Regular Meeting November 1, 2010

Regular Meeting November 1, 2010 The Scottsbluff City Council met in a regular meeting on Monday, November 1, 2010 at 6:00 p.m. in the Council Chambers of City Hall, 2525 Circle Drive, Scottsbluff. A notice of the meeting had been published on October 29, 2010 in the Star Herald, a newspaper published and of general circulation in the city. The notice stated the date, hour and place of the meeting, that the meeting would be open to the public. That anyone with a disability desiring reasonable accommodation to attend the council meeting should contact the city clerk s office, and that an agenda of the meeting kept continuously current was available for public inspection at the office of the city clerk in City Hall; provided, the city council could modify the agenda at the meeting if it determined that an emergency so required. A similar notice, together with a copy of the agenda, also had been delivered to each council member, made available to radio stations KNEB, KMOR, KOAQ, and television stations KSTF and KDUH, and the Star Herald. The notice was also mailed to 11 agencies in a written report, on October 29, 2010. An agenda kept continuously current was available for public inspection at the office of the city clerk at all times from publication of the notice to the time of the meeting. Mayor Meininger presided and City Clerk Dickinson recorded the proceedings. Mayor Meininger welcomed everyone in attendance and encouraged all citizens to participate in the council meeting asking those wishing to speak to come to the front of the room and state their name and address for the record. Mayor Meininger informed those in attendance that a copy of the Nebraska Open Meetings Act is available in the back of the room on the west wall for the public s review. The following Council Members were present: David Boeckner, Randy Meininger, Linda Redfern, Bill Zitterkopf. Absent: Raymond Gonzales. Mayor Meininger asked if there were any changes to the agenda. There were none. Mayor Meininger asked if any citizens with business not scheduled on the agenda wished to include an item providing the City Council determines the item requires emergency action. There were none. Moved by Council Member Boeckner, seconded by Council Member Redfern, that: 1) The minutes of the October 18, 2010 Regular Meeting be approved, 2) Bid specifications be approved for the purchase of a new Multi-Conductor TV Pipeline Inspection High Cube Van for sewer line inspection and maintenance and authorize the city clerk to advertise for bids to be received by November 22, 2010 at 3:00 p.m. 3) Council acknowledge a personal injury claim from Sally Linz and forward it to the City s insurance carrier, YEAS Boeckner, Meininger, Redfern, Zitterkopf. NAYS None, Absent: Gonzales. City Manager Kuckkahn presented a recommendation from the Economic Development Application Review committee regarding the payment amount due to Aurora Loan Services (ALS) for their LB 840 grant, which is tied to job credits. The final payment due is $600,000.00 however, Aurora Loan Services did not employ as many employees as anticipated according to the terms of the agreement. The city can net out the amount due to ALS by reducing the amount owed by $69,000.00. The committee recommended a net amount payment to ALS of $531,000.00 and obtain the Reconveyance of the Deed of Trust as part of this payment. ALS has the ability to earn the remaining credits during the life of the grant period. Moved by Council Member Boeckner, seconded by Council Member Zitterkopf to pay the net amount of $531,000.00 to Aurora Loan Services for their LB 840 grant and attempt to obtain the Reconveyance of the Deed of Trust as part of this payment, YEAS Boeckner, Meininger, Redfern, Zitterkopf. NAYS None, Absent: Gonzales. 1

City Manager Kuckkahn presented a bill for repairs to the Scottsbluff Senior Center to be paid from contingency funds. Moved by Council Member Boeckner, seconded by Council Member Redfern to approve payment to Schank Roofing Service for $69.35 to repair the roof at the Scottsbluff Senior Center building, using the contingency funds, YEAS Boeckner, Meininger, Redfern, Zitterkopf. NAYS None, Absent: Gonzales. Moved by Council Member Boeckner, seconded by Council Member Redfern, That the following claims, be and hereby are approved and should be paid as provided by law out of the respective funds designated in the list of claims dated November 1, 2010, as on file with the City Clerk and submitted to the City Council. YEAS Boeckner, Meininger, Redfern, Zitterkopf. NAYS None, Absent: Gonzales. CLAIMS PAYROLL $50,196.10 W/H; REGIONAL CARE $106,663.19 INS CLAIMS; WELLS FARGO $24,421.19 RETIREMENT; PVNB-HEALTH SAVINGS $13,576.78 EMP DED; STATE OF NE $54,656.03 PAYROLL TAX; NEBRASKA CHILD SUPPORT PAYMENT CENTER $1370.46; ABC BLINDS $540.75 SUPP; ACCEL REC SOL $197.67 WAGE ATTACH; ACCURINT $50.00 BCKGRND CHK; PAUL AGUALLO $100.00 UNIFORM; ALAMAR UNIFORMS $1,839.41 UNIFORM; ALLO COMMUNICATIONS $4,525.34 PHONE; AMAZON.COM HDQRTRS $33.30 BOOKS\; ANDERSON & SHAW $17,836.79 CONTRACTUAL; AURORA LOAN SERVICES LLC $531,000.00 LB840 GRANT; AUTO TRUCK, INC $809.28 SERVICE; B&C STEEL $152.37 SUPP; GARY BATT $42.67 PHONE; BEST WESTERN SETTLE INN $272.00 BUS TRVL; BLUFFS SAN SUPPLY $319.01 SUPP; MARK BOHL $61.00 BUS TRVL; FARM PLAN $166.67 SUPP; JERRY R. BRETTHAUER $47.60 BUS TRVL; BROADWAY OFFICE $189.79 SUPP; ROY BROWN $79.31 REFUND; BRUNZ, BRANDI $193.51 TRNSPORT & INTERVIEW; CAPITAL BUSINESS SYST $191.48 MAINT; DEBRA CARLSON $48.36 BOOKS; CARR TRUMBULL LBR $35.63 SUPP, REPAIRS; DAWN CHAPMAN $59.36 REFUND; CITY OF SCOTTSBLUFF $163,279.17 PAYROLL; CMRS-FP $2,000.00 POSTAGE; COLONIAL LIFE $155.60 INS; JAMES COMBS $56.00 DUES; COMFORT INN-GI $393.96 TRNG; CONNECTING POINT $982.81 SUPP; CONTINUUM EMP ASSIST $6,059.91 TRNG; CONTRACTORS MAT $261.25 SUPP, REPAIRS; COPPERFIELDS BOOK STORE $24.73 BOOKS; CNTY COURT SCB CNTY $1,453.75 CT COSTS; CHURCHICH REC DESIGN $194.18 MAINT; CUES $348.11 PARTS; CULLIGAN $37.25 SUPP; D&H ELEC $31.08 EVENT; DALES TIRE & RETREAD $620.76 MAINT; DIRECT CHECK $237.17 WAGE ATTACH; DITCH-WITCH $1,493.10 MAINT; EBSCO PUB $43.00 SUPP; EMBLEM AUTHORITY, THE $416.00 SUPP; ENVIRO SERV $277.00 SAMPLES; FASTENAL $54.30 SUPP; FAT BOY'S TIRE & AUTO $1,524.20 MAINT; FEDERAL EXPRESS $189.84 POSTAGE; FIRST WIRELESS, INC $427.00 MAINT; FLOYDS SALES & SERV $160.00 PARTS; FRANK IMP $1,101.28 MAINT; GAYLORD BROS $127.84 SUPP; GP GFOA $85.00 MBERSHP; HARDING & SHULTZ, P.C., L.L.O. $930.70 LEGAL SERVICES; HAWKINS $1,663.85 SUPP; HD SUPPLY WATERWORKS, LTD $48,034.42 SUPP; HEILBRUN FARM IND SUPP $300.76 REPAIRS; HEWLETT PACKARD ED $660.00 MAINT; HOME DEPOT CREDIT SERVICES $161.12 MAINT; HOMETOWN FAMILY RADIO SCB $500.00 SUPP; HULLINGER GLASS & LOCKS $160.00 SUPP; ICMA RETIREMENT TRUST $2,079.31 DEFERRED COMP; IDEAL CRANE, LLC $4,244.10 PARTS; IDEAL LINEN $501.95 UNIFORMS; INTERNAL REVENUE SERVICE $50.00 WAGE ATTACH; JIRDON AGRI CHEM $4,373.99 SUPP; KEEP SCOTTSBLUFF-GERING BEAUTI $4,600.00 RECYCLING FEE; KIMBALL MIDWEST $740.47 SUPP; KNOLL, INC $80,557.66 LIBRARY FURNISHINGS; KOVARIK,ELLISON,MATHIS & WEIME $515.63 LGL FEES; KATHLEEN A LAUGHLIN, TRUSTEE $286.00 WAGE ATTACH; LINWELD $250.45 SUPP; LOGAN CONTRACT SUPPLY $383.40 PARTS; LYNN PEAVEY CO $718.40 SUPP; MACKIE, WILL $50.00 MAINT; MARIES EMBROIDERY $63.00 UNIFORMS; MENARDS $1,219.00 SUPP; MICROMARKETING ASSOC $116.93 SUPP; MIDWEST LAB INC $28.80 SAMPLE; MIDWEST SPECIAL SVC INC $321.55 SERVICES; MONEY WISE OFFICE SUPPLIES $287.09 SUPP; MONUMENT CAR WASH $239.95 2

CAR WASH; MURDOCHS RANCH & HOME SUPPLY $2,006.38 SUPP; NEBR MACHINERY $1,246.08 SUPP; NE RURAL WATER ASSOC $650.00 TRNG; NORTHERN SAFETY CO $688.07 SUPP; NW PIPE FITTINGS $228.88 MAINT; NPPD $448.86 UTILITIES; PANHANDLE COOP $7,444.59 FUEL; PANHANDLE LIBRARY SYSTEM $7.00 MAINT; ELISEO PEREZ $2,675.00 TRANSP; POSTMASTER $226.14 POSTAGE; PRINT EXPRESS $336.80 SUPP; PRO TIRE $1,409.79 MAINT; PROJECT WET FOUNDATION $650.92 EDUC MAT; PROTEX CNTRL $960.00 ALARM; QUILL CORP $261.87 SUPP; RAILROAD MANAGEMENT CO III,LLC $199.66 SUPP; INDEPENDENCE MOTEL PROP $142.00 TRNG; RCI $26,581.72 PREMIUM; REG WEST PHYSICIANS $295.00 PHYSICAL; REGISTER OF DEEDS $49.50 RECORDING FEE; SONIA & REUBEN REISIG $3.62 REFUND; JON REITER $270.81 BUS TRVL; WY FIRST AID/SAFETY $91.15 SUPP; MICHELLE L REULAND $5.79 REFUND; RAY RICHARDS $249.55 SUPP; RIVERSIDE DISCOVERY CENTER $724.61 WAGES; ROOSEVELT PP DIST $1,846.03 ELECT; SMEC $287.00 UNITED WAY; SANDBERG IMPLEMENT $273.21 PARTS; SCB FIREFIGHTERS UNION LOCAL 1 $210.00 DUES; SCOTTSBLUFF LANDSCAPING $12,000.00 GRANT; SCB POLICE OFFICERS ASS'N $300.00 DUES; SCB PUB SCHOOLS $3,554.80 LICENSE FEES; SCB SCREENPRINTING $1,373.88 UNIFORMS; MC SCHAFF $980.00 CONTRACTUAL; SCHANK ROOFING SERVICE $69.35 REPAIRS; SHERWIN WILLIAMS $20.96 SUPP; LAUREN D SHIRLEY $7.05 REFUND; SHOWCASES $294.19 SUPP; SIMON CONT $500.50 MAINT; SONNY'S BIKE SHOP $79.96 SUPP; SORENSEN MICKEY & HAHN TRUST A $100.00 WAGE ATTACH; SPECIALIST ELECTRICAL SERVICES $285.50 EQUIP; STAPLES $232.71 SUPP; ST NE DEPT OF HEALTH $217.00 LICENSE RENEWALS; STATE ELECTRICAL DIV $20.00 LICENSE; STATE HEALTH LAB $4,719.00 SAMPLES; STATE OF NE $154.43 PHONE; THOMPSON GLASS $1,165.00 REPAIRS; THOMMY JOHNNYS $850.00 CONTRACTUAL; USA BLUEBOOK $3,318.76 MAINT, SUPP; VERIZON WIRELESS $86.78 PHONE; WALMART $195.43 SUPP; SHAWN WEST $57.00 TRVL EXP; WESTCO $145.10 PARTS; PETER WYSOCKI $142.65 TRVL EXP; ZMLUMBER $27.36 SUPP. City Manager Kuckkahn presented the Federal Highway Transportation Agreement for Council s consideration. Provisions of this agreement will require first-class cities to prioritize all projects eligible for L200 federal funding throughout the state and decide which projects should be completed. Communities in western Nebraska are at a slight disadvantage because a majority of the voting power is in the eastern part of the state. However, Scottsbluff has received a lot of project funds over the past few years. This agreement goes to 2059, however, the city can terminate the agreement if it chooses. Public Works Director Mark Bohl added that this agreement takes the place of the previous STPP agreements with the State. First class cities will prioritize projects four times each year. Moved by Council Member Zitterkopf, seconded by Council Member Boecker to approve the Federal Highway Transportation Funding Agreement and authorize the Mayor to execute the Agreement, YEAS Boeckner, Meininger, Redfern, Zitterkopf. NAYS None, Absent: Gonzales. City Manager Kuckkahn presented the contract with Urban Development Services for the Downtown Revitalization design. Council previously approved the bid amount and the staff has met with the contractor. The bid amount was actually $28,900.00, however, the contract is for $30,000.00. This is within the amount of the grant award and the additional funds will help to hire local contractors to assist with the project. Moved by Council Member Boeckner, seconded by Council Member Redfern, to approve the contract with Urban Development Services for the Downtown Revitalization Project Urban Design and authorize the Mayor to execute the contract, YEAS Boeckner, Meininger, Redfern, Zitterkopf. NAYS None, Absent: Gonzales. 3

Council introduced an Ordinance dealing with the sale of fireworks on second reading which was read by title: AN ORDINANCE DEALING WITH FIREWORKS, SPECIFYING THE TIMES OF DAY THAT FIREWORKS CAN BE SOLD AND DISCHARGED, DEFINING CONSUMER FIREWORKS, PROVIDING A FIRE INSPECTION FEE FOR RETAIL OR WHOLESALE FIREWORK LOCATIONS, AMENDING OTHER FIRE INSPECTION FEES, AND REPEALING PRIOR SECTIONS. Council introduced Ordinance No. 4035 dealing with permit fees on second reading: AN ORDINANCE DEAING WITH FEES, REMOVING REFERENCES TO OTHER THAN NEW CONSTRUCTION IN REFERENCE TO BUILDING PERMIT FEES, CHANGING THE FEE FOR PERMITS REQUIRED UNDER THE SOLAR CODE, AND REPEALING PRIOR SECTIONS. Moved by Council Member Boeckner, seconded by Council Member Redfern, That the statutory rule requiring the Ordinance to be read by title on three different days be suspended. YEAS Boeckner, Meininger, Redfern, Zitterkopf. NAYS None, Absent: Gonzales. Moved by Council Member Boeckner, seconded by Council Member Redfern, That Ordinance No. 4035 be adopted, YEAS Boeckner, Meininger, Redfern, Zitterkopf. NAYS None, Absent: Gonzales. The motion carried having been approved by three-fourths of the Council Members. Council reviewed the resolution allowing for the revision of the One and Six Year Street Improvement Plan to allow for the mill overlay project on 27 th Street from Avenue I to Highway 26. Moved by Council Member Boeckner, seconded by Council Member Redfern to approve Resolution No. 10-11-01, Amended One and Six Year Street Improvement Plan, YEAS Boeckner, Meininger, Redfern, Zitterkopf. NAYS None, Absent: Gonzales. RESOLUTION NO. 10-11-01 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SCOTTSBLUFF, NEBRASKA: 1. The City Council desires to include this amended project M-536 (291) in the 2010 One and Six Year Street Improvement Plan to mill overlay 27 th Street from Avenue I to Highway 26, as funding has become available for this project. 2. The project to be amended is set forth on the attached Board of Public Roads and Classifications and Standards; Form 10 Notification of Revision of One-Year Plan. 3. The 2010 One-Year Plan is adopted to include this amendment. 4. The City Clerk is directed to file a copy of this Resolution along with the attached Form 10 Notification of Revision of One-Year Plan with the Board of Public Roads Classifications and Standards. 5. This Resolution shall become effective following its passage and approval. PASSED AND APPROVED THIS 1 st day of November, 2010. 4

ATTEST: City Clerk Mayor seal Council reviewed the Resolution and agreement for the 27 th Street Improvement Project. City Manager Kuckkahn added that there has been some interest in widening 27 th Street in front of the High School. Public Works Director Mark Bohl is currently working with the engineers on this proposal. He explained that the state is scheduled to begin the bid letting process in April, 2011 and the project should begin by June of 2011 and finished by the time school starts in late summer. Moved by Council Member Boeckner, seconded by Council Member Redfern, to approve Resolution No. 10-11-02 for the 27 th Street Project and authorize the Mayor to execute the Agreement URB-5720(1) between the City of Scottsbluff and the Nebraska Department of Roads, YEAS Boeckner, Meininger, Redfern, Zitterkopf. NAYS None, Absent: Gonzales. Mayor Meininger complimented Public Works Director Bohl for having shovel ready projects to participate in the available state funding. RESOLUTION NO. 10-11-02 A RESOLUTION OF THE CITY OF SCOTTSBLUFF, NEBRASKA, AUTHORIZING THE MAYOR TO SIGN THE PROJECT PROGRAM AGREEMENT BETWEEN THE CITY OF SCOTTSBLUFF AND THE NEBRASKA DEPARTMENT OF ROADS PERTAINING TO THE PROPOSED TRANSPORTATION PROJECT ON 27 TH STREET, AVENUE I TO HIGHWAY 26, WITHIN THE CITY OF SCOTTSBLUFF. WHEREAS, the City of Scottsbluff is proposing a transportation project for which it would like to obtain Federal funds; and WHEREAS, the City of Scottsbluff understands that it must strictly follow all federal, state and local laws, rules, regulations, policies, and guidelines applicable to the funding of the Federal-aid project; and WHEREAS, the City of Scottsbluff and Nebraska Department of Roads (NDOR) wish to enter into a Project Program Agreement setting out the various duties and funding responsibilities for the Federal-aid project. NOW, BE IT THEREFORE RESOLVED BY TLHE CITY COUNCIL OF THE CITY OF SCOTTSBLUFF, NEBRASKA: That Randy Meininger, the Mayor of the City of Scottsbluff, is hereby authorized to sign the attached Project Program Agreement between the City of Scottsbluff and NDOR. The City of Scottsbluff is committed to providing local funds for the project as required by the Project Program Agreement. NDOR Project Number: URB-5702(1) NDOR Control Number: 51454 NDOR Project Name: 27 th Street, Avenue I Highway 26 5

PASSED AND APPROVED THIS 1st day of November, 2010. ATTEST: Mayor City Clerk During Public Comments, Mr. Carroll Mohrbutter voiced his appreciation to Mr. Bohl for a job well done in completing the Avenue B project and making sure it is handicap accessible. He also thanked Council Member Redfern for being an advocate for people with accessibility needs and helping him personally. He wished her good luck as she will not be running for City Council in the upcoming election. Under Council Reports, Council Member Zitterkopf reported that Scottsbluff High School will have two Council representatives attend future meetings, Danny Becker and Ali Brisco. Moved by Council Member Boeckner, seconded by Council Member Redfern, to adjourn the meeting at 6:17 p.m., YEAS Boeckner, Meininger, Redfern, Zitterkopf. NAYS None, Absent: Gonzales. ATTEST: Mayor City Clerk seal 6

7