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Kearney, Nebraska

June 27, 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 June 27, 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 and Stan Clouse. Absent: Galen Hadley and Bruce Lear.  Michael W. Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant to City Manager; Wendell Wessels, Director of Finance and Administration; and Kirk Stocker, Director of Utilities were also present. Some of the citizens present in the audience included: Bob Lammers, Michael Johnson, Doug Geist, Mike Konz from the Kearney Hub, and Paul Wice from KGFW Radio.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Reverend Doug Shada from the Cornerstone Berean Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

The Council members led the audience in the Pledge of Allegiance.

 

ANNOUNCEMENT

 

Vice-President Buschkoetter announced that in accordance with Section 84-1412 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is available for review and is posted on the wall at the back of the Council Chambers.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

LAND USE MAP AMENDMENT – 570 FEET WEST OF THE INTERSECTION OF SWEETWATER AVENUE AND COAL CHUTE ROAD

 

Vice-President Buschkoetter stated that the applicant has withdrawn the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agricultural Preserve” to “Rural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 Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road).  Therefore, no action was necessary.

 

REZONING – 570 FEET WEST OF THE INTERSECTION OF SWEETWATER AVENUE AND COAL CHUTE ROAD

 

Vice-President Buschkoetter stated that the applicant has withdrawn the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Bobbie G. Vogt for Vogt Family Trust (Owner) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as a tract of land being part of Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road).  Therefore, no action was necessary.

 

FINAL PLAT – VOGT SUBDIVISION

 

Vice-President Buschkoetter stated that the applicant has withdrawn the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Bobbie G. Vogt for Vogt Family Trust (Owner) for final plat approval and Subdivision Agreement for “VOGT SUBDIVISION” a subdivision being part of Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road).  Therefore, no action was necessary.

 

REZONING – 145 FEET WEST OF THE INTERSECTION OF 22ND AVENUE AND 50TH STREET

 

Vice-President Buschkoetter stated the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 0.656 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street) will remain on the table until July 11, 2006.  Therefore, no action was necessary.

 

CASTLE RIDGE THIRD FINAL PLAT

 

Vice-President Buschkoetter stated the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for final plat approval and Subdivision Agreement for “CASTLE RIDGE THIRD” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being Lot 1 of Block 4 (to be vacated), North Park, an addition to the City of Kearney, Buffalo County, Nebraska AND part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 1.004 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street) will remain on the table until July 11, 2006.  Therefore, no action was necessary.

 

CASTLE RIDGE THIRD – INCLUDE TO CITY LIMITS

 

Vice-President Buschkoetter stated the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for the inclusion into the City limits of “CASTLE RIDGE THIRD” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being Lot 1 of Block 4 (to be vacated), North Park, an addition to the City of Kearney, Buffalo County, Nebraska AND part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 1.004 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street) will remain on the table until July 11, 2006.  Therefore, no action was necessary.

 

LIQUOR LICENSE – DURTY DOUGS TACO BAR; 1412 WEST 24TH STREET

 

Vice-President Buschkoetter opened the public hearing on the Application for a Class I-72702 (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License submitted by Douglas P. & Pamala M. Geist, dba “Durty Dougs Taco Bar” located at 1412 West 24th Street, #3 and to consider approval of Resolution No. 2006-104.

 

Doug Geist, 529 F Road, Naponee, Nebraska, presented this matter to the Council. Their concept is an upscale fast food establishment which will be serving draft beer and wine coolers.  Council member Buschkoetter asked Mr. Geist what measures he would be taking to train his staff since his establishment is in close proximity to UNK to make certain they are not serving underage persons.  Mr. Geist responded that he owns and operates The Station in Alma, Nebraska where he also has a liquor license and has gone to great lengths to make sure they have not sold to minors. On Tuesday nights they sell about 500 tacos in 1½ hours.  He has talked to the Police Department in Kearney and once his staff is hired, they will go through the class that the Police Department offers regarding liquor sales. 

 

In regard to being close to UNK, Mr. Geist believed that it is his utmost responsibility to make sure that selling to minors does not happen.  Since this is his business, his integrity is at stake and he understands the position that puts him in.   His policy in Alma is to ID everyone under 30 years old.  In Kearney, they will probably ID everyone who orders a draft beer or wine cooler.  He was confident that he could put the right people in place to make sure that no violations happen.  There will not be a bar area in the building; basically liquor will be served with the menu items.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the Application for a Class I-72702 Liquor License submitted by Douglas P. & Pamala M. Geist, dba “Durty Dougs Taco Bar” located at 1412 West 24th Street, #3 and approve Resolution No. 2006-104. Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney. Nay: None. Hadley and Lear absent. Motion carried.

 

RESOLUTION NO. 2006-104

 

            WHEREAS, DOUGLAS P. & PAMALA M. GEIST, dba “Durty Dougs Taco Bar” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘I-72702’ (Beer, Wine, Distilled Spirits – On Sale Only) Liquor License to do business at 1412 West 24th Street, #3, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, a hearing was held relating to said application on June 27, 2006.

            NOW, THEREFORE, BE IT RESOLVED that the Vice-President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘I-72702’ (Beer, Wine, Distilled Spirits – On Sale Only) Liquor License to DOUGLAS P. & PAMALA M. GEIST, dba “Durty Dougs Taco Bar” located at 1412 West 24th Street, #3, Kearney, Nebraska.

            BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the Council action favoring the issuance of said license in the Minute Record of the proceedings of the Council.

            PASSED AND APPROVED THIS 27TH DAY OF JUNE, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Vice-President Buschkoetter stated that the Council members have received calls with regard to the application for Special Designated License submitted by Whiskey Creek for the Buffalo County Fair in August.  This is similar to other applications in the past for the Fair. This application and previous applications were for the Exposition Building and a fenced in beer garden area.

 

Moved by Clouse seconded by Buschkoetter that Subsections 1 through 16 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Clouse. Nay: None. Hadley and Lear absent.  Motion carried.

 

1.         Approve Minutes of Regular Meeting held June 13, 2006, and Minutes of Special Meeting held June 19, 2006.

 

2.         Approve the following Claims: A.M. Player $567.36 smcs; ABC Seamless Gutter $575.00 smcs; Accu-Cut Systems $168.00 smcs; Ace Hardware $888.95 smcs; Aervoe Industries $543.90 smcs; Agro $1,272.80 smcs; Air Midway $22.89 smcs; Alamar Uniforms $92.50 ps; All Makes Auto Supply $15.00 smcs; Alltel $593.75 smcs; Amazon $447.16 smcs; Amer Electric $40.47 smcs; Amer Fence $1,385.00 smcs; Amer Red Cross $45.00 smcs; Anderson Brothers $512.03 smcs; Anderson Ford $13,040.00 co; Appliance Service Center $19.95 smcs; Argo Int'l $865.63 smcs; Armstrong $1,277.57 smcs; Artic Refrigeration $460.39 smcs; Ask Supply $850.11 smcs; Auto Glass Center $173.63 smcs; B&B Auto Glass $742.10 co; B&D Diamond Pro $1,820.00 smcs; Badge Mint $90.54 smcs; Baker & Taylor Books $3,775.76 smcs; Bamford $1,160.00 co; Baristas Daily Grind $10.00 smcs; Barney Ins $190.00 smcs; BBC Audiobooks $57.00 smcs; Bear Frame $158.83 smcs; Bellevue Settle Inn $300.00 smcs; Best Lock $334.65 smcs; Big Flag Farm $12.47 smcs; Blair,K $15.00 smcs; Blessing $17,667.75 co; Bluecross Blueshield $60,718.55 smcs; Bobs Super Store $195.05 smcs,ps; Bomgaars $29.99 smcs; Bosselman $27,870.02 smcs; Bowman,R $100.00 smcs; Boyd's Full Service Vending $28.80 smcs; Breathing Air Systems $398.06 smcs; Broadfoot's $1,516.00 smcs; Buffalo Air Service $6,000.00 smcs; Buffalo Co Court $331.97 smcs,ps; Buffalo Co Sheriff $40.00 smcs; Buffalo Co Treasurer $18,840.00 smcs,co; Buggy Bath $40.00 smcs; Builders Warehouse $1,830.66 smcs,co; Cabela's $334.16 smcs; Cables To Go $43.54 smcs; Cash Wa $7,417.54 smcs; Ced Enterprise Electric $3.93 smcs; Cee-Jay Research $28.54 smcs; Centaur Enterprises $87.30 smcs; Central Auto Electric $46.44 smcs; Central Hydraulic $2,713.54 smcs; Central NE Equipment $94.72 smcs; Charter $54.99 smcs; Chesterman $2,256.00 smcs; Chippewa Realty $9,395.00 co; City of Glass $69.94 smcs; City of Ky $78,716.46 smcs,ps; Clean Team $28.85 smcs; Cold Spring Granite $115,000.00 co; College Savings Plan of NE $50.00 ps; Computer Pros $36.94 smcs; Computer Warehouse #4 $25.75 smcs; Construction Rental $297.38 smcs; Copycat Printing $1,505.49 smcs; Corporate Edge $2,448.00 smcs; CQ Press $285.00 smcs; Cracker Barrel $31.63 smcs; Creative Teacher $46.19 smcs; Crossroads Computing $229.17 smcs; Crossroads Ford $506.01 smcs; Culligan $73.00 smcs; Cummins Central Power $436.92 smcs; Custom Air Photo's $520.00 smcs; Dandee Construction $438.00 smcs; Dawson Co PPD $23,701.51 smcs; Days Inn Grand Dakota $221.00 smcs; Dell Marketing $1,168.44 smcs,co; Dept of the Treasury $7.84 ps; Depository Trust $195,158.75 ds; Development Council $5,000.00 smcs; Diamond Vogel $228.58 smcs; Dickey,S $25.00 smcs; Dinsdale,T $1,457.26 smcs; Dollar Rac $229.98 smcs; Doubletree Hotels $667.92 smcs; DPC Industries $5,160.30 smcs; Dubs $20.41 smcs; Dutton-Lainson $14.91 smcs; Eakes $3,788.16 smcs,co; Earl May $59.98 smcs; Eating Establishment $16,680.00 co; EDM Equipment $151.46 smcs; Eileens Cookies $14.00 smcs; Elliott $7,170.84 smcs; Envision Ware $2,042.55 smcs; Eustis Body Shop $986.52 smcs; Experior Assessments $99.00 smcs; Fairbanks Int'l $78.78 smcs; Farmers Union $930.40 smcs; Fast Mart $105.30 smcs; Fastenal $1,695.57 smcs; Fedex $94.50 smcs; Fiddelke Heating $31.84 smcs; Firecom $39.14 smcs; Fireguard $4,000.00 co; Flying J $117.08 smcs; FMCO/Schaben $34.11 smcs; Footjoy $220.17 smcs; Fotoconnection $232.95 co; Fredrickson Building $4,600.00 co; Garrett Tires $3,332.84 smcs; Gealy's Green House $150.00 smcs; Goodwill Industries $8,680.00 co; Gopher Sport $129.77 smcs; Graham Tire $333.26 smcs; Grainger $950.27 smcs; Grand Central IGA $159.84 smcs; Great Amer Outdoor $150.13 smcs; Green-Save $507.92 smcs; Guideposts $16.94 smcs; H&H Distributing $471.00 smcs; Hach $368.94 smcs; Halsten & Hoggan $136.45 smcs; Harley Davidson Central $193.30 smcs; Heins,P $12.00 smcs; Hobby-Lobby $114.26 smcs; Hoffman Petroleum $313.22 smcs; Holiday Inn Express $120.00 smcs; Holmes Plumbing $1,347.29 smcs,co; Hooker Brothers $221.70 smcs; Hossain,S $30.00 smcs; Hotsy Equipment $33.01 smcs; Hyatt Hotels $1,004.05 smcs; Hydrologic $175.00 smcs; ICMA RC $2,969.90 smcs,ps; Inland Truck Parts $251.18 smcs; Insite Instrumentation $1,425.00 smcs; IRS $96,563.50 ps; Jack Lederman $77.47 smcs; Jamar Technologies $3,650.50 co; Jimmy Johns $30.00 smcs; K&K Parts $696.59 smcs,co; Ky Chamber of Comm $125.00 smcs; Ky Clinic $3,253.00 ps; Ky Comm Foundation $25.00 smcs; Ky Concrete $1,104.38 smcs; Ky Hub $3,196.02 smcs; Ky Implement $3,288.55 smcs; Ky Towing $135.00 smcs; Ky Visitors Bureau $29,100.20 smcs; Ky Warehouse $2,343.45 smcs; Ky Yamaha $84.15 smcs; KEI Building $10,800.00 co; Kelly Inn Omaha $136.00 smcs; Kelly Supply $427.55 smcs; Killion Motors $150.30 smcs; Kipp Brothers $127.00 smcs; Kirkham Michael $137,795.02 smcs; Kmart $61.75 smcs; Koetters,J $17.94 smcs; Kratzer,B $35.00 smcs; Kriz Davis $272.86 smcs; Kussmaul Electronics $220.53 smcs; Labsafe $70.29 smcs; Lasertec $980.37 smcs; Laughlin,K $360.00 ps; Lawson Products $877.40 smcs; Library Hotline $119.99 smcs; Lighthouse Uniform $44.85 ps; Lincoln Airport Authority $24.00 smcs; Lincoln Truck Center $51.35 smcs; Linweld $492.52 smcs; Lock and Safe $9.75 smcs; Lockmobile $26.50 smcs; Logan Contractors $1,022.85 smcs; Luke,D $803.80 smcs; Mac's $10.25 smcs; Magic Cleaning $3,610.00 smcs; Mail Express $24.68 smcs; Manufacturer's News $69.00 smcs; Marlatt Machine Shop $204.72 smcs; MAS Modern Marketing $247.66 smcs; Mason Truck Accessories $570.00 co; McMurray Hatchery $80.27 smcs; Menards $2,253.34 smcs; Microfilm Imaging $295.50 smcs; Mid America Sales $1,451.35 smcs; Mid-Kan Blueline $5,989.00 co; Midlands Contracting $1,656.00 co; Mid-State Units $90.00 smcs; Midway Chevrolet $95.18 smcs; Midwest Lab $12.70 smcs; Midwest Turf $232.33 smcs; Miller & Associates $49,384.01 co; Miller Signs $285.00 smcs; Mindware $58.90 smcs; Miracle Recreation $24.00 smcs; Moore Construction $1,428.00 co; Moss & Barnett $488.10 smcs; Most Dependable Fountains $1,800.00 smcs; Mr. Automotive $1,747.14 smcs; MSI System Integrators $25,091.54 smcs; Municipal Pipe Tool $19,850.00 co; Murphy Tractor $235.67 smcs; Napa All Makes Auto $1,485.16 smcs; Nash Finch $115,794.00 co; National Waterworks $14,658.53 smcs; Nature-Watch $165.00 smcs; NCS Equipment $392.00 smcs; NE Child Support $2,185.06 ps; NE Dept of Environmental $231,337.72 smcs,ds; NE Dept of Motor Vehicle $6.50 co; NE Dept of Revenue $41,528.75 smcs; NE DOL/Boiler Inspection $72.00 smcs; NE Golf Assn $3,664.00 smcs; NE Library Commission $317.00 smcs; NE Machinery $1.01 smcs; NE Sec of State $1.80 smcs; Neal-Schuman Publishers $143.45 smcs; NEland Distributors $515.25 smcs; Neon Small Business $90.00 smcs; Nogg Chemical $795.47 smcs; Norm's Plumbing $136.83 smcs; North Platte Telegraph $32.05 smcs; Northwestern Energy $1,143.33 smcs; Office Max $1,356.80 smcs,co; Officenet $1,068.82 smcs,co; OMB Police Supply $32.97 smcs; Oncourt Offcourt $67.90 smcs; O'Reilly $311.42 smcs; Oriental Trading $135.74 smcs; Orscheln $1,591.78 smcs; Outdoor Recreation $700.00 smcs; Packer,A $51.64 smcs; Paramount Linen $61.96 smcs; Paulsen $170,655.09 co; Piranahadisc Sales $39.00 smcs; Platte Valley Comm $2,345.15 smcs; Pocketpctechs $34.68 smcs; Portable Computer Systems $755.00 smcs; Postal Radar $600.00 smcs; Quality Books $380.23 smcs; Quality Inn & Suites $488.75 smcs; Quill $222.23 smcs; Quiznos $28.59 smcs; R&R Products $104.49 smcs; Radio Shack $250.30 smcs; Rainbow Group $838.26 smcs; Rainbow Racing $38.80 smcs; Random House $231.20 smcs; RCL Products $69.67 smcs; Reams Sprinkler $2,737.55 smcs,co; Recognition Unlimited $16.44 smcs; Recorded Books $654.20 smcs; Red River Llamas $22.00 smcs; Reserve Account $8,000.00 smcs; Revere $79.80 smcs; Rhode Island Novelty $56.00 smcs; Roadbuilders $1,190.76 smcs; Rocky Mountain Chocolate $14.25 smcs; Roper's Radiator $25.00 smcs; Russel's Appliance $150.00 smcs; SS Arts Craft $364.81 smcs; Sahling Kenworth $426.16 smcs; Sapp Brothers $18,902.03 smcs; Sara Lee Bakery $83.77 smcs; Schmitt,J $731.22 smcs; Schrock,S $3,032.00 co; Schutte,R $31.25 smcs; Schwan's $463.36 smcs; Shell Oil $38.50 smcs; Sherrerd,D $3,032.00 co; Sherwin Williams $450.97 smcs; Shirt Shack $1,059.80 smcs; Sign Center $700.00 smcs; Simmons Gun Specialties $4,388.40 smcs; Smitty's Construction $836.18 co; Snap-On Tools $495.00 smcs; Snow,T $185.00 smcs; Source 1 $524.72 co; SSG BSN/Passon $264.91 smcs; SSI $121.95 smcs; State Supply $107.76 smcs; Steinbrink's Landscaping $272.91 smcs,co; Stetson Building $56.68 smcs; Stocker,K $12.00 smcs; Strategic Insights $600.00 smcs; Stromberg's Chicks $19.50 smcs; Stumps $53.93 smcs; Sundance Feed & Seed $31.36 smcs; Sungard $65,522.07 smcs; Sunmart $203.55 smcs; Super Shine Auto Care $159.43 smcs; Supercircuits $280.75 smcs; Superior Signals $333.45 smcs; Taddicken,B $25.00 smcs; Tan Do $489.50 smcs; Target $4.99 smcs; Texoma Golf $152.20 smcs; Thompson,L $90.00 smcs; Thomson Gale $380.23 smcs; Tigerdirect $296.12 smcs; Titelist $6,925.94 smcs; Tractor Supply $1,529.29 smcs; Tri City Outdoor $3,810.72 smcs,co; Turfwerks $114.43 smcs; Turner Body Shop $160.00 smcs; UAP $298.22 smcs; Ullman,C $60.00 smcs; UPRR $100.00 er; Unique Books $15.70 smcs; UPS $7.58 smcs; Upstart $785.00 smcs; Urbanek,G $170.20 smcs; US Toy $133.67 smcs; USA Blue Book $234.23 smcs; USPS $177.41 smcs; Van Diest Supply $2,070.77 smcs; Video Service $168.86 smcs; W.T. Cox Subscriptions $8,672.06 smcs; Waldenbooks $56.99 smcs; Wal-Mart $2,854.53 smcs; West Co. $1,062.30 smcs; Wiederspan,R $70.99 smcs; Wilke Donovans $553.25 smcs; Wilke Hinrichs Stober $4,285.96 co; Williams,M $258.33 smcs; WPCI $267.50 ps; Zimmerman Printers $191.00 smcs; Payroll Ending 6-10-2006 -- $296,934.75.  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 July 11, 2006 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the application submitted by Broadfoot Sand and Gravel to extend Conditional Use Permit No. 2000-07 for a clay extraction operation at 70th Street and 30th Avenue for a period of two years.

 

5.         Approve the Employment Agreement between the City of Kearney and Michael W. Morgan and approve Resolution No. 2006-105.

 

RESOLUTION NO. 2006-105

 

            WHEREAS, the City Council of the City of Kearney, Nebraska, do hereby fix, prescribe and limit salary and wages to be paid by this City to the City Manager, pursuant to the authority granted in Section 1-301 of the Code of the City of Kearney, Nebraska, and Section 19-620 of the Nebraska Revised Statutes.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the City Manager be paid an annual salary of One Hundred Twenty Thousand Two Hundred Four Dollars ($120,204.00) effective July 1, 2006; said salary to be paid bi-weekly from any City funds in such proportionate amounts as the City Manager may determine.

            BE IT FURTHER RESOLVED that the Vice-President of the Council be and is hereby authorized and directed to execute the Employment Agreement.

            PASSED AND APPROVED THIS 27TH DAY OF JUNE, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

6.         Approve Resolution No. 2006-106 appointing members to fill the vacancies/expirations on the following Boards/Commissions: Jonathan Crouch to serve on the Advisory Board of Cable Commissioners, Rod Ridgway to serve on the Board of Adjustment, and Mark Loescher to serve on the Downtown Improvement Board.

 

RESOLUTION NO. 2006-106

 

            WHEREAS, Resolution No. 2005-96 calls for Citizen Board/Commission member appointments to be made by resolution submitted by the Mayor to the City Council for final approval; and

            WHEREAS, vacancies currently exist on certain Boards/Commissions.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the following persons, as proposed by the Mayor of the City of Kearney, Nebraska, are hereby appointed to the designated Boards/ Commissions for the term indicated:

ADVISORY BOARD OF CABLE COMMISSIONERS

            Jonathan Crouch appointed to succeed Kris Jerke to July 31, 2008

BOARD OF ADJUSTMENT

            Rod Ridgway appointed to succeed John Rademacher to July 31, 2009

 DOWNTOWN IMPROVEMENT BOARD

            Mark Loescher appointed to succeed Tanis Hall-Goedert to July 31, 2009

 

            BE IT FURTHER RESOLVED that this resolution shall be in full force and effect from and after its adoption. 

            PASSED AND APPROVED THIS 27TH DAY OF JUNE, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

7.         Approve the request from the Police Department to the temporarily close Avenue B from Railroad Street to a half block north on July 22, 2006 from 8:00 a.m. until 5:00 p.m. for the annual auction.

 

8.         Approve Application and Certificate for Payment No. 2 in the amount of $101,326.95 submitted by Blessing, LLC and approved by Miller & Associates for the 2005 Part VI Improvements – Bid B consisting of Paving Improvement District No. 2005-905 for 47th Street Place from 6th Avenue to its terminus in a cul-de-sac; and Paving Improvement District No. 2005-906 for 4th Avenue from 44th Street north to 48th Street and approve Resolution No. 2006-107.

 

RESOLUTION NO. 2006-107

 

WHEREAS, Blessing, LLC has performed services in connection with the 2005 Part VI Improvements – Bid B consisting of Paving Improvement District No. 2005-905 for 47th Street Place from 6th Avenue to its terminus in a cul-de-sac; Paving Improvement District No. 2005-906 for 4th Avenue from 44th Street north to 48th Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $101,326.95 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$200,101.60

Contract Sum To Date

200,101.60

Gross Amount Due

145,240.00

Retainage

14,524.00

Amount Due to Date

130,716.00

Less Previous Certificates for Payment

    29,389.05

Current Payment Due

$101,326.95

 

            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. 2, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 27TH DAY OF JUNE, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

9.         Approve Application and Certificate for Payment No. 1 in the amount of $53,283.38 submitted by Midlands Contracting and approved by Miller & Associates 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 approve Resolution No. 2006-108.

 

RESOLUTION NO. 2006-108

 

WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2006 Part II Improvements consisting of Water Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $53,283.38 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$374,841.38

Contract Sum To Date

374,841.38

Gross Amount Due

59,203.76

Retainage

5,920.38

Amount Due to Date

53,283.38

Less Previous Certificates for Payment

               .00

Current Payment Due

$53,283.38

 

            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 27TH DAY OF JUNE, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

10.        Approve Change Order No. 1 showing an increase in the amount of $19,967.10, Application and Certificate for Payment No. 7-Final in the amount of $22,075.72, and Certificate of Substantial Completion submitted by Paulsen, Inc. and approved by Miller & Associates for the 2005 Part IV Improvements – Bid B consisting of Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west to 3rd Avenue; and Paving Improvement District No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition and approve Resolution No. 2006-109.

 

RESOLUTION NO. 2006-109

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2005 Part IV Improvements – Bid B consisting of Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $19,967.10 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. 7-Final in the amount of $22,075.72 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$292,727.25

            Change Order No. 1 (6-27-2006)

+  19,967.10

Contract Sum To Date

$312,694.35

Gross Amount Due

312,694.35

Retainage

.00

Amount Due to Date

312,694.35

Less Previous Certificates for Payment

  290,618.63

Current Payment Due

$  22,075.72

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of May 24, 2006, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-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. 7-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 27TH DAY OF JUNE, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

11.        Approve Application and Certificate for Payment No. 3 in the amount of $298,456.39 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2005 Part I Improvements – Bid A 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. 2006-110.

 

RESOLUTION NO. 2006-110

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2005 Part I Improvements – Bid A 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. 3 in the amount of $298,456.39 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

580,850.25

Retainage

29,042.51

Amount Due to Date

551,807.74

Less Previous Certificates for Payment

  253,351.35

Current Payment Due

$298,456.39

 

            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. 3, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 27TH DAY OF JUNE, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

12.        Approve Application and Certificate for Payment No. 1 in the amount of $30,339.23 submitted by Blessing, LLC and approved by Miller & Associates for the 2006 Part I Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2006-111.

 

RESOLUTION NO. 2006-111

 

WHEREAS, Blessing, LLC has performed services in connection with the 2006 Part I Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $30,339.23 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$746,693.00

Contract Sum To Date

$746,693.00

Gross Amount Due

33,710.25

Retainage

3,371.03

Amount Due to Date

30,339.23

Less Previous Certificates for Payment

              .00

Current Payment Due

$  30,339.23

 

            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 27TH DAY OF JUNE, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

13.        Approve the application submitted by Cheryl Schroeder to extend Conditional Use Permit No. 2998-05 to locate a Bed and Breakfast at 2915 5th Avenue for a period of one year.

 

14.        Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and Jeffery Sikes, Designated Agent for TWL, LLC; David Terveen, Lynn Terveen; and Myron Letcher and Carol Letcher for the construction of public infrastructure for Lots 1 through 6 of Block 1, Lots 1 through 7 of Block 2, Lots 1 through 5 of Block 3, and Lots 1 through 7 of Block 4, all in Bel Air Third Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2006-112.

 

RESOLUTION NO. 2006-112

 

            BE IT RESOLVED BY THE VICE-PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” between the City of Kearney and Jeffery Sikes, Designated Agent for TWL, LLC, David Terveen, Lynn Terveen, and Myron Letcher and Carol Letcher for the construction of public infrastructure for Lots 1 through 6 of Block 1, Lots 1 through 7 of Block 2, Lots 1 through 5 of Block 3, and Lots 1 through 7 of Block 4, all in Bel Air Third Addition to the City of Kearney, Buffalo County, Nebraska be and is hereby accepted and approved. The Agreement, marked as Exhibit 1 is attached hereto, negotiated with Jeffery Sikes, Designated Agent for TWL, LLC, David Terveen, Lynn Terveen, and Myron Letcher and Carol Letcher to construct public improvements which include water, sanitary sewer, storm sewer and paving within the said subdivision.

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

            PASSED AND APPROVED THIS 27TH DAY OF JUNE, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

15.        Approve the application for a Special Designated License submitted by KEARNEY STEAK COMPANY, dba “Whiskey Creek” in connection with their Class IK35628 to dispense beer, wine, and distilled spirits in the Exposition Building and in a designated fenced beer garden west of the Exposition Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on August 3, 4, 5, and 7, 2006 from 8:00 a.m. until 1:00 a.m. and on August 6, 2006 (Sunday) from 12:00 noon until 12:00 midnight in connection with the Buffalo County Fair.

 

16.        Consider the request for a variance submitted by Paulino Salinas to install a parking slab for wheel chair accessibility on property described as Lots 281 and 282, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska  (2109 Avenue C) and approve Resolution No. 2006-113.

 

RESOLUTION NO. 2006-113

 

            WHEREAS, Paulino Salinas has requested permission to install a parking slab for wheel chair accessibility on property located at 2109 Avenue C; and

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the request from Paulino Salinas to install a parking slab for wheel chair accessibility on property located at 2109 Avenue C be approved subject to the execution of an Agreement with the City Manager and Paulino Salinas.

            PASSED AND APPROVED THIS 27TH DAY OF JUNE, 2006.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7258 – REZONING 570 FEET WEST OF THE INTERSECTION OF SWEETWATER AVENUE AND COAL CHUTE ROAD (PERTAINS TO PUBLIC HEARING 2)

 

Vice-President Buschkoetter stated the applicant has withdrawn its application to rezone; therefore, Ordinance No. 7258 was also withdrawn. Therefore, no action was necessary.

 

ORDINANCE NO. 7268 – VACATE (PERTAINS TO PUBLIC HEARING 4)

 

Ordinance No. 7268 vacating Lot 1 of Block 4, North Park, an addition to the City of Kearney, Buffalo County, Nebraska (2204 West 50th Street) which pertains to Public Hearing 4 will remain on the table until July 11, 2006.  Therefore, no action was necessary.

 

ORDINANCE NO. 7269 REZONE 145 FEET WEST OF THE INTERSECTION OF 22ND AVENUE AND 50TH STREET (PERTAINS TO PUBLIC HEARING 4)

 

Ordinance No. 7269 rezoning from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 0.656 acres, more or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and 50th Street) which pertains to Public Hearing 4 will remain on the table until July 11, 2006.  Therefore, no action was necessary.

 

OPEN ACCOUNT CLAIMS: FREMONT NATIONAL BANK -- $39,011.54

 

Moved by Buschkoetter seconded by Kearney that Open Account Claims in the amount of $39,011.54 payable to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney. Nay: None. Hadley and Lear absent. Motion carried.

 

VII.    REPORTS

 

39TH STREET UPDATE

 

City Manager Michael Morgan stated that the 39th Street project is moving along and they hope to switch sides later this week.  The other side has less utilities and conflicts so they hope for good weather during the week to get the project completed on time.

 

2ND AVENUE UPDATE

 

City Manager Michael Morgan stated that the State’s project on 2nd Avenue viaduct has switched to the other lane.  He has received questions regarding the reason why the surface is so rough. The surface has been prepared that way due to ice control because the viaduct tends to ice over in the winter.    

 

AVENUE N PROJECT

 

City Manager Michael Morgan also reported that Avenue N is open which was a great City/County cooperative project.

 

OPEN MEETINGS ACT

 

City Clerk stated the Nebraska Legislature has amended the state law concerning the Open Meetings Act.  This law will become effective July 14, 2006.  It is required that all public bodies, which includes the City’s Boards/Commissions, must have posted in the meeting room a current copy of the Open Meetings Act.  The presiding officer must announce at the beginning of each meeting that the Open Meetings Act is posted and where it is located.  Also, the requirements to go into executive session has changed in that the motion must state the exact reason and the presiding officer must restate the reason prior to adjourning into executive session.

 

BUDGET MEETING

 

Director of Finance and Administration reminded the Council that the meeting to go over the budget was scheduled for July 6, 2006 at 7:00 a.m. in the City Manager’s Conference Room.

 

VIII.    ADJOURN

 

Moved by Kearney seconded by Clouse that Council adjourn at 7:15 p.m. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Clouse. Nay: None. Hadley and Lear absent. Motion carried.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK