10/26/2004 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
October 26, 2004
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 October 26, 2004. Notice of the meeting was given in the Grand Island Independent
on October 20, 2004.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly,
Walker, and Haase. Councilmember Hornady was absent. 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 Pastor George Oxford, First Church of the Nazarene, 1022 West
6th Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek commented on the upcommg Election
November 2, 2004 and encouraged everyone to exercise their right to vote.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of the Grand Island Senior High Girls Golf Team for State Championship. Coach
Kevin Bartlett and the Grand Island Senior High Girls Golf Team were present.
Recognition of Grand Island Central Catholic Boy's Tennis #2 Double's State Championship.
Assistant Coach Fred Northup and Grand Island Central Catholic Boy's Tennis #2 Double's
Kenny Howard and Chris Northup were present.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Whitesides, second by Cornelius,
carried unanimously to adjourn to Board of Equalization.
#2004-BE-18 - Consideration of Determining Benefits for Sanitary Sewer District No. 513.
Gosda Subdivision along Lillie Drive West of North Road. Public Works Director Steve Riehle
reported that that work had been completed on Sanitary Sewer District No. 513 and the City
Council in its capacity as the Board of Equalization was required to determine the benefits.
Motion by Pielstick, second by Cornelius to approve Resolution #2004-BE-18, carried
unanimously.
RETURN TO REGULAR SESSION: Motion by Whitesdies, second by Cornelius, carried
unanimously to return to Regular Session.
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Page 2, City Council Regular Meeting, October 26, 2004
PUBLIC HEARINGS:
Public Hearing on Request of Scott and Carla Dominick dba Crooner's, 418 West 4th Street for
Class "C" Liquor License. City Clerk RaNae Edwards reported that Scott and Carla Dominick
dba Crooner's, 418 West 4th Street had submitted an application with the City' Clerk's Office for
a Class "C" Liquor License which allows for the sale of alcoholic beverages on and off sale
within the corporate limits of the city. Ms. Edwards presented the following exhibits for the
record: application submitted to the Liquor Control Commission and received by the City of
October 1,2004; notice to the applicant of date, time, and place of hearing mailed on October 1,
2004; notice to the general public of date, time, and place of hearing published on October 16,
2004; and Chapter 4 ofthe City Code. No public testimony was heard.
Public Hearing on Request of Stratford Plaza, LLC dba Howard Johnson Riverside Inn, 3333
Ramada Road for Class "C" Liquor License. City Clerk RaNae Edwards reported that Stratford
Plaza, LLC dba Howard Johnson Riverside Inn, 3333 Ramada Road had submitted an
application with the City' Clerk's Office for a Class "C" Liquor License which allows for the
sale of alcoholic beverages on and off sale within the corporate limits of the city. Ms. Edwards
presented the following exhibits for the record: application submitted to the Liquor Control
Commission and received by the City of October 12, 2004; notice to the applicant of date, time,
and place of hearing mailed on October 12, 2004; notice to the general public of date, time, and
place of hearing published on October 16, 2004; and Chapter 4 of the City Code. No public
testimony was heard.
Public Hearing on Request of A. Meier, Inc. dba EI Copa Cabana. 2808 Old Fair Road. Suite B
for Class "C" Liquor License. City Clerk RaNae Edwards reported that A. Meier, Inc. dba El
Copa Cabana, 3808 Old Fair Road, Suite B had submitted an application with the City' Clerk's
Office for a Class "C" Liquor License which allows for the sale of alcoholic beverages on and
off sale within the corporate limits of the city. Ms. Edwards presented the following exhibits for
the record: application submitted to the Liquor Control Commission and received by the City of
October 13, 2004; notice to the applicant of date, time, and place of hearing mailed on October
13, 2004; notice to the general public of date, time, and place of hearing published on October
16,2004; and Chapter 4 of the City Code. No public testimony was heard.
Public Hearing on Request of Perez. Inc. dba Tucanaso. 410 East 4th Street for Class "C" Liquor
License. City Clerk RaNae Edwards 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 which
allows for the sale of alcoholic beverages on and off sale within the corporate limits of the city.
Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor
Control Commission and received by the City of October 14, 2004; notice to the applicant of
date, time, and place of hearing mailed on October 14, 2004; notice to the general public of date,
time, and place of hearing published on October 16,2004; and Chapter 4 of the City Code. No
public testimony was heard.
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Page 3, City Council Regular Meeting, October 26, 2004
Public Hearing on Acquisition of Utility Easement Located at 2537 Diers Avenue. (Bosselman,
Inc.) Gary Mader, Utilities Director reported that acquisition of a utility easement located at 2537
Diers A venue was required in order to have access to install, upgrade, maintain, and repair power
appurtenances, including lines and transformers. The easement would be used to serve electricity
to the new business on Lot 1, Bosselman Subdivision from an existing transformer. No public
testimony was heard.
ORDINANCES:
Councilmember Pielstick moved "that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#8938 - Consideration of Creation of Street Improvement District No. 1255; American
Independence Subdivision for Independence A venue, Lariat Lane, and Sharma Street
#8939 - Consideration of Assessments for Sanitary Sewer District No. 513, Gosda
Subdivision along Lillie Drive West of North Road
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.
Steve Riehle, Public Works Director commented on Ordinance #8938 the creation of Street
Improvement District No. 1255 and Ordinance #8939 assessments for Sanitary Sewer District
No. 513.
Motion was made by Gilbert, second by Walker to approve Ordinances #8938 and #8939.
City Clerk: Ordinances #8938 and #8939 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 #8938 and #8939 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: By reason of the roll call votes on first reading and then upon final passage, Ordinances
#8938 and #8939 are declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Council requested items G-4, G-7, G-9, G-IO, and G-14 be pulled from
the Consent Agenda for separate action. Motion by Gilbert, second by Comelis to approve the
Consent Agenda excluding items G-4, G-7, G-9, G-IO, and G-14. Upon roll call vote, all voted
aye. Motion adopted.
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Page 4, City Council Regular Meeting, October 26, 2004
Approving Minutes of October 12. 2004 City Council Regular Meeting.
Approving Minutes of October 19.2004 City Council Study Session.
Approving the Appointment of Scott Erickson to the Regional Planning Commission.
Approvin~ Request of Stratford Plaza. LLC dba Howard Johnson Riverside Inn. 3333 Ramada
Road for a Class "co> liQuor License contingent upon final inspections.
Approving ReQuest of Nancy Smith. 1614 West 7th Street. Hastings. Nebraska for Liquor
Manager Designation for Howard Johnson Riverside Inn. 3333 Ramada Road.
Approving Request of Andrew Meier. 123 Meadowlark Circle. Doniphan. Nebraska for Liquor
Manager Designation for EI Copa Cabana. 2808 Old Fair Road. Suite B.
#2004-268 - Approving Acquisition of Utility Easement Located at 2537 Diers Avenue.
(Bosselman. Inc.)
#2004-269 - Approving Bid Award for Uniform Rental for Utilities and Public Works
Department with Paramount Linen and Uniform Rental of Kearney. Nebraska.
#2004-270 - Approving Interlocal Agreement with College Park of Grand Island. Nebraska for
Development of the Riverway Hike/Bike Trail.
#2004-272 - Approving Certificate of Final Completion for Professional Services Agreement for
Development of the Rifle and Pistol Ranges with C. Vargas and Associates of Jacksonville.
Florida.
#2004-273 - Approving Authorization to Use Emergency Procurement Procedures to Make
Repairs to a Blower at the Waste Water Treatment Plant with Northwest Electric Shop of
Lincoln. Nebraska in an Amount of $26.284.22.
#2004-274 - Approving Change Order #1 to the Contract for the Grand Generation Addition and
Renovation with Starostka Group of Grand Island. Nebraska for an increase of $17.524.25.
which will be paid entirely by the Senior Citizens Industries. Inc.
#2004-275 - Approving Subordination Agreements with Eleanor F. Bennett for Property
Located at 1122 East 9th Street and Purchased Under CDBG Down Payment Assistance Program
and Affordable Housing Trust Fund.
#2004-276 - Approving Subordination Agreement with David and Michelle Grinnell for
Property Located at 1208 Warren Lane and Purchased Under CDBG Down Payment Assistance
Program.
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Page 5, City Council Regular Meeting, October 26, 2004
#2004-277 - Approving Renewal of Upgrade and Compliance of Microsoft Licensinl} with the
Microsoft Select Agreement in an Amount of $86.619.42 to be paid in three annual installments.
Approving Request of Scott & Carla Dominick dba Crooner's. 418 West 4th Street for a Class
"C" Liquor License contingent upon final inspections. Motion by Whitesides, second by Gilbert
to approve contingent upon final inspections. Unanimously approved.
Approving Request of A. Meier. Inc. dba EI Copa Cabana. 2808 Old Fair Road. Suite B for a
Class "C" Liquor License contingent upon final inspections. Motion by Cornelius, second by
Haase to approve contingent upon final inspections. Unanimously approved.
Approving Request of Perez. Inc. dba Tucanaso. 410 East 4th Street for a Class "C" Liquor
License. Motion by Pielstick, second by Whitesides to deny the request of Perez, Inc. dba
Tucanaso, 410 East 4th Street for a Class "C" Liquor License for the reason that the applicant
failed to contact City Department's as required by City Code to complete inspections and
previous violations. Upon roll call vote all votes aye. Motion adopted.
Approving Request of Anastacio Jacobo. 411 East 4th Street. Apt. 1 for Liquor Manager
Desi~ation for Tucanaso. 410 East 4th Street. Motion by Pielstick, second by Whitesides to deny
the request of Anastacio Jacobo, 411 East 4th Street, Apt. 1 for Liquor Manager designation for
Tucanaso, 410 East 4th Street. Upon roll call vote, all voted aye. Motion adopted.
#2004-271 - Approving Bid Award for Site Preparation and Lake Excavation at CAAP with
Hooker Brothers Construction Company of Grand Island. Nebraska in an Amount of
$684.150.00. Steve Paustian, Parks and Recreation Director reported that the engineer's estimate
for this project was $2,441,970.10 and that the two bids received were below that amount. Total
budget available for this work was $500,000.00. Mr. Paustian stated several items of the
proposed work could be modified to save substantial dollars. Additional funds were available in
the 400 fund as well a possible assistance from private sources and foundations.
Motion by Gilbert, second by Whitesides to approve Resolution #2004-271.
Discussion was held concerning the costs of this project. Mr. Paustian explained the lake
excavation and the bidding process.
Motion was made by Whitesides to refer this matter to the first Council Meeting in December
2004. Motion died due to lack of a second.
Upon roll call vote to approve, Councilmembers Whitesides, Pielstick, Gilbert, Nickerson,
Cornelius, Pauly, Walker, and Haase voted aye. Councilmember Meyer voted no. Motion
adopted.
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Page 6, City Council Regular Meeting, October 26, 2004
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Haase to approve the Claims for the period of October 13, 2004
through October 26,2004, for a total amount of $3,661,026.41. Motion adopted. Councilmember
Pielstick abstained from Claim #82946.
ADJOURNMENT: The meeting was adjourned at 7:55 p.m.
PJ\OLWW~
RaNae Edwards
City Clerk