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Kearney, Nebraska

February 26, 2008

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 February 26, 2008, in the Council Chambers at City Hall.  Present were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Bruce Lear, and Bob Lammers. Absent: None.  Michael Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Tony Jelinek, Assistant Director of Utilities; and Dan Lynch, Chief of Police were also present. Some of the citizens present in the audience included: Steve Case, Sara Giboney from Kearney Hub, Steve Altmaier, KGFW Radio.

 

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

 

There was a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

Two Boy Scouts from Troop 158 led the Council members and audience in the Pledge of Allegiance.

 

ANNOUNCEMENT

 

Mayor Clouse announced that in accordance with Section 84-1412 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is available for review and is posted towards the back of the Council Chambers.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

None.

 

IV.    CONSENT  AGENDA

 

Moved by Kearney seconded by Lammers that Subsections 1 through 17 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held February 12, 2008.

 

2.         Approve the following Claims: AT&T $191.91 smcs; Ace Hardware $3.28 smcs; Ace Irrigation $218.63 smcs; ACS Firehouse Solutions $1,065.00 smcs; Admiral Flag Poles $264.00 smcs; Agri Co-op $21,006.86 smcs; Alamar Uniforms $507.48 smcs; Alltel $681.07 smcs; Amax Contracting $431.82 co; Amazon $1,499.67 smcs; Amber Circle Music $200.00 smcs; Amer Electric $594.95 smcs,co; Amer Library Assn $215.00 smcs; Amer Trade Mark $172.70 smcs; Anderson Bros $356.88 smcs; Anderson Industrial Engine $37.29 smcs; APWA Mid-America $150.00 smcs; Argo Int'l $2,046.97 smcs; Ask Supply $354.87 smcs; Aurora Cooperative $2,306.15 smcs; Auto Glass Center $225.77 smcs; Aviva $1,220.00 ps; Baker & Taylor Books $1,379.63 smcs; Bamford $400.00 smcs; Barco Municipal Products $872.74 smcs; BBC Audiobooks $136.26 smcs; Berens-Tate Consulting $900.00 smcs; Blessing $600.00 smcs; Bluecross Blueshield $90,217.99 smcs; Bosselman $1,237.00 smcs; Brown,A $149.87 smcs; Brungardt Engineering $510.00 smcs; Bubble Factory $130.25 smcs; Buffalo Co Court $231.49 ps; Buffalo Co Reg Deeds $35.50 smcs; Buggy Bath Car Wash $17.00 smcs; Builders Warehouse $1,391.99 smcs,co; Bullex Digital Safety $442.80 smcs; Buy Wireless Now $124.61 smcs; Capital Bank & Trust $192.30 ps; Carquest $1,908.75 smcs; Caseys $29.80 smcs; Cash-Wa $436.95 smcs; CDW Govt $746.95 co; Centaur Enterprises $132.07 smcs; Center Point Large Print $126.74 smcs; Central Contracting $25,167.60 co; Central Hydraulic Systems $662.63 smcs; Central NE Bobcat $39.86 smcs; Champlain Planning Press $140.00 smcs; Charter $54.99 smcs; City of Ky $79,690.19 smcs,ps; College Savings Plan of NE $75.00 ps; Computer Pros $34.99 co; Conseco Life Ins $24.00 ps; Construction Rental $320.00 co; Copycat Printing $500.97 smcs; Country Inn & Suites $1,152.48 smcs; Crossroads Ford $1,106.77 smcs; Culligan $34.00 smcs; Cummins Central Power $234.27 smcs; Curtis Industries $187.00 smcs; D&S Lighting $38.67 smcs; Dawson Co PPD $12,527.32 smcs; Dell $2,402.66 smcs,co; Depository Trust $11,285.00 ds; Dept of the Treasury $2.94 ps; Dugan Business Forms $1,085.24 smcs; Dutton-Lainson $257.40 smcs,co; Eakes $5,261.38 smcs,co; Eddys $29.00 smcs; EDM Equipment $1,277.62 smcs; Ellmers,R $31.25 smcs; Entenmann-Rovin $297.50 smcs; Eustis Body Shop $150.00 smcs; Expedia $5.00 smcs; Fairbanks Int'l $804.15 smcs; Fastenal $803.28 smcs,co; Fedex $152.24 smcs; Fire Dept Training $240.00 smcs; Firestore/Officerstore $332.99 smcs; Frontier $8,109.97 smcs; Frontierair $457.71 co; Gale $289.71 smcs; Galls $331.96 smcs; Garrett Tires $187.95 smcs; Gempler $96.35 smcs; Graham Tire $382.66 smcs; Grainger $2,270.60 smcs,co; Grantsmanship Center $875.00 smcs; Great American Outdoor $101.54 smcs; Great Lakes $227.50 smcs; Great Plains One Call $83.04 smcs; Guenther Electric $65.00 smcs; Hach $442.10 smcs; Hali-brite $185.69 smcs; Hallmarkcom $232.70 smcs; Harland Technology $1,645.00 smcs; Hastings $63.55 smcs; Hayden,S $57.60 smcs; Heartland Marketing $96.73 smcs; Heiman Fire Equipment $64.25 smcs; Hobby-Lobby $19.99 smcs; Holdrege Daily Citizen $139.54 smcs; Holiday Inn $5,890.00 co; Holiday Oil $47,720.00 smcs; Holmes Plumbing $619.20 smcs; ICMA RC $2,715.28 ps; ICOM America $72.79 smcs; ICPC Region 7 $100.00 smcs; IRS $96,483.89 ps; Interstate All Battery $80.99 smcs; Interstate Industrial $159.72 smcs; Int'l Assn of Fire Chiefs $760.00 smcs; JA Traffic Products $1,382.44 smcs; Jack Lederman $1,192.03 smcs,co; Johnson Controls $564.75 smcs; Joseph's College of Beauty $441.00 smcs; K&K Parts $1,054.48 smcs,co; Ky Clinic $1,441.00 smcs,ps; Ky Hub $3,379.85 smcs; Ky Implement $412.63 smcs; Ky Towing $100.00 smcs; Ky Visitors Bureau $500.00 smcs; Ky Warehouse $34.19 smcs; Ky Winlectric $4.70 co; Ky Yamaha $608.48 smcs; Kirkham Michael $7,906.68 co; Kmart $29.99 smcs; Konica Minolta $203.94 smcs; Larsen,L $600.00 co; LCL Equipment $2,498.00 smcs; Liberty Cleaners $47.08 smcs; Linweld $354.21 smcs; Lockmobile $25.50 smcs; Lynn Peavey Co $31.00 smcs; Magic Cleaning $660.00 smcs; Marlatt Machine Shop $2,065.88 smcs; Marriott Cornhusker $199.36 smcs; Matthew Bender $37.80 smcs; Mattley Advertising $450.00 smcs; McDermott & Miller $20,630.00 smcs; McMaster-Carr $736.40 smcs; Menards $2,972.34 smcs,co; Metlife $10.06 smcs; Midway Chevrolet $3.03 smcs; Midway Chrysler Dodge $48.19 smcs; Miller Signs $265.00 smcs; MOCIC $200.00 smcs; Moonlight Embroidery $133.25 smcs; Morgan,M $131.30 smcs; Murphy Tractor $122.47 smcs; NAI Bike Nashbar $109.24 smcs; Napa All Makes Auto $2,027.29 smcs,co; NE Assn of Airports $200.00 smcs; NE Child Support $2,252.35 ps; NE Community Foundation $60.00 smcs; NE Dept of Environmental $450.00 smcs; NE Dept of Revenue $28,169.06 smcs; NE Dept of Roads $3,853.61 co; NE DOL/Boiler Inspection $72.00 smcs; NE Fire Administrative $30.00 smcs; NE Golf Assn $48.00 smcs; NE Rural Water Assn $330.00 smcs; NE Statewide Arboretum $125.00 smcs; NE Truck Center $67.27 smcs; Newman Signs $65.78 smcs; NMC $1,351.69 smcs; Northwest Electric $2,426.24 smcs; Northwestern Energy $11,300.01 smcs; NTHP Main St Conference $330.00 smcs; Numara Software $1,800.00 smcs; NYSCA $215.00 smcs; Office Max $494.81 smcs,co; Officenet $776.00 smcs; On Site Mobile Sharpening $61.41 smcs; O'Reilly Auto $581.75 smcs; Orscheln $330.19 smcs; Oxford University Press $41.06 smcs; Paramount Linen $71.23 smcs; PBD Ala-Graph Editions $43.00 smcs; Peking Palace $36.33 smcs; Pep Co $102.20 smcs; Planner Pads $19.48 smcs; Platte Valley Comm $1,388.39 smcs; Police Officers' Assn $187.50 smcs; Presto-X $210.00 smcs; Quill $446.70 smcs; Random House $326.40 smcs; Ray Allen $57.45 co; Reams Sprinkler $957.01 smcs; Recognition Unlimited $10.00 smcs; Recorded Books $410.24 smcs; Reel Quick $158.03 smcs; Rheome Tree $50.00 smcs; Rich Construction $1,800.00 co; Rodriguez,H $22.48 smcs; Safety-Kleen $289.00 smcs; Sahling Kenworth $508.57 smcs; Salina Blueprint $113.08 smcs; See Clear Cleaning $2,800.00 smcs; Shell Oil $130.12 smcs; Sherwin Industries $653.00 smcs; Sherwin-Williams $495.88 smcs,co; Shopletcom $128.81 smcs; Show Me Cables $167.52 co; Sirchie $63.07 smcs; Sixth Street Self Storage $82.50 smcs; Solid Waste Agency $27.74 smcs; SSI Sportime $158.06 smcs; St of NE/Dept Aeronautics $995.00 ds; St of NE/HHS Lab $957.00 smcs; Sunmart $8.58 smcs; Super Shine Auto $9.75 smcs; Superior Signals $117.40 smcs; Target $199.98 smcs; Thomas and Means $1,215.00 smcs; Thompson,K $438.50 smcs; Tigerdirectcom $425.44 smcs; Tool Doctor $39.90 smcs; Tractor-Supply $1,927.45 smcs,co; Tri City Outdoor Power $76.35 smcs; Turner Body Shop $364.60 smcs; TWAcommcom $199.58 co; Unique Management $313.25 smcs; United Air $353.99 smcs; UNK $100.00 smcs; UNL Ctr For Applied Rural $100.00 smcs; UPS $137.30 smcs; USA Blue Book $441.19 smcs; USPS $93.35 smcs; Video Direct Distribution $203.60 smcs; Video Service of America $462.00 smcs; Walgreens $29.99 smcs; Wal-mart $752.42 smcs,co; Welcoa $97.20 ps; West Payment Center $1,140.62 smcs; Wicks Sterling Trucks $250.68 smcs; Wicks Truck Trailers $101.32 smcs; Wiegand Security $75.00 smcs; Wilke Donovans $302.95 smcs,co; Wilkins Hinrichs Stober $851.39 co; Williams,M $131.81 smcs; WPCI $160.50 ps; Payroll Ending 2-16-2008 -- $287,847.03.  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 March 11, 2008 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Accept the report from the City Clerk on the insufficiency of objection/protest filed in connection with Ordinance No. 7408 creating Paving Improvement District No. 2007-924 for the alley lying between Central Avenue and 1st Avenue from 23rd Street to 24th Street.

 

5.         Approve the Agreement between the City of Kearney and the Museum of Nebraska Art to block off the parking on Central Avenue from 24th Street to 25th Street, 24th Street from Avenue A to Central Avenue, and Avenue A from 24th Street to 25th Street on April 5, 2008 from 7:00 a.m. until 1:00 a.m.; and to block off the parking lot located north of MONA, 2401 Central Avenue from April 2, 2008 beginning at 7:00 a.m. until 5:00 p.m. on April 7, 2008 in connection with their Biennial fundraiser.

 

6.         Approve the Plans and Specifications for Landfill Construction – Cell 7 and set the bid opening date for March 18, 2008 at 2:00 p.m.

 

7.         Approve Change Order No. 5 showing an increase in the amount of $16,438.74, Application and Certificate for Payment No. 10 in the amount of $94,432.64 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. 2008-22.

 

RESOLUTION NO. 2008-22

 

WHEREAS, Blessing LLC of Kearney, Nebraska has performed services in connection with the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road (Paving Improvement District No. 2006-908), and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 5 showing an increase in the amount of $16,438.74 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

            WHEREAS, Blessing LLC and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 10 in the amount of $94,432.64 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,977,660.96

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

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

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

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

            Change Order No. 5 (2-26-2008)

+     61,459.75

+       4,853.68

+       6,451.99

+     22,983.33

+     16,438.74

Contract Sum to Date

$2,089,848.45

Gross Amount Due

1,896,302.75

Retainage

94,815.14

Amount Due to Date

1,801,487.61

Less Previous Certificates for Payment

  1,707,054.97

Current Payment Due

 

$     94,432.64

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 5 as shown on Exhibit “A”, and Application and Certificate for Payment No. 10, as shown on Exhibit “B”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 26TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

8.         Approve the recommendation submitted by the Utilities Department and Miller & Associates on awarding the bid to Judds Bros. Construction Co. in the amount of $382,430.00 for the construction of the 2008 Airport Road Water Main Relocation and approve Resolution No. 2008-23.

 

RESOLUTION NO. 2008-23

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on February 12, 2008 at 2:00 p.m. for the 2008 Airport Road Water Main Relocation; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $398,232.50; and

WHEREAS, the said engineers have recommended the bid offered by Judds Bros. Construction Co. from Lincoln, Nebraska in the sum of $382,430.00 be accepted as the lowest responsible bid.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Judds Bros. Construction Co. from Lincoln, Nebraska be and is the lowest responsible bidder for the 2008 Airport Road Water Main Relocation to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Judds Bros. Construction Co. from Lincoln, Nebraska in the sum of $382,430.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the 2008 Airport Road Water Main Relocation in the amount of $398,232.50 be and is hereby accepted.

BE IT FURTHER RESOLVED that the President of the Council of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute contracts for such improvements in accordance with the bid, plans, specifications, and general stipulations pertaining thereto.

            PASSED AND APPROVED THIS 26TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

9.         Approve the application for a Special Designated License submitted by KEARNEY INVESTMENT CORP., dba “Holiday Inn” in connection with their Class CK-17964 liquor license to dispense beer, wine and distilled spirits in the Museum of Nebraska Art, and in the enclosed tent in the parking lot located north of MONA, 2401 Central Avenue, on April 5, 2008 from 5:00 p.m. until 11:00 p.m. for a reception.

 

10.        Approve Application and Certificate for Payment No. 3 in the amount of $65,255.80 submitted by Erickson Construction and approved by Miller & Associates for the Northwest Well Field Phase III, Water Conditioning Building and approve Resolution No. 2008-24.

 

RESOLUTION NO. 2008-24

 

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. 3 in the amount of $65,255.80 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

182,220.00

Retainage

18,222.00

Amount Due to Date

163,998.00

Less Previous Certificates for Payment

   98,742.20

Current Payment Due

$ 65,255.80

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 3, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 26TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

11.        Approve T-Hangar Lease B-7 Lease Agreement between the City of Kearney and Ed Spillman for storage at the Kearney Regional Airport and approve Resolution No. 2008-25.

 

RESOLUTION NO. 2008-25

 

BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the T-Hangar B-7 Lease Agreement, on behalf of the City of Kearney, Nebraska, with Ed Spillman, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 26TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

12.        Approve T-Hangar Lease B-1 Lease Agreement between the City of Kearney and Premier Aviation Training and Management for storage at the Kearney Regional Airport and approve Resolution No. 2008-26.

 

RESOLUTION NO. 2008-26

 

BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the T-Hangar B-1 Lease Agreement, on behalf of the City of Kearney, Nebraska, with Phil Jossi on behalf of Premier Aviation Training and Management, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 26TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

13.        Approve T-Hangar Lease B-B Garage Lease Agreement between the City of Kearney and Steve Orcutt for storage at the Kearney Regional Airport and approve Resolution No. 2008-27.

 

RESOLUTION NO. 2008-27

 

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

            PASSED AND APPROVED THIS 26TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

14.        Approve the Tenant Use and Operations Agreement between the City of Kearney and Buffalo Air Service for T-100, T-708, T-932, T-707A and T-707B for the operation of a crop spraying service, office area, and storage area and approve Resolution No. 2008-28.

 

RESOLUTION NO. 2008-28

 

BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Tenant Use and Operations Agreement at the Kearney Regional Airport, on behalf of the City of Kearney, with Rick Boardman on behalf of Buffalo Air Service for T-100, T-708, T-932, T-707A and T-707B for the operation of a crop spraying service, office area, and storage area, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 26TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

15.        Approve Agreement and Permit for Aeronautical Services between the City of Kearney and Buffalo Air Service for crop spraying service and approve Resolution No. 2008-29.

 

RESOLUTION NO. 2008-29

 

BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement and Permit for Aeronautical Services at the Kearney Regional Airport, on behalf of the City of Kearney, with Rick Boardman on behalf of Buffalo Air Service, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 26TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

16.        Designate Airport Manager Jim Lynaugh as the Liaison Officer for the implementation and monitoring of the Disadvantaged Business Enterprise (DBE) Program at the Kearney Regional Airport and approve Resolution No. 2008-30.

 

RESOLUTION NO. 2008-30

 

WHEREAS, Resolution No. 99-261 was passed and approved on December 28, 1999 by the Kearney City Council adopting the Disadvantaged Business Enterprise (DBE) Program; and

WHEREAS, as a requirement of the DBE Program, the Airport Manager is generally designated as the Liaison Officer and is responsible for implementing and monitoring all aspects of the DBE Program and will ensure that the Kearney Regional Airport will comply with all provisions of 49 CFR Part 26.

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska that Airport Manager Jim Lynaugh be and is hereby designated as the Liaison Officer for the implementation and monitoring of the Disadvantaged Business Enterprise (DBE) Program at the Kearney Regional Airport.

            PASSED AND APPROVED THIS 26TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

17.        Approve the application for a Special Designated License submitted by BAR-D, LLC, dba “Dome Lounge” in connection with their Class CK-39227 to dispense beer, wine and distilled spirits in the Exhibit Building located at the Buffalo County Courthouse, 3807 Avenue N, on March 15, 2008 from 9:00 a.m. until 12:00 a.m. and on March 16, 2008 from 12:00 p.m. until 12:00 a.m. for a motorcycle show.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7415 – CREATE PAVING DISTRICT NO. 2008-925

 

Items 1 through 6 of the Consent Agenda Ordinances pertain to the development of 8th Street, 9th Street Place and 10th Avenue in Park View Estates Fourth. The City received a letter from the property owner requesting paving, water and sewer improvements for this area. Section 57-102 of the Kearney City Code requires the developer to deposit fifty percent of the total estimated costs of the districts.  The remaining unpaid costs of the improvements shall be assessed against the property in said districts on a basis of special benefit to the property, if any, as provided by law. 

 

Council Member Lammers introduced Ordinance No. 7415, being Subsection 1 of Agenda Item V to create Paving Improvement District No. 2008-925 for 9th Street Place from west line of Block 1, Park View Estates Fourth to its terminus in a cul-de-sac, 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: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7415 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7415 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7415 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. 7416 – CREATE WATER DISTRICT NO. 2008-549

 

Items 1 through 6 of the Consent Agenda Ordinances pertain to the development of 8th Street, 9th Street Place and 10th Avenue in Park View Estates Fourth. The City received a letter from the property owner requesting paving, water and sewer improvements for this area. Section 57-102 of the Kearney City Code requires the developer to deposit fifty percent of the total estimated costs of the districts.  The remaining unpaid costs of the improvements shall be assessed against the property in said districts on a basis of special benefit to the property, if any, as provided by law. 

 

Council Member Lammers introduced Ordinance No. 7416, being Subsection 2 of Agenda Item V to create Water District No. 2008-549 for 9th Street Place from west line of Block 1, Park View Estates Fourth to its terminus in a cul-de-sac, 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: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7416 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7416 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7416 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. 7417 – CREATE SANITARY SEWER  DISTRICT NO. 2008-491

 

Items 1 through 6 of the Consent Agenda Ordinances pertain to the development of 8th Street, 9th Street Place and 10th Avenue in Park View Estates Fourth. The City received a letter from the property owner requesting paving, water and sewer improvements for this area. Section 57-102 of the Kearney City Code requires the developer to deposit fifty percent of the total estimated costs of the districts.  The remaining unpaid costs of the improvements shall be assessed against the property in said districts on a basis of special benefit to the property, if any, as provided by law. 

 

Council Member Lammers introduced Ordinance No. 7417, being Subsection 3 of Agenda Item V to create Sanitary Sewer District No. 2008-491 for 9th Street Place from west line of Block 1, Park View Estates Fourth to its terminus in a cul-de-sac, 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: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7417 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7417 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7417 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. 7418 – CREATE PAVING DISTRICT NO. 2008-926

 

Items 1 through 6 of the Consent Agenda Ordinances pertain to the development of 8th Street, 9th Street Place and 10th Avenue in Park View Estates Fourth. The City received a letter from the property owner requesting paving, water and sewer improvements for this area. Section 57-102 of the Kearney City Code requires the developer to deposit fifty percent of the total estimated costs of the districts.  The remaining unpaid costs of the improvements shall be assessed against the property in said districts on a basis of special benefit to the property, if any, as provided by law. 

 

Council Member Lammers introduced Ordinance No. 7418, being Subsection 4 of Agenda Item V to create Paving Improvement District No. 2008-926 for 8th Street from the west line of Block 3, Park View Estates Fourth, thence to its terminus being the east line of Park View Estates Fourth, AND TOGETHER WITH 10th Avenue from 8th Street, thence south to its terminus being the south line of Park View Estates Fourth, 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: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7418 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7418 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7418 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. 7419 – CREATE WATER DISTRICT NO. 2008-550

 

Items 1 through 6 of the Consent Agenda Ordinances pertain to the development of 8th Street, 9th Street Place and 10th Avenue in Park View Estates Fourth. The City received a letter from the property owner requesting paving, water and sewer improvements for this area. Section 57-102 of the Kearney City Code requires the developer to deposit fifty percent of the total estimated costs of the districts.  The remaining unpaid costs of the improvements shall be assessed against the property in said districts on a basis of special benefit to the property, if any, as provided by law. 

 

Council Member Lammers introduced Ordinance No. 7419, being Subsection 5 of Agenda Item V to create Water District No. 2008-550 for 8th Street from the west line of Block 3, Park View Estates Fourth, thence to its terminus being the east line of Park View Estates Fourth, AND TOGETHER WITH 10th Avenue from 8th Street, thence south to its terminus being the south line of Park View Estates Fourth, 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: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7419 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7419 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7419 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. 7420 – CREATE SANITARY SEWER DISTRICT NO. 2008-492

 

Items 1 through 6 of the Consent Agenda Ordinances pertain to the development of 8th Street, 9th Street Place and 10th Avenue in Park View Estates Fourth. The City received a letter from the property owner requesting paving, water and sewer improvements for this area. Section 57-102 of the Kearney City Code requires the developer to deposit fifty percent of the total estimated costs of the districts.  The remaining unpaid costs of the improvements shall be assessed against the property in said districts on a basis of special benefit to the property, if any, as provided by law. 

 

Council Member Lammers introduced Ordinance No. 7420, being Subsection 6 of Agenda Item V to create Sanitary Sewer District No. 2008-492 for 8th Street from the west line of Block 3, Park View Estates Fourth, thence to its terminus being the east line of Park View Estates Fourth, AND TOGETHER WITH 10th Avenue from 8th Street, thence south to its terminus being the south line of Park View Estates Fourth, 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: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7420 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7420 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7420 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

 

MANAGER APPLICATION FOR VETERANS FW 759

 

Mayor Clouse opened for discussion the Manager Application for Jeffrey Cuddeford submitted by the Veterans FW 759 in connection with their Class C-09025 liquor license located at 2215 1st Avenue.

 

Jeffrey Cuddeford was not present to address this matter with the Council.

 

Police Chief Dan Lynch stated that Mr. Cuddeford was contacted and advised that staff had not recommended approval of his application.  Mr. Cuddeford was again contacted the day of this meeting and that was reaffirmed with him.  They attempted to contact the person he listed as his immediate supervisor at the VFW, but were unsuccessful.  When Mr. Cuddeford was informed that material would be presented in public regarding the reasons his application was being denied, he indicated that he would probably not be attending this meeting. 

 

Moved by Buschkoetter seconded by Clouse to table until March 11, 2008 the Manager Application for Jeffrey Cuddeford submitted by the Veterans FW 759 in connection with their Class C-09025 liquor license located at 2215 1st Avenue. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

SELECTION OF ARCHITECT FOR SENIOR CENTER

 

Mayor Clouse opened for discussion the selection of the firm of Wilkins Hinrichs Stober Architects for design services for the Senior Center to be located at the E.K. and Mary Yanney Heritage Park.

 

Management Assistant Luke Olson presented this matter to the Council. In February of 2008, the City of Kearney advertised for Request for Qualifications for design services for the Senior Center Facility, which will be located in E.K. and Mary Yanney Heritage Park. The proposed Senior Center Facility will consist of a multi-purpose building senior activity center.  The City received four proposals and after careful review the Selection Committee is recommending Wilkins Hinrichs Stober Architects as the firm to hire.  Wilkins Hinrichs Stober Architects met all the qualifications in which the City of Kearney was searching for.  The following guidelines were used in evaluating the proposals:

§         Minimum of five (5) years of experience in design of similar size projects.

§         Successful experience providing similar services to at least three (3) other municipal clients.

§         Documented background and qualifications of consulting team to perform the various aspects of the required services.

§         Through the written proposal the consultant must demonstrate an understanding of the required services, concept of what the City of Kearney is striving to accomplish, and its confidence level, commitment of relevant resources to the project and reliability and experience to perform the work.

 

Wilkins Hinrichs Stober Architects submitted the overall best proposal for design services for the Senior Center Facility at E.K. and Mary Yanney Heritage Park. Funding for this project comes from donations, grants, and the ½ cent city sales tax.

 

Moved by Clouse seconded by Kearney to approve the selection of the firm of Wilkins Hinrichs Stober Architects for design services for the Senior Center to be located at the E.K. and Mary Yanney Heritage Park. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

OPEN ACCOUNT CLAIMS: PLATTE VALLEY STATE BANK - $43,810.93, NPPD - $405,311.80

 

Moved by Kearney seconded by Lammers that Open Account Claims in the amount of $43,810.93 payable to Platte Valley State Bank, and in the amount of $405,311.80 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Kearney, Buschkoetter, Lammers. Nay: None. Clouse and Lear abstained. Motion carried.

 

VII.    REPORTS

 

LEGISLATIVE UPDATE

 

City Manager Michael Morgan updated the Council on LB1096.  This legislative item could have a potential negative affect for the City of Kearney. They have been working very closely with the lobbyist who works for the Chamber and who has been very helpful in assisting the City of Kearney.  This legislation is a carry over from last year and deals specifically with a requirement for cities of a certain size to have a paid fire chief, as well as some reporting requirements associated with trust funds and pension funds that a volunteer fire department may have depending on if they collect fees.  The City of Kearney is very unique as compared to what this bill is addressing because it does not have pension funds for volunteers.  Kearney does not charge fees as compared to Bellevue which is the reason this proposed legislation is targeting first class cities of a certain size.  As of February 25, 2008, the population was successfully raised to 35,000 but would still have an impact for Kearney at some in the future.

 

The KVFD works very efficiently and does a good job.  Their preference is to work for a volunteer chief which has been this way for 100+ years.  Some of the volunteer firefighters, the volunteer Fire Chief and the Assistant City Manager testified to that a few weeks ago.  There was good representation of opposing parties and the list was fairly long.  The Fire Chief language was amended to read Fire Administrator, but they did not understand that our Fire Administrator does not oversee fire suppression.  So even with that change in language this remains a concern to Kearney. 

 

The information received today was in all likelihood that the bill would be passed. Kearney requested further amendments that the bill not apply to the City Manager form of government cities, because the bill has a provision that the mayor chooses the chief and the chief reports to the mayor, etc. This is more common in different types of government than Kearney.  If this bill does get passed, Kearney would probably send the City Attorney to the Attorney General to challenge it on a legal basis because this should not apply to Kearney.  It is in direct conflict with state law, Kearney City Code and the Civil Service Rules and Regulations which are required by State Law. 

 

Staff will continue to watch this bill.  As was seen with the smoking ban, these things go very quickly in the Legislature.  By the time we have an opportunity to review it, it is already through committee and is in the Urban Affairs Committee which is Lincoln and Omaha and a couple of small towns around there. Kearney did not have any representation at the Urban Affairs Committee.  That committee has designated it as a “priority” bill which is one of two they are allowed.  Bellevue is the city they are dealing with that believes it needs these balances in place.

 

Staff met with the Legislative Committee for the Chamber and they were very supportive of the City’s position and voted to aggressively oppose this legislation and the full Chamber will be giving a request to do the same thing.  The unfortunate thing is by the time it gets to these points, it has already moved through the process.  We don’t want to put our hands down now and say that we are not concerned since it won’t affect us for seven years  The fact is, it will have a dramatic affect on the morale of the volunteer department. If we had to hire someone as described under the legislation that had those responsibilities, it would result in an $80,000 - $100,000 cost to the tax payers.

 

The Legislature was informed that this legislation would result in a 4-5 percent property tax increase for Kearney. They were also informed that adding a full time paid fire department is a $2 million expenditure which is almost more than Kearney’s total property tax collection amount. Kearney has not been able to gain any foot hold in opposition to this bill.  This was discussed with Senator Johnson and he has some concerns about it.  His belief is that the bill will be moving forward.  One of two things might occur.  They could add an amendment that would indicate it would not apply to city manager type government or more likely they could raise the population from 35,000 to 37,500 which would allow 2-3 years more leeway.  We are assuming that the population would be based on the Department of Revenue that determines an annual population estimate. 

 

Other than the smoking ban bill that was signed the date of this meeting, there is one other bill that is of concern to Kearney.  If the City of Kearney could designate a priority bill, this would be the one.  It is clear that the senators do not understand the different forms of government in Nebraska.  Kearney has a unique circumstance with its volunteer fire department where there is a combination of both paid and volunteer.  Kearney does not provide EMS.  This bill is intended to oversee cities that provide that service. Part of the recommendation they received from the lobbyist was sometimes these bills get passed and in following sessions they get corrected.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Clouse that Council adjourn at 7:27 p.m. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

                                                                                    STANLEY A. CLOUSE

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK