04/27/2010 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
Apri127, 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 April
27, 2010. Notice of the meeting was given in The Grand Island Independent on Apri121, 2010.
Mayor Hornady called the meeting to order at 7:00 p.m. The following City Councilmember's were
present: Meyer, Niemann, Gilbert, Haase, Dugan, Ramsey, Zapata, and Gericke. The following City
Officials were present: Councilmember's Carney and Nickerson were absent. City Administrator Jeff
Pederson, City Clerk RaNae Edwards, City Attorney Dale Shotkoski, Finance Director Mary Lou
Brown, and Public Works Director Steve Riehle.
INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE.
Councilmember Carney was present at 7:05 p.m.
MAYOR COMMUNICATION: Mayor Hornady introduced CYC members Jessica Weins and Alisia
Rivera.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Larry Graves, Senior Power Plant Operator with the Utilities Department for 40
Years of Service with the City of Grand Island. Mayor Hornady and the City Council recognized
Larry Graves, Senior Power Plant Operator for 40 years of service with the City of Grand Island.
Utilities Director Gary Mader commented on Mr. Graves's service with the Utilities Department.
Larry Graves was present to receive the recognition.
Proclamation "Stand Against Racism" Apri130, 2010. Mayor Hornady proclaimed April 30, 2010 as
"Stand Against Racism". Dori Bush, 2508 Stagecoach Road and Jen Larson, Executive Director of
the YWCA were present to receive the proclamation.
Proclamation "Arbor Day" April 30, 2010. Mayor Hornady proclaimed April 30, 2010 as "Arbor
Day". Parks and Recreation Director Steve Paustian was present to receive the proclamation.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Gilbert, second by Dugan, carried
unanimously to adjourn to the Board of Equalization.
#2010-BE-1 -Consideration of Determining; Benefits for 2009 Weed and Nuisance Special
Assessments. Mayor Lou Brown, Finance Director reported that under Chapter 17 of the Grand
Island City Code, the City had several properties which were not mowed of which the City
contracted to have taken care of. The City Council in its' capacity as the Board of Equalization
was required to determine the benefits for the 2009 Weed Abatement Program and nuisance
abatement.
Lewis Kent, 624 Meves Avenue spoke in support of mowing weeds. Gary Valasek, 4321
Michigan Avenue stated he had cut the weeds after notification and objected to the assessment
on his properties. Police Chief Steve Lamken reported dates that the Community Service
Page 2, City Council Regular Meeting, April 27, 2010
Officer's had contacted Mr. Valasek to mow his weeds. When he did not comply with the
requests they contacted the lawn mowing service that went to the property to mow but Mr.
Valasek told them to leave. Mr. Lamken stated there was a charge from the lawn mowing service
to show up even if they could not do the mowing.
Discussion was held regarding the requirements to mow weeds. City Attorney Dale Shotkoski
commented on the value to the property and explained the assessment process.
Motion by Meyer, second by Gericke to approve Resolutions #2010-BE-1. Upon roll call vote,
Councilmember's Meyer, Niemann, Gilbert, Carney, Dugan, Ramsey, Zapata, and Gericke voted
aye. Councilmember Haase voted no. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Gilbert, second by Ramsey, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Request from Casey's Retail Company dba Casey's General Store #2882 1404
West 2nd Street for a Class "B" Liquor License. RaNae Edwards, City Clerk reported that an
application for a Class "B" Liquor License had been received from Casey's Retail Company dba
Casey's General Store #2882, 1404 West 2nd Street. Ms. Edwards presented the following exhibits
for the record: application submitted to the Liquor Control Commission and received by the City on
Apri15, 2010; notice to the general public of date, time, and place of hearing published on April 17,
2010; notice to the applicant of date, time, and place of hearing mailed on April 5, 2010; along with
Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. No
public testimony was heard.
Public Hearing on Request from Casey's Retail Company dba Casey's General Store #2883, 1420
South Locust Street for a Class "B" Liquor License. RaNae Edwards, City Clerk reported that an
application for a Class "B" Liquor License had been received from Casey's Retail Company dba
Casey's General Store #2883, 1420 South Locust Street. Ms. Edwards presented the following
exhibits for the record: application submitted to the Liquor Control Commission and received by the
City on April 5, 2010; notice to the general public of date, time, and place of hearing published on
April 17, 2010; notice to the applicant of date, time, and place of hearing mailed on April 5, 2010;
along with Chapter 4 of the City Code. Staff recommended approval contingent upon final
inspections. No public testimony was heard.
ORDINANCES:
#9254 -Consideration of Annexation Request of a Tract of Land Being Platted as Shady
Bend Subdivision and Adjacent Right-of--Way Located South of U.S. Highway 30 and West
of the New Shady Bend Road (Third Reading)
Regional Planning Director Chad Nabity reported this was the third of three readings.
Motion by Meyer, second by Gericke to approve Ordinance #9254 on third reading. Upon roll call
vote, all voted aye. Motion adopted.
Councilmember Gilbert moved "that the statutory rules requiring ordinances to be read by title on
three different days be suspended and that ordinances numbered:
Page 3, City Council Regular Meeting April 27, 2010
#9260 -Consideration of Assessments for 2009 Weed and Nuisance Abatement Program
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 Zapata second
the motion. Upon roll call vote, all voted aye. Motion adopted.
Ordinance #9260 related to the aforementioned Board of Equalization. Discussion was held
regarding the City Code Sections 17-36 and 17-38 in the ordinance. This should have been Sections
17-50 thru 17-52 which was corrected on the final ordinance.
Motion by Gilbert, second by Zapata to approve Ordinance #9260.
City Clerk: Ordinance #9260 on first reading. All those in favor of the passage of this ordinance on
first reading, answer roll call vote. Upon roll call vote, Councilmember's Meyer, Niemann, Gilbert,
Carney, Dugan, Ramsey, Zapata, and Gericke voted aye. Councilmember Haase voted no. Motion
adopted.
City Clerk: Ordinance #9260 on final passage. All those in favor of the passage of this ordinance on
final passage, answer roll call vote. Upon roll call vote, Councilmember's Meyer, Niemann, Gilbert,
Carney, Dugan, Ramsey, Zapata, and Gericke voted aye. Councilmember Haase voted no. Motion
adopted.
Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9260 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Consent Agenda items G-4 and G-7 were pulled for further discussion.
Motion by Zapata, second by Ramsey to approve the Consent Agenda excluding items G-4 and G-7.
Upon roll call vote, all voted aye. Motion adopted.
Receipt of Official Documents -Pawnbroker's Official Bonds for G.I. Loan Shop and Wayne's
Pawn Shop.
Approving Minutes of April 13, 2010 City Council Regular Meeting
Approving Minutes of Apri120, 2010 City Council Special Meeting
#2010-115 -Approving Final Plat and Subdivision Agreement for Shady Bend Subdivision. It was
noted that Craig and Karen Woodward, owners had submitted the Final Plat and Subdivision
Agreement for Shady Bend Subdivision for the purpose of crating 2 lots on a tract of land comprising
a part ofthe W1/2NW1/4 and part of the NWl/4SW1/4 in Section 12-11-9.
#2010-116 - Approvingt Renewal of Leases at Cornhusker Army Ammunition Plant for Storage
Buildings with Dominion Construction Company of Scottsbluff, Nebraska in an Amount of $2,900
per year and Jerry Harders of Wood River, Nebraska in an Amount of $900.00 per year.
#2010-118 Approving Contract Time Extension to October 1, 2010 with Nature's Helper of
Omaha, Nebraska for Furnishing and Installation of Irrigation System at the Veterans Athletic Field
Complex.
Page 4, City Council Regular Meeting, April 27, 2010
#2010-119 -Approving Project Pro ram Agreement with the Nebraska Department of Roads for
Construction of the Grand Island Connector Trail.
#2010-120 -Approving Bid Award for Burdick Unit #2 Generator Breaker Addition with Eaton
Corporation of Moon Township, Pennsylvania in an Amount of $86 670.00.
#2010-121 -Approving Agreement between the City of Grand Island and the Nebraska Department
of Health and Human Services for Water Main Project Plans Review Pursuant to Chapter 2 of Title
179, Public Water Systems for an Annual Fee of $900.00.
#2010-122 -Approving Application for Victims of Crimes Act (VOCA) Grant.
#2010-144 -Approving Parking Space Lease at the Police Department Impound Lot 510 South
Stuhr Road with Gleeson Constructors and Engtiineers L.L.C. of Sioux City, Iowa in an Amount of
$100.00 per month. Discussion was held concerning the cost of $100.00 per month. Councilmember
Gericke recommended $500.00 per month.
Motion by Gericke to amend the motion to strike $100.00 and insert $500.00. Motion died due to
lack of a second.
Motion by Gericke, second by Meyer to approve Resolution #2010-144. Upon roll call vote,
Councilmember's Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, and Zapata voted aye.
Councilmember Gericke voted no. Motion adopted.
#2010-117 -Approving Contract Time Extension to December 1, 2010 with Ensley Electrical
Services, Inc. of Grand Island, Nebraska for Furnishing and Installation of Ball Field Lightin ag t the
Veterans Athletic Field Complex. Discussion was held regarding the different dates on the memo and
resolution. The correct date was December 1, 2010
Motion by Gericke, second by Dugan to approve Resolution #2010-117. Upon roll call vote, all
voted aye. Motion adopted.
REQUESTS AND REFERRALS:
Consideration of Request from Erika Galaviz-Mendoza, PO Box 682 for Liquor Manager
Designation for Fiesta Latina/Nebraska Music Hall, 2815 South Locust Street. City Clerk RaNae
Edwards reported that Erika Galaviz-Mendoza, PO Box 682 had submitted an application for a
Liquor Manager Designation in conjunction with the Class "C-34765" Liquor License for Fiesta
Latina/Nebraska Music Hall, 2815 South Locust Street.
Ms. Edwards stated the Grand Island Police Department's investigation report recommended Council
deny this application based on failure to disclose a bad check conviction and traffic conviction. Also,
not listing on the application a home telephone number and a home address. Failure to disclose
information makes the application false under the Nebraska Liquor Control Act (Part II Chapter 2
Section 010.01). A suspended driver's license in Nebraska and Iowa and failure to pay fines showed
a lack of responsibility and financial mismanagement. Ms. Edwards sent a letter to the applicant on
Apri19, 2010 notifying her of the date for Council action. The letter was returned on Apri120, 2010
"not deliverable as addressed unable to forward". Staff recommended council deny this application.
Page 5, City Council Regular Meeting April 27, 2010
Motion by Meyer, second by Niemann to deny the request from Erika Galaviz-Mendoza, PO Box
682 for Liquor Manager Designation for Fiesta Latina/Nebraska Music Hall, 2815 South Locust
Street based on failure to disclose information on the application, making this a false application
under the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01). Upon roll call vote, all
voted aye. Motion adopted.
RESOLUTIONS:
#2010-123 -Consideration of Request from Casey's Retail Company dba Casey's General Store
#2882, 1404 West 2nd Street for a Class "B" Liquor License and Liquor Manager Designation for
Tina Krings, 1009 Milan Dr. #7, Norfolk, Nebraska. This item related to the aforementioned Public
Hearing.
Motion by Meyer, second by Niemann to approve Resolution #2010-123 contingent upon final
inspections and Ms. Krings completing a state approved alcohol server/seller training program. Upon
roll call vote, all voted aye. Motion adopted.
#2010-124 -Consideration of Request from Casey's Retail Company dba Casey's General Store
#2883, 1420 South Locust Street for a Class "B" Liquor License and Liquor Mana er Desi nation
for Tina Krings, 1009 Milan Dr. #7, Norfolk, Nebraska. This item related to the aforementioned
Public Hearing.
Motion by Meyer, second by Niemann to approve Resolution #2010-124 contingent upon fmal
inspections and Ms. Krings completing a state approved alcohol server/seller training program. 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 April 14, 2010 through
April 27, 2010, for a total amount of $2,642,205.19. Unanimously approved.
Motion by Dugan, second by Ramsey to approve the Claims for the Period of April 14, 2010 through
April 27, 2010 for the Veterans Athletic Field Complex for a total amount of $49,787.61.
Unanimously approved. (Correction was made deleting $65.27 from the original amount on-line.)
Motion by Dugan, second by Ramsey to approve the Claims for the period of April 14, 2010 through
April 27, 2010 for the State Fair Recreation Building for a total amount of $255,432.39.
Unanimously approved. (Correction was made adding $65.27 from the original amount on-line.)
ADJOURNMENT: The meeting was adjourned at 7:45 p.m.
~~~~.~
RaNae Edwards
City Clerk