View Other Items in this Archive | View All Archives | Printable Version

Kearney, Nebraska

July 22, 2003

7:30 p.m.

 

Prior to the regular Council meeting, the Council met as the Board of Directors for the Kearney Municipal Airport Corporation in open and public session at 7:30 p.m. on July 22, 2003 in the Council Chambers at City Hall. This meeting adjourned at 7:47 p.m. A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:48 p.m. in the Council Chambers at City Hall. Present were: Bruce Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Galen Hadley, Don Kearney, and Stan Clouse. Absent: None. G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Alan Roesler, Paul Brungardt, Don Dreyer, Diane Dreyer, Sara Dreyer, Joe Dreyer,  Barry Sherman, Dan Lynch, Jeanne Saathoff, Tim Kotschwar, Trudy Kotschwar, Alton Kahle, Ron Tillery, Terry Hibberd, Curtis Christensen, Chuck Pallesen, Phil Kozera, Mike Konz from Kearney Hub, Mike Cahill from KKPR Radio, and Dave Jenner from 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

 

Reverend Charles Gable from First Church of God provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Cody Sparks and Peter Adamson led the Council members and audience in the Pledge of Allegiance.

 

RECOGNITION – DON DREYER, TIM KOTSCHWAR, AND ALTON KAHLE

 

Mayor Blankenship and Council Members recognized Don Dreyer for 25 years of service with the Kearney Police Department. He was presented a plaque and $100 savings bond. Tim Kotschwar was recognized for 15 years of service with the Public Works/Facilities Maintenance Division and was presented a watch. Alton Kahle was also recognized for 15 years of service with the Public Works/Fleet Maintenance Division and was presented a watch.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

APPEAL OF CONDITIONAL USE PERMIT GRANTED TO JAYLENE BASHORE – BED AND BREAKFAST; 510 HURON DRIVE

 

Mayor Blankenship stated that the appeal filed by Betty Connell on the decision by the Planning Commission to grant a Conditional Use Permit to Jaylene Bashore to locate a Bed and Breakfast on property zoned “District ICMU, Interstate Corridor Mixed Use District” and located at 510 Huron Drive was requested to be tabled until August 12, 2003.

 

Moved by Hadley seconded by Buschkoetter to table until August 12, 2003 the appeal filed by Betty Connell on the decision by the Planning Commission to grant a Conditional Use Permit to Jaylene Bashore to locate a Bed and Breakfast on property zoned “District ICMU, Interstate Corridor Mixed Use District” and located at 510 Huron Drive. Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.

 

IV.    CONSENT  AGENDA

 

4.         Moved by Buschkoetter seconded by Blankenship to table the Commercial Property Lease Agreement between the City of Kearney/Kearney Municipal Airport Corporation and Bosselman Energy for the purpose of constructing a propane fuel tank facility at the Kearney Municipal Airport. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion carried.

 

Moved by Blankenship seconded by Kearney that Subsections 1 through 21, except Subsection 4, of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.

 

1.         Approve Minutes of Special Meeting held on July 8, 2003, and Minutes of Regular Meeting held July 8, 2003.

 

2.         Ace Irrigation $14.95 Lease; Alltel $2,624.93 Various; AM&E $246.96 Inv; Andersen's Outdoor Power $258.69 Rep; Anson, I $50.00 Ref; Arrow Seed $1,072.00 Rep; Asphalt & Concrete $2,876.75 Su; AT&T $81.91 Serv; B&B Auto Glass $214.98 Rep; Baker & Taylor $2,369.78 Bks; Barco Municipal Products $2,385.98 Su; Barger, T $100.00 Ref; Barney Insurance $85.00 Prem; BBC Audiobooks America $257.88 Bks; Becker, G $159.00 Su; Big Flag $24.00 Inv; Bob's Super Store $50.21 Su; Book's On Tape $640.00 Bks; Bosselman Energy $9,535.43 Various; Buffalo Co Court $145.75 Ded; Buffalo Co Dist Court $129.00 Ded; Buffalo Co Mutual Aid Assoc $50.00 Tr; Buffalo Co Reg of Deeds $2.00 Fees; Buffalo Co Treasurer $20.00 Fees; Builders How to Warehouse $567.49 Various; Cash-Wa Distributing $4,501.17 Various; CED $46.46 Rep; Central Dist Health Dept $18.00 Fees; Central Platte NRD $108,397.73 Various; Central Valley Irrigation $782.15 Lease; Charter Media $800.00 Adv; Charter Paging $21.92 Serv; Chesterman $1,579.75 Su; City of Kearney $7,239.76 Various; CLH $309.00 Serv; College Savings Plan of NE $245.00 Ded; Colorado Chapter $105.00 Fees; Concrete Workers $31,275.23 Serv; Cook, J $152.75 Tr; Copycat $1,105.08 Su; Corp Div Services $73,671.19 Claims; Credentialing $50.00 Certification; Culligan $149.94 Various; Cummins Great Plains $378.59 Rep; D&M Security $54.00 Rep; Dawson County PPD $17,125.09 Serv; Dept of Agronomy-UNL $50.00 Reg; Development Council $1,250.00 Econ Dev; Diamond Vogel Paints $387.61 Rep; Don's Pioneer Uniforms $207.70 Cla; Dutton Lainson $269.72 Various; Eakes Office Plus $646.12 Su; Ecolab $26.00 Su; EDMO $2,970.56 Rep; Elliott Equipment $2,006.52 Rep; Farmers Union Coop $20.00 Su; Fedex $76.56 Various; Fremont Nat'l Bank $32,922.47 Ded; Frontier $237.76 Serv; Gangwish Turf $108.00 Su; Gary's I-80 $192.50 Serv; Glazier, R $13.46 Tr; Great Plains One-Call $505.88 Serv; H&G Cleaners $529.24 Various; H&H Distributors $242.00 Su; HTE $1,663.00 Equip; Heiman Fire Equipment $931.48 Su; Holmes Plumbing $68.63 Various; IAEI $240.00 Dues; IBM $3,859.00 Serv; ICMA RC $2,460.81 Ded; IRS $84,035.20 Ded; IPMA $434.00 Various; IS Solutions $1,895.00 Serv; ISDN $185.40 Serv; Jack Lederman $640.03 Various; JJE $154.00 Su; Kalba, R $63.28 Cla; KASWA $270.33 Various; Ky Clinic $768.00 Various; Ky Concrete $1,406.75 Serv; Ky Crete $446.55 Inv; Ky Glass $580.00 Rep; Ky Hub $4,228.82 Adv; Ky Implement $6,549.00 Capital Imp; Ky Salvage $38.00 Su; Ky Winlectric $252.78 Su; Ky Yamaha $1,544.46 Rep; Kepler, J $7.98 Cla; Kirkham Michael $1,669.34 Serv; Klaus, M $76.28 Tr; Klinginsmith, R $50.00 Ref; Kugler $661.40 Rep; L&W Tires $325.24 Various; Landmark Audiobooks $10.00 Bks; Lawson Products $408.74 Various; Linweld $1,113.36 Various; Lockmobile $33.70 Rep; Lungrin, D $50.00 Ref; Marlatt Machine Shop $240.07 Various; Mason Motors $855.00 Capital Outlay; May, J $5.51 Tr; McDermott & Miller $2,200.00 Serv; Medical Air Products $35.00 Su; Meteorlogix $70.16 Serv; Midlands Contracting $17,758.49 Serv; Mid-State Units $300.00 Equip; Midwest Lab $4,481.25 Serv; Mieth, T $21.03 Cla; Miller and Associates $5,818.43 Serv; Miller Signs $50.00 Rep; Modern Methods $101.19 Su; Morris Press $17.50 Serv; Motorola $2,574.50 Equip; Municipal Emergency Services $1,520.00 Su; Municipal Supply  $739.70 Inv; NAPA  $15.99 Rep; Nat'l Paper Supply $73.22 Su; Nat'l Waterworks $266.87 Inv; NE Child Support $978.18 Ded; NE Library Comm $1,100.00 Bks; NE Machinery $5,937.69 Rep; NE Chapter RMFMA $40.00 Tr; NE Dept of Env Quality $17,806.76 Disposal Fee; NE Dept of Revenue $17,022.39 Taxes; NE Vol Firefighters' Trust $1,920.84 Prem; NEland Distribution $520.00 Su; New World Systems $280.00 Serv; Northwestern Energy $860.58 Serv; Office Depot $664.12 Su; Office Net $918.39 Su; Parmount Linen $160.30 Various; Pat's Plumbing $40.00 Rep; Paul A. Otto Curb Grinding $36.00 Capital Imp; Paulsen $221,330.20 Serv; Peerless Machine $435.71 Rep; Petroleum Equipment $245.36 Inv; Phantom of NE $200.00 Reim; Platte Valley State Bank $986.64 Various; Postmaster $615.00 Pstg; Preferred Mail $81.62 Pstg; Presto-X $176.00 Rep; Prices Tree Service $7,545.00 Serv; Publishers Consolidated $52.00 Rep; Pueblo Chemical $682.55 Rep; Ready Mixed Concrete $11,170.75 Serv; Recognition Unlimited $384.00 Su; Recorded Books $190.75 Bks; Respond First Aid Systems $224.90 Various; Riverside Animal Hospital $1,454.25 Serv; Ropers Radiator $85.00 Su; Saathoff, J $49.90 Pc; Schmitt, J $34.50 Tr; Scranton Service Group $727.00 Serv; See Clear Cleaning $1,800.00 Serv; Sherwin Williams $11.88 Su; Sign Warehouse $32.44 Su; Snap On Tools $406.25 Tools; Solid Waste Equipment $4,506.33 Containers; Sorkness, C $150.00 Adv; Starostka Group Unlimited $145,500.00 Serv; State of NE Dept of Aeronautics $370.00 Repayment; Stevelinne $50.00 Ref; T&B Cleaning $1,500.00 Serv; The Kiplinger Letter $84.00 Bks; Thome, B $61.75 Tr; Thompson, L $50.00 RepTielke's Sand $562.52 Su; Tollefsen-Elliott Lumber $13.45 Su; Toyne $46.75 RepTurfgrass Science Team UNL $150.00 Tr; Union Oil $2,450.25 Inv; Unique Books $49.25 Bks; United Distillers $236.86 Su; United Publishers $45.90 Various; Utility Equip $357.84 Inv; Walker Roofing $5,984.10 Serv; Washington State Support Regis $102.01 Ded; Weiss Ratings $979.75 Bks; Wellness Councils of America $76.80 Wellness Program; West Group $75.00 Su; Woods & Aitken $15.91 Serv; Woodside, M $76.03 Tr; Xerox $690.86 Various; Zimmerman $596.00 Su; Payroll Ending 07-12-2003 -- $269,268.46.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Receive recommendations of Planning Commission and set August 12, 2003 at 7:30 P.M. as date and time for hearing on those applications where applicable.

 

5.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the Agreement and Permit for Aeronautical Services between the City of Kearney/Kearney Municipal Airport Corporation and Buffalo Air Service and approve Resolution No. 2003-103.

 

RESOLUTION NO. 2003-103

 

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, on behalf of the City of Kearney, with Buffalo Air Service, LLC, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 22ND DAY OF JULY, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

6.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the T-Hangar Lease Agreement (“A” Series) between the City of Kearney/Kearney Municipal Airport Corporation and Darrel Albers for Hangar A-4 and approve Resolution No. 2003-104.

 

RESOLUTION NO. 2003-104

 

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 T-Hangar Lease Agreement, on behalf of the City of Kearney, with Darrel Albers, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 22ND DAY OF JULY, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

7.         Ratify the action taken by the Kearney Municipal Airport Corporation on authorizing the Mayor to execute the Certificate of Title in connection with the perimeter fencing project and approve Resolution No. 2003-105.

 

RESOLUTION NO. 2003-105

 

BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Mayor be and is hereby authorized and directed to execute the Certificate of Title for AIP Project No. 3-31-0045-12, on behalf of the City of Kearney, Nebraska, a copy marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 22ND DAY OF JULY, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

8.         Approve the Joint City of Kearney-Buffalo County Bookmobile Agreement providing for Bookmobile Library services to the citizens and schools of Buffalo County and approve Resolution No. 2003-106.

 

RESOLUTION NO. 2003-106

 

            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 Joint City of Kearney-Buffalo County Bookmobile Agreement between the City of Kearney and Buffalo County, Nebraska. A copy of the Agreement, marked Exhibit “A”, is attached hereto and made a part hereof by reference.

PASSED AND APPROVED THIS 22TH DAY OF JULY, 2003.

 

ATTEST:                                                                 PRESIDENT OF THE COUNCIL

                                                                              AND EX-OFFICIO MAYOR

CITY CLERK

 

9.         Approve the Joint City of Kearney-Buffalo County Cottonmill Park Agreement providing joint maintenance and operation of a recreation area and recreation facilities thereon for the benefit of the residents of Buffalo County, Nebraska and approve Resolution No. 2003-107.

 

RESOLUTION NO. 2003-107

 

            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 Joint City of Kearney-Buffalo County Cottonmill Park Agreement between the City of Kearney and Buffalo County, Nebraska.  A copy of the Agreement, marked Exhibit “A”, is attached hereto and made a part hereof by reference.

PASSED AND APPROVED THIS 22TH DAY OF JULY, 2003.

 

ATTEST:                                                                 PRESIDENT OF THE COUNCIL

                                                                              AND EX-OFFICIO MAYOR

CITY CLERK

 

10.        Approve the Joint City of Kearney-Buffalo County Prosecution Agreement providing for prosecutorial services of its present caseload by the County Attorney’s Office and approve Resolution No. 2003-108.

 

RESOLUTION NO. 2003-108

 

            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 Joint City of Kearney-Buffalo County Prosecution Agreement between the City of Kearney and Buffalo County, Nebraska.  A copy of the Agreement, marked as Exhibit “A” is attached hereto and made a part hereof by reference.

PASSED AND APPROVED THIS 22TH DAY OF JULY, 2003.

 

ATTEST:                                                                 PRESIDENT OF THE COUNCIL

                                                                              AND EX-OFFICIO MAYOR

CITY CLERK

 

11.        Approve the Application for a Special Designated License submitted by DOUGLAS J. HOOS, dba “Tubs Pub” in connection with their Class C/K282 liquor license to dispense beer, wine and distilled spirits in the Ag Pavilion at the Buffalo County Fairgrounds, 3087 Avenue N, on August 16, 2003 from 4:00 p.m. until 1:00 a.m. for a wedding reception and dance.

 

12.        Approve the Application for a Special Designated License submitted by DOUGLAS J. HOOS, dba “Tubs Pub” in connection with their Class C/K282 liquor license to dispense beer, wine and distilled spirits within an enclosed area outside Kearney Yamaha, 511 2nd Avenue, on August 23, 2003 from 3:00 p.m. until 1:00 a.m. for make-a-wish/motorcycle fund raiser.

 

13.        Approve the recommendation from the Mayor on the reappointment of Marlin Heiden and John Rademacher to serve on the Board of Adjustment.

 

14.        Approve Change Order No. 2 showing an increase in the amount of $29,335.43 as submitted by BD Construction and approved by Miller & Associates in connection with the Vehicle Storage Facility for the Utilities Department located at 1220 East 26th Street and approve Resolution No. 2003-109.

 

RESOLUTION NO. 2003-109

 

            WHEREAS, on January 28, 2003 the City Council approved the Plans and Specifications for the Vehicle Storage Building; and

            WHEREAS, on February 25, 2003 the City Council awarded the bid for the construction of the Vehicle Storage Building to BD Construction Inc. in the amount of $168,490.00; and

            WHEREAS, on June 10, 2003 the City Council approved Change Order No. 1 in the amount of $2,610.59 for additional insulation in the ceiling due to thicker ceiling supports and for an increase in the size of water system piping; and

            WHEREAS, it has been determined that it is necessary to increase the cost of the project in order to construct the break room, bathroom and office; and

            WHEREAS, the City's engineer, Miller & Associates, has filed with the City Clerk Change Order No. 2 showing an increase in the amount of $29,335.43, as shown on Exhibit “A” attached hereto and made a part hereof by reference:

 

Original Contract Price

$168,490.00

Change Order No. 1 (06-10-2003)

Change Order No. 2 (07-22-2003)

+    2,610.59

+  29,335.43

New Contract Price

$200,436.02

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as shown on Exhibit “A be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF JULY, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

15.        Approve Application and Certificate for Payment No. 6 in the amount of $37,707.73 as submitted by Midlands Contracting, Inc. and approved by Miller & Associates, for work associated with the 2002 Water System Improvements consisting of Water Connection District No. 2002-1 in Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence east to Airport Road, thence north to 39th Street; Water Connection District No. 2002-2 in Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a distance of 1,890 feet; Water Connection District No. 2002-3 in 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition, north a distance of 1,371 feet; Avenue F from 27th Street to 28th Street; 28th Street from Avenue E to Avenue F and approve Resolution No. 2003-110.

 

RESOLUTION NO. 2003-110

 

WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2002 Water System Improvements consisting of Water Connection District No. 2002-1 in Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence east to Airport Road, thence north to 39th Street; Water Connection District No. 2002-2 in Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a distance of 1,890 feet; Water Connection District No. 2002-3 in 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition, north a distance of 1,371 feet; Avenue F from 27th Street to 28th Street; 28th Street from Avenue E to Avenue F, and the City’s engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 6 in the amount of $37,707.73 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,129,012.50

Change Order No. 1 (10-22-2002)

Change Order No. 2 (03-11-2003)

+     62,330.00

+     20,770.00

Contract Sum to Date

 

Total Completed and Stored to Date

Retainage

Total Earned Less Retainage

Less Previous Payments

 

Current Payment Due

$1,212,112.50

 

$1,161,406.55

 2,322.81

1,159,083.74

  1,121,376.01

 

$     37,707.73

 

            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. 6, as shown on Exhibit “A”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF JULY, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

16.        Approve the Application for a Special Designated License submitted by CHICKEN BONES, L.L.C., dba “Chicken Coop Sports Bar & Grill” in connection with their Class I54354 liquor license to dispense beer and distilled spirits in the Exhibit Building and in a fenced-in area east of the Exhibit Building on August 23, 2003 from 12:00 p.m. until 1:00 a.m. for a music festival and barbeque subject to the City receiving the required Certificate of Insurance.

 

17.        Approve Change Order No. 1 for an increase in the amount of $1,610.00 as submitted by Walker Roofing and approved by Miller & Associates in connection with the Roof Replacement at the Maintenance Facility at the Wastewater Treatment Plant and approve Resolution No. 2003-111.

 

RESOLUTION NO. 2003-111

 

            WHEREAS, on January 14, 2003 the City Council approved the Plans and Specifications for the Roof Replacement at the Maintenance Facility at the Wastewater Treatment Plant; and

            WHEREAS, on February 25, 2003 the City Council awarded the bid for the Roof Replacement at the Maintenance Facility at the Wastewater Treatment Plant in the amount of $12,997.00; and

            WHEREAS, during the replacement project additional labor was required to remove severely water logged and decayed fiber insulating roof materials that it is necessary to increase the cost of the project; and

            WHEREAS, the City's engineer, Miller & Associates, has filed with the City Clerk Change Order No. 1 showing an increase in the amount of $1,610.00, as shown on Exhibit “A” attached hereto and made a part hereof by reference:

 

Original Contract Price

$12,997.00

Change Order No. 1 (07-22-2003)

+  1,610.00

New Contract Price

$14,607.00

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as shown on Exhibit “A be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF JULY, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

18.        Approve the request submitted by Colleen Parker on behalf of Little People’s World to extend Conditional Use Permit No. 1989-08 to locate at daycare facility at 1920 West 24th Street for a period of one year.

 

19.        Approve Change Order No. 1 for an increase in the amount of $543.00 as submitted by Midlands Contracting, Inc. and approve by Miller & Associates in connection with the 56th Street Box Culvert located west of Avenue I and approve Resolution No. 2003-112.

 

RESOLUTION NO. 2003-112

 

            WHEREAS, on March 25, 2003 the City Council awarded the bid for the construction of the 56th Street Box Culvert located west of Avenue I in the amount of $106,256.90; and

            WHEREAS, the City's engineer, Miller & Associates, has filed with the City Clerk Change Order No. 1 showing an increase in the amount of $543.00, as shown on Exhibit “A” attached hereto and made a part hereof by reference:

 

Original Contract Price

$106,256.90

Change Order No. 1 (07-22-2003)

+       543.00

New Contract Price

$106,799.90

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as shown on Exhibit “A be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF JULY, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

20.        Approve Change Order No. 1 for an increase in the amount of $690.00 as submitted by Simon Contractors and approved by Miller & Associates in connection with the 11th Street Pedestrian Bridge and approve Resolution No. 2003-113.

 

RESOLUTION NO. 2003-113

 

            WHEREAS, on February 25, 2003 the City Council awarded the bid for the construction of the 11th Street Pedestrian Bridge in the amount of $53,769.00; and

            WHEREAS, the City's engineer, Miller & Associates, has filed with the City Clerk Change Order No. 1 showing an increase in the amount of $690.00, as shown on Exhibit “A” attached hereto and made a part hereof by reference:

 

Original Contract Price

$53,769.00

Change Order No. 1 (07-22-2003)

+       690.00

New Contract Price

$54,459.00

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as shown on Exhibit “A be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF JULY, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

21.        Ratify the action taken by the Kearney Municipal Airport Corporation on approving the T-Hangar Lease Agreement (“B” Series) between the City of Kearney/ Kearney Municipal Airport Corporation and Max Siegel for Hangar B-5 and approve Resolution No. 2003-114.

 

RESOLUTION NO. 2003-114

 

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 T-Hangar Lease Agreement, on behalf of the City of Kearney, with Max Siegel, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 22ND DAY OF JULY, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 6975 – VACATE PORTION OF 14TH STREET

 

Back in the early 1980’s, the City vacated portions of street rights-of-way in the southeast part of Kearney in order to have consistent right-of-way widths. The City had vacated the south seven feet of 14th Street as it abuts the east 130 feet of Lot 1622. Kent Barney from Barney Abstract & Title was searching this property and found that the length of this lot was 140 feet. It is believed that the City thought an alley existed and therefore did not vacate the entire length. In searching the records, it was determined that there was no alley and that the City needs to vacate this small portion of right-of-way in order to clear the record.

 

Council Member Kearney introduced Ordinance No. 6975, being Subsection 1 of Agenda Item V to vacate the south seven feet of 14th Street as it abuts the west ten feet of Lot 1622, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, 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 Clouse 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: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. 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. 6975 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Hadley that Ordinance No. 6975 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6975 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 6976 – AMEND SECTION 8-1902 OF THE KEARNEY CITY CODE

 

Police Chief Dan Lynch presented this matter to the Council. The Council and Planning Commission have recently approved a temporary facility for the use of “Paintball Marker Devices” near 11th Street and Avenue M, in association with “Warped Sports”. This facility will be used to practice and conduct competitive “paintball marker” competitions. The use of these devices has been previously prohibited within the City limits.

 

As the facility has been approved, it is necessary to allow the use of these types of devices within the City. It is important to restrict and limit the approved usage as these devices can cause damage, injury and create problems if used inappropriately or if used in an environment not specifically designed for that purpose. As such, an exception to the original ordinance allowing these to be used in a City approved and licensed facility and within the confines of that facility has been created.

 

As these devices and their use can pose a danger to people and property the Council must be very aware and in the department’s opinion, cautious in creating the exception and allowable use. If done without sufficient restriction and control, the potential for liability on the part of the City does exist. Should the Council find that the facility is not functioning as planned or intended, it would, of course, have the authority to rescind this ordinance and revoke the ability to use these types of devices.

 

Financial considerations speak to the liability issues for the City in both enacting this ordinance and the enforcement of this ordinance. Diligence in supervision of the facility, or a failure to supervise participants could also result in liability concerns for the operators and employees of Warped Sportz.

 

Council Member Hadley introduced Ordinance No. 6976, being Subsection 1 of Agenda Item VI to amend Section 8-1902 “Discharge of Air Guns, etc.” of Article 19 “Offenses Against Public Health and Safety” of Chapter 8 “Police” to allow for the discharge of paintball markers within the confines of a City approved facility, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. 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. 6976 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None.  Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Blankenship that Ordinance No. 6976 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6976 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. 6977 – REISSUE OF GREAT PLATTE RIVER ROAD ARCHWAY MONUMENT BONDS

 

The preamble recitals (the “Whereas” paragraphs) of Ordinance No. 6977 to authorize issuance of the Series 2003 Bonds contain a complete and concise historical review of the issuance of the bonds and the reasons for the request to reissue, and I will, therefore, not restate the history of the bond issues. I have attached a copy of the Memorandum written February 25, 2003, a copy of Resolution No. 2003-32, which ratified and approved the settlement agreement executed on the 3rd day of February, 2003 by and between Wells Minnesota, Wells Nebraska and together with Wells Minnesota, the “Co-Trustees” and the Great Platte River Road Memorial Foundation. A copy of the Minutes of that meeting is also attached. On May 16, 2003, the District Court of Hennepin County, Minnesota issued a final Order instructing the Trustees to perform under the settlement.

 

In order to carry out the Settlement Order of the Court, the Foundation and the Trustee on behalf of the bondholders have requested that the City issue and deliver the Series 2003 Bonds in exchange for the Series 1998 Bonds originally issued, and enter into the related “First Supplemental Indenture of Capital Trust, First Amendment to Loan Agreement and First Amendment to Mortgage and Security Agreement”. The purpose of these agreements is to allow the City of Kearney to issue the new Series 2003 Bonds under the same Industrial Development Bond sections, and in particular R.R.S. Section 13-1106, under which the original 1998 bonds were issued, and to then exchange the new 2003 series for the 1998 bonds. The practical effect of this transaction is to reduce the bonded indebtedness from approximately $59,000,000.00 to approximately $22,000,000.00. The Ordinance authorizes the Mayor and Clerk to execute the Agreements.

 

The critical focus of the City Attorney’s considerations is to ensure that the City does not incur any new or additional pecuniary liability or responsibility for the 2003 Series issue of Bonds by virtue of having engaged in the exchange process. The Council will remember that the IDB Bonds were issued under the provisions of Sections 13-1101 et. seq., and that the provisions of those Sections clearly state that the bonds are limited obligations which “shall not constitute nor give rise to a pecuniary liability of the municipality or a charge against its general credit or taxing powers,” and “that such limitations shall be plainly stated upon the face of each of the bonds”. A copy of the appropriate Nebraska Statute Sections is attached as well. These bonds will carry the same “limited obligation” statements as set forth in the Ordinance.

 

According to Section 13-1104 and all the documents that will be issued with regard to these Series 2003 IDB Bonds, the City does not and will not incur any pecuniary liability or any charge upon its general credit or against its taxing powers. The Settlement Agreement reduces the outstanding debt load obligated to be paid by the Foundation however, and negates possible foreclosure on the project. Because the City does not incur any new or additional pecuniary liability or responsibility by approving the issue of the Series 2003 Bonds, and because it does benefit the Foundation in attempting to keep the Arch operating, it is the conclusion of the Administration that it is in the best interests of the City to pass and approve Ordinance No. 6977.

 

Ron Tillery, Director of the Foundation Board, prefaced Mr. Christensen’s presentation. He stated that this meeting is the culmination of many months of work. There have been extraordinary efforts by a number of people, the attorney’s included. He commended the Archway staff for working through very difficult times over the past several months as they have been restructuring both financially and operationally. He thanked the two outgoing board members on the Archway Foundation Board who are John Mitchell and Senator Jim Exon. Both of these people have spent years and many hours of their faithful effort to make this project work. They are expanding and welcoming to the Board Carol Cope, David Oldfather, Gene Koepke, Brad Kernick, and Gary Roubicek. These new members join Frank Morrison, Ron Larson, and himself as continuing Board members. They are looking forward to a very bright future with the ratification of the new finance package. He stated that they are optimistic that the Archway will eventually fulfill its promise. They are proud of where they are now and what is in store for the future. 

 

Curtis Christensen from Kutak Rock stated that he served as bond counsel on the original transaction in 1998. The Archway has had and still has some difficulties; but in approving this proposal, it will take the Archway a long way toward resolving those difficulties. Approval will cut the Archway’s debt by two-thirds from $16 million to $22 million pursuant to an agreement reached between the bondholders through the co-trustees, Wells Fargo and the Great Platte River Road Memorial Foundation. Ordinance No. 6977 implements that agreement. The method of implementing it is to exchange new bonds for the bonds that were originally issued in 1998. Pursuant to that there have been a supplemental agreement, indenture, and mortgage. All of these supplement the original 1998 documents but contain the provisions necessary to implement the new bond structure. The new structure consists of two series of bonds, $20,000,000 series and a $2,000,000 series. The $20,000,000 series has zero percent interest and the $2,000,000 series has eight percent interest and both have a maturity of 2012. He stated that it is obviously a great compromise on the part of the bondholders. These bondholders are giving up two-thirds of their principle against the new expectation based on the negotiations with the Foundation and the additional research that they have done that the Archway will support the new bonds.   

 

In answer to the request from Council Member Kearney about the assurance that the City is in no way liable under the terms of this agreement, Mr. Christensen stated that under Nebraska Statute 13-1103(a), the City of Kearney acting in this capacity, cannot incur any pecuniary liability and this must be stated on the face of the bond and other pertinent documentation. This was the agreement in 1998 and remains the agreement in 2003. 

 

Phil Kozera has been with the organization for some time and has recently been promoted to Executive Director of the Archway. Mr. Kozera stated they are certainly excited about the Archway and believed that they have a bright future. He said that they look at the comments that the visitors to the Archway and to this area make. He believes that the Archway makes a great first impression to the State of Nebraska in which we can all take pride.   

 

Council Member Blankenship introduced Ordinance No. 6977, being Subsection 2 of Agenda Item VI to authorize the issuance of $22,000,000 of City of Kearney, Nebraska Industrial Development Revenue Bonds (the Great Platte River Road Memorial Foundation Project) Series 2003A and Series 2003B in exchange for the City’s outstanding $59,780,068.50 original principal amount of Industrial Development Revenue Bonds (the Great Platte River Road Memorial Foundation Project) Series 1998 for the purpose of restructuring the indebtedness evidenced by such Series 1998 Bonds, 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 Kearney 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: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. 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. 6977 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None.  Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Clouse that Ordinance No. 6977 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6977 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.

 

KEARNEY PUBLIC LIBRARY – ARCHITECTURAL SERVICES

 

Mayor Blankenship opened for discussion the Agreement between the City of Kearney and Wilkins Hinrichs Stober Architects to provide architectural services for the Kearney Public Library and Information Center and to consider Resolution No. 2003-115.

 

Library Director Jeanne Saathoff stated in 2001 the community perceived a need for expanded space and contracted with a library consultant for a professional Needs Assessment. There are twenty-two items in that outline and they have completed three of those goals.  First was the assessment, a preliminary report describing the improvements needed and an estimate of requirements. Second, was to provide a building program that described in detail the function of each area of the building from a service perspective. Third, was to finish the architectural qualification services.

 

Based on the results of that assessment and community forums, the library proceeded to the Building Program with the approval of the City and the financial assistance of the Kearney Public Library Foundation. At the completion of this phase, the Foundation again provided funding for selection of the architectural firm. Twelve firms presented submittals and four were interviewed. The Wilkins Hinrichs & Stober Architects L.L C. firm was selected for the project.

 

At this point in time, the Kearney Public Library Advisory Board believes that it is important to continue to move to the next step recommended by the consultant.  This step may include preparation of a preliminary site plan, schematic plan, design concept, joint use facility and an estimate of probable costs. Once the contract is ratified, the Kearney Public Library Foundation Board proposes to fund the Pre-funding architectural planning phase. There are no funds in the Library budget for these services.

 

Ms. Saathoff stated the architectural plan will include the schematic planning, the design concept, and the fun part of getting the community involved in what they want their library to look like in the future. The contract approval is required in order to move forward with the pre-funding architectural planning. There will be a meeting on the July 23rd with the Wilkins firm and they will bring in their consultant that is working with them. George Lawson, the City consultant, will also be there. At that meeting, they will begin identifying the roles each will have. There are not set times for public meetings at this time. This time they will be looking for people to come in and work with the people that we bring in from the different firms. She believed this would help to do the schematics right as they move through the process.

 

Council Member Kearney said he has received “good vibes” from the public regarding the library.  What he has been hearing is people want to find a way to afford this project expansion.

 

Mayor Blankenship stated that the Library is 25 years old, even though people often refer to it as our new Library. It was designed to deliver a 25-year service and it has done that very well. He stated that due to technology, it is time to take a look at how better to serve this City. He is very excited about this project and believes very comfortable with Mr. Lawson and the Library Board. He also commented that the Library is a hub of activity and always busy.

 

Council Member Buschkoetter agreed that it is a popular project and that it is time to look at changes. The present Library will have to do for a few more years until they get all the pieces in place. Libraries have really changed over the last 25 years and he believes that the community realizes that change is needed.

 

Moved by Clouse seconded by Hadley to approve the Agreement between the City of Kearney and Wilkins Hinrichs Stober Architects to provide architectural services for the Kearney Public Library and Information Center and approve Resolution No. 2003-115. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2003-115

 

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, on behalf of the City of Kearney, with Wilkins Hinrichs Stober Architects, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 22ND DAY OF JULY, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

PHASE III OF HIKE-BIKE TRAIL; PLANS AND SPECIFICATIONS

 

Mayor Blankenship opened for discussion the Plans and Specifications for the Cottonmill to Fort Kearney Phase III Hike-Bike Trail and set the bid opening date for August 18, 2003 at 2:00 p.m.

 

Park Superintendent Alan Roesler and Paul Brungardt from Kirkham Michael Associates presented this matter to the Council. The third phase of the hike bike trail is ready to go out for bid. The trail in general terms will connect to the existing phase II trail with the exception of the last block that goes to Talmadge in the vicinity of Gary’s I-80.   Instead of taking that block, the trail will branch off at that point to go under the pair of Highway 44 bridges, comes up on the State highway right-of-way, go down to Talmadge on that side of Highway 44 and then behind the NPPD substation and picks up the Archway Parkway on the existing City right-of-way. From there it proceeds for a mile east to Avenue M, and then goes north following the curve, which takes you to the site known as the “tree dump” because of the trees that were there from the 1993 storm. This site is identified as a future park on the comprehensive plan. Following across that, it connects up to the Archway property at the actual Archway. If there is enough money for this project, a historic bridge will be restored in order to cross the sandpit and connect up with the Archway attraction.

 

Funds for the roadway enhancement and trail were derived from a State Department of Highways Grant from Federal ISTEA Funds. The original grant was secured by the Archway Foundation with the City providing the match.  State $750,000, City $187,400, total: $294,744. Actual construction funds for the trail are $506,732.

 

Paul Brungardt of Kirkham Michael stated that the total length of this project is approximately three miles. This project consists of an 8-foot wide trail. The base bid is for concrete off street with a few alternates just to see if the cost can be brought down a little. There has been a lot of activity in the past few years and they are anxious to get this project completed. This is a good alternative to an at-grade crossing across the highway. This keeps the vehicle traffic and pedestrian traffic isolated from each other. After the main spine of the trail is constructed, the bridge site will be an excellent place for a pedestrian bridge going north that will connect to that many more hotels and restaurants in that vicinity.

 

This phase does not complete the Cottonmill to Fort Kearny Trail. There will be a remaining phase IV and a potential for a phase V to make that connection. If the State is interested in possibly paving their existing trail all the way out to the recreation and campground area, this is where the phase V might come into play.  The trail was designed to go all the way to Cherry Avenue, but there may not be funds to get there. The intent to apply for phase IV has been submitted and the selection committee meets in September to determine the award.  Mr. Roesler stated that he believes the City should have really good chances in that meeting because Cottonmill to Fort Kearney was the original plan. Phase III did not actually come from the competitive side of the grant, but was money obtained by the Archway Foundation who obtained it for the City.  Some part of it has gone to enhancement for the roadway, but the bulk of it is going to this trail project. 

 

Mr. Roesler stated that a firm completion date has not been set. Trying to set a date fairly soon would mean the contractor has to write a dollar amount for liquidated damages into his proposal. Money is very tight on this project and so they believe that the completion date should be somewhat open ended with the intent that the contractor will want to get it done so that they can get paid.  

 

Moved by Hadley seconded by Buschkoetter to approve the Plans and Specifications for the Cottonmill to Fort Kearney Phase III Hike-Bike Trail and set the bid opening date for August 18, 2003 at 2:00 p.m. Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.

 

OPEN ACCOUNT CLAIMS --      NEBRASKA PUBLIC POWER DISTRICT -- $2,824.25

 

Moved by Blankenship seconded by Kearney that Open Account Claims in the amount of $2,824.25 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None. Clouse abstained. Motion carried.

 

VII.    REPORTS

 

JOINT CITY/COUNTY BUDGET MEETING

 

City Manager Allen Johnson reminded the Council of the Joint City/County Budget Meeting scheduled for Thursday, July 24, 2003 at 12:00 noon at the Kearney Public Library and Information Center.

 

VIII.    ADJOURN

 

Moved by Kearney seconded by Clouse that Council adjourn at 8:42 p.m. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.

 

 

                                                                        BRUCE L. BLANKENSHIP

                                                                        PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

ATTEST:

 

 

MICHAELLE E. TREMBLY

CITY CLERK