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Kearney, Nebraska

April 25, 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 April 25, 2006, in the Council Chambers at City Hall.  Present were: Randy Buschkoetter, Vice-President of the Council; Michaelle Trembly, City Clerk; Council Members Don Kearney, Stan Clouse, and Bruce Lear. Absent: Galen Hadley.  Michael W. Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Management Assistant; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Bart Langenberg, Joe Carlson, Steve Altmaier from KGFW Radio.

 

Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being attached to these minutes.  Advance notice of the meeting was also given to the City Council and a copy of their acknowledgment or receipt of such notice is attached to these minutes.  Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and City Council.  All proceedings hereafter shown were taken while the meeting was open to the attendance of the public.

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

The Council held a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts from Troop 158 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

 

AMEND LAND USE MAP – 1790 ANTELOPE AVENUE

 

Vice-President Buschkoetter stated that City staff continues to work with the applicant and owner concerning the development of Pemberton Subdivision for property located at 1790 Antelope Avenue. Therefore, Public Hearings 1, 2 and 3 will remain on the table until May 9, 2006.

 

Moved by Kearney seconded by Clouse to table until May 9, 2006 the hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agricultural Preserve” to “Rural Estates” property described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska (1790 Antelope Avenue). Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney, Lear. Nay: None. Hadley absent. Motion carried.

 

REZONING – 1790 ANTELOPE AVENUE

 

Vice-President Buschkoetter stated that City staff continues to work with the applicant and owner concerning the development of Pemberton Subdivision for property located at 1790 Antelope Avenue. Therefore, Public Hearings 1, 2 and 3 will remain on the table until May 9, 2006.

 

Moved by Kearney seconded by Clouse to table until May 9, 2006 the hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agricultural Preserve” to “Rural Estates” property described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska (1790 Antelope Avenue). Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney, Lear. Nay: None. Hadley absent. Motion carried.

 

FINAL PLAT – PEMBERTON SUBDIVISION

 

Vice-President Buschkoetter stated that City staff continues to work with the applicant and owner concerning the development of Pemberton Subdivision for property located at 1790 Antelope Avenue. Therefore, Public Hearings 1, 2 and 3 will remain on the table until May 9, 2006.

 

Moved by Kearney seconded by Clouse to table until May 9, 2006 the hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agricultural Preserve” to “Rural Estates” property described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska (1790 Antelope Avenue). Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney, Lear. Nay: None. Hadley absent. Motion carried.

 

AMENDMENTS TO OFFICIAL ZONING MAP OF THE CITY OF KEARNEY

 

Vice-President Buschkoetter opened the public hearing on the proposed amendments to the Official Zoning Map of the City of Kearney and to consider approval of Resolution No. 2006-57.

 

Director of Public Works Rod Wiederspan presented this matter to the Council. Since the ICMU zoning will no longer exist once the code amendments are effective (April 26), the area along the interstate that is currently zoned ICMU needs to be rezoned to some other zoning district(s).  Staff has prepared a proposed amendment to the Official Zoning Map of the City of Kearney where the large expanse of light purple which currently represents ICMU will be replaced with a combination of five different zoning categories.  The proposed zoning is based on a combination of four considerations:

 

1.   Precedent set by the Future Land Use Map of the City of Kearney Comprehensive Development Plan

2.   Existing land uses

3.   Meetings of the IC-MU Task Force

4.   Meetings with property owners in the area that is currently zoned IC-MU

 

The five zoning categories are taken from the Unified Land Development Ordinance and are in use across the community.  The districts include:

  • District AG - Agricultural
  • District RR-1 - Rural Residential (Rural Standards)
  • District R-1 - Urban Single-Family Residential (Low Density)
  • District C-2 – Community Commercial
  • District M-1 – Limited Industrial

 

The proposed zoning map was presented at the Planning Commission hearing last month, was continued, and then once again presented on April 21.  Although the Langenberg’s testimony is in favor of reverting the zoning to M-1, staff believes that M-1 would not be in the best interest of the community.  A compromise zoning category of RR-1, Rural Residential District (Rural Standards) is being offered by the staff so that the property can be marketed as a rural homesite, similar to the homes just west of the Langenberg property.  This compromise would allow more use of the property than it can currently be used for as a nonconforming use limited to storage inside of the existing metal building.  The Planning Commission comments explain this situation and more in greater detail.

 

Director of Public Works stated that at the last meeting a number of Code changes removed the ICMU zoning district from the Code.  Since the ICMU zoning was removed, it was necessary to replace that district with zoning for that area.  Meetings were held with the property owners in that area for both the Code amendments and the zoning map changes to work through the issues.  Bart Langenberg was the only property owner who was opposed to zoning a piece of his property which sits on the south side of the Interstate.  Planning Commission recommended that it be rezoned to agricultural but the owner wants it to be zoned M-1.

 

Planning Commission tried to compromise and give Mr. Langenberg an RR-1 zoning which would allow him to build a single family dwelling on that 5-acre parcel.  Currently, this piece of property is a nonconforming use.  It was originally zoned M-1 prior to the ICMU zoning coming into place.  The ICMU zoning converted it over to M-1 and has continuously been used as indoor storage, which is where the nonconforming use came into play.  It can continue to be used as nonconforming indoor storage only as long as this owner continues to use it as indoor storage, he can continue that operation.  If the building would stand idle for 12 months or if the building would happen to be destroyed by an act of nature, he would not be able to rebuild it and it would lose its nonconforming status. 

 

Council member Kearney pointed out that it has not been zoned M-1 since March 1999 and it was not zoned M-1 when Bart and Darla Langenberg purchased it in March 13, 2000.  Director of Public Works explained that it was not zoned as M-1, but had been continuously used as M-1. When the property changed hands, the nonconforming went with it because as far as he knew, the property has continuously been used as M-1.  Mr. Langenberg could sell the property and if the buyer continues with the indoor storage that use stays with it.  If Mr. Langenberg wanted to expand it, he could not have other uses that would be allowed in an M-1 zone.  M-1 is light industry, indoor or cold storage.  In a standard M-1 zone, storage of vehicles is allowable as long as they are operable but vehicles cannot be dismantled or salvaged. 

 

Bart Langenberg, 318 Huron Drive, stated that when he purchased the property, he was under the assumption that it was zoned M-1.  After reviewing the records, he found that it shows in 1999, it was rezoned ICMU.  He was a tenant at that location from 1994 to present.   There has been no complaint about the indoor storage to date.  He would remain nonconforming and continue to use it for indoor storage but the proposal is to rezone to agricultural.  He believed that since it was M-1 prior to the ICMU zoning and should revert back to M-1. His understanding is that other properties in the district are reverting back to their original zoning.  He believed that the agricultural zoning puts a lot of restrictions on him with the well head protection plan that limits the property to a lot of different things.  Council member Lear stated that the well head protection applies to any use because it must be done. 

 

Council member Buschkoetter asked what the reason was to propose this as AG rather than M-1.  Director of Public Works responded that under the ICMU it was an ICMU-AG zone.  They did not go back to the prior zoning, but to what the Comprehensive Land Use Map defines how the area needs to be zoned or what the current use is.  If the current use was an R-1 zone and the comp zone shows it could be a C-2 then we would zone it by request of the property owner to a C-2 even though it is used as an R-1.  They tried to come as close to the Comp Plan as they have now or with the existing land use if it matched the Comprehensive Land Use Map.   This particular piece in the Comprehensive Land Use Map shows it as agricultural and the M-1 would not fit in an agricultural zone.  One of the other options that the Planning Commission offered, is to zone it to a RR-1 (rural large lot with the five acres), which would give it the ability to keep the M-1 use now under the AG zone or build a single family home on the five acres.  In an AG zone, you cannot build a house unless there is 40 acres.  Since this was a previously parceled out piece on five acres, Planning Commission was willing to give them that option. 

 

Moved by Clouse seconded by Lear to close the hearing and approve the proposed amendments to the Official Zoning Map of the City of Kearney and approve Resolution No. 2006-57. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lear, Clouse. Nay: None. Hadley absent. Motion carried.

 

RESOLUTION NO. 2006-57

 

            WHEREAS, Ordinance No. 6864, passed and approved by the Kearney City Council on March 12, 2002 adopted the City’s Official Zoning Map as of April 15, 2002; and

            WHEREAS, in accordance with Section 14-106 “Zoning Map” of Chapter 14 “Zoning District Regulations” of the Kearney City Code, the City Council may from time to time adopt a new official zoning map which shall supersede the prior official zoning map, in the event that the official zoning map becomes damaged or destroyed; or for purposes of clarity due to a number of boundary changes, or to correcting drafting errors or omissions; and

            WHEREAS, it is necessary to amend the Official Zoning Map dated December 2004 and to adopt a new zoning map due to the number of boundary changes on the current zoning map.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the Official Zoning Map dated December 2004 as passed and approved by the City Council by Resolution No. 2004-243 on December 28, 2004 be and is hereby amended.

            BE IT FURTHER RESOLVED that the City’s Official Zoning Map as of April 25, 2006 be and is hereby adopted. A condensed version of the Official Zoning Map is marked as Exhibit “A” attached hereto and made a part hereof by reference. The full version of the Official Zoning Map is filed in the Office of the Public Works/Building and Zoning Division.

            PASSED AND APPROVED THIS 25TH DAY OF APRIL, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER,

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Council member Lear abstained from voting on Subsection 11 for the reason he is the conservator for one of the property owners.

 

Moved by Buschkoetter seconded by Kearney that Subsection 11 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney. Nay: None. Lear abstaining. Hadley absent. Motion carried.

 

11.        Approve setting May 9, 2006 at 7:00 p.m. as time and date for the Board of Equalization to determine a connection fee in the amount of special benefits accruing to the property in the districts which fee shall be paid to the City at the time such property becomes connected to the water and/or sewer line for Sewer Connection District Nos. 2004-1, 2004-2A, 2004-3, 2004-4A, 2004-5, 2004-6, 2004-7; Water Connection District Nos. 2004-1, 2004-2A, 2004-3A, 2004-4, 2005-1, 2005-2, 2005-3.

 

Moved by Lear seconded by Buschkoetter that Subsections 1 through 10 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney, Lear. Nay: None. Hadley absent. Motion carried.

 

1.         Approve Minutes of Regular Meeting held April 11, 2006 and the Minutes of the Meeting held on April 18, 2006.

 

2.         Approve the following Claims: 3M $18,855.24 smcs; A Affordable Travel $105.00 smcs; Abby,B $15.00 smcs; Ace Hardware $36.15 smcs,co; Ace Irrigation $817.66 smcs; Adamson,B $1,079.00 smcs; Advance Auto Parts $113.52 smcs; Agro $900.00 smcs; Air Purifier Repair $202.85 smcs; Alamar $4,521.18 smcs,ps; All Breakers $1,721.66 smcs; All Flags $323.73 smcs; Allied Electronics $189.38 smcs; Alltel $63.89 smcs; Alsco Industrial $461.92 smcs; Amazon $3,154.14 smcs; Amer Electric $216.70 smcs; Amer Library Assn $97.80 smcs; Amherst Public Schools $75.00 smcs; Andersen Wrecking $12.80 smcs; Anixter $331.31 co; Ask Supply $157.50 smcs; Ayers Distributing $129.00 smcs; Baker & Taylor $4,947.90 smcs; Barco Municipal $119.33 smcs; Barney Abstract $720.00 co; BBC Audiobooks $57.00 smcs; Bermuda Self Storage $852.51 smcs; Blackstone Audiobooks $113.85 smcs; Bluecross Blueshield $163,980.43 smcs; Bobs Super Store $173.75 smcs; Bosselman $900.00 smcs; Broadfoot's $12,246.23 smcs,co; Brown Traffic Products $58.54 smcs; Buffalo Co Reg of Deed $26.00 smcs; Buffalo Co Treasurer $2,639.81 co; Builders Warehouse $2,699.02 smcs,co; Buller Fixture $356.12 smcs; Byrne,D $9.90 smcs; Cash-Wa $700.33 smcs,co; CBA Lighting $351.00 smcs; Central Auto Electric $11.16 smcs; Central Community College $198.00 smcs; Central Hydraulic Systems $6,303.80 smcs; Central NE Bobcat $39.00 smcs; Central Platte NRD $32,466.03 co; Centurion Technologies $58.00 smcs; Certified Power $1,621.00 smcs; Charter Comm $54.99 smcs; Chief Industries $118,777.39 co; Chief Supply $104.94 smcs; City of Ky $84,939.10 smcs,ps; Clearfield Company $118.95 smcs; College Savings Plan of NE $50.00 ps; CO Truck Equipment $18.16 smcs; Commontimecom $39.76 smcs; Computer Hardware $109.90 co; Consolidated Electrical $1.37 smcs; Construction Rental $30.80 smcs; CopQuest Public Safety $127.45 smcs; Copycat $3,598.33 smcs; Crossroads Ford $723.05 smcs; Crushers $4,900.00 smcs; Culligan $34.20 smcs; Cummins Central Power $490.86 smcs; Custom Products $609.67 smcs; Danielson,S $498.13 smcs; Davis Instruments $180.00 co; Dawson Co PPD $10,163.51 smcs; Deeter Foundry $527.00 smcs; Dell $739.00 smcs,co; Depository Trust  $166,551.25 ds; Dept of the Treasury $18.01 ps; Designer Craft $3,271.00 co; Development Council $50,000.00 smcs; Diamond Vogel $32.16 smcs; Dowling,J $9.63 smcs; Duffy,J $58.73 smcs; Dultmeier Sales $133.63 smcs; Dutton-Lainson $228.49 smcs,co; Eakes Office $2,625.52 smcs,co; Earl May $59.95 smcs; Ecolab $29.00 smcs; EDM Equipment $1,360.68 smcs; Elliott Equipment $1,787.53 smcs; Elliott,J $366.00 smcs; Engels,D $232.50 smcs; Enslow Publishers $56.85 smcs; Eustis Body Shop $130.00 smcs; Fairbanks Int'l $2,364.36 smcs; Fastenal $662.58 smcs; Fastmart $65.00 smcs; Fedex $138.67 smcs; Feltz,B $15.00 smcs; Fireguard $737.91 smcs; Firehouse Subscription $78.00 smcs; Focused Technology $219.00 smcs; Frontier $8,184.08 smcs; Frontierair $603.30 smcs; G. Neil $180.42 smcs; Garrett Tires $3,247.29 smcs; Garringer,L $15.00 smcs; Gary's I-80 $235.00 smcs; General Traffic Controls $150.31 smcs; Grainger $945.66 smcs,co; Grand Central IGA $33.23 smcs; Great Plains One Call $328.05 smcs; Groves,M $15.00 smcs; H&H Distributing $369.60 smcs; Harbor Freight $68.98 smcs; Harley Davidson $18,433.01 smcs,co; Hastings-Entertainment $60.00 smcs; Heiman $2,612.98 smcs,co; Highsmith $81.58 smcs; Holmes Plumbing $301.65 smcs,co; Hometown Leasing $248.23 smcs; Hotsy Equipment $157.02 smcs; Hydrologic $175.00 smcs; ICMA RC $2,681.52 ps; IRS $93,673.29 ps; Int'l Code Council $1,018.25 smcs; ISDN $188.25 smcs; Jack Lederman $2,076.89 smcs; K&K Parts $203.33 smcs; Ky Centre Vac $300.00 co; Ky Clinic $863.00 smcs,ps; Ky Concrete $3,635.60 smcs,co; Ky Crete & Block $296.29 smcs,co; Ky Hub $3,124.79 smcs,co; Ky Humane Society $3,000.00 smcs; Ky Implement $34,041.54 smcs,co; Ky Towing $195.00 smcs; Ky Visitors Bureau $2,000.00 smcs; Ky Winlectric $16.71 smcs; Ky Winnelson $44.30 smcs; Kelly Supply $325.60 smcs; KFC $129.00 smcs; Killion Motors $231.73 smcs; Kirkham Michael $21,984.05 co; Kirk's Korner $225.84 smcs; Kmart $21.28 smcs; Lang,L $334.14 smcs; Laughlin,K $360.00 ps; Law Enforcement Training $75.00 smcs; Lawson Products $432.53 smcs; LCL Truck Equipment $105.38 smcs; Lewis,N $183.30 smcs; Lincoln Tent $350.00 smcs; Linweld $125.07 smcs; Lockmobile $125.00 smcs; Logan Contractors $125.99 smcs; Luke,D $58.50 smcs; Machines & Media $267.30 smcs; Magic Cleaning $2,950.00 smcs; Mail Express $140.75 smcs; Marlatt Machine $83.77 smcs; Marshall Cavendish $124.94 smcs; McDonald's $80.25 smcs; McMaster-Carr $184.52 smcs; Meadowbrook $10,663.00 smcs; Menards $1,476.18 smcs,co; Meridian Library System $10.00 smcs; MES Mid-America $2,528.49 smcs; Michael Burke $2,100.00 smcs; Michael Todd $251.54 smcs; Mid-NE Lubricants $3,762.00 smcs; Midwest Turf $160.67 smcs; Miller & Associates $75,457.57 smcs,co; Miller Signs $240.00 smcs; Moonlight Horseshoeing $50.00 smcs; Morgan,M $160.20 smcs; Mr Automotive $1,648.13 smcs; MSC Industrial $611.40 smcs; Municipal Pipe Tool $484.14 smcs; Napa All Makes $2,185.22 smcs; NASRO $475.00 smcs; Nat'l Hole in One $261.00 smcs; Nat'l Park & Recreation $465.00 smcs; NWWA $2,174.43 smcs; NE Child Support $2,095.32 ps; NE Dept of Environmental $12,687.38 smcs; NE Dept of Revenue $50,865.04 smcs; NE DOL/Boiler Inspection $150.00 smcs; NE Law Enforcement $80.25 smcs; NE Machinery $1,091.08 smcs; NE Section PGA $20.00 smcs; NE Trails Council $50.00 smcs; NE Truck Center $96,348.00 co; NE Workforce Development $9,310.66 ps; NEland Distributors $686.80 smcs; New Victorian Inn $149.60 smcs; New World Inn $182.40 smcs; Newman Signs $26.94 smcs; Nogg Chemical $3,964.47 co; Norm's Plumbing $267.50 smcs; Northgate Vet $91.00 smcs; Northwest Electric $248.92 smcs; Northwestern Energy $8,111.35 smcs; Norton,B $220.80 ps; NWA Air $590.10 smcs; Office Depot $388.31 smcs; Office Max $1,377.22 smcs,co; Officenet $558.69 smcs,co; Ohri,R $136.50 smcs; Omaha Fixture $1,143.54 smcs; Omaha PD $40.00 smcs; O'Reilly $669.85 smcs; Orscheln $518.17 smcs; Outdoor Recreation $2,817.00 co; Pat's Plumbing $1,050.00 smcs; Payless Building $3.41 smcs; Paypal $32.50 smcs; PEN Fire Engineer $740.00 smcs; Platte Valley Comm $7,478.02 smcs,co; Platte Valley Glass $72.00 smcs; Portable Computer Systems $12,696.00 co; Powerplan $2,319.94 smcs; Precision Industries $526.53 smcs; Precision Small Engine $370.64 smcs; Premiere Products $273.64 co; Presco Sales $1,720.00 smcs; Presto-X $140.00 smcs; Proquest Information $2,530.00 smcs; Purdy,K $47.00 smcs; Quality Inn Suites $110.00 smcs; Quill $338.18 smcs; Radio Shack $19.99 smcs; Rafferty's $111.35 smcs; Rainbow Book $1,369.41 smcs; Random House $243.60 smcs; RCL Products $2,916.71 smcs; Ready Mixed Concrete $698.04 smcs; Reams Sprinkler Supply $2,906.07 smcs; Recorded Books $197.35 smcs; Region 12 ABPA $60.00 smcs; Regional Books $16.46 smcs; REI Wildland Fire $29.90 smcs; Revere $145.50 smcs; Russ Sasakura Engineering $1,044.65 co; Russell's Appliance $1,166.00 smcs,co; Sahling Kenworth $434.91 smcs; Salter,J $156.50 smcs; Sapp Brothers $19,777.20 smcs; Schloss Engineered $803.75 smcs; S-F Analytical Lab $683.00 smcs; Sherwin Williams $172.88 smcs,co; Shirt Shack $273.00 smcs; Sid Dillion Wahoo $37,283.00 co; Skillpath Seminars $2,385.00 smcs; Snap-On Tools $6.95 smcs; Solid Waste Agency $37.81 smcs; Sports Imports $118.80 smcs; Springer Roofing $550.00 smcs; Squad-Fitters $69.00 smcs; State NE/Dept Aeronautics $2,095.00 er,ds; Stofferson,R $25.00 smcs; Stromberg's Chicks $122.00 smcs; Summit Heating $335.60 smcs; Superior Signals $772.80 smcs; Superiordoorpartscom $30.95 smcs; SYX Tigerdirect $507.18 smcs,co; Target $126.82 smcs; Teledyne $348.90 smcs; Thomson Gale $286.53 smcs; Tracer Electronics $173.07 smcs; Tractor-Supply $1,263.91 smcs; Travelocitycom $24.95 smcs; Tri City Outdoor Power $1,317.60 smcs; Turner Body Shop $500.00 smcs; Twin City Hardware $161.22 smcs; Unique Books $443.24 smcs; United Rotary Brush $505.66 smcs; UNK-Human Resources $182.05 ps; UPS $20.63 smcs; Urbanek,G $36.90 smcs; US Bank $346,306.25 ds; USA Blue Book $716.77 smcs; USPS $97.61 smcs; Vessco $2,105.47 smcs; Wal-Mart $2,533.72 smcs; Weathercraft $515.51 smcs; Wells Fargo Bank $43,378.13 smcs,ds; West Villa Animal $21.00 smcs; Wilke Donovan's $325.63 smcs,co; Wineman,J $575.00 smcs; Wingate Inn $253.94 smcs; WPCI $53.50 ps; Young,J $58.50 smcs; Young,M $29.63 smcs; Zapata,A $15.00 smcs; Payroll Ending 4-15-2006 -- $262,492.81.  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 May 9, 2006 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the request from the Downtown Improvement Board on closing Central Avenue from 23rd Street to 24th Street from 8:00 a.m. on Thursday, July 20, 2006, until 3:00 a.m. on Friday, July 21, 2006 for the Classic Rock Super Gig.

 

5.         Approve the request from the Kearney Volunteer Fire Department to block off Avenue K from 14th Street to 15th Street AND 15th Street from Avenue I to Avenue K, including the intersections, on April 29, 2006 from 7:00 a.m. until 3:00 p.m. for the purpose of performing two training burns at 1400 Avenue K and 911 East 15th Street.

 

6.         Approve Application and Certificate for Payment No. 5 in the amount of $59,247.22 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue and approve Resolution No. 2006-58.

 

RESOLUTION NO. 2006-58

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 5 in the amount of $59,247.22 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,036,342.20

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

+      9,820.00

Contract Sum To Date

1,046,162.20

Gross Amount Due

874,177.15

Retainage

43,708.86

Amount Due to Date

830,468.29

Less Previous Certificates for Payment

    771,221.07

Current Payment Due

$    59,247.22

 

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 5, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF APRIL, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

7.         Approve Application and Certificate for Payment No. 1 in the amount $145,655.10 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2005 Part I Improvements consisting of Paving Improvement District No. 2005-903 for Avenue N from the north lot line of Lot 5 of Block 2, Stoneridge Third Addition and the south lot line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a distance of 1,698.08± feet; Paving Improvement District No. 2005-904A for Avenue N from the south lot line of Lot 4, Eastbrooke Fourth Addition, thence north a distance of 210± feet and approve Resolution No. 2006-59.

 

RESOLUTION NO. 2006-59

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2005 Part I Improvements consisting of Paving Improvement District No. 2005-903 for Avenue N from the north lot line of Lot 5 of Block 2, Stoneridge Third Addition and the south lot line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a distance of 1,698.08± feet; Paving Improvement District No. 2005-904A for Avenue N from the south lot line of Lot 4, Eastbrooke Fourth Addition, thence north a distance of 210± feet, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $145,655.10 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$ 684,445.60

Contract Sum To Date

$ 684,445.60

Gross Amount Due

161,839.00

Retainage

16,183.90

Amount Due to Date

145,655.10

Less Previous Certificates for Payment

               .00

Current Payment Due

$145,655.10

 

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 1, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF APRIL, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

8.         Approve the bids received for the 2006 Part II Improvements consisting of Water Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street; Sewer Main Replacement at 37th Street and 14th Avenue; Sewer Replacement Project in Avenue E from 31st Street to 33rd Street; Water Main Replacement in 12th Avenue from 22nd Street to 23rd Street; Water Main Extension in 7th Avenue from 30th Street to 31st Street; Water Main Extension in the alley east of 9th Avenue to 8th Avenue; and Water Main Crossing at 5th Avenue and approve Resolution No. 2006-60 awarding the bid to Midlands Contracting in the amount of $374,841.38.

 

RESOLUTION NO. 2006-60

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on April 18, 2006, at 2:00 p.m. for the 2006 Part II Improvements consisting of Water Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street; Sewer Main Replacement at 37th Street and 14th Avenue; Sewer Replacement Project in Avenue E from 31st Street to 33rd Street; Water Main Replacement in 12th Avenue from 22nd Street to 23rd Street; Water Main Extension in 7th Avenue from 30th Street to 31st Street; Water Main Extension in the alley east of 9th Avenue to 8th Avenue; and Water Main Crossing at 5th Avenue; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $433,253.68; and

WHEREAS, the said engineers have recommended the bid offered by Midlands Contracting of Kearney, Nebraska in the sum of $374,841.38 be accepted as the lowest responsible bids.  

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Midlands Contracting of Kearney, Nebraska be and is the lowest responsible bidder for the 2006 Part II Improvements consisting of Water Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street; Sewer Main Replacement at 37th Street and 14th Avenue; Sewer Replacement Project in Avenue E from 31st Street to 33rd Street; Water Main Replacement in 12th Avenue from 22nd Street to 23rd Street; Water Main Extension in 7th Avenue from 30th Street to 31st Street; Water Main Extension in the alley east of 9th Avenue to 8th Avenue; and Water Main Crossing at 5th Avenue to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Midlands Contracting of Kearney, Nebraska in the sum of $374,841.38 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2006 Part II Improvements in the amount of $433,253.68 be and is hereby accepted.

BE IT FURTHER RESOLVED that the Vice-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 25TH DAY OF APRIL, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

9.         Approve the request submitted by Joe Carlson to conduct a parade sponsored by the Archway, Trails and Rails Museum, Fort Kearny, and the Kearney Chamber of Commerce on June 3, 2006 beginning at 9:30 a.m. The route would begin at the Archway Monument, west on 1st Street to Avenue M, north on Avenue M to 11th Street, west on 11th Street and ending at the Trails and Rails Museum.

 

10.        Approve setting May 9, 2006 at 7:00 p.m. as time and date for the Board of Equalization to assess costs for Lot 1, Stoneridge Fourth Addition in connection with Paving Improvement District No. 2003-873, and to assess costs in Paving Improvement District Nos. 2004-884, 2004-886, 2004-887, 2004-888, 2004-889; Water District Nos. 2004-533, 2004-534, 2005-540; Sewer District Nos. 2004-475, 2004-476, 2004-477.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7251 – REZONING 1790 ANTELOPE AVENUE (PERTAINS TO PUBLIC HEARING 2)

 

Moved by Kearney and seconded by Clouse that Ordinance No. 7251 rezoning from “District AG, Agricultural District” to “District RR-2, Rural Residential District (Intermediate Standards)” property described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska (1790 Antelope Avenue) remain on the table until May 9, 2006. Roll call resulted as follows:  Aye: Buschkoetter, Kearney, Lear, Clouse. Nay: None. Hadley absent. Motion carried.

 

OPEN ACCOUNT CLAIMS: NEBRASKA PUBLIC POWER DISTRICT - $4,532.57; FREMONT NATIONAL BANK - $39,177.53; PLATTE VALLEY STATE BANK - $1,569.04

 

Moved by Lear seconded by Buschkoetter that Open Account Claim in the amount of $4,532.57 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Buschkoetter, Lear, Kearney. Nay: None. Clouse abstained. Hadley absent. Motion carried.

 

Moved by Buschkoetter seconded by Kearney that Open Account Claims in the amount of $39,177.53 payable to Fremont National Bank and in the amount of $1,569.04 payable to Platte Valley State Bank be allowed. Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney. Nay: None. Lear abstained. Hadley absent. Motion carried.

 

VII.    REPORTS

 

LISTENING SESSION ON SMOKING POLICY

 

Council member Clouse reminded the public of the listening session on the smoking policy is tomorrow, April 26, 2006, in the Council Chambers at 7:00 p.m.

 

VIII.    ADJOURN

 

Moved by Kearney seconded by Clouse that Council adjourn at 7:18 p.m. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lear, Clouse. Nay: None. Hadley absent. Motion carried.

 

 

                                                                                    RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK