Kearney, Nebraska
September 28, 2004
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 28, 2004 in
the Council Chambers at City Hall. This meeting adjourned at 7:46
p.m. A meeting of the City Council of Kearney, Nebraska, was then
convened in open and public session at 7:47 p.m. in the Council Chambers at
City Hall. Present were: Bruce L. Blankenship, President of the
Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter,
Stan Clouse, Galen Hadley, Don Kearney. 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:
Bobby Turner, Davin Jones, Cindi Priesendorf, Becky Dierks, Henry Brisbin,
Kathy Brisbin, Terry Gibbs, several Boy Scouts from Troop 139.
Notice of the meeting was given
in advance thereof by publication in the Kearney Hub, the designated method for
giving notice, a copy of the proof of publication being attached to these
minutes. Advance notice of the meeting was also given to the City Council
and a copy of their acknowledgment or receipt of such notice is attached to
these minutes. Availability of the Agenda was communicated in the advance
notice and in the notice to the Mayor and City Council. All proceedings
hereafter shown were taken while the meeting was open to the attendance of the
public.
I. ROUTINE BUSINESS
INVOCATION
Reverend Ken Fairbrother from
Countryside Christian Church provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scout Daniel Gibbs led the
Council members and audience in the Pledge of Allegiance. Also present from
Troop 139 were Daniel Bechtold, Anthony Antillion, Adam Weides, Brett Schutte,
Jordan Potthoff, Eric Wessels, Zach Reese.
RECOGNITION
Mayor Blankenship and Council
Members recognized Henry Brisbin for 20 years of service with the Public
Works/Transportation Division. He was presented a Resolution of commendation.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
DOME LOUNGE CATERING LICENSE
Mayor Blankenship opened the
public hearing on the application for a Catering License submitted by BAR D,
LLC, dba “Dome Lounge” in connection with their Class “C-39227” Liquor License
located at 2321 Avenue K.
There was no one present to
address this matter with the Council. Mayor Blankenship suggested tabling this
hearing until October 12, 2004.
Moved by Clouse seconded by
Hadley to table the hearing on the application for a Catering License submitted
by BAR D, LLC, dba “Dome Lounge” in connection with their Class “C-39227”
Liquor License located at 2321 Avenue K until October 12, 2004. Roll call
resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
IV. CONSENT AGENDA
Moved by Hadley seconded by
Buschkoetter that Subsection 19 of Consent Agenda Item IV be approved.
Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley.
Nay: None. Clouse abstaining. Motion carried.
19.
Approve the Professional Retail Operations Agreement between the City of
Kearney and Nebraska Public Power District and approve Resolution No. 2004-184.
RESOLUTION NO.
2004-184
WHEREAS, the City of Kearney owns its electric distribution system; and
WHEREAS, the Professional Retail Operations Agreement between the City of
Kearney and Nebraska Public Power District (NPPD) was last renewed on July 12,
1989; and
WHEREAS, over the past several months NPPD, the City of Kearney, and other
customer cities have negotiated new provisions for the Professional Retail
Operations Agreement, a copy marked as Exhibit “A” is 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, that the Professional Retail Operations Agreement be and is
hereby approved.
BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized and directed
to execute the said Agreement on behalf of the City of Kearney.
PASSED AND APPROVED THIS 28TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
Moved by Buschkoetter seconded by Blankenship that
Subsections 1 through 18, 20, and 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 September 14, 2004.
2.
Approve the following Claims: Abletronics $140.03 Su; Ace Hardware $244.97
Various; ACME Air 2000 $399.38 Su; Advance Auto Parts $3.97 Su; Air Cleaning
Tech $824.92 Rep; Alamar Uniforms $7,927.05 Cla; Alltel $2,474.86 Various; Amazon
$35.97 Bks; Amer Airworks $1,034.16 Su; Amer Electric $860.04 Su; Amoco Oil
$27.08 Su; AMZ Superstore $26.42 Bks; Andersen Wrecking $215.00 Inv; Arizona
Mfg $448.50 Su; Art Today $39.95 Su; Ask Supply $198.64 Su; AT&T $202.60
Serv; Atco Mfg $145.91 Su; Auto Glass $418.37 Inv; Baker & Taylor $1,841.10
Various; Barker Rinker Seacat $9,651.26 Serv; Barney Abstract $100.00 Serv; BBC
Audiobooks $8.00 Bks; BBW Env $180.00 Reg; Berke, N $35.00 CDL; Bernan $44.00
Bks; Best Lock $578.69 Su; Blackburn Mfg $42.46 Inv; BlueCross BlueShield
$68,524.38 Claims; Bob's Super Store $6.95 Serv; Boogaarts $0.99 Su; Books on
Tape $490.61 Bks; Bosselman $14,875.95 Various; Brown Traffic $18.33 Su; Buffalo
Co Court $573.06 Serv; Buggy Bath $14.50 Rep; Builders $5,741.67 Various; Bushmaster
Firearms $157.32 Su; Butler Voigt & Stewart $357.00 Serv; C & D
Publications $100.00 Bks; Cash Wa $3,779.50 Various; Cenex Ampride $29.00 Su; Centaur
$369.95 Su; Central Fire $36.75 Rep; Central Hydraulic $4,441.83 Various; Chesterman
$1,616.00 Various; Chevron $19.00 Su; City of Ky $10,595.56 Various; Clifford
of Vermont $149.61 Su; Co Retail $23.10 Su; College Savings Plan of NE $65.00
Ded; Communication Action Partnership $16,005.00 Equip; Construction Rental
$174.03 Various; Control Masters $3,643.72 Various; Cook, J $172.00 Tr; Copycat
$1,329.29 Various; Cornhusker Hotel $97.90 Tr; Cornhusker Int'l Trucks $116.64
Inv; Crossroads Ford $367.45 Various; Culligan $627.90 Various; Cummins Great
Plains $215.00 Rep; Central Valley Irrigation $39.67 Rep; Dannehl Feed $92.14
Su; Davis Sun Turf $127.22 Rep; Dawson Co PPD $25,234.29 Serv; Dawson Co
Sheriff's Dept $20.00 Serv; Dell $5,597.04 Equip; Deterdings $57.88 Su; Development
Council $15,000.00 Serv; Diamond Vogel Paints $42.64 Su; Diesel Power Equip $25.73
Inv; Display Sales $2,012.50 Su; Diverse Media $34.22 Bks; DPC $5,064.23 Su; Dreyer,
D $275.93 Various; Eakes $915.74 Various; Earl May $5.99 Inv; EDM Equip
$1,283.10 Rep; Eileen's Colossal Cookie $30.25 Su; Elliott $1,289.00 Various; Expedia
Service Fees $24.99 Tr; Fairbanks Int'l $345.06 Inv; Farmers Union $1,278.74
Su; Fastenal $473.68 Various; Fearnley, M $42.78 Tr; Fedex $35.57 Pstg; Flying
J/CFJ $29.75 Su; Flynn, B $198.25 Tr; Frame Shop $66.00 Su; Freburg, N $184.62
Ded; Fredrickson Construction $4,304.00 Serv; Fremont Nat'l Bank $34,564.27
Various; Frontier $8,321.18 Serv; Fyr-Tek $739.80 Rep; Galls $85.61 Su; Garrett
Tires $491.25 Inv; Gary's I-80 $560.00 Serv; Gas N Shop $22.00 Su; Gear for
Sports $4,155.42 Inv; Gen Traffic Controls $1,169.31 Su; Golf Course
Superintendent $300.00 Reg; Gordon's $210.62 Serv; Graham Tire $258.23 Inv; Grainger.Com
$24.39 Su; Great Plains Safety & Health $7,525.00 Serv; Grupe, B $64.29 Tr;
Guideposts $33.88 Bks; H&G Cleaners $264.67 Serv; H&H Distributors $447.00
Su; HW Wilson Co $378.00 Bks; Hach $172.40 Su; Harbor Freight Tools $326.87 Su;
Hastings $60.00 Su; Heartland Mkt $179.98 Inv; Hobby Lobby $64.90 Su; Holiday
Stationstore $7.74 Su; Holmes Plbg $818.20 Su; Hotsy Equipment $49.00 Inv; Howard's
Glass $65.00 Rep; Howdys 2 $17.01 Su; ICMA $525.00 Dues; ICMA RC $3,146.21 Ded;
Infinisource $1,728.00 Ins; IRS $78,880.86 Taxes; Int'l Assoc of Elec
Inspectors $90.00 Dues; Int'l Code Council $171.74 Su; Intuit Software $80.83
Su; ISCO $905.00 Su; ISDN $14.95 Su; Jack Lederman Co $1,048.77 Various; Joel
for Hair $90.00 Su; Johnson Hardware $592.00 Su; Johnson Lawn & Landscape
$319.99 Su; K&K $45.30 Su; Kahle, A $102.75 Tr; Ky Centre Vac $12.78 Su; Ky
Clinic $35.00 Serv; Ky Concrete $2,513.87 Various; Ky Crete $140.93 Various; Ky
Glass $77.76 Su; Ky Implement $1,188.66 Various; Ky WLE $98.87 Su; Ky Yamaha
$1,389.63 Various; Ky Whse $132.99 Inv; Kelly Supply $147.50 Inv; Keough, J
$172.00 Tr; Kepler, J $21.21 Cla; Killion Motors $588.59 Inv; Kirkham Michael
$9,350.34 Serv; Kolar, J $25.44 Ref; Krepel, J $42.78 Tr; Kussmaul Electric
$115.44 Rep; Kwik Stop $8.94 Su; Laser Art Design $212.80 Su; Laughlin, K
$360.00 Ded; LARM $45,716.00 Prem; League of NE Municipalities $75.00 Tr; Lebsack,
A $40.00 Ref; Linweld $61.04 Various; Little Caesars $130.50 Su; Local
Equipment $725.24 Su; Logan Contractors $982.64 Su; Masters Leasing $152.55 Su;
M-B Companies $89,832.00 Equip; Menards $142.71 Su; MES $730.85 Various; MGS
Tech $24.42 Su; Microtel Inn $250.00 Tr; Mid America Pay Phones $100.00 Serv; Mid
American Spec $312.48 Equip; Mid-Land Equip $36.99 Su; Midland Telecom
$2,031.00 Rep; Mid-NE Lubricants $2,718.40 Serv; Mid-State Engineering $590.00
Serv; Midway Chevrolet $98.97 Inv; Midwest Laboratories $165.00 Serv; Midwest
Striping $1,100.00 Serv; Midwest Turf $444.03 Inv; Miller & Associates
$75,765.59 Serv; Miller Signs $240.00 Rep; Mini Mart $11.00 Su; Mitchell 1
$447.30 Various; Moody's Investor $4,000.00 Bonds; Morris Press $82.03 Rep; Mr.
Automotive $2,987.78 Various; MSA-Headquarters $1,170.00 Su; MSI $6,984.59
Fees; MTI Crucial Tech $113.99 Su; Municipal Supply $5,633.53 Various; MONA
$20,000.00 Econ Dev; Musil, J $172.00 Tr; Myron Mfg $148.24 Su; NAPA $4,586.16
Rep; Nat'l Paper Supply $253.33 Su; Nat'l Rec & Park $130.00 Su; Nat'l
Waterworks $8,827.67 Equip; NE Child Support $892.18 Ded; NE Crime Comm $3.00
Tr; NE Dept of Aeronautics $370.00 Loan; NE Dept of Revenue $50,694.85 Taxes; NE
Library Comm $6,000.00 Various; NE Machinery $2,864.12 Rep, Inv; NE State Bar
$175.00 Dues; NE State Historical Society $3,718.50 Keno; NE Truck Center
$326.36 Inv; NE Statewide Arboretum $50.00 Tr; NE Wine & Spirits $46.77 Su;
NEland Distributors $981.50 Su; New World Systems $1,120.00 Software; NLA/NEMA
$335.00 Tr; NLETC $50.00 Tr; Nogg Chemical $732.04 Inv; Northwestern $3,171.76
Serv; Office Depot $925.97 Various; Office Max $351.88 Various; Officenet
$96.33 Various; Old Home Bakery $19.00 Su; Olsen, C $18.63 Tr; Olsson
Associates $29,931.66 Serv; Omaha World Herald $689.96 Serv; O'Reilly $145.67
Various; Orscheln $1,422.05 Various; Pappas Telecasting $590.00 Serv; Paramount
Linen $550.30 Various; Park & Rec $70.00 Pc; Park Inn Regency $146.42 Tr; Pat's
Plbg $358.83 Rep; Patterson, B $145.69 Tr; Paz & Associates $13.90 Su; Petroleum
Equipment $333.09 Serv; Pitney Bowes $450.00 Serv; Platte Valley Comm
$13,772.01 Serv; Preferred Mail $330.22 Pstg; Presto-X $48.00 Rep; Prices Tree
Service $775.00 Serv; Profeel Video $1,043.55 Serv; Proquest Info $2,465.00
Bks; PRIMA $395.00 Su; Quality Books $657.01 Bks; Radio Shack $293.00 Su; Rainbow
Group $113.00 Su; Read Aloud NE $40.00 Tr; Ready Mix Concrete $9,840.55
Various; Reams Sprinkler Supply $1,715.78 Su; Recognition Unlimited $100.05 Su;
Recorded Books $5.95 Bks; Recovery Systems $26,687.20 Equip; Regional Books
$530.60 Bks; Reserve Acct $8,000.00 Pstg; Rich, T $422.28 Tr; Riverside Animal
Hospital $3,329.90 Serv; Roper's Radiator $100.00 Various; Saathoff, J $48.34
Various; Sahling Kenworth $5.30 Inv; Sampson Construction $36,540.00 Serv; Schwan's
$505.95 Su; Sears Dealer $124.98 Inv; Sears Roebuck $42.98 Su; See Clear
Cleaning $1,950.00 Serv; Seeuthr Codi $295.00 Su; Service Plus Lawn $100.00
Rep; Shell Oil $29.00 Su; Sherwin Williams $203.06 Various; Simmons Gun Special
$644.69 Su; Sixth Street Dev $69,180.00 Serv; Slope Meter $165.00 Inv; Solid
Waste Equip $12,463.00 Containers; Southeast Library System $25.00 Tr; Springer
Roofing $1,177.00 Rep; Sprint $184.20 Serv; State of NE HHS Lab $635.00 Su; Steinbrinks
$119.95 Su; Sterling Dist $48.15 Su; Super Shine $7.00 Su; T&S Sand $148.25
Su; T&B Cleaning $2,600.00 Serv; Terra Scan $776.00 Serv; Texas Refinery
$906.00 Su; Thompson, L $30.00 Rep; Thomson Gale $56.13 Bks; Tool Doctor $52.25
Various; Traces $380.00 Various; Tractor Supply $898.03 Various; Tri-City
Outdoor Power $332.93 Various; U Save Foods $221.50 Su; Underground
Construction $3,450.00 Serv; Union Oil $1,790.26 Inv; Unique Books $2,360.00
Bks; Unisys $156.41 Su; United Air $393.18 Tr; United Distillers $144.97 Su; Universal
Appl Parts $25.25 Inv; UPS $10.00 Inv; US Gov't Printing $16.25 Su; US
Postmaster $553.00 Pstg; USPS $179.53 Pstg; Valentino's $71.00 Su; Van Diest
Supply $34.56 Su; Varda $66.60 Equip; W&E $21.50 Su; Walgreen $10.39 Su; Walmart
$3,160.14 Various; Washington State Support $102.01 Ded; Weiss Ratings $195.95
Bks; Wespen Audio Visual $2,094.00 Equip; West Group $390.00 Su; Western
Security Services $45.00 Serv; Westfall $506.95 Various; Wiedel, G $297.28 Tr; Wiederspan,
R $208.67 Tr; Wilke Donovans $198.43 Su; Wilson & Co $4,000.00 Serv; World
Book $1,245.00 Bks; WPCI $239.00 Serv; WW Grainger $192.15 Inv; Xerox $90.25
Rep; Xrefer Limited $2,250.00 Bks; Yant Equipment $85.73 Inv; Payroll Ending
9-18-2004 -- $255,081.50. 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 12, 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 Tenant Use and Operations Agreement between the Kearney Municipal
Airport Corporation and Li’l Red Aero for Hangar T-923 and approve Resolution
No. 2004-175.
RESOLUTION NO.
2004-175
BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska,
that the President be and is hereby authorized and directed to execute the
Tenant Use and Operations Agreement on behalf of the City of Kearney, Nebraska,
with Li’l Red Aero for Hangar T-923, a copy of the Agreement, marked Exhibit
“1”, is attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 28TH DAY OF SEPTEMBER, 2004.
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 Fixed Base Operator Use and Operations Agreement between the
Kearney Municipal Airport Corporation and Midway Aviation, Inc. dba “Air
Midway” for the north 92’ 8” of Hangar T-926 and approve Resolution No.
2004-176.
RESOLUTION NO.
2004-176
BE IT RESOLVED by the President and Council of the City of Kearney, that the
President be and is hereby authorized and directed to execute the Fixed Base
Operator Use and Operations Agreement on behalf of the City of Kearney,
Nebraska, with Midway Aviation, dba Air Midway for the north 92’ 8” of Hangar
T-926, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made
a part hereof by reference.
PASSED AND APPROVED THIS 28TH DAY OF SEPTEMBER, 2004.
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 Tenant Use and Operations Agreement between the Kearney Municipal
Airport Corporation and Rodgers Helicopter Services for the south 50’ 4” of
Hangar T-926 and approve Resolution No. 2004-177.
RESOLUTION NO.
2004-177
BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska,
that the President be and is hereby authorized and directed to execute the
Tenant Use and Operations Agreement on behalf of the City of Kearney, Nebraska,
with Rodgers Helicopter Services for the south 50’ 4” of Hangar T-926, a copy
of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof
by reference.
PASSED AND APPROVED THIS 28TH DAY OF SEPTEMBER, 2004.
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 Fixed Base Operator Satellite Hangar Agreement between the
Kearney Municipal Airport Corporation and Midway Aviation, Inc. dba “Air
Midway” for Hangar T-385 and approve Resolution No. 2004-178.
RESOLUTION NO.
2004-178
BE IT RESOLVED by the President
and Council of the City of Kearney, that the President be and is hereby
authorized and directed to execute the Fixed Base Operator Satellite Hangar
Agreement on behalf of the City of Kearney, Nebraska, with Midway Aviation, dba
Air Midway for Hangar T-385, a copy of the Agreement, marked Exhibit “1”, is
attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 28TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
8.
Approve Change Order No. 1 for an increase in the amount of $860.00 submitted
by Johnson Lawn and Landscaping and approved by Miller & Associates for the
Landscaping & Irrigation System for the Kearney Area Recycling Center and
approve Resolution No. 2004-179.
RESOLUTION NO.
2004-179
WHEREAS, Johnson Lawn & Landscape has performed services in connection with
the Kearney Area Recycling Center Landscaping and Lawn Irrigation Work, and the
City's engineer, Miller & Associates, have filed with the City Clerk Change
Order No. 1 showing an increase in the amount of $860.00, as shown on Exhibit
“A” attached hereto and made a part hereof by reference and shown as follows:
|
Original Contract Sum
|
$39,550.00
|
|
Change Order No. 1 (9-28-2004)
|
+
860.00
|
|
|
|
|
Contract Sum To Date
|
$40,410.00
|
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 28TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
9.
Approve the application for a Special Designated License submitted by STEVE
& JONI PAULSEN, dba “Party Pros Catering” in connection with their Class
“D/K61563” Liquor License to dispense beer, wine and distilled spirits in the
Kearney Event Center, 609 Platte Road, on October 15, 2004 from 5:00 p.m. until
1:00 a.m.
10.
Approve the application for a Special Designated License submitted by STEVE
& JONI PAULSEN, dba “Party Pros Catering” in connection with their Class
“D/K61563” Liquor License to dispense beer, wine and distilled spirits in the
Great Platte River Road Memorial Archway Monument, 3060 East 1st Avenue, on
October 19, 2004 from 4:00 p.m. until 12:00 a.m.
11.
Approve the request submitted by the Kearney Police Department/Buffalo County
Sheriff Department to block off Avenue B from Railroad Street to 21st Street on
October 16, 2004 beginning at 7:00 a.m. through 5:00 p.m. for the annual
vehicle auction.
12.
Approve the request submitted by the Kearney Volunteer Fire Department to
display a banner across Central Avenue and 22nd Street from October 1, 2004
until October 10, 2004 for their annual pancake feed.
13.
Approve the Agreement with Hawthorne Jewelry to block off three parking spaces
in front of 2104 Central Avenue on October 9, 2004 beginning at 12:00 p.m.
(noon) until 5:30 p.m.
14.
Approve the Agreement with Betty Jane’s to use the sidewalk and to block off
two parking spaces in front of 2123 Central Avenue beginning at 7:00 a.m.
October 1, 2004 until 6:00 p.m. October 2, 2004 for “Harvest Party”.
15.
Approve Change Order No. 1 for an increase in the amount of $818.40 submitted
by Blessing, LLC and approved by Miller & Associates for the 2004 Part I
Improvements, Phase II consisting of Paving Improvement District No.
2004-885 for 30th Avenue from Highway 30 north to 31st Street and approve
Resolution No. 2004-180.
RESOLUTION NO.
2004-180
WHEREAS, Blessing, LLC has performed services in connection with the 2004 Part
I Improvements Phase II consisting of Paving Improvement District No. 2004-885
for 30th Avenue from Highway 30 north to 31st Street, and the City's engineer,
Miller & Associates, have filed with the City Clerk Change Order No. 1
showing an increase in the amount of $818.40 as shown on Exhibit “A” attached
hereto and made a part hereof by reference.
|
Original Contract Sum
|
$1,099,325.50
|
|
Change Order No. 1 (9-28-2004)
|
+
818.40
|
|
|
|
|
Contract Sum To Date
|
$1,100,143.90
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as
shown on Exhibit “A”, be and is hereby accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
16.
Authorize Administration to submit a Land and Water Conservation Fund Grant
Application for the construction of an ADA restroom facility at Dryden Park and
approve Resolution No. 2004-181.
RESOLUTION NO.
2004-181
BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska,
that:
1. The City of Kearney,
Nebraska proposes to apply for federal assistance from the Land and Water
Conservation Fund program for the purpose of constructing an ADA accessible restroom
facility in Dryden Park; and
2. The Mayor of the City of
Kearney is authorized to sign documents to obtain financial assistance,
including a Project Agreement with the State of Nebraska and the National Park
Service; and
3. 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 staff; and
4. The City of Kearney,
Nebraska has budgeted its 50% share of the proposed total project funds and
will allocate these funds toward this project upon project approval by the
Nebraska Game and Parks Commission; and
5.
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
6.
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.L. 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
7.
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 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
8.
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
9.
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.
PASSED AND APPROVED THIS 28TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
17.
Authorize Administration to apply for assistance from the Trail Development
Assistance Fund for the development of the southern loop trail at the E.K. and
Mary Yanney Heritage Park and approve Resolution No. 2004-182.
RESOLUTION NO.
2004-182
BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska
that:
1. The City of Kearney,
Nebraska proposes to apply for assistance from the Trail Development Assistance
Fund for the purposes described in the application and supporting documents;
and
2. Director of Park &
Recreation Neal Lewis has been appointed as Project Liaison Officer by the
project sponsor’s governing board as the principle local contact to work with
Game and Parks Commission staff and on all matters concerning the project and
that the Mayor shall be authorized and directed to execute all necessary
documents; and
3. The City of Kearney
currently has the 50% matching share of the total project cost identified on
the Application form and will provide the financial resources to operate and
maintain the completed project in a safe and attractive manner for the life of
the facility; and
4.
The City of Kearney will not discriminate against any person on the basis of
race, color, age, religion, handicap, sex, or national origin in offering the
project for public use; and
5.
The City of Kearney agrees to comply, where applicable and within the purview
of the law, with the American with Disabilities Act of 1991, as amended, by
making the project facilities accessible to, and usable by, the disabled.
PASSED AND APPROVED THIS 28TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
18.
Approve the Technical and Professional Services Contract between the City of
Kearney and Miller & Associates for Community Development Block Grant No.
04-PW-009 for grant administration services relating to the construction of the
St. Luke’s Child Care Facility and approve Resolution No. 2004-183.
RESOLUTION NO.
2004-183
WHEREAS, the City of Kearney was awarded a Community Development Block Grant in
July 2004 to assist St. Luke’s Good Samaritan Village with construction of a
child care facility; and
WHEREAS, the City of Kearney requested proposals from certified CDBG
administrators in Central Nebraska for grant administration services relating
to this project; and
WHEREAS, City staff and St. Luke’s staff reviewed the proposals and recommend
pursuing a contract with Miller & Associates of Kearney to provide grant
administration services.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that the President by and is hereby authorized and directed
to execute, on behalf of the City of Kearney, the Technical and Professional
Services Contract between the City of Kearney and Miller & Associates for
Community Development Block Grant No. 04-PW-009 for grant administration services
as set forth in the Contract. A copy of the said Contract, marked Exhibit “A”,
is attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 28TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
20.
Approve Change Order No. 1 for a decrease in the amount of $26,946.00 submitted
by Wilke Contracting and approved by Kirkham Michael for the construction of
the Cottonmill Trail Pedestrian Bridge to be located near the Archway Monument
and approve Resolution No. 2004-185.
RESOLUTION NO.
2004-185
WHEREAS, Wilke Contracting of Kearney, Nebraska was considered the lowest
responsible bidder for the construction of the Cottonmill Trail Pedestrian
Bridge to be located near the Archway Monument; and
WHEREAS, on September 14, 2004, the City Council awarded the bid for the
construction of the Cottonmill Trail Pedestrian Bridge to be located near the
Archway Monument to Wilke Contracting subject to the City receiving a change
order decreasing the amount of the contract to bring the contract amount in
line with the available City funds; and further stipulated that no construction
shall begin until such time as the change order is approved by the City
Council; and
WHEREAS, Wilke Contracting and the City's engineer, Kirkham Michael Consulting
Engineers, have filed with the City Clerk Change Order No. 1 showing a decrease
in the amount of $26,946.00 as shown on Exhibit “A” attached hereto and made a
part hereof by reference:
|
Original Contract Sum
|
$258,165.15
|
|
Change Order No. 1 (9-28-2004)
|
- 26, 946.00
|
|
Contract Sum To Date
|
$231,219.15
|
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 28TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
21.
Approve the application for a Special Designated License submitted by LEROY
SMITH AND BARBARA YENDRA, dba “George Spencer Vineyard” in connection with
their Class “M-62962/K-62963” liquor license to dispense and sale wine in the
Exhibit Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on
October 21, 2004 from 9:00 a.m. until 3:00 p.m.
V. CONSENT AGENDA
ORDINANCES
ORDINANCE NO. 7120 – REPEAL
ORDINANCE NO. 7106 AND SELL PORTION OF KEEN’S PARK ADDITION
On August 10, 2004 the Council
passed and approved Ordinance No. 7106 which sold the west half of Lot 89, all
of Lot 90, the east half of Lot 91, all in Keen’s Park Addition to the City of
Kearney, Buffalo County, Nebraska to Farmers Union Co-Operative Association of
Kearney, Nebraska. Administration determined there was an error in the
requirement of the publication of the notice. In order to correct this matter
and to publish the notice according to law, the Council will need to repeal the
ordinance and create a new ordinance.
Council Member Blankenship introduced
Ordinance No. 7120, being Subsection 1 of Agenda Item V to repeal Ordinance No.
7106 and to sell the west half of Lot 89, all of Lot 90, the east half of Lot
91, all in Keen’s Park Addition to the City of Kearney, Buffalo County,
Nebraska to Farmers Union Co-Operative Association of Kearney, Nebraska, and
moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage
on the same day upon reading by number only, and then placed on final passage
and that the City Clerk be permitted to call out the number of the ordinance on
its first reading and then upon its final passage. Council Member Kearney
seconded the motion to suspend the rules. President of the Council asked
for discussion or if anyone in the audience was interested in the
ordinance. No one responded. Clerk called the roll which resulted
as follows: Aye: Blankenship, 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. 7120 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 Kearney seconded by
Clouse that Ordinance No. 7120 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. 7120 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. 7121 – REPEAL
ORDINANCE NO. 7119 AND TO AMEND SECTION 7-301 “SALE OF LOTS; PURCHASE PRICE”
On September 14, 2004 the Council
passed and approved Ordinance No. 7119 amending Section 7-301 “Sale of Lots;
Purchase Price” of Article 7 “Cemeteries” of Chapter 7 “Park and Recreation” to
adjust the fees at the Cemetery accordingly. Administration determined that an
error was found in the ordinance on the time of “Late weekday overtime – after
4:00 p.m. Monday through Friday”. The time needs to reflect 3:30 p.m. and as
further defined in the Cemetery Rules and Regulations
Council Member Blankenship
introduced Ordinance No. 7121, being Subsection 2 of Agenda Item V to repeal
Ordinance No. 7119 and to amend Section 7-301 “Sale of Lots; Purchase Price” of
Article 7 “Cemeteries” of Chapter 7 “Park and Recreation” to adjust the fees at
the Cemetery accordingly, and moved that the statutory rules requiring
ordinances to be read by title on three different days be suspended and said
ordinances be considered for passage on the same day upon reading by number
only, and then placed on final passage and that the City Clerk be permitted to
call out the number of the ordinance on its first reading and then upon its
final passage. Council Member Kearney seconded the motion to suspend the
rules. President of the Council asked for discussion or if anyone in the
audience was interested in the ordinance. No one responded. Clerk
called the roll which resulted as follows: Aye: Blankenship,
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.
7121 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 Kearney seconded by
Hadley that Ordinance No. 7121 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. 7121 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
AWARD BID FOR 2004 PART I
IMPROVEMENTS, PHASE IV
Mayor Blankenship opened for
discussion the bids received for the 2004 Part I Improvements, Phase IV
consisting Paving Improvement District No. 2004-885 for 30th Avenue from
Highway 30 south to LaCrosse Road and to consider approval of Resolution No.
2004-186 awarding the bid to Paulsen, Inc. in the amount of $776,763.00 and to
consider approval of Change Order No. 1 for a decrease in the amount of
$128,000.00.
Kent Cordes from Miller &
Associates presented this matter to the Council. At the August 24, 2004 Council
meeting, the City Council approved the plans and specifications for the 2004
Part I Improvements, Phase IV which includes the reconstruction of 30th Avenue
between Highway 30 and LaCrosse Drive.
Sealed bids for the 2004 Part I
Improvements, Phase IV were received on Wednesday, September 15, 2004 at 2:00
p.m. The following were the bids received:
|
Bidder
|
Bid
|
|
Paulsen, Inc., Cozad, NE
|
$776,763.00
|
|
Blessing, LLC, Kearney, NE
|
$865,870.00
|
The Engineer’s Opinion of Probable
Construction Cost was $704,913.50. The low bid from Paulsen, Inc. is over
the Engineer’s Opinion of Probable Construction Cost. Most of the
difference was in the items to grove and tape the lane markings for all of 30th
Avenue between LaCrosse Drive and 39th Street. Upon further evaluation,
the City Staff does not believe this to be a cost effective method of lane
marking for this project and has requested that these items be removed from the
project. If these items are removed from both bids and the engineers
estimate the low bidder would be Paulsen, Inc. and their adjusted bid would be
$648,763.00. This amount is 4% below the adjusted Engineers Opinion of
Probable Construction Costs. The contractor’s completion date for this
contract is December 31, 2004.
In evaluating the bids, the cost
of some pavement marking was high and they looked at eliminating that item from
the bids and the Engineer’s Estimate. When they did that Paulsen, Inc.
was four percent below the Engineer’s Probable Opinion of Construction Costs,
which is reflected in the $128,000.00 change order deduction. The item
that was eliminated was the cost of grooving the road and placing tape so that
when the snowplows clear the roads they do not snag the tape, causing it to be
frequently replaced. Paint also wears away and has to be frequently
reapplied. It was determined that the paint could be redone a number of
times at a substantially lower cost than the groove and tape process.
Moved by Clouse seconded by
Hadley to approve the bids received for the 2004 Part I Improvements, Phase
IV consisting Paving Improvement District No. 2004-885 for 30th Avenue from
Highway 30 south to LaCrosse Road and approve Resolution No. 2004-186 awarding
the bid to Paulsen, Inc. in the amount of $776,763.00 and to approve Change
Order No. 1 for a decrease in the amount of $128,000.00. Roll call
resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.
Nay: None. Motion carried.
RESOLUTION NO.
2004-186
WHEREAS, Miller & Associates and the City of Kearney have reviewed the
sealed bids which were opened on September 15, 2004, at 2:00 p.m. for the 2004
Part I Improvements – Phase IV consisting of Paving Improvement District
No. 2004-885 for 30th Avenue from Highway 30 south to LaCrosse Road; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project
was $704,913.50; and
WHEREAS, the said engineers have
recommended the bid offered by Paulsen, Inc. of Cozad, Nebraska in the sum of
$776,763.00 be accepted as the lowest responsible bid; and
WHEREAS, Administration
recommends accepting the bid submitted by Paulsen, Inc. of Cozad, Nebraska
subject to the City approving Change Order No. 1 for a decrease in the amount
of $128,000.00, as provided in the contract as follows:
|
Original Contract Price
|
$776,763.00
|
|
Change Order No. 1 (9-28-2004)
|
- 128,000.00
|
|
New Contract Price
|
$648,763.00
|
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska that the Engineers recommendation is hereby accepted and
approved, that Paulsen, Inc. of Cozad, Nebraska be and is the lowest
responsible bidder for the 2004 Part I Improvements – Phase IV
consisting of Paving Improvement District No. 2004-885 for 30th Avenue from
Highway 30 south to LaCrosse Road, to be constructed in accordance with the
plans and specifications on file with the City Clerk and that the bid of
Paulsen, Inc. of Cozad, Nebraska in the sum of $776,763.00 be and is hereby
accepted.
BE IT FURTHER RESOLVED that Change Order No. 1 for a decrease in the amount of
$128,000.00 be and is hereby accepted and approved.
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
2004 Part I Improvements – Phase IV in the amount of $704,913.50 be and is
hereby accepted.
BE IT FURTHER RESOLVED that the
President of the Council of the City of Kearney, Nebraska, be and is hereby
authorized and directed to execute contracts for such improvements in
accordance with the bid, plans, specifications, and general stipulations
pertaining thereto.
PASSED AND APPROVED THIS 28TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
ORDINANCE NO. 7122 – CREATE PAVING
DISTRICT NO. 2004-890
Regular Agenda Items 2, 3, 4, and
5 were discussed and voted on together. Chapter 16 of the Nebraska Revised
Statutes spells out the rules by which paving, water, and sewer districts may
be created in public entities. Basically, the Council has the power to
create districts and make improvements and assess the costs to the property
which is benefited by the improvements.
After such a district has been
requested, the Mayor and Council by ordinance shall create districts according
to Sections 16-619 and 16-667 of the Nebraska Revised Statutes. At that
time, the City must publish notice of the creation of the district one time
each week for not less than 20 days in a daily or weekly newspaper of general
circulation in the City. After publication, if the owners of the record
title representing more than 50% of the front footage of the property abutting
or adjoining any continuous or extending improvements objects in writing within
20 days (30 days for water and sewer) from the first publication of said notice
the work will not be done. If objections are not filed against the
district in a timely manner which meets the law, the Mayor and Council shall
proceed to construct such improvements.
A letter from Kelly Rapp was
submitted to the City requesting that paving, water and sewer districts be
created within 12th Avenue from a point 604 feet south of 11th Street south to
its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6,
Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates
Second Addition. According to the state statutes, the Council has the
authority to pass ordinances which would create the districts and begin the
process prescribed by law.
Council Member Hadley introduced
Ordinance No. 7122, being Subsection 2 of Agenda Item VI to create Paving
Improvement District No. 2004-890 for 12th Avenue from 604± feet south of 11th
Street south to its terminus in a cul-de-sac, and moved that the statutory
rules requiring ordinances to be read by title on three different days be
suspended and said ordinances be considered for passage on the same day upon
reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member 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, Kearney, Buschkoetter, Hadley, Clouse. Nay: None.
Motion to suspend the rules having been concurred in by three-fourths of the
City Council, said motion was declared passed and adopted. City Clerk
read Ordinance No. 7122 by number. Roll call of those in favor of the
passage of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Buschkoetter seconded by
Blankenship that Ordinance No. 7122 be passed, approved and published as
required by law. Roll call resulted as follows: Aye: Blankenship,
Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7122 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. 7123 – CREATE PAVING
DISTRICT NO. 2004-891
Council Member Hadley introduced
Ordinance No. 7123, being Subsection 3 of Agenda Item VI to create Paving
Improvement District No. 2004-891 for 8th Street from the west lot line of Lot
6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View
Estates Second Addition to the City of Kearney, Buffalo County, Nebraska, and
moved that the statutory rules requiring ordinances to be read by title on three
different days be suspended and said ordinances be considered for passage on
the same day upon reading by number only, and then placed on final passage and
that the City Clerk be permitted to call out the number of the ordinance on its
first reading and then upon its final passage. Council Member
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, Kearney, Buschkoetter, Hadley, Clouse.
Nay: None. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and
adopted. City Clerk read Ordinance No. 7123 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried. Ordinance was read by
number.
Moved by Buschkoetter seconded by
Blankenship that Ordinance No. 7123 be passed, approved and published as
required by law. Roll call resulted as follows: Aye: Blankenship,
Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7123 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. 7124 – CREATE WATER
DISTRICT NO. 2004-535
Council Member Hadley introduced
Ordinance No. 7124, being Subsection 4 of Agenda Item VI to create Water
District No. 2004-535 in 12th Avenue from 604± feet south of 11th Street south
to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot
6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View
Estates Second Addition to the City of Kearney, Buffalo County, Nebraska, and
moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage
on the same day upon reading by number only, and then placed on final passage
and that the City Clerk be permitted to call out the number of the ordinance on
its first reading and then upon its final passage. Council Member
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, Kearney, Buschkoetter, Hadley, Clouse.
Nay: None. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and
adopted. City Clerk read Ordinance No. 7124 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried. Ordinance was read by
number.
Moved by Buschkoetter seconded by
Blankenship that Ordinance No. 7124 be passed, approved and published as
required by law. Roll call resulted as follows: Aye: Blankenship,
Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7124 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. 7125 – CREATE SEWER
DISTRICT NO. 2004-478
Council Member Hadley introduced Ordinance
No. 7125, being Subsection 5 of Agenda Item VI to create Sewer District No.
2004-478 in 12th Avenue from 604± feet south of 11th Street south to its
terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6,
Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates
Second Addition to the City of Kearney, Buffalo County, Nebraska, and moved
that the statutory rules requiring ordinances to be read by title on three
different days be suspended and said ordinances be considered for passage on
the same day upon reading by number only, and then placed on final passage and
that the City Clerk be permitted to call out the number of the ordinance on its
first reading and then upon its final passage. Council Member 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, Kearney, Buschkoetter, Hadley, Clouse.
Nay: None. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and
adopted. City Clerk read Ordinance No. 7125 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried. Ordinance was read by
number.
Moved by Buschkoetter seconded by
Blankenship that Ordinance No. 7125 be passed, approved and published as
required by law. Roll call resulted as follows: Aye: Blankenship,
Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7125 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.
INTERLOCAL AGREEMENT WITH GRAND
ISLAND FOR HOMELESS HOUSING
Mayor Blankenship opened for
discussion the Interlocal Cooperative Agreement between the City of Kearney and
the City of Grand Island for the participation in a Planning Grant from the
Nebraska Department of Economic Development in the amount of $40,000 to be used
to pay for the creation of a plan to address homelessness and homeless housing
issues in the City of Grand Island and the Hope Harbor service area and to
consider approval of Resolution No. 2004-188.
Hope Harbor of Grand Island
recently contacted the City of Kearney about participating in an interlocal
agreement with the City of Grand Island. The City of Grand Island would
be applying for a Community Development Block Grant to study homelessness in
Central Nebraska.
If funded, the CDBG award would
allow Hope Harbor to determine the needs of homeless persons in the region,
service delivery efficiencies and how organizations could better meet the needs
of homeless persons. Since CDBG awards are federal funds, the money needs
to be dispersed to units of local government. The plans are to award the
money to the City of Grand Island who would then work with Hope Harbor to
complete the study. In order for the City of Grand Island to expend
federal funds in other jurisdictions, they need to establish interlocal
agreements with other governmental subdivisions. The City of Grand Island
is working with cities and counties in the area to secure similar interlocal
agreements.
When City staff received this
request, Buffalo County Community Partners was contacted as they have a
homeless coalition. City staff has visited with the Chair of the local
homeless coalition, and this group supports the goals of the grant application
and is interested in reviewing the information that the study reveals.
The proposed grant will not result in any financial obligation for the City of
Kearney. Grant Administration costs for Hope Harbor will be paid by the
Grant award.
Cindi Preisendorf from Hope
Harbor presented this matter to the Council. Kearney, Hastings and Grand Island
and the counties in their service area, Hall, Howard, Hamilton and Merrick,
along with Buffalo and Kearney counties wanted to be included. The study
will look at the whole region to see how homeless affects the area.
They have a little bit of a picture in Grand Island and also in Hastings.
They want to assess what services are doing well and what gaps in services
there are that need to be addressed especially in those outlying
counties. She stated that the original agreement did not include Buffalo
and Kearney counties; the agreement has been revised to include them.
When the funds are approved, the project should start January 1, 2005 and is a
two-year project. They are anticipating that during the first nine
months, they should have a good picture of all the services that are available
and the numbers which they will use to do their regional plan.
Becky Dierks from Community
Action Partnerships in Kearney stated they were the ones that asked for Buffalo
and Kearney counties to be part of the study. They have been in contact
with those county representatives, who signed off on the agreement.
Moved by Blankenship seconded by
Kearney to approve the Interlocal Cooperative Agreement between the City of
Kearney and the City of Grand Island for the participation in a Planning Grant
from the Nebraska Department of Economic Development in the amount of $40,000
to be used to pay for the creation of a plan to address homelessness and
homeless housing issues in the City of Grand Island and the Hope Harbor service
area and approve Resolution No. 2004-187. Roll call resulted as
follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
RESOLUTION NO.
2004-187
BE IT RESOLVED by the President and Council of the City of Kearney, that the
President be and is hereby authorized and directed to execute the Interlocal
Cooperative Agreement on behalf of the City of Kearney, Nebraska, with the City
of Grand Island, Nebraska, a copy of the Agreement, marked Exhibit “1”, is
attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 28TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
KEARNEY HOUSING AGENCY ANNUAL
REPORT
Mayor Blankenship opened for
discussion the Kearney Housing Agency Annual Report submitted by Elaine
Wiseman, Executive Director.
Elaine Wiseman from the Kearney
Housing Agency presented this matter to the Council. The Council was given the
written report so she presented a power point presentation. Seniors are
concerned about structure, safety, services, socialization, staffing and
sensible costs. A structure such as Autumn Village is ideal because
it has no steps, is all under one roof so they do not have to go outside for
any daily activities. Kearney Housing staff has made some improvements at
Kearney Manor to enable easier maneuverability for residents in their
apartments that allows them to be more independent. Safety features provided at
Autumn Village include a security entry system, emergency on-call buttons,
which are connected with staff’s cell phones, fire and smoke alarms.
There is also a video and audio security system in the public areas as well as
a very well lit exterior at Kearney Manor.
The congregate meal provided at
Kearney Manor in the pavilion is one of the services that she feels good about
because they serve nutritional meals that the seniors can enjoy with
others. Other services provided include RYDE, cosmetologist that comes on
site for the residents, daily exercise class led by a couple from the
community. She stated that some of their people fall between the cracks and do
not meet the criteria for some of the services in the community, so they have
volunteers that will take residents shopping, assist them with cleaning or
washing clothes which allow them to live independently longer with a better
quality of life. Internet is available in the pavilion to communicate
with their families and friends.
Staffing is very important
because they interact with the residents. High medical costs and limited
resources make sensible cost of utmost importance to seniors for affordable
housing. She is promoting the need for public housing as a
solution. Residents pay 30 percent of their adjusted gross income for
housing and utilities.
The resources used to make these
things happen are; Nebraska affordable housing trust funds, public housing
development funds, public housing operating funds, operating subsidy funds,
resident participation funds, public housing capital, public housing CIAP Sec
202, and the Ross Grant. Kearney Housing Development Corporation also gave a
grant. The Ross Grant was $100,000.00 for the congregate meal program,
which covered three years. That grant runs out at the end of
September. When they went to re-apply for the grant in June, none of the
activities that were used last time were eligible activities now. As
funds become less available from HUD, they are going to have to develop more
private and public relationships otherwise their programs will not
succeed. The housing choice voucher program that affects some of our
seniors has been in place since 1992. Their funding has been reduced to
91 families instead of 103 in order to pay the rent for their participants in
order to meet the guidelines of the reduced HUD funding.
Mayor Blankenship questioned if
the congregate meal program funding is secured at this time. Ms. Wiseman
stated that it is wavering. The Board of Commissioners is committed to keeping
it, but they have to find the funds to do it. They are looking for
$30,000.00 - $35,000.00 per year. On the 1st of September, they put out a
plea to various individuals and organizations and to date they have
$5,500.00. She said that she feels positive that they will get the funds,
but it will take a little more promotion.
The National Housing and
Redevelopment officials recognized Kearney’s elderly support services and
recently the State of Nebraska gave a merit award for our congregate meal program.
So, it is an award-winning program, but is in need of funding. They have
plugged the cost of that program into their operating costs budget under tenant
services so it will run through March 31st. She has until April 1, 2005
to find some grant money. The residents are not charged for the meals,
they are asked for a donation of $2.50 for those that are 62 and older.
She believed that if they were to raise the price, that the seniors would not
be able to afford it because the people they target are on very limited
income.
Moved by Kearney seconded by
Clouse to accept the Kearney Housing Agency Annual Report submitted by Elaine
Wiseman, Executive Director. Roll call resulted as follows: Aye:
Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None.
Motion carried.
OPEN ACCOUNT CLAIMS
-- NPPD -- $74,636.67; WARD LABORATORIES --
$24.00; AND STAN CLOUSE -- $96.75
Moved by Hadley seconded by
Buschkoetter that Open Account Claims in the amount of $74,636.67 payable to
NPPD, $24.00 payable to Ward Laboratories and $96.74 to Stan Clouse be
allowed. Roll call resulted as follows: Aye: Kearney, Buschkoetter,
Hadley. Nay: None. Blankenship and Clouse abstained. Motion
carried.
VII. REPORTS
None.
VIII. ADJOURN
Moved by Buschkoetter seconded by Blankenship that Council adjourn
at 8:25 p.m. Roll call resulted as follows: Aye: Blankenship,
Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.
BRUCE L. BLANKENSHIP
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK