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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