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Kearney, Nebraska

August 22, 2006

7:00 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on August 22, 2006, in the Council Chambers at City Hall.  Present were: Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent: None.  Michael W. Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant to City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; Rod Wiederspan, Director of Public Works; Dan Lynch, Chief of Police were also present. Some of the citizens present in the audience included: Dan Tom Weides, Gerry O’Rourke, Walter Kamp, Brian Slater, Marvion Reichert, Bobbie Seals, Jerry Schroeder, John Lash, Karen Staats, James Eggert, Michelle Wilkins, Virgil Spellman, Jerry Schroeder, Frank Kamm, Andy Hambek, Dale Gibbs, Chris Richardson, Ross Armstrong, David Heun, John Wiezorek, Mark Schierling, KHAS TV, NTV, Paul Wice from KGFW Radio, Mike Konz from Kearney Hub.

 

Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being attached to these minutes.  Advance notice of the meeting was also given to the City Council and a copy of their acknowledgment or receipt of such notice is attached to these minutes.  Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and City Council.  All proceedings hereafter shown were taken while the meeting was open to the attendance of the public.

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Reverend Ken Fairbrother from Countryside Christian Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts from Troop 158 led the Council members and audience in the Pledge of Allegiance.

 

ANNOUNCEMENT

 

Mayor Hadley announced that in accordance with Section 84-1412 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is available for review and is posted towards the back of the Council Chambers.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

LAND USE MAP AMENDMENT – NORTH OF 35TH STREET AND WEST OF COUNTRY CLUB LANE

 

Mayor Hadley stated that the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Low Density Residential” to “Medium Density Residential” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 8.62 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane) will remain on the table until September 12, 2006 to allow additional time for owner and applicant to resolve issues regarding the Subdivision Agreement.

 

REZONING – NORTH OF 35TH STREET AND WEST OF COUNTRY CLUB LANE

 

Mayor Hadley stated that the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) to rezone from “District AG, Agricultural District” and “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2, Urban Residential Multi Family District (Medium Density)” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 8.62 acres, more or less, Buffalo County, Nebraska; AND to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single Family District (Low Density)” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 1.19 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane) will remain on the table until September 12, 2006 to allow additional time for owner and applicant to resolve issues regarding the Subdivision Agreement.

 

FINAL PLAT – ASPEN MEADOWS

 

Mayor Hadley stated that the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) for final plat and Subdivision Agreement approval for “ASPEN MEADOWS” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 9.81 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane) will remain on the table until September 12, 2006 to allow additional time for owner and applicant to resolve issues regarding the Subdivision Agreement.

 

INCLUSION TO CITY LIMITS – ASPEN MEADOWS

 

Mayor Hadley stated that the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) for the inclusion into the City limits of “ASPEN MEADOWS” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 9.81 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane) will remain on the table until September 12, 2006 to allow additional time for owner and applicant to resolve issues regarding the Subdivision Agreement.

 

AMEND 2005-2006 BUDGET

 

Mayor Hadley opened the public hearing for the purpose of revising the City of Kearney Budget for the 2005-2006 Fiscal Year.

 

Director of Finance and Administration Wendell Wessels presented this matter to the Council.  By Law, the City may not expend more than the total budget of expenditures unless the provisions of State Statute 13-511, R.R.S. 1943 are met.  Due to unforeseen circumstances, actual expenditures for the current fiscal year will exceed budgeted expenditures in four funds unless the current fiscal year budget is supplemented.  Under these circumstances, state law requires that a public hearing be conducted to supplement the previously adopted budget and an ordinance be passed authorizing the expenditure of the additional requirements.

 

An explanation of the budget adjustments for the four funds are as follows:

 

Economic Development Grant: The budgeted expenditures in the Economic Development Grant Fund need to be increased from $210,000.00 to $487,817.00, or by $277,817.00.  The increase is required because the amount budgeted for the St. Luke’s Good Samaritan Children’s Daycare Center Community Development Block Grant was insufficient.  At the time the 2005-2006 budget was prepared last year, it was anticipated that the CDBG funds would be received and expended prior to September 30, 2005.  However, the CDBG funds were received during the 2005-2006 fiscal year, therefore, this budget needs to be revised to provide the authority to expend the grant proceeds during the current fiscal year.  

 

Lottery Trust: The budgeted expenditures in the Lottery Trust Fund need to be increased from $394,496.55 to $412,434.55, or by $17,938.00.  The increase is required because the amount budgeted for the state lottery tax is not sufficient.  The 2005-2006 budget includes $72,000.00 to be paid to the Nebraska Department of Revenue for the two percent lottery tax.  The amount required for 2005-2006 will be closer to $90,338.00; therefore, this budget needs to be revised to provide the authority to expend the funds for the state lottery taxes.

 

Fire Reserve: The budgeted expenditures in the Fire Reserve Fund need to be increased from $57,500.00 to $92,977.00, or by $35,477.00.  At the time the 2005-2006 budget was prepared, it was anticipated that Homeland Security Grant proceeds received for a trailer used for training by the Fire Department would be expended prior to September 30, 2005.  However, the monies that were expected to be expended prior to September 30, 2005 were not received until after October 1, 2005.  Therefore, this budget needs to be revised to provide the authority to expend the grant funds during the current fiscal year.

 

Special Sales Tax – Capital Improvements/Equipment: The budgeted expenditures in the Special Sales Tax – Capital Improvements/Equipment Fund need to be increased from $0.00 to $100,000.00, or by $100,000.00.  In November of 2005, a special one-half cent sales tax was approved by the citizens of Kearney to be used for the purchase of capital improvements/equipment.  This fund has been created to account for the proceeds received from the special sales tax and the subsequent expenditure of the funds.  The first project approved to be funded by this special tax was the replacement of the Harmon Park Activity Center.  It is estimated that approximately $100,000.00 will be expended prior to September 30, 2006 on this project; therefore, this budget needs to be created to provide the authority to expend the special sales tax receipts up to $100,000.00 during this fiscal year.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve revising the City of Kearney Budget for the 2005-2006 Fiscal Year. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

IV.    CONSENT  AGENDA

 

Moved by Clouse seconded by Lear that Subsections 1 through 16 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held August 8, 2006.

 

2.         Approve the following Claims: Ace Irrigation $22.95 smcs; Adams,M $36.25 smcs; Alltel $2,269.62 smcs; Almquist,R $30.00 smcs; Andersen Auto Parts $25.00 smcs; Anderson,D $14.79 smcs; Arrow Striping $2,376.90 smcs; B&B Auto Glass $1,601.58 smcs; Baack,T $24.31 smcs; Baker & Taylor Books $3,992.96 smcs; Bamford $1,090.56 smcs; BBC Audiobooks $91.94 smcs; Bluecross Blueshield $57,582.13 smcs; Boreer,K $19.74 smcs; Bosselman $6,601.50 smcs; Bound to Stay Bound $1,008.92 smcs; Braithwait,L $5.97 smcs; Brown,A $204.96 smcs; Buckner,N $32.80 smcs; Buffalo Co Mutual Aid $50.00 smcs; Buffalo Co Register Deeds $287.50 co; Buhr,P $7.95 smcs; Burns,R $494.99 smcs; Buzz's Marine $14.95 smcs; Carr Fine Jewelry $20.00 ps; Cash-Wa $4,486.69 smcs; Central Fire & Safety $30.25 smcs; Charlesworth & Assoc $187.50 smcs; Charter $54.99 smcs; Charter Paging $22.46 smcs; Chesterman $2,192.80 smcs; City Glass $194.00 smcs; City of Ky $78,494.05 smcs,ps; Clipper Herald $224.90 smcs; College Savings Plan of NE $50.00 ps; Consolidated Plastics $128.27 smcs; Construction Rental $16.99 smcs; Crushers $8,400.00 smcs; Culligan $501.91 smcs; CVI $957.23 smcs; Dannatt,M $10.55 smcs; Dawson Co PPD $1,676.82 smcs; Dept of the Treasury $19.48 ps; Deterding $904.96 smcs; Divotech Golf $283.43 smcs; Donaldson,D $25.44 smcs; DPC $10,847.56 smcs; Dugan $461.28 smcs; Dutton-Lainson $408.00 smcs; Dynix $1,929.00 smcs; Eakes $959.09 smcs; Earl May $3,644.65 co; Ecolab $29.00 smcs; Elliott $543.55 smcs; Elliott,R $11.70 smcs; Engels,D $46.80 smcs; Enslow Publishers $23.95 smcs; Eynetich,P $1.50 smcs; Fleet,Z $19.12 smcs; Footjoy $7,724.24 smcs; Fox, Javier $29.03 smcs; Frontier $186.52 smcs; Garrett Tires $2,809.59 smcs; Gaylord Brothers $35.56 smcs; General Traffic Controls $2,106.99 smcs; GFOA $50.00 smcs; Graphic Screen Printing $88.00 smcs; Great Plains One-Call $322.63 smcs; Gunderson,L $16.93 smcs; H&H Distributing $2,568.00 smcs; Hall,A $9.19 smcs; Harkness,G $30.28 smcs; Hoehner Turf $5,190.00 smcs; Holiday $407.11 smcs; Hydrologic $175.00 smcs; IAEA $180.00 smcs; ICC $60.00 smcs; ICMA RC $2,760.34 ps; IRS $102,640.01 ps; IS Solutions $2,270.45 smcs; Jack Lederman $332.60 smcs; James,D $3,081.60 smcs; Ky Clinic $35.00 smcs; Ky Concrete $19.66 smcs; Ky Crete & Block $377.43 smcs; Ky Hub $1,010.94 smcs; Ky Humane Society $4,800.00 smcs; Ky Towing $72.50 smcs; Kehn,J $6.62 smcs; Kinney,D $6.17 smcs; Kirkham Michael $900.00 smcs; Kirkwood,M $46.80 smcs; Koetter,J $4.07 smcs; KRVN $419.12 smcs; Kuhnert,T $10.27 smcs; Laughlin,K $360.00 ps; Law Enforcement Training $150.00 smcs; League of NE Municipalities $2,330.00 smcs; Linweld $43.48 smcs; Londer,P $13.70 smcs; Magic Cleaning $3,610.00 smcs; Mail Express $121.94 smcs; Meadowbrook $51,529.00 smcs,ps; Meteorlogix $567.00 er; Microfilm Imaging $21.85 smcs; Midlands Contracting $495.00 co; Midwest Laboratories $200.00 smcs; Miller & Associates $400.00 co; Miller,V $6.28 smcs; Mitchell Repair $1,946.30 smcs; MJ Shultz Builders $380.00 smcs; Mostek,B $19.85 smcs; Moulten,N $12.27 smcs; Municipal Supply $333.22 smcs; Nat'l Business Furniture $1,466.00 co; NE Child Support $2,123.38 ps; NE Law Enforcement $80.25 smcs; NE Wine & Spirits $111.77 smcs; NEland Distributors $1,825.40 smcs; Nielsen,R $5.42 smcs; Northwest Electric $52.50 smcs; Northwestern $6,667.13 smcs; Novus $35.00 smcs; NTV $365.00 smcs; Office Depot $470.82 smcs; O'Keefe Elevator $137.88 smcs; Palmer,J $19.28 smcs; Paramount $271.86 smcs; Pat's Plumbing $1,130.00 smcs; Patterson,B $67.37 smcs; PEP $51.10 smcs; Pepsi $2,291.12 smcs; Platte Valley Comm $7,449.01 smcs; Plautz,S $10.51 smcs; Polter,J $11.59 smcs; Presto-X $50.00 smcs; Professional Network $1,700.06 smcs; Protex Central $173.50 smcs; Quinlan Publishing $309.15 smcs; Raburn,S $29.12 smcs; Railroad Controls $200.00 smcs; Random House $85.60 smcs; Ready Mixed Concrete $5,458.75 smcs,co; Recorded Books $111.60 smcs; Republic Beverage $58.00 smcs; Respond First Aid $100.95 smcs; Rewinkel,A $21.51 smcs; Rick's Sod Farm $268.00 smcs; Riggelman,H $17.01 smcs; Robertson,D $40.00 smcs; Rogers,M $21.99 smcs; Roper's Radiator $911.00 smcs; Salak,D $25.63 smcs; Sales,G $9.75 smcs; Sapp Brothers Petroleum $32,222.60 smcs; Schmitt,D $35.00 smcs; Schroeder,K $24.60 smcs; Schwan's $1,663.38 smcs; S-F Analytical $65.00 smcs; Shamrock Turf Farm $57.00 smcs; Sign Center $70.00 smcs; Snap-On Tools $7,982.62 co; Solid Waste Agency $56,537.12 smcs; Spresser,C $28.40 smcs; Sterling Distributing $41.18 smcs; Stevens,C $6.52 smcs; Swanson Corp $894.96 smcs; Thiele,A $25.63 smcs; Thompson,L $60.00 smcs; Thomson Gale $116.08 smcs; Tielke Enterprise $195.56 smcs; Tighe,C $28.46 smcs; Titelist $1,516.20 smcs; Underground Construction $350.00 co; UNK/Health Care $3,256.74 smcs; Village Uniform $408.11 smcs; Walters Electric $135.00 smcs; Ward Laboratories $36.00 smcs; Watkins,S $4.03 smcs; We Care Tree Care $5,470.00 smcs; Welch,D $33.13 smcs; Wellman,P $17.17 smcs; Werner Construction $13,967.38 co; Wessels,W $57.48 smcs; West Central NE HBA $360.00 smcs; Williams,M $122.15 smcs; Yanda's Music $256.80 smcs; Young,M $46.80 smcs; Zimmerman Printers $60.00 smcs; Payroll Ending 8-5-2006 -- $308,185.92.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Receive recommendations of Planning Commission and set September 12, 2006 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the final allocation of levy authority in the amount of $130,050.00 for the Community Redevelopment Authority of the City of Kearney for fiscal year 2006-2007 and the final allocation of levy authority in the amount of $35,000.00 for Offstreet Parking District No. 1 for fiscal year 2006-2007 and approve Resolution No. 2006-140.

 

RESOLUTION NO. 2006-140

 

            WHEREAS, Nebraska Revised Statute Section 77-3443.03, as amended, requires Community Redevelopment Authorities and Offstreet Parking Districts to submit a preliminary request for levy allocation, on or before August 1, to the City Council; and

            WHEREAS, the Community Redevelopment Authority of the City of Kearney submitted to the City, on July 19, 2006, a preliminary request for levy allocation in the amount of $130,050.00; and

            WHEREAS, the Downtown Improvement Board, on behalf of Offstreet Parking District No. 1, submitted to the City, on June 14, 2006, a preliminary request for levy allocation  in the amount of $35,000.00; and

            WHEREAS, Nebraska Revised Statute Section 77-3443.04, as amended, requires the City Council to adopt, by September 1, a resolution (by a majority vote of members present) which determines a final allocation of levy authority to the Community Redevelopment Authority and Offstreet Parking District No. 1.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to the provisions of Nebraska Revised Statute Section 77-3443.04, as amended, that a final allocation of levy authority of $130,050.00 is hereby approved for the Community Redevelopment Authority of the City of Kearney for 2006 and a final allocation of levy authority of $35,000.00 is hereby approved for Offstreet Parking District No. 1 for 2006.

BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to the provisions of Nebraska Revised Statute Section 77-3443.04, as amended, that the City Clerk is ordered to forward a copy of this resolution to the chairperson of the Community Redevelopment Authority of the City of Kearney and the chairperson of the Downtown Improvement Board.

            BE IT FURTHER RESOLVED that all ordinances and resolutions or parts if ordinances and resolutions in conflict herewith are hereby repealed.

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect September 1, 2006, and shall be published in pamphlet form.

            PASSED AND APPROVED THIS 22ND DAY OF AUGUST, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

5.         Approve the Lease of Property between the City of Kearney and the Union Pacific Railroad Company wherein the City leases land located on Railroad Street east of 15th Avenue for storage of materials and equipment and approve Resolution No. 2006-141.

 

RESOLUTION NO. 2006-141

 

            WHEREAS, Union Pacific Railroad Company has tendered to the City of Kearney, Nebraska a lease for maintenance shop and storage of materials, equipment, and vehicles at or near the Public Works Building located at 1919 15th Avenue (UPRR Audit No. 11918); and

            WHEREAS, it is determined to be in the best interests of the City of Kearney that the City will be subserved by the acceptance of said Agreement.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Lease Agreement on behalf of the City.  A copy of the said Agreement is marked as Exhibit “A” and is attached hereto and made a part hereof.

            PASSED AND APPROVED THIS 22ND DAY OF AUGUST, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

6.         Approve the application for a Special Designated License submitted by the Bladen Fire Department to dispense beer, wine and distilled spirits in the Ag Pavilion at the Buffalo County Fairgrounds, 3807 Avenue N, on September 9, 2006 from 12:00 p.m. until 1:00 a.m. for a wedding reception.

 

7.         Approve the City of Kearney and County of Buffalo Law Enforcement Center Agreement providing for the following joint services: communications services, law enforcement records services, information technology services, property/evidence services, and facility services and approve Resolution No. 2006-142.

 

RESOLUTION NO. 2006-142

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the City of Kearney and County of Buffalo Law Enforcement Center Agreement, a copy marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 22ND DAY OF AUGUST, 2006.

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

8.         Approve the City of Kearney and County of Buffalo County Attorney Information Technology Agreement for information technology services at the Law Enforcement Center for the County Attorney’s Office and approve Resolution No. 2006-143.

 

RESOLUTION NO. 2006-143

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the City of Kearney and County of Buffalo County Attorney Information Technology Agreement, a copy marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 22ND DAY OF AUGUST, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

9.         Approve Resolution No. 2006-144 appointing members to fill the vacancies/expirations on the following Boards/Commissions: Terry Renner and Scott Anderson to serve on the Golf Advisory Board, and the reappointment of Kurt Schmidt to serve on the Advisory Board of Cable Commissioners.

 

RESOLUTION NO. 2006-144

 

            WHEREAS, Resolution No. 2005-96 calls for Citizen Board/Commission member appointments to be made by resolution submitted by the Mayor to the City Council for final approval; and

            WHEREAS, vacancies currently exist on certain Boards/Commissions.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the following persons, as proposed by the Mayor of the City of Kearney, Nebraska, are hereby appointed to the designated Boards/Commissions for the term indicated:

ADVISORY BOARD OF CABLE COMMISSIONERS

Kurt Schmidt reappointed to July 31, 2010

GOLF ADVISORY BOARD

Terry Renner appointed to succeed P.J. Bartels to July 31, 2010

Scott Anderson appointed to succeed Kyle Flaherty to July 31, 2010

            BE IT FURTHER RESOLVED that this resolution shall be in full force and effect from and after its adoption. 

            PASSED AND APPROVED THIS 22ND DAY OF AUGUST, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

10.        Approve Change Order No. 2 showing an increase in the amount of $463.00, Application and Certificate for Payment No. 3 in the amount of $5,764.68 submitted by Midlands Contracting Inc. and approved by Miller & Associates for the 2006 Part II Improvements consisting of Water Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street and approve Resolution No. 2006-145.

 

RESOLUTION NO. 2006-145

 

WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2006 Part II Improvements consisting of Water Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing an increase in the amount of $463.00 as shown on Exhibit “A”, attached hereto and made a part hereof by reference; and

WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 3 in the amount of $5,764.68 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$374,841.38

            Change Order No. 1 (7-25-2006)

            Change Order No. 2 (8-22-2006)

+    7,515.00

+       463.00

Contract Sum To Date

382,819.98

Gross Amount Due

246,470.52

Retainage

24,647.05

Amount Due to Date

221,823.47

Less Previous Certificates for Payment

  216,058.79

Current Payment Due

$    5,764.68

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 2, as shown on Exhibit “A”, and Application and Certificate for Payment No. 3, as shown on Exhibit “B”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF AUGUST, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

11.        Approve Change Order No. 1 showing a decrease in the amount of $86,937.45, Application and Certificate for Payment No. 3-Final in the amount of $327,112.76, and the Certificate of Substantial Completion submitted by Blessing, LLC and approved by Miller & Associates for the 2006 Part I Improvements – Phase I consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2006-146.

 

RESOLUTION NO. 2006-146

 

WHEREAS, Blessing, LLC has performed services in connection with the 2006 Part I Improvements – Phase I consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $86,937.45 as shown on Exhibit “A”, attached hereto and made a part hereof by reference; and

WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 3-Final in the amount of $327,112.76 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$746,693.00

            Change Order No. 1 (8-22-2006)

-   86,937.45

Contract Sum To Date

$659,755.55

Gross Amount Due

659,755.55

Retainage

.00

Amount Due to Date

659,755.55

Less Previous Certificates for Payment

  332,642.79

Current Payment Due

$327,112.76

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of August 10, 2006, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as shown on Exhibit “A”, Application and Certificate of Payment No. 3-Final as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF AUGUST, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

12.        Approve Change Order No. 1 showing a decrease in the amount of $12,199.00, Application and Certificate for Payment No. 2-Final in the amount of $46,091.25, and the Certificate of Substantial Completion submitted by Concrete Workers, Inc. and approved by Miller & Associates for the 2005 Part V Improvements consisting of Paving Improvement District No. 2002-870 for the alley between Avenue A and Avenue B from 21st Street to Railroad Street; Paving Improvement District No. 2005-900 for the alley lying south of 11th Street as it abuts Lots 41, 42, 51, and 52, South Kearney Addition and approve Resolution No. 2006-147.

 

RESOLUTION NO. 2006-147

 

WHEREAS, Concrete Workers, Inc. has performed services in connection with the 2005 Part V Improvements consisting of Paving Improvement District No. 2002-870 for the alley between Avenue A and Avenue B from 21st Street to Railroad Street; Paving Improvement District No. 2005-900 for the alley lying south of 11th Street as it abuts Lots 41, 42, 51, and 52, South Kearney Addition, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $12,199.00 as shown on Exhibit “A”, attached hereto and made a part hereof by reference; and

WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 2-Final in the amount of $46,091.25 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$69,425.50

            Change Order No. 1 (8-22-2006)

- 12,199.00

Contract Sum To Date

57,226.50

Gross Amount Due

57,226.50

Retainage

.00

Amount Due to Date

57,226.50

Less Previous Certificates for Payment

   11,135.25

Current Payment Due

$46,091.25

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of July 31, 2006, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as shown on Exhibit “A”, Application and Certificate of Payment No. 2-Final as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF AUGUST, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

13.        Approve the bids received for the 2006 Part III Improvements consisting of Paving Improvement District No. 2006-909 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Paving Improvement District No. 2006-910 for 17th Avenue from 14th Street south to 11th Street; Water District No. 2006-543 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Water District No. 2006-544 for 17th Avenue from 14th Street south to 11th Street; Sewer District No. 2006-486 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Sewer District No. 2006-487 for 17th Avenue from 14th Street south to 11th Street and approve Resolution No. 2006-148 awarding the bid to Midlands Contracting, Inc. in the amount of $307,098.50 for Bid A (Water and Sewer) and to Dan Roeder Concrete, Inc. in the amount of $468,655.00 for Bid B (Paving).

 

RESOLUTION NO. 2006-148

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on August 15, 2006, at 2:00 p.m. for the 2006 Part III Improvements consisting of Paving Improvement District No. 2006-909 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Paving Improvement District No. 2006-910 for 17th Avenue from 14th Street south to 11th Street; Water District No. 2006-543 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Water District No. 2006-544 for 17th Avenue from 14th Street south to 11th Street; Sewer District No. 2006-486 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Sewer District No. 2006-487 for 17th Avenue from 14th Street south to 11th Street; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $359,867.00 for Bid A (Water and Sewer) and $483,269.00 for Bid B (Paving); and

WHEREAS, the said engineers have recommended the bid offered by Midlands Contracting of Kearney, Nebraska in the sum of $307,098.50 for Bid A (Water and Sewer), and Dan Roeder Concrete, Inc. of Kearney, Nebraska in the sum of $468,655.00 for Bid B (Paving) be accepted as the lowest responsible bids.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Midlands Contracting of Kearney, Nebraska be and is the lowest responsible bidder for the 2006 Part III Improvements – Bid A consisting of Water District No. 2006-543 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Water District No. 2006-544 for 17th Avenue from 14th Street south to 11th Street; Sewer District No. 2006-486 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Sewer District No. 2006-487 for 17th Avenue from 14th Street south to 11th Street to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Midlands Contracting of Kearney, Nebraska in the sum of $307,098.50 be and is hereby accepted for Bid A (Water and Sewer Districts).

            BE IT FURTHER RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Dan Roeder Concrete, Inc. of Kearney, Nebraska be and is the lowest responsible bidder for the 2006 Part III Improvements – Bid B consisting of Paving Improvement District No. 2006-909 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Paving Improvement District No. 2006-910 for 17th Avenue from 14th Street south to 11th Street to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Dan Roeder Concrete, Inc. of Kearney, Nebraska in the sum of $468,655.00 be and is hereby accepted for Bid B (Paving Districts).

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2006 Part III Improvements for Bid A (Water and Sewer Districts) in the amount of $359,867.00 and for Bid B (Paving Districts) in the amount of $483,269.00 be and is hereby accepted.

BE IT FURTHER RESOLVED that the President of the Council of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute contracts for such improvements in accordance with the bid, plans, specifications, and general stipulations pertaining thereto.

            PASSED AND APPROVED THIS 22ND DAY OF AUGUST, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

14.        Approve the Tenant Use and Operations Agreement between the City of Kearney and Lonnie Leach and Gene Willmes, aka G & L Air Services, dba “Buffalo Air Service” for a crop spraying service and office area and approve Resolution No. 2006-149.

 

RESOLUTION NO. 2006-149

 

BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Tenant Use and Operations Agreement at the Kearney Municipal Airport, on behalf of the City of Kearney, with Lonnie Leach and Gene Willmes, aka G & L Air Services, dba “Buffalo Air Service”, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 22ND DAY OF AUGUST, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

15.        Approve the Agreement between the City of Kearney and McDermott & Miller for auditing services and approve Resolution No. 2006-150.

 

RESOLUTION NO. 2006-150

 

            WHEREAS, Requests for Proposals were received and opened on May 30, 2003 for auditing services for the City of Kearney, Nebraska and the City of Kearney Community Redevelopment Authority;

            WHEREAS, the City received one proposal from McDermott & Miller, P.C. and City Administration reviewed the proposal and recommended the proposal offered by McDermott & Miller, P.C. of Kearney Nebraska, be accepted;

            WHEREAS, the recommendation from City Administration was accepted and approved on June 24, 2003 by the Kearney City Council; and

            WHEREAS, on August 14, 2006 the City received a proposal from McDermott & Miller, P.C. to extend the existing agreement an additional three years.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the recommendation from City Administration is hereby accepted and approved, that McDermott & Miller, P.C. of Kearney, Nebraska, be accepted for auditing services for the City of Kearney, Nebraska, and the City of Kearney Community Redevelopment Authority for the three-year period beginning with the fiscal year ending on September 30, 2006, to be performed in accordance with the Proposal for Professional Audit Services, a copy of which marked “Exhibit A” is attached hereto and made a part hereof by reference.

PASSED AND APPROVED THIS 22ND DAY OF AUGUST, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

16.        Approve the application for a Special Designated License submitted by ALLEY ROSE INC. OF KEARNEY, NE., dba “Alley Rose” in connection with their Class IK-21763 catering liquor license to dispense beer, wine and distilled spirits in the Great Platte River Archway Monument, 3060 1st Street on September 16, 2006 from 6:00 p.m. until 1:00 a.m. for a wedding dance/reception.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7290 – AMEND SECTION 8-804 “SPECIFIC LIMITS” AND SECTION 8-915.2 “SNOW EMERGENCY ROUTES”

 

As part of phase II of the City of Kearney’s Transportation Plan Update prepared by Olsson Associates, the current speed limits were evaluated on our major roadways throughout the City. At the May 9, 2006 Council meeting, the Council adopted the recommendations made by Olsson Associates.  

 

One recommendation was to increase the speed limit on 39th Street from 17th Avenue to 30th Avenue to 45 mph.  After posting this section of roadway to 45 mph, City staff received several complaints.  Upon further review of the existing conditions, City staff discovered that the study failed to recognize that a section of roadway directly west of 22nd Avenue has vertical curve data restricting the sight distance to a 35 mph travel speed.  Looking at the combination of complaints and issues, staff believes it would be prudent to revise the speed limit to 45 mph west of a point 500 feet east of Country Club Lane and 35 mph east of the point 500 feet east of Country Club Lane.

 

Additionally, staff recommends the following revisions to the City’s Snow Emergency Route: 

·         to remove the following streets from the route:

1)       1st Street from Central Avenue to the Great Platte River Road Memorial Archway Monument,

2)       22nd Street from 2nd Avenue to 15th Avenue,

3)       46th Street from 2nd Avenue to Avenue G,

4)       9th Avenue from 24th Street to 29th Street,

5)       Central Avenue from Interstate 80 to 15th Street, and

6)       Talmadge Street from 2nd Avenue to Central Avenue

·         to extend the route on the following streets:

1)       16th Street from 17th Avenue to Avenue M,

2)       56th Street from west City limits to east City limits,

3)       30th Avenue from 11th Street to north City limits,

4)       Avenue I from 25th Street to 39th Street,

5)       Avenue N from 25th Street to north City limits,

6)       Country Club Lane from 39th Street to north City limits.

 

Council Member Lear introduced Ordinance No. 7290, being Subsection 1 of Agenda Item V to amend Section 8-804 “Specific Limits” of Article 8 “Speed Limitations” of Chapter 8 “Police” of the Code of the City of Kearney to adjust the speed limit on 39th Street from 2nd Avenue to 500 feet east of Country Club Lane to 35 mph and from 500 feet east of Country Club Lane to 30th Avenue to 45 mph; to amend Section 8-915.2 “Snow Emergency Routes” of Article 9 “Stopping, Standing and Parking” of Chapter 8 “Police” of the Code of the City of Kearney to amend the Emergency Snow Route to remove the following streets: 1st Street from Central Avenue to the Great Platte River Road Memorial Archway Monument, 22nd Street from 2nd Avenue to 15th Avenue, 46th Street from 2nd Avenue to Avenue G, 9th Avenue from 24th Street to 29th Street, Central Avenue from Interstate 80 to 15th Street, and Talmadge Street from 2nd Avenue to Central Avenue; to extend the route on the following streets: 16th Street from 17th Avenue to Avenue M, 56th Street from west City limits to east City limits, 30th Avenue from 11th Street to north City limits, Avenue I from 25th Street to 39th Street, Avenue N from 25th Street to north City limits, Country Club Lane from 39th Street to north City limits, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7290 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Hadley that Ordinance No. 7290 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7290 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7291 – AMEND 2005-2006 BUDGET (PERTAINS TO PUBLIC HEARING 5)

 

Council Member Hadley introduced Ordinance No. 7291, being Subsection 1 of Agenda Item VI to adopt the City of Kearney Revised Budget Statement to be termed the Annual Appropriation Bill and to appropriate sums for necessary expenses and liabilities, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7291 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Clouse that Ordinance No. 7291 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7291 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

CARRYING CONCEALED WEAPONS

 

Mayor Hadley opened for public input the local regulations concerning carrying concealed weapons.  At the last Council meeting, Mr. Kamp had requested to address the Council.  When a person requests to make a short presentation to the Council, the matter is placed on the Agenda under Oral Communications. The City Council does not make a recommendation or determination on items under Oral Communications. After the presentation by Mr. Kamp, City staff determined it was necessary to place this matter on the Regular Agenda in order for the City Council to hear comments from citizens in the community.  Therefore, the City Council will entertain comments from citizens, both in support and in opposition on the issue of carrying concealed weapons. I would ask that citizens come to the podium, give their name and address, and give their comments.  I would ask that citizens keep their comments to the issue at hand and try as much as possible not to repeat what has already been said.  This is not a debate but an opportunity for citizens to share their views on the issue of carrying concealed weapons in the City of Kearney.

 

City Attorney Michael Tye gave a brief overview of the City Code and State Statute. There has been some suggestion that this a constitutional issue or a second amendment question.  He stated that from his perspective this is not the case.  The Constitution allows people to own, possess and carry firearms and this statute does not affect those rights.  This City Code and the State Statute deal with concealed weapons, which is the focus of this discussion.  Section 8-1901 of the City Code bans concealed weapons within the City of Kearney except for officers of the law in the discharge of their duties.  This City Code section dates back prior to 1945.  The City Clerk was able to find a reference to the same code section in 1934. 

 

In the recent legislative session, the Unicameral passed a new statute dealing with concealed handguns (Section 69-2427 thru 69-2447).  That statute deals with the issuing of a permit to carry a concealed handgun.  The State Patrol is in the process of developing the application process, the training an individual would need to go through in order to qualify to carry a concealed weapon.  The State Statute will become effective in January 2007. 

 

He outlined the following conditions of the Statute to acquire a permit: 1) must be 21 years of age to have a permit; 2) possess adequate eyesight as outlined in the statute; 3) cannot have been convicted of a felony; and 4) cannot be found in the last ten years to be mentally ill and a dangerous person or currently judged to be mentally incompetent.   They will be required to be subject to a criminal background check and complete the training course, and the State Patrol will monitor the issuance of permits.  Places that a concealed weapon will not be permitted to be carried are:  Police, Sheriff and State Patrol stations, prisons, jails, courtrooms or building with courtrooms, polling places when bona fide elections are being held, meetings of governing bodies of counties, municipalities or of the legislature, financial institutions, school grounds, school owned vehicles, school activities including athletic events, places of worship, emergency or trauma rooms, political rallies, places where at least one half of the income is derived from alcohol sales. 

 

Private property owners are also allowed to post a “conspicuous notice” indicating that they do not want concealed weapons on their property or carried on their property.  If you are a permit holder and come in contact with a law enforcement officer, you would be obligated by the statute to indicate that you do have a weapon with you.  The law enforcement officer has the ability to secure that weapon if they believe that the person carrying or the public is at risk.  Per the provisions of the statute, a person carrying a concealed weapon is not allowed to be under the influence of alcohol and must carry the permit on their person and one other form of identification.  The City Code section would supercede this State Statute in banning the carry of concealed weapons within the City of Kearney.

 

Council member Lear asked if there are any defined penalties for violating a provision of the Statute.  Mr. Tye replied there are a series of penalties that can be imposed depending on how that violation occurs. If a person misreports information in the application process, that is a felony. There are misdemeanor charges for other violations, such as carrying inappropriately or in an inappropriate place, and the permit can be revoked after a series of violations.  The State Patrol would have the primary responsibility to issue the permits and monitor those violations.  Mr. Tye stated that it is his understanding the State Patrol is in the process of working on defining exactly what the training will entail.  The Statute empowers them to implement and administer the training for which a fee will be charged.

 

Council member Lear stated that he read that the State will be coming out with a uniform signage that will apply statewide to be posted at places that do not want to allow concealed weapons.  Mr. Tye said he also read about the uniform signage because there have been questions about what form that signage needs to be in. The Statute states that a business or an employer can post a conspicuous notice indicating that they do not want concealed weapons on their property or indicate that employees are not allowed to have concealed weapons at their place of business, but does not specify the type of signage to be used. 

 

Council member Kearney asked for verification that this Statute does not change anything except the fact that the weapon cannot be carried concealed.  Mr. Tye stated that was correct.  Neither the Statute nor the City Code affects the fact that a person can carry a weapon in plain view which does not require a permit.

 

 Council member Buschkoetter asked for clarification of the phrase “deemed to be mentally ill and dangerous”. He believed that mentally ill “or” dangerous should be stated rather than “and” dangerous.  Mr. Tye stated it was his opinion that was what was intended by the Statute that there is some danger or risk to others for that person carrying a concealed weapon.  Mr. Tye added that interpretation of the statute verbiage would be administered by the State Patrol.  His understanding of the second part of that, “or currently judged to be mentally incompetent” refers to those who have been assigned a guardian or some other designation by court involvement or professional as an individual being incompetent.  

 

Council member Lear stated that in reading the Statute he did not see provisions for the State Patrol to prevent a person from obtaining a permit who has a history of being charged with a violent crime with no convictions or a history of significant law enforcement contacts.  Mr. Tye stated in terms of the Statute, the criminal background check only addresses being convicted of a felony. It is possible that a person could have misdemeanor convictions which would not fit into the definition of the Statute.  There is no reference in the Statute to a protection order so it would not be a disqualifying factor.

 

Mayor Hadley pointed out that the law has not been enacted and so there are some areas to be determined by the State Patrol in their enactment of what the legislature has set out in the Statute. 

 

Council member Buschkoetter added that most State Statues take precedence over City Ordinances, but this one is not that way.  This Statute allows for other regulation of concealed weapons by municipalities and left that authority to cities to regulate this within city boundaries.  People living outside the city jurisdiction would be subject to the State Statute. 

 

Council member Clouse stated that at first he was in support of Chief Lynch because of the police issues.  After Mr. Kamp asked the Council to read the State Statute and he did some research on it, he changed his mind a little.  He is now more opened-minded about taking a look at it.  He believed that some of the e-mails the Council received were somewhat offensive because they were threatening and intimidating.  He was hopeful that the discussion at this meeting would be done with logic and rationale with good sound reasoning on both sides of this issue.  He was quite sure that what was contained in some of those e-mails is not representative of most of those who desire to carry concealed weapons.

 

Police Chief Dan Lynch stated the he does not believe that carrying concealed weapons is necessary for the general citizens.  The second amendment clearly states that they can own, possess and carry them, but does not say conceal them.  He does not think that a situation can be de-escalated by bringing the means to escalate it with you.  He has some real concerns about the legislation such as definitions that don’t really exist at this point.  He believed it is possible to be mentally ill and not dangerous.  He knows of a tremendous number of serious criminal activities that don’t reach the level of felonies.  There is no way to do it appropriately and fairly to determine whether or not a person would have the right to carry a concealed weapon. 

 

Chief Lynch expressed his personal opinion about the 16 hours of training that will be required to learn how to fire a weapon is not enough time, let alone when to fire a weapon.  People have stated that requirement is the most stringent in the country, and he believed it should be. They spend a great deal of time with their officers discussing when that lethal force is appropriate and when it is not.  He does not begrudge these people the right to have their weapons, but is concerned about the weapon being concealed.  As police officers encounter people, there is always at least one weapon because they bring it.   He believed to encounter weapons on others unknowingly will alter the way the community proceeds around town. He is a member of several professional organizations that have since the beginning argued against enacting this bill.  He stated it was a bad idea the way it was written and continues to be a badly written law.  They need to write a better law that he can support.  Regarding the misdemeanor issue that has been discussed, he stated that he has no means to track misdemeanor arrests unless his department has been a part of it.  If a person has a misdemeanor arrest in another community, he cannot find out about it. 

 

Council member Buschkoetter asked for the amount of time that a police officer in training would spend learning to fire a weapon and when and how to use a weapon. Chief Lynch responded before our officers ever go to the Academy, they will spend over 60 hours on Use of Force which includes firearms, OC, defensive tactics, night sticks, etc.  Lawful, legal force is a huge section of that.  During the Academy, they will spend over 80 hours on firearms.  When they return, they have to qualify annually and shoot about 40 hours during the year. 

 

Council member Clouse stated if Kearney leaves the ordinance the way it is and the Statute is passed statewide, how will it affect people passing through the City of Kearney. If these people should get stopped for a problem and they are found to have a concealed weapon how will it be handled?  He also wanted to know what the penalties are for the violation in Kearney.  Chief Lynch stated that currently the penalty for a code violation would be a misdemeanor.  The way it will affect the police doing business would be fairly imperceptible.  The police assume in many instances that someone has the means to do harm to them or someone else.   Chief Lynch stated Kearney will post it at the entrances to the City that concealed weapons are not allowed here.  This will inform travelers going through the community and if they do violate the ordinance, they will be subject to being sited.  However, it is possible that we won’t even know that they have concealed weapons with them.  If the ordinance stays the same, the police response is going to have to change anyway with increased awareness. 

 

Council member Buschkoetter posed the hypothetical scenario if a person was traveling through from Elm Creek to Woodriver through Kearney and declares that he has a concealed weapon in accordance with the State Statute, would they be issued a ticket.  Chief Lynch replied hypothetically it is possible, but probably not on a first time offense.  The police could be fairly educational for the first three to four months.  The signs would be large and visible at the entrances to the community and after the first three to four months it is possible that they end up charging people. Council member Buschkoetter also asked if it would be permissible for a person to put the weapon on the front seat of the vehicle when traveling through which would not be against the ordinance.  Chief Lynch suggested that the person either did not bring it with them or lock it in their trunk where it would be locked away out of reach. 

 

Mayor Hadley stated he had read in the paper that Columbus, Nebraska just reaffirmed their ban on concealed weapons so Kearney is not the only municipality that has this type of ordinance.  City Attorney added that Lincoln recently made some modifications. Chief Lynch stated that what Lincoln is attempting to do is prohibit concealed carrying by people in a far greater range than State Statute provide. They want to manage those misdemeanor ordinance violations, but since the misdemeanors are not on a person’s criminal history, he is not sure how they are going to do that.  Council member Lear pointed out that if a person was under a protection order from another county, there would be no way for our police to find that out.  He asked if Kearney were to add additional modifications to this list would it be able to do something significantly different than the State Statute?  Chief Lynch responded most misdemeanors are not part of criminal history and if there is no disposition within a year, it cannot be included.  He believed that domestic violence should have been included in the statute and was not.  Mayor Hadley pointed out the UNK bans all weapons from their campus and their campus security is unarmed. 

 

Karen Staats, 1122 4th Avenue, stated she has been a victim of domestic violence.  If the person that she was in the situation with had been able to have a concealed weapon, the outcome for her and her children would have been very different.  She is aware of other families who have experienced domestic violence who would say the same.  Since there are so many crimes against women, she believed concealed weapons would only make this more possible.  She did not think that any life that might be saved could be weighed against the potential for many that could be lost. 

 

Council member Lear asked if Ms. Staats could perceive a situation that would be beneficial for a female who is concerned for her safety or the safety of her children to carry a concealed weapon.  Ms. Staats responded even though a person might feel the need, most are probably not competent enough with the gun to protect themselves.  She personally felt the need, but did not think she could operate a gun properly to protect herself and, in fact, could have escalated the situation.

 

James Eggert, 515 West 25th Street, Apt #6, stated he has lived in Kearney since 2000.  After graduation from high school, he spent six years in the military and then three years as a police officer in Miami.  During those times, he was diagnosed as having depression.  He does not have a gun permit now, but wanted the freedom to carry a concealed weapon if he did want to do so. He would want the determination to be made by a doctor though and not by the police.  He has no history of crime that would disqualify him from a permit.   His experience is that the bad guys do not care about the law and they will carry concealed weapons if they want to.  This law is for the good law abiding citizens who want to carry a weapon legally.  He agrees with Chief Lynch that not everyone needs to carry and people do need to be trained.  He also agreed that guns are not appropriate in the establishments as are stated in the Statute. 

 

Michelle Wilkins, 1122 4th Avenue, has lived in Kearney for about 8 years.  She said that she has been in the military and many of her fiends have been in the military.  She said that she is not a good shot, but felt she would be guaranteed to get a permit to carry a concealed weapon because she is a young adult with no criminal record. She does not feel the need to carry a weapon.  At one time, she lived in downtown Miami near people who carried concealed weapons.  She felt safer with those who carried their weapons on the outside and knew who she needed to stand away from.  She felt that her freedom to feel relaxed in certain situations or places are limited by those who would be carrying concealed weapons.   

 

Virgil Spellman, 1102 East 31st Street, stated his question was for Chief Lynch.  He asked if he wanted to take his handgun and go south of town for target practice, and locked it in the glove box of his van, would it be considered to be concealed or put in there for safety.  Chief Lynch responded that a shotgun locked in the trunk would not be considered a concealed weapon.  It is not considered concealed if a person does not have access to the weapon.  If the weapon is locked in the glove box, you do not have access to it and not considered concealed because it is not concealed on your person. Mayor Hadley pointed out that we have had this ordinance on the books for approximately 72 years, so there have been situations over the years that people have had concealed weapons which the police have handled. This would not be like developing a new procedure if we keep the ban in place. 

 

Jerry Schroeder, 8 Kings Court, stated he is not a “gun nut.  He stated that the sidearm he was wearing was not loaded; he was wearing it to make a point.  He did not want to see everyone in our City wearing a weapon in the open on our City streets because he did not believe that presents a good picture of our community.  If his wife needs to carry a weapon for protection, he does not want to have her put it with her cell phone on the outside of her purse.  As the Chief suggested if they are stored away, they are not much good if you need them.  If he had a protection order against a person and believed that his personal safety was threatened, he wants to have the right to carry a concealed handgun.  The 72-year old ordinance is behind the time, as well as the ones regulating tying up horses in the street and spitting on the sidewalk.  He would feel more comfortable with people carrying concealed handguns who have had the most rigorous training in the United States on loading and firing handguns.  He would not feel comfortable with people walking around with a weapon on their hip who has had no training and required to do nothing other than purchase one.  He pointed out that this Statute pertains to concealed handguns only, not knives, etc.  He requested the Council repeal the current ordinance. 

 

Andy Hambek, 204 East 26th Street, stated there are quite a few restrictions on the places that you can carry a concealed weapon.  His question is why a person would have one if you have to lock it in your vehicle so that you do not have ready access to it and you cannot carry it into many businesses.  If you were to walk through the parking lot at the mall where guns are not allowed to be taken in and someone with a weapon threatens you, how would your weapon that you had to take out of your pocket and lock in the trunk of your vehicle going to help you?  He works for a manufacturing plant in Kearney that has a strict rule against having any kind of firearm on the premises.  He was certain that there are other manufacturing plants that have the same policy. If you can’t carry the weapon concealed while you are shopping or at work, when would it benefit you to have a concealed weapon on your person?  He was also concerned about the training not preparing a person for how and when to use the weapon in addition to just loading and firing it.  It would be too confusing for the police coming to a situation not knowing who has a weapon and who does not.  He did not believe that the rights of a few people should override the good of Kearney.  Kearney needs to keep the reputation that they have and to keep the ordinance in place.

 

Dale Gibbs, 1112 West 35th Street, stated he is against changing the ordinance.  First of all, the State law is flawed and following it will do no one any good, especially because we have a good law in process in Kearney.   This ordinance has stood up to the test of time over 72 years.  The new law as City Attorney made reference to raises some questions.  He has worked for Good Samaritan Hospital for a number of years.  The Statute as it is written states that these weapons are banned in emergency rooms and trauma centers.  Not every hospital in Nebraska is a trauma center, although they all have an emergency center. It was ridiculous that weapons are banned in the emergency departments but outside of that room you can carry a gun.  Secondly, he feels safe in Kearney.  He has never been in a situation where he felt that he should have had a weapon with him to protect himself.  There is a State law that allows people to carry a weapon in public out in the open and you just do not see as many people in Kearney doing that now, so therefore Kearney is a lawful and civilized society.  There are no situations here like you would find in Iraq or Vietnam where we would be carrying weapons.  We are living in the 21st century and he believed that we have progressed as human beings further than we were 150 years ago by carrying weapons to protect ourselves. 

 

Gerry O’Rourke, 1212 4th Avenue, stated that he has talked with Chief Lynch about concealed weapons through his business but has done nothing about it.  He has been a private investigator for ten years and could have obtained a concealed weapon permit.  He did not apply for the permit because there is a psychological aspect that no one else has brought up so far.  If a person were to go through the process and get a concealed carry permit and would have to use that weapon and shot somebody whether it be for a valid or an invalid reason, their lives could be ruined for the rest of their lives. The consequences of such an act should be considered.  He did not believe it made sense to put someone with a concealed weapon in a heated situation where they are not adequately trained on a psychological level to handle it. 

 

Marvion Reichert, 18 Rolling Hills, related two personal stories that he believed were relevant. He has always remembered how closely he came that day to shooting someone.  He believed that would have been a lot to live with for the rest of his life.  Even though citizens have to pass the training on firing a weapon, they could still act irresponsibly and lose control at times.

 

Chris Richardson, 4414 Avenue E, stated he has lived in Kearney all his life.  Kearney has always been a unique community and does not always necessarily do what everyone else does.  He thought that Kearney has the opportunity to evaluate this issue better and see how it works.  As a teacher, he sees that children are exposed to a lot of violent video games, television, etc. and thought this sends them a bad message.  He thought that condoning this some people might interpret it as it is okay to take the law into your own hands in using deadly force.  He did not believe that it solves the problem to only ban weapons from campuses and schools. 

 

Ross Armstrong, 1016 East 47th Street, stated he is a retired public school teacher and is a small business owner of Armstrong Agri-Labor which employees 225 youths in this community.  He has lived in Kearney since 1973.  He spent three years in the military during war time.  He stated that when a life is lost, a person will never forget it if you are involved in taking someone’s life.  Even as an observer, as he was in the artillery miles away, you are still affected by it.  He was the girl’s head track coach, when a young lady was abducted from the mall parking lot.  There were some references made to the fact if someone had been carrying a concealed weapon that might have prevented that.  He personally believe that what saved this young lady’s life was the use of her brain and maintaining her calm and cool and thinking her way through the situation.  She did not put herself in a position where she could have escalated that scenario.  He asked Kearney to be a leader and stand up and say “this is not a good law and we have had a great concept for a long time and we are going to stick to the business at hand.”

 

Frank Kamm, 2309 West 42nd Street, stated he recalled when he was called to jury duty in 1987, he was still determined that guns had no place in the home for private individuals.  He believed he was not chosen for that case due to his answer to that question. What he had noticed at this meeting was that people were expressing feelings, emotions and situations that could affect different situations. On the other hand, he believed that the fact that you might save your life by having a concealed weapon must be considered.  He is aware of many good studies that have been conducted over the last 20 years, showing that everywhere concealed weapons laws are put into effect that crime rates go down and personal assault rates go down.  Emotionally, he is ambivalent, but he also cannot deny the information he obtained from the dozens of articles he has read.  The present City law takes away the right of those who want to defend themselves, regardless of the outcome which they will have to face when the time comes. 

 

Council member Lear asked Mr. Kamm if he thought it makes a difference if weapons are concealed rather than being in full view. Mr. Kamm stated that it makes it more difficult for a person to carry a gun in full view.  He believed that would be a real deterrent to have to carry even if they are going somewhere they feel unsafe. 

 

Mayor Hadley reminded the people present in the audience that this is not a debate, but only to hear from the citizens.

 

Karen Staats stated that all the statistics that she had read, unless it is the NRA webpage, proves that any weapon in any crime or involvement always increases the incident of death or injury.  A perfect example of that was in Fall City a couple of days ago, a trained professional officer accidentally shot a woman in the head. These people, who want to carry weapons, are certainly not as trained as professional officers. 

 

Chris Richardson stated that in the Omaha World Herald today there was a report of the crime rate statistic for the past three years.  In Nebraska the crime rate was down three percent, Iowa was down one percent.  Iowa has had a concealed carry law in place for several years. He would consider Nebraska and Iowa to be somewhat comparable states.   He thought that there are many other factors that also must be considered in the crime rate more than allowing people to carry guns or not carry guns is not going to have much of an impact on the crime rate.  It might make people feel safer and in some situations provide them with some security. 

 

David Heun, 404 East 23rd Street, stated he had been weighing this issue pretty heavily because he probably would not be the type of person to get a permit.  He often wondered how his gun fits in with his Christian faith.  It does not fit very well sometimes.  He sees the concealed weapon as a deterrent.  There are a lot of people that will not care and misuse firearms.  If they think they might meet up with someone who also has a concealed firearm it could save somebody’s life at some point.  Even through a person might not be overly trained; he knows a lot of people who shoot more than the 60 hours on the pistol range as Chief Lynch indicated his staff does.  He believed in the case of domestic violence, a person would be able to make the personal choice to have a weapon to defend themselves or not.  Instead of basing a choice on the motivation of fear, he believed that being prepared for a situation takes the fear of something happening away.  His personal opinion was that if a person is responsible enough to handle the situation, we should not go on the pretense that he might do something wrong.  It is not the American way to take away rights from certain people who might be qualified. 

 

Michelle Wilkins asked who would be doing the training and deciding who was qualified to get these permits.  City Attorney stated that the State Patrol will be defining and administering the training and issuing the permits.  She said although she was approved by the Navy to shoot a weapon, she did not believe she is qualified to shoot a gun.  She was concerned about the qualifications these permit applicants would have to meet.  She was told that it was up to the State Patrol to set those standards which was entrusted to them by the Legislature in the Statute.

 

John Wiezorek, 1310 12th Avenue, stated he favors the concealed weapons permit.  He does not agree with all the laws they want to put behind it.  He believes in equalization.  His daughter was a victim of domestic abuse.  The situation was that her ex-husband had a knife and had thrown his granddaughter across the room.  Fortunately, the police arrived there the same time that he did, although Mr. Wiezorek was not sure if he could have shot him, he believed that at least it would have equalized the situation.  He went on to state that he would not feel comfortable wearing the gun outside on his hip because if someone wanted to do him harm and saw his weapon, they would get a bigger jump on him than if the weapon was concealed. 

 

Chris Richardson inquired about the standards that would be set for the training and the qualifications to get the permit because the Statute made no provisions for this.  He wondered if a person just has to show up for the 16 hours and when he shoots does he need to be able to hit the target proficiently to qualify. City Attorney stated that his understanding that the State Patrol will develop the minimum requirements that must be passed by the applicant and they hope to have those requirements preliminarily in October.  The Statute stated the minimum requirement and to him that means there must be some proficiency the person must demonstrate or something the person must pass in order to go through that training process. City Attorney stated that although he has not seen the proposed ordinance that Lincoln is looking at, but the Statute does allow for a City to further regulate those who can carry in other ways.   What Lincoln has been talking about adding does not address the testing or approving of the permit, but adding provisions to not allow concealed weapons to be carried in Lincoln by those who have violations such as misdemeanor charges, protection order violations or other violations not specified by the State Statute. 

 

Mark Schierling, 603 West 27th Street, stated he recently got out of the military and for those four years he was in places where he was required to wear a weapon and actually needed it everyday.  He stated the one issue that he has with the concealed carry here is that only three times was he required to conceal his weapon out of respect for the people that he was going to meet and not for his safety.  The purpose of having their weapon on the outside of their uniform was so they could get to it quickly.  He guaranteed that if someone draws a weapon on you and your weapon is under your coat you are not going to be able to get to it quickly enough.  While you are fumbling for the weapon, it could force the other person to fire on you.  In the scenario of someone being mugged, if you give them the wallet they are likely to leave and not shoot you, but if they feel threatened they might.  He was not aware of a situation where a person’s weapon was covered and it saved a person’s life.

 

James Eggert stated that there is still freedom of choice.  In the scenario of the mugger, the person being mugged has the right to make the choice to give up the wallet and live that way or try to reach for his gun.  He believed that it is a beautiful country because we are allowed that freedom of choice.

 

Walter Kamp, 4664 West Highway 30, stated that he sensed at this meeting there is a lot of fear by people who do not want to trust other people to carry a concealed weapon.  The history of the concealed carry around the country is that for about a year the states will get adjusted to that law.  There is a lot of give and take and people are thinking about Dodge City, the wild, wild west and road rage.  He believed that those things have not happened.  In Texas over the first five years, 400,000 people obtained a concealed weapons permit.  There were only 72 revocations out of those 400,000 permits after the five years. They are anticipating that 20,000 people are going to get a permit in Nebraska.  Based on those statistics, it would work out to approximately four people would have their permit revoked out of the 20,000 permit holders. He believed Nebraskans are as decent as Texans.  He has found that fear can be a motivator and a little fear can be healthy.  

 

Mr. Kamp quoted from Scripture: “We have not been given a spirit of fear, but one of love and of power and of sound mind.”  Columbus, Nebraska has decided to take a wait and see approach and is looking for a City of comparable size to see what they are going to do.  Kearney is a primary city and can pass its own laws.  He quoted Alexander Hamilton: “Where in the name of common sense are our fears to end if we may not trust our sons, our brothers, our neighbors, and our fellow citizens.  What shadow of danger can there be from men who are daily mingling with the rest of their countrymen and who participate with them in the same feelings, sentiments, habits and interests.”  

 

It is from all of us that we hire the people that we send off to the academies and the boot camps to become police officers, soldiers, airmen and marines.  We take the raw material that our community puts in these people when they are growing up.  We teach them the best way we can in school and try to give them honesty and decency, self control and a sense of responsibility.  They go to the academies and training schools to polish and refine their integrity to make it better.  When they get their uniform and badge, we look up to them and trust them.  As for the rest of us, some have been to those schools and some have not.  We all want to improve ourselves and raise their standard of integrity and step up to a higher standard of responsibility.

 

The people who are trying to get their concealed weapons permit have been through background checks before and will be checked again.  It will be required that a person take the handgun training first before they actually apply for a concealed carry permit.  Nebraska’s proposal is for twelve hours of classroom time and four hours of range time to qualify. The only requirement now is to take the training here in the state, but there are other schools in the country that people can go. Mr. Kamp agrees that the proposed time is not enough training time.  He is just one of those who are active shooters and shoots a lot.  Speaking for the people who are applying for the permits, he stated they are your friends, brothers and neighbors and share the same concerns that everyone has about our community. 

 

He likes living in Kearney and feels safe here.  He believes that crime can happen instantly.  We are right along the Interstate; we don’t know who travels back and forth there.  People, for what ever reason, who have an evil intent could come in and start shooting or hold up a business.  He has worked at night and has been in security in the past and you become aware of some of these things that are out there.  He started to ask himself what would I do and how would I respond.  By this new Statute, he thinks that the State has allowed them to look at all of the elements and try to put them together so those who want to can take the extra step for their self defense, for their  loved ones, their family and their property.  Those who don’t want to take that step don’t have to. 

 

Kearney can keep their concealed carry code if they want to.  He is asking to put an exception in the City Ordinance for those who get the permit in Nebraska so they will have the same chance they have everywhere else in the state.  He has also heard that police officers when they are off duty cannot carry a concealed weapon and suggested that perhaps that could also be an exception.  His belief is that Kearney should take the lead in this matter.  By showing the way like Omaha did, Kearney can be part of this new change towards higher responsibility, towards more decency, towards more respect for the law.  Those of them who are going to get the permit are asking the Council to let them prove to them that they are trustworthy. 

 

Council member Clouse asked Mr. Kamp if he had the signed petitions from the dozens of “right to carry” supporters as he had referenced in his letter to the Council.  He went on to read from Mr. Kamp’s letter stating that he would soon have more signers of the petition and that he has talked to people not at this meeting, who have fears based on misunderstandings of the new law and on mistrust they have of government and the personal dislike of law enforcement.  He asked Mr. Kamp to clarify those statements.  Mr. Kamp responded that he has 38-40 signed petitions to submit.  Some people that he talked to did not want to sign the petition and because they have been abused by law enforcement in the past so they do not trust government or law enforcement.  They have very strong opinions about that.  He found it amazing that someone that has had a run in the law a few years back and listened to a few rumors and wants to believe them all.  That is the reason he stated in his letter about negative opinions and attitudes and just wants to complain.  He believes that if you have a problem with somebody then just go up and talk to them about it. 

 

Mr. Kamp further stated he has not had a problem with law enforcement in this state and thinks he lives in a very good state.  The people who serve us are our friends.  Council member Clouse asked how having a concealed carry is going to improve their personal dislike of law enforcement?  Mr. Kamp responded he talked to a young man up in Broken Bow who wanted to have something in his glove box or in the console in his pickup and not have to worry about having to pull it out and set it on the dash and have to worry about someone breaking into his truck.  You cannot do that now, because you technically have it right next to you so that is easy access.  They want to get the concealed permit so they are not in violation of the law.  

 

Brian Slater, 1311 Avenue M, spoke of an incident with his father-in-law signing a petition.  His point was that people that do not sign petitions sometimes have a good reason not to.  He also stated in his opinion if a pistol is drawn, it never gets fired.  If it does get fired, it is just a warning shot.  If they do not heed the warning, than you have to shoot them.

 

Tom Weides, 1607 West 35th Street, stated that Mr. Kamp stated that many people have concerns and fears about people carrying concealed weapon and he is one of them.  He did not understand what the point is especially because of all the limited places.   He likes the idea if a person is going to wear a weapon to have it visible.  He would at least know who he should be concerned about. His concern about psychological testing is that it will be shuffled off somewhere to do the paperwork and local people who know that person will not have any input.  It could be possible that the “whacky neighbor” has no felonies and the State Patrol will know nothing about his strange behaviors.  He did not feel safe with the idea that someone else will be carrying a weapon with the premise to protect him.  He questioned the requirements for getting a permit, such as the guy who may have been arrested in Nebraska 265 times, but has no felonies would he be eligible to apply? 

 

Council member Clouse stated that he will take some time to review all the notes that he took during the meeting before commenting further.

 

Council member Kearney stated 25 years ago he had a concealed weapon permit in Iowa.  The County Attorney advised him to get one after he had been threatened.  He would no longer want to hold a permit. 

 

Council member Buschkoetter stated that he took a look at LB454 before the meeting.  After this discussion, he has even more questions about the methodology the State Patrol is going to use than before.  The more he hears, the more concerned he is about the way LB454 was written.  One of the things he has read is that the author of LB454 did not intend to allow cities the ability to override it.  If she did not do enough homework on that point, perhaps she did not research the rest very well either.  Nonetheless, she left the door open for communities to make that decision for their own.  The State Legislature looked at this for ten years.  He believed that if it took the Legislature ten years to write a flawed law, then the Council needs to spend a little time and carefully analyze making a good decision.  

 

Council member Lear stated that fortunately for Kearney; it is somewhat of a hypothetical debate.  The State of Nebraska has far lower crime rates than the national averages and the City of Kearney has far lower crime rates than State averages.  He believed that Kearney has some time to take a measured reasonable approach to see what the best fit is.  He has no interest in carrying a concealed weapon, nor does he think it would necessarily make the community any safer to have most of its citizens carrying weapons.  Somewhere in the middle of two extremes lies a reasonable answer and he was sure as a Council they will find it.

 

Mayor Hadley agreed that the Council has time on their side to make a decision.  There are some flaws with the State Statute.  He saw that Senator Chambers was gleeful when he found the “loophole” that cities could override the decision of the Unicameral.   They would not be acting on this in the next few months.  He wants to wait and see what the State Patrol is implementing the process and make decisions based on that.  The last thing he wants to see is that Kearney enacts a law and six months later finds that something was overlooked or it was not handled correctly and then trying to undo what was done.  He believed that they can make a rationale decision that is in the best interest of the citizens of Kearney.

 

CITY OF KEARNEY PERSONNEL MANUAL

 

Mayor Hadley opened for discussion the proposed amendments and to adopt the City of Kearney Personnel Manual and to consider approval of Resolution No. 2006-151.

 

Assistant to City Manager Amber Brown presented this matter to the Council. The Personnel Manual is routinely reviewed to ensure legal compliance and to make necessary changes based on employee and management staff input.  The document serves as a primary communication tool with our employees regarding personnel policies and employee benefits.  Following your approval, employees will be required to attend a training session in September to review the entire document.  The effective date of the changes will be October 1, 2006.  Listed below are the proposed substantive changes:

 

Article 2

Orientation period – name change to Probation period.

Article 2

Probation period for class changes will be 6 months instead of 3 months.

Article 4

Included Employee Assistance Program information.

Article 5

No longer have to wait at Steps 6 and 7 for 2 years to be eligible for a step increase.

Article 5

Part-time employees will now have 4 steps.

Article 5

Change 6 month pay increase for new employees to 12 months.

Article 5

Call Back Policy – minimum pay will increase from 1 hour to 2 hours.

Article 5

Revised longevity pay to increase based on years of service.

Article 6

Vacation will accrue each pay period – no waiting period.

Article 6

Vacation maybe accrued up to 240 hours for full-time employees, 120 hours for part-time.

Article 7

Added Personal Day for a total of 2 – given on January 1 each year.

Article 7

Part-time employees will receive 4 hours per holiday and a personal leave day.

Article 8

Included grandchildren – approved use of medical leave.

Article 8

Medical leave maximum accrual increased from 960 to 1,440 hours.

Article 8

Replaced medical leave donation with special leave.

Article 8

Eliminated requirement to pay the City jury duty pay.

Article 9

Dependent health/dental insurance coverage available until age 23, not 25.

Article 9

Added life insurance benefits for spouse and children.

Article 12

Relaxed time requirement for submitting grievances.

Article 13

Added retaliation protection for submitting harassment complaints.

Article 16

Authorized time off with pay to donate blood.

 

Other changes include the following:

 

All leave, except personal days, can be taken in 15 minute increments.

Eliminate educational reimbursement – continue travel and training.

 

Moved by Clouse seconded by Lear to approve the proposed amendments and to adopt the City of Kearney Personnel Manual and approve Resolution No. 2006-151. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-151

 

            WHEREAS, the City of Kearney has adopted a Personnel Manual since September 1, 1973, and has for several years prior to that time, maintained a cohesive personnel program including standard rules and regulations; and

            WHEREAS, on September 8, 1998, the City Council formally adopted the revised Personnel Manual of the City of Kearney as the embodiment of the City’s rules and regulations governing personnel matters, effective October 1, 1998; was amended by the City Council on January 12, 1999 by Resolution No. 99-14; amended on January 11, 2000 by Resolution No. 2000-14; amended on September 11, 2001 by Resolution No. 2001-186; was amended on January 27, 2004 by Resolution No. 2004-20; and amended on October 12, 2004 by Resolution No. 2004-195; and

WHEREAS, the City Manager and administrative staff have made several revisions and essential changes to the latest version of the Personnel Manual adopted on September 8, 1998 and implemented on October 1, 1998, as amended in 1999, 2000, 2001 and 2004, and have recommended the adoption of a newly revised Personnel Manual, a copy of the newly revised Personnel Manual, marked as Exhibit “A” is attached hereto and made a part hereof; and

            WHEREAS, the City Council having reviewed these recommended revisions and changes, finds them to be appropriate and necessary to the continued effective performance of duties by employees of the City.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Personnel Manual adopted on September 8, 1998 and implemented on October 1, 1998, as amended in 1999, 2000, 2001 and 2004, be and is hereby repealed.

            BE IT FURTHER RESOLVED that the newly revised Personnel Manual be and is hereby adopted and will become effective October 1, 2006.  A copy of the newly revised Personnel Manual, marked Exhibit “A”, is attached hereto and made a part hereof by reference.

            BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to implement the policies and provisions of the said Personnel Manual in the fairest and most constructive manner possible.

            PASSED AND APPROVED THIS 22ND DAY OF AUGUST, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

PROPOSED DESIGN FOR 2ND AVENUE AND 38TH STREET INTERSECTION

 

Mayor Hadley opened for discussion the proposed design for the improvements at the intersection of 2nd Avenue and 38th Street.

 

Council member Lear abstained from discussion and voting on this matter for the reason Platte Valley State Bank has property and is affected by this project.

 

Director of Public Works Rod Wiederspan stated that Kearney has moved into the next phase of the 39th Street project.  They had a meeting with the property owners and concerned citizens in the neighborhood. The recommendations from the traffic study that they had conducted were to close the 38th Street and 2nd Avenue intersection.  In that study they needed 13 cars stacked up in the turn lane between 38th Street and 39th Street which would extend through that intersection.  Staff believes what can be done is to extend that left turn movement for 39th Street south with a little island, which eliminates the left turn movement off 39th Street.  That will create a right in and a right out only off of 38th Street but would allow right turns in on 38th Street.  This will allow four additional cars in the left turn lane at 39th Street for a total of ten cars.  They are basically going to be three cars short of what the study recommended would eventually need.  The staff wanted to try this alternative and see if it will work prior to the full closure.  They can always come back at a later date if the traffic warrants and do a full closure.  They have submitted the plans for review and as soon as the State approves them because this is a State highway and they have the final say, the project will be bid.  The response to the recommendation to close the 38th Street and 2nd Avenue intersection at the neighborhood meeting last week, met with some resistance in the audience.  When the staff explained that they would like to work with those involved and try something else, they understood that in the future, if it is not functioning at 39th Street and 2nd Avenue that the City will have to close it completely.  

 

City Manager Michael Morgan asked for the benefit of restricting going to the north on 38th Street and turning left and the concern with southbound traffic on 2nd Avenue turning left.  Director of Public Works stated there is currently a no left turn sign, but as signage goes, some observe them and so do not.  One of the suggestions is to stack the left turn all the way through, but leave an opening in that media for full movement in that intersection that they do not believe would be a safe situation.  When this was brought up at the meeting, Wes Walhgren, who is the District 4 representative for the State Department of Road was there and indicated that the State would not approve that. 

 

Council member Clouse asked if the City were to go back and change this in the future what would the cost involved.  Director of Public Works stated the City anticipates it will cost approximately $10,000 to build it.  If they have to come back and change it, they can use a lot of it by cutting off the additional and put some of the concrete in which would not be a big expense.  They did a lot of work on 39th Street that they know they will have to come back and take out some of the curbs and sacrifice some of that concrete.  It is something the City does to get the traffic flow and the protection needed in the winter months. 

 

Council member Buschkoetter asked how the City will know if this plan is not successful.  Director of Public Works stated that there are a lot of times when traffic cannot get to it and it is empty. Frankly if it does not work and the left turn bay is left empty, he believes the public will let the City know if it is not working.  If this works like they hope it will, the left turn bay will be able to be utilized.  

 

Moved by Buschkoetter seconded by Hadley to approve the proposed design for the improvements at the intersection of 2nd Avenue and 38th Street as discussed. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Lear abstaining.  Motion carried.

 

OPEN ACCOUNT CLAIMS: NEBRASKA PUBLIC POWER DISTRICT - $86,128.10; FREMONT NATIONAL BANK - $40,520.60

 

Moved by Hadley seconded by Kearney that Open Account Claims in the amount of $86,128.10 payable to Nebraska Public Power District and in the amount of $40,520.60 payable to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained. Motion carried.

 

VII.    REPORTS

 

CLOSED SESSION

 

Moved by Lear seconded by Buschkoetter that Council adjourn into closed session at 9:05 p.m. for the protection of the public interest and specifically for the discussion of personnel matters. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

Mayor Hadley restated that the reason for the closed session was for the protection of the public interest and specifically for the discussion of personnel matters.

 

Moved by Buschkoetter seconded by Hadley that Council reconvene in regular session at 9:27 p.m. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Kearney that Council adjourn at 9:27 p.m. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK