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Kearney, Nebraska

March 28, 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 March 28, 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 and Bruce Lear. Absent: Stan Clouse.  Michael W. Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant to the City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Mitch Humphrey, Kim Cafferty, Jim Lynaugh, Steve Altmaier from KGFW Radio, and Mike Konz from Kearney Hub.

 

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

 

Father Matthew Koperski from St. James Catholic Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scout Brayden Topel, Troop #158, led the Council members and audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS

 

Mayor Hadley read a Proclamation proclaiming April as “Parkinson’s Disease Awareness Month”.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

FINAL PLAT – JOHNSON COMMERCIAL ADDITION (EAST OF CENTRAL AVENUE AND SOUTH OF EAST 1ST STREET SOUTH)

 

Moved by Kearney seconded by Lear to remove from the table the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying and Johnstone Supply Company (Applicant) for Marlo Johnson (Owner) for final plat approval and the Subdivision Agreement for “JOHNSON COMMERCIAL ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska, said property being part of Government Lot 6 located in Section 13, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (east of Central Avenue and south of East 1st Street South). Roll call resulted as follows: Aye: Hadley, Lear, Buschkoetter, Kearney. Nay: None. Clouse absent. Motion carried.

 

Planning Commission recommended approval of the plat subject to a Subdivision Agreement and that the plat depict the proposed layout of the cul-de-sac at the terminus of Central Avenue.

 

The applicant is requesting approval to plat a tract of land that is approximately 2.46 acres in area to create a one-lot subdivision. This land was never previously platted except in government lots. The property is located east of Central Avenue and south of Archway Parkway on the north side of the interstate. The property is currently zoned ICMU – Commercial A. The proposed use is retail and wholesale sales and limited indoor warehousing.  An HVAC distributor will occupy the majority of the building and another tenant will rent the remainder of the space.  Staff reviewed this subdivision and offers the following comments for consideration:

 

      a)   The existing buildings will be removed.

      b)   The performance points for the project to meet ICMU zoning approval have been satisfied.

      c)   The remainder of the unplatted abutting land is greater than 10.0 acres and therefore does not need to be included in a subdivision.

      d)   A cul-de-sac bulb is required at the terminus of Central Avenue. The plat shall depict the cul-de-sac designed to City standards for truck traffic and emergency vehicle turn-around. Since the Owner is only developing one side of the street the cul-de-sac must be designed with some temporary right-of-way that will ultimately be shifted to the west and the cul-de-sac will be built on permanent right-of-way in the future, when the property on the west side of the street develops. The cul-de-sac design was not submitted prior to the last City Council meeting as requested by Planning Commission and therefore the project was tabled. The design has since been submitted to Public Works and is acceptable to Public Works. The final layout of the cul-de-sac is shown on the Final Plat.

      e)   The requirement for a Public Works Plan is waived.

      f)    A Subdivision Agreement is required to waive rights of protest for future improvements to Central Avenue extended. The Subdivision Agreement is attached and has been executed by all parties.

      g)   The Preliminary Plat of Johnson Commercial Addition was approved by Planning Commission on February 17, 2006.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. This project is located on 2.71 acres and will be a nice addition to the community when it is built as you drive into the interstate.   Mr. Cafferty realizes that this is in the interstate corridor mixed use area.  The building to be constructed is similar to a building he is constructing in Iowa at this time.  The cost to construct this site will be $2.3-$2.7 million dollars.  Mr. Cafferty will supply ample green space buffering along the interstate corridor area with trees, landscaping and the exterior facades of the building.  The issues pertaining to the temporary and permanent cul-de-sac have been worked out with the Public Works Department, Mr. Cafferty, the owner, and his architect to make sure that the designs they come up with will meet the standards that City staff requires. 

 

Council member Kearney asked if the big metal building marked “Antique Mall” in that area would be removed. Mr. Humphrey replied that is not part of this project and is located at the eastern end of the Johnstone tract and will not be addressed at this point.  The buildings that will be removed are a couple of houses that are somewhat aged, some outbuildings, a 3-sided horse barn and some old fencing, etc.

 

Mr. Humphrey stated that they are working on getting the signed Subdivision Agreement, which should be stipulated in the motion.  He understood the plat would not be released until after the agreement is recorded.

 

Kim Cafferty from Johnstone Supply addressed the Council. By improving the area, more construction and improvements will follow.  He believed that if they do not move things along, all the work that he has done to get Marlo Johnson to this point might be for nothing.  He asked the Council if he would be allowed to sign the Subdivision Agreement.  He does understand that the owner of record needs to be the responsible party who signs that agreement.  Mr. Cafferty stated that if he could close on that property this week and write Mr. Johnson a check, he would make his project subject to any compliance issues, such as the cul-de-sac, access to the property if needed, and anything the City would require.  He requested that if at all possible, this be allowed. 

 

City Manager Michael Morgan stated they could make the motion subject to the City receiving the executed Subdivision Agreement.  Mr. Cafferty stated the earnest money agreement called for him to close by March 31st. City Attorney Michael Tye stated typically that a subdivision agreement is signed by the person that owns the property and if there were a separate application from someone that owns the property, they would also sign it so that it binds both parties.  The idea behind that is that it becomes something that runs with the land and binds the landowners to that part of the agreement.  Director of Public Works Rod Wiederspan stated that the Subdivision Agreement only pertains to proposed Lot 1, so as far as Marlo Johnson is concerned, it has nothing to do with the rest of his property.  Mr. Cafferty stated he will follow up with Mr. Johnson, but had been unable to convince him of what Mr. Wiederspan just stated. 

 

Council member Kearney asked if they could do it simultaneously.  If he closes on Friday, March 31st, and once the check and the deed clears and is recorded, Mr. Cafferty would be the owner and could come in and sign the document.  City Attorney stated that once Mr. Cafferty acquires title, the property could be committed once he owns it.  Council member Kearney asked if they could make the motion to delay it until March 31st upon his receipt of the title.  Director of Public Works responded he did not think that Mr. Cafferty could close on property that does not have a subdivision filed on it.  In order for Mr. Cafferty to close on the property March 31st, he must have a filed subdivision.  City Manager stated the property has to be split and there must be a legal way to split it before you can purchase a part of it. 

 

Mr. Humphrey asked if there is a way to pass the Subdivision Agreement at this time by filing it with some sort of consideration. The agreement could be signed once Mr. Cafferty receives title to Lot 1, Johnstone Commercial Addition.  He recognizes that there cannot be a building permit issued on this property until there is an agreement.  City Manager stated he did not know how Mr. Cafferty could purchase the property without subdividing it to create the parcel to purchase, which is the dilemma.  He appreciated Mr. Cafferty’s creativity, but legally did not believe that he could do it. 

 

Council member Buschkoetter asked when does a passed ordinance become binding.  City Clerk stated that since this was being done by resolution, it would be effective immediately.  Council member Buschkoetter asked if they could make it effective on a different date.  City Manager stated the dilemma remains that you have to have a subdivision to have a piece of property to purchase.  Marlo Johnson has to agree to subdivide it and then Mr. Cafferty can buy what has been subdivided. 

 

Council member Kearney asked if it could have a legal description on a deed instead of calling it Lot 1.  Mr. Humphrey responded that could not be done because the tract is less than 10 acres, so it requires to be subdivided by law.  What Mr. Cafferty is requesting is not having the subdivision agreement tied to the action taken for the Final Plat approval and then as part of the resolution bind him to signing the agreement once he acquires title to the property.  City Attorney stated that one of the things that has been suggested with other transactions where there was some apprehension on the part of the current land owner in terms of that subdivision agreement, the party acquiring the land can hold the other harmless on any issues in that subdivision agreement putting that fear to rest.  He suggested that to other attorneys representing people holding properties.  Any issues that the current owner has about whether they are going to be responsible or not for anything in the agreement, are assumed by the developer even before they acquire title.

 

City Attorney asked if that type of an agreement had been discussed with Marlo Johnnson.  Mr. Humphrey responded that it had not been discussed with him.  Mr. Cafferty stated the City Attorney had a good suggestion and would sign an agreement with Marlo Johnson holding him harmless of anything in the agreement and not putting him at risk in any way.   He believed Mr. Johnson would be willing to sign that agreement so they could move forward. 

 

Mr. Humphrey expressed his appreciation of the City staff for doing all they could do on this project.  City Manager stated that a lot of people work on these projects behind the scenes.  He suggested to Mr. Cafferty to contact City staff or the City Attorney with any questions or issues that he might have.  They possibly could sit down with all the parties involved.             

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying and Johnstone Supply Company (Applicant) for Marlo Johnson (Owner) for final plat approval and the Subdivision Agreement for “JOHNSON COMMERCIAL ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska, said property being part of Government Lot 6 located in Section 13, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (east of Central Avenue and south of East 1st Street South) and approve Resolution No. 2006-38 subject to the City receiving the executed Subdivision Agreement. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2006-38

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of ”JOHNSON COMMERCIAL ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved subject to the center point of the proposed cul-de-sac being identified and approved by the City and Applicant and that the center point be as close to center as possible but not greater than ten feet off of the center line to the east of existing Central Avenue, and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

            BE IT FURTHER RESOLVED that the Subdivision Agreement, marked as Exhibit “A” attached hereto and made a part hereof by reference, be and is hereby approved and that the President of the Council be and is hereby authorized and directed to execute said agreement on behalf of the City of Kearney, Nebraska. Said Subdivision Agreement shall be filed with the final plat with the Buffalo County Register of Deeds.

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

            PASSED AND APPROVED THIS 28TH DAY OF MARCH, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

BOARD OF EQUALIZATION – PAVING DISTRICT NO. 2004-885

 

Mayor Hadley stated that the Council to meet as the Board of Equalization to assess costs for Paving Improvement District No. 2004-885 for 30th Avenue from LaCrosse Drive to 39th Street.  Administration has requested that this matter be tabled until April 11, 2006 to confirm proper notification has been given to all property owners and to allow for interested qualified property owners to apply for an agricultural deferment of special assessments.

 

Moved by Buschkoetter seconded by Kearney to close to table until April 11, 2006 the hearing for the City Council to meet as a Board of Equalization to assess costs for 2004 Part I Improvements consisting of Paving Improvement District No. 2004-885 for 30th Avenue from LaCrosse Drive to 39th Street.  Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Clouse absent. Motion carried.

 

PROPOSED ACQUISITION – SANITARY SEWER EASEMENT

 

Mayor Hadley opened the public hearing on the proposed acquisition of a tract of land described as the east 20 feet of Lot 2, Casey’s Addition to the City of Kearney, Buffalo County, Nebraska for a permanent sanitary sewer easement and to consider approval of Resolution No. 2006-45.

 

Director of Utilities Kirk Stocker presented this matter to the Council. At the February 21, 2006 Council meeting the Council approved a Developer Constructed Infrastructure Agreement with Dave Winfield Concrete Leveling and Construction Inc.  The agreement allowed for the construction of a sanitary sewer main to Lot 2, Casey’s Addition.  The agreement required the developer to grant the City a 20 foot wide Permanent Sanitary Sewer Easement along the east 20 feet of Lot 2, Casey’s Addition. Section 18-1775 of the Nebraska Revised Statute requires that a City of the first class acquiring an interest in real property shall do so only after the governing body has authorized the acquisition by action taken in a public meeting after notice and a public hearing.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Kearney to close the hearing and approve the proposed acquisition of a tract of land described as the east 20 feet of Lot 2, Casey’s Addition to the City of Kearney, Buffalo County, Nebraska for a permanent sanitary sewer easement and approve Resolution No. 2006-45. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-45

 

            WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in real property by purchase or eminent domain to do so only after the City Council has authorized the acquisition by action taken in a public meeting after notice and public hearing; and

            WHEREAS, the City Council has held a public hearing upon the proposed acquisition for storm sewer purposes and voted in favor to proceed with the acquisitions; and

            WHEREAS, Winfield Concrete Leveling & Construction Inc., a Nebraska Corporation, has granted to the City of Kearney, Nebraska, a Permanent Sanitary Sewer Easement as follows:

Permanent Sanitary Sewer Easement

A tract of land being described as the east 20 feet of Lot 2, Casey’s Addition to the City of Kearney, Buffalo County, Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Permanent Sanitary Sewer Easement granted by Winfield Concrete Leveling & Construction Inc., a Nebraska Corporation, to the City of Kearney be and are hereby approved and accepted.

            PASSED AND APPROVED THIS 28TH DAY OF MARCH, 2006.

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

IV.    CONSENT  AGENDA

 

Moved by Kearney seconded by Lear that Subsections 1 through 9 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

 

1.         Approve Minutes of Regular Meeting held March 14, 2006.

 

2.         Approve the following Claims: 3CMA $350.00 smcs; Ace Hardware $188.08 smcs; Advance Auto Parts $16.49 smcs; Alltel $1,437.00 smcs; Alsco Industrial $502.46 smcs; Amazon $452.49 smcs; Amer Electric $1,573.42 smcs,co; Amer Legion Emblem $368.05 smcs; Americanblinds.com $212.40 co; Andersen Wrecking $105.00 smcs; Arrow Seed $479.50 smcs; Ask Supply $133.86 smcs; Auto Glass Center $174.40 smcs; B&H Photo $15.55 smcs; Baker & Taylor Books $2,173.02 smcs; Barco Municipal $89.83 smcs; Barney Abstract $2,850.00 co; BBC Audiobooks $382.80 smcs; Beacon Athletics $7,344.00 smcs; Big Flag Farm $27.38 smcs; Bike Shed $10.00 smcs; Bluecross Blueshield $94,202.12 smcs; Boogaarts $32.62 smcs; Bosselman $1,258.24 smcs; Boxwood Technology $425.00 smcs; Broadfoot Sand $1,468.24 smcs; Bubble Factory $46.95 smcs; Buffalo Co Reg Deeds $78.00 smcs,co; Buggy Bath $17.00 smcs; Builders Warehouse $2,142.32 smcs,co; Cabela's $44.29 smcs; Capstone Press $76.75 smcs; Casey's $40.00 smcs; Cash-Wa $180.28 smcs; Centaur Enterprises $39.46 smcs; Central Fire $79.05 smcs; Central Hydraulic $648.83 smcs; Central NE Bobcat $76.66 smcs; Central Platte NRD $60,035.36 co; Chief Industries $253,722.16 co; Christensen,D $259.50 smcs; City of Ky $61,166.12 smcs,ps; College Savings Plan of NE $50.00 ps; Colorid Ribbons $64.95 smcs; Computer Hardware $129.90 smcs; Construction Rental $305.15 smcs,co; Cook,J $349.74 smcs; Copycat Printing $254.17 smcs; Crossroads Ford $359.14 smcs; Cruise,H $36.04 smcs; Culligan $112.94 smcs; DE Newspaper $117.00 smcs; Deeter Foundry $287.00 smcs; Dell $10,193.87 smcs,co; Diamond Vogel $137.78 smcs; Dibbern,B $2,160.00 co; Dmilaco Sports $56.00 smcs; Dobberstein Roofing $1,300.00 smcs; Doubletree Hotels $158.00 smcs; Draeger Safety $252.00 smcs; Dutton-Lainson $1,195.41 smcs,co; Eakes $1,446.46 smcs; Earl May $34.99 smcs; ECI Gotomypc.com $269.40 co; EDM Equipment $939.98 smcs; Ehmke,C $15.23 smcs; Eickhoff,B $254.25 ps; Elliott Equipment $445.99 smcs; Expression Wear $130.50 smcs; Fairbanks Int'l $86.53 smcs; Farmers Union $45.00 smcs; Fastenal $1,415.77 smcs,co; Fedex $109.60 smcs; Focused Technology $219.00 co; Frontier $8,230.40 smcs; G.Neil $26.22 smcs; Galls $36.25 smcs,ps; Gamber Johnson $48.00 smcs; Garrett Tires $771.30 smcs; Gary's I-80 $90.00 smcs; Gear for Sports $60.71 smcs; Gordon's Small Engine $32.06 smcs; Graham Tire $561.40 smcs; Grainger $1,451.82 smcs,co; Guideposts $33.88 smcs; H.W. Wilson Co $236.00 smcs; Hall Signs $905.00 smcs; Hastings Entertainment $100.00 smcs; Heartland Marketing $198.00 smcs; Hobby-Lobby $203.01 smcs,co; Holmes Plumbing $983.06 smcs,co; ICMA RC $2,593.13 ps; ICPC Mid-West $100.00 smcs; IRS $86,213.43 ps; Jack Lederman $650.04 smcs,co; Joseph's of Ky $224.00 smcs; JR's Western $125.00 smcs; K&K Parts $28.28 smcs; Ky Clinic $605.00 smcs,ps; Ky Hub $811.10 smcs; Ky Implement $2,991.51 smcs; Ky Towing $45.00 smcs; Ky Visitors Bureau $6,247.88 smcs; Ky Warehouse $754.13 smcs; Ky Winlectric $456.93 smcs; Ky Yamaha $141.38 smcs; Kelly Supply $143.68 smcs; Killion Motors $30.80 smcs; Kirkham Michael $7,202.22 co; Kmart $22.33 smcs; Laughlin,K $360.00 ps; Law Enforcement Equipment $1,093.25 smcs; Lawcheck $250.00 smcs; Lawson Products $221.54 smcs; Lincoln Journal Star $1,032.20 smcs; Lind,M $7.25 smcs; Lindner,S $60.97 smcs; Linweld $308.88 smcs; Lockmobile $6.00 smcs; Marlatt Machine $825.70 smcs; Marriott Cornhusker $199.36 smcs; Martin Diesel $363.75 smcs; McMaster-Carr $1,731.27 smcs; Meadowbrook $2,110.00 smcs; Menards $1,318.89 smcs,co; MES Mid America $577.50 smcs; MGS Tech $26.88 co; Michael Todd $535.47 smcs; Microfilm Imaging $780.00 smcs; Mid America Sales $500.85 smcs; Miller & Associates $19,874.74 co; Miller Signs $169.90 smcs; Mirror Image $5.00 smcs; Motorola $24,237.27 smcs; Mr Automotive $2,090.94 smcs; Municipal Supply $46.26 smcs; Murphy Tractor $23.73 smcs; Napa All Makes $1,672.57 smcs; Nat'l Recreation & Park $80.00 smcs; NWWA $61.99 smcs; NCVC $225.00 smcs; NE Child Support $1,993.68 ps; NE Dept of Revenue $23,608.54 smcs; NE Health & Human Service $1,100.00 co; NE Local Technical $103.40 smcs; NE Machinery $562.67 smcs; NE Nat’l Bank $154,624.00 smcs; Newegg Computers $145.73 co; Newman Signs $196.17 smcs; Northwestern Energy $20,937.74 smcs; NSVFA $1,575.00 smcs; NYSCA $200.00 smcs; Office Depot $185.98 smcs; Office Max $630.24 smcs,co; Officenet $909.70 smcs,co; Olson,L $135.00 smcs; O'Reilly $661.61 smcs; Oriental Trading $84.56 smcs; Orscheln  $1,092.41 smcs; Overhead Door $60.00 smcs; Paramount Linen $114.71 smcs; Pathology Service $30.00 smcs; Pat's Plumbing $900.00 smcs; Patterson,B $59.52 smcs; Pem-Quilter's $22.92 smcs; PGA of America $110.50 smcs; Pioneer Manufacturing $347.30 smcs; Pitney Bowes $450.00 smcs; Platte Valley Comm $5,232.87 smcs,co; Presto-X $140.00 smcs; QPR $1,173.60 smcs; Quality Books $16.68 smcs; Quill $52.19 smcs; Random House $155.20 smcs; RCL Products $197.34 smcs; RDJ Specialties $710.62 smcs; Recorded Books $560.25 smcs; Recreonics $177.50 co; Rhino Linings $449.99 smcs; Rose Equipment $544.98 smcs; SA Foster Lumber $102.74 smcs; Sahling Kenworth $854.00 smcs; Sampson Construction $121,086.00 co; Sams Internet $35.00 smcs; Sapp Brothers Petroleum $3,920.00 smcs; Schimberg $961.12 smcs; Schmitt,J $2,246.80 smcs; Scorr Marketing $1,200.00 smcs; Sears $50.97 smcs; Sesna,T $11.23 smcs; Sewer Equipment $305.34 smcs; Sherwin Williams $243.42 smcs,co; Shirt Shack $1,543.10 smcs; Siemens $265.92 smcs; Snap-On Tools $94.50 smcs; Sojourners $39.95 smcs; Solid Waste Equipment $2,134.00 smcs; State Fire Marshall $110.00 smcs; State NE/Dept Aeronautics $995.00 ds; Summit Heating $1,569.08 smcs; Sundance Feed & Seed $20.69 smcs; Superior Signals $1,557.35 smcs; Supershine Auto $57.50 smcs; SYX Tigerdirect $1,368.97 smcs,co; Target $80.56 co; The Reader $35.00 smcs; Tool Doctor $4.72 smcs; Toolbarn $13.09 smcs; Tractor Supply $729.67 smcs; Trade Assn. Mgmt. Firm $640.00 smcs; Trembly,M $114.18 smcs; Tri City Outdoor Power $136.09 smcs; Turner Body Shop $520.00 smcs; U Stop $25.65 smcs; Underground Construction $726.10 co; Unifire $68.86 smcs; Unique Books $6,496.81 smcs; United Farmers Coop $11.40 smcs; UPS $77.44 smcs; USA Blue Book $201.69 smcs; USPS $60.84 smcs; Van Diest $4,702.12 smcs; Video Kingdom $39.98 smcs; Video Services $244.86 smcs; Wal-Mart $1,457.78 smcs; West Villa Animal Hospital $155.58 smcs; Wick's Sterling Trucks $2,378.34 smcs; Wilke Donovan's $386.10 smcs,co; Williams,M $36.94 smcs; Whiskey Creek $3,077.50 smcs; World Herald $672.54 smcs; WPCI $160.50 ps; Yanda's Music $1.45 smcs; Payroll Ending 3-18-2006 -- $263,862.61.  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.         Receive recommendations of Planning Commission and set April 11, 2006 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the Agreement with Wilkins Hinrichs Stober Architects for design services for a new  Activity Center at Harmon Park and approve Resolution No. 2006-46.

 

RESOLUTION NO. 2006-46

 

BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement for design services for a new Activity Center at Harmon Park, on behalf of the City of Kearney, with Wilkins Hinrichs Stober Architects, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 28TH DAY OF MARCH, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

5.         Approve the Plans and Specifications for the 2006 Part II Improvements consisting of Water Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street and set the bid opening date of April 18, 2006 at 2:00 p.m.

 

6.         Approve the request submitted by the Kearney Police Department/Buffalo County Sheriff’s Office to temporarily block off Avenue B from North Railroad Street to a half block north for the auto auction to be held on April 1, 2006 from 8:00 a.m. until 5:00 p.m.

 

7.         Accept the Warranty Deed granted by Billy and Karen Dibbern to the City of Kearney for the East Half of Section 14, Township 9 North, Range 17 West of the 6th P.M., and the Northeast Quarter of Section 23, Township 9 North, Range 17 West of the 6th P.M., Buffalo County, Nebraska and approve Resolution No. 2006-47.

 

RESOLUTION NO. 2006-47

 

            WHEREAS, City Council authorized the City Manager and City Attorney to acquire the East Half of Section 14, Township 9 North, Range 17 West of the 6th P.M., and the Northeast Quarter of Section 23, Township 9 North, Range 17 West of the 6th P.M., Buffalo County, Nebraska for municipal well field purposes; and

            WHEREAS, City Administration negotiated an Option Agreement to purchase the East Half of Section 14, Township 9 North, Range 17 West of the 6th P.M., and the Northeast Quarter of Section 23, Township 9 North, Range 17 West of the 6th P.M., Buffalo County, Nebraska; and

            WHEREAS, Billy and Karen Dibbern have granted to the City of Kearney a Warranty Deed for the East Half of Section 14, Township 9 North, Range 17 West of the 6th P.M., and the Northeast Quarter of Section 23, Township 9 North, Range 17 West of the 6th P.M., Buffalo County, Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Warranty Deed be and is hereby accepted and that the City Clerk be instructed to file said Warranty Deed with the Buffalo County Register of Deeds. A copy of the said Warranty Deed, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 28TH DAY OF MARCH, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

8.         Approve Grant Amendment No. 1 to Grant Agreement for Airport Project No. 3-31-0045-15 (Rehabilitate Apron and Taxilanes – Phase I at the Kearney Municipal Airport) between the City of Kearney and the Federal Aviation Administration and approve Resolution No. 2006-48.

 

RESOLUTION NO. 2006-48

 

            WHEREAS, the City Council of the City of Kearney, Nebraska passed and approved Resolution No. 2005-51 passed and approved on the 12th day of April, 2005 authorizing and directing the Mayor to execute Grant Agreement No. 3-31-0045-15 for the Rehabilitate Apron and Taxilanes at the Kearney Municipal Airport; and

            WHEREAS, it has been determined necessary to amend the description of development to be accomplished under Project 3-31-0045-15 in order to break the apron reconstruction into phases.

            NOW, THEREFORE, 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 Amendment No. 1 to the Grant Agreement for Airport Improvement Project No. 3-31-0045-15 (Rehabilitate Apron and Taxilanes – Phase I at the Kearney Municipal Airport). A copy of Amendment No. 1, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 28TH DAY OF MARCH, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

9.         Approve the Grant Agreement for Airport Project No. 3-31-0045-18 (Rehabilitate Apron and Taxilanes – Phase II at the Kearney Municipal Airport) between the City of Kearney and the Federal Aviation Administration and approve Resolution No. 2006-49.

 

RESOLUTION NO. 2006-49

 

            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 Grant Agreement for Airport Improvement Project No. 3-31-0045-18 for Rehabilitate Apron and Taxilanes – Phase II at the Kearney Municipal Airport. A copy of the Grant Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 28TH DAY OF MARCH, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

PUMP & PANTRY #27 – CORPORATE MANAGER APPLICATION

 

Mayor Hadley opened for discussion the application for Corporate Manager of Catherine Fochtman submitted by BOSSELMAN, INC., dba “Pump & Pantry #27” located at 4311 2nd Avenue in connection with their Class D25700 (beer, wine and distilled spirits – off sale only) liquor license. The City Council is concerned with the selling of alcohol to minors in our community, and wants to encourage all license holders to provide the necessary training to all employees that sell or dispense alcohol. The City developed a form entitled “Liquor License Training Compliance” requiring applicants to document and verify training compliance of their employees. The form was sent to the applicant on two occasions but was never returned.

 

City Clerk stated that she had notified Catherine Fochtman three separate times that this item was on the Council Agenda.  Neither Catherine nor a representative from “Pump & Pantry #27” was present at the meeting.  The Mayor stated that he did not feel that it should be tabled.  Council member Kearney stated he would prefer to deny it since she had been advised.  City Clerk stated the City’s recommendation would be forwarded to the Liquor Control Commission for further determination.  Council member Lear stated that it is up to the Liquor Commission to approve or deny.  The only thing they could do to delay the action is to table the motion or make a recommendation. 

 

Council member Buschkoetter stated that he sees a pattern here.  They sent the form and on two occasions it was not returned and she did attend the meeting.  He believed that if the Liquor Commission pays any attention to their report, they should make note of the fact that she is not playing by the rules or following the process.  This is a way to test the theory to see if the Liquor Commission is paying any attention to recommendations made by the Council.  

 

Moved by Lear seconded by Buschkoetter to deny the application for Corporate Manager of Catherine Fochtman submitted by BOSSELMAN, INC., dba “Pump & Pantry #27” located at 4311 2nd Avenue in connection with their Class D25700 liquor license. Roll call resulted as follows: Aye: Hadley, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

 

OPEN ACCOUNT CLAIMS – NEBRASKA PUBLIC POWER DISTRICT-$48,905.09; FREMONT NATIONAL BANK-$38,927.75

 

Moved by Buschkoetter seconded by Hadley that Open Account Claims in the amount of $48,905.09 payable to Nebraska Public Power District and in the amount of $38,927.75 payable to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Lear abstained. Clouse absent. Motion carried.

 

VII.    REPORTS

 

INTRODUCTION OF NEW AIRPORT MANAGER

 

City Manager Michael Morgan introduced the new Airport Manager, Jim Lynaugh.  Jim began his duties last Monday.

 

SALES TAX EFFECTIVE

 

City Manager Michael Morgan stated that the new City sales tax will take effect on April 1st.  The new City sales tax will be 1½ cents.

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Kearney that Council adjourn at 7:28 p.m. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

 

                                                                                    GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK