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