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Kearney, Nebraska

February 14, 2006

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 February 14, 2006, 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; and Wendell Wessels, Director of Finance and Administration were also present. Some of the citizens present in the audience included: Dan Lynch, Kirk Stocker, Neal Lewis, Scott Hayden, Dave James, Jerry Thompson, Ken Tracy, Julie Steffensmeier, Lance Lang, Matthew Williams, Heather Cruise, Bruce Grupe, Gerry O’Rourke, Marvion Reichert, Randy DeFreece, Terry Becker, Gerry Becker, Jayne Meyer, Mark Meyer, Dan Bahensky, Dan Lindstrom, Ron Huss, Shirley, Dennis Etchenkamp, John Shafer, Joe Sobotka, L.R. Smith, Tim Sorensen, Rich Shoemaker, Roger Jasnoch, Ron Grapes, Larry Butler, Rhoda Brown, Mitch Humphrey, Job Obermiller, Jeff Sikes, Amy Meier, Dennis Burchell, Paul Brungardt, Robert Bonk, Lexann Roach.

 

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

 

Mayor Hadley and Council Members held a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts 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

 

LAND USE MAP AMENDMENT – NORTH OF 16TH STREET AND WEST OF 11TH AVENUE AND EAST OF 16TH AVENUE

 

Mayor Hadley stated that Public Hearings 1, 2 and 3 can be discussed together but voted on separately.

 

Moved by Kearney seconded by Clouse to remove from the table Public Hearing 1 on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Business Park” to “Low Density Residential” property described as a tract of land being part of the Southwest Quarter of Section 2, Township 8 North, Range 16 West of the 6th P.M., containing 3.84 acres, more or less, Buffalo County, Nebraska (north of 16th Street and west of 11th Avenue and east of 16th Avenue). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Mayor Hadley stated that City staff had recommended to the Planning Commission to approve the development but the Planning Commission, by a 5-2 split vote, recommended denial.

 

The applicant is requesting approval to zone and plat a tract of land that is approximately 3.84 acres located north of 16th Street and east of 16th Avenue to 11th Avenue.  The proposed use is a single-family residential subdivision containing 18 lots.   The current zoning of the property in question is M-1; hence, the applicant is requesting a less restrictive zoning category. This property has been submitted for various development proposals in the past.  A few years ago, a concept similar to the current proposal was submitted, except that the proposed use of the property was for duplex development.  Some of the neighbors protested the density and associated parking and traffic concerns that duplexes might bring to the neighborhood and the project did not go forward.  In the current proposal, the density has been reduced to single-family housing which should alleviate the density concerns.

 

Also, with the past development proposals, the owner of the livestock sales barn to the north of the proposed residential lots has consistently opposed any development of this property to residential use.  Once again the owner appeared in opposition of the proposal and also had an attorney present the reasons for opposition.  The sales barn is a nonconforming use.  It was existing at the time the Code was changed, so it is therefore “grandfathered” to remain as a legal nonconforming use.  Such use cannot be expanded or enlarged, but may continue to operate indefinitely as long as the use does not lapse for a period of twelve months or more.   Although there may be concerns about the noise, odor, and truck traffic associated with the sales barn, it is a legal use at this location.  The City offices are not aware of any complaints against the sales barn from neighboring residential areas.  Over years past, the residential neighborhood in this area has expanded significantly moving closer and closer to the sales barn and an agricultural chemical distributor next door.  The ag business also generates significant truck traffic on the street network at this location but is an allowable use by right in M-1 zoning.

 

Representatives of both the sales barn and the chemical distributor are opposed to this project.  They do not want any further residential development in the area next to their facilities.  They like the buffer that the undeveloped land provides.  They do not own the land next to their facilities; it is owned by the applicant.  It is staff opinion that the sales barn and ag distributor should purchase the intervening land if they wish for it to remain undeveloped.  Staff supports the proposed residential development along the north side of 16th Street as an acceptable compromise.  With residential uses on the south side of 16th Street the proposal fits within the context of the neighborhood.  The proposed zoning is for a less restrictive zone.  An appropriate transitional use can be proposed as a buffer between the residential lots and the sales barn/ag distributor in the future.

 

The other option is to develop the subject property in conformance with the current M-1 zoning.  There is a long list of industrial uses that are allowable by right.  There will be no requirement for public hearings or any approvals by Planning Commission and City Council (unless the proposed use requires a Conditional Use Permit).  This approach would very likely increase the truck traffic in an area that is primarily residential.  Truck traffic is already a concern given the two businesses that are located there and a public school to the east on 16th Street.  Although staff believes that industrial uses at this location, and the potential associated negative external effects (noise, odor, truck traffic, etc.) that may result, it is not in the best interest of the neighborhood.  Nonetheless, the land is zoned accordingly.  An industrial development would fit the current zoning, but is that the scenario that makes sense in a developed residential neighborhood.

 

There are a lot of “what ifs” and “maybes” when we try to look into the crystal ball and determine what may or may not happen in the future.  There is a definite proposal before the Council now; a proposal that seeks a more restrictive zoning category than what exists.  A proposal that will generate less traffic than the current zoning would generate and none of the traffic would include routine heavy truck usage.  The compromise offered in the current proposal seems an appropriate manner to recoup at least a portion of the land and infrastructure costs for water, sewer, and paving of 16th Street that has been paid for by the applicant.  A substantial buffer would still remain between the nonconforming use and the housing.

 

Part of Lot 1 and Lot 2 of G & K Addition must be vacated if this property is to be replatted as G & K Fourth Addition.  The Future Land Use Map of the City of Kearney Comprehensive Development Plan shows this area to be “Business Park.”  The residential subdivision will require amending the map to “Low Density Residential”, the corresponding land use category for the requested zoning of R‑1.  The Land Use Map amendment would only apply to a strip of land 115 feet in depth along the north side of 16th Street.  The remainder of the property could remain Business Park as a buffer between the housing and the sales barn/ag distributor.

 

The rezoning request is from M-1 Limited Industrial District to R-1, Urban Residential Single‑Family District.  Staff concurs that the requested rezoning is acceptable given the character of the neighborhood.  The intervening land that separates this subdivision from the livestock sales barn could be developed in the future with an appropriate buffer use.

 

The Preliminary and Final Plat, to be known as G & K Fourth Addition, consist of 18 lots, 115 feet deep and ranging in width from the minimum requirement of 65 feet to 85 feet on street corners.  The plat provides for northward extension of 12th Avenue, 14th Avenue, and 16th Avenue but not for 13th Avenue and 15th Avenue.  The side yard setbacks on corner lots shall be platted at 25 feet.  The Preliminary Plat was approved by Planning Commission on December 16, 2005.

 

Craig Bennett from Miller & Associates presented this matter to the Council. This is a project located on the north side of 16th Street currently zoned as M-1.  The request is to rezone it to R-1 after looking at many different developing opportunities.  Across the street to the south on 11th Street is a residential development.  This project involves a half block on the north side of 16th Street that will have 18 lots consistent with what was previously platted and developed just to the west.  This will be single family R-1 homes. In this particular plan, the existing infrastructure is currently available and has been there for quite some time.  The developer’s desire has been to proceed with an R-1 even though he has looked at R-2 and even storage lots.  He believed R-1 would blend with the neighborhood and would be the most attractive fit and most feasible.  The lots are fairly consistent; some are a bit larger than in the Sun West development to the southwest.  They have extended two streets to the north for a half block, one is 14th Avenue and the other is 12th Avenue in this proposed plat. 

 

Council member Buschkoetter stated concerns of the neighbors to the north are nuisance complaints that are sure to come up and believed this should be addressed.  Larry Butler, attorney representing the owners and developers on this project, responded that he agreed with what Council member Buschkoetter brought up, but said this land is presently zoned M-1 and the proposal is for R-1.  The area that surrounds this at least to the south is primarily, if not exclusively, residential property.  His client tried to rezone this property to a multi family use earlier, but the neighborhood was in opposition.  From talking to those neighbors, their objection was primarily based on the fact that there might be off-street parking that would be a problem in the area and noise associated with multi-family rather than residential areas.  This proposal is not trying to rezone the whole property to R-1, but M-1 is not the best use of the property. 

 

Mr. Butler continued to state that this plan was brought to the City before the DRT on two different occasions. The City staff was in favor of this plan and the DRT recommended approval of it.  His client probably underestimated the concerns of the neighbors, who were not present to talk, when they went to Planning Commission.  Since then, his client has met with the Neighborhood Association in that area.  He believes that the residents in that area are in favor of seeing this strip of lots rezoned to R-1.  They received numerous cards and letters from people who voluntarily sent them in after their meeting.  He believed that the Planning Commission was right to not vote to support this at that time.  Even though the discussion at the Planning Commission involved guessing what the neighbors to the north would think, he asked that the Council consider just this strip of land and the best use of it being R-1. 

 

Between the back of those 18 lots and the use that was referred to north of there is 315 feet.  The City Code states there only needs to be a 20-foot buffer.  Bringing that into prospective, 315 feet is more than a standard City block of space that will remain undeveloped at this time.  There will be more than a City block of buffer between these lots and what will be the business to the north.  He stated that he wished he had the solution to what is going to develop there.  Since he does not have that, he believed the focus should be on the best use of this strip as proposed for an R-1.  Mr. Butler stated there is a nuisance in that area, which exists to the present owner and whatever uses the present owner wants to make of his land.  Building a house does not change that nuisance.  Developing that strip of land will leave the remainder undeveloped until they can figure out something that will work and be a good buffer in between. 

 

Council member Buschkoetter stated the purpose of zoning is not only to protect landowners and those who want to develop it, but also pre-existing owners as well. 

 

Council member Kearney stated the odor is a nuisance and he finds it hard to understand the reason to build housing closer to it.  Mr. Butler responded that at the Planning Commission the issue of complaints came up and at that time City Planner Lance Lang had stated that he was not aware of any complaints.  A couple of years ago when this was brought before the Council, Council member Kearney stated that he saw the complaints.

 

Council member Buschkoetter stated that he lives about three blocks from the area they are discussing.  When it rains during the summer, there is a smell that you can pick up on 11th Street.  This smell is not everyday or all the time; however, he would not necessarily want to be grilling a steak in the backyard within 315 feet of the auction.  Mr. Butler said that one of the owners does plan to build his home on this property.  It might be something that needs to be dealt with in the future, but it will be there no matter what the land use is. 

 

Council member Kearney believed that they should defer to the Planning Commission’s decision to deny.  Mr. Butler responded that it was a split vote.  There were a number of people from the neighborhood there but they underestimated the opposition that would come from the one owner.  There was a question about the density of the lots.  Mr. Bennett stated the lots are similar to the existing lots.  In fact, the City Code has required the lots to be increased in the length and depth from the previous developments.  They are about the same or above the requirement for a minimum lot size.  The previous proposal was for an R-2 zoning.  Some of the issues that were brought up about multi family were the off-street parking or extracurricular activities that would congregate cars on 16th Street.  That is why R-1 was chosen to mitigate some of those concerns. 

 

Dan Lindstrom, attorney representing Huss Platte Valley Auction, had some objections to this rezoning.  Huss Platte Valley is an active and long standing business in the community.  It has been operating for 60 years.  The present owner purchased the property 30 years ago.  They estimated they have handle $2 billion worth of business, which calculates to about $85 million a year. They are a tremendous business in Kearney.  It is like many of our other industrial users and employers; they have an important economic effect.  Huss Platte Valley has been very conscious over the last 30 years of the applicant and others owning land south of 16th Street, who have been developing that area as primarily R-1.  The problem is that the applicant knew there was M-1 property there.  Mr. Lindstrom stated that the applicant was always going to build houses there.  What he believed the applicant was asking the Council to do, in effect, was to rescue it from itself for reasons he later discussed. 

 

There are three primary issues that his client is concerned about and that everyone should be concerned about from a public policy standpoint.  His client’s concern is driven primarily because of the threat of civil liability.  This is a business that does not always occur in cities anymore.  They are aware that noise, dust, odor, and lights although they only have auctions 35 times a year from October to February, can be offensive to some if they live nearby.  Their concern is those people will be so offended that they will decide to complain to the City to take some action against his client or bring a civil suit.  The law of nuisance is fairly difficult, and does not really follow common sense.  If a person moved to a neighborhood knowing there is something they don’t like and then decide to sue, he believed they should not be able to do that.  The law does not say that.  They call this “coming to the nuisance”.  The property owners could bring a suit for damages or abate the nuisance.  They could also sue for an injunction and seek to close the auction business. He and his client believe this is a very real and serious threat.  That is the reason they have come to the Council to protect this business.

 

There are zoning principles that the City has seemed to follow historically that say when moving from a low density, low impact to a high impact use, you do so in phases of transition and with a buffer.  The plan presented provides none of that.  Mr. Lindstrom presented a City zoning map to be reviewed.  The M-1 zone has located in it Platte Valley Auction and UAP Chemical warehouse.  A narrow strip on the south side of 16th Street that is zoned R-1 and everything to the south of that is R-1.  He suggested that the R-2 is there because it was decided in prior planning decisions to create a transition or buffer between M-1 to the north, 16th Street and the truck traffic that is traveling on 16th Street due to the industrial use in the area.  What this applicant is proposing to do is jump over and ignore that buffer and ignore the fact there is R-2 there. 

 

Mr. Lindstrom suggested that the applicant could decide to put an M-1 use in the backyard of these homes.  They do not believe that is appropriate zoning.  Mr. Lindstrom has represented UAP previously and regarding them and Huss Platte Valley, 16th Street going east and west is their primary route in and out.  Traffic going south primarily uses 16th Avenue or 9th Avenue.  He suggested they could have done a better job of creating alternative routes, but did not plan for that at the time of the development, which could cause conflicts in the future.  Putting 18 single family houses on 16th Street with a minimum of 14 curb cuts and driveways and with the inevitable parking on the street to the north side of 16th Street, will impact the truck traffic on that street and the safety of the children who live in those homes.  He recalled that ten years ago when dealing with this issue, that people in that neighborhood were very concerned with that particular issue.  He didn’t believe that issue gets any better with this proposal.

 

Mr. Lindstrom was asked to comment on the buffer of more than a City block being sufficient.  Mr. Lindstrom stated he believed that argument was made to say, “Why should Huss Platte Valley care?”  It does not address what happens to resolve conflicts that arise when you already have M-1 zoning there and you put R-1 next to it.  Their plan does not answer the question about what they are going to do with the intervening land.  Council member Buschkoetter indicated that he lives on 11th Street and he get odor from the Huss Platte Valley operation.  There are going to be times that the closer you get, the more offensive it will be to some people.  From their standpoint, a block might not be far enough, but the line of demarcation that we have today is 16th Street. 

 

Council member Buschkoetter stated that he agrees with Mr. Butler’s point that if a factory goes into that area there is also the possibility of a nuisance suit against that type of business.  Mr. Lindstrom responded that it has to be clear about the fact this is zoned for light industrial. There is a list of uses in the City Code that would be allowable in the M-1 zone, such as storage garages.  Mr. Lindstrom posed the question about why a factory would want to build a factory there and bring trucks into that area?  He believed there are valid M-1 uses that the applicant can make of this property or sell it to somebody, who will make it fit within the character of the neighborhood, but would not create a problem.

 

Mayor Hadley asked what the difference is between a residential property owner and an industrial property owner filing a lawsuit against Huss Platte Valley?  Mr. Lindstrom responded the danger is that anyone in that neighborhood could do that, but a judge or jury would have to say that is in the “eye of the beholder”.  They know now that this business has operated there for the last 30 years with relatively few complaints.  Mr. Huss and his staff have been very careful to comply with City Codes and whenever asked have complied on issues.  Due to the fact they have fewer sales than in the past, they are able to police the area better and ship out the manure.  The neighbors and the business are now operating without major complaints or civil suit.  Moving the houses closer will increase the risk of that happening. 

 

John Shafer, 1306 14th Avenue, voiced his objection to this rezoning.  This was his third appearance on the same issue.  The first time he came forward with over 1,500 signatures objecting to rezoning from M-1 to R-2 before there was a neighborhood association.   At that time they had safety issues which are still a concern.  The City Council denied it at that time.  The second time, the proposal was basically the same except it changed from duplexes to townhouses.  He has visited with both sides.  When he was first told this would be turned into single family dwellings, he agreed.  Once he saw the map, he became concerned with the congestion of potentially 72 more vehicles in that area.  The density of that area was still a concern.  They have major problems with many cars in the R-2 zones.  There are three different areas in that R-2 zone.  One has been turned into a place for college kids and the City has been notified of violations there on numerous occasions.  He does like the proposal of single family dwellings but suggested to increase the lot size for less houses. He has been in the area for over 20 years and Mr. Huss has been a good neighbor.  He has visited with Mr. Huss on numerous occasions and appreciates what he has done for the neighborhood and wants to see him continue in that area.  Whatever comes in must be complimentary to the auction.  When they went door to door with the petitions, they explained to everyone the uses that are allowable in the M-1 zone so believed that people in that area are aware of what can go in there.  They also discussed the safety of their children walking back and forth to school, snow emergencies, (referring to a number of vehicles parked on the north side of 16th).

 

Robert Hibberd, 1206 13th Ave nue, stated although there is odor at times, he believed that the nuisance to him is very little.  If this was rezoned to R-1, there would be a lot of conflict.  He also believed that people should be told “buyer beware”.  Mr. Huss does an excellent job of keeping things cleaned up, but the truck traffic, the lights, noise and dust is going to horrendous to the people that move into this proposed area.  He is used to it, but he believed there would be a lot of complaints.  He thought it should be an M-1 zoning and R-1 is not the right one.

 

Amy Meier, 714 8th Street, stated she is somewhat surprised at members in the audience at this meeting.  She has been part of the Centennial Neighborhood Association for about a week, and has met on three separate occasions to discuss the zoning action talking place along 16th Street.  At first, many of the officers and one board member, Mr. Grapes, surveyed the area in question.  He showed a model of the type of homes that would be built along 16th Street and discussed the adequate buffer zone between this property and Mr. Huss’s livestock auction.  Then they met with Mr. Huss and he informed them of some of the reasons why we should reconsider this zoning action.  His first concern was potential nuisance lawsuits.  He is running a lucrative business and placing of homes along this property places his business at risk.  Mr. Huss is on their advisory board for the Centennial Neighborhood Association. 

 

After hearing both sides of this issue, the Centennial Neighborhood Association had a meeting and invited all 1,100 households in the area to attend.  Approximately 50 people attended this meeting. Mr. Huss and Mr. Grapes and representatives from UAP Chemical were there along with their attorneys.  All three individuals spoke at the meeting and the community had an opportunity to ask questions.  At the end of the meeting, it became apparent that their community was largely in support of rezoning the property to R-1.  That is why she was surprised at the reaction at this meeting.  If Mr. Grapes is not allowed to place houses along 16th Street, it is likely that this property will be developed into some type of industry.  This would create some type of industrial traffic, light or heavy.  They believe there is too much of that as it is in the area, which causes a dangerous situation. They believe that residential traffic would be safer for their children than industrial traffic.  Traffic will continue to be an issue regardless of what is placed along that property.  They believe that 16th Street, as it is built, would not be able to accommodate industrial traffic at all.  Any industry built in that area will find it difficult to access and place neighbors in harms way.

 

Ms. Meier stated that the Centennial Neighborhood Association itself is not taking a stand in making a formal opinion based on the meeting that was held a week ago.  She stated that the citizens who have come to her and made their opinions known to her have been largely in favor of changing this zoning to R-1.  This does not mean that everyone in the association agrees with that. This is the opinion of the people that have stepped forward.  There was no formal vote by the members.  The meeting was an open forum that was an educational event where they could hear both sides.  It is possible that those against the rezoning just did not contact the association with their opinion. 

 

John Obermiller, 1102-1106 West 16th Street, voiced his concern on the number of lots - 18.  He lives at Lot 1, Block 1 on the corner.  There will be two and one half curb cuts across the street from his property with people backing in and out.  His objection to this is the number of lots and 18 curb cuts that are going to be added to this street.  There is an emergency snow route in place that already had congestion.  He does not necessarily object to the R-1 rezoning, but believes this is a bad plan.  He has a business on 25th Street and has talked to the state about curb cuts and he would have to close one curb cut to do another.   He suggested that perhaps some of them could be turned to side streets, but that would still allow 14 curb cuts. There are only ten lots to the south and this plan will allow 14 plus curb cuts to the north, which he does not believe the street can handle.

 

Margaret Clark, 1617 8th Avenue, stated that Mr. Huss handles his operation very well; however, they get the smells, which can travel a long distance.  They also get the traffic off 16th Street.  In order to go to UAP Chemical, you have to come down 11th Street to 16th Street so it affects people there.  She would agree there is a lot of traffic.  John Shafer was correct about wanting safety for our children walking to school; however, there are sidewalks on the south side of 16th Street.  It would require that there would be sidewalks on the north side as well for children to walk.  The City in their wisdom wanted M-1 zoning on the edge of town, but probably did not envision the growth of residential in that area.  She moved into that neighborhood 30 years ago.  9th Avenue existed north of 16th Street and nothing more existed there at that time.  These areas are subject to change.  Nobody has brought up the plan the City had about nine years ago for the development of the southwest from the Canal to 30th Avenue and from the railroad tracks to the Interstate, which includes expanding 16th Street all the way out to 30th Avenue.  That would make an enormous change.  There is talk of putting a school over there, calling it a mixed residential area. This was only “floated” to see what happens.  Sometimes we must make accommodations to changes.  She would rather look at a row of houses as a person that lives close to that area.

 

City Planner Lance Lang stated that between incompatible uses, the Code requires a buffer of 20 feet at this time.  This could be changed if the Council decided.  The 20 feet has to be landscaped accordingly with evergreen, carnivore trees, pine trees, etc. for visual screening and to help cut down on the noise.  Council member Buschkoetter asked for some examples of existing M-1 where they have screened.  Mr. Lang recalled some commercial to residential examples, but could not think of examples of residential to industrial.  He said an example would be on 2nd Avenue, which was originally platted as residential and has become commercial.  They have the inherited problem where the lots are not very deep and not very well suited for commercial development.  Developers have to combine several of those lots in order to build a commercial project and then they still abut an existing residential neighborhood.  The Credit Union, new office buildings and Nebraska National Bank would all be good examples.  These are commercial to residential and there has to be that extra 20 foot and trees there.  The Code states that the buffer is to be provided by the more intensive use.  The industrial or commercial should in theory have to provide that buffer.  In zoning there are theories about transitions to divide buffer zones, but in real life, lines and uses do not always behave that way.  R-1 and M-1 are on opposite ends of the spectrum and are not the best fit.  South and southeast of Central there are some industrial and residential, but they are not as actively being developed and have not had any conflicts at this time. 

 

Council member Clouse asked in this case if the M-1 would have to provide the buffer for the R-1.  Mr. Lang replied that the applicant in this case might want to request that, but it is not part of the application.  He could not speak for the applicant.  Mayor Hadley asked for examples of light industrial.  Mr. Lang responded there are two categories for industrial.  M-2 is the heavier industrial, salvage yards and heavy industry and M-1 is more warehousing, distribution, wholesale type development, self-storage and some types of vehicle repair.  There are some requirements for outside storage to be screened.  Other than self-storage most of those uses would generate some truck traffic in his opinion.

 

Mr. Butler stated that with all that was presented at this meeting; a lot of the information has been about possibilities of nuisances and lawsuits in the future.  He thought it seemed a very poor reason not to do what is obviously the best use of this particular piece of property.  He believed this is an opportunity to allow this rezoning and as they bring back other projects for the north part of it, they will do things that will help with the kind of buffering needed in there.  As stated by the people that live there, they want to see residential on this property. 

 

Ronald Miller, 1102 West 16th Street, stated he also attended the association meeting and was not in favor of the rezoning and confirmed that not everyone was in favor. 

 

Dennis Burchell, 1519 16th Avenue, lives in and owns 3 rental duplex properties which all are directly across the street from the lots that are being discussed.  When they used to bring their cattle from Minden to the Huss Platte Valley they did not come from the south.  The route they would take was up Central Avenue to Railroad Street to the west across the railroad tracks and to the sales barn until that crossing was closed.  R-1 lots should be approved.  He compared the curb cuts proposed to those on 14th Avenue 15th Avenue, and 16th Avenue which also face east and west.  Tthey just look like a lot of curb cuts as compared to the curb cuts across the street for the R-2.

 

Council member Clouse stated that both of these are good businessmen are respected in the community.  His issue was with the zoning because he did not see this proposal working the way it is laid out in the City’s very clear cut zoning regulations and codes. He might reconsider if there were an additional development plan along with this proposal. 

 

Council member Kearney stated that in the past he has considered the recommendation of the Planning Commission because they make their decision based on their knowledge and time spent reviewing the project.  He agreed with their decision to deny.

 

Council member Buschkoetter stated his concerns are people moving into an area where a nuisance exists that might not be aware of it.  Even though this business has been there and has been “grandfathered in” over the last 60 years, he did not believe that the 315 feet for the buffer was still enough for a sale barn where the cattle sometimes come in the night before and other nuisances.  The philosophy of what zoning is – Is to protect the property owner and the best use of the land.  With the way this plan is set up, this would adversely affect a pre-existing use. This would pose a risk for the existing business. There should be a better plan for the future to make sure those buffers are in place.

 

Council member Lear stated this is a difficult issue.  As the community grows, the City is going to continue to be faced with these situations, not only here, but in other parts of the City.  He agreed with Council member Buschkoetter that the City needs to see a better conforming plan for this and it is not quite there.

 

Mayor Hadley agreed this involves two very competent business people.  His concern is that this plan only addresses a half block and is not a good comprehensive plan. 

 

Moved by Clouse seconded by Lear to close the hearing and deny the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Business Park” to “Low Density Residential” property described as a tract of land being part of the Southwest Quarter of Section 2, Township 8 North, Range 16 West of the 6th P.M., containing 3.84 acres, more or less, Buffalo County, Nebraska (north of 16th Street and west of 11th Avenue and east of 16th Avenue) and deny Resolution No. 2006-3 with the following findings with regard to this development: (1) it would create an adversarial relationship between neighbors with conflicting uses that are close together; (2) it would limit the ability to transition the area from residential to more of an industrial/commercial use; and (3) it may put future homeowners in a position of purchasing a property without being fully aware of the extent of a neighboring property owner’s use or its affects on their use of the property. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

REZONING – NORTH OF 16TH STREET AND WEST OF 11TH AVENUE AND EAST OF 16TH AVENUE

 

Moved by Kearney seconded by Clouse to remove from the table Public Hearing 2 on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Sun Development, Inc., Ronald L. Grapes, and Robert R. Kuhn (Owners) to rezone from “District M-1, Limited Industrial District” to “District R-1, Urban Residential Single Family District” property described as a tract of land being part of Lots 1 and 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street and west of 11th Avenue and east of 16th Avenue). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Moved by Lear seconded by Buschkoetter to close the hearing and deny the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Sun Development, Inc., Ronald L. Grapes, and Robert R. Kuhn (Owners) to rezone from “District M-1, Limited Industrial District” to “District R-1, Urban Residential Single Family District” property described as a tract of land being part of Lots 1 and 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street and west of 11th Avenue and east of 16th Avenue) with the following findings with regard to this development: (1) it would create an adversarial relationship between neighbors with conflicting uses that are close together; (2) it would limit the ability to transition the area from residential to more of an industrial/commercial use; and (3) it may put future homeowners in a position of purchasing a property without being fully aware of the extent of a neighboring property owner’s use or its affects on their use of the property. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

FINAL PLAT – G & K FOURTH ADDITION

 

Moved by Kearney seconded by Clouse to remove from the table Public Hearing 3 on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Sun Development, Inc., Ronald L. Grapes, and Robert R. Kuhn (Owners) for final plat approval for “G & K FOURTH ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska, for a tract of land being part of Lots 1 and 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street and west of 11th Avenue and east of 16th Avenue). Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and deny the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Sun Development, Inc., Ronald L. Grapes, and Robert R. Kuhn (Owners) for final plat approval for “G & K FOURTH ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska, for a tract of land being part of Lots 1 and 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street and west of 11th Avenue and east of 16th Avenue) and deny Resolution No. 2006-4 with the following findings with regard to this development: (1) it would create an adversarial relationship between neighbors with conflicting uses that are close together; (2) it would limit the ability to transition the area from residential to more of an industrial/commercial use; and (3) it may put future homeowners in a position of purchasing a property without being fully aware of the extent of a neighboring property owner’s use or its affects on their use of the property. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

DEVELOPMENT PLAN FOR WAL-MART FUELING STATION; 5411 2ND AVENUE

 

Mayor Hadley opened the public hearing on the Application submitted by Kendra Buhlig from CEI Engineering for Wal-Mart Fueling Station (Applicant) and Wal-Mart Real Estate Business Trust (Owner) for Planned District Development Plan Approval for the construction of a fuel station on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lots 2 and 4 of Block 1, Skiview Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5411 2nd Avenue) and to consider approval of Resolution No. 2006-14.

 

Planning Commission recommended approval subject to compliance of the following conditions: (1) Any existing landscaped area that is disturbed shall be repaired and/or replaced; (2) The applicant shall provide an easement for sanitary sewer if it crosses private property at Barney Insurance Company; (3) All four sides of the building exterior shall be consistent with the design and structure of the existing Wal-Mart building (split face concrete masonry units appearance).

 

The applicant is requesting approval to construct an automobile fueling station in the southwest corner of the existing Kearney Wal-Mart parking lot.  The property is zoned C-2/PD.  Any additions to the site, such as the proposed fuel pumps, require Planning Commission and City Council review and approval.

 

The proposal consists of a single 24 x 8 foot kiosk and a 3,431 square foot canopy 18 feet in height with four fuel islands.  The kiosk contains a unisex bathroom.  Staff offers the following comments for consideration:

(a)           The traffic circulation and vehicular stacking space are adequate.  However, it appears some adjustments may be required for the seasonal landscape sales area, which has historically been located adjacent to the proposed fueling site.

(b)           Any existing landscaped area that is disturbed shall be repaired.  Damaged or dead plant material shall be replaced.  If existing landscaped area is removed it shall be relocated nearby for no net loss of landscaping.

(c)           The kiosk will be served by sanitary force main through a private service to the east side of the kiosk.  An easement is required if the sewer service crosses adjacent private property at Barney Insurance Company.  Any disturbed area including paving, landscaping, and underground sprinklers shall be repaired or replaced to original condition.

(d)           Stormwater detention is handled on-site with the existing drainage pattern, storm pipe and detention cell.

(e)           The kiosk building shall be constructed of masonry on all four sides.

 

Mr. Bassam Zieda from CEI Engineering presented this matter to the Council. He stated that they agree with all recommendations by the Planning Commission.  This is the usual configuration for the Wal-Mart fuel stations.

 

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 Kendra Buhlig from CEI Engineering for Wal-Mart Fueling Station (Applicant) and Wal-Mart Real Estate Business Trust (Owner) for Planned District Development Plan Approval for the construction of a fuel station on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lots 2 and 4 of Block 1, Skiview Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5411 2nd Avenue) and approve Resolution No. 2006-14 subject to compliance with the following conditions: (1) Any existing landscaped area that is disturbed shall be repaired and/or replaced; (2) The applicant shall provide an easement for sanitary sewer if it crosses private property at Barney Insurance Company; (3) All four sides of the building exterior shall be consistent with the design and structure of the existing Wal-Mart building (split face concrete masonry units appearance). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-14

 

            WHEREAS, Kendra Buhlig from CEI Engineering for Wal-Mart Fueling Station (Applicant) and Wal-Mart Real Estate Business Trust (Owner) have applied for Planned District Development Plan Approval for the construction of a fuel station on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lots 2 and 4 of Block 1, Skiview Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5411 2nd Avenue).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Kendra Buhlig from CEI Engineering for Wal-Mart Fueling Station (Applicant) and Wal-Mart Real Estate Business Trust (Owner) for District Planned Development Plan Approval for the construction of a fuel station on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lots 2 and 4 of Block 1, Skiview Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5411 2nd Avenue) be approved subject to compliance of the following conditions:

            (a)        Any existing landscaped area that is disturbed shall be repaired and/or replaced.

            (b)        The applicant shall provide an easement for sanitary sewer if it crosses private property at Barney Insurance Company.

            (c)        All four sides of the building exterior shall be consistent with the design and structure of the existing Wal-Mart building (split face concrete masonry units appearance).

PASSED AND APPROVED THE 14TH DAY OF FEBRUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

DEVELOPMENT PLAN FOR MEDICAL BUILDING; 5308 PARKLANE DRIVE

 

Mayor Hadley opened the public hearing on the Application submitted by Paul Brungardt from Brungardt Engineering (Applicant) for Brett Weiss and Jeff Sikes (Owner) for Planned District Development Plan Approval for the construction of an office building on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 3 of Block 1, except the south 245.0 feet thereof, Skiview Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5308 Parklane Drive) and to consider approval of Resolution No. 2006-15.

 

Planning Commission recommended approval of the Development Plan for this property subject to the following conditions:

  • The proposed trash dumpster shall be angled slightly to the southeast for better accessibility, or two 90-gallon rollouts can be used, one on each end of the building.
  • Drainage and detention can be served by the existing Wal-Mart detention cell immediately adjacent to the north of this site, if the owner coordinates with Wal-Mart.
  • An easement shall be required to cross private property and tap the existing pipe.
  • The outfall in the detention cell may require rip rap for erosion control.
  • The applicant shall relocate one of the proposed street trees to each end of the parking lot island (two total trees relocated).
  • The remaining street trees can be spaced accordingly.
  • The shrubs shown in the island shall remain and can be adjusted to accommodate the trees.
  • The applicant shall provide a Knox Box for the building.

 

The applicant is requesting approval to construct an office building at 5308 Parklane Drive behind Wal-Mart.    The property is zoned C-2/PD.   The applicant is requesting approval of the shell only, as the layout of the interior space is undetermined until future tenants can identify their needs.  The tenants will most likely be medical services related.  This site was previously before the Planning Commission for Development Plan approval for multi-family development which was not carried out, even though the plans were approved by Commission and Council.  The current proposal is preferable to staff.

 

The building contains 14,627 square feet of floor area.  59 off-street parking spaces are required and 60 are provided.  Staff offers the following comments for consideration:

(a)     The proposed trash dumpster is in an acceptable location; however, it should be angled slightly to the southeast for better accessibility or two 90-gallon rollouts can be used, one on each end of the building.

(b)     Drainage and detention can be served by the existing Wal-Mart detention cell immediately adjacent to the north of this site, if the Owner coordinates with Wal-Mart representatives.  An easement will be required to cross private property and tap the existing pipe.  The outfall in the detention cell may require rip rap for erosion control.

(c)     A Landscape Plan is provided.  There are two more trees than required on the street frontage and no trees in the parking lot island.  Staff suggests relocating one of the proposed street trees to each end of the island (two total trees).  The remaining street trees can be spaced accordingly.  The shrubs shown in the island shall remain and can be adjusted to accommodate the trees.

(d)     The proposed architectural detail and building materials are of the Colonial style with brick facades on all four sides.  This attractive architecture exceeds the standards required by code and will blend nicely with the residential character of the neighborhood to the east.

(e)     KVFD requests a Knox Box for this building (provides fire department access to the building at any time).

 

Paul Brungardt from Brungardt Engineering presented this matter to the Council.  He stated they have implemented the eight items of the Planning Commission’s recommendations into their plan.  He explained that a Knox Box is installed to hold the keys so that if the Fire Department needs to gain access they are able to do so.  They have done this on a number of new 8-plexes and commercial buildings.  The angle of the dumpster location is being modified for easier access.

 

Mayor Hadley commended the Planning Commission for their quality work.  The members go to a great amount of detail to bring complete details to the Council. He always feels comfortable with the job the Planning Commission does along with the City staff.  This project was a prime example of their work.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the Application submitted by Paul Brungardt from Brungardt Engineering (Applicant) for Brett Weiss and Jeff Sikes (Owner) for Planned District Development Plan Approval for the construction of an office building on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 3 of Block 1, except the south 245.0 feet thereof, Skiview Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5308 Parklane Drive) and approve Resolution No. 2006-15 subject to compliance with the following conditions: (a) The proposed trash dumpster shall be angled slightly to the southeast for better accessibility, or two 90-gallon rollouts can be used, one on each end of the building; (b) Drainage and detention can be served by the existing Wal-Mart detention cell immediately adjacent to the north of this site, if the Owner coordinates with Wal-Mart representatives; (c) An easement shall be required to cross private property and tap the existing pipe; (d) The outfall in the detention cell may require rip rap for erosion control; (e) Applicant shall relocate one the proposed street trees to each end of the parking lot island (two total trees relocated); (f) The remaining street trees can be spaced accordingly; (g) The shrubs shown in the island shall remain and can be adjusted to accommodate the trees; and (h) Applicant shall provide a Knox Box for the building. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-15

 

            WHEREAS, Paul Brungardt from Brungardt Engineering (Applicant) for Brett Weiss and Jeff Sikes (Owner) have applied for Planned District Development Plan Approval for the construction of an office building on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 3 of Block 1, except the south 245.0 feet thereof, Skiview Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5308 Parklane Drive).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Paul Brungardt from Brungardt Engineering (Applicant) for Brett Weiss and Jeff Sikes (Owner) for District Planned Development Plan Approval for the construction of an office building on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 3 of Block 1, except the south 245.0 feet thereof, Skiview Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5308 Parklane Drive) be approved subject to compliance of the following conditions:

      (a)  The proposed trash dumpster shall be angled slightly to the southeast for better accessibility, or two 90-gallon rollouts can be used, one on each end of the building.

      (b)  Drainage and detention can be served by the existing Wal-Mart detention cell immediately adjacent to the north of this site, if the owner coordinates with Wal-Mart.

      (c)  An easement shall be required to cross private property and tap the existing pipe.

      (d)  The outfall in the detention cell may require rip rap for erosion control.

      (e)  Applicant shall relocate one the proposed street trees to each end of the parking lot island (two total trees relocated).

      (f)   The remaining street trees can be spaced accordingly.

      (g)  The shrubs shown in the island shall remain and can be adjusted to accommodate the trees.

      (h)  Applicant shall provide a Knox Box for the building.

PASSED AND APPROVED THE 14TH DAY OF FEBRUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

CAPITAL IMPROVEMENT PLAN

 

Mayor Hadley stated that Public Hearings 6 and 7 can be discussed together but voted on separately.

 

In July of 2005, the City announced new efforts to develop and prioritize capital improvement projects within the community. From July through September of 2005 a comprehensive effort to gather citizen input regarding capital improvement needs was completed. This effort included listening sessions, town hall meetings, surveys, and suggestion cards. Based on the input, the City Council decided that a sales tax election should be held as without new revenues, the City would not be able to continue its past high levels of services and capital improvements and would continue to fall behind in maintaining its infrastructure.

 

In order to maintain and improve public infrastructure and to complete the capital projects presented by the citizens, the City Council decided to place the question of imposing a sales and use tax in the amount of ½ percent in addition to the one percent currently in effect to the citizens of Kearney.  A Special Election was held on November 15, 2005 and by a vote of 76%, the citizens approved the ½ percent sales tax which will go into effect on April 1, 2006.

 

Since there was a strong desire in the community and City Council members to replace the Activity Center at Harmon Park, the City held an informational meeting on February 1, 2006 to gather input from the citizens. At that meeting, there were representatives from the Kearney Area Arts Council, Special Olympics, People First, the Dance Club, Girl Scouts and Tae Kwon Do that gave suggestions for a new Activity Center.

 

The Council will conduct a public hearing on the Capital Improvement Plan to allow citizens to give input. April 25, 2006 has been tentatively set as the date for the City Council Retreat to discuss the Long Range Goals and the Capital Improvement Plan.  There is no doubt that the Activity Center is in dire need of replacement. City staff is recommending the Council authorize this project to move forward and to have the project designed and presented to you in the near future.

 

The City has created a fund entitled “Special Sales Tax – Capital Improvements/ Equipment Fund” to place the proceeds of the ½¢ sales tax. The ½¢ sales tax collected will be used specifically for funding capital improvements/equipment.

 

Roger Jasnoch, President of Kearney Area Chamber of Commerce reported on the items that his board has prioritized since the passing of the sales tax proposal.  Many of these are covered in the One and Six Year Plan.  To bring the Cherry Avenue Bypass to reality at a quick pace, to exchange with the State making an area of 2nd Avenue a part of the City for traffic lights and improvement of sidewalks, to work with developing the Kearney shopping areas to increase business, to work with the County with 39th Street going east to the fairgrounds to shuttle from the industrial park, to work with parks and sports centers to bring in outside teams which is getting very competitive, to work on a water park and Yanney Park for things to improve the quality of life issues, and to enhance the public library.

 

Council member Lear stated that since their board had not taken the opportunity to evaluate the Olsson and Associates study that made a number of recommendations. He would appreciate the Chamber taking some time to review it and identify any potential problems they see in the City implementing them. 

 

Randy DeFreece, 1010 East 48th Street read a statement prepared on behalf of the Park and Recreation Advisory Board. The Kearney Park and Recreation Advisory Board thanked the City of Kearney for the leadership on the sales tax proposal.  They recommended that their highest priority for the sales tax funds is replacement of the Harmon Park Activity Center.  

 

Marvion Reichert, Rolling Hills, stated that at first he was against the ½ cent sales tax increase, but voted in favor of it.  He also was against a skate park, but has since seen some young people, who would benefit from it.  He hoped it would be on the list.  He wished that the City and the County could get together with extending 39th Street west. 

 

Dan Bahensky, 3 Kings Court, stated that he is a citizen of Kearney and President of the Kearney Library Board.  In October 2004, he wrote a letter to the editor concerning the need to expand the Library.  They put together a proposal and discussed with the various organizations about the project.  Since that time, the half cent sales tax has passed and they have updated their statistics from the Library.  At the time of that article there were 35,600 cardholders at the Library at the end of 2003.  They have updated their records to 39,035 cardholders.  At that time they had 200,000 visitors in a year’s time (614 people a day average).  During 2005 the Library had 245,301 visitors, which is 721 people every day for 340 days a year.  This is a 10-15 percent increase.  Circulation of materials has continued to expand.  There has been a 33 percent growth in the last year. During 2003 there were 312,000 items going in and out and during 2005 there were 487,000 articles in and out.  They need some support for additional Library space.   They want to make sure the Council understands the needs for the Library, although there are many good projects out there.

 

Jayne Meyer reported on the progress that the Downtown Improvement Board has made.  They have come up with some new ideas since they are diversified and not just retail any more.  They are bringing some activity downtown.  They are “rebranding” downtown Kearney called “The Bricks” between Central Avenue and 25th Street and 2nd Avenue and 22nd Street. 

 

Mayor Hadley stated they were willing to continue to make downtown a great place. He said when he talks about downtown; he is talking about north and south of the tracks.  Their objective is to market both north and south as they all work together.

 

Rhoda Brown, 1512 Avenue B, stated over the last year a lot of information has been put in about projects needed during the many meetings that have been held.  Every project deserves a spot on the list.  She urged the City to consider streets and sidewalks when these projects are done.  

 

City Manager Michael Morgan stated that they are going to bring back a full financing plan to the Council.  It is important to know how these projects will be spread out over time and what is available to them.  He gave a word of caution that the sales tax is a tax that can fluctuate a great deal and it is important to be prepared for future needs. The fund will be a reserve component built in as a policy.  The policy will also have the flexibility to fund projects that come up unexpectedly.  The project that they heard a great deal about is the Harmon Park Activity Center.  If the Council desires, they are ready to move forward with a design. 

 

Council Member Buschkoetter asked what the $1.7 million figure is based on for the Activity Center and how fluid is that number.  City Manager stated they are trying to establish a maximum number, not necessarily an exact project at this point.  There was an estimated cost a few years ago and asked Scott Hayden to address that question.

 

Recreation Superintendent Scott Hayden stated in 2001 there was an initial plan from Clark Enersen at a cost of approximately $1 million.  Two years ago, they got an update reflecting inflation of $1.2 or $1.3 million range.  This was for a generic building to replace what is currently there.  The existing building is 5,400 square feet and the new one is approximately 6,000 square feet.  With the location of building in the Park, it presents some challenges and limitations in that space. The plan is to attach to the existing restrooms rather than the cost of putting in new restrooms. There were some concerns brought up in the listening sessions that need to be addressed.  City Manager stated that this figure would include parking and other amenities.  Engineer Paul Brungardt stated the cost would be approximately $210 per square foot which is typical construction.  City Manager stated that the building would have an unfinished basement with an elevator and they would look at the parking.  This is only for guidelines; the design would be brought back to the Council for approval before going out for bid. 

 

Director of Finance Wendell Wessels reported that the new sales tax will go into effect on April 1, 2006.  The tax will be collected throughout April and sent to the State Department of Revenue on May 23rd and the state will send the check the following month to the City.  There will be about a two-month delay from the month of collect.  The first collection for April would be received in June.  The City would have four months of collection although collected for 6 months.  He estimated collecting approximately $900,000 for the fiscal year.

 

Council member Lear stated that the City would want to balance the cost of these projects against each other as priorities are set.  His hope is that the City does not settle to be a “little too cheap” on these projects like the Harmon Park Activity building.  He pointed out that putting in an elevator but not finishing the basement at this time.  He wanted them to consider if it is appropriate to get in, get this project done and move on to the next priority project or to use the dollars to make full use of it.  Council member Buschkoetter agreed and believed the evaluator should be in place so that everyone has the opportunity to use the facility.  City Manager stated it is important on these projects to provide adequate surface parking which will increase the cost, but needs to be done.  The day a public building opens, storage is a concern and the cost of a basement is an example of what we should consider.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and authorize Administration to proceed with the design and construction of the Harmon Park Activity Center at an estimated cost of $1.7 million. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

ONE AND SIX YEAR STREET IMPROVEMENT PLAN

 

Mayor Hadley opened the public hearing on the One and Six Year Street Improvement Plan and to consider approval of Resolution No. 2005-16.

 

The Department of Roads, and each county and municipality shall develop and file with the Board of Public Roads Classifications and Standards a long-range, six-year plan of highway, road and street improvements based on priority of needs and calculated to contribute to the orderly development of an integrated statewide system of highways, roads, and streets.  In accordance with Section 39-2119 of the Nebraska Revised Statutes, the City of Kearney is required to submit to the Nebraska Department of Roads (NDOR) a One and Six Year Plan for street improvements prior to March 1 of each year. City Council has received the proposed plan and, in accordance with the law, must conduct a public hearing for soliciting input from the Council and citizens.

 

City Engineer Bruce Grupe stated the majority of 39th Street to the west is not in the City limits.  The City’s portion is north of Meadowlark Hills Golf Course.  They have another format that has been added to address the 17th Avenue Viaduct to keep citizens informed about the status of unfounded items.  These items are important to the community, but not certain how they will be funded yet.  These will be on our City website eventually. 

 

City Manager Michael Morgan stated that these unfunded projects will be listed and as times or finances change and developer’s interests change, the projects might move up. The State mandates the implementation of a One and Six Year Plan, but as a City, it looks at the capital improvement as a whole.  After this hearing tonight, City staff will bring back a financing plan for capital improvements. They will combine the typical capital improvements with the possible sales tax projects.  He believed that it was important to see the entire scope of these projects as one. 

 

Mayor Hadley suggested the City continue to work closely with the State on the 2nd Avenue Overpass to make certain that the City gets the best it can since it will be the City’s responsibility someday.  Since this will disrupt traffic, the City needs to plan this as well as it can to minimize the disruption.   

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the One and Six Year Street Improvement Plan and approve Resolution No. 2005-16. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-16

 

            WHEREAS, the City of Kearney, Nebraska is required by Section 39-2119 of the Nebraska Revised Statutes to adopt a One and Six Year Street Improvement Program.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, at a Public Hearing held at approximately 7:00 p.m. on February 14, 2006, in the Kearney City Council Chambers that the One Year City Street Plan for fiscal year ending September 30, 2007 and the Six Year City Street Plan ending September 30, 2012, are hereby adopted as listed on the Summary of One Year Plan and the Summary of Six Year Plan, marked as Exhibit “A” attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 14TH DAY OF FEBRUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Mayor Hadley stated the City received a letter on Monday from Robert Bonk requesting to address the City Council on Item 14 which is the application for a Special Designated License submitted by Bill’s Liquor to serve alcohol at a foundation meeting at UNK on March 18, 2006. Item 14 was removed from the Consent Agenda to discuss. 

 

Moved by Buschkoetter seconded by Hadley that Subsections 1 through 13, 15, and 16 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 January 24, 2006.

 

2.         Approve the following Claims: Alltel $2,740.24 smcs; Anderson Ford $15,568.00 co; Anderson,B $40.65 smcs; Anderson,S $227.66 smcs; Andrus,T $21.00 smcs; Ask Supply $157.50 smcs; B&B Auto Glass $135.00 smcs; Baker & Taylor $2,309.32 smcs; Barco Municipal $3,398.70 smcs; Barney Abstract $2,190.00 co; BBC Audiobooks $593.64 smcs; Beatty,S $17.00 smcs; Beckenhauer,T $11.21 smcs; Big Flag Farm $76.80 smcs; Bluecross Blueshield $113,979.41 smcs; Bob's Super Store $19.20 smcs; Boli,M $32.82 smcs; Bosselman $4,180.00 smcs; Broadfoot's $92.50 smcs; Brown,A $49.00 smcs; Bruha,S $66.00 smcs; Buffalo Co Court $242.42 ps; Buffalo Co Reg of Deeds $48.00 smcs; Builders Warehouse $260.03 smcs; Cash-Wa Distributing $134.00 smcs; Central Fire $54.50 smcs; CHAD $24.00 ps; Chambers,C $17.74 smcs; Chambers,T $2.26 smcs; Charter $135.69 smcs; Chief Industries $100,831.50 co; City of Ky $224,864.97 smcs,ps; City of Salina $951.66 ps; CMI $95.17 smcs; College Savings Plan of NE $50.00 ps; Copycat Printing $551.33 smcs; Corr,S $15.00 smcs; Cowpoke $50.00 smcs; Crossroads Ford $166.60 smcs; Culligan $312.08 smcs; Dawson Co PPD $1,281.79 smcs; Deeter Foundry $2,122.00 co; Dell $1,700.05 smcs; Demilt,D $23.66 smcs; Depository Trust $38,540.00 ds; Designer Craft $551.83 smcs; Double M Farms $2,000.00 smcs; Dutton-Lainson $139.39 smcs; Eakes $4,499.03 smcs,co; Ecolab $27.00 smcs; EDM Equipment $1,224.04 smcs; Eirich,T $50.00 smcs; Elliott Equipment $105.00 smcs; Elliott,J $338.00 smcs; Engels,D $11.21 smcs; Farmers Union $804.80 smcs; Fiddelke Heating $85.00 smcs; Fireguard $17,941.19 smcs,co; Fobie,C $15.00 smcs; Fore!Reservation $1,100.00 smcs; Frontier $8,096.98 smcs; Fyr-Tek $321.70 smcs; Gall's $688.96 smcs,co; Garrett Tires $537.77 smcs; Gary's I-80 $45.00 smcs; Gealy's Greenhouse $590.12 smcs; GIS Workshop $650.00 smcs; Glazier,R $24.50 smcs; Grainger $1,688.25 smcs; Great Amer Outdoor $174.18 smcs; Great Plains One Call $248.43 smcs; Green,D $7.00 smcs; Gryphon Wireless $15,000.00 co; Harshbarger,K $23.40 smcs; Hebb,L $36.00 smcs; Heineman,J $20.00 smcs; Heritage Bank $775.75 smcs; Hoehner Turf $975.00 smcs; Holiday $20.74 smcs; Holmes Plumbing $3.95 smcs; Hometown Leasing $511.91 smcs; ICMA RC $2,623.13 ps; IRS $84,744.54 ps; ISDN $188.25 smcs; Jack Lederman $462.16 smcs; Johnson,S $104.69 smcs; Jones,J $14.12 smcs; Ky Area Storytelling $500.00 smcs; Ky Area United Way $585.24 ps; Ky Chamber of Comm $8.00 smcs; Ky Clinic $136.00 ps; Ky Concrete $2,669.06 smcs,co; Ky Crete & Block $400.03 co; Ky Hub $6,628.67 smcs,co; Ky Visitors Bureau $9,060.91 smcs; Kirkham Michael $10,440.28 co; Koetters,J $11.21 smcs; Kolar,J $11.70 smcs; Kooyman,R $200.00 ps; Kresser,R $18.73 smcs; Lang,L $132.56 smcs; Laughlin,K $360.00 ps; Law Enforcement Equip. $87.75 smcs; Liming,M $13.69 smcs; Linweld $11.37 smcs; Luke,D $11.70 smcs; Mages,L $25.51 smcs; Magic Cleaning $250.00 smcs; Mail Express $114.17 smcs; Manary,M $11.70 smcs; McDermott & Miller $17,240.00 smcs; McGregor,R $40.00 smcs; McInturf,R $2,500.00 smcs; MES-Mid America $2,591.33 smcs; Meteorlogix $567.00 er; Metlife $4,107.61 ps; Mid America Pay Phones $100.00 smcs; Midwest Turf $349.00 smcs; Mieth,T $34.26 smcs; Milco $2,339.50 smcs; Miller & Associates $13,526.72 co; Misko Sports $25.00 smcs; Moonlight Embroidery $702.00 ps; Morgan,M $175.01 smcs; Mosbarger,B $200.00 ps; Mulroney,N $28.49 smcs; Municipal Clerk Institute $375.00 smcs; Municipal Supply $5,366.06 smcs; Nat'l Arbor Day Found. $25.00 smcs; NWWA $13,485.08 smcs; NE Child Support $1,356.98 ps; NE Concrete Paving Assoc $120.00 smcs; NE Crime Commission $3.00 smcs; NE Dept of Environmental $150.00 smcs; NE Dept of Revenue $25,994.84 ps; NE Environmental Trust $10.00 smcs; NE Forest Service $90.00 smcs; NE Health Lab $12.00 smcs; NE IAI $20.00 smcs; NE Library Assoc $60.00 smcs; NE Machinery $2,900.00 ds; NeRPA $120.00 smcs; Newman Traffic Signs $96.98 smcs; Northwestern Energy $22,687.01 smcs; Odens,D $2,500.00 smcs; Office Depot $689.59 smcs; Paramount $266.64 smcs; Patterson,B $49.07 smcs; Paul A. Otto Curb Grinding $117.00 co; Paulsen $15,313.52 co; Payflex Systems $891.25 smcs,ps; Payne-Larson Furniture $1,320.86 co; PCAN $50.00 smcs; Pepsi-Cola $107.80 smcsPetersen,R $31.20 smcs; Pitney Bowes $1,504.00 smcs; Platte Valley Comm $502.85 smcs; Presto-X $238.00 smcs; Random House $678.00 smcs; Ready Mixed Concrete $2,547.72 smcs,co; Reams $6,299.26 smcs; Recorded Books $898.49 smcs; Riverside Animal Hospital $4,610.00 smcs; Road Builders $236.77 smcs; Rogers, Ashley $57.06 smcs; Safety-Kleen $244.45 smcs; Sapp Brother Petroleum $18,236.20 smcs; Schaaf,K $5.22 smcs; Schaben Industries $5,483.00 smcs; Schrock Chiropractic $58.91 smcs; See Clear Cleaning $1,900.00 smcs; Sheen,S $54.90 smcs; Sherwin-Williams $190.33 smcs; Sirchie $388.20 smcs; Snap-On Tools $116.25 smcs; Solid Waste Agency $77,194.39 smcs; Solid Waste Equipment $7,992.83 smcs; State of NE/DAS $19.01 smcsStocker,K $9.00 smcs; Story,G $41.20 smcs; Streicher's $262.45 smcs; Suchsland,T $10.68 smcs; Sun Life Financial $19,983.16 smcs; Sunset Printing $519.28 smcs; Sutphen Corporation $160.00 smcs; Sydow,J $40.00 smcs; Taylor,K $15.00 smcs; Tee's Plus $14.03 smcs; Temoshek,M $14.00 smcs; Thome,B $23.40 smcs; Thomson Gale $56.15 smcs; Tiger Direct $3,286.20 smcs; Towler,K $44.25 smcs; Tracy,E $29.36 smcs; Troudt,J $37.65 smcs; Tubbs,A $14.06 smcs; Tye & Rademacher $8,521.40 smcs; Union Oil $16,387.00 smcs; University of NE Tree Care $45.00 smcs; UPS Store $56.42 smcs; Urbanek,G $38.52 smcs; Village Uniform $779.87 smcs; Villalpando,O $40.00 smcs; Walters Electric $1,848.48 smcs,co; Water Products $1,306.61 smcs; Wick's $1,367.08 smcs; Wiederspan,R $171.88 smcs; Wilbur Manufacturing $1,155.00 co; Wilke-Donovan's $4.04 smcs; Wilson,T $321.67 smcs; Woodside,M $104.04 smcs; Xerox $368.85 smcs,co; Yellow Van Cleaning $275.00 smcs; Zimmerman Printing $64.80 smcs; Payroll Ending 1-21-2006 -- $255,941.76; and Payroll Ending 2-4-2006 -- $257,712.65.  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 request submitted by the UNK Loper Programming and Activities Council to conduct the 4th Annual Fun 5K Race/Walk on April 22, 2006 beginning at 9:00 a.m. The Route will begin at UNK Thomas Hall on campus, west on the sidewalk parallel with 25th Street, north on the sidewalk of Lots 14a parallel with 15th Avenue, east in the right lane of eastbound traffic on University Drive, south on the sidewalk parallel with 9th Avenue, west on the sidewalk parallel with 25th Street, north and east in the right lane of the eastbound traffic on University Drive (near softball fields), south into the northwest entrance to the UNK Football field.

 

4.         Approve T-Hangar A-5 Lease Agreement between the City of Kearney and Joe Schnuerle for storage at the Kearney Municipal Airport and approve Resolution No. 2006-17.

 

RESOLUTION NO. 2006-17

 

BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the T-Hangar A-5 Lease Agreement, on behalf of the City of Kearney, Nebraska, with Joe Schnuerle, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 14TH DAY OF FEBRUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

5.         Approve T-Hangar C-4 Lease Agreement between the City of Kearney and Kent Schroeder for storage at the Kearney Municipal Airport and approve Resolution No. 2006-18.

 

RESOLUTION NO. 2006-18

 

BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the T-Hangar C-4 Lease Agreement, on behalf of the City of Kearney, Nebraska, with Kent Schroeder, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 14TH DAY OF FEBRUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

6.         Approve T-Hangar C-2 Lease Agreement between the City of Kearney and Roger Townsend for storage at the Kearney Municipal Airport and approve Resolution No. 2006-19.

 

RESOLUTION NO. 2006-19

 

BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the T-Hangar C-2 Lease Agreement, on behalf of the City of Kearney, Nebraska, with Roger Townsend, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 14TH DAY OF FEBRUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

7.         Approve the Consultant’s Agreement between the City of Kearney and Kirkham Michael & Associates for Airport Improvement Project 3-31-0045-17 for the purpose of upgrading the lighting on Runway 13/31, Taxiway “C”, and Foxtrot Taxiway and approve Resolution No. 2006-20.

 

RESOLUTION NO. 2006-20

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President of the Council be and is hereby authorized and directed to execute the Consultant’s Agreement with Kirkham Michael & Associates for Airport Improvement Project No. 3-31-0045-17 for upgrading lighting on Runway 13/31, Taxiway “C”, and Foxtrot “F” Taxiway.

            PASSED AND APPROVED THIS 14TH DAY OF FEBRUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

8.         Approve the bids received for the Apron/Taxilane Improvements at the Kearney Municipal Airport (AIP Project No. 3-31-0045-15) and approve Resolution No. 2006-21 awarding the bid to Werner Construction Inc. of Hastings, Nebraska in the amount of $1,022,349.85 subject to concurrence by the F.A.A. and federal funding is confirmed.

 

RESOLUTION NO. 2006-21

 

            WHEREAS, Kirkham Michael Consulting Engineers and the City of Kearney have reviewed the sealed bids which were opened on January 24, 2006, at 2:00 p.m. for AIP Project No. 3-31-0045-15 (Apron/Taxilane Improvements); and

WHEREAS, the said engineers have recommended the bid offered by Werner Construction, Inc. of Hastings, Nebraska be accepted as the lowest responsible bid subject to approval by the F.A.A.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Werner Construction, Inc. of Hastings, Nebraska be and is the lowest responsible bidder for AIP Project No. 3-31-0045-15 (Apron/Taxilane Improvements) to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Werner Construction, Inc. of Hastings, Nebraska in the sum of $1,022,349.85 be and is hereby accepted subject to approval by the F.A.A.

BE IT FURTHER RESOLVED that the President of the Council of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute contracts for such improvements in accordance with the bid, plans, specifications, and general stipulations pertaining thereto.

            PASSED AND APPROVED THIS 14TH DAY OF FEBRUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

9.         Approve Change Order No. 1 showing a decrease in the amount of $2,835.00, Application and Certificate for Payment No. 2-Final in the amount of $37,426.90, and the Certificate of Substantial Completion submitted by Dobberstein Roofing Inc. and approved by Miller & Associates for the Roof Replacement for Harmon Park Bathhouse and City Hall Project and approve Resolution No. 2006-22.

 

RESOLUTION NO. 2006-22

 

WHEREAS, Dobberstein Roofing has performed services in connection with the Roof Replacement for Harmon Park Bathhouse and City Hall Project, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $2,835.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 2-Final in the amount of $37,426.90 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$55,768.00

     Change Order No. 1 (2-14-2006)

-   2,835.00

Contract Sum To Date

$52,933.00

Gross Amount Due

52,933.00

Retainage

.00

Amount Due to Date

52,933.00

Less Previous Certificates for Payment

  15,506.10

Current Payment Due

$37,426.90

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of September 27, 2005, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as shown on Exhibit “A”, Application and Certificate of Payment No. 2-Final as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 14TH DAY OF FEBRUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

10.        Approve Change Order No. 4 showing a decrease in the amount of $1,647.20, Application and Certificate for Payment No. 3-Final in the amount of $43,154.74, and the Certificate of Substantial Completion submitted by Kayton Electric Inc. and approved by Miller & Associates for the 2005 Part VII Improvements (27th Street and Avenue N Signalization) and approve Resolution No. 2006-23.

 

RESOLUTION NO. 2006-23

 

WHEREAS, Kayton Electric, Inc. has performed services in connection with the 2005 Part VII Improvements consisting of the installation of a traffic signal at the intersection of 27th Street and Avenue N, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 4 showing a decrease in the amount of $1,647.20 as shown on Exhibit “A”, attached hereto and made a part hereof by reference; and

WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 3-Final in the amount of $43,154.74 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$85,277.00

            Change Order No. 1 (9-27-2005)

+ 1,656.00

            Change Order No. 2 (10-25-2005)

+ 2,148.00

            Change Order No. 3 (10-25-2005)

+ 1,276.00

            Change Order No. 4 (2-14-2006)

-   1,647.20

Contract Sum To Date

$88,709.80

Gross Amount Due

88,709.80

Retainage

.00

Amount Due to Date

88,709.80

Less Previous Certificates for Payment

 45,555.06

Current Payment Due

 

$43,154.74

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of January 15, 2006, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 4 as shown on Exhibit “A”, Application and Certificate of Payment No. 3-Final as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 14TH DAY OF FEBRUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

11.        Approve the Plans and Specifications for the Cemetery Paving 2006 Project and set the bid opening date for March 6, 2006 at 2:00 p.m.

 

12.        Approve the application for a Special Designated License submitted by BAR-D, LLC, dba “Dome Lounge” in connection with their Class CK39227 Catering Liquor License to dispense beer, wine and distilled spirits in the Exhibit Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on March 18, 2006 from 8:00 a.m. until 1:00 a.m. for a motorcycle show.

 

13.        Approve the recommendation from the Kearney Police Department on the purchase of two 2006 Ford Explorers in the amount of $52,940.00, five 2006 Ford Crown Victoria vehicles in the amount of $106,850.00 from the State of Nebraska.

 

15.        Approve the application for a Special Designated License submitted by JCB ENTERPRISES, INC., dba “Bill’s Liquor” in connection with their Class CK39105 Catering Liquor License to dispense beer, wine and distilled spirits in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N, on May 27, 2006 from 8:00 a.m. until 1:00 a.m. for a wedding reception and dance.

 

16.        Approve the request submitted by William Aviles from the Kearney Area Peaceworkers Executive Board to conduct a peace vigil in the parking lot located north of the Museum of Nebraska Art on March 19, 2006 from 7:30 p.m. until 9:30 p.m.

 

Subsection 14 of the Consent Agenda:

 

Mayor Hadley opened for discussion Item 14 which is the application for a Special Designated License submitted by JCB ENTERPRISES, INC., dba “Bill’s Liquor” in connection with their Class CK39105 Catering Liquor License to dispense beer, wine and distilled spirits in Ponderosa Rooms A, B, C, D, the Great Room, and the hallway on the second floor for the Nebraskan Student Union located at the University of Nebraska at Kearney, 1013 West 27th Street, on March 18, 2006 from 8:00 a.m. until 1:00 a.m. for a reception, dinner, and foundation fundraiser event.  Even though this is not a public hearing, he would allow discussions with regard to this event only.

 

Council Member Buschkoetter vacated his chair and abstained from discussion and voting on this matter for the reason he is employed by the Kearney Public Schools.

 

Robert Bonk, President of the Board of Directors for Project Extra Mile, 1616 Stagecoach Road, Grand Island addressed the Council on this matter.  He asked the Council to consider the significance of endorsing the use of alcohol at an event that is intended for the benefit of underage children.  He asked them to consider the employment of a business that has had their license revoked by the Nebraska Liquor Control Commission for the sale of alcohol to a minor, which contributed, to the death of a Kearney High School Student.  He also asked them to consider the fact that the dead minor’s parents are employees of the Kearney Public Schools.  As an elected community policy maker, the Council and the Mayor have a unique opportunity to direct the community perspective when it comes to any policy issue.  The question that he brought to them was “What message do you wish to send not only to the residents of Kearney, but the entire state of Nebraska, both adults and youth on the issue of community health and safety?”  “Where does the City Council and administration stand on that issue on alcohol at those events?”  He was not considering an isolated incident of this SDL application.  He believed they could not disconnect this matter from other recent events.  He did not want the community history to be ignored.   He asked them to think about how those actions contributed to the story that started over a year ago.  There has been a willingness of the Council to discuss the importance of how underage drinking access and the use of alcohol impacts their community.  He asked the Council to take that discussion to the next step and use their action to communicate to the City that the health and safety of young people in Nebraska and Kearney is a high priority.  He stated underage drinking is the nation’s number one youth drug problem, which kills approximately 6.5 times more young people than all other illicit drugs put together.  Although we hear a lot about meth, cocaine, crack, all deaths resulting from these does not come close to what alcohol is doing to our youth.  People reporting their first use of alcohol before the age of 15 are more than five times likely to report a yearly dependence of alcohol and abuse as adults than those who are 21 years or older.  That report is from the Substance Abuse and Mental Heath Service Administration.  Nebraska underage drinking costs for one year are $435 million according to the Pacific Institute for Research.

 

Mr. Bonk asked how many violations does it take on a liquor license before we say, “enough is enough”.  Council member Lear responded that according to the Nebraska Liquor Control Commission guidelines, it takes four violations.  At the Liquor Control Commission meeting where the Becker’s defended themselves on this issue of selling to a minor, it was estimated that Todd Becker, the young man that died, purchased alcohol from this store 10-20 times.

 

City Manager Michael Morgan pointed out to the Council that license was issued to a different location, not Bill’s Liquor.  Mayor Hadley again stated that Mr. Bonk put his comments to Bill’s Liquor and not Bill’s Liquor West, which was not before this Council at this meeting.  Mr. Bonk asked the Council to stick up for the youth of Nebraska and Kearney and say that alcohol does not have to be available at each and every fundraiser that we have, especially one for kids.  He asked them to set the standard for their community. 

 

Jayne Meyer, 5355 West 85th Street, stated she is one of the co-chairs of the fundraiser event.  They have tried to take all the risk reduction opportunities available to them with organizing this event.  She pointed out that no one under the age of 21 years of age would be allowed to attend this function, without exception.  Any money raised at this event from alcohol sales would be donated to alcohol awareness for public schools either for new programs or for an existing program.

 

Mayor Hadley stated the Council looks at a lot of these SDL applications.  He always looks to see if the applicant is legally able to make the request.  If so, he looks at three things: 1) the context; 2) location because there are some places that would not be approved; 3) the controls that will be put in place.  During his time on the Council, Bill’s Liquor has come before them for many Special Designated Licenses and to his understanding there has not been one question about any of these three issues that has come up.  It is important that the Council look at this application from a logical and rational perspective.  He did not see it as the Council’s job to send a message by denying licenses for events.  That should be the decision of the event organizers.  He was not going to make that decision for them. 

 

Council member Lear stated the issue that they agree on is preventing underage drinking, which has come up a lot during the last year.  He believes that they are united under that concept.  The question is whether they attempt to penalize one event or one distributor unfairly in that attempt.  Our greatest responsibility to prevent underage drinking is to work with our children and provide a consistent message to our youth.  He did not believe that there was anything in this application that was in any way outside of the normal guidelines that is required.  This is a legal licensee.  The application has met all the standards of how an event is to be conducted.  It has received the approval of our Police Department as they reviewed it.  He could see no reason not to approve.

 

Council member Kearney agreed there were not reasons to deny this SDL.

 

Lexann Roach, Project Coordinator for Project Extra Mile in Grand Island, pointed out that the comment about making moral decisions which is part of the process used to determine how to use the sales tax dollars that was also discussed earlier in the meeting. There was great concern about doing that in a way that is beneficial to the community, which did not come from a business perspective.  That perspective came from a group that wants to improve the town where they live.  The message is that the Council is in a unique position to set a standard for this community.  That does not mean that everyone in this community will follow that standard.  If that were all that it took, the fact that we have a statute that makes drinking under the age of 21 illegal would do it for us. 

 

She asked the Council to take every opportunity to tell the kids of this community and our state that they and their safety are important.  They can get in an argument over the semantics and the names of the different businesses.  The fact is the ownership of the two businesses is the same.  Mayor Hadley interrupted her by stating that this is not a discussion about Bill’s Liquor West.  Ms. Roach responded that the fact that Jerry Becker owns both businesses could not be taken out of the discussion.  The Nebraska Liquor Control Commission made the decision to revoke one of the licenses in his name.  That is a fact that cannot be ignored. 

 

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

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7234 – VACATE PORTION OF G & K ADDITION

 

Moved by Kearney seconded by Clouse to remove from the table Ordinance No. 7234 vacating part of Lots 1 and 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street and west of 11th Avenue and east of 16th Avenue). Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

Moved by Clouse seconded by Lear to deny Ordinance No. 7234.  Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

ORDINANCE NO. 7235 – REZONE NORTH OF 16TH STREET AND WEST OF 11TH AVENUE AND EAST OF 16TH AVENUE

 

Moved by Kearney seconded by Clouse to remove from the table Ordinance No. 7235 to rezone from “District M-1, Limited Industrial District” to “District R-1, Urban Residential Single Family District” property described as a tract of land being part of Lots 1 and 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street and west of 11th Avenue and east of 16th Avenue). Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

Moved by Lear seconded by Buschkoetter to deny Ordinance No. 7235. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

ORDINANCE NO. 7238 – VACATE ALLEY AT 2500 AND 2514 WEST 24TH STREET

 

Mayor Hadley opened for discussion the application submitted by Tim Sorensen to vacate the 30-foot wide alley as it abuts property described as the east 79.63 feet of Tract 1, Kearney Plaza Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska, and abutting Lots 27 and 28, Lincoln Way Villa Plots, an addition to the City of Kearney.  Planning Commission recommended approval subject to retaining the existing 10-foot utility easement and constructing a cul-de-sac according to City standards.

 

The applicant is requesting vacation of approximately 200 lineal feet of the 30-foot wide north-south alley that runs between 2500 and 2514 West 24th Street.  This alley is paved and in place.  There is a ten-foot wide utility easement on the east side of the alley for its entire length.  If the alley were to be vacated from public use the abutting property owners could use it for ingress-egress and the utility easement would be maintained.  The applicant wants to vacate the alley because of the cut-through traffic from apartments to the south that use the alley to get to Highway 30. 

 

Staff would rather not vacate public streets and alleys if other options are available and Staff will not support vacating the alley without some provision for a vehicle turn around.  In this case, there is an existing east-west alley that connects to this alley which would remain open to public use and would therefore require a cul-de-sac bulb for vehicular movement if the north-south alley were vacated.  The applicant agreed to construct the cul-de-sac.  A letter dated January 6, 2006 from the applicants confirming their intent to deed back to the City that portion of the alley for the construction of the cul-de-sac was previously given to the Council.

 

Tim Sorensen, 5165 Long Island Road, presented this matter to the Council. He requested the closure of the alley on 2500 West 24th.  The reason for this request is that it has become a primary access to Highway 30 for the new apartment house that has opened recently.  Since that has been built, people are using the parking lot of that new apartment house as a cut off to get to the highway.  They are using this alley as a primary access.  At 8:00 a.m., there are usually four or five cars stacked up in the alley waiting to get on the highway, instead of using Villa Drive by Casey’s.  The concern was brought to him by the Kearney Police Department, because there have been several near misses in that alley.  The recommendation was to see if the alley could be vacated so it is no long an accident waiting to happen.  The recommendation was to put a cul-de-sac with a curb at the end of the alley so that it is no longer accessible onto Highway 30.  The intent is to have the cul-de-sac open to the alley and a gate in place to help break people of the habit.  The gate would be closed maybe every third weekend if they see that people are falling back into the habit of using it. 

 

Council Member Buschkoetter introduced Ordinance No. 7238, being Subsection 3 of Agenda Item VI to vacate the 30-foot wide alley as it abuts property described as the east 79.63 feet of Tract 1, Kearney Plaza Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska, and abutting Lots 27 and 28, Lincoln Way Villa Plots, an addition to the City of Kearney, 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 Hadley 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. 7238 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 Hadley seconded by Kearney that Ordinance No. 7238 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. 7238 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. 7239 – VACATE EASEMENT AT 507 AND 511 EAST 8TH STREET

 

Mayor Hadley opened for discussion the application submitted by Mitch Humphrey to vacate the 10-foot wide utility easement as platted on property described as being the west 5.0 feet of Lot 2 and the east 5.0 feet of Lot 3, except the south 10.0 feet of said Lots 2 and 3 of Block 4, Marianne Hunt 2nd Addition to the City of Kearney.  Planning Commission recommended approval.

 

The applicant is requesting vacation of an existing platted utility easement to accommodate a proposed minor subdivision.  The owner would like the lots on this block to be a bit larger and therefore wants to use seven existing lots to make six new lots.  Lot 7 is used for stormwater detention.  The existing ten-foot wide utility easement is located on the common property line between Lots 2 and 3, Block 4, Marianne’s Hunt 2nd Addition.  It was relocated to the center of Lot 3 as recorded at the Register of Deeds Office January 13, 2006.  The relocated easement will ultimately be along a lot line when the minor subdivision is approved.  The utility companies have signed a consent form for the easement vacation.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. He stated that the utility companies acknowledging their approval have signed the easements.  The intent is to split this minor subdivision into six lots. 

 

Council Member Kearney introduced Ordinance No. 7239, being Subsection 4 of Agenda Item VI to vacate the 10-foot wide utility easement as platted on property described as being the west 5.0 feet of Lot 2 and the east 5.0 feet of Lot 3, except the south 10.0 feet of said Lots 2 and 3 of Block 4, Marianne Hunt 2nd Addition, an addition to the City of Kearney, Buffalo County, Nebraska (507 and 511 East 8th 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 Clouse 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, Buschkoetter, Lear, Clouse, Kearney. 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. 7239 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7239 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7239 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.

 

MEADOWLARK HILLS GOLF COURSE – OPERATING PROCEDURES AND FEE STRUCTURE

 

Mayor Hadley opened for discussion the recommendation from the Golf Advisory Board on adopting the Operating Procedures for the Golf Course and adjusting the fee structure for the 2006 Calendar Year at the Meadowlark Hills Golf Course and to consider approval of Resolution No. 2006-24.

 

Director of Park & Recreation Neal Lewis and Golf Services Manager Dave James presented this matter to the Council. Each year City staff analyzes the budget and tries to decide the best way to produce the maximum revenues at the golf course.  It is always a challenge because they will be doing it again in April without knowledge of this summer’s revenue, which they will be trying to forecast and looking at the next year.  This is not a perfect science.  They try to maximize the revenue across the board and run the golf course the most efficient way possible.  When they looked at the budget this year, they have had a slow decline in their carryover.  They have not had an increase in fees since 2004.  They believed that it was appropriate to increase the rates.  On December 19th, the proposal was taken to the Golf Advisory Board and they concurred.  The proposal was instead of including the tax, they would break the tax out which would be a 6.5 percent increase.  They also decided to increase the green fees by $1.00. 

 

Council Member Lear asked how the $19.00 rate compared with some of the other courses that they looked at.  Golf Services Manager stated that they have talked with two local courses, Prairie Hills and Buffalo Ridge, and both are under the City fee by a couple dollars.  The course fees in Gothenburg are $45.00.  The City fee will be $32.50 plus tax.  Director of Finance stated compared to courses in McCook, Ogallala, Holdrege, and Cambridge the City is still under their fees by quite a bit. Director of Park & Recreation stated Heritage Hills in McCook is $32.00, Buffalo Hills for 9 holes is $11.00, 18 holes is $17.00, Prairie Hills is $12.00 and $18.00, Creighton View is $17.00 and $25.00, Meadowlark is $14.00 and $19.00 averages are $13.00, $33.00 and $20.00. 

 

There is Play the West Golf Courses, which is our pier institution, where they can play three courses and spend the night, which brings a lot of play from Omaha and Denver.  He stated almost 9 times out of 10 they play Meadowlark first.  After playing a couple of others, they come back to play again because they like ours better.  Gothenburg’s fees are $21.00 and $35.00, McCook’s are $18.00 and $32.00, Cambridge’s $16.00 and $25.00, Ogallala’s are $28.00 and $37.00.  The average of those is $20.75 for 9 holes and $32.75 for 18 holes.  Kearney’s current rates are $14.00 and $19.00.  Kearney provides a quality golf experience at a very municipal rate.  They do not want to get to the point where they are pricing out their locals or out of market.  They have looked at their users and number of league players; they do not think this will have a negative impact.  Weather is the greatest thing that impacts the golf course. Other things that have impacted them were that Prairie Hills added 9 holes, Creighton View added 9 holes, and the Elks Club has come back into play.  Inflation and the economy also are factors that impact them.  Looking at their play in the past, they have been fairly consistent.

 

Council member Lear stated that $19.00 is a tremendous bargain and might be too low-priced.  He highlighted some costs they pay to keep that fee so inexpensive.  The golf course budget is to put about $40,000 toward debt service on the golf course payment based on this current rate structure.  His other concern is that they have taken some measures that we might not normally take such as keeping our old golf carts instead of buying new ones. They will ultimately be cheaper than leasing new the carts.  We have a tee mower that we are not going to replace right away to keep costs down.  He suggested looking at a resident rate versus a non-resident rate.  He believed that $19.00 is bargain rate, but the City does not want to position itself to jeopardize that bargain in the next 3-5-10 years from now when these kinds of improvements are no longer avoidable.  We want a cost structure that will help us do that.  He would hope to consider these facts in future years.

 

Council member Clouse stated that some years the City has broken out the sales tax and some we have not.  He asked what the logic behind this was?  He would like to see it presented with sales tax added into the rate since we have included the sales tax in the last few years.  Director of Park & Recreation stated the methodology was that the City could save some money on printing cost for customer service and ease of where people live.  Since the Golf Advisory added an increase of $1.00 to the green fees, that will not work quite as well.  Although a lot of things will remain the same with sales tax in addition.  They do not want to make a huge impact on their golfing public. 

 

Council member Clouse noticed the rounds were down last year, but the number of rounds budgeted for this year is more.  He asked what the plan is for getting these numbers up?  Golf Services Manager stated that last year August was extremely hot and the numbers were down for July and August.  He added that the City always promote the golf course to get more people out there.  They plan to send promotion letters out this year. 

 

Council member Clouse stated that last year $200,000 was budgeted and this year $280,000 is budgeted from the lottery trust funds and wanted to know why there was more budgeted this year?  Director of Finance stated that at the end of last year, they were estimated to be $73,000 in the hole, but ended up to be $43,000 in the hole, so this year is budgeted to catch up. This amount will go to pay for operations, capital debt and items related to the golf course.  This will be based on budget projections based on percentages of expenses.  The fee increase is budgeted at more than budgeted increase expenditures.  Although the City has had to guess about projections, they have been pretty close on their cash balance since 1993-1994 until 2004-2005 with $43,000 in the hole. 

 

Mayor Hadley stated that he did not think Kearney was out of line with its rates.  Director of Park & Recreation stated the difference is that our pier courses have developments that went with them.  Council member Lear commented that even when the debt service goes away, they will continue to need revenues to maintain the golf course. How much we are covering or are not covering the debt service is almost irrelevant.  How much excess do we have either for debt service or for capital improvements is a concern.  He did not believe they were addressing that.  The number one factor is weather, which determines how many people play.  We do not want to keep it below the common denominator, but do want to keep it in an affordable range because we are a community facility.  At the same time, we need to make sure that we are earning enough to keep it going. 

 

Council member Clouse commented that if the rates are changed, he believed it should include tax as a total.  We have done it that way in the past. 

 

Moved by Lear seconded by Buschkoetter to approve Resolution No. 2006-24 subject to setting a golf course rate that is equal to $19.00 plus seven percent rounded to the next nearest dollar and all the other golf course rates.  Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: Clouse. Motion carried.

 

RESOLUTION NO. 2006-24

 

            WHEREAS, on the 10th day of May, 1994, the City Council of the City of Kearney, Nebraska passed and approved Resolution No. 94-90 which Resolution established rules, regulations and fees for use of said golf course; and

WHEREAS, on December 23, 2002, the City Council passed and approved Resolution No. 2002-291 repealing all prior Resolutions, with the exception of Resolution No. 94-90, in conflict herewith and established a policy to set the fees for use of Meadowlark Hills Golf Course; and

WHEREAS, on the 9th day of December, 2003, the City Council passed and approved Resolution No. 2003-212 increasing the fees for season passes at Meadowlark Hills Golf Course; and

WHEREAS, on December 19, 2005 the Golf Advisory Board met and has recommended increasing the green fees; and

WHERAS, it is necessary to repeal all prior Resolutions in conflict herewith and to establish Operating Procedures and to establish the fees for use at the Meadowlark Hills Golf Course.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that the Meadowlark Hills Golf Course Fee Structure, a copy marked as Exhibit “A”, attached hereto and made a part hereof, be and is hereby adopted and approved.

BE IT FURTHER RESOLVED that the Meadowlark Hills Golf Course Operating Procedures, a copy marked as Exhibit “B”, attached hereto and made a part hereof, be and are hereby adopted and approved.

BE IT FURTHER RESOLVED that Resolution No. 94-90, passed and approved on the 10th day of May, 1994, Resolution No. 2002-291, passed and approved on the 23rd day of December, 2002; and Resolution No. 2003-212 passed and approved on the 9th day of December, 2003 be and are hereby repealed in its entirety.

 

            PASSED AND APPROVED THIS 14TH DAY OF FEBRUARY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

OPEN ACCOUNT CLAIMS; NEBRASKA PUBLIC POWER DISTRICT - $45,449.24; FREMONT NATIONAL BANK - $77,095.89; PLATTE VALLEY STATE BANK - $2,422.60; SCHOOL DISTRICT #7 - $1,450.90

 

Moved by Buschkoetter seconded by Hadley that Open Account Claims in the amount of $45,449.24 payable to Nebraska Public Power District, in the amount of $77,095.89 payable to Fremont National Bank, and in the amount of $2,422.60 payable to Platte Valley State 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 Clouse that Open Account Claims in the amount of $1,450.90 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney. Nay: None. Buschkoetter abstained. Motion carried.

 

VII.    REPORTS

 

None. 

 

VIII.    ADJOURN

 

Moved by Lear seconded by Buschkoetter that Council adjourn at 9:46 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