Regular Meeting 11-22-04

THE OFFICIAL PROCEEDINGS OF THE REGULAR GERING CITY COUNCIL MEETING, NOVEMBER 22, 2004

A regular meeting of the Gering City Council of Gering, Nebraska was held in open session at 7:00 p.m. on November 22, 2004. Present were Mayor Lehl and Councilmembers Blaha, Wineman, Gibbs, Koob, Morrison, Hehnke, Doll and McFarland. Also present were City Administrator Morrison, City Clerk Richter and City Attorney Ellison. Notice of the meeting was given in advance by publication in the Gering Courier, the designated method of giving notice. Availability of the agenda was communicated in advance to the media, Mayor and Councilmembers. All proceedings hereafter were taken while the meeting was open to the attendance of the public except as otherwise indicated.

CALL TO ORDER

Mayor Lehl called the meeting to order at 7:00 p.m. and the Pledge of Allegiance was recited.

CORRESPONDENCE AND CITIZENS WITH BUSINESS NOT SCHEDULED ON THE AGENDA

Mayor Lehl inquired if there were any correspondence or citizens present with business not scheduled on the agenda and there were none.

PRELIMINARY/FINAL PLAT FOR MONUMENT SHADOWS – CCR SUBDIVISION

Mayor Lehl declared the public hearing open at 7:02 p.m. for the preliminary/final plat of Lot 5 and a “sales only” plat of Lot 6, Monument Shadows – CCR Subdivision. Kelly Beatty, M. C. Schaff, reviewed the plat and it was explained that Lot 5 would be retained by the City to be sold for a single family dwelling and Lot 6 is being sold to J.T. Arnold for townhouse development. The Planning Commission recommended approval of the plat. The streets in the subdivision were discussed and it was indicated they will be streets with no curb and gutter and parking will not be allowed on the streets. There being no further comments, Mayor Lehl declared the public hearing closed at 7:05 p.m.

RESOLUTION 11-04-1

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF GERING, NEBRASKA, THAT:

The final plat for Lot 5 and the “sale only” plat for Lot 6, Monument Shadows – CCR Subdivision, to the City of Gering, Scotts Bluff County, Nebraska a replat of part of Block A, Nelson Subdivision, according to the recorded plat thereof is hereby approved.

Said land is more particularly described as follows:

Councilmember Koob introduced and moved the adoption of the resolution. Motion was seconded by Councilmember Gibbs. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Koob, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: None.

IN WITNESS WHEREOF, I have hereunto set my hand officially and affix the seal of said City this 22^nd day of November, 2004.

Mayor Lehl declared the public hearing open at 7:06 p.m. for an application to rezone Lot 6, Monument Shadows – CCR Subdivision. City Engineer Sweeney reviewed the request and showed a layout of the subdivision and the location of the townhouses that would be constructed on Lot 6, Monument Shadows – CCR Subdivision. Mr. J. T. Arnold is the developer of the subdivision and reported the homes would be approximately 1,785 square feet on one level. The approximate sales price for each home will be $180,000. There being no further comments regarding the rezoning, Mayor Lehl declared the public hearing closed at 7:10 p.m.

AN ORDINANCE OF THE CITY OF GERING TO RECLASSIFY AND CHANGE ZONING FOR LOT SIX (6), MONUMENT SHADOWS – CCR SUBDIVISION, CITY OF GERING, NEBRASKA, SCOTTS BLUFF COUNTY, FROM GOLF COURSE ESTATES DISTRICT (GCE) TO GOLF COURSE ESTATES DISTRICT (GCE) WITH PLANNED TOWNHOUSE DEVELOPMENT ZONE (PTD) OVERLAY AND PROVIDING FOR AN EFFECTIVE DATE HEREOF was moved by Councilmember Morrison, which motion was seconded by Councilmember Hehnke. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Koob, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: None.

City Engineer Sweeney reported that a preliminary plat of this area was reviewed by the Planning Commission and a final plat will follow. Mr. Arnold indicated he hoped to have the area developed within a year.

The application for special designated license for Union Bar LLC to serve beer, wine, and distilled spirits at a Street Dance during Oregon Trail Days on July 14, 15, and 16, 2005 was reviewed. It was reported the Public Safety Committee had met and reviewed regulations for the special designated license and they don’t see a problem with this application fitting into the regulations of the special designated license. Dwain McLaughlin from the Union Bar said they would meet the new rules for the special designated license.

Limiting the number of special designated licenses per year in the City was discussed. It was indicated it may be difficult to do that for special events and Police Chief Griggs felt it was easier to control special events with licensed areas. He felt limiting the number of licenses wasn’t the answer to the use of alcohol at events.

The discussion at the Public Safety Committee and recommendation they may make to the City Council was discussed. Police Chief Griggs indicated that the new regulations regarding special designated licenses are State Statutes and were enforceable without council approval. It was requested that the council be provided with a copy or report regarding the new regulations for special designated licenses. Councilmember Doll moved and Koob seconded to approve the application for special designated license for Union Bar LLC to serve beer, wine, and distilled spirits at a street dance during Oregon Trail Days on July 14, 15, and 16, 2005. . On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Koob, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: None.

Renae Garton, manager of the Union Bar, presented a check to the Police Department in the amount of $2,000 and talked about the educational efforts conducted by the Police Department for underage drinking and other issues associated with alcohol and the overtime that it takes for the Police Department to secure areas where special designated licenses are used.

Roy Lawton, from Panhandle Community Services, reported on the Community Evergreen House Arboretum which will be a mini-park arboretum on the south lawn at the greenhouse located next to the National Guard Armory. A drawing and project summary were reviewed. Councilmember Gibbs inquired about the security of the area because of it being next to the National Guard Armory. Mr. Lawton indicated that they are checking with the National Guard and it is contingent upon their approval. Panhandle Community Services has applied for a grant for this arboretum and will be hearing about the funds in December. They have reviewed this plan with the Park Board. Costs associated with the installation of the mini-park will not be requested from the City. Mayor Lehl said if matching funds were needed for the grant that they could apply for Keno funds. Councilmember Gibbs moved and Hehnke seconded to approve the request from Panhandle Community Services for the location of the mini-park arboretum south of the Community Evergreen House. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Koob, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: None.

The resolution to amend the salaries of the Mayor and City Council was reviewed. Councilmember Gibbs introduced the resolution and reported about a web site used for inflation and that based on the salary of the City Council of $2,000 a year established in 1998, the salary for councilmembers based on inflation should be $3,165 this year. Councilmember Wineman inquired about the cities used in the comparison and if they were cities used for the employees. Since the salary discussion and negotiations for a contract with employees has not been decided, it was not revealed which cities are used in the survey for the employees unless the labor attorney was consulted. It was indicated that most of the cities listed on the survey had City Manager form of governments rather than City Administrator form of government. City Administrator Morrison and Police Chief Griggs spoke in favor of the salary amendment for Mayor and City Council.

WHEREAS, City of Gering Council establishes the salary for the Mayor and City Councilmembers;

WHEREAS, the salaries for the Mayor and City Council have not been adjusted since 1998.

NOW THEREFORE BE IT RESOLVED that effective December 13, 2004 the salaries of the City Councilmembers shall be $2,500 per year and that the salary of the Mayor of the City of Gering shall be $5,000 per year.

Seconded by Blaha. On roll call vote, the following voted “AYE”: Blaha, Gibbs, Koob, Morrison, Hehnke, Doll and McFarland. “NAY”: Wineman. Absent: None.

2. Approve Permit for Special Events for Union Bar L.L.C. for a Street Dance during Oregon Trail Days on N Street;

3. Approve Application for Special Designated License for Travis Gilliland to serve beer, wine and distilled spirits at Monument Shadows Golf Course Restaurant on December 3 and 4, 2004;

4. Approve Application for Special Designated License for Travis Gilliland to serve beer, wine and distilled spirits at Monument Shadows Golf Course Restaurant on December 10 and 11, 2004;

5. Approve Application for Special Designated License for Travis Gilliland to serve beer, wine and distilled spirits at Monument Shadows Golf Course Restaurant on December 17 and 18, 2004; and

Payroll (ended 11/09/04) 69,436.34; City Payroll Trust, 17,614.55 Payroll Withholding; Internal Revenue Service, 23,363.70 Payroll Taxes; Meat Shoppe, 2,884.62 Mgmt Contract-Civic Center; NE Child Support Payment Center, 653.87 Payroll Withholding; SCB Federal Credit Union, 1,094.46 Payroll Withholding; Western Heritage Credit Union, 225.00 Payroll Withholding; Abdo Publishing Co., 33.90 Books; Air Quality Team, 970.00 Bldg Maint; Airgas Intermountain, In., 11.57 Maint/Equip; B & C Steel, 145.09 Sup; Jennifer Baird, 20.00 State Fees/Court Costs; Broadway Office Centre, 1,291.68 Office Sup – All Depts; Budget Tire & Service, 94.50 Svc; Canon Financial Services, Inc., 156.80 Oper Sup; Capital Business Systems, Inc., 300.00 Maint; City Abstract Co., 163.00 Svcs; City of Gering, 8,656.00 Cashier Check to Gametime Playground Equip-Legion Park; City of Scottsbluff-Utility, 10.00 Recycling; Colorado General Equipment Co., 34.11 Equip; Comm Source, Inc., 147.50 Equip Rep; Copier Connection, Inc., 160.00 Rep/Maint; Credentialing Division, 28.00 Schools/Conf; Crescent Electric Supply Co., 2,738.06 Elec Distribution Sup; Culligan Water Conditioning, 83.25 Rental; D & H Electronic Supply, Inc., 5.13 Sup; Dale’s Tire & Retreading, 42.00 Rep/Maint; Nadine DiBacco, 351.50 Schools/Conf; Display Sales, 1,000.00 Elec Distribution Sup; Ditch Witch of NE, Inc., 16.68 Equip Maint; Ron Doggett, 25.00 Schools/Conf; Dorn’s 66 Service Inc., 20.00 Maint/Sup; Ecolab Pest Elimination, 174.00 Svcs; Brad A. Eichenberger, 185.55 Oper Sup; Ellen Equipment, LLC, 2.60 Equip Rep; Enviro Service Inc., 1,230.00 Water & Sewer Lab Fees; Falco-Intralinks, LLC, 1,575.00 Computer Support; Farrar Fire Extinguisher Co., 13.50 Sup; Floyd’s Sales & Service, Inc., 5.85 Sup; G-Force Extreme Games, 1,250.00 Amphitheater Entertainment Costs; Thomson Gale, 215.60 Books; Gall’s Inc., 40.95 Maint; Gaylord Brothers, 179.82 Books; Gering Courier, 813.49 Pubs; Gering Dry Cleaners, 20.00 Svcs; Gering-Fort Laramie Irrigation, 4,712.95 Irrigation Taxes; Gering Irrigation District, 998.00 Sup; Gering Merchants Association, 2,194.00 Community Betterment – Keno Funds; Gering Public Schools, 4,327.95 School Share of Liquor & Tobacco & Animal Control Fees; Gering Volunteer Fire Dept., 11,054.85 Volunteer Incentive Plan; Great Plains One-Call Service, 77.49 Comm; Bert Gurney & Associates, Inc., 75.00 Sewer Lagoon Rep; Dale Hauck, 165.86 Engineer Insp; Heilbrun, 760.48 Sup; Holiday Inn, 395.70 Schools/Conf; Holiday Inn, 177.60 Schools/Conf; Holiday Inn, 188.85 Schools/Conf; Hollingsworth Associates, Inc., 4,059.00 Engineering Fees – Landfill; Horizons West Medical Group PC, 135.00 Svcs; Hullinger Glass & Locks, 90.65 Svc; Ideal Linen Supply, Inc., 1,161.98 Sup-All Depts; Infinity Construction, Inc., 98,033.79 “D” Street Paving; Ingram Library Services, 1,491.02 Library Books; Jirdon Agri Chemicals, Inc., 677.70 Sup; Johnson Cashway Co., 771.91 Sup; Ralph L. Jones, Flag Broker, 2,303.90 Replacement Flags for 10^th Street; Journey to Western Nebraska, 580.00 Adv; KNEB, 110.00 Adv; Kovarik, Ellison, Mathis, Weimer, 2,931.75 Legal Fees; De Lage Landen Financial Services, 211.66 Office Sup; Long Rider Books, 629.50 Books; Masek Golf Car Co., 43.63 Sup; Matthew Bender & Co., Inc., 547.45 Books; Meat Shoppe, 6,639.71 Catering Costs; Meredith Books, 353.78 Books; Midwest Laboratories, 175.50 Svcs; Municipal Energy Agency of NE, 221,296.81 Power Purchases; Municipal Supply, Inc. of NE, 234.11 Sup; Nebraska Department of Revenue, 278.61 Tax/Sup Nebraska Library Association, 358.75 Conf/Dues/School; Nebraska Tire Firth Energy, 30.00 Sup; Newman Traffic Signs, 546.00 Sup; Northwest Pipe Fittings, Inc., 115.86 Sup; OMB Police Supply, 505.81 Uniforms; Ollis Book Corporation, 566.00 Books; Omaha World-Herald, 143.00 Pub; Oregon Trail Days Assn., 6,000.00 Community Betterment – Keno Funds; Panhandle Concrete Prod. Inc., 4,765.29 Voided Check – Written for Incorrect Amt; Pegler-Sysco Food Services Co., 343.70 Oper Exp; Performance Automotive Co., 81.22 Sup; William C. Peters, 1,741.50 City Prosecutor Fees; Powerplan, 2,278.06 Street Dept Equip Rep; Print Express, 450.80 Pub; Pro Quality Pest Control, 27.00 Oper Exp; Quality Books, Inc., 887.02 Books; Paul L. Reed Construction, 343,720.40 Progress Pymt – Sewer Plant Upgrade; Reganis Auto Center, 42.11 Svcs; Respond First Aid Systems, 65.57 Sup; Retriever, 1,175.00 Golf Course Credit Card Equip; Pamela Richter, 312.75 Schools/Conf; Robinson Electric, 923.06 Svcs; Kathryn Robson, 117.50 Oper Exp; Harvey Ross, 135.00 Cart Storage Refund; Sandberg Implement, Inc., 93.98 Sup; M. C. Schaff & Associates, Inc., 8,242.65 Engineering “D” Street Paving; Rhonda & Jeff Schledewitz, 85.00 Tree Rebate; SCB County Register of Deeds, 123.50 Fees; SCB County Register of Deeds, 37.25 Fees; SCB County Sheriff Office, 142.18 Fees; Scottsbluff Winnelson Co., 31.83 Maint/Sup; Michael Seckinger, 200.00 Elec Rebate; Leland Sieb, 777.00 Engineers Fees; Snell Services, Inc. 29.40 Maint/Svcs; Sprint, 11.46 Telephone; Sprint – United Telephone, 4,724.06 Telephone; Sprint Yellow Pages, 45.50 Adv; Staples Credit Plan, 24.32 Sup; Star-Herald, 578.71 Pub; State of NE/DAS Communication, 295.85 Telephone-Long Distance; Sunmart Foods, 17.37 Sup; Teledyne Isco, Inc., 83.08 Sup; Thomas Bouregy & Co., 138.00 Books; Robert Thomason, 64.18 Refund; Michael Todd & Co., Inc., 951.42 Traffic Control Sup; United Parcel Svc, 61.35 Postage; Upstart, 79.48 Sup; Walmart Community, 97.99 Sup; Tom Walsh, 128.00 Schools/Conf; Western Trail Sports Post, 12.78 Sup; Western United Elec Supply Co., 156.67 Oper Exp; Winchell Cleaning Svc, 2,240.00 Civic Center Janitor Svc; World Media Express, 120.65 Books. On roll call vote, the following voted “AYE”: Blaha, Wineman, Gibbs, Koob, Morrison, Hehnke, Doll and McFarland. “NAY”: None. Absent: None.