THE OFFICIAL PROCEEDINGS OF THE REGULAR GERING CITY COUNCIL MEETING,
August 8, 2011
A regular meeting of the Gering City Council of Gering, Nebraska was held in open
session at 7:00 p.m. on August 8, 2011. Present were Mayor Mayo and Council members
Smith, Christensen, Gibbs, McFarland, Hillman-Kortum, Shields, Morrison and
Escamilla. Also present were City Clerk Schnase-Berge, City Treasurer John Mejia, City
Human Resource Director Carrie Havranek, Director of Public Works Pat Heath, Director
of Environmental Services Rick Hurt. 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 Council members.
All proceedings hereafter were taken while the meeting was open to the attendance of
the public except as otherwise indicated.
CALL TO ORDER
Meeting called to order at 7:00 p.m. and the Pledge of Allegiance was recited. Roll was
called and all Council members were present.
OPEN MEETINGS ACT
Mayor Mayo indicated Nebraska Revised Statutes, Chapter 84, Article 14, requires at
least one copy of the Open Meetings Act posted in the meeting room and he indicated
where the Open Meetings Act is posted.
CORRESPONDENCE AND CITIZENS WITH BUSINESS NOT SCHEDULED ON THE
AGENDA
They Mayor inquired if there was any business not scheduled on the agenda. Seeing
none, the Mayor announced that as of August 4, 2011, the City of Gering „gave birth‟ to a
new grocery store. He indicated that the grocery store papers had gone through its final
paperwork. He indicated that the name of the owner would still be withheld, but that
within the next two to three weeks they should start remodeling. He said that they were
still anticipating a pre-Thanksgiving opening date. They are looking to have a
„spectacular‟ grand opening celebration. The Mayor indicated that if anyone had any
questions or wanted further information, they should contact Josh Berger at the
Woodbury group. At this time, KNEB reporter Kevin Mooney stood to be addressed by
the Mayor. The Mayor recognized Mr. Mooney. He said that with all due respect, the
secrecy about who the grocer was, a man who has had his financing and his lease
agreement signed, should now be made public. Mr. Mooney said that this individual is
building a grocery store in Gering, why is it so secretive? His question without looking
at and researching the open meeting laws, is that at this point why should the grocer‟s
name not be released? The Mayor indicated they he recognized that the community was
eager to meet and know who the new grocer was, but that that the grocer‟s name was
being held because he was fearful about losing his current job. Councilmember
Christensen indicated that he agreed that the grocer‟s name should be released. The
Mayor said that he did not know who the grocer‟s current employer is, and perhaps he
was fearful of retribution, but he did still need to eat. Mr. Mooney indicated that the
Citizens of Gering, who had been waiting for so long, have had things relating to this
grocery store dragged out longer than they should have, and they have a right to know
who will be running the grocery store. He again referenced open meetings laws and the
signing of contracts and urged the grocer to come out. He found it hard to believe that
the grocer had not yet told his employer of his future plans, with all of the financial
papers that had been signed. He said it just seemed to him that the Citizens of Gering
were owed the name of the grocer within this near time of it being opened. He said that
the Citizens were anxious to know and hoped that the grocer would come forward.
CONSENT AGENDA
1. Approve minutes of July 25, 2011 regular city council meeting;
2. Approve Claims as follows:
City Payroll (7/29/2011) 126,433.67; City of Gering-General Account, 65,000.00; City Payroll Trust,
5,781.14; City Insurance Fund, 82,493.74 Health Premium; First State Bank, 361.23 Union Dues;
Internal Revenue Svc., 40,088.25 Federal/FICA Tax; Internal Revenue Svc, 215.00 Garnishment 2;
Meat Shoppe, 14,516.20 Catering/Contract/Sup; NE Child Support Payment Center, 563.82 Child
Support; NE Dept. of Revenue, 9,258.51 Apr-Jun 2011 Lottery Taxes; NE Dept. of Revenue,
17,423.11 State Taxes; NE Dept. of Revenue, 48,665.59 6/30/11 Sales & Used Sales Tax; Sugar
Valley Federal Credit Union, 1,443.08 Payroll Withholding; Western Heritage Credit Union, 320.00
Police Union Dues; Accelerated Receivables, 140.71; Ahler‟s Baking Inc., 52.95 Exp; Allo
Communications, 689.00 Svc; Alsco-Laramie, 227.00 Sup; Altec Industries, 413.25 Sup; Amazon,
270.46 Sup; Benzel Pest Control, 53.00 Svc; Bluffs Sanitary Supply, 1,657.30 Sup; Bomgaars,
46.00 Sup; Broadway Office Supply, 639.56 Sup; Brunner‟s Upholstery, 72.50 Sup; Budget Tire &
Svc, 49.00 Maint/Repairs; Steve Buttress, 318.57 Reimbursement; Card Svc, 7,593.15 Exp; Casey‟s
General Store, 120.02 Fuel; Central Fiber LLC, 1,120.00 Sup; Charter Communications, 360.74 Svc;
Connecting Point, 90.95 Contract; Contractors Materials, 2,174.23 Sup; Credit Management Svc,
465.61 Garnishment; Crescent Electric Supply, 426.95 Sup; Culligan Water Conditioning, 44.45
Sup; Curves, 36.38 Employee Wellness; Dale‟s Tire & Retreading, 66.00 Maint/Repairs; Darrell
Vance, 329.50 Reimbursement; Dex One Corp., 53.50 Advertising; Docu-Shred, 11.00 Svc; MSC,
27.59 Exp; Dooley Oil, 1,103.20 Fuel; Dutton-Lainson Co., 1,848.14 Sup; Eagle Graphics, 5.50 Sup;
Ecolab Pest Elimination, 260.00 Svc; Panhandle Environmental Svc, 784.00 Lab Analysis; ESRI,
400.00 Maint. Renewal; Fastenal, 165.68 Sup; Fedex, 212.30 Postage; Nick Flowers, 496.61 Svc;
Floyd‟s Truck Cntr, 1,317.32 Maint/Repairs; Footjoy, 150.93 Sup; Fort Dearborn Life Ins. Co.,
113.52 Employee Ins; Roger Franklin, 150.00 Tree Removal Rebate; Gale, 202.46 Books; Gall‟s
Inc., 117.25 Sup; Gamepro, 29.97 Subscription; Gering Citizen, 150.01 Publications; Gering Valley
P&H, 2,800.00 Maint/Repairs; Great Plains Game & Fish, 16.97 Subscription; Greenline Equipment,
833.88 Sup; Hack Co., 24.95 Sup; Heilbrun, 421.08 Sup; Hensley Battery & Elec. Supply, 25.86 Sup;
Hodges & Irvine, 324.00 Sup; Hoke Welding, 255.00 Maint/Repairs; Holiday Inn, 2,338.18 Travel
Exp; Shirley Holman, 20.00 Exp; Home Depot, 234.74 Sup; Rick Hurt, 298.00 Travel Exp; ICMA
Electronic Retirement, 848.22 Retirement Fund; Ideal Linen Supply, 261.72 Sup; Independent P&H,
94.59 Sup; Ingram Library Svc, 840.90 Sup; IntraLinks Technical Solutions, 585.47 Svc; Jirdon
Agri Chemicals, 340.36 Sup; John Hancock, 11,726.52 Retirement; Johnson Cashway, 665.43 Sup;
Karen Sue Bruntz, 425.00 Svc; Kawasaki Korner, 248.37 Sup; KBKS Invest, 20.00 Fuel; Kids
Discover, 19.95 Subsciption; Kovarick, Ellison, Mathis, 11,085.11 Svc; Kriz-Davis Co., 3,024.33
Sup; Lane Danielzuk, 112.00 Seminar; League Utilities, 80.00 Workshop; Lextron Animal Health,
267.00 Sup; Loaf & Jug, 18.81 Fuel; Gary Loose, 45.00 Svc; Macias Electrical Svc, 1,600.00 Svc;
Marietta Construction, 400.00 Svc; Mark Shields, 50.00 Svc; Masek Golf Car Co., 867.58 Sup;
Matheson Tri-Gas, 161.94 Sup; McLaughlin Water Engineers, 1,768.50 Svc; Menards, 3.97 Sup; MG
Trust Co., 4,785.70 MGT-Fire; Midtown Animal Hospital, 99.00 Exp; Mitchell Refrigeriation, 2,810.00
Maint/Repairs; Mobius Commuications, 25.00 Exp; Municipal Energy, 263,525.94 Purchased
Power-WAPA; Municipal Supply, 3,288.99 Maint/Repairs; Murdoch‟s, 299.99 Sup; NPPD, 6,214.57
Elec Svc; NE Viet Nam Veterans Reunion, 2,725.00 Keno Funds; NE Health Environmental, 366.00
Lab Svc; NE Library Commission, 10.00 Registration Fee; NE Power Review Board, 641.47 Svc;
Nebraska Transport, 698.39 Svc; Newman Signs, 2,056.94 Sup; Nike USA, 70.68 Sup; NLA/NEMA
Conference, 449.00 Registration; Northwest Pipe Fittings, 97.60 Sup; NSAE, 100.00 Dues; OCLC,
65.20 Subscription; Office World, 94.25 Sup; Omaha World Herald, 409.76 Subscription; Oregon
Trail Days Art Show, 409.00 Exp; Panhandle Coop, 1,003.27 Wellness/Fuel; Panhandle P&H, 109.85
Maint/Repairs; Paraben Corp., 94.90 Sup; Sysco Denver, 6,280.00 Sup; The Penworthy Co., 41.88
Sup; Pitney Bowes Global Financial, 690.00 Lease; Pizza Hut, 166.92 Meeting; Powerplan OIB,
1,004.28 Maint/Repairs; Pro Overhead Door, 128.50 Maint/Repairs; Pump & Pantry, 35.00 Fuel;
Purchase Power, 672.73 Postage; R&R Products, 134.64 Sup; Randy Raines, 1,000.00 Svc; River‟s
End Trading Co., 676.57 Sup; Ron Doggett, 112.00 Seminar; Scb Co Vehicle Registration, 16.00
Plates; Scb Co Court, 201.00 Exp; Scb Co Treasurer, 3,768.71 Exp; Scottsbluff Winnelson, 18.69
Sup; Security National Bank Trust, 470.00 Svc; Simon Contractors, 1,742.50 Sup; Slafter Oil Co.,
155.18 Sup; Source Gas, 2,753.47 Maint/Repairs; Staples Credit Plan, 199.99 Sup; State of NE/DAS
Communication, 163.75 Svc; State of NE, 212.06 Garnishment; Sunset, 41.00 Subscription; The
Patterson Co., 402.86 Sup; This Old House Magazine, 15.96 Subscription; Titleist, 92.08 Sup;
Tommy‟s Johnny‟s Inc., 500.00 Exp; U-Stop, 48.01 Fuel; U.S. Bankcorp, 142.25 Lease; VanDiest
Supply, 4,628.00 Sup; Walmart, 747.49 Sup; Warehouse Fitness Cntr, 28.00 Employee Wellness;
Wells Fargo Financial, 170.00 Lease; Westco, 12,482.14 Fuel; Winchell Cleaning Svc, 1,040.00 Svc;
YMCA of Scb, 443.08 Employee Wellness
3. Approve Mayor‟s Appointment of Don Kugler to the Keno Committee
4. Keno Lottery Agreement
5. Approve Safe Routes to School
6. Approve Keno Committee
Request of Gardner Park Restroom Project
7. Continued Free Punch Pass Card on Utility Bills
Councilmember Escamilla moved to remove item # 5 from the consent agenda, Approve
Safe Routes to school and Councilmember Gibbs seconded the motion. The vote was
called:
“AYES”: Smith, Christensen, Gibbs, McFarland, Hillman-Kortum, Shields, Morrison and
Escamilla. “NAYS”: None.
Councilmember Escamilla indicated that he had not been present at the last Public
Works Committee meeting and just was hoping to get some further clarification on the
Approve Routes to Schools Agenda item. Councilmember Gibbs, who had presided over
the meeting, apologized for not getting the minutes out, and asked Pat Heath, who was
present at the meeting to explain the project. Mr. Heath said that this project was part of
the Federal Highway Program and one that the City has been working on since 2009 and
dealt with Surface Transportation Funds. The project would not be up until 2014 with
recent Changes that had been made at higher levels in government. The Staff
recommendation to the Public Works Committee was to have the City do the work itself.
Mr. Heath said that there had been frustrations with all of the red tape that had been
encountered by the state, including the recent announcement that an $8-$10 thousand
dollar Environmental Study would also have to be completed. They would put in several
ADA accessible ramps to put in on Nelson and up to Country Club road. The Cost for the
City to do the project themselves would be $33,000.00. With all of the red tape involved
in the federal funding of the project, the project would cost $80,000.00, and the City‟s part
would be between $24,000.00-$26,000.00, and the project wouldn‟t be able to go until the
2015 construction year. Staff and Public Works recommendation to Council was to
approve the City‟s taking care of it.
Councilmember Escamilla made a motion to approve the Safe Routes to school, which
was seconded by Councilmember Gibbs. The vote was then called:
“AYES”: Smith, Christensen, Gibbs, McFarland, Hillman-Kortum, Shields, Morrison and
Escamilla. “NAYS”: None.
Councilmember McFarland then made a motion to approve the remainder of the Consent
Agenda. It was seconded by Councilmember Morrison and the vote was called:
“AYES”: Smith, Christensen, Gibbs, McFarland, Hillman-Kortum, Shields, Morrison and
Escamilla. “NAYS”: None.
PUBLIC HEARINGS:
1. Approve Special Designated Liquor License for American Legion at Five Rocks
Amphitheater on August 28, 2011 from 10:00 a.m. to 7:00 p.m.
Tracy Allred, the Manager of the American Legion Post 36, located at 1425 9th Street in
Gering, NE presented on behalf of her request. Ms. Allred indicated that this was the
Legion‟s Annual Picnic and get together. They grill burgers, play horseshoes and
requested the permit so that they can have beer at the picnic. Councilmember Gibbs
made the motion to approve the Special Designated Liquor License for the American
Legion and Councilmember McFarland seconded the motion. The vote was called:
“AYES”: Smith, Christensen, Gibbs, McFarland, Hillman-Kortum, Shields, Morrison and
Escamilla. “NAYS”: None.
2. Approve Special Designated Liquor License for Panhandle COOP Association at
North Platte Valley Museum on September 8, 2011 from 4:00 p.m. to 8:00 p.m.
Susan Wiedeman, Marketing Director for the Panhandle COOP Association was
present. This was a business afterhours for the association. She apologized for the
later notice, she didn‟t receive it until Wednesday, and was concerned about the
timing. Ms. Wiedeman indicated that they had done this a few years ago, and they
would serve just beer and wine.
Councilmember McFarland moved to approve the Special Designated Liquor License
for Panhandle COOP and the motion was seconded by Councilmember Christensen.
The vote was called:
“AYES”: Smith, Christensen, Gibbs, McFarland, Hillman-Kortum, Shields, Morrison and
Escamilla. “NAYS”: None.
BIDS:
None
CURRENT BUSINESS:
1. Citizen Agenda Item –Alvin Herbel-Presentation of Petitions.
Mr. Alvin Herbel came forward in response to an article that he had seen in the
Gering Citizen dated June 16th, 2011 regarding the City of Gering‟s decision to
conduct a feasibility study on the Gering Landfill. Mr. Herbel spoke to the quality
of life of citizens whose property was located near the landfill. He also spoke to
the location of the landfill as a blemish on the Scottsbluff National Monument
viewshed. With the Feasibility Study, Mr. Herbel expressed concern that it was
unclear if there would be an opportunity to allow public comment. He had come
to council to present a petition of residents that he had collected who did not want
to expand the life of the current landfill. He asked council to cease all operations
with Cell #6 and to deny any future life of the current landfill. He presented the
Petition to Council.
Councilmember Gibbs asked Mr. Herbel if he had considered the financial impact
to the City and to the residents of Gering if the City were to close the landfill as
quickly as Mr. Herbel had requested. Mr. Herbel indicated that the City of Gering
had promised to take care of this for decades. Mr. Herbel indicated that there
were ways to make the landfill more sustainable and that the time for
sustainability was now. Mr. Herbel said not to wait for funding because the City
was not planning for the future. Councilmember Gibbs refuted that statement,
saying that it was totally incorrect. He indicated that the city was setting aside
money for future landfill development, but we don‟t have enough money to do that
yet. Mr. Herbel said that the landfill was ethically and morally wrong. He asked
why the City insisted on taking advantage of a few citizens, all of us deserve a
quality of life. Mayor Mayo redefined the question and asked Mr. Herbel if, when
he circulated the petition, did he ask the citizens about the potential cost of an
early closure of the landfill. Mr. Herbel asked that the landfill be closed as soon as
possible, and that other options that were more sustainable be considered.
Councilmember Gibbs indicated that options were be looked out. He addressed
the recent visit by the Guernsey A.R.E.A. group, and explained that so far, they
were not a realistic option due to transportation and tipping fees.
Councilmember Escamilla explained the scope of the feasibility study, and that
the feasibility study was not an edict to expand. He said that there was a need to
find out how much it was going to cost. He said that the City Council wants to
have the best information to make the best decision. That is what the feasibility
study is for. He indicated that Mr. Herbel and the other citizens who had
expressed their opinions had made themselves clear, and their comments would
be strongly considered in any future decisions that were made. Mr. Herbel said it
was wrong to make any decision based on finances. Rick Hurt spoke at this time.
He indicated that there had been a lot of misinformation out there. Mr. Hurt
explained that they thought they were going to run short of cover materials to
cover 5 & 6. He indicated that the Public Works committee had instructed them to
that the goal was that once we were done with 6, the landfill would be done.
However, if he runs short of dirt, would they prefer to have a big open hole there,
or would they prefer to have it closed off. Mr. Hurt also talked about the
importance of the feasibility study to see if that was the best route. Mr. Hurt
explained that the feasibility study was in the interest of the long run, the better
longer goal. Mr. Hurt indicated that he has watered up there in order to help keep
dirt and dust down, and he said that they hadn‟t had trash blowing up there for a
long time. He offered his contact information to Mr. Herbel and suggested that he
contact him any time he liked with concerns. Mr. Hurt said that the petitions that
were sent out were full of mis-information, including photos and pictures that
were from past violations, and that had not occurred for a long time.
Councilmember Hillman-Kortum made a comment that several of the Council had
been invited into his home, including Councilmember Smith. She said that the
only concern that had not been met as a result of that meeting was the closure.
Ms. Hillman-Kortum said that the petition should not be considered valid, because
of the misinformation. Mr. Herbel asked for an opportunity to offer a rebuttal. He
said that the pictures that were included with the petition were of past violations,
he indicated that the problems had existed, and would have perpetuated if you
had not addressed it. There is still blowing and odor, do not extend the life of the
landfill, it affects everyone, not just the property owners. Mr. Herbel said that Rick
has been doing a better job, but still maintained his desire to have the landfill
closed. Councilmember Shields asked Mr. Herbel if the landfill was there before
everyone built their houses. Councilmember Gibbs indicated that he did not know
what exact year it was built, but it had been there a long time, prior to
development out there. Mr. Herbel indicated that the landfill was not a problem in
the early years, but that the City had profited by selling the land around the landfill
and that the Citizen who had purchased land out there had done so believing that
the City Landfill would be closed.
Councilmember Gibbs indicated that if the City had to build a landfill today, it
would not be built out at its current location. He said he understood that Mr.
Herbel was concerned, as he had bought his house out there, no body forced him
to build out there, and if a realtor had made promises about closing the landfill, he
had been flat out lied to, and he should be suing the real estate agent. Mr. Herbel
brought up the monument and how it belonged to all citizens. Mr. Hurt indicated
that the City had been working with Mr. Maybery from the monument in making
sure that we are being good neighbors to the monument. He said that the City is
doing above and beyond what we are required by the State to do, and announced
that there will be a public comment period available down the road.
Councilmember McFarland indicated that the discussion was premature, and that
Council should wait until they had an actual agenda item to consider.
Mayor Mayo asked if there were any further comments, and seeing none, he
accepted the petitions into the permanent record.
2. Consideration of Engineering Agreement
Pat Heath presented the issue to Council. Mr. Heath indicated that that the City of
Gering wanted to go into contract with MC Schaff & Associates for the purpose of
relining the sewer by the old Sunmart building. He indicated that the sewer lines
had been in there since the 1940‟s, and the current lines runs directly under the
store. Mr. Heath said that it had long been a concern of his. He would like to
replace the sewer line so that it goes around the building. He asked for Council to
approve an engineering agreement not to exceed $11,000.00 to replace the sewer
at the old sunmart to prepare for the new grocery store. Councilmember Hillman-
Kortum made the motion to enter into an engineering agreement with MC Schaff &
Associates for the purpose of either relining or taking the sewer line out an
around the building of the old Sunmart building. The motion was seconded by
Councilmember Shields. The vote was called:
“AYES”: Smith, Christensen, Gibbs, McFarland, Hillman-Kortum, Shields,
Morrison and Escamilla. “NAYS”: None.
REPORTS OF STAFF, BOARDS AND COMMISSIONS AND STANDING COMMITTEES:
None
CITY ADMINISTRATOR‟S REPORT
Not-Present
With nothing further on the agenda, the Mayor asked if there was a motion to adjourn.
Councilmember Morrison made the motion, which was seconded by Councilmember
Escamilla. The vote was called.
“AYES”: Smith, Christensen, Gibbs, McFarland, Hillman-Kortum, Shields, Morrison and
Escamilla. “NAYS”: None. “EXCUSED”: none
Council was adjourned at 7:48 p.m.
Edwin L. Mayo, Mayor
ATTEST:
Kerri Schnase-Berge, City Clerk
The minutes are on file in the office of the City Clerk and are available for public
inspection during regular business hours.
Publish – , 2011