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Kearney, Nebraska

December 26, 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 December 26, 2007 in the Council Chambers at City Hall.  Present were: Randy Buschkoetter, Vice-President of the Council; Michaelle Trembly, City Clerk; Council Members Don Kearney, Bruce Lear, and Bob Lammers. Absent: Stanley A. Clouse.  Michael Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant to City Manager; Wendell Wessels, Director of Finance and Administration; and Kirk Stocker, Director of Utilities were also present. Some of the citizens present in the audience included: Virginia Huber, Mike Konz from Kearney Hub.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

The Council held a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

The Council members cited the Pledge of Allegiance.

 

ANNOUNCEMENT

 

Vice-President Buschkoetter 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

 

CONDITIONAL USE PERMIT FOR VIAERO WIRELESS; 609 PLATTE ROAD

 

The applicant has withdrawn the Application submitted by NE Colorado Cellular, Inc., dba Viaero Wireless (Applicant) and Firstier Capital Corporation, dba Kearney Event Center, Inc. (Owner) for a Conditional Use Permit to construct a 150-foot tall self supporting telecommunications pole, a backup generator, a 1,000 gallon propane tank and space for two 9 foot by 15 foot by 8.5 foot tall concrete buildings (one current and one future) to house electronic equipment on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 2, Broadfoot Third Addition to the City of Kearney, Buffalo County, Nebraska (609 Platte Road). 

 

The following e-mail was received from attorney Dan Lindstrom on behalf of Viaero Wireless:

 

Michaelle:

 

In order to alleviate any ongoing confusion, my client has decided to temporarily withdraw its application for a conditional use permit at the Event Center site.  Therefore, please remove this matter from the December 26th Council Agenda.  This will permit it to deal with matters at the state level that are not directly relevant to the issues pertaining to the conditional use permit, but which tend to be confused with relevant issues nonetheless.  We understand that this will require a new application, which will be made in the future, with a new round of public hearings at the Planning Commission and Council levels.  Please advise if you have questions.  Thanks again for your assistance.

 

Dan Lindstrom

Attorney at Law

 

Therefore, no action was taken.

 

FINAL PLAT FOR ELKEN SUBDIVISION

 

The City received notification from the applicant requesting the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine Richter (Owner) for approval of the Final Plat and Subdivision Agreement for “Elken Subdivision”, a subdivision of Buffalo County, Nebraska for property described as being part of the Southeast Quarter of the Southeast Quarter of Section 14, Township 9 North, Range 16 West of 6th P.M., containing 5.90 acres, more or less, Buffalo County, Nebraska (1550 feet south of the intersection of Highway 10/40 on the west side of Highway 10) remain on the table until January 8, 2008.  Therefore, no action was necessary.

 

FINAL PLAT FOR NEW WEST ADDITION; SOUTHEAST CORNER OF 30TH AVENUE AND 35TH STREET

 

The City received notification from the applicant requesting the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Ryan Page for New West Properties, LLC (Owner) for the Final Plat for “New West Addition”, an addition to the City of Kearney, Buffalo County, Nebraska for property described as part of Lot 2, (to be vacated) Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street) remain on the table until January 22, 2008.  Therefore, no action was necessary.

 

DEVELOPMENT PLANS FOR MEDICAL OFFICE FACILITY AT SOUTHEAST CORNER OF 30TH AVENUE AND 35TH STREET

 

The City received notification from the applicant requesting the Application submitted by Ryan Page for NWBC, LLC (Applicant and Owner) for Planned District Development Plan Approval for the construction of a medical office facility on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as part of Lot 2, (to be vacated) Marianne Hunt Addition to the City of Kearney, Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street) remain on the table until January 22, 2008. Therefore, no action was necessary.

 

AMEND TABLE 14-1 OF CHAPTER 14 “ZONING DISTRICT REGULATIONS” OF CITY CODE

 

The City received notification from the applicant requesting the Application submitted by Brungardt Engineering the Application to amend Table 14-1 “Use Matrix” of Chapter 14 “Zoning District Regulations” of the Code of the City of Kearney to discuss amending the Civic Use Type to allow both “Group Care Facility” and “Secondary Education” as permitted uses in District AG, Agricultural District remain on the table until January 8, 2008.  Therefore, no action was necessary.

 

IV.    CONSENT  AGENDA

 

Moved by Kearney seconded by Lammers that Subsections 1 through 10 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney, Lear. Nay: None. Clouse absent. Motion carried.

 

1.         Approve Minutes of Regular Meeting held December 11, 2007.

 

2.         Approve the following Claims: 2cocom $305.00 smcs; 7-Eleven $40.34 smcs; AT&T $257.43 smcs; A.L.E.R.T. Int'l $40.00 smcs; AC Electric $96.00 smcs; Ace Hardware $439.95 smcs,co; Advance Auto Parts $140.31 smcs; Advanced Battery System $57.20 smcs; Air Midway $70.41 smcs; Allied Electronics $48.85 smcs; Alltel $863.51 smcs; Amazon $512.32 smcs,ps; Amer Electric $1,259.36 smcs,co; Amer Real Estate $3,500.00 smcs; Amer Society Landscape $350.00 smcs; Amoco Oil $54.96 smcs; Anderson Industrial $8,205.76 smcs,co; Artic Refrigeration $628.19 smcs; Asap Parts $190.03 smcs; Ask Supply $1,919.08 smcs; Aurora Coop $3,269.45 smcs; Baker & Taylor $7,061.92 smcs; Barco Municipal Products $864.32 smcs; Barney Ins $95.00 smcs; BBC Audiobooks $379.05 smcs; Beacon Athletics $231.13 smcs; Benson,G $45.14 smcs; Blackstone Audiobooks $252.00 smcs; Bluecross Blueshield $69,487.42 smcs; Bob's Super Store $45.91 smcs; Bookmark $615.83 smcs; Bosselman $32,250.48 smcs; Breathing Air Systems $216.88 smcs; Broadfoot's $772.50 smcs; Brown,A $193.35 smcs; Budget Rent a Car $461.37 smcs; Buffalo Co Court $108.14 ps; Buffalo Co Highway Dept $1,500.00 co; Buffalo Co Reg Deeds $26.00 smcs; Buffalo Co Treasurer $1,351.32 co; Buggy Bath Car Wash $10.50 smcs; Builders Warehouse $2,072.26 smcs,co; Bullex $8,013.00 co; C.A.N.D.O. $7,000.00 smcs; Cabela's $583.29 smcs; Capital Bank & Trust $192.30 ps; Casey's $8.75 smcs; Cash-Wa Distributing $648.10 smcs; CDW Gov't $27,987.86 co; CED Enterprise $133.30 smcs; Centaur Enterprises $261.27 smcs; Central Hydraulic Systems $519.03 smcs; Central Power Cummins $824.75 smcs; Charter $554.99 smcs,ps; Chief Construction $8,221.00 smcs,co; City Glass $134.28 smcs; City of Ky $95,414.86 smcs,co, ps; Clifford of Vermont $536.72 smcs; Clipper Herald $320.50 smcs; Clipper Publishing $240.00 smcs; Cold Spring Granite $575.10 smcs; College Savings Plan of NE $75.00 ps; Compass Group $462.00 smcs; Complete Music $500.00 smcs; Consolidated Electrical $1,650.00 smcs; Construction Rental $1,079.05 smcs; Copycat Printing $4,641.31 smcs; Crocker & Company $99.00 smcs; Crossroads Ford $401.93 smcs; Crystal Clean $50.00 smcs; Culligan $104.50 smcs; Customers of Dynix $75.00 smcs; D&S Lighting $118.35 smcs; D&M Security $55.00 smcs; Dawson Co PPD $13,124.93 smcs; Deeter Foundry $1,233.00 smcs; Dell $1,706.29 smcs; Depository Trust $284,426.25 ds; Dept of the Treasury $18.35 ps; Diamond Vogel Paints $402.92 smcs; Dmilaco Sports $1,759.50 smcs,ps; Dutton-Lainson $73.14 smcs; Eakes $1,288.29 smcs,co; Earl May $179.00 smcs; Ecolab $30.00 smcs; Ed Broadfoot & Sons $160.00 smcs; Ed Roehr Safety Products $156.96 smcs; EDM Equipment $1,931.76 smcs; Elliott Equipment $171.80 smcs; Embassy Suites $1,351.60 smcs; Enco Mfg $86.93 smcs; Engles Glass Design $52.00 smcs; Entenmann-Rovin $693.08 smcs; Ervin & Smith $1,356.00 smcs; Experts Exchange $99.95 smcs; Expression Wear $1,539.50 smcs,ps; EZ Stop $48.00 smcs; F&S Supply $539.16 smcs; Fairbanks Int'l $355.04 smcs; Farmers Union Coop $10.00 smcs; Fastenal $1,802.41 smcs,co; Fedex $218.24 smcs; Fireguard $4,210.41 smcs; Fisher Price $15.94 smcs; Footjoy $37.86 smcs; Frontier $8,110.40 smcs; Fyr-Tek $236.04 smcs; G. Neil $415.20 smcs; Gale $1,337.38 smcs; Galeton Gloves $96.95 smcs; Garret Tires $2,533.96 smcs; GE Money Bank $646.72 smcs; Gear for Sport $1,544.68 smcs; Genealogical Publishing $41.50 smcs; GI Family Radio $300.00 smcs; Gordons Small Engine $58.93 smcs; Gotomypccom $371.25 smcs; Graham Tire $276.04 smcs; Grainger $1,518.68 smcs,co; Great Amer Outdoor $103.67 smcs; Great Plains One Call $291.93 smcs; Guideposts $33.88 smcs; Hach $668.65 smcs; Harley Davidson Central $248.91 smcs; Hayden,S $83.42 smcs; HD Supply $494.67 smcs; Heartland Services $95.00 smcs; Hilton Hotels $1,014.75 smcs; Hobby-Lobby $218.01 co; Holmes Plumbing $447.55 smcs,co; Home AV Cables $82.86 smcs; Hometown Leasing $248.23 smcs; Howe,C $71.28 smcs; Huffy $36.95 smcs; Hyatt Hotels $566.85 smcs; Hydrologic $175.00 smcs; IACP $1,100.00 smcs; IAEI $24.00 smcs; ICMA RC $2,725.54 ps; ICOM America $1,461.60 smcs; IRS $104,867.79 ps; Int'l Code Council $50.00 smcs; IPMA $1,030.05 smcs; JJ Keller & Associates $856.95 smcs; Jack Lederman $1,386.02 co; JC Penney $173.92 smcs; Jimmy Johns $44.02 smcs; Johnstone Supply $89.22 smcs; K&K Parts $259.79 smcs; Kayton Electric $312.01 smcs; Ky Chamber Commerce $505.00 smcs; Ky Clinic $134.00 ps; Ky Concrete $620.50 smcs; Ky Crete & Block $151.20 smcs; Ky Glass $6.10 smcs; Ky Hub $7,391.39 smcs,co; Ky Humane Society $7,200.00 smcs; Ky Implement $1,109.77 smcs; Ky Shoe Hospital $4.00 smcs; Ky Towing $160.00 smcs; Ky Warehouse $1,664.22 smcs; Ky Winlectric $1,373.73 smcs; Ky Winnelson $50.48 smcs,co; Ky Yamaha $518.33 smcs; Ky Young Life $1,361.95 smcs; KGFW $480.00 smcs; Killion Motors $257.23 smcs; Kiplinger Tax Letter $67.00 smcs; Kmart $61.14 smcs; Konica Minolta $218.38 smcs; Kowalek,G $12.47 smcs; Lancope $33,023.04 co; Laser Art Design $545.55 smcs; Lawson Products $537.58 smcs; LCL Truck Equipment $222.28 smcs; League of NE Municipalities $510.00 smcs; Lewis,N $181.82 smcs; Lincoln Truck Center $36.38 smcs; Linda's Upholstery $417.60 smcs; Linweld $225.69 smcs; Lockmobile $22.00 smcs; LTI $82.00 smcs; Lynaugh,J $42.90 smcs; Mac Tools $349.99 smcs; Machines & Media $351.00 smcs,co; Magic Cleaning $660.00 smcs; Mail Express $7.32 smcs; Marlatt Machine Shop $193.69 smcs; Mattley Design $295.00 smcs; McCarty,D $36.51 smcs; Menards $992.22 smcs,co; MGS Tech $26.33 co; Mid-State Units $90.00 smcs; Midwest Lab $1,926.60 smcs; Midwest Turf $125.73 smcs; Milco Environmental $1,695.00 smcs; Miller & Associates $96,565.49 co; Miller Signs $342.50 smcs; Misko Sports $834.25 smcs; Moonlight Embroidery $1,634.00 smcs; Morgan,M $42.90 smcs; Morris Press $123.92 smcs; Motion Industries $44.96 smcs; MPH Industries $342.38 co; Mr Automotive $1,963.24 smcs; Napa All Makes Auto $1,962.97 smcs; Nat'l Diamond $270.00 smcs; NDHHS $208.00 smcs; NE All Battery $38.00 smcs; NE Child Support $2,262.35 ps; NE Dept of Environmental $248,328.63 smcs,ds; NE Dept of Revenue $26,521.36 smcs; NE Golf Ass'n $48.00 smcs; NE Library Ass'n $165.00 smcs; NE Safety & Fire $95.00 smcs; NE State Fire Marshal $240.00 smcs; NE Statewide $200.00 smcs; NE Truck Center $316.97 smcs; NE Wastewater Operators $20.00 smcs; NE Workforce Development $380.00 smcs; Network Solutions $59.98 ps; NFPA Nat'l Fire $865.50 smcs; Northstar Audio Books $10.00 smcs; Northwest Electric $608.04 smcs; Northwestern Energy $8,802.33 smcs; Nova Fitness Equipment $7,233.00 ps; Ocean Systems $1,295.00 smcs; Office Depot $183.80 smcs; Office Max $416.86 smcs; O'Keefe Elevator $146.15 smcs; Olathe Holiday $165.74 smcs; O'Reilly Auto $2,107.40 smcs; Oriental Trading $15.94 smcs; Orr,L $100.00 smcs; Orscheln $528.25 smcs; Otto Environmental Systems $19,061.76 smcs; Our Designs $30.75 ps; Paramount Linen $112.64 smcs; Pat's Plumbing $510.00 smcs; Paypal $145.00 smcs; PBD Ala-Graph Editions $78.30 smcs; Platte Valley Comm $4,918.24 smcs; Police Officers Ass'n of NE $171.00 smcs; Polk Directories $330.10 smcs; Postmaster $2,636.27 smcs; Presto-X $245.00 smcs; Public Risk Management $417.00 smcs; Radioshack $9.46 smcs; Random House $798.16 smcs; Rath Concrete $1,190.25 co; Raymond Geddes $46.87 smcs; Ready Mixed Concrete $3,843.47 smcs,co; Reams Sprinkler Supply $162.14 smcs; Recognition Unlimited $108.27 smcs; Recorded Books $1,346.44 smcs; Recovery Systems $224.63 smcs; Rourke Publishing $299.95 smcs; RTI $214.95 smcs; Sahling Kenworth $1,297.71 smcs; Sandy's Jewelry $1,230.00 ps; Sargent Drilling $168,186.20 co; Sashas Bead & Toggles $14.97 ps; Sears $6.99 smcs; See Clear Cleaning $2,800.00 smcs; Sherwin Williams $98.56 smcs; Sign Center $388.00 smcs; Sioux Automation $578.88 smcs; Sixth Street Self Storage $82.50 smcs; Softchoice $900.23 smcs; Solid Waste Agency $197.43 smcs; Solid Waste Equipment $5,904.26 smcs; St of NE/DAS Comm $19.17 smcs; St of NE/Dept Aeronautics $995.00 ds; St of NE/Fire Marshal $360.00 smcs; St of NE/HHS Laboratory $1,497.00 smcs; Steffensmeier,J $42.90 smcs; Stocker,K $4.00 smcs; Strategic Materials $682.76 smcs; Suburban Fire Protection $1,389.51 smcs; Sungard HTE $370.00 smcs; Sunmart $7.74 smcs; Superior Signals $920.80 smcs; Suthphen $39.00 smcs; Swanson-Murray,H $10,000.00 co; Target $296.74 smcs,ps; Tarpomatic $91,237.00 co; Techrepublic $39.00 smcs; Telephone Systems $22.46 smcs; Thies,G $59.21 smcs,ps; Thompson Publishing $428.50 smcs; Thompson,K $5.71 smcs; Tigerdirectcom $27.49 smcs; Total Backflow $125.00 smcs; Tractor-Supply $1,384.13 smcs,co; Tracy,K $42.90 smcs; Trembly,M $42.90 smcs; Tri City Outdoor Power $63.20 smcs; Turner Body Shop $150.00 smcs; Ultimate Office $354.58 smcs; Ulverscroft Large Print $17.84 smcs; UPRR $51,529.46 smcs; Unique Management $340.10 smcs; UPS $292.13 smcs; USPS $182.09 smcs; Valley Airways $95.42 smcs; Vermont Systems $1,027.00 smcs; VS Visual Statement $1,095.00 smcs; Waldenbooks $74.19 smcs; Wal-Mart $1,057.87 smcs,ps; Wemart West $13.00 smcs; Wessels,W $179.85 smcs; West Payment Center $1,104.81 smcs; West Villa Animal Hospital $315.96 co; Westin Convention Center $633.84 smcs; Wicks Sterling Trucks $903.49 smcs; Wiederspan,R $183.25 smcs; Wiegand Security $75.00 smcs; Wilber Mfg $7,364.00 co; Wilke Donovan's $253.29 smcs; Wilkins Hinrichs Stober $1,502.46 co; Williams,M $130.27 smcs; Williamson-Dickie $114.95 ps; WPCI $53.50 ps; Xerox Supply $541.47 smcs; Xitrade $119.95 smcs; Yanda's Music $240.00 smcs; Zimmerman Printers $586.25 smcs; Payroll Ending 12-22-2007 -- $293,908.51.  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 January 8, 2008 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Pledge support for the participation in Nebraska’s Economic Development Certified Community Program and approve Resolution No. 2007-257.

 

RESOLUTION NO. 2007-257

 

            WHEREAS, local municipal government, county government, and regional economic development entities must provide leadership and coordination for economic development efforts; and

            WHEREAS, economic development needs can best be solved through a cooperative effort between local, county, regional and state economic development organizations and entities; and

            WHEREAS, there is a need to recognize and promote our community’s organizational readiness, infrastructure investment, ability to respond to business needs; and

WHEREAS, the Economic Development Certified Community Program, administered by the Nebraska Department of Economic Development, has been reviewed and found to be a program promoting our community’s economic development preparedness.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, to pledge their full support, endorsement and cooperation for participation in Nebraska’s Economic Development Certified Community Program by the City of Kearney.

            PASSED AND APPROVED THIS 26TH DAY OF DECEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

5.         Approve Application and Certificate for Payment No. 1 in the amount of $55,341.00 submitted by Eriksen Construction and approved by Miller & Associates for the Northwest Well Field Improvements – Phase III (Water Conditioning Facility and Control System) and approve Resolution No. 2007-258.

 

RESOLUTION NO. 2007-258

 

WHEREAS, Eriksen Construction Co. of Blair, Nebraska has performed services in connection with the Northwest Well Field Improvements – Phase III (Water Conditioning Facility and Control System) and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $55,341.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$410,900.00

Contract Sum To Date

410,900.00

Gross Amount Due

61,490.00

Retainage

6,149.00

Amount Due to Date

55,341.00

Less Previous Certificates for Payment

              .00

Current Payment Due

$ 55,341.00

 

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 1, as shown on Exhibit “1”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 26TH DAY OF DECEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

6.         Approve Application and Certificate for Payment No. 1 in the amount of $13,770.00 submitted by Midlands Contracting and approved by Miller & Associates for the 2007 Manhole Rehabilitation Project and approve Resolution No. 2007-259.

 

RESOLUTION NO. 2007-259

 

WHEREAS, Midlands Contracting Inc. of Kearney, Nebraska has performed services in connection with the 2007 Manhole Rehabilitation Project and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $13,770.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$125,118.95

Contract Sum To Date

125,118.95

Gross Amount Due

15,300.00

Retainage

1,530.00

Amount Due to Date

13,770.00

Less Previous Certificates for Payment

             .000

Current Payment Due

$  13,770.00

 

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 1, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 26TH DAY OF DECEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

7.         Approve Application and Certificate for Payment No. 9 in the amount of $315,889.52 submitted by Blessing, LLC and approved by Miller & Associates for the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2007-260.

 

RESOLUTION NO. 2007-260

 

            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 Application and Certificate for Payment No. 9 in the amount of $315,889.52 as shown on Exhibit “A” 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)

            Change Order No. 3 (10-23-2007)

            Change Order No. 4 (11-27-2007)

+     61,459.75

+       4,853.68

+       6,451.99

+     22,983.33

Contract Sum to Date

$2,073,409.71

Gross Amount Due

1,796,899.97

Retainage

89,845.00

Amount Due to Date

1,707,054.97

Less Previous Certificates for Payment

  1,391,165.45

Current Payment Due

 

$   315,889.52

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 9, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 26TH DAY OF DECEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

8.         Approve Change Order No. 1 showing an increase in the amount of $1,951.80, Application and Certificate for Payment No. 2-Final in the amount of $63,427.75, and Certificate of Substantial Completion submitted by Dan Roeder Concrete and approved by Miller & Associates for the 2007 Part III Improvements – Bid B consisting of Paving Improvement District No. 2007-914 for 16th Street from Avenue M east a distance of 747± feet and approve Resolution No. 2007-261.

 

RESOLUTION NO. 2007-261

 

            WHEREAS, Dan Roeder Concrete of Kearney, Nebraska has performed services in connection with the 2007 Part III Improvements consisting of Paving Improvement District No. 2007-914 for 16th Street from Avenue M east a distance of 747± feet, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $1,951.80 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

            WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 2-Final in the amount of $63,427.75 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$142,511.50

            Change Order – None

            Change Order No. 1 (12-26-2007)

               .00

+    1,951.80

Contract Sum to Date

$142,511.50

Gross Amount Due

90,039.50

Retainage

9,003.95

Amount Due to Date

81,035.55

Less Previous Certificates for Payment

    81,035.55

Current Payment Due

 

$  63,427.75

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of September 21, 2007, 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 for Payment No. 2-Final, as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 26TH DAY OF DECEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

9.         Approve Change Order No. 2 showing a decrease in the $3,746.25, Application and Certificate for Payment No. 3-Final in the amount of $7,200.00, and Certificate of Substantial Completion submitted by Concrete Workers and approved by Miller & Associates for the Cemetery Paving 2007 Project and approve Resolution No. 2007-262.

 

RESOLUTION NO. 2007-262

 

WHEREAS, Concrete Workers Inc. of Kearney, Nebraska has performed services in connection with the 2007 Cemetery Paving Improvements and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing a decrease in the amount of $3,746.25 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Concrete Workers Inc. and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 3-Final in the amount of $7,200.00 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

            Change Order No. 1 (10-23-2007)

            Change Order No. 2 (12-26-2007)

$112,068.50

+       727.35

-     3,746.25

Contract Sum To Date

109,049.60

Gross Amount Due

109,049.60

Retainage

.00

Amount Due to Date

109,049.60

Less Previous Certificates for Payment

  101,849.60

Current Payment Due

$    7,200.00

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of September 27, 2007, 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. 2, as shown on Exhibit “A”, Application and Certificate for Payment No. 3-Final, as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 26TH DAY OF DECEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

10.        Approve Application and Certificate for Payment No. 2 in the amount of $1,128,671.21 submitted by Starostka Group Unlimited and approved by Miller & Associates for the Northwest Well Field Improvements – Phase II (Water Transmission Main) and Water Connection District No. 2007-1 for 56th Street from 30th Avenue west a distance of 4,410.1 feet and approve Resolution No. 2007-263.

 

RESOLUTION NO. 2007-263

 

            WHEREAS, Starostka Group Unlimited of Grand Island, Nebraska has performed services in connection with the Northwest Well Field Improvements; Phase II – Water Transmission Main, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Application and Certificate for Payment No. 2 in the amount of $1,128,671.21 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$4,098,297.20

            Change Order – None

                  .00

Contract Sum to Date

4,098,297.20

Gross Amount Due

2,431,566.97

Retainage

243,156.70

Amount Due to Date

2,188,410.28

Less Previous Certificates for Payment

-    752,186.88

Less Difference Stored Material & Completion

-      70,472.19

Less Bacteria & Pressure Testing

-    132,080.00

Less Late Completion (October 2007 – April 2008)

-    105,000.00

Current Payment Due

 

$1,128,671.21

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

            PASSED AND APPROVED THIS 26TH DAY OF DECEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7404 – CREATE PAVING DISTRICT NO. 2007-920

 

Chapter 16 of the Nebraska Revised Statutes sets out the rules by which water, sewer and paving districts may be created by public entities. The Council has the authority to create districts and make improvements and assess the costs to the property that is benefited by the improvements. The Mayor and Council, by ordinance, shall create districts according to Sections 16-619 and 16-667 of the Nebraska Revised Statutes.  At that time, the City must publish notice of the creation of the district one time each week for not less than 20 days in a daily or weekly newspaper of general circulation in the City.  After publication, if the owners of record title representing more than 50% of the front footage of the property abutting or adjoining any continuous or extending improvements objects in writing within 20 days (30 days for water and sewer) from the first publication of said notice the work will not be done. If objections are not filed against the district in a timely manner that meets the law, the Mayor and Council shall proceed to construct such improvements.

 

Items 1 through 5 pertain to alley improvements in the downtown district. These alleys are in very poor condition and present a drainage problem. These projects will have a major positive impact on the downtown businesses. According to the City’s paving assessment policy, the property owners would have to pay 75 percent of the cost of the improvements. It should be noted that funds from the CRA will be applied to the total cost of the projects. The remaining amounts due will be assessed to the abutting property owners.

 

Council Member Lammers introduced Ordinance No. 7404, being Subsection 1 of Agenda Item V to create Paving Improvement District No. 2007-920 for the alley lying between 24th Street to 25th Street from 1st Avenue to 2nd 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 Lear 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: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. 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. 7404 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7404 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Buschkoetter, Lammers, Kearney, Lear. Nay: None. Clouse absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7404 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.

 

ORDINANCE NO. 7405 – CREATE PAVING DISTRICT NO. 2007-921

 

Council Member Lammers introduced Ordinance No. 7405, being Subsection 2 of Agenda Item V to create Paving Improvement District No. 2007-921 for the alley lying between 1st Avenue and 2nd Avenue from 23rd Street to 24th Street, 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 Lear 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: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. 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. 7405 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7405 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Buschkoetter, Lammers, Kearney, Lear. Nay: None. Clouse absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7405 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.

 

ORDINANCE NO. 7406 – CREATE PAVING DISTRICT NO. 2007-922

 

Council Member Lammers introduced Ordinance No. 7406, being Subsection 3 of Agenda Item V to create Paving Improvement District No. 2007-922 for the alley lying between 25th Street and 26th Street from Central Avenue to Avenue A, 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 Lear 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: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. 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. 7406 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7406 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Buschkoetter, Lammers, Kearney, Lear. Nay: None. Clouse absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7406 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.

 

ORDINANCE NO. 7407 – CREATE PAVING DISTRICT NO. 2007-923

 

Council Member Lammers introduced Ordinance No. 7407, being Subsection 4 of Agenda Item V to create Paving Improvement District No. 2007-923 for the alley lying between Central Avenue and Avenue A from 23rd Street to 24th Street, 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 Lear 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: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. 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. 7407 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7407 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Buschkoetter, Lammers, Kearney, Lear. Nay: None. Clouse absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7407 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.

 

ORDINANCE NO. 7408 – CREATE PAVING DISTRICT NO. 2007-924

 

Council Member Lammers introduced Ordinance No. 7408, being Subsection 5 of Agenda Item V to create Paving Improvement District No. 2007-924 for the alley lying between Central Avenue and 1st Avenue from 23rd Street to 24th Street, 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 Lear 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: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. 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. 7408 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7408 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Buschkoetter, Lammers, Kearney, Lear. Nay: None. Clouse absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7408 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.

 

ORDINANCE NO. 7409 – AMEND SECTION 1-1507 OF THE CITY CODE

 

On April 26, 2005, the City Council approved Article 15 “Purchasing” of the Code of the City of Kearney.  Section 1-1507 of this Article currently requires that all Departments procuring professional services exceeding $10,000 follow a formal Request for Proposals (RFP) procedure when acquiring professional services. This procedure requires the Department to publish notice at least 10 days prior to the receipt of proposals for professional services.  The RFP must describe the services required, list types of information and data required, and state the relative importance of particular qualifications. The Department Head may then conduct discussions with any offeror(s) and an award shall be made in writing by the Department Head to the best qualified offeror based on the evaluation factors set forth in the RFP, and after negotiation of compensation determined to be fair and reasonable. All contracts exceeding $20,000 must then be reviewed by the City Attorney and approved by the City Council.

 

This ordinance will require Departments to follow the formal RFP procedure as discussed above when procuring professional services that cost over $20,000 instead of $10,000. This policy change will help streamline the procurement of professional services and all contracts exceeding $20,000 will still have to be reviewed by the City Attorney and approved by the City Council.

 

Council Member Lammers introduced Ordinance No. 7409, being Subsection 6 of Agenda Item V to amend Section 1-1507 “Professional Services” of Article 15 “Purchasing” of Chapter 1 “Administration” of the Code of the City of Kearney to increase the amount to $20,000.00 when procuring professional services required in the selection procedures, 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 Lear 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: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. 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. 7409 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7409 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Buschkoetter, Lammers, Kearney, Lear. Nay: None. Clouse absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7409 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7394 – VIAERO WIRELESS CONDITIONAL USE PERMIT FOR 609 PLATTE ROAD (WITHDRAWN)

 

Ordinance No. 7394 proposing to grant a Conditional Use Permit to NE Colorado Cellular, Inc., dba Viaero Wireless (Applicant) and Firstier Capital Corporation, dba Kearney Event Center, Inc. (Owner) to construct a 150-foot tall self supporting telecommunications pole, a backup generator, a 1,000 gallon propane tank and space for two 9 foot by 15 foot by 8.5 foot tall concrete buildings (one current and one future) to house electronic equipment on property zoned Community Commercial District/Planned Development Overlay District and located at 609 Platte Road was withdrawn by the applicant.  Therefore, no action was taken.

 

ORDINANCE NO. 7402 – VACATE PORTION OF LOT 2, MARIANNE HUNT ADDITION

 

Ordinance No. 7402 proposing to vacate part of Lot 2, Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street) will remain on the table until January 22, 2008 at the request of the applicant.  Therefore, no action was necessary.

 

AMENDMENT TO PERSONNEL MANUAL

 

Regular Agenda Items 3 and 4 were discussed together but voted on separately.

 

Vice-President Buschkoetter opened for discussion the proposed amendment to the City of Kearney Personnel Manual and to consider approval of Resolution No. 2007-264.

 

Assistant City Manager Amber Brown presented this matter to the Council.  Each year the City reviews the Personnel and Employee Benefits Manual and the Risk Management and Safety Procedures Manual and the proposed changes have been also reviewed and approved by the Employee Council.

 

Personnel and Benefits Manual

·         Adjusting the cost of formulary prescription drugs from $50 to $40.

·         Revision and reinstatement of the Tuition Reimbursement Program.  Maximum of $800 benefit subject to advance approval, minimum grades and budgeted funds.

 

Risk Management and Safety Procedures Manual 

·         Additional section regarding the Written Illness/Injury Prevention Program.

·         Defined responsibilities for employees concerning safety and risk management.

·         Documentation of the procedures in dealing with on the job injury.

·         Updates to the Hazardous Communication Program.

·         Updates to the Bloodborne Pathogen Program.

·         Updates to the Lockout/Tagout Procedures.

·         Updates to the Confined Space Plan.

·         Improving policies to include the most current safety standards.

 

Moved by Buschkoetter seconded by Kearney to approve the proposed amendment to the City of Kearney Personnel Manual and approve Resolution No. 2007-264.  Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lear, Lammers. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2007-264

 

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

WHEREAS, on August 22, 2006 the City Council adopted a newly revised Personnel and Employee Benefits Manual; and

WHEREAS, the City Manager and administrative staff have made a few minor revisions to the latest version of the Personnel and Employee Benefits Manual adopted on August 22, 2006; and

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

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the Personnel and Employee Benefits Manual adopted on August 22, 2006 by Resolution No. 2006-151 be and is hereby amended to include the following changes:

·         Adjusting the cost of formulary prescription drugs from $50 to $40.

·         Revision and reinstatement of the Tuition Reimbursement Program.  Maximum of $800 benefit subject to advance approval, minimum grades and budgeted funds.

 

A copy of the newly revised Personnel and Employee Benefits Manual, marked Exhibit “A”, is attached hereto and made a part hereof by reference.

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

            PASSED AND APPROVED THIS 26TH DAY OF DECEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

CITY OF KEARNEY RISK MANAGEMENT AND SAFETY PROCEDURES MANUAL

 

Vice-President Buschkoetter opened for discussion the adoption of the City of Kearney Risk Management and Safety Procedures Manual and to consider approval of Resolution No. 2007-265.

 

Moved by Kearney seconded by Lammers to approve the City of Kearney Risk Management and Safety Procedures Manual and approve Resolution No. 2007-265. Roll call resulted as follows: Aye: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2007-265

 

            WHEREAS, to ensure a safe workplace and a safe community, commitment and assistance of all City employees is necessary as the authority and accountability for safety and loss prevention rests with each employee; and

            WHEREAS, the City of Kearney has prepared and complied with the City of Kearney Risk Management and Safety Procedures Manual; and

            WHEREAS, the City Council having reviewed the City of Kearney Risk Management and Safety Procedures Manual, finds it to be appropriate and necessary to the continued effective performance of duties by employees of the City.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the City of Kearney Risk Management and Safety Procedures Manual be and is hereby adopted.  A copy of the City of Kearney Risk Management and Safety Procedures Manual, marked Exhibit “A”, is attached hereto and made a part hereof by reference.

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

            PASSED AND APPROVED THIS 26TH DAY OF DECEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

OPEN ACCOUNT CLAIMS: PLATTE VALLEY STATE BANK - $43,364.60, NPPD - $57,672.72

 

Moved by Lammers seconded by Buschkoetter that Open Account Claims in the amount of $43,364.60 payable to Platte Valley State Bank, and in the amount of $57,672.72 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse absent and Lear abstained. Motion carried.

 

VII.    REPORTS

 

CLOSED  SESSION

 

Moved by Buschkoetter seconded by Kearney that Council adjourn into closed session at 7:11 p.m. for the protection of the public interest. Roll call resulted as follows: Aye: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. Motion carried.

 

Vice-President restated the purpose of the closed session is for the protection of the public interest.

 

Moved by Buschkoetter seconded by Kearney that Council reconvene in regular session at 7:59 p.m. The closed session was to discuss possible litigation. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney, Lear. Nay: None. Clouse absent. Motion carried.

 

VIII.    ADJOURN

 

Moved by Lear seconded by Buschkoetter that Council adjourn at 8:00 p.m. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lear, Lammers. Nay: None. Clouse absent. Motion carried.

 

 

                                                                                    RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK