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Kearney, Nebraska

December 14, 2004

7:30 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:30 p.m. on December 14, 2004, 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.  Also present was newly elected Council Member Bruce Lear. 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: Kelly Hardin, Laurie Hardin, Marilyn Hadley, Jim Downing, Sarah Isaac, Chris Vasquez, John Sydow, Greg Benson, Dave Pfeiffer, Todd Walton, Ryan Smith, Dorleen Weed, Menda Lear, Terry Eirich, Tony Rich, Roger Jasnoch, Ron Tillery, Mitch Humphrey, Ken Tracy, Jerry Thompson, Ron Larsen, George Weidel, Gisel Theis, Jerry Theis, Marvon Reichert, Brian Wolfe, Jeanne Saathoff, Duane Saathoff, Terry Gibbs, Bobby Turner, Kyle Hansen, Dave Javin, Mike Konz from Kearney Hub, Paul Wice from KGFW Radio, NTV.

 

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 Doug Shada of Cornerstone Berean Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Scott Krueger, Daniel Gibbs, Scott Jasnoch led the Council members and audience in the Pledge of Allegiance.

 

APPROVE MINUTES

 

Moved by Kearney seconded by Clouse that the Minutes of Regular Council Meeting of November 23, 2004, Minutes of the Kearney Municipal Airport Corporation Meeting of November 23, 2004, and Minutes of the Kearney Area Solid Waste Agency Meeting of September 14, 2004 be approved.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

CERTIFICATE OF VOTE

 

City Clerk read the following Certificate of Vote from the Buffalo County Election Commissioner:

 

This letter is to certify the results of the November 2, 2004 General Election for Kearney City Council Members:

               Don Kearney – 7,365

               Bruce Lear – 6,373

               Stan Clouse – 5,717

 

Glenda M. DeBrie

Buffalo County Election Commissioner

 

Moved by Clouse seconded by Hadley to accept the Certificate of Vote from the Buffalo County Election Commissioner.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

REPORT ON PUBLIC OFFICIALS BONDS

 

City Clerk reported that the Nebraska Public Official Liability Bonds for Council Members Don Kearney, Stan Clouse and Bruce Lear are in place.

 

Newly-elected Council Member Bruce Lear came forward.

 

ADMINISTER THE OATH OF OFFICE

 

City Clerk administered the Oath of Office to Council Members Don Kearney, Stan Clouse and Bruce Lear.

 

NOMINATION OF PRESIDENT/MAYOR

 

Nominations were received for the office of President of the Council and Ex-Officio Mayor who will also serve as President of the Kearney Municipal Airport Corporation and President of the Kearney Area Solid Waste Agency.  Council Member Buschkoetter nominated Don Kearney for this position.  Council Member Clouse nominated Galen Hadley for this position.

 

Hearing no other nominations, the City Clerk declared that nominations were closed.   Don Kearney was nominated for the office of President of the Council and Ex-Officio Mayor who will also serve as President of the Kearney Municipal Airport Corporation and President of the Kearney Area Solid Waste Agency.  Roll call resulted as follows: Aye: Buschkoetter, Kearney. Nay: Clouse, Lear, Hadley.  Motion defeated.

 

Galen Hadley was nominated for the office of President of the Council and Ex-Officio Mayor who will also serve as President of the Kearney Municipal Airport Corporation and President of the Kearney Area Solid Waste Agency. Roll call resulted as follows: Aye: Clouse, Lear, Hadley. Nay: Buschkoetter, Kearney. Motion carried.

 

Having received the majority of votes, Galen Hadley was declared President of the Council and Ex-Officio Mayor who will also serve as President of the Kearney Municipal Airport Corporation and President of the Kearney Area Solid Waste Agency.

 

Out-going Mayor Bruce Blankenship stepped down from the chair.

 

NOMINATION OF VICE-PRESIDENT

 

Nominations were received for the office of Vice-President of the Council.  Council Member Clouse nominated Randy Buschkoetter for this position.

 

Hearing no other nominations, Mayor Hadley declared that nominations were closed.   Randy Buschkoetter was nominated for the office of Vice-President of the Council. Roll call resulted as follows: Aye: Hadley, Clouse, Lear, Kearney. Nay: None. Buschkoetter abstaining. Motion carried.

 

Having received the majority of votes, Randy Buschkoetter was declared Vice-President of the Council.

 

NOMINATION OF SECRETARY

 

Nominations were received for the office of the Kearney Municipal Airport Corporation.  Council Member Clouse nominated Bruce Lear for this position.

 

Hearing no other nominations, Mayor Hadley declared that nominations were closed.  Bruce Lear was nominated for the office of Secretary of the Kearney Municipal Airport Corporation. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Lear abstaining. Motion carried.

 

Having received the majority of votes, Bruce Lear was declared Secretary of the Kearney Municipal Airport Corporation.

 

REAPPOINTMENT OF MICHAELLE TREMBLY AS CITY CLERK

 

Moved by Buschkoetter seconded by Hadley to reappoint Michaelle Trembly as City Clerk.  Roll call resulted as follows:  Aye: Hadley, Lear, Kearney, Buschkoetter, Clouse.  Nay: None.  Motion carried.

 

RECOGNITION – GISEL THEIS

 

Mayor Hadley and Council Members recognized Gisel Theis for 20 years of service with the Fire Department. She was presented a Resolution of Commendation.

 

RECOGNITION – JIM DOWNING

 

Mayor Hadley and Council Members recognized Jim Downing for 30 years of service with the Fire Department. He was presented a Savings Bond.

 

RECOGNITION – KEARNEY VOLUNTEER FIRE DEPARTMENT SERVICE AWARDS

 

Mayor Hadley and Council Members presented service awards to the following members: Kelly Hardin, 20 years; Tony Rich, 10 years; Andrea Weed, 10 years; Brian Wolfe, 10 years; Dave Pfeiffer, 10 years; John Sydow, 10 years; David Kissell, 5 years; and Greg Benson, 5 years.

 

ORAL COMMUNICATIONS – RON LARSEN

 

Ron Larsen stated he was going through his closet and found an appropriate item for the new Mayor. He presented Mayor Hadley a shirt with a bulls eye on it. 

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

LIQUOR APPLICATION – KEARNEY EVENT CENTER, 609 PLATTE ROAD

 

Mayor Hadley stated that the applicant has requested to table until December 28, 2004 the application for a Class “C/K” Catering Liquor License submitted by the KEARNEY EVENT CENTER located at 609 Platte Road.

 

Moved by Hadley seconded by Kearney to table until December 28, 2004 the application for a Class “C/K” Catering Liquor License submitted by the KEARNEY EVENT CENTER located at 609 Platte Road.  Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Clouse, Lear.  Nay: None.  Motion carried.

 

LIQUOR APPLICATION – DIAMOND SHAMROCK, 414 2ND AVENUE

 

Mayor Hadley stated Administration has requested to table the application for a Class “D” Liquor License submitted by KB & KS INVESTMENTS LLC, dba “Diamond Shamrock” located at 414 2nd Avenue.

 

Moved by Kearney seconded by Clouse to table the application for a Class “D” Liquor License submitted by KB & KS INVESTMENTS LLC, dba “Diamond Shamrock” located at 414 2nd Avenue.  Roll call resulted as follows:  Aye: Hadley, Buschkoetter, Clouse, Lear, Kearney.  Nay: None.  Motion carried.

 

INCLUSION TO CITY LIMITS OF EASTBROOKE SEVENTH ADDITION

 

This public hearing and the next public hearing were discussed together but voted on separately.

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for C & C Development (Owner) for the inclusion within corporate boundaries of the City of Kearney, Nebraska of “EASTBROOKE SEVENTH”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of Government Lot 3 located in the West Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 6.53 acres, more or less, Buffalo County, Nebraska (east of Avenue P on both sides of 63rd Street) and to consider approval of Resolution No. 2004-225. Planning Commission recommended approval.

 

C & C Development is requesting approval of a fourteen-lot subdivision in the Eastbrooke development, east of Avenue P along both sides of 63rd Street.  The aggregate size of the property is 6.53 acres and it is currently zoned R-1, Urban Residential Single-Family District.

 

Annexation

The subject property abuts the existing city limits line and municipal services are available to serve the site.  Therefore, this property should be incorporated into the city’s corporate limits.

 

Subdivision Plats

A Preliminary Plat and a Final Plat have been prepared for this property.  The Preliminary Plat was approved by Planning Commission on November 19, 2004.  Both plats contain fourteen lots that are arranged around three different cul-de-sac bulbs, two on Avenue O Place, and one at the terminus of 63rd Street.  A Public Works Plan was submitted with the Eastbrooke 5th development proposal that includes this land area.  A stormwater management cell has been constructed according to that Public Works Plan.  A letter in the packet from the engineer that designed the stormwater system verifies that the drainage area within this subdivision was indeed included in the calculations to size the stormwater cell.  At one time, 63rd Street was to continue east as a collector street.  Since the proposal is now to cul-de-sac 63rd Street as shown on the plats, the developer must provide some other means to access property to the east with another collector street in a future phase of development.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. He stated this site is a 6-acre tract of land. Their request is for approval to be included in the corporate boundaries of the City and also approval of the final plat.  This is a very straightforward piece of property to develop at this time.  They have worked with the City staff and Public Works department to get things in order.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for C & C Development (Owner) for the inclusion within corporate boundaries of the City of Kearney, Nebraska of “EASTBROOKE SEVENTH”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of Government Lot 3 located in the West Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 6.53 acres, more or less, Buffalo County, Nebraska (east of Avenue P on both sides of 63rd Street) and approve Resolution No. 2004-225.  Roll call resulted as follows:  Aye: Hadley, Clouse, Lear, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-225

 

            WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for C & C Development (Owner) for the inclusion of “EASTBROOKE SEVENTH” within the corporate boundaries of the City of Kearney said property described as a tract of land being a tract of land being part of Government Lot 3, located in the West Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the Sixth Principal Meridian, Buffalo County, Nebraska, more particularly described as follows:  Referring to the Northwest Corner of Government Lot 3, said point also being the Northwest Corner of Eastbrooke Sixth, an addition to the City of Kearney, Buffalo County, Nebraska, and assuming the North line of said Government Lot 3, the North line of said Eastbrooke Sixth and the North line of Eastbrooke Third, an addition to the City of Kearney, Buffalo County, Nebraska as bearing S89º57’37”E and all bearings contained herein are relative thereto; thence S89º57’37”E and on the aforesaid North line a distance of 710.00 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the Northeast Corner of said Eastbrooke Third; thence continuing S89º57’37”E and on the North line of said Government Lot 3, a distance of 135.84 feet to a point on the Southwesterly line of the Kearney Branch of the Union Pacific Railroad Company’s Right-of-Way (now abandoned); thence S51º03’02”E and on the aforesaid Southwesterly Railroad Right-of-Way line, a distance of 555.14 feet; thence leaving said Railroad Right-of-Way line, S25º00’00”W a distance of 132.22 feet; thence S33º16’15”W a distance of 199.7 feet; thence S09º24’53”W a distance of 52.38 feet to the Northeast Corner of Eastbrooke Fifth, an addition to the City of Kearney, Buffalo County, Nebraska; thence WEST and on the North line of said Eastbrooke Fifth, a distance of 393.57 feet to the Northwest Corner of said Eastbrooke Fifth, said point also being on the East line of said Eastbrooke Third; thence NORTH on the East line of said Eastbrooke Third, a distance of 687.55 feet to the place of beginning, containing 6.53 acres, more or less, all in Buffalo County, Nebraska (east of Avenue P on both sides of 63rd Street); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on November 19, 2004 on the inclusion of “EASTBROOKE SEVENTH” within the corporate limits and recommended the Kearney City Council approve said application; and

            WHEREAS, said application to include the land within the corporate limits was duly signed by the owners of the land affected with the express intent of platting the land as “EASTBROOKE SEVENTH” an addition to the City of Kearney, Buffalo County, Nebraska;

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on December 14, 2004 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the land to be platted as “EASTBROOKE SEVENTH” shall be included within the corporate limits of the City of Kearney, Buffalo County, Nebraska, that the inhabitants of such addition shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules and regulations of the City of Kearney.

            BE IT FURTHER RESOLVED that the inclusion of “EASTBROOKE SEVENTH” within the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County Register of Deeds.

            PASSED AND APPROVED THIS 14TH DAY OF DECEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

FINAL PLAT – EASTBROOKE SEVENTH ADDITION

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for C & C Development (Owner) for final plat approval for “EASTBROOKE SEVENTH”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of Government Lot 3 located in the West Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 6.53 acres, more or less, Buffalo County, Nebraska (east of Avenue P on both sides of 63rd Street) and to consider approval of Resolution No. 2004-226. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for C & C Development (Owner) for final plat approval for “EASTBROOKE SEVENTH”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of Government Lot 3 located in the West Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 6.53 acres, more or less, Buffalo County, Nebraska (east of Avenue P on both sides of 63rd Street) and approve Resolution No. 2004-226. Roll call resulted as follows:  Aye: Hadley, Lear, Kearney, Buschkoetter, Clouse.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-226

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “EASTBROOKE SEVENTH”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

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

            PASSED AND APPROVED THIS 14TH DAY OF DECEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Mayor Hadley stated that with regard to the regular Claims, the claim for Fremont National Bank needs to be removed and placed with the Open Account Claims. Council member Lear has a conflict of interest and cannot vote on that claim.

 

Moved by Buschkoetter seconded by Hadley that the claim for Fremont National Bank be removed from the Regular Claims listing and place it with the Open Account Claims. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Clouse. Nay: None. Lear abstaining. Motion carried.

 

Moved by Hadley seconded by Kearney that Subsections 1 through 9 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Hadley, Buschkoetter, Clouse, Lear, Kearney.  Nay: None.  Motion carried.

 

1.         Approve the following Claims: Ace Hardware $148.33 Su; Adamson, B $131.95 Tr; AFLAC $1,557.84 Ded; Agent Fee $25.00 Tr; Alamar $159.48 Various; Al-Jon $61.86 Inv; Alley Rose $38.00 Serv; Allied Electronics $311.40 Su; Alltel $6,122.29 Serv; Amazon Payments $22.72 Bks; Amer Electric $345.84 Su; Amer Red Cross $23.50 Su; AWWA $1,464.00 Dues; AMZ Superstore $176.55 Bks; Antelope Newspaper $51.75 Serv; Ask Supply $821.48 Su; AT&T $108.58 Serv; Atco Mfg $492.45 Su; Atlantis Casino Resort $428.96 Tr; Avery, C $9.89 Ref; Ayers, E $28.78 Ref; B&B Auto Glass $394.00 Rep; Baker & Taylor $1,573.14 Bks; Bamford $150.00 Rep; BBC Audiobooks $6.50 Bks; Benson, G $106.95 Tr; Best Lock $528.71 Su; Big Al's Mini Mart $33.25 Tr; Big Flag $251.40 Various; Blessing $437,432.03 Serv; Blevins, D $180.00 Serv; BlueCross BlueShield $58,930.18 Claims; Bob's Super Store $49.70 Su; Books on Tape $207.20 Bks; Bosselman $17,908.50 Inv; Broadfood Sand $1,824.50 Various; Buckle $106.45 Su; Buffalo Co Comm Health Partners $2,096.00 Comm Betterment; Buffalo Co Courthouse $42.00 Serv; Buffalo Co Treasurer $12,070.46 Various; Buffalo Co Court $885.82 Ded; Builders Warehouse $1,992.73 Various; Burney, J $1,000.00 Serv; Cabela's $2,649.09 Su; Calcomp $39.90 Su; CANDO $7,000.00 CANDO; Captain's Table $294.30 Serv; Casey's $24.00 Tr; Cash Wa $841.91 Various; CDW Govt $601.83 Su; CED/Enterprise Electric $94.08 Rep; Centaur Ent $858.21 Su; Central Comm College $240.00 Recertification; Central Dist Health Dept $2,758.00 Su; Central Fire $55.00 Su; Central Hydraulic System $135.55 Various; Central NE Equipment $25.99 Su; CHAD $8.00 Ded; Charter Comm $43.55 Serv; Charter Paging $21.92 Serv; Chemsearch $346.54 Su; Chesterman $67.00 Inv; City of Ky $1,677,798.64 Various; Clark, D $277.50 Reim; CLH $309.00 Serv; College Savings Plan of NE $100.00 Ded; Collison, G $23.00 Ref; Complete Music $220.00 Serv; Computer Hardware $24.95 Su; Conseco Life $38.00 Ded; Construction Rental $407.30 Su; Copycat $1,497.27 Various; Cottonmill Ent $577.86 Serv; Country Catering $320.00 Serv; Country Watch $399.00 Bks; Cowpoke $182.88 Su; Crossroads Ford $866.70 Various; Crowell, S $381.91 Reim; Culligan $174.50 Various; Cummins Great Plains $22,488.13 Various; Dannehl's Feed $49.65 Su; Davidson's $144.90 Incentives; Dawson Co PPD $13,745.03 Serv; Dell $2,477.36 Equip; Delores Del Rio $30.84 Tr; Depository Trust $739,082.67 Bonds; Diamond Vogel Paints $446.69 Inv; Dibbern, B $5,000.00 Legal; Dickson $248.00 Su; Direct Saftey $548.75 Su; Diverse Media $34.86 Bks; Dollar Rac RNO $364.85 Su; Double M Farms $2,000.00 Serv; Dutton-Lainson $266.00 Rep; Eagle Publications $24.00 Bks; Eakes $1,721.96 Various; Earl May $104.32 Su; Eatherton, S $198.00 Serv; Eckhout, H $10.59 Ref; Ecolab $27.00 Su; Eickhoff, B $90.50 Incentives; Eileen's $16.50 Su; Eirich, T $50.00 Reim; Elliott $823.38 Su; EMED $115.88 Su; Engels Glass Design $134.00 Serv; Entenmann-Rovin $152.00 Various; Environmental Ind $32.00 Su; Envirotech Services $3,481.91 Su; Eustis Body Shop $810.00 Serv; Expression Wear $2,593.65 Su; Fairbanks $1,254.86 Various; Farm Plan $323.69 Various; Farmers Union $26.00 Su; Fastenal $289.78 Various; Faz, A $32.10 Tr; Fedex $116.47 Serv; Fiddelke $341.11 Su; Fire Dept Training Network $240.00 Dues; Firefighters Tool $975.00 Tr; Focus on Health Aging $20.40 Su; Freburg, N $369.24 Ded; French Café $106.39 Serv; Frontier $8,490.63 Serv; Gall's $114.24 Su; Garrett Tires $50.14 Su; Gary's I-80 $1,110.00 Serv; Gas N Shop $21.26 Su; Gear for Sports $97.97 Inv; Geiser, M $38.00 Ref; General Traffic Controls $3,109.32 Various; Golf Course Supt $150.00 Su; Gordon's $48.16 Su; Graham Tire $97.14 Su; Grainger.Com $1,040.80 Su; Grand Central IGA $40.68 Su; Great Plains One-Call $273.45 Serv; Grimes, J $10.70 Tr; H&G Cleaners $529.34 Serv; Hach $870.65 Various; Hampton Inns $77.28 Tr; Harbor Freight $12.99 Su; Harding Shultz & Downs $42.00 Serv; Heggemeyer, S $160.00 Cla; Herberger's $10.62 Su; Hobby-Lobby $360.22 Su; Holiday Inn Aurora $1,038.62 Tr; Holmes Plumbing $1,442.25 Various; Hometown Leasing $417.82 Serv; Horizon Middle School $100.00 Proceeds; Hyatt Hotels $1,244.53 Tr; Hydrologic $2,297.00 Su; IAEI $180.00 Dues; ICMA $43.58 Su; ICMA RC $6,457.72 Ded; Indeeco $805.90 Su; Independence Care Underwriting $18,875.56 Prem; IRS $164,777.20 Ded; IS Solutions $1,895.00 Serv; Iterum.Com $107.95 Su; J&A Traffic Products $3,823.75 Su; Jack Lederman $518.02 Various; JC Penney $1,715.78 Su; Jensen, P $18.69 Ref; Johnson Lawn $208.16 Su; JRs Western $3,516.39 Su; Junior League of Omaha $30.00 Bks; K&K Auto Parts $169.78 Various; K&K Convenience Store $33.64 Su; K Mart $207.34 Su; Ky Area Chamber of Commerce $23,055.74 Various; Ky Area Comm Foundation $4,000.00 Serv; Ky Area United Way $585.36 Ded; Ky Concrete $3,180.59 Various; Ky Hub $2,628.34 Serv; Ky Implement $754.68 Various; Ky Liquor $18.43 Tr; Ky Quality Sewing $50.00 Su; Ky Towing & Repair $905.00 Serv; Ky Whse $865.43 Su; Kelly Supply $1,480.00 Containers; Kepler, J $7.98 Cla; Killion Motors $30.44 Inv; Kirkham Michael $10,153.86 Serv; Koetters, J $21.40 Tr; Kooyman, R $200.00 Ins; Korber, E $35.00 License; Lampes Air Filter Sales $15.60 Su; Landry's-SA Downtown $77.09 Tr; LaQuinta San Antonio $226.57 Tr; Laser Art Design $755.50 Su; Laughlin, K $720.00 Ded; Lawn, C $35.20 Ref; Lawson Products $143.46 Rep; LCL Truck Equipment $6,568.00 Various; Lerner Publications $16.95 Bks; Liles & Tippit $244.18 Su; Lincoln Tent $440.00 Su; Linweld $59.30 Various; Little Giant Ladders Wing $752.00 Su; Lockmobile $5.40 Su; Lost Outlaw Band $300.00 Serv; Mac Tools $27.99 Su; Marchand, M $138.34 Tr; Marriott $37.35 Tr; Martinosky, M $50.00 Reim; Matthew Bender $293.70 Su; McCarty, D $446.41 Tr; McCollister & Co $3,024.31 Various; McKibben, C $58.09 Tr; Medley, T $92.32 Ref; MES-Snyder $3,006.17 Serv; Metlife $3,821.45 Ded; Middleton Electric $22,000.00 Serv; Midway Chevrolet $42.32 Inv; Miller & Associates $159,046.65 Serv; Miller Signs $1,043.57 Various; Mills, F $48.69 Ref; Morris Press $194.19 Su; Mosbarger, B $200.00 Ins; Mr. Automotive $2,049.56 Various; Municipal Supply $543.31 Inv; NAPA $913.11 Various; Nat'l Information Data Center $48.90 Bks; Nat'l Paper Supply $191.30 Su; Nat'l Rec & Park $210.00 Su; Nat'l Waterworks $109.03 Inv; NCL of Wisconsin $82.25 Rep; NE Child Support $1,927.90 Ded; NE Dept of Revenue $45,070.08 Various; NE Health Lab $554.00 Su; NE State Library $104.30 Su; NE American Legion $63.90 Rep; NE Peterbilt $122.42 Inv; NE Supreme Court $52.15 Bks; NE Truck Center $254.76 Inv; New World Systems $33,840.00 Serv; Newman Signs $64.13 Inv; Nichols, J $26.56 Ref; Nickman Bros $180.00 Serv; NIEC $60.00 Tr; Nikken $178.49 Su; Nogg Chemical $479.63 Inv; Northwestern $12,585.68 Serv; Northwestern University $9,963.00 Tr; NOWWA $70.00 Dues; NYSCA $140.00 Su; Office Depot $1,040.38 Various; Office Max $603.71 Various; Officenet $386.96 Various; O'Keefe Elevator $115.00 Serv; Old Home Bakery $68.79 Su; Old Navy $100.00 Su; Olsson Associates $2,300.85 Serv; OMB Police Supply $3,794.71 Equip; O'Reilly $385.94 Inv; Orscheln $1,250.22 Various; Paramount $16.00 Rep; Party America $7.47 Incentives; Paulsen $267,730.87 Serv; Payflex Systems $391.00 Various; Paypal $1,104.00 Su; Penworthy $869.70 Bks; Pepperball Tech $50.99 Various; Physicians Desk Reference $59.95 Bks; Pitney Bowes $81.40 Serv; Platte Valley Comm $1,666.90 Serv; Police Officers Assoc of NE $10.00 Dues; Polk City Director $1,357.00 Various; Preferred Mail $109.75 Serv; Presto-X $411.00 Rep; Pump & Pantry $31.46 Su; Quality Books $1,852.73 Bks; Quality Inn Suites $189.00 Su; Quiet Living Apts $20.88 Ref; Quill $552.06 Su; R&R Products $122.10 Su; Radio Shack $91.87 Su; Readers Service $149.76 Su; Reams Sprinkler Supply $2,533.45 Su; Recorded Books $1,112.35 Bks; Red Willow Co $1,170.00 Serv; Redman's Shoes $4,111.93 Su; Reserve Acct $8,000.00 Serv; Resource Mgt $1,919.70 Serv; Respond First Aid System $82.05 Su; Road Builders $1,930.80 Rep; Rose Equipment $1,129.30 Rep; Ross Engineer $2,539.97 Serv; Rowedder, L $33.07 Ref; Saathoff, J $44.20 Various; Safeway Fuel $16.15 Su; Sahling Kenworth $210.24 Inv; Salter, J $10.70 Tr; Sampson Construction $35,659.00 Serv; Sawin, M $10.70 Tr; Scholastic Library Publications $214.50 Bks; School District #7 $4,849.50 Remittance; Schriner, D $236.50 Tr; Schutte, R $805.23 Tr; See Clear Cleaning $1,950.00 Serv; Sheldon, S $7.98 Cla; Shell Oil $57.14 Tr; Sheraton Hotels $1,010.45 Tr; Sherwin Williams $66.72 Su; Shirt Shack $2,208.00 Su; Shultz, MJ $53.42 Ref; Sierra Ind $189.70 Su; Sirchie Lab $259.60 Serv; Snap On Tools $20.60 Su; Solid Rock $500.55 Comm Betterment; Solid Waste Agency $64,756.72 Tipping Fee; Solid Waste Equipment $7,017.00 Containers; Sportable Scoreboards $530.00 Su; Starostka Group Unlimited $92,514.23 Serv; State of NE DAS Comm $27.16 Serv; State of NE Dept of HHS $470.00 Tr; State of NE State Fire Marshal $360.00 Various; Steinshouer, B $565.00 Serv; Store.Palm.Com $35.98 Su; Subway $7.27 Su; Sun Life Assurance $20,820.00 Prem; Sunrise Middle School $100.00 Proceeds; Swim Things $93.90 Su; Syndistar $468.00 Su; Tattered Cover Bookstore $12.84 Su; Thelen Consultants $12,885.01 Serv; Thome, B $32.10 Tr; Thompson, J $10.70 Tr; Tractor Supply $1,789.92 Various; Tradehome Shoes $42.00 Su; Tri-City Outdoor Power $181.53 Various; U Save Foods $16.63 Su; Unico Group $2,638.00 Prem; Union Oil $12,557.47 Inv; Unique Books $137.00 Bks; United Air $212.20 Tr; United Fire & Casualty $114,750.00 Serv; United Way $250.00 Proceeds; US Bank $787.50 Serv; US Postmaster $555.00 Serv; USA Blue Book $329.39 Rep; USPS $76.16 Serv; Utility Equipment $147.52 Rep; Vencill, T $142.18 Tr; Vermont Systems $932.00 Serv; Video Services of America $2,480.98 Various; Viking Office Products $228.10 Su; Village Uniforms $338.16 Various; W.S. Darley & Co $94.99 Su; Walgreens $25.25 Su; Walmart Supercenter $2,105.77 Su; Washington State Support $204.02 Ded; Water Environment Fed $350.00 Su; WDM Dickies.Com $87.96 Su; Wendys $4.93 Tr; Western Warehouse $174.94 Tr; Wiederspan, R $112.73 Tr; Wilke Donovans True Value $126.24 Various; Wilson, S $14.91 Ref; Woods & Aitken $3,544.73 Serv; Xerox $90.25 Serv; Zimmerman, S $33.67 Ref; Payroll Ending 11-27-2004 -- $251,094.17.  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.

 

2.         Approve the recommendation from Administration on the purchase of a Rear Load Compactor Truck for the Sanitation Division from EDM Equipment of Lincoln, Nebraska in the amount of $105,968.00.

 

3.         Approve the recommendation submitted by the Fire Chief to include the following as members of the Kearney Volunteer Fire Department: Daniel Medina, Sonny O’Connor, Alexander Rahe, Jeffrey Ash, John Hlavinka, and Johnny Mason and approve Resolution No. 2004-227.

 

RESOLUTION NO. 2004-227

 

            WHEREAS, Mike Martinosky, Chief of the Kearney Volunteer Fire Department, has forwarded several names of individuals desiring to serve as volunteers in the Kearney Volunteer Fire Department; and

            WHEREAS, based on the recommendation of Chief Martinosky, the City Council of the City of Kearney, Nebraska hereby finds and determines that said persons listed are fully capable and qualified to serve a membership in the Kearney Volunteer Fire Department; and

            WHEREAS, in order to be qualified for benefits in accordance with Neb. Rev. Stat. §48-115, et seq., said volunteer firefighters acting outside the corporate limits of the City must be officially directed to do so in order to be eligible.

            NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kearney, Nebraska, that those persons recommended by the Chief of the Kearney Volunteer Fire Department for membership in the Kearney Volunteer Fire Department as set forth on the attached letter of recommendation, marked Exhibit “A,” attached hereto and made a part hereof by reference, are hereby confirmed as members of the Kearney Volunteer Fire Department for the purposes of and in accordance with Neb. Rev. Stat. §48-115, and that said members are fully entitled to benefits under the Workers’ Compensation Act.

            BE IT FURTHER RESOLVED that all of said volunteer firefighters named on Exhibit “A” are hereby specifically authorized and directed to serve outside the corporate limits of the municipality under the direction, orders and authority of the Chief of the Kearney Volunteer Fire Department in accordance with §4-204 of the Kearney City Code.

            PASSED AND APPROVED THIS 14TH DAY OF DECEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

4.         Approve Change Order No. 3 showing an increase in the amount of $6,924.90 and Application and Certificate for Payment No. 2 in the amount of $211,643.28 submitted by Paulsen, Inc. and approved by Ross Engineering, Inc. for the 2004 Part V Improvements – Bid B consisting of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet and approve Resolution No. 2004-228.

 

RESOLUTION NO. 2004-228

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2004 Part V Improvements – Bid B consisting of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet, and the City's engineer, Ross Engineering, have filed with the City Clerk Change Order No. 3 showing an increase in the amount of $6,924.90 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Paulsen, Inc. and Ross Engineering have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $211,643.28 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$458,425.70

     Change Order No. 1 (10-12-2004)

+  11,752.00

     Change Order No. 2 (10-12-2004)

+  13,147.10

     Change Order No. 3 (12-14-2004)

+    6,924.90

Contract Sum To Date

$490,249.70

Gross Amount Due

470,943.60

Retainage

23,547.18

Amount Due to Date

447,396.42

Less Previous Certificates for Payment

 235,753.14

Current Payment Due

$211,643.28

 

            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. 3, as shown on Exhibit “A”, and Application and Certificate for Payment No. 2, as shown on Exhibit “B” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 14TH DAY OF DECEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

5.         Approve the application to extend Conditional Use Permit No. 2000-11 granted to Robbi Kirk to operate a day care on property located at 1411 East 33rd Drive for a period of one year.

 

6.         Approve five applications for Special Designated Licenses submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” to dispense beer, wine and distilled spirits at the Kearney Event Center, 609 Platte Road, on January 4, 11, 15, 21, 22, 25, 2005 from 5:00 p.m. until 1:00 a.m. each day for hockey games.

 

7.         Approve the application for Special Designated License submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” to dispense beer, wine and distilled spirits at the Heritage Bank, 315 West 60th Street, on January 6, 2005 from 12:00 p.m. until 1:00 a.m. for a Christmas Party.

 

8.         Approve two applications for Special Designated Licenses submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” to dispense beer, wine and distilled spirits at the Great Platte River Road Archway Monument, 3060 1st Street, on January 15 and 22, 2005 from 5:00 p.m. until 12:00 a.m. each day for holiday parties.

 

9.         Authorize the Mayor to execute the “Procurement Procedures and Code of Conduct” as required by the Nebraska Department of Economic Development for Community Development Block Grant Programs and approve Resolution No. 2004-230.

 

RESOLUTION NO. 2004-230

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Mayor be and is hereby authorized and directed to execute the “Procurement Procedures and Code of Conduct” document as required by the Nebraska Department of Economic Development for Community Development Block Grant Programs. A copy of the document, marked as Exhibit “A”, is attached hereby and made a part hereof by reference.

            PASSED AND APPROVED THIS 14TH DAY OF DECEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7139 – VACATE PORTION OF TRACT “G”

 

Moved by Kearney seconded by Clouse to remove from the table Ordinance No. 7139 vacating part of Lots 7 and 8 in Tract “G” located in Section 34, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (2407 West 24th Street).  Roll call resulted as follows:  Aye: Hadley, Clouse, Lear, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

This Agenda item and the next Agenda item were discussed together but voted on separately.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. The Buckle is requesting approval of a one lot subdivision containing the corporate headquarters for The Buckle at 2407 West 24th Street.  A Conditional Use Permit (CUP) to allow warehousing in a C-3 zoning district for expansion of the existing warehouse was approved by the City Council in June of 2004.  The property had never been formally subdivided.  Platting of this property as one large lot requires vacation of two small parcels that were previously platted.

 

The expansion area contains land that has never been subdivided.  The applicant wrote a letter of intent to subdivide this property at the time the CUP was issued.  The Conditional Use Permit and appropriate building permits were issued in the interim time period.  Now it is time to complete the process by obtaining the subdivision approval and filing the Final Plat at the Register of Deeds office.  The size of the lot is 13.67 acres, more or less.

 

Council Member Clouse introduced Ordinance No. 7139, being Subsection 1 of Agenda Item VI to vacate part of Lots 7 and 8 in Tract “G” located in Section 34, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (2407 West 24th Street), 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 Lear 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: Hadley, Lear, Kearney, Buschkoetter, 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. 7139 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Hadley, Lear, Kearney, Buschkoetter, Clouse.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7139 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Clouse, Lear.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7139 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.

 

FINAL PLAT – BUCKLE ADDITION

 

Moved by Kearney seconded by Clouse to remove from the table application submitted by Mitch Humphrey (Applicant) for The Buckle Inc. (Owner) for final plat approval of “BUCKLE ADDITION” to the City of Kearney, Buffalo County, Nebraska (2407 West 24th Street).  Roll call resulted as follows:  Aye: Hadley, Clouse, Lear, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

Moved by Hadley seconded by Kearney to approve the application submitted by Mitch Humphrey (Applicant) for The Buckle Inc. (Owner) for final plat approval of “BUCKLE ADDITION” to the City of Kearney, Buffalo County, Nebraska (2407 West 24th Street) and approve Resolution No. 2004-210 subject to the effective date of Ordinance No. 7139.  Roll call resulted as follows:  Aye: Hadley, Buschkoetter, Clouse, Lear, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-210

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “BUCKLE ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

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

            PASSED AND APPROVED THIS 14TH DAY OF DECEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

WATER, WASTEWATER, SANITATION, SOLID WASTE RATE STUDY

 

Mayor Hadley opened for discussion the Agreement with HDR Engineering to conduct Water and Wastewater Study Update, Solid Waste Agency Rate Study for Landfill Services, and Sanitation Rate Study for Collection Services and to consider approval of Resolution No. 2004-229.

 

Director of Utilities Kirk Stocker presented this matter to the Council. In this year’s budget the Utilities Department included $10,000.00 each in the Water Division, the Sewer Division, the Sanitation Division and the Kearney Area Solid Waste Agency Landfill Division in order to conduct a Rate Study. The purpose of the Rate Study is to provide a timely review of rates, maintain equity between customer classes, and determine the availability of funds for current and future debt, to construct needed projects and to insure that the cost to provide services is being recovered.

 

Regarding water and sanitary sewer rates, the last rate study was completed in 1999.  As the city continues to grow, water transmission mains, the northwest well field and sanitary sewer interceptor mains are required to provide for the conveyance of water and sanitary sewer to and from proposed areas of development.  A review of the rates is needed to see which of these projects can be constructed with current revenue.

 

Regarding the Sanitation Division and the Kearney Area Solid Waste Agency Landfill Division, the last rate study was completed in 1993 just prior to opening the new landfill that was being built to comply with new more stringent design requirements mandated by the USEPA.  Since that time the Sanitation and Landfill Division’s have experienced increased costs for fuel, insurance, vehicle maintenance and specialized containers and trucks in order to provide effective service.

 

The Utilities Department and the Finance Department requested a proposal from HDR Engineering for the Rate Study.  George Oamek, of HDR, completed the previous Water and Sewer Rate Studies in 1999 and 1994 when he was employed by CH2M Hill.  We believe that George’s familiarity with our previous rate studies will benefit the City.

 

HDR and City Staff have negotiated a Cost-Plus-Fixed Fee agreement, which has resulted in a fee not to exceed $39,810.00 without additional approval of the City Council.  We believe that because of the records we have and with Mr. Oamek’s past experience with our water and sewer rates that HDR will be able to complete the Rate Study without exceeding the contract amount.

 

Moved by Kearney seconded by Clouse to approve the Agreement with HDR Engineering to conduct Water and Wastewater Study Update, Solid Waste Agency Rate Study for Landfill Services, and Sanitation Rate Study for Collection Services and approve Resolution No. 2004-229.  Roll call resulted as follows:  Aye: Hadley, Clouse, Lear, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-229

 

            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 on behalf of the City of Kearney, Nebraska the “Short Form Agreement between Owner and HDR Engineering, Inc. for Professional Services” to conduct Water and Wastewater Study Update, Solid Waste Agency Rate Study for Landfill Services, and Sanitation Rate Study for Collection Services. A copy of the Agreement, marked Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 14TH DAY OF DECEMBER, 2004.

 

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

CITY CLERK

 

OPEN ACCOUNT CLAIMS -- NPPD - $361.75; PLATTE VALLEY STATE BANK - $1,150.00; FREMONT NATIONAL BANK - $43,181.00

 

Moved by Buschkoetter seconded by Hadley that Open Account Claims in the amount of $361.75 payable to NPPD, to Platte Valley State Bank in the amount of $1,150.00, and to Fremont National Bank in the amount of $43,181.00 be allowed.  Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter.  Nay: None.  Clouse and Lear abstained.  Motion carried.

 

VII.    REPORTS

 

Administration extended their congratulations to the Council and stated that they look forward to working with them in the future. 

 

City Manager Allen Johnson presented the Council the Summary of the 2005 Property Tax Levies for the first class cities.

 

Council member Clouse stated that there has been some discussion about changing the time of the Council meetings.  He requested Administration look at that change beginning next year.     

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Clouse that Council adjourn at 8:12 p.m.  Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Clouse, Lear.  Nay: None.  Motion carried.

 

                                                                                    GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK