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Kearney, Nebraska

September 26, 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 September 26, 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; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Walter Kamp, Gerry O’Rourke, Lorma Wiebe, Gale Dady, Brian Slater, Bob Lammers, Alex Straatman, Rod Johnson, Carolyn Donahoo, Mike Hendrickson, Rhoda Brown, Margaret Clark, Elaine Wiseman, Many Schweitzer, Clemente Salazar, P.J. Bartels, Roger Wisch, Travis Soundy, Megan Soundy, Tim Sorensen, Roger Jasnoch, Michelle Hill, Mike Konz from Kearney Hub, Paul Wice from KGFW Radio, and several UNK students.

 

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

 

Father Torpey from St. James Catholic 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.

 

RECOGNITION – OUTGOING BOARD MEMBERS

 

Mayor Hadley and Council Members recognized and presented a Service Award to the following outgoing board members: Roger Wisch, Airport Advisory Board; P.J. Bartels and Kyle Flaherty, Golf Advisory Board; and Scott Anderson, Advisory Board of Cable Commissioners.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

LIQUOR LICENSE – COPPERFIELDS, 13 EAST 21ST STREET

 

Mayor Hadley opened the public hearing on the Application for a Class C-74354 Liquor License and the Application for Corporate Manager for Travis Soundy submitted by TRAPPER LLC., dba “Copperfields” located at 13 East 21st Street and to consider approval of Resolution No. 2006-166.

 

According to Section 53-132(2) of the Nebraska Revised Statutes states:  A retail license or bottle club license shall be issued to any qualified applicant if it is found by the Liquor Commission that:

  1. the applicant is fit, willing, and able to properly provide the service proposed within the city, village, or county where the premises described in the application are located;
  2. the applicant can conform to all provisions, requirements, rules, and regulations adopted pursuant to the Nebraska Liquor Control Act;
  3. the applicant has demonstrated that the type of management and control to be exercised over the premises described in the application will be sufficient to insure that the licensed business can conform to all provisions and requirements of and rules and regulations adopted pursuant to the Act, and
  4. the issuance of the license is or will be required by the present or future public convenience and necessity.

 

An Application was received from Travis and Megan Soundy who recently purchased CopperfieldS from Greg Knapp for a Class C (Beer, Wine and Distilled Spirits – On and Off Sale) retail liquor license.  A background on the Soudy’s and an interview with them has been conducted.  Nothing has been found that would indicate they would not be appropriate owners/managers. 

 

The City Council is concerned with the selling of alcohol to minors in our community, and wants to encourage all license holders to provide the necessary training to all employees that sell or dispense alcohol. Therefore, City staff has developed a form entitled “Liquor License Training Compliance” requiring applicants to document and verify training compliance of their employees. Travis Soundy has returned the form showing him and his employees completed the training offered by the Kearney Police Department on September 21, 2006. 

 

Travis Soundy, 2900 Grand Avenue #55, presented this matter to the Council. They will have ID checks set up at their door. Council member Buschkoetter stated that he applauded Mr. Soundy for the training program that he has put into place and training his staff about how to catch those who try to pass off a fake ID.  Council member Kearney added that the Council takes these liquor licenses very seriously.  He believed that Kearney has a problem with underage drinking.  They encourage the police department to conduct the stings and come down harshly on those who violate that law.  Mayor Hadley stated that it is an embarrassment when they approve a liquor license and a few months later that establishment is caught in one of the compliance checks. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve, or recommend approval, the Application for a Class C-74354 Liquor License and the Application for Corporate Manager for Travis Soundy submitted by TRAPPER LLC., dba “Copperfields” located at 13 East 21st Street and approve Resolution No. 2006-166. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-166

 

            WHEREAS, TRAPPER LLC., dba “Copperfields” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘C-74354’ (Beer, Wine, Distilled Spirits – On and Off Sale) Liquor License to do business at 13 East 21st Street, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, TRAPPER LLC., dba “Copperfields” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Travis Soundy; and

            WHEREAS, a hearing was held relating to said application on September 26, 2006.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘C-74354’ (Beer, Wine, Distilled Spirits – On and Off Sale) Liquor License to TRAPPER LLC., dba “Copperfields” located at 13 East 21st Street, Kearney, Nebraska, and to approve the application for Corporate Manager of Travis Soundy.

            BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the Council action favoring the issuance of said license in the Minute Record of the proceedings of the Council.

            PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

Mayor Hadley stated the agenda had been amended on September 25, 2006 to include Item 21 to approve an application for a Special Designated License submitted by the Chicken Coop. 

 

Council member Stan Clouse will abstain from voting on Subsection 15 for the reason he is employed by Nebraska Public Power District.

 

Moved by Buschkoetter seconded by Hadley that Subsections 1 through 14 and 16 through 21 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 September 12, 2006.

 

2.         Approve the following Claims: AT&T $178.93 smcs; Alamar $2,755.00 smcs; Alltel $1,658.97 smcs; Allvin,B $25.00 smcs; Amax Contracting $5,000.00 smcs; Amazon $2,526.73 smcs; American Red Cross $30.00 smcs; Anderson Ford $20,935.00 co; Antelope Newspaper $69.00 smcs; Antiques & Castaways $25.00 smcs; APWA NE $70.00 smcs; Arrow Striping $1,000.00 smcs; ASCAP $297.89 smcs; Aurora Co-op $88.80 smcs; Baker & Taylor Books $4,927.23 smcs; Bamford $8,731.00 co; BBC Audiobooks $444.46 smcs; Berke,N $56.03 smcs; Blessing $124,034.19 co; Bluecross Blueshield $74,407.43 smcs; Bosselman $27,174.54 smcs; Boyd's Full Service $20.40 smcs; Brill,K $48.00 smcs; Brilliance Audio $74.89 smcs; Broadfoot's $6,598.00 smcs,co; Brown,A $232.20 smcs; Buffalo Co Attorney $18,750.00 smcs; Buffalo Co Court $171.58 ps; Buffalo Co Treasurer $15.00 smcs; Builders Warehouse $7,764.24 smcs,co; Byrne,D $118.00 smcs; Carl Whitney Sand & Gravel $4,000.00 co; Cash-Wa $871.35 smcs; CBA Lighting $289.00 smcs; Central Auto Electric $175.48 co; Central States Wire $3,388.97 smcs; Charter   $54.99 smcs; Charter Paging $22.46 smcs; Chesterman $1,373.25 smcs; City of Ky $25,485.60 smcs,co,ps; College Savings Plan of NE $50.00 ps; Confined Space Services $5,260.00 smcs; Control Masters $1,188.96 smcs; Cook,J $256.00 smcs; Copycat Printing $963.15 smcs; Creative Teacher $295.00 smcs; Crossroads Ford $388.40 smcs; Crouch Recreational $5,957.00 co; Culligan $230.00 smcs; Cutting Edge Excavating $4,505.00 co; D&D Industries $166.50 smcs; Danielson Equipment $25,200.10 co; DANKO Emergency $175.72 smcs; Daugherty,R $66.00 smcs; Dawson Co PPD $24,278.62 smcs; Deeter Foundry $446.00 smcs; Dell $5,054.49 smcs,co; Deterding $149.64 smcs; DPC Industries $10,810.54 smcs; Dutton-Lainson $65.68 smcs; Eakes $558.99 smcs; Ecolab $29.00 smcs; EDM Equipment $89.67 smcs; Eickhoff,B $6.00 ps; Elliott Equipment $1,283.97 smcs; Eustis Body Shop $76.00 smcs; Eynetich,P $6.00 smcs; Faz,A $1,329.00 smcs; Fedex $105.69 smcs; Fie,J $798.00 smcs; Flat Water $280.00 smcs; Footjoy $92.12 smcs; Galls $615.23 smcs,co; Gargan,M $7.58 smcs; Garrett Tires $8,377.89 smcs; Gear For Sports $397.29 smcs; Great Plains One-Call $397.66 smcs; Great Plains Safety $1,750.00 smcs; Grint,K $146.85 smcs; Gronewoller,S $88.50 smcs; H&H Distributing $780.00 smcs; Harley Davidson $352.70 smcs; Harshbarger,K $1,489.00 smcs; Haupt,J $53.97 smcs; Hoehner Turf $136.96 smcs; Holmes Plumbing $12.97 smcs; ICMA RC $2,770.19 ps; ILEETA $40.00 smcs; Intellicom Computer $16,200.00 co; IRS $89,851.16 ps; IIMC $150.00 smcs; Iteris $6,649.08 co; J. Gardner & Associates $310.00 smcs; Jack Lederman $38.30 smcs; Johnson Service $470.05 smcs; Kayton Electric $3,169.39 co; Ky Clinic $1,098.00 smcs,ps; Ky Concrete $7,871.96 smcs,co; Ky Crete & Block $1,767.74 smcs,co; Ky Hub $6,754.24 smcs; Ky Implement $9,307.25 co; Ky Towing $90.00 smcs; Ky Visitors Bureau $26,245.59 smcs; KVFD $561.60 smcs; Keough,J $256.00 smcs; Kirkham Michael $14,001.23 smcs; Kjar,L $20.00 smcs; Konica Minolta $276.43 smcs; Laughlin,K $360.00 ps; Lentfer,S $45.00 smcs; Linweld $49.61 smcs; Lockmobile $30.00 smcs; Loebig,P $78.00 smcs; Magic Cleaning $3,610.00 smcs; Marlatt Machine Shop $293.95 smcs; Marshall Cavendish $134.57 smcs; Mattley Advertising $290.00 smcs; Meadowbrook $2,275.00 smcs; Menards $1,317.22 smcs; Midlands Contracting $22,123.52 co; Mid-State Units $120.00 smcs; Midwest Laboratories $6.65 smcs; Midwest Striping $12,168.75 smcs; Miller & Associates $48,931.76 co; Mitchell I $447.30 smcs; Moonlight Embroidery $1,000.00 ps; Morgan,M $471.00 smcs; Most Dependable Fountains $2,250.00 smcs; Municipal Emergency $866.31 smcs; Musil,J $256.00 smcs; Napa Auto Parts $923.36 smcs; NWWA $628.50 smcs; NCS Equipment $336.65 co; NE Child Support $1,905.97 ps; NE Dept of Health $264.00 smcs; NE Dept of Revenue $48,497.56 smcs; NE Golf Ass'n $150.00 smcs; NE Machinery $5,448.95 smcs; NE Statewide Arboretum $125.00 smcs; NE Wine & Spirits $32.76 smcs; NEland Distributors $936.00 smcs; Nicklasson,B $45.00 smcs; NLA/NEMA $187.50 smcs; Norm's Plumbing $2,519.49 smcs; Northwestern Energy $970.51 smcs; Numera Software $1,143.75 smcs; Office Depot $340.04 smcs; Officenet $145.00 smcs; O'Keefe Elevator $3,676.30 smcs; Olson,N.B. $20,000.00 co; OMB Police Supply $543.96 smcs,co; Paramount Linen $491.65 smcs; PEP $51.10 smcs; Petersen,R $59.00 smcs; Pitney Bowes $450.00 smcs; Platte Valley Comm $8,138.55 smcs; Presto-X $124.00 smcs; QPR $952.70 smcs; Random House $271.00 smcs; Rath Concrete $1,660.00 co; RCL Products $172.36 smcs; Ready Mixed Concrete $6,336.25 smcs,co; Recorded Books $203.35 smcs; Republic Beverage $31.74 smcs; Reserve Account $8,000.00 smcs; Russ Sasakura Engineering $250.00 co; Russell's Appliance $300.00 smcs; Sage,P $12.50 smcs; Schwan's $528.33 smcs; Scorr Marketing $2,500.00 smcs; Sherwin Williams $82.01 smcs; Simmons Gun Specialties $5,606.90 smcs; Sirchie $354.99 smcs; Snap-On Tools $420.00 smcs; Solid Waste Agency $13,447.68 smcs; St of Ne Dept Aeronautics $995.00 ds; St of NE Dept of HHS $264.00 smcs; Sterling Distributing $137.04 smcs; Suburban Fire Protection $13,139.25 smcs; Summit Heating $141.53 smcs; Sutphen Corporation $405.46 smcs; SWANA $167.00 smcs; Team Effort $366.05 smcs; Thome,B $88.50 smcs; Thompson,L $90.00 smcs; Thomson Gale $42.68 smcs; Tielke Enterprise $339.35 smcs; Tool Doctor $29.42 smcs; Tractor Supply $1,699.98 co; Turner Body Shop $193.00 smcs; Village Uniforms $252.23 smcs; We Care Tree Care $2,970.00 smcs; Weis Equipment $3,483.63 smcs; Werner Construction $74,763.05 co; Wessels,W $40.05 smcs; West Payment Ctr $1,062.30 smcs; Woodside,M $256.00 smcs; World Book School $1,395.00 smcs; WPCI $585.00 ps; Young,M $58.00 smcs; Zapata,T $56.03 smcs; Payroll Ending 9-16-2006 -- $274,806.42.  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 October 10, 2006 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the Agreement between the City of Kearney and Suburban Fire Protection District No. 1 of Buffalo and Kearney Counties and approve Resolution No. 2006-167.

 

RESOLUTION NO. 2006-167

 

            WHEREAS, for many years the City of Kearney and Suburban Fire Protection District No. 1 of Buffalo and Kearney Counties have joined in a contractual arrangement to aid and cooperate with each other for mutual fire protection and prevention purposes; and

            WHEREAS, the Board of Suburban Fire Protection District No. 1 of Buffalo and Kearney Counties has reviewed the contract to renew and continue the agreement and has approved the said agreement, subject to certain amendments; and

            WHEREAS, the City Council of the City of Kearney and the Administration have reviewed the Agreement and find it acceptable and in the best interests of the public.

            NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kearney, Nebraska, that the renewal Agreement between Suburban Fire Protection District No. 1 of Buffalo and Kearney Counties and the City of Kearney, a copy of which, marked Exhibit “1” is attached hereto, be and is hereby approved.

BE IT FURTHER RESOLVED that the President of the Council is hereby authorized and directed to execute said agreement on behalf of the City of Kearney, Nebraska,

            PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

5.         Approve Resolution No. 2006-168 redeeming the City of Kearney Facilities Corporation Refunding Bonds, Series 2001 (Golf Course Bonds).

 

RESOLUTION NO. 2006-168

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska:

            Section 1.  The following bonds issued pursuant to the terms of that Supplemental Mortgage, Trust Indenture and Security Agreement dated as of November 1, 2001 (the “Indenture”) between City of Kearney Facilities Corporation (the “Corporation”) and U.S. Bank National Association as trustee (the “Trustee”), in accordance with their redemption provisions and the terms of the Indenture are hereby directed to be called for redemption and payment on November 1, 2006, after which date interest on the bonds will cease:

City of Kearney Facilities Corporation Refunding Bonds, Series 2001, date of original issue - November 1, 2001, in the aggregate principal amount of Two Hundred Fifty Thousand Dollars ($250,000.00), becoming due, bearing interest and with the called maturity amounts as follows:

 

 

Maturity

Date

 

Interest

Rate

 

CUSIP

Number

 

Principal Amount Outstanding

 

Principal Amount Called For Redemption

April 15, 2007

3.65%

486898 AY 5

$310,000.00

$40,000.00

April 15, 2008

3.85%

486898 AZ 2

$320,000.00

$40,000.00

April 15, 2009

4.00%

486898 BA 6

$330,000.00

$40,000.00

April 15, 2010

4.10%

486898 BB 4

$345,000.00

$40,000.00

April 15, 2011

4.20%

486898 BC 2

$360,000.00

$45,000.00

April 15, 2012

4.35%

486898 BD 0

$375,000.00

$45,000.00

 

      Said bonds are hereinafter referred to as the “Refunded Bonds.”

      The Refunded Bonds are subject to redemption at any time on or after November 1, 2006, at par and accrued interest, and said interest is payable semiannually. 

      The Refunded Bonds were issued for the purpose of refunding the Corporation's outstanding Refunding Bonds, Series 1995, outstanding in the principal amount of $3,795,000 in order to obtain a savings in rental obligations for the City of Kearney, Nebraska by obtaining an interest savings for the Corporation.  To the extent of the funds deposited with the Trustee for such redemption, the City hereby elects to make prepayment of basic rentals under the Lease-Purchase Agreement dated as of July 1, 1995 (assigned to the Trustee).

            Section 2. The Refunded Bonds are to be paid off at the office of the Trustee in St. Paul, Minnesota (the "Trustee").

            Section 3.  A true copy of this resolution shall be filed immediately with the Trustee and the Trustee is hereby directed pursuant to Section 2 of Article III of the Indenture to mail notice to each registered owner of said bonds not less than thirty days prior to the date fixed for redemption and otherwise give any required notice (including notice to the Depository), all in accordance with the terms of the Indenture.

            PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER, 2006.

           

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

6.         Approve increasing the fuel flowage fee at the Kearney Municipal Airport from 5¢ per gallon to 7¢ per gallon and approve Resolution No. 2006-169.

 

RESOLUTION NO. 2006-169

 

            WHEREAS, the Kearney Municipal Airport Corporation has in place a fuel flowage fee which was last increased in September of 2002; and

            WHEREAS, the fuel flowage fee is based on the total number of gallons transferred to aircraft at the Kearney Municipal Airport; and

            WHEREAS, Administration has recommended increasing the fuel flowage fee from five cents (5¢) per gallon to seven cents (7¢) per gallon.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the recommendation of Administration on increasing the fuel flowage fee from five cents (5¢) per gallon to seven cents (7¢) per gallon be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

7.         Approve the Fixed Base Operator Use and Operations Agreement between the City of Kearney and Midway Aviation, Inc., dba “Air Midway” for Hangar T-926 and approve Resolution No. 2006-170.

 

RESOLUTION NO. 2006-170

 

BE IT RESOLVED by the President and Council of the City of Kearney, that the President be and is hereby authorized and directed to execute the Fixed Base Operator Use and Operations Agreement on behalf of the City of Kearney, Nebraska, with Midway Aviation, dba Air Midway for the north 92’ 8” of Hangar T-926, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

8.         Approve the Use and Operations Agreement between the City of Kearney and Midway Aviation, Inc., dba “Air Midway” for Hangar T-385 and approve Resolution No. 2006-171.

 

RESOLUTION NO. 2006-171

 

BE IT RESOLVED by the President and Council of the City of Kearney, that the President be and is hereby authorized and directed to execute the Use and Operations Agreement on behalf of the City of Kearney, Nebraska, with Midway Aviation, dba Air Midway for Hangar T-385, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

9.         Approve Use and Operations Agreement between the City of Kearney and Blair Rodgers and Merle Fratzke, dba “Rodgers Helicopter Services” for Hangar T-926 and approve Resolution No. 2006-172.

 

RESOLUTION NO. 2006-172

 

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 on behalf of the City of Kearney, Nebraska, with Blair Rodgers and Merle Fratzke, dba “Rodgers Helicopter Services” for the south 50’ 4” of Hangar T-926, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

10.        Approve Use and Operations Agreement between the City of Kearney and Li’l Red Aero for Hangar T-926 and approve Resolution No. 2006-173.

 

RESOLUTION NO. 2006-173

 

BE IT RESOLVED by the President and Council of the City of Kearney, that the President be and is hereby authorized and directed to execute the Use and Operations Agreement on behalf of the City of Kearney, Nebraska, with Li’l Red Aero for the center 70 feet of Hangar T‑926, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

11.        Approve Use and Operations Agreement between the City of Kearney and Li’l Red Aero for Hangar T-923 and approve Resolution No. 2006-174.

 

RESOLUTION NO. 2006-174

 

BE IT RESOLVED by the President and Council of the City of Kearney, that the President be and is hereby authorized and directed to execute the Use and Operations Agreement on behalf of the City of Kearney, Nebraska, with Li’l Red Aero for Hangar T‑923, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

12.        Approve T-Hangar Lease Agreement for Series C-3 between the City of Kearney and Jim Shuey and approve Resolution No. 2006-175.

 

RESOLUTION NO. 2006-175

 

BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the T-Hangar C-3 Lease Agreement, on behalf of the City of Kearney, Nebraska, with Jim Shuey on behalf of Topp Mechanical, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

13.        Approve Agreement and Permit for Aeronautical Services between the City of Kearney and Buffalo Air Service for aerial applicator services and approve Resolution No. 2006-176.

 

RESOLUTION NO. 2006-176

 

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 Agreement and Permit for Aeronautical Services at the Kearney Municipal Airport, on behalf of the City of Kearney, with Buffalo Air Service, LLC, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

14.        Approve the request submitted by Mitch Humphrey on behalf of Jeff Sikes, Attorney in fact and authorized agent for TWL, LLC to extend the filing date until October 26, 2006 for filing the final plat and Subdivision Agreement for Bel Air Third Addition.

 

16.        Approve Change Order No. 1 showing a decrease in the amount of $76,756.15, Application and Certificate for Payment No. 5-Final in the amount of $41,249.62 and the Certificate of Substantial Completion submitted by Paulsen, Inc. and approve by Miller & Associates for the 2005 Part I Improvements consisting of Paving Improvement District No. 2005-903 for Avenue N from the north lot line of Lot 5 of Block 2, Stoneridge Third Addition and the south lot line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a distance of 1,698.08± feet; Paving Improvement District No. 2005-904A for Avenue N from the south lot line of Lot 4, Eastbrooke Fourth Addition, thence north a distance of 210± feet and approve Resolution No. 2006-178.

 

RESOLUTION NO. 2006-178

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2005 Part I Improvements consisting of Paving Improvement District No. 2005-903 for Avenue N from the north lot line of Lot 5 of Block 2, Stoneridge Third Addition and the south lot line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a distance of 1,698.08± feet; Paving Improvement District No. 2005-904A for Avenue N from the south lot line of Lot 4, Eastbrooke Fourth Addition, thence north a distance of 210± feet, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $76,756.15 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. 5-Final in the amount of $41,249.62 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$ 684,445.60

            Change Order No. 1 (9-26-2006)

-   76,756.15

Contract Sum To Date

$ 607,689.45

Gross Amount Due

607,689.45

Retainage

.00

Amount Due to Date

607,689.45

Less Previous Certificates for Payment

  566,439.83

Current Payment Due

$  41,249.62

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of September 1, 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. 5-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 26TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

17.        Approve the Developer Construction Infrastructure Agreement between the City of Kearney and Camron, Inc. for sanitary sewer services for proposed Eastbrooke 8th Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2006-179.

 

RESOLUTION NO. 2006-179

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” between the City of Kearney and Camron, Inc., a Nebraska Corporation for the construction of sanitary sewer improvements located within a 20-foot sanitary sewer easement in proposed Eastbrooke Eighth Addition to the City of Kearney, Buffalo County, Nebraska be and is hereby accepted and approved. The Agreement, marked as Exhibit 1 is attached hereto, negotiated with Timothy J. Norwood, President of Camron, Inc. to construct sanitary sewer improvements within the proposed subdivision.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

18.        Approve the Plans and Specifications for the 2006 Part VIII Sewer Main Improvements and set the bid opening date for October 17, 2006 at 2:00 p.m.

 

19.        Approve continuing the Agreement between the City of Kearney and the Law Firm of Tye & Rademacher for legal services as City Attorney and approve Resolution No. 2006-180.

 

RESOLUTION NO. 2006-180

 

            WHEREAS, the City of Kearney entered into an Agreement for Legal Services and the Law Firm of Tye & Rademacher on September 13, 2005 to provide legal services to the City of Kearney; and

            WHEREAS, in accordance with the terms of the Agreement, City staff is recommending continuing the Agreement with the Law Firm of Tye & Rademacher with the following adjustments to the original agreement:

1.       The Agreement will continue for a period of three (3) years;

2.       Effective October 1, 2006, the annual sum will increase to One Hundred Ten Thousand Dollars ($110,000.00), and will increase five percent (5%) on October 1, 2007 and five percent (5%) on October 1, 2008.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Agreement for Legal Services dated September 13, 2005 between the City of Kearney, Nebraska and the Law Firm of Tye & Rademacher for services as outlined in said Agreement continue for a period of three (3) years and that effective October 1, 2006, the annual sum will increase to One Hundred Ten Thousand Dollars ($110,000.00), and will increase five percent (5%) on October 1, 2007 and five percent (5%) on October 1, 2008.

            PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

20.        Approve Change Order No. 5 showing an increase in the amount of $30,832.00, Application and Certificate for Payment No. 4-Final in the amount of $30,832.00, and the Certificate of Substantial Completion submitted by Paulsen, Inc. and approved by Ross Engineering for the 2004 Part V Improvements – Bid B consisting of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet and approve Resolution No. 2006-181.

 

RESOLUTION NO. 2006-181

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2004 Part V Improvements – Bid B consisting of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet, and the City's engineer, Ross Engineering, have filed with the City Clerk Change Order No. 5 showing an increase in the amount of $30,832.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Paulsen, Inc. and Ross Engineering have filed with the City Clerk Application and Certificate for Payment No. 4-Final in the amount of $30,832.00 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

Original Contract Sum

$458,425.70

     Change Order No. 1 (10-12-2004)

+  11,752.00

     Change Order No. 2 (10-12-2004)

+  13,147.10

     Change Order No. 3 (12-14-2004)

+    6,924.90

     Change Order No. 4 (9-27-2005)

-        562.70

     Change Order No. 5 (9-26-2006)

+  30,832.00

Contract Sum To Date

$520,519.00

Gross Amount Due

520,519.00

Retainage

.00

Amount Due to Date

520,519.00

Less Previous Certificates for Payment

 489,687.00

Current Payment Due

$ 30,832.00

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of November 23, 2004, 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. 5, as shown on Exhibit “A”, Application and Certificate for Payment No. 4-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 26TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

21.        Approve the application for a Special Designated License submitted by CHICKEN BONES OF KEARNEY, INC., dba "Chicken Coop Sports Bar & Grill" in connection with their Class I-54354 liquor license to dispense beer and distilled spirits in the Exposition Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on October 14, 2006 from 12:00 p.m. until 1:00 a.m. for a demolition derby subject to the City receiving the required Certificate of Insurance.

 

Moved by Lear seconded by Buschkoetter that Subsection 15 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse abstaining. Motion carried.

 

15.        Authorize the City of Kearney to join with NPPD as a co-applicant to the Nebraska Power Review Board for an amendment to NPPD’s retail service area which includes the City to include the newly annexed land of Bel Air Third Addition to the City of Kearney, Buffalo County, Nebraska (west of the intersections of 67th Street and Avenue N and 69th Street and Avenue N) and Resolution No. 2006-177.

 

RESOLUTION NO. 2006-177

 

            WHEREAS, on June 13, 2006 the Kearney City Council passed and approved Resolution No. 2006-89 including “BEL AIR THIRD ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Northeast Quarter of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: beginning at the northeast corner of Section 24 and assuming the east line of the Northeast Quarter of Section 24 as bearing south and all bearings contained herein are relative thereto; thence south on the east line of the Northeast Quarter of Section 24 a distance of 1143.0 feet; thence leaving the east line of the Northeast Quarter of said Section 24, west a distance of 428.0 feet; thence north parallel with the east line of the Northeast Quarter of said Section 24 a distance of 186.0 feet; thence east a distance of 28.0 feet; thence north parallel with the east line of the Northeast Quarter of said Section 24 a distance of 957.23 feet to a point on the north line of the Northeast Quarter of said Section 24; thence S89º52’02”E and on the north line of the Northeast Quarter of said Section 24 a distance of 400.0 feet to the place of beginning, containing 10.62 acres, more or less, of which 0.87 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska AND a tract of land being part of the East Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows:  Referring to the northeast corner of Section 24 and assuming the east line of the Northeast Quarter of Section 24 as bearing south and all bearings contained herein or relative thereto; thence south on the east line of the Northeast Quarter of Section 24 a distance of 1143.00 feet to THE ACTUAL PLACE OF BEGINNING; thence continuing south on the east line of the Northeast Quarter of said Section 24 a distance of 178.50 feet to the southeast corner of the Northeast Quarter of the Northeast Quarter of said Section 24; thence continuing south on the east line of the Northeast Quarter of Section 24 a distance of 320.00 feet; thence S89°59’00”W a distance of 196.00 feet; thence N51°03’37”W a distance of 723.50 feet; thence N40°53’52”E a distance of 216.67 feet; thence north a distance of 66.00 feet; thence east a distance of 189.03 feet; thence south a distance of 186.00 feet; thence east a distance of 428.00 feet, containing 6.68 acres, more or less, all in Buffalo County, Nebraska (west of the intersections of 67th Street and Avenue N and 69th Street and Avenue N); and

            WHEREAS, the Nebraska Public Power District (NPPD) will apply to the Nebraska Power Review Board for an order amending its existing retail service area, which includes the City of Kearney, to include the above described property into the corporate boundaries of the City of Kearney, Nebraska; and

            WHEREAS, the City of Kearney has an interest in the outcome of such application by reason of its rights under the Professional Retail Operations Agreement with NPPD approved on July 11, 1989, pursuant to which NPPD operates and maintains the electric distribution system owned by the City of Kearney; and

            WHEREAS, it is determined by the City Council that it would be desirable and in the best interests of the City of Kearney to join with NPPD as a co-applicant to the Nebraska Power Review Board.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City of Kearney, Nebraska, be authorized to join with NPPD as a co-applicant to the Nebraska Power Review Board for an amendment to NPPD’s retail service area which includes the City to include the above described property into the corporate boundaries of the City of Kearney, Nebraska in said retail service area.

            BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized to execute on behalf of the City of Kearney a joint application with NPPD to the Nebraska Power Review Board and to cooperate with NPPD in the prosecution of its application.

            BE IT FURTHER RESOLVED that such joint application shall be prosecuted at the sole cost and expense of NPPD.

            PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7299 – AMEND ORDINANCE NO. 7113

 

On September 14, 2004 the City Council passed and approved Ordinance No. 7113 which vacated Lot 3 of Block 2, Brandt’s Lakewood 7th Subdivision, a subdivision of Kearney County.  This property is on the west side of the rural residential subdivision on the Platte River known as Brandt’s Lakewood. The vacation of this lot was necessary to accommodate replatting this land as “Brandt’s Lakewood Estates.”

 

The title company was doing title work on this property and found an error in the second paragraph of the Preamble and Section 1 of the ordinance.  The reference made there was Lot 2 of Block 2 instead of Lot 3 of Block 2.  Therefore, it is necessary to amend the Ordinance to correct the typographical error in that section.  The remaining provisions of Ordinance No. 7113 will remain in full force and effect.

 

Council Member Hadley introduced Ordinance No. 7299, being Subsection 1 of Agenda Item V to amend the second paragraph of the Preamble and Section 1 of Ordinance No. 7113 to clarify the discrepancy on the land being vacated as Lot 3 of Block 2, Brandt’s Lakewood 7th Subdivision, a subdivision of Kearney County, 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, Lear, Clouse, Kearney, Buschkoetter. 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. 7299 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Clouse that Ordinance No. 7299 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7299 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

 

SAN PEDRO RESTAURANT EXPANSION OF LIQUOR LICENSE, 3907 CENTRAL AVENUE

 

Moved by Clouse seconded by Lear to remove from the table the application for addition submitted by SAN PEDRO INC., dba “San Pedro Mexican Restaurant” in connection with their Class I-67018 liquor license located at 3907 Central Avenue. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

Clemente Salazar, 1801 Avenue E, and Attorney Mandy Schweitzer of Yeagley, Swanson, Murray Law Office, presented this matter to the Council. Ms. Schweitzer stated there will be no problem installing the emergency ingress/egress off the patio.  Council member Clouse asked if they had been serving alcohol on this patio prior to this approval.  Ms. Schweitzer replied they had been serving alcohol on the patio because they were not aware that they needed to file for an addition to their liquor license.  As soon as they found that out, they immediately stopped serving alcohol on the patio and submitted this application. 

 

Council member Lear stated that he could verify that because he has recently been in their restaurant and they have signs posted stating that no alcohol can be served on the patio.  Mr. Salizar stated that originally that area was covered by a dome (used like a sunroom) and they considered it as part of the building.  When they applied for the permit to build the deck in that area, they were not informed that they needed to apply for an extension permit to serve alcohol on the deck. 

 

Council member Clouse asked Ms. Schweitzer if she has gone through the liquor license and given them a clear of understanding of what is involved in the alcohol permit so there will be no further misunderstandings.  Ms. Schweitzer stated that she has.  She also stated the new ID checking machine at that location has been working,

 

Moved by Lear seconded by Buschkoetter to approve the application for addition measuring 31’ by 13’ outdoor seating area on the south side of the building as submitted by SAN PEDRO INC., dba “San Pedro Mexican Restaurant” in connection with their Class I-67018 liquor license located at 3907 Central Avenue subject to the licensee installing an approved gate to serve as an emergency means of egress to a public way. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

MOUNT CARMEL NURSING HOME – VARIANCE FOR ON-STREET PARKING

 

Moved by Buschkoetter seconded by Hadley to remove from the table the request for a variance for on-street parking submitted by R.W. Sorensen Construction on behalf of Mount Carmel Nursing Home, 418 West 18th Street, on allowing angle parking along 17th Street between 4th Avenue and 5th Avenue. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Tim Sorensen, on behalf of Mt. Carmel Nursing Home is requesting approval to modify the on-street parking configuration along the north side of 17th Street from 4th Avenue to 5th Avenue.  The proposed parking improvements plan shows the proposed diagonal parking layout.  On-street diagonal parking is primarily allowed in the downtown area, where there are very few provisions for off-street parking.  However, diagonal on-street parking can be useful in other areas to serve public or quasi-public uses that have a high parking concentration.  In this case, Mt. Carmel Nursing Home meets those characteristics with 120 employees and no off-street parking.  In order to meet additional off-street parking requirements with traditional parking lots would mean the elimination of green areas and existing trees on the site.  The City previously approved a similar request on 4th Avenue along the east side of Mt. Carmel and on 4th Avenue from 15th Street to 16th Street for Kenwood School.  In both cases it was a welcome addition to the neighborhood to get the existing employees that have to park throughout the neighborhood additional parking adjacent to the school or retirement home.

 

The main consideration for the Public Works Department when this type of parking is proposed would be the street’s traffic flow volume.  If the traffic flows are low, then the additional on-street parking concentration is more manageable.  In this case, 17th Street is a local residential street and has a relatively low traffic volume.  The parking, if modified, will still remain available as public parking since it is located on the public right-of-way.

 

Tim Sorensen, 5165 Long Island Road, presented this matter to the Council. He stated that because there are always more cars than parking spaces in this area, he believed that it would enhance the neighborhood to have all the cars appropriately lined up on the north side of 17th Street verses throughout the neighborhood.  This will provide for two handicap parking spaces in the center which meets ADA requirements.  There will be a total of 19 parking spaces which will yield about an additional 10 parking spaces.  The addition of the employee daycare facility did not add any additional need for parking, but it has always been a need because of the number of people that Mt. Carmel employs.  Director of Public Works Rod Wiederspan stated that two years ago they added parking on  4th Avenue which is  a local street (not a collector street) so he believed that the traffic volumes are such that it fits in well with the neighborhood.  He is in support of this to free up some parking for the neighborhood residents. 

 

Moved by Hadley seconded by Kearney to approve the request for a variance for on-street parking submitted by R.W. Sorensen Construction on behalf of Mount Carmel Nursing Home, 418 West 18th Street, on allowing angle parking along 17th Street between 4th Avenue and 5th Avenue. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

KEARNEY HOUSING AGENCY ANNUAL REPORT

 

Mayor Hadley opened for discussion the Kearney Housing Agency Annual Report submitted by Elaine Wiseman, Executive Director.

 

Executive Director Elaine Wiseman presented this matter to the Council. Last year they had 91 turnovers with 86 lease ups during their fiscal year that ended March 31, 2006.  They had 472 on their wait-list at this time.  This number includes all of the programs that they either own or manage.  Their housing voucher program had 97.25 percent utilization which is as good as they can get without going over.  They have added two new developments this year.  They purchased what was previously known as Normandy Apartments on November 1, 2005.  They renamed it Plaza Boulevard Apartments.  They entered into a management contract in this fiscal year with Shelton Housing Authority. 

 

She believed the two important things are operating subsidy and capital funds.  She said that those items have been cut on the domestic budget on the Federal level and continue to receive cuts every year.  The operating subsidy covers the difference between rent revenues and their expenses.  Their rent revenues are capped at 30 percent of the people’s adjusted gross income.  That subsidy is important to help maintain the property and be in program compliance.  They are a heavily regulated, complex program and if they do not maintain the property they are cautioned when HUD gives them their report cards.  If they do not have enough staff to do program compliance they can also be warned. 

 

Capital funds are basically used for modernization and keeping up the projects, buying equipment, etc. In 2002, Kearney received $276,003.00 in operating subsidy and this year Kearney will receive $196,612.00 which is a huge decrease.  This decrease in funds greatly concerns her and their board because it is more difficult to maintain a high quality of service. They are very fortunate that they have had some wonderful donors to the development corporation which in turn grants it to the congregate meal program which helps it keep going.   

 

Mayor Hadley asked for an explanation of the payment in lieu of taxes that the Housing Agency is required to pay to Buffalo County.  Ms. Wiseman stated that they are not required to pay property taxes under state law because housing authorities are exempted.  They are required to pay in lieu of taxes based on their rent revenues, minus their utility expense, times 10 percent.  That amount is paid directly to the Buffalo County Treasurer.  Originally, it was payable to the local governing agency that created each housing authority and they in turn paid the county.  In 1999 the housing law was changed by the Nebraska League of Municipalities, asking them to pay the County directly to avoid the funds getting confused in the general funds. 

 

Mayor Hadley asked why the Housing Agency would not be completely tax exempted.  Ms. Wiseman stated that the way the law was written years ago, it required public housing to pay something even if it was not property tax.  In some communities, the local governing bodies have waived the in lieu payment.  The City of Kearney created the Kearney Housing Authority and would have the authority to waive that tax.  She knows of several communities that have waived it, but they have never asked the City of Kearney to waive it partially because they have diversified a little even with the shortfalls and have been able with their management contracts to be diversified.  Until July 2006, all housing authorities were required to pay sales tax.  Nebraska was only one of the seven states in the United States that were required to pay sales tax.  Due to the efforts of Senator Brown and Senator Johnson, the sales tax exemption passed effective in July 1, 2006.  This was wonderful especially in light of the reduction of the federal subsidies.  

 

Mayor Hadley commented that it bothered him, that the Housing Agency is required to pay $20,000 in taxes when they are scrambling to subsidize meals for their residents.  He believed that if they are exempt from sales tax, the argument could also be made that they should be exempt from in lieu of property tax.   He suggested the Council might want to look at that the next time they do the budget.  Ms. Wiseman said that she appreciated his concern. 

 

Council member Clouse stated they should keep in mind that the funds go to the County and then the same percentage of the taxes comes back to the taxing entities. Ms. Wiseman stated that the Council would be the ones to say if the tax is waived or not as the local governing body that created them.  If they do so, they might have school districts that would be upset by that because they receive the greater share of Kearney’s taxes.  Mayor Hadley believed it was worthwhile for staff to look at what is happening around the state of Nebraska regarding this tax.

 

Moved by Kearney seconded by Clouse to accept the Kearney Housing Agency Annual Report submitted by Elaine Wiseman, Executive Director. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

CITY OF KEARNEY SMOKING POLICY

 

Mayor Hadley opened for discussion the report from Council members Clouse and Buschkoetter on the City of Kearney Smoking Policy.

 

Council members Clouse and Buschkoetter presented this matter to the Council. Council member Clouse stated that they have compiled all the information gathered at the public meetings that have been held.  Since this is a report to the Council, they were not requesting any action at this time and would come back in the future to make a decision. They captured the pros and cons expressed and perspectives held by the various interest groups.  As a result of these meetings, they have gotten input from the business sector, from the Buffalo County Tobacco Free Coalition, UNK students and the public at large.  The have put together an action plan of some things we need to be doing as an ongoing part of this process. They submitted a suggestion to the League of Municipalities Legislative Committee to be considered at the Legislative Committee meetings.

 

Council member Clouse stated that he and the Assistant to City Manager would be attending that meeting on September 27th.   They hope to get a feel what the other Class I cities in the state are considering and what they are presently doing.  At the meeting they will attend, the League of Municipalities will be going through some of the history of the legislature and present some of the information that has been compiled at the legislature dealing with this issue in the past couple of sessions.  This is a big piece of the plan that has now been started.

 

Through the Chamber of Commerce several business and bar owners have indicated that they would like an opportunity to work on this and provide some type of compromise solution.  One of their issues is that they want to be part of working on the compromise.  The Chamber has agreed to take that on and see if they can put together some type of compromise.

 

There are some options to be considered in the future: 1) accept the report with no action; 2) place a partial ban on a future ballot based on input with the business
community and through the help of the Chamber; or 3) place a full ban on a future ballot.  He encouraged them to look at the information and bring it back in a month or so and discuss what direction they want to go with this. 

 

Council member Buschkoetter stated there are law suits pending in Omaha with their ban and Lexington has it up for a vote in that community.  There are a lot of things going on bans and proposed smoking ban around the state.  The Buffalo County Tobacco Free Coalition has taken a wait and see attitude.  They want to be prepared before taking any action.  One of the things that impressed him is that everyone has an opinion about this issue. The business and hospitality groups have been trying to bring together a proposal, as well as the Coalition, and they have been very respectful of each other’s positions.  It is very difficult to reach a middle ground.  When he and Council member Clouse had their meetings, they talked about doing things the “Kearney way” with discussing and negotiating and trying to work out their difference.  This issue is going to put that idea to the test in trying to come up with some middle ground.  The more they dig into, the stickier the issue becomes.  It is a matter of rights and both sides believe that they have rights that need to be defended. 

 

Council member Clouse addressed the question about the Omaha litigation. The Omaha Council passed a ban with a window of five years to enforce a total ban.  It is being challenged as to why some businesses were exempted and others were not.   Council member Buschkoetter stated the way the State Constitution is written; communities might not be able to give more protection to a business that does not serve food versus one that does.   He believed that eventually the Nebraska State Supreme Court will need to decide what the options will be.  Council member Clouse stated the question remains even if the State Supreme Court approves that there can be a middle ground, can we reach that agreement with our business and hospitality groups in Kearney?

 

Council member Clouse stated that his personal recommendation is that he would like to see some milestones and agree on some certain dates by which we either take action or decide not to act.  He wants to have some closure to it, so the citizens know what direction the Council is leaning.

 

Mayor Hadley asked about Lincoln.  Council member Buschkoetter stated Omaha and Lincoln have the same ordinance and their compromise is the delay of the five years for certain types of businesses.  Mayor Hadley commented on businesses that have a total ban such as Good Samaritan Hospital and UNK and asked why the compromise would be necessary for the bar and restaurant business.  Council member Clouse stated that the bar business is a little different, such as a mom and pop bar that has cliental who want to smoke while they are there. The question would be - ”is it right that someone who never goes in there can dictate to them what they can or can’t do?”  Council member Buschkoetter stated he believed there are four or five businesses in Kearney that would have a tough go of it if they lost their cliental because they did not allow smoking.   Mayor Hadley commented that the City did not tell UNK or GSH to be smoke free; it was done on a volunteer basis.  Council member Buschkoetter stated another difference is that Kearney only has one hospital in town, but with the hospitality industry there are many businesses to choose from. 

 

Council member Clouse stated that when he presented this to private clubs stating they are a small group, they could implement the change; they replied they probably could not get it done.  He posed the question, should the City be responsible for making the change?  He said in the notes they gathered that there are strong opinions that private clubs should not be exempted because they do compete in the food and hospitality business.  Council member Buschkoetter stated that might not be an option after the law suit in Omaha providing it goes to the State Supreme Court. 

 

City Attorney Mike Tye stated that the appeal process could take several years, if it gets appealed.  His understanding is they were trying to get the court in Omaha to issue an injunction enjoining implementation of Omaha’s ordinance but the judge denied that request.  They are litigating it based on the constitutional grounds of equal protection, etc. Council member Clouse believed that should not hinder their decision based on that, it is just one of the items to keep an eye on for now.  

 

Mayor Hadley stated the Council should take some time to review the report and come back and give some direction as to where they want to go with this issue.  Council member Clouse believed there is enough interest in this topic that our citizens need to know where they are headed as a Council with this topic.

 

CARRYING CONCEALED WEAPONS

 

Mayor Hadley opened for discussion the local regulations concerning carrying concealed weapons. The Council has had time to consider this matter and City staff is looking for direction.  The League of Nebraska Municipalities has been asked to establish a committee of appointed and elected officials, including police and city attorneys to evaluate concealed carry from a law enforcement perspective and to draft and introduce amendments to the statute that create uniform protocols and enforcement across Nebraska.

 

Council member Clouse stated this item has also been presented to the Legislative Committee of the League of Municipalities.  Included in the packet to the Council was information and notes that was handed out in one of their more recent meetings on this topic.  The City of Norfolk made the recommendation to put this working group together.  As they heard in some of the previous discussions, not everyone is comfortable with how the state law is written.  The League of Municipalities made the suggestion that we bring our communities and cities together with our local law enforcement and local City leadership and draft some changes or modify the existing law because not everything is wrong with it.   

 

They need to identify those concerns that they cannot live with or things that they believe need to be adjusted and cleaned up.  They will then take those concerns back to the Legislature and say these are the areas that need to change.  Council member Clouse stated that his opinion is that Kearney needs to be a participant with the League of Municipalities on this.  Kearney is one of the leading first class cities in the state and should assume a leadership role.

 

The Council has heard from Police Chief Dan Lynch and he has some very definite opinions on some of the items in the state law.  He believes that Kearney needs to work with the League and work towards some conclusion about what changes need to be made so that we have a state law we can live with.  The options that the City of Kearney has are: no change, study further, or repeal the Code.  If we participate with the League of Municipalities effort, should we do that under our existing ordinance or should we change the ordinance or simply take no action? 

 

Mayor Hadley stated since the League is looking at amending the current legislation and assuming Kearney wants to have a concealed weapons law, we would work with them to have the best concealed weapons law possible.   He is not ready to vote for a concealed weapons law in Kearney. 

 

Council member Kearney stated that he and his wife live in Kearney because it is a safe place to live.  He supports the local police and fire departments.  Police Chief Dan Lynch had previously made some good points.  The people he has talked to are split about 50-50 on this issue.  He prefers to leave our ordinance the way it is until the state law gets amended or changed to be more compliant with what he believes is unreasonable. The fact that someone can get a concealed weapons permit and might have a restraining order against them or anything short of a felony is wrong. 

 

Council member Buschkoetter stated that he believes that LB454 is willfully flawed.  He thinks they need to start from scratch.  His experience has been that it has not been 50-50 with the people he has talked to about this.  He has only had two of the forty people he has talked to be in favor in the concealed weapons law in Kearney.  Regardless of how many cities have the concealed weapons law, any business can put up a sign that says “no guns allowed inside” and it is not going to be uniform regardless of what the League of Municipalities does or what changes the state might make to their law.  He understands why the League wants to have some sort of uniform policy within municipalities, but on one side of the street you can carry and on the other you cannot.  He did not think it is possible to have any kind of uniform protocol or system.  He also believed that if we participate in the amendment process that would imply the City would go with that state law once rewritten and he did not believe that is the direction Kearney should go. 

 

Council member Lear stated that in the end, he would probably defer to Chief Lynch and the input he has given.  The public input he has received has been overwhelmingly in favor in keeping the ban that we currently have.  There is no question there are some flaws within that state legislation.  On the other hand, what we are talking about are law abiding citizens who want to go through the process of obtaining a license by attending the training.  Those are not the people who are probably going to be the problem.  The people in the community who are going to be the problem are those who do not believe the need to get the license.  It is going to have a significant affect on our community.  The vast majority of input that he has had from people in the community is to defer to what Chief Lynch has said.  According to research information he read, studies have shown that areas that have enacted concealed weapons have had decreased crime.  Because Kearney does not have a high crime rate, these studies are not really relevant to our community.  He did not feel an immediate need to change our ordinance.

 

Council member Clouse stated that he has heard passion from people on both sides of the issue.  He agreed with Council member Buschkoetter that regardless of the state law, we must decide what we want to do here in Kearney.  There can be the best scripted state statute, but are we going to deny our citizens something they can achieve that is permissible anywhere in the state?  He does not see where this would turn Kearney into a free for all.  He believed that if law abiding citizens decide that is something they want to do; he did not have a problem with changing the ordinance and allowing that to happen.  The ones that we are worried about are going to do what they want anyway. 

 

Mayor Hadley stated one of the arguments he has been hearing is since the state passed a law, why would Kearney not conform to the state law?  His argument to that is just because the state passes a bad law why should Kearney pass the appropriate bad law.  He thought we would be sending the message that if we are willing to work with the League of Municipalities to make this a good state law; we would be willing to change our ordinance to conform to that law that we helped draft.  He believed that “amend” is the key word here.  When you amend something you are improving the general concept and wanted to know if that is the general concept the Council wants to send.  

 

Council member Buschkoetter stated we are keeping with state law because it allows cities to make this decision.  If they go with option 2, which is to work with the League of Municipalities, one thing that he would request is to allow cities the ability to exclude municipalities.  He did not believe that is the direction that the League wants to go.  He hoped that anything the League does will include leaving local control up to municipalities. 

 

Council member Clouse stated that this is a local control issue.   We can pick and choose over what we want to have local control over.  He asked if we are not going to change our ordinance, is there any need to participate with the League of Municipalities in their process? 

 

Council member Kearney stated he wanted to leave the ordinance as it stands.  He is in favor of option 1, to do nothing. 

 

Council member Lear stated he did not think there is anything that prohibits them from continuing to influence laws in the state of Nebraska to work better for the vast majority of people in the state.  He thinks that our basic justification for not changing our ordinance is in part that we do not like the law and in part we do not think it is right for the community.  He believed that at the same time, we can take a role in expressing this is what we see wrong with the current policy and be an effective part of attempting to change that as we see appropriate.  In all phases of life, we work within systems, polices and processes that we do not like or might think are wrong, but still do our best to make them work as well as possible.

 

Mayor Hadley commented that Council member Lear’s statement makes sense to him. The League of Municipalities could take the stand that cities can make their own ordinances.  He would be concerned, however, about how the person from Kearney would represent the views of Kearney.  He believed they should be at the table because we are a player. 

 

City Manager Michael Morgan stated that Chief Lynch would somewhat struggle with making the law better because he is opposed to the concept of the state law.  Secondly, he believed there is plenty of influence and interest in the majority of cities that do not have a local ordinance of how to improve the current law.  He did not know if we are going to add a lot to the discussion.  Amber Brown and Stan Clouse are on the committee for the League of Municipalities and so they can watch and see what is happening in the process and if there are issues that we believe need to be raised, to go ahead at that time. 

 

Council member Buschkoetter stated as an elected official of the City of Kearney, he is glad we have the ability to say that we do not want concealed weapons in our community.  If that is a perspective that is not being presented to the League of Municipalities, he would hope that we would let them know.

 

City Manager stated that he is not sure that this is an issue that the League is going to look at.  It could be as the state moves along in this process, the state might try to limit the local controls.  It is helpful to have direction that the Council wants to achieve, but also difficult when we are not sure where the legislature is heading.

 

Council member Clouse stated he is not in total agreement with everything discussed so far.  He thinks there are a lot of law abiding citizens who should be permitted to follow the state law and be able to carry.  He does not have a real problem with repealing the City ordinance.  He believed that our position needs some work, but he has a difficult time telling law abiding citizens that something that has been approved by our legislature is not permitted here. 

 

City Manager suggested a position paper from the governing body. As a majority we are not changing our current ordinance, but if the state law were to change these are the areas of concern that we suggest that the state would evaluate.  It could go on to state, even with these things we have expressed to make it better, we are still not convinced and would not consider changing our ordinance in Kearney.  We could state that we would like to see local control maintained.  This position paper would be a formal way of giving them input without feeling like we are committing ourselves.

 

Council member Lear stated we need to reflect on the facts as they are; we have an ordinance in place, we do not have a motion pending to repeal that ordinance which he believes speaks for itself.  If we had a motion pending to repeal our ordinance, we could vote on it.   In absence of a motion, we do not need to take any action at this time.  Other council members agreed.

 

GEOGRAPHICAL INFORMATION SYSTEM (GIS)

 

Michelle Hill, GIS Coordinator, presented this matter to the Council.  She went through all the capabilities the GIS map can do.  This will be available to the public on October 4, 2006 by going to the City’s website.

 

OPEN ACCOUNT CLAIMS: NEBRASKA PUBLIC POWER DISTRICT - $80,025.44; FREMONT NATIONAL BANK - $27,545.46; PLATTE VALLEY STATE BANK - $34,426.00

 

Moved by Buschkoetter seconded by Hadley that Open Account Claims in the amount of $80,025.44 payable to Nebraska Public Power District, in the amount of $27,545.56 payable to Fremont National Bank, and in the amount of $34,426.00 payable to Platte Valley State Bank be allowed. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Kearney. Nay: None. Clouse and Lear abstained. Motion carried.

 

VII.    REPORTS

 

UPDATE ON 38TH STREET AND 2ND AVENUE

 

Director of Public Works Rod Wiederspan stated that they have the design plan for the intersection and are out for bids with select contractors that have time to do it.  They hope to get those bids back and start on this yet this fall.  The state has signed off or agreed to the design that was presented during the public meeting. 

 

UPDATE ON 2ND AVENUE OVERPASS

 

Council member Clouse stated he had been asked about the approaches to the 2nd Avenue Overpass, it still seems like it was not taken all the way down to the bottom of the overpass.  He noticed in Columbus that they redid their overpass and they did the same thing.  It looks like it starts at a certain point up on the approaches.  Director of Public Works responded that the bridge deck itself has been resurfaced.  On the approaches coming up to it, they removed the areas that were bad and patched those, but left most of the concrete still there.  Although it is not very attractive, ride quality is fairly good.  It was probably not the ideal fix that they wanted to see, but it will give us a structure that is sound for 20 years or more.  This is all the state would commit to do on this project.  Originally, the state proposed just to asphalt it, but the City would rather remove and replace the bad concrete as opposed to putting asphalt over it.  When they are completely finished, the City will paint all the railings black to match the light poles.  There will not be any chain link over the top like 30th Avenue and Avenue N.  If they had totally redone the overpass, it would need to meet those standards.  Since we were just resurfacing it, we were allowed to leave the guard rails that are there.

 

UPDATE ON DOWNTOWN

 

Assistant to City Manager Amber Brown pointed out that the large pylons that are located at the corner of Central Avenue and 25th Street and by the Library parking lot, have been repainted by the Public Works staff which saved the downtown some money.  There is an order being placed for signs with the new logo “Downtown Kearney – The Bricks”.  They have replaced the windows on the south side of the Kaufmann Centre and they are ready to start the windows on the front, get a new awning and some historic signage to complete the look.

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Kearney that Council adjourn at 8:30 p.m. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK