Regular Meeting
December 17, 2007
The Scottsbluff City Council met in a regular meeting on Monday, December 17, 2007 at 6:00 p.m. in the Council Chambers of City Hall, 1818 Ave A, Scottsbluff. A notice of the meeting had been published on December 14, 2007 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 December 14, 2007. 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 microphone 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 posted in the back of the room on the west wall for the public’s review. The following Council Members were present: David Boeckner, Fiona Libsack, Randy Meininger, Linda Redfern Craig Erdman, Absent: None.
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 Erdman that:
1. “The minutes from the December 3, 2007 Regular Meeting be approved,”
2. “Claim from Misty West for personal property damage be acknowledged and forwarded to insurance carrier.”
3. “Approve closing City Administration offices at 2:00 p.m. on December 24, 2007, Christmas Eve,” “YEAS”, Boeckner, Libsack, Meininger, Redfern, Erdman. “NAYS” None. Absent: None.
Council Member Boeckner expressed a conflict of interest with reference to the claim of Mr. Boeckner in the amount of $132.58 for travel reimbursement. Moved by Council Member Erdman, seconded by Council Member Redfern, “That a conflict exists for Council Member Boeckner with reference to payment of claim to Mr. Boeckner in the amount of $132.58 for travel reimbursement and that he be excused from discussion and voting on said claim.” “YEAS”, Boeckner, Libsack, Meininger, Redfern, Erdman. “NAYS” None. Absent: None.
Moved by Council Member Erdman, 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 December 17, 2007, as on file with the City Clerk and submitted to the City Council.” “YEAS”, Boeckner, Libsack, Meininger, Redfern, Erdman. “NAYS” None. Absent: None.
CLAIMS
Payroll $52,573.23, w/h; Regional Care $70,886.44 ins claims; Wells Fargo $24,583.54 retirement; PVNB-Health Savings $5,335.26 emp ded; State of NE $27,875.49 payroll tax; Accel Rec Sol $120.37 wage attach; Accurint $30.00 bkgrnd check; Action Comm $34.22 pager; Allo Communications $3,229.81 phone; Alltel $687.94 cell phone; American Honda Finance Co $349.35 car lease; Fortis Benefits Ins $528.13 ins; Assurity Life Insurance Co $1,147.47 ins; Amer Assoc Zoological Park $60.00 mbership; B&C Steel $207.75 maint; Baker & Assoc $212.50 contractual; Baker & Taylor $844.18 books; Baker & Taylor $123.74 serials; Joshua Baker $75.89 refund; Bartels Ace Hardware $40.81 maint; Gary Batt $30.00 trng; Beltline Auto $32.59 maint; Bluffs Chassis $505.70 maint; Bluffs San Supply $176.20 supp; Broadway Office $413.09 supp; Brodart Co $202.00 books; Cannon Financial Services $175.00 contract; Capstone Press $16.95 book; Carr Trumbull Lbr $583.80 supp; City Of Gering $34,743.77 waste disp; City Of Scottsbluff $151,198.29 payroll; Cleanwright $1,317.00 janitorial; Commsource $1,562.44 maint; Connecting Point $357.50 backup; Contractors Mat $1,626.01 supp; Crescent Elect Supply $219.14 maint; Churchich Rec Design $5,930.00 maint; Cues $15,237.20 parts; Culligan $348.75 maint; Custom Programming $300.00 software; D&H Elec $53.54 supp; Dairy King $20.19 refund; Dales Tire & Retread $110.98 repairs; Dell Marketing L.p. $17,830.50 optiplex; Eagle Bay Dist $990.00 supp; Elliott Equip $1,335.25 repairs; Enviro Serv $91.00 samples; Enviro Tech $2,723.81 ice slicer; Equipment Southwest Inc $353.53 supp; Factual Data-midwest $9.73 bkgrnd check; Federal Express $147.38 postage; Fingerprint Equip Lab $29.32 tabs; Floyds Sales & Serv $3,961.85 maint; Fluker Farms $65.23 zoo diet; Frank Imp $1,203.54 supp; Candi & Paul Frohman $32.63 refund; Reichert Jewelry $116.85 awards; Gale Group $28.81 books; Galls $371.88 uniforms; Gaylord Bros $262.95 supp; Gering Valley Plumbing & Htg. $237.00 maint; Great Am Leasing Corp $180.00 postage; Great Plains One Call $128.85 locates; The Greenkeeper $4,770.00 supp; Hach Chemical $528.43 supp; Haiston Serv $1.47 maint; Hampton Inn $140.00 trng; Hawkins $1,282.40 supp; Cally Haworth $48.25 refund; Heilbrun Farm Ind Supp $1,480.74 supp; Henkels Machine & Welding $22.82 parts; Matt Herbel $24.57 supp; Belinda Hernandez $70.77 refund; Hewlett Packard Ed $667.00 maint; Home Depot Credit Services $29.87 supp; ICMA Retirement Trust $2,034.11 retirement; Ideal Linen $620.78 supp; Ind Plmbg & Htg $14.40 maint; Indigo Wireless $21.10 cell; Info USA Marketing $1,750.00 pub; Jirdon Agri Chem $68.40 maint; Johnson Cashway $5.90 maint; K&M Intl $733.21 merch; Kawasaki Korner $189.37 maint; Kimball Midwest $121.12 supp; Sam Klassert $938.25 contractual; Koh Security $514.00 camera; Joan Kollars $120.00 trvl; Kriz Davis $1,092.98 supp; L & W Trucking $2,900.00 contractual; Linweld $45.32 supp; Jessie Marchington $26.23 refund; Marketing Consultants $324.00 uniforms; Masek Dist $396.92 maint; Mcroberts Sales Co $355.96 zoo diet; Mercantile $225.41 maint; Murdochs Ranch & Home Supply $167.96 maint; Nat'l Geographic Soc $15.90 book; State Of Ne $88.00 contractual; Nebr Machinery $302.34 battery; Nebraska Online $3.00 drivers lic; Nebraska Child Support Payment $1,862.96 child support; Neve's Uniforms Inc $485.27 uniforms; Northern Safety Co $300.28 uniforms; NW Pipe Fittings $137.48 maint; NPPD $42,679.98 electricity; OMB Police Supp $26.48 uniforms; Panhandle Collections $20.37 wage attach; Panhandle Concrete $1,915.00 parts; Panhandle Coop $3,479.70 supp, maint; Panhandle Humane Soc $4,324.92 contractual; Pioneer Animal Clinic $345.17 vet fees; Postmaster $188.51 postage; Print Express $937.98 supp; Pro Tire $2,301.16 maint; Susana Quintanar $400.00 janitorial; Red Barn Shop $15.00 maint; Rgn 1 Ofc Human Dvlpmnt $825.00 recycling; Register Of Deeds $181.50 recording; Rhode Island Novelty $303.80 supp; Rodent Pro $486.04 zoo diet; Ron's Towing $95.00 towing; SMEC $296.96 united way; Sandberg Implement $13,312.98 maint; Scottsbluff Body & Paint $2,263.20 towing, service; Scotts Bluff Fed Cred Union $9,628.56 credit union; Scb Firefighters Union Local 1 $180.00 dues; Scb Police Officers Ass'n $337.50 dues; Scb Screenprinting $1,396.00 uniforms; FH Schafer Elev $1,500.00 zoo diet; MC Schaff $2,150.00 survey; Dale W Schamel $13.35 refund; Jane Schlager $25.46 prog supp; Sherwin Williams $152.75 maint; Simmons, Olsen, Ediger, Selzer $10,437.06 contractual; Wright Express $15,064.14 supp; Slafter Oil $27.35 parts; Smith, Russ $60.00 zoo diet; Ted Smith $552.62 trng; KN Energy $203.80 fuel; Specialist Electrical Services $535.92 contractual; Staples $1,731.62 supp; Star Herald $1,892.21 lgl publishing; State Health Lab $362.00 samples; Kristofer & Beth Still $232.73 trees; Superior Signals $280.85 supp; Donna Thieam $90.00 trng; Thommy Johnnys $660.00 contractual; Treat America Food Services $116.92 k-9 trng; Tri State Roofing $275.00 parts; Trinity Steel Supply $5.92 supp; Univ Of Ne $100.00 certification; Annie Urdiales $51.00 trng; U S Welding $150.99 supp; USA Bluebook $611.31 supp; Visa $405.60 supp; Waite Lbr Co $30.69 parts; Walmart $1,292.63 supp; Waste Connections $28,365.00 compactors; Western Trail Sports $112.97 maint; Western Travel Terminal $19.71 fuel; Gary Wilkins $55.00 cdl; World Almanac Ed $32.90 serial; Xerox Corp $30.46 maint; YMCA $1,263.25 fitness; ZMLumber $40.16 maint.
Moved by Council Member Erdman, seconded by Council Member Redfern, “That the claim of David Boeckner in the amount of $132.58 for travel reimbursement be approved and paid as provided by law out of the respective funds designated in the list of claims dated December 17, 2007 as on file with the City Clerk and submitted to the City Council.” “YEAS” Libsack, Meininger, Redfern, Erdman. “NAYS” None. Absent: None. Abstain: Boeckner.
City Manager Rick Kuckkahn presented the October, 2007 Financial Report for Council’s review. There were no comments from Council.
Mayor Meininger opened the public hearing at 6:05 p.m. as advertised for this date to consider the Retail Class C Retail Liquor License application of Burlington Bar, LLC dba Burlington Bar, 1001 Ave. I, Scottsbluff, NE. Witnesses, Crystal Hoagland and Chief Alex Moreno, were sworn in by Mayor Meininger. City Clerk Dickinson presented exhibits numbered one through five.
Moved by Council Member Boeckner seconded by Council Member Erdman, “That the following exhibits, presented on behalf of the City Council, be entered into the record:
1) Application of Burlington Bar, LLC dba Burlington Bar, 1001 Ave. I, Scottsbluff, NE;
2) City Council Check List for Section 53-132 Cum Supp 2002;
3) Written Statement of Police Chief Moreno dated December 17, 2007;
4) Written Statement of City Clerk dated December 17, 2007;
5) Written Statement of Planning Administrator Urdiales dated December 6 , 2007; “YEAS” Boeckner, Libsack, Meininger, Redfern, Erdman, “NAYS” None. Absent: None.
Crystal Hoagland approached the Council and stated that she has been the Manager of the Burlington Bar for one and one-half years and has not experienced any major problems. She is currently purchasing the bar from Dwain McLaughlin. City Attorney Olsen asked what provisions she had that would guarantee that minors are not served. Ms. Hoagland responded that absolutely no minors are allowed in the bar and ID’s are checked. Mr. Olsen asked who was responsible for purchasing the alcohol. Ms. Hoagland has the responsibility of purchasing all alcohol. Council Member Boeckner asked if Ms. Hoagland and the staff had taken the Nebraska State Patrol alcohol servers training. She responded that all employees have taken the training courses. Mayor Meininger asked about their policy preventing employees from selling to minors. Ms. Hoagland commented that if employees violate this policy, it would result in immediate termination. They also offer a $50 incentive for employees who pass the sting operation.
Police Chief Moreno commented that in October 2006, Ms. Hoagland had a similar application, with some issues regarding the license. Since that time, there have not been any problems at this establishment. On December 12, 2007, Chief Moreno and a representative from the Liquor License Investigatory Board met with Ms. Hoagland and talked about steps to reduce use of alcohol by minors. Ms. Hoagland also added that employees can not consume alcohol while working and will be terminated if they violate this rule. Chief Moreno reported to the Council that there is no reason to believe the applicant is not fit to hold a liquor license.
At 6:10 p.m. Mayor Meininger closed the public hearing, as there were no further comments. He reminded Ms. Hoagland that each of us has a responsibility in eliminating the use of alcohol by minors. Moved by Council Member Boeckner, seconded by Council Member Libsack that recommendation be made to the Nebraska Liquor Control Commission that a Retail Class C Liquor License be issued to Burlington Bar LLC dba Burlington Bar”, “YEAS”, Boeckner, Libsack, Meininger, Redfern, Erdman. “NAYS” None. Absent: None.
Moved by Council Member Boeckner, Seconded by Council Member Libsack “That recommendation be made to the Nebraska Liquor Control Commission that Crystal Hoagland be named as manager of the Retail Class C liquor license issued to Burlington Bar LLC dba Burlington Bar”, “YEAS”, Boeckner, Libsack, Meininger, Redfern, Erdman. “NAYS” None. Absent: None.
RESOLUTION NO. 07-12-3
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SCOTTSBLUFF, NEBRASKA:
1. On December 17, 2007 the matter of the application of Burlington Bar LLC doing business as Burlington Bar” for a Retail Class C liquor license at 1001 Ave. I, Scottsbluff, Nebraska, came on for consideration by the Council. The following exhibits were offered and received:
Exhibit 1 - Application of Burlington Bar LLC dba Burlington Bar”
Exhibit 2 - City Council Check List for Section 53-132 Cum. Supp. 2002
Exhibit 4 - Written statement of City Clerk dated December 17, 2007
2. Witnesses were sworn and testimony was received in support of the application at the public hearing on this date from Crystal Hoagland, manager.
3. Upon consideration of the evidence and the criterion to be considered by the City Council pursuant to law, the City Council finds as follows:
a. Applicant has demonstrated a fitness, willingness, and ability to properly serve or sell liquor in conformance to the rules and regulations of the Nebraska Liquor Control Act.
b. Applicant has met its burden with regard to the check list provided by Section 53-132 R.R.S. (Cum Supp 2002) and demonstrates a willingness and ability to properly serve or sell liquor in conformance to the rules and regulations of the Nebraska Liquor Control Act and its management and control appears to be sufficient to insure compliance with such rules and regulations.
4. By reason of the above, the Applicant has met the burden of proof and persuasion in producing evidence pertaining to the criterion prescribed in the Nebraska Statutes.
5. Based on the above findings, the City Council approves the application and recommends to the Nebraska Liquor Control Commission that a Retail Class C liquor license be issued to Burlington Bar LLC doing business as “Burlington Bar” at the premises described in the application..
6. The City Clerk shall transmit a copy of this Resolution to the Commission.
7. Cost of publication: $12.59.
Passed and approved this 17th day of December, 2007.
____________________________________
Mayor
ATTEST:
_______________________________
City Clerk “seal”
City Manager Kuckkahn presented bids for one new, or demonstrator three-wheel sweeper for the Transportation Department. Two major businesses submitted the following bids: Rose Equipment, new with trade-in $124,000.00; EDM Equipment, new with trade-in $116,785.00 and EDM Equipment, demo with trade-in $113,500.00. The bids were within the budget and staff is recommending the demonstrator with trade-in as the best bid. Moved by Council Member Boeckner, seconded by Council Member Erdman to award the bid for a demonstrator three-wheel sweeper for the Transportation Department to EDM Equipment for $113,500.00 with the trade-in of $25,000.00, “YEAS”, Boeckner, Libsack, Meininger, Redfern, Erdman. “NAYS” None. Absent: None.
City Manager Kuckkahn presented two bids from Nebraska Machinery for a new and a used industrial tractor with loader and backhoe for the Water Department. The bid for the used unit was $85,000.00 and the new unit $108,00.00. The Water Department reviewed the bids and requested a change to the backhoe bucket, which reduced the cost of the new tractor to $105,700.00. With the extended warranty of the new unit and a bid price within the budget, staff recommended purchase of the new tractor. The existing tractor will be transferred to the sewer utility for continued use. Moved by Council Member Libsack, seconded by Council Member Erdman to approve the bid from Nebraska Machinery in the amount of $105,700.00 for the purchase of a new industrial tractor with loader and backhoe for the Water Department, “YEAS”, Boeckner, Libsack, Meininger, Redfern, Erdman. “NAYS” None. Absent: None.
City Manager Kuckkahn presented a renewal lease agreement with Scotts Bluff County allowing the operation and maintenance of radio equipment on the City’s water tower. Moved by Council Member Erdman, seconded by Council Member Boeckner to extend the lease agreement for another five year period with Scotts Bluff County for operation of radio equipment on the City’s hydropillar located on 5303 Avenue I, “YEAS”, Boeckner, Libsack, Meininger, Redfern, Erdman. “NAYS” None. Absent: None.
City Manager Rick Kuckkahn presented a draft contract for providing water to the City of Minatare. He explained that this is not a final action, but rather an endorsement to continue with the contract negotiations. The proposal is advantageous for both communities. The City of Minatare will be required to extend a 10” pipe to our existing 12” main, which will be metered. In the event one of those lines fails, we simply switch a valve, make the adjustment, and they are set again. The connection would be at Highway 26 and the South Beltline Highway, which is within the city limits. We can suspend water delivery to Minatare when reasonably necessary because of damage to the Scottsbluff water system. This is to cover ourselves in the event that we can’t deliver the water to Minatare. In the unlikely event of a shortage of water, both communities would suffer proportionately depending on population.
Staff proposes charging the same amount to Minatare as the City of Scottsbluff customers pay within the city limits. The reason for this is because the pipe is actually within the city limits, and our responsibility ends at the city limits. Some of these responsibilities include overhead issues, billing customers, maintaining connection, and maintenance expenses will be the City of Minatare’s. The Water Department operates as a separate business and supports itself based on the rate we charge customers. The rate we charge within the city limits would be appropriate to charge the City of Minatare because there is a premium added to the City of Minatare’s bill with significant overhead charges. These rates would be based on the same gallon usage as customers within the Scottsbluff city limits, $l.458 up to 10,000 gallons; $1.188 10,000 – 20,000 gallons; $1.882 20,000 – 60,000 gallons; $1.168 60,000 – 100,000 gallons; and $1.157 over 100,000 gallons. Minatare would run at 100,000 gallons pretty quickly, so the $1.16 basic rate is the amount we are recommending for wholesale water.
The bottom line is that this proposal is a win, win for both communities, the City of Minatare will be getting good water at an affordable price and the City of Scottsbluff will profit from selling the water. The City of Scottsbluff will not expend any resources in constructing or maintaining the pipe for Minatare. Council Member Boeckner commented that this is great opportunity to demonstrate regionalism in sharing our water, and this cooperation will be a model for the rest of the state. Mayor Meininger asked if this does become a regional system, would it require additional language in the agreement. The contract would need to include additional details regarding regional usage. City Attorney Olsen commented on the wording of the existing ordinance and suggested a change may need to take place to include other entity users and to differentiate between cities and villages. The Council was supportive of continuing contract negotiations.
City Manager Kuckkahn reviewed the request from Scotts Bluff County to extend emergency management services on an interim basis to the County and their contract communities. Jerry Bretthauer is the emergency management coordinator for the City of Scottsbluff. The City would extend Mr. Bretthauer’s services to the county on an interim basis, with no fee for his service at the present time. This arrangement will be reviewed month to month to evaluate the efficiency. If this plan works, it may evolve into a position to serve all jurisdictions. There is no specific time-line to fill this position within the County. Mr. Bretthauer’s interim assistance will enable him to learn more about the County’s operation to see if this type of arrangement is feasible. Moved by Council Member Boeckner, seconded by Council Member Libsack to approve providing emergency management services to Scotts Bluff County on an interim basis, “YEAS”, Boeckner, Libsack, Meininger, Redfern, Erdman. “NAYS” None. Absent: None.
City Manager Kuckkahn presented an agreement and resolution to replace the signal mast arms and controller at Highway 26 and Avenue B intersection. This is a 50/50 fund sharing with the State of Nebraska Department of Roads. This will include a left turn arrow on Avenue B. The City asked for a left turn arrow on Highway 26, however the State did not agree with that change. Council Member Boeckner wanted to make sure that we do not lose the flashing yellow and red lights at night. Public Works Director Bohl commented that we did lose that feature on Ave. I and will communicate the desire to keep that option on Ave B with the State. Council Member Erdman moved to approve the agreement and resolution to replace the signal mast arms and controller at the Highway 26 and Avenue B intersection and authorize the Mayor to execute the agreement, “YEAS”, Boeckner, Libsack, Meininger, Redfern, Erdman. “NAYS” None. Absent: None.
RESOLUTION NO. 07-12-4
WHEREAS, Highway US-26 and Avenue B enters and traverses the City partially on the street named Avenue B, and
WHEREAS, the State is provided with total jurisdiction in matters involving the installation and operation of traffic control devices on State Highway extensions through such corporate areas as provided by Neb.Rev.Stat 60-6, 120, (Reissue 1993) and
WHEREAS, it is the desire of the City to rebuild the traffic signal at the intersection of Jct. US-26 and Avenue B within said City for the purpose of accommodating an orderly flow of traffic, and
WHEREAS, Federal Regulations provide that the City shall not profit or otherwise gain from local property assessments that exceed the City’s share of project costs, and,
WHEREAS, it is the desire of the City that said project be constructed under the designation of Project No. ELEC-26-1(1059), as evidenced by the Resolution of the City Council
WHEREAS, the City and State are willing to participate in the actual costs of such installation in accordance with the conditions hereafter provided in said agreement.
NOW, THERFORE, in consideration of these facts and the mutual promises of the
parties hereto, it is hereby agreed that the replacement of the aforesaid Traffic Signal
at Avenue B and US-26, denoting Project No. ELEC-26-1(1059), shall be
accomplished according to and in the manner provided by plans and specifications
prepared by the State, which are to be, by this reference, made a part of this agreement.
Conditions as contained in the Agreement with the Nebraska Department of Roads
are hereby approved and that the Mayor is hereby Authorized to execute said Agreement.
PASSED AND APPROVED THIS 17th day of December, 2007
____________________________
Mayor
ATTEST:
___________________________________
City Clerk “Seal”
Mayor Meininger introduced the ordinance dealing with an annexation, which was read on second reading, AN ORDINANCE ANNEXING REAL PROPERTY SITUATED IN THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 55 WEST OF THE 6TH P.M., SCOTTS BLUFF COUNTY NEBRASKA.
City Manager Kuckkahn presented an ordinance dealing with a change in fees for proposed budgeted increase in fees charged for water, wastewater and sanitation services. The water rates are increased by 5% and sanitation rates by 2.5%, which will help cover increased costs due to inflation. Wastewater rates will increase by 10% to cover inflation and mandates, which includes doubling our capacity in less than 10 years. These increases will prepare us for the future. The estimated overall increase per month will be $2.39, which is very reasonable in comparison to other community’s utility costs. Mayor Meininger asked about amending the ordinance to reflect the regional supply of water to other communities. Council Member Boeckner suggested adopting the ordinance, with amendments at a later time when the regional water usage details are determined. Council Member Boeckner introduced Ordinance No. 3957, which was read by title: AN ORDINANCE DEALING WITH FEES, CHANGING THE FEES FOR SEWER SERVICE, WATER SERVICE AND SOLID WASTE COLLECTION, CHANGING THE MINIMUM CHARGE FOR SEWER SERVICE, CHANGING THE SURCHARGE FOR WASTEWATER, AND REPEALING PREVIOUS SECTIONS.
Moved by Council Member Boeckner, seconded by Council Member Erdman, “That the statutory rule requiring the ordinance to be read by title on three different days be suspended.” “YEAS”, Boeckner, Libsack, Meininger, Redfern, Erdman. “NAYS” None. Absent: None.
Moved by Council Member Boeckner, seconded by Council Member Erdman, “That the ordinance be adopted.” “YEAS”, Boeckner, Libsack, Meininger, Redfern, Erdman. “NAYS” None. Absent: None. The motion carried having been approved by three-fourths of the Council Members.
Under Council reports, Mr. Kuckkahn expressed his appreciation of the Transportation and Park and Recreation Departments for their excellent work in clearing the snow and ice from the streets and walkways following our recent snow storm and wanted to pass the information on to the City Council regarding the efficiency of these departments.
Mayor Meininger welcomed the Boy Scout troop in attendance and encouraged their participation in city government.
Scottsbluff Youth Council representative alternate, David Stein reported that he had been meeting with the Student Senate. Their number one project is a frisbee course at Riverside Park and have been talking with the Park and Recreation department about this possibility.
Moved by Council Member Boeckner, seconded by Council Member Erdman to adjourn to Executive Session at 6:35 p.m. for the purpose of discussing the status of the litigation with Performark and include the City Council, City Manager, City Attorney, Rick Ediger and City Clerk in the Executive Session, “YEAS”, Boeckner, Libsack, Meininger, Redfern, Erdman. “NAYS” None. Absent: None.
Moved by Council Member Boeckner, seconded by Council Member Erdman to resume the regular meeting at 6:55 p.m. The following Council Members were present: David Boeckner, Fiona Libsack, Randy Meininger, Linda Redfern, Craig Erdman, Absent: None.
Rick Ediger, LB 840 Legal Counsel, approached the Council and explained that the City of Scottsbluff has litigation pending with Performark, Inc. as they have not earned $233,000 of the LB 840 credits. There is an opportunity to settle now that Performark and Scotts Bluff County have reached an agreement with the CDBG grant to pay back $250,000 of the grant over approximately four years. The effect of this will free up the equipment at the location and release the first lien on the property. Performark can then sign the equipment over to the City in settlement of the amount they owe. The options are to continue litigation for repayment or to have the equipment in place at the location, and allow someone to take over as a turn key operation at that facility. Mr. Ediger stated that the City Attorney’s office would like direction on which way to proceed with this settlement. Moved by Council Member Boeckner, seconded by Council Member Erdman to proceed with the settlement to keep the equipment in place for a future development opportunity, “YEAS”, Boeckner, Libsack, Meininger, Redfern, Erdman. “NAYS” None. Absent: None.
Mayor Meininger then asked for a motion for adjournment. Council Member Erdman moved to adjourn at 7:00 p.m., seconded by Council Member Boeckner, “YEAS”, Boeckner, Libsack, Meininger, Redfern, Erdman. “NAYS” None. Absent: None.
________________________________
Mayor
ATTEST:
___________________________
City Clerk
“seal”