09/26/2006 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
September 26, 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 September 26, 2006. Notice of the meeting was given in The Grand Island
Independent on September 20, 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 Interim City Attorney Dale S hotko ski.
INVOCATION was given by Councilmember Jackie Pielstick followed by the PLEDGE OF
ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek commented on the following:
. Thank you letter received by student Joselyn Gutierrez
. Mission of Mercy volunteers
. Roger Anderson potential business venture at Heartland Events Center
. Announcement by the Mayor planned for Wednesday, September 27, 2006 at the Grand
Generation Center concerning speculation as to a write-in candidate for Mayor
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "Hispanic Heritage Month" September 15. 2006 to October 15. 2006. The Mayor
proclaimed September 15, 2006 to October 15, 2006 as "Hispanic Heritage Month". Maria
Lopez and Pete Letheby with the Multicultural Coalition were present to receive the
proclamation.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Utility Easement Located at 2620 South Shady Bend Road.
(John & Carolyn Schroll) Gary Mader, Utilities Director reported that acquisition of a utility
easement located at 2620 South Shady Bend Road was needed in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers. The
purpose of the easement would be to place underground cable and a single phase pad mounted
transformer to provide electrical service to a new home at 2620 South Shady Bend Road. No
public testimony was heard.
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Page 2, City Council Regular Meeting, September 26, 2006
Public Hearing on Acquisition of Utility Easement Located at 1417 South Shady Bend Road.
(Leland B. & Judy A. Dennhardt) Gary Mader, Utilities Director reported that acquisition of a
utility easement located at 1417 South Shady Bend Road was needed in order to have access to
install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The
purpose of the easement would be to place a pad-mounted single phase transformer to provide
electrical service to a new home at 1417 South Shady Bend Road. No public testimony was
heard.
Public Hearing on Acquisition of Utility Easement Located at 2620 West Faidley Avenue. (St.
Francis Medical Center) Gary Mader, Utilities Director reported that acquisition of a utility
easement located at 2620 West Faidley Road was needed in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers. The
purpose of the easement would be to relocate and expand transformers and underground cables
to facilitate new construction. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 4949 Juergen Road. (BM & M.
LLC) Gary Mader, Utilities Director reported that acquisition of a utility easement located at
4949 Juergen Road was needed in order to have access to install, upgrade, maintain, and repair
power appurtenances, including lines and transformers. The purpose of the easement would be to
place underground electric cables and a three phase pad-mounted transformer to provide service
to a new business. No public testimony was heard.
Public Hearing on Change of Zoning for a Tract of Land Proposed for Platting as Sterling Estates
Subdivision from Rl Suburban Residential and R4 High Density Residential to Rl Suburban
Residential. R4 High Density Residential and RO Residential Office. Chad Nabity, Regional
Planning Director reported that an application was submitted for changes to zoning on a parcel of
land proposed for platting as Sterling Estates Subdivision. The property is located between the
Moore's Creek Drainway, North Road, State Street, and Capital Avenue. James Dutton, 3925
West Capital Avenue asked if there would be paving. Jim Davis, 4019 Sacramento Circle asked
about drainage and sidewalks. Joyce Lind, 4020 Boston Circle mentioned concerns about
drainage and replacing culverts under North Road. No further public testimony was heard.
Public Hearing on Annexation of Property Located at 502 East Capital Avenue. Chad Nabity,
Regional Planning Director reported that property owners of 502 East Capital Avenue had
requested this property be annexed into the City of Grand Island. The property is contiguous with
the Grand Island City Limits and within the Grand Island utilities Electrical Service District.
Sewer and water were available to this property. No public testimony was heard.
Public Hearing on Tax Increment Financing for Redevelopment Plan and Redevelopment Proiect
Located at 210 East Stolley Park Road. (Wile E Investments) Chad Nabity, Regional Planning
Director reported that Dr. Melissa Girard of Wile E Investments had applied for tax increment
financing for the development of and expansion of a pet grooming business and kennel operation
located at 210 East Stolley Park Road. The Community Redevelopment Authority and the
Planning Commission recommended approval. Wile E Investments proposed 0 construct a
building on its property for an Animal Medical Clinic. Bruce Schreiner, 3535 Grassridge Road
spoke in support. No further public testimony was heard.
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Page 3, City Council Regular Meeting, September 26, 2006
Public Hearing on Request ofH & H Catering. Inc. dba H & H Catering. 700 East Stolley Park
Road for an Addition to Class "CK-69738" Liquor License. RaNae Edwards, City Clerk reported
that an application had been received from H & H Catering, Inc. dba H & H Catering, 700 East
Stolley Park Road for an addition to their Class "CK-69738" Liquor License. Ms. Edwards
presented the following exhibits for the record: application submitted to the Liquor Control
Commission and received by the City on September 8, 2006; notice to the general public of date,
time, and place of hearing published on September 16, 2006; notice to the applicant of date, time,
and place of hearing mailed on September 8, 2006; along with Chapter 4 of the City Code. Staff
recommended approval contingent upon final inspections. No public testimony was heard.
Public Hearing Pursuant to the Nebraska Liquor Control Commission Rules and Regulations
953-134.04 Regarding Complaints Filed Against OK Liquor. 305 West Koenig Street. Liquor
License "D-15914". Due to a conflict of interest Council member Nickerson recused himself and
left the room. RaNae Edwards, City Clerk reported that ten (10) complaints had been received
from citizens within Grand Island regarding the sale of alcohol to minors by OK Liquor, 305
West Koenig Street. An additional three (3) complaints were received the night of the meeting,
by Council President Hornady, but were not received in time to be included in the discussion.
Ms. Edwards stated the Council needed to first find that the complaints substantially charged a
violation and that from the facts alleged there was reasonable cause for such belief and if so then
proceed to the hearing.
Motion was made by Hornady, second by Gilbert that there were ten (10) valid complaints with
regards to information received in the council packet under the Nebraska Liquor Control
Commission Rules and Regulations 953-180 Sale to Minors and that the Public Hearing should
be held. Council member Pielstick entered into the record a copy of the broadcast transcript from
an interview held with NTV News, Steve White on July 20, 2006 aired on the 5:00 p.m., 6:00
p.m., and 10:00 p.m. news. (See attached)
Upon roll call vote, all voted aye. Motion adopted.
The following people spoke in support of action against the liquor license held by OK Liquor:
. Robert Bonk, 1616 Stagecoach Road
. Virginia Oseka, 1528 Windsor Road
. Lex Ann Roach, 609 South Cleburn
. Jeralyn Stanton, 1106 West 26th Street, Kearney
. Heather Tjaden, Prevention Educator, Central Nebraska Council on Alcoholism
L. William Kelly, Attorney for OK Liquor asked the Council to consider the following facts:
. Harold and Cathy Carmichael had been in business for the last 18 years, they purchased
the business in 1988
. All complaints were identical regarding information
. First violation was on August 30, 1994, six years after the purchase of the business in
which the Carmichael's plead guilty and paid court costs in the amount of $124.00 and
Liquor Control Commission (LCC) fine of $250.00
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Page 4, City Council Regular Meeting. September 26, 2006
. Second violation was on August 6, 1997 and paid $521.00 court costs and $2,016.00
LCC fines
. Third violation was on May 9, 2003 and paid fines of $141.50 court costs and $600.00
LCC fines
. Fourth violation was on September 30, 2005 and paid fines of $344.00 court costs and
was closed for 34 days
. Harold Carmichael had completed a state approved server/seller training course in the
Fall of2005
Mr. Kelly commented on a juvenile case regarding a minor which may have caused the
complaints to be filed. This case had been dismissed. The following documents were entered into
the record:
. Complaint
. Motion to Dismiss
. Juvenile Petition
Filed June I, 2006 with the Hall County Court
Filed June 15,2006 with the Hall County Court
Mr. Kelly requested the Council take no action.
The Public Hearing was closed.
Councilmember Nickerson returned to the meeting.
ORDINANCES:
#9078 - Consideration of Annexation of Property Located at 502 East Capital Avenue
(First Reading)
Chad Nabity, Regional Planning Director reported this item related to the aforementioned Public
Hearing item.
Motion by Pielstick, second by Whitesides to approve Ordinance No. 9078 on first 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:
#9077 - Consideration of Vacating Easement Located at 2620 West Faidley Avenue (St.
Francis Medical Center)
#9079 - Consideration of Change of Zoning for a Tract of Land Proposed for Platting as
Sterling Estates Subdivision from R1 Suburban Residential & R4 High Density
Residential to R1 Suburban Residential, R4 High Density Residential & RO Residential
Office
#9080 - Consideration of Amendments to Chapter 32-2 of the Grand Island City Code
Relative to Trees and Shrubs Projecting into the Street
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Page 5, City Council Regular Meeting. September 26, 2006
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of this ordinance on first reading and then upon final passage
and call for a roll call vote on each reading and then upon final passage." Councilmember Haase
seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Chad Nabity, Regional Planning Director answered questions relating to Ordinance #9079
concerning sidewalks, paving, and drainage. Steve Riehle, Public Works Director commented on
storm sewers, drainage, and the May 2005 flood relating to culverts. Mr. Riehle stated he would
look into the storm sewer drainage in that area.
Steve Riehle, Public Works Director answered questioned relating to Ordinance #9080
concerning height of shrubs and site distance at intersections.
Motion by Gilbert, second by Cornelius to approve Ordinances #9077, #9079, and #9080.
City Clerk: Ordinances #9077, #9079, and #9080 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. Councilmember Gilbert abstained from Ordinance #9077 and voted no on Ordinance #9080.
Motion adopted.
City Clerk: Ordinances #9077, #9079, and #9080 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. Councilmember Gilbert abstained from Ordinance #9077 and voted no on Ordinance #9080.
Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinances #9077, #9079, and #9080 are declared to be lawfully adopted upon publication as
required by law.
CONSENT AGENDA: Consent Agenda item G-5 was pulled for further discussion. Motion by
Hornady, second by Cornelius to approve the Consent Agenda excluding item G-5. Upon roll
call vote, all voted aye. Motion adopted.
Approving Minutes of September 12. 2006 City Council Regular Meeting. Councilmember
Pauly abstained.
Approving Re-Appointment of Tom Gdowski to the Community Redevelopment Authority
Board.
Approving Re-Appointment of Robert Niemann and Tom Brown to the Regional Planning
Commission.
Approving Garbage Permits for Central Waste DisposaL Clark Brothers Sanitation. Heartland
Disposal. Mid-Nebraska Disposal and Refuse Permit for Full Circle and Scott's Hauling.
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Page 6, City Council Regular Meeting, September 26, 2006
#2006-268 - Approving Acquisition of Utility Easement Located at 2620 South Shady Bend
Road, (John & Carolyn Schroll)
#2006-269 - Approving Acquisition of Utility Easement Located at 1417 South Shady Bend
Road. (Leland B. and Judy A Dennhart)
#2006-270 - Approving Acquisition of Utility Easement Located at 2620 West Faidley Avenue.
(St. Francis Medical Center) Councilmember Gilbert abstained,
#2006-271 - Approving Acquisition of Utility Easement Located at 4949 Juergen Road, (BM &
M. LLC)
#2006-272 - Approving the Continuing Disclosure Agreement and Certificate of Participant for
Nebraska City Unit #2 - Separate System Bonds,
#2006-273 - Approving Agreement with Olsson Associates for Construction Engineering
Services on the Proiect to Widen Capital Avenue from the Moores Creek Drain to Webb Road in
the Amount of $346.703.00,
#2006-274 - Approving Bid Award for a TV Camera with Transporter with Cues of Orlando.
Florida in the Amount of$17.900.00.
#2006-275 - Approving Bid Award for a Diffuser Cleaning System with ITT Industries Sanitaire
of Brown Deer. Wisconsin in the Amount of$117.600,00,
#2006-276 - Approving Bid Award for Fiber Optic Cable OPGW Project 2006-0PGW-ll with
Kayton Electric. Inc. of Holdrege. Nebraska in the Amount of $169,100,00. Correction was
noted that the agenda had this item listed as Resolution #2006-283. it should be #2006-276.
#2006-277 - Approving Grant Application from the Nebraska Department of Roads
Transportation Enhancement Program for Construction of the Morman Island Hike/Bike Trail.
#2006-278 - Approving Tax Increment Financing for Redevelopment Plan and Redevelopment
Project Located at 210 East Stolley park Road. (Wile E Investments)
#2006-279 - Approving Subordination Agreement for Dean A and Patricia D. Bierhaus for
Property Located at 1805 Freedom Drive. Correction was noted that the lender should be New
Century Mortgage instead of Argent Mortgage as was listed in the council packet.
#2006-280 - Approving Five-Year Interlocal Agreement with Hall County Relative to
Bookmobile.
#2006-281 - Approving Purchase Agreement for (2) SelfCheck Workstations with SirsiDynix of
Huntsville. Alabama in an Amount of $34.522.00.
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Page 7, City Council Regular Meeting, September 26, 2006
#2006-182 - Approving Extension of Bid Price for Lease of an Aerated Static Pile Compost
Pilot Testing Unit with CH2M Hill of Englewood. Colorado in an Amount of $4.470.00 per
month for 18 months.
#2006-267 - Approving Amendment to Subdivision Agreement for Springdale Subdivision.
Discussion was held concerning waiving the sidewalks on Lilly Drive. Chad Nabity, Regional
Planning Director stated Lilly Drive was an existing rural section of asphalt street with deep
ditches and utilities in the front yard. Mr. Nabity stated the amended language would require
sidewalks to be constructed when the property owner was directed to do so by the City Council.
Also if a Street Improvement District was created to pave any public street in the subdivision, the
Subdivider would be required to install public sidewalks within one year of the completion of the
street improvement district.
Motion by Cornelius, second by Nickerson to approve Resolution #2006-267. Upon roll call
vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2006-284 - Consideration of Request of H & H Catering. Inc. dba H & H Catering. 700 East
Stolley Park Road for an Addition to Class "CK-69738" Liquor License. RaNae Edwards, City
Clerk reported this item related to the aforementioned Public Hearing.
Motion by Hornady, second by Cornelius to approve Resolution #2006-284 contingent upon
final inspections. Upon roll call vote, Councilmembers Whitesides, Pielstick, Gilbert, Nickerson,
Cornelius, Pauly, Homady, Walker, and Haase voted aye. Councilmember Meyer voted no.
Motion adopted.
#2006-285 - Consideration of Complaints Filed Pursuant to the Nebraska Liquor Control
Commission Rules and Regulations ~53-134.04 Regarding OK Liquor. 305 West Koenig Street.
Liquor License "D-15914". Councilmember Nickerson recused himself from this item and left
the room.
Motion by Pielstick, second by Whitesides to revoke the Class "D-15914" Liquor License for
OK Liquor located at 305 West Koenig Street based on the findings of complaints filed under
Nebraska Liquor Control Commission Rules and Regulations 953-180 Sale to Minor for
violations dated August 6, 1997, May 9,2003, and September 30,2005.
Discussion was held regarding the number of violations. Lorri Rogers, Investigator with the
Nebraska State Patrol explained the alcohol violations. compliance checks, and the tobacco
violations by OK Liquor. Also explained was a June 18, 2006 incident. Lt. Brad Brush with the
Grand Island Police Department explained the August 9, 2006 report where Harold Carmichael
reported a minor attempting to purchase alcohol. A minor was charged with attempting to
purchase from OK Liquor and possession of alcohol acquired from another person.
RaNae Edwards, City Clerk explained the difference between "cancel" and "revoke" to a liquor
license. To cancel would discontinue all rights and privileges of this license, but owners could
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Page 8, City Council Regular Meeting, September 26, 2006
come back with an application for a new license at a later date. To revoke would permanently
void and recall all rights and privileges of this license in which the owner would not be able to
apply for a liquor license again.
Upon roll call vote to revoke Liquor License "D-15914" held by OK Liquor, Councilmember's
Meyer, Whitesides, Pielstick, and Haase vote aye. Councilmember's Gilbert, Cornelius, Pauly,
Hornady, and Walker voted no. Motion failed.
Motion by Hornady, second by Pauly to cancel Liquor License "D-15914" held by OK Liquor,
Councilmember's Meyer, Whitesides, Gilbert, Cornelius, Pauly, Hornady, and Haase voted aye.
Councilmember's Pielstick and Walker voted no. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Pauly to approve the Claims for the period of September 13,
2006 through September 26, 2006, for a total amount of $3,853,232.90. Motion adopted
unanimously.
ADJOURNMENT: The meeting was adjourned at 9: 15 p.m.
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RaNae Edwards
City Clerk
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