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Kearney, Nebraska

December 23, 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 December 23, 2003 in the Council Chambers at City Hall. This meeting adjourned at 7:37 p.m. A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:38 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: Jim Tacha, Ken Gardner, Pam Gardner, John Bancroft, Mike Martinosky, Ken Tracy, George Volz, Adam Daake, John Daake, Jerry Thompson, Emmett Maul, Terry Eirich, Trent Snow, Victor Karg, Brian Johnson, Scott Porter, Rocky Bailey, Mike Cool, Marty Albrecht, Terry Hibberd, Mike Konz from Kearney Hub, and Paul Wice 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

 

POSTING OF THE COLORS

 

Members of the Kearney Volunteer Fire Department posted the colors.

 

INVOCATION

 

Since there was no representation from the Kearney Ministerial Association, the Council held a moment of silence.

 

PLEDGE OF ALLEGIANCE

 

Boy Scout Eric Murrish led the Council members and audience in the Pledge of Allegiance.

 

RECOGNITION – KEN GARDNER AND TRENT SNOW

 

Mayor Blankenship and Council Members recognized Ken Gardner for 20 years of service with the Kearney Volunteer Fire Department. He was presented a watch and a Resolution of Commendation.

 

Mayor Blankenship and Council Members recognized Trent Snow for 5 years of service with the Kearney Volunteer Fire Department. He was presented a Service Award by the Fire Department.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

BOARD OF EQUALIZATION – 2003 PART I IMPROVEMENTS

 

Mayor Blankenship opened the public hearing for the Council to meet as a Board of Equalization to assess costs for the 2003 Part I Improvements consisting of Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to 30th Avenue and to consider Resolution No. 2003-213.

 

Council member Clouse abstained from discussion and voting on this matter for the reason he is employed by NPPD which is being assessed.

 

After completion of the construction projects, the City hired a title company to complete property abstracts so that assessments could be levied.  At the December 9th Council meeting, the Council set the time and place to meet as the Board of Equalization.

 

This district has been completed and, in order to satisfy state law, when paving, water and sewer districts are completed, the City Council must act as a Board of Equalization to levy assessments on properties so benefited. The City Council is asked to sit as a Board of Equalization to levy the assessments.  Property owners will then be required to pay the first installment within 50 days (February 11, 2004) or will be able to pay the entire assessment without any interest prior to this date.  The City of Kearney has already issued warrants to pay for the construction work.

 

In order to satisfy state law, when paving, water and sewer districts are completed, the City Council must act as a Board of Equalization to levy assessments on properties so benefited. The City will recoup the costs associated with the construction of paving and improving the streets within said Paving District, except the cost of paving and improving the intersections of streets or avenues and spaces opposite alleys in said Paving District.

 

Victor Karg, 7450 West 37th Street, voiced his objection to the assessment.

 

Moved by Blankenship seconded by Kearney to close the hearing as the Council meeting as a Board of Equalization, to assess costs for the 2003 Part I Improvements consisting of Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to 30th Avenue and to approve Resolution No. 2003-213. Roll call resulted as follows: Aye: Blankenship, Hadley, Kearney, Buschkoetter. Nay: None. Clouse abstained. Motion carried.

 

RESOLUTION NO. 2003-213

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA:

            Section 1.  The President and Council find and determine that the streets in Paving Improvement District No. 2002-868 has been improved by paving, curbing and guttering and incidental work, that none of the properties listed, which list is marked Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said improvements and the total amount of said special assessments does not exceed the costs of said improvements exclusive of the cost of the intersections and areas formed by the crossing of streets, avenues and alleys as heretofore determined by the Mayor and City Council.

            Section 2.  Notice of the time and purpose of hearing on special assessments for equalizing said special assessments has been published as provided by law in the Kearney Hub, and a copy of said notice mailed by certified mail to each party known to have a direct legal interest therein.

            Section 3.  That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground.  Said assessments for Paving Improvement District No. 2002-868 shall become delinquent as follows:

            1/10th fifty days after date of this Resolution

            1/10th one year after date of this Resolution

            1/10th two years after date of this Resolution

            1/10th three years after date of this Resolution

            1/10th four years after date of this Resolution

            1/10th five years after date of this Resolution

            1/10th six years after date of this Resolution

            1/10th seven years after date of this Resolution

            1/10th eight years after date of this Resolution

            1/10th nine years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of six per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

            PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

PLATTE VALLEY BREWERY – CLASS ‘C’ LIQUOR LICENSE

 

Mayor Blankenship opened the public hearing on the Application for a Class “C” (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License submitted by ADAM DAAKE, dba “Platte Valley Brewery” located at 14 East Railroad Street and to consider Resolution No. 2003-214.  Administration recommends approval subject to (1) compliance with the conditions set forth in the Nebraska Fire Marshal’s review letter, and (2) the final Certificate of Occupancy being issued by the Building and Zoning Division.

 

On July 24, 2001, the Council recommended to the Nebraska Liquor Control Commission to approve the Class “L” (Craft Brewery [Brew Pub]) liquor license located at 14 East Railroad Street. According to the Police Department, Mr. Daake has not had any liquor violations. Mr. Daake wishes to also have a Class “C” (Beer, Wine and Distilled Spirits – On and Off Sale) liquor license, along with his Class “L” license.  Attached is the liquor application with supporting documents. Additionally, the Kearney Police Department’s investigation of the applicant has been completed and no problems were found.

 

According to Section 53-132(2) of the Nebraska Revised Statutes states:  A retail license or bottle club license shall be issued to any qualified applicant if it is found by the commission that: (a) the applicant is fit, willing, and able to properly provide the service proposed within the city, village, or county where the premises described in the application are located; (b) the applicant can conform to all provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act; (c) the applicant has demonstrated that the type of management and control exercised over the licensed premises will be sufficient to insure that the licensed business can conform to all provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act; and (d) the issuance of the license is or will be required by the present or future public convenience and necessity.

 

It appears that all of the paperwork is in order and that the Council should go through with the public hearing concerning the liquor license application.  The Council should be reminded that the applicant has the burden of proof that the liquor license meets the four criteria listed above for granting/denying liquor license applications.

 

Also on the agenda is the application by Mr. Daake to expand his current premises. This application also includes the expanded area. The applicant has been working with the Fire Department and the Building and Zoning Division to make certain that the addition complied with fire and building codes. A final inspection has not been requested by Mr. Daake in order to insure compliance with life safety code requirements.

 

Adam Daake presented this matter to the Council. He stated he understood the conditions and did not have a problem with them.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the Application for a Class “C” (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License submitted by ADAM DAAKE, dba “Platte Valley Brewery” located at 14 East Railroad Street and approve Resolution No. 2003-214 subject to (1) compliance with the conditions set forth in the Nebraska Fire Marshal’s review letter, and (2) the final Certificate of Occupancy being issued by the City of Kearney Building and Zoning Division. Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.

 

RESOLUTION NO. 2003-214

 

            WHEREAS, ADAM DAAKE, dba “Platte Valley Brewery” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘C’ (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License to do business at 14 East Railroad Street, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, a hearing was held relating to said application on December 23, 2003.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘C’ (Beer, Wine, and Distilled Spirits – On and Off Sale) Liquor License to ADAM DAAKE, dba “Platte Valley Brewery” located at 14 East Railroad Street, Kearney, Nebraska subject to (1) compliance with the conditions set forth in the Nebraska Fire Marshal’s review letter, and (2) the final Certificate of Occupancy being issued by the City of Kearney Building and Zoning Division.

            BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the Council action favoring the issuance of said license in the Minute Record of the proceedings of the Council.

            PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

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

 

1.         Approve Minutes of Regular Meeting held December 9, 2003.

 

2.         Approve the following Claims:  Ace Hardware $164.56 Various; Advisors Market Group $362.60 Su; Agent Fee $20.00 Tr; Alexander Hamilton Inst $150.76 Su; Alliance Medical $483.78 Su; Allied Electric $724.56 Various; Alltel $2,009.92 Various; Amazon.Com $112.87 Bks; Amer Assoc of Airport Exec $225.00 Dues; Amer Business Solutions $249.00 Serv; Amer Electric $1,002.27 Various; American Power $405.20 Rep; Amoco $34.00 Tr; AMS $761.56 Rep; Antelope Newspaper $103.50 Serv; Arctic Refrigerator $195.68 Su; Arsenal $420.00 Su; Audio Intelligence Devices $475.00 Rep; Baker & Taylor $1,756.32 Bks; Barney Abstract $390.00 Serv; Barney Insurance $85.00 Ins; BBC Audiobooks $176.13 Bks; BD Construction $19,116.00 Serv; Beerbohm, G $125.00 Serv; Bennett, T $1,369.50 Serv; Best Access Systems $19.34 Inv; Big Flag Farm Supplies $2,324.54 Various; BlueCross BlueShield $57,141.97 Claims; Bob's Super Store $1,157.52 Various; Books on Tape $225.20 Bks; Bosselman Oil $24,714.27 Various; Bowmonk Limited $345.00 Rep; Broadfoot Sand $3,696.00 Su; Bucher, W $894.87 Equip; Buffalo Co District Court $70.00 Ded; Buffalo Co Reg. Of Deeds $67.00 Serv; Buffalo Co Sheriff $87,500.00 Serv; Builders $2,152.31 Various; BWA $255.00 Tr; Cart Parts $521.80 Su; Cash Wa $156.15 Various; CDSI $2,174.06 Claims; CDW $101.34 Su; Central City Scale $3,006.75 Equip; Central Fire $22.20 Rep; Central Hydraulic $358.37 Various; Central NE Bobcat $246.18 Various; Chamberlain Group $32.66 Rep; Charter Paging $21.92 Serv; Chemsearch $338.80 Su; Christensen, D $307.50 Serv; City of Kearney $50,359.74 Various; Clark Enersen Partners $356.42 Serv; CLH $309.00 Serv; Coen, A $9.80 Ref; Cold Spring Granite $324.00 Su; College Savings Plan of NE $295.00 Ded; Compass Group $340.00 V/W; Computer Hardware $79.00 Su; Construction Rental $52.80 Su; Control Masters $902.17 Rep; Copycat Printing $47.39 Su; Courtyard by Marriott $236.97 Tr; Crary Publications $35.31 Bks; Crocker Monogramming $92.00 Cla; Crossroads Ford $281.44 Inv; Cryotech $1,108.00 Rep; Culligan $186.31 Various; Cummins $98.15 Rep; Dave Waggoner Plbg $350.00 Serv; Davidson's Jewelry $404.85 Incentives; Dawson Co PPD $1,302.26 Serv; Dell $1,760.00 Various; Demco $329.11 Su; Depository Trust $56,160.00 Int; Development Council $7,271.84 Serv; Diamond Vogel Paints $8.14 Inv; Ditch Witch $72.34 Inv; Diverse Media $134.88 Bks; Don's Pioneer Uniforms $173.45 Cla; Dreyer, D $126.03 Pstg; Dugan Business Forms $3,379.09 Various; Dutton-Lainson $441.61 Inv; Eakes $598.78 Various; Earl May $9.99 Su; Ecolab $26.00 Su; EDM Equipment $2,234.05 Various; Eileen's $34.70 Su; Elder, J $34.54 Ref; Elliott Equipment $292.21 Inv; Engels Glass Design $60.00 Su; Envirotech Services $2,899.93 Su; Expression Wear $3,191.11 Cla; Fairbanks Int'l $492.05 Various; Family Fun Magazine $10.00 Su; Farmers Union $360.36 Various; Fastenal $403.59 Inv; Fedex $66.42 Serv; Fiddelke Htg $52.86 Rep; Fiorella's $27.36 Tr; Ford Credit Dept $6,087.38 Serv; Foster, J $0.57 Ref; Freburg, N $184.62 Ded; Fremont Nat'l Bank $35,902.63 Ded; Frontierair $7,986.57 Various; Gale Group $180.79 Bks; Galls $188.83 Various; Gary's I-80 $265.00 Serv; Gear for Sports $135.69 Cla; General Traffic Controls $5,929.30 Serv; Gneil $113.62 Serv; Gordon's $39.45 Various; Gotomypc Services $246.22 Bks; Graham Tire $1,657.11 Various; Grainger $180.33 Various; Great Events $207.96 Su; Great Lakes $833.00 Tr; Great Plains $260.64 Serv; Greni, N $23.03 Ref; Grimes, S $106.50 Reim; Guacomole Grille $16.90 Tr; Guill, R $26.94 Ref; H&G Cleaners $264.67 Serv; H & H Distributors $134.90 Su; H.T.E. $150.00 Dues; Hastings $12.80 Bks; High Leah Electric $271.00 Inv; Holiday Inn Omaha $523.85 Tr; Holmes Plbg $621.34 Various; Hometown Leasing $206.00 Serv; Hornady $102.96 Su; Hyatt Hotels $994.32 Tr; ICMA RC $2,530.26 Ded; Image Watches $304.50 Su; IntelliCom $215.00 Tr; IRS $79,760.20 Ded; Interstate Batteries $57.97 Su; Interstate Structures $58,270.50 Serv; Int'l Assc of Fire Chiefs $170.00 Dues; Int'l Code Council $67.00 Tr; Int'l Soc Of Fire Svc Instr $75.00 Dues; ISDN $14.95 Serv; ITT Sanitare $141.74 Rep; Jack Lederman Co $38.13 Rep; Johnson, A $17.85 Pstg; JR's Western $414.74 Cla; Junction $18.00 Tr; K&K Auto Parts $695.23 Various; Ky Area Chamber of Commerce $118,977.37 Taxes; Ky Area Solid Waste Agency $47,940.53 Tipping Fees; Ky Clinic $35.00 Serv; Ky Concrete $5,953.48 Various; Ky Crete $971.68 Rep; Ky Hub $2,151.59 Various; Ky Implement $1,154.68 Various; Ky Whse $1,209.55 Inv; Ky Winlectric $4,064.46 Various; Kelly Supplies $234.30 Su; Killion Motors $697.53 Various; Kirkham Michael $8,028.05 Serv; Koen Book Dist $1,067.32 Bks; Kuenning, L $5.92 Ref; Kwik Stop $5.96 Su; L & W $450.84 Inv; Lammers, C $7.35 Ref; Lamp, R $3,637.00 Serv; Laser Art $797.65 Su; Laughlin, K $360.00 Ded; Law Enforcement Acc $894.50 Equip; Lawson Products $160.22 Inv; Limbach, D $50.00 Reim; Linweld $278.14 Various; Lockmobile $44.25 Serv; Machines & Media $249.00 Su; Madison, B $6.61 Ref; Magic Cleaning $600.00 Serv; Marlatt Machine Shop $308.69 Rep; Marshall Cavendish $861.70 Bks; Marwest Access Controls $34.75 Su; Matthew Bender & Co $194.70 Su; McCollister & Co $2,064.48 Inv; McLaughlin, P $96.00 Tr; MES Snyder $824.11 Rep; MGS Tech $30.95 Serv; Micro Mkt $92.75 Bks; Mid America Pump $10,100.67 Rep; Midlands Contracting $1,906.80 Rep; Midtown Communications $144.00 Serv; Midwest Turf $223.36 Various; Millard Closeouts $65.00 Inv; Miller & Associates $41,779.68 Various; Miller Signs $135.00 Various; Miracle Rec Equipment $492.00 Su; Misko Sports $100.50 Su; Moonlight Embroidery $153.00 Incentives; Mr. Automotive $1,558.12 Various; Municipal Supplies $509.95 Inv; Murphy Tractor $557.58 Inv; NAPA $2,753.30 Various; Nat'l College of Dist Attorneys $60.00 Su; Nat'l Paper Supply $120.18 Su; NWWA $5,156.40 Meter Replacement; NCS $119.86 Rep; NDEQ $900.00 Certificate; NE Child Support $978.49 Ded; NE Dept of Env Quality $342,869.58 Princ, Int; NE Fire Admin Asst $10.00 Dues; NE State Board of Landscape Architects $100.00 Renewal; NE State Fire Marshal $240.00 Rep; NE Library Assoc $75.00 Tr; NE Machinery $66.76 Inv; NE Peterbilt $512.75 Inv; NE Truck Center $837.74 Various; NEland Distributor $288.00 Su; New World Systems $33,840.00 Serv; Newegg $97.99 Equip; Nogg Chemical $374.61 Inv; Northwest Electric $917.50 Various; Northwestern $6,227.58 Serv; NOWA $70.00 Dues; Ocean Systems $2,476.00 Su; Office Depot $2,941.34 Various; Office Max $589.39 Various; Office Net $1,035.72 Various; Olsen, C $40.23 Rep; O'Reilly $250.43 Inv; Orscheln  $121.84 Various; Overhead Door $66.00 Su; Owen, K $358.40 Serv; Paramount Linen $57.25 Various; Paul Otto Curb Grinding $63.00 Serv; Peterson, R $125.00 Reim; Petro of York $3.73 Su; Platte Valley Communications $9,190.30 Serv; Poole, M $50.00 Serv; Postmaster $68.00 Pstg; Potts, J $42.23 Ref; Precision Small Engine $400.71 Su; Presto X $266.00 Serv; Pump & Pantry $43.05 Tr; Purchase Power $35.00 Su; Quill $388.46 Su; Quinlan $300.90 Dues, Bks; Radio Shack $159.95 Various; Ramada Inns $264.09 Tr; Ready Mixed Concrete $3,348.75 Serv; Reams Sprinkler Supply $111.16 Rep; Recorded Books $341.40 Bks; Regional Books $35.09 Bks; Reserve Acct $8,000.00 Pstg; Resource Mgt $2,393.10 Tire Disposal; Riverside Animal Hospital $1,360.50 Serv; RMECOM 3M $8.24 Serv; Sahling Kenworth $177.14 Inv; School Dist #7 $2,984.00 Fees; Sears Dealer $143.99 Tools; S-F Analytical Lab $475.00 Serv; Shell Oil $19.54 Tr; Sherwin Williams $93.99 Rep; Shirt Shack $1,523.59 Cla; Siemens $1,968.22 Rep; Simmons Gun Specialties $174.75 Equip; Solid Waste Agency Landfill $52.65 Serv; Solid Waste Equipment $10,908.00 Serv; Specialized Products $327.00 Rep; Spencer, J $12.74 Ref; Sportable Scoreboards $1,040.00 Equip; Sportime $299.34 Su; Sprint $105.70 Serv; St of NE Dept of Aeronautics $1,470.00 Various; St of NE Fire Marshal $360.00 Various; St of NE HHSR&L $150.00 Tr; Story, G $10.00 License; Sun Turf $153.34 Inv; Superior Signals $1,011.80 Inv; T&B Cleaning $1,500.00 Serv; Tailor Bill's Custom Embroidery $114.90 Rep; Target $139.17 Various; Teaching $10.00 Bks; TGI Friday's $22.93 Tr; Tollefsen Elliott $109.80 Various; Toolfetch $382.53 Su; Tractor Supply $461.01 Various; Travelocity.Com $49.95 Tr; Tri-City Arena $10.00 Serv; Tri-City Outdoor Power $78.19 Su; Twin Data $137.00 Equip; U Save Foods $12.54 Su; U Stop $34.41 Tr; UAP Pueblo $1,032.40 Su; Underground Construction $350.00 Rep; UPS $16.35 Various; USPS $409.09 Various; Utility Equipment $141.29 Inv; Van Diest Supplies $5,488.50 Rep; Vermont Systems $932.00 Serv; Viking Office Products $196.16 Rep; Village Cleaners $313.87 Various; Visco $455.89 Inv; Waldenbooks $24.89 Bks; Walmart $1,239.36 Various; Wang, S $40.00 Ref; Washington State Support $102.01 Ded; We Care Tree Care $65.00 Serv; West Group $1,025.00 Su; Westfall $195.43 Inv; Wilke Donovans $165.76 Various; Woods & Aitken $8.63 Serv; WW Grainger $103.95 Inv; Wyndham Hotels $661.65 Tr; Yellow Books USA $77.64 Ref; Zimmerman Printers $733.00 V/W; Payroll Ending 12/13/2003 -- $241,688.27.

 

3.         Receive recommendations of Planning Commission and set January 13, 2004 at 7:30 P.M. as date and time for hearing on those applications where applicable.

 

4.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the Agricultural Lease Agreement between the Kearney Municipal Airport Corporation and Robert Bendfeldt and approve Resolution No. 2003-215.

 

RESOLUTION NO. 2003-215

 

            BE IT RESOLVED by the Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute Agriculture Lease, on behalf of the City of Kearney, with Robert Bendfeldt, a copy of the Lease, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

5.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the Agricultural Lease Agreement between the Kearney Municipal Airport Corporation and Don Hendrickson and approve Resolution No. 2003-216.

 

RESOLUTION NO. 2003-216

 

            BE IT RESOLVED by the Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute Agriculture Lease, on behalf of the City of Kearney, with Don Hendrickson, a copy of the Lease, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 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 Agricultural Lease Agreement between the Kearney Municipal Airport Corporation and Thomas Larsen and Theodore Larsen and approve Resolution No. 2003-217.

 

RESOLUTION NO. 2003-217

 

            BE IT RESOLVED by the Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute Agriculture Lease, on behalf of the City of Kearney, with Thomas Larsen and Theodore Larsen, a copy of the Lease, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

7.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the Agricultural Lease Agreement between the Kearney Municipal Airport Corporation and Lee Potter and approve Resolution No. 2003-218.

 

RESOLUTION NO. 2003-218

 

            BE IT RESOLVED by the Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute Agriculture Lease, on behalf of the City of Kearney, with Lee Potter, a copy of the Lease, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

8.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving Agricultural Lease Agreement #1 and Agricultural Lease Agreement #2 between the Kearney Municipal Airport Corporation and David Fleming and approve Resolution No. 2003-219.

 

RESOLUTION NO. 2003-219

 

            BE IT RESOLVED by the Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute two Agriculture Leases, on behalf of the Kearney Municipal Airport Corporation, with David Fleming, a copy of the Leases, marked Exhibits “1” and “2”, are attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

9.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving Agricultural Lease Agreement #1 and Agricultural Lease Agreement #2 between the Kearney Municipal Airport Corporation and Gary Henderson and approve Resolution No. 2003-220.

 

RESOLUTION NO. 2003-220

 

            BE IT RESOLVED by the Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute two Agriculture Leases, on behalf of the Kearney Municipal Airport Corporation, with Gary Henderson, a copy of the Leases, marked Exhibits “1” and “2”, are attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

10.        Ratify the action taken by the Kearney Municipal Airport Corporation on approving the Hangar Lease Agreement between the Kearney Municipal Airport Corporation and Buck Enterprises, Inc., dba “Thrifty Car Rental” and approve Resolution No. 2003-221.

 

RESOLUTION NO. 2003-221

 

BE IT RESOLVED by the Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Hangar Lease Agreement, on behalf of the Kearney Municipal Airport Corporation, with Buck Enterprises, Inc. dba “Thrifty Car Rental”, a copy of the Lease, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

11.        Approve Change Order No. 2 for an increase in the amount of $21,001.85, and Application and Certificate for Payment No. 4 in the amount of $126,695.70 submitted by Blessing, LLC in connection with the 2003 Part I Improvements consisting of Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to 30th Avenue and approve Resolution No. 2003-222.

 

RESOLUTION NO. 2003-222

 

WHEREAS, Blessing LLC has performed services in connection with the 2003 Part I Improvements consisting of Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to 30th Avenue, and the City’s engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing an increase in the amount of $21,001.85, as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Blessing LLC and Miller & Associates have filed with the City Clerk Application and Certificate for Payment No. 4 in the amount of $126,695.70 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$765,648.50

     Change Order No. 1 (09-23-2003)

+    4,530.00

     Change Order No. 2 (12-23-2003)

+  21,001.85

Contract Sum to Date

 

Total Completed and Stored to Date

Retainage 5%

Total Earned Less Retainage

Less Previous Payments

 

Current Payment Due

$791,180.35

 

756,560.30

37,828.02

718,732.29

   592,036.59

 

$126,695.70

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 2, as shown on Exhibit “A”, and Application and Certificate for Payment No. 4, as shown on Exhibit “B” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

12.        Approve Change Order No. 1 for an increase in the amount of $28,450.00 submitted by Recovery Systems Company in connection with Bid C – In-floor Conveyor and Horizontal Baler for the Kearney Area Recycling Center and approve Resolution No. 2003-223.

 

RESOLUTION NO. 2003-223

 

WHEREAS, Recovery Systems Inc. of Hopkins, Minnesota has performed services in connection with Bid C – In-floor Conveyor and Horizontal Baler for the Kearney Area Recycling Center, and Miller & Associates have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $28,450.00, as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$238,422.00

     Change Order No. 1 (12-23-2003)

+  28,450.00

Contract Sum to Date

$266,872.00

 

            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 23RD DAY OF DECEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

13.        Repeal Resolution No. 2003-209 and approve the final plat for “Rockefeller Subdivision” of Kearney County, Nebraska and approve Resolution No. 2003-224.

 

RESOLUTION NO. 2003-224

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “ROCKEFELLER SUBDIVISION” a subdivision being part of the Southeast Quarter of the Northeast Quarter of Section 23, Township 8 North, Range 16 West of the 6th P.M., Kearney County, Nebraska, and in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) accepted and ordered filed and recorded in the Office of the Register of Deeds, Kearney County, Nebraska.

BE IT FURTHER RESOLVED that Resolution No. 2003-209 passed and approved on the 9th day of December, 2003 be and is hereby repealed.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

            PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

14.        Repeal Resolution No. 2003-210 and approve the final plat for “Deer Crossing Second Subdivision” of Buffalo County, Nebraska and approve Resolution No. 2003-225.

 

RESOLUTION NO. 2003-225

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “DEER CROSSING SECOND SUBDIVISION” a subdivision being part of the Southeast Quarter of Section 29, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (1/4 mile north on Summit Road and to the south and west of Summit Road), and in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska.

BE IT FURTHER RESOLVED that Resolution No. 2003-210 passed and approved on the 9th day of December, 2003 be and is hereby repealed.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

            PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

15.        Approve the application for a Special Designated License submitted by TRINITY PROPERTY MANAGEMENT, dba “Riviera” in connection with their Class C-44667 Liquor License to dispense beer, wine and distilled spirits in the Exhibit Building at the Buffalo County Fairgrounds, 3807 Avenue N, on January 25, 2004 from 5:00 p.m. until 12:00 midnight for the Nebraska Association of Fair Managers Annual Banquet.

 

16.        Approve the recommendation from the Mayor on the appointment of Bruce Blankenship and Randy Buschkoetter to serve on the Joint Airport Zoning Board along with Tim Loewenstein, Bill McMullen and Ron Hendrickson.

 

17.        Approve the Certificate of Completion submitted by United Contractors, Inc. in connection with Paving Improvement District No. 2000-840 for the Avenue M/N Overpass from the north line of South Railroad Street and Avenue M intersection, north to the intersection of 27th Street and Avenue N and approve Resolution No. 2003-226.

 

RESOLUTION NO. 2003-226

 

WHEREAS, United Contractors, Inc. has performed services in connection with Paving Improvement District No. 2000-840 for the Avenue M/N Overpass from the north line of South Railroad Street and Avenue M intersection, north to the intersection of 27th Street and Avenue N; and the Engineer and Contractor have now certified to the City Clerk that work is completed as of September 26, 2003, as shown by Exhibit “A” attached hereto and made a part hereof by reference.

 

Original Contract Sum

$5,210,841.34

     Change Order No. 1 (01-08-2002)

+     13,018.00

     Change Order No. 2 (01-08-2002)

-      10,453.07

     Change Order No. 3 (01-08-2002)

+       7,302.99

     Change Order No. 4 (10-22-2002)

+     29,631.23

     Change Order No. 5 (10-22-2002)

+     12,627.40

     Change Order No. 6 (09-23-2003)

+     52,584.53

 

 

Total Construction Cost

$5,315,552.42

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that the Certificate of Completion be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

18.        Approve the recommendation from Administration on declaring December 26, 2003 as a holiday for City employees.

 

19.        Approve the Certificate of Substantial Completion submitted by Weathercraft Co. of Grand Island, Nebraska and approved by Miller & Associates in connection with the Structure and Roof Repairs at City Hall and approve Resolution No. 2003-227.

 

RESOLUTION NO. 2003-227

 

WHEREAS, Weathercraft Co. of Grand Island, Nebraska has performed services in connection with the Structure and Roof Repairs at City Hall; and the Engineer and Contractor have now certified to the City Clerk that work is substantially completed as of November 10, 2003, as shown by Exhibit “A” attached hereto and made a part hereof by reference.

 

Original Contract Sum

$47,617.00

      Change Order No. 1 (09-23-2003)

+  9,562.00

 

 

Total Construction Cost

$57,179.00

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that the Certificate of Substantial Completion be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

20.        Approve the Certificate of Substantial Completion submitted by BD Construction – Kearney and approved by Miller & Associates in connection with the Vehicle Storage Facility located at 1212 East 26th Street and approve Resolution No. 2003-228.

 

RESOLUTION NO. 2003-228

 

WHEREAS, BD Construction – Kearney has performed services in connection with the Vehicle Storage Facility located at 1212 East 26th Street; and the Engineer and Contractor have now certified to the City Clerk that work is substantially completed as of November 21, 2003, as shown by Exhibit “A” attached hereto and made a part hereof by reference.

 

Original Contract Sum

$168,490.00

      Change Order No. 1 (06-10-2003)

+   2,610.59

      Change Order No. 2 (07-22-2003)

+ 29,335.43

      Change Order No. 3 (09-23-2003)

+     424.72

      Change Order No. 4 (09-23-2003)

+  1,676.63

      Change Order No. 5 (11-25-2003)

+     468.00

 

 

Total Construction Cost

$203,005.37

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that the Certificate of Substantial Completion be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

21.        Approve the application for a Special Designated License submitted by JCB ENTERPRISES, dba “Bill’s Liquor” in connection with their Class C/K39105 Liquor License to dispense beer, wine and distilled spirits in the Extension Building at the Buffalo County Fairgrounds, 3807 Avenue N, on January 17, 2004 from 3:00 p.m. until 1:00 a.m. for a wedding dance and reception.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7013 – REPEAL ORDINANCE NOS. 6981 AND 7003

 

On November 11, 2003 the Council approved the development of G & K 3rd Addition which is located on the north side of 16th Street, west of 16th Avenue if extended north. As part of that development an ordinance vacating part of Lot 1 of Block 2 and part of Lot 2 of Block 1, G & K Addition was approved. When the applicant picked up the ordinance and final plat to be filed at the Courthouse, he realized that they gave us an incorrect legal description. There were a few minor corrections needed. Attached is a new ordinance correcting the legal description and repealing the old ordinance.

 

Council Member Hadley introduced Ordinance No. 7013, being Subsection 1 of Agenda Item V to repeal Ordinance Nos. 6981 and 7003 and vacate part of Lot 1 of Block 2 and part of Lot 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street between 16th Avenue and 17th Avenue), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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. 7013 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. 7013 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7013 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. 7008 – REZONE 5, 6, 14 CARLTON DRIVE; 12, 16, 108, 111 WEST 32ND STREET; 3210 AND 3211 KEISS LANE; 3119, 3201 AND 3207 2ND AVENUE

 

Council member Hadley vacated his chair and abstained from discussion and voting on this matter for the reason he is a member of the Board of Directors.

 

Moved by Blankenship seconded by Kearney to remove from the table Ordinance No. 7008.  Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Clouse. Nay: None. Hadley abstained. Motion carried.

 

At the last Council meeting, the Council approved the rezoning of twelve or so lots of land to be developed into satellite parking for the hospital. Ordinance No. 7008 rezoning the respective property was presented at the last meeting. In order to suspend the requirement of reading the ordinance on three different days, it requires ¾ vote of the Council. Council member Clouse was absent and Council member Hadley abstained, so the Council tabled the ordinance until December 23, 2003 when Council member Clouse would be present.

 

Council Member Kearney introduced Ordinance No. 7008, being Subsection 1 of Agenda Item VI to rezone from “District R-1, Urban Residential Single-Family District (Low Density)” to “District C-0, Office District” property described as part of Lot 4, all of Lots 5, 6 and 14, Ragain’s Subdivision; Lot 3 except the north 30 feet thereof, all of Lots 4 and 5, Lot 7 except the east 20 feet 10 inches thereof, Lot 8 except the south 36 feet thereof, the south half of Lot 9, all of Lots 13 and 14, Lots 16, 17 and 18 except the south 60 feet thereof, all in Bergt and Keiss Subdivision; part of Lot 2, Northwest Quarter School Section Addition, all in the City of Kearney, Buffalo County, Nebraska (5, 6, 14 Carlton Drive; 12, 16, 108, 111 West 32nd Street; 3210 and 3211 Keiss Lane; 3119, 3201 and 3207 2nd Avenue), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member 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, Buschkoetter, Clouse, Kearney. Nay: None. Hadley abstained. 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. 7008 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Buschkoetter, Clouse, Kearney. Nay: None.  Hadley abstained. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Buschkoetter that Ordinance No. 7008 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter. Nay: None. Hadley abstained. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7008 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.

 

PLATTE VALLEY BREWERY – ADDITION TO PREMISES

 

Mayor Blankenship opened for discussion the application for Addition to Premise submitted by ADAM DAAKE, dba “Platte Valley Brewery” in connection with their Class “L” (Craft Brewery – Brew Pub) Liquor License located at 14 East Railroad Street. Administration recommends approval subject to (1) compliance with the condition set forth in the Nebraska State Fire Marshal’s review letter, and (2) the final Certificate of Occupancy being issued by the Building and Zoning Division.

 

The City received an application for an addition to Platte Valley Brewery located at 14 East Railroad Street. The addition is for an area approximately 21 x 71 and, if approved, the new license would read “One story building approximately 41 x 71”. The application was forwarded to the Police Department, the Fire Department and the Building and Zoning Division to make certain that the addition complied with the Building and Fire Codes and that there were no problems with the addition from the Kearney Police Department.

 

This is an operating business which is managed by Adam Daake.  Mr. Daake has managed the business for some time and is expanding the premises to the east as well as asking to incorporate a portion of the basement.  Mr. Daake has not had any reported problems with the Police Department or the Nebraska Liquor Commission in the time he has had the current business.  His expansion is based upon his desire to increase business and provide additional services to his clientele.  Based upon the background, there was nothing found to indicate this would be a problem for the community.

 

Fire Administrator Ken Tracy suggested approving the addition subject to conformance of the conditions outlined by the Nebraska State Fire Marshal. The Building and Zoning Division has also been working with Mr. Daake. On June 25, 2003, Mr. Daake applied for a permit to remodel and enlarge the property at 14 East Railroad Street. The plans submitted for the review had been sealed by a licensed architect licensed in the State of Nebraska as required by state law. The permit was issued.  To date extensive remodeling has been completed, inspected and approved by the City Building and Zoning Department.  However, a final inspection has not been requested by Mr. Daake in order to insure compliance with life safety code requirements.

 

Moved by Blankenship seconded by Kearney to approve the application for Addition to Premise submitted by ADAM DAAKE, dba “Platte Valley Brewery” in connection with their Class “L” (Craft Brewery – Brew Pub) Liquor License located at 14 East Railroad Street subject to (1) compliance with the condition set forth in the Nebraska State Fire Marshal’s review letter, and (2) the final Certificate of Occupancy being issued by the Building and Zoning Division. Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.

 

PARK & RECREATION – INCREASE IN FEES

 

Mayor Blankenship opened for discussion the recommendation from the Park and Recreation Advisory Board of establishing the Kearney Park and Recreation Fund Policy and consider adjusting all Park and Recreation activities and to consider Resolution No. 2003-229.

 

Council member Hadley vacated his chair and abstained from discussion and voting on this matter for the reason he is employed by UNK which is involved with this matter.

 

Director of Park & Recreation Neal Lewis presented this matter to the Council. The Park & Recreation Department staff and the Park & Recreation Advisory Board have revisited our current fees and charges, and are returning to the City Council to request a change in the fee structure. The Kearney Park & Recreation Advisory Board and administrative staff are recommending an increase in fees for a number of activities and facility usages. The increased fees are outside the lid and follow the nationwide trend of users helping pay for their facilities and services.

 

The Park & Recreation Advisory Board and staff are proposing a fee increase for all park and recreation activities.  The proposed changes will provide a funding mechanism to help pay for park improvements. In theory, the City is proposing a “user fee” similar to the fees charged for users of the Utilities Department services.  Funds from the increased fees will go into a development account to help fund park and recreation projects outside the lid. 

 

Charging additional fees to hands-on users of the resource seems logical since they directly benefit from the enhanced facility. Tax dollars will always be needed to provide the basic park amenities and programs.  The staff and Advisory Board realize that revenue is limited and offer this proposal as a way to help with the funding solution. They have contacted a number of other cities and have discovered that Kearney is unique in its lack of fees yet superior service. The proposed increases are still at the lower end of the scale and our facilities and services provided will remain at the superior level. They have contacted all of the user groups to advise them of the proposed fee increase.

 

The following are the proposed changes:

 

KEARNEY PARK AND RECREATION FUND POLICY

 

The Kearney Park and Recreation Department continues to see the need to find alternative ways to fund Park and Recreation long-term infrastructure projects. In order to accomplish this objective we propose an additional funding mechanism. It is our desire to establish a park and recreation fund to help provide funding for significant park infrastructure projects which would be similar in function to the aquatic development fund which derives its revenue from the waterslide. We are proposing an across the board fee increase for all park and recreation activities that would go into a separate park and recreation infrastructure fund. The revenue from this fund would be allocated during the normal budget process involving staff, park board, administration and ultimately the City Council.

 

Building Rentals

Total Fee

Park Development Fund

 

 

 

Harmon Activity Center

 

 

      Youth Activities

$25.00/year

$5.00/year

      Private & Adult

$20.00/hour

$5.00/hour

      Adult (clubs, etc)

$20.00/time

$5.00/time

 

 

 

Cottonmill Lodge

 

 

      Youth Activities

$25.00/year

$5.00/year

      Private & Adult

$15.00/hour

$5.00/hour

      Adult (clubs, etc)

$15.00/time

$5.00/time

 

 

 

Shelters

 

 

      Harmon

$55.00/time

$5.00/time

      Centennial

$55.00/time

$5.00/time

      Sonotorium E/W

$30.00/time

$5.00/time

      Cottonmill E/W

$30.00/time

$5.00/time

 

 

 

Miscellaneous

 

 

            Park

$60.00/time

$10.00/time

            Stage

$20.00/time

$5.00/time

            Amphitheater

$20.00/time

$5.00/time

            Tennis Courts

$5.00/hour/court

$2.50/hour/court

            Ball Fields

$25.00/field/day

$15.00/field/day

 

Major park gifts or projects will be evaluated by staff and the park board establishing a development fund sufficient enough to impact the on going costs of maintaining said project. A recommended goal of (5% to 10%) shall be the basic guideline. All sport associations with the exception of local elementary, middle and high schools utilizing fields will be assessed $1.00/player/season to be designated for park operation and maintenance development fund. In addition any fund raising event/tournament will be assessed a $10.00 per team development fund and or event fee to be designated for said fund. All concession operation of park facilities will be assessed a $25.00 rental fee to be allocated to the park development fund.

 

RECREATION PROGRAM Fees

 

YOUTH ATHLETIC ASSOCIATIONS:

$1.00 per player per year.

Little League, Girls Softball Association, Soccer League, TOPS Soccer, Diesel Football League, Legion Baseball, Tennis Association, UNK

 

ADULT ATHLETIC ASSOCIATIONS:

$3.00 per game:

Kearney Slowpitch Association, Tennis Association

 

YOUTH AND ADULT TOURNAMENTS:

Team Sports: $5.00 per team

Individual Sports: $1.00 per player

 

CONCESSIONS:

$25.00 per concessionaire per year

 

Mr. Lewis stated this proposal is much the same as the one presented in March of 2003.  The Park Board recommended that they check with other communities to see what the standard is and how Kearney measured up to that standard.  They discovered that Kearney is very unique.  The majority of the cities this size and larger, such as Lincoln and Omaha, do not provide the level of service for user groups that Kearney does.  Many of them have encouraged groups to build their own facilities and maintain them.  Others pay significant dollars if they want the city to take care of these facilities. 

 

For 22 years, Kearney has done the same types of services for the user groups and wants to continue that type of service.  Park & Recreation is part of the general fund and shares those tax dollars with the Fire Department, the Police Department, the Library, the legal staff and the administration.  As the lid bill puts a crunch on those funds, the Fire Department and the Police Department are more significant places to put those funds.  Park & Recreation does not have a great funding source as insurance costs, etc. increase, which creates a crunch for their department.  They desire to provide a high level of service but others are limiting their revenue stream with the lid. 

 

Mr. Lewis used the lighting at West Lincolnway as an example.  The Little League provided $25,000, the Elks and the Kiwanis provided $20,000, which totaled $45,000. The lights, however, cost $195,000.  Kearney managed to have one of the best lighted fields in the state due to everyone working together.  The proposed fees are basically the same type of thing.  The $1 per player fee for some of the youth and the University will only amount to about $2,900, our cost for our youth teams is $12,000, but overall it is a significant amount of money.  This money is outside the lid and will help to maintain the level of service the City provides without going head to head with other people that are trying to use that General Fund.  They are asking the users to help continue the level of service that they have enjoyed. 

 

He stated that the user groups have been awesome in building things in the parks.  This fee is another way that will help.  There has been some concern expressed about the use of this money.  The needs and priorities of each user group will be taken into consideration and, as in the past, will start with those with the greatest need. This money will not be earmarked for new development, but is intended to help fund some of the basic service needs for the user groups.

 

The Park budget is fairly large, but that is only for fixed items, restrooms, playgrounds, etc. not for specific user groups. This is a mechanism that the Park Board believed would fund other user groups.  There are those groups that charge a fee and pay the City for using facilities; Kearney Slow Pitch Softball pays $4,000 per year, the Kearney Swim Team pays $425 per year, Red Cross Swim Lesson Program pays about $1,000 per year.  This is not a new concept. 

 

There are some questions about how the City works with the High School and the University.  At this time, the City does not charge them because the City has adult basketball, youth basketball and volleyball that go on in the High School.  The schools in turn play soccer at Ted Baldwin, softball at Harvey Park, golf at Meadowlark, and use the tennis courts.  UNK has been the same type of situation; however, the proposal is to charge them $1.00 per player on their baseball and softball program, because the City does not use their facilities as much.  As costs increase, the Park Department is looking for other avenues of revenue so they do not have to keep coming back to the Council and request to raise taxes. 

 

John Bancroft, 3712 4th Avenue, stated that he is a member of the Park & Recreation Advisory Board. He stated when the State cut back on the funding of the state parks last May, at that time it was pointed out that funding was 70 percent user fees and 30 percent from the State’s general fund.  The concept of charging user fees is not a new concept to keep taxes low.  He believed there is a basis for charging user fees and that the time has come to do it.  He stated in reference to the occasional user, they do not need to have lights, scoreboards, or batting cages. The improvements that the leagues have donated are greatly appreciated, but they are specifically for their needs and would not be necessary except for organized leagues.  The main issue here is maintenance of the fields for groups that use them.

 

Council Member Kearney stated that the Park & Recreation general fund budget was increased by $122,000, which is a 7.03 percent increase from 2002 and is exclusive of capital expenditures.  He stated that this did not include the golf course, which is an enterprise fund. The proposed fees of $2,900 are about a fourth of that $122,000.  He pointed out that this budget gave more flexibly and greater funds percentage wise to the Park Department than any other department received. He supported the 1½ mill levy increase to maintain things at their present level in the budget. Park & Recreation got a big share of that money and he believed that assessing fees or increasing taxes would be uncomfortable for him to support at this time.

 

City Manager Allen Johnson stated that the increases in that budget were addressed primarily in the capital area.  The park budget has not been increased on the operational side or for step increases primarily because of the lid and limitation that it presents. 

 

Council member Buschkoetter stated that as he understood it, the increases were to cover travel to and from the parks, mowing, etc., which is an operational general fund cost.  Logically, the labor is going to go up when you have more to mow as the park facilities are expanded.

 

Mr. Lewis stated that the big crunch to his budget is personnel.  The 3 percent cost of living increases and increases in insurance costs automatically increase their budget.  The practical amount of dollars that they have to use has not really changed.  They have not increased their staff, but the cost of a large operation has driven costs up.  When Centennial Pool was opened, that increased the aquatics budget over operating costs of the previous years.  The increase in the budget is not due to increase of services. He believed they have held the line fairly close except for the things over which they have no control. 

 

City Manager stated that due to the lid there is no margin in the operational budget to make any increases. 

 

Mayor Blankenship asked whether or not the proposed rates for Harmon Park Youth Center, the sonatorium, etc. were now in place. Mr. Lewis answered there are existing fees for the Youth Center at the present time and the proposed increase would be $5 added to each fee amount.  The $25 fee for ball fields (exclusive of leagues) will apply to tournaments for which City crews would be taking care of the fields to cover their cost and time.  State and District tournaments would not be assessed those fees because it is for the benefit of the kids to go on to that level.  Any team using the fields for a revenue-generating tournament would be assessed those fees.  This is the way it is being done and has worked well. 

 

Mr. Lewis continued to state that in their research, it was found that most others communities charge a flat rate to use their fields and the users are responsible for maintaining them.  Administration’s philosophy is that we would rather do the maintenance and insure that when people come to Kearney, they want to come back because the facilities are top notch.  The concern is by giving the maintenance to other organizations; it might not be their top priority and would affect the quality of the fields.  The fact remains that as finances get tighter, it gets more difficult to maintain that level of service.  Not everyone in the community is involved in these activities and so the general tax asking would be above and beyond the call of service.  The thought is that if the City is going to provide this extra service then it needs help.  Mr. Lewis also clarified that the fee for competitive teams will be the same as for league teams. There is a charge for reserving any park facility.

 

Mr. Lewis stated that they had talked to the groups at the user meetings. They followed up by sending out letters (proposed rates not included) asking the groups to visit with a Park Board member or contact the Park & Recreation staff if they had any questions or concerns.  Mr. Lewis stated he did not receive any calls and only one person from the legion stopped by and picked up information. 

 

Brian Johnson, 3422 Avenue N, spoke on behalf of Thirsty’s American Legion baseball team (formally Kearney Knights).  He stated that the board and staff do an excellent job and that Kearney has some of the best facilities in the state. He pointed out that the new scoreboard, press box, concession stand, batting cage, pitching machine, outfield fence and sand equipment at Memorial Field were all done without funds from the City.  This shows that the user groups have taken the reins not only raising funds for their program, but also doing park improvements.  There will soon be more improvements for which they have budgeted and done fund raising.  The proposed fee structure would amount to approximately $200 for their organization, and is not a “killer” because they have about a $20,000 organization.  He did state that they are opposed to it because of the fact that they would like to keep that money in their budget to use for their projects.  The University, the other legion program, and the senior league program also use Memorial Field.  As a matter of principle, they would like to keep the money in their organization with their board determining where it is to be spent. Mr. Johnson also added that they take care of their own field maintenance and chalking.  Their situation is different from little league and soccer where the fields need to be dragged and lined by the City.   

 

Council member Buschkoetter verified that the legion players pay a fee of $100.  He also pointed out that in addition to the $100 fee; players furnish spending money for out of town games, travel expenses, and for parents to provide transportation.  Their uniforms are furnished and there are some bats provided to use.  The players are responsible for their own shoes and equipment.  There are 18 players in each level. He did not foresee that an additional $1 per player would cause a hardship for anyone participating in the program.

 

Scott Porter, #1 Kings Court, stated that he was representing little league.  He commended the Park Department for the excellent condition of the fields and facilities they provide.  He stated that their organization was instrumental in providing lighting to West Lincolnway. They also have plans to make other capital improvements to West Lincolnway and Harmon Park that they are willing to fund.  Their dilemma is whether to continue to work in that direction (their contribution would be significantly more than the $1 per player) or hold back and redirect the funds towards the City fee and take their chances on what improvements can be made to the facilities that they use.  They would like to see the money that they contribute go to the parks that they are currently using.  They do several fund raising activities during the year to help keep the entry fees as low as possible.  Last year the operating expenses exceeded the revenues that they collected.  They believe that their fees are about as tight as they can get them.  They are not opposed to a sinking fund for the parks, but they would like to see a different way to fund it without going to the user groups.  Since little league, soccer and the baseball programs are encapsulated; he concluded that is why the City is going to them to collect the $1 because it would be difficult to assess every user that uses the parks.  Mr. Porter added that their position has not changed and they will continue to work with Park & Recreation to do any improvements that they can.

 

Council member Buschkoetter asked if the $1 cost would be passed on in their entry fee.  Mr. Porter stated that at this point they would have to unless they could find someone to underwrite it, which would be about $700 for their group.  It is not a huge amount, but they are looking at a couple things this year and they could use those funds for rather then to pay the $1 player fee.  Little league registration currently is $40.  This provides the child with a uniform t-shirt and hat, equipment, and umpires. A significant amount goes to the cost of insurance and the Little League Charter.  He stated that they try to provide a quality program and are open to suggestion as to how to make it better.

 

Rocky Bailer, 519 East 47th Street, is President of Kearney Senior Youth Legion Association (Kearney Knights).  Each one of these user organizations is non-profit.  Referring to the $25,000 contribution to the West Lincolnway lighting and other projects, he believed by pulling money away from these leagues that they will be less likely to contribute to further improvements.  Mr. Bailer commented that he believed that it is counter productive to have to pay a $10 fee per team when you are holding a fundraiser event.  He stated that he had a problem with the statement “All fees are due and payable before the season starts”.  He pointed out that if a tournament gets rained out, not only do you not get your fundraiser, but also you are stuck paying the City for a tournament that didn’t happened. You also would not have an accurate number of players before the tournament starts. One of Mr. Bailer’s objections was that he believed the fee would be going after their fundraiser profits. Mr. Lewis responded that the intention of the fees for registration in advance did not apply to tournament fees.  There is no way to know in advance the number of teams or players for a tournament.  There is a $50 entrance fee and then the number of teams would be added after the tournament.  This is currently the way it is being done for soccer and fast pitch and will continue to be done that way.  There has been an error in the way it is stated and will be corrected administratively.    

 

Mr. Bailer stated the concessions fees are their source of income.  They have kept the kids’ fees at $100 per year for the past four years.  Each year they have one or two kids that cannot pay that fee and they absorb that cost.  Umpire pay goes up each year and tournament fees many times pays for the umpires.  They drag the field and mark the lines themselves.  He stated that the $1 fee might not be significant, but it is a dig and hurts when you are non-profit.  It would mean that they need to raise their admission fees, the organization must pay for it, or the taxpayer must pay for it.  When you are both, you get charged from both directions.  He stated that they do not have the privilege of raising their fees or prices by seven percent a year.  They are pretty much fixed. A bat is a minimum of $150.  Mayor Blankenship responded that Mr. Bailer’s statement was not accurate because they do have the privilege to raise those fees, but have chosen not to do so.  That is what the City prefers to do as well. Mr. Bailer stated that he believed it was unfair to assess more fees when they have contributed to the field facilities with their funds.  

 

Mayor Blankenship said that he appreciates what everyone has done to make our parks amongst the best in the state.  This includes little league, legion, tennis association, the soccer group and all those folks that have contributed handsomely to achieve this. On the other hand, it is not necessarily the City’s responsibility to have facilities that are amongst the best in the state.  These facilities should be functional.  We don’t need state of the art lights for the recreational user on a baseball field, but glad that we have them.   It is great to have the soccer complex the way it is so we can bring in some tournaments.  What the City essentially needs to provide are fields on which to play. The City is not required to provide fancy scoreboards or concession stands.  He expressed his appreciation for all the things that we have.  The bottom line is the real hard cost that all of the taxpayers in the City are absorbing for facilities that the user groups are using. The City has employees out there everyday, who line the fields and mow the grass. What is being asked is for help to continue those services.  The reality is he sees some responsibility sitting on the heads of the users to help the City with those obligations.  

 

Council member Buschkoetter pointed out that not only are the leagues non-profit but the City is also non-profit.  He did not believe that the $1 fee would raise the entry fee for any player to the point where they could not afford to join.  As a parent, he pays the fees for his children to play soccer and softball and also coaches for free.  He said that it strikes him as logical to charge the folks that use the park system a fee to bring in extra money needed by the parks.  He sited the example that if he and his daughter wanted to use one of the ball fields and practice, as a taxpayer he could do that.  However, if one of the baseball teams shows up for practice, then they would have to leave even though he is paying taxes just like the people on the team.  So in a way the $1 per player per year is rent on the field because the team takes precedence over a private citizen using the field.  He believes that if a team is going to take the field then they need to rent it, because others who want to use the field are also paying taxes. At the present time, this is the case it should be on a first come first serve basis.  He believed that it makes sense to charge users as we do for water, sanitation, etc.  The organizations that are raising big dollars to get various projects done are doing so to benefit their programs.  The City would eventually get to all of those things, but groups don’t want to wait that long for the City to be able to get that money organized on the tight budgets that we have. It follows in other areas as well, if we want lower taxes than we get fewer government services.  He does not believe that it is fair to say that the City is charging kids anymore than little league is charging kids, because they are already paying fees to participate in those programs. 

 

Council member Clouse stated he wanted clarification about whether the fund will be used for day-to-day improvements such as lining and mowing the fields and not for capital improvements.  He agreed that if this is truly operational he would have to go with what the Park Board recommends.  He also commented on the fact at the budget meeting, no one every shows up to question what they are doing on the budget. The forums regarding the budget are open to the public.  He encouraged groups to attend them and bring their suggestions and questions.  Although it is true the City is limited on their operational funds; however, on the capital improvement side there might be some things that can be added. There is a process that the Council goes through and he suggested by working with Mr. Lewis, the Park Board and all the user groups, perhaps this would be a different way to approach getting things done.

 

City Manager stated that the proposed fee is for operations.  Council member Kearney alluded to the increases in the budget going to the parks, but on the revenue side the only thing that can be increased is the capital costs that they took care of with the pool, the restrooms, etc.  The crunch is revenue for the operational side, which comes under the lid.   The 3½ percent increase was eaten up in health care costs alone.  It did not take care of the increases in workers comp, property and casualty insurance, or step increases.  In the generosity of increasing the park budget, that money came from other programs.  His point was that due to the lid, the City can do a 3½ percent increase a year, but he asked for direction as to how to get that operational money.  He instructed each department to find revenues outside of the lid.  That is why the building department came to the Council and asked for increases in the fees.  The fact remains that he does not know where to get the revenue after the increase in the health care costs are paid and that money is gone.  This affects bread and butter public safety issues, like putting another cop on the street, because we simply do not have the revenues under the lid.  We have heard about all the great things that have been done for the parks and what the user groups would like to do. The fact is, as a Council, your hands are tied.  He stated that they are unable to raise the budget more than 3½ percent in any given year.  The operational costs are eating us alive.  The Park Board and staff are simply responding to what he has told them to do, which is find revenues outside the lid.  The fee for people that are using the parks seems to be a fair way to do it.  The City can’t afford to maintain any more expansion in the parks with the current funding.

 

Scott Porter commented that it was difficult to understand that in the City’s budget of $1.7 million, that $3,000 of user fees is going to make a difference.  He expressed that he was uncertain if they are better off giving the money to the City and allowing them to decide how it will be distributed or letting groups make their own decisions about what to provide, such as press boxes that would be beneficial to the City.

 

Mayor Blankenship stated that last year that the 3½ percent increase on the portion that is under the lid amounted to about $150,000.  $150,000 is what we had to fund insurance that is already provided, to provide employee increases for 200 people, and to keep cops on the street, etc.  That increase had nothing to do with equipment or opening the doors everyday. This is a serious situation and needs to be given consideration. If you factor in the cost of insurance and 200 employees; it quickly becomes clear we will have a deficit.   He pointed out that the City must prioritize.  The Council would be willing to hear the suggestions for things the users would like to have and discuss their priority for the community. 

 

Mayor Blankenship stated there are some philosophical questions that must be answered.  The Council needs to decide if they either want to continue to count Kearney as the second lowest in the state as far as property taxes, or do they want great ballfields, parks, roads and sewers.  He stated that he was uncertain whether we are able have both.  He did not believe that $1 per player per year will impact any organization to any extent.    

 

Moved by Clouse seconded by Buschkoetter to approve the recommendation from the Park and Recreation Advisory Board of establishing the Kearney Park and Recreation Fund Policy and consider adjusting all Park and Recreation activities and approve Resolution No. 2003-229. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Clouse. Nay: None. Hadley abstaining. Motion carried.

 

RESOLUTION NO. 2003-229

 

            WHEREAS, the Advisory Board of Park and Recreation has recommended to the City Council to establish a Park and Recreation Fund Policy to provide funding for significant park infrastructure projects; and

            WHEREAS, the Advisory Board of Park and Recreation has recommended to the City Council to adjust all park and recreation activities with such funds to be placed in the Park and Recreation Fund; and

            WHEREAS, it is in the best interests of the operation and administration of the Park and Recreation Department to establish a Park and Recreation Fund Policy to provide funding for significant park infrastructure projects and to adjust all park and recreation activities.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Kearney Park and Recreation Fund Policy, a copy marked Exhibit “A”, and the Recreation Program Fee Policy, a copy marked Exhibit “B”, are attached hereto and made a part hereof, be and are hereby approved.

            PASSED AND APPROVED THIS 23RD DAY OF DECEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ORDINANCE NO. 7014 – AMEND SECTION 8-1701 “DISORDERLY CONDUCT”

 

City Attorney Michael Kelley presented this matter to the Council. Historically, the Police Department has addressed specific unpleasant public behaviors using the City’s Disorderly Conduct ordinance.  Of late, in so doing, the prosecuting attorneys have indicated a difficulty in obtaining convictions in the County Court.  Because the current Code Section 8-1701, does not specifically prohibit two rather distasteful acts, the court has been hesitant to include them as appropriate violations of the ordinance.

 

Over time, public behaviors have certainly changed.  When originally created, the instances of public urination and defecation were so rare as to not be felt to be appropriate to specifically include in the ordinance.  Unfortunately this has become a rather common concern, it is necessary that these behaviors be specifically cited and prohibited.

 

This poses no specific cost for the City of Kearney but will allow for more successful prosecutions for the offense. It is believed that by specifying the prohibited behavior, more persons charged with the offense for these specified reasons will waive and plead, thereby reducing court expense.

 

Council Member Kearney introduced Ordinance No. 7014, being Subsection 4 of Agenda Item VI to amend Section 8-1701 “Disorderly Conduct” of Article 17 “Offenses Against the Public Peace” of Chapter 8 “Police” of the Code of the City of Kearney to prohibit urinating and/or defecating in the public or in the view of the public, 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, Buschkoetter, Hadley, Clouse, Kearney. 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. 7014 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None.  Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Hadley that Ordinance No. 7014 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7014 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.

 

OPEN ACCOUNT CLAIMS -- NEBRASKA PUBLIC POWER DISTRICT -- $43,888.90; WARD LABORATORIES -- $15.00; AND BRUCE BLANKENSHIP -- $79.20

 

Moved by Hadley seconded by Buschkoetter that Open Account Claims in the amount of $79.20 payable to Bruce Blankenship; $15.00 payable to Ward Laboratories; and $43,888.90 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Kearney, Buschkoetter, Hadley. Nay: None. Blankenship and Clouse abstained. Motion carried.

 

VII.    REPORTS

 

No reports.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Hadley that Council adjourn at 9:29 p.m. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion carried.

 

                                                                                    BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK