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Kearney, Nebraska

December 12, 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 December 12, 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, Bruce Lear, and newly-elected Council Member Bob Lammers. 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: Mike Hendrickson, Carl Spelts, Charles Pickens, Ron Tillery, Marilyn Lammers, Rand Pedersen, Marlin Heiden, Cheryl Heiden, Mitch Humphrey, Dennis Houska, Kasey Anderson, Larry Surmeier, Ken Owen, Jim Downing, Emmett Maul, Brad Isaac, Brad Williams, George Wiedel, Jim Tacha, Ken Tracy, Terry Eirich, Mike Konz from Kearney Hub, Steve Altmaier from KGFW Radio, NTV Channel 13, and KHAS TV Channel 5.

 

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 Robert Kuefner from Holy Cross Lutheran Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts from Troop 158 led the Council members and 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.

 

APPROVE MINUTES

 

Moved by Kearney seconded by Clouse that the Minutes of Regular Council Meeting of November 28, 2006 and the Minutes of the Kearney Area Solid Waste Agency Meeting of September 12, 2006 be approved.  Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

CERTIFICATE OF VOTE

 

City Clerk read the following Certificate of Vote from the Buffalo County Election Commissioner:

 

This letter is to certify the results of the November 7, 2006 General Election for Kearney City Council Members:

                        Randy Buschkoetter       5164

                        Robert Lammers            4111

                        Michael Kalb                 3974

                        Alex Strattmann             3141

 

Glenda M. DeBrie

Buffalo County Election Commissioner

 

Moved by Clouse seconded by Lear to accept the Certificate of Vote from the Buffalo County Election Commissioner.  Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear.  Nay: None.  Motion carried.

 

REPORT ON PUBLIC OFFICIALS BONDS

 

City Clerk reported that the Nebraska Public Official Liability Bonds for Council Members Randy Buschkoetter and Bob Lammers are in place.

 

Out-going Mayor Galen Hadley stepped down from the chair.

 

Newly-elected Council Member Bob Lammers came forward.

 

ADMINISTER THE OATH OF OFFICE

 

City Clerk administered the Oath of Office to Council Members Randy Buschkoetter and Bob Lammers.

 

NOMINATION OF PRESIDENT/MAYOR

 

Nominations were received for the office of President of the Council and Ex-Officio Mayor who will also serve as President of the Kearney Area Solid Waste Agency.  Council Member Lear nominated Stan Clouse for this position.  Council Member Kearney nominated Randy Buschkoetter for this position.

 

Moved by Kearney seconded by Lear to close the nominations.  Roll call resulted as follows: Aye: Clouse, Kearney, Lammers, Buschkoetter, Lear.  Nay: None.  Motion carried.

 

Stan Clouse was nominated for the office of President of the Council and Ex-Officio Mayor who will also serve as President of the Kearney Area Solid Waste Agency.  Roll call resulted as follows: Aye: Clouse, Lammers, Lear. Nay: Kearney, Buschkoetter.  Motion carried.

 

Having received the majority of votes, Stan Clouse was declared President of the Council and Ex-Officio Mayor who will also serve as President of the Kearney Area Solid Waste Agency.

 

NOMINATION OF VICE-PRESIDENT

 

Nominations were received for the office of Vice-President of the Council.  Council Member Clouse nominated Randy Buschkoetter for this position.

 

Moved by Kearney seconded by Lear to close the nominations.  Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear.  Nay: None.  Motion carried.

 

Randy Buschkoetter was nominated for the office of Vice-President of the Council. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lammers, Kearney, Lear. Nay: None. Motion carried.

 

Having received the majority of votes, Randy Buschkoetter was declared Vice-President of the Council.

 

REAPPOINTMENT OF MICHAELLE TREMBLY AS CITY CLERK

 

Moved by Lear seconded by Buschkoetter to reappoint Michaelle Trembly as City Clerk.  Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney.  Nay: None.  Motion carried.

 

RECOGNITION – KEARNEY VOLUNTEER FIRE DEPARTMENT SERVICE AWARDS

 

Mayor Clouse and Council Members recognized the following members of the Kearney Volunteer Fire Department: Jim Downing – 40 years, Emmett Maul – 30 years, Steve Johnson – 15 years, Brad Isaac – 15 years, Brad Williams – 10 years, George Wiedel – 5 years, Jim Tacha – 5 years, and Bob Reineke – 5 years.  They were presented service awards.  These firefighters have given many hours of their time in responding to fire/rescue emergencies, firefighter training, assisting with public fire prevention and safety education programs, serving as fire department officers, and serving on various types of committees.

 

ORAL COMMUNICATIONS – NAMING HARMON PARK ACTIVITY CENTER

 

Charles Pickens, 3310 10th Avenue, addressed the Council on naming the Harmon Park Activity Center. He stated that Martin Cox came up with this idea and had the privilege of living next door to Ray Lundy for many years.  He and Mr. Cox were talking one day and it was suggested the Activity Center be named the Lundy Activity Building.  He agreed that was a great idea.

 

Mr. Pickens stated 30 years ago he started as a Kearney Council member.  He believed that Mr. Lundy was a fantastic City Manager and had the privilege to serve under him for five years before he retired.  He read from a list of things that Mr. Lundy accomplished during his 28 years as City Manager.  Mr. Pickens believed that one of the best things he accomplished was that he convinced the City of Kearney that the city manager type government was by far the best form of government that a city can have.  Mr. Pickens stated observing the cities in Nebraska for the past 46 years, that one of the key things that keep us the number one city in all of Nebraska is our form of city manager government.  When Mr. Lundy started in 1953, Kearney was new to this type of government.  It was still in the experimental phase and he was very successful in proving that it works. 

 

Carl Spelts, 8 West 48th Street also addressed the Council.  He moved to Kearney in 1952 with his family to operate a retail lumber yard. Mr. Lundy came to Kearney with his family in 1953.  They were both members of the same church and so he got to know Mr. Lundy very well.  His observation of Mr. Lundy as a city manager was that he did an outstanding job.  He always did everything he could for the good of the community and contributed to the nice place where we live.  He asked if there is a City policy that the Council consider naming the Harmon Park Activity Center after Mr. Lundy because it would be a great choice.

 

Mayor Clouse stated that the Council has not had a chance to discuss this issue.  There have been some other names brought forward.  He thought that the Council will need to sit down with the City Manager and put a policy of some type together.  It was good to hear their presentation and passion about Mr. Lundy.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

GOOD SAMARITAN HOSPITAL REVISED DEVELOPMENT PLAN

 

Mayor Clouse opened the public hearing on the Application submitted by Good Samaritan Hospital (Applicant and Owner) for Revised Planned District Development Plan Approval for the construction of an addition to the cancer center facility on property zoned “District C-0/PD, Office District/Planned Development Overlay District” and described as a tract of land consisting of all of Good Samaritan Second Subdivision; the south 45 feet of Lot 3, all of Lots 4 and 5, Lot 7 excepting therefrom the east 20 feet 10 inches, Lot 8 excepting therefrom the south 36 feet and the south half of Lot 9, Bergt and Keiss Subdivision; the west 110.5 feet of the south 73 feet 4 inches of Lot 38, Northwest Quarter School Section Addition; all in Section 36, Township 9 North, Range 16 West of the 6th P.M., all in the City of Kearney, Buffalo County, Nebraska (10 East 31st Street) and to consider approval of Resolution No. 2006-219.  Planning Commission recommended approval.

 

The applicant is requesting review and approval of Revised Development Plans for a building addition at the Cancer Center on the Good Samaritan Hospital campus.  The property is zoned C-0/PD.  The scope of this project is minimal compared to the overall development of the hospital campus, but it is located in a planned zoning district overlay, which requires Planning Commission and City Council review of the Revised Development Plans.  Development plans for the entire hospital campus were submitted a couple years ago with the West Tower campus expansion when Central Avenue was vacated and closed to through traffic.  The current plan amendment is to add a 2,700-foot structure that houses a particle accelerator.  There is an existing similar structure to the east of this location and this project basically “mirrors over” the same facility.  Only a handful of parking spaces are affected by this proposal but overall parking availability exceeds code requirements.  City administration has prepared and executed a development agreement with hospital officials to meet the construction scheduling requirements for the project.

 

City staff and the hospital facilities management staff have held conversations regarding updates to the hospital master plan.  The hospital design team is currently working on revisions to the master plan and will meet with the Design Review Team with their ideas and new plans, and ultimately will present the facilities master plan to the Planning Commission and City Council through a series of periodic updates, perhaps on an annual basis.  This approach would be similar to the periodic meetings and presentations held with Kearney Public Schools and the University of Nebraska at Kearney.

 

Kasey Anderson from Good Samaritan Hospital presented this matter to the Council. The request is to add a 2,735 square foot linear accelerator vault to the south side of the Cancer Center which has been approved by Planning Commission.  The linear accelerator is a particle accelerator that is used for radiation therapy for cancer treatment that dilutes the particles before they are released into the atmosphere. 

 

Dennis Houska, 3301 2nd Avenue (Denny’s Photography), stated his building is 48 steps from the Cancer Center building.  He came before the Council three years ago about the building project for this building and the placement of 33rd Street.  He thanked Director of Public Works for his help in working with Good Samaritan and getting his concerns resolved.  He believed that Good Samaritan is a great asset to this community and he had no objection to this building plan.  He saw the notice for the Planning Commission hearing and City Council meeting, but he also saw construction starting before the meeting was held.  His concern was if the decision was made to go ahead before the public meeting was held.  He had talked with Director of Public Works about this and he was assured that the work was being done legitimately.  Mr. Houska stated he was happy that we have people in our City government who use common sense.  Good Samaritan had forgotten to follow some of the steps in a construction permit.  The City helped them out. 

 

Mr. Houska went back to some things that were talked about three years ago when the original Cancer Center plan was discussed.  He asked about the permanent traffic light on the corner of Avenue A and 31st Street that was suggested at that time if it was found that it was needed.  He noted there is a temporary one up there and wanted to know what the final decision was about that.  He wanted to know if City taxes are going to be used to install that traffic light or is Good Samaritan going to put it up?  He stated that at that time George Volz from Good Samaritan also stated that GSH was going to raise the smoke stack on their incinerators so that the smoke does not come down on the road during certain weather conditions which has not been done.  He was also curious about the master plan for the vacant lot that GSH owns north of his business on 33rd Street and 2nd Avenue that has been used to store construction material. 

 

Mayor Clouse stated that those issues are not directly pertinent to this particular project but wanted to address them.  Director of Public Works Rod Wiederspan stated the original plan on the stoplight on 31st Street and Avenue A was that GSH put in a temporary light during the construction phase when we shifted it over to 33rd Street.  After the construction was done, we did a traffic study to see if that stoplight was warranted or not.  Through that traffic study, there are not enough cars today to warrant a stoplight at that location.  He stated that from the positive comments that they received from the public when it was put in, they are still looking for ways to warrant a permanent signal there.  They are hoping with the 39th Street project with the signal they are installing at 39th Street and Avenue A, it will generate more traffic to use Avenue A and hopefully warrant that traffic signal.  That temporary signal will have to be addressed in the near future. 

 

Larry Surmeier from GSH stated the incinerator was decommissioned since at least before August 2004.  They currently ship all their biohazard waste with a contractor.  Regarding the vacant lot that Mr. Houska mentioned, they had to remove the overhang canopy from the south side of the Cancer Center and it is now sitting on that lot.  GSH will be beginning their master facility planning process in January and they will determine the best use of that property in that plan.  It has been a staging area because they cannot stage into their guest parking areas and cannot ask their contractors to ship too far to get to their facility.  City Manager stated there has been a construction trailer there for some time and he would expect that when this project is completed that would be moved.  Mr. Surmeier confirmed that it would be gone. 

 

Council member Buschkoetter stated that it is not smoke that is coming from their building but steam.  Mr. Surmeier stated they blow down their boilers everyday and that process releases steam which is more visible when it is cold outside but dissipates immediately. 

 

Mr. Surmeier stated that they are starting over with their master plan in January 2007 and will be looking at their properties and include their strategic plan and marketing information to determine if and when they need to grow.  Mayor Clouse stated that plan should include talking with their neighbors such as Mr. Houska, the dentist in the area and others.

 

City Manager stated that he has talked with Good Samaritan and they are in agreement that it would be a good time based on this information to get together in early February and discuss some of these issues.  We would be able to talk about concerns, how we can look forward to the future and construction schedules, etc.  He stated that City staff would like to do the same thing as they have done with some other large employers in town when they have building facility plans.  He thinks they need to look at doing that annually with GSH and it would have been better if we had been doing that now.  This would enable both the City and GSH to do a much better job.       

 

Mr. Houska stated that he is starting a Good Samaritan “neighborhood association” and he has a website and will get it up and running. He believed it would be a good way to communicate with the City and GSH to make sure things go better. 

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Clouse to close the hearing and approve the Application submitted by Good Samaritan Hospital (Applicant and Owner) for Revised Planned District Development Plan Approval for the construction of an addition to the cancer center facility on property zoned “District C-0/PD, Office District/Planned Development Overlay District” and described as a tract of land consisting of all of Good Samaritan Second Subdivision; the south 45 feet of Lot 3, all of Lots 4 and 5, Lot 7 excepting therefrom the east 20 feet 10 inches, Lot 8 excepting therefrom the south 36 feet and the south half of Lot 9, Bergt and Keiss Subdivision; the west 110.5 feet of the south 73 feet 4 inches of Lot 38, Northwest Quarter School Section Addition; all in Section 36, Township 9 North, Range 16 West of the 6th P.M., all in the City of Kearney, Buffalo County, Nebraska (10 East 31st Street) and approve Resolution No. 2006-219.  Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-219

 

            WHEREAS, Good Samaritan Hospital (Applicant and Owner) has applied for Revised Planned District Development Plan Approval for the construction of an addition to the cancer center facility on property zoned “District C-0/PD, Office District/Planned Development Overlay District” and described as a tract of land consisting of all of Good Samaritan Second Subdivision; the south 45 feet of Lot 3, all of Lots 4 and 5, Lot 7 excepting therefrom the east 20 feet 10 inches, Lot 8 excepting therefrom the south 36 feet and the south half of Lot 9, Bergt and Keiss Subdivision; the west 110.5 feet of the south 73 feet 4 inches of Lot 38, Northwest Quarter School Section Addition; all in Section 36, Township 9 North, Range 16 West of the 6th P.M., all in the City of Kearney, Buffalo County, Nebraska (10 East 31st Street).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Good Samaritan Hospital (Applicant and Owner) for District Planned Development Plan Approval for the construction of an addition to the cancer center facility on property zoned “District C-0/PD, Office District/Planned Development Overlay District” and described as a tract of land consisting of all of Good Samaritan Second Subdivision; the south 45 feet of Lot 3, all of Lots 4 and 5, Lot 7 excepting therefrom the east 20 feet 10 inches, Lot 8 excepting therefrom the south 36 feet and the south half of Lot 9, Bergt and Keiss Subdivision; the west 110.5 feet of the south 73 feet 4 inches of Lot 38, Northwest Quarter School Section Addition; all in Section 36, Township 9 North, Range 16 West of the 6th P.M., all in the City of Kearney, Buffalo County, Nebraska (10 East 31st Street) be approved.

            PASSED AND APPROVED THE 12TH DAY OF DECEMBER, 2006.

 

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

FINAL PLAT AND SUBDIVISION AGREEMENT – HEIDEN SECOND SUBDIVISION

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Marlin Heiden and Cheryl Heiden Revocable Trust (Owner) for final plat and Subdivision Agreement approval for “HEIDEN SECOND SUBDIVISION” a subdivision of Buffalo County, Nebraska for property described as being part of the East Half of the Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., containing 15.9 acres, more or less, Buffalo County, Nebraska (west of 2nd Avenue, north of 66th Street) and to consider approval of Resolution No. 2006-220.

 

The applicant is requesting approval to plat a tract of land that is approximately 15.9 acres into two lots.   The property is zoned appropriately as Agricultural since it has never been rezoned or used for any other purpose other than a telecommunications tower which is authorized and regulated by a Conditional Use Permit.  One lot is 10.14 acres and it contains the existing communications tower while the remaining lot is 4.13 acres, more or less.  A proposed street is platted on paper as 3rd Avenue extending northward from 66th Street with the larger lot on the west side and the smaller to the east.  City staff requested an adjustment in the road alignment so that it would line up with an existing ingress-egress easement that extends south from 66th Street.  Someday in the future this alignment will become the backbone for 3rd Avenue.  The road alignment has been adjusted to meet staff’s request.  The adjustment in the road alignment will affect the land area in each of the lots so that the numbers given above will no longer be accurate, but the change is miniscule.  The Preliminary Plat was approved by the Planning Commission on November 17, 2006.

 

The property will remain zoned Agricultural at this time as there is no change in use planned.  Typically, if the parcels resulting from a subdivision are less than 20 acres, the City requires them to be zoned something other than Agricultural.  In this case, the property cannot be served with municipal services for many years so staff agreed to allow the land to remain in agricultural zoning.  Someday in the future, when public services become available, the owner at that time can request rezoning to satisfy an appropriate use and building permits can be issued, etc.  A Subdivision Agreement has been prepared and signed by the Owner.

 

Mitch Humphrey from Buffalo Surveying was present to answer any questions.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Kearney to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Marlin Heiden and Cheryl Heiden Revocable Trust (Owner) for final plat and Subdivision Agreement approval for “HEIDEN SECOND SUBDIVISION” a subdivision of Buffalo County, Nebraska for property described as being part of the East Half of the Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., containing 15.9 acres, more or less, Buffalo County, Nebraska (west of 2nd Avenue, north of 66th Street) and approve Resolution No. 2006-220. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-220

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “HEIDEN SECOND SUBDIVISION” a subdivision being a tract of land being part of the East Half of the Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: referring to the southeast corner of the Northeast Quarter of Section 23 and assuming the south line of the Northeast Quarter of Section 23 as bearing S89°13’06”W and all bearings contained herein are relative thereto; thence N00°21’58”W and on the east line of the Northeast Quarter of Section 23 a distance of 961.69 feet to a point on the south line of a tract of land deeded to the State of Nebraska Department of Roads (if extended easterly) with said tract of land being described on Warranty Deed filed at Instrument No. 1999-524 and recorded on January 20, 1999 in the Office of the Buffalo County Register of Deeds; thence S89°03’07”W and on the south line of said tract of land deeded to the State of Nebraska Department of Roads (if extended easterly) a distance of 39.06 feet to a point being the southeast corner of said tract of land deeded to the State of Nebraska Department of Roads; thence continuing S89°03’07”W and on the south line of said tract of land deeded to the State of Nebraska Department of Roads a distance of 39.95 feet to the southwest corner of said tract of land deeded to the State of Nebraska Department of Roads, said point also being on the east line of Austin Estates, a subdivision being part of the Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska; thence N00°23’07”W and on the west line of said tract of land deeded to the State of Nebraska Department of Roads and the east line of said Austin Estates a distance of 6.0 feet to the ACTUAL PLACE OF BEGINNING, said point being the northeast corner of said Austin Estates and said point also being on the north line of 66th Street, a street as shown and dedicated on the original plat of said Austin Estates; thence leaving the west line of said tract of land deeded to the State of Nebraska Department of Roads S89°03’07”W and on the north line of said 66th Street a distance of 369.86 feet to a point of curvature; thence on a 300.0 foot radius curve to the right, forming a central angle of 16°30’36” and continuing on the north line of said 66th Street an arc distance of 86.45 feet to a point of tangency; thence tangent N74°26’18”W and continuing on the north line of said 66th Street a distance of 100.00 feet to a point of curvature; thence on a 466.0 foot radius curve to the left forming a central angle of 16°30’36” and continuing on the north line of said 66th Street an arc distance of 134.28 feet to a point of tangency; thence tangent S89°03’07”W and continuing on the north line of said 66th Street a distance of 178.95 feet to a point of curvature; thence on a 600.0 foot radius curve to the right forming a central angle of 11°25’41” and continuing on the north line of said 66th Street an arc distance of 119.67 feet to a point of nontangency; thence nontangent N00°21’27”W and leaving the north line of said 66th Street a distance of 832.12 feet; thence N88°55’41”E a distance of 772.43 feet; thence S00°32’39”E a distance of 479.16 feet to the northwest corner of Lot 2, Heiden Addition, a subdivision being part of the East Half of the Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska; thence continuing S00°32’39”E and on the west line of said Lot 2, Heiden Addition a distance of 240.0 feet to the southwest corner of said Lot 2, Heiden Addition; thence N89°10’34”E and on the south line of said Lot 2, Heiden Addition a distance of 90.0 feet to the northwest corner of Lot 1 of said Heiden Addition; thence S00°18’47”E and on the west line of said Lot 1, Heiden Addition a distance of 130.0 feet to the southwest corner of said Lot 1, Heiden Addition; thence N89°03’07E and on the south line of said Lot 1, Heiden Addition a distance of 120.02 feet to the northwest corner of a tract of land deeded to the State of Nebraska Department of Roads as described on Warranty Deed at Instrument No. 1999-524 and recorded on January 20, 1999 in the Office of the Buffalo County Register of Deeds; thence S00°23’07”E and on the west line of said tract of land deeded to the State of Nebraska Department of Roads a distance of 54.0 feet to the place of beginning, containing 15.9 acres, more or less, Buffalo County, Nebraska, and in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) be accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska.

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

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

            PASSED AND APPROVED THIS 12TH DAY OF DECEMBER, 2006.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

PROPOSED ACQUISITION OF PROPERTY – 2219 AVENUE A

 

Mayor Clouse opened the public hearing on the proposed acquisition for the purpose of the expansion of the City of Kearney Volunteer Fire Department Station #1 located at 2211 Avenue A of a tract of land being the north 12.5 feet of Lot 142 and the south half of Lot 143, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2219 Avenue A) and to consider approval of Resolution No. 2006-221.

 

Director of Finance and Administration Wendell Wessel presented this matter to the Council.  There is a need to expand Fire Station #1.  The City has obtained a Purchase Agreement from the owners of the house just north (2219 Avenue A) of the Station #1 for $75,000.  Subsequent to the final approval of the budget, the opportunity to purchase property north of Fire Station #1 for the purpose of expanding parking and erecting a storage building arose. The 2006-2007 City of Kearney budget includes various public safety improvements/equipment for the Fire Department.  These items include improvements to Fire Station #1 and the purchase of a new pumper truck.  It has been, and still is, the intent of the City to issue Series 2007 Public Safety Equipment Tax Anticipation Bonds to pay for the improvements and equipment. 

 

Section 18-1775 of the Nebraska Revised Statutes requires that a City of the first class acquiring an interest in real property shall do so only after the governing body has authorized the acquisition by action taken in a public meeting after notice and a public hearing.

 

In order to reimburse the City for any payments made by the City to engineers, contractors, property owners, or other vendors prior to the issuance of said bonds, the City Council is required, pursuant to Regulation Section 1.150-2 of the regulations of the United States Treasury.

 

Approval simply allows the City of Kearney to hold a public hearing and expend funds on various Public Safety (Fire Department) Improvements and subsequently reimburse itself from the proceeds of the Series 2007 Public Safety Equipment Tax Anticipation Bonds.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lammers to close the hearing and approve the proposed acquisition for the purpose of the expansion of the City of Kearney Volunteer Fire Department Station #1 located at 2211 Avenue A of a tract of land being the north 12.5 feet of Lot 142 and the south half of Lot 143, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2219 Avenue A) and approve Resolution No. 2006-221. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-221

 

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

            WHEREAS, the City Council has held a public hearing upon the proposed acquisition for the purpose of the further expansion of the City of Kearney Volunteer Fire Department Station #1 located at 2211 Avenue A and voted in favor to proceed with the acquisition; and

            WHEREAS, Jeremiah and Denise Quintin, husband and wife, will grant a Warranty Deed to the City of Kearney, Nebraska, on or about December 15, 2006 for the following tract of land: the north 12.5 feet of Lot 142 and the south half of Lot 143, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2219 Avenue A).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Warranty Deed that will be granted by Jeremiah and Denise Quintin, husband and wife, to the City of Kearney on or about December 15, 2006, be and is hereby approved and accepted.

            PASSED AND APPROVED THIS 12TH DAY OF DECEMBER, 2006.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

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

 

1.         Approve the following Claims: AT&T $130.63 smcs; Ace Hardware $696.54 smcs,co; Ace Industrial $299.10 smcs; Advance Auto Parts $456.83 smcs; Agro $1,084.17 smcs; All Makes Auto $2,274.87 smcs; Alltel $3,553.93 smcs; Amazon $327.89 smcs; Amer Electric $431.68 smcs,co; Amer Library Assn $478.00 smcs; Amer Red Cross $158.88 smcs; Amsan $938.09 smcs; Antelope Newspaper $69.00 smcs; Artic Refrigeration $559.51 smcs; Ashbrook Simon Hartley $1,783.30 smcs; Ask Supply $157.50 smcs; Athletic Bus Publication $520.00 smcs; Aurora Co-op $682.54 smcs; Auto Glass Center $702.48 smcs; Avondale Badge $77.95 smcs; B&B Auto Glass $682.55 smcs; Baker & Taylor $4,519.90 smcs; Baristas $20.00 smcs; BBC Audiobooks $73.00 smcs; Big Apple $82.00 smcs; Big O Tires $929.20 smcs; Blankshirtsstore.com $85.21 smcs; Blessing $141,072.11 co; Bluecross Blueshield $46,503.84 smcs; Bob's Super Store $47.95 smcs; Bosselman $1,028.00 smcs; Brilliance Audio $86.62 smcs; Brodart $44.16 smcs; Brodine,S $244.84 smcs; Bruha,S $726.09 smcs; Buffalo Co Court $191.33 ps; Buffalo Co Register Deeds $51.50 smcs; Bugay,T $17.00 smcs; Buggy Bath Car Wash $142.00 smcs; Builders Warehouse $3,358.94 smcs,co; Business Office Systems $14,341.00 co; Cabela's $4,284.52 smcs; Can You Imagine Candy $175.00 smcs; Cash-Wa $196.50 smcs; CED Enterprise $145.88 smcs; Centaur Enterprises $556.64 smcs,co; Center Point Large Print $154.20 smcs; Central Auto Electric $19.40 smcs; Central Community College $75.00 smcs; Central Hydraulic $113.84 smcs; Chamberlain Group $37.45 smcs; Charter $77.45 smcs; Chemsearch $396.13 smcs; Chief Supply $203.89 smcs; City of Ky $11,855.74 smcs,ps; City of Palacios $85.69 smcs; Clipper Publishing $504.00 smcs; College Savings Plan of NE $75.00 ps; Computer Hardware $40.00 smcs; Construction Rental $640.75 smcs; Copycat Printing $321.93 smcs; Cowpoke $334.00 smcsCreative Teacher $23.97 smcs; Crocker Monogramming $417.00 smcs; Crossroads Ford $3,120.78 smcs; Cruise,H $64.18 smcs; C-Tech Restoration $690.25 smcs; Culligan $265.00 smcs; Cummins Central Power $445.11 smcs; Dan Roeder Concrete $243,671.42 co; DARE America $272.55 smcs; Dell $907.50 co; Delta Air $33.41 smcs; Demco $2,317.94 smcs; Depository Trust $647,025.00 ds; Diamond Vogel $166.09 smcs; Dobberstein,C $61.50 smcs; Double M Farms $2,000.00 smcs; Eakes $8,197.22 smcs,co; Ecolab $29.00 smcs; EDM Equipment $17.47 smcs; Educational Service A141#10 $942.50 co; Eirich,T $100.00 smcs; Elliott $375.15 smcs; Emed $23.24 smcs; Engels,D $81.60 smcs; Eustis Body Shop $205.00 smcs; Excalibur Hotel $86.11 smcs; Expressions Wear $40.00 smcs; Extreme Halloween $659.72 co; Fairbanks $7,319.03 smcs; Farmers Union $669.00 smcs; Fastenal $3,489.49 smcs,co; Fedex $170.33 smcs; Fingerprint America $3,793.00 smcs; Floratine of Omaha $1,680.00 smcs; Footjoy $213.81 smcs; Frontier $8,340.63 smcs; Gall's $111.90 smcs,co; Garrett Tires $8,320.96 smcs; Gempler $322.75 smcs; GI Family Radio $400.00 smcs; Golden Rule Creations $488.58 smcs; Gordon's Small Engine $1,266.35 smcs,co; Graham Tire $1,202.04 smcs; Grainger $1,373.08 smcs; Great Amer Outdoor $345.25 smcs; Great Plains Safety $475.00 smcs; Grint,K $82.33 smcs; Guideposts $16.94 smcs; H.W. Wilson $205.00 smcs; HDSWW $4,155.87 smcs; Holdrege Daily Citizen $129.00 smcs; Holiday Inns $552.12 smcs; Holmes Plumbing $689.88 smcs,co; Hometown Leasing $552.54 smcs; Hotsy $1,586.24 smcs; Hug Membership $195.00 smcs; Human Kinetics $119.45 smcs; Hydrologic $320.26 smcs; ICMA RC $2,795.15 ps; Info USA Marketing $2,985.00 smcs; IRS $94,675.89 ps; Int'l Products $43.54 smcs; IIMC $125.00 smcs; Jack Lederman $218.92 smcs; JC Penney $2,102.32 smcs; Jelinek,T $19.72 smcs; John Deere Credit $5,354.40 ds; Johnson,S $100.00 smcs; Johnstone Supply $96.19 smcs; JR's Western $2,145.81 smcs; K&K Parts $195.31 smcs; Kasan's $42.81 ps; Ky Concrete $3,515.75 co; Ky Hub $4,790.82 smcs; Ky Implement $19,488.76 smcs,co; Ky Towing $65.00 smcs; Ky Warehouse $2,135.13 smcs; Ky Winnelson $37.18 smcs; Ky Yamaha $119.99 smcs; Kerby,R $473.00 smcs; Killion Motors $271.51 smcs; Kirkham Michael $5,583.09 co; Kmart $247.24 smcs; KMTV-FM $180.00 smcs; Konica Minolta $59.09 smcs; Kooyman,R $200.00 ps; Krepel,J $35.00 smcs; K's Jewelry $99.00 smcs; Lacal Equipment $858.00 smcs; Laser Art Design $489.90 ps; Laughlin,K $180.00 ps; Law Enforcement Report $233.85 smcs; Law Enforcement Training $57.00 smcs; Lawson Products $205.46 smcs; Lewis,N $201.92 smcs; Lincoln Journal Star $597.20 smcs; Lindenstein's $231.00 smcs; Linweld $2,375.04 smcs; Lips Printing Service $105.40 smcs; Little America $586.32 smcs; Lone Star Promotions $297.00 smcs; LTI Total $1,578.00 co; Magic Cleaning $2,360.00 smcs; Mail Express $3,008.90 smcs; Malcolite $55.28 smcs; Marlatt Machine Shop $329.27 smcs; Matthew Bender $30.90 smcs; Mayflower Park Hotel $551.40 smcs; Menards $2,071.38 smcs,co; MES-Mid America $156.73 smcs; MGS Tech $80.68 co; Mid American Specialties $1,504.05 smcs; Middleton Electric $112.42 smcs; Midlands Contracting $192,843.03 co; Mid-State Units $120.00 smcs; Midwest Turf $1,665.37 smcs; Miller & Associates $11,006.40 smcs,co; Misko Sports $722.90 smcs; Morris Press $106.00 smcs; Mosbarger,B $200.00 ps; Moss & Barnett $9,235.28 smcs; Mr Automotive $1,608.36 smcs,co; Municipal Pipe Tool $196.24 smcs; NCS Equipment $112.73 smcs; NE Child Support $2,478.21 ps; NE Dept of Revenue $31,068.93 smcs; NE Law Enforcement $50.00 smcs; NE Library Commission $35.00 smcs; NE Machinery $1,572.29 smcs; NE Plastics $5,379.11 smcs; NE Rural Water Assn $30.00 smcs; NE Safety & Fire $160.50 smcs; NE Statewide $100.00 smcs; NE Women's Golf $25.00 smcs; Neopost $11,545.70 smcs; NFPA $847.50 smcs; Northstar Audio Books $10.00 smcs; Northwest Electric $265.50 smcs; Northwestern Energy $3,421.40 smcs; NSG Galeton Gloves $53.20 smcs; Office Depot $617.93 smcs; Officemax $1,909.09 smcs,co; Officenet $1,091.82 smcs; O'Keefe Elevator $137.88 smcs; Omaha Sleep Inn $72.10 smcs; Omaha World Herald $72.80 smcs; O'Reilly $1,387.18 smcs; Orscheln $1,385.92 smcs,co; Overhead Door $133.13 smcs; Paramount Linen $131.82 smcs; Party America $14.99 smcs; Patterson,B $77.99 smcs; Payflex Systems $4.25 smcs; Pet Pick-ups $213.96 smcs; Platte Valley Comm $4,443.55 smcs; Presto-X $164.00 smcs; Prime Communications $15,125.75 co; Puppet Productions $86.10 smcs; Quill $180.97 smcs; Radioshack $23.96 smcs; Random House $710.75 smcs; Reams Sprinkler $625.78 smcs; Recorded Books $247.40 smcs; Redman's Shoes $4,581.29 smcs; Redy Battery $105.88 co; Rourke Publishing $109.20 smcs; RT Corporation $570.90 smcs; Russell's Appliance $479.00 co; Sahling Kenworth $478.59 smcs; Sampson Construction $61,975.00 co; Sandy's Jewelry $10.00 ps; Sapp Brothers $19,449.97 smcs; Sargent Drilling $144,748.80 co; Sawin,M $19.13 smcs; Scharff's Septic Tank $275.00 smcs; See Clear Cleaning $1,900.00 smcs; Seneca Tank $114.13 smcs; Sewer Equipment $1,963.56 smcs; Sheldon,S $72.21 smcs; Sheraton Hotels $217.96 smcs; Sherwin Williams $221.85 smcs; Shirt Shack $139.00 smcs; Shopping Tripps $684.94 co; Softchoice $989.91 smcs,co; Solid Waste Agency $48,491.49 smcs; Solid Waste Equipment $36.62 smcs; Southwestair $576.60 smcs; Sprinkler Warehouse $913.00 smcs; St of NE Fire Marshal $120.00 smcs; St of NE HHS Laboratory $350.00 smcs; St of NE HHSR&L $208.00 smcs; St of NE/Das Comm $18.91 smcs; Sun Life Financial $20,983.01 smcs; Sunmart $73.65 smcs; Sunrise Middle School $100.00 smcs; Sydow,J $80.00 smcs; Target $214.78 smcs; TC G.Neil $587.26 smcs; Thomson Gale $1,343.88 smcs; Tielke Enterprise $52.22 smcs; Tigerdirect $445.87 smcs,co; Titelist $341.03 smcs; Todd's Flooring $632.74 smcs; Toews,M $320.00 smcs; Tom Dinsdale Chevrolet $215.06 smcs; Total Backflow Resources $125.00 smcs; Tractor-Supply $2,041.78 smcs; Trade Well Pallet $1,045.00 smcs; Tri City Outdoor Power $724.72 smcs,co; Trotter Fertilizer $74.55 smcs; Tye & Rademacher $13,020.59 smcs; UAP $370.89 smcs; Unico Group $2,119.00 smcs; Unique Books $65.04 smcs; United Way $300.00 smcs; Unitedstatesflag.com $387.01 smcs; UPS $11.28 smcs; US Bank $1,284.00 smcs; USPS $93.94 smcs; Van Diest Supply $485.19 smcs; Vermont Systems $932.00 smcs; Video Service of America $268.24 smcs; Village Uniform $389.50 smcs; Visco $423.80 smcs; Walgreen $5.98 smcs; Walmart $2,247.88 smcs; Warren-T Drain Cleaners $183.00 smcs; Watchguard Video $10,040.00 co; We Care Tree Care $890.00 smcs; West Payment Center $1,062.30 smcs; West Villa Animal Hospital $52.00 smcs; Wilke Donovan's $228.90 smcs; Williams,M $208.48 smcs; Willimason-Dickie $93.95 smcs; World Herald Advertising $367.60 smcs; World Twin $400.00 smcs; Wrecker Boyz Towing $225.00 smcs; Yanda's Music $35.20 smcs,co; Zimmerman Printers $663.85 smcs; Payroll Ending 11-25-2006 -- $278,115.12.  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.

 

2.         Authorize the intent of the issuance of Series 2007 Public Safety Equipment Tax Anticipation Bonds on behalf of the City for expenditures for the Kearney Volunteer Fire Department and approve Resolution No. 2006-222.

 

RESOLUTION NO. 2006-222

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska (the "City"), as follows:

            Section 1.  The President and Council of the City hereby find and determine that it is necessary and appropriate to declare their official intent to issue tax-exempt bonds on behalf of the City and in addition, the City's reasonable expectations to reimburse certain expenditures with the proceeds of such bonds as proposed to be issued by the City in connection with the proposed project as described below.

            Section 2.  This resolution shall stand as a statement of the City's official intent under Regulation Section 1.150-2 of the regulations of the United States Treasury and for such purpose the following information is hereby given:

                  1.   A general functional description of the project for which expenditures may be made and reimbursement from bond proceeds provided is as follows:

           

Property purchase (2219 Avenue A)

$75,000.00

Parking lot improvements – Station #1

$175,000.00

Building improvements – Station #1

$300,000.00

Pumper Truck

$600,000.00

 

 

                  2.   The maximum principal amount of debt expected to be issued for such project is $1,000,000.00.

            PASSED AND APPROVED THIS 12TH DAY OF DECEMBER, 2006.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

3.         Reject the bids received for the purchase of a Loader Mounted Snow Blower for the Transportation Division of Public Works.

 

4.         Approve the bids received for the purchase of a truck cab and chassis, spreader, snow plow and snow plow hitch for the Transportation Division of Public Works and award the bid to Nebraska Truck Center in the amount of $100,760.00.

 

5.         Approve the bids received for the purchase of a 165 H.P. Class Articulated Frame Four-Wheel Drive Motor Grader for the Transportation Division of Public Works and award the bid to Nebraska Machinery in the amount of $174,812.00.

 

6.         Approve the bids received for the purchase of a side load refuse compactor truck for the Sanitation Division of the Utilities Department and award the bid to Elliott Equipment in the amount of $184,820.00.

 

7.         Approve Change Order No. 1 showing an increase in the amount of $7,752.00 submitted by Sampson Construction and approved by Brungardt Engineering in connection with the construction of the Environmental Resource Center (ERC) to be located at E.K. & Mary Yanney Heritage Park and approve Resolution No. 2006-223.

 

RESOLUTION NO. 2006-223

 

WHEREAS, Sampson Construction Company has performed services in connection with the construction of the Environmental Resource Center (ERC) to be located at E.K. & Mary Yanney Heritage Park, and the City's engineer, Brungardt Engineering, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $7,752.00 as shown on Exhibit “A”, attached hereto and made a part hereof by reference:

 

Original Contract Sum

$567,000.00

            Change Order No. 1 (12-12-2006)

+   7,752.00

Contract Sum To Date

$574,752.00

 

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

            PASSED AND APPROVED THIS 12TH DAY OF DECEMBER, 2006.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

8.         Approve Change Order No. 1 showing a decrease in the amount of $4,520.75, Application and Certificate for Payment No. 2-Final in the amount of $65,084.80, and the Certificate of Substantial Completion submitted by Blessing, LLC and approved by Miller & Associates 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 and approve Resolution No. 2006-224.

 

RESOLUTION NO. 2006-224

 

WHEREAS, Blessing, LLC of Kearney, Nebraska has performed services in connection with 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, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $4,520.75 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 2-Final in the amount of $65,084.80 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$144,816.75

            Change Order No. 1 (12-12-2006)

-    4,520.75

Contract Sum To Date

140,296.00

Gross Amount Due

140,296.00

Retainage

.00

Amount Due to Date

140,296.00

Less Previous Certificates for Payment

  75,211.20

Current Payment Due

$65,084.80

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of November 16, 2006, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

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

            PASSED AND APPROVED THIS 12TH DAY OF DECEMBER, 2006.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

9.         Pledge support for the participation in Nebraska’s Economic Development Certified Community Program and approve Resolution No. 2006-225.

 

RESOLUTION NO. 2006-225

 

            WHEREAS, local municipal government, county government, and regional economic development entities must provide leadership and coordination for economic development efforts; and

            WHEREAS, economic development needs can best be solved through a cooperative effort between local, county, regional and state economic development organizations and entities; and

            WHEREAS, there is a need to recognize and promote our community’s organizational readiness, infrastructure investment, ability to respond to business needs; and

WHEREAS, the Economic Development Certified Community Program, administered by the Nebraska Department of Economic Development, has been reviewed and found to be a program promoting our community’s economic development preparedness.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, to pledge their full support, endorsement and cooperation for participation in Nebraska’s Economic Development Certified Community Program by the City of Kearney.

            PASSED AND APPROVED THIS 12TH DAY OF DECEMBER, 2006.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7313 – AMEND SECTION 1-402 OF CITY CODE

 

In 1985, the City Council adopted Ordinance No. 3736 which declared the offices of City Clerk and City Treasurer as separate offices.  In earlier years, the offices of City Clerk and City Treasurer were combined and the duties were performed by the City Clerk.  When the City Clerk performed the duties of both offices, the City provided an Officer’s Bond in the sum of $1,000.00. In 1985 when the offices were declared separate, the City provided a bond for the City Treasurer in the amount of $1,000,000.00. 

 

In reviewing Section 1-402 of the Code, it was noted that the City continued to provide a bond for the City Clerk.  All City employees are included in the City’s policy unless specifically required by State law.  Sections 19-648 and 16-318 of the Nebraska Revised Statutes require that the City Manager and the City Treasurer have a surety bond conditioned upon the honest and faithful performance of their duties. Therefore, Ordinance No. 7313 deletes the bond for the City Clerk and provides both the City Manager and the Director of Finance and Administration to have a bond in the sum $250,000.00.

 

Council Member Lear introduced Ordinance No. 7313, being Subsection 1 of Agenda Item V to amend Section 1-402 “Bonds; Clerk and Director of Finance” of Article 4 “Bonds and Oaths” of Chapter 1 “Administration” of the Code of the City of Kearney to delete the bond for the City Clerk and to provide both the City Manager and the Director of Finance and Administration to have a bond in the sum of $250,000.00, 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: Clouse, Lammers, 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. 7313 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Clouse that Ordinance No. 7313 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers.  Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7313 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

 

BIG APPLE FUN CENTER LIQUOR LICENSE EXPANSION

 

Mayor Hadley opened for discussion the application for addition to licensed premises submitted by APPLE FUN CENTER INC., dba “Big Apple Fun Center” located at 500 West 4th Street in connection with their Class C-24505 liquor license.

 

Ken Owen, 17390 YDC Road, from the Big Apple presented this matter to the Council.  He stated that the new addition be approved in case someone with an alcoholic beverage enters that part of the facility.  They would not actually be selling alcohol in that facility but if they had a big party they would be allowed to use that area.  Mr. Owen stated that he did not have any stats, but they have turned in every minor that they have caught trying to buy alcohol to the Police Department.  The latest people they “busted” were from the Disney on Ice members, one minor and one procuring.  He stated it does not matter if they are local or out of town people, they will enforce the law the same for everyone.

 

Moved by Clouse seconded by Kearney to approve the application for addition to licensed premises submitted by APPLE FUN CENTER INC., dba “Big Apple Fun Center” located at 500 West 4th Street in connection with their Class C-24505 liquor license. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

OPEN ACCOUNT CLAIMS: FREMONT NATIONAL BANK - $41,298.80; HORIZON MIDDLE SCHOOL - $100.00; PLATTE VALLEY STATE BANK - $100.00; SCHOOL DISTRICT #7 - $4,252.65

 

Moved by Kearney seconded by Lammers that Open Account Claims in the amount of $41,298.80 payable to Fremont National Bank and in the amount of $100.00 payable to Platte Valley State Bank be allowed. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear abstained. Motion carried.

 

Moved by Lear seconded by Clouse that Open Account Claims in the amount of $100.00 payable to Horizon Middle School and in the amount of $4,252.65 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter. Nay: None. Lammers and Buschkoetter abstained. Motion carried.

 

VII.    REPORTS

 

POLICY ON NAMING BUILDINGS

 

City Manager Michael Morgan stated that as follow up, staff will put together some samples of policies for naming City facilities.  He checked with the Park and Recreation Department and they have had somewhat of an informal policy in the past and usually have been tied to donations of property or money. 

 

VIII.    ADJOURN

 

Moved by Kearney seconded by Lear that Council adjourn at 7:52 p.m. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers.  Nay: None. Motion carried.

 

                                                                                    STANLEY A. CLOUSE

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK