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Kearney, Nebraska

November 8, 2005

7:00 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on November 8, 2005, in the Council Chambers at City Hall.  Present were: Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent: None.  Michael W. Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Management Assistant; 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: Byron Hanson, Mitch Humphrey, Ron Ridgway, Sam Beall, Doug Daize, Brian Hamilton, Mike Konz from Kearney Hub, Steve Altmaier from KGFW Radio.

 

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

 

Reverend John Gosswein from Family of Christ Lutheran Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts from Troop # 158, Eric Warren and Dan Hansen, led  the Council members and audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

RUBY TUESDAY LIQUOR LICENSE/MANAGER APPLICATION

 

Mayor Hadley opened the public hearing on the application for a Class “I” (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License submitted by RT OMAHA FRANCHISE, LLC, dba “Ruby Tuesday” located at 108 1st Avenue Place, and the application for Corporate Manager of Brian Hamilton, and to consider approval of Resolution No. 2005-186.

 

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 Liquor Commission that:

1.       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;

2.       the applicant can conform to all provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act;

3.       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

4.       the issuance of the license is or will be required by the present or future public convenience and necessity.

 

This is an application for a new licensed establishment and new management.  The business is newly constructed and this would be an additional license for the community.  A background investigation was conducted on the business itself as well as the staff. Ruby Tuesday’s is opening a new restaurant at 108 1st Avenue Place and is requesting a license to sell liquor on the premises only with the food.  Ruby Tuesday, Inc. owns and operates over 450 full service restaurants throughout the United States, all of which hold liquor licenses. RT Omaha Franchise, a wholly-owned subsidiary of Ruby Tuesday, Inc. owns and operates six other establishments in Nebraska, all holding liquor licenses. They demonstrated a strong knowledge of the rules and requirements for alcohol sales and demonstrated a willingness to work with the department to avoid rules violations and sales to minors.  The new license is for a business currently under construction and due to be completed within a couple of months.

 

The City Council is concerned with the selling of alcohol to minors in our community, and wants to encourage all license holders to provide the necessary training to all employees that sell or dispense alcohol. Therefore, City staff has developed a form entitled “Liquor License Training Compliance” requiring applicants to document and verify training compliance of their employees. Brian Hamilton, the proposed manager, has returned the attached form showing their employees have or will complete training though the Liquor Commission.  The company also submitted a copy of their policy for the selling of alcohol.  Each employee is required to take a test and sign a “Responsible Serving Statement Policy” upon employment.

 

Doug Daize, President and CEO of Ruby Tuesday’s franchise and Brian Hamilton, General Manager presented this matter to the Council.  Mr. Daize stated they outlined some of the training in their application that they have for their staff.   He is aware of the concerns of serving to minors in the community after some of the recent unfortunate events that have taken place in Kearney.  He realizes that it is a privilege to have a liquor license and they take it very seriously.  They also have internal policing to make sure that all rules are being followed and disciplinary action is taken if there is an issue. 

 

They also are involved with the State Patrol.  They cannot open a new restaurant, especially one with a lot of new employees without their training on identifying false IDs.  They try to take advantage of that training and be proactive in that situation. The Nebraska Liquor Commission has an excellent training website that is compiled by the University of Nebraska to which all the restaurants have an internal link so team members can train on this website.  They started using this website about 3-4 years ago.  They set up guidelines and rules according to state regulations.

 

Council member Clouse asked since there are other Ruby Tuesday franchises throughout the state, what is the overall record regarding stings and violations?   Mr. Daize responded that he could honestly state that they have been very fortunate as far as stings go.  Recently in Grand Island, they passed a sting and also in Bellevue.  About four years ago, they had a sting in one of their restaurants in Omaha where a minor was served and it was followed by disciplinary action immediately and also paid the fine involved.  They are a restaurant serving alcohol, not a bar serving food.  They like to think that the beer, wine and alcoholic beverages are there to enhance the dining experience for the guests, not their primary focus. 

 

General Manager Brian Hamiliton stated he has had 5-6 years experience in the food and beverage business. Both from the service and managing standpoint, and several training classes with Ruby Tuesday and previous companies.  Council member Buschkoetter asked for clarification that Mr. Hamilton would be running this store that it is not a regional operation.  Mr. Hamilton stated that he will be handling the day to day managing of the Kearney store. 

 

Council member Buschkoetter also asked for more of an explanation about their internal policing.  Mr. Daize stated that checking IDs is primary.  Mr. Hamilton’s responsibility after the training is in place is to do daily monitoring.  He said that personally he likes to ask the server what year the person they are serving was born, if they do not know that is a flag that they have not checked the ID of that person.  

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and recommend approval of the application for a Class “I” (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License submitted by RT OMAHA FRANCHISE, LLC, dba “Ruby Tuesday” located at 108 1st Avenue Place, approve the application for Corporate Manager of Brian Hamilton, and approve Resolution No. 2005-186. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-186

 

            WHEREAS, RT OMAHA FRANCHISE, LLC, dba “Ruby Tuesday” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘I’ (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License to do business at 108 1st Avenue Place, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, RT OMAHA FRANCHISE, LLC, dba “Ruby Tuesday” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Brian Hamilton; and

            WHEREAS, a hearing was held relating to said application on November 8, 2005.

            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 ‘I’ (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License to RT OMAHA FRANCHISE, LLC, dba “Ruby Tuesday” located at 108 1st Avenue Place, Kearney, Nebraska, and to approve the application for Corporate Manager of Brian Hamilton.

            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 8TH DAY OF NOVEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

REZONING – NORTH OF 50TH STREET AND WEST OF 22ND AVENUE

 

Public Hearings 2, 3 and 4 were discussed together but voted on separately.

 

Mayor Hadley opened the public hearing on the Application submitted by Ron Ridgway from Miller & Associates (Applicant) for Denton Enterprises, Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10959.77 square feet, more or less, Buffalo County, Nebraska (north of 50th Street and west of 22nd Avenue).

 

The applicant is requesting approval to zone and plat a tract of land that is approximately 10,959 square feet in area to create a one lot subdivision.  This vacant property abuts an existing residential lot - Lot 3, Block 3, North Park Addition.  The land to be zoned and subdivided abuts the west lot line of the existing lot.  This application was approved in August by the Planning Commission, but for a smaller tract of land.  Apparently, the future owner decided that the amount of land area should be increased so the application was withdrawn from the City Council agenda.  The applicant reapplied for the October Planning Commission agenda with a larger lot size.  The proposed one lot subdivision is approximately 80 feet wide by 130 feet deep while the original application was for a 65-foot wide lot.  The additional property increases the size of the proposed lot from 8,450 square feet to 10,400 square feet and the ultimate size of the proposed subdivision is 10,959 square feet since it includes a narrow strip of land that will be dedicated as 50th Street.  In essence, the applicant will own two abutting lots with a house on the east lot and open space on the west lot that could be developed in the future.

 

The parcel in question has never been zoned so is considered Agricultural by default.  The rezoning request is from Agricultural to R-1, Urban Residential Single-Family District.  The future Land Use Map of the City of Kearney Comprehensive Development Plan shows this area to be “Low Density Residential” which is the corresponding land use category for the requested zoning.

 

This land was never previously platted.  The Preliminary and Final Plat consist of the one 80 x 130 foot lot with an 8.49-foot wide strip of land extending to the south.  This 8.49 x 66 foot strip will be dedicated as right-of-way for 50th Street and extend the street 8.49 feet to the west so the end of the street lines up with the west lot line of the subdivision.  The Preliminary Plat was approved by Planning Commission on October 21, 2005. The subdivision will be known as Castle Ridge Second Addition.  There is an existing easement along the west line of Lot 3, Block 3, North Park Addition, which will now be the common line between the proposed and existing lots.  No structures can be built across this existing easement.  This property will be served by urban services and should therefore be annexed into the city limits.

 

Ron Ridgway from Miller & Associates was present to answer any questions.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and approve the Application submitted by Ron Ridgway from Miller & Associates (Applicant) for Denton Enterprises, Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10959.77 square feet, more or less, Buffalo County, Nebraska (north of 50th Street and west of 22nd Avenue). Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

FINAL PLAT – CASTLE RIDGE SECOND ADDITION

 

Mayor Hadley opened the public hearing on the Application submitted by Ron Ridgway from Miller & Associates (Applicant) for Denton Enterprises, Inc. (Owner) for final plat approval for “CASTLE RIDGE SECOND ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10959.77 square feet, more or less, Buffalo County, Nebraska (north of 50th Street and west of 22nd Avenue) and to consider approval of Resolution No. 2005-187.

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Ron Ridgway from Miller & Associates (Applicant) for Denton Enterprises, Inc. (Owner) for final plat approval for “CASTLE RIDGE SECOND ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10959.77 square feet, more or less, Buffalo County, Nebraska (north of 50th Street and west of 22nd Avenue) and approve Resolution No. 2005-187. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-187

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “CASTLE RIDGE SECOND”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

            PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

INCLUDE IN CITY LIMITS – CASTLE RIDGE SECOND ADDITION

 

Mayor Hadley opened the public hearing on the Application submitted by Ron Ridgway from Miller & Associates (Applicant) for Denton Enterprises, Inc. (Owner) for the inclusion into the City limits of “CASTLE RIDGE SECOND ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10959.77 square feet, more or less, Buffalo County, Nebraska (north of 50th Street and west of 22nd Avenue)and to consider approval of Resolution No. 2005-188.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the Application submitted by Ron Ridgway from Miller & Associates (Applicant) for Denton Enterprises, Inc. (Owner) for the inclusion into the City limits of “CASTLE RIDGE SECOND ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10959.77 square feet, more or less, Buffalo County, Nebraska (north of 50th Street and west of 22nd Avenue)and approve Resolution No. 2005-188. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-188

 

            WHEREAS, an Application has been submitted by Ron Ridgway from Miller & Associates (Applicant) for Denton Enterprises, Inc. (Owner) for the inclusion of “CASTLE RIDGE SECOND” an addition within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, and being more particularly described as follows:  Referring to the southwest corner of the Northeast Quarter of said Section 27 and assuming the west line of said Northeast Quarter as bearing N00º20’04”W and all bearings contained herein are relative thereto; thence N00º20’04”W and on said west line a distance of 537.75 feet to the south line of 50th Street (if extended westerly), a street in Kearney, Buffalo County, Nebraska; thence N89º05’10”E and on said south line of 50th Street (if extended westerly) a distance of 240.64 feet to the ACTUAL PLACE OF BEGINNING; thence N89º05’10”E continuing on the south line of said 50th Street (f extended westerly) a distance of 8.47 feet to the northwest corner of Lot 1, Block 4, North Park, an addition to the City of Kearney, Buffalo County, Nebraska, being part of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska; thence N00º54’50”W a distance of 66.0 feet to the north line of said 50th Street; thence N89º05’10”E and on the north line of 50th Street a distance of 71.51 feet to the southwest corner of Lot 3, Block 3 in said North Park; thence N00º54’50”W and on the west line of said Lot 3, Block 3 a distance of 130.0 feet to the northwest corner of said Lot 3, Block 3; thence S89º05’10”W and on the north line of said North Park (if extended westerly) and parallel with the north line of said 50th Street a distance of 80.0 feet; thence S00º54’50”E a distance of 196.0 feet to the place of beginning, containing 10959.77 square feet, more or less, all in Buffalo County, Nebraska; and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on October 21, 2005 on the inclusion of “CASTLE RIDGE SECOND” within the corporate limits and recommended the Kearney City Council approve said application; and

            WHEREAS, said application to include the land within the corporate limits was duly signed by the owners of the land affected with the express intent of platting the land as “CASTLE RIDGE SECOND” an addition to the City of Kearney, Buffalo County, Nebraska;

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on November 8, 2005 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the land to be platted as “CASTLE RIDGE SECOND” shall be included within the corporate limits of the City of Kearney, Buffalo County, Nebraska, that the inhabitants of such addition shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules and regulations of the City of Kearney.

            BE IT FURTHER RESOLVED that the inclusion of “CASTLE RIDGE SECOND” within the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County Register of Deeds.

            PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER, 2005.

 

ATTEST:                                                                                   GALEN D. HADLEY

                                                                                                PRESIDENT OF THE COUNCIL

                                                                                                AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

FINAL PLAT – STONERIDGE SEVENTH ADDITION

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. and Nebraska National Bank (Owner) for final plat approval for “STONERIDGE SEVENTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being Lot 1, Stoneridge Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska (west side of Avenue N and south of 60th Street) and to consider approval of Resolution No. 2005-189.

 

The applicant is requesting the next set of approvals to develop duplex condominiums on Lot 1, Stoneridge Second Addition, south of 60th Street and west of Avenue N.  Last month the Preliminary Plat and Development Plans were submitted and Planning Commission approved the Preliminary Plat and forwarded the Development Plans to City Council with a recommendation for approval based on conditions contained in the comments.  The City Council approved the Development Plans on October 11, 2005.  There are 34 living units proposed in 17 buildings on private streets.  The property is zoned R-2.  This project will require vacation of the existing subdivision (Stoneridge Second Addition) so that it can be replatted as Stoneridge Seventh Addition and also approval of the Final Plat.

 

The property known as Stoneridge Second Addition must be vacated so that it can be replatted as Stoneridge Seventh Addition. The proposed subdivision, Stoneridge Seventh Addition, is comprised of three lots, a road lot and two larger lots, one north of the road lot and one south of the road lot. A Public Works Plan has been submitted.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. He wanted to clarify that Nebraska National Bank is not an owner, but does have an interest in this property as a lender.  Later in the agenda there is an item to vacate Lot 1 of Stoneridge Second Addition and by this action on this item will get approval for a 2-lot subdivision with the inclusion of 1 tract that will be known as “Road Lot A”.  What they want to do is mimic the Kingwood’s Circle condominium project to the south and build some additional duplex units that will be sold as condominiums. 

 

Council member Lear stated that one of the issues raised at the Planning Commission was the use of private drives.  One of the things noted was that the UDO does not allow private streets to serve more than 12 housing units.  Director of Public Works Rod Wiederspan stated that there is language in the UDO stating that 12 units is the maximum on a private drive.  The Planning Commission had a concern about the number of units these condominium projects are creating.  These condominium projects started out small and keep growing. In this plan, they have provided an emergency access to the west onto Avenue K and in the future when Avenue K is actually there.  Although it is over the 12 units, there is more than one access location that emergency services could access.  It is a concern of the Planning Commission as to how many units are showing up on our private drive scenarios. 

 

Council member Lear stated that one of the long term ramifications of that is that the City might end up someday with homeowners who do not fully understand the importance of having private roads.  This could lead to the City being put under pressure to help repave or redo those roads.  Director of Public Works stated that part of the concern with private streets is that there are some around town where the property owners have asked them to take them over because they did not want to do the maintenance on them anymore.  They have not taken over those streets in the past, but told them we would look at it if they wanted to go in and totally reconstruct the street to City standard and then we would maintain it.  These streets are 24-foot wide, no curb and gutter, the storm sewer is not what the City normally puts in. 

 

Director of Public Works further stated that anybody that buys a duplex in this complex will have as part of the disclosure that this is on a private street.  It will be similar to the Arrowhead Apartments or some of the different apartment complexes where the parking lots and the driveways through them are part of the complex.  As a road lot, that will be pointed out and everybody buying property there should know up front that this is private road and there will be some maintenance fees associated with it through their homeowners association.  One other thing they have looked at doing is putting up different signage identifying this as a condominium complex, as opposed to putting up a street sign blade that matches the blades of our public streets.  When Avenue K is completed, there will be a gate on the Avenue K side that the Fire Department or Police Department could get through, but not a public access because it is not planned as a through street.  There is a gate in the first addition that was done south of there.  The gate comes off Avenue N and goes into a dead end.  On the south side of 56th Street, there is some small landscaping planted there and there is a vinyl fence. 

 

City Manager Michael Morgan pointed out what the Planning Commission wants to avoid is doing something in a private development standard that negatively affects another area, especially in the area of drainage.  If people are going to be responsible for their own streets in a condominium complex such as this, they will be responsible for maintaining deteriorating streets.  They would be more concerned if it was a drainage issue that was not handled correctly within that area.  They have discussed the entrances and addresses with the developers.  One of the frustrations is that citizens will be driving down the street and get to the end and do not know where they are.  They try to work with the developer about signage, etc. so that does not happen.  

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Kearney to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. and Nebraska National Bank (Owner) for final plat approval for “STONERIDGE SEVENTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being Lot 1, Stoneridge Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska (west side of Avenue N and south of 60th Street) and approve Resolution No. 2005-189. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-189

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of ”STONERIDGE SEVENTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

            PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

PROPOSED ACQUISITION FOR WATER MAIN AND SANITARY SEWER EASEMENTS

 

Mayor Hadley opened the public hearing on the proposed acquisition of two tracts of land as follows: Tract 1 for a Permanent Sanitary Sewer Easement for a tract of land being the north 20 feet of the south 190 feet of the west 320 feet of Lot 38, Block 2, Grandview Estates Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska; AND Tract 2 for a Permanent Water Main Easement for a tract of land being the north 20 feet of the south 220 feet of the west 390 feet of Lot 38, Block 2, Grandview Estates Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska and to consider approval of Resolution No. 2005-190.

 

Director of Utilities Kirk Stocker presented this matter to the Council. The developers of Five Star Apartments located near 4005 Avenue R have granted to the City a Permanent Sanitary Sewer and Water Main Easement.  The easement is required because sanitary sewer and water mains meeting City specifications are required on the property in order to serve the three 8-plex apartment buildings proposed for construction. A public hearing is required prior to accepting the easement because Section 18-1755 of the Nebraska Revised Statutes requires that a City of the first class acquiring an interest in real property shall do so only after the governing body has authorized the acquisition by action taken in a public meeting after notice and a public hearing.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the proposed acquisition of two tracts of land as follows: Tract 1 for a Permanent Sanitary Sewer Easement for a tract of land being the north 20 feet of the south 190 feet of the west 320 feet of Lot 38, Block 2, Grandview Estates Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska; AND Tract 2 for a Permanent Water Main Easement for a tract of land being the north 20 feet of the south 220 feet of the west 390 feet of Lot 38, Block 2, Grandview Estates Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2005-190. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-190

 

            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 sanitary sewer and water main purposes and voted in favor to proceed with the acquisitions; and

            WHEREAS, Illride Enterprises, a Nebraska Limited Liability Company, has granted to the City of Kearney, Nebraska, a Permanent Sanitary Sewer and Water Main Easement as follows:

Permanent Sanitary Sewer Easement

A tract of land being the north 20 feet of the south 190 feet of the west 320 feet of Lot 38, Block 2, Grandview Estates Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska

AND

Permanent Water Main Easement

A tract of land being the north 20 feet of the south 220 feet of the west 390 feet of Lot 38, Block 2, Grandview Estates Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the a Permanent Sanitary Sewer and Water Main Easement granted by Illride Enterprises, a Nebraska Limited Liability Company to the City of Kearney be and are hereby approved and accepted.

            PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

PROPOSED ACQUISITION FOR WATER MAIN EASEMENT

 

Mayor Hadley opened the public hearing on the proposed acquisition of a tract of land for water main purposes described as follows: A tract of land being part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as follows: beginning at the northwest corner of Lot 1, Block 2, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence westerly on the north line of said Lot 1, Block 2 (if extended westerly) a distance of 10.0 feet; thence southerly parallel with the west line of said Lot 1, Block 2 a distance of 300.34 feet to the south line of said Lot 1, Block 2 and the north line of Lot 1 (if extended), Sorensen Park Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing southerly parallel with the west of said Lot 1, a distance of 20.0 feet; thence easterly parallel with the north line of said Lot 1 a distance of 10.0 feet to the west line of said Lot 1; thence northerly on said west line a distance of 20.0 feet to the northwest corner of said Lot 1, said point also being the southwest corner of said Lot 1, Block 2, Sorensen Park Fourth Addition; thence northerly on the west line of said Lot 1, Block 2 a distance of 300.34 feet to the place of beginning, containing 3203.35 square feet, more or less, all in Buffalo County, Nebraska and to consider approval of Resolution No. 2005-191.

 

Director of Utilities Kirk Stocker presented this matter to the Council. The developers of Sorensen Park Fourth Addition have granted to the City a Permanent Water Main Easement on property that they own adjacent to Sorensen Park Fourth Addition.  The easement is required because other utilities already occupied the platted utility easement to serve the subdivision before the water main could be constructed. A public hearing is required prior to accepting the easement because Section 18-1755 of the Nebraska Revised Statutes requires that a City of the first class acquiring an interest in real property shall do so only after the governing body has authorized the acquisition by action taken in a public meeting after notice and a public hearing.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and approve the proposed acquisition of a tract of land for water main purposes described as follows: A tract of land being part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as follows: beginning at the northwest corner of Lot 1, Block 2, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence westerly on the north line of said Lot 1, Block 2 (if extended westerly) a distance of 10.0 feet; thence southerly parallel with the west line of said Lot 1, Block 2 a distance of 300.34 feet to the south line of said Lot 1, Block 2 and the north line of Lot 1 (if extended), Sorensen Park Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing southerly parallel with the west of said Lot 1, a distance of 20.0 feet; thence easterly parallel with the north line of said Lot 1 a distance of 10.0 feet to the west line of said Lot 1; thence northerly on said west line a distance of 20.0 feet to the northwest corner of said Lot 1, said point also being the southwest corner of said Lot 1, Block 2, Sorensen Park Fourth Addition; thence northerly on the west line of said Lot 1, Block 2 a distance of 300.34 feet to the place of beginning, containing 3203.35 square feet, more or less, all in Buffalo County, Nebraska and approve Resolution No. 2005-191. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-191

 

            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, Sorensen Acres, LLC, a Nebraska Limited Liability Company, has granted to the City of Kearney, Nebraska, a Permanent Water Main Easement as follows:

Permanent Water Main Easement

A tract of land being part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as follows: beginning at the northwest corner of Lot 1, Block 2, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence westerly on the north line of said Lot 1, Block 2 (if extended westerly) a distance of 10.0 feet; thence southerly parallel with the west line of said Lot 1, Block 2 a distance of 300.34 feet to the south line of said Lot 1, Block 2 and the north line of Lot 1 (if extended), Sorensen Park Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing southerly parallel with the west of said Lot 1, a distance of 20.0 feet; thence easterly parallel with the north line of said Lot 1 a distance of 10.0 feet to the west line of said Lot 1; thence northerly on said west line a distance of 20.0 feet to the northwest corner of said Lot 1, said point also being the southwest corner of said Lot 1, Block 2, Sorensen Park Fourth Addition; thence northerly on the west line of said Lot 1, Block 2 a distance of 300.34 feet to the place of beginning, containing 3203.35 square feet, more or less, all in Buffalo County, Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the a Permanent Water Main Easement granted by Sorensen Acres, LLC, a Nebraska Limited Liability Company to the City of Kearney be and is hereby approved and accepted.

            PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

IV.    CONSENT  AGENDA

 

Mayor Hadley announced that the Agenda was amended on November 7, 2005 by adding Items 12, 13, and 14 to the Consent Agenda.

 

Council member Lear abstained from voting on Items 12 and 13 for the reason the applicant conducts business with the Platte Valley State Bank.

 

Moved by Buschkoetter seconded by Hadley that Subsections 12 and 13 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Clouse, Kearney. Nay: None. Lear abstained. Motion carried.

 

12.        Approve the application for a Special Designated License submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class DK61563 catering liquor license to dispense beer, wine and distilled spirits at the Great Platte River Road Archway Monument, 3060 East 1st Street, on December 10, 2005 from 5:00 p.m. until 12:00 a.m. for a private Christmas party.

 

13.        Approve the application for a Special Designated License submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class DK61563 catering liquor license to dispense beer, wine and distilled spirits at the Great Platte River Road Archway Monument, 3060 East 1st Street, on December 17, 2005 from 5:00 p.m. until 12:00 a.m. for a private Christmas party.

 

Moved by Lear seconded by Buschkoetter that Subsections 1 through 11 and 14 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held October 25, 2005.

 

2.         Approve the following Claims: AT&T $133.40 smcs; Ace Hardware $0.99 smcs; AFLAC $1,681.30 ps; Alamar $37.48 ps; Alltel $2,352.44 smcs; Amax Contracting $227.46 smcs; Anderson Brothers $119.34 smcs; Anderson,R $187.20 smcs; Apple Market $9.28 smcs; Armor Holdings $63.50 smcs; AWWA $470.00 smcs; B&B Auto Glass $557.55 smcs; Baker & Taylor $830.05 smcs; BBC Audiobooks $376.42 smcs; Beckenhauer,T $271.50 smcs; Bennett,T $1,102.50 smcs; Big Flag $62.80 smcs; Blessing $216,602.65 co; Blevins,D $195.00 smcs; Bluecross Blueshield $39,383.09 smcs; Bob's Super Store $81.45 smcs; Bosselman $226.76 smcs; Brown,A $228.13 smcs; BSB Construction $94,149.47 co; Buffalo Air Service $4,660.00 smcs; Buffalo Co Court $172.16 smcs,ps; Buffalo Co Reg of Deeds $77.00 co; Buffalo Co Sheriff $25.00 smcs; Builders $70.31 smcs; Butler,J $31.25 smcs; Cash-Wa $23.95 smcs; Central Fire $234.70 smcs; Central Health District $2,878.00 smcs; Central NE House Doctor $3,600.00 smcs; CHAD $16.00 ps; Charter $43.55 smcs; Charter Paging $22.46 smcs; Chesterman $78.18 smcs; Chief Industries $28,827.45 co; City of Ky $171,807.91 smcs,ps; City of Salina $889.44 ps; Clark Enersen Partners $10,881.37 co; College Savings Plan of NE $50.00 ps; Compass GSE $3,620.00 smcs; Conseco Life Insurance $38.00 ps; Copycat Printing $118.85 smcs; Crushers $24,010.46 co; Dawson Co PPD $26,312.91 smcs; Dell $1,413.62 co; Dept of Correctional Serv $2,100.00 smcs; Dept of the Treasury $13.27 ps; Designer Craft $4,728.70 smcs; Diamond Vogel $24.41 smcs; Dobberstein Roofing $3,450.00 co; Double M Farms $2,000.00 smcs; DPC $9,112.60 smcs; Dreyer,D $217.24 smcs; Eagle Integrated Solutions $5,960.00 smcs; Eakes $2,962.32 smcs,co; Ed Roehr Safety Products $1,231.08 smcs; EDM Equipment $177.02 smcs; Elliott $4,324.08 smcs; Evans,M $60.00 smcs; Fairbanks $3,866.29 smcs; Faz,A $128.00 smcs; Fireguard $386.46 smcs; Frontier $783.34 smcs; Galls $36.21 smcs; Gaylord Brothers $247.72 smcs; General Binding $1,552.92 smcs; H.W. Wilson Company $286.00 smcs; Haupt,J $35.00 smcs; Hayden,S $44.56 smcs; Highsmith $68.34 smcs; Hinrichs,S $23.42 smcs; Hoehner Turf $6,475.00 co; Holiday $93.61 smcs; Holmes Plumbing $1.80 smcs; Humphrey,D $321.50 smcs; Hydrologic $175.00 smcs; ICMA RC $2,422.50 ps; IRS $85,851.66 ps; Jefferson Co Public Library $72.00 smcs; John Deere Credit $11,125.33 ds; Johnsen Corrosion $1,976.64 smcs; Ky Area United Way $586.36 ps; Ky Chamber of Comm $14,997.37 smcs; Ky Concrete $10,932.72 smcs,co; Ky Implement $478.53 smcs; KVFD $2,000.00 smcs; Kelly Supply $1,095.29 smcs; Kirkham Michael $7,760.57 co; Kirkwood,M $187.20 smcs; Kolar,J $128.00 smcs; Kooyman,R $200.00 ps; Kossman,K $100.00 smcs; Kowalek,G $271.50 smcs; Lasertec of NE $439.82 smcs; Laughlin,K $360.00 ps; Linweld $36.22 smcs; Lochland Country Club $1,400.88 smcs; Loescher,S $80.00 smcs; Magic Cleaning $850.00 smcs; Mattley Advertising $412.95 smcs; MDI $655.96 smcs; MES $184.71 smcs; Metlife $4,067.65 ps; Michael Todd $888.21 smcs; Micromarketing $33.96 smcs; Midlands Contracting $32,257.00 co; Mid-State Engineering $75.00 smcs; Miller & Associates $53,073.57 smcs,co; Mosbarger,B $200.00 ps; Municipal Supply $791.27 smcs; Nat'l Paper Supply $128.34 smcs; NWWA $11,990.55 smcs; NE Child Support $1,206.97 ps; NE Dept of Revenue $87,234.27 smcs,ps; NE Health Lab $23.00 smcs; Newman Traffic Signs $22.50 smcs; Northwest Electric $705.04 smcs; Northwestern Energy $1,232.82 smcs; Nuttelman Fencing $422.06 smcs; Office Depot $564.89 smcs; Officenet $160.95 co; O'Keefe Elevator $390.75 smcs; Paul A. Otto Curb Grinding $54.00 co; Paulsen $167,261.94 co; Payflex Systems $378.25 ps; Plasti-Fab $16,465.00 co; Platte Valley Comm $5.95 smcs; Platte Valley State Bank $100.00 smcs; Police Office Assoc of NE $490.00 smcs; Postmaster $688.00 smcs; Presto-X $219.00 smcs; Professional Network $6,335.10 co; Public Agency Training $550.00 smcs; Push Pedal Pull $27.49 ds; Quill $163.07 smcs; Random House $874.00 smcs; Recorded Books $481.59 smcs; Regional Books $33.04 smcs; Rodiek,D $60.00 smcs; Sage,P $42.18 smcs; Sagebrush Corp $731.34 smcs; See Clear Cleaning $1,900.00 smcs; Senior Hospitality Center $10,337.00 smcs; Showcases $1,039.20 smcs; Siemens Airfield $3,007.20 smcs; Sirchie $253.77 smcs; Smithsonian $29.95 smcs; Snap-On Tools $895.00 smcs; Solid Waste Equipment $2,784.00 smcs; St. Lukes Good Samaritan $35,394.00 smcs; State of Nebraska DAS $19.02 smcs; Stover,J $5.00 smcs; Stuehm,A $31.25 smcs; Suchsland,T $5.96 smcs; Summit Heating $934.02 smcs; Supershine $119.00 smcs; Tailor Bills $292.88 smcs; Thomas,P $75.94 smcs; Thome,B $78.00 smcs; Thompson Publishing $53.78 smcs; Thomson Gale $56.15 smcs; Tigerdirect $4,796.50 smcs,co; Tokay Software $430.00 smcs; Tool Doctor $31.50 smcs; Tracy,K $260.70 smcs; Tye & Rademacher $8,352.20 smcs; U.S. Toy Company $34.99 smcs; Van Diest $1,172.00 smcs; Video Service of America $27.44 smcs; Video Store Shopper $683.08 smcs; Village Uniform $305.32 smcs; Visionary Systems $1,190.00 smcs; Walton,T $210.70 smcs; Warrington,D $271.50 smcs; Washington State Support $102.00 ps; Water Products $1,778.55 smcs; Wellman,P $23.96 smcs; Western Security Services $500.00 smcs; Yellow Van Cleaning $175.50 smcs; Payroll Ending 10-29-2005 -- $262,155.04.  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.         Approve the bids received for the lease/purchase of a Side Load Refuse Compactor Truck for the Utilities/Sanitation Department and award the bid to Wick’s Sterling Trucks in the amount of $153,015.00.

 

4.         Approve the bids received for the lease/purchase of a 5-Cubic Yard Dump Truck, Spreader, Snow Plow and Snow Plow Hitch for the Public Works/Transportation Department and award the bid to Nebraska Truck Center in the amount of $99,080.00.

 

5.         Approve the bids received for the lease/purchase of a Four Wheel Pure Vacuum Type Street Sweeper for the Public Works/Transportation Department and award the bid to EDM Equipment Company in the amount of $137,425.00.

 

6.         Approve the Government Lease-Purchase Supplement to the Master Lease Agreement between the City of Kearney and Wells Fargo Bank and approve Resolution No. 2005-192.

 

RESOLUTION NO. 2005-192

 

BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska as follows:

1.       The Governmental Supplement to the Master Lease or Supplements thereto and the Escrow Agreement, if any, are hereby approved substantially in the form presented to the City Council and on file in the office of the City Clerk.

2.       The President of the Council is hereby authorized to execute the Supplement to the Master Lease or Supplements thereto on behalf of the City of Kearney, and to execute such other certificates and documents as may be necessary and appropriate to effectuate the transactions contemplated by the Supplement to the Master Lease or Supplements.  The Supplement to the Master Lease or Supplements and the related documents may contain such necessary and appropriate variations, omissions and insertions as the President of the Council shall determine to be necessary, and the execution thereof by the President of the Council shall be conclusive evidence of such determination and its approval by the Council.

3.       Lessee reasonably anticipates that it will not issue tax-exempt obligations (not including “private activity bonds” as defined in Section 141 of the Internal Revenue Code of 1986, as amended) in an aggregate amount in excess of ten million dollars during the calendar year in which the Lease commences.  The lease is designed as a qualified tax-exempt obligation for purposes of Section 265(b)(c) of the Internal revenue Code of 1986, as amended, relating to deductibility of interest by financial institutions.

BE IT FURTHER RESOLVED that all resolutions and parts of resolutions in conflict herewith are hereby repealed.

PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

7.         Approve the purchase of equipment and to obtain financing through the issuance of tax-exempt lease and approve Resolution No. 2005-193.

 

RESOLUTION NO. 2005-193

 

            WHEREAS, the City of Kearney, a municipal corporation, has determined to proceed with a project (the “Project”), generally consisting of the purchasing of various equipment and intends to obtain financing with respect to the Project at least on part through the issuance of tax-exempt debt;

            WHEREAS, the City desires that all permitted Project costs paid prior to the issuance of tax-exempt obligations qualify for reimbursement from the proceeds of issuance of such tax-exempt obligations under Treasury regulations.

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that

1.       It is desirable that certain expenditures for or relating to the Project be incurred and paid prior to the issuance of tax-exempt obligations to finance such expenditures;

2.       Such expenditures are expected to be made in the foreseeable future with respect to the Project, and they generally consist of payments to vendors for equipment;

3.       The City reasonably expects to reimburse the above-described expenditures by incurring debt in the form of tax-exempt obligations in an amount not exceeding $389,520.00 and reasonably expects that actual project costs to be reimbursed from such proceeds will probably be less, depending on the date on which such obligations are issued and the completion schedule for the Project;

4.       No funds (from sources other than such debt) are, or are reasonably expected to be, allocated on a long-term basis, reserved or otherwise set aside pursuant to the City’s budget or financial policies for such expenditures at this time;

5.       In connection with the Project, authority is hereby specifically conferred on the President of the Council of the City to make such further declarations of official reimbursement intent on behalf of the City as may be necessary or desirable and as may be consisted with then-existing budgetary and financial circumstances of the City; and

6.       This Declaration of Official Reimbursement Intent is made under Section 1.150-2 of Treasury Regulations issued by the Internal Revenue Service and shall be available for public inspection at the City’s principal offices.

BE IT FURTHER RESOLVED that all resolutions and parts of resolutions in conflict herewith are hereby repealed.

PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

8.         Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and NP Land Development, Inc. and Nebraska National Bank for the construction of paving, water and sewer improvements for Stoneridge Sixth Addition (Avenue L from a cul-de-sac south of 60th Street to the cul-de-sac north of 63rd Street) and approve Resolution No. 2005-194.

 

RESOLUTION NO. 2005-194

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” for Stoneridge Sixth Addition to the City of Kearney, Buffalo County, Nebraska be and is hereby accepted and approved. A copy of said Agreement marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and NP Land Development, Inc. and Nebraska National Bank to construct paving, water and sewer improvements for Avenue L from a cul-de-sac south of 60th Street to the cul-de-sac north of 63rd Street in accordance with the Kearney City Code.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

9.         Accept the sanitary sewer and water improvements for Lot 1 and part of Lot 2, Marianne Hunt Addition to the City of Kearney, Buffalo County, Nebraska (Aspen Falls Condominium) that was constructed under a Developer Constructed Infrastructure Agreement and approve Resolution No. 2005-195.

 

RESOLUTION NO. 2005-195

 

            WHEREAS, on the 12th day of October, 2004, the President and Council of the City of Kearney, Nebraska passed and approved Resolution No. 2004-194 authorizing the President of the Council to execute the Developer Constructed Infrastructure Agreement between the City of Kearney and McElhinny Buildings, Inc. for the installation of sanitary sewer and water main infrastructure for Lot 1 and part of Lot 2, Marianne Hunt Addition to the City of Kearney, Buffalo County, Nebraska; and

            WHEREAS, the Developer has constructed the public improvements which include water and sanitary sewer in accordance with the requirements and standards set forth in Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney; and

            WHEREAS, in accordance with Section 9-1318 “Acceptance of Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney the Developer has, by and through its attorney, certified to the City that there are no liens or other encumbrances against the construction work; and

            WHEREAS, the City’s Engineers have determined that the work is in compliance with the design and is complete.

            NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the public improvements which include water and sanitary sewer for Lot 1 and part of Lot 2, Marianne Hunt Addition to the City of Kearney, Buffalo County, Nebraska have been constructed in accordance with Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney and that the said public improvements be and are hereby accepted.

            PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

10.        Approve the application for a Special Designated License submitted by JUAN LAZO, dba “El Tropico” in connection with their Class IB37623 liquor license to dispense beer and distilled spirits in the Exposition Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on November 27, 2005 from 3:00 p.m. until 12:00 a.m. for a Mexican dance.

 

11.        Approve the application for a Special Designated License submitted by EXPRESSIONS CATERING, dba “Paradise Cove” in connection with their Class CK58433 catering liquor license to dispense beer, wine and distilled spirits in the Extension Building located at the Buffalo County Fairgrounds, 1400 East 34th Street, on November 26, 2005 from 3:00 p.m. until 1:00 a.m. for a wedding reception.

 

14.        Approve the application for a Special Designated License submitted by The Kearney Volunteer Fire Department to dispense beer, wine and distilled spirits in the Extension Building located at the Buffalo County Fairgrounds, 1400 East 34th Street, on December 3, 2005 from 6:00 p.m. until 1:00 a.m. for a dance.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7223 - REZONING – NORTH OF 50TH STREET AND WEST OF 22ND AVENUE

 

Council Member Hadley introduced Ordinance No. 7223, being Subsection 1 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10959.77 square feet, more or less, Buffalo County, Nebraska (north of 50th Street and west of 22nd Avenue), 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: Hadley, Clouse, Kearney, Buschkoetter, Lear. 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. 7223 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Clouse that Ordinance No. 7223 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7223 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. 7224 – VACATE LOT 1, STONERIDGE SECOND ADDITION

 

Council Member Hadley introduced Ordinance No. 7224, being Subsection 2 of Agenda Item VI to vacate Lot 1, Stoneridge Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska (west side of Avenue N and south of 60th Street), 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: Hadley, Clouse, Kearney, Buschkoetter, Lear. 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. 7224 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Clouse that Ordinance No. 7224 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7224 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; NEBRASKA PUBLIC POWER DISTRICT - $3,453.27; FREMONT NATIONAL BANK - $37,868.47; SCHOOL DISTRICT #7 - $7,824.35

 

Moved by Buschkoetter seconded by Hadley that Open Account Claims in the amount of $3,453.27 payable to Nebraska Public Power District, and in the amount of $37,868.47 payable to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Kearney. Nay: None. Clouse and Lear abstained. Motion carried. 

 

Moved by Hadley seconded by Kearney that the Open Account Claim in the amount of $7,824.35 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Lear. Nay: None. Buschkoetter abstained. Motion carried.

 

VII.    REPORTS

 

UPDATE ON THE NORTHWEST WELLFIELD

 

Director of Utilities Kirk Stocker stated they asked the NRD to use the cooperative hydraulic study model that has been discussed for a long time here in Nebraska to evaluate the northwest wellfield.  Their plan going into this northwest wellfield was to have a redundant supply for their single source Platte River wellfield in case of some type of power outage, emergency or contaminant spill.  The 1997 Water System Facility Plan suggested that the City should try to site a redundancy supply that would pump a maximum daily capacity of seven million gallons per day.  They estimated that would be our normal winter consumption in approximately the year 2015. They tried to site the wellfield according to all of the best science that they could apply. 

 

Regarding the NRD study, per the citizens request, they calculated what the impact would be if the City pumped the wellfield seven million gallons a day x 365 days a year, which he believed was a very unlikely scenario.  That evaluation shows that it would draw down the water table in the area approximately 75 to 80 feet from its normal level.  There are very few wells in the vicinity.  They did evaluate the impact of the wells would be at a 4-million gallon capacity year around and believed that the City would not be impacting at that rate.  They did not evaluate them at the 75 to 80 foot level, but it appears that the City should be pretty good at that scenario.  The important thing to remember about that area is that it is rolling pasture land, most any additional well development will be for residential wells that would pump 5-10-15 gallons per minute. 

 

The City’s average daily consumption over the past two years has approached 6.8 to 7 million gallons a day.  In the winter, the City consumes about 4-5 million gallons, depending what is going on with the weather.  The City is permitted to pump 24.6 million gallons per day from the current wellfield.  The City does have additional wells that it could pump a little over 25 million gallons per day.  With the current drought conditions, the City had a hydraulic model completed on the wellfield quite some time ago, which showed with no flow in the river (the river flow refills the aquifer) that the City could only produce a little over 14 million gallons a day after 140 days of no flow in the river. 

 

In the summer of 2004, he recalled that the City had 120 days of no river flow.  This is what the City hopes to gain from this northwest wellfield.  The summer demand is a little over 16 million gallons.  One thing that he was happy to report was the all time peak day was in 1988 when the City pumped 19 million gallons of water.  He believed that monthly billing for water has helped residents keep in touch with how much water they are using.  They have done a good public information campaign on how much water a lawn really needs and underground sprinkler systems have helped apply the water appropriately. 

 

City Manager stated that a point of clarification that came out of the meetings that might not have been totally understood is that the City of Kearney is no different than any other user of water.  The City is permitted by the State and it is only allowed to use what is permitted.  If the City has a negative impact on a previous well, like any other user, the City is responsible and there is action that can be taken.  There is also action that the City can take against someone who minimizes what it should be able to gain from our well. 

 

Director of Utilities stated that another concern of people in the area was wellhead protection.  The City does have wellhead protection at our Platte River wellfield through our City zoning ordinance within the City’s two-mile extra-territorial jurisdiction.  The reason for well head protection is that it is only 9-10 feet to static water level.  The base of the aquifer is only 60 feet deep.  Title 179 of the Nebraska Administrative Code governs public water supply systems and they require that the City maintain a horizontal distance of 1,000 feet from a public supply well to any other well.  With that in mind in trying to site the northwest well field, they wanted to get a location that was protected from surface water contamination.  This location that was selected is approximately 100 feet more to the static water level and about 270-300 feet saturated thickness for the City to pump from.  To avoid well head protection and impact on neighboring properties, the City is acquiring 800 acres to get the well sited and minimize that 1,000-foot radius from crossing our property boundary. 

 

Council member Kearney stated that he had several people ask why the City was going west with the wellfield.  He stated that was answered by the presentation showing that the Ogallala Aquifer under Kearney and the river is very shallow and the further west you go the deeper it gets which makes it easier to pull up the water.  Director of Utilities stated that the City took a lot of time and put down at least 28-30 test wells to determine the site. 

 

One of the first things they did in the site selection process was to look at land uses and other well locations.  They found that directly north and east of the City with intensive farming there was intensive irrigation development which would probably not allowed the 1,000-foot spacing requirement and had impact on more property.  At the site chosen, the City is able to acquire 800 acres in two tracts of land with rolling pastures with minimal row crop agriculture around it.  The City wanted to avoid interrupting irrigation or being susceptible to contamination of ground water. 

 

TOWNHALL MEETING REMINDER

 

City Manager stated that November 9th is the next Townhall meeting at 7:00 p.m. in the Council Chambers.  He and some of the staff will be on “Talk of the Town” on the radio answering questions regarding the sales tax issue.  The special election on the sales tax will be held on Tuesday, November 15th and encouraged citizens to call the City Manager’s office with any questions.

  

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Hadley that Council adjourn at 7:41 p.m. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

ATTEST:                                                                                   GALEN D. HADLEY

                                                                                                PRESIDENT OF THE COUNCIL

                                                                                                AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK