03/07/2006 Minutes (2)
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
March 7, 2006
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 March 7,2006. Notice of the meeting was given in The Grand Island Independent on
March 1, 2006.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmember's Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly,
Hornady, Walker, and Haase. The following City Officials were present: City Administrator
Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, Public Works
Director Steve Riehle, and City Attorney Doug Walker.
INVOCATION was given by Evangelist Gary Bennett, Stolley Park Church of Christ, 2822
West Stolley Park Road followed by the PLEDGE OF ALLEGIANCE.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "Patient Safety Awareness Week" March 5-1 L 2006. Mayor Vavricek has
proclaimed the week of March 5-11, 2006 as "Patient Safety Awareness Week". Dr. Horn, Betty
Pfeiffer, and Sandy Milton were present to receive the proclamation.
Recognition of State Wrestling Winners: Mayor Vavricek and the City Council recognized the
following students and coaches for their wins at State Wrestling Meet:
Grand Island Senior High: Class" A:
Coach Mike Schadwinkel
Brandon Hudiburg - State Champion
Isaiah Aguilar - 6th Place
Grand Island Northwest: Class "B"
Coach Brian Sybrandts
Brett Mills - 4th Place
Hadley Cooksley - 5th Place
Grand Island Northwest Coach Brian Sybrandts, Grand Island Central Catholic Coach Matt
Coufal and Justin Kelly were not present.
Recognition of Class "A" Bowling Team 3rd Place Winners at State: Mayor Vavricek and the
City Council recognized the following girls and their coach for their 3rd Place Win at State:
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Page 2, City Council Regular Meeting. March 7, 2006
Amy Glover. Candi Glover, Kristen Ruzicka, and Jeanna Bruener were present to receive their
certificates. Coach Justin Price, Kayla Johnson, and Kayla Brixius were not present.
Presentation by Shonesy Associates for FY 2005 City Single Audit and General Purpose
Financial Statements. David Springer, Finance Director introduced Terry Galloway representing
Shonsey & Associates who reviewed the FY 2005 City Single Audit and General Purpose
Financial Statements. The financial audit received an unqualified rating which was the highest
rating possible.
Presentation by BKD. LLP Relative to Fiscal Year 2005 Electric and Water Audit Reports.
David Springer, Finance Director introduced Roger Watton from BKD, LLP to give the audit
reports. Mr. Watton stated that these were unqualified opinions and there were no weaknesses
with the internal control. Mentioned was the concern of a low cash balance.
MAYOR COMMUNICATION: Mayor Vavricek introduced Knickerhm Elementary 5th Grade
Teacher Diane Meyer and Nekia Samway who read her "Reasons to Live in Grand Island" paper.
PUBLIC HEARINGS:
Public Hearing on Request of Casey's Retail Company dba Casey's General Store #2707,806 N.
Eddy Street for a Class "D" Liquor License. RaNae Edwards, City Clerk reported that Casey's
Retail Company dba Casey's General Store #2707, 860 N. Eddy Street had submitted an
application with the City Clerk's Office for a Class "D" Liquor License. Ms. Edwards presented
the following exhibits for the record: application submitted to the Liquor Control Commission
and received by the City on February 3, 2006; notice to the applicant of date, time, and place of
hearing mailed on February 3, 2006; notice to the general public of date, time, and place of
hearing published on February 25, 2006; along with Chapter 4 of the City Code. Staff
recommended approval. No public testimony was heard.
Public Hearing on Request of Casey's Retail Company dba Casey's General Store #2727. 1219
West 2nd Street for a Class "B" Liquor License. RaNae Edwards, City Clerk reported that
Casey's Retail Company dba Casey's General Store #2727, 1219 West 2nd Street had submitted
an application with the City Clerk's Office for a Class "B" Liquor License. Ms. Edwards
presented the following exhibits for the record: application submitted to the Liquor Control
Commission and received by the City on February 8, 2006; notice to the applicant of date, time,
and place of hearing mailed on February 8, 2006; notice to the general public of date, time, and
place of hearing published on February 25, 2006; along with Chapter 4 of the City Code. Staff
recommended approval. No public testimony was heard.
Public Hearing on Request of Casey's Retail Company dba Casey's General Store #2732.4150
West US.. Highway 30 for a Class "B" Liquor License. RaNae Edwards, City Clerk reported
that Casey's Retail Company dba Casey's General Store #2732, 4150 West US. Highway 30
had submitted an application with the City Clerk's Office for a Class "B" Liquor License. Ms.
Edwards presented the following exhibits for the record: application submitted to the Liquor
Control Commission and received by the City on February 13, 2006; notice to the applicant of
date, time, and place of hearing mailed on February 13, 2006; notice to the general public of
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Page 3, City Council Regular Meeting, March 7, 2006
date, time, and place of hearing published on February 25, 2006; along with Chapter 4 of the
City Code. Staff recommended approval. No public testimony was heard.
Public Hearing on Request of Casey's Retail Company dba Casey's General Store #2737. 1814
N. Eddy Street for a Class "D" Liquor License. RaNae Edwards, City Clerk reported that
Casey's Retail Company dba Casey's General Store #2737, 1814 N. Eddy Street had submitted
an application with the City Clerk's Office for a Class "D" Liquor License. Ms. Edwards
presented the following exhibits for the record: application submitted to the Liquor Control
Commission and received by the City on February 13, 2006; notice to the applicant of date, time,
and place of hearing mailed on February 13, 2006; notice to the general public of date, time, and
place of hearing published on February 25, 2006; along with Chapter 4 of the City Code. Staff
recommended approval. No public testimony was heard.
Public Hearing on Request of Casey's Retail Company dba Casey's General Store #2742. 2223
South Locust Street for a Class "B" Liquor License. RaNae Edwards, City Clerk reported that
Casey's Retail Company dba Casey's General Store #2742, 2223 South Locust Street had
submitted an application with the City Clerk's Office for a Class "B" Liquor License. Ms.
Edwards presented the following exhibits for the record: application submitted to the Liquor
Control Commission and received by the City on February 13, 2006; notice to the applicant of
date, time, and place of hearing mailed on February 13, 2006; notice to the general public of
date, time, and place of hearing published on February 25, 2006; along with Chapter 4 of the
City Code. Staff recommended approval. No public testimony was heard.
Public Hearing on Request of Perez. Inc. dba Tucanaso. 410 East 4th Street for a Class "C"
Liquor License. RaNae Edwards, City Clerk reported that Perez, Inc. dba Tucanaso, 410 East 4th
Street had submitted an application with the City Clerk's Office for a Class "C" Liquor License.
Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor
Control Commission and received by the City on February 15, 2006; notice to the applicant of
date, time, and place of hearing mailed on February 16, 2006; notice to the general public of
date, time, and place of hearing published on February 25, 2006; along with Chapter 4 of the
City Code. Staff recommended denial or approval with stipulations. John Cunningham, Attorney
for the applicant spoke in support. No further public testimony was heard.
Public Hearing on Request of Sarah R. Tiaden dba The Roadhouse Garage. 2710-B Diers
Avenue for a Class "C" Liquor License. RaNae Edwards, City Clerk reported that Sarah R.
Tjaden dba The Roadhouse Garage, 2710-B Diers Avenue had submitted an application with the
City Clerk's Office for a Class "C" Liquor License. Ms. Edwards presented the following
exhibits for the record: application submitted to the Liquor Control Commission and received by
the City on February 17, 2006; notice to the applicant of date, time, and place of hearing mailed
on February 17, 2006; notice to the general public of date, time, and place of hearing published
on February 25, 2006; along with Chapter 4 of the City Code. Staff recommended denial or
approval with stipulations. Sarah Tjaden, 3720 State Street, Apt. J9 spoke in support and
submitted a statement regarding agreeable stipulations for the liquor license. No further public
testimony was heard.
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Page 4, City Council Regular Meeting, March 7, 2006
Public Hearing on Redevelopment Plan for Blight and Substandard Area #5 for Ann's Pet Salon
to be Located at 1303 Geddes Street. Chad Nabity, Regional Planning Director reported that
Anne Bruns dba Ann's Pet Salon, 1303 Geddes Street had applied for tax increment financing
for the development of and expansion of a pet grooming business and kennel operation on Lot 2
of Bruns Subdivision. The Community Redevelopment Authority and Regional Planning
Commission have approved this request. No public testimony was heard.
Public Haring on Change of Zoning for Land Proposed for Platting as Copper Creek Subdivision
Located South of Old Potash Highway and East of Engleman Road from T A Transitional
Agricultural to R2 Low Density Residential. Chad Nabity, Regional Planning Director reported
that rezoning was required for property proposed for platting as Copper Creek Subdivision
located south of Old Potash Highway and East of Engleman Road from TA Transitional
Agricultural to R2 Low Density Residential. This would allow the developers of the Copper
Creek Estates Subdivision to develop this land. Tim Jonak, St. Paul, Nebraska spoke about
concerns regarding water drainage. No further public testimony was heard.
Public Hearing on Re-Adopting the City of Grand Island Official Zoning Map. Chad Nabity,
Regional Planning Director reported that by re-adopting the City of Grand Island Official Zoning
Map, it would incorporate all changes since August 1, 2004 as produced using the Hall County
Geographic Information System. No public testimony was heard.
ORDINANCES:
Chad Nabity, Regional Planning Director reported Ordinance #9026 related to the Public
Hearing held on January 24, 2006 and was the final of three readings for annexation of Copper
Creek Subdivision. Presented was a video of the area after the May 11,2005 flooding.
#9026 - Consideration of Annexation of Property Located South of Old Potash Highway
and East of Engleman Road. (Final Reading)
Steve Riehle, Public Works Director commented on the drainage.
Motion by Pielstick, second by Cornelius to approve Ordinance #9026 on final reading. Upon
roll call vote, all voted aye. Motion adopted.
Council member Pielstick moved "that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#9033 - Consideration of Change of Zoning for Land Proposed for Platting as Copper
Creek Subdivision Located South of Old Potash Highway and East of Engleman Road
from T A Transitional Agricultural to R2 Low Density Residential
#9034 - Consideration of Amendments to Chapter 18 of the City Code Relative to
Examining Board, Membership, and Duties
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to callout the number of these ordinances on first reading and then upon final
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Page 5, City Council Regular Meeting, March 7, 2006
passage and call for a roll call vote on each reading and then upon final passage."
Councilmember Gilbert seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Motion by Pielstick, second by Whitesides to approve Ordinances #9033 and #9034.
City Clerk: Ordinances #9033 and #9034 on first reading. All those in favor of the passage of
these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion
adopted.
City Clerk: Ordinances #9033 and #9034 on final passage. All those in favor of the passage of
these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye.
Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinances #9033 and #9034 are declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Consent Agenda items G-4, G-17, and G-18 were pulled for further
discussion. Motion by Hornady, second by Cornelius to approve the Consent Agenda. Upon roll
call vote, all voted aye. Motion adopted.
Receipt of Official Document - Resolution from Merrick County Board Requesting Creation of
Inter-Jurisdictional Planning Commission.
Approving Minutes of February 28.2006 City Council Regular Meeting.
Approving Request of Charles Scott Pinkham.. 603 N. Tower. Minden. Nebraska for Liquor
Manager Designation for the following Casey's General Stores: #2707. 806 N. Eddy Street:
#2727. 1219 West 2nd Street: #2732. 4150 West U.S. Highway 30: #2737. 1814 N. Eddy Street:
and #2742.2223 South Locust Street with the stipulation of completing a state approved alcohol
server/seller training program.
#2006-65 - Approving Final Plat and Subdivision Agreement for Copper Creek Subdivision. It
was noted that Copper Creek Estates, L.L.c. owners had submitted the final plat for Copper
Creek Subdivision for the purpose of creating 97 lots on a parcel of land in the NW 1/4 of
Section 23-11-10 consisting of approximately 25.993 acres.
#2006-66 - Approving Redevelopment Plan for Blight and Substandard Area #5 for Ann's Pet
Salon to be Located at 1303 Geddes Street.
#2006-67 - Approving Re-Adopting the City of Grand Island Official Zoning Map.
#2006-68 - Approving Designating US Filter/Zimpro Products of Irondale. Alabama as the Sole
Source Provider for the Zimpro 84" Spiral Lift Screw Pump Parts in the Amount of $21.672.89.
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Page 6, City Council Regular Meeting, March 7, 2006
#2006-69 - Approving Change Order NO.1 to the Contract with The Diamond Engineering
Company of Grand Island. Nebraska for the South Locust Street Bridges: Northbound Lanes
North on-80 for an Increase of$18.677.00 and a Revised Contract Amount of $1. 197.832.59.
#2006-70 - Approving Bid Award for Street Improvement District No. 1257: Shanna Street in
Western Heights 4th Subdivision with The Diamond Engineering Company of Grand Island.
Nebraska in an Amount of$104.273.72.
#2006-71 - Approving Certificate of Final Completion for CXT Transmission Line Work
Contract 05-PCC-Ol with Dominion Construction Company of Scottsbluff. Nebraska.
#2006-72 - Approving Confidentiality Agreement with Nebraska Public Power District.
#2006-73 - Approving Bid Award for Water Main District No. 452. Lake Street Knott Avenue
and Tri Street with The Diamond Engineering Company of Grand Island. Nebraska for an
Amount of$61.786.84.
#2006-74 - Approving Certificate of Final Completion for Water Main District No. 449T -
North Road and Faidley Avenue with Starostka Group Unlimited. Inc. of Grand Island. Nebraska
and Setting April 11. 2006 for Board of Equalization Date.
#2006-75 - Approving Fiscal and Investment Policies for the City of Grand Island.
#2006-76 - Approving Business Continuity and Recovery Services Agreement with ruM of
Suffern. New York for Three Years.
#2006-79 - Approving Bid Award for Digital Voice Logging Recorder with Midland Telecom.
Inc. of Grand Island. Nebraska in an Amount of $26.995.00.
#2006-87 - Approving Termination of SWAT Interlocal Agreement with Hall County.
#2006-88 - Approving the State Bid Contract 10628(OC)REN(13) for System Furnishings with
Surroundings. LLC of Lincoln. Nebraska.
Mayor Vavricek read a statement recusing himself from participating in discussions of
Resolutions #2006-77 and #2006-78 due to a possible conflict of interest. The meeting was then
turned over to Council President Hornady.
#2006-77 - Approving Interlocal Agreement with Kearney. Nebraska for Cable Consultant
Services. Motion by Whitesides, second by Nickerson to approve Resolution #2006-77. Upon
roll call vote all voted aye. Councilmember Haase abstained. Motion adopted.
#2006-78 - Approving Contract for Cable Consultant Services with Moss & Barnett of
Minneapolis. Minnesota in an Amount of $87.500.00. Motion by Whitesides, second by
Nickerson to approve Resolution #2006-77. Upon roll call vote all voted aye. Councilmember
Haase abstained. Motion adopted.
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Page 7, City Council Regular Meeting, March 7,2006
RESOLUTIONS:
#2006-80 - Approving Request of Casey's Retail Company dba Casey's General Store #2707,
806 N. Eddy Street for a Class "D" Liquor License.
#2006-81 - Approving Request of Casey's Retail Company dba Casey's General Store #2727,
1219 West 2nd Street for a Class "B" Liquor License.
#2006-82 - Approving Request of Casey's Retail Company dba Casey's General Store #2732,
4150 West U.S. Highway 30 for a Class "B" Liquor License.
#2006-83 - Approving Request of Casey's Retail Company dba Casey's General Store #2737,
1814 N. Eddy Street for a Class "D" Liquor License.
#2006-84 - Approving Request of Casey's Retail Company dba Casey's General Store #2742,
2223 South Locust Street for a Class "B" Liquor License.
Motion by Meyer, second by Pielstick to approve Resolutions #2006-80, #2006-81, #2006-82,
#2006-83, and #2006-84 with the stipulation that the manager will complete a manager training.
Upon roll call vote, all voted aye. Motion adopted.
#2006-85 - Approving Request of Perez, Inc. dba Tucanaso, 410 East 4th Street for a Class "C"
Liquor License. Discussion was held regarding the hidden ownership of Anastacio Jacobo,
spouse of the applicant.
Motion by Hornady, second by Whitesides to deny Resolution #2006-85. Upon roll call vote,
Councilmember's Meyer, Whitesides, Pielstick, Gilbert, Cornelius, Pauly, Hornady, and Haase
voted aye. Councilmember's Nickerson and Walker voted no. Motion adopted.
#2006-86 - Approving Request of Sarah R. Tjaden dba The Roadhouse Garage, 271O-B Diers
Avenue for a Class "C" Liquor License. Discussion was held regarding the hidden ownership of
Jeff Leo. State Patrol Investigator Lorri Rogers spoke about concerns during the background
investigation. Mentioned was the fact that Jeff Leo was denied a liquor license for Bud's
Roadhouse by the Nebraska Liquor Control Commission on January 19, 2006 and on January 20,
2006 as Assignment of Lease was signed to Sarah Tjaden.
Motion by Hornady, second by Gilbert to deny Resolution #2006-86. Upon roll call vote,
Councilmember's Meyer, Whitesides, Pielstick, Gilbert, Pauly, Hornady, and Haase voted aye.
Councilmember's Nickerson, Cornelius, and Walker voted no. Motion adopted.
Approving Request of Silvia Perez Cevantes, 411 East 4th Street Apt. 1 for Liquor Manager
Designation for Tucanaso, 410 East 4th Street contingent upon the liquor license approval for
Tucanaso and the stipulation that Ms. Perez Cevantes completes a state approved alcohol
server/seller training program.
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Page 8, City Council Regular Meeting, March 7, 2006
Motion by Pielstick, second by Whitesides to deny the request of Silvia Perez Cevantes for
Liquor Manager designation for Tucanaso. Upon roll call vote, Council member' s Meyer,
Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, and Haase voted aye.
Councilmember Walker voted no. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Haase to approve the Claims for the period of February 29, 2006
through March 7, 2006, for a total amount of $1,048,152.35. Motion adopted unanimously. (It
was noted after the meeting an error was found making the total $1,048,181.39.)
Motion by Corneilus, second by Haase to approve the following Claims for the Library
Expansion for the period of February 29,2006 through March 7,2006:
#21 $92,844.07
#22 $504.00
Motion adopted unanimously.
ADJOURNMENT: The meeting was adjourned at 8:35 p.m.
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RaNae Edwards
City Clerk