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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