Kearney, Nebraska
September 24, 2002
7:30 p.m.
Prior to the regular Council
meeting, the Council met as the Board of Directors for the Kearney Municipal
Airport Corporation in open and public session at 7:30 p.m. on September 24,
2002 in the Council Chambers at City Hall.
This meeting adjourned at 7:52 p.m.
A meeting of the City Council of Kearney, Nebraska, was then convened in
open and public session at 7:53 p.m. in the Council Chambers at City Hall. Present were: Peter Kotsiopulos, President of the Council; Michaelle Trembly,
City Clerk; Council Members Bruce Blankenship, Randy Buschkoetter, Don Kearney,
and Jose Zapata. Absent: None. G. Allen Johnson, City Manager; Michael
Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels,
Director of Finance and Administration; Kirk Stocker, Director of Utilities;
and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience
included: Eddie Walters, Roxanne Walters, Bruce Nielsen, Ivan Marshall, Neal
Lewis, Scott Nugent, Julie Nugent, Steve Kearney, Virginia Kearney, Mike Konz,
Dave Jenner.
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
A moment of silence was held.
PLEDGE OF ALLEGIANCE
Boy Scouts Logan Rall and Brad
Karr led the Council members and audience in the Pledge of Allegiance.
RECOGNITION – BRUCE NIELSEN AND EDDIE WALTERS
Mayor Kotsiopulos and Council
Members recognized Bruce Nielsen for 20 years of service with the Utilities/Sanitation
Division. He was presented a Resolution
of Commendation and a watch. Eddie
Walters was also recognized for 20 years of service with the Utilities/Sanitary
Sewer Division. He, too, was presented
a Resolution of Commendation and a watch.
ORAL COMMUNICATIONS
There was no Oral Communications.
II.
UNFINISHED BUSINESS
There was no Unfinished Business.
III.
PUBLIC HEARINGS
LIQUOR LICENSE - GOLF NUTZ; 224 WEST 42ND STREET
Mayor Kotsiopulos opened the public hearing
on the Application for a Retail
Class ‘J’ (Beer and Wine – On Sale Only) Liquor License submitted by GOLF NUTZ,
L.L.C., dba “Golf Nutz” to be located at 224 West 42nd Street, consider the
Corporate Manager application for Scott Nugent, and to consider Resolution No. 2002-225.
On August 26, 2002, GOLF NUTZ, L.L.C., dba “Golf Nutz” located at 224 West 42nd Street applied to the Nebraska Liquor
Control Commission for a Class “J” liquor license. The Nebraska Liquor Control Commission forwarded the application
to the City for consideration. The
general business function is an indoor golfing range. All alcohol would be sold and consumed on premises. The business will be located in a new mall
just north of the current SunMart grocery store at 224 West 42nd Street. The applicants are all members of the
corporation. The business will be
operated with four employees, all members of the corporation.
The
applicants have no prior experience in retail liquor sales. There was nothing detrimental found during
the background investigation regarding their prior criminal or driving
records. Checks with the County and
District Courts revealed no current/pending charges or litigation. All applications presented appear to be
complete and accurate. This is a retail
license application that would present a new venture in the community. There are three other licenses in the
general area: SunMart a class D; Cellar
Lounge a class I, and; Texas T-Bone a class I.
The area is a commercial/business district.
According
to Section 53-132(2) of the Nebraska Revised Statutes states: A retail license or bottle club license
shall be issued to any qualified applicant if it is found by the commission
that:
(a) the applicant is fit, willing, and able to properly provide
the service proposed within the city, village, or county where the premises
described in the application are located,
(b) the applicant can conform to all
provisions, requirements, rules, and regulations provided for in the Nebraska
Liquor Control Act,
(c) the applicant has demonstrated that the type of management and
control exercised over the licensed premises will be sufficient to insure that
the licensed business can conform to all provisions, requirements, rules, and
regulations provided for in the Nebraska Liquor Control Act, and
(d)
the issuance of the license is or
will be required by the present or future public convenience and necessity.
It
appears that all of the paperwork is in order and that the Council should go
through with the public hearing concerning the liquor license application. The corporate members have nothing to
indicate they would not be suitable for this business. None of the corporate members have
experience in retail liquor sales but during interviews indicated a willingness
to learn and to cooperate.
In light of the fact that it is virtually
impossible to prevent the issuance of the license, Administration recommends
that the Council conduct the public hearing and advise the applicant concerning
its desire that the sale of alcohol be very carefully managed, particularly
with regard to minors.
Scott Nugent presented this matter to the
Council. Scott stated that his wife,
Julie, and Steven and Virginia Kearney are all member managers of this
business. They would enforce a zero
tolerance policy within their establishment.
Any employee that sells alcohol to anyone who does not present a valid
identification card will be immediately terminated. Their feeling is that that the $2 they charge for a beer is not
worth jeopardizing their license. They
are waiting on a packet from the State Liquor Commission with all the training
items needed. They are proud to bring
the first in-door golf center in the state of Nebraska to Kearney. The plan is to open October 14th and the
grand opening will be the 19th.
Mayor Kotsiopulos also wanted them to be
aware of the training available from the Kearney Police Department. Council member Kearney clarified that he is
not related to Steve Kearney. Council
member Blankenship said he had the opportunity to visit the complex and
believes that they have a good idea and a good location.
There was no one present in opposition to
this hearing.
Moved by Zapata seconded by Kotsiopulos to
close the hearing and approve the Application for a Retail Class ‘J’ (Beer and
Wine – On Sale Only) Liquor License submitted by GOLF NUTZ, L.L.C., dba “Golf
Nutz” to be located at 224 West 42nd Street, approve the Corporate Manager
application for Scott Nugent, and approve Resolution No. 2002-225. Roll call resulted as follows: Aye: Kotsiopulos, Buschkoetter, Kearney,
Zapata, Blankenship. Nay: None. Motion carried.
RESOLUTION NO. 2002-225
WHEREAS,
GOLF NUTZ, L.L.C., dba “Golf Nutz” has filed with the Nebraska Liquor Control
Commission and the City Clerk of the City of Kearney, Nebraska, an application
for a Class ‘J’ (Beer and Wine – On Sale Only) Liquor License to do business at
224 West 42nd Street, Kearney, Nebraska, and has paid all fees and done all
things required by law as provided in the Nebraska Liquor Control Act; and
WHEREAS,
a hearing was held relating to said application on September 24, 2002.
NOW,
THEREFORE, BE IT RESOLVED that the President and City Council of the City of
Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control
Commission of the issuance of a Class ‘J’ (Beer and Wine – On Sale Only) Liquor
License to GOLF NUTZ, L.L.C., dba “Golf Nutz” located at 224 West 42nd Street,
Kearney, Nebraska.
BE
IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED
AND APPROVED THIS 24TH DAY OF SEPTEMBER, 2002.
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
CITY CLERK
PROPOSED ACQUISITION – PERMANENT WATERMAIN EASEMENT
Mayor Kotsiopulos opened the
public hearing on the proposed acquisition from Verl Deets, Trustee, for water
main purposes the following tracts of land: Permanent Water Main Easement - a
tract of land described as the north 20
feet of the following described tract of land:
all of that part of the Northwest Quarter of Section 33, Township 9
North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, lying south of
the Union Pacific Railroad Company right-of-way, as recorded on Roll 89, Page 3098
and filed in the Buffalo County Register of Deeds; AND a Temporary
Construction Easement – The south 40 feet of the north 60 feet of the following
described tract of land: all of that part of the Northwest Quarter of Section
33, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska,
lying south of the Union Pacific Railroad Company right-of-way, as recorded on
Roll 89, Page 3098 and filed in the Buffalo County Register of Deeds and
consider Resolution No. 2002-226.
Kirk Stocker, Director of
Utilities, presented this matter to the Council. On July 23, 2002 the City Council created Water Connection
District 2002-1 for the Alternate Well Field Transmission Main. The project was included in the 1997 Water
System Facility Plan as a project necessary to insure the reliable supply of
water from the Platte River Well Field to the City of Kearney. The project has been included in the
2002-2003 Budget and is being financed with a State Revolving Loan Fund Loan.
The water main project will be
constructed in Cherry Avenue from 11th Street north to the Union Pacific
Railroad right-of-way. The project then
proceeds eastward along the south line of the railroad right-of-way. In this location the water main will be laid
in an easement that Administration has negotiated with Mr. Verl Deets. Administration considered occupying the
railroad right-of-way with the water main; however, the cost of the agreement
would have been the same or more and the City could have been required to
relocate the water main in the future at the request of the railroad.
Administration believes that
$3,000.00 is fair compensation for the Permanent and Temporary Easement. That amount is comparable to what the City
would have paid the railroad to construct the water main in railroad
right-of-way and with what the City has paid for other easements that have
crossed highly productive and irrigated farmland.
There was no one present in
opposition to this hearing.
Moved by Kotsiopulos seconded by
Kearney to close the hearing and approve the proposed acquisition from Verl
Deets, Trustee, for water main purposes the following tracts of land: Permanent
Water Main Easement - a tract of land described as the north 20 feet of the following described tract of land: all of that part of the Northwest Quarter of
Section 33, Township 9 North, Range 15 West of the 6th P.M., Buffalo County,
Nebraska, lying south of the Union Pacific Railroad Company right-of-way, as
recorded on Roll 89, Page 3098 and filed in the Buffalo County Register of
Deeds; AND a Temporary Construction Easement – The south 40 feet of the
north 60 feet of the following described tract of land: all of that part of the Northwest Quarter of Section 33, Township 9 North, Range
15 West of the 6th P.M., Buffalo County, Nebraska, lying south of the Union
Pacific Railroad Company right-of-way, as recorded on Roll 89, Page 3098 and
filed in the Buffalo County Register of Deeds and approve Resolution No.
2002-226. Roll call resulted as
follows: Aye: Kotsiopulos, Kearney, Zapata,
Blankenship, Buschkoetter. Nay:
None. Motion carried.
RESOLUTION NO.
2002-226
WHEREAS, Section 18-1755, R.R.S.,
authorizes a city acquiring an interest in real property by purchase or eminent
domain to do so only after the City Council has authorized the acquisition by
action taken in a public meeting after notice and public hearing; and
WHEREAS, the City Council has held a
public hearing upon the proposed acquisition for water main purposes and voted
in favor to proceed with the acquisition; and
WHEREAS, Verl Deets, Trustee, has
granted to the City of Kearney, Nebraska, a Permanent Water Main Easement as
follows:
Permanent
Water Main Easement
A tract of land described as the north 20 feet of
the following described tract of land:
all of that part of the Northwest Quarter of Section 33, Township 9
North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, lying south of
the Union Pacific Railroad Company right-of-way, as recorded on Roll 89, Page
3098 and filed in the Buffalo County Register of Deeds.
Temporary
Construction Easement
The south 40 feet of the north 60 feet of the
following described tract of land: all
of that part of the Northwest Quarter of Section 33, Township 9 North, Range 15
West of the 6th P.M., Buffalo County, Nebraska, lying south of the Union
Pacific Railroad Company right-of-way, as recorded on Roll 89, Page 3098 and
filed in the Buffalo County Register of Deeds.
NOW, THEREFORE, BE IT RESOLVED by
the President and City Council of the City of Kearney, Nebraska, that the
Permanent Water Main Easement granted by Verl Deets, Trustee, to the City of
Kearney be and is hereby approved and accepted.
PASSED AND APPROVED THIS 24TH DAY OF
SEPTEMBER, 2002.
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
CITY CLERK
IV.
CONSENT AGENDA
Moved by Kearney seconded by Buschkoetter that Subsections 1 through 16
of Consent Agenda Item IV be approved.
Roll call resulted as follows:
Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None.
Motion carried.
1. Approve Minutes of
Regular Meeting held September 10, 2002.
2. 7-Eleven $17.20
Su; A Affordable Travel $413.00 Tr, Trn; Ace Hardware $121.77 Various; Ace
Irrigation $4,866.74 Capital Outlay; Adamson, B $38.00 Ref; Advance Auto Parts
$11.04 Inv; Advantage Rent a Car $51.84 Tr; Agent Fee $34.95 Tr; Allied
Electronics $75.40 Rep; Alltel $1,333.47 Various; Amazon.Com $9.60 Bks; Amer
Institute of SM $45.90 Bks; Amer Red Cross $78.44 Su; Ampride $145.95 Tr, Trn;
Andersen’s Outdoor Power $704.84 Various; APWA $440.00 Reg; Art Today $59.95
Su; B J S 66 $13.00 Su; B&B Auto Glass $120.00 Rep; Baker & Taylor
$1,713.71 Bks; Bamford $490.00 Rep; Barney Abstract $1,830.00 Serv; Bax, J
$2.86 Ref; Baye, S $75.00 Cla; BBC Audiobooks $508.32 Bks; Becker, G $24.00 Su;
Big Bear Equipment $143.71 Inv; Blessing $303,169.46 Serv; Bob’s Super Store
$384.19 Su; Bohlmann $670.00 Rep; Books on Tape $196.80 Bks; Borders Books
$89.34 Su; Bosselman Oil $131.50 Inv; Bound to Stay Bound $2,121.12 Bks;
Brewer, M $19.00 Ref; Broadfoot Sand $3,890.00 Su; Bruces Body Shop $598.86
Rep; Bubble Factory $3.72 Su; Buffalo Co Court $401.39 Ded; Buffalo Co Dist
Court $129.00 Ded; Buggy Bath Car Wash $7.50 Rep; Builders How-to-Warehouse
$1,018.40 Various; Burke, M $180.00 V/W; Buzz’s $343.80 Re; CANDO $3,382.70
Serv; Cash-Wa $2,996.80 Various; CDW Gov’t $297.88 Equip; CED/Amer Electric
$1,149.89 Varioius Central Ag $119.99 Rep; Central Fire $2,603.90 Various;
Central Hydraulic $472.76 Various; Central NE Bobcat $8.46 Various; Central Plains
Distr $730.70 Rep; Central Valley Irrigation $522.44 Rep; Charter Digital Comm
$42.55 Serv; Charter Paging $41.92 Serv; Chesterman $2,441.90 Su; Child’s Play
$85.46 Bks; Christianbook.com $17.48 Bks; City of Ky $52,189.59 Various;
Cleaning Solutions $2,460.00 Serv; CLH $309.00 Serv; CMI $99.73 Su; Coffin
Turbo $238.00 Rep; College Savings Plan of NE $130.00 Ded; Conoco $7.60 Su;
Consolidated Plastics $177.47 Su; Construction Rental $51.00 Su; Copycat
$294.22 Various; Cornhusker Hotel $135.87 Tr; Corp Diversified Services
$50,000.00 Claims; Creative Teacher $7.58 Su; Crossroads Ford $2,030.66
Various; Culligan $800.89 Various; Cummins Great Plains $215.00 Rep; D’Milaco
Sports $108.00 Incentives; Dan Roeder Concrete $131,322.58 Serv; Davis, D
$12.12 Ref; Dawson Co PPD $25,326.07 Serv; Depository Trust $1,059,727.73
Princ, Int; Deterdings Classic Pool $207.30 Su; Development Council $5,325.00
Various; Diamond Vogel Paints $43.43 Inv; Diane Publishing $116.00 Bks; DIT
Computers $79.96 Su; Ditch Witch of NE $34.23 Su; Dollar Rent-A-Car $489.06 Tr;
DPC Industries $6,954.56 Various; Dr. Symantec $184.94 Su; Drury Inns $315.61
Tr; Dugan Business Forms $3,518.68 Su; Dutton-Lainson $330.00 Various; Eakes
Office Plus $5,480.95 Various; Earl May $16.99 Su; Eatherton, S $7.99 Ref; Ebay
S Half Com $9.24 Bks; Eggert, T $2.83 Ref; Eirich, T $40.00 Reim; Elliott
Equipment $534.62 Various; Eppley Express $262.50 Various; Erickson, G $100.00
Ref; Executive Travel $35.00 Tr; Expressions $167.22 Admin; Facts on File
$38.25 Bks; Fairbanks Int’l $3,014.46 Various; Fairfield Inn $79.21 Tr; Family
Counseling $240.00 V/W; Farmers Union Coop $511.60 Various; Fastenal $557.43
Various; Faz, A $114.00 Tr; Fedex $51.57 Various; Fiddelke Htg $171.35 Rep;
Fireguard $12,686.79 Rep; Fluid Tech $6.49 Inv; Folck, J $34.83 Ref; Ford, E
$6.78 Ref; Fox Bros Hay $2,612.50 Serv; Fredrickson Construction $12,716.07
Serv; Fremont Nat’l Bank $32,734.89 Ded; Frontier $8,610.92 Various; Galls
$508.12 Various; Gangwish Turf $15.12 Su; Gary’s Handyman Service $36.00 Ref;
Gas N Shop $11.92 Su; Gaylord Bros $141.40 Su; Gear for Sports $203.50 Inv;
Geersen, K $63.00 Ref; Gibbon Transmissions $1,446.95 Rep; Golf Course
Superintendent $375.00 Dues; Golfsmith Int’l $56.95 Su; Goodwill Industries
$15.00 Inv; Graham Tire $1,149.12 Inv; Grainger $463.41 Various; Grand Central
IGA $44.94 Various; Great Lakes Airlines $459.00 Tr; Great Plains One-Call
$429.15 Serv; Great Plains Safety $3,405.00 Serv; Green-Save $368.50 Su;
H&H Distributing $302.00 Su; Heartland Motor Sports $207.60 Rep; Heiman
Fire Equipment $1,845.80 Su; Holmes Plumbing $875.68 Various; Hometown Leasing
$211.00 Equip; Howe, C $48.16 Cla; IBM $101,164.00 Serv; ICMA RC $2,430.51 Ded;
Info USA Marketing $4,990.00 Bks; Information Today $199.00 Tr,Trn; Intellicom
Computer $104.50 Serv; International Pers Mgmt $299.00 Dues; IRS $75,966.57
Ded; ISDN $330.79 Serv; ITT Sanitare $892.04 Rep; Jack Lederman $770.32
Various; Jacobi’s Carpet One $35.96 Su; James W. Bell $148.21 Su; Jaycor
Tactical Systems $33.00 Equip; Jehorek, R $32.91 Ref; Johnson, A $82.80 Tr;
Johnson, B $20.30 Ref; Jonak, R $10.28 Ref; Jotto Desk $975.38 Equip; Junior
Library Guild $2,216.40 Bks; K&K Parts $768.17 Various; Kelley, M $107.20
Reim; Kelly Supply $1,019.20 Su; Key Hub $5,200.51 Various; Killion Motors
$330.74 Various; Kirkham Michael $19,791.68 Serv; Kjar, M $23.54 Ref; Kriz
Davis $95.02 Su; Kustom Signals $135.00 Inv; Ky Area Solid Waste Agency $646.10
Tipping Fees; Ky Clinic $1,971.00 Various; Ky Concrete $21,649.90 Su; Ky Crete
$464.34 Su; Ky Cycling $16.23 Equip; Ky Glass $601.75 Rep; Ky Implement $606.04
Various; Ky Warehouse $1,060.13 Su; Ky WinLectric $76.32 Rep; Ky Yamaha $9.40
Inv; L&W Tires $6,128.53 Various; Lampe’s Air Filter $129.60 Su; Laser Art
Design $262.00 Su; Lasertec $184.00 Su; Leopold Painting $2,610.00 Rep; Lerner
Publishing $48.43 Bks; Lewis, D $50.34 Ref; Linweld $45.30 Various; Little
Caesar’s Pizza $30.00 Su; Loebig, P $114.00 Tr; Logan Contractors Supply
$215.65 Various; Madison, T $13.10 Ref; Mail Express $11.07 Pstg; Marriott
$1,310.83 Tr; McCollister & Co $467.29 Inv; McMaster-Carr $620.17 Su; MDI
$46.94 Su; MES-Snyder $3,074.41 Rep; MGS Tech $129.02 Equip; Michael Todd &
Co $1,195.35 Su; Mid-State Engineering $1,310.00 Serv; Midlands Contracting $86,112.04
Various; Midtown Comm $72.00 Serv; Midwest Turf $17,852.01 Equip, Rep; Miller
& Associates $50,735.69 Various; Miller Signs $117.50 Rep; Miracle
Recreation Equipment $1,926.68 Park Dev; Modern Methods $742.50 Serv; Moore, A
$25.04 Ref; Motion Industries $55.73 Inv; Mr. Automotive $1,804.73 Various;
Municipal Supply $117.27 Inv; Murphy Tractor $1,512.28 Inv; N Central Lab
$233.55 Su; NAPA All Makes Auto $1,477.50 Various; Nat’l Arbor Day Foundation
$25.00 Dues; Nat’l Fire Protection $96.95 Su; Nat’l Seminars $195.00 Trn; NE
APWA $150.00 Tr, Trn; NE Child Support $1,192.79 Ded; NE Dept of Revenue
$49,270.08 Various; NE Golf Association $749.00 Dues; NE Library Comm $4,035.00
Various; NE Machinery $67.02 Inv; NE Regional Library Systems $30.00 Tr, Trn;
NE State Arboretum $100.00 Dues; NE Wine & Spirits $61.32 Su; NEland
Distributors $347.00 Su; Nevco Scoreboard $8,142.00 Park Dev; NLA/NEMA $297.00
Tr, Trn; Nogg Chemical $136.25 Inv; Northwestern Energy $2,007.42 Various;
Novus Windshield Repair $31.50 Su; NPPD $84,588.70 Various; NSA/POAN $130.00
Tr, Trn; NWA Air $188.50 Tr; O’Reilly $115.53 Inv; Office Depot $1,556.84
Various; Office Max $645.66 Su; Officenet $516.84 Various; Olsen, C $155.25 Tr;
OMB Police Supply $2,595.00 Equip; Orscheln Farm $353.59 Various; Overhead Door
$32.00 Rep; P.E.P. $45.00 Rep; Paper Direct $29.94 Su; Paramount Linen $292.08
Various; Park Inn Reg Lodge $146.12 Tr; Parking Lot Maint $225.00 Rep;
Patterson, B $182.26 Pstg; Paul Otto Curb Grinding $81.00 Various; Paulsen
$185,529.59 Serv; Payne Larson $4,000.00 Su; Petroleum Equip $248.70 Various;
Pierson, Fitchett $3,730.00 Serv; Ping $114.17 Inv; Pioneer Mfg $67.65 Inv;
Platte Valley Comm $15,959.80 Various; Platte Valley Glass $6.00 Su; Platte
Valley State Bank $50.00 Ded; Preferred Mail $64.08 Pstge; Presto-X $318.50
Various; Prices Tree Service $1,465.00 Serv; Psota, C $23.54 Ref; Pueblo
Chemical $5,650.49 Various; Quality Books $41.06 Bks; Radtke, P $40.00 Reim;
Rasmussen, A $4.24 Ref; RdBldg Machine $704.44 Inv; Ready Mixed Concrete $6,673.74
Su; Reams Sprinkler $471.29 Rep; Recorded Books $89.25 Bks; Regional Books
$487.50 Bks; Reinke’s Refrig $1,625.00 Rep; Reliable Office Supply $81.87
Equip; Reserve Account $6,000.00 Pstg; Respond First Aid System $341.55
Various; Riverside Animal Hospital $2,509.50 Serv; Roper Radiator Service
$49.50 Su; Saddlerock One $15.19 Tr; Safety Vision $107.75 Inv; Sage, P $41.98
Cla; Sahling Kenworth $68.21 Inv; Salem Press $93.56 Bks; Sawyer, L $9.50 Reim;
Schmitt, J $69.00 Tr; Schriner, S $11.50 Cla; See Clear Cleaning $1,800.00
Serv; Seeuthr Codi Hug $286.00 Reg; Sesna, T $325.16 Tr; SF Analytical Lab
$180.00 Serv; Sheldon, S $13.13 Cla; Sherwin Williams $353.60 Various; Siemens
Airfield Solutions $325.90 Su; Sign Center $162.00 Su; Sign Warehouse $887.90
Su; Silverman Aviation $30.09 Su; Simmerman Electric $97.40 Rep; Skeen
Construction $3,032.98 Serv; Snap on Tools $5,995.00 Equip; Softspikes $506.81
Inv; Sprint $93.62 Serv; St of NE Dept of Aeronautics $370.00 Hangar Loan;
Steffensmeier, J $265.92 Tr; Steinbrinks Landscaping $195.88 Su; Sterling
Distributing $62.56 Su; Stocker, K $10.35 Tr; Super Shine Auto Wash $6.00 Rep;
Superior Signals $34.80 Inv; Tamisiea, M $23.43 Ref; Target $40.05 Various;
Tech Republic $158.00 Su; Technical Maintenance $557.07 Rep; TerraScan
$10,885.00 Serv; Texaco $29.64 Su; Texas Refinery $746.24 Su; Thermos, T $5.00
Reim; Thompson, L $50.00 Rep; Thurston Htg $797.50 Rep; Tollefsen Elliott
Lumber $398.91 Various; Towery, S $71.18 Ref; Tractor-Supply $593.79 Various;
Tracy, K $105.80 Tr; Trade Well Pallet $1,200.00 Su; Turner Body Shop $780.00
Serv; U Save Foods $298.06 Various; UAP Pueblo $483.20 Su; Ultramax $1,846.00
Equip; Underground Const $427.00 Serv; Union Oil $9,041.50 Inv; Unique Books
$5,129.28 Bks; Unisys $155.06 Su; United Air $640.00 Tr; United Distillers
$334.87 Su; UNK-Multicultural Affairs $20.00 Reim; US Bank Corp $47,974.44
Various; US Filter Dist Group $2,207.74 Inv; USPS $78.43 Pstg; Van Ingen, L
$22.49 Ref; VanDiest Supply $3,028.48 Rep; Village Cleaners $2,814.00 Various;
W.S. Darley $1,035.95 Rep; Waldenbooks $80.00 Bks; Walgreens $51.05 Su; Walker,
K $19.35 Ref; Walmart Supercenter $916.97 Various; Warehouse #4 $81.65 Su;
Wellness Councils of America $76.80 Wellness Program; Wellness Works $20.00
Luncheon; West Group $2,441.75 Su; West Villa Animal Hospital $30.20 Serv;
Westfall GMC $580.99 Inv; Wilke Donovan True Value Hardware $242.72 Various;
Windstone $10,184.00 Serv; WPCI $317.50 Serv; Xerox $3,132.51 Various; Young, J
$135.00 Tr; Zikmund, S $13.35 Ref; Zimmerman $655.90 Various; Payroll Ending 09-07-2002 --
$225,185.04. The foregoing schedule of
claims is published in accordance with Section 19-1102 of the Revised Statutes
of Nebraska, and is published at an expense of $_________ to the City of Kearney.
3. Receive recommendations
of Planning Commission and set October 8, 2002 at 7:30 P.M. as date and time
for hearing on those applications where applicable.
4. Ratify the action taken
by the Kearney Municipal Airport Corporation on approving the T-Hangar Lease
Agreement (“B” Series) between the Kearney Municipal Airport and Acme Aero and
approve Resolution No. 2002-227.
RESOLUTION NO. 2002-227
BE IT RESOLVED by the President and City
Council of the City of Kearney, Nebraska, that the President be and is hereby
authorized and directed to execute the T-Hangar Lease Agreement (“B” Series),
on behalf of the City of Kearney, Nebraska, with Acme Aero, Inc., a copy of the
Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by
reference.
PASSED AND APPROVED
THIS 24TH DAY OF SEPTEMBER, 2002.
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
CITY
CLERK
5. Ratify the action taken by the Kearney Municipal Airport
Corporation on approving the T-Hangar Lease Agreement (“B” Series) between the
Kearney Municipal Airport and Jerry May and approve Resolution No. 2002-228.
RESOLUTION NO. 2002-228
BE IT RESOLVED by the President and City
Council of the City of Kearney, Nebraska, that the President be and is hereby
authorized and directed to execute the T-Hangar Lease Agreement (“B” Series),
on behalf of the City of
Kearney, Nebraska, with Jerry May, a copy of the Agreement, marked
Exhibit “1”, is attached hereto and made a part hereof by reference.
PASSED AND APPROVED
THIS 24TH DAY OF SEPTEMBER, 2002.
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
CITY
CLERK
6. Ratify the action taken by the Kearney Municipal Airport
Corporation on approving the Grant Offer for Project 3-31-0045-10-2002 for the
installation of perimeter fencing; acquiring SRE snowplow and snowblower;
rehabilitate [mark] Runway 18/36 and 13/31 to meet current Part 139 marking
standards per AC 5340-1H, Change 1 and approve Resolution No. 2002-229.
RESOLUTION NO. 2002-229
WHEREAS,
the City of Kearney, Nebraska has submitted to the FAA a Project Application
dated August 23, 2002 for a grant of federal funds for a project at or
associated with the Kearney Municipal Airport; and
WHEREAS,
the FAA has approved a project for the Airport consisting of the installation
of perimeter fencing; acquiring SRE snowplow and snowblower; rehabilitate
[mark] Runway 18/36 and 13/31 to meet current Part 139 marking standards per AC
5340-1H, Change 1.
NOW,
THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney,
Nebraska, that the President, on behalf of the City of Kearney, Nebraska, be
and is hereby authorized and directed to execute Grant Agreement for Project
No. 3-31-0045-010-2002 between the Federal Aviation Administration and the City
of Kearney, a copy marked Exhibit “A” is attached hereto and made a part hereof
by reference.
PASSED
AND APPROVED THIS 24TH DAY OF SEPTEMBER, 2002.
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
CITY CLERK
7. Ratify the action taken by the Kearney Municipal Airport
Corporation on approving the bids received for the purchase of a Rotary Snow
Plow with Carrier Vehicle AND a Displacement Snow Plow with Carrier Vehicle and
Material Spreader and approve Resolution No. 2002-230 awarding the bid to Road
Builders Machinery & Supply Co., Inc of Omaha, Nebraska in the amount of
$345,971.00 for the Rotary Snow Plow with Carrier Vehicle and $254,115.00 for
the Displacement Snow Plow with Carrier Vehicle and Material Spreader subject
to FAA and NDA concurrence and acceptance.
RESOLUTION NO. 2002-230
BE IT RESOLVED by the President and City
Council of the City of Kearney, Nebraska, that the bid submitted by Road
Builders Machinery & Supply Company in the amount of $345,971.00 for the
purchase of a Rotary Snow Plow with Carrier Vehicle AND a Displacement Snow
Plow with Carrier Vehicle and Material Spreader in the amount of $254,115.00 be
and is hereby accepted and approved.
PASSED AND APPROVED
THIS 24TH DAY OF SEPTEMBER, 2002.
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
CITY
CLERK
8. Ratify the action taken by the Kearney Municipal Airport
Corporation on approving the bids received for the installation of airport
security fence and approve Resolution No. 2002-231 awarding the bid to American
Fence Company in the amount of $99,805.35 for the base bid and $19,125.00 for
Alternate 1.
RESOLUTION NO. 2002-231
BE IT RESOLVED by the President and City
Council of the City of Kearney, Nebraska, that the bid submitted by American
Fence Company in the amount of $99,805.35 for the purchase of airport security
access control fencing AND the purchase of three (3) gate operators in the
amount of $19,125.00 be and is hereby accepted and approved.
PASSED AND APPROVED
THIS 24TH DAY OF SEPTEMBER, 2002.
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
CITY
CLERK
9. Ratify the action taken by the Kearney Municipal Airport
Corporation on approving the increase of the fuel flowage fee from 4¢ per
gallon to 5¢ per gallon and approve Resolution No. 2002-232.
RESOLUTION NO. 2002-232
WHEREAS, the Kearney
Municipal Airport Corporation has in place a fuel flowage fee which was last
increased in June of 1999; and
WHEREAS, the fuel
flowage fee is based on the total number of gallons transferred to aircraft at
the Kearney Municipal Airport; and
WHEREAS, Administration
has recommended increasing the fuel flowage fee from four cents (4¢) per gallon
to five cents (5¢) per gallon.
NOW, THEREFORE, BE IT
RESOLVED by the President and City Council of the City of Kearney, Nebraska,
that the recommendation of the Airport Advisory Board increasing the fuel
flowage fee from four cents (4¢) per gallon to five cents (5¢) per gallon be
and is hereby accepted and approved.
PASSED AND APPROVED
THIS 24TH DAY OF SEPTEMBER, 2002.
PRESIDENT
OF THE COUNCIL
AND EX-OFFICIO MAYOR
ATTEST:
CITY
CLERK
10. Approve the recommendation from the Mayor on the appointment
of Dan Bahensky to serve on the Library Advisory Board.
11. Approve the request submitted by Huss Platte Valley Auction
to renew their permit to have a manufactured home for security purposes at 1202
West 19th Street until January 2003.
12. Approve the request submitted by Anna Feddersen, Life Chain
Coordinator, to sponsor a Life Chain on Sunday, October 6, 2002 from 2:00 p.m.
until 3:00 p.m. on the sidewalk on the west side of 2nd Avenue from 26th Street
to 39th Street.
13. Approve Change Order No. 1 showing a decrease in the amount
of $5,200.00, Application and Certificate for Payment No. 11-Final in the
amount of $124,150.00, and the Certificate of Substantial Completion submitted
by CB&I Constructors for the Elevated Water Storage located on the north
side of 48th Street and west of Target and approve Resolution No. 2002-233.
RESOLUTION NO. 2002-233
WHEREAS, Chicago Bridge &
Iron has performed services in connection with the Elevated Water Storage
Facility located on the north side of 48th Street and west of Target, and the
City's engineer, Miller & Associates, have filed with the City Clerk Change
Order No. 1 showing a decrease in the amount of $5,200.00 as shown on Exhibit
“A” attached hereto and made a part hereof by reference; and
WHEREAS, the City's engineer,
Miller & Associates, have filed with the City Clerk Application and
Certificate for Payment No. 11-Final in the amount of $124,150.00 as shown on
Exhibit “B” attached hereto and made a part hereof by reference and as follows:
Original
Contract Sum
|
$1,679,000.00
|
|
Change
Order No. 1 (9-24-2002)
|
- 5,200.00
|
|
|
|
|
Contract
Sum To Date
|
1,673,800.00
|
|
Gross
Amount Due
|
1,673,800.00
|
|
Retainage
|
.00
|
Amount Due to
Date
|
1,673,800.00
|
|
Less
Previous Certificates for Payment
|
1,649,650.00
|
|
Current
Payment Due
|
$ 124,500.00
|
WHEREAS,
the Engineer and Contractor have now certified to the City Clerk that work is
completed as of August 30, 2002, 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 for Payment No. 11-Final, as shown on
Exhibit “B”, and the Certificate of Final Completion as shown on Exhibit “C” be
and are hereby accepted and approved.
PASSED
AND APPROVED THIS 24TH DAY OF SEPTEMBER, 2002.
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
ATTEST:
CITY CLERK
14. Approve the Developer Constructed Infrastructure Agreement
between the City of Kearney and Bob Nordhues for Grandview Estates Seventh
Addition and approve Resolution No. 2002-234.
RESOLUTION NO. 2002-234
BE
IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that
the agreement entitled “Grandview Estates Seventh Addition Developer
Constructed Infrastructure Agreement”, a copy of which marked Exhibit 1 is
attached hereto, negotiated by and between the City of Kearney and Bob
Nordhues, be and is hereby accepted and approved, and the President of the
Council is hereby authorized and directed to execute the same agreement on
behalf of the City of Kearney.
BE
IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
file the said Agreement with the Buffalo County Register of Deeds.
PASSED
AND APPROVED THIS 24TH DAY OF SEPTEMBER, 2002.
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
CITY CLERK
15. Approve the request submitted by Susan Underhill to extend
Conditional Use Permit No. 79-06 to locate a Day Care at 2803 Avenue I for a
period of one year.
16. Approve the request submitted by St. Luke’s Episcopal Church
to block off 23rd Street lying between 2nd Avenue and the alley, AND to block
off the alley lying between 22nd Street and 24th Street west of 2nd Avenue and
east of Central Elementary on October 4, 2002 beginning at 6:00 p.m.
V. CONSENT AGENDA
ORDINANCES
ORDINANCE NO. 6913 – AMEND SECTIONS OF PLUMBING CODE OF
KEARNEY CITY CODE
At the last City Council meeting
held on September 10, 2002 the City Council passed Ordinance No. 6912 to
increase the Building, Plumbing, Electrical permit and licensing fees in
order to meet projected revenues set forth in the 2002-2003 City Budget. Inadvertently, in the Ordinance we neglected
to include the adjustments to the Plumbing License, Registration, and Examination
Fees.
As part of the 2002-2003 City
Budget process the Public Works Department conducted a comparison of other
First Class City permit fees with our permit fees. The results of this
comparison show that Kearney fees are considerably lower in each category;
Building Permits, Plumbing Permits, and Electrical Permits. Upon further review, it was discovered that
Building, Plumbing, and Electrical permit fees have not been increased since
April of 1988. Therefore, as with the
permit fees, administration is requesting approval from the Council to adjust
the Plumbing License, Registration, and Exam fees.
The Director of Finance has included the proposed adjustment to the
current Plumbing License, Registration, and Examination Fees in the 2002-2003
budget. Although the adjustment
increases the current fee amount, the fees have not been increased for
approximately 14 years. The proposed
fees are still considerably lower than communities comparable to the size of
Kearney.
Council Member Buschkoetter introduced Ordinance No. 6913, being Subsection
1 of Agenda Item V to amend the
following sections in division III “Licensing and Regulation of Plumbers” of
Article 10 “Plumbing Code” of Chapter 9 “Public Works” of the Code of the City
of Kearney, Nebraska: to amend Section 9-1043 “License Fees” to increase the
license fees for plumbers; Section 9-1044 “Application for Registration” to
increase the registration fee for plumbers; and Section 9-1049 “Issuance of
License” to increase the examination fee for plumbers, 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 Blankenship 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: Kotsiopulos, Blankenship,
Buschkoetter, Kearney, Zapata. 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. 6913 by number. Roll call
of those in favor of the passage of said ordinance on the first reading
resulted as follows: Aye: Kotsiopulos,
Blankenship, Buschkoetter, Kearney, Zapata.
Nay: None. Motion carried. Ordinance was read by number.
Moved by Blankenship seconded by Zapata that Ordinance No. 6913 be
passed, approved and published as required by law. Roll call resulted as follows:
Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and final passage
of the ordinance, Ordinance No. 6913 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. 6914 – AMEND SECTION 8-914 OF KEARNEY CITY CODE
City Code provides that a vehicle
can receive three courtesy parking tickets per calendar year for violating the
two-hour parking areas in the Downtown Kearney Centre. The courtesy parking ticket section of the
code was set up to benefit patrons visiting the Downtown Kearney Centre who may
be unfamiliar with the parking restrictions.
Currently, every person who violates the two-hour parking provisions
four or more times during the calendar year shall be issued an official parking
citation for the fourth and each subsequent violation and shall be subject to
penalties.
Employees of downtown businesses
are the most frequent violators of downtown parking restrictions. Many employees know that they can get three
courtesy tickets before actually receiving a ticket. These individuals use the parking spots until getting caught will
cost them money.
At their most recent meeting, the
members of the Downtown Improvement Board discussed reducing the number of
courtesy parking tickets from three to one per calendar year. The Board members all agreed that this would
be beneficial in terms of addressing the problem but not penalizing the
customer who might forget or is not familiar with different parking areas.
This proposal would also save the
Kearney Police Department time in entering the courtesy tickets and
periodically updating the list that the Community Service Officers have with
respect to whether a vehicle receives a courtesy or parking ticket. It will still give visitors and Kearney
citizens a second chance from receiving a penalty. The proposed change to the Code would take effect on January 1,
2003 and should not negatively impact the use of customer parking in the
Downtown Kearney Centre.
Council Member Buschkoetter
introduced Ordinance No. 6914, being Subsection 2 of Agenda Item V to amend Section 8-914 “Two-Hour Parking; Courtesy
Parking Tickers” of Article 9 “Stopping, Standing and Parking” of Chapter 8
“Police” to reduce the number of courtesy parking tickets issued per calendar
year, 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 Blankenship 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: Kotsiopulos,
Blankenship, Buschkoetter, Kearney, Zapata.
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. 6914 by number. Roll call of those in favor of the passage of said ordinance on
the first reading resulted as follows:
Aye: Kotsiopulos, Blankenship, Buschkoetter, Kearney, Zapata. Nay: None.
Motion carried. Ordinance was
read by number.
Moved by Blankenship seconded by
Zapata that Ordinance No. 6914 be passed, approved and published as required by
law. Roll call resulted as
follows: Aye: Kotsiopulos,
Buschkoetter, Kearney, Zapata, Blankenship.
Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 6914 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. 6899 – VACATE ALLEY
WEST OF PLAZA BOULEVARD AND NORTH OF WEST VILLA DRIVE
ORDINANCE NO. 6899 – Vacate the 20-foot wide alley lying between Lots 1
through 12, inclusive, of Block 1, Kearney Plaza Sixth Addition to the City of
Kearney, Buffalo County, Nebraska (west of Plaza Boulevard and north of West
Villa Drive) remained on the table.
GRANT APPLICATION – HARMON PARK TENNIS PLAZA
Mayor Kotsiopulos opened for discussion the request from
the Park and Recreation Department in submitting an Application to the Nebraska
Game and Parks Commission Land and Water Conservation Fund to replace the
existing deteriorated tennis courts, the addition of an ADA
restroom/storage/concession building and associated landscaping and continue
Resolution No. 2002-235.
Neal Lewis, Director of Park &
Recreation presented this matter to the Council. The Harmon Park Tennis Plaza renovation project is funded in the
2002-2003 budget. The Nebraska Game and
Parks Commission and U.S. Department of Interior have an outdoor recreation
facility grant process that we can apply for 50% of the cost of a park
project. Administration is proposing applying for a Land and Water
Conservation Grant for the Harmon Park Tennis Plaza renovation. The grant would be $175,000 – one half of
the cost of the project.
The City has utilized Land and Water
Conservation Fund Grants for a number of park projects. Harvey Park, Collins Park ballfield,
Oldfather Prairie and, most recently, the West Lincolnway Park expansion. The Harmon Park Tennis Plaza renovation
would be a worthy project and the funding would provide a significant saving.
Moved by Zapata seconded by Kotsiopulos to
approve the request from the Park and Recreation Department in submitting an Application
to the Nebraska Game and Parks Commission Land and Water Conservation Fund to
replace the existing deteriorated tennis courts, the addition of an ADA
restroom/storage/concession building and associated landscaping and approve
Resolution No. 2002-235. Roll call
resulted as follows: Aye: Kotsiopulos,
Kearney, Zapata, Blankenship, Buschkoetter.
Nay: None. Motion carried.
RESOLUTION NO. 2002-235
WHEREAS, the City of
Kearney, Nebraska purposes to apply for federal assistance from the Land and Water
Conservation Fund program for the purpose of renovating the Harmon Park Tennis
Plaza; and
WHEREAS, the Mayor is
authorized to sign documents to obtain financial assistance, including a
Project Agreement with the State of Nebraska and the National Park Service; and
WHEREAS, the City of
Kearney, Nebraska will, within thirty (30) days following federal approval,
obtain the necessary consultant or appraisal services for this project as
directed and as required by the Nebraska Game and Parks Commission (NGPC)
staff; and
WHEREAS, the City of Kearney, Nebraska has
budgeted or currently has available its 50% share of the proposed total project
funds and will allocate these funds toward this project upon project approval
by the NGPC; and
WHEREAS,
the City of Kearney, Nebraska has also the financial capability to operate and
maintain the completed project and park property in a safe, attractive and
sanitary manner; and
WHEREAS, the City of Kearney, Nebraska will
not discriminate against any person on the basis of race, color, age, religion,
handicap, sex or national origin in the use of any property or facility
acquired or developed pursuant to the project proposal, and shall comply with
the terms and intent of Title VI of the Civil Rights Act of 1964, P.O. 88-354
(1964), and any of the regulations promulgated pursuant to such Act by the
Secretary of the Interior and contained in 43 CFR 17; and
WHEREAS, no property acquired and/or
developed under this project shall, without the approval of the Nebraska Game
and Parks Commission and the Secretary of the Interior, be converted to
non-public outdoor recreation uses.
And, such approval may be granted only if it is in accord with the then
existing Statewide Comprehensive Outdoor Recreation Plan (SCORP), and only upon
such conditions as deemed necessary to assure the substitution of other
recreation properties of at least equal fair market value and of reasonably
equivalent usefulness and location; and
WHEREAS, the City of Kearney, Nebraska will
replace the land in the event of a conversion in use in accordance with Section
6(f)(3) of Land and Water Conservation Fund Act of 1965, as amended; and
WHEREAS, the City of Kearney, Nebraska,
agrees to comply with all State and Federal requirements and standards where
they can be applied in making the facilities developed under this project, and
all future projects, accessible to and usable by the disabled.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, that
Administration be and is hereby authorized and directed to proceed with filing
the application for Land and Water Conservation Funds for the renovation of the
Harmon Park Tennis Plaza.
BE IT FURTHER RESOLVED
that the Mayor be and is hereby authorized and directed to execute the application.
PASSED AND APPROVED
THIS 24TH DAY OF SEPTEMBER, 2002.
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
CITY
CLERK
ORDINANCE NO. 6915 - PROMISSORY
NOTE OF $607,361 FOR THE PAYMENT OF CLAIMS AGAINST THE CITY RELATING TO CAPITAL
EXPENDITURES FOR PARK IMPROVEMENT PURPOSES
Wendell Wessels, Director of
Finance presented this to the Council.
On September 10, 2002, the City Council approved the 2002-2003 City of
Kearney budget document after a public hearing. Included in the 2002-2003 budget document is a transfer of
$607,361.00 from the Water Retained Revenues Fund to the Park & Recreation
Development Fund. The purpose of the
transfer is to reduce the property tax requirement and to provide funding for
the Harmon Park Activity Center restrooms ($125,000.00), the West Lincolnway
Park ballfield lights ($92,361.00), the Harmon Park tennis courts
($350,000.00), and the Dryden Park ballfield lights ($40,000.00).
At the City Council budget
workshop held on July 9, 2002, the City Council directed administration to
draft a formal promissory note that would specify the terms and conditions of
the transfer. By state law, the term of the loan cannot exceed two years,
however, since the intention of the Council is to repay the loan over a fifteen-year
period, the loan will be renewable every two years. The interest rate is three percent. The annual payment will be $50,876.55 and the final payment will
be October 1, 2017.
Richard Pedersen, an attorney
with the Baird Holm Law Firm located in Omaha, has drafted the ordinance in
accordance with state and federal laws governing such loan arrangements. Mr. Pedersen is the City of Kearney’s bond
counsel and is very familiar with State and Federal regulations regarding these
matters.
The City will be required to
budget $50,876.55 annually over the next fifteen years in order to repay the
loan back to the Water Retained Revenues Fund.
As discussed at the July 9, 2002 City Council budget workshop, the
annual payment will be subject to the provisions of the 2½ percent spending
lid.
Council Member Kotsiopulos
introduced Ordinance No. 6915, being Subsection 3 of Agenda Item VI an Ordinance providing for the issuance of a
Promissory Note in the amount of $607,361 for the payment of claims against the
City relating to capital expenditures for park improvement purposes; agreeing
to pay the notes and accrued interest from funds collected or to be collected
upon current or subsequent tax levy and ordering the publication of the
ordinance in pamphlet form, and moved that the statutory rules requiring
ordinances to be read by title on three different days be suspended and said
ordinances be considered for passage on the same day upon reading by number
only, and then placed on final passage and that the City Clerk be permitted to
call out the number of the ordinance on its first reading and then upon its
final passage. Council Member Kearney
seconded the motion to suspend the rules.
President of the Council asked for discussion or if anyone in the
audience was interested in the ordinance.
No one responded. Clerk called
the roll which resulted as follows:
Aye: Kotsiopulos, Kearney, Zapata, Blankenship, 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. 6915 by
number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye: Kotsiopulos, Kearney, Zapata,
Blankenship, Buschkoetter. Nay:
None. Motion carried. Ordinance was read by number.
Moved by Kearney seconded by
Buschkoetter that Ordinance No. 6915 be passed, approved and published as
required by law. Roll call resulted as
follows: Aye: Kotsiopulos, Buschkoetter,
Kearney, Zapata, Blankenship. Nay:
None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 6915 is
declared to be lawfully passed and adopted upon publication in pamphlet form
and made available to the public at the Office of the City Clerk, the Kearney
Police Department and the Kearney Public Library.
OPEN ACCOUNT CLAIMS -- WARD
LABORATORIES -- $216.00
Moved by Buschkoetter seconded by
Blankenship that Open Account Claims in the amount of $216.00 payable to Ward
Laboratories be allowed. Roll call
resulted as follows: Aye: Kotsiopulos,
Buschkoetter, Kearney, Zapata. Nay:
None. Blankenship abstained. Motion carried.
VII. REPORTS
None.
VIII.
ADJOURN
Moved by Blankenship seconded by Zapata that
Council adjourn at 8:25 p.m. Roll call
resulted as follows: Aye: Kotsiopulos,
Buschkoetter, Kearney, Zapata, Blankenship.
Nay: None. Motion carried.
PETER
G. KOTSIOPULOS
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK