minimum lot size of 3,000 square feet. Attached Single Family with a density of 1 unit per 2,100 square feet. Churches, schools, parks and some limited non-profit operations and day care facilities are also allowed as permitted or conditional uses in this district. Adjacent Properties Analysis Current zoning designations:North: TA: Transitional Agricultural Zone East & South: R2: Low Density Residential Zone West: AG-2: Secondary Agricultural Zone Intent of zoning district:R-2: To provide for residential neighborhoods at a maximum density of seven dwelling units per acre with supporting community facilities. TA: for a transition from rural to urban uses, and is generally located on the fringe of the urban area. This zoning district permits both farm and non-farm dwellings at a maximum density of two dwelling units per acre. The intent of the zoning district also would allow the raising of Page 175 of 269 livestock to a limit and within certain density requirements. AG-2: To provide for the preservation of lands best suited for agricultural uses of all types including feed lots and the commercial feeding of livestock to specific limits and accessory uses; to prevent encroachment of uses of land that could be mutually incompatible and continue to provide for agricultural uses as a major asset to the economy of the area of the use and conservation of agricultural land, to protect the value of such land, and to protect it from indiscriminate residential and urban development and other incompatible and conflicting land uses Permitted and conditional uses:R2: Residential uses with a density of 1 unit per 6,000 square feet of property. Minimum lot size of 6,000 square feet. Churches, schools, parks are permitted in this zoning district TA: farm and non-farm dwellings at a maximum density of two dwelling units per acre, churches, schools, and parks. AG-2: Agricultural operation, residential uses such as single family dwellings, ranch and farm dwellings, recreational camps, parks, playgrounds, churches, and schools. Comprehensive Plan Designation:North, South, East: Designated for low to medium density residential West: Agricultural Existing land uses:North & West: Agricultural/ Farmstead South, and East: Single family residential EVALUATION: Positive Implications: •Consistent with the City’s Comprehensive Land Use Plan: The property is designated for low to medium density residential use. •Accessible to Existing Municipal Infrastructure: City water and sewer services have been extended to serve the rezoning area. •Would allow housing on existing lot. The setbacks in the R3-SL zoning district allow houses to be located slightly closer to the street resulting in slightly larger back yards. Negative Implications: •Existing Agricultural Operation to the North The proposed change would allow for additional units of housing immediately adjacent to the existing grain handling operation. Page 176 of 269 Other Considerations: This is a change from the original plan for this property. Changes occur over time with new circumstances. The original plan for this lot was to provide storage for the neighborhood, with the proposed changes the developer is looking to integrate multi-family units within the subdivision. The R3-SL zoning district has less restrictive setbacks and density requirements that and will encourage development of this site. The developer is looking to replat this lot if the zoning is approved. The developer has been working with the Homeowner’s Association and the HOA has given support for this plan. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on this site from R2: Low Density Residential Zone to R3-SL: Medium Density-Small Lot Residential Zone. ___________________ Chad Nabity AICP, Planning Director Page 177 of 269 Page 178 of 269 Attached Document Outlining Request 7/29/23 Page 179 of 269 ORDINANCE NO. 9946 An ordinance rezoning certain tracts of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising a part of Outlot A of Copper Creek Eighth Subdivision in Grand Island, Nebraska located between Little Bluestem Drive and Engelman Road south of Old Potash Highway from R2-Low Density Residential to R3-SL Medium Density Small Lot Residential as more particularly described below, and directing that such zoning changes and classifications be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-44; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on September 6, 2023, held a public hearing and made a recommendation to the Grand Island City Council on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No. 2 in Hall County, Nebraska; and WHEREAS, on September 26, 2023, the City Council held a public hearing on the proposed zoning of such area and all persons who desired to speak were heard and any comments were made a part of the record. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The City Council makes the following findings with regards to the proposed zoning changes: A. The proposed change to the zoning from R2-Low Density Residential to R3-SL Medium Density Small Lot Residential is consistent with the Future Land Use Map of the City of Grand Island. Page 180 of 269 ORDINANCE NO. 9946 (Cont.) - 2 - B. The proposed change to the zoning from R2-Low Density Residential to R3-SL Medium Density Small Lot Residential is consistent with planned and existing uses in the area. SECTION 2. The following tract of land is hereby rezoned and reclassified and changed from R2-Low Density Residential to R3-SL Medium Density Small Lot Residential: ALL OF OUTLOT A OF COPPER CREEK EIGHTH SUBDIVSION EXCEPTING THE 30 FEET LOCATED IMMEDIATELY ADJACENT AND CONTIGOUS WITH AND BETWEEN LOTS THIRTY FOUR (34) AND THIRTY FIVE (35) OF COPPER CREEK EIGHTH SUBDIVISION. SECTION 3. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-44 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 4. That this ordinance shall be in force and take effect from and after the fifteenth day after its passage and publication in one issue of the Grand Island Independent as provided by law. Enacted: September 26, 2023. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ Jill Granere, Deputy City Clerk Page 181 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 10.a. Subject: Request to Approve Mayoral Hiring of Utility Director Staff Contact: Laura McAloon BACKGROUND: In April 2023, long-time Grand Island Utilities Director Tim Luchsinger retired. As a result, the City Council voted to amend the existing contract the City had with Government Professional Solutions (GPS) for the recruitment of the City Administrator and the City Engineer/Public Works Director positions and added the recruitment of Grand Island Utilities Director to the GPS Scope of Work. DISCUSSION: GPS's recruitment efforts resulted in the submittal of a total of fifteen applications for the position of Utilities Director. Of those, six candidates were identified by GPS as semifinalists who were highly qualified for the position. GPS conducted video interviews of the six candidates. Four of those were selected for finalist panel interviews with the Mayor, City Department Directors and the City Council. Councilmembers Michelle Fitzke, Bethany Guzinski, Mark Stelk and Council President Mike Paulick joined the Mayor, City Administrator McAloon, Chief Denney, Assistant City Administrator Brown, Assistant City Attorney Nonhof and Interim City Engineer/Public Works Director Kurz in the finalist interviews on August 7, 2023. Based on those interviews, the consensus choice of the interview panelists for Grand Island Utilities Director is Ryan Schmitz, P.E., one of three highly qualified internal candidates from the Grand Island Utilities Department. Mayor Roger Steele has offered Mr. Ryan Schmitz, P.E. the position of Utilities Director, subject to the City Council's approval of the Mayor's hiring decision pursuant to Grand Island City Code 2-31. Mr. Schmitz will start his employment at Step 4 of the salary scale for the position and, per GICC 2-31, all terms of his employment will be governed by the City's Personnel Policies and Procedures. FISCAL IMPACT: FY 23 costs are within existing budget authority for the position of Utilities Director. FY24 Proposed Budget includes funding at top step for the position, therefore all fiscal impacts are addressed in the proposed budget. Page 182 of 269 ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Move to approve the hiring of Ryan Schmitz as Utilities Director Move to disapprove the hiring of Ryan Schmitz as Utilities Director RECOMMENDATION: Mayor Steele and the Council/Director interview panels all recommend approval of the hiring of Mr. Schmitz as Utilities Director. SAMPLE MOTION: Move to approve the hiring of Ryan Schmitz as Utilities Director. ATTACHMENTS: None Page 183 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 11.a. Subject: #2023-249 - Approving Labor Agreement between the City Of Grand Island and the International Association of Firefighters, Local No. 647 Staff Contact: Aaron Schmid BACKGROUND: Firefighter/EMT, Firefighter/Paramedic, Fire Captain, Battalion Chief and Life Safety Inspector job classifications in the Fire Department currently work under the conditions outlined in the collective bargaining agreement between the City of Grand Island (City) and the International Association of Firefighters (IAFF), Local No. 647. The current labor agreement expires as of midnight September 30, 2023. The City and the IAFF have negotiated a new contract and reached a tentative agreement. DISCUSSION: The proposed labor agreement will begin October 1, 2023 and continue through September 30, 2026. The following is a summary of the changes: Hours of Work The City may implement an alternative work schedule to staff a peak hour ambulance or other special duties. Hours worked will include vacation leave in the calculation of overtime. Mandatory OT Allows volunteers for overtime to move their names to the bottom of the mandatory overtime list. VEBA Clarify Life Safety Inspector personal holiday contribution. Vacations Remove the 5 day vacation rule. Clarify “3rd pick” vacation. 7-10 years of service from 180 hours to 192 hours. 11-15 years of service from 216 hours to 240 hours. Add vacation buy down language. Increase carry over hours from 80 to 108. Page 184 of 269 Medical Leave Minor clarifications to medical leave and bereavement. Define what constitutes retirement for VEBA payout purposes. WC/Light Duty Add language to recoup costs of substitutions during first 14 days of injury. Add ADA language for temporary disability. Retirement Change to a four-year vesting schedule to match the rest of the City. Insurance Move from fixed rate premiums to a percentage cost share. Match language with the rest of the City. Uniforms Increase allowance by $25. Remove quartermaster system. Add reimbursement language when an employee separates employment. Committees Clarify Safety committee meeting locations. Add a Labor/Management committee. Longevity Increase amounts across all tiers to align with the array. Paramedic Pay Add $1.50 per hour for a primary ambulance attendant. Add $1.50 per hour for a dual-role Captain/Engine Paramedic. Wages 2023 - 2024 2024 - 2025 2025 - 2026 CLASS TITLE Min Max Min Max Min Max Firefighter/EMT 7.87 % 6.22 % 7.30 % 5.86 % 6.80 % 5.53 % Firefighter/Parame dic 9.93 % 5.64 % 9.03 % 5.34 % 8.29 % 5.07 % Fire Captain 9.92 % 6.28 % 9.03 % 5.91 % 8.28 % 5.58 % Life Safety Inspector 7.50 % 3.11 % 6.97 % 3.02 % 6.52 % 2.93 % Battalion Chief 6.83 % 8.30 % 6.39 % 7.66 % 8.30 % 7.12 % FISCAL IMPACT: 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 Page 185 of 269 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 International Association of Firefighters, Local No. 647. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. IAFF Contract 2023-2026 2. Resolution Page 186 of 269 and INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 647 October 1, 201923 through September 30, 20236 Page 187 of 269 i TABLE OF CONTENTS PURPOSE AND INTENT OF THE OFFER...........................................................................................................1 ARTICLE I - UNION RECOGNITION ..................................................................................................................1 ARTICLE II - HOURS OF WORK..........................................................................................................................1 A. WORK DAY AND WORK PERIOD..................................................................................................................1 B. CHANGES IN WORK SCHEDULE...................................................................................................................1 C. KELLY DAYS.....................................................................................................................................................2 D. OVERTIME .........................................................................................................................................................2 E. 56-HOUR TO 40-HOUR POSITION..................................................................................................................2 ARTICLE III - OVERTIME PAY............................................................................................................................3 A. OVERTIME PAY ................................................................................................................................................3 ARTICLE IV - HOLIDAYS AND HOLIDAY PAY...............................................................................................4 A. HOLIDAYS..........................................................................................................................................................4 B. ELIGIBILITY FOR HOLIDAY PAY .................................................................................................................5 C. HOLIDAY PAY...................................................................................................................................................5 ARTICLE V - VACATIONS.....................................................................................................................................5 A. ELIGIBILITY ......................................................................................................................................................5 B. AMOUNT AUTHORIZED..................................................................................................................................5 C. VACATION SCHEDULE...................................................................................................................................7 D. VACATION CARRY-OVER..............................................................................................................................7 E. VACATION CREDIT ON SEPARATION.........................................................................................................8 F. SENIORITY FOR VACATION PLANNING.....................................................................................................8 G. VACATION BUY DOWN..................................................................................................................................8 ARTICLE VI - MEDICAL LEAVE.........................................................................................................................9 A. AMOUNT AUTHORIZED..................................................................................................................................9 B. USE OF MEDICAL LEAVE...............................................................................................................................9 C. REPORTS ON CONDITION ..............................................................................................................................9 D. FRAUDULENT USE...........................................................................................................................................9 E. NOTIFICATION..................................................................................................................................................9 F. BEREAVEMENT LEAVE................................................................................................................................10 G. COMPENSATION FOR UNUSED MEDICAL LEAVE AT RETIREMENT.................................................10 H. FAMILY AND MEDICAL LEAVE ACT.........................................................................................................11 ARTICLE VII - MILITARY LEAVE....................................................................................................................11 Page 188 of 269 ii ARTICLE VIII - COURT LEAVE.........................................................................................................................11 A. WHEN AUTHORIZED.....................................................................................................................................11 B. PROCEDURE....................................................................................................................................................11 C. FEES...................................................................................................................................................................11 ARTICLE IX - LEAVE WITHOUT PAY.............................................................................................................12 A. WHEN AUTHORIZED.....................................................................................................................................12 B. CONDITIONS OF USE.....................................................................................................................................12 ARTICLE X - TEMPORARY DISABILITY LEAVE.........................................................................................13 A. WHEN AUTHORIZED.....................................................................................................................................13 B. APPLICATION OF WORKERS’ COMPENSATION .....................................................................................13 C. SUBROGATION ...............................................................................................................................................14 D. LIMITATION OF LEAVE................................................................................................................................14 E. LIGHT DUTY....................................................................................................................................................14 ARTICLE XI - GENERAL PROVISIONS CONCERNING LEAVE................................................................15 A. ABSENT WITHOUT APPROVAL...................................................................................................................15 B. AUTHORIZED LEAVE REQUESTS...............................................................................................................15 ARTICLE XII - PAYROLL DEDUCTION OF UNION DUES..........................................................................15 ARTICLE XIII - POLICIES AND BENEFITS.....................................................................................................16 A. DRUG-FREE WORKPLACE............................................................................................................................16 B. POLITICAL ACTIVITY ...................................................................................................................................17 C. RESIDENCY......................................................................................................................................................17 D. NEPOTISM........................................................................................................................................................17 E. OUTSIDE EMPLOYMENT..............................................................................................................................18 F. TUITION REIMBURSEMENT.........................................................................................................................18 G. BILINGUAL PAY.............................................................................................................................................19 H. ADMINISTRATIVE LEAVE............................................................................................................................19 ARTICLE XIV - PENSION RETIREMENT PLAN ............................................................................................19 ARTICLE XV - RATES OF PAY FOR WORK PERFORMED ........................................................................20 A. SURVEY............................................................................................................................................................20 B. 2023 – 2024 Fiscal Year.....................................................................................................................................20 C. 2024 – 2025 Fiscal Year.....................................................................................................................................20 D. 2025 – 2026 Fiscal Year.....................................................................................................................................20 F. VOLUNTARY EMPLOYEE’S BENEFICIARY ASSOCIATION (VEBA)....................................................21 G. FUTURE INCREASES IN PAY .......................................................................................................................21 H. STEP PAY PLAN..............................................................................................................................................21 Page 189 of 269 iii ARTICLE XVI - EMPLOYEE RELATIONS.......................................................................................................24 A. GENERAL .........................................................................................................................................................24 B. MEMBERSHIP IN UNION...............................................................................................................................24 C. DISCIPLINARY ACTION................................................................................................................................24 D. LABOR/MANAGEMENT COMMITTEE........................................................................................................25 ARTICLE XVII - GRIEVANCE PROCEDURE..................................................................................................25 A. PROCEDURE....................................................................................................................................................25 B. GENERAL CONDITIONS................................................................................................................................26 ARTICLE XVIII - OTHER BENEFITS................................................................................................................26 A. INSURANCE.....................................................................................................................................................26 B. DISCONTINUANCE OF INSURANCE...........................................................................................................27 C. UNION BULLETIN BOARD............................................................................................................................27 D. UNIFORM ALLOWANCE...............................................................................................................................28 E. SAFETY COMMITTEE....................................................................................................................................29 F. OCCUPATIONAL HEALTH: TESTING AND TREATMENT......................................................................29 G. EXCHANGING WORK DAYS........................................................................................................................29 H. INSURANCE COMMITTEE ............................................................................................................................29 I. MILEAGE REIMBURSEMENT.......................................................................................................................30 J. LONG TERM DISABILITY .............................................................................................................................30 K. LONGEVITY.....................................................................................................................................................30 ARTICLE XIX - MANAGEMENT RIGHTS........................................................................................................31 A. COLLECTIVE BARGAINING.........................................................................................................................31 B. RESERVED RIGHTS........................................................................................................................................31 ARTICLE XX - GENERAL PROVISIONS..........................................................................................................31 A. SCOPE OF NEGOTIATIONS...........................................................................................................................31 B. MATTERS NOT SPECIFICALLY MENTIONED...........................................................................................32 C. CHIEF ADMINISTRATIVE OFFICER............................................................................................................32 D. UNION MEETINGS..........................................................................................................................................32 E. UNION CREDENTIALS...................................................................................................................................32 F. UNION SOLICITATION ..................................................................................................................................32 G. DISCRIMINATION...........................................................................................................................................32 H. UNION INTERFERENCE.................................................................................................................................32 I. PHYSICAL FITNESS PROGRAM...................................................................................................................32 J. FIRE CHIEF.......................................................................................................................................................33 ARTICLE XXI - STRIKES AND LOCKOUTS....................................................................................................33 Page 190 of 269 iv A. STRIKES............................................................................................................................................................33 B. LOCKOUTS.......................................................................................................................................................33 ARTICLE XXII - DURATION OF OFFER..........................................................................................................33 A. EXPIRATION....................................................................................................................................................33 B. TERM.................................................................................................................................................................33 C. CIR WAIVER ....................................................................................................................................................34 ARTICLE XXIII - SEVERABILITY.....................................................................................................................34 ARTICLE XXIV - SCOPE OF AGREEMENT ....................................................................................................34 B. INTERPRETATION..........................................................................................................................................34 EXHIBIT A – SALARY TABLE FY 2023 - 2024..................................................................................................36 EXHIBIT B – SALARY TABLE FY 2024 - 2025..................................................................................................38 EXHIBIT C – SALARY TABLE FY 2025 - 2026..................................................................................................40 EXHIBIT A Salary Table FY 201923 - 20204...........................................................................................33 EXHIBIT B Salary Table FY 20204 - 20215..............................................................................................34 EXHIBIT C Salary Table FY 20215 - 20226..............................................................................................35 EXHIBIT D Salary Table FY 2022 - 2023 .................................................................................................36 Page 191 of 269 1 LABOR AGREEMENT THIS AGREEMENT is between the City of Grand Island (hereinafter referred to as the "City"), and Local No. 647, International Association of Fire Fighters, AFL-CIO, CLC (hereinafter referred to as the "Union") and amends and replaces in its entirety any previous contracts or offers between said parties. This agreement shall become effective October 1, 201923 for determining all wage and benefit issues and continue through September 30, 20236. PURPOSE AND INTENT OF THE OFFER The purpose of the City and the Union in entering this labor agreement is to promote harmonious relations between the employer and the Union; to establish an equitable and peaceful procedure for the resolution of differences; and to establish rates of pay, hours of work, and conditions of employment. ARTICLE I - UNION RECOGNITION The City recognizes the Union as the sole and exclusive collective bargaining representative for the positions of Firefighter/ EMT, Firefighter/Paramedic, Fire Captain, Battalion Chief and Life Safety Inspector. The positions of Fire Chief and Fire Division Chief are excluded. ARTICLE II - HOURS OF WORK A. WORK DAY AND WORK PERIOD The City shall establish the workday, the work period, and work schedules as permitted by law. Employees shall work a rotating twenty-four (24) hours on and forty-eight (48) hours off schedule with a Kelly Day system as defined in Article II, paragraph C. At no time shall an employee be required to work more than forty-eight (48) hours without a twelve (12) hour break. However, employees may volunteer to work beyond forty-eight (48) hours, but no more than seventy-two (72) hours. The City may implement an alternative work schedule to staff a peak hour ambulance or other special duties. Life Safety Inspector Classification or Alternative Work Schedule: The position will work Life Safety Inspector classification or personnel on an alternative work schedule will operate on a standard forty (40) hour workweek and shall be subject to all rules and regulations outlined in the Fair Labor Standards Act and as such will be entitled to overtime pay for the hours worked in excess of forty (40) per week. B. CHANGES IN WORK SCHEDULE All changes in the work day, period, or schedules, except in cases of emergency, shall be posted for all affected employees to see at least five (5) calendar days before the change is effective. Page 192 of 269 2 C. KELLY DAYS The Grand Island Fire Department will operate under a Kelly day scheduling system. The Kelly day schedule will affect only the 28-day cycle in which the employee would normally be scheduled to work 240 hours. The schedule will be reduced by one 24 hour shift to reduce the scheduled work time to 216 hours in the 28-day cycle. Kelly days will be scheduled by department administration. D. OVERTIME Overtime work shall be authorized only in the following cases: 1. In the event of fire, flood, catastrophe, or other unforeseeable emergency. 2. Where a position must be manned and another employee is not available for work. 3. To provide essential services when such services cannot be provided by overlapping work schedules. 4. When the City determines that utilization of present employees is more advantageous to the City than the hiring of additional personnel. 5. No employee shall be regularly scheduled to work overtime without the approval of the chief administrative officer of the City. 6. Overtime work shall be authorized in advance, except in cases of emergency or Long Distance Transfers (LDTs) by the chief administrative officer of the City, or by a supervisor to whom this responsibility has been delegated. 7. All employees who are required to work overtime shall receive overtime compensation, in accordance with Article III. E. 56-HOUR TO 40-HOUR POSITION An employee assigned to a 40-hour position for one (1) year or less will not have his/her leave accruals adjusted. Vacation and medical leave accruals will remain at the 56 hour accrual rate, which includes holiday pay. The employee will be treated as if he/she was still on the 56 hour schedule. Vacation and medical leave will be charged using the 1.4 conversion rate (1.4 hours charged for each 1.0 hours used). An employee assigned to a 40-hour position more than one (1) year will have his/her vacation and medical leave banks adjusted to the 40-hour rates using the agreed upon conversion rate and the usage will be charged as actual hours used. Page 193 of 269 3 ARTICLE III - OVERTIME PAY A. OVERTIME PAY 1. Hours Scheduled. Employees are currently scheduled to work either 96 or 120 hours in each 14-day pay period, for a total of 216 hours in each 28-day cycle. For payroll purposes, employees are paid for 108 hours in each 14-day pay period, regardless of the actual hours scheduled. Employees assigned to work alternative work schedule or the Life Safety Inspector Classification are eligible for overtime for hours in excess of forty (40) per week. 2. Hours Worked. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked and vacation leave. For purposes of calculating overtime, hours worked shall include actual hours worked and vacation leave. Any payment for time not actually worked (leave time other than vacation) shall not count towards the calculation of overtime. 3. Eligibility. Employees will be eligible for overtime pay for hours worked in excess of 212 hours in each 28-day pay period. Overtime work shall be compensated at the rate of one and one-half (1 ½) times the number of hours worked in excess of the hours scheduled. 4. Recall. If an employee is called to duty during off-duty time or while on a “Kelly Day” or any other type of leave time, and such time does not coincide with the employee’s scheduled tour of duty, such employee shall be paid for a minimum of two (2) hours at the rate of time and one-half. In instances where the two (2) hour minimum extends into a normal shift, the employee will receive half-time in addition to regular pay for the remainder of the two (two) hour minimum effective at shift start. The two (2) hour minimum is not included in the calculation of overtime as it is already paid at a premium. When an employee is held over for an unscheduled occurrence such as sickness or injury, the Department will use the following method to fill the opening: The Chief or his designee will solicit volunteers from the previous shift. If no volunteers are found, the Department will contact off-duty staff to volunteer. Any employee who voluntarily accepts a 24 hour overtime shift will be moved to the bottom of the mandatory overtime list. If the opening is not filled by either of the above methods, the City will mandatorily fill the position by resorting to a rotating list of available employees and an employee will be selected based on inverse seniority so that the least senior employee will be selected and once an employee is ordered to work a mandatory overtime, he or she will not be eligible to work another mandatory overtime until all other names on the list are exhausted. For example, Employee “A” is the least senior on A Shift and it becomes apparent that a vacancy will occur on the B Shift that needs to be filled, if no volunteers are found and off- duty staff has not agreed to come in to fill the vacancy, Employee “A” can be ordered to fill the vacancy. The next time this contingency occurs, the next least senior employee will be eligible to be ordered to fill the vacancy and so on, until the rotating list is exhausted. The employee who is mandatorily scheduled after all other methods are exhausted will be paid at the rate of time and one-half. This excludes employees who are held over waiting for provisions of this paragraph to be implemented. 5. Unit of Pay. Overtime shall be accrued and compensated for in one-tenth (1/10) hour units. 6. Employees assigned to special work assignments, outside regularly scheduled hours, will be paid at the rate of time and one-half regardless of hours worked in a work period. Special assignments Page 194 of 269 4 include, but are not limited to, Husker Harvest Days and the Nebraska State Fair. Special assignments will be determined by the Fire Chief. ARTICLE IV - HOLIDAYS AND HOLIDAY PAY A. HOLIDAYS The following holidays are observed: New Year's Day January 1 Martin Luther King, Jr. Day Third Monday in January 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 In addition, the City will provide one (1) additional non-cumulative personal holiday each fiscal year to all eligible employees. This holiday shall be credited simultaneously by all members of the bargaining unit during the first full pay period of October each fiscal year. The City shall make a contribution to the employee’s VEBA in lieu of the personal holiday. The contribution will be based on fifteen (15) hours of pay at the employee’s current rate. The following applies to the Life Safety Inspector classification: When a holiday falls on a Saturday, it will be observed on the preceding Friday. When a holiday falls on a Sunday, it will be observed on the following Monday. The personal holiday shall be a contribution to the employee’s VEBA in lieu of the personal holiday based on eight (8) hours of pay at the employee’s current rate. Non-exempt regular full-time and part-time employees who are required to work on a holiday will be granted overtime pay for the time period worked. If a holiday occurs while an employee is on Worker’s Compensation or other disability compensation, no credit for the holiday will be allowed. In order to receive pay for an observed holiday, an employee must not have been absent without pay on the workday immediately preceding or immediately following the holiday unless excused by his/her supervisor. Page 195 of 269 5 B. ELIGIBILITY FOR HOLIDAY PAY No employee shall be eligible for holiday pay unless such employee was in an active pay status on his or her last regularly scheduled day before the holiday and first regularly scheduled day after the holiday. Active Pay Status shall mean any pay status other than leave without pay or suspension without pay. C. HOLIDAY PAY 1. Employees shall be paid fifteen (15) hours pay at their regular hourly rate for each of the nine (9) holidays designated in paragraph "A" above, whether they worked the holiday or were off duty; this is in addition to their regular salary. 2. If an employee is not regularly scheduled to work on a holiday and is called out to work on the holiday, the employee shall be paid overtime in addition to the fifteen (15) hours pay as set forth above. 3.Employees shall receive eight (8) hours of pay and the day off when scheduled for a forty (40) hour workweek. Examples of instances shall include light duty assignments, new hire scheduling, and Life Safety Inspector scheduling. 3.4.Employees working the forty (40) hour work week will receive eight (8) hours of additional holiday pay whether they worked the holiday or were off duty. If the employee is scheduled to work the holiday, he/she will not be given the day off. ARTICLE V - VACATIONS A. ELIGIBILITY All full-time employees of the Fire Department are eligible to take vacation leave as it is earned and shall accrue vacation leave in bi-weekly increments as described below. Employees shall accrue vacation time during their new employee probationary/introductory period; however, they will not be entitled to take vacation until successfully completing probationary/introductory period. The employee will not receive any vacation benefits if he/she leaves the employment of the City during the probationary/introductory period. Vacation leave shall be debited in half hour increments. For purposes of this Article a shift shall mean 24 hours. B. AMOUNT AUTHORIZED Authorized leave shall be computed on the following basis: 1. Upon successfully completing the new employee probationary/introductory period, an employee will be granted 60 hours of vacation time. The employee will accrue an additional 60 hours in the first year of continuous service. (4.6154 hours to accrue bi-weekly). (120 hours total or 5 shifts) Page 196 of 269 6 2. 144 hours in the second through fifth years of continuous service (5.5385 hours to accrue bi- weekly). (144 hours total or 6 shifts) 3. 168 hours in the sixth year of continuous service (6.4616 hours to accrue bi-weekly). (168 hours total or 7 shifts) 4. 18092 hours in the seventh through tenth years of continuous service (6.93207.3846 hours to accrue bi-weekly). (18092 hours total or 7.58 shifts) 5.216 240 hours in the eleventh through fifteenth years of continuous service (8.30779.2308 hours to accrue bi-weekly). (21640 hours total or 910 shifts) 6. 264 hours in the sixteenth through the twentieth years of continuous service (10.1538 to accrue hours bi-weekly). (264 hours total or 11 shifts) 7. 276 hours in the twenty-first through the twenty-fourth years of continuous service (10.6154 to accrue hours bi-weekly). (276 hours total or 11.5 shifts) 8. 288 hours in the twenty-fifth year of continuous service and thereafter (11.0769 to accrue hours bi-weekly). (288 hours total or 12 shifts) Life Safety Inspector classification: Years 1 through 4 80 hours Years 5 through 6 120 hours Years 7 through 8 128 hours Years 9 through 10 136 hours Years 11 through 12 144 hours Year 13 152 hours Years 14 through 19 160 hours Years 20 through 24 180 hours Year 25 and beyond 200 hours Page 197 of 269 7 Years 56 Hour Employee Years 40 Hour Employee 1 120 1 through 4 80 2 through 5 144 5 through 6 120 6 168 7 through 8 128 7 through 10 18092 9 through 10 136 11 through 15 21640 11 through 12 144 16 through 20 264 13 152 21 276 14 through 19 160 25+288 20 through 24 180 25+200 C. VACATION SCHEDULE Vacation leave shall be taken at a time convenient to and approved by the Fire Chief. While all employees are encouraged to take four (4) consecutive shift days of vacation each year, when eligible, the City may grant shorter periods of two (2) shift days or less. Each employee shall take a vacation of at least two (2) consecutive shift days each year when eligible. The employee may not cancel vacation days in the middle of their consecutively picked vacation days. Life Safety Inspector Classification: The Chief will make every effort to grant requested vacation time; however, it must be approved in advance and will be granted on the basis of work requirements of the department. Seniority will be considered when scheduling vacations within the department. 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 work days which may include the use of personal leave. Holidays, which occur during an employee’s vacation, do not count as vacation time. D. VACATION CARRY-OVER An employee will be allowed to carry no more than the maximum amount of vacation that he or she can earn in one year, plus 48108 hours (2 shifts). An employee who fails to use his or her vacation time through the employee’s own decision loses all but the maximum carry-over hours mentioned above. Life Safety Inspector Classification: Employees will be allowed to carry-over the maximum amount of vacation that they earn in one year, plus eighty (80) hours. Current vacation time and carry-over time may be used during a single calendar year when authorized. An employee who fails to use his/her vacation time through the employee’s own decision loses all but the maximum carry-over amounts as mentioned above. The Human Resources Director and City Administrator may waive the provisions of this section in extreme circumstances for the good of the City. Page 198 of 269 8 E. VACATION CREDIT ON SEPARATION Separation from employment shall include resignation, retirement, termination, or death. Upon separation from employment with the City due to retirement, termination, or death, an employee shall be paid for his or her unused portion of accumulated vacation leave. In the case of resignation, an employee must resign in good standing or the City will not compensate him or her for accrued but unused vacation leave. To resign in good standing, an employee must give the Fire Chief written notice at least fourteen (14) calendar days prior to separation, unless the Fire Chief agrees to permit a shorter period. Pay at separation shall be directed to the employee’s VEBA except in the case of death. An employee who separates from employment with the City shall not accrue vacation leave credits after his or her last day of work. F. SENIORITY FOR VACATION PLANNING Vacation shall be granted on shift seniority. A vacation schedule shall be created for the entire year. “Prime time” shall be defined as dates occurring between Memorial Day through Labor Day and Thanksgiving Day through New Year’s Day. The senior employee shall have first pick of not more than half of their allotted shift-days during prime time. However, if half of the allotted shift-days is a fractional amount, then the number will be rounded up to the next whole shift. If an employee desires to split his or her vacation period, such employee must pick first choice and then wait until everyone has made a choice before getting second choice. If the employee is eligible for more than four (4) shift days of vacation and wishes to take all accrued vacation at one time, employee must waive first choice and choose a period after everyone else has had one choice. If an employee becomes ill during vacation leave, such employee cannot substitute medical leave for vacation leave. No more than four (4) employees from the Fire Department can be absent from one (1) shift at the same time for the purposes of scheduling vacation planning. Absences include vacation, Kelly Days, and other types of leave that are known in advance. Shift personnel shortages will not count against the total number of absences. A second pick of not more than four (4) consecutive days may be chosen by shift seniority after first picks have been selected, notwithstanding waiving first pick to take more than four (4) days at one time. After the completion of second pick vacation, a third pick will be done following seniority where the remaining allotted vacation time may be taken. Only the first three (3) picks will be guaranteed. At the Chief’s discretion an employee may be allowed to use vacation leave on one (1) or more shifts in increments to be determined by the Chief at the time of a request. G. VACATION BUY DOWN Employees shall be permitted to cash in vacation hours once annually during the last pay period of October. An employee may not buy vacation hours below a remaining balance of 108 hours. The maximum number of hours that can be cashed in during the buy down is 108 hours per fiscal year. Employees must declare Page 199 of 269 9 the maximum number of hours they will buy down by July 31st of each year. Employees may reduce the number of buy down hours declared if the request is made prior to September 1st and approved by the Fire Chief or designee. ARTICLE VI - MEDICAL LEAVE A. AMOUNT AUTHORIZED Medical leave shall be accrued by each employee at the rate of eighteen (18) hours for each full calendar month of service. The amount accrued shall be prorated for any period of time an employee is not in an active pay status. An employee may accumulate medical leave to a maximum of 1,695 hours. Medical leave shall be debited in half hour increments. Life Safety Inspector Classification: Medical leave will be accrued at a rate of eight (8) hours per month for full-time regular status employees. The maximum amount of medical leave hours that may be accrued is 1,084. B. USE OF MEDICAL LEAVE Medical leave with pay must be accrued 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, non-compensable 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, optical or dental appointments. It may also be utilized for a maximum of one hundred twenty five (125) hours per calendar year for illness of or injury to, a member of the immediate family as defined in this Section. Medical leave shall be debited in half hour units. For purposes of medical leave, “immediate family member” shall mean a child, spouse, parents, mother- in-law, father-in-law and grandparents. “Child” shall include a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing “in loco parentis”. C. REPORTS ON CONDITION When an employee finds it necessary to utilize medical leave, the employee shall notify his or her supervisor as soon as possible. An employee must keep his or her immediate supervisor informed of the employee's condition. An employee may be required to submit a medical record or certificate for any absence. Failure to fulfill these requirements may result in denial of medical leave. D. FRAUDULENT USE The Fire Chief may investigate any medical leave taken by an employee. False or fraudulent use of medical leave shall be cause for disciplinary action and may result in dismissal. E. NOTIFICATION Page 200 of 269 10 If an employee is absent for reasons that entitle the employee to use medical leave, the employee or a member of employee's household shall notify the supervisor on duty as soon as possible prior to scheduled reporting time. If an employee fails to notify the supervisor, when it was reasonably possible to do so, no medical leave shall be approved. Immediately upon return to work the employee shall submit a leave form to his or her supervisor ensure a medical leave request is submitted. A supervisor may submit a medical leave request on behalf of the employee but it is ultimately the employee’s responsibility. F. BEREAVEMENT LEAVE Bereavement leave shall be granted to eligible employees for up to twenty-four (24) hours per calendar year for non-immediate family members. Non-immediate family member shall mean aunts, uncles, nieces, and nephews. An employee shall be eligible to use up to forty-eight (48) hours of paid bereavement leave for the death of an immediate family member which includes parents, spouses, children, siblings, grandparents, grandchildren, and in-laws of the same relation, regardless of when it occurs. In addition to the use of bereavement leave as set forth hereafter, medical leave may be granted at the discretion of the Fire Chief and City Administrator for the death of a member of an employee’s immediate family because of unusual circumstances. To attend the funeral of someone other than immediate and non-immediate family, an employee shall take vacation. Life Safety Inspector Classification and Employees Working an Alternative Work Schedule: Bereavement leave shall be granted to eligible employees for up to two (2) days per calendar year for non-immediate family members. Non-immediate family member shall mean aunts, uncles, nieces and nephews. Any portion of a work day used for bereavement leave shall be considered a full day of bereavement leave. An employee shall be eligible to use up to three (3) days of paid bereavement leave for the death of an immediate family member which includes parents, spouses, children, siblings, grandparents, grandchildren, and in-laws of the same relation, regardless of when it occurs. In addition to the use of bereavement leave as set forth hereafter, medical leave may be granted at the discretion of the Department Director and City Administrator for the death of a member of an employee’s immediate family because of unusual circumstances. To attend the funeral of someone other than immediate and non-immediate family, an employee shall take vacation or personal leave. G. COMPENSATION FOR UNUSED MEDICAL LEAVE AT RETIREMENT Retirement for medical leave payout is defined as an employee who has worked for the City of Grand Island firefighter service for at least twenty-one (21) years or is at least fifty-five (55) years of age. In addition to Article V, Section E, of this agreement, each employee upon retirement shall have a contribution made to their VEBA, representing 38% of his or her accumulated medical leave, not to exceed 1,593605.3 hours (calculated at 38% x 1,593 = 605.3); the rate used for the contribution will be based on the employee's salary at the time of retirement. In the case of death, the medical leave benefit will paid at the same rate as retirement and shall be paid to the employee’s beneficiary or estate. For individuals named in the Memo of Understanding, dated May 5, 2009, such employees shall receive credit upon retirement from employment of 25% for the cash value of any hours in excess of 1,687 up to 2,880 hours. Such hours Page 201 of 269 11 shall be paid as a contribution to their VEBA. The rate used for the contribution will be based on the employee’s salary at the time of retirement. Life Safety Inspector Classification and Employees Working an Alternative Work Schedule: Each employee upon retirement shall have a contribution made to their VEBA representing 50% of his or her accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two hours (calculated at 50% x 1,084 = 542). The rate used for the contribution will be based on the employee's salary at the time of retirement. In the case of death, the medical leave benefit will paid at the same rate as retirement and shall be paid to the employee’s beneficiary or estate. H. FAMILY AND MEDICAL LEAVE ACT Classifications covered under this agreement and the City of Grand Island agree to comply with the provisions of the Family Medical Leave Act. Vacation time may be used as a substitute during medical leave. ARTICLE VII - MILITARY LEAVE The City will follow provisions relating to military leave as provided by Neb. Rev. Stat. §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 VIII - COURT LEAVE A. WHEN AUTHORIZED An employee who is required to serve as a witness or juror in a federal, state, county, police, or municipal court, or as a litigant in a case resulting directly from the discharge of his or her duties as an employee, shall be granted court leave with full pay to serve in that capacity; provided, however, that when the employee is testifying in other litigation to which employee is a party, 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. If an employee is called as a witness for the City during off-duty time and such time does not coincide with the employee’s scheduled tour of duty, such employee shall be paid for a minimum of two (2) hours. 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 Page 202 of 269 12 to funds received by employees when they would not normally be on duty with the City. No employee shall receive witness fees paid from employer's funds and any witness fees received from any other source shall be deposited with the City Finance Director if the employee is paid by the City for the time needed to testify. D. ADMINISTRATIVE LEAVE The Fire Chief may grant administrative leave with pay for the following purposes: •To participate in examinations, funerals and activities directly related to his or her work. •To compete for positions in the City Personnel System. •To present grievances or appeals to a government official. •To investigate a disciplinary issue. The Fire Chief may not grant administrative leave in excess of fifteen days. The Mayor must approve requests for leave in excess of fifteen days. ARTICLE IX - LEAVE WITHOUT PAY A. WHEN AUTHORIZED The provisions relative to leave without pay shall be as follows: Leave without pay may be granted to an employee for any good cause when it is in the interest of the department to do so. The employee's interests shall be considered when his or her record of employment shows the employee to be of more than average value and it is desirable to retain the employee even at some sacrifice. The chief administrative officer of the City may grant an employee leave without pay for a specified time not to exceed one month. This leave may be extended with approval of the chief administrative officer not to exceed one additional month. Any appointment made to a position vacated by an employee on leave without pay shall be governed by Civil Service Statutes. B. CONDITIONS OF USE Leave without pay shall be subject to the following provisions: 1. At the expiration of leave without pay, the employee shall return to the position held prior to the leave. 2. Vacation and medical leave credits and holiday pay shall not be earned during leave without pay. 3. A leave without pay shall not constitute a break in service, but time off will not be credited toward retirement. Page 203 of 269 13 4. Leave without pay for more than thirty days during the probationary/introductory period shall not be counted as part of that period, but the employee to whom such leave has been granted shall be allowed to complete the probationary/introductory period upon return from leave. 5. Failure to report promptly at the expiration of a leave of absence shall be considered a resignation. 6. A leave without pay shall not be allowed for an employee to work for another employer or for self- employment. 7. A leave without pay may be granted to participate in union or legislative activities. 8. Employees must use leave banks prior to being on unpaid leave. ARTICLE X - TEMPORARY DISABILITY LEAVE A. WHEN AUTHORIZED In the case of temporary disability of a firefighter 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 months from the date of injury or commencement of disability, except that if it is ascertained by the city that such temporary disability has become a disability as defined in this article, then the salary shall cease and he or she shall be entitled to the benefits for pensions in case of disability as provided in Neb. Rev. Stat. §16- 1031, as revised. B. APPLICATION OF WORKERS’ COMPENSATION All payments of salary provided by this article shall be subject to deduction of amounts paid under the Nebraska Workers’ Compensation Act as set forth below: 1. 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 calendar days following the date of injury or date that temporary disability begins, unless the disability continues for six weeks or longer. When the disability lasts less than six weeks, an employee must use medical leave for the initial seven days. If medical leave banks are not available other banks may be used. If no other leave is available, the City shall grant the employee temporary disability leave. If the disability continues for six weeks or longer, the employee will be credited with any sick or vacation leave taken during the initial waiting period. Any hours that an injured employee is scheduled to work as a substitution for up to fourteen (14) days after becoming injured, will not be credited back to the injured/absent employee. 2. While on leave due to a temporary disability related to a workplace injury, 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. Page 204 of 269 14 The City of Grand Island will comply fully with the Workers’ Compensation Program that has been established under State statute. When accidents occur at work, they must be reported immediately to the supervisor and the appropriate paperwork filled out at that time and sent in to the office. A supervisor must have prior knowledge and approve a doctor’s visit. A doctor’s report may be required to substantiate the injury. C. SUBROGATION The City reserves a 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. 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 of such party until after receiving consultation and advice of the employee and a signed waiver to that effect. D. LIMITATION OF LEAVE Temporary disability leave will not be available to employees following twelve months from the original date of injury or date that disability begins absent express approval of the chief administrative officer of the City. The chief administrative officer may grant an extension of this time not to exceed six (6) months. Any employee whose employment by the City is terminated due to exceeding this limitation of leave shall be compensated for any remaining unused medical leave as in the case of retirement. E. LIGHT DUTY A light duty policy will be maintained by the City to accommodate employees who have been deemed temporarily unable to perform the duties at full capacity of the job requirementinjured in the workplace 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 day period between the 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 (1) shall constitute the date of injury, and day six (6) shall be the day the employee begins light duty work. If an employee refuses light duty at day six (6), the employee shall use vacation time or go into a no pay status. Page 205 of 269 15 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 time period expires. ARTICLE XI - 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 REQUESTS For all leaves except unforeseeable medical leave or other emergency situations, a leave request, indicating the kind of leave, duration, and dates of departure and return, must be approved prior to taking leave. In the case of unforeseeable medical leave or other emergency situation, the request shall be completed and submitted for approval upon the employee’s return to duty. Unless a leave request approved by the supervisor substantiates an absence, an employee shall not be paid for any absence from scheduled work hours. ARTICLE XII - PAYROLL DEDUCTION OF UNION DUES Upon receipt of a lawfully executed written authorization from an employee, which may be revoked in writing at any time, the City agrees to deduct the regular biweekly amounts specified therein from employee's pay for union dues. The effective date of such deduction shall be the second payroll following the filing of the written authorization by the employee with the Finance Director. The Finance Director will remit the collected union dues, together with a list of the employees' names for which the dues were deducted, to the official designated by the union, in writing, by the fifteenth day of the next succeeding month following the deduction. The City agrees not to withhold any initiation fees, assessments, special or otherwise, or any funds from an employee's pay for the benefit of the union other than regular union dues as set forth herein. The union agrees to indemnify and hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under this article. C. ADMINISTRATIVE LEAVE The Fire Chief may grant administrative leave with pay for the following purposes: Page 206 of 269 16 •To participate in examinations, funerals and activities directly related to his or her work. •To compete for positions in the City Personnel System. •To present grievances or appeals to a government official. •To investigate a disciplinary issue. •To attend a department approved course of instruction. The Fire Chief may not grant administrative leave in excess of fifteen days. The Mayor must approve requests for leave in excess of fifteen days. ARTICLE XIII - POLICIES AND BENEFITS A. DRUG-FREE WORKPLACE The City of Grand Island is committed to providing a safe work environment. The City prohibits the distribution, manufacture, possession, sale, use, transfer, transport or purchase of illegal drugs, or being under the influence of alcohol or drugs at the workplace, on City premises, or in City vehicles. The standard cut-off limits are provided by the testing facility. Any violation of this policy is subject to discipline up to and including termination, for the first offense. The substances that are prohibited include but are not limited to the following: Alcohol Cannabinoids (marijuana, hashish) Depressants (tranquilizers) Hallucinogens (PCP, LSD, designer drugs” etc.) Narcotics (heroin, morphine, etc.) Stimulants (cocaine, methamphetamines, etc.) Any employee convicted of violating a criminal drug statute must inform the City of such a conviction (including pleas of guilty and no contest) within five (5) days of the conviction occurring. Failure to inform the City will subject the employee to disciplinary action, up to and including termination for the first offense. By law, the City will notify the federal grant agency or contracting officer within ten (10) days of receiving such notice from an employee or otherwise receiving notice of such conviction. The City reserves the right to offer employees convicted of violating a criminal drug statute in the workplace, the opportunity to participate in a rehabilitation or drug abuse assistance program, at the employee’s expense, as an alternative to discipline. If such an opportunity is offered and accepted, the employee must successfully complete the program before returning to their position as a condition of employment. Page 207 of 269 17 The City shall test all applicants who have been offered a position with the City prior to starting their new job. Job placement is contingent on the results of the drug testing. The City will test for the following substances for all new hires: •Amphetamine/Methamphetamine •Cannabinoids •Cocaine metabolites •Opioids •PCP The City reserves the right to test any employee that it has reasonable cause to believe is under the influence of alcohol or drugs while in the workplace. Upon testing an employee, the employee will be out of service at the station until the results of the test are received. In situations, such as auto accidents, where the employee is clearly not at fault, the Supervisor may return an employee to service prior to receiving the results of a drug screen. B. POLITICAL ACTIVITY All employees may not interfere or use the influence of their office for political reasons. They shall not participate in any political activity during normal working hours or when otherwise engaged in the performance of official duties. No employee shall engage in any political activity while wearing a uniform required by the City. An employee may not represent themselves as an employee of the City while being involved in an outside political activity. Employees are urged to contact the Fire Chief to determine the degree of political involvement allowed. Employees may not be dismissed or disciplined because they refuse to make a contribution to a political organization. C. RESIDENCY All employees, covered by this offer are required to reside within a forty-five (45) mile radius of the City of Grand Island. Employees who reside outside of this radius as of October 1, 2006 will not have to move into the required area. Those who do reside in the required area will not be allowed to move outside of the 45 mile radius. All newly hired employees shall have three (3) months after completion of probationary/introductory period to comply with the residency requirements. D. NEPOTISM Public trust, safety, and City morale require that the City maintain a policy that ensures a sense of fairness to the general public as well as internal employees when it comes to the relationships of its employees. In order to promote the efficient operation of the City and to avoid the formation of cliques, claims of sexual harassment, or gender-based discrimination and the blurring of professional and personal responsibilities, the following policy describes the rules for workplace relationships. Regular status employees who are members of the same family are eligible for City employment provided that they are not in the same supervisory chain of command. No relative shall work within the same station of the City, nor shall any relative work within any supervisory capacity of another relative on a daily basis. They may, however, be employed in different divisions of the same department or in different departments. Page 208 of 269 18 For purposes of defining this policy, family members shall include; spouse, children, stepchildren, parents, grandparents, siblings, and in-laws of the same relation. For further clarification, supervisory positions in the chain of command are as follows: Fire Chief, Fire Division Chief, Battalion Chief and Fire Captain. In addition to family relationships, and for the same reasons mentioned above, employees involved in romantic and/or sexual relationships or dating must also observe the chain of command rules mentioned above. Employees must notify the City if they are in violation of this policy. Notification shall remain confidential. If the City cannot accommodate a transfer request and one of the employees affected does not voluntarily resign to correct the violation, the employee with the least amount of seniority with the City will be asked to resign or be terminated. E. OUTSIDE EMPLOYMENT Employees may hold other employment outside of City employment with prior approval from the Fire Chief as long as it does not interfere with the duties of the City job and does not conflict with the interests of the City. F. TUITION REIMBURSEMENT Tuition reimbursement will be available, subject to the following restrictions, for the purpose of enhancing the knowledge and skills of employees to better perform their current duties. Qualification Process – the Fire Chief based on the following considerations will make the determination of whether a request qualifies for the Tuition Reimbursement Program: •Is there budget authority? •Is the course job related? •Is there supervisor approval? •Is the employee requesting reimbursement eligible for other assistance programs? Approval Process – To receive tuition reimbursement, the employee must submit a “Tuition Request Form”, which contains the qualification information listed above, as well as the employee’s financial request prior to beginning the course. Reimbursement will be allowed for books and other fees. Tuition reimbursement is available only to regular full-time status employees. If the employee is eligible for other assistance programs, the City will provide secondary benefits only. Reimbursement Process – Any employee requesting tuition reimbursement will submit a grade report indicating the grade received for the class that was taken. Reimbursement will be as follows: A or B – 100% C – 80% Page 209 of 269 19 An employee, who takes a Credit Course as “Pass/Fail” that is part of a degree program and passes the course, may request reimbursement as a grade C or 80%. The Fire Chief will include the request for reimbursement in the last payroll period of the fiscal year. Annual tuition reimbursement will be limited as follows: Less than two years of service: $600.00 Two to five years of service: $1,000.00 Over five years of service: No limitations G. BILINGUAL PAY Employees who are proficient in an approved second language will be paid $1,500 per calendar year, payable in the second check in November. In order for an employee to collect bilingual pay, the employee must be actively employed in November. The Fire Chief will determine whether bilingual skills are needed based upon the interaction of the department with the public. If bilingual skills are needed, the Fire Chief with the approval of the City Administrator will determine which languages are “approved” based upon the needs of the department as they relate to the demographics of Grand Island. A test will be given by the Human Resources Department to test the proficiency of the employees in each approved language before an employee is eligible for bilingual pay. The bilingual test will measure, among other things, an employee’s conversational ability. Bilingual pay will be prorated based on the employee’s average hours worked. An employee that is hired as an interpreter will not be eligible for bilingual pay. CH. ADMINISTRATIVE LEAVE The Fire Chief may grant administrative leave with pay for the following purposes: •To participate in examinations, funerals and activities directly related to his or her work. •To compete for positions in the City Personnel System. •To present grievances or appeals to a government official. •To investigate a disciplinary issue. •To attend a department approved course of instruction. The Fire Chief may not grant administrative leave in excess of fifteen days. The Mayor must approve requests for leave in excess of fifteen days. ARTICLE XIV - PENSION RETIREMENT PLAN Page 210 of 269 20 The City agrees that the employees covered under this agreement are covered under the pension retirement plan as provided by State Statutes, as amended. Life Safety Inspector Classification: The City provides a pension retirement plan that employees are eligible for immediately. Participation is mandatory upon the first day of employment. Employees defer 6% (pre-tax) of their pay into the pension plan. The City matches the 6% contributed by the employee. Employees direct 100% of Employee and Employer contributions. The vesting schedule is as follows: 1 year = 6070% 2 years = 7080% 3 years = 9080% 4 years = 90100% 5 years = 100% ARTICLE XV - RATES OF PAY FOR WORK PERFORMED A. SURVEY The parties have relied on their own survey data to negotiate the wages and terms and conditions of employment established by this agreement and the totality of the agreement represents a compromise which should not be construed as an admission by either party regarding the appropriate array for determining comparability for the positions covered by this Agreement. B. 201923 - – 20204 Fiscal Year Rates of pay commencing on the first full pay period on or after October 1, 201923, for work performed under this agreement are attached as Exhibit “A”. C. 20240 – 202125 Fiscal Year Rates of pay commencing on the first full pay period on or after October 1, 20204, for work performed under this agreement are attached as Exhibit “B”. D. 20215 – 20226 Fiscal Year Rates of pay commencing on the first full pay period on or after October 1, 20215, for work performed under this agreement are attached as Exhibit "C”. E. 2022 – 2023 Fiscal Year Page 211 of 269 21 Rates of pay commencing on the first full pay period on or after October 1, 2022, for work performed under this agreement are attached as Exhibit “D”. F. VOLUNTARY EMPLOYEE’S BENEFICIARY ASSOCIATION (VEBA) The VEBA will be considered by both parties as part of the total compensation for computation of wages and benefits. The City will contribute $10.00 per pay period per covered employee into the employee’s VEBA account to be used by the employee under the terms of the VEBA trust agreement applicable to bargaining unit employees. G. FUTURE INCREASES IN PAY It is understood and agreed that payment of future rates is contingent upon the City adopting budget statements and appropriation or ordinances sufficient to fund such payments and salary ordinances authorizing such payments. The Union acknowledges that the City must comply with the Nebraska Budget Act. H. STEP PAY PLAN 1. Upon the effective date of this agreement employees will be considered for step increases using the following time schedule: Step 1 Entry level; Step 2 - 9 Upon successful completion of twelve months of service in Step 1 of the job classification and each step thereafter; 2. 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 probationary/introductory employees' step adjustments, shall be effective on the first day of a pay period falling on or immediately following such adjustment. 3. Employees, prior to advancing in step or grade, shall be evaluated. Such evaluation shall take place at least yearly. For purposes of an increase in pay, other than salary table adjustments, an employee must receive a satisfactory evaluation. Such evaluations shall be advisory and shall in no way require the granting of merit increases by the administration; but denial shall be in writing, showing cause for such denial. Should a merit increase be denied, a new evaluation shall be made six months from the date of the first evaluation. 4. Employees may be considered for more than a one-step increase when recommended by the Fire Chief and approved by the chief administrative officer. 5. In no case shall any employee be advanced beyond the maximum rate of the pay grade for his or her class of position. Page 212 of 269 22 6. When an employee is asked to work out of class, they must meet one of the following: have completed the Task Book for that position and be eligible to test, or on the current promotional list for that position. They will be compensated at a rate of one dollar and twenty five cents ($1.25) per hour for hours worked out of class. 7. The City uses a payroll cycle that runs bi-weekly (every two weeks). Any employee that identifies a mistake in their paycheck should contact their supervisor and/or the Payroll Specialist so that it is brought to their attention for correction. The City makes every effort to correctly process its payroll and prohibits improper deductions. Any such errors will be corrected as they are identified. 8. PROMOTIONS: An employee who is promoted will be placed in the lowest step of his or her new pay grade that will permit an increase of at least 3%. After successfully completing the six-month introductory period in their new position, they may be reviewed by the Fire Chief for a step increase at this time. 9. DEMOTIONS: An employee who fails to satisfactorily perform the duties of a classification into which he or 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. 10. RECLASSIFICATION: This section addresses movements to and from the EMT and Paramedic classifications. Reclassifications are dependent upon budgetary approval and available FTEs. Reclassification to Firefighter/Paramedic: A Firefighter/EMT who has acquired a Paramedic license and requests to reclassify as a Firefighter/Paramedic will be placed in the lowest step of the Firefighter/Paramedic pay grade that will permit an increase of at least three (3) percent. The new Firefighter/Paramedic will complete a six (6) month introductory period. Reclassification to Firefighter/EMT: A Firefighter/Paramedic who requests to reclassify to Firefighter/EMT will move to the closest pay step available on the Firefighter/EMT pay scale. This reclassification may result in a pay reduction. 11. INTRODUCTORY PERIOD: All employees shall serve an introductory period that shall not be less than six months. The introductory period is an essential part of the employment selection process. It gives the City and the employee the opportunity to make sure the job is a good fit. An employee’s performance that does not meet required standards may be terminated without recourse within the introductory period. When it is determined that the services of the employee have not been acceptable, the Fire Chief shall notify the employee in writing of the date that the termination will be in effect. A performance report, together with a copy of the termination, shall be forwarded to the Human Resources Department and Chief Administrative Officer for approval. A newly hired employee will accrue vacation during the introductory period, but it will not be considered “earned” until the introductory period is successfully completed. An employee that leaves the City’s employ during the introductory period will not be compensated for the accrued vacation. Page 213 of 269 23 A performance evaluation and change of status form that requests that they be removed from the introductory status will signify successful completion of the introductory period. The Fire Chief may extend the introductory period upon written notification to the employee and the Human Resources Director. While serving the introductory period, an employee may be appointed or promoted to a position in a different class. When this occurs, the employee will begin a new introductory period for the position to which he or she has been appointed or promoted to. The same is true for employees that request reassignment into a different position. An employee may also serve additional introductory periods in the case of a promotion. When promoted, an employee will serve an introductory period that resembles that required for the original appointment. 12. REGULAR STATUS: Once an employee successfully completes their introductory period, the employee is then appointed to regular status. 13. CONVERSION FROM UNION TO NON-UNION POSITION: a) Medical Leave: If an employee transfers to a non-union position and has the maximum medical leave accrued, then he/she will move to the maximum medical accrual in the new non-union position. If an employee has not reached the maximum medical accrual, then the conversion shall be prorated at a percentage of maximum accrual. b) Vacation Leave: The amount of hours in the employee’s vacation bank will move with the employee to the non-union position. If the employee is over the vacation bank limit as outlined in the Personnel Rules & Regulations based upon years of service, the employee will not accrue further until he/she is below the allowed amount. The rule would apply the same in an inverse situation. Transfer from 56-Hour to 40-Hour Week The accrued sick leave and vacation leave of the transferred employee shall be adjusted to an amount of 71.4 percent of accrued leave as a 56-hour employee which leave shall be available to the employees working a 40-hour per work week. Transfer from 40-Hour to 56-Hour Week The accrued sick leave and vacation leave of the transferred employee shall be adjusted by multiplying the 40-hour employee’s bank of leave time by 1.4 to determine the amount of accrued leave as a 56-hour employee. The adjusted leave time shall be available to the employee working a 56-hour per work week. 14. APPARATUS OPERATOR: 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. For purposes of this article, the apparatus shall mean pumper, rescue pumper and aerial. The Page 214 of 269 24 employee must be certified and assigned for the shift to qualify. The City will not be required to compensate two (2) employees assigned for the same equipment for the same period of time. Employees will be selected and trained to become Apparatus Operators on the following: a) Employee must have at least 2 years in the position of Firefighter/EMT or Firefighter/Paramedic; b) Successfully complete the department training- consisting of Driver operator class and/or FAO Task Book; and c) Maintain department certification as an Apparatus Operator. When the need arises to add and train new apparatus operators, the employee will notify the Chief of their interest and the Chief will select candidates for training. The Battalion Chief or Captain will create and implement a rotation schedule when more than one qualified FAO is assigned to his/her Company. 15. PARAMEDIC INCENTIVE PAY: When a Firefighter/Paramedic is designated as the primary ambulance attendant, the employee will receive an additional one dollar and 50 cents ($1.50) per hour. If a Fire Captain is forced to ride in a dual-role capacity, meaning operating as both a captain and engine paramedic, the Captain will receive an additional one dollar and 50 cents ($1.50) per hour. Dual role captains will only be utilized when staffing needs exceed available paramedics. ARTICLE XVI - EMPLOYEE RELATIONS A. GENERAL Every employee shall fulfill conscientiously the duties and responsibilities of his or her position. Every employee shall conduct himself or herself at all times in a manner which reflects credit on the City and the department. Every employee shall be impartial in all official acts and shall in no way endanger nor give occasion for distrust of his or her impartiality. B. MEMBERSHIP IN UNION 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 union membership. C. DISCIPLINARY ACTION Disciplinary Action - Cause: Cause for disciplinary action against any employee shall also include any cause so specified in the Personnel Rules or ordinances of the City of Grand Island and the rules and regulations of the City Civil Service Commission. Disciplinary Action - Reprimand: The fire chief 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. Page 215 of 269 25 Disciplinary Action: It is agreed by the parties that all applicable provisions of the Grand Island City Code and the rules and regulations of the City Civil Service Commission are hereby made part of this agreement and by this reference made part hereof. An employee subject to disciplinary action may have a union representative, attorney, or other person present as the employee's representative during disciplinary proceedings as provided in the Civil Service ordinances and Personnel Rules of the City. D. LABOR/MANAGEMENT COMMITTEE To ensure continued harmonious relations and to bring about a better understanding with regard to City policies and activities, a labor-management committee may be formed. This committee shall consist of three (3) members of the Union to be designated by the Union, and three (3) members for the City to be designated by the City. The purpose of this committee shall be to identify and attempt to resolve, through meaningful discussions, those matters of general interest to employees and management. The Committee shall meet at least quarterly to discuss all matters of mutual concern. The Committee shall have the authority to make recommendations to the Union and the Employer. ARTICLE XVII - 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 Union. 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 or omission; 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: First Step - Any employee who believes that he or she has a justifiable grievance shall discuss the request or complaint within ten (10) calendar days with the Union Grievance Committee. If the Committee determines that no grievance exists, then no further action is necessary. Second Step - If the Committee determines that a grievance does exist, the Committee shall present the grievance, in writing, to the Fire Chief within ten (10) calendar days. The Fire Chief shall consider the grievance and notify the employee in writing within ten (10) calendar days after receipt of the grievance. Page 216 of 269 26 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 ten (10) calendar days after the decision of the Fire 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. Fourth Step - If the grievance is not settled to the satisfaction of the employee, he or she may appeal, within thirty (30) calendar days after receipt of the City's decision, to a court of competent jurisdiction. The grievant shall be granted, if requested, up to two (2) shift days leave without pay to prepare the petition. The grievant shall be granted, if requested, up to two (2) shift days leave without pay to present the case in court. 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 An employee must obtain the permission of the immediate supervisor before leaving the job to present a grievance. The time limits provided in this article shall be strictly construed. Unless an extension is agreed to by both parties, failure to comply with the deadlines set forth above shall result in the grievance being conceded by the offending party. ARTICLE XVIII - OTHER BENEFITS A. INSURANCE Except as modified by this Article XVIII, Section A, the City agrees to provide medical health and dental insurance during the term of this agreement for the employee and employee’s eligible dependents at the same eligibility benefit level and employee contribution level as provided to all other City employees under the City’s general group insurance plan. Present and future benefits provided under the general group insurance plan shall be accorded the Union as modified. The City agrees to provide life insurance benefits, following the City’s current plan. 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 Page 217 of 269 27 Family $ 258.98 $ 2,700.00 Family $ 264.16 $ 2,700.00 Year 3 HDHP Year 4 HDHP Coverage Type Employee Premium (per mo.) Plan Year "Seed" Money Coverage Type Employee Premium (per mo.) Plan Year "Seed" Money Single $ 78.87 $ 1,350.00 Single $ 80.45 $ 1,350.00 2/4 $ 182.61 $ 2,025.00 2/4 $ 186.26 $ 2,025.00 Family $ 269.44 $ 2,700.00 Family $ 274.83 $ 2,700.00 The City shall make available a PPO plan for employees covered under this contract. PPO premiums will be based on the following Employee/Employer percentages per plan year: Employee / Employer Single 20% / 80% 2/4 20% / 80% Family 20% / 80% The City shall make available a high deductible health plan (HDHP) for employees covered under this contract. HDHP premiums will be based on the following Employee/Employer percentages per plan year: Employee / Employer Single 6% / 94% 2/4 9% / 91% Family 12% / 88% B. DISCONTINUANCE OF INSURANCE 1. Unless covered under the FMLA policy, an employee who is on a leave of absence without pay will be removed from coverage under the City’s 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 or her return. 2. The employee will be required to pay the premium on the life insurance policy during any leave of absence without pay for the first sixty (60) days. Thereafter, the employee will be dropped from the life insurance plan. The employee shall pay both the City's premium and employee's premium, if any, during this period. C. UNION BULLETIN BOARD Page 218 of 269 28 The City agrees to provide space for the union to erect one bulletin board in each fire station for the posting of notices pertinent to the good and welfare of the union. D. UNIFORM ALLOWANCE The City will provide to all new hires upon completion of training, bunker gear which will consist of a coat, pants, suspenders, two pairs of gloves, two hoods, helmet and one pair of boots chosen by the Fire Chief. All current employees will receive new bunker gear as is necessary to rotate out as determined by the Chief. The City shall establish a quartermaster system where employees may order approved station uniform wear. Each employee after their first year completing probation will be credited receive five hundred twenty five dollars ($525) two hundred seventy-five dollars ($275.00) semi-annually credit to be used for the purchase of the uniform items purchases as needed. The City shall credit pay the clothing allowance on the first full pay period in October and the first full pay period in April. Orders must be placed by August 15th of each year to allow for invoice processing and year-end budgeting. New hires will receive four hundred dollars ($400) credit for the purchase of initial uniforms. After probation they shall receive an additional five hundred dollars ($500) for the purchase of a Class A uniform or other items as necessary. The new hire and post-probation credits will be issued the first pay period after the respective date. These amounts are not cumulative and must be used or lost. If an employee orders more items than they have money available, he/she will be responsible for the additional amount. The following represents a sample list of approved items for new hires: Uniform Trousers Cold Weather Gloves Uniform Shorts Uniform Coat Long Sleeve Uniform Shirts Ball Cap Short Sleeve Uniform Shirts Uniform Belt Sweatshirts Uniform Shoes and/or Boots Long Sleeve T-shirts Polo Shirt Short Sleeve T-shirts Items associated with a Class A Uniform Helmet Light Class A Overcoat Bunker Gear Light Exercise Shoes, Shorts, Sweatpants Flashlight Badges Job Shirt If any such employee shall resign his or her employment, or be terminated for any reason whatsoever, bunker gear paid for by the City shall remain the property of the City and shall be returned. The City will give no less than a ninety (90) day notice prior to any change to the uniform policy. Any changes would coincide with the award of the annual uniform allowance. Any employee who received reimbursement and leaves the City within six (6) months of the reimbursement will be required to return said reimbursement on a pro-rated basis. Page 219 of 269 29 Life Safety Inspector Classification: The City will provide to all new hires at the time of hire two (2) polo shirts, two (2) t-shirts, two (2) pants, one (1) belt, one (1) hat and one (1) uniform coat. These items will be replaced as needed by the City. E. SAFETY COMMITTEE In the interest of safety for members of the bargaining unit, a safety committee is established. Said committee shall consist of five members: a City safety representative and four union representatives, one from each fire station. At least one firefighter, one paramedic and one fire captain shall be among the union representatives. The final or prime responsibility of the safety program lies with the Fire Chief. The safety committee will meet at least every 60 days as stated in department policy to review safety programs and to discuss safety programs and equipment in general. Life and health safety concerns, essential equipment, and/or apparatus deficiencies will be noted and addressed in a timely manner. Copies of the minutes will be forwarded to the Fire Chief and the Union President. F. OCCUPATIONAL HEALTH: TESTING AND TREATMENT The City agrees to provide tetanus boosters, hepatitis A, hepatitis B, and meningitis vaccinations, and testing for HIV, and tuberculosis and necessary follow-through without cost to the employee. The City agrees to pay for a baseline test for hepatitis C and follow-up treatment for documented exposure to infectious conditions acquired while on the job. The City will provide cancer testing during annual physicals if the Grand Island Fire Department Medical Director recommends such testing. G. EXCHANGING WORK DAYS Employees, solely at their option and with approval of the department, may agree to substitute for one another during scheduled work hours in performance of work in the same capacity. The hours worked shall be excluded by the employer in the calculation of the hours for which the substituting employee would otherwise be entitled to overtime compensation under the Fair Labor Standards Act. Where one employee substitutes for another, each employee will be credited as if he or she had worked his or her normal work schedule for that shift. Battalion Chief or Acting Battalion Chief shall be responsible for the approval of all time trades. The City assumes no liability or responsibility for repayment of time trades. Employees maintain all records regarding time trades. The City reserves the right to cancel work exchanges if either employee cannot fulfill the exchange. A two (2) calendar week notice of cancellation shall be provided by the City. H. INSURANCE COMMITTEE The City agrees to establish and maintain an employee advisory committee to make recommendations regarding health and dental benefits. IAFF representation will be included on this committee. Page 220 of 269 30 The City agrees to maintain a pre-tax contribution plan for health and dental contributions and premiums. I. MILEAGE REIMBURSEMENT The City shall reimburse employees for mileage when using personal vehicles to move between stations due to staff rebalancing. Reimbursement rates are determined using the U. S. General Services Administration’s (GSA’s) Privately Owned Vehicle (POV) Mileage Reimbursement Rates. J. LONG TERM DISABILITY The City agrees to provide long term disability insurance during the term of this agreement for the employee at the same benefit level as provided to other City employees under the City’s general group insurance plan. Employee contribution levels shall be evaluated annually during the plan renewal process. Increases in premium renewals shall be shared with the employees covered under this agreement based on a cost escalator process. For purposes of this Section, cost escalator process shall mean the difference in premium costs between a member of the bargaining unit and the average premium cost for all other City employees, which the difference shall be the responsibility of the bargaining unit member. Employee participation in long term disability is mandatory as long as coverage is available. Employee contributions will be on a pre-tax basis. The City reserves the right to a request for proposal process to evaluate potential new vendors. In the event carriers refuse to cover members of the IAFF, the City reserves the right to discontinue coverage of IAFF members with a ninety (90) day notice. If the IAFF members have been removed from coverage, or elect to discontinue coverage, VEBA contributions will increase from $10.00 per pay period to $20.00 per pay period for the duration of the contract. IAFF reserves the right to discontinue coverage with a thirty (30) day notice. K. LONGEVITY Effective the first full pay period in October 2019, in 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 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. If an employee separates employment, prorated longevity pay ceases at the end of employment. The following annual longevity pay rate schedule shall apply: 10 years $ 645.50750.00 (Beginning 11th year) 15 years $ 830.501,000.00 (Beginning 16th year) 20 years $1,032.501,250.00 (Beginning 21st year) 25 years $1,247.501,500.00 (Beginning 26th year) Page 221 of 269 31 ARTICLE XIX - 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 offer, nothing in the offer 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 just cause whether arising under this agreement or City work rules. 2. Direct the work force. 3. Hire, assign, or transfer employees. 4. Determine the mission of the City. 5. Determine the methods, means, number of personnel needed to carry out the City's mission. 6. Introduce new or improved methods or facilities. 7. Change existing methods or facilities. 8. Relieve employees because of lack of work. 9. Contract out for goods or services. 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. ARTICLE XX - GENERAL PROVISIONS A. 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. Page 222 of 269 32 B. MATTERS NOT SPECIFICALLY MENTIONED Any and all matters not specifically mentioned in this offer are reserved to the City. Such matters reserved to the City shall not be subject to grievance proceedings during the life of this offer. C. 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 union agrees that it shall deal with City only through the chief administrative officer of the City or designated representative. D. UNION MEETINGS Union meetings shall be allowed at the a City's Fire Station 1. Room requests shall be submitted to the Fire Division Chief. E. UNION CREDENTIALS No representative of the Local 647 Union shall be permitted to come on any job site of the City for any reason without first presenting his or her credentials to the chief administrative officer of the City, or the Fire Chief, and obtaining permission. F. UNION SOLICITATION The union agrees that it or its members will not solicit membership in the union or otherwise carry on union activities during working hours or on City property. G. 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. H. UNION INTERFERENCE The City and the union agree not to interfere with the right of employees to become or not to become members of the union, and further, that there shall be no discrimination or coercion against any employee because of union membership or non-membership. I. PHYSICAL FITNESS PROGRAM The City maintains the right to test for fitness for duty as provided for in the Americans with Disabilities Act for return to work. The Safety Committee, as established by the Fire Department, will review employee fitness and wellness programs and make recommendations to the Chief and City Administrator regarding on going fitness and Page 223 of 269 33 wellness. Any changes to the plan or requirements will be given to the committee for review and recommendation. J. FIRE CHIEF All references herein to the Fire Chief shall mean the head of the department of the City of Grand Island to which the employees covered under this agreement are assigned. The term "Fire Chief" shall include any duly authorized representative acting on behalf of the Fire Chief in accordance with the rules and regulations of the City. ARTICLE XXI - STRIKES AND LOCKOUTS A. STRIKES Neither the union 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 union 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 union authorization, the union 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 union sanction may be summarily discharged or disciplined by the City. B. LOCKOUTS The City will not lock out any employee during the term of the offer as a result of a labor dispute with the union. ARTICLE XXII - DURATION OF OFFER A. EXPIRATION All of the terms, rights, obligations, benefits, and conditions of this offer will expire on September 30, 20236. The City and the Union agree to adhere to the laws of the State of Nebraska with respect to the Industrial Relations Act. B. TERM This labor agreement shall commence upon ratification by both parties on October 1, 201923 and shall continue in full force and effect until Midnight, September 30, 20236. If a new and substitute agreement has not been duly entered into prior to the expiration date, all economic terms of the offer shall continue in full force and effect unless modified in accordance with 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. Page 224 of 269 34 C. CIR WAIVER As a result of negotiations, and in consideration of this entire collective bargaining agreement, the Union, 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 (CIR) 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, 201923 through September 30, 20236. ARTICLE XXIII - SEVERABILITY If any of the provisions of this offer 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 offer shall remain in full force and effect for the duration of this offer. ARTICLE XXIV - SCOPE OF AGREEMENT A. COMPLETE AGREEMENT This constitutes the complete agreement concerning all proper subjects of collective bargaining for the duration of the labor agreement period and supersedes all previous agreements. There are no oral agreements nor is this Agreement based upon any oral representation covering the subject matter of this Agreement. B. INTERPRETATION This Offer has been extended and will be implemented 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 Offer shall be adjudged in accordance with the statutes and laws of the State of Nebraska and of the United States of America. Page 225 of 269 35 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, By Roger G. Steele, Mayor Attest RaNae Edwards, City Clerk INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO, LOCAL 647 President, Phillip ThomasJoe Burrows Page 226 of 269 36 EXHIBIT A – SALARY TABLE FY 2023 - 2024 Page 227 of 269 37 EXHIBIT A STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 FF/EMT HOURLY 16.6877 17.3920 18.1261 18.8911 19.6884 20.5194 21.3854 22.2880 23.2313 5005 BIWEEKLY 1,802.27 1,878.34 1,957.62 2,040.24 2,126.35 2,216.10 2,309.62 2,407.10 2,508.98 MONTHLY 3,904.92 4,069.74 4,241.51 4,420.52 4,607.10 4,801.55 5,004.18 5,215.39 5,436.13 ANNUAL 46,859.02 48,836.84 50,898.12 53,046.24 55,285.10 57,618.60 60,050.12 62,584.60 65,233.48 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 FF/PARAMEDIC HOURLY 18.0399 18.8241 19.6423 20.4961 21.3870 22.3167 23.2867 24.2989 25.3581 5010 BIWEEKLY 1,948.31 2,033.00 2,121.37 2,213.58 2,309.80 2,410.20 2,514.96 2,624.28 2,738.67 MONTHLY 4,221.34 4,404.84 4,596.31 4,796.09 5,004.57 5,222.10 5,449.08 5,685.94 5,933.79 ANNUAL 50,656.06 52,858.00 55,155.62 57,553.08 60,054.80 62,665.20 65,388.96 68,231.28 71,205.42 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 FIRE CAPTAIN HOURLY 22.1366 22.8449 23.5758 24.3301 25.1086 25.9119 26.7410 27.5966 28.4820 5015 BIWEEKLY 2,390.75 2,467.25 2,546.19 2,627.65 2,711.73 2,798.49 2,888.03 2,980.43 3,076.06 MONTHLY 5,179.96 5,345.71 5,516.75 5,693.25 5,875.42 6,063.40 6,257.40 6,457.60 6,664.80 ANNUAL 62,159.50 64,148.50 66,200.94 68,318.90 70,504.98 72,760.74 75,088.78 77,491.18 79,977.56 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 LIFE SAFETY INS HOURLY 25.4583 26.3164 27.2035 28.1205 29.0684 30.0482 31.0611 32.1081 33.1935 5020 BIWEEKLY 2,036.66 2,105.31 2,176.28 2,249.64 2,325.47 2,403.86 2,484.89 2,568.65 2,655.48 MONTHLY 4,412.77 4,561.51 4,715.28 4,874.22 5,038.52 5,208.37 5,383.93 5,565.41 5,753.54 ANNUAL 52,953.16 54,738.06 56,583.28 58,490.64 60,462.22 62,500.36 64,607.14 66,784.90 69,042.48 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 BATTALION CHIEF HOURLY 28.4540 28.9620 29.4790 30.0053 30.5409 31.0861 31.6411 32.2059 32.7824 5025 BIWEEKLY 3,073.03 3,127.90 3,183.73 3,240.57 3,298.42 3,357.30 3,417.24 3,478.24 3,540.50 MONTHLY 6,658.24 6,777.12 6,898.09 7,021.24 7,146.58 7,274.15 7,404.02 7,536.19 7,671.09 ANNUAL 79,898.78 81,325.40 82,776.98 84,254.82 85,758.92 87,289.80 88,848.24 90,434.24 92,053.00 IAFF SALARY TABLES FY 2019 - 2020 Page 228 of 269 38 EXHIBIT B – SALARY TABLE FY 2024 - 2025 Page 229 of 269 39 EXHIBIT B STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 FF/EMT HOURLY 17.0215 17.7453 18.4999 19.2866 20.1068 20.9618 21.8532 22.7825 23.7540 5005 BIWEEKLY 1,838.32 1,916.49 1,997.99 2,082.95 2,171.53 2,263.87 2,360.15 2,460.51 2,565.43 MONTHLY 3,983.03 4,152.40 4,328.98 4,513.06 4,704.99 4,905.06 5,113.66 5,331.11 5,558.44 ANNUAL 47,796.32 49,828.74 51,947.74 54,156.70 56,459.78 58,860.62 61,363.90 63,973.26 66,701.18 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 FF/PARAMEDIC HOURLY 18.4007 19.2064 20.0474 20.9252 21.8415 22.7978 23.7961 24.8380 25.9286 5010 BIWEEKLY 1,987.28 2,074.29 2,165.12 2,259.92 2,358.88 2,462.16 2,569.98 2,682.50 2,800.29 MONTHLY 4,305.78 4,494.30 4,691.10 4,896.50 5,110.91 5,334.68 5,568.29 5,812.09 6,067.30 ANNUAL 51,669.28 53,931.54 56,293.12 58,757.92 61,330.88 64,016.16 66,819.48 69,745.00 72,807.54 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 FIRE CAPTAIN HOURLY 22.5794 23.3018 24.0473 24.8167 25.6107 26.4302 27.2758 28.1485 29.0516 5015 BIWEEKLY 2,438.58 2,516.59 2,597.11 2,680.20 2,765.96 2,854.46 2,945.79 3,040.04 3,137.57 MONTHLY 5,283.59 5,452.62 5,627.08 5,807.10 5,992.92 6,184.67 6,382.55 6,586.76 6,798.07 ANNUAL 63,403.08 65,431.34 67,524.86 69,685.20 71,914.96 74,215.96 76,590.54 79,041.04 81,576.82 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 LIFE SAFETY INS HOURLY 25.9675 26.8428 27.7476 28.6829 29.6498 30.6492 31.6823 32.7503 33.8573 5020 BIWEEKLY 2,077.40 2,147.42 2,219.81 2,294.63 2,371.98 2,451.94 2,534.58 2,620.02 2,708.58 MONTHLY 4,501.04 4,652.75 4,809.59 4,971.70 5,139.29 5,312.54 5,491.59 5,676.71 5,868.59 ANNUAL 54,012.40 55,832.92 57,715.06 59,660.38 61,671.48 63,750.44 65,899.08 68,120.52 70,423.08 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 BATTALION CHIEF HOURLY 29.0231 29.5412 30.0686 30.6054 31.1517 31.7078 32.2739 32.8500 33.4381 5025 BIWEEKLY 3,134.49 3,190.45 3,247.41 3,305.38 3,364.38 3,424.44 3,485.58 3,547.80 3,611.31 MONTHLY 6,791.40 6,912.65 7,036.06 7,161.66 7,289.49 7,419.62 7,552.09 7,686.90 7,824.51 ANNUAL 81,496.74 82,951.70 84,432.66 85,939.88 87,473.88 89,035.44 90,625.08 92,242.80 93,894.06 IAFF SALARY TABLES FY 2020 - 2021 Page 230 of 269 40 EXHIBIT C – SALARY TABLE FY 2025 - 2026 Page 231 of 269 41 EXHIBIT C STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 FF/EMT HOURLY 17.3619 18.1057 18.8814 19.6904 20.5340 21.4137 22.3312 23.2879 24.2884 5005 BIWEEKLY 1,875.09 1,955.42 2,039.19 2,126.56 2,217.67 2,312.68 2,411.77 2,515.09 2,623.15 MONTHLY 4,062.70 4,236.75 4,418.25 4,607.55 4,804.96 5,010.81 5,225.51 5,449.37 5,683.50 ANNUAL 48,752.34 50,840.92 53,018.94 55,290.56 57,659.42 60,129.68 62,706.02 65,392.34 68,201.90 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 FF/PARAMEDIC HOURLY 18.7687 19.5966 20.4609 21.3633 22.3056 23.2894 24.3166 25.3891 26.5120 5010 BIWEEKLY 2,027.02 2,116.43 2,209.78 2,307.24 2,409.00 2,515.26 2,626.19 2,742.02 2,863.30 MONTHLY 4,391.88 4,585.60 4,787.86 4,999.02 5,219.50 5,449.73 5,690.08 5,941.05 6,203.82 ANNUAL 52,702.52 55,027.18 57,454.28 59,988.24 62,634.00 65,396.76 68,280.94 71,292.52 74,445.80 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 FIRE CAPTAIN HOURLY 23.0309 23.7678 24.5283 25.3131 26.1230 26.9588 27.8213 28.7115 29.6326 5015 BIWEEKLY 2,487.34 2,566.92 2,649.06 2,733.81 2,821.28 2,911.55 3,004.70 3,100.84 3,200.32 MONTHLY 5,389.24 5,561.66 5,739.63 5,923.26 6,112.78 6,308.36 6,510.19 6,718.49 6,934.03 ANNUAL 64,670.84 66,739.92 68,875.56 71,079.06 73,353.28 75,700.30 78,122.20 80,621.84 83,208.32 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 LIFE SAFETY INS HOURLY 26.4868 27.3796 28.3025 29.2566 30.2428 31.2622 32.3160 33.4053 34.5345 5020 BIWEEKLY 2,118.94 2,190.37 2,264.20 2,340.53 2,419.42 2,500.98 2,585.28 2,672.42 2,762.76 MONTHLY 4,591.04 4,745.81 4,905.77 5,071.15 5,242.08 5,418.79 5,601.44 5,790.25 5,985.98 ANNUAL 55,092.44 56,949.62 58,869.20 60,853.78 62,904.92 65,025.48 67,217.28 69,482.92 71,831.76 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 BATTALION CHIEF HOURLY 29.6036 30.1321 30.6700 31.2175 31.7748 32.3420 32.9194 33.5070 34.1068 5025 BIWEEKLY 3,197.19 3,254.27 3,312.36 3,371.49 3,431.68 3,492.94 3,555.30 3,618.76 3,683.53 MONTHLY 6,927.25 7,050.92 7,176.78 7,304.90 7,435.31 7,568.04 7,703.15 7,840.65 7,980.99 ANNUAL 83,126.94 84,611.02 86,121.36 87,658.74 89,223.68 90,816.44 92,437.80 94,087.76 95,771.78 IAFF SALARY TABLES FY 2021 - 2022 Page 232 of 269 42 EXHIBIT D STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 FF/EMT HOURLY 17.7091 18.4904 19.3061 20.1578 21.0471 21.9756 22.9450 23.9573 25.0171 5005 BIWEEKLY 1,912.58 1,996.96 2,085.06 2,177.04 2,273.09 2,373.36 2,478.06 2,587.39 2,701.85 MONTHLY 4,143.93 4,326.75 4,517.63 4,716.92 4,925.03 5,142.28 5,369.13 5,606.02 5,854.01 ANNUAL 49,727.08 51,920.96 54,211.56 56,603.04 59,100.34 61,707.36 64,429.56 67,272.14 70,248.10 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 FF/PARAMEDIC HOURLY 19.1441 20.0129 20.9210 21.8704 22.8629 23.9004 24.9850 26.1188 27.3074 5010 BIWEEKLY 2,067.56 2,161.39 2,259.47 2,362.00 2,469.19 2,581.24 2,698.38 2,820.83 2,949.20 MONTHLY 4,479.72 4,683.02 4,895.52 5,117.67 5,349.92 5,592.69 5,846.49 6,111.80 6,389.94 ANNUAL 53,756.56 56,196.14 58,746.22 61,412.00 64,198.94 67,112.24 70,157.88 73,341.58 76,679.20 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 FIRE CAPTAIN HOURLY 23.4916 24.2727 25.0799 25.9139 26.7757 27.6661 28.5861 29.5367 30.5216 5015 BIWEEKLY 2,537.09 2,621.45 2,708.63 2,798.70 2,891.78 2,987.94 3,087.30 3,189.96 3,296.33 MONTHLY 5,497.03 5,679.81 5,868.70 6,063.85 6,265.53 6,473.87 6,689.15 6,911.58 7,142.05 ANNUAL 65,964.34 68,157.70 70,424.38 72,766.20 75,186.28 77,686.44 80,269.80 82,938.96 85,704.58 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 LIFE SAFETY INS HOURLY 27.0165 27.9613 28.9391 29.9510 30.9984 32.0824 33.2043 34.3654 35.5705 5020 BIWEEKLY 2,161.32 2,236.90 2,315.13 2,396.08 2,479.87 2,566.59 2,656.34 2,749.23 2,845.64 MONTHLY 4,682.86 4,846.62 5,016.12 5,191.51 5,373.06 5,560.95 5,755.41 5,956.67 6,165.56 ANNUAL 56,194.32 58,159.40 60,193.38 62,298.08 64,476.62 66,731.34 69,064.84 71,479.98 73,986.64 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 BATTALION CHIEF HOURLY 30.1957 30.7722 31.3597 31.9585 32.5687 33.1905 33.8243 34.4701 35.1300 5025 BIWEEKLY 3,261.14 3,323.40 3,386.85 3,451.52 3,517.42 3,584.57 3,653.02 3,722.77 3,794.04 MONTHLY 7,065.81 7,200.70 7,338.18 7,478.30 7,621.08 7,766.57 7,914.88 8,066.01 8,220.42 ANNUAL 84,789.64 86,408.40 88,058.10 89,739.52 91,452.92 93,198.82 94,978.52 96,792.02 98,645.04 IAFF SALARY TABLES FY 2022 - 2023 Page 233 of 269 R E S O L U T I O N 2023-249 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 International Association of Firefighters, Local No. 647 and WHEREAS, representatives of the City and the IAFF met to negotiate a labor agreement, and WHEREAS, the City reached an agreement with the IAFF 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 International Association of Firefighters, Local No. 647 for the period of October 1, 2023 through September 30, 2026. - - - Adopted by the City Council of the City of Grand Island, Nebraska, on September 26, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 234 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 11.b. Subject: #2023-250 - Consideration of Setting Date for Board of Equalization for Railside Business Improvement District Staff Contact: Brian Schultz, Patrick (Pat) Brown BACKGROUND: On August 14, 2018, the City Council adopted Ordinance #9700 creating the Railside Business Improvement District (BID). The created ordinance established the purpose of the District, described the boundaries, and established that real property in the area would be subject to a special assessment to support the purposes of the District. The created Ordinance requires that a proposed budget for the District be approved by the BID Board and forwarded to the City Council for consideration. On July 12, 2023, the Railside BID Board met and approved the 2023- 2024 budget that provides for a total special assessment of $142,903.94. Which is a six percent increase from the 2023 special assessment. DISCUSSION: The reformation of the Railside BID that occurred in 2018 created the Railside BID as a perpetual entity. In this district, assessments are paid by property owners based on the County assessor’s valuation of the property. Owners will be billed for the assessment after approval by City Council sitting as the Board of Equalization of October 24, 2023. The budgeted assessments of $142,903.94 will be charged to property owners in the district based on their valuations. Notices will be published in the Grand Island Independent on September 29, October 6, and October 13, 2023. Copies of the notice will also be mailed to property owners after the first publication via the method required by State law. FISCAL IMPACT: The change in assessment value will add $8,088.90 of revenue to the Railside BID FY 2023-2024 budget. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve Page 235 of 269 2. Refer the issue back to the BID Board. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends City Council approve the date for the Board of Equalization for Railside Business Improvement District for October 24, 2023. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Railside BID Budget 2023-24 2. Resolution Page 236 of 269 BID BUDGET YEAR: 2023 - 2024 23-24 6% INCOME TYPE Explanation Beginning Cash Green Team Reimbursement, Spirit Tour Tix Sales, etc.$28,885.00 Special Assessments 2023-2024 6% Increase $142,903.94 Donations $0.00 Grants CDBG ($104,695.74 RAP, $100K Trees, $190K Creative Dist.)$394,695.74 Interest $750.00 Railcoin Gift certificate program $0.00 TOTAL INCOME $567,234.68 EXPENSES Personnel - 85105 Director 34,320.00$ Assistant 12,000.00$ Green Team/Coordintor 13,905.00$ FICA - 85115 FICA 8,000.00$ Unemployment - 85165 Unemployment 1,500.00$ Contract Services - 85213 Douglass Bookkeeping 3,700.00$ City Bookkeeping 4,600.00$ Contract Misc 2,000.00$ Event Coordinators 250.00$ Landscaping Refresh 4,500.00$ Equipment Rentals lights, banners etc 1,500.00$ Railcoin Services -$ Marketing Assistant 6,000.00$ Printing/Binding - 85245 Printing, Flyers, Annual Report, Announcement Annual Meeting 500.00$ Snow & Ice Removal - 85249 Snow - Plaza 1,500.00$ Rent - 85340 Office Rent 10,800.00$ Professional Services - 85290 Insurance--Plaza 4,200.00$ Insurance--Auto 500.00$ Insurance--Workers Compensation 918.00$ Website Fee--Squarespace, Viemo, Googleworks Space 480.00$ Utility Services - 85305 Walnut (triangle)600.00$ Wheeler (plaza)600.00$ South West Front St. (plaza)3,500.00$ Backflow Check 300.00$ Repairs & Equipment - 85325 500.00$ Office Copy Machine - 85330 Copy Machine Lease and Copy Charges 1,000.00$ Postage - 85413 Yearly Bill From the City 750.00$ Advertising - 85416 Newspaper 7,800.00$ Vibe 600.00$ Social Media Boosting 300.00$ EV Tour 300.00$ Railside Branded Items 500.00$ Legal Notices - 85419 Monthly Meeting, annual review of property tax 2,750.00$ Dues & Subcriptions/Main Street - 85422 Main Street, Chamber, 501C3, EDC 2,500.00$ Travel & Training - 85428 Green Team Mileage 500.00$ Events/Other - 85490 HEAR GI 3,500.00$ The Big Putt 250.00$ Christmas 6,000.00$ Spirit Tour & Other 3,000.00$ Office Supplies - 85505 Office Phone 780.00$ Other 1,500.00$ Trees & Schrubs - 85560 Removal and replanting 3,000.00$ Planters/ Plaza - 85561 Plants for planters 1,800.00$ Watering 6,900.00$ Sprinkler Repair 750.00$ Mowing 1,500.00$ General Supplies - 85590 Other 980.00$ Green Team 2,500.00$ MISC Other Projects 6,406.93$ TOTAL EXPENSES 2023 - 2024 172,539.93$ MISC Projects Tree/Sidewalk Repair Grant 100,000.00$ MISC Projects CDBG "Rental Assistance Program"104,694.75$ Creative District Projects 190,000.00$ TOTAL EXPENSES W/GRANTS 567,234.68$ Page 237 of 269 R E S O L U T I O N 2023-250 WHEREAS, the City Council has approved the proposed budget of the Railside Business Improvement District for the fiscal year 2023-2024 on July 25, 2023; and WHEREAS, the City has received the assessed values of the individual properties within the Railside Business Improvement District as shown in the office of the Hall County Assessor in effect on the first day of January, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The budget for the Railside Business Improvement District was approved by City Council on July 25, 2023. 2. A proposed assessment schedule shall be prepared. 3. A hearing before the City Council sitting as a Board of Equalization on the proposed assessments shall be held on October 24, 2023 at 7:00 p.m. in the City Council chambers of City Hall 100 East First Street, Grand Island NE. 4. Notice of hearing shall be published once each week for three consecutive weeks in accordance with the Business Improvement District Act. 5. Notice of hearing shall be mailed to all property owners of the Railside Business Improvement District by U.S. Mail, postage prepaid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 238 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 11.c. Subject: #2023-251 - Consideration of Setting Date for Board of Equalization for Parking District #3 (Offstreet Parking) Staff Contact: Brian Schultz, Patrick (Pat) Brown BACKGROUND: Parking District #3 boundaries are the same as the Central Business District boundaries. The boundaries are listed below. The following is background on why the district exists initially and the rules under which it was established and the rules on how it continues to exist. 36-96 Off-Street Parking Requirements 1. Purposes. 1. It is the intent of this section that all buildings and uses shall provide off- street parking and loading facilities in a minimum amount as required herein to meet the needs of such buildings and uses on private property and under the same ownership as such buildings or uses. The accommodations may consist of lots, garages, or other buildings, and accessories; they may be surface facilities or facilities above or under the ground. 2. It is the further intent of this section that all off-street parking and loading spaces and facilities shall be sited and built according to the requirements contained in this section, and shall require an application for and issuance of a building permit pursuant to §8-22. 2. Application. Each building or use hereafter constructed, and each addition to or altered building or use shall be provided with off-street parking and loading spaces as required herein. Each off-street parking space or loading facility and space hereafter constructed, upon proper application and permit being granted shall be sited and constructed pursuant to the requirements of this section. No application for a building permit for such building, addition, alteration, or use shall be approved unless accompanied by a plot plan showing the location and amount of off-street parking and loading spaces as required herein for the existing or proposed building or use and including all such additions or alterations. No occupancy or use permit shall be issued unless the required Page 239 of 269 parking and loading facilities shall have been provided in accordance with the approved plot plan. Requirements shall be applicable to all zones and districts but not to include the following business districts or tracts of land as identified below: 1. Central Business District. Beginning at the intersection of Sycamore Street and First Street; thence westerly on First Street to Pine Street; thence southerly on Pine Street to the southerly boundary of Courthouse Addition; thence westerly along the southerly boundary of Courthouse Addition to Locust Street; thence westerly on Division Street to Walnut Street; thence northerly on Walnut Street to the alley between Division Street and First Street; thence westerly on said alley to Cedar Street; thence northerly on Cedar Street to the alley between Second Street and Third Street; thence westerly on said alley to Elm Street; thence northerly on Elm Street to a point 40 feet north of the southerly right-of-way line of the Union Pacific Railroad; thence easterly parallel to and 40 feet from said right-of-way line to Walnut Street; thence northerly on Walnut Street to a point 100 feet north of the northerly right-of-way line of South Front Street; thence easterly parallel to and 100 feet from said right-of-way line to Kimball Avenue extended; thence southerly on Kimball Avenue extended and Kimball Avenue to the alley between Third Street and Second Street; thence southerly on Sycamore Street to the point of beginning. 2. Fourth Street Business District. Beginning at the intersection of Eddy Street and the alley in the block between Fourth and Fifth Streets; thence easterly on the alley to the intersection of the alley with Sycamore Street; thence southerly on Sycamore Street to 100 feet south of the south right- of-way line of North Front Street; thence westerly on the aforesaid line to its intersection with Eddy Street; thence northerly on Eddy Street to the point of beginning. 3. Tracts of land ten acres or more used for seasonal events (one event every three months) of not more than fourteen consecutive days in duration and a minimum of fourteen days between events 36-97 Schedule Of Minimum Off-Street Parking And Loading Requirements Uses Parking Requirements Loading Requirements Adult entertainment establishments One (1) space per 2 persons of capacity None required Bowling Alleys Four (4) spaces per alley One (1) space per establishment Churches, Synagogues, and Temples One (1) space per 4 seats in main worship area None required Clubs, including fraternal organizations One (1) space per 500 s.f. of net floor area None required College/University One (1) spaces per every two (2) students of occupancy plus one (1) per employee. Two (2) spaces per structure Page 240 of 269 Commercial Uses Agricultural Sales / Service One (1) space per 500 s.f. of net floor area One (1) per establishment Automotive Rental / Sales One (1) space per 500 s.f. of net floor area One (1) per establishment Automotive Servicing Three (3) spaces per repair stall None required Bars, Taverns, Nightclubs Parking equal to 30% of licensed capacity Two (2) spaces per establishment Body Repair Four (4) spaces per repair stall None required Equipment Rental / Sales One (1) space per 500 s.f. of net floor area One (1) Space Campground One (1) space per camping unit None required Commercial Recreation One (1) space per 4 persons of licensed capacity One (1) per establishment Communication Services One (1) space per 500 s.f. of net floor area One (1) per establishment Construction Sales / Service One (1) space per 500 s.f. of net floor area One (1) per establishment Food Sales (limited) One (1) space per 300 s.f. of net floor area One (1) per establishment Food Sales (general) One (1) space per 200 s.f. of net floor area Two (2) per establishment Furniture Sales One (1) space per 500 s.f. of net floor area Two (2) per establishment General Retail Sales establishments One (1) space per 200 s.f. of net floor area One (1) per establishment Laundry Services One (1) space per 200 s.f. of net floor area None required Restaurants (General) Parking equal to 2 of every 5 seats Two (2) spaces per establishment Convalescent and Nursing Home Services One (1) space per 3 beds plus 1 per employee on the largest shift Two (2) space per structure Day Care One (1) space per employee plus 1 space or loading stall per each 10 persons of licensed capacity None required Educational Uses, Primary facilities Two (2) spaces per classroom Two (2) spaces per structure Educational Uses, Secondary facilities Eight (8) spaces per classroom plus 1 space per employee on largest shift Two (2) spaces per structure Funeral Homes and Chapels Eight (8) spaces per reposing room Two (2) spaces per establishment Group Care Facility One (1) space per 4 persons of licensed capacity Two (2) space per structure Group Home One (1) space per 4 persons of licensed capacity Two (2) space per structure Guidance Services One (1) space per 300 s.f. of net floor area None required Hospitals One and one-half (1 1/2) spaces per 2 licensed beds; plus, .75 times the maximum Three (3) spaces per structure Page 241 of 269 number of employees during the largest shift. Hotels and Motels One (1) space per rental unit One (1) space per establishment Housing Assisted-living facilities One (1) space per two dwelling unit plus 1 space per employee on the largest shift One (1) per structure Duplex Two (2) spaces per dwelling unit None required Independent (restricted) facilities One (1) space per dwelling unit None required Multi-family / Apartments Two (2) spaces per dwelling unit None required Single-family, attached & detached Two (2) spaces per dwelling unit None required Industrial Uses .75 times the maximum number of employees during the largest shift Two (2) spaces per establishment Libraries One (1) space 500 s.f. of net floor area One (1) per structure Boarding Houses / Bed and Breakfasts One (1) space per rental units None required Medical Clinics Five (5) spaces per staff doctor, dentist, chiropractor None required Manufactured Home Park Two (2) per dwelling unit None required Offices and Office Buildings One (1) space per 200 s.f. of net floor area None required Roadside stands Four (4) spaces per establishment None required Service Oriented Establishments One (1) space per 200 s.f. of net floor area One (1) per establishment Theaters, Auditoriums, and Places of Assembly One (1) space per 4 persons of licensed capacity One (1) space per establishment Veterinary Establishments Three (3) spaces per staff doctor None required Wholesaling / Distribution Operations One (1) space per 2 employees on the largest shift Two (2) spaces per establishment Since the Central Business District does not have to abide by the parking rules as highlighted above, the City has opted to use the Offstreet Parking District Act to establish a district for parking along with a special assessment to property owners. The following is additional background on the rules and requirements of that act. State of Nebraska Revised Statute Sections 19-3301 to 19-3326 shall be known and may be cited as the Offstreet Parking District Act. Section 19-3315 (3) A special assessment against the real property located in an offstreet parking district Page 242 of 269 to the extent of special benefit thereto for the purpose of paying all or any part of the costs of maintenance, repair, and reconstruction of such offstreet parking facility in the district. The mayor and city council may levy such assessments under either of the following methods: (a) The mayor and city council may, not more frequently than annually, determine the costs of maintenance, repair, and reconstruction of such facility and such costs shall be assessed to the real property located in such district as provided by section 19-3314. At the hearing on such assessments, objections may be made to the total costs and the proposed allocation of such costs among the parcels of real property in such district; or (b) after notice is given to the owners as provided in section 19-3314, the mayor and city council may establish and may change from time to time the percentage of such costs of maintenance, repair, and reconstruction which each parcel of real property in any district shall pay. Thereafter, the mayor and city council shall annually determine the total amount of such costs for each period since costs were last assessed and shall after a hearing assess such costs to the real property in the district in accordance with the percentages previously established or as established at such hearing. Notice of such hearing shall be given as provided in section 19-3314 and shall state the total cost and percentage to be assessed to each parcel of real property. Unless written objections are filed with the city clerk at least five days before the hearing, all objections to the amount of total costs and the assessment percentages shall be deemed to have been waived and assessments shall be levied as stated in such notice unless the mayor and city council reduce any assessment. At such hearing, the assessment percentage for the assessment of costs in the future may be changed. The following is additional background that was presented to City Council in 2019 upon the creation of Parking District #3. NEBCO, Inc. v. Bd. of Equalization of City of Lincoln, 250 Neb. 81, 547 N.W.2d 499 (1996): Special assessments are charges imposed by law on land to defray the expense of a local municipal improvement on the theory that the property has received special benefits from the improvements in excess of the benefits accruing to property or people in general. An assessment may not be arbitrary, capricious, or unreasonable but the law does not require that a special assessment correspond exactly to the benefits received. The most any officer or any tribunal can do is to estimate the benefits to each tract of real estate upon as uniform a plan as may be in the light afforded by available information. Unreasonableness can be shown if the board, in its assessment, treats similarly situated people differently. Absent evidence to the contrary, it will be presumed that a special assessment was arrived at with reference only to the benefits which accrued to the property affected. The validity of an assessment is further aided by the presumption of law that all real Page 243 of 269 estate is benefited to some degree from the improvement on which it abuts or in a district of which the property assessed is a part. Reasonable prospective uses of the property may be considered in determining whether the property has benefited. Exemption from Property Tax Subject to limitations stated, Nebraska Revised Statute Sec. 77-202, exempts property of the state, governmental subdivisions, and educational, religious, charitable, and cemetery organizations from property tax. No constitutional or statutory authority exists for exemption of such property from special assessments. The following is current background on the district and some current information from the last few years to give added context to how it functions in practice. The creation of Parking District #3 occurred January 8, 2019. Through formation of Off- street Parking District No. 3 and the levy of special assessments, the financial burden of maintaining off-street parking lots will be distributed among the owners of all properties within the district irrespective of the use of the property, whether business, retail, government, religious, or nonprofit. This will achieve a fairer and more equitable distribution of the financial burden among all properties specially benefitted by the availability of convenient free off-street parking within the district. The fiscal year 2023-2024 recommended budget for Parking District #3 is $335,400 in total, $250,000 is for the reconstruction of a public parking lot. $200,000 of the $250,000 is general fund transfers over a two-year period. The difference is prior year savings from low snow removal years built up over the last few years. For fiscal year 2023-2024, $45,000 is earmarked for snow removal. For historical information, please see the Finance Department’s web page for prior budgets. Parking District #3 has not assessed enough funds to cover maintenance and reconstruction of all the parking lots in the district. For fiscal years 2022, 2023, and 2024, the general fund transferred funds to help facilitate the reconstruction of two lots. Without a significant increase to the special assessment recommended amount, the practice of subsidizing the Parking District #3 will continue. City Council as Board of Equalization will be authorized to establish special assessment credits/offsets for private parking spaces provided within the district. DISCUSSION: Property owners within the District will be charged a special assessment based on the entire square footage of their buildings. The square footage is based on the information obtained from the County Assessor; however, if square footage was not available from the Assessor then a calculation was done based on outer building dimensions and the number of floors. The total square footage for Parking District #3 is 1,653,492. The special assessment charge for the 2022-2023 year to be collected in 2023-2024 fiscal year is $83,470 or $0.0505/square foot. Page 244 of 269 Property owners who have parking within their property that is open to the public, customers or users of the building can apply for a $/space credit. This credit can reduce the amount owed for that property or other properties owned by the same owner within 300 feet down to a minimum of $0. Any excess that cannot be used will not be paid out to the property owner or credited to other properties more than 300 feet away. Multiple $/space credits scenarios were developed and are presented below for future consideration at the board of equalization meeting for approval. Scenario #1 – No credit given, Parking District #3 collects the full special assessment amount. Scenario #2 - $10 credit given, Parking District #3 would have an estimated credit amount of $7,182, leaving $76,288 of the special assessment amount collectible. Scenario #3 - $20 credit given, Parking District #3 would have an estimated credit amount of $12,842, leaving $70,628 of the special assessment amount collectible. The following is what has been assessed vs collected since adoption in 2019. The variance from assessed to collected is a combination of credits and people that have not paid. FY18-19 - Assessed $68,479 and collected $55,858 FY19-20 - Assessed $68,543 and collected $62,827 FY20-21 - Assessed $70,109 and collected $62,815 FY21-22 - Assessed $71,850 and collected $67,200 YTD FISCAL IMPACT: The recommended assessment value is an overall increase of $10,000 from the prior year budget. 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 presented in this motion. RECOMMENDATION: City Administration recommends that the Council set the date of October 24, 2023 for the Board of Equalization. Notice of the Hearing and proposed assessments will be published according to State Statutes. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Resolution Page 245 of 269 R E S O L U T I O N 2023-251 WHEREAS, the City has received the square footage of the individual properties within the Parking District #3 as shown in the office of the Hall County Assessor in effect on the first day of January, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. A proposed assessment schedule shall be prepared. 2. A hearing before the City Council sitting as a Board of Equalization on the proposed assessments shall be held on October 24, 2023 at 7:00 p.m. in the City Council chambers of City Hall 100 East First Street, Grand Island NE. 3. Notice of hearing shall be published once each week for three consecutive weeks. 4. Notice of hearing shall be mailed to all property owners of the Parking District #3 by U.S. Mail, postage prepaid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ Jill Granere, Deputy City Clerk Page 246 of 269 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: September 26, 2023 Item #: 12.a. Subject: #9947 - Consideration of Approving Salary Ordinance Staff Contact: Aaron Schmid 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 and the International Association of Firefighters, Local No. 647 effective October 1, 2023. The ordinance amends the following: • Adds Paramedic incentive pay, • Amends uniform allowance, • Amends longevity pay rates, and • Amends wages for the classifications covered in the collective bargaining agreement. The ordinance also includes a classification correction to the Communication Manager position. FISCAL IMPACT: There is no fiscal impact. 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. Page 247 of 269 4. Take no action on the issue presented in this motion. RECOMMENDATION: City Administration recommends that the Council approve proposed Salary Ordinance. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Ordinance Page 248 of 269 ORDINANCE NO. 99479939 An ordinance to amend Ordinance 9937 9939 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 non-union employees; to amend the salary ranges, uniform allowance and longevity pay and to add Paramedic incentive pay for those employees covered under the IAFF labor agreement; AFSCME labor agreement; to amend the salary ranges for those employees covered under the FOP labor agreement; to amend the salary ranges for those employees covered under the IBEW Service/Clerical/Finance labor agreement; to amend the salary ranges for those employees covered under the IBEW Utilities labor agreement; to amend the salary ranges for those employees covered under the IBEW Wastewater Treatment Plant labor agreement; to remove the non-union positions and salary ranges for Accounting Technician-Solid Waste, Library Assistant II-Part Time and Underground Technician; to add the IBEW Utilities position and salary range of Underground Technician; to add the non-union positions and salary ranges for Communications Manager, Paralegal, and Records Supervisor; to correct overtime eligibility for the non-union position of Communications Manager and to repeal those portions of Ordinance No. 9937 9939 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by Personnel Rules & Regulations) to be paid for such Page 249 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 2 - 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 31.4370/45.7485 Exempt Administrative Assistant –Building – Part Time 20.6479/30.0985 40 hrs/week Administrative Coordinator – Public Works 25.3155/41.3490 40 hrs/week Airport Police Officer – Part Time 31.5000 40 hrs/week Assistant City Administrator 72.7693/94.8528 Exempt Assistant Finance Director 41.5485/60.3330 Exempt Assistant Public Works Director/Engineering 55.7130/82.8555 Exempt Assistant Public Works Director of Wastewater 55.7130/82.8555 Exempt Assistant Utilities Director – Engineering/Business Operations 75.0750/102.6480 Exempt Assistant Utilities Director – Production 75.0750/102.6480 Exempt Assistant Utilities Director – Transmission 75.0750/102.6480 Exempt Attorney 47.5020/67.7355 Exempt Cemetery Superintendent 30.5865/45.2655 Exempt Chief Building Official 41.4299/60.3583 Exempt City Administrator 90.9615/118.5660 Exempt City Attorney 63.7875/84.8400 Exempt City Clerk 40.3620/56.1120 Exempt Civil Engineer I – PW/Eng., PW/WWTP 33.1065/46.2840 Exempt Civil Engineer I – Utilities 36.0675/51.2190 Exempt Civil Engineer II – PW/Eng., PW/WWTP 40.5615/57.5610 Exempt Civil Engineer II – Utilities 43.0080/62.3175 Exempt Collection System Supervisor 32.2875/43.3965 40 hrs/week Communications Manager 35.2673/49.2855 40 hrs/weekExem pt Community Development Director 56.4375/83.4225 Exempt Community Development Administrator 32.3820/44.6775 40 hrs/week Community Service Officer – Part time 20.3457/26.6624 40 hrs/week Custodian –Police Part Time 17.5245/24.9165 40 hrs/week Customer Service Representative 20.8635/27.6780 40 hrs/week Customer Service Team Leader 24.4965/36.4770 Exempt Deputy City Clerk 32.2875/44.8875 40 hrs/week Electric Distribution Superintendent 49.5285/66.3390 Exempt Page 250 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Electric Distribution Supervisor 45.6750/61.1625 40 hrs/week Electric Underground Superintendent 49.5285/66.3390 Exempt Electrical Engineer I 35.4165/52.5000 Exempt Electrical Engineer II 43.1130/60.9840 Exempt Emergency Management Deputy Director 34.4925/51.2715 Exempt Emergency Management Director 54.6525/75.4635 Exempt Engineering Technician I – PW/WWTP 26.5230/34.0725 40 hrs/week Engineering Technician II – PW/WWTP 32.9175/42.6615 40 hrs/week Equipment Operator – Solid Waste 25.1160/32.3505 40 hrs/week Evidence Technician – Part Time 22.8715/32.3923 40 hrs/week Finance Director 56.8680/82.4040 Exempt Finance Operations Supervisor 32.4660/43.5750 Exempt Fire Chief 60.9000/85.6485 Exempt Fire EMS Division Chief 50.4315/65.8560 Exempt Fire Operations Division Chief 50.4315/65.8560 Exempt Fire Prevention Division Chief 50.4315/65.8560 Exempt Fleet Services Shop Foreman 33.0000/45.9585 40 hrs/week GIS Coordinator – PW 35.9520/50.2425 Exempt Grants Administrator 30.0300/45.7590 40 hrs/week Grounds Management Crew Chief – Cemetery 27.8250/36.8760 40 hrs/week Grounds Management Crew Chief – Parks 28.3605/38.3145 40 hrs/week Human Resources Director 54.6525/75.4635 Exempt Human Resources Benefits/Risk Mgmt Coordinator 33.3270/46.3050 40 hrs/week Human Resources Recruiter 33.3270/46.3050 40 hrs/week Human Resources Specialist 33.3270/46.3050 40 hrs/week Information Technology Manager 50.9460/71.7255 Exempt Interpreter/Translator 21.0630/29.0115 40 hrs/week Legal Secretary 25.5150/37.6110 40 hrs/week Librarian I 29.5470/39.9420 Exempt Librarian II 32.1805/43.6275 Exempt Library Assistant I – Part Time 21.6751/27.9351 40 hrs/week Library Director 54.0120/76.2055 Exempt Library Page – Part Time 16.2855/19.8345 40 hrs/week Library Secretary 23.0685/27.3315 40 hrs/week Maintenance Worker – Cemetery Part Time 23.6306/30.5754 40 hrs/week Meter Reader – Part Time 25.6481/32.0370 40 hrs/week Page 251 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Meter Reader Supervisor 35.3010/48.4680 Exempt MPO Program Manager 36.1410/52.9305 Exempt Office Manager 30.5655/38.9445 40 hrs/week Paralegal 25.5150/37.6110 40 hrs/week Parks and Recreation Director 55.9020/77.5320 Exempt Parks Superintendent 40.8660/59.9760 Exempt Payroll Specialist 27.5205/38.5245 40 hrs/week Planner I 34.4400/47.1555 40 hrs/week Police Captain 48.9720/65.5935 Exempt Police Chief 65.5499/88.0475 Exempt Power Plant Maintenance Supervisor 46.5255/65.4045 Exempt Power Plant Operations Supervisor 49.8509/68.1294 Exempt Power Plant Superintendent – PGS 60.1020/87.1920 Exempt Public Safety Apprentice – Part Time 20.3457/26.6624 40 hrs/week Public Works Director 88.3414/113.5818 Exempt Records Supervisor 22.9450/30.7283 40 hrs/week Recreation Coordinator 29.5050/42.0945 Exempt Recreation Superintendent 39.1440/55.8600 Exempt Regulatory and Environmental Manager 50.7465/68.1166 Exempt Senior Civil Engineer – PW/Eng., PW/WWTP 45.4020/64.7430 Exempt Senior Civil Engineer – Utilities 52.6365/73.1325 Exempt Senior Electrical Engineer 49.8728/74.2140 Exempt Senior Engineering Technician – PW/WWTP 36.5925/45.6540 40 hrs/week Senior Public Safety Dispatcher 26.2815/35.3640 40 hrs/week Senior Utility Secretary 21.5250/30.9645 40 hrs/week Shooting Range Superintendent 39.1440/55.8600 Exempt Solid Waste Division Clerk 25.0950/32.4660 40 hrs/week Solid Waste Foreman 29.8515/41.8740 40 hrs/week Solid Waste Superintendent 41.4330/57.1305 Exempt Street Superintendent 39.0495/56.3220 Exempt Street Foreman 33.0000/44.9400 40 hrs/week Transit Program Manager 39.1650/58.7370 Exempt Utilities Director 101.6505/144.7005 Exempt Utility Production Engineer 52.2165/73.6470 Exempt Utility Warehouse Supervisor 33.4110/46.5675 40 hrs/week Victim Assistance Unit Coordinator 25.3575/35.2800 40 hrs/week Page 252 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 5 - Classification Hourly Pay Range Min/Max Overtime Eligibility Victim/Witness Advocate 19.0155/26.4600 40 hrs/week Wastewater Plant Chief Operator 32.8125/46.2000 40 hrs/week Wastewater Plant Operations Engineer 49.9946/69.8306 Exempt Wastewater Plant Maintenance Supervisor 33.1275/44.6250 40 hrs/week Wastewater Plant Regulatory Compliance Manager 36.1620/51.4605 Exempt Water Superintendent 42.5775/58.3065 Exempt Water Supervisor 38.0968/49.4865 40 hrs/week Worker / Seasonal 10.5000/31.5000 Exempt Worker / Seasonal 10.5000/31.5000 40 hrs/week Worker / Temporary 10.5000/31.5000 40 hrs/week Worker / Parks & Recreation Part time 10.5000/31.5000 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 23.4936/31.8598 40 hrs/week Fleet Services Mechanic 26.4140/36.5152 40 hrs/week Page 253 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 6 - Classification Hourly Pay Range Min/Max Overtime Eligibility Horticulturist 27.5177/36.5499 40 hrs/week Library Assistant I 21.6751/27.9351 40 hrs/week Library Assistant II 22.8963/30.8094 40 hrs/week Maintenance Worker – Cemetery 23.6306/30.5754 40 hrs/week Maintenance Worker – Parks 21.8742/30.1530 40 hrs/week Maintenance Worker – Streets 22.5417/30.4295 40 hrs/week Senior Equipment Operator – Streets 25.9567/35.1132 40 hrs/week Senior Maintenance Worker – Streets 25.7821/34.6976 40 hrs/week Traffic Signal Technician 27.7150/36.0032 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 23.7510/31.6728 40 hrs/week Custodian 17.3168/22.8966 40 hrs/week Electric Distribution Crew Chief 41.2185/51.5199 40 hrs/week Electric Underground Crew Chief 41.2185/51.5199 40 hrs/week Engineering Technician I 27.7521/34.6136 40 hrs/week Engineering Technician II 34.4290/42.2553 40 hrs/week Instrument Technician 39.3283/50.1348 40 hrs/week Lineworker Apprentice 29.4805/40.8975 40 hrs/week Lineworker First Class 37.5573/46.3877 40 hrs/week Materials Handler 32.8883/41.8332 40 hrs/week Meter Reader 25.6481/32.0370 40 hrs/week Meter Technician 35.2748/40.0472 40 hrs/week Power Dispatcher I 38.3006/47.5153 40 hrs/week Power Dispatcher II 42.7388/53.8114 40 hrs/week Power Plant Maintenance Mechanic 36.7169/45.4084 40 hrs/week Page 254 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility Power Plant Operator 40.1100/46.5288 40 hrs/week Senior Engineering Technician 38.2754/47.7521 40 hrs/week Senior Materials Handler 37.6557/52.2044 40 hrs/week Senior Power Dispatcher 46.8136/59.4072 40 hrs/week Senior Power Plant Operator 46.1582/53.5095 40 hrs/week Senior Substation Technician 41.5564/49.1113 40 hrs/week Senior Water Maintenance Worker 28.5856/37.4160 40 hrs/week Substation Technician 41.3497/47.1773 40 hrs/week Systems Technician 44.1115/49.4701 40 hrs/week Tree Trim Crew Chief 37.8131/47.5319 40 hrs/week Underground Technician 27.0901/39.9872 40 hrs/week Utility Electrician 36.7799/46.7875 40 hrs/week Utility Groundman 25.9078/32.6757 40 hrs/week Utility Secretary 21.4551/29.4935 40 hrs/week Utility Technician 35.8592/48.3313 40 hrs/week Utility Warehouse Clerk 27.8327/34.7704 40 hrs/week Water Maintenance Worker 26.9577/35.4742 40 hrs/week Wireworker I 27.0901/39.9872 40 hrs/week Wireworker II 37.5573/46.3877 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 30.1600/42.6400 Police Sergeant 40.5600/48.8800 Police Lieutenant 43.6800/56.1600 OVERTIME ELIGIBILITY Page 255 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 8 - The City has reserved its right to the utilization of the 207(k) FLSA exemption. 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, bereavement 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. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Any Police Officer assigned as a Field Training Officer shall, in addition to his/her regular salary, be paid Two dollars ($2.00) per hour while actively working with a trainee or other issues directly concerning a trainee. A lateral hiring incentive is provided, namely for certified applicants, Five Thousand dollars ($5,000) certification credit and fifty (50) hours of compensatory time if eligible. A referral incentive is provided for existing Officers who successfully recruit applicants, specifically, a Three Hundred dollar ($300) incentive for the referral of one non-certified applicant who makes the Civil Service eligibility list; a Five Hundred dollar ($500) incentive for the referral of two or more non-certified applicants who make the Civil Service eligibility list; a Five Hundred dollar ($500) incentive for the referral of one or more certified applicants who make the Civil Service eligibility list; and a One Thousand Seven Hundred dollar ($1,700) incentive if one or more of the referred applicants is hired. A retention incentive will offered to active sworn Officers’ for the life of the contract with final payment made in October of 2025. Each current employee as of October 1, 2022, who Page 256 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 9 - maintains active employment status, will receive a lump sum payment in the first full pay period of the dates specified in the following schedule: Completion of Contract Year 2022-2023: $5,000.00 (paid in October 2023) Completion of Contract Year 2023-2024: $3,000.00 (paid in October 2024) Completion of Contract Year 2024-2025: $2,000.00 (paid in October 2025) Employees hired between October 2, 2022 and October 1, 2024 will receive a retention incentive after completing a full contract year of service. The amount paid will correspond with the applicable contract year completed. Designated Officers who are covered under the FOP labor agreement and are assigned to specialized assignments that routinely involve changes in schedules for training purposes, call in for duty, and/or specialized training and certifications as listed below are eligible for additional compensation. Tier I specialized assignments will receive an additional sixty cents ($0.60) per hour. Tier II specialized assignments will receive an additional thirty cents ($0.30) per hour. Officers shall only be compensated for one (1) Tier I assignment and one (1) Tier II assignment regardless of how many assignments they may possess within that Tier. Maximum specialty pay will be ninety cents ($0.90) per hour which is equal to a Tier I and Tier II assignment. Tier I Tier II SWAT All Department Designated Instructors: Police K9 Firearms Drug Recognition Expert Defensive Tactics Accident Reconstruction Team Less Lethal CERT/Hostage Negotiator Drone SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such Page 257 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 10 - classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 23.4916/30.5216 25.8200/32.4400 212 hrs/28 days Firefighter / EMT 17.7091/25.0171 19.1000/26.5800 212 hrs/28 days Firefighter / Paramedic 19.1441/27.3074 21.0400/28.8500 212 hrs/28 days Life Safety Inspector 27.0165/35.5705 29.0500/36.6800 40 hrs/week Battalion Chief 30.1957/35.1300 32.2600/38.0500 212 hrs/28 days IAFF employees, with the exception of the Life Safety Inspector, will be eligible for overtime pay for hours worked in excess of 212 hours in each 28-day pay period, unless recall or mandatory overtime is required as specified in the IAFF labor agreement. When an employee is assigned as an Apparatus Operator (not including ambulance or service vehicles) the employee will receive an additional fifty cents ($.50) per hour. When a Firefighter/Paramedic is designated as the primary ambulance attendant, the employee will receive an additional one dollar and 50 cents ($1.50) per hour. If a Fire Captain is forced to ride in a dual-role capacity, meaning operating as both a captain and engine paramedic, the Captain will receive an additional one dollar and 50 cents ($1.50) 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 employees included under the IBEW Wastewater Treatment Plant labor agreement shall work prior to overtime eligibility are as follows: Page 258 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 11 - Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 23.1102/30.6610 40 hrs/week Administrative Assistant – WWTP 20.6479/30.0985 40 hrs/week Biosolids Technician 27.7373/39.4318 40 hrs/week Equipment Operator – WWTP 24.2267/32.7753 40 hrs/week FOG Program Manager 29.8649/40.8855 40 hrs/week Lead Maintenance Mechanic 29.1644/38.7231 40 hrs/week Lead Maintenance Worker 26.0480/35.7413 40 hrs/week Lead Wastewater Plant Operator 28.6693/40.1383 40 hrs/week Maintenance Mechanic I 24.7395/33.3340 40 hrs/week Maintenance Worker – WWTP 23.9941/31.9235 40 hrs/week Senior Equipment Operator 28.1160/36.1260 40 hrs/week Stormwater Program Manager 29.8649/40.8855 40 hrs/week Wastewater Plant Laboratory Technician 26.4864/35.1217 40 hrs/week Wastewater Plant Operator I 23.7291/31.3757 40 hrs/week Wastewater Plant Operator II 26.3884/35.1486 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 20.3891/27.3685 40 hrs/week Accounting Technician – Streets 21.9186/29.9442 40 hrs/week Accounts Payable Clerk 22.5632/30.4379 40 hrs/week Administrative Assistant-Bldg, Fire, Parks, Planning 20.6479/30.0985 40 hrs/week Audio Video Technician 27.6247/37.9287 40 hrs/week Building Inspector 27.8214/38.3517 40 hrs/week Cashier 20.6688/26.3921 40 hrs/week Community Service Officer 20.3457/26.6624 40 hrs/week Computer Technician 25.6072/37.9642 40 hrs/week Crime Analyst 29.5398/39.2809 40 hrs/week Electrical Inspector 27.9573/38.2129 40 hrs/week Page 259 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 12 - Emergency Management Coordinator 25.7809/34.6904 40 hrs/week Engineering Technician I – Public Works 26.0178/33.4235 40 hrs/week Engineering Technician II – Public Works 32.2905/41.8489 40 hrs/week Evidence Technician 22.8715/32.3923 40 hrs/week GIS Coordinator 35.2672/49.2855 40 hrs/week Maintenance Worker I – Building, Library, Police 19.3665/26.0340 40 hrs/week Maintenance Worker II – Building, Library, Police 22.2254/29.6254 40 hrs/week Payroll Clerk 23.8554/33.4805 40 hrs/week Plans Examiner 27.8262/41.0189 40 hrs/week Plumbing/Mechanical Inspector 27.8955/37.6548 40 hrs/week Police Records Clerk 20.5508/27.5219 40 hrs/week Public Safety Apprentice 20.3457/26.6624 40 hrs/week Public Safety Dispatcher 23.2028/31.2214 40 hrs/week Senior Accounting Clerk 22.8413/30.7627 40 hrs/week Senior Engineering Technician – Public Works 35.8955/44.7844 40 hrs/week Shooting Range Operator 26.6273/35.8338 40 hrs/week Systems Technician 44.1115/49.4701 40 hrs/week Wastewater Secretary 21.2825/29.9047 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 fifty cents ($0.50) 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 seventy-five cents ($0.75) 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 fifty cents ($0.50) 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 Public Safety Dispatcher who work a complete shift between 3:00 p.m. Page 260 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 13 - and 11:00 p.m. A shift differential of seventy-five cents ($0.75) 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 $0.50 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 Two dollars ($2.00) 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 One Dollar ($1.00) 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 the night shift will receive an additional one dollar ($1.00) per hour for wages attributable to those shifts. 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, except Life Safety Inspector, after their first yearcompleting probation, except Life Safety Inspector, will be creditedreceive Five Page 261 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 14 - Hundred Twenty-fiveTwo-Hundred Seventy-Five dollars ($525275.00) semi-annually credit to be used for the purchase of the uniform items 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 Five-hundred fifty dollars ($550.00) semi-annually. 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 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 and the non-union Public Safety Apprentice 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 and full time Public Safety Apprentices 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) Page 262 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 15 - pay periods. Police Chief and Police Captains shall be paid a clothing allowance of One- thousand one-hundred dollars ($1,100.00) 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-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. Employees covered by the IBEW Utilities 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 unscheduled overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are covered by labor agreements which allow overtime meal allowance shall be entitled to the same meal allowance benefit. Non-exempt direct supervisors of employees who are covered by labor agreements which allow stand-by pay shall be entitled to the same stand-by pay benefit. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, Page 263 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 16 - 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, the non-union position of Meter Reader – Part Time, 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 Fifty dollars ($50.00) 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 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 Page 264 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 17 - and thirty-four hundredthsthree-tenths 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 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 six hundred nine and one-half (609.5) hours [calculated at 53% x 1,150 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 Page 265 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 18 - 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 forty percent (40%) for their accumulated medical leave at separation of employment after sixteen (16) years of sworn officer service and fifty (50) years of age; fifty percent (50%) for their accumulated medical leave at separation of employment after twenty (20) years of sworn Officer service and fifty-five (55) years of age. An employee’s beneficiary shall be paid fifty percent (50%) of accumulated medical leave an employee’s death not occurring in the line of duty. An employee’s beneficiary shall be paid one hundred percent (100%) of an employee’s 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. Years of service includes time at a previous agency as a sworn Officer and service must be verified. The payout for medical leave shall be made to a VEBA made on their behalf in lieu of payment. (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. Page 266 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 19 - (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, 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. 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 based upon the total length of service with the City or as a sworn officer with another agency: Officer Five (5) years (beginning 6th year) $ 350.00 Ten (10) years (beginning 11th year) $ 650.00 Fifteen (15) years (beginning 16th year) $1,000.00 Twenty (20) years (beginning 21st year) $1,350.00 Twenty-five (25) years (beginning 26th year) $1,750.00 Sergeant and Five (5) years (beginning 6th year) $ 375.00 Page 267 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 20 - Lieutenant Ten (10) years (beginning 11th year) $ 650.00 Fifteen (15) years (beginning 16th year) $1,250.00 Twenty (20) years (beginning 21st year) $1,700.00 Twenty-five (25) years (beginning 26th year $2,400.00 Non-union employees shall receive longevity pay on a prorated basis each regular pay day as follows: Five (5) years (beginning 6th year) $ 250.00 Ten (10) years (beginning 11th year) $ 500.00 Fifteen (15) years (beginning 16th year) $ 750.00 Twenty (20) years (beginning 21st year) $ 1,150.00 Twenty-five (25) years (beginning 26th year) $ 1,650.00 Those employees who are represented by the AFSCME labor agreement shall annually receive longevity pay as follows: Five (5) years (beginning 6th year) $ 250.00 Ten (10) years (beginning 11th year) $ 500.00 Fifteen (15) years (beginning 16th year) $ 750.00 Twenty (20) years (beginning 21st year) $ 1,000.00 Twenty-five (25) years (beginning 26th year) $ 1,500.00 Those employees who are represented by the IBEW-Wastewater Treatment Plant shall annually receive longevity pay as follows: Five (5) years (beginning 6th year) $ 250.00 Ten (10) years (beginning 11th year) $ 500.00 Fifteen (15) years (beginning 16th year) $ 750.00 Twenty (20) years (beginning 21st year) $1,000.00 Twenty-five (25) years (beginning 26th year) 1,500.00 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) $ 645.50750.00 Fifteen (15) years (beginning 16th year) $ 830.501,000.00 Twenty (20) years (beginning 21st year) $1,032.501,250.00 Twenty-five (25) years (beginning 26th year) $1,247.501,500.00 Page 268 of 269 ORDINANCE NO. 9947 9939 (Cont.) - 21 - Those employees who are represented by the IBEW Service/Clerical/Finance labor agreement shall annually receive longevity pay as a lump sum payment on the payroll which includes their anniversary date 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 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 8, 2023. SECTION 14. Those portions of Ordinance No. 9937 9939 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: August 22September 26, 2023 Roger G. Steele, Mayor Attest: Jill Granere, Deputy City Clerk Page 269 of 269