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