Kearney, Nebraska

August 23, 2005

7:00 p.m.

 

Prior to the regular Council meeting, the Council met as the Board of Directors for the Kearney Municipal Airport Corporation in open and public session at 7:00 p.m. on August 23, 2005 in the Council Chambers at City Hall. This meeting adjourned at 7:07 p.m. A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:08 p.m. in the Council Chambers at City Hall.  Present were: Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent: None.  Michael W. Morgan, City Manager; Michael Kelley, City Attorney; Amber Brown, Management Assistant; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. There were approximately 100 people in attendance with some of the citizens in the audience included: Kim Becker, Bill Becker, Keith Becker, Jerry Becker, Carol Becker, Terry Becker, Dan Lindstrom, Devon Anderson, John Anderson, Kim Anderson, Marie Lafferty, Maris Bentley, Mary Kay Redman, Gene Westerbuhr, Donna Westerbuhr, P.J. O’Neill, Dan Lynch, Becky O’Connell, Linda Fry, Diane Riibe, Deb Eickhoff, Tom McCann, Trent Steele, Mike Henderson, Sharon Cover, Peggy O’Dea, Nancy Brosamle, Kevin Witte, Cheryl Walker, Jerry O’Rourke, Rosemary Miller, Mike Konz from Kearney Hub, Steve Altmaier from KGFW Radio, Mike Cahill from KKPR Radio, NTV, and KHAS 5.

 

Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being attached to these minutes.  Advance notice of the meeting was also given to the City Council and a copy of their acknowledgment or receipt of such notice is attached to these minutes.  Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and City Council.  All proceedings hereafter shown were taken while the meeting was open to the attendance of the public.

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Reverend Ken Fairbrother from Countryside Christian Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Matthew Brown and Reed Davis led the Council members and audience in the Pledge of Allegiance.

 

RECOGNITION – LINDA MURRISH

 

Mayor Hadley and Council Members recognized and presented a Resolution of Commendation to Linda Murrish for serving 20 years with the Kearney Public Library.

 

RECOGNITION – OUTGOING BOARD MEMBER

 

Mayor Hadley and Council Members recognized and presented a Service Award to Lynn Johnson for serving 5 years on the Library Advisory Board.

 

ORAL COMMUNICATIONS – GOLDEN K KIWANIS CLUB

 

Gene Knaus from the Gold K Kiwanis Club made a presentation to the City Council. He is the President of the Gold K Kiwanis Club and present were Neva Bell Howe and Elaine Knaus. They presented a check made out to the community of Kearney representing the amount of $74,600.00.  This amount represents 7,460 volunteer hours of donated service by the members of their club during the past year.  These volunteer hours are primarily given in two areas.  One area is for projects that help kids and the other for projects that help the community.  Their members consider it a privilege to do this type of service and look forward to doing many more hours in the future.  Kiwanis is a global organization of volunteers dedicated to “changing the world one child and one community at a time”.   They have 138 members in Kearney and are always looking for more.  Mayor Hadley stated that on behalf of the Council they valued their volunteerism and that the City appreciates all the work that their club has done and has been noticed by a lot of people.   

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

PROTESTS FILED AGAINST BILL’S LIQUOR

 

Mayor Hadley opened the public hearing on the protests filed to the issuance of automatic renewal of a Retail Class CK-39105 (Beer, Wine and Distilled Spirits – On and Off Sale) Catering Liquor License for JCB ENTERPRISES, INC., dba “Bill’s Liquor” located at 2402 2nd Avenue and to consider approval of Resolution No. 2005-125. What is before the Council tonight is to determine whether continuation of the license held by “Bill’s Liquor” should be allowed. The discussion will be held to this issue only. The Council will not discuss the case that has been tried in the court system.

 

Section 53-135.01 of the Nebraska Revised Statutes requires the city clerk to publish in a legal newspaper, one time between July 10 and July 30 of each year, individual notices of the right of automatic renewal of each Class C liquor license within the City of Kearney. These notices were published in the Kearney Hub on July 22nd.  The published notice states that written protests to the issuance of automatic renewal of license may be filed by any resident of the city on or before August 10, 2005 in the office of the city clerk.  In the event protests are filed by three or more such persons, a hearing will be held to determine whether continuation of the license should be allowed.

 

The City has received several protests from citizens within the City as well as citizens that live outside the City prior to the August 10th deadline. There was one protest received after the August 10th deadline. The following are the citizens who submitted a protest: Bill and Kim Becker, Keith Becker, Wendy Clark, Steve Wickham, Bob Talbitzer, Matt and Mary Kay Redman, Kevin Madsen, Brandon Cool, Sharon Fritson, Carol Sheldon, Tom and Regina McCann, Linda McFadden, P.J. O’Neill.

 

Dan Lindstrom, attorney representing Gerry Becker of Bill’s Liquor, stated that the matter before the Council is in regard to the automatic renewal under the statute of the license that they currently operate at 2nd Avenue and 24th Street.  JCB enterprises also own Bill’s Liquor West, which is not at issue and does not come up for renewal at this time.  JCB Enterprise is owned by Gerald and Carol Becker and is a family owned business which has been owned by the Becker family since 1991.  He stated that it is a well run business and they have made efforts to operate with compliance to the law. 

 

Bill’s Liquor had one citation in 1994 and 1.5 million transactions under this license.  Every day, as a licensee as other licensees in this community, they run the gauntlet of individuals who choose to violate the law by trying to purchase alcohol illegally.  In order to try to assist law enforcement in making sure that they prevent that from happening, Bill’s Liquor has made substantial investments in sophisticated video technology and point of sale computer technology.  They use this technology to report law violators who enter their premises.  They cooperate with law enforcement and report these crimes and provide evidence to help convict in those crimes. They take their responsibility to the law and the public seriously and they train their employees extensively in the prevention of illegal sales to minors.  Their employees are constantly reminded by the family, who manages the business, to “card…card…card”. 

 

Bill’s Liquor caters events all over Central Nebraska and to date has never had a problem in those catering operations.  It qualifies in every respect under the law to have its license automatically renewed.  There is no change in circumstances that would cause the automatic renewal of this license.  It was inappropriate and contrary to the law to suggest that automatic renewal of this license be denied.  Mr. Lindstrom asked the Council to allow the automatic renewal for Bill’s Liquor. 

 

Council member Buschkoetter verified that the ownership of the two liquor licenses and asked if they are similar in training and management?  He stated that just because they have the same owner that they might not be managed in the same way.  Mr. Lindstrom responded his understanding is that the family manages and runs both businesses.  There are various family members, who have different responsibilities within the business and he believed that some members operate in one business and not the other.  The licenses are different classes, Bill’s Liquor at 2nd Avenue is Class C and Bill’s Liquor West is a Class D. Mr. Lindstrom’s understanding was that they train all of their employees the same way.  They spend a lot of time with each employee as they are brought on board.   

 

Kim Becker, 10511 2nd Avenue East, stated that she was present to plead with the Council to deny the renewal of the license of Bill’s Liquor.  A picture of her son, Todd, had been distributed to each Council member and Gerald Becker.  She stated that Gerry Becker’s irresponsible business actions changed her future. Mrs. Becker stated that she now lives with that painful change every minute of her life.  She addressed the Council by saying “We must hold everyone accountable for their part in the tragic death of their son, Todd.”  On the night of February 5, 2005, Todd walked into a liquor store, owned by this license holder.  The clerk at that store readily sold alcohol to Todd without even asking for any identification.  Hours later Todd was killed in a car crash.  The only identification found on his body was his valid Nebraska driver’s license, clearly stating that he was under 21.  Todd has been held accountable for his actions; he got the death penalty.  The driver of the car has been held accountable for his actions.  The driver pled guilty to a felony motor vehicular homicide and was sentenced in July.  Now, she stated, we must hold the adults accountable for their contribution to the illegal access to alcohol that night. 

 

When this liquor license holder was granted a Nebraska Liquor License, he agreed to abide by the laws of Nebraska and not sell alcohol to minors.  He has proven time and time again that he has not taken the necessary precautions and established effective business policies to insure that his employees do not sell alcohol to minors.  Since being issued his liquor license, this business owner has been cited three times for selling alcohol to a minor.  In addition to those three sales to minors, he was called before the Nebraska Liquor Control Commission for a mandatory meeting to discuss an additional sale of alcohol to a minor. 

 

Mr. Becker currently has one charge of selling alcohol to a minor pending with the Nebraska Liquor Control Commission.  This charge was for the sale of alcohol to Todd on the night that he was killed.  Exactly three months to the day, May 5, 2005, a clerk employed by this license holder sold alcohol to a minor again without asking for an ID during a compliance check with the Kearney Police Department.  That makes a total of four sales of alcohol to a minor.  Still, an employee of this license holder went on to sell alcohol again. Mrs. Becker stated that she is pleading with the Council to deny the automatic renewal of the license of Bill’s Liquor.

 

Keith Becker, 1319 East 45th Street, Apt F-10, stated that he is a 21 year old sophomore at UNK.  He wanted to say publicly to the Beckers, “This is not an attack towards them as individuals, but it might sound that way”.  He was not there to say Gerry Becker and his people are evil.  They have continually, time after time, proven that they are not able to abide by the law.  Since 1992, there has been an increase of 86 percent in liquor licenses issued to people in the Kearney community.  Is there another need for yet another liquor establishment?  He asked how can we expect law enforcement to do their job and parents to do their job when there is an alcohol establishment on every corner of the street?  He closed by asking if anyone could name one good thing that another liquor establishment, such as this can do?  It is the industry in general.  It is not Gerry Becker who killed his brother; it is the industry.  It is the alcohol, itself, that took his brother’s life.  “We need to do something” has been said enough times and it is time to take a stand and say enough is enough. We are not going to do this anymore. 

 

John Anderson, 2703 West 47th Street, stated he is a senior at Kearney High School.  He came to speak to the Council to speak out for what is right, to honor the memory of Todd Becker and try to stimulate a necessary change in this community.  He was opposed to the renewal of the liquor license for Bill’s Liquor.  After his community received the shock, anguish and pain of Todd Becker’s death on February 6, 2005, it became apparent that Todd had purchased alcohol earlier in the night from Bill’s Liquor.  Three months later, Bill’s Liquor again sold alcohol to a minor in a sting operation, executed by the Kearney Police Department.  After playing such a large role in the death of a Kearney teen, one would have to assume that the owner of Bill’s Liquor would take the proper steps to insure that no minor would be sold alcohol again.  The simple fact shows how clear it is that Bill’s Liquor and its owners do not have the responsibility, the awareness or even the care to hold a liquor license.  Underage drinking in Kearney is a serious issue that needs to be dealt with.  Bill’s Liquor has committed the same crime twice within three months of one another.  This makes it obvious that the owners of Bill’s Liquor need time to create the proper steps to teach its employees how to recognize a minor and how to refuse that minor the sale of alcohol.  Unfortunately, Bill’s Liquor is not the only establishment in Kearney that has shown blatant disregard for the law.  Our community is in need of a change.  It is time that the Council, as leaders of this community, and concerned citizens of this community come together and fight against this.  He asked the Council to begin this process and put in a strong recommendation to the Nebraska Liquor Control Commission that the license of Bill’s Liquor be revoked. 

 

Marie Lafferty, 7745 N & M Lane, stated that she had no relationship to either of the Beckers.  She has been a social worker for 20 years. She attended a meeting on meth and alcohol on Monday and continues to educate herself about such things.  Responsibility cannot only be placed in the hands of the licensee, but also in the hands of each and every one of us.  She has four children.  She grew up in a dysfunctional family with alcohol. She became a ward of the state because her parents died when she was young, not because of anything that she did.   She has chosen to lead a different life and follow the positive role models from social workers and teachers not the negative people.  Responsibility needs to lie with the parents in the home.  When there are negative actions over and over again, we see that in many different ways.  She stated that her teenager, who went to school with Todd Becker, would say I could go out and get a case of beer for you and show you that it is easy to get.  I’m not going to purchase it myself, but maybe the next person will purchase it with this or that.  Ms. Lafferty just wanted to remind everybody that we need to look at whose responsibility it is. The responsibility is each one of ours as an adult starting with the family, the support system. 

 

Mayor Hadley reminded everyone that the term, Bill’s Liquor, is being used and that is the license that they are talking about.  The instances that people are talking about are Bill’s Liquor West.  These are two separate liquor licenses that they are dealing with at this meeting.

 

Bill Becker, 10511 2nd Avenue East, stated he understands that it is Bill’s Liquor license that they are requesting not be renewed, but the owner is the same.  The owner’s business practices are what they are questioning.  Mr. Lindstrom had stated that Mr. Becker trains his employees over and over.  He asked the Council if they knew what Mr. Becker’s training practices are?  He stated maybe the Council knows.  He believed that anyone applying for a liquor license should come to the Council with a plan for service, training, and their own internal sting operation plan. His suggestion was that the Council should have a plan of action on file submitted by everyone that has a liquor license to keep alcohol from getting into the hands of minors. 

 

In reference to the comments made by Marie Lafferty, he did parent his child.  He stated that his wife and he do not drink and never did drink.  There has never been an alcoholic beverage in their home.  From the time his sons were little, he talked to them about not drinking.  He explained the reason is not that they were too young and it is illegal (because kids don’t care about those things); it is because drinking causes you to make bad decisions, it is harmful to your body and you could do things that would cause you harm.  He stated that Todd and he traveled together for baseball for years.  They talked about alcohol and drugs all the time.  He noted that as kids gets older, the less impressed they are about what their parents say and more impressed by commercials, their peers, etc.  Alcohol does a great job of advertising the fact that you need alcohol to have fun.  They think that it is grown up and you cannot have fun without it.  Kids look at alcohol and they want alcohol. As much as he punished him and did what he could do to prevent him from drinking, Mr. Becker said he could not keep his son in a cage.   

 

Mr. Becker stated he did the best he could. He and his wife were not permissive and they did parent their child.  He had a right to expect that a liquor store would do everything in their power to prevent their son from getting alcohol.  Now, you can call it Bill’s Liquor West, but it is still the same business owner.  He assumed that the training techniques for both stores are the same.  Gerry Becker’s employee did not check Todd’s ID. He questioned how Gerry Becker could say, “We train our employee’s religiously” and then not even card?  He found it hard to believe that there is extensive training going on.  He noted that three months to the day, another employee of Gerry Becker’s at the Bill’s Liquor’s West location, although not working at Bill’s Liquor location, does not even card another person.  How tough it is to ask for an ID? 

 

The Council needs to know before issuing a liquor license, what are the individual business practices that will safeguard our community.  They should present them in writing to the Council before rubberstamping the approval.  The Council must look at the owner; look at Gerry Becker who does not have his employees check for identification.  The fact is he had two violations in three months.  How is that being a responsible businessman?  He stated that it is not good enough just to card and say, “Yes, it’s a card”.  They have enough time to look at everybody’s ID.  They need to look at the face and statistics and see if it is a fake ID.  He knows that kids will give a fake ID.  His term for this is “hyper-vigilant”.  He stated that not only Bill’s Liquor and the owner Gerry Becker was not “hyper-vigilant”, he was grossly negligent.  He did not believe that Gerry Becker’s employees said “You know what?  I am just not going to check IDs and I do not need to do that”.  His guess was that these employees were not well trained. 

 

Bill Becker addressed the Council saying if they do not know what Gerry Becker’s business practices are, then they are not doing the job to make sure young people do not get alcohol.  Mayor Hadley answered by saying that he did talk to Gerry Becker before this issue of renewal of licenses came up before the Council two days after the last compliance sting.  Mayor Hadley had asked Gerry Becker how he trains his employees.  Each employee is counseled and Gerry Becker had showed him the alcohol dispensing book that he uses to go through each of the steps for training.  In addition, they had talked about what this meant to the employees and how he worked with them. 

 

Terry Becker (son of Gerry Becker), 2003 West 49th Street, stated that he had not planned to speak at this meeting, but was having a hard time sitting back and listening to comments that are supposedly are not personal attacks.  At home his dad was very strict and he believed that his dad would be the first one to say that neither he nor his brothers would be where they are in their lives today without that “tough love”. There have been a lot of jabs about the type of business practices he instills.  He knows first hand because he was employed at the store.  In order to work there you had to go through a State Patrol training (at that time the State Patrol would train how to set up and look for a fake ID) and, at that time, there were only three liquor stores in town that attended that training and two of them were Bill’s Liquor and Bill’s Liquor West.  Gerry Becker continually goes over this with his employees and guaranteed his turn over is higher than any liquor store in the City because he is so hard on his employees.  He knows for a fact that Gerry Becker talks to his employees about being the best, making sure not to sell to minors, being friendly customers and doing a good job, which he prides himself on that.

 

Diane Riibe, who is Executive Director of Project Extra Mile, 11606 Nicholas Street, Omaha, Nebraska addressed the Council.  She was there to urge the Council to vote not to renew this license.  In terms of background about their organization, they monitor every single Liquor Control Commission hearing that happens every month, every minute without fail.  She agreed that only one particular license is being addressed, but they are the same management. She stated that to pull those apart without any common sense applied is really looking at the semantics of it. The record is clear that you need to look at this.  She was certain that the opportunity will present itself in the future for the other location because the hope and prayer is that the interest from the community will not subside.  She also pointed out that compliance checks with any consistency are a fairly new phenomenon in this state.  She agreed with comments earlier that there is shared responsibility.  Part of what needs to be looked at is that the Council has the opportunity to lead and look at the license holder. The Council does not have the opportunity to talk to parents about how they parent, the School Board about the policies in place or to talk to neighbors, but you do have the opportunity to address the license holder, which is the only issue before you. 

 

She shared some findings from research in the Easy Layman piece.  They have done brain research and it is phenomenal the way alcohol impairs the adolescent brain versus what it does to an adult brain.  The results are vastly different.  Alcohol does not sedate the adolescent brain like it does for adults, which is important.  Kids binge drink, but do not get the same feeling that an adult does when they have over consumed.  Alcohol impairs an adolescent’s judgment and their tracking skills.  These results are from research and studies from the Highway Traffic Safety Administration, the Office of Juvenile Justice and Delinquency Prevention, the Institute of Medicine, etc. She also shared information about advertising practices that happen within the industry to give a glimpse of how difficult it is for parents to parent.  Parenting is an issue and they should not be absolved from their role, but it is much larger than that and she wanted everyone to look at the big picture. 

 

Ms. Riibe referred to the minors ID book or the small black book that is used when a business is actually carding potential underage persons.  She urged the Council to get familiar with that process.  The ID has to be checked if there is any suspicion and the licensee can use that ID book and that gives him a defense before the Liquor Control Commission.  In this case, they did need to worry about a defense because it was not there.  She stated that the alcohol control policy in this state is terribly broken.   

 

She also noted that this liquor license holder also has two items later on the agenda for a Special Designed License related to his catering license attached to this license.  The intention of a catering license attached to a liquor license is for that owner to an unending number of Special Designed Licenses.  She spoke to the Director of the Liquor Control Commission who said that a catering license is a practice and a process that is abundantly abused in this State.   

 

Kim Anderson, 1506 West 16th Street, wanted to tell Mr. & Mrs. Becker how sorry she was to hear about what happened to their son, Todd.  She is provisionally licensed with the State of Nebraska to counsel for drugs and alcohol and she does alcohol education for kids, teens and some young adults for MIP’s and DUI’s.  There are a tremendous amount of programs out there such as MADD, SADD, etc.  She does not know what the answer is.  Prohibition was tried and did not work.  After listening to Bill Becker talk about how he parented his child and she commended him for that.  It is in the home that parents need to take action with their children.  Parents need to pay attention to where their kids are going, who they are with, and what they are doing.  Parents need to stay up and talk with them when they get home.  She believes that Mr. Becker has done that.  Mr. Becker also stated that he had talked and talked with Todd about not drinking, not doing drugs, but doing the right thing.  On the other side, Gerry Becker talked about the strict training of his employees that he goes through over and over again.  Just as Bill Becker talked with Todd about not drinking and driving, Gerry Becker worked with his employees and trained from the book to follow the rules.  The fact is that Gerry Becker is a businessman and cannot be everywhere all at once.  It has been shown that many kids get alcohol from the home, from their parent’s refrigerator or liquor cabinet.  She believed that parents send children a lot of mixed messages as to what will be allowed and will not be allowed.  Some parents say, you can drink, but only at home, but you cannot go out and drink.  They will allow friends to come over and drink, but take their keys and make them stay there.  As a counselor she is very much aware of the devastation that alcohol causes.  She believed that by taking this businessman’s license from him was kind of like putting a band aide on open-heart surgery.  It is not going to solve the problem.

 

Maris Bentley, 910 East 30th Drive, stated that she works as the community organizer at the Family Resource Council under the auspices of the Buffalo County Community Partners on a program that is working to reduce youth substance abuse in Buffalo County, particularly underage drinking.  She supports the efforts of those in our County and City, who are working to reduce youth access to alcohol including those who have written the letters of protest regarding this liquor license renewal.  She also reminded the Council that we do not just have one alcohol establishment that has sold or is selling alcohol to minors.  With the recent compliance checks in May and June, by her count there were a total of eleven businesses in the City of Kearney that sold alcohol to minors.  These were only the ones that were caught.  It is imperative that our law enforcement continues to conduct regular compliance checks.  She believes that we need to help our local businesses by developing and implementing a broad based comprehensive training program for the clerks and servers who are hired to sell alcohol.  Both of these strategies, compliance checks and server training, have proven to be effective in the prevention of alcohol sales to minors. 

 

Mary Kay Redman, 5103 Avenue G Place, teaches at Kearney High School with Mr. Becker for a long time.  She commented on this being a “band aid on open heart surgery” but believed that it is a band-aid that needs to be made.  Many years ago before she had three kids, she did alcohol education and she got very tired of that because of the negativism.  Many make statements like kids are going to drink.  She agrees that they will.  She has a 14 year old son and if her 14 year old son continues to grow in age at the rate he is now, he will look 21 when he is 18.  He will probably be able to walk into a liquor store and buy alcohol.  She will talk to all three of her kids in their home about alcohol and about Todd because she does not want to be Bill and Kim and experience what they have.  It is the responsibility of Kim and Bill Becker, Kearney High School and everybody in this community to stand up and say, “we’re done”.  She is aware of the differences between Bill’s Liquor and Bill’s Liquor West, but the same person owns them.  She thinks that we need to hold people accountable.  She asked and pleaded with the Council to make a statement. 

 

Devan Anderson, 550 30th Avenue, #7, stated that his family has been through similar tragedies so he understands what the Beckers are going through.  He works in two establishments in Kearney that serve alcohol and they go through the reminder process every month that they must card and use the book.  He has set up alcohol awareness for his employees through the Kearney Police Department.  After the Beckers unfortunate incident, it was a reminder to them that they must make sure that this does not happen by being sure that they card.  Personally, he knows that some 18 year old kids that come in look 22 or 23 years old, but it does not matter – he will ask for ID.  They have the books, the state makes all kinds of information available to use.  He is not sure how well Bill’s Liquor is following these practices, but he for one in his establishments in the community, follow them to a “t”. 

 

Linda Fry, 3703 Avenue M, stated that she has been alcohol free for 21 years and was a partier and a binger just like these kids that are now doing it.  She is also a parent of kids that drink and use.  Her kids have gotten in trouble and almost died.  It is a terrible life to have to live.  She has sent her kid to treatment twice, he has been in a group home, the school has helped her, the police have helped her, but it does not always work.  Talking about one liquor store is not the answer; the fact is that we are dealing with kids who want to have fun, period.  As Mr. Becker said we cannot keep track of our kids all the time.  When a child is grounded, it also grounds the parent.  Parents hire lawyers to get our kids off.  Why do we do this?  The kids need to be on probation and need to grow up and suffer consequences. She said her problem was not going to a liquor store because she could have found someone to buy for her because fake IDs were everywhere and there were always kegger parties.  She suggested that parents, teachers and schools must work together. She used to live on 25th Street and experienced college kids partying in the alley.  Those college kids had no respect for the police, but the police do not have enough manpower to arrest them all.  She suggested that the teachers man the liquor stores and point out the fake IDs and ask where they got them.  If high school athletes get in trouble, there should be consequences perhaps not letting them play that week.  She believed that parents should be honest with themselves about what is going on with their kids.

 

Attorney Dan Lindstrom stated that he had asked at the beginning to have an opportunity to summarize.  He did not intend to be judgmental, but he agrees there is a lot of responsibility for what has happened with Todd Becker in this community.  Unless we are hypocritical about that, we should all take a long look in the mirror.  The issue before the Council relates to only one liquor license.  The issue before the Liquor Control Commission, as mentioned by the advocacy group, relates to Bill’s Liquor West license.  There is a lot of information that will come out in that hearing that is not relevant to this meeting.  His client has shown incredible restraint in allowing themselves to be attacked by many member of the community including the news media in a way that is unfair.  His client has been anxious to unload and he did not believe that is appropriate for anyone to do that.  Some of the comments that were made were very good.  He has worked with a lot of licensees in this community.  What he sees Gerry Becker and his family doing in the way of training and being careful is as good as what anybody else does and probably better.  Gerry Becker is aware of the dearth of materials and support for training employees in this community and state.  The Beverage Association provides a program called TAM, which is very good but not put on very often.  Gerry Becker and his family are certified to instruct in TAM.  They use that knowledge and certification in their business with their employees every time they hire a new employee.  There have been productive conversations going on at staff, at City Council level and elsewhere in this community that will result in things that can make a difference. 

 

Council member Buschkoetter stated that the County Attorney has suggested to the Council and the County Board that any liquor license that was in violation since their last application would need to submit a new liquor license instead of getting an automatic renewal.  Mr. Lindstrom stated what he understood the County Attorney to say to him was there are some legal limitations to actually doing that on a blanket basis for every licensee that has had a problem.  If every licensee is required to fill out a long form application, only one thing is accomplished is another layer of bureaucracy and steps and expense that the licensee has to go through.  Mr. Lindstrom stated that he did not mean to sound cynical, but it will not make any difference because the decision does not get made at the local level.  The decision gets made at the Liquor Control Commission level.  Kearney has painfully found this out in the past.  He continued that he understood the County Attorney to say that requiring a new application would not necessarily be the best way to approach this, but perhaps have a program where the County and the City, with respect to their various licensees, actually go out and create a committee. 

 

Mr. Lindstrom continued and gave an example of a committee comprised of the Police Chief, Mayor and the City Manager and whenever a licensee in this area fails a compliance check they would sit down with that licensee and ask what can we do to help you do a better job, because this is not good for you or the community.  This would be a proactive approach to work with whatever professionals we have out there to train those employees better, tighten up our procedures to prevent it from happening again.  If it did happen again, then we would go through the long form process.  His feeling is that the long form is a “paper tiger” and is meaningless.  That long form option can be exercised under the statute, but he did not believe that it does very much.  He thought the suggestion made earlier by Ms. Bentley about a training program for licensees that they can put on every 30 days was a great suggestion.  The Kearney Police Department has put on training in the past, but it is not frequently done.  He suggested hiring people within law enforcement or elsewhere to do these programs for us in the community on a 30-day basis or less.  He had not studied the legality of this since it just came to them in their discussion, perhaps required employees to be certified before they can dispense liquor in Kearney or Buffalo County.  If the City and County would be able to take those steps legally, we would be making a statement to our community and the rest of the state.  We would be requiring more from our people than everybody else in the state does.

 

Council member Buschkoetter commented on Mr. Lindstrom’s statement that we would be requiring more, by saying, would we not make the same statement by saying if you have a violation then you do not get the automatic renewal. Mr. Lindstrom repeated that doing that might make a statement.   Requiring this would allow the City to say, look we have done something.  These people asked us to do this and we have, so now we have solved the problem. Many people at this meeting said that does not resolve the problem. 

 

Council member Kearney stated that approximately seven years ago, the Council met with the Liquor Control Commission and found that the City was terribly ineffective.  The control was solely in the hands of the Liquor Commission.  At that time, the Council tried very hard to get a liquor license revoked and was ineffective. 

 

City Attorney Michael Kelley addressed that issue.  He stated that there is so much that people do not understand about these things.  This whole war was fought in the 1990’s when the City tried at least three times to get legislation created to vest jurisdiction in the City to control license issuance.  The Supreme Court of Nebraska rebuffed those attempts.  The City’s position is, as it was before, an advisory position.  The Liquor Commission itself does not have control over licensure, which he believed was a true statement.  The Supreme Court has taken the responsibility for the issuance of licenses in this state for practical matters.  Mr. Kelley stated the Council stood like a rock at that time and he was very proud of their position.  Lincoln, Kearney and Norfolk waged the war for several years in the legislature and the courts; however, we lost.  Due to that lose, that responsibility was taken from the City Council and remains with the Liquor Commission and the Supreme Court of Nebraska.  Licensure is not much of an issue for the City, as Council member Kearney pointed out, it is all in enforcement.   Mr. Kelley stated that the City actually could forward licenses with no recommendation, because it does not matter what we send anyway.  Mayor Hadley commented the liquor license in question in the 1990’s was Gas ‘N Shop across the street from the high school which was a single ownership of two liquor licenses in Kearney.  The battle was not about the liquor license on the south end of town but only on the one that had the violations.  City Attorney stated that the police department persisted in pursing those violations and the owner of Gas ‘N Shop voluntarily did not renew that license. 

 

Council member Lear asked Chief Lynch if his office or the County Attorney’s office has recommended that any charges be filed against Bill’s Liquor or Bill’s Liquor West?  Chief Lynch responded there are no charges to be filed against Bill’s Liquor, but Bill’s Liquor West is before the Liquor Commission based on the complaint that they made from the compliance checks.  There have been no criminal charges filed. 

 

Council member Clouse had some general comments about what the Council’s role in these matters.  This started from the failure of the compliance checks that we made.  At that time, the Council said we need to do something which resulted in the press clippings and information people read in the community.  The Council held a study session where legal counsel relayed to them at that time what he shared tonight.  They found that the Council could not take a lot of actions because of the legal authority they have with liquor licenses.  At that point, they discussed what else could be done.   Mayor Hadley attended a conference last week, Mr. Clouse said he planned on one the next day dealing with different issues involving the youth in our communities and some of the problems we have.  The things that he heard from the conversations at this meeting are in line with what the Council has been talking about.  Even though there are limited things they can do with liquor licenses; there are things they can do to take a leadership role in helping to resolve these problems.  One of those things is with the entities that fail their compliance checks or have been ticketed so that it does not become an automatic process.  They have talked about that issue internally of having a process in place so they do not make it easy for the offender. 

 

Council member Clouse stated further that the problem before them on this particular license is that it does not fit that category.  They have not got that process in place yet, but they do plan on doing just that.  They have been searching for what can the Council do to be proactive.  That being said, the Council is just one entity.  They need everyone in the community to take that stand.  He listed a full page of events that we think are fun in the community and that we pride ourselves on and found that 90 percent of them involve alcohol.  As a community we need to get our arms around it, the Council can do their part, but we’re trying to determine what their role is so we can step up and take a leadership role.  He did not believe that he is backing down from a leadership role, but that their hands are legally tied from doing what people on the surface say you can just deny this and it will be okay.  He thought we need to have another process in place, where they work together as a community to figure this thing out.

 

Mayor Hadley stated he spent three days of last week attending a drinking conference in Tucson, Arizona.  That did not make him an expert, but he found out that this is not only a problem in our community, but a nationwide problem.  One of the major speakers made the comment, “you don’t win by pointing the finger all of the time at the alcohol industry”.   He believed that to an extent pointing the finger at the alcohol industry is what they have being doing at this meeting and that will not solve the problem.  The City of Kearney does take the problem of underage drinking seriously by conducting the compliance tests.  He has spent time on the Internet looking at different compliance tests, just to see what is written about them.  Chief Lynch had stated that Kearney’s failure rate was about 10-11 percent.  Mayor Hadley was amazed at the reports that there are communities across the country that said how good they were getting with 25 percent failures.  He found under the New Hampshire Bureau of Alcohol, their failure rate was 25-30 percent on compliance tests.  Kearney does have a problem and we need to do something.  Ms. Bentley and the coalition that she is putting together is a great step in the right direction.  He had made a list of eight groups (teens, parents, other adults, the alcohol industry, K-12 schools, university, community and society) mentioned at this meeting and they are all responsible for underage drinking and for solving that problem. 

 

Council member Buschkoetter stated he has a unique perspective with what he does for a living being a schoolteacher.  He teaches a political science class about current events.  One of the issues they discuss is teen drinking.  He has had students propose bills before Congress in class like to lower the drinking age, etc.  The other issue is that his parents had a liquor license for 37 years in three different communities. His parents owned a liquor store, restaurant and a restaurant that also served beer off sale.  His mom failed a compliance check at one time.  He agreed that it would not solve anything to blame one liquor store or blame the industry.  They need to start finding some solutions as a community.  They need to make some movement in that direction, but blaming Bill’s Liquor is not going to get the job done.  He thought that not automatically renewing a license is a step in the right direction and is not an indictment on the liquor licensee that we have been talking about or any other.  He believed that since the Council has the authority to make a recommendation, they should make that recommendation.  

 

Council member Lear stated that he believed that a very positive thing has come out of a negative background for this meeting.  This has given the community the opportunity to talk openly and with a lot of passion on both sides, which is good for finding solutions to this issue.  The history of the City Council has been to do everything they can to identify poor license holders and remove from being eligible to serve in this community.  Their history of doing that was received by a “blind eye” from the Liquor Control Commission and by a “deaf ear” from the Nebraska Supreme Court.  They will continue to address that issue.  In this particular case, they do not have a case before them that demonstrates that Bill’s Liquor is other than a responsible license holder.  They have not met a standard that they are a poorly managed institution that needs to be scrutinized by the Liquor Control Commission on the Council’s recommendation. 

 

Moved by Lear seconded by Hadley to close the hearing and approve Resolution No. 2005-125 to allow JCB ENTERPRISES, INC., dba “Bill’s Liquor” to submit their application for automatic renewal of a Retail Class C Liquor License. Roll call resulted as follows: Aye: Hadley, Lear, Kearney. Nay: Buschkoetter and Clouse. Motion carried.

 

RESOLUTION NO. 2005-125

 

            WHEREAS, JCB ENTERPRISES, INC., dba “Bill’s Liquor” has managed a Class ‘C’ (Beer, Wine, Distilled Spirits – On and Off Sale) Liquor License at 2402 2nd Avenue, Kearney, Nebraska; and

            WHEREAS, in accordance with Section 53-135.01 of the Nebraska Revised Statutes, the City Clerk published individual notices of the right of automatic renewal of each Class C liquor licenses within the City of Kearney, Nebraska; and

            WHEREAS, written protests to the issuance of the automatic renewal of JCB ENTERPRISES, INC., dba “Bill’s Liquor” were filed prior to August 10, 2005; and

            WHEREAS, the Kearney City Council held a hearing on August 23, 2005 to determine whether continuation of the license should be allowed.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska that JCB ENTERPRISES, INC., dba “Bill’s Liquor” located at 2402 2nd Avenue, Kearney, Nebraska, to allow JCB ENTERPRISES, INC., dba “Bill’s Liquor” to submit their application for automatic renewal of their Class C liquor license to the Nebraska Liquor Control Commission.

            PASSED AND APPROVED THIS 23RD DAY OF AUGUST, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

AMEND 2004-2005 BUDGET

 

Mayor Hadley opened the public hearing on revising the City of Kearney Budget for the 2004-2005 Fiscal Year.

 

Director of Finance and Administration Wendell Wessels presented this matter to the Council. By law, the City may not expend more than the total budget of expenditures unless the provisions of Section 13-511 of the Nebraska Revised Statutes are met.  Due to unforeseen circumstances, actual expenditures for the current fiscal year will exceed budgeted expenditures in four funds unless the current fiscal year budget is supplemented.  Under these circumstances, state law requires that a public hearing be conducted to supplement the previously adopted budget and an ordinance be passed authorizing the expenditure of the additional requirements.

 

An explanation of the budget adjustments for the four funds are as follows:

 

Police Reserve:  The budgeted expenditures in the Police Reserve Fund need to be increased from $0.00 to $54,891.72, or by $54,891.72.  At the time the 2004-2005 budget was prepared last year, it was anticipated that various donated monies received were going to be expended prior to October 1, 2004.  However, the monies that were expected to be expended prior to October 1, 2004 did not get spent.  Therefore, this budget needs to be revised to provide the authority to expend the donated funds during the current fiscal year. 

 

Fire Reserve:  The budgeted expenditures in the Fire Reserve Fund need to be increased from $90,500.00 to $208,740.00, or by $118,240.00.  The increase is required because the amount budgeted to pay construction costs relative to the Storage/Training Building Project was not adequate.  At the time the 2004-2005 budget was prepared last year, it was anticipated that most of the costs related to this project were going to be paid prior to October 1, 2004.  However, the costs that were anticipated to be paid prior to October 1, 2004 did not get paid and, therefore, are expected to be paid during the 2004-2005 fiscal year.  Therefore, this budget needs to be revised to provide the authority to expend the funds to pay the expenses related to the storage/training building project.

 

Park & Recreation Development:  The budgeted expenditures in the Park & Recreation Development Fund need to be increased from $707,226.55 to $1,114,876.55, or by $407,650.00.  The increase is required because the amount budgeted to pay construction costs relative to the Trail Phase III Project, and various other projects were not adequate.  At the time the 2004-2005 budget was prepared last year, it was anticipated that most of the costs related to these projects were going to be paid prior to October 1, 2004.  However, the costs that were anticipated to be paid prior to October 1, 2004 did not get paid and, therefore, are expected to be paid during the 2004-2005 fiscal year.  Therefore, this budget needs to be revised to provide the authority to expend the funds to pay the expenses related to the various park improvement projects.

 

Street Improvement:  The budgeted expenditures in the Street Improvement Fund need to be increased from $4,830,000.00 to $6,479,480.00, or by $1,649,480.00.  The increase is required because the amount budgeted to pay construction costs relative to various street improvement projects were not adequate.  At the time the 2004-2005 budget was prepared last year, it was anticipated that most of the costs related to these projects were going to be paid prior to October 1, 2004.  However, the costs that were anticipated to be paid prior to October 1, 2004 did not get paid and, therefore, are expected to be paid during the 2004-2005 fiscal year.  Therefore, this budget needs to be revised to provide the authority to expend the funds to pay the expenses related to the various street improvement projects.

 

No additional property taxes or other funding is required to fund these budget increases.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve revising the City of Kearney Budget for the 2004-2005 Fiscal Year. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

IV.    CONSENT  AGENDA

 

Moved by Hadley seconded by Kearney that Subsections 1 through 18 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held August 9, 2005, and Minutes of Joint City/County Budget Meeting held August 10, 2005.

 

2.         Approve the following Claims: AT&T $70.22 smcs; Alltel $590.21 smcs; Amax $17.28 co; APWA $707.00 smcs; Amer Rod & Gun $371.51 smcs; Anderson Bros $108.28 smcs; Anderson Ford $12,717.00 co; Baker & Taylor $3,539.55 smcs; Bamford $150.00 smcs; BBC Audiobooks $57.00 smcs; Big Flag Farm $44.00 smcs; Bluecross Blueshield $54,472.23 smcs; Bosselman $29,882.63 smcs; Bound to Stay $591.21 smcs; Bowman,R $26.17 smcs; Broadfoot's $2,087.00 smcs; Buffalo Co Court $176.22 ps; Buffalo Co Register of Deeds $40.50 smcs; Buffalo Co Sheriff $43.34 smcs; Builders $48.76 smcs; Cash-Wa $3,463.30 smcs; Chesterman $1,733.50 smcs; Churchich $17,508.44 smcs,co; City of Ky $67,428.24 smcs,co; CODI $295.00 smcs; College Savings Plan $50.00 ps; Comfy Bowl $170.40 smcs; Crocker Monogramming $127.00 smcs; Culligan $55.55 smcs; Dawson Co PPD $2,379.46 smcs; Dell $1,252.02 co; Deterding's $1,889.03 smcs; Development Council $5,000.00 smcs; DPC Industries $4,420.06 smcs; Dutton-Lainson $385.74 smcs,co; Eagle Dental $30.00 smcs; Eakes $2,155.39 smcs,co; Eastern Library $85.00 smcs; EDM $1,084.92 smcs; Eirich,T $178.60 smcs; Elliott Equipment $5,950.74 smcs; Eustis Body Shop $160.00 smcs; Farm Plan $289.96 smcs; Fearnley,M $25.00 smcs; Fedex $13.96 smcs; Fiddelke Heating $157.21 smcs; Freburg,N $184.62 ps; Frontier $85.50 smcs; Garrett Tires $45.55 smcs; Gateway Realty $42.60 smcs; Great Plains One Call $433.16 smcs; Greenwood Publications $1,132.89 smcs; H&H Distributors $554.40 smcs; Harley Davidson $192.59 smcs; Harrison,R $14.30 smcs; Hart,S $11.30 smcs; Hill,M $126.72 smcs; Hydrologic $175.00 smcs; IAEI $90.00 smcs; IAET $75.00 smcs; ICMA $2,365.95 ps; IRS $90,266.66 ps; Johnson Controls $566.58 smcs; Johnson,S $178.60 smcs; Ky Clinic $1,591.00 smcs,ps; Ky Crete $626.81 smcs,co; Ky Glass $3,790.00 co; Ky Hub $4,108.83 smcs,co; Ky Towing $190.00 smcs; Ky Winlectric $7.78 smcs; Kelly Electric $155.00 smcs; L.T.'s Brokerage $730.50 smcs; Larson,J $56.65 smcs; Laughlin,K $360.00 ps; Lindner,S $126.30 smcs; Linweld $4,095.35 smcs,co; Magic Cleaning $3,550.00 smcs; Mason Motors $22.28 smcs; McKibben,C $12.58 smcs; Mid America Pay Phones $100.00 smcs; Mid-State Engineering $465.00 co; Midwest Laboratories $200.00 smcs; Midwest Pump $1,316.28 smcs; Midwest Turf $159.23 smcs; Milco $2,506.90 smcs; Miller & Associates $16,505.29 smcs,co; Mitchell Repair $447.30 smcs; Morris Press $92.66 smcs; Municipal Supply $539.61 smcs; Nat'l Paper Supply $192.66 smcs; NWWA $892.28 smcs; NE Child Support. $1,251.74 ps; NE Dept of Aeronautics $370.00 ds; NE Golf & Turf $1,625.36 smcs; NE Truck $176.03 smcs; NEland Distributors $933.00 smcs; Northwestern $1,074.49 smcs; Office Depot $162.56 smcs; Officenet $515.41 smcs; Olive Software $400.00 co; Overhead Door $108.18 smcs; Paramount $280.50 smcs; Paul Otto Curb Grinding $153.00 co; PEP $51.10 smcs; Pepsi-Cola $3,067.00 smcs; Platte Valley Comm $459.80 smcs; Presto-X $124.00 smcs; Price's Tree Service $4,015.00 smcs; Quality Books $2,982.88 smcs; Random House $960.00 smcs; Ready Mixed Concrete $7,791.00 co; Recognition Unlimited $49.75 smcs; Recorded Books $365.30 smcs; Reserve Account $8,000.00 smcs; Riverside $3,533.40 smcs; SAFE Center $152.82 smcs; Sargent Drilling $2,118.70 smcs; Solid Waste Agency $61.98 smcs; Sorenson Group $22,594.29 co; State Fire Marshal $455.00 smcs; Stocker,K $11.29 smcs; Taser Int'l $80.00 smcs; Tecco $836.17 smcs; Thompson,J $178.60 smcs; Thompson,L $60.00 smcs; Tielke Ent $153.92 smcs; Tracy,K $124.00 smcs; Turner Body Shop $135.00 smcs; USTA $25.00 smcs; Vetronix $2,521.00 smcs; Video Service $19.45 co; Walton,T $178.60 smcs; Washington State Support $102.00 ps; West Central NE Home $360.00 smcs; West Publishing $1,322.25 smcs; Young,J $108.50 smcs; Payroll Ending 8-6-2005 -- $283,992.43; and Payroll Ending 8-20-2005 -- $271,521.34.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney

 

3.         Receive recommendations of Planning Commission and set September 13, 2005 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the Developer Constructed Infrastructure Agreement for Lot 38 of Block 2, Grandview Estates Third Addition between the City of Kearney and Illride Enterprises, LLC and approve Resolution No. 2005-126.

 

RESOLUTION NO. 2005-126

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” for Lot 38 of Block 2, Grandview Estates Third Addition to the City of Kearney, Buffalo County, Nebraska be and is hereby accepted and approved. A copy of said Agreement marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Illride Enterprises, LLC to construct public improvements in accordance with the Kearney City Code.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 23RD DAY OF AUGUST, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

5.         Approve the Developer Constructed Infrastructure Agreement for Stoneridge Fifth Addition between the City of Kearney and Pedcor Investments, LLC to construct the public improvements in accordance with the Kearney City Code and approve Resolution No. 2005-127.

 

RESOLUTION NO. 2005-127

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” for Stoneridge Fifth Addition to the City of Kearney, Buffalo County, Nebraska be and is hereby accepted and approved. A copy of said Agreement marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Pedcor Investments, LLC to construct public improvements in accordance with the Kearney City Code.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 23RD DAY OF AUGUST, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

6.         Approve the application submitted by Susan Underhill to extend Conditional Use Permit No. 1979-06 to locate a day care center at 2803 Avenue I for a period of one year.

 

7.         Approve Application and Certificate for Payment No. 3 in the amount of $88,299.52 submitted by Midlands Contracting and approved by Miller & Associates for the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue; and Water District No. 2005-540 West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition and approve Resolution No. 2005-128.

 

RESOLUTION NO. 2005-128

 

            WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue, and Water District No. 2005-540 West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 3 in the amount of $88,299.52 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$928,987.00
Change Order No. 1 (4-26-2005)	- 219,141.86
Change Order No. 2 (7-12-2005)	+119,889.00
Contract Sum To Date	829,734.14
Gross Amount Due	769,269.58
Retainage	38,463.48
Amount Due to Date	730,806.10
Less Previous Certificates for Payment	642,506.58
Current Payment Due	$88,299.52

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 3, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF AUGUST, 2005.

 

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

8.         Approve Application and Certificate for Payment No. 1 in the amount of $119,632.59 submitted by Midlands Contracting and approved by Miller & Associates for the 2005 Part III Improvements – Bid A consisting of Water District No. 2005-536 for 9th Avenue from 10th Street to 11th Street; Sewer District No. 2005-479 for 9th Avenue from 10th Street to 11th Street; Sewer District No. 2005-480 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Sewer District No. 2005-481 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; and Sewer District No. 2005-482 for Redwood Lane from the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac and approve Resolution No. 2005-129.

 

RESOLUTION NO. 2005-129

 

            WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2005 Part III Improvements – Bid A consisting of Water District No. 2005-536 for 9th Avenue from 10th Street to 11th Street; Sewer District No. 2005-479 for 9th Avenue from 10th Street to 11th Street; Sewer District No. 2005-480 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Sewer District No. 2005-481 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; and Sewer District No. 2005-482 for Redwood Lane from the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $119,632.59 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$225,161.00
Contract Sum To Date	225,161.00
Gross Amount Due	132,925.10
Retainage	13,292.51
Amount Due to Date	119,632.59
Less Previous Certificates for Payment	.00
Current Payment Due	$119,632.59

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 1, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF AUGUST, 2005.

 

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

9.         Approve Application and Certificate for Payment No. 1 in the amount of $149,871.60 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue and approve Resolution No. 2005-130.

 

RESOLUTION NO. 2005-130

 

            WHEREAS, Paulsen, Inc. has performed services in connection with the 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $149,871.60 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$1,036,342.20
Contract Sum To Date	1,036,342.20
Gross Amount Due	166,524.00
Retainage	16,652.40
Amount Due to Date	149,871.60
Less Previous Certificates for Payment	.00
Current Payment Due	$149,871.60

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 1, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF AUGUST, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

10.        Approve the application to conduct a parade submitted by the Kearney Visitors Bureau and UNK’s Music Department for UNK Band Day to be held on September 24, 2005 beginning at 9:00 a.m. starting at Central Avenue and Railroad Street, north on Central Avenue to 27th Street, west on 27th Street and ending at the UNK Campus.  Parking will be banned on Central Avenue from North Railroad Street to 25th Street beginning at 1:00 a.m. on the morning of September 25.  The staging area to be closed beginning at 6:00 a.m. include Railroad Street from 4th Avenue to Avenue E, Avenue A from 21st Street to Railroad Street, and Avenues B, C and D from Railroad Street to 22nd Street, 3rd Avenue from Railroad Street to 22nd Street, and 1st Avenue from Railroad Street to 21st Street.  This request will also allow for the selling of refreshments during the parade.

 

11.        Approve Change Order No. 1 showing a decrease in the amount of $14,166.72, Application and Certificate for Payment No. 5-Final in the amount of $168,196.45, and the Certificate of Substantial Completion submitted by Starostka Group and approved by Miller & Associates for the 2004 Part VII Improvements – Bid A consisting of Water District No. 2004-533 for Avenue K from 14th Street north to 15th Street, Water District No. 2004-534 for 14th Street from Avenue K east to Avenue M; Sewer District No. 2004-475 for Avenue K from 14th Street north to 15th Street, Sewer District No. 2004-476 for 14th Street from Avenue K east to Avenue M, Sewer District No. 2004-477 for 15th Street from Avenue K east to Avenue M; Water Connection District No. 2004-1 for 20th Street from Avenue M east to Avenue O, Water Connection District No. 2004-2A for Avenue N from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove Addition, Water Connection District No. 2004-3A for Avenue O from 20th Street north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition, Water Connection District No. 2004-4 for Avenue D from 11th Street north to 13th Street; Sewer Connection District No. 2004-1 in a sanitary sewer easement in 18th Street, if extended, to Avenue O, Sewer Connection District No. 2004-2A for Avenue O from 18th Street, if extended, north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition, Sewer Connection District No. 2004-3 for 20th Street from Avenue M east to Avenue O, Sewer Connection District No. 2004-4A for Avenue N from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove Addition, Sewer Connection District No. 2004-5 for 21st Street from Avenue M east to Avenue N, Sewer Connection District No. 2004-6 for 22nd Street from Avenue M east to Avenue N, Sewer Connection District No. 2004-7 for Avenue D from 11th Street north to 13th Street, and the Water Main Replacement Project for 4th Avenue between 22nd Street and 23rd Street and approve Resolution No. 2005-131.

 

RESOLUTION NO. 2005-131

 

            WHEREAS, Starostka Group Unlimited has performed services in connection with the 2004 Part VII Improvements – Bid A consisting of Water District No. 2004-533 for Avenue K from 14th Street north to 15th Street, Water District No. 2004-534 for 14th Street from Avenue K east to Avenue M; Sewer District No. 2004-475 for Avenue K from 14th Street north to 15th Street, Sewer District No. 2004-476 for 14th Street from Avenue K east to Avenue M, Sewer District No. 2004-477 for 15th Street from Avenue K east to Avenue M; Water Connection District No. 2004-1 for 20th Street from Avenue M east to Avenue O, Water Connection District No. 2004-2A for Avenue N from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove Addition, Water Connection District No. 2004-3A for Avenue O from 20th Street north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition, Water Connection District No. 2004-4 for Avenue D from 11th Street north to 13th Street; Sewer Connection District No. 2004-1 in a sanitary sewer easement in 18th Street, if extended, to Avenue O, Sewer Connection District No. 2004-2A for Avenue O from 18th Street, if extended, north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition, Sewer Connection District No. 2004-3 for 20th Street from Avenue M east to Avenue O, Sewer Connection District No. 2004-4A for Avenue N from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove Addition, Sewer Connection District No. 2004-5 for 21st Street from Avenue M east to Avenue N, Sewer Connection District No. 2004-6 for 22nd Street from Avenue M east to Avenue N, Sewer Connection District No. 2004-7 for Avenue D from 11th Street north to 13th Street, and the Water Main Replacement Project for 4th Avenue between 22nd Street and 23rd Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $14,166.72 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Starostka Group Unlimited and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 5-Final in the amount of $168,196.45 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$472,731.38
Change Order No. 1 (8-23-2005)	-   14,166.72
Contract Sum To Date	458,564.66
Gross Amount Due	458,564.66
Retainage	.00
Amount Due to Date	458,564.66
Less Previous Certificates for Payment	290,368.21
Current Payment Due	$168,196.45

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of June 20, 2005, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as shown on Exhibit “A”, Application and Certificate of Payment No. 5-Final as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF AUGUST, 2005.

 

ATTEST:                                                                                   GALEN D. HADLEY

                                                                                                PRESIDENT OF THE COUNCIL

                                                                                                AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

12.        Approve the request submitted by the University of Nebraska to conduct a 5K Run/3K Walk on September 26, 2005 beginning at 5:30 p.m. and to block off the right lane of eastbound traffic on University Drive from 24th Street (Highway 30) north/northeasterly to 9th Avenue.

 

13.        Approve supporting Rural Enterprise Assistance Project (REAP) by providing business development services under the newly approved Community Development Block Grant program and approve Resolution No. 2005-132.

 

RESOLUTION NO. 2005-132

 

            WHEREAS, the City of Kearney, Nebraska is an eligible unit of general government authorized to participate in Community Development Block Grant (CDBG) Programs through the State of Nebraska Department of Economic Development (NDED); and

            WHEREAS, our community and surrounding area has a strong need for business development services and we agree that our community is part of a Rural Enterprise Assistance Project (REAP)-CDBG service area in Nebraska; and

            WHEREAS, our community would like the services of Rural Enterprise Assistance Project to be available for start-up and existing entrepreneurs, as needed; and

            WHEREAS, the work of the Rural Enterprise Assistance Project Program is consistent with local and area-wide strategic plans for community and economic development and will be coordinated with other economic development activities in the project area; and

            WHEREAS, working together will create more opportunities for entrepreneurs and will further enhance the overall effectiveness of all program partners.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that we support the provision of services by the Rural Enterprise Assistance Project in the City and surrounding area.

            PASSED AND APPROVED THIS 23RD DAY OF AUGUST, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

14.        Approve the Agreement between the City of Kearney and Fun Time Amusement Inc. to connect a building on property described as Lots 133 and 134, South Kearney Addition (915 Avenue A) to a water main and approve Resolution No. 2005-133.

 

RESOLUTION NO. 2005-133

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement between the City of Kearney and Fun Time Amusement Inc.  A copy of said Agreement, marked as Exhibit “A” is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 23RD DAY OF AUGUST, 2005.

 

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

 

MICHAELLE E. TREMBLY

CITY CLERK

 

15.        Approve Change Order No. 3 showing a decrease in the amount of $61,951.21, Application and Certificate for Payment No. 6-Final in the amount of $29,961.36, and the Certificate of Substantial Completion submitted by Blessing, LLC and approved by Miller & Associates for the 2004 Part I Improvements – Phase III consisting of Paving Improvement District No. 2004-885 for 30th Avenue from 31st Street north to 39th Street and approve Resolution No. 2005-134.

 

RESOLUTION NO. 2005-134

 

            WHEREAS, Blessing, LLC has performed services in connection with the 2004 Part I Improvements – Phase III consisting of Paving Improvement District No. 2004-885 for 30th Avenue from 31st Street north to 39th Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 3 showing a decrease in the amount of $61,951.21 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Blessing, LLC and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 6-Final in the amount of $29,961.36 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$945,531.50
Change Order No. 1 (12-28-2004)	+       660.00
Change Order No. 2 (6-28-2005)	+  19,710.85
Change Order No. 3 (8-23-2005)	-   61,951.21
Contract Sum To Date	903,951.14
Gross Amount Due	903,951.14
Retainage	.00
Amount Due to Date	903,951.14
Less Previous Certificates for Payment	873,989.78
Current Payment Due	$  29,961.36

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of May 13, 2005, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 3 as shown on Exhibit “A”, Application and Certificate of Payment No. 6-Final as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF AUGUST, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

16.        Approve Application and Certificate for Payment No. 4 in the amount of $13,789.90 submitted by Blessing, LLC and approved by Miller & Associates for the 2004 Part IX Improvements – Bid B consisting of Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; and Paving Improvement District No. 2004-891 for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition and approve Resolution No. 2005-135.

 

RESOLUTION NO. 2005-135

 

            WHEREAS, Blessing, LLC has performed services in connection with the 2004 Part IX Improvements – Bid B consisting of Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891 for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 4 in the amount of $13,789.90 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$188,558.50
Contract Sum To Date	188,558.50
Gross Amount Due	183,899.00
Retainage	13,600.00
Amount Due to Date	170,299.00
Less Previous Certificates for Payment	156,509.10
Current Payment Due	$  13,789.90

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 4 as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF AUGUST, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

17.        Approve the recommendation from Administration on accepting the public sanitary sewer improvements for Lots 1 through 18 inclusive of Block 3, Marianne Hunt 2nd Addition to the City of Kearney, Buffalo County, Nebraska that was constructed under a Developer Constructed Infrastructure Agreement and approve Resolution No. 2005-136.

 

RESOLUTION NO. 2005-136

 

            WHEREAS, on the 9th day of November, 2004, the President and Council of the City of Kearney, Nebraska passed and approved Resolution No. 2004-208 authorizing the President of the Council to execute the Developer Constructed Infrastructure Agreement between the City of Kearney and James Hunt and Brad Hennig for the installation of public sanitary sewer improvements for Lots 1 through 18 inclusive of Block 3, Marianne Hunt 2nd Addition to the City of Kearney, Buffalo County, Nebraska; and

            WHEREAS, the Developer has constructed the public improvements which include sanitary sewer in accordance with the requirements and standards set forth in Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney; and

            WHEREAS, in accordance with Section 9-1318 “Acceptance of Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney the Developer has, by and through its attorney, certified to the City that there are no liens or other encumbrances against the construction work; and

            WHEREAS, the City’s Engineers have determined that the work is in compliance with the design and is complete.

            NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the public sanitary sewer improvements for Lots 1 through 18 inclusive of Block 3, Marianne Hunt 2nd Addition to the City of Kearney, Buffalo County, Nebraska have been constructed in accordance with Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney and that the said public improvements be and are hereby accepted.

            PASSED AND APPROVED THIS 23RD DAY OF AUGUST, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

18.        Approve the request submitted by the Kearney Volunteer Fire Department to display a banner across Central Avenue and 22nd Street from September 25, 2005 until October 2, 2005 for their annual pancake feed.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7194 – AMEND ARTICLE 7 OF CHAPTER 9 “PUBLIC WORKS” TO ADOPT THE NATIONAL ELECTRICAL CODE, 2005 EDITION

 

Council Member Kearney introduced Ordinance No. 7194, being Subsection 1 of Agenda Item V to amend Article 7 “Electricity” of Chapter 9 “Public Works” as follows: to amend Section 9-734 “Electrical Code; Adopted”, to adopt the National Electrical Code, 2005 Edition; to amend Section 9-736.1 “Service Masts as Supports” to reference the National Electrical Code, 2005 Edition; to amend Section 9-750 “Section 210.12 Amendment; Arc-Fault Circuit-Interrupter Protection” to reference the National Electrical Code, 2005 Edition; to amend Section 9-751 “Section 334-10 Amendment; Uses Permitted for Non-Metallic Sheathed Cable” to reference the National Electrical Code, 2005 Edition; to amend Section 9-752 “Section 334-12 Amended; Uses Not Permitted for Non-Metallic Sheathed Cable” to reference the National Electrical Code, 2005 Edition; to amend Section 9-753 “Section 403.102 Amended; Motor Disconnect, Location” to reference the National Electrical Code, 2005 Edition, all a part of the Kearney City Code, 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 Clouse 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, Clouse, Kearney, Buschkoetter. 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. 7194 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7194 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7194 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7195 – AMEND SECTION 58-106 TO CLARIFY LANGUAGE REFERENCING THE NATIONAL ELECTRICAL CODE

 

Council Member Kearney introduced Ordinance No. 7195, being Subsection 2 of Agenda Item V to amend Section 58-106 “Nonconforming Residential Uses” of Chapter 58 “Nonconforming Development” of the Unified Land Development Ordinance, being a part of the Code of the City of Kearney to clarify the language pertaining to the reference of the National Electrical Code, 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 Clouse 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, Clouse, Kearney, Buschkoetter. 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. 7195 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7195 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7195 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7196 – CREATE PAVING DISTRICT NO. 2005-904

 

Council Member Kearney introduced Ordinance No. 7196, being Subsection 3 of Agenda Item V to create Paving Improvement District No. 2005-904 for Avenue N from the south lot line of Lot 4 of Block 2, Eastbrooke Fourth Addition, thence north a distance of 210± feet, 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 Clouse 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, Clouse, Kearney, Buschkoetter. 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. 7196 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7196 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7196 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7197 – CREATE PAVING DISTRICT NO. 2005-905

 

Council Member Kearney introduced Ordinance No. 7197, being Subsection 4 of Agenda Item V to create Paving Improvement District No. 2005-905 for 47th Street Place from 6th Avenue to its terminus in a cul-de-sac, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse 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, Clouse, Kearney, Buschkoetter. 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. 7197 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7197 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7197 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7198 – CREATE WATER DISTRICT NO. 2005-541

 

Council Member Kearney introduced Ordinance No. 7198, being Subsection 5 of Agenda Item V to create Water District No. 2005-541 for 47th Street Place from 6th Avenue to its terminus in a cul-de-sac, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse 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, Clouse, Kearney, Buschkoetter. 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. 7198 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7198 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7198 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7199 – CREATE SEWER DISTRICT NO. 2005-484

 

Council Member Kearney introduced Ordinance No. 7199, being Subsection 6 of Agenda Item V to create Sewer District No. 2005-484 for 47th Street Place from 6th Avenue to its terminus in a cul-de-sac, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse 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, Clouse, Kearney, Buschkoetter. 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. 7199 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7199 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7199 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7200 – CREATE PAVING DISTRICT NO. 2005-905

 

Council Member Kearney introduced Ordinance No. 7200, being Subsection 7 of Agenda Item V to create Paving Improvement District No. 2005-906 for 4th Avenue from 44th Street north to 48th 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 Clouse 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, Clouse, Kearney, Buschkoetter. 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. 7200 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7200 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7200 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7201 – CREATE SEWER DISTRICT NO. 2005-485

 

Council Member Kearney introduced Ordinance No. 7201, being Subsection 8 of Agenda Item V to create Sewer District No. 2005-485 for 4th Avenue from 44th Street north a distance of 734.2± feet, 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 Clouse 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, Clouse, Kearney, Buschkoetter. 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. 7201 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7201 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7201 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7202 – CREATE WATER DISTRICT NO. 2005-542

 

Council Member Kearney introduced Ordinance No. 7202, being Subsection 9 of Agenda Item V to create Water District No. 2005-542 for 4th Avenue from 44th Street north a distance of 734.2± feet, 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 Clouse 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, Clouse, Kearney, Buschkoetter. 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. 7202 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7202 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7202 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7203 – ADOPT THE REVISED 2004-2005 CITY OF KEARNEY BUDGET

 

Council Member Lear introduced Ordinance No. 7203, being Subsection 1 of Agenda Item VI to adopt the City of Kearney Revised Budget Statement to be termed the Annual Appropriation Bill and to appropriate sums for necessary expenses and liabilities, 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, Kearney, Buschkoetter, Lear, 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. 7203 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Hadley that Ordinance No. 7203 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7203 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.

 

2005-2006 LEVY AUTHORITY FOR COMMUNITY REDEVELOPMENT AUTHORITY AND OFFSTREET PARKING DISTRICT NO. 1

 

Mayor Hadley opened for discussion the final allocation of levy authority in the amount of $127,500.00 for the Community Redevelopment Authority of the City of Kearney for fiscal year 2005-2006 and the final allocation of levy authority in the amount of $32,500.00 for Offstreet Parking District No. 1 for fiscal year 2005-2006 and to consider approval of Resolution No. 2005-137.

 

Director of Finance and Administration Wendell Wessels presented this matter to the Council. On April 11, 1996, the Nebraska Legislature enacted LB 1114 which reduced or eliminated the rate of taxation for property taxes authorized for cities and other political subdivisions.  Under LB 1114, the rates for levying property taxes are limited for each type of governmental unit in the State of Nebraska.  The rate for cities such as Kearney, after July 1, 1998, may not exceed $.45 per one hundred dollars of taxable value plus an additional $.05 for payments due under Inter-Local Cooperation Act agreements.  Additionally, after July 1, 1998, the allowable tax rates for Community Redevelopment Authorities and Offstreet Parking Districts have been eliminated.

Under LB 1114, the Community Redevelopment Authority and Offstreet Parking District No. 1 may submit a “Preliminary Request for Levy Allocation” to the City Council and be allocated property taxes, as authorized by law, which are allowed for the City of Kearney.  If the City Council approves a “Final Levy Allocation” for the Community Redevelopment Authority and Offstreet Parking District No. 1, their levy will be counted in the City of Kearney levy limit, which is $.45 per one hundred dollars of taxable value.

 

Section 77-3443.03 of the Nebraska Revised Statutes requires Community Redevelopment Authorities and Offstreet Parking Districts to submit a preliminary request for levy allocation to the City Council prior to August 1.  Additionally, Section 77-3443.04 of the Nebraska Revised Statutes requires the City Council to adopt, by September 1, a resolution which determines a final allocation of levy authority for the Community Redevelopment Authority and Offstreet Parking District No. 1.

 

The Community Redevelopment Authority has submitted a 2005 “Preliminary Request for Levy Allocation” in the amount of $127,500.00 and the Downtown Improvement Board has submitted a 2005 “Preliminary Request for Levy Allocation” in the amount of $32,500.00.  The Community Redevelopment Authority 2005 tax request is the same as the 2004 tax request and the Offstreet Parking District No. 1 2005 tax request is $7,500.00 more than the 2004 tax request.

 

LB 1114 requires that the City Council determine a “Final Allocation of Levy Authority” for the Community Redevelopment Authority and Offstreet Parking District No. 1 by September 1.  Based on the tax requirements included in the 2005-2006 budgets for the City of Kearney, the Community Redevelopment Authority, and Offstreet Parking District No. 1, the combined tax rate for all three entities will be well below the $.45 per one hundred dollars of taxable value allowed under LB 1114 for 2005.

 

Moved by Hadley seconded by Kearney to approve the final allocation of levy authority in the amount of $127,500.00 for the Community Redevelopment Authority of the City of Kearney for fiscal year 2005-2006 and the final allocation of levy authority in the amount of $32,500.00 for Offstreet Parking District No. 1 for fiscal year 2005-2006 and approve Resolution No. 2005-137. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-137

 

            WHEREAS, Neb. Rev. Stat. Section 77-3443.03, (R.R.S. 1943), as amended), requires Community Redevelopment Authorities and Offstreet Parking Districts to submit a preliminary request for levy allocation, on or before August 1, to the City Council; and

            WHEREAS, the Community Redevelopment Authority of the City of Kearney submitted to the City, on July 14, 2005, a preliminary request for levy allocation in the amount of $127,500.00; and

            WHEREAS, the Downtown Improvement Board, on behalf of Offstreet Parking District No. 1, submitted to the City, on June 8, 2005, a preliminary request for levy allocation  in the amount of $32,500.00; and

            WHEREAS, Neb. Rev. Stat. Section 77-3443.04, as amended, requires the City Council to adopt, by September 1, a resolution (by a majority vote of members present) which determines a final allocation of levy authority to the Community Redevelopment Authority and Offstreet Parking District No. 1.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to the provisions of Neb. Rev. Stat. Section 77-3443.04 (R.R.S. 1943), as amended, that a final allocation of levy authority of $127,500.00 is hereby approved for the Community Redevelopment Authority of the City of Kearney for 2005 and a final allocation of levy authority of $32,500.00 is hereby approved for Offstreet Parking District No. 1 for 2005.

BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to the provisions of Neb. Rev. Stat. Section 77-3443.04 (R.R.S. 1943), that the City Clerk is ordered to forward a copy of this resolution to the chairperson of the Community Redevelopment Authority of the City of Kearney and the chairperson of the Downtown Improvement Board.

            BE IT FURTHER RESOLVED that all ordinances and resolutions or parts if ordinances and resolutions in conflict herewith are hereby repealed.

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect September 1, 2005, and shall be published in pamphlet form.

            PASSED AND APPROVED THIS 23RD DAY OF AUGUST, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

KEARNEY MUNICIPAL AIRPORT CORPORATION – PLAN OF DISSOLUTION

 

Mayor Hadley opened for discussion the Plan of Dissolution adopted by the Kearney Municipal Airport Corporation and agree to accept the assets and assume the liabilities and obligations of the Kearney Municipal Airport Corporation and to consider approval of Resolution No. 2005-138.

 

Attorney Ken George presented this matter to the Council. After receiving a deed for the lands included in the United States Air Force Base located northeast of the City of Kearney on the 15th day of June, 1950, the City of Kearney formed the Kearney Municipal Airport Corporation (KMAC), effective September 10, 1951, to manage and operate the Airport facility in accordance with the terms and provisions of Chapter 3-201 et. seq. Airports and Landing Fields of the Nebraska Revised Statutes.  The KMAC has served as a management vehicle for the Airport, subject to all of its acts and legal operations being supervised and ratified by the Kearney City Council, until the present date.  However, due to rulings by the Department of Revenue of the State of Nebraska, the Airport Corporation’s operations have been subjected to imposition of sales tax on purchases of equipment, etc., which result in increased costs to the operation of the Airport.  On the recommendation of the City of Kearney Finance Director, Wendell Wessels, the Board has considered dissolving the Corporation and transferring the operation to the City as a regular department of the City.  This transfer and operation will be subject to the same powers, duties and authorities set forth in Chapter 3-201 et. seq. of the Nebraska Statutes, but will save the City (and KMAC) the payment of sales taxes for acquisitions, operations and contractual obligations.

 

The Resolution appearing before the Council for formal action by the Council acknowledges approval of the Plan of Dissolution of the KMAC and agrees to accept all assets and liabilities of the Corporation and the continued responsibility for operation of the Airport as a City department.

 

Moved by Kearney seconded by Clouse to approve the Plan of Dissolution adopted by the Kearney Municipal Airport Corporation and agree to accept the assets and assume the liabilities and obligations of the Kearney Municipal Airport Corporation and approve Resolution No. 2005-138. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-138

 

            WHEREAS, at the recommendation of the administrative staff of the City of Kearney, Nebraska, and by resolutions duly adopted, the Board of Directors of the Kearney Municipal Airport Corporation, a Nebraska Nonprofit Corporation, resolved that the Kearney Municipal Airport Corporation be dissolved in accordance with the Nebraska Nonprofit Corporation Act and the “Plan of Dissolution” adopted by the Board of Directors (hereinafter referred to as the “Plan”), a copy of which is attached hereto as Exhibit “A” and by this reference fully incorporated herein and made a part hereof;

WHEREAS, under the Plan, substantially all of the assets of the Kearney Municipal Airport Corporation, along with its debts and liabilities, are to be transferred to the City of Kearney, Nebraska, and the City of Kearney, Nebraska, shall be the owner, operator and manager of the Kearney Municipal Airport. 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, as follows:

                        “RESOLVED, that the City of Kearney, Nebraska, consents to and approves of the adoption of the Plan by the Kearney Municipal Airport Corporation;

                        RESOLVED FURTHER, that the City of Kearney, Nebraska, shall accept from the Kearney Municipal Airport Corporation the assets that are to be distributed to it under the Plan and, upon such distribution, shall own, operate and manage the Kearney Municipal Airport as provided therein;

                        RESOLVED FURTHER, by accepting the distribution of such assets, the City of Kearney, Nebraska, agrees to the terms and provisions of Paragraph 4 of the Plan and the promises and agreements of City of Kearney, Nebraska, set forth therein, including, but not limited to, assuming and agreeing to pay all lawfully enforceable debts, obligations and liabilities of the Kearney Municipal Airport Corporation and assuming and performing, those duties and obligations of the Kearney Municipal Airport Corporation, as the City of Kearney, Nebraska, in its sole and absolute discretion, deems necessary, advisable or appropriate, under executory contracts distributed to the City of Kearney, Nebraska, under the Plan.

            PASSED AND APPROVED THIS 23RD DAY OF AUGUST, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

SPECIAL DESIGNATED LICENSE – BILL’S LIQUOR; SEPTEMBER 22, 2005

 

Mayor Hadley stated that Regular Agenda Items 4 and 5 will be discussed and voted on together.

 

Mayor Hadley opened for discussion the application for a Special Designated License submitted by JCB ENTERPRISES, INC., dba “Bill’s Liquor” in connection with their Class CK-39105 liquor license to dispense beer, wine and distilled spirits in the Great Platte River Road Archway Monument, 3060 East 1st Street, on September 22, 2005 from 1:00 p.m. until 12:00 a.m. (midnight) for a reception/ business meeting.

 

Gerry Becker, 4111 19th Avenue, presented this matter to the Council. He has had his catering license since 1995.  He explained that in all that time, he only had one incident in a small town way up north.  He knows how to control people at these events and he has done it.  Council member Buschkoetter commented that Mr. Becker has done well with these SDL licenses, as well as the other liquor licenses, but he still believed that they need a change in policy.  Council member Buschkoetter stated he saw no conflict in moving to approve the applications for two Special Designated Licenses submitted by Bill’s Liquor.

 

Mr. Becker asked to make additional comments relative to earlier comments because there is a big question hanging out there.  First of all he has lived in this community for 43 years.  He has managed groups of people of up to 200 in manufacturing.  He has traveled all over the world and he has dealt with 100’s of people foreign, local, national, international, but then they had to make a change and he wound up buying a business.  At that time, he did not know anything about retail.  His function had always been manufacturing and distribution through wholesalers and dealers all over the country.  He worked directly with the Mexican government, the President of the country, and saved them millions and millions of dollars.  He did not come into his business lightly.  The company that he worked for had a training program in which he was certified to interview management level and entry level employees going into the factory.  This group is known as the “Gallop People” and were originally located in Lincoln as “Support Services Selection Research Institute”.  He has kept that interview process in place all of these years.  He had just used that process this past weekend.  The process helps to identify the people that you think are going to be the best that you can find.  Not everyone is going to be the best.  Some are a lot better in doing their job, taking instructions and following instructions, than others.  You will find the same thing when you go out to cater.  He has people that come with him that are diligent in what they are doing and a lot better than others.  There are some that you can instruct until the “cows come home”. 

 

Mr. Becker stated further that he watched this one individual, who he brought aboard, for 60 days.  He has a video system in his store that allows him to be in his office doing his job and viewing and listening to employees doing their jobs.  He can call that tape up any time if there is an incident.  He watched this particular individual day in and day out for 60 days.  He allowed him to be scheduled in to the other store (Bill’s Liquor West) and he did fine.  He had only worked two nights (all the other times were days).  Mr. Becker admitted to the Liquor Commission that “we did it and it’s too bad, but we did it.”  The paper told him how much the fine was, he had not even been notified by the Liquor Commission at that point. This employee absolutely did not card just this compliance, but he did not card anybody.  The fact is this employee just did not do it flat out.  Mr. Becker said he has no excuses for it but that is the way that it happened and he got caught in the middle. 

 

Moved by Buschkoetter seconded by Hadley to approve the application for a Special Designated License submitted by JCB ENTERPRISES, INC., dba “Bill’s Liquor” in connection with their Class CK-39105 liquor license to dispense beer, wine and distilled spirits in the Great Platte River Road Archway Monument, 3060 East 1st Street, on September 22, 2005 from 1:00 p.m. until 12:00 a.m. (midnight) for a reception/ business meeting. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

SPECIAL DESIGNATED LICENSE – BILL’S LIQUOR; SEPTEMBER 24, 2005

 

Moved by Buschkoetter seconded by Hadley to approve the application for a Special Designated License submitted by JCB ENTERPRISES, INC., dba “Bill’s Liquor” in connection with their Class CK-39105 liquor license to dispense beer, wine and distilled spirits in the Great Platte River Road Archway Monument, 3060 East 1st Street, on September 24, 2005 from 1:00 p.m. until 1:00 a.m. for a wedding reception/dance. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

OPEN ACCOUNT CLAIMS  NEBRASKA PUBLIC POWER DISTRICT -- $2,787.52; FREMONT NATIONAL BANK -- $31,241.75

 

Moved by Hadley seconded by Kearney that Open Account Claims in the amount of $2,787.52 payable to Nebraska Public Power District and $31,241.75 payable to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Kearney. Nay: None. Clouse and Lear abstained. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Kearney seconded by Clouse that Council adjourn at 9:02 p.m. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

 

                                                                                    GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK