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