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Kearney, Nebraska

July 24, 2007

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 July 24, 2007, in the Council Chambers at City Hall.  Present were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Bruce Lear, and Bob Lammers. Absent: None.  Michael 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: Brent LeClair, Jill Morgan, Ronnie Morgan, Naomi Morgan, Brian Maher, Reed Miller, Paul Wice from KGFW Radio, Jake Wasikowski from NTV.

 

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 Sam Rathod from Faith United Methodist Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

The Council members led the audience in the Pledge of Allegiance.

 

ANNOUNCEMENT

 

Mayor Clouse 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

 

LIQUOR LICENSE – TARGET, 4800 3RD AVENUE

 

Mayor Clouse opened the public hearing on the application for a Class DK-77550 Catering Liquor License submitted by STL OF NEBRASKA, INC., dba “Target Store T-0857” located at 4800 3rd Avenue, consider the application for corporate manager of Brent LeClair, and to consider approval of Resolution No. 2007-137.

 

Brent LeClair presented this matter to the Council.  The reason for the liquor license is for Target to be able to stock wine, spirits and beer in the store from a corporate precedence.  A copy of the training from their corporate office was previously submitted to the City for review.  Target as a whole, maintains a training program which follows all corporate policies and is consistent. In this way if they have employees transferring between stores, they all have received adequate training. Their point of sale systems (cash registers) are programmed with each employee’s date of birth and coded in as a team member’s number. In order to access the register, they must enter their team member number and also a security code that is tied to their number.  If the employee is underage to sell the alcohol, a supervisor is called over to complete the transaction.  The checker is required to key in the date of birth of the customer making the purchase and the system will lock if the date of birth is not acceptable.   

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lammers to close the hearing and approve the application for a Class DK-77550 Catering Liquor License submitted by STL OF NEBRASKA, INC., dba “Target Store T-0857” located at 4800 3rd Avenue, consider the application for corporate manager of Brent LeClair, and approve Resolution No. 2007-137. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-137

 

            WHEREAS, STL OF NEBRASKA, INC., dba “Target Store T-0857” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class DK-77550 (Beer, Wine and Distilled Spirits – Off Sale Only) Catering Liquor License to do business at 4800 3rd Avenue, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, STL OF NEBRASKA, INC., dba “Target Store T-0857” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Brent LeClair; and

            WHEREAS, a hearing was held relating to said application on July 24, 2007.

            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 DK-77550 (Beer, Wine and Distilled Spirits – Off Sale Only) Catering Liquor License to STL OF NEBRASKA, INC., dba “Target Store T-0857” located at 4800 3rd Avenue, Kearney, Nebraska, and to approve the application for Corporate Manager of Brent LeClair.

            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 24TH DAY OF JULY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

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

 

1.         Approve Minutes of Regular Meeting held July 10, 2007.

 

2.         Approve the following Claims: AT&T $182.42 smcs; Ace Irrigation $485.30 smcs; Adamson,B $64.20 smcs; Agri Co-op $3,561.50 smcs; Air Cleaning Technologies $7,250.00 co; Alamar Uniforms $436.52 smcs,ps; Alltel $3,449.64 smcs; Amazon $503.44 smcs; Arrowhead Village $2,081.26 co; Asher,R $30,000.00 co; Ask Supply $84.00 smcs; Aurora Cooperative $128.00 smcs; Baker & Taylor Books $2,721.29 smcs; Balfany,S $8.00 smcs; Barker,J $18.27 smcs; Bartels,E $75.00 smcs; Bennett,T $1,167.75 smcs; Bentz,A $26.15 smcs; Blessing $6,800.00 smcs; Bluecross Blueshield $81,475.00 smcs; Bosselman $8,569.94 smcs; Bowman,R $2.80 smcs; Boyd's Full Service Vending $27.20 smcs; Broadfoots $2,667.50 smcs; Buckle $65.72 smcs; Buffalo Co Community $2,500.00 smcs; Buffalo Co Court $23.00 smcs; Buffalo Co Reg Deeds $56.50 smcs; Buffalo Co Sheriff $105,219.87 smcs; Buffalo Co Treasurer $151.50 co; Buffalo Co Weed District $787.10 smcs; Capital Bank & Trust $192.30 ps; Cash-Wa $5,762.21 smcs; Central Contracting $36,297.50 co; Central Fire & Safety $33.40 smcs; Chally,A $52.00 smcs; Charlesworth & Assoc $1,350.00 smcs; Charter Comm $54.99 smcs; Chesterman $4,761.00 smcs; City of Ky $87,908.01 smcs,ps; College Savings Plan of NE $75.00 ps; Computer Hardware $238.00 smcs; Concrete Workers $24,146.78 co; Conner,D $140.80 smcs; Cordova,T $42.90 smcs; Crook,K $8.00 smcs; Crouch-Churchich $9,795.00 co; Culligan $431.50 smcs; Cummins Central Power $673.12 smcs; D&D Industries $148.00 smcs; D&M Security $587.50 smcs; Dawson Co PPD $26,796.84 smcs; Depository Trust $240,523.75 ds; Dept of the Treasury $17.00 ps; Deterdings $8,800.81 smcs; Double M Farms $10,000.00 smcs; Dutton-Lainson $5.42 smcs; Dynamic Rides $363.00 smcs; E&D Enterprises $140.00 smcs; Eakes $6,760.74 smcs,co; Ecolab $30.00 smcs; Elliott Equipment $604.25 smcs; Erickson,E $80.00 smcs; Farm Plan $4,995.13 smcs; Fedex $62.88 smcs; Fransk,S $24.53 smcs; Frontier $8,605.76 smcs; Garrett Tires $2,625.07 smcs; Great American Outdoor $93.63 smcs; Great Plains One-Call $513.52 smcs; Great Platte River Road $336.00 smcs; Green,C $8.00 smcs; Grint,K $110.58 smcs; H&H Distributing $1,401.00 smcs; Harley Davidson $352.12 smcs; Harshbarger,K $42.90 smcs; Hausmann Construction $195,098.63 co; HD Supply $9,241.79 smcs; Hilker,K $7.41 smcs; Hinrichs,S $25.95 smcs; Honholt,C $40.00 smcs; Hydrologic $175.00 smcs; ICMA RC $2,778.74 ps; IRS $102,276.88 ps; Int'l Electrical $180.00 smcs; Int'l Public Mgmt $330.00 smcs; ISDN $188.25 smcs; Jack Lederman $562.42 smcs; Johnson Brothers $38.88 smcs; Johnson Service $1,100.00 smcs; Kahle,A $35.00 smcs; Ky Clinic $506.00 smcs,ps; Ky Concrete $10,934.37 smcs,co; Ky Country Club $120.00 smcs; Ky Crete $893.20 smcs,co; Ky Hub $3,971.33 smcs; Ky Noon Rotary $95.00 smcs; Ky Visitors Bureau $24,185.24 smcs; KHGI/KWNB $210.00 smcs; Kiplinger Letter $89.00 smcs; Kirkham Michael $2,281.86 smcs,co; Kooyman,R $200.00 ps; Laughlin,K $180.00 ps; LCL Truck Equipment $3,947.00 co; LARM $3,997.00 smcs; League of NE Municipalities $268.00 smcs; Limas,R $29.38 smcs; Linweld $51.64 smcs; Lockmobile $9.00 smcs; Magic Cleaning $910.00 smcs; Marlatt Machine Shop $358.30 smcs; McLaughlin,P $42.90 smcs; Michael Todd $2,208.00 smcs; Mid-State Engineering $2,119.00 co; Midwest Lab $3,987.50 smcs; Milco Environmental $2,026.80 smcs; Miller & Associates $323,032.96 smcs,co; Miller Signs $40.00 co; Mosbarger,B $200.00 ps; MPH Industries $3,780.00 smcs,ps; Municipal Emergency $69.35 smcs; Municipal Supply $1,160.58 smcs; NE Child Support $2,477.35 ps; NE Dept of Environmental $15,665.71 smcs; NE Golf & Turf $840.00 smcs; NE Regional Library System $50.00 smcs; NEland Distributors $1,375.60 smcs; Nieveen,S $5.88 smcs; Norm's Plumbing $249.98 smcs; Northstar Audio Books $10.00 smcs; Northwestern Energy $3,010.87 smcs; NTV $60.00 smcs; Office Depot $308.39 smcs; Officenet $1,005.57 smcs; O'Keefe Elevator $512.01 smcs; On Site Mobile Sharpening $56.77 smcs; Paramount Linen $526.62 smcs; Payne,B $375.00 smcs; Pepsi-Cola $2,742.50 smcs; Pitney Bowes $187.71 smcs; Platte Valley Comm $1,121.65 smcs; Presto-X $53.00 smcs; PW Rentals $330.00 smcs; Random House $386.00 smcs; Ready Mixed Concrete $8,887.24 smcs,co; Recognition Unlimited $26.15 smcs; Recorded Books $633.45 smcs; Republic Beverage $201.74 smcs; Respond First Aid Systems $96.20 smcs; Rick's Sod Farm $1,817.00 smcs; Ryan,G $80.00 smcs; Sapp Brothers $47,493.79 smcs; Schroeder,J $24.73 smcs; Schwan's $2,208.08 smcs; See Clear Cleaning $1,400.00 smcs; S-F Lab $269.00 smcs; Sherwin Williams $342.55 smcs; Shroeder,J $3.46 smcs; Sign Center $85.00 smcs; Snap-On Tools $121.55 smcs; Solid Waste Agency $31.86 smcs; St of NE/Dept Agriculture $46.32 smcs; St of NE/Dept. Aeronautics $2,095.00 er,ds; St of NE/HHS Laboratory $594.00 smcs; Sterling Distributors $191.00 smcs; Stocker,K $7.19 co; Strawhecker,J $8.00 smcs; Sungaard $450.00 smcs; Taylor,R $24.22 smcs; Team Effort $37.35 smcs; Telephone Systems $22.46 smcs; Thompson,L $30.00 smcs; Thomson Gale $235.38 smcs; Tielke Enterprise $402.31 smcs; Tri-Cities Group $1,858.07 smcs; Tumbleweed $300.00 smcs; Turner Body Shop $75.00 smcs; Tye & Rademacher $10,601.09 smcs; Unique Management $313.25 smcs; Van Diest Supply $587.24 smcs; Ward Lab $36.00 smcs; Weis,C $8.00 smcs; West Payment Center $1,104.81 smcs; Wildfire Truck & Equipment $1,481.00 smcs; Wilkins Hinrichs Stober $7,619.11 co; Williams,M $50.22 smcs; Zimmerman Printers $575.64 smcs; Payroll Ending 7-7-2007 -- $315,083.01.  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 August 14, 2007 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve Application and Certificate for Payment No. 5 in the amount of $46,231.20 submitted by Blessing, LLC and approved by Miller & Associates for the 2006 Part V Improvements – Bid B consisting of Paving Improvement District No. 2006-911 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates and approve Resolution No. 2007-138.

 

RESOLUTION NO. 2007-138

 

WHEREAS, Blessing, LLC of Kearney, Nebraska has performed services in connection with the 2006 Part V Improvements – Bid B consisting of Paving Improvement District No. 2006-911 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 5 in the amount of $46,231.20 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$290,138.00

            Change Order No. 1 (3-27-2007)

 +  10,884.84

            Change Order No. 2 (6-26-2007)

 +    9,133.00

Contract Sum To Date

310,155.84

Gross Amount Due

204,871.84

Retainage

20,487.18

Amount Due to Date

184,384.66

Less Previous Certificates for Payment

   138,153.46

Current Payment Due

$   46,231.20

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 5, as shown on Exhibit “A”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 24TH DAY OF JULY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

5.         Approve Application and Certificate for Payment No. 10 in the amount of $315,154.86 submitted by Sargent Drilling of Broken Bow, Nebraska and approved by Miller & Associates for the Northwest Well Field Phase I (Municipal Water Wells)  and approve Resolution No. 2007-139.

 

RESOLUTION NO. 2007-139

 

            WHEREAS, Sargent Drilling Co. of Broken Bow, Nebraska has performed services in connection with the Northwest Well Field Development; Phase I – Municipal Water Wells, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Application and Certificate for Payment No. 10 in the amount of $315,154.86 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$2,364,294.50

            Change Order No. 1 (4-10-2007)

+   142,586.66

Contract Sum to Date

2,506,881.66

Gross Amount Due

1,758,923.72

Retainage

175,892.37

Amount Due to Date

1,583,031.35

Less Previous Certificates for Payment

  1,267,876.49

Current Payment Due

 

$   315,154.86

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 10, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 24TH DAY OF JULY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

6.         Approve Change Order No. 2 showing an increase in the amount of $4,853.68, Application and Certificate for Payment No. 4 in the amount of $68,672.24 submitted by Blessing, LLC and approved by Miller & Associates for the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road (Paving Improvement District No. 2006-908) and approve Resolution No. 2007-140.

 

RESOLUTION NO. 2007-140

 

            WHEREAS, Blessing LLC of Kearney, Nebraska has performed services in connection with the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road (Paving Improvement District No. 2006-908), and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing an increase in the amount of $4,853.68 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. 4 in the amount of $68,672.24 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,977,660.96

            Change Order No. 1 (6-26-2007)

            Change Order No. 2 (7-24-2007)

+     61,459.75

+       4,853.68

Contract Sum to Date

$2,043,974.39

Gross Amount Due

421,100.21

Retainage

42,110.02

Amount Due to Date

378,990.19

Less Previous Certificates for Payment

    310,317.95

Current Payment Due

 

$    68,672.24

            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. 4, as shown on Exhibit “B”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 24TH DAY OF JULY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

7.         Approve Application and Certificate for Payment No. 4 in the amount of $20,051.31 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2007 Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements which consists of Paving Improvement District No. 2006-908 for 39th Street from 2nd Avenue west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2007-141.

 

RESOLUTION NO. 2007-141

 

            WHEREAS, Paulsen, Inc. of Cozad, Nebraska has performed services in connection with the 2007 Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements which consists of Paving Improvement District No. 2006-908 for 39th Street from 2nd Avenue 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 Application and Certificate for Payment No. 4 in the amount of $20,051.31 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$394,949.50

            Change Order No. 1 (6-26-2007)

+  73,927.80

Contract Sum to Date

$468,877.30

Gross Amount Due

442,015.75

Retainage

22,100.79

Amount Due to Date

419,914.96

Less Previous Certificates for Payment

   399,863.65

Current Payment Due

 

$   20,051.31

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 4, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 24TH DAY OF JULY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

8.         Approve the Plans and Specifications for the Belt Press Auger and Conveyor Replacement at the Wastewater Treatment Plant and set the bid opening date for August 16, 2007 at 2:00 p.m.

 

9.         Approve the Plans and Specifications for the Kearney Volunteer Fire Department Fire Pumping Apparatus and set the bid opening date for August 23, 2007 at 2:00 p.m.

 

10.        Approve the recommendation from City staff on awarding the bid to Central Contracting in the amount of $444,470.00 for the construction of the Kearney Tipping Station located at Kearney Area Solid Waste Agency Landfill and approve Resolution No. 2007-142.

 

RESOLUTION NO. 2007-142

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on July 17, 2007 at 2:00 p.m. for the construction of the Kearney Tipping Station located at Kearney Area Solid Waste Agency Landfill; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project ranged between $450,000.00 and $650,000.00; and

WHEREAS, the said engineers have recommended the bid offered by Central Contracting, Inc. of Kearney, Nebraska be accepted as the lowest responsible bid.  

            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 Central Contracting, Inc. of Kearney, Nebraska be and is the lowest responsible bidder for the construction of the Kearney Tipping Station located at Kearney Area Solid Waste Agency Landfill to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Central Contracting, Inc. in the sum of $444,470.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the construction of the Kearney Tipping Station located at Kearney Area Solid Waste Agency Landfill ranging between $450,000.00 and $650,000.00 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 24TH DAY OF JULY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

11.        Approve Resolution No. 2007-143 appointing members to fill the vacancies/expirations on the following Boards/Commissions: Advisory Board of Cable Commissioners, Airport Advisory Board, Board of Adjustment, Civil Service Commission, Community Redevelopment Authority, Downtown Improvement Board Golf Advisory Board, Kearney Housing Agency, Advisory Board of Park & Recreation Commissioners, and Planning Commission.

 

RESOLUTION NO. 2007-143

 

            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

            Bill Sheldon appointed to succeed Scott Anderson to July 31, 2011

 

AIRPORT ADVISORY BOARD

            Kent Schroeder appointed to succeed B.M. Stevenson to July 31, 2012

 

BOARD OF ADJUSTMENT

            Marilyn Lammers reappointed to July 31, 2010

            Janet Rowling reappointed to July 31, 2010

            Heather Swanson-Murray reappointed to July 31, 2010

 

CIVIL SERVICE COMMISSION

            Wayne Olson reappointed to July 31, 2013

 

COMMUNITY REDEVELOPMENT AUTHORITY

            Randy DeFreece appointed to succeed Tim Hughbanks to July 31, 2012

 

DOWNTOWN IMPROVEMENT BOARD

            Alan Deterding appointed to succeed Randy Pallas to July 31, 2012

 

GOLF ADVISORY BOARD

            Tim Hughbanks appointed to succeed C.J. Willis to July 31, 2011

 

KEARNEY HOUSING AGENCY

            Barry Sherman reappointed to July 31, 2012

 

ADVISORY BOARD OF PARK & RECREATION COMMISSIONERS

            Marvion Reichert reappointed to July 31, 2012

            Julie Anderson reappoint to July 31, 2012

            Tim Higgins appointed to succeed Gary Hogg to July 31, 2012

            Jerry Schroeder appointed to fulfill the term of Randy DeFreece to July 31, 2010

 

PLANNING COMMISSION

            Steve Homan reappointed to July 31, 2010

            Eric Hellriegel reappointed to July 31, 2010

            Paul Fredrickson appointed to succeed JoAnn Lilly 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 24TH DAY OF JULY, 2006.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

12.        Approve setting August 14, 2007 at 7:00 p.m. as time and date for the Board of Equalization to determine a connection fee in the amount of special benefits accruing to the property in Water Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street.

 

13.        Approve the application for a Special Designated License submitted by ALLEY ROSE INC. OF KEARNEY, dba “Alley Rose” in connection with their Class IK-21763 catering liquor license to dispense wine inside Mitzi’s Pavilion only located at Yanney Heritage Park, 2020 West 11th Street on August 31, 2007 from 7:00 p.m. until 1:00 a.m. for a dinner.

 

14.        Approve the application to conduct a parade submitted by the Kearney Visitors Bureau and UNK’s Music Department for UNK Band Day to be held on September 29, 2007 beginning at 9:00 a.m. starting at Central Avenue and Railroad Street, north on Central Avenue to 27th Street, west on 27th Street and ending at the UNK Campus. Parking on Central Avenue from Railroad Street north to 26th Street will be prohibited after 6:00 a.m. Parking will be banned on Central Avenue from North Railroad Street to 25th Street beginning at 2:00 a.m. on the morning of September 29.  The staging area to be closed beginning at 6:00 a.m. include Railroad Street from 4th Avenue to Avenue E, Avenue A from 21st Street to Railroad Street, and Avenues B, C and D from Railroad Street to 22nd Street, 3rd Avenue from Railroad Street to 22nd Street, and 1st Avenue from Railroad Street to 21st Street. This request will also allow for the selling of refreshments during the parade.

 

15.        Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and 21st Investment Co., L.L.C. to construct a sanitary sewer main to serve Lots 2, 3, 4, 5, and 9 of Block 1, Kearney Plaza Sixth Subdivision to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2007-144.

 

RESOLUTION NO. 2007-144

 

            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 Villa Plaza Ltd., for the construction of sanitary sewer main to serve Lots 2, 3, 4, 5, and 9 of Block 1, Kearney Plaza Sixth Subdivision 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 Lynne Heiden for Villa Plaza Ltd., to construct a sanitary sewer main as stated above.

            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 24TH DAY OF JULY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

16.        Approve the application for a Special Designated License submitted by KEARNEY INVESTMENT CORP., dba “Holiday Inn/Captains Table” in connection with their Class CK-17964 catering liquor license to dispense beer, wine and distilled spirits inside Mitzi’s Pavilion only located at Yanney Heritage Park, 2020 West 11th Street on August 16 and 17, 2007 from 6:00 p.m. until 11:00 p.m. each day for a class reunion.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7363 – AMEND SECTION 8-916 OF THE CITY CODE

 

With the recent reduction of on-campus parking and the new resident’s halls nearing completion, the University of Kearney is requesting that the City convert the existing parallel parking stalls located along the south side of 26th Street between 7th Avenue and 9th Avenue to angle parking.   This change will result in approximately 33 additional parking spaces in this two block stretch.  

 

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, 26th 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.

 

Council Member Lear introduced Ordinance No. 7363, being Subsection 1 of Agenda Item V to amend Section 8-916 “Angle Parking” of Article 9 “Stopping, Standing and Parking” of Chapter 8 “Police” of the Code of the City of Kearney to permit angle parking on the south side of 26th Street from 7th Avenue to 9th Avenue, 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: Clouse, Buschkoetter, Lear, Lammers, 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. 7363 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Clouse that Ordinance No. 7363 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lear, Lammers, 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. 7363 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

 

PLANS FOR NORTHWEST WELL FIELD – PHASE III (WATER CONDITIONING FACILITY AND CONTROL SYSTEM)

 

Mayor Clouse opened for discussion the Plans and Specifications for the Northwest Well Field – Phase III (Water Conditioning Facility and Control System) and set the bid opening date for August 23, 2007 at 2:00 p.m.

 

In order to fully utilize the Northwest Well Field, the Northwest Well Field, Phase III, Water Conditioning Building and SCADA System Improvements project is needed to treat the water according to requirements of the Nebraska Department of Health Regulation and Licensure and to communicate with the wells via an automated control system.

 

A water conditioning building will be constructed at the southwest corner of the landfill and will be used to add disinfectants and fluoride to the water before it enters the City water distribution system.  The SCADA (Supervisory Control And Data Acquisition) System upgrade will include radio components at each well at the Northwest Well Field, at the new water conditioning building, at the 30th Avenue water tower, at four key locations at the Platte River Well Field where improvements need to be made and at the Utilities Department Administration Building where the master RTU is located.  The SCADA System will require a small antenna at each well transmitting to a 60-foot antenna on the well field in order to get the radio signal off of the Northwest Well Field property to a 50-foot antenna located at the water conditioning building and then to the 30th Avenue water tower.

 

The City’s engineer submitted a letter for Phase III and provided an estimated cost to construct the Water Conditioning Building and SCADA System.  The Engineer’s Opinion of Probable Construction Cost ranges from $500,000.00 to $750,000.00 with a March 20, 2008 contract completion date.  The engineer proposes an August 23, 2007 bid opening date.

 

Reed Miller from Miller & Associates was present to answer any questions from the Council.

 

Moved by Clouse seconded by Kearney to approve the Plans and Specifications for the Northwest Well Field – Phase III (Water Conditioning Facility and Control System) and set the bid opening date for August 23, 2007 at 2:00 p.m. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

SCHOOL RESOURCE OFFICER

 

Mayor Clouse opened for discussion the Interlocal Agreement between the City of Kearney and the Kearney Public Schools for a School Resource Officer and to consider approval of Resolution No. 2007-145.

 

For the past several months, City staff and Kearney Public School officials have discussed the possibility of adding a School Resource Officer to be located at Kearney High School.  The School Resource Officer will assist KPS in the education of students and faculty; will assist in communications between KPS and the Kearney Police Department; will take appropriate law enforcement action when situations arise requiring the exercise of police authority.

 

All parties believed the most appropriate tool to use to describe the purpose of the program and to determine the funding arrangement was an interlocal agreement.  This agreement defines issues including the program purpose, funding, liability, supervision, and other relevant issues.   Kearney Public Schools will pay for 2/3 of the cost of the officer and related costs and the City of Kearney will be responsible for the balance.

 

Kearney Public Schools have requested that the Officer be on board prior to the upcoming school year in order to participate in student orientation sessions. 

 

Police Chief Dan Lynch presented this matter to the Council. This person would be a police officer who would primarily be assigned to Kearney High School and would have some responsibilities at the other Kearney Public Schools.  The agreement with the schools is they will pay two-thirds of the cost of that position and the City will pay one-third. They plan to have the position established by the beginning of the 2007-2008 school year.  This officer will be available for other duties approximately two months out of the year depending on what is going on at Kearney schools during the summer months.

 

The D.A.R.E. officer, Derek Luke, has been selected as the School Resource Officer.  Many of the schools staff is well acquainted with Officer Luke where he has a lot of contacts. He will be available to all of the schools. Officer Luke has attended a twelve-week school program, which is one of the reasons he was selected.  This position is somewhat complicated because he is not just going to be present at the school, but also involved (not only with staff) but in the educational environment to some degree.  A small number of students require a great deal of attention, which place demands on the staff.  Chief Lynch stated this is a way they can provide assistance to a group they already have a great rapport with and will pay off in dividends down the road.

 

Council member Lammers stated it was reported that Hastings has one resource officer and Grand Island has two.  Since we are close in size to Grand Island’s enrollment, he wanted to know if we would need two resource officers at some point.  Chief Lynch responded that they plan to develop this position over time.  They must establish a certain amount of fluidity going into this position to make sure they are meeting everybody’s needs.  The position itself must be justified.  He felt hard pressed to say that Kearney would need a second resource officer in the near future. 

 

Superintendent of Schools Brian Maher stated that he has only been with the Kearney Public Schools system for the past two weeks and believed that he has more to learn.  He thanked the City staff for entertaining the notion of having a school resource officer and working with the Kearney Public Schools.  Recently, he along with Chief Lynch, City Manager Michael Morgan and Finance Director Wendell Wessels met with Trent Steele, High School Assistant Principal, at which time the wheels were really set in motion for this position (although this had been a work in progress for sometime prior).  The size of Kearney High Schools is somewhere in between the size of Hastings and Grand Island.  They are not certain what Kearney’s actual need is at this time.  They currently have security personnel in place that in conjunction with the school resource officer will be able to provide a safe environment at the high school. 

 

Moved by Kearney seconded by Lammers to approve the Interlocal Agreement between the City of Kearney and the Kearney Public Schools for a School Resource Officer and approve Resolution No. 2007-145. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-145

 

            WHEREAS, the City of Kearney and the Kearney Public Schools believe the presence of a School Resource Officer from the Kearney Police Department will be advantageous to the City, the Kearney Public Schools, and the Police Department; and

            WHEREAS, the Kearney Public Schools desire the School Resource Officer to be a police officer from the Kearney Police Department to serve the schools in Kearney; and

            WHEREAS, the City is willing to provide such a School Resource Officer to the Kearney Public Schools in accordance with the terms of the Interlocal Agreement between the City of Kearney and the Kearney Public Schools for a School Resource Officer.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that it would be in the best interests of the citizens of Kearney to provide a School Resource Officer to the Kearney Public Schools in accordance with the terms of the Interlocal Agreement between the City of Kearney and the Kearney Public Schools for a School Resource Officer. A copy of the Agreement marked Exhibit “A” is attached hereto and made a part hereof by reference.

            BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized and directed to execute the Interlocal Agreement between the City of Kearney and the Kearney Public Schools for a School Resource Officer.

            PASSED AND APPROVED THIS 24TH DAY OF JULY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

OPEN ACCOUNT CLAIMS: PLATTE VALLEY STATE BANK - $43,128.63, NPPD - $146.75

 

Moved by Lammers seconded by Buschkoetter that Open Account Claims in the amount of $43,128.63 payable to Platte Valley State Bank, and in the amount of $146.75 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. 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 7:20 p.m. for the prevention of needless injury to the reputation of an individual and such individual has not requested a public meeting. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Moved by Lear seconded by Buschkoetter that Council reconvene in regular session at 8:15 p.m. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Clouse that Council adjourn at 8:15 p.m. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

 

                                                                                                STANLEY A. CLOUSE

                                                                                                PRESIDENT OF THE COUNCIL

                                                                                                AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK