09/28/2010 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
September 28, 2010
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on September 28, 2010. Notice of the meeting was given in The Grand Island
Independent on September 22, 2010.
Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members
were present: Meyer, Niemann, Dugan, Ramsey, Zapata and Gericke. Councilmember's Gilbert,
Haase, Carney, and Nickerson were absent. The following City Officials were present: City
Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director Mary Lou Brown,
City Attorney Dale Shotkoski, and Public Works Director Steve Riehle.
INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council
members Andres Gamboa, Reyna Raymundo and Board Member Jarod Stockwell. Mayor
Hornady thanked Lee Elliott for his 10 years of service on the Community Redevelopment
Authority Board.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "Public Power Week" October 3-9, 2010. Mayor Hornady proclaimed the week of
October 3-9, 2010 as "Public Power Week". Utilities Director Gary Mader was present to receive
the proclamation.
PUBLIC HEARING
Public Hearing on Request from Rezac Enterprizes, Inc. dba Tiki Lounge, 3333 Ramada Road
for a Class "C" Liquor License. RaNae Edwards, City Clerk reported that an application for a
Class "C" Liquor License had been received from Rezac Enterprizes, Inc. dba Tiki Lounge, 3333
Ramada Road. Ms. Edwards presented the following exhibits for the record: application
submitted to the Liquor Control Commission and received by the City on August 30, 2010;
notice to the general public of date, time, and place of hearing published on September 18, 2010;
notice to the applicant of date, time, and place of hearing mailed on August 30, 2010; along with
Chapter 4 of the City Code. Staff recommended denial based on the Police Department report.
Bill Francis, Attorney, 222 North Cedar Street, for the applicant spoke in support. No further
public testimony was heard.
Public Hearin o~quisition of Utility Easement Located South of Capital Avenue and West of
Lynn Lane in Merrick County (Joel Leetch & Janet Stryker). Gary Mader, Utilities Director
reported that a utility easement was needed south of Capital Avenue and west of Lynn Lane in
Merrick County in order to have access to install, upgrade, maintain, and repair power
appurtenances, including lines and transformers. The easement would be used to place primary
underground electric conduit, cable, and apad-mounted transformer to provide electrical service
to a new home. Staff recommended approval. No public testimony was heard.
Page 2, City Council Regular Meeting, September 28, 2010
Public Hearing on Acquisition of Utility Easement Located at 2210 North Webb Road (James &
Barbara Wiltgen). Gary Mader, Utilities Director reported that a utility easement was needed at
2210 North Webb Road in order to have access to install, upgrade, maintain, and repair power
appurtenances, including lines and transformer. This easement would be used to provide
electrical conduit, cable and apad-mounted three phase transformer to a new Taco John's
restaurant. Staff recommended approval. No public testimony was heard.
Public Hearing on the Semi-Annual Report by the Citizens' Review Committee (CRC Mark
Stelk, CRC Chairman, 3117 Brentwood Drive gave the semi-annual report for the Citizens'
Review Committee. Mentioned was the intent of CRC to bring new businesses and jobs to Grand
Island for future growth. No public testimony was heard.
ORDINANCES:
#9278 -Consideration of Amending Ordinance No. 9141 for Sidewalk District No. 1,
2007 (First Reading)
Public Works Director Steve Riehle reported that property owners at 519 & 523 East 14t" Street
had requested their two lots be removed from the Sidewalk District No. 1, 2007 as they were on
a dead end street that leads to the overhead railway.
Discussion was held concerning other areas in the City where there were dead ends and if this
would set a precedence if approved. Mr. Riehle stated the Sidewalk Committee discussed this
issue and decided this was a dead end because of the railroad track and both properties were
owned by the same person. City Attorney Dale Shotkoski stated issues like this needed to be
decided on a case-by-case basis with public purpose in mind.
Motion by Meyer, second by Niemann to approve Ordinance #9278 on First Reading. Upon roll
call vote, all voted aye.
CONSENT AGENDA: Consent Agenda item G-4 was removed for further discussion. Motion
by Zapata, second by Ramsey to approve the Consent Agenda excluding Item G-4. Upon roll call
vote, all voted aye. Motion adopted.
Approving Minutes of September 14, 2010 City Council Regular Meeting_
Approving Minutes of September 21, 2010 City Council Special Meeting.
Approving Appointment of Michelle Fitzke to the Community Redevelopment Authority Board.
Approving Request from Robert Blue, 917 West 15t" Street for Liquor Mana eg r Designation for
Firehouse Bar, 418 West 4t" Street contin eg nt upon Mr. Blue completing a state approved
alcohol server/seller training~ro _rg am•
Approving_Request from Kristine Lange, 2021 West Louise Street for Liquor Manager
Designation for Bullwinkle's Bar & Grill, 2118 north Webb Road contin eg nt upon Ms. Lange
completing a state approved alcohol server/seller tralnlrig_pro rgy arn.
Page 3, City Council Regular Meeting, September 28, 2010
#201-257 -Approving Semi-Annual Report by the Citizens' Review Committee on the
Economic Development Program Plan.
#2010-258 -Approving Acquisition of Utility Easement Located South of Capital Avenue and
West of Lynn Lane in Merrick County (Joel Leetch & Janet Stryker
#2010-259 -Approving Acquisition of Utility Easement Located at 2210 North Webb Road
(James & Barbara Wiltgen~
#2010-260 - Approving Certificate of Final Completion for Water Main Project 2010-W-1
Poplar Street between 9th and 12th Streets with Diamond En ing Bering Company of Grand Island
Nebraska.
#2010-261 -Approving Agreement with the Nebraska Game and Parks Commission for Hunter
Education Pro~am•
#2010-262 -Approving Change Order No. 1 for Furnishing and Installation of Ball Field
Lighting at the Veterans Athletic Field Complex with Ensley Electrical Services, Inc. of Grand
Island, Nebraska for an Increase of $8,370.00 and a Revised Contract Amount of $239,647.00.
#2010-263 -Approving Bid Award for Purchase and Installation of Sod at the Veteran's Athletic
Field Complex with Tilley Sprinkler Systems of Grand Island, Nebraska in an Amount of
$46,629.00.
#2010-264 -Approving Bid Award for Root Foaming Machine for the Wastewater Treatment
Plant with Douglas Products and Packaging of Liberty, Missouri in an Amount of $24,000.00.
#2010-265 -Approving Bid Award for Root Foaming Chemical for the Wastewater Treatment
Plant with Douglas Products and Packag_in~ of Liberty, Missouri in an Amount of $290.00 Unit
Price.
#2010-266 -Approving Contract with Ameritas Investment Corp of Omaha, Nebraska for Bond
Underwriter.
#2010-267 -Approving Annual Agreement for Financial Software Licensing and Support with
Tyler Technologies, Inc. for Laserfiche Interface in an Amount of $4,365.90.
Approving_Garbage Permits for Clark Brother Sanitation, Heartland Disposal, Mid-Nebraska
Disposal and Refuse Permits for Full Circle and O'Neill Transportation and Equipment.
Discussion was held regarding signage on the garbage trucks and where the waste was being
delivered. City Administrator Jeff Pederson stated in order to have all garbage haulers deliver to
the City landfill there would need to be contracts in place, which currently there were none.
Motion by Meyer, second by Gericke to approve the Garbage Permits. Upon roll call vote, all
voted aye. Motion adopted.
Page 4, City Council Regular Meeting, September 28, 2010
RESOLUTIONS:
#2010-268 -Consideration of Request from Rezac Enterprizes Inc. dba Tiki Lounge 3333
Ramada Road for a Class "C" Liquor License and Liquor Mana eg r Designation for Jackie Rezac
1512 E. Stolley Park Road. This item related to the aforementioned Public Hearing.
Discussion was held regarding the spouses information on the application. Bill Francis stated this
was a corporation and it didn't fall under the Nebraska State Statute §53-125(13). Police Chief
Steve Lamken commented on Mr. Rezac's criminal history and the fact that the financial papers
had his name on them. He recommended the Council deny the application.
Motion by Ramsey, second by Zapata to deny Resolution #2010-268 based upon the Police
Department report that the applicant's spouse, Richard Rezac listed a "Fed Felony" conviction
which is ineligible under Nebraska State Statute §53-125 (13). Upon roll call vote,
Councilmember's Meyer, Niemann, Ramsey, Zapata, and Gericke voted aye. Councilmember
Dugan voted no. Motion failed.
Motion by Dugan, second by Ramsey to forward the application from Rezac Enterprizes, Inc.
dba Tiki Lounge, 3333 Ramada Road for a Class "C" Liquor License to the Liquor Control
Commission with no recommendation. Upon roll call vote, Councilmember's Meyer, Niemann,
Dugan, Ramsey, and Zapata voted aye. Councilmember Gericke voted no. Mayor Hornady cast
the deciding vote. Motion adopted.
#2010-269 - Consideration of Approving Funding of Economic Development Request. This item
related to the aforementioned Public Hearing.
Motion by Meyer, second by Niemann to approve Resolution #2010-269. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Ramsey to approve the Claims for the period of September 15,
2010 through September 28, 2010, for a total amount of $3,286,707.74. Unanimously approved.
Motion by Dugan, second by Ramsey to approve the Claims for the Period of September 15,
2010 through September 28, 2010 for the Veterans Athletic Field Complex for a total amount of
$185,232.58. Unanimously approved.
Motion by Dugan, second by Ramsey to approve the Claims for the Period of September 15,
2010 through September 28, 2010 for the State Fair Recreation Building for a total amount of
$420,956.00. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 7:45 p.m.
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RaNae Edwards
City Clerk