Kearney, Nebraska
January 11, 2005
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 January 11, 2005, in the
Council Chambers at City Hall. Present were: Galen D. Hadley, President of the
Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter,
Stan Clouse, and Bruce Lear. Absent: Don Kearney. Michael W. Morgan, 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: Rachel Marie Koinzan,
Darin Stiles, Mike Mefferd, Larry Butler, Paul Younes, Tanis Hall-Goedert,
Jeffrey Goedert, Joleen Cleveland, Neal Lewis, Dan Lynch, Dave Jenner from KGFW
Radio, Mike Konz from Kearney Hub.
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 Matt Robinson from First Presbyterian Church
provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scout Alex Kolbo led the Council members and audience in
the Pledge of Allegiance.
RECOGNITION
Mayor Hadley and Council Members recognized Jeffrey Goedert
and Joleen Cleveland for the heroic efforts in alerting the residents of a home
fire during the evening of November 5, 2004.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
DIAMOND SHAMROCK LIQUOR LICENSE/MANAGER APPLICATIONS
Moved by Clouse seconded by Lear to remove from the table
the public hearing on the application for a Class “D” (Beer, Wine and Distilled
Spirits – Off Sale Only) Liquor License submitted by KB & KS INVESTMENTS
LLC, dba “Diamond Shamrock” located at 414 2nd Avenue, the application for
Corporate Manager of Rachel Marie Koinzan, and Resolution No. 2004-224. Roll
call resulted as follows: Aye: Hadley, Lear, Clouse, Buschkoetter. Nay: None. Kearney
absent. Motion carried.
The business, Diamond Shamrock Convenience Store located at
414 2nd Avenue South, currently has a Class “B” (Beer – Off Sale Only) Liquor
License. They have made application to amend their current license to a Class
“D” (Beer, Wine and Distilled Spirits – Off Sale Only) Liquor License.
They have also made application for Rachel Marie Koinzan to
be the manager for liquor sales. This application was received by the
department and a background investigation of Ms. Koinzan was conducted on
December 29, 2004. This application is for a resident manager for the business,
as required by State regulations for the sale of alcoholic beverages.
The application was completed fully and the background
indicated some previous and current issues involving the applicant. In doing
the background, it was determined that Ms. Koinzan had no contacts with either
the Kearney Police or Buffalo County Sheriff’s Office. On the application, Ms.
Koinzan indicated the following contacts with law enforcement:
Speeding Tickets in Clay County (2001), and Hall County
(1999);
Disturbing the Peace in Lancaster County (2002);
Possession in Adams County (1999);
Trespassing in Adams County (1998);
Diversion Program in Adams County (2004)
Because of this record, and as part of the background
investigation, a criminal history check was made.
An interview was conducted with Ms. Koinzan. She was asked
about her plans for conducting the business and her experience in managing a
store that sells alcoholic beverages. She advised she was willing and intends
to abide by the regulations governing the sale of alcoholic beverages and was
familiar with the store’s policies, reminding employees to check identification
carefully in her weekly meetings. She has no experience in managing this type
of business but indicated she had worked in similar stores previously.
Because of the Police Department’s findings, they are
concerned regarding the corporate manager application. They do not believe
that this applicant is qualified to be responsible for the access to and
control of alcoholic liquor sales.
Rachel Marie Koinzan stated that in the past, she has made
some bad choices, decisions and trusted the wrong people. She basically
learned things the hard way. She is presently in a program that is giving her
a second chance to right her wrongs and be a productive citizen. This program
teaches her the right way to go through life and live clean and honestly. She
stated that she knows that she can hold a good job, be a good citizen and a
good parent by participating in this program. She believed that she has become
a very changed person through this program. She has worked very hard to fix
the problems in her life so that they do not return to destroy the things she
has accomplished.
Council Member Buschkoetter stated that one of his concerns
is the ongoing issue that was brought out in the investigation. He believed
that Ms. Koinzan was less than forthcoming in dealing with that situation and
asked for her perception of the matter. He believed that if she hoped to be
entrusted with a liquor license that she would have taken care of the warrants
before making application. He believed that taking care of that first would
have given evidence to him that she was ready for this responsibility.
Ms. Koinzan responded that basically she had some
outstanding warrants for tickets that she has been unable to pay from 2002.
Two weeks ago she finally was able to pay them. The reason that she did not
pay them in the past was that she has not had any good paying jobs. She has
two children to raise and there was not extra money to pay the warrants. She
understands the importance of paying fines and bills, but it is difficult when
you have children, lots of bills and a low paying job. This job that she has
had since September has enabled her to pay her bills. Regarding Council Member
Buschkoetter’s concern that she did not pay the warrants in advance of the
application, she stated she has only had this manager job since September and
she finally has some money to catch up on some of these outstanding warrants
and bills. Her plan was to pay all of her bills as soon as she has the money
to do so, but there are a lot of them.
Michael Medford, 3321 Avenue I, Deputy County Attorney and
also the representative for Buffalo County to the Central Nebraska Drug Court
asked to speak on Ms. Koinzan’s behalf. Ms. Koinzan is presently a participant
in the Central Nebraska Drug Court and has been for approximately 18 months.
She is in good standing with their organization. The program conducted its own
outstanding warrant and background check on her before she was admitted into
the Drug Court. At that time, their check did not find the warrants that have
been referenced. Had those warrants been found at that time, they would have
been resolved prior to her being admitted to the program.
As is the case with many of their participants, they have
numerous prior law enforcement contacts. Due to their involvement in the drug
culture, they do not pay attention to them or even remember they have warrants
or violations. He believed she probably did not intentionally withhold the
information about them at the time of being admitted to their program, but he
was not familiar with her application to the program. He stated that he was
here mainly to speak about her present status. He anticipated that she would
be a participant in their program for the next 6 months. She has progressed
very quickly through the program because she has not had any of slips.
The program requires that Ms. Koinzan contribute a large
portion of her income to the Drug Court in order to fund her participation in
the program that she is required to participate in. One of the primary
concerns of the Drug Court in dealing with the participants is that they try to
establish an understanding of what honesty is. One of the reasons they become
involved in the drug culture is because they are not honest with themselves.
Honesty is required of all their program participants, so he assured the
Council that they can rely on her honesty in the statements that she made here
regarding her ability to handle this liquor license.
Drug Court participants are required to retain as gainful
employment as is available to them. Ms. Koinzan has had the opportunity to
steadily work her way up the employment quality ladder while she has been a
participant in the Drug Court. One of the things that can be relied on in
having a Drug Court participant as your employee is that they are highly
motivated and closely supervised. At this point in her life based on her
participation in the Drug Court, he believed that her reliability and honesty has
much improved over the past 18 months since she entered the program.
Regarding the success of the program, Mr. Medford believed
that for the dollars spent, Drug Count is a fantastically successful program.
It is much less expensive than incarceration. Once a participant completes the
initial phase, typically detox and inpatient treatment, they come back into the
community where they are expected to earn their keep. They become employees in
all phases of community businesses. They can then work on paying their child
support, old fines and costs, bad checks, and debts because they are now
conscious that they have these obligations. He stated that in the two years
that Drug Court has been active in this community, there have only been two
participants that had to be terminated from the program. They currently have
approximately 25 participants. They have had 20 successful graduates, who have
completed their program and have had their charges withdrawn and dismissed.
Darin Stiles, 1321 Golden Belt Drive, Hays, Kansas, stated
he is Ms. Koinzan’s immediate supervisor. He believed Ms. Koinzan just wants an
opportunity to better herself and continue running their business. He hires people
based on honesty and dependability. She is the best employee he has out of all
three states he oversees. She has been very conscientious about her job and
respectful to management, staff and customers. He would personally recommend
her as liquor manager and has entrusted her as corporate manager to handle
money and personnel. Because of Nebraska law, Mr. Stiles is not able to be the
manager on the license as he is in the other two states.
Council Member Clouse stated it took a lot of courage for
Ms. Koinzan to come before the Council and state the things she did. As he has
watched and listened over the years about approving liquor licenses, it has
been ingrained in him that approving them is one of the biggest
responsibilities that the Council has to the community. He has concerns based
on some of the history that has been presented.
Council Member Buschkoetter stated that he felt exactly the
same way. After listening to the testimonials, he is thinking more about
second chances. Ms. Koinzan’s employer, Diamond Shamrock, has stated that they
are willing to take the risk. They know that they will ultimately be
responsible for the fines if she violates any of the liquor laws. His
inclination is to seriously consider this application, since her employer is
willing to support her.
Council Member Lear stated at the beginning he also agreed
with the other Council Members. Ms. Koinzan worked hard to present herself
well and he appreciated Mike Medford’s comments regarding the Drug Court
program. Council Member Lear believed that upon completion of the drug
program, he would feel more comfortable when Ms. Koinzan completes that
process. He respects what she has done and what she did in coming before the
Council. However, he also believes that the Council has a larger
responsibility to the community. As a community we can be supportive of Ms. Koinzan
in her business and the company, but believed that it is premature to extend
the liquor license to her at this time.
Mayor Hadley agreed that the completion of the Drug Court
program and the withdrawal and dismissal of the charges would be a more
appropriate time to consider her as liquor license manager. He hoped that in
the meantime, there is a way that Diamond Shamrock can make this work. Council
Member Buschkoetter stated that he also agrees that waiting until completion of
her program is the best thing to do. He encouraged Ms. Koinzan to reapply at
that time.
There was no one present in opposition to this hearing.
Moved by Lear seconded by Buschkoetter to close the hearing
on the application for a Class “D” (Beer, Wine and Distilled Spirits – Off Sale
Only) Liquor License submitted by KB & KS INVESTMENTS LLC, dba “Diamond
Shamrock” located at 414 2nd Avenue, and approve Resolution No. 2004-224
recommending denial of the amended license and the application for corporate
manager of the applicant based upon the statements in the application, the
confidential reports and/or those comments which the Council has received Roll
call resulted as follows: Aye: Hadley, Clouse, Buschkoetter, Lear. Nay: None. Kearney
absent. Motion carried.
RESOLUTION
NO. 2004-224
WHEREAS, KB&KS INVESTMENTS, LLC, dba
“Diamond Shamrock” has filed with the Nebraska Liquor Control Commission and
the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘D’
(Beer, Wine, and Distilled Spirits – Off Sale Only) Liquor License to do
business at 414 2nd Avenue South, Kearney, Nebraska, and has paid all fees and
done all things required by law as provided in the Nebraska Liquor Control Act;
and
WHEREAS, KB & KS INVESTMENTS, LLC, dba
“Diamond Shamrock” also filed with the Nebraska Liquor Control Commission and
the City Clerk of the City of Kearney, Nebraska, an application for Corporate
Manager of Rachel Marie Koinzan; and
WHEREAS, a hearing was held relating to said
applications on January 11, 2005; and
NOW, THEREFORE, BE IT RESOLVED that the
President and City Council of the City of Kearney, Nebraska deny or recommend
denial to the Nebraska Liquor Control Commission of the issuance of a Class ‘D’
(Beer, Wine and Distilled Spirits – Off Sale Only) Liquor License to KB&KS
INVESTMENTS, LLC, dba “Diamond Shamrock” located at 414 2nd Avenue South,
Kearney, Nebraska and to deny the application for Corporate Manager of Rachel
Marie Koinzan.
BE IT FURTHER RESOLVED that the City Clerk is
hereby instructed to record the Council action favoring the issuance of said
license in the Minute Record of the proceedings of the Council.
PASSED AND APPROVED THIS 11TH DAY OF JANUARY,
2005.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
HOLIDAY INN EXPRESS LIQUOR LICENSE/MANAGER APPLICATIONS
Mayor Hadley opened the public hearing on the application
for a Class “J” (Beer and Wine – On Sale Only) Liquor License submitted by
KEARNEY EXPRESS, INC., dba “Kearney Holiday Inn Express” located at 508 South 2nd
Avenue, consider the application for Corporate Manager of Paul Younes, and to
consider approval of Resolution No. 2005-1.
Mayor Hadley also stated that the City received an amendment
to the application. The applicant only wants to license the breakfast area,
meeting room, and hallway connecting these areas located on the first floor.
The Holiday Inn Express, located at 508 2nd Avenue South,
has requested a class “J” liquor license, for the sale of wine and beer – on
sale. In conjunction with this application is an application for Paul Younes
as the corporate manager. A background investigation was conducted on the
property and Mr. Younes.
The property, a local motel, was found to be suitable for
this application. The property located appropriately sufficient distances from
schools and churches. The application is for the entire structure. The staff
of the Liquor Control Commission was questioned regarding the applicability of
the license to the entire structure. They indicated that if the entire
structure is licensed, guests could bring alcohol into the facility, but could
only consume it in their rented rooms. Times of service outside the rooms
would conform to those of any other licensed establishment. When made aware of
this restriction, Mr. Younes indicated he would discuss the matter with his
attorney, and possibly would restrict the licensed area to a smaller portion of
the structure, in the future.
Regarding the application, Mr. Younes indicated that the
purpose of the license was to provide guests with wine/beer on a limited basis
between the hours of 5:30 p.m. to 7:00 p.m. on Mondays through Thursdays only.
He advised that he has yet to appoint or hire an on-site manager and until this
is done, he would manage the license personally. Mr. Younes has over 20 years
of experience in dispensing liquor. He currently holds a license at the
Captain’s Table restaurant located at the Holiday Inn. A check with the Liquor
Commission revealed no significant recent problems or violations with this
license.
Attorney Larry Butler and Paul Younes, presented this matter
to the Council. He explained that the original application was for a Class “J”
liquor license. The intent of the owner of the Kearney Holiday Inn Express was
to have the ability for a cocktail time for the guests of their hotel. The
license will be for on-sale license only for beer and wine. Their real intent
is to have a free cocktail time for the guests of the hotel for a couple of
hours, four days a week. Although the license would allow them to sell
alcohol, there is no intent on the owner’s part to do so. Mr. Younes has been
a long term resident of the City of Kearney and owns a number of other hotels
in town.
Mr. Younes stated this license would be used at the Kearney Holiday
Inn Express Monday through Thursday from 5:00 p.m. to 7:00 p.m. only for hotel
guests. This would not include any hard liquor only wine and beer. Monday
through Thursday wine and beer will be provided for the corporate cliental.
They will not be providing this service on weekends because they have a lot of
families that stay there on the weekends.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Hadley to close the
hearing and approve the application for a Class “J” (Beer and Wine – On Sale
Only) Liquor License submitted by KEARNEY EXPRESS, INC., dba “Kearney Holiday
Inn Express” located at 508 South 2nd Avenue subject to licensing only the
breakfast area, meeting room and hallway connecting these areas located on the
first floor, approve the application for Corporate Manager of Paul Younes, and
approve Resolution No. 2005-1. Roll call resulted as follows: Aye: Hadley,
Buschkoetter, Lear, Clouse. Nay: None. Kearney absent. Motion carried.
RESOLUTION
NO. 2005-1
WHEREAS, KEARNEY EXPRESS, INC., dba “Kearney
Holiday Inn Express” has filed with the Nebraska Liquor Control Commission and
the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘J’
(Beer and Wine – On Sale Only) Liquor License to do business at 508 South 2nd
Avenue, Kearney, Nebraska, and has paid all fees and done all things required
by law as provided in the Nebraska Liquor Control Act; and
WHEREAS, KEARNEY EXPRESS, INC., dba “Kearney
Holiday Inn Express” also filed with the Nebraska Liquor Control Commission and
the City Clerk of the City of Kearney, Nebraska, an application for Corporate
Manager of Paul Younes; and
WHEREAS, KEARNEY EXPRESS, INC., dba “Kearney
Holiday Inn Express” filed with the Nebraska Liquor Control Commission and the
City Clerk of the City of Kearney, Nebraska, an amendment to the application to
license only the breakfast area, meeting room and the hallway connecting these
areas located on the first floor; and
WHEREAS, a hearing was held relating to said
application on January 11, 2005; and
NOW, THEREFORE, BE IT RESOLVED that the
President and City Council of the City of Kearney, Nebraska approve or
recommend approval to the Nebraska Liquor Control Commission of the issuance of
a Class ‘J’ (Beer and Wine – On Sale Only) Liquor License to KEARNEY EXPRESS,
INC., dba “Kearney Holiday Inn Express” located at 508 South 2nd Avenue,
Kearney, Nebraska subject to licensing only the breakfast area, meeting room
and hallway connecting these areas located on the first floor, and to approve
the application for Corporate Manager of Paul Younes.
BE IT FURTHER RESOLVED that the City Clerk is
hereby instructed to record the Council action favoring the issuance of said
license in the Minute Record of the proceedings of the Council.
PASSED AND APPROVED THIS 11TH DAY OF JANUARY,
2005.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
IV. CONSENT AGENDA
Moved by Hadley seconded by Clouse that Subsections 1
through 5 of Consent Agenda Item IV be approved. Roll call resulted as follows:
Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Kearney absent. Motion
carried.
1. Approve Minutes of
Regular Meeting held December 28, 2004.
2. Approve the following
Claims: 3M $2,035.36 Su; AFLAC $1,557.84 Ded; Air Midway $71.74 Rep; Alamar
$473.96 Various; Alltel $2,197.98 Serv; Amer Assoc of Airport Exec $225.00 Tr; Amer
Fence $213.81 Signs; AWWA $130.00 Tr; ASCAP $81.14 Dues; Aspen Publications
$175.08 Su; Baker & Taylor $1,713.33 Bks; Bamford $1,219.86 Various; BBC Audiobooks
$211.63 Bks; Beideck, J $148.35 Tr; BHMG $43.50 Serv; Big Flag $184.50 Rep;
Bills Trailer Sales $2,348.00 Equip; Blessing $263,460.68 Serv; BlueCross BlueShield
$20,909.18 Claims; Bob's Super Store $47.47 Serv; Books on Tape $124.00 Bks; Bosselman
$1,989.00 Inv; Buck Ent $225.00 Rep; Buffalo Co Sheriff $96,562.50 Serv;
Buffalo Co Court $188.09 Ded; Builders Warehouse $194.13 Various; CED/Ent Elec
$61.62 Rep; CHAD $8.00 Ded; Charter Communications $64.47 Serv; City of Ky
$266,182.35 Various; Clark Enersen Partners $4,296.95 Serv; CLH $309.00 Serv;
CMI $94.91 Su; College Savings Plan of NE $50.00 Ded; Corporate Express $203.93
Su; Country Catering $240.00 Serv; County Sheriffs of CO $95.00 Tr; Crossroads
Ford $274.16 Rep; Culligan $176.43 Various; Cummins Great Plains $430.35 Serv;
Dell $2,465.47 Equip; Double M Farms $2,000.00 Serv; Dutton Lainson $1,420.34
Various; Dynix $19,078.00 Serv; Eakes $379.63 Various; Eirich, T $50.00 Reim;
Elliott Equipment $429.92 Rep; Fiddelke Heating $5,286.00 Serv; Fox Bros Hay
$2,437.50 Serv; Freburg, N $184.62 Ded; Frontier $690.73 Serv; Galls $104.97
Equip; Garrett Tires $4,039.25 Various; Gary's I-80 $90.00 Serv; Gordon's
Repair $20.24 Rep; Gronewoller, S $26.30 Tr; H&G Cleaners $264.67 Serv; Herges,
S $25.00 Reim; Hometown Leasing $208.91 Serv; Howe, C $123.63 Tr; ICMA $420.00
Dues; ICMA RC $3,211.78 Ded; IRS $83,179.70 Ded; Int'l Assoc for Identification
$60.00 Dues; ISDN $185.40 Serv; Johnson Lawn & Landscape $4,815.00 Serv; Ky
Area United Way $580.36 Ded; Ky Catholic High School $65.00 Serv; Ky Library
Foundation $100.00 Other; Ky Winlectric $191.46 Rep; Kepler, J $136.00 Tr; Kooyman,
R $200.00 Ins; Laughlin, K $360.00 Ded; Linweld $11.10 Su; Manary, M $43.28 Tr;
Manufacturers Sales $6.82 Various; Marshall Cavendish $319.40 Bks; Martinosky,
M $50.00 Reim; Matthew Bender & Co $471.45 Bks; McCarty, D $378.25 Various;
Meridian Library System $24.00 Tr; Metlife $5,788.49 Ded; Middleton Electric
$1,800.00 Serv; Midlands Contracting $16,584.64 Serv; Miller & Associates
$35,345.90 Serv; MOCIC/SLATT $200.00 Dues; Moonlight Embroidery $396.00
Incentives; Morris Press $201.51 Su; Mosbarger, B $200.00 Ins; Municipal Clerks
Institute $390.00 Tr; NAPA $310.98 Various; Nat'l Paper Supply $107.95 Su;
Nat'l Waterworks $15,016.02 Equip; NE Aviation Council $260.00 Tr; NE Child
Support $995.57 Ded; NE Concrete Paving Assoc $165.00 Tr; NE Dept of Revenue
$25,476.44 Taxes; NE Health Lab $684.00 Su; NE Library Comm $725.00 Bks; NE
Notary Assn $139.15 Renewal; NE Safety & Fire $396.19 Rep; NE Dept of
Revenue $36,853.31 Ded; NeRPA $75.00 Tr; Northwestern Energy $7,691.73 Various;
Oceana Publications $158.27 Bks; Office Depot $135.30 Su; Officenet $201.55 Su;
O'Keefe Elevator $445.33 Serv; Olsson Associates $1,423.95 Serv; Omaha World
Herald $18.20 Dues; OMB Police Supply $175.43 Equip; Paramount $16.00 Rep;
Paulsen $196,943.38 Serv; Payflex Systems $391.00 Various; Preferred Mail
$122.03 Pstg; Prescott, J $4.00 Tr; Presto-X $74.00 Rep; Quality Books $84.76 Bks;
Recorded Books $139.89 Bks; Resource Mgt $226.80 Serv; Rodehorst, R $148.35 Tr;
Rose Equipment $983.53 Rep; Roth, K $123.63 Tr; S.A.F.E. Center $1,217.18 Comm
Betterment; School District #7 $1,810.00 Remittance; See Clear Cleaning
$1,950.00 Serv; Sensus $1,000.00 Serv; S-F Analytical Lab $665.00 Serv;
Sheldon, S $136.00 Tr; Snap On Tools $24.18 Tools; Solid Waste Agency $2,114.05
Tipping Fee; Stanley Security Solutions $8,781.79 Rep; Starostka Group
$60,371.65 Serv; St of NE DAS Comm $27.16 Serv; Supershine $7.00 Rep; T&B
Cleaning $2,600.00 Serv; Thomson Gale $56.13 Bks; Turner Body Shop $949.00 Serv;
Video Services of America $2,018.89 Serv; Village Uniform $380.92 Various; Wagners
Irrigation $5,700.00 Rep; Walgreens $15.00 License; Walters Electric $527.09
Rep; Washington State Support $102.01 Ded; Wellman, P $31.09 Cla; Weston Woods
$14.95 Bks; Wilke Donovan's True Value $8.82 Su; Woodman Drilling $6,991.49
Lease; Payroll Ending 12-25-2004 -- $251,768.98.
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. Approve the request to
extend the permit granted to Huss Platte Valley Auction to locate a
manufactured home at 1202 West 19th Street for security purposes for a period
of one year.
4. Approve the Applications
for four Special Designated Licenses submitted by KEARNEY STEAK COMPANY, dba
“Whiskey Creek” in connection with their Class I/K35628 Catering License to
dispense beer, wine and distilled spirits as follows: (1) Country Inn &
Suites, 105 Talmadge Street, on February 14, 2005 from 4:00 p.m. until 1:00
a.m.; (2) The Great Platte River Road Archway Monument, One Archway Parkway, on
February 16, 2005 from 4:00 p.m. until 1:00 a.m.; (3) Ag Pavilion at the
Buffalo County Fairgrounds, 3807 Avenue N, on February 14, 2005 through
February 19, 2005 from 8:00 a.m. until 1:00 a.m.; and the Exposition Building
at the Buffalo County Fairgrounds, 3807 Avenue N, on February 14, 2005 through
February 19, 2005 from 8:00 a.m. until 1:00 a.m., all in connection with the
Cattlemen’s Classic.
5. Approve the Certificate
of Substantial Completion submitted by Johnson Lawn & Landscaping and
approved by Miller & Associates for the Kearney Area Recycling Center, Bid
A & B – Landscaping and Lawn Irrigation Work and approve Resolution No.
2005-2.
RESOLUTION
NO. 2005-2
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 that work is substantially
completed as of November 1, 2004, as shown by Exhibit “A” attached hereto and
made a part hereof by reference.
|
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 the Certificate of Substantial Completion be and is hereby accepted and
approved.
PASSED AND APPROVED THIS 11TH DAY OF JANUARY,
2005.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
V. CONSENT AGENDA ORDINANCES
None.
VI. REGULAR AGENDA
CEMETERY PUMP STATION UPGRADE – NEGOTIATE LOW BID
Mayor Hadley opened for discussion the bids received for the
Kearney Cemetery Pump Station Upgrade and to authorize Administration to
negotiate with the lowest responsible bidder and to consider approval of
Resolution No. 2005-3.
Director of Park & Recreation Neal Lewis presented this
matter to the Council. The current pump station is over the expected life and
needs to be replaced before the next irrigation season. Administration and
Irrigation Design Associates worked together to create a bid document to
replace the Cemetery Pump Station.
Bids were originally to be opened for the Cemetery Pump
Station Upgrade on December 23, 2004 but due to the weather and the grounding
of airplanes, the bids were opened on December 29, 2004. Bids were received
from Ventos Energy Systems, Inc. from Moorhead, Minnesota for $27,155.00, and
Freedom Pump Controls & Service, Inc. from Pine, Colorado for $27,225.00.
The Engineer’s Estimate Range was $24,500.00 to $31,000.00. The line item for
the current year budget is $25,000.00 for this project. Administration would
like to accept the low bid which is over the engineer’s estimate and then
proceed to negotiate the project cost. Once the negotiated price is resolved,
this matter will come back to the Council for approval.
Administration proposes to negotiate with the low bidder to
reduce the cost of the project. The City may remove the current pumping
station and save labor costs. It is believed this will bring the pump station
within our overall budget expenditures for the current budget year. Additional
line item budget reductions will be incorporated in order to cover any
remaining funds in excess of the $25,000.00 budgeted.
Moved by Clouse seconded by Lear to authorize Administration
to negotiate with the lowest responsible bidder for the Kearney Cemetery Pump
Station Upgrade and to approve Resolution No. 2005-3. Roll call resulted as
follows: Aye: Hadley, Clouse, Buschkoetter, Lear. Nay: None. Kearney absent.
Motion carried.
RESOLUTION NO. 2005-3
WHEREAS, the City of Kearney in accordance with
Section 16-321 of the Nebraska Revised Statutes, properly advertised on
December 10, 2004 and opened bids on December 29, 2004 for the Kearney Cemetery
Pump Station Upgrade; and
WHEREAS, the City received two bids for the
proposed upgrade project which exceeded the Engineer’s estimate and the
available City funds for this project.
NOW, THEREFORE, BE IT RESOLVED by the President
and Council of the City of Kearney, Nebraska, that in accordance with Section
16-321 (7) of the Nebraska Revised Statutes, the City Council hereby directs
and authorizes the City Manager to negotiate a contract for services, material
or labor as are required for the Kearney Cemetery Pump Station Upgrade at a
cost commensurate with the Engineer’s Estimate and the available City funds.
Any contract negotiated shall be resubmitted to the City Council for final
approval.
PASSED AND APPROVED THIS 11TH DAY OF JANUARY,
2005.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
ORDINANCE NO. 7141 – CREATE PAVING DISTRICT NO. 2005-892
Director of Public Works Rod Wiederspan stated that Chapter
16 of the Nebraska Revised Statutes spells out the rules by which paving,
water, and sewer districts may be created in public entities. Attached is a
copy of the key statute, which pertains to the creation of paving improvement
districts. 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 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 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 was submitted by Charlene Hisey
requesting that a paving district be created within Avenue D from 11th Street
to 13th Street. According to the state statutes, the Council has the authority
to pass an ordinance which would create the district and begin the process
prescribed by law.
Council member Clouse inquired as to whether
both property owners were in favor of this district. City Clerk responded that the
abutting property owner contacted the City stating he would be filing a letter
of protest. He does own more than fifty percent of the property which would be
sufficient to petition the district out.
Council Member Lear introduced Ordinance No. 7141, being
Subsection 2 of Agenda Item VI to create Paving Improvement District No.
2005-892 for Avenue D from 11th Street to 13th 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 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: Hadley, Buschkoetter,
Lear, Clouse. Nay: None. Kearney absent. 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. 7141 by number. Roll
call of those in favor of the passage of said ordinance on the first reading
resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Kearney
absent. Motion carried. Ordinance was read by number.
Moved by Buschkoetter seconded by Hadley that Ordinance No.
7141 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Kearney
absent. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7141 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the Kearney
Public Library.
OPEN ACCOUNT CLAIMS -- NEBRASKA PUBLIC POWER DISTRICT
-- $6.65; FREMONT NATIONAL BANK -- $21,224.86
Moved by Hadley seconded by Lear that Open Account Claim in
the amount of $6.65 payable to Nebraska Public Power District be allowed. Roll
call resulted as follows: Aye: Hadley, Lear, Buschkoetter. Nay: None. Clouse
abstained. Kearney absent. Motion carried.
Moved by Clouse seconded by Buschkoetter that Open Account
Claim in the amount of $21,224.86 payable to Fremont National Bank be allowed.
Roll call resulted as follows: Aye: Hadley, Buschkoetter, Clouse. Nay: None.
Lear abstained. Kearney absent. Motion carried.
VII. REPORTS
Mayor Hadley and the Council members welcomed City Manager
Michael Morgan.
VIII. ADJOURN
Moved by Buschkoetter seconded by Hadley that Council adjourn
at 8:06 p.m. Roll call resulted as follows: Aye: Hadley, Clouse, Buschkoetter,
Lear. Nay: None. Kearney absent. Motion carried.
GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK