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Kearney, Nebraska

September 24, 2002

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 September 24, 2002 in the Council Chambers at City Hall.  This meeting adjourned at 7:52 p.m.  A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:53 p.m. in the Council Chambers at City Hall.  Present were:  Peter Kotsiopulos, President of the Council; Michaelle Trembly, City Clerk; Council Members Bruce Blankenship, Randy Buschkoetter, Don Kearney, and Jose Zapata.  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: Eddie Walters, Roxanne Walters, Bruce Nielsen, Ivan Marshall, Neal Lewis, Scott Nugent, Julie Nugent, Steve Kearney, Virginia Kearney, Mike Konz, Dave Jenner.

 

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

 

A moment of silence was held.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Logan Rall and Brad Karr led the Council members and audience in the Pledge of Allegiance.

 

RECOGNITION – BRUCE NIELSEN AND EDDIE WALTERS

 

Mayor Kotsiopulos and Council Members recognized Bruce Nielsen for 20 years of service with the Utilities/Sanitation Division.  He was presented a Resolution of Commendation and a watch.  Eddie Walters was also recognized for 20 years of service with the Utilities/Sanitary Sewer Division.  He, too, was presented a Resolution of Commendation and a watch.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

LIQUOR LICENSE - GOLF NUTZ; 224 WEST 42ND STREET

 

Mayor Kotsiopulos opened the public hearing on the Application for a Retail Class ‘J’ (Beer and Wine – On Sale Only) Liquor License submitted by GOLF NUTZ, L.L.C., dba “Golf Nutz” to be located at 224 West 42nd Street, consider the Corporate Manager application for Scott Nugent, and to consider Resolution No. 2002-225.

 

On August 26, 2002, GOLF NUTZ, L.L.C., dba “Golf Nutz” located at 224 West 42nd Street applied to the Nebraska Liquor Control Commission for a Class “J” liquor license.  The Nebraska Liquor Control Commission forwarded the application to the City for consideration.  The general business function is an indoor golfing range.  All alcohol would be sold and consumed on premises.  The business will be located in a new mall just north of the current SunMart grocery store at 224 West 42nd Street.  The applicants are all members of the corporation.  The business will be operated with four employees, all members of the corporation.

 

The applicants have no prior experience in retail liquor sales.  There was nothing detrimental found during the background investigation regarding their prior criminal or driving records.  Checks with the County and District Courts revealed no current/pending charges or litigation.  All applications presented appear to be complete and accurate.  This is a retail license application that would present a new venture in the community.  There are three other licenses in the general area:  SunMart a class D; Cellar Lounge a class I, and; Texas T-Bone a class I.  The area is a commercial/business district.

 

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 corporate members have nothing to indicate they would not be suitable for this business.  None of the corporate members have experience in retail liquor sales but during interviews indicated a willingness to learn and to cooperate.

 

In light of the fact that it is virtually impossible to prevent the issuance of the license, Administration recommends that the Council conduct the public hearing and advise the applicant concerning its desire that the sale of alcohol be very carefully managed, particularly with regard to minors.

 

Scott Nugent presented this matter to the Council.  Scott stated that his wife, Julie, and Steven and Virginia Kearney are all member managers of this business.  They would enforce a zero tolerance policy within their establishment.  Any employee that sells alcohol to anyone who does not present a valid identification card will be immediately terminated.  Their feeling is that that the $2 they charge for a beer is not worth jeopardizing their license.  They are waiting on a packet from the State Liquor Commission with all the training items needed.  They are proud to bring the first in-door golf center in the state of Nebraska to Kearney.   The plan is to open October 14th and the grand opening will be the 19th.

 

Mayor Kotsiopulos also wanted them to be aware of the training available from the Kearney Police Department.  Council member Kearney clarified that he is not related to Steve Kearney.  Council member Blankenship said he had the opportunity to visit the complex and believes that they have a good idea and a good location. 

 

There was no one present in opposition to this hearing.

 

Moved by Zapata seconded by Kotsiopulos to close the hearing and approve the Application for a Retail Class ‘J’ (Beer and Wine – On Sale Only) Liquor License submitted by GOLF NUTZ, L.L.C., dba “Golf Nutz” to be located at 224 West 42nd Street, approve the Corporate Manager application for Scott Nugent, and approve Resolution No. 2002-225.  Roll call resulted as follows:  Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2002-225

 

            WHEREAS, GOLF NUTZ, L.L.C., dba “Golf Nutz” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘J’ (Beer and Wine – On Sale Only) Liquor License to do business at 224 West 42nd 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 September 24, 2002.

            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 ‘J’ (Beer and Wine – On Sale Only) Liquor License to GOLF NUTZ, L.L.C., dba “Golf Nutz” located at 224 West 42nd Street, Kearney, Nebraska.

            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 24TH DAY OF SEPTEMBER, 2002.

 

                                                            PRESIDENT OF THE COUNCIL

                                                            AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

 

PROPOSED ACQUISITION – PERMANENT WATERMAIN EASEMENT

 

Mayor Kotsiopulos opened the public hearing on the proposed acquisition from Verl Deets, Trustee, for water main purposes the following tracts of land: Permanent Water Main Easement - a tract of land described as the north 20 feet of the following described tract of land:  all of that part of the Northwest Quarter of Section 33, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, lying south of the Union Pacific Railroad Company right-of-way, as recorded on Roll 89, Page 3098 and filed in the Buffalo County Register of Deeds; AND a Temporary Construction Easement – The south 40 feet of the north 60 feet of the following described tract of land:  all of that part of the Northwest Quarter of Section 33, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, lying south of the Union Pacific Railroad Company right-of-way, as recorded on Roll 89, Page 3098 and filed in the Buffalo County Register of Deeds and consider Resolution No. 2002-226.

 

Kirk Stocker, Director of Utilities, presented this matter to the Council.  On July 23, 2002 the City Council created Water Connection District 2002-1 for the Alternate Well Field Transmission Main.  The project was included in the 1997 Water System Facility Plan as a project necessary to insure the reliable supply of water from the Platte River Well Field to the City of Kearney.  The project has been included in the 2002-2003 Budget and is being financed with a State Revolving Loan Fund Loan.

 

The water main project will be constructed in Cherry Avenue from 11th Street north to the Union Pacific Railroad right-of-way.  The project then proceeds eastward along the south line of the railroad right-of-way.  In this location the water main will be laid in an easement that Administration has negotiated with Mr. Verl Deets.  Administration considered occupying the railroad right-of-way with the water main; however, the cost of the agreement would have been the same or more and the City could have been required to relocate the water main in the future at the request of the railroad.

 

Administration believes that $3,000.00 is fair compensation for the Permanent and Temporary Easement.  That amount is comparable to what the City would have paid the railroad to construct the water main in railroad right-of-way and with what the City has paid for other easements that have crossed highly productive and irrigated farmland.

 

There was no one present in opposition to this hearing.

 

Moved by Kotsiopulos seconded by Kearney to close the hearing and approve the proposed acquisition from Verl Deets, Trustee, for water main purposes the following tracts of land: Permanent Water Main Easement - a tract of land described as the north 20 feet of the following described tract of land:  all of that part of the Northwest Quarter of Section 33, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, lying south of the Union Pacific Railroad Company right-of-way, as recorded on Roll 89, Page 3098 and filed in the Buffalo County Register of Deeds; AND a Temporary Construction Easement – The south 40 feet of the north 60 feet of the following described tract of land:  all of that part of the Northwest Quarter of Section 33, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, lying south of the Union Pacific Railroad Company right-of-way, as recorded on Roll 89, Page 3098 and filed in the Buffalo County Register of Deeds and approve Resolution No. 2002-226.  Roll call resulted as follows:  Aye: Kotsiopulos, Kearney, Zapata, Blankenship, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2002-226

 

            WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in real property by purchase or eminent domain to do so only after the City Council has authorized the acquisition by action taken in a public meeting after notice and public hearing; and

            WHEREAS, the City Council has held a public hearing upon the proposed acquisition for water main purposes and voted in favor to proceed with the acquisition; and

            WHEREAS, Verl Deets, Trustee, has granted to the City of Kearney, Nebraska, a Permanent Water Main Easement as follows:

 

Permanent Water Main Easement

A tract of land described as the north 20 feet of the following described tract of land:  all of that part of the Northwest Quarter of Section 33, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, lying south of the Union Pacific Railroad Company right-of-way, as recorded on Roll 89, Page 3098 and filed in the Buffalo County Register of Deeds.

 

Temporary Construction Easement

The south 40 feet of the north 60 feet of the following described tract of land:  all of that part of the Northwest Quarter of Section 33, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, lying south of the Union Pacific Railroad Company right-of-way, as recorded on Roll 89, Page 3098 and filed in the Buffalo County Register of Deeds.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Permanent Water Main Easement granted by Verl Deets, Trustee, to the City of Kearney be and is hereby approved and accepted.

            PASSED AND APPROVED THIS 24TH DAY OF SEPTEMBER, 2002.

 

                                                            PRESIDENT OF THE COUNCIL

                                                            AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Kearney seconded by Buschkoetter that Subsections 1 through 16 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney.  Nay: None.  Motion carried.

 

1.         Approve Minutes of Regular Meeting held September 10, 2002.

 

2.         7-Eleven $17.20 Su; A Affordable Travel $413.00 Tr, Trn; Ace Hardware $121.77 Various; Ace Irrigation $4,866.74 Capital Outlay; Adamson, B $38.00 Ref; Advance Auto Parts $11.04 Inv; Advantage Rent a Car $51.84 Tr; Agent Fee $34.95 Tr; Allied Electronics $75.40 Rep; Alltel $1,333.47 Various; Amazon.Com $9.60 Bks; Amer Institute of SM $45.90 Bks; Amer Red Cross $78.44 Su; Ampride $145.95 Tr, Trn; Andersen’s Outdoor Power $704.84 Various; APWA $440.00 Reg; Art Today $59.95 Su; B J S 66 $13.00 Su; B&B Auto Glass $120.00 Rep; Baker & Taylor $1,713.71 Bks; Bamford $490.00 Rep; Barney Abstract $1,830.00 Serv; Bax, J $2.86 Ref; Baye, S $75.00 Cla; BBC Audiobooks $508.32 Bks; Becker, G $24.00 Su; Big Bear Equipment $143.71 Inv; Blessing $303,169.46 Serv; Bob’s Super Store $384.19 Su; Bohlmann $670.00 Rep; Books on Tape $196.80 Bks; Borders Books $89.34 Su; Bosselman Oil $131.50 Inv; Bound to Stay Bound $2,121.12 Bks; Brewer, M $19.00 Ref; Broadfoot Sand $3,890.00 Su; Bruces Body Shop $598.86 Rep; Bubble Factory $3.72 Su; Buffalo Co Court $401.39 Ded; Buffalo Co Dist Court $129.00 Ded; Buggy Bath Car Wash $7.50 Rep; Builders How-to-Warehouse $1,018.40 Various; Burke, M $180.00 V/W; Buzz’s $343.80 Re; CANDO $3,382.70 Serv; Cash-Wa $2,996.80 Various; CDW Gov’t $297.88 Equip; CED/Amer Electric $1,149.89 Varioius Central Ag $119.99 Rep; Central Fire $2,603.90 Various; Central Hydraulic $472.76 Various; Central NE Bobcat $8.46 Various; Central Plains Distr $730.70 Rep; Central Valley Irrigation $522.44 Rep; Charter Digital Comm $42.55 Serv; Charter Paging $41.92 Serv; Chesterman $2,441.90 Su; Child’s Play $85.46 Bks; Christianbook.com $17.48 Bks; City of Ky $52,189.59 Various; Cleaning Solutions $2,460.00 Serv; CLH $309.00 Serv; CMI $99.73 Su; Coffin Turbo $238.00 Rep; College Savings Plan of NE $130.00 Ded; Conoco $7.60 Su; Consolidated Plastics $177.47 Su; Construction Rental $51.00 Su; Copycat $294.22 Various; Cornhusker Hotel $135.87 Tr; Corp Diversified Services $50,000.00 Claims; Creative Teacher $7.58 Su; Crossroads Ford $2,030.66 Various; Culligan $800.89 Various; Cummins Great Plains $215.00 Rep; D’Milaco Sports $108.00 Incentives; Dan Roeder Concrete $131,322.58 Serv; Davis, D $12.12 Ref; Dawson Co PPD $25,326.07 Serv; Depository Trust $1,059,727.73 Princ, Int; Deterdings Classic Pool $207.30 Su; Development Council $5,325.00 Various; Diamond Vogel Paints $43.43 Inv; Diane Publishing $116.00 Bks; DIT Computers $79.96 Su; Ditch Witch of NE $34.23 Su; Dollar Rent-A-Car $489.06 Tr; DPC Industries $6,954.56 Various; Dr. Symantec $184.94 Su; Drury Inns $315.61 Tr; Dugan Business Forms $3,518.68 Su; Dutton-Lainson $330.00 Various; Eakes Office Plus $5,480.95 Various; Earl May $16.99 Su; Eatherton, S $7.99 Ref; Ebay S Half Com $9.24 Bks; Eggert, T $2.83 Ref; Eirich, T $40.00 Reim; Elliott Equipment $534.62 Various; Eppley Express $262.50 Various; Erickson, G $100.00 Ref; Executive Travel $35.00 Tr; Expressions $167.22 Admin; Facts on File $38.25 Bks; Fairbanks Int’l $3,014.46 Various; Fairfield Inn $79.21 Tr; Family Counseling $240.00 V/W; Farmers Union Coop $511.60 Various; Fastenal $557.43 Various; Faz, A $114.00 Tr; Fedex $51.57 Various; Fiddelke Htg $171.35 Rep; Fireguard $12,686.79 Rep; Fluid Tech $6.49 Inv; Folck, J $34.83 Ref; Ford, E $6.78 Ref; Fox Bros Hay $2,612.50 Serv; Fredrickson Construction $12,716.07 Serv; Fremont Nat’l Bank $32,734.89 Ded; Frontier $8,610.92 Various; Galls $508.12 Various; Gangwish Turf $15.12 Su; Gary’s Handyman Service $36.00 Ref; Gas N Shop $11.92 Su; Gaylord Bros $141.40 Su; Gear for Sports $203.50 Inv; Geersen, K $63.00 Ref; Gibbon Transmissions $1,446.95 Rep; Golf Course Superintendent $375.00 Dues; Golfsmith Int’l $56.95 Su; Goodwill Industries $15.00 Inv; Graham Tire $1,149.12 Inv; Grainger $463.41 Various; Grand Central IGA $44.94 Various; Great Lakes Airlines $459.00 Tr; Great Plains One-Call $429.15 Serv; Great Plains Safety $3,405.00 Serv; Green-Save $368.50 Su; H&H Distributing $302.00 Su; Heartland Motor Sports $207.60 Rep; Heiman Fire Equipment $1,845.80 Su; Holmes Plumbing $875.68 Various; Hometown Leasing $211.00 Equip; Howe, C $48.16 Cla; IBM $101,164.00 Serv; ICMA RC $2,430.51 Ded; Info USA Marketing $4,990.00 Bks; Information Today $199.00 Tr,Trn; Intellicom Computer $104.50 Serv; International Pers Mgmt $299.00 Dues; IRS $75,966.57 Ded; ISDN $330.79 Serv; ITT Sanitare $892.04 Rep; Jack Lederman $770.32 Various; Jacobi’s Carpet One $35.96 Su; James W. Bell $148.21 Su; Jaycor Tactical Systems $33.00 Equip; Jehorek, R $32.91 Ref; Johnson, A $82.80 Tr; Johnson, B $20.30 Ref; Jonak, R $10.28 Ref; Jotto Desk $975.38 Equip; Junior Library Guild $2,216.40 Bks; K&K Parts $768.17 Various; Kelley, M $107.20 Reim; Kelly Supply $1,019.20 Su; Key Hub $5,200.51 Various; Killion Motors $330.74 Various; Kirkham Michael $19,791.68 Serv; Kjar, M $23.54 Ref; Kriz Davis $95.02 Su; Kustom Signals $135.00 Inv; Ky Area Solid Waste Agency $646.10 Tipping Fees; Ky Clinic $1,971.00 Various; Ky Concrete $21,649.90 Su; Ky Crete $464.34 Su; Ky Cycling $16.23 Equip; Ky Glass $601.75 Rep; Ky Implement $606.04 Various; Ky Warehouse $1,060.13 Su; Ky WinLectric $76.32 Rep; Ky Yamaha $9.40 Inv; L&W Tires $6,128.53 Various; Lampe’s Air Filter $129.60 Su; Laser Art Design $262.00 Su; Lasertec $184.00 Su; Leopold Painting $2,610.00 Rep; Lerner Publishing $48.43 Bks; Lewis, D $50.34 Ref; Linweld $45.30 Various; Little Caesar’s Pizza $30.00 Su; Loebig, P $114.00 Tr; Logan Contractors Supply $215.65 Various; Madison, T $13.10 Ref; Mail Express $11.07 Pstg; Marriott $1,310.83 Tr; McCollister & Co $467.29 Inv; McMaster-Carr $620.17 Su; MDI $46.94 Su; MES-Snyder $3,074.41 Rep; MGS Tech $129.02 Equip; Michael Todd & Co $1,195.35 Su; Mid-State Engineering $1,310.00 Serv; Midlands Contracting $86,112.04 Various; Midtown Comm $72.00 Serv; Midwest Turf $17,852.01 Equip, Rep; Miller & Associates $50,735.69 Various; Miller Signs $117.50 Rep; Miracle Recreation Equipment $1,926.68 Park Dev; Modern Methods $742.50 Serv; Moore, A $25.04 Ref; Motion Industries $55.73 Inv; Mr. Automotive $1,804.73 Various; Municipal Supply $117.27 Inv; Murphy Tractor $1,512.28 Inv; N Central Lab $233.55 Su; NAPA All Makes Auto $1,477.50 Various; Nat’l Arbor Day Foundation $25.00 Dues; Nat’l Fire Protection $96.95 Su; Nat’l Seminars $195.00 Trn; NE APWA $150.00 Tr, Trn; NE Child Support $1,192.79 Ded; NE Dept of Revenue $49,270.08 Various; NE Golf Association $749.00 Dues; NE Library Comm $4,035.00 Various; NE Machinery $67.02 Inv; NE Regional Library Systems $30.00 Tr, Trn; NE State Arboretum $100.00 Dues; NE Wine & Spirits $61.32 Su; NEland Distributors $347.00 Su; Nevco Scoreboard $8,142.00 Park Dev; NLA/NEMA $297.00 Tr, Trn; Nogg Chemical $136.25 Inv; Northwestern Energy $2,007.42 Various; Novus Windshield Repair $31.50 Su; NPPD $84,588.70 Various; NSA/POAN $130.00 Tr, Trn; NWA Air $188.50 Tr; O’Reilly $115.53 Inv; Office Depot $1,556.84 Various; Office Max $645.66 Su; Officenet $516.84 Various; Olsen, C $155.25 Tr; OMB Police Supply $2,595.00 Equip; Orscheln Farm $353.59 Various; Overhead Door $32.00 Rep; P.E.P. $45.00 Rep; Paper Direct $29.94 Su; Paramount Linen $292.08 Various; Park Inn Reg Lodge $146.12 Tr; Parking Lot Maint $225.00 Rep; Patterson, B $182.26 Pstg; Paul Otto Curb Grinding $81.00 Various; Paulsen $185,529.59 Serv; Payne Larson $4,000.00 Su; Petroleum Equip $248.70 Various; Pierson, Fitchett $3,730.00 Serv; Ping $114.17 Inv; Pioneer Mfg $67.65 Inv; Platte Valley Comm $15,959.80 Various; Platte Valley Glass $6.00 Su; Platte Valley State Bank $50.00 Ded; Preferred Mail $64.08 Pstge; Presto-X $318.50 Various; Prices Tree Service $1,465.00 Serv; Psota, C $23.54 Ref; Pueblo Chemical $5,650.49 Various; Quality Books $41.06 Bks; Radtke, P $40.00 Reim; Rasmussen, A $4.24 Ref; RdBldg Machine $704.44 Inv; Ready Mixed Concrete $6,673.74 Su; Reams Sprinkler $471.29 Rep; Recorded Books $89.25 Bks; Regional Books $487.50 Bks; Reinke’s Refrig $1,625.00 Rep; Reliable Office Supply $81.87 Equip; Reserve Account $6,000.00 Pstg; Respond First Aid System $341.55 Various; Riverside Animal Hospital $2,509.50 Serv; Roper Radiator Service $49.50 Su; Saddlerock One $15.19 Tr; Safety Vision $107.75 Inv; Sage, P $41.98 Cla; Sahling Kenworth $68.21 Inv; Salem Press $93.56 Bks; Sawyer, L $9.50 Reim; Schmitt, J $69.00 Tr; Schriner, S $11.50 Cla; See Clear Cleaning $1,800.00 Serv; Seeuthr Codi Hug $286.00 Reg; Sesna, T $325.16 Tr; SF Analytical Lab $180.00 Serv; Sheldon, S $13.13 Cla; Sherwin Williams $353.60 Various; Siemens Airfield Solutions $325.90 Su; Sign Center $162.00 Su; Sign Warehouse $887.90 Su; Silverman Aviation $30.09 Su; Simmerman Electric $97.40 Rep; Skeen Construction $3,032.98 Serv; Snap on Tools $5,995.00 Equip; Softspikes $506.81 Inv; Sprint $93.62 Serv; St of NE Dept of Aeronautics $370.00 Hangar Loan; Steffensmeier, J $265.92 Tr; Steinbrinks Landscaping $195.88 Su; Sterling Distributing $62.56 Su; Stocker, K $10.35 Tr; Super Shine Auto Wash $6.00 Rep; Superior Signals $34.80 Inv; Tamisiea, M $23.43 Ref; Target $40.05 Various; Tech Republic $158.00 Su; Technical Maintenance $557.07 Rep; TerraScan $10,885.00 Serv; Texaco $29.64 Su; Texas Refinery $746.24 Su; Thermos, T $5.00 Reim; Thompson, L $50.00 Rep; Thurston Htg $797.50 Rep; Tollefsen Elliott Lumber $398.91 Various; Towery, S $71.18 Ref; Tractor-Supply $593.79 Various; Tracy, K $105.80 Tr; Trade Well Pallet $1,200.00 Su; Turner Body Shop $780.00 Serv; U Save Foods $298.06 Various; UAP Pueblo $483.20 Su; Ultramax $1,846.00 Equip; Underground Const $427.00 Serv; Union Oil $9,041.50 Inv; Unique Books $5,129.28 Bks; Unisys $155.06 Su; United Air $640.00 Tr; United Distillers $334.87 Su; UNK-Multicultural Affairs $20.00 Reim; US Bank Corp $47,974.44 Various; US Filter Dist Group $2,207.74 Inv; USPS $78.43 Pstg; Van Ingen, L $22.49 Ref; VanDiest Supply $3,028.48 Rep; Village Cleaners $2,814.00 Various; W.S. Darley $1,035.95 Rep; Waldenbooks $80.00 Bks; Walgreens $51.05 Su; Walker, K $19.35 Ref; Walmart Supercenter $916.97 Various; Warehouse #4 $81.65 Su; Wellness Councils of America $76.80 Wellness Program; Wellness Works $20.00 Luncheon; West Group $2,441.75 Su; West Villa Animal Hospital $30.20 Serv; Westfall GMC $580.99 Inv; Wilke Donovan True Value Hardware $242.72 Various; Windstone $10,184.00 Serv; WPCI $317.50 Serv; Xerox $3,132.51 Various; Young, J $135.00 Tr; Zikmund, S $13.35 Ref; Zimmerman $655.90 Various; Payroll Ending 09-07-2002 -- $225,185.04.  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 October 8, 2002 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 T-Hangar Lease Agreement (“B” Series) between the Kearney Municipal Airport and Acme Aero and approve Resolution No. 2002-227.

 

RESOLUTION NO. 2002-227

 

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

            PASSED AND APPROVED THIS 24TH DAY OF SEPTEMBER, 2002.

 

                                                            PRESIDENT OF THE COUNCIL

                                                            AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

 

5.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the T-Hangar Lease Agreement (“B” Series) between the Kearney Municipal Airport and Jerry May and approve Resolution No. 2002-228.

 

RESOLUTION NO. 2002-228

 

BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the T-Hangar Lease Agreement (“B” Series), on behalf of the City of

Kearney, Nebraska, with Jerry May, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 24TH DAY OF SEPTEMBER, 2002.

 

                                                                        PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

 

6.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the Grant Offer for Project 3-31-0045-10-2002 for the installation of perimeter fencing; acquiring SRE snowplow and snowblower; rehabilitate [mark] Runway 18/36 and 13/31 to meet current Part 139 marking standards per AC 5340-1H, Change 1 and approve Resolution No. 2002-229.

 

RESOLUTION NO. 2002-229

 

            WHEREAS, the City of Kearney, Nebraska has submitted to the FAA a Project Application dated August 23, 2002 for a grant of federal funds for a project at or associated with the Kearney Municipal Airport; and

            WHEREAS, the FAA has approved a project for the Airport consisting of the installation of perimeter fencing; acquiring SRE snowplow and snowblower; rehabilitate [mark] Runway 18/36 and 13/31 to meet current Part 139 marking standards per AC 5340-1H, Change 1.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President, on behalf of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute Grant Agreement for Project No. 3-31-0045-010-2002 between the Federal Aviation Administration and the City of Kearney, a copy marked Exhibit “A” is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 24TH DAY OF SEPTEMBER, 2002.

 

                                                            PRESIDENT OF THE COUNCIL

                                                            AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

 

7.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the bids received for the purchase of a Rotary Snow Plow with Carrier Vehicle AND a Displacement Snow Plow with Carrier Vehicle and Material Spreader and approve Resolution No. 2002-230 awarding the bid to Road Builders Machinery & Supply Co., Inc of Omaha, Nebraska in the amount of $345,971.00 for the Rotary Snow Plow with Carrier Vehicle and $254,115.00 for the Displacement Snow Plow with Carrier Vehicle and Material Spreader subject to FAA and NDA concurrence and acceptance.

 

RESOLUTION NO. 2002-230

 

BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the bid submitted by Road Builders Machinery & Supply Company in the amount of $345,971.00 for the purchase of a Rotary Snow Plow with Carrier Vehicle AND a Displacement Snow Plow with Carrier Vehicle and Material Spreader in the amount of $254,115.00 be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 24TH DAY OF SEPTEMBER, 2002.

 

                                                            PRESIDENT OF THE COUNCIL

                                                            AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

 

8.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the bids received for the installation of airport security fence and approve Resolution No. 2002-231 awarding the bid to American Fence Company in the amount of $99,805.35 for the base bid and $19,125.00 for Alternate 1.

 

RESOLUTION NO. 2002-231

 

BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the bid submitted by American Fence Company in the amount of $99,805.35 for the purchase of airport security access control fencing AND the purchase of three (3) gate operators in the amount of $19,125.00 be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 24TH DAY OF SEPTEMBER, 2002.

 

                                                                        PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

 

9.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the increase of the fuel flowage fee from 4¢ per gallon to 5¢ per gallon and approve Resolution No. 2002-232.

 

RESOLUTION NO. 2002-232

 

            WHEREAS, the Kearney Municipal Airport Corporation has in place a fuel flowage fee which was last increased in June of 1999; and

            WHEREAS, the fuel flowage fee is based on the total number of gallons transferred to aircraft at the Kearney Municipal Airport; and

            WHEREAS, Administration has recommended increasing the fuel flowage fee from four cents (4¢) per gallon to five cents (5¢) per gallon.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the recommendation of the Airport Advisory Board increasing the fuel flowage fee from four cents (4¢) per gallon to five cents (5¢) per gallon be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 24TH DAY OF SEPTEMBER, 2002.

 

                                                            PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

 

10.        Approve the recommendation from the Mayor on the appointment of Dan Bahensky to serve on the Library Advisory Board.

 

11.        Approve the request submitted by Huss Platte Valley Auction to renew their permit to have a manufactured home for security purposes at 1202 West 19th Street until January 2003.

 

12.        Approve the request submitted by Anna Feddersen, Life Chain Coordinator, to sponsor a Life Chain on Sunday, October 6, 2002 from 2:00 p.m. until 3:00 p.m. on the sidewalk on the west side of 2nd Avenue from 26th Street to 39th Street.

 

13.        Approve Change Order No. 1 showing a decrease in the amount of $5,200.00, Application and Certificate for Payment No. 11-Final in the amount of $124,150.00, and the Certificate of Substantial Completion submitted by CB&I Constructors for the Elevated Water Storage located on the north side of 48th Street and west of Target and approve Resolution No. 2002-233.

 

RESOLUTION NO. 2002-233

 

WHEREAS, Chicago Bridge & Iron has performed services in connection with the Elevated Water Storage Facility located on the north side of 48th Street and west of Target, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $5,200.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 11-Final in the amount of $124,150.00 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,679,000.00

Change Order No. 1 (9-24-2002)

-       5,200.00

 

 

Contract Sum To Date

1,673,800.00

Gross Amount Due

1,673,800.00

Retainage

.00

Amount Due to Date

1,673,800.00

Less Previous Certificates for Payment

  1,649,650.00

Current Payment Due

$   124,500.00

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of August 30, 2002, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            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”, Application and Certificate for Payment No. 11-Final, as shown on Exhibit “B”, and the Certificate of Final Completion as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 24TH DAY OF SEPTEMBER, 2002.

 

                                                             PRESIDENT OF THE COUNCIL

                                                             AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

 

14.        Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and Bob Nordhues for Grandview Estates Seventh Addition and approve Resolution No. 2002-234.

 

RESOLUTION NO. 2002-234

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Grandview Estates Seventh Addition Developer Constructed Infrastructure Agreement”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Bob Nordhues, be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to file the said Agreement with the Buffalo County Register of Deeds.

            PASSED AND APPROVED THIS 24TH DAY OF SEPTEMBER, 2002.

 

                                                                        PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

 

15.        Approve the request submitted by Susan Underhill to extend Conditional Use Permit No. 79-06 to locate a Day Care at 2803 Avenue I for a period of one year.

 

16.        Approve the request submitted by St. Luke’s Episcopal Church to block off 23rd Street lying between 2nd Avenue and the alley, AND to block off the alley lying between 22nd Street and 24th Street west of 2nd Avenue and east of Central Elementary on October 4, 2002 beginning at 6:00 p.m.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 6913 – AMEND SECTIONS OF PLUMBING CODE OF KEARNEY CITY CODE

 

At the last City Council meeting held on September 10, 2002 the City Council passed Ordinance No. 6912 to increase the Building, Plumbing, Electrical permit and licensing fees in order to meet projected revenues set forth in the 2002-2003 City Budget.  Inadvertently, in the Ordinance we neglected to include the adjustments to the Plumbing License, Registration, and Examination Fees.

 

As part of the 2002-2003 City Budget process the Public Works Department conducted a comparison of other First Class City permit fees with our permit fees. The results of this comparison show that Kearney fees are considerably lower in each category; Building Permits, Plumbing Permits, and Electrical Permits.  Upon further review, it was discovered that Building, Plumbing, and Electrical permit fees have not been increased since April of 1988.  Therefore, as with the permit fees, administration is requesting approval from the Council to adjust the Plumbing License, Registration, and Exam fees.

 

The Director of Finance has included the proposed adjustment to the current Plumbing License, Registration, and Examination Fees in the 2002-2003 budget.  Although the adjustment increases the current fee amount, the fees have not been increased for approximately 14 years.  The proposed fees are still considerably lower than communities comparable to the size of Kearney.

 

Council Member Buschkoetter introduced Ordinance No. 6913, being Subsection 1 of Agenda Item V to amend the following sections in division III “Licensing and Regulation of Plumbers” of Article 10 “Plumbing Code” of Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska: to amend Section 9-1043 “License Fees” to increase the license fees for plumbers; Section 9-1044 “Application for Registration” to increase the registration fee for plumbers; and Section 9-1049 “Issuance of License” to increase the examination fee for plumbers, 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 Blankenship 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: Kotsiopulos, Blankenship, Buschkoetter, Kearney, Zapata.  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. 6913 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kotsiopulos, Blankenship, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Zapata that Ordinance No. 6913 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6913 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. 6914 – AMEND SECTION 8-914 OF KEARNEY CITY CODE

 

City Code provides that a vehicle can receive three courtesy parking tickets per calendar year for violating the two-hour parking areas in the Downtown Kearney Centre.  The courtesy parking ticket section of the code was set up to benefit patrons visiting the Downtown Kearney Centre who may be unfamiliar with the parking restrictions.  Currently, every person who violates the two-hour parking provisions four or more times during the calendar year shall be issued an official parking citation for the fourth and each subsequent violation and shall be subject to penalties.

 

Employees of downtown businesses are the most frequent violators of downtown parking restrictions.  Many employees know that they can get three courtesy tickets before actually receiving a ticket.  These individuals use the parking spots until getting caught will cost them money.

 

At their most recent meeting, the members of the Downtown Improvement Board discussed reducing the number of courtesy parking tickets from three to one per calendar year.  The Board members all agreed that this would be beneficial in terms of addressing the problem but not penalizing the customer who might forget or is not familiar with different parking areas.

 

This proposal would also save the Kearney Police Department time in entering the courtesy tickets and periodically updating the list that the Community Service Officers have with respect to whether a vehicle receives a courtesy or parking ticket.  It will still give visitors and Kearney citizens a second chance from receiving a penalty.  The proposed change to the Code would take effect on January 1, 2003 and should not negatively impact the use of customer parking in the Downtown Kearney Centre.

 

Council Member Buschkoetter introduced Ordinance No. 6914, being Subsection 2 of Agenda Item V to amend Section 8-914 “Two-Hour Parking; Courtesy Parking Tickers” of Article 9 “Stopping, Standing and Parking” of Chapter 8 “Police” to reduce the number of courtesy parking tickets issued per calendar year, 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 Blankenship 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: Kotsiopulos, Blankenship, Buschkoetter, Kearney, Zapata.  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. 6914 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kotsiopulos, Blankenship, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Zapata that Ordinance No. 6914 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6914 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. 6899 – VACATE ALLEY WEST OF PLAZA BOULEVARD AND NORTH OF WEST VILLA DRIVE

 

ORDINANCE NO. 6899 – Vacate the 20-foot wide alley lying between Lots 1 through 12, inclusive, of Block 1, Kearney Plaza Sixth Addition to the City of Kearney, Buffalo County, Nebraska (west of Plaza Boulevard and north of West Villa Drive) remained on the table.

 

GRANT APPLICATION – HARMON PARK TENNIS PLAZA

 

Mayor Kotsiopulos opened for discussion the request from the Park and Recreation Department in submitting an Application to the Nebraska Game and Parks Commission Land and Water Conservation Fund to replace the existing deteriorated tennis courts, the addition of an ADA restroom/storage/concession building and associated landscaping and continue Resolution No. 2002-235.

 

Neal Lewis, Director of Park & Recreation presented this matter to the Council.  The Harmon Park Tennis Plaza renovation project is funded in the 2002-2003 budget.  The Nebraska Game and Parks Commission and U.S. Department of Interior have an outdoor recreation facility grant process that we can apply for 50% of the cost of a park project.  Administration is proposing applying for a Land and Water Conservation Grant for the Harmon Park Tennis Plaza renovation.  The grant would be $175,000 – one half of the cost of the project.

 

The City has utilized Land and Water Conservation Fund Grants for a number of park projects.  Harvey Park, Collins Park ballfield, Oldfather Prairie and, most recently, the West Lincolnway Park expansion.  The Harmon Park Tennis Plaza renovation would be a worthy project and the funding would provide a significant saving.

 

Moved by Zapata seconded by Kotsiopulos to approve the request from the Park and Recreation Department in submitting an Application to the Nebraska Game and Parks Commission Land and Water Conservation Fund to replace the existing deteriorated tennis courts, the addition of an ADA restroom/storage/concession building and associated landscaping and approve Resolution No. 2002-235.  Roll call resulted as follows:  Aye: Kotsiopulos, Kearney, Zapata, Blankenship, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2002-235

 

            WHEREAS, the City of Kearney, Nebraska purposes to apply for federal assistance from the Land and Water Conservation Fund program for the purpose of renovating the Harmon Park Tennis Plaza; and

            WHEREAS, the Mayor is authorized to sign documents to obtain financial assistance, including a Project Agreement with the State of Nebraska and the National Park Service; and

            WHEREAS, the City of Kearney, Nebraska will, within thirty (30) days following federal approval, obtain the necessary consultant or appraisal services for this project as directed and as required by the Nebraska Game and Parks Commission (NGPC) staff; and

WHEREAS, the City of Kearney, Nebraska has budgeted or currently has available its 50% share of the proposed total project funds and will allocate these funds toward this project upon project approval by the NGPC; and

WHEREAS, the City of Kearney, Nebraska has also the financial capability to operate and maintain the completed project and park property in a safe, attractive and sanitary manner; and

WHEREAS, the City of Kearney, Nebraska will not discriminate against any person on the basis of race, color, age, religion, handicap, sex or national origin in the use of any property or facility acquired or developed pursuant to the project proposal, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, P.O. 88-354 (1964), and any of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17; and

WHEREAS, no property acquired and/or developed under this project shall, without the approval of the Nebraska Game and Parks Commission and the Secretary of the Interior, be converted to non-public outdoor recreation uses.  And, such approval may be granted only if it is in accord with the then existing Statewide Comprehensive Outdoor Recreation Plan (SCORP), and only upon such conditions as deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location; and

WHEREAS, the City of Kearney, Nebraska will replace the land in the event of a conversion in use in accordance with Section 6(f)(3) of Land and Water Conservation Fund Act of 1965, as amended; and

WHEREAS, the City of Kearney, Nebraska, agrees to comply with all State and Federal requirements and standards where they can be applied in making the facilities developed under this project, and all future projects, accessible to and usable by the disabled.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that Administration be and is hereby authorized and directed to proceed with filing the application for Land and Water Conservation Funds for the renovation of the Harmon Park Tennis Plaza.

            BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized and directed to execute the application.

            PASSED AND APPROVED THIS 24TH DAY OF SEPTEMBER, 2002.

 

                                                                        PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

 

ORDINANCE NO. 6915 - PROMISSORY NOTE OF $607,361 FOR THE PAYMENT OF CLAIMS AGAINST THE CITY RELATING TO CAPITAL EXPENDITURES FOR PARK IMPROVEMENT PURPOSES

 

Wendell Wessels, Director of Finance presented this to the Council.  On September 10, 2002, the City Council approved the 2002-2003 City of Kearney budget document after a public hearing.  Included in the 2002-2003 budget document is a transfer of $607,361.00 from the Water Retained Revenues Fund to the Park & Recreation Development Fund.  The purpose of the transfer is to reduce the property tax requirement and to provide funding for the Harmon Park Activity Center restrooms ($125,000.00), the West Lincolnway Park ballfield lights ($92,361.00), the Harmon Park tennis courts ($350,000.00), and the Dryden Park ballfield lights ($40,000.00).

 

At the City Council budget workshop held on July 9, 2002, the City Council directed administration to draft a formal promissory note that would specify the terms and conditions of the transfer. By state law, the term of the loan cannot exceed two years, however, since the intention of the Council is to repay the loan over a fifteen-year period, the loan will be renewable every two years.  The interest rate is three percent.  The annual payment will be $50,876.55 and the final payment will be October 1, 2017.

 

Richard Pedersen, an attorney with the Baird Holm Law Firm located in Omaha, has drafted the ordinance in accordance with state and federal laws governing such loan arrangements.  Mr. Pedersen is the City of Kearney’s bond counsel and is very familiar with State and Federal regulations regarding these matters.

 

The City will be required to budget $50,876.55 annually over the next fifteen years in order to repay the loan back to the Water Retained Revenues Fund.  As discussed at the July 9, 2002 City Council budget workshop, the annual payment will be subject to the provisions of the 2½ percent spending lid.

 

Council Member Kotsiopulos introduced Ordinance No. 6915, being Subsection 3 of Agenda Item VI an Ordinance providing for the issuance of a Promissory Note in the amount of $607,361 for the payment of claims against the City relating to capital expenditures for park improvement purposes; agreeing to pay the notes and accrued interest from funds collected or to be collected upon current or subsequent tax levy and ordering the publication of the ordinance in pamphlet form, 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: Kotsiopulos, Kearney, Zapata, Blankenship, 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. 6915 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kotsiopulos, Kearney, Zapata, Blankenship, Buschkoetter.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Kearney seconded by Buschkoetter that Ordinance No. 6915 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6915 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 --      WARD LABORATORIES -- $216.00

 

Moved by Buschkoetter seconded by Blankenship that Open Account Claims in the amount of $216.00 payable to Ward Laboratories be allowed.  Roll call resulted as follows:  Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata.  Nay: None.  Blankenship abstained.  Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Blankenship seconded by Zapata that Council adjourn at 8:25 p.m.  Roll call resulted as follows:  Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship.  Nay: None.  Motion carried.

 

                                                                        PETER G. KOTSIOPULOS

                                                                        PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK