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