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Kearney, Nebraska

August 8, 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 August 8, 2006, in the Council Chambers at City Hall.  Present were: Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent: None.  Michael W. Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant to 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: Brian Slater, Alejandro Rodriguez, Walter Kamp, Bob Lammers, Dan Lynch, Gerry O’Rourke, Paul Brungardt, Danny Starostka, Kirk Stocker, Tri Nguyen, Isaias Manriquez, Mandy Schwietzer, Kurt Siedlaw, Bill Sheldon, Dan Zinnel, Keith Kuebler, Ann Lammers, Paul Wice from KGFW, Todd Gottula from Kearney Hub, and NTV.

 

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 Cornerstone Berean Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

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

 

ANNOUNCEMENT

 

Mayor Hadley 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 towards the back of the Council Chambers.

 

ORAL COMMUNICATIONS – WALTER KAMP

 

Walter Kamp II addressed the Council on the new concealed carry weapons law.  He read the following from a prepared statement. 

 

I would like to see this City Council take a look at and thoughtfully consider revising Kearney’s current City Ordinance (Article 19 § 8-1901, which presently makes unlawful the carrying of concealed weapons of any kind on or about your person.  (Excepting only officers of the law in the discharge of their duties)  I ask you to harmonize this code with our newly Revised State Statute.

 

I believe this is possible after studying the changes the State of Nebraska made to its revised statute, (Chapter 28 1202), which concerns carrying a concealed weapon, stipulates penalty and provides for an affirmative defense.  In the new reissue of subsection (1) states it is still a crime to carry a concealed weapon in Nebraska, except as otherwise provided and in subsection (1)(b) it retains the affirmative defense to the charge of carrying a concealed weapon using the prudent person clause from the original subsection (2).  The State has added a new revised subsection (2) which states “This section shall not apply to a person who is the holder of a valid permit issued under the Concealed Handgun Permit Act if the concealed weapon the defendant is carrying is a handgun as defined in section 3 of this act.” 

 

The City Ordinance § 8-1901 could be revised in a similar fashion to allow Nebraska State residents who hold  a valid Concealed Carry Handgun Permit to also be excepted, by perhaps adding the phrase used in the State’s new revision to subsection (2) of 28-1202 or a similar exception clause.  The City of Kearney would then still retain its law against carrying a weapon of any kind concealed and Nebraska Concealed Carry Handgun permit holders would be excepted, as are officers of the law.  All of the rules and regulations for this newly revised Nebraska Statute are presently being written by the legal division of the State Patrol and are due out in mid-October.  So we have time.

 

I would like this Council to please take a good and well-considered look at this issue.  The State of Nebraska has laid a challenge at the feet of its many honest and and decent law abiding citizen handgun owners.  I intend to set up to take on this new level of responsibility.  I shall accept raising my standard duty of care.  I look forward to refreshing my knowledge of lethal force issues and crisis management, among other subject areas, in the training I’ll be taking in the future.  Yes, I intend to obtain a Nebraska Concealed Carry Handgun Permit.

 

I now believe after all the past several months of hearing rumors and innuendo about what the concealed carry law would be, that in reality and in the long run, it’ll be a good thing.  The history of concealed carry in other states dispels the mythological fear that there would be trigger happy permit holders running amuck.  Instead, I believe that we shall see a revived alertness, a heightened responsibility and a greater yen towards good citizenship from the 20,000 Nebraskans who are expected to become permit holders.  Please allow honest decent law abiding Nebraskans who hold a valid Concealed Carry Handgun Permit to be able to enjoy ALL of the good life that Nebraska has to offer.  Let us carry concealed in Kearney.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

EL POTRERO LIQUOR LICENSE, 5012 3RD AVENUE, SUITE 120

 

Moved by Kearney seconded by Clouse to remove from the table the Application for a Class I73015 Liquor License and the Application for Corporate Manager for Jose Ayala submitted by LA CACITA, INC., dba “El Potrero” located at 5012 3rd Avenue, Suite 120. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Mayor Hadley opened the public hearing on the Application for a Class I73015 Liquor License and the Application for Corporate Manager for Jose Ayala submitted by LA CACITA, INC., dba “El Potrero” located at 5012 3rd Avenue, Suite 120 and to consider approval of Resolution No. 2006-114.

 

According to Section 53-132(2) of the Nebraska Revised Statutes states:  A retail license or bottle club license shall be issued to any qualified applicant if it is found by the Liquor Commission that:

  1. the applicant is fit, willing, and able to properly provide the service proposed within the city, village, or county where the premises described in the application are located;
  2. the applicant can conform to all provisions, requirements, rules, and regulations adopted pursuant to the Nebraska Liquor Control Act;
  3. the applicant has demonstrated that the type of management and control to be exercised over the premises described in the application will be sufficient to insure that the licensed business can conform to all provisions and requirements of and rules and regulations adopted pursuant to the Act, and
  4. the issuance of the license is or will be required by the present or future public convenience and necessity.

 

An Application was received for a Class I retail liquor license for the above business.  This is a new business and license in association with a restaurant.  A background investigation on the application for a liquor license was conducted. During the investigation, a number of inconsistencies and inaccuracies were found in the application. 

 

There has been some delay in accomplishing this background in meeting with the actual management, as well as getting the application properly completed.  An interview with Mr. Rodriguez was finally conducted, along with a tour of the building on July 18, 2006.  The facility seems to be well suited for this type of business, though it is difficult to tell as construction is not completed.  A second walk through will be conducted prior to the business opening and when construction is complete.  Mr. Rodriguez was told about the expectations of the community as it pertains to alcohol sales and stated he understood.

 

The City Council is concerned with the selling of alcohol to minors in our community, and wants to encourage all license holders to provide the necessary training to all employees that sell or dispense alcohol. Therefore, City staff has developed a form entitled “Liquor License Training Compliance” requiring applicants to document and verify training compliance of their employees. Alejandro Rodriguez, the site supervisor, has returned the form with supporting documentation showing he has completed responsible hospitality council management training.

 

Alejandro Rodriguez, 4100 North 25th Street, Lincoln, Nebraska presented this matter to the Council. He received training and also trains his employees in properly serving alcohol.  Council member Buschkoetter asked if Mr. Rodriguez is the boss of Jose Ayala, who is the on-site manager for this location.  Mr. Rodriguez stated that Mr. Ayala does not speak English, but understands what is being said to him. It would be difficult for him to come before the Council and that is why he is representing him.  He is Mr. Ayala’s partner in this corporation and is aware of what is going on with the business. 

 

Council member Buschkoetter stated his level of concern is Mr. Ayala’s ability to communicate with people who are underage and might be trying to buy alcohol.  Mr. Rodriguez responded that they have purchased machines to scan the IDs through to check for the birth date and age.  They also have the books for training about identification of the age of customers ordering alcohol.  They use their judgment on the age of the people ordering, all are checked between the ages of 18-30.  They are thinking about scanning the ID for everyone if there is any question or asking for additional forms of ID. 

 

Council member Clouse stated although this is the same type of machine they used at their restaurant in Grand Island, he asked for an explanation as to the sale to a minor at their Grand Island location.  Mr. Rodriguez responded that violation happened before they got the machine.  Even though it might slow their service time, they now want to take that extra time to make sure this does not happen again. 

 

Council member Lear stated an important issue to him, is a change in policy.  By taking steps to implement the scanning machines in their Grand Island location after their violation, he believed it was a good effort on their part to use the technology, more training and new policies to try to do better.  Council member Clouse said that as was discussed at the last Council meeting, the type of training they have had is quite complex.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and approve the Application for a Class I73015 Liquor License and the Application for Corporate Manager for Jose Ayala submitted by LA CACITA, INC., dba “El Potrero” located at 5012 3rd Avenue, Suite 120 and approve Resolution No. 2006-114. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-114

 

            WHEREAS, LA CACITA, INC., dba “El Potrero” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘I73015’ (Beer, Wine, Distilled Spirits – On Sale Only) Liquor License to do business at 5012 3rd Avenue, Suite 120, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, LA CACITA, INC., dba “El Potrero” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Jose Ayala; and

            WHEREAS, a hearing was held relating to said application on August 8, 2006.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘I73015’ (Beer, Wine, Distilled Spirits – On Sale Only) Liquor License to LA CACITA, INC., dba “El Potrero” located at 5012 3rd Avenue, Suite 120, Kearney, Nebraska, and to approve the application for Corporate Manager of Jose Ayala.

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

            PASSED AND APPROVED THIS 8TH DAY OF AUGUST, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

MONGOLIAN GRILL RESTAURANT LIQUOR LICENSE

 

Moved by Lear seconded by Buschkoetter to remove from the table the Application for a Class I72865 Liquor License and the Application for Corporate Manager for Tri Nguyen submitted by MONGOLIAN GRILL OF OMAHA LLC, dba “Mongolian Grill Restaurant” located at 5012 3rd Avenue, Suite 178. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

Mayor Hadley opened the public hearing on the Application for a Class I72865 Liquor License and the Application for Corporate Manager for Tri Nguyen submitted by MONGOLIAN GRILL OF OMAHA LLC, dba “Mongolian Grill Restaurant” located at 5012 3rd Avenue, Suite 178 and to consider approval of Resolution No. 2006-115.

 

According to Section 53-132(2) of the Nebraska Revised Statutes states:  A retail license or bottle club license shall be issued to any qualified applicant if it is found by the Liquor Commission that:

1.       the applicant is fit, willing, and able to properly provide the service proposed within the city, village, or county where the premises described in the application are located;

2.       the applicant can conform to all provisions, requirements, rules, and regulations adopted pursuant to the Nebraska Liquor Control Act;

3.       the applicant has demonstrated that the type of management and control to be exercised over the premises described in the application will be sufficient to insure that the licensed business can conform to all provisions and requirements of and rules and regulations adopted pursuant to the Act, and

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

 

An Application was received for a Class I retail liquor license for the above business.  This is a new business and license in association with a restaurant.  A background investigation on this application was conducted.  The background and interview revealed that Mr. Nguyen and Ms. La own this restaurant, a Mongolian Grill restaurant in Grand Island and formerly one in Omaha.  The couple were contacted and interviewed regarding the concerns of the community and they indicated they understood and were willing to cooperate.  Concerns were found in checking the background of the current license issued for the Grand Island business.  The business had been cited twice for selling alcohol to a minor.  The first incident was January 21, 2005 resulting in a 14-day suspension and the second was on September 30, 2005 resulting in a 54-day suspension. 

 

This provides the Police Department with real concerns regarding the applicant’s ability to manage liquor sales.  Though they contend that they will limit who dispenses alcohol during business hours, it is apparent that this has not been something they have done well in the past.  The Police Department has real reservations recommending approval of this application.

 

The City Council is concerned with the selling of alcohol to minors in our community, and wants to encourage all license holders to provide the necessary training to all employees that sell or dispense alcohol. Therefore, City staff has developed a form entitled “Liquor License Training Compliance” requiring applicants to document and verify training compliance of their employees. Because of the liquor violation on January 21, 2005, the Nebraska Liquor Control Commission notified Tri Nguyen that he was required to complete an approved training course. Mr. Nguyen has returned the form with supporting documentation showing he has completed a training program.

 

Tri Nguyen, Omaha, Nebraska, presented this matter to the Council. He will be the on-site manager for this Kearney location.  Council member Buschkoetter pointed out that they have had some infractions in the past at other locations and asked for an explanation.  Mr. Nguyen responded that the first one happened last year because he was out of town and the manager whom he was training sold to a minor and had to have more training.  The second violation was done by the owner of the business when he was again out of town.  They do not have machines like the other restaurant talked about earlier.  After the second violation, he talked with the owner and the manager and made a new policy that only one manager can check the IDs and sell alcohol, no one else.  In this location, Mr. Nguyen will be serving alcohol during lunch, not serving between 1:00-4:00 p.m. and then serving again in the evening.  He will be there during those hours. 

 

Mayor Hadley stated that the State Patrol will be making regular compliance checks.  It is assured that each of the businesses being approved for liquor licenses will be audited during the next year.  It is always embarrassing for those license holders who say they are checking to be caught in a violation.  Mayor Hadley urged them to have the controls in place and make sure the process is followed.  Mr. Nguyen stated that he has discussed with the owner to hire a bartender to be behind the bar who has had the program training or someone they would train.  The Kearney location is the only license under his name, the Grand Island location is under the owner’s name. 

 

Council member Buschkoetter stated he is concerned because there have been some major concerns about how the liquor license has been handled.  One of the problems was with the manager and though they should hire someone older than an 18-19 year old college student would act in a responsible manner and understands that they would be putting their position at risk by making that type of mistake.  He believed that a change in that policy should alleviate one of the problems the corporation has had in the past. 

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the Application for a Class I72865 Liquor License and the Application for Corporate Manager for Tri Nguyen submitted by MONGOLIAN GRILL OF OMAHA LLC, dba “Mongolian Grill Restaurant” located at 5012 3rd Avenue, Suite 178 and approve Resolution No. 2006-115. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Kearney. Nay: Clouse. Motion carried.

 

RESOLUTION NO. 2006-115

 

            WHEREAS, MONGOLIAN GRILL OF OMAHA LLC, dba “Mongolian Grill Restaurant” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘I72865’ (Beer, Wine, Distilled Spirits – On Sale Only) Liquor License to do business at 5012 3rd Avenue, Suite 178, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, MONGOLIAN GRILL OF OMAHA LLC, dba “Mongolian Grill Restaurant” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Tri Nguyen; and

            WHEREAS, a hearing was held relating to said application on August 8, 2006.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘I72865’ (Beer, Wine, Distilled Spirits – On Sale Only) Liquor License to MONGOLIAN GRILL OF OMAHA LLC, dba “Mongolian Grill Restaurant” located at 5012 3rd Avenue, Suite 178, Kearney, Nebraska, and to approve the application for Corporate Manager of Tri Nguyen.

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

            PASSED AND APPROVED THIS 8TH DAY OF AUGUST, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

SAN PEDRO RESTAURANT #2 LIQUOR LICENSE

 

Mayor Hadley opened the public hearing on the Application for a Class “I73354” and the Application for Corporate Manager for Isaias Manriquez submitted by SAN PEDRO INC., dba “San Pedro Mexican Restaurant #2” located at 320 3rd Avenue and to consider approval of Resolution No. 2006-132.

 

According to Section 53-132(2) of the Nebraska Revised Statutes states:  A retail license or bottle club license shall be issued to any qualified applicant if it is found by the Liquor Commission that:

1.       the applicant is fit, willing, and able to properly provide the service proposed within the city, village, or county where the premises described in the application are located;

2.       the applicant can conform to all provisions, requirements, rules, and regulations adopted pursuant to the Nebraska Liquor Control Act;

3.       the applicant has demonstrated that the type of management and control to be exercised over the premises described in the application will be sufficient to insure that the licensed business can conform to all provisions and requirements of and rules and regulations adopted pursuant to the Act, and

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

 

An Application was received for a Class I retail liquor license for the above business.  This is a new business and a second restaurant for San Pedro to be located at 320 3rd Avenue.  A background investigation on this application was conducted.  The Officer interviewed Mr. Manriquez, and inspected the property.  Along with this, all employees were provided with training in checking identification.  The other San Pedro restaurant located at 3907 Central Avenue has had two violations.  The first occurred on June 17, 2005 for selling alcohol to a minor, and again on June 29, 2006. Those matters have not yet even been addressed by the Liquor Commission.  The applicant indicates they do want to comply but staff is concerned that they make that effort. 

 

The City Council is concerned with the selling of alcohol to minors in our community, and wants to encourage all license holders to provide the necessary training to all employees that sell or dispense alcohol. Therefore, City staff has developed a form entitled “Liquor License Training Compliance” requiring applicants to document and verify training compliance of their employees. Mr. Manriquez has returned the form.  The employees were cooperative in the training and the management has indicated its willingness to cooperate with the department. They advised they understand all regulations and ordinances and is very interested in trying to make certain they do not sell to a minor again in the future.

 

Attorney Mandy Schweitzer, introduced Isaias Manriquez, 326 West 21st Street, Kearney, Nebraska.  Mayor Hadley stated that the original location of San Pedro was granted a liquor license approximately 1½ years ago and have had two violations since then.  He asked what they are going to do to prevent this from happening at the new location?  Ms. Schweitzer responded that they are getting into the technology.  They do not want these violations to happen again.  They have machines on order for both restaurants which they will use in addition to the other training they have for their employees.  Recently, one of the Kearney Police officers did training for employees of both restaurants regarding serving alcohol.  Mr. Manriquez has had training with the State Patrol. They are trying to be more stringent and take these violations very seriously.  They are also eliminating some on the younger members of their staff.  By hiring older employees, they should be more responsible and stay longer. 

 

Mr. Manriquez stated the machines should be delivered in 2-3 weeks which would be before they would receive their license, if approved. 

 

Council member Clouse stated his main concern was with the minor who sold the alcohol during the check which was clearly a violation.  A situation where a minor is selling to minors is inexcusable.  Ms. Schweitzer stated that was a new employee at the time and no longer works there.  

 

Mayor Hadley asked for further clarification about how the ID scanner works.  The machine can scan any driver’s license or military ID which would be encoded with a bar code.  The equipment they have ordered is like a computer with a big screen, which will magnify the information and the picture of the person being checked to better identify the person presenting the card.  According to the police officer who did the training, the old style driver’s license should be expired this year.  This should make identifying old plastic versions much easier than in the past.  Mr. Manriquez stated they will probably scan all the IDs for customers who appear to be 21-30.

 

Council member Buschkoetter stated he hopes that they have a policy of “better safe than sorry”.  He agreed with Council member Clouse that obviously the training of this young employee was not done very well and led to a very serious violation.  Mr. Manriquez responded this violation occurred while he was working on getting the second location open.  Council member Kearney asked if Mr. Manriquez accepted the responsibility for the violation that occurred in his absence.  Mr. Manriquez stated there was a mix up and he did accept responsibility. 

 

Mayor Hadley stated that with the new technology which is going to be used at “El Potrero” and both locations of “San Pedro”, the last thing the Council will accept next year is the fact that they got this technology, but failed to use it.  It will also be unacceptable that the employee selling did not use it.  He again stated that the State Patrol will be doing many compliance checks within the next year.  Council member Clouse agreed that technology is great, but it must be used consistently and was still bothered by the past violations.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Lear to close the hearing and approve the Application for a Class “I73354” and the Application for Corporate Manager for Isaias Manriquez submitted by SAN PEDRO INC., dba “San Pedro Mexican Restaurant #2” located at 320 3rd Avenue and approve Resolution No. 2006-132. Roll call resulted as follows: Aye: Hadley, Lear, Buschkoetter. Nay: Clouse and Kearney. Motion carried.

 

RESOLUTION NO. 2006-132

 

            WHEREAS, SAN PEDRO INC., dba “San Pedro Mexican Restaurant #2” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘I73354’ Liquor License to do business at 320 3rd Avenue, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, SAN PEDRO INC., dba “San Pedro Mexican Restaurant #2” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Isaias Manriquez; and

            WHEREAS, a hearing was held relating to said application on August 8, 2006.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘I73354’ Liquor License to SAN PEDRO INC., dba “San Pedro Mexican Restaurant #2” located at 320 3rd Avenue, Kearney, Nebraska, and to approve the application for Corporate Manager of Isaias Manriquez.

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

            PASSED AND APPROVED THIS 8TH DAY OF AUGUST, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

LAND USE MAP AMENDMENT – 6650 17TH AVENUE

 

Public Hearings 4 and 5 were discussed together but voted on separately.

 

Mayor Hadley opened the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Low Density Residential” to “Rural Estates” property described as the north 525.0 feet of the south 1050.0 feet of the east 840.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 10.12 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (6650 17th Avenue) and to consider approval of Resolution No. 2006-133.

 

Planning Commission recommended approval.

 

The future Land Use Map of the City of Kearney Comprehensive Development Plan shows this area to be “Low Density Residential”.  The single rural lot will require amending the map to “Rural Estates”, the corresponding land use category for the requested zoning of RR-1.

 

The parcel in question has never been zoned so is considered agricultural by default.  The rezoning request is from Agricultural to Rural Residential District (Rural Standards).  The house will be served by individual well and septic systems.  By state statute, a subdivision is not required since the parcel size exceeds 10 acres.

 

Given the location of this parcel, staff has some concerns about zoning a 10 plus acre tract for rural development.  Someday in the future, urban development will extend to this property.  It may be many years to come, but DT Development has already started planning the development of the property east of 17th Avenue and south of 67th Street (Spruce Hollow Estates).  Even though the DT Development project is commencing on the east end and working west, someday urban services will be extended west and north in 17th Avenue.  This property is across 17th Avenue from the DT Project in the 6600 block.  There has also recently been some interest in developing the northeast corner of the 56th Street and 17th Avenue intersection.  Staff wants to make sure the applicant is aware that future development in this area may bring public services to the site and when that happens, the applicant will be assessed for the services.  These assessments are based on the front footage of the lot and the house must be connected to the services.  The cost of urban services will be costly for a parcel of this size. Therefore, staff has advised the applicant to place the house on the parcel in such a way that the land can be further subdivided to mitigate the cost of public services in the future.

 

Dan Zinnel, 4211 Prairie Hills Road, stated he plans to build a single family residential dwelling on this 10.12 acres which is now zoned agricultural. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Low Density Residential” to “Rural Estates” property described as the north 525.0 feet of the south 1050.0 feet of the east 840.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 10.12 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (6650 17th Avenue) and approve Resolution No. 2006-133. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-133

 

            WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land being the north 525.0 feet of the south 1050.0 feet of the east 840.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 10.12 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (6650 17th Avenue), from “Low Density Residential” to “Rural Estates”, and

            WHEREAS, the said application for change in the Comprehensive Land Use Plan has been approved by the City Planning Commission, after a public hearing properly published and held, and

            WHEREAS, the City Council has held a public hearing upon the said revision and voted in favor of a motion to approve the change in the Land Use Plan as requested by the applicant.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Low Density Residential” to “Rural Estates” the use classification for the area described as a tract of land being the north 525.0 feet of the south 1050.0 feet of the east 840.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 10.12 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (6650 17th Avenue).

            PASSED AND APPROVED THIS 8TH DAY OF AUGUST, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

MICHAELLE E. TREMBLY                                             AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – 6650 17TH AVENUE

 

Mayor Hadley opened the public hearing on the Application submitted by Daniel Zinnel (Applicant) and Keith Kuebler (Owner) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as the north 525.0 feet of the south 1050.0 feet of the east 840.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 10.12 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (6650 17th Avenue).

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and approve the Application submitted by Daniel Zinnel (Applicant) and Keith Kuebler (Owner) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as the north 525.0 feet of the south 1050.0 feet of the east 840.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 10.12 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (6650 17th Avenue). Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

DEVELOPMENT PLANS FOR EAST OF 4TH AVENUE AT 61ST STREET

 

Mayor Hadley opened the public hearing on the Application submitted by Paul Brungardt, Jr. from Brungardt Engineering (Applicant) for Danny Starostka from Starostka Group Unlimited (Owner) for Planned District Development Plan Approval for the construction of commercial offices/ warehouse facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as the west 140 feet of Lot 1 and all of Lot 2 of Block 1, North Acre Sixth, an addition to the City of Kearney, Buffalo County, Nebraska (east of 4th Avenue at 61st Street) and to consider approval of Resolution No. 2006-134.

 

Planning Commission recommended approval of the Development Plans subject to the required revisions noted below.

 

The applicant is requesting approval to develop a parcel of land on the west side of Young Motor Company along 4th Avenue extended north.  Two proposed metal buildings of 12,000 square feet each and associated parking will be used for retail or wholesale services for contractors, tradesman and similar businesses.  Each building has the potential to be split into three 50-foot wide bays or the bays can be combined for more floor space.  This project requires approval of development plans since it is zoned C-2/PD.  Staff had several comments based on the first plan submittal prior to the Planning Commission meeting.  Many of the comments were addressed when the applicant submitted a set of revised and updated plans to the Planning Commission.

 

Staff has classified the proposed use type as “Construction Sales and Services.”

 

Construction Sales and Services

Establishments or places of business primarily engaged in the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures and hardware.  Typical uses include building materials sales, or tool and equipment rental or sales.

 

Construction Sales and Services is an allowable use in this zoning; however, there are certain supplemental development regulations set forth in the Code in Section 46-105-F which also apply.

 

46-105-F  Construction Sales and Services when Permitted Outside of M-1 and M-2 Districts

When permitted outside of District M-1 and District M-2, retail home improvement stores and centers may include outdoor storage of materials and must comply with the following conditions:

            1.   Architectural design and materials shall be consistent with the current or projected character of the Surrounding area.

            2.   All outside storage or display of merchandise or other materials or equipment shall be screened from view at eye level from any public street or adjacent property.

            3.   All storage buildings with overhead doors, drive openings, or open bays and all loading areas shall be fully screened from view at eye level from any public street or adjacent property.

            4.   Minimum screening shall be consistent with screening standards set forth in Section 48-106.

            All areas not occupied by buildings or landscaping shall be paved with concrete or asphalt.

 

48-106-B  Opaque Barrier

A six-foot opaque barrier shall be provided…as follows:

            1.   A solid wood, PVC, and/or masonry fence or wall at least six feet in height.

            2.   A landscaping screen, using evergreen or deciduous materials, capable of providing a substantially opaque, hedge-like barrier and attaining a minimum height of six feet (6’) within three years of planting.

            3.   A landscaped earth berm with a maximum slope of three to one, rising no less than six feet above the existing grade of the lot line…

            4.   Any combination of these methods that achieves a cumulative height of six feet.

Even though revised plans were submitted to the Planning Commission, there are several items that are not shown on those plans that are required by Code and will be added to the revised plans for City Council:

  • All above listed Code conditions for “Construction Sales and Services” apply to this project including opaque screening from the roadway.
  • Code requires a minimum 5-foot horizontal offset for buildings that exceed 100 feet in length.  Such an offset is shown on the north façade of the building, but no offset is shown on the south side.
  • The location of the trash dumpsters must be coordinated with the Utilities Department.

 

In addition, some project requirements are tied to issuance of building permits:

  • Final design of the stormwater cell and stormwater runoff calculations must be submitted and approved by the City Engineer prior to issuance of building permits. 
  • The City Engineer requests Erosion and Sediment Control Plans for the project, both temporary and permanent, prior to the issuance of building permits.
  • A Public Works Plan has been submitted at the City Engineer’s request.  An Infrastructure Agreement must be executed and will be presented to the City Council for approval at a future meeting.  All public improvements must be in place prior to any occupancy permits being issued.
  • Since the lot was previously platted, the required easements must be conveyed by separate instrument.   Easements must be secured for all public infrastructure in the 4th Avenue road extension and on-site.  The easements will be made a part of and filed with the Infrastructure Agreement.

 

Paul Brungardt from Brungardt Engineering presented this matter to the Council.  They are proposing to put up two 12,000 sq. ft. metal frame buildings.  They have applied for a shell only permit.  As they get tenants, they will come back to City staff with a remodel permit to acquire space inside.  The lot is on the east side of the road.  The project consists of extending 4th Avenue up to the north edge of the property and infrastructure including sanitary water.  The lot will be paved on the south side of the building with a 30-foot setback easement.  There is a residential lot in the northwest corner and an industrial lot to the east; there will be landscaping to make a barricade between the two facilities.  There will be a brick façade on the building which will meet current standards, a structure similar to Heritage Bank.  A portion of the west side of the building will be brick facade.  On the south side, there will be two brick columns and the back side will be seamless metal roofing, decking and siding.  

 

Mr. Brungardt stated they had no problems with the conditions set forth.

 

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 Paul Brungardt, Jr. from Brungardt Engineering (Applicant) for Danny Starostka from Starostka Group Unlimited (Owner) for Planned District Development Plan Approval for the construction of commercial offices/warehouse facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as the west 140 feet of Lot 1 and all of Lot 2 of Block 1, North Acre Sixth, an addition to the City of Kearney, Buffalo County, Nebraska (east of 4th Avenue at 61st Street) and approve Resolution No. 2006-134 subject to compliance with the following conditions: (1) final design of the stormwater cell and stormwater runoff calculations must be submitted and approved by the City Engineer prior to issuance of building permits; (2) temporary and permanent Erosion and Sediment Control Plans for this project shall be provided to the City prior to the issuance of building permits; (3) all public improvements must be in place prior to any occupancy permits being issued; and (4) easements must be secured for all public infrastructure in the road extension of 4th Avenue and on-site; the easements shall be made a part of and filed with the Infrastructure Agreement. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-134

 

            WHEREAS, Paul Brungardt, Jr. from Brungardt Engineering (Applicant) for Danny Starostka from Starostka Group Unlimited (Owner) have applied for Planned District Development Plan Approval for the construction of commercial offices/ warehouse facility on property zoned “District C-2/PD, Community Commercial District/ Planned Development Overlay District” and described as the west 140 feet of Lot 1 and all of Lot 2 of Block 1, North Acre Sixth, an addition to the City of Kearney, Buffalo County, Nebraska (east of 4th Avenue at 61st Street).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Paul Brungardt, Jr. from Brungardt Engineering (Applicant) for Danny Starostka from Starostka Group Unlimited (Owner) for District Planned Development Plan Approval for the construction of commercial offices/warehouse facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as the west 140 feet of Lot 1 and all of Lot 2 of Block 1, North Acre Sixth, an addition to the City of Kearney, Buffalo County, Nebraska (east of 4th Avenue at 61st Street) be approved subject to compliance with the following conditions: (1) final design of the stormwater cell and stormwater runoff calculations must be submitted and approved by the City Engineer prior to issuance of building permits; (2) temporary and permanent Erosion and Sediment Control Plans for this project shall be provided to the City prior to the issuance of building permits; (3) all public improvements must be in place prior to any occupancy permits being issued; and (4) easements must be secured for all public infrastructure in the road extension of 4th Avenue and on-site; the easements shall be made a part of and filed with the Infrastructure Agreement.

            PASSED AND APPROVED THE 8TH DAY OF AUGUST, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

LAND USE MAP AMENDMENT – NORTH OF 35TH STREET AND WEST OF COUNTRY CLUB LANE

 

Mayor Hadley stated the applicant has requested this matter be tabled until August 22, 2006.

 

Moved by Buschkoetter seconded by Hadley to table until August 22, 2006 the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Low Density Residential” to “Medium Density Residential” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 8.62 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

REZONING – NORTH OF 35TH STREET AND WEST OF COUNTRY CLUB LANE

 

Mayor Hadley stated the applicant has requested this matter be tabled until August 22, 2006.

 

Moved by Buschkoetter seconded by Hadley to table until August 22, 2006 the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) to rezone from “District AG, Agricultural District” and “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2, Urban Residential Multi Family District (Medium Density)” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 8.62 acres, more or less, Buffalo County, Nebraska; AND 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 located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 1.19 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

FINAL PLAT – ASPEN MEADOWS

 

Mayor Hadley stated the applicant has requested this matter be tabled until August 22, 2006.

 

Moved by Buschkoetter seconded by Hadley to table until August 22, 2006 the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) for final plat and Subdivision Agreement approval for “ASPEN MEADOWS” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 9.81 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

INCLUSION TO CITY LIMITS – ASPEN MEADOWS

 

Mayor Hadley stated the applicant has requested this matter be tabled until August 22, 2006.

 

Moved by Buschkoetter seconded by Hadley to table until August 22, 2006 the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) for the inclusion into the City limits of “ASPEN MEADOWS” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 9.81 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

IV.    CONSENT  AGENDA

 

Moved by Hadley seconded by Kearney that Subsections 1 through 8 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

1.         Approve Minutes of Special Joint Budget Meeting held on July 20, 2006, and Minutes of Regular Meeting held July 25, 2006.

 

2.         Approve the following Claims: 3M $2,434.00 smcs; A.M. Player $1,752.67 smcs; ABC Drug $2.66 smcs; Ace Hardware $126.12 smcs; AFLAC $2,207.10 ps; Agro $798.75 smcs; Air Midway $128.00 smcs; Alamar Uniforms $2,455.53 smcs; Alltel $1,451.57 smcs; Amazon $274.82 smcs,co; Amer Electric $619.79 smcs,co; Amer Library Ass'n $347.00 smcs; Amer Red Cross $60.00 smcs; Ampride $10.00 smcs; Andersen Wrecking $9.95 smcs; Anderson,T $300.00 smcs; Anixter $628.08 co; Appliance Service Center $74.80 smcs; ARFF Working Group $125.00 smcs; Argo Int'l $824.50 smcs; Ask Supply $1,037.40 smcs; Auto Glass Center $198.86 smcs; Avantext $106.73 smcs; Aviles,W $65.00 smcs; Baird Holm Attorneys $8,100.00 co; Baker & Taylor Books $1,881.73 smcs; Bamford $1,316.01 smcs,co; Barco Municipal $844.95 smcs; Barney Abstract $550.00 co; BBC Audiobooks $427.43 smcs; Becker,G $36.00 smcs; Best Lock $729.22 smcs; BG Peterson $357.00 smcs; Blackburn Mfg $188.04 smcs; Blessing $316,485.87 co; Blevins,D $186.00 smcs; Bluecross Blueshield $30,082.00 smcs; Bobs Super Store $45.37 smcs,ps; Bobs Total $18.69 smcs; Boogaarts $3.98 smcs; Bosselman $19,529.50 smcs; Brilliance Audio $72.62 smcs; Broadfoot's $3,006.00 smcs; Brodart Co $247.39 smcs; Buggy Bath $8.50 smcs; Builders Warehouse $3,322.75 smcs,co; Buysm Sod $15.24 smcs; Buzz's Marine $4.29 smcs; Cabela's $23.99 smcs; Cableorganizercom $181.66 co; Cash Wa $148.60 smcs; CBA Lighting $392.78 smcs; CED Enterprise $197.32 smcs; Centaur $567.90 smcs; Central Auto Electric $162.49 smcs; Central District Health Dept $2,294.36 smcs; Central Hydraulic System $1,026.89 smcs; Central NE Equipment $63.34 smcs; CHAD $24.00 ps; Charter $58.24 smcs; City of Ky $172,790.38 smcs,co,ps; College Savings Plan of NE $50.00 ps; Computer Hardware $37.90 co; Computer Warehouse #4 $9.99 smcs; Concrete Workers $11,135.25 co; Conseco Life Ins $29.00 ps; Construction Rental $549.26 smcs; Cook,J $116.36 smcs; Copycat Printing $700.68 smcs; Cowpoke $50.00 smcs; CQ Press $99.00 smcs; CR Toys $64.89 smcs; Cracker Barrel $23.40 smcs; Crash Rescue $1,250.00 smcs; Creative Teacher $9.25 smcs; Cummins Central Power $742.84 smcs; CVI-Kearney $1,683.36 smcs; Cygnus Business Media $585.00 smcs; Dell $15,628.59 smcs,co; Demco $173.15 smcs; Dept of the Treasury $10.75 ps; Dept of Aeronautics $3,090.00 er,ds; Deterding $69.50 smcs; Diamond Vogel $116.41 smcs; Direct Safety $83.76 smcs; DLT Solutions $611.32 co; Double M Farms $2,000.00 smcs; Drapery Den $719.60 smcs; Dubs $55.94 smcs; Dultmeier Sales $49.92 smcs; Eagle Dental $31.00 smcs; Eakes $2,476.50 smcs; Earl May $29.81 smcs; EDM Equipment $805.00 smcs; Eileens Cookies $18.25 smcs; Eirich,T $50.00 ps; Elliott Equipment $392.33 smcs; Embellishments $10.00 smcs; Express Distributing $94.50 smcs; Fairbanks Int'l $811.45 smcs; Farm Plan $80.52 smcs; Farmers Union $973.44 smcs; Fast Mart $36.44 smcs; Fastenal $2,307.86 smcs; Fedex $23.49 smcs; Fiddelke Heating $258.94 smcs; Franca's Jewelry $200.00 smcs; Galls $195.47 co; Garrett Tires $1,318.86 smcs; Gaylord Brothers $59.81 smcs; General Traffic Controls $148.04 smcs; Gillming,C $32.25 smcs; GIS Workshop $6,680.00 smcs; Golfsmith $166.45 smcs; Gordon's Small Engine $636.55 smcs; Grainger $3,594.46 smcs,co; Grand Central IGA $52.13 smcs; Great Plains Safety $45.00 smcs; Guideposts $16.94 smcs; H&H Distributing $1,336.60 smcs; Hach $277.00 smcs; Highsmith $309.84 smcs; Hobby-Lobby $248.51 smcs; Hoffman Petroleum $1,151.00 smcs; Hollywood Diner $64.13 smcs; Holmes Plumbing $707.37 smcs; Hometown Leasing $248.23 smcs; Hunt,C $117.48 smcs; Hydrologic $1,384.87 smcs; IA/NE/SD PRIMA Chapter $40.00 smcs; ICMA RC $2,715.10 ps; IRS $99,174.99 ps; Int'l Association $209.32 smcs; J&A Traffic Products $1,393.75 smcs; Jack Lederman $96.64 smcs; Jim Wicht Construction $647.50 co; Johnson,S $50.00 ps; Johnstone Supply $3.36 smcs; K&K Parts $244.14 smcs; Ky Area United Way $496.24 ps; Ky Chamber Comm $6.00 smcs; Ky Clinic $683.00 ps; Ky Crete & Block $1,182.13 smcs,co; Ky Glass $14.00 smcs; Ky Hub $2,330.74 smcs,co; Ky Implement $172.00 smcs; Ky Visitors Bureau $36,941.46 smcs; Ky Warehouse $1,528.82 smcs; Ky Winlectric $11.13 smcs; Ky Winneslon $350.92 smcs; Kelly Supply $29.29 smcs; Killion Motors $77.22 smcs; King,J $765.50 smcs; Kirkham Michael $46,852.47 smcs,co; Kmart $74.36 smcs; Kooyman,R $200.00 ps; Laughlin,K $360.00 ps; Lawson Products $196.15 smcs; Liberty Cleaners $39.29 smcs; Lincoln Tent $3,500.00 co; Lincoln Truck Center $130.21 smcs; Linweld $526.00 smcs; Lips Printing $43.75 smcs; Little Ceasar $65.50 smcs; Lockmobile $54.04 smcs; Logo'd Softwear $194.10 smcs; Luckys $191.22 smcs; Lyon Workspace $2,215.27 co; Magic Cleaning $250.00 smcs; Marlatt Machine Shop $1,582.21 smcs; Marshall,I $31.25 smcs; Mayo's Electric $40.00 smcs; Menards $2,367.01 smcs,co; MES Mid-America $316.23 smcs; Metlife $4,196.53 ps; Michael Todd $176.95 smcs; Mid America Sales $579.18 smcs; Mid Continent Agrimarket $37.57 smcs; Mid-America Pump $5,744.00 smcs; Midlands Contracting $162,775.40 co; Mid-State Units $540.00 smcs; Midwest Pump & Equipment $94.18 smcs; Midwest Turf $244.13 smcs; Milco Environmental $8,483.30 smcs; Miller & Associates $66,160.00 smcs,co; Miller Signs $585.00 smcs; Minitex $2,952.00 smcs; Miracle Recreation $1,033.04 co; Misko Sports $30.00 smcs; Mobile Concepts $35,477.00 co; Momar $756.00 smcs; Moody's Investor Service $5,000.00 smcs; Mosbarger,B $200.00 ps; Moss & Barnett $360.50 smcs; Mr Automotive $1,815.36 smcs; Municipal Supply $258.29 smcs; N Central Labs $692.42 smcs; NAFI $40.00 smcs; Napa All Makes $2,811.08 smcs; Nathan's Curb Grinding $414.00 co; Nat'l Electrical Seminar $120.00 smcs; NFPA $63.53 smcs; NWWA $2,442.75 smcs; NE Child Support $2,198.94 ps; NE Dept of Revenue $106,677.30 smcs,ps; NE Machinery $3,296.98 ds,smcs; NE Plastics $933.58 smcs; NE State Office Building $35.00 smcs; NE Truck Center $203.98 smcs; NE Wine & Spirits $67.94 smcs; NEland Distributors $1,212.00 smcs; Netknacks Tennis $204.50 smcs; Northgate Vet $11.50 smcs; Northwest Electric $1,937.20 smcs; Northwestern Energy $332.28 smcs; OCLC $19.00 smcs; Office Depot $145.42 smcs; Office Max $651.68 smcs,co; OMB Police Supply $130.91 smcs; O'Reilly $437.15 smcs; Orscheln $799.41 smcs; Outdoor Recreation $1,527.00 smcs; Overhead Door $650.57 smcs; Paulsen $14,632.09 co; Payflex Systems $412.25 smcs,ps; Paypal $36.45 smcs; PEP Co $51.10 smcs; Pet Pick-Ups $584.83 smcs; PGA of America $942.00 smcs; Platte Valley Comm $223.88 smcs; Powderhorn $234.85 smcs; Press Books $40.00 smcs; Presto-X $141.00 smcs; Pro-Tint $149.00 smcs; Quill $414.88 smcs; Radio Shack $217.89 smcs; Random House $139.20 smcs; Reams Sprinklers $1,258.47 smcs; Recognition Unlimited $35.65 smcs; Recorded Books $447.91 smcs; Refind $75.00 smcs; Regional Books $146.25 smcs; Remington Arms $286.05 smcs; Republic Beverage $314.52 smcs; Reserve Account $8,000.00 smcs; Respond First Aid $280.00 smcs; Revere $357.00 smcs; Riverside Manufacturing $490.04 ps; Roper's Radiator Service $65.00 smcs; Rossell,C $1,384.96 smcs; Rylind Industries $115.00 smcs; Sage,P $23.53 smcs; Sahling Kenworth $492.49 smcs; Sara Lee Bakery $25.65 smcs; Scorr Marketing $239.94 smcs; Shamrock Turf Farm $624.00 smcs; Sherwin Williams $357.57 smcs; Shirt Shack $2,337.70 smcs; Sickle,K $4,000.00 smcs; Siemens Energy $1,138.68 smcs; Simmons Guns Specialties $447.48 smcs; Sioux Automation $226.83 smcs; Sirchie $170.70 smcs; Softchoice $2,443.26 smcs,co; Solid Waste Agency $90.00 smcs; Southwest Air $1,369.60 smcs; State of NE/Das Comm $19.08 smcs; Steinbrinks Landscaping $858.61 smcs; Sterling Distributing $163.29 smcs; Sun Life Financial $20,371.59 smcs; Sunair $231.19 smcs; Sunmart $403.85 smcs; Supercircuits $830.05 smcs; Superior Signals $443.20 smcs; Sydow,J $40.00 ps; SYX Tigerdirect $511.94 co; Taser Int'l $350.00 smcs; Team Effort $747.07 smcs; Teledyne $731.00 smcs; TerraScan $6,000.00 co; Theis,G $38.49 ps,smcs; Theis,J $84.91 smcs; Thompson,L $60.00 smcs; Thomson Gale $163.28 smcs; Tractor-Supply $960.59 smcs; Tri City Outdoor $266.02 smcs; Tye & Rademacher $8,605.14 smcs; UAP $9.00 smcs; Ullman,M $265.50 smcs; Union Oil $3,212.08 smcs; UPRR $2,302.00 co; United Seeds $920.00 smcs; UPS $156.13 smcs,co; USDA $85.00 smcs; USPS $159.66 smcs; Van Diest $752.40 smcs; Vencill,T $60.00 smcs; Video Store Shopper $44.45 smcs; Village Uniform $131.56 smcs; W.S. Darley $238.94 smcs; Walgreens $33.13 smcs; Wal-Mart $2,224.08 smcs,co; Weed,A $265.50 smcs; Wilke Donovans $360.08 smcs,co; Xerox $98.53 smcs; Yanney Heritage Park $50.00 smcs; Yellow Van Cleaning $125.00 smcs; Zimmerman Printing $127.00 smcs; Payroll Ending 7-22-2006 -- $306,428.12.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve the Two-Party Agreement between the City of Kearney and Sorensen Group, Inc. to lease all of Lot 13 and part of Lot 14 of Block 2, Kearney Land and Investment Company’s Choice Addition (lying south of the Union Pacific Railroad and east of 8th Avenue) and approve Resolution No. 2006-138.

 

RESOLUTION NO. 2006-138

 

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 to lease all of Lot 13 and part of Lot 14 of Block 2, Kearney Land and Investment Company’s Choice Addition (lying south of the Union Pacific Railroad and east of 8th Avenue), on behalf of the City of Kearney, with Sorensen Group, Inc. of Kearney, Nebraska, the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 8TH DAY OF AUGUST, 2006.

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

4.         Approve the Plans and Specifications for the 2006 Part IV Improvements consisting of paving Avenue K from 13th Street to 14th Street, off-street parking at Nina Hammer Park, the installation of sidewalks along the south and west sides of Nina Hammer Park, installation of sidewalk along the north side of 11th Street from Avenue B to Avenue M, and on the west side of Avenue M from 11th Street to 17th Street.

 

5.         Approve the Plans and Specifications for the 2006 Part V Improvements consisting of Paving Improvement District No. 2006-911 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates; Water District No. 2006-545 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates; and Sewer District No. 2006-488 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates and set the bid opening date for August 31, 2006 at 2:00 p.m.

 

6.         Approve the Plans and Specifications for the 2006 Part VI Improvements consisting of Paving Improvement District No. 2006-912 for the alley lying west of 2nd Avenue from 22nd Street to 24th Street and set the bid opening date for August 31, 2006 at 2:00 p.m.

 

7.         Approve Change Order No. 2 showing an increase in the amount of $11,570.34, Change Order No. 3, and Change Order No. 4 showing an increase of $146.03 submitted by Werner Construction Inc. and approved by Kirkham Michael for the Apron/Taxilane Improvements at the Kearney Municipal Airport (AIP Project No. 3-31-0045-15) and approve Resolution No. 2006-139.

 

RESOLUTION NO. 2006-139

 

WHEREAS, Werner Construction, Inc. of Hastings, Nebraska has performed services in connection with the improvements of AIP Project No. 3-31-0045-15 (Apron/Taxilane Improvements) at the Kearney Municipal Airport, and have filed Change Order No. 2 as shown on Exhibit “A”, Change Order No. 3 as shown on Exhibit “B”, and Change Order No. 4, as shown on Exhibit “C”, attached hereto and made a part hereof by reference:

 

Original Contract Sum

$1,022,349.85

            Change Order No. 1 (5-23-2006)

            Change Order No. 2 (8-8-2006)

            Change Order No. 3 (8-8-2006)

            Change Order No. 4 (8-8-2006)

+     27,050.00

+     11,570.34

.00

+          146.03

Contract Sum To Date

$1,061,116.22

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order Nos. 2, 3 and 4 as shown on Exhibits “A”, “B” and “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 8TH DAY OF AUGUST, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

8.         Approve the application for a Special Designated License submitted by JUAN LAZO, dba "El Tropico" in connection with their Class "IB37623" Liquor License to dispense beer and distilled spirits in the Exhibit Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on September 3, 2006 from 6:00 p.m. until 12:00 a.m. for a Mexican dance.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7285 – PAVING IMPROVEMENT DISTRICT NO. 2006-911

 

Chapter 16 of the Nebraska Revised Statutes sets out the rules by which water, sewer and paving districts may be created by public entities.  The Council has the authority to create districts and make improvements and assess the costs to the property that is benefited by the improvements. The Mayor and Council, by ordinance, shall create districts according to Sections 16-619 and 16-667 of the Nebraska Revised Statutes.  At that time, the City must publish notice of the creation of the district one time each week for not less than 20 days in a daily or weekly newspaper of general circulation in the City.  After publication, if the owners of record title representing more than 50% of the front footage of the property abutting or adjoining any continuous or extending improvements objects in writing within 20 days (30 days for water and sewer) from the first publication of said notice the work will not be done.  If objections are not filed against the district in a timely manner that meets the law, the Mayor and Council shall proceed to construct such improvements.

 

Item Nos. 1, 2 and 3 pertain to the development of 60th Street located within Spruce Hollow Estates (located west of 4th Avenue and north of 56th Street).  The City received a letter from the developer requesting paving, water and sewer improvements for this street.  In accordance with Section 57-102 of the Unified Land Development Ordinance, being part of the Kearney City Code (copy attached) requires the developer to deposit fifty percent of the total estimated costs of the districts.  The remaining unpaid costs of the improvements shall be assessed against the property in said districts on a basis of special benefit to the property, if any, as provided by law.

 

Council Member Kearney introduced Ordinance No. 7285, being Subsection 1 of Agenda Item V to create Paving Improvement District No. 2006-911 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates, an addition to the City of Kearney, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7285 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7285 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7285 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7286 – WATER DISTRICT NO. 2006-545

 

Council Member Kearney introduced Ordinance No. 7286, being Subsection 2 of Agenda Item V to create Water District No. 2006-545 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates, an addition to the City of Kearney, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7286 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7286 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7286 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7287 – SEWER DISTRICT NO. 2006-488

 

Council Member Kearney introduced Ordinance No. 7287, being Subsection 3 of Agenda Item V to create Sewer District No. 2006-488 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates, an addition to the City of Kearney, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7287 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7287 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7287 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7288 – PAVING IMPROVEMENT DISTRICT NO. 2006-912

 

Chapter 16 of the Nebraska Revised Statutes sets out the rules by which water, sewer and paving districts may be created by public entities.  The Council has the authority to create districts and make improvements and assess the costs to the property that is benefited by the improvements. The Mayor and Council, by ordinance, shall create districts according to Sections 16-619 and 16-667 of the Nebraska Revised Statutes.  At that time, the City must publish notice of the creation of the district one time each week for not less than 20 days in a daily or weekly newspaper of general circulation in the City.  After publication, if the owners of record title representing more than 50% of the front footage of the property abutting or adjoining any continuous or extending improvements objects in writing within 20 days (30 days for water and sewer) from the first publication of said notice the work will not be done.  If objections are not filed against the district in a timely manner that meets the law, the Mayor and Council shall proceed to construct such improvements.

 

Item No. 4 pertains to the complete improvement of the alley lying west of 2nd Avenue from 22nd Street to 24th Street (located south of Central Elementary).  This alley is in very poor condition and presents a significant drainage problem.  Staff has received several complaints about the alley.  This project will have a major positive impact on the redevelopment efforts undertaken by Kearney Public Schools and the community in the construction of the Merryman Performing Arts Center.  Due to the ongoing deterioration of the alley and the imminent opening of the performing arts center, which will create additional traffic in the alley, it is time to address the problem.  The City has been working diligently with the Kearney Public Schools, NorthWestern Energy, and the Community Redevelopment Authority on this project. All parties have agreed to contribute financially to this project. 

 

Council Member Kearney introduced Ordinance No. 7288, being Subsection 4 of Agenda Item V to create Paving Improvement District No. 2006-912 for the alley lying west of 2nd Avenue from 22nd Street to 24th Street, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7288 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7288 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7288 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7289 – REZONING; 6650 17TH AVENUE (PERTAINS TO PUBLIC HEARING 5)

 

Council Member Lear introduced Ordinance No. 7289, being Subsection 1 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as the north 525.0 feet of the south 1050.0 feet of the east 840.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 10.12 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (6650 17th Avenue), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7289 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Hadley that Ordinance No. 7289 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7289 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

EXPANSION OF LIQUOR LICENSE FOR THE ROMAN, 2004-2006 CENTRAL AVENUE

 

Mayor Hadley opened for discussion the Application for an addition/reconstruction submitted by WILLIAM SHELDON, dba “The Roman” in connection with their Class C58490 liquor license located at 2004 Central Avenue. The addition includes the main floor only which measures approximately 23 feet by 124 feet at 2006 Central Avenue.

 

An application for an addition/reconstruction has been submitted by WILLIAM SHELDON, dba “The Roman” in connection with their Class C58490 liquor license located at 2004 Central Avenue.  Mr. Sheldon applied for a building permit to enlarge the seating area on the main floor of the existing restaurant.  Mr. Sheldon has purchased the building directly north of their current location.  Plans submitted for review indicate the main floor of the adjacent building will be remodeled for additional seating.  The Building and Zoning Division has continued to work with Mr. Sheldon with getting this project completed.  The State Fire Marshal will notify the Liquor Control Commission with its recommendation.

 

In reviewing the records from the Nebraska Liquor Control Commission, it does not appear that The Roman has had any violations since it opened in 1993.

 

William Sheldon was present to answer any questions from the Council.

 

The Council commended Mr. Sheldon for having no liquor violations.  He is doing an excellent job in training his employees.  

 

Moved by Hadley seconded by Kearney to approve the Application for an addition/ reconstruction submitted by WILLIAM SHELDON, dba “The Roman” in connection with their Class C58490 liquor license located at 2004 Central Avenue. The addition includes the main floor only which measures approximately 23 feet by 124 feet at 2006 Central Avenue. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

KNIGHTS OF COLUMBUS – MANAGER APPLICATION FOR ANN LAMMERS

 

Mayor Hadley opened for discussion the Application for Corporate Manager for Ann Lammers submitted by CMO Inc., dba “Knights of Columbus #1728” in connection with their Class I27979 Liquor License located at 1900 Central Avenue.

 

Council member Buschkoetter vacated his chair and abstained from discussion and voting on this matter for the reason he is a member.

 

An Application for Corporate Manager has been submitted by CMO Inc., dba “Knights of Columbus #1728” in connection with their Class I27979 Liquor License located at 1900 Central Avenue.  After some delay, a background was conducted on Ann Lammers as the applicant for Manager for the Knights of Columbus Hall.  A background check on Ms. Lammers indicates a number of civil cases and judgments against her, most stemming from unpaid bills.  She has no significant driver’s history but does show two arrests for issuing bad checks.  Both of these were dismissed by the County Attorney.  The Knights of Columbus Hall itself does not have any record of violations or problems.  The Knights of Columbus Hall is used for monthly meetings of the Knights and is rented out for private parties.

 

The City Council is concerned with the selling of alcohol to minors in our community, and wants to encourage all license holders to provide the necessary training to all employees that sell or dispense alcohol. Therefore, City staff has developed a form entitled “Liquor License Training Compliance” requiring applicants to document and verify training compliance of their employees. Ann Lammers has returned the form showing she has received training from the Kearney Police Department on July 21, 2006.

 

Ann Lammers, 23370 235th Road, Riverdale, Nebraska, presented this matter to the Council. They have a little different situation than some of the other establishments with liquor licenses since they are not open to the public.  The hall is rented out for private parties and the Knight’s functions.  They do have things in place to prevent minors from purchasing alcohol.  Council member Kearney stated he was recently told by a liquor retailer that a wedding party was a difficult situation to control.  Ms. Lammers stated that their policy is, even if they are a member of the wedding party and they do not have their ID with them, they do not get served.  They just started having a limit of two alcoholic drinks per buyer because they get people who want four or six.  She is usually unable to follow them out and see where those drinks are going.  She does walk through the party every 15-20 minutes to see what is going on.  It is posted at the bar that there is a two drink minimum per purchase and they do need to show ID. 

 

Moved by Clouse seconded by Lear to approve the Application for Corporate Manager for Ann Lammers submitted by CMO Inc., dba “Knights of Columbus #1728” in connection with their Class I27979 Liquor License located at 1900 Central Avenue. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney. Nay: None. Buschkoetter abstaining. Motion carried.

 

OPEN ACCOUNT CLAIMS: NEBRASKA PUBLIC POWER DISTRICT - $31.58; FREMONT NATIONAL BANK - $39,040.14; SCHOOL DISTRICT #7 - $502.95

 

Moved by Buschkoetter seconded by Hadley that Open Account Claims in the amount of $31.58 payable to Nebraska Public Power District and in the amount of $39,040.14 payable to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained. Motion carried.

 

Moved by Hadley seconded by Kearney that Open Account Claims in the amount of $502.95 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Lear, Clouse. Nay: None. Buschkoetter abstained. Motion carried.

 

VII.    REPORTS

 

UPDATE ON 39TH STREET PROJECT

 

City Manager Michael Morgan gave an update on the 39th Street Project.  He expressed his appreciation for the great job that the City staff did on this project.  The various utility companies and Miller & Associates were also commended for a great job.  He acknowledged the businesses in the area which were very cooperative.  Blessing Construction did an outstanding project which was done on time.  This phase gives a good indication what the future projects will look like.  Staff is working on the design for phases II and III of the 39th Street project.  Next week there will be a meeting of interested parties (public input meeting) which will be followed up with meetings for affected property owners. 

 

UPDATE ON CHERRY AVENUE PROJECT

 

City Manager Michael Morgan gave an update of the Cherry Avenue Project.  Although this project is a few years away, the City received Surface Transportation funding.  It will take a lot to manage these funds with very specific criteria about what projects can be funded.  Allocating these funds does create a great deal of work for staff, but it is a large sum of money which have been reserved over the last three years.  There is a present balance of $2 million and the City receives about $600,000 to $650,000 a year.  The State approved Kearney to use these STP funds toward the City’s share of the Cherry Avenue project for the foreseeable years. Using these STP funds, will allow Kearney to get started on some other projects that we are waiting to do. 

 

UPDATE ON 2ND AVENUE

 

City Manager Michael Morgan stated that next year the State will continue their improvements on 2nd Avenue, south from the viaduct.  They will do the majority of resurfacing the road to the Interstate where that bridge is also in bad shape.  In addition to improving the surface of 2nd Avenue, the City has asked the State to install curb and guttering which a good portion of it does not have.  That area also has some drainage issues that have been a concern for a long time.  The City has looked at the outdated lighting along there for many years.  The State indicated that they will not participate in that but would be more than willing to include that in the scope of their project.  Preliminary estimates depending on how much drainage and how much curb and gutter we would do, is approximately $500,000, which could be bonded as transportation improvements.  He asked for some feedback from the public as this is the time for input.  They envision not doing curbs on many of the outside areas, only in specific areas where drainage is a problem.  The grassy medians that go through that area for some distance should be requested to be enclosed with curbs, irrigation systems to be installed and redo the lighting system.  This would be at a cost of approximately $350,000. 

 

Council members asked if sidewalks could be installed in the hotel areas since many of the guests walk to restaurants, etc.  Mr. Morgan responded that none of the preliminary estimates include sidewalks.  The City could do sidewalks down the road.  They agreed that it would be a good time to do those sidewalks at the time of this project.  It would be the most cost effective time to do such a project.  

 

UPDATE ON HARMON PARK ACTIVITY CENTER

 

City Manager Michael Morgan gave an update of the Harmon Park Activity Center Project.  There was not much input by citizens regarding Harmon Park.  He wanted to clarify the questions that have been raised about parking at the Harmon Park Activity Center. There was a great deal of discussion at the neighborhood meeting about the impact of the facility on the neighborhood and the problems associated with the lack of parking.  The new facility will be larger than the old one and will be utilized more often.  Federal law requires that handicapped accessible parking be provided and the current street parking does not meet that criteria. Providing this parking will eliminate some of the park area, specifically the fountain area. The Park Department is working on some alternatives to enhance the park.  The current plan includes 30 off-street parking stalls.  As has been discussed in the past with the sales tax, the City needs to take the responsibility to do what it requires of everyone else, which is to provide off-street parking.  Everyone involved has been notified of the ending date for use of the old facility, which is September 1st.  This project will be bid in phases.

 

Council member Kearney has heard from a couple of people, who are concerned about saving the fountain.  Assistant to City Manager Amber Brown responded that the fountain is in need of a lot of repair.  Mr. Morgan stated although the fountain is functional, it is in bad shape and would require a tremendous amount of effort to keep it running. The dilemma is that it is the only place to put parking on that side adjacent to the facility.  Ms. Brown added that the location of the parking area is also a safety issue so that children can be dropped off near the door and will not have to cross the street.  

 

Council member Buschkoetter stated he had the privilege of helping with the opening of the Nina Hammer Park.  It is a nice facility and a great neighborhood park.  It is a great example of a family that decided to give a wonderful gift to the City of Kearney.   He expressed his appreciation to the Hammer family.

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Kearney that Council adjourn at 7:59 p.m. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK