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The applicant has withdrawn the Application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