Regular Meeting
April
4, 2005
The Scottsbluff City Council met in a regular
meeting on Monday, April 4, 2005 at 6:00 p.m. in the Council Chambers of City
Hall, 1818 Ave A, Scottsbluff. A notice
of the meeting had been published on April 1, 2005 in the Star Herald, a
newspaper published and of general circulation in the city. The notice stated
the date, hour and place of the meeting, that the meeting would be open to the
public. That anyone with a disability desiring reasonable accommodation to attend
the council meeting should contact the city clerk’s office, and that an agenda
of the meeting kept continuously current was available for public inspection at
the office of the city clerk in City Hall; provided, the city council could
modify the agenda at the meeting if it determined that an emergency so
required. A similar notice, together
with a copy of the agenda, also had been delivered to each council member, made
available to radio stations KNEB, KMOR, KOAQ, and television stations KSTF and
KDUH, and the Star Herald. The notice
was also mailed to 11 agencies, as prescribed by the Handicapped Advisory
Committee in a written report, on April 1, 2005. An agenda kept continuously current was
available for public inspection at the office of the city clerk at all times
from publication of the notice to the time of the meeting.
City Clerk Otte clarified agenda item 9c pertained
to the Scottsbluff/Gering Bridge Trail project and requested agenda item 11e
referencing an engineering agreement with Baker & Associates for the 33rd
Street Project be pulled from the agenda for further legal review. Council
noted said change and agreed to the request to pull the item from the agenda.
Moved by Council Member Libsack, seconded by Council
Member Erdman that:
1. “Regular Council Meeting
minutes of March 21, 2005 be approved.”
2. “Receipt of claim of Michael
and Susan Welker, HC 60, Box 4B, Kilgore, NE, as represented by Robert M.
Brenner, Atty, for personal property damage be acknowledged and said claim
forwarded to the City’s insurance carrier.”
3. “The appointment by
Burlington Bar, LLC dba “Burlington Bar” of Britnee L. Bayne as manager of its
Class C Liquor license at 1001 Avenue I, Scottsbluff, NE be approved.”
4. “Plans and specifications
for water improvements for Five Oaks Subdivision be approved and the City Clerk
authorized to advertise for bids to be received prior to 9:00 a.m. on April 27,
2005.”
5. “Plans and specifications
for sewer improvements for Five Oaks Subdivision be approved and the City Clerk
authorized to advertise for bids to be received prior to 9:00 a.m. on April 27,
2005.”
6. “Plans and specifications
for grading improvements for Five Oaks Subdivision be approved and the City
Clerk authorized to advertise for bids to be received prior to 9:00 a.m. on
April 27, 2005.” “YEAS” Hessler, Libsack, Boeckner, Redfern, Erdman. “NAYS”
None. Absent: None.
Moved by Council Member Hessler, seconded by Council Member Erdman, “That the following claims be and hereby are approved and should be paid as provided by law out of the respective funds designated in the list of claims dated April 4, 2005, as on file with the City Clerk and submitted to the City Council.” “YEAS” Hessler, Libsack, Boeckner, Redfern, Erdman. “NAYS” None. Absent: None.
CLAIMS
Payroll
$51,857.80 w/h; Regional Care $61,007.87 ins claims; Wells Fargo $22,449.86
retirement; PVNB – Health Sav $3,014.60 health sav; State of NE $29,283.03
sales tax, payroll tax; Accel Rec Sol $140.52 wage attach; Pam Adams $17.32
refnd; Alamar Uniforms $122.48 uniform; Alliance, City Of $115.80 maint; Allo
Communications $35,000.00 econ dev; Alltel $568.02 service; Auto Zone $50.72
supplies, tools; Bailys Lock & Key $9.40 supplies; Avis Blaylock $13.00
refnd; Bluffs San Supply $195.95 maint, supplies; Bowman Dist $234.76 supplies;
Broadway Office $132.22 supplies; Debra Carlson $64.03 supplies, conference;
Carr Trumbull Lbr $172.95 supplies, repairs; Cementers $1,300.00 repairs; Cntr
Point Large Prnt $109.74 books; City Of Scottsbluff $144,876.60 training,
payroll, maint; Cloudmountain Communications $34.95 video; Colorado State Univ
$177.00 service; Colonial Life $291.60 ins; Commsource $50.00 maint; Cortez,
Celida $22.44 witness fees; Crescent Elect Supply $54.92 maint; Culligan $6.95
maint; Dales Tire & Retread $2,864.53 repairs; Dell Service Sales $294.00
maint; Dlt Solutions $436.00 subs; J G Elliott $1,750.00 bond; Cody Enlow
$98.12 uniform; Enviro Tech $2,249.66 supplies; Bruce Ferguson $98.12 uniform;
Floyds Sales & Serv $316.75 parts; Fortis Benefits Ins $440.32 ins; Frank
Imp $1,215.09 maint;
Mayor
Boeckner opened the public hearing as advertised for this date to consider
rezoning – Tract 1, and the Southern Half of Tract 2, Third Winters Creek
Estates Subdivision from R-1A
(Residential) to AR-1
(Agricultural Residential).
City
Manager
Council Member Erdman introduced Ordinance No. 3848 which was read by title: AN ORDINANCE AMENDING §25-1-43 OF THE SCOTTSBLUFF MUNICIPAL CODE BY ADOPTING AMENDED ZONING MAP 39B.
Moved
by Council Member Erdman, seconded by Council Member Hessler, “That the
statutory rule requiring the ordinance to be read by title on three different
days be suspended.” “YEAS” Hessler, Libsack, Boeckner, Redfern, Erdman. “NAYS”
None. Absent: None.
Moved by Council Member Hessler, seconded by Council Member Libsack, “That the ordinance be adopted.” “YEAS” Hessler, Libsack, Boeckner, Redfern, Erdman. “NAYS” None. Absent: None. The motion carried having been approved by three-fourths of the Council Members.
Mayor Boeckner opened the public hearing as advertised for this date to consider the annexation of property located in the northwest and southwest quarters of Section 14, Township 22 North, Range 55 West of the Sixth Principal Meridian, Scotts Bluff County, Nebraska. (Gritzfeld Subdivision)
City
Manager
Council Member Libsack introduced an ordinance on first reading which was read by title: AN ORDINANCE ANNEXING APPROXIMATELY 4.153 ACRES LOCATED IN THE NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 55 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SCOTTS BLUFF COUNTY, NEBRASKA.
City
Attorney Howard Olsen stated his firm had a conflict of interest with regard to
the application of Jessica A Ryks and Douglas M Provost, dba “My Place Bar
& Grille”. City Manager
Mayor
Boeckner opened the public hearing as advertised for this date to consider the
Retail Class C liquor license application of Jessica A Ryks and Douglas M
Provost, dba “My Place Bar & Grille”, 1901 21st Avenue,
Scottsbluff. Witnesses were sworn in by Mayor Boeckner. City Clerk Otte
presented exhibits numbered one through five.
Moved by Council Member Redfern, seconded by Council Member Libsack, “That the following exhibits, presented on behalf of the City Council, be entered into the record: 1) Application of Jessica A Ryks and Douglas M Provost, dba “My Place Bar & Grille”; 2) City Council Check List for Section 53-132R.R.S. (Cum Supp 2002); 3) Written Statement of Police Chief Livingston dated March 31, 2005; 4) Written Statement of City Clerk Otte dated April 4, 2005; 5) Written Statement of City Planner Bassinger dated March 8, 2005.” “YEAS” Hessler, Boeckner, Libsack, Redfern, Erdman. “NAYS” None. Absent: None.
Jessica A Ryks, 1901 21st Avenue stated she is the general manager for the Days Inn and has been operating as manager of the lounge along with Douglas Provost. She stated Mr. Provost resides in Colorado and travels to Scottsbluff about once per week. She stated she has six years experience in the restaurant/lounge business. Ms. Ryks stated they have conducted extensive remodeling on the facility and were excited to have people see the improvements. She stated they have eliminated the rougher crowd and serve mostly motel guests. She stated she has contacted Tammy Otto with the Nebraska State Patrol to set up training and will be requiring each of her employees working in the lounge area to go through the on-line training.
Attorney Jim Ellison interviewed Ms. Ryks about her and Mr. Provosts past criminal history and misdemeanor record and asked why she did not disclose leaving the scene of an accident in 1996 and a domestic disturbance charge in 1999 on the liquor application. She stated she remembered leaving the scene of an accident, but just didn’t remember to put it on the application form. Mr. Ellison questioned her about an event held at the Days Inn on the previous New Year’s Eve and the Police Department called to the motel. Ms. Ryks stated she and Mr. Provost were supervising the event with Tom Karel who was the license holder. She stated she had been drinking and was intoxicated a little and reported to the Police she was “a little tipsey”. When questioned why neither her nor Mr. Provost were attending the event, she said she was exhausted from preparing for the function and went to bed early but felt the event was being handled because she had extra security people and the lounge supervisor tending to the event. When asked if she and Mr. Provost were arguing that evening, she stated they had an argument in the bar, but there was no physical contact. She admitted an acquaintance of hers came to her room to check on her and evidently called the Police and filed a complaint for assault. Mr. Ellison stated the Police report states they had to get a master key to get into the room as no one would open the door. Ms. Ryks stated she does not remember all of the particulars as she was sleeping. Ms. Ryks admitted Mr. Provost had also been drinking that night. Mr. Ellison questioned Ms Ryks about recent advertisements in the newspaper offering “$1.00 Wells all night Every Saturday” and other discounted specials involving the sale of liquor and whether she felt that encouraged irresponsible drinking. Ms.Ryks stated she did not look at the advertisements in that manner and was making an attempt to get people in the door to see all of the changes. Mr. Ellison asked her whether she was aware that Mr. Provost had a DWI in 1994 that was not reported on the application along with numerous other misdemeanors that were not reported. She stated she was not aware of the items not reported and the only information provided on the application about him was what he provided.
Police Chief Livingston stated in the late 1970’s the Scottsbluff Inn (current site of the Days Inn) had a similar New Year’s Eve function whereby the motel had every room booked and they were serving meals and the liquor was flowing. At 2:00 a.m., the Police Department got a call of a disturbance and the whole place erupted into riotous behavior. He stated outside law enforcement agencies had to be called in to help break up the affair. The motel suffered $15,000 - $20,000 in damage. Since that year, the department schedules 10-12 officers on New Year’s Eve and hopes they never have to respond to anything like that again. Chief Livingston stated they carefully watch for when establishments with licenses are having potential large events and make sure the managers are on hand and on the ball to make sure the event doesn’t get out of hand. He stated he was very disappointed to learn the managers of the earlier event were not in any position to help. He stated both Ms. Ryks and Mr. Provost stated in their interviews that this would never happen again. Mr. Livingston went on to say that the background checks are the only means of getting quality people in to manage liquor licenses and the non-quality persons out. He stated the background is the first line of defense and the citizens rely on that information. He stated the applicant’s track record is not that great. He stated Ms. Ryks was supervising events as early as November and admits to not ever receiving any training in liquor sales and distribution. He stated Mr. Provost commented he does not intend to have anything to do with the bar and therefore feels no need to have any training, but will “talk” weekly to Ms. Ryks. He closed by stating there appears to be enough evidence to closely look at this application. Hearing no further comments, Mayor Boeckner closed the public hearing.
Ms. Ryks approached the Council and stated she probably talks to Mr. Provost 10 times a day and he is closely involved with handling of the inventory, closing and other daily operations. She admitted the New Year’s Eve situation should never have happened, but did have 6 extra security people, the front desk manager and the bar supervisor tending to the event. She stated she is very knowledgeable with the liquor laws and has tended bar. She stated she may not know everything, but has experience and has spent a lot of time on the application in preparation for the license and would like to have a chance to prove they can manage the license.
Moved by Council Member Libsack, seconded by Council Member Redfern, “That recommendation be made to the Nebraska Liquor Control Commission denying the issuance of a Retail Class C liquor license to Jessica A Ryks & Douglas M. Provost, dba “My Place Bar & Grille”, 1901 21st Avenue, Scottsbluff, NE based on the Nebraska Checklist, Section 53-132 R.R.S., in particular items 2b and 2c, the applicant has not demonstrated the ability to conform to all laws and has not demonstrated that the type of management and control exercised over the licensed premises will be sufficient to ensure conformance with law to properly serve or sell liquor in conformance to the rules and regulations of NLCA.” “YEAS” Hessler, Libsack, Boeckner, Redfern, Erdman. “NAYS” None. Absent: None.
RESOLUTION NO. 05-4-1
BE
IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SCOTTSBLUFF, NEBRASKA:
1.
On April 4, 2005 the matter of the application of Jessica A Ryks &
Douglas M Provost, doing business as “My Place Bar & Grille” for a Retail
Class C liquor license at 1901 21st Avenue, Scottsbluff, Nebraska,
came on for consideration by the Council.
The following exhibits were offered and received:
Exhibit 1 - Application of Jessica A Ryks & Douglas M
Provost, dba “My Place Bar & Grille”
Exhibit 2 - City Council Check List for Section 53-132
R.R.S. (1984)
Exhibit 4 - Written statement of City Clerk dated April
4, 2005
2.
Witnesses were sworn in and testimony was received in support of the
application at the public hearing on this date from partner and manager Jessica
A Ryks. Chief Livingston spoke on behalf of the City of Scottsbluff. Jim
Ellison, Attorney, offered legal counsel on behalf of the City as City Attorney
Howard Olsen declared a conflict for his firm with the applicant.
3.
Upon consideration of the evidence and the criterion to be considered
by the City Council pursuant to law, the City Council finds as follows:
a. Applicant has not met its
burden with regard to the check list provided by Section 53-132 R.R.S. (Cum
Supp 2002) and has not demonstrated the ability to conform to all laws and has
not demonstrated that the type of management and control exercised over the
licensed premises will be sufficient to ensure conformance with law to properly
serve or sell liquor in conformance to the rules and regulations of the
Nebraska Liquor Control Act.
4.
By reason of the above, the Applicant has not met the burden of proof
and persuasion in producing evidence pertaining to the criterion prescribed in
the Nebraska Statutes.
5.
Based on the above findings, the City Council denies the application
and recommends to the Nebraska Liquor Control Commission that a Retail Class C
liquor license not be issued to Jessica A Ryks & Douglas M Provost, doing
business as “My Place Bar & Grille” at the premises described in the
application.
6.
The City Clerk shall transmit a copy of this Resolution to the
Commission.
7.
Cost of publication: $17.18.
Passed and approved this 4th
day of April, 2005.
____________________________________
Mayor
ATTEST:
_______________________________
City Clerk
“seal”
City
Manager Rick Kuckkahn presented bids received for an aerial lift truck. Bids
received were: Layton Truck $65,000; Layton Truck $62,500; Altec Ind $64,715;
Terex Ind $70,641; and Amer-Tech $69,995. Staff recommendation is for the new
truck provided by Layton Truck in that it has a 45’ aerial height as opposed to
the 42’ for the demo truck provided by Layton Truck. The demo unit has 7,800
miles and has one year of the warranty used. Staff feels the full warranty and
the extra 3’ in aerial reach is worth spending the extra $2,500 for the new
vehicle.
Moved
by Council Member Hessler, seconded by Council Member Erdman, “That the bid for
one aerial lift truck be awarded to Layton Truck for a 2006 Ford in the amount
of $65,000 being the most responsible bid.” “YEAS” Hessler, Libsack, Boeckner,
Redfern, Erdman. “NAYS” None. Absent: None.
City
Manager Rick Kuckkahn presented the bids for the Scottsbluff/Gering Bridge
Trail project. Bids received were: Heggem Construction $974,041.05 and Paul
Reed Construction $1,010,233.91. He stated the bids are $105,777 over the
budgeted amount and if the Monument Valley Pathways group is unable to raise
those funds, the City would be responsible for making up the shortfall. He
stated he would anticipate the City of Gering to cover one-half of the
shortfall, but it is still a large amount to fund. He stated he visited with
Troy Hilyard of the MVP group and they will need additional time for fundraising.
Mr. Kuckkahn recommended reject all bids and rebidding the project to see if
the bids can come in closer to the available funds.
Moved
by Council Member Hessler, seconded by Council Member Libsack, “That the bids
received for the Scottsbluff/Gering Bridge Trail project be rejected due to all
bids over the budgeted funds.” “YEAS” Hessler, Libsack, Boeckner, Redfern,
Erdman. “NAYS” None. Absent: None.
Moved
by Council Member Hessler, seconded by Council Member Erdman, “That plans and
specifications for the Scottsbluff/Gering Bridge Trail project be approved for
re-bid and the City Clerk authorized to advertise for bids to be received prior
to 11:00 a.m., April 27, 2005.” “YEAS” Hessler, Libsack, Boeckner, Redfern,
Erdman. “NAYS” None. Absent: None.
City
Manager Rick Kuckkahn requested Council amend the capitalization policy to
$5,000 for land, building, vehicles and equipment and $50,000 for
infrastructure. He stated the current policy, with much lower amounts, results
in over 3,000 assets on the depreciation schedule. Under the new policy, that
list would be lowered to around 700 items. He stated all items, regardless of
value, will still be inventoried and tracked on an asset list; however, the
capitalized items would be different.
Finance
Director Renae Griffiths stated she checked with the State of Nebraska and with
the auditors and they were o.k. with the higher values for the capitalized
items.
Moved
by Council Member Libsack, seconded by Council Member Erdman, “That the
capitalization policy be amended to $5,000 for land, building, vehicles and
equipment and to $50,000 for infrastructure.” “YEAS” Hessler, Libsack,
Boeckner, Redfern, Erdman. “NAYS” None. Absent: None.
City
Manager Rick Kuckkahn presented an agreement with NPPD stating the Nebraska
Power Review Board files show a common service area boundary between the City
and Roosevelt PPD. The area that is presently Roosevelt PPD’s service are will
become NPPD’s service are. Scottsbluff is being asked to sign the document in
order to show they recognize the change in service area that borders
Scottsbluff. Scottsbluff’s service area will not change.
Moved
by Council Member Libsack, seconded by Council Member Hessler, “That the
application between Nebraska Public Power District, Roosevelt Public Power
District and the City of Scottsbluff to modify the service area agreements be
approved and the Mayor authorized to execute said application.” “YEAS” Hessler,
Libsack, Boeckner, Redfern, Erdman. “NAYS” None. Absent: None.
Moved
by Council Member Hessler, seconded by Council Member Erdman, “That the partial
release of mortgage for Lot 9, Block 2, Northern Heights Addition by Foos be
approved and the Mayor authorized to execute said release.” “YEAS” Hessler,
Libsack, Boeckner, Redfern, Erdman. “NAYS” None. Absent: None.
City
Manager Rick Kuckkahn stated the economic development agreement with Westward
Airways includes a Guaranty and Stock Pledge given by John Warden and Kristi
Feusner. The Economic
Development
Application Review Committee has determined the new shareholders to have
significant net worth and recommends entering into an amendment to the 1999
Westward Airways grant agreement providing for the transfer of stock of Feusner
and Warden to the current shareholders and releasing Warden and Feusner from
all liability from the EDA Agreement and the Notice of Default previously
issued to Westward Airways cancelled.
Moved by Council Member Erdman,
seconded by Council Member Boeckner, “That per recommendation of the Economic
Development Application Review Committee, the City Manager, as administrator,
be authorized to enter into an amendment to the 1999 Westward Airways grant
documents to provide: a) the City consents to the transfer of stock of Kristi
Feusner and John Warden to Weinreis Bros., a general partnership, KABAJK,
L.L.C., A&J, Inc., and Western Terminal Storage, Inc., b) the City releases
Warden and Feusner from all liability or responsibility from the EDA Agreement
to include the Guaranty and Stock Pledge given to the City pursuant to the EDA
Agreement with the release conditional upon the buyers of their stock giving to
the City their own Guaranty and Stock Pledge; and c) the Notice of Default
previously given to Westward Airways be cancelled.” “YEAS” Hessler, Libsack,
Boeckner, Redfern, Erdman. “NAYS” None. Absent: None.
Moved by Council Member Erdman,
seconded by Council Member Hessler, “That Resolution NO. 05-4-2 authorizing the
Annual Family Pool Pass Special for the period of May 1-May 31, 2005 at a
discounted rate of $125 be approved.” “YEAS” Hessler, Libsack, Boeckner,
Redfern, Erdman. “NAYS” None. Absent: None.
BE IT RESOLVED BY THE MAYOR
AND CITY COUNCIL OF THE CITY OF SCOTTSBLUFF, NEBRASKA:
Section 1. Pursuant to §
6-6-15 of the Scottsbluff Municipal Code the City Council does hereby authorize
a promotional discount of the charge for annual family pool pass special to
swimming pools in the City. The purchase
price for annual family pool pass special purchased and paid for between the
beginning of business on May 1, 2005, and the conclusion of business on May 31,
2005, shall be the sum of one hundred twenty-five dollars ($125.00). All passes
purchased during this time will be good through May 31, 2006.
Section 2. This Resolution
shall become effective upon its passage and approval.
Passed and approved on April
4, 2005.
_____________________________
Mayor
Attest:
______________________________
City Clerk
Council
Member Libsack introduced Ordinance No. 3849 which was read by title: AN
ORDINANCE AUTHORIZING THE SALE OF LOTS 1, 2, 3, 4, 7, 8, 9, BLOCK 15, ORIGINAL
TOWN TO THE CITY OF SCOTTSBLUFF, SCOTTS BLUFF COUNTY, NEBRASKA. (WPCI/Stylite
Lighting)
Moved
by Council Member Libsack, seconded by Council Member Hessler, “That the
statutory rule requiring the ordinance to be read by title on three different
days be suspended.” “YEAS” Hessler, Libsack, Boeckner, Redfern, Erdman. “NAYS”
None. Absent: None.
Moved by Council Member Libsack, seconded by Council Member Hessler, “That the ordinance be adopted.” “YEAS” Hessler, Libsack, Boeckner, Redfern, Erdman. “NAYS” None. Absent: None. The motion carried having been approved by three-fourths of the Council Members.
At 6:43 p.m., moved by Council
Member Libsack, seconded by Council Member Hessler, “That Council enter into
executive session to discuss the purchase offer on Lots 9B, 8A, and 8B, Paul
Mohr Subdivision and that City Manager Rick Kuckkahn, City Attorney Howard
Olsen, Public Works Director Mark Bohl and City Clerk Bonnie Otte be included
in the executive session.” “YEAS” Hessler, Libsack, Boeckner, Redfern, Erdman.
“NAYS” None. Absent: None.
At 6:45 p.m., the executive session concluded and the following Council Members were present: Hessler, Libsack, Boeckner, Redfern, Erdman. Absent: None.
City Manager Rick Kuckkahn recommended the
Council accept the purchase offer on Lots 9B, 8A, and 8B, Paul Mohr Subdivision
for $50,303 based on an independent appraisal of value at $.45/SF for 111,785
SF.
Moved
by Council Member Libsack, seconded by Council Member Hessler, “That the
purchase offer on Lots 9B, 8A, and 8B, Paul Mohr Subdivision for $50,303 based
on an independent appraisal of value at $.45/SF for 111,785 SF be accepted and
the Mayor authorized to execute appropriate documents for the transfer of real
estate.” “YEAS” Hessler, Libsack,
Boeckner, Redfern, Erdman. “NAYS” None. Absent: None.
At 6:46 p.m. Mayor Boeckner declared the meeting
adjourned.
________________________________
Mayor
ATTEST:
_____________________________
City Clerk
“seal”