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Kearney, Nebraska

June 12, 2007

7:00 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on June 12, 2007, in the Council Chambers at City Hall.  Present were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Bruce Lear, and Bob Lammers. Absent: None.  Michael 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: John Sydow, Jerry Thompson, Bob Seals, Terry Seals, Terry Eirich, Gene Beerbohm, Ken Tracy, Alicia Tracy, Pat Garrelts, Steve Boyer, Mary Wing, Charlie Wing, Lean Brandt, Lance Handley, Tim Lowe, Paul Wice from KGFW Radio.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Reverend Ken Fairbrother from Countryside Christian Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scout Eric Warren from Troop 158 led the Council members and audience in the Pledge of Allegiance.

 

ANNOUNCEMENT

 

Mayor Clouse 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.

 

RECOGNITION

 

Mayor Clouse and Council Members recognized the following volunteer firefighters who 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: Gene Beerbohm – 30 years, Pat Garrelts – 20 years, Ken Tracy – 20 years, Terry Eirich – 20 years, Terry Seals – 5 years, and Derek Dempcy – 5 years.  They were each presented a plaque.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

BOARD OF EQUALIZATION – PAVING DISTRICTS 2004-881, 2004-882A, 2004-883; WATER DISTRICTS 2004-530, 2004-531A, 2004-532; SEWER DISTRICTS 2004-472, 2004-473A, 2004-474

 

Moved by Kearney seconded by Lammers to remove from the table the hearing Public Hearing 1 pertaining to the Board of Equalization. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Mayor Clouse opened the public hearing for the Council to meet as a Board of Equalization to assess costs for Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue; Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street; Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet; Water District No. 2004-530 for 60th Street from 2nd Avenue to 1st Avenue, Water District No. 2004-531A for 1st Avenue from 60th Street to 65th Street; Water District No. 2004-532 for 65th Street from 2nd Avenue east a distance of 1,058 feet; Sewer District No. 2004-472 for 60th Street from 2nd Avenue to 1st Avenue; Sewer District No. 2004-473A for 1st Avenue from 60th Street to 65th Street; Sewer District No. 2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet and to consider approval of Resolution No. 2007-88.

 

These districts were created in 2004.  After completion of the construction projects, the City hired a title company to complete property abstracts so that assessments could be levied.  These districts have been completed and, in order to satisfy state law, when paving, water and sewer districts are completed, the City Council must act as a Board of Equalization to levy assessments on properties so benefited. Property owners will then be required to pay the first installment within 50 days (August 1) or will be able to pay the entire assessment without any interest prior to this date.

 

In accordance with the Amended and Restated Subdivision Agreement dated January 13, 2004 Corrigan's have agreed to pay assessments on their property and pay an amount equal to the assessment on the parcel they do not own.  They are not paying the assessment but an amount equal to the assessment and then be reimbursed later. City staff has been working with the attorney representing the owners in this area.   

 

With regard to the improvements to 65th Street, one of the property owners requested and was granted an agricultural deferment in accordance with Section 19-2427 of the Nebraska Revised Statutes.

 

Funds necessary to pay for the construction of these improvements have been included in the budget. The deferral of the special assessments shall continue unless terminated upon any of the following events: (1) notification by the owner of record title to the city council to remove such deferral; (2) sale or transfer to a new owner who does not make a new application within sixty days of the sale or transfer; (3) transfer by reason of death of a former owner to a new owner who does not make application within 125 days of the transfer; (4) the land is no longer being used as agricultural land; or (5) change of zoning to other than an agricultural zone.

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Lear to close the hearing as the Board of Equalization and to assess costs for Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue; Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street; Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet; Water District No. 2004-530 for 60th Street from 2nd Avenue to 1st Avenue, Water District No. 2004-531A for 1st Avenue from 60th Street to 65th Street; Water District No. 2004-532 for 65th Street from 2nd Avenue east a distance of 1,058 feet; Sewer District No. 2004-472 for 60th Street from 2nd Avenue to 1st Avenue; Sewer District No. 2004-473A for 1st Avenue from 60th Street to 65th Street; Sewer District No. 2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet and approve Resolution No. 2007-88. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-88

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA:

            Section 1.  The President and Council find and determine that the street in Paving Improvement District Nos. 2004-881, 2004-882A, 2004-883 have been improved by paving, curbing and guttering and incidental work, that none of the properties listed, which list is marked Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said improvements and the total amount of said special assessments does not exceed the costs of said improvements exclusive of the cost of the intersections and areas formed by the crossing of streets, avenues and alleys as heretofore determined by the Mayor and City Council.

            Section 2.  That the water mains heretofore ordered installed in Water District Nos. 2004-530, 2004-531A, 2004-532 have been installed, together with all incidental work thereto by the City Utilities Department, and that none of the properties listed, which is marked “Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said water mains and the total amount of said special assessments does not exceed the costs of said improvements as heretofore determined by the Mayor and City Council.

            Section 3.  That the sewer mains heretofore ordered installed in Sewer District Nos. 2004-472, 2004-473A, 2004-474 have been installed, together with all incidental work thereto by the City Utilities Department, and that none of the properties listed, which is marked “Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said sewer mains and the total amount of said special assessments does not exceed the costs of said improvements as heretofore determined by the Mayor and City Council.

            Section 4.  Notice of the time and purpose of hearing on special assessments for equalizing said special assessments has been published as provided by law in the Kearney Hub, and a copy of said notice mailed by certified mail to each party known to have a direct legal interest therein.

            Section 5.  That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground.  Said assessments for Paving Improvement District Nos. 2004-881, 2004-882A, 2004-883 shall become delinquent as follows:

            1/10th fifty days after date of this Resolution

            1/10th one year after date of this Resolution

            1/10th two years after date of this Resolution

            1/10th three years after date of this Resolution

            1/10th four years after date of this Resolution

            1/10th five years after date of this Resolution

            1/10th six years after date of this Resolution

            1/10th seven years after date of this Resolution

            1/10th eight years after date of this Resolution

            1/10th nine years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of seven per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

            Section 6.  That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground.  Said assessments for Water District Nos. 2004-530, 2004-531A, 2004-532 shall become delinquent as follows:

            1/5th fifty days after date of this Resolution

            1/5th one year after date of this Resolution

            1/5th two years after date of this Resolution

            1/5th three years after date of this Resolution

            1/5th four years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of seven per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

            Section 7.  That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground.  Said assessments for Sewer District Nos. 2004-472, 2004-473A, 2004-474 shall become delinquent as follows:

            1/5th fifty days after date of this Resolution

            1/5th one year after date of this Resolution

            1/5th two years after date of this Resolution

            1/5th three years after date of this Resolution

            1/5th four years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of seven per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

            PASSED AND APPROVED THIS 12TH DAY OF JUNE, 2007.

 

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

PANE BELLO LIQUOR LICENSE

 

Mayor Clouse opened the public hearing on the application submitted by SPRING CREEK BREAD CO., dba “Pane Bello” located at 5004 2nd Avenue for a Class I-76747 liquor license, to consider the application for Corporate Manager for Steven Boyer, and to consider approval of Resolution No. 2007-98.

 

Steven Boyer co-owner of Pane Bello presented this matter to the Council. They take very seriously all the responsibility that is involved with a liquor license. They have conducted some training sessions with their staff regarding serving liquor. They intend to follow through vigilantly with that upon roll out of the serving of alcohol. Although a Class I license allows them to serve spirits, they intend to serve only single serving beer and wine at the restaurant during operational hours except during their breakfast hours.  They are open until 10:00 at night. 

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve or recommend approval of the application submitted by SPRING CREEK BREAD CO., dba “Pane Bello” located at 5004 2nd Avenue for a Class I-76747 liquor license, the application for Corporate Manager for Steven Boyer, and approve Resolution No. 2007-98. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-98

 

            WHEREAS, SPRING CREEK BREAD CO., dba “Pane Bello” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class I-76747 (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License to do business at 5004 2nd Avenue, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, SPRING CREEK BREAD CO., dba “Pane Bello” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Steven Boyer; and

            WHEREAS, a hearing was held relating to said application on June 12, 2007.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class I-76747 (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License to SPRING CREEK BREAD CO., dba “Pane Bello” located at 5004 2nd Avenue, Kearney, Nebraska, and to approve the application for Corporate Manager of Steven Boyer.

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

            PASSED AND APPROVED THIS 12TH DAY OF JUNE, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

PERMANENT ROADWAY AND SIDEWALK EASEMENT – 11TH STREET AND 2ND AVENUE

 

Mayor Clouse opened the public hearing on the proposed acquisition of a Permanent Roadway and Sidewalk Easement granted to the City of Kearney for a tract of land being part of Lot 8, Greenview Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska, more particularly described as follows: beginning at the southwest corner of said Lot 8; thence in a northerly direction and on the west line of said Lot 8 a distance of 12.5 feet; thence in a southeasterly direction a distance of 16.47 feet to the south line of said Lot 8, said point being 11.0 feet easterly of the southwest corner; thence in a westerly direction and on said south line a distance of 11.0 feet to the place of beginning, containing 68.73 square feet, more or less, Buffalo County, Nebraska in connection with Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue and to consider approval of Resolution No. 2007-99.

 

Director of Public Works Rod Wiederspan presented this matter to the Council. He stated at the April 12, 2005 Council meeting the Council adopted the ordinance creating a paving improvement district for 11th Street from 1st Avenue to 7th Avenue. The improvements on 11th Street were identified as a priority and needed to be renovated.  Attached is the Permanent Roadway and Sidewalk Easement which has been granted to the City of Kearney by ASH, LLC.

 

Section 18-1775 of the Nebraska Revised Statute 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.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Clouse to close the hearing and approve the proposed acquisition of a Permanent Roadway and Sidewalk Easement granted to the City of Kearney for a tract of land being part of Lot 8, Greenview Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska, more particularly described as follows: beginning at the southwest corner of said Lot 8; thence in a northerly direction and on the west line of said Lot 8 a distance of 12.5 feet; thence in a southeasterly direction a distance of 16.47 feet to the south line of said Lot 8, said point being 11.0 feet easterly of the southwest corner; thence in a westerly direction and on said south line a distance of 11.0 feet to the place of beginning, containing 68.73 square feet, more or less, Buffalo County, Nebraska in connection with Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue and approve Resolution No. 2007-99. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-99

 

            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 a Permanent Roadway and Sidewalk Easement in connection with Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue; and

            WHEREAS, ASH, LLC, a Nebraska Limited Liability Company has granted to the City of Kearney, Nebraska a Permanent Roadway and Sidewalk Easement on the following tract of property: A tract of land being part of Lot 8, Greenview Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska, more particularly described as follows: beginning at the southwest corner of said Lot 8; thence in a northerly direction and on the west line of said Lot 8 a distance of 12.5 feet; thence in a southeasterly direction a distance of 16.47 feet to the south line of said Lot 8, said point being 11.0 feet easterly of the southwest corner; thence in a westerly direction and on said south line a distance of 11.0 feet to the place of beginning, containing 68.73 square feet, more or less, Buffalo County, Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Permanent Roadway and Sidewalk Easement granted by ASH, LLC, a Nebraska Limited Liability Company, to the City of Kearney be and are hereby approved and accepted.

            PASSED AND APPROVED THIS 12TH DAY OF JUNE, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

Mayor Clouse stated he would have to abstain from Subsection 9 since he is employed at Nebraska Public Power District.

 

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

 

9.         Approve the Agreement for Construction of Access Roadway between the City of Kearney and Nebraska Public Power District providing a new access into the Hilltop Substation on property described as the south 30 feet of the north 37 feet of Lot 1, Baker’s Subdivision to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2007-104.

 

RESOLUTION NO. 2007-104

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City Manager be and is hereby authorized and directed to execute the Agreement for Construction of Access Roadway on behalf of the City of Kearney.  The said Agreement, marked as Exhibit “A” is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 12TH DAY OF JUNE, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

Moved by Clouse seconded by Lammers that Subsections 1 through 8 and 10 through 14 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held May 22, 2007.

 

2.         Approve the following Claims: 7 Eleven $25.51 Smcs; AM Player $1,574.68 Smcs; Ace Hardware $303.13 Smcs; Adamson,B $270.06 Smcs; Advanced Auto Parts $34.15 Smcs; Adventureglass $7,374.00 Co; AFLAC $2,738.34 Ps; Agent Fee $40.00 Smcs; Agri Coop $22,365.64 Smcs; Alamar Uniforms $282.49 Smcs; Alltel $2,300.85 Smcs; Amazon $44.54 Smcs; Ambient Systems $1,327.58 Smcs; Amer Assn Airport $475.00 Smcs; Amer Electric $407.34 Smcs; APWA $150.00 Smcs; Amer Red Cross $40.00 Smcs; Amoco Oil $93.34 Smcs; Anderson Brothers $394.70 Smcs; Anderson,S $189.80 Smcs; APA Memberships $465.00 Smcs; Appliance Service Center $499.00 Smcs; Arneson,A $6.23 Smcs; Arrow Seed Co $264.50 Smcs; Ask Supply $1,752.07 Smcs; Auto Glass Center $585.88 Smcs; B4 Inc $3,665.00 Co; Baird Holm $2,590.00 Smcs; Baker & Taylor Books $3,727.81 Smcs; Bamford $60.00 Smcs; Batterydepotcom $42.74 Smcs; Baye,S $45.98 Smcs; Baymont Inn & Suites $145.50 Smcs; Best Lock $647.44 Smcs; Bestseller Audio $140.00 Smcs; Big O Tires $196.60 Smcs; Bill's Trailer Sales $125.00 Smcs; Blessing $163,689.45 Co; Blevins,D $70.00 Co; Bluecross Blueshield $36,720.49 Smcs; Bobs Super Store $3.65 Smcs; Bookmark $193.30 Smcs; Bosselman $44,441.87 Smcs; Bowman,R $75.00 Smcs; Broadfoot's Sand $245.00 Smcs; Brown,A $145.99 Smcs; Bryan Rock Products $1,678.76 Smcs; Bryan,C $25.00 Smcs; Buckle $198.00 Smcs; Buffalo Co Court $163.32 Ps; Buffalo Co Reg Deeds $84.50 Smcs; Buffalo Co Treasurer $19,022.50 smcs,co; Builders Warehouse $1,160.62 smcs,co; Calhoun Communications $2,010.85 Co; Cappers $18.95 Smcs; Cardinal Health $47.08 Smcs; Cart Parts $392.29 Smcs; Caseys General Store $28.49 Co; CED Enterprise Electric $164.06 Smcs; Centaur Enterprises $11.55 Smcs; Central Contracting $46,051.20 Co; Central Hydraulic System $1,377.44 Smcs; Central NE Bobcat $780.00 Smcs; Central States Industrial $740.83 Smcs; CHAD $10.00 Ps; Charlesworth & Associates $806.25 Smcs; Charter $54.99 Smcs; City of Ky $191,276.28 smcs,ps; Clark,S $25.00 Smcs; Click-N-Ship $4.05 Smcs; Cold Spring Granite $164.70 Smcs; College Savings Plan of NE $150.00 Ps; CO Fire Mechanic $700.00 Smcs; Conseco Life Ins $24.00 Ps; Construction Rental $393.52 Smcs; Cook,J $401.20 Smcs; Cooperative Producers $234.00 Smcs; Copycat Printing $42.10 Smcs; Corey's Complete Detailing $60.00 Smcs; Corner Store $48.00 Smcs; Cornhusker Cleaning $32.13 Smcs; Country Estate $9.22 Smcs; Cracker Barrel $47.75 Co; Crocker & Co $58.50 Smcs; Crossroads Ford $263.84 Smcs; Culligan $444.10 Smcs; Cummins Central Power $1,454.67 Smcs; CVI $77.50 Smcs; D&D Industries $232.75 Smcs; D&S lighting $107.37 Smcs; DANKO Emergency $98.00 Smcs; Dawson Co PPD $101,249.30 Co; Day,D $1,623.00 Smcs; Decatur Electronics $8,170.00 Co; Deitloff,D $30.76 Smcs; Dell $13,824.88 smcs,co; Dept of Treasury $49.01 Ps; Depository Trust Co $1,174,633.75 Ds; Diamond Vogel $31.28 Smcs; Docks Unlimited $7,908.00 Co; Dollar General $36.00 smcs,co; DPC Industries $4,446.95 Smcs; Dutton-Lainson $268.57 smcs,co; Eagle Dental $31.00 Smcs; Eakes $7,339.28 smcs,co; EDM Equipment $727.19 Smcs; Eileens Cookies $10.75 Co; Einsphar,K $476.00 Smcs; Eirich,T $50.00 Smcs; Electric Pump $3,385.83 smcs,co; Electrotechnics $1,556.05 Smcs; Elger,S $10.03 Smcs; Ellenwood,C $40.00 Smcs; Elliott Equipment $72,682.86 smcs,co; Endpoint Graphics $503.00 Smcs; Evers,J $14.52 Smcs; Expedia $20.00 Smcs; Eynetich,P $3.00 Smcs; Fairbanks $3,629.45 Smcs; Farmers Union Coop $41.52 Smcs; Fast Mart $274.06 smcs,co; Fastenal $246.20 Smcs; Fedex $127.13 Smcs; Fiddelke Heating $877.83 Smcs; Fireguard $7,967.86 smcs,co; Flags Over America $60.00 Smcs; Frontier $9,235.43 Smcs; Frontierair $420.81 Smcs; Galls $781.26 Smcs; Gangwish Turf $102.33 Smcs; Garrett Tires $5,182.80 Smcs; Gatewayexpress $19.36 Smcs; Gealys Greenhouse $2,777.33 smcs,co; Gempler $91.80 Smcs; Genealogicalcom $112.90 Smcs; General Traffic Controls $211.70 Smcs; Giffin,A $55.00 Smcs; Golfsmith Int'l $99.23 Smcs; Gooch Brake $807.89 Smcs; Gordons Small Engine $250.32 Smcs; Graham,A $95.00 Smcs; Grainger $1,364.59 Smcs; Grand Central IGA $71.02 Smcs; Granite City $36.30 Smcs; Great Amer Outdoor $116.53 Smcs; Great Lakes Golf Course $1,520.50 Co; Great Plains Safety $355.00 Smcs; Guideposts $16.94 Smcs; H&H Distributing $1,386.00 Smcs; Hach  $437.30 Smcs; Harbor Freight $108.93 Smcs; Hatten Electric $170.00 Smcs; Hauppauge Computer $58.49 Smcs; Hayden,S $50.00 Smcs; Hays,J $250.00 Co; HD Supply $1,408.54 Smcs; Heart Rate $39.90 Ps; Hickory Park Restaurant $35.22 Smcs; Hilton Hotels $1,144.25 Smcs; Hobby-Lobby $25.57 Smcs; Hoehner Turf $506.75 Smcs; Hoffman,B $4.14 Smcs; Holguin,N $25.00 Smcs; Holmes Plumbing $1,142.99 Smcs; Hometown Leasing $552.54 Smcs; Hotsy Equipment $102.18 Smcs; HTE User's Group $1,975.00 Smcs; Hydrologic $821.94 smcs,co; ICMA RC $5,621.79 Ps; Infinisource $149.00 Smcs; IRS $197,514.36 Ps; Intoximeters $173.50 Smcs; Jack Lederman $119.17 Smcs; James,D $1,067.22 Smcs; Johnson,J $100.00 Smcs; Johnson,S $50.00 Smcs; Jump Stop $54.50 Smcs; Jump-A-Roo $200.00 Smcs; K&K Parts $579.97 Smcs; Ky Centre Vac $20.00 Smcs; Ky Crete & Block $998.75 smcs,co; Ky Glass $185.00 Smcs; Ky Hub $1,957.07 smcs,co; Ky Implement $444.64 Smcs; Ky Orthopedic $230.00 Smcs; Ky United Way $558.00 Ps; Ky Visitors Bureau $24,308.96 Smcs; Ky Warehouse $79.40 Smcs; Ky Winlectric $621.50 Smcs; Ky Winnelson $155.16 Smcs; Ky Yamaha $640.29 Smcs; Kelley Tree Service $6,753.00 Smcs; Kelly Electric $2,150.00 Smcs; Kelly Supply $49.09 Smcs; Keough,J $401.20 Smcs; KGFW-AM $25.00 Smcs; Kluthe,T $25.00 Smcs; Kmart $39.99 Smcs; Koerner,J $24.00 Smcs; Konica Minolta $83.09 Smcs; Kooyman,R $200.00 Ps; Kowalek,G $592.87 Smcs; Kowaleski,E $1,450.00 Co; Kum & Go $55.02 Smcs; Laughlin,K $360.00 Ps; League of NE Municipalities $541.00 Smcs; Linweld $146.49 Smcs; Lister,M $9.78 Smcs; Lock and Safe $100.00 Smcs; Lockmobile $217.41 smcs,co; Longfellow,J $30.00 Smcs; LPRB $2,910.00 Co; Magic Cleaning $250.00 Smcs; Marlatt Machine Shop $5,687.06 Smcs; Maryland Brand Mgmt $642.45 Smcs; McLaughlin,P $217.50 Smcs; Menards $2,063.62 Smcs; Metlife $5,471.65 Ps; Micro Marketing $244.47 Smcs; Mid Amer Specialties $301.47 Smcs; Mid-America Pump $7,205.28 Smcs; Midwest Laboratories $1,595.00 Smcs; Midwest Service $1,604.00 Smcs; Miller & Associates $11,500.00 smcs,co; Miller Signs $572.50 Smcs; Mintling,R $1,400.00 Co; Miracle Recreation $653.49 Co; Misko Sports $66.00 Smcs; Morgan,M $383.80 Smcs; Mosbarger,B $200.00 Ps; Mr Automotive $2,976.36 Smcs; MSC Ky $17.99 Smcs; Municipal Emergency $417.16 Smcs; Musil,J $401.20 Smcs; Napa $1,290.45 Smcs; Nathan's Curb Grinding $495.00 Co; NCS Equipment $14.80 Smcs; NE Child Support $4,531.00 Ps; NE Dept of Revenue $57,873.10 smcs,ps; NE DMV $6.50 Co; NE Law Enforcement $120.00 Smcs; NE Machinery $243.31 Smcs; NE Truck Center $154.84 Smcs; NEland Distributors $1,332.00 Smcs; Neweggcom $317.81 Smcs; Newman Signs $237.13 Smcs; Northgate Vet $88.00 Smcs; Northwest Electric $789.50 Smcs; Northwestern Energy $2,090.30 Smcs; NOVA Fitness $204.00 Smcs; Novus $106.50 Smcs; Oceans Systems $995.00 Smcs; Office Depot $153.80 Smcs; Office Max $569.27 smcs,co; Officenet $1,404.81 smcs,co; Ohri,R $58.50 Smcs; OMB Express Police $46.98 Smcs; Orb $347.16 Smcs; O'Reilly Auto $685.23 Smcs; Orscheln $1,603.68 smcs,co; Otto Environmental $20,848.80 Smcs; Overhead Door $30.96 Smcs; Palace Station $59.95 Smcs; Paramount Linen $230.18 Smcs; Patterson,B $401.20 Smcs; Paulsen $225,057.06 Co; Payflex Systems $463.25 Ps; Peterson,B $30.00 Smcs; Petro of York $41.50 Smcs; Platte Valley Comm $1,883.21 smcs,co; Polk Directories $330.10 Smcs; Presto-X $78.00 Smcs; QPR $1,295.84 Smcs; QT 566 $34.06 Smcs; Quill $249.42 Smcs; Quinn,J $150.00 Smcs; Raasch Ins $61.02 Smcs; Radio Shack $42.69 Smcs; Rainbow Group $2,906.00 Smcs; Random House $103.20 Smcs; Ready Mixed Concrete $972.00 Co; Reams Sprinkler $326.37 Smcs; Recorded Books $690.38 Smcs; Recreonics $368.87 Smcs; Red Willow $2,030.00 Smcs; Redman's Shoes $20.00 Smcs; Riddle,J $30.00 Smcs; Roper's Radiator $35.00 Smcs; Russells Appliance $188.95 Smcs; Sahling Kenworth $85.13 Smcs; Salter,J $58.50 Smcs; Sargent Drilling $104,473.14 Co; Schnitzer,S $250.00 Smcs; Schroer,H $7.02 Smcs; See Clear Cleaning $1,400.00 Smcs; Seminole Construction $19.18 Smcs; Sesna,D $247.50 Smcs; Setcom Corp $4,352.00 Smcs; Sherwin Williams $134.48 Smcs; Sid Dillion Wahoo $16,997.77 Co; Sign Center $120.00 Smcs; Sirchie $160.12 Smcs; Softchoice $7,573.06 smcs,co; Solid Rock $305.71 Smcs; Solid Waste Agency $59,304.83 Smcs; Sorkness,C $350.00 Smcs; Spaghetti Shop $300.00 Smcs; Sports Turf Managers $110.00 Smcs; Sprinklers Warehouse $913.00 Co; SSG*BSN $65.14 Smcs; Stagecoach $35.31 Smcs; St Fire Marshal Training $100.00 Smcs; St of NE/DAS Comm $19.25 Smcs; St of NE/HHS Lab $668.00 Smcs; Steinbrinks Landscaping $1,113.00 Smcs; Sterling West $519.00 Smcs; Sun Life Financial $22,105.17 Smcs; Sunmart $10.90 Smcs; Sutphen Corp $476.00 Smcs; Sydow,J $115.00 Smcs; Tacnologies $4,769.00 Smcs; Target $223.80 smcs,co; Theis,J $102.19 Smcs; Thome,B $367.92 Smcs; Thompson,L $120.00 Smcs; Thomson Gale $43.43 Smcs; Tigerdirect $117.72 Smcs; Tractor-Supply $865.02 Smcs; Trembly,M $65.37 Smcs; Tri City Outdoor $1,142.72 smcs,co; Tye & Rademacher $10,190.37 Smcs; UAP $424.20 Smcs; Ultra-Chem $410.51 Smcs; Underhill Int'l $270.20 Smcs; Unique Management $2,267.12 Smcs; United Air $1,222.20 Smcs; UPS $16.68 Smcs; USA Blue Book $545.81 Smcs; USPS $113.70 Smcs; Van Diest Supply $1,943.82 Smcs; Vericom Computers $2,246.00 Co; Vessco $1,361.60 Smcs; Village Uniform $306.53 Smcs; Wahoo 1 Stop $44.59 Smcs; Wal-mart $591.07 smcs,co; Warren-T Cleaners $178.50 Smcs; Warrington,D $58.50 Smcs; Webce $59.20 Smcs; Wellness Works $250.00 Ps; West Payment Center $1,104.81 Smcs; Whalen,J $75.00 Smcs; Wicks Sterling Truck $32.77 Smcs; Wilke Donovans $1,096.13 Smcs; Wilkins Hinrichs Stober $18,185.41 Co; Williams,M $151.32 Smcs; Wilson,K $9.65 Smcs; Woodside,M $401.20 Smcs; World of Windows $48.32 Smcs; Yandas Music $19.25 Smcs; Zimmerman Printers $1,012.00 Smcs; Payroll Ending 5-26-2007 -- $305,006.89.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve the application for a Special Designated License submitted by the Kearney Event Center in connection with their Class CK-66275 catering liquor license to dispense beer, wine and distilled spirits in an enclosed fenced area in front of the arena in the parking lot of the Kearney Event Center, 609 Platte Road, for a temporary beer garden on July 3, 2007 (alternate date is July 4, 2007) from 5:00 p.m. until 1:00 a.m. for the July 4th Celebration.

 

4.         Approve the application for a Special Designated License submitted by JOHN P. RICHARDS, dba “Play Pen Lounge” in connection with their Class C-22144 liquor license to dispense beer, wine and distilled spirits at the Great Platte River Road Archway located at 3060 East 1st Street on August 4, 2007 from 4:00 p.m. until 1:00 a.m. for a wedding reception.

 

5.         Approve Resolution No. 2007-100 appointing Reverend Doug Shada to fulfill the term of C.J. Willis on the Kearney Housing Agency.

 

RESOLUTION NO. 2007-100

 

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

            WHEREAS, a vacancy currently exists on the Kearney Housing Agency that needs to be filled immediately.

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

KEARNEY HOUSING AGENCY

Doug Shada appointed to fulfill the term of C.J. Willis to July 31, 2011

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

            PASSED AND APPROVED THIS 12TH DAY OF JUNE, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

6.         Accept the Warranty Deed granted to the City of Kearney by HMC Investments in connection with the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2007-101.

 

RESOLUTION NO. 2007-101

 

            WHEREAS, City Council authorized the City Manager and City Attorney to acquire a tract of property described as follows: a tract of land being part of the east 106.5 feet of Lot 2, “Northridge Addition”, an addition to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: beginning at the northeast corner of Lot 2, said point being on the south line of 39th Street, a street in the City of Kearney; thence westerly on the south line of said 39th Street a distance of 106.5 feet; thence southerly parallel with the east line of said Lot 2 a distance of 12.0 feet; thence easterly and parallel with the south line of said 39th Street a distance of 106.5 feet; thence deflecting right 06°51’ a distance of 5.3 feet to a point on the west line of “A” Avenue, an avenue in the City of Kearney; thence northerly on said west line of “A” Avenue a distance of 13.62 feet to the point of beginning, containing 1,282 Sq. Ft. (0.029 Acres) more or less, all located in Buffalo County, Nebraska.

            WHEREAS, HMC Investments has granted to the City of Kearney a Warranty Deed for a tract of land being part of the east 106.5 feet of Lot 2, Northridge Addition, an addition to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: beginning at the northeast corner of Lot 2, said point being on the south line of 39th Street, a street in the City of Kearney; thence westerly on the south line of said 39th Street a distance of 106.5 feet; thence southerly parallel with the east line of said Lot 2 a distance of 12.0 feet; thence easterly and parallel with the south line of said 39th Street a distance of 106.5 feet; thence deflecting right 06°51’ a distance of 5.3 feet to a point on the west line of “A” Avenue, an avenue in the City of Kearney; thence northerly on said west line of “A” Avenue a distance of 13.62 feet to the point of beginning, containing 1,282 Sq. Ft. (0.029 Acres) more or less, all located in Buffalo County, Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Warranty Deed be and is hereby accepted.

            PASSED AND APPROVED THIS 12TH DAY OF JUNE, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

7.         Accept the Warranty Deed granted to the City of Kearney by Michael and Jody Heeney in connection with the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2007-102.

 

RESOLUTION NO. 2007-102

 

            WHEREAS, City Council authorized the City Manager and City Attorney to acquire a tract of property described as follows: a tract of land being that part of Lot 2, Northridge Addition, an addition to the City of Kearney, Buffalo County, Nebraska lying west of the east 106.5 feet of said Lot 2 and more particularly described as follows: beginning at the northwest corner of Lot 2, said point being on the south line of 39th Street, a street in the City of Kearney; thence easterly on the south line of said 39th Street a distance of 99.5 feet to a point 106.5 feet west of the northeast corner of Lot 2; thence southerly parallel with and 106.5 feet westerly of the east line of said Lot 2 a distance of 12.0 feet; thence westerly parallel with and 12.0 feet southerly on the south line of said 39th Street a distance of 12.0 feet; thence deflecting right 06°15” a distance of 88.11 feet to a point on the west line of said Lot 2, said point being 1.48 feet southerly of the northwest corner of said Lot 2 a distance of 1.48 feet to the point of beginning, containing 733 Sq. Ft. (0.017 Acres) more or less, all located in Buffalo County, Nebraska.

            WHEREAS, Michael J. Heeney and Jody L. Heeney, husband and wife, have granted to the City of Kearney a Warranty Deed for a tract of land being that part of Lot 2, Northridge Addition, an addition to the City of Kearney, Buffalo County, Nebraska lying west of the east 106.5 feet of said Lot 2 and more particularly described as follows: beginning at the northwest corner of Lot 2, said point being on the south line of 39th Street, a street in the City of Kearney; thence easterly on the south line of said 39th Street a distance of 99.5 feet to a point 106.5 feet west of the northeast corner of Lot 2; thence southerly parallel with and 106.5 feet westerly of the east line of said Lot 2 a distance of 12.0 feet; thence westerly parallel with and 12.0 feet southerly on the south line of said 39th Street a distance of 12.0 feet; thence deflecting right 06°15” a distance of 88.11 feet to a point on the west line of said Lot 2, said point being 1.48 feet southerly of the northwest corner of said Lot 2 a distance of 1.48 feet to the point of beginning, containing 733 Sq. Ft. (0.017 Acres) more or less, all located in Buffalo County, Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Warranty Deed be and is hereby accepted.

 

            PASSED AND APPROVED THIS 12TH DAY OF JUNE, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

8.         Accept the Warranty Deed granted to the City of Kearney by D-R-G-T Limited Partnership in connection with the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2007-103.

 

RESOLUTION NO. 2007-103

 

            WHEREAS, City Council authorized the City Manager and City Attorney to acquire a tract of property described as follows: a tract of land being the north 7.0 feet of Lot 1, Baker’s Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: beginning at the northeast corner of Lot 1, said point being on the south line of 39th Street, a street in the City of Kearney; thence westerly on the south line of said 39th Street a distance of 124.0 feet; thence southerly on the west line of said Lot 1 a distance of 7.0 feet; thence easterly and parallel with the south line of said 39th Street a distance of 124.0 feet to a point on the west line of Central Avenue, an avenue in the City of Kearney; thence northerly on the west line of said Central Avenue a distance of 7.0 feet to the point of beginning, containing 868 Sq. Ft. (0.02 Acres), more or less, all located in Buffalo County, Nebraska.

            WHEREAS, D-R-G-T Limited Partnership, a Nebraska Limited Partnership, has granted to the City of Kearney a Warranty Deed for a tract of land being the north 7.0 feet of Lot 1, Baker’s Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: beginning at the northeast corner of Lot 1, said point being on the south line of 39th Street, a street in the City of Kearney; thence westerly on the south line of said 39th Street a distance of 124.0 feet; thence southerly on the west line of said Lot 1 a distance of 7.0 feet; thence easterly and parallel with the south line of said 39th Street a distance of 124.0 feet to a point on the west line of Central Avenue, an avenue in the City of Kearney; thence northerly on the west line of said Central Avenue a distance of 7.0 feet to the point of beginning, containing 868 Sq. Ft. (0.02 Acres), more or less, all located in Buffalo County, Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Warranty Deed be and is hereby accepted.

            PASSED AND APPROVED THIS 12TH DAY OF JUNE, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

10.        Approve the request from the Police Department to the temporarily close Avenue B from Railroad Street to a half block north on July 7, 2007 from 8:00 a.m. until 5:00 p.m. for the annual auction.

 

11.        Approve the recommendation from the Building Official on the annual renewal of the following manufactured home court licenses until May 31, 2008: Schnase Trailer Court, 1284 62nd Avenue; and Westside Trailer Court, 1282 62nd Avenue.

 

12.        Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and DT Development, Inc. for the installation of paving, water and sewer improvements for Spruce Hollow Estates Addition and Spruce Hollow Estates Second Addition and approve Resolution No. 2007-105.

 

RESOLUTION NO. 2007-105

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA that the agreement entitled “Developer Constructed Infrastructure Agreement” between the City of Kearney and DT Development, Inc., a Nebraska Corporation, for the construction of paving, water, sanitary sewer, and storm sewer improvements for Spruce Hollow Estates Addition and Spruce Hollow Estates Second Addition to the City of Kearney, Buffalo County, Nebraska be and is hereby accepted and approved. The Agreement, marked as Exhibit 1 is attached hereto, negotiated with Jeffrey Orr, authorized attorney for DT Development, Inc., to construct paving, water, sanitary sewer, and storm sewer improvements as stated above.

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

            PASSED AND APPROVED THIS 12TH DAY OF JUNE, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

13.        Approve the Real Estate Conveyance Agreement between the City of Kearney and Central Platte Natural Resources District for a tract of land being part of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska for utilization as a retention cell for water runoff and approve Resolution No. 2007-106.

 

RESOLUTION NO. 2007-106

 

            WHEREAS, during the course of constructing the Kearney Northeast Flood Control Project, the Central Platte Natural Resources District acquired certain real estate in fee title for utilization as a retention cell for water runoff; and

            WHEREAS, the City of Kearney has requested that title to such real estate being utilized for runoff retention purposes be conveyed to the City by Central Platte Natural Resources District; and

            WHEREAS, acquiring said real estates will allow the City to use it for any purpose that does not interfere with the floodway; and

            WHEREAS, Central Platte Natural Resources District is willing to convey said property to the City subject to restrictions set forth in the Real Estate Conveyance Agreement, marked as Exhibit “A”, is 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, that the Mayor be and is hereby authorized and directed to executed the said Real Estate Conveyance Agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 12TH DAY OF JUNE, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

14.        Approve the amended Agreement for Services between the City of Kearney, Nebraska, County of Buffalo, Nebraska, and the Buffalo County Economic Development Corporation and approve Resolution No. 2007-107.

 

RESOLUTION NO. 2007-107

 

            WHEREAS, the City of Kearney, Nebraska, the County of Buffalo, Nebraska, and the Buffalo County Economic Development Corporation desire to enter into an agreement for the purpose of promoting economic development in the City of Kearney, Nebraska and its immediate business, industrial and manufacturing environments; and

            WHEREAS, the City Council passed and approved Resolution No. 2007-41 approving said “Agreement for Services”; and

            WHEREAS, in reviewing the Agreement for Services, the Buffalo County Attorney wanted to amend the agreement.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement for Services on behalf of the City of Kearney. A copy of said Agreement is attached hereto and made a part hereof by reference.

            BE IT FURTHER RESOLVED that Resolution No. 2007-41 be and is hereby repealed in its entirety.

            PASSED AND APPROVED THIS 12TH DAY OF JUNE, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7357 – PAVING DISTRICT NO. 2007-918

 

Central Avenue from Railroad Street to 18th Street has been identified as a project that needs to be addressed.  The business owners along this 2-block area have expressed concerns about the high curbs, condition of the sidewalks and the streets in need of repair.  Chapter 16 of the Nebraska Revised Statutes spells out the rules by which paving, water, and sewer districts may be created in public entities.  Basically, the Council has the power to create districts and make improvements and assess the costs to the property which is benefited by the improvements.

 

According to the City’s paving assessment policy, Central Avenue is considered a “collector” street and the property owners would have to pay fifty percent of the cost of the improvements.  It should be noted that funds from the CRA will be applied to the total cost of the project. The project listed above has been included in the 2007-2008 Capital Improvement Projects for the 2007 construction season but may not be completed until 2008.

 

Council Member Lammers introduced Ordinance No. 7357, being Subsection 1 of Agenda Item V to create Paving Improvement District No. 2007-918 for Central Avenue from Railroad Street to 18th Street, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Lear 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, Kearney, Buschkoetter, Lear, Lammers. 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. 7357 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7357 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7357 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7358 – AMEND CITY CODE TO ADOPT COMPREHENSIVE FEE SCHEDULE

 

Regular Agenda Items 1 and 2 were discussed together but voted on separately.

 

Director of Finance and Administration Wendell Wessels stated that in prior years, and at different times throughout the year, Administration has asked the City Council to approve various fees for services provided by all Departments of the City.  In order to streamline this process, and make it a part of the normal budget calendar, Administration would like to present a Comprehensive Fee Schedule to the City Council for approval once each year and prior to the completion and presentation of the proposed budget to the City Council.  The Comprehensive Fee Schedule includes the fee type by Department, the related resolution or code section that previously approved the fee, the previous effective date of the fee, the current fee, and the proposed fee.

 

All City Departments have reviewed and made recommendations to the fees for their respective Department.  The proposed fee changes will become effective on October 1, 2007.  Some fees will be reduced or eliminated, and some fees will increase if the schedule is approved by the City Council. The proposed changes to the various fees charged by the City of Kearney will be included in the 2007-2008 budget document.

 

Council member Lear stated he thought they had agreed last year that golf green fees would be considered at the end of each year prior to selling annual passes for the upcoming season.  Director of Finance stated that did make sense and noted there are no changes proposed as of October 1, 2007 for the fees at the golf course. 

 

Mayor Clouse asked if a comparability study on these fees was conducted to determine if Kearney is in line with other communities of our size and in the middle of the range.  City Manager stated on the major fees, we are considerably lower than some cities and a hair above others, such as on building permit fees.  There were other fees that had not been changed for several years that it was clear they needed to be changed.  The reason they are bringing it to the Council at this time, is to give 90 days minimum notice so that citizens can adapt.  There will be an implementation plan where they will sit down as a staff and look at ways to communicate these fees to all the affected parties.  They simplified many of the fees. Some of the licenses are going from one year renewals to two years, which will create less administrative work which is something the contractors were hoping to see. 

 

City Manager further stated that before he arrived there was a very controversial fee dealing with recreational fee of $1.00 for each person on a team league.  They have eliminated that fee since it cost more to manage than it brought in.  Some fees that were used once or twice a year were eliminated.  The storage fees for vehicles at the impound lot were significantly lower than any private contractor would charge.  Frankly, we want people to come and get their vehicle so the fees are kept low so people will come and get them.  So fees are interesting because sometimes they have unintentional consequences.  This will avoid doing a large increase at one time in the future and is a much better approach. 

 

Council member Lammers asked about the electrical fee for contractors which add to the cost of a construction.  City Manager stated there is flat rate based on value and it is a standard assumption. They did not make any major changes in that except increase them incrementally.  Some communities do not charge separate electrical fees, some put them in the building permit so you have to look at their total building permit fees.  It was discussed about doing that, but it was decided to wait another year before considering it.  With the incremental cost, you start to see some major changes when you get to a certain point.  They wanted to make sure to avoid a situation where a contractor is bidding a job and this change comes up without warning, and they get stuck.  That is the reason for the 90-day notice. 

 

Council Member Buschkoetter introduced Ordinance No. 7358, being Subsection 1 of Agenda Item VI to amend the following sections of the Kearney City Code to delete the fees from the Code and to establish a City of Kearney Comprehensive Fee Schedule: Sections 3-401, 3-506, 3-1101, 3-1102, 3-1103, 3-1206, 3-1405, 3-1816, 3-1817, 3-1818, 3-1819, 3-1820, 3-1821, 3-1822, 3-1823, 3-1824, 3-1825, 3-1826, 3-1827, 3-1828, 3-1830, 3-2001, 3-2101, 3-2304, 3-2502, 3-2503, 3-2603, 3-2867, 3-2907, 4-603, 4-605, 5-213, 5-224, 5-228, 5-604, 5-607, 7-301, 7-512, 7-515, 8-503, 8-927, 8-943, 8-1111, 9-301, 9-501, 9-719, 9-732, 9-916, 9-1035, 9-1043, 9-1044, 9-1049, 9-1210, 10-205, 10-208, 10-316, 10-318, 38-105, 38-107, 53-102, 53-103, 53-104, 59-103, 59-104, 59-108, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. 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. 7358 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7358 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7358 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.

 

ADOPT 2007-2008 COMPREHENSIVE FEE SCHEDULE

 

Mayor Clouse opened for discussion the adoption of the 2007-2008 Comprehensive Fee Schedule setting forth the fees for items and services to be provided by the City during the 2007-2008 year and to consider approval of Resolution No. 2007-108.

 

Moved by Kearney seconded by Lammers to the adopt the 2007-2008 Comprehensive Fee Schedule setting forth the fees for items and services to be provided by the City during the 2007-2008 year and approve Resolution No. 2007-108. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-108

 

            WHEREAS, the Mayor and City Council of the City of Kearney have established
fees for items and services provided to its citizens; and

            WHEREAS, said fees have been approved throughout the Kearney City Code and with the adoption of Resolution Nos. 99-152, 2002-100, 2002-101, 2002-250, 2003-48, 2004-19, 2006-24, and 2006-156; and

            WHEREAS, the Comprehensive Fee Schedule attached hereto as Exhibit "A" sets out the proposed fees for such items and services to be provided during the 2007-2008 fiscal year; and

            WHEREAS, it is recommended that such Comprehensive Fee Schedule be adopted.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Comprehensive Fee Schedule attached hereto as Exhibit "A" is hereby approved and adopted with an effective date of October 1, 2007.

            BE IT FURTHER RESOLVED that Resolution Nos. 99-152, 2002-100, 2002-101, 2002-250, 2003-48, 2004-19, 2006-24, and 2006-156 be and are hereby repealed in their entirety.

            PASSED AND APPROVED THIS 12TH DAY OF JUNE, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

TEMPORARY LICENSE – COUNTRYSIDE MOBILE PARK AND WOODRIVER VALLEY MOBILE HOME PARK

 

Mayor Clouse opened for discussion the issuance of a temporary 30-day (until July 1, 2007) Manufactured Home Court License to Countryside Mobile Park, Inc., 1920 15th Avenue and to Woodriver Valley Mobile Home Park, 865 West 78th Street due to non-compliance.

 

Each year all manufactured home courts are to be inspected to make certain they are in compliance with applicable rules and regulations of the City.  Manufactured home courts are required to apply to renew the court’s license by the first day of March each year with the license expiring on the first day of June.  The courts are inspected continuously for compliance during this time.  Dave Albright, the Building Official, has worked directly with all manufactured home court owners to insure the requirements are met. 

 

At the last Council meeting, the majority of the manufactured home courts were approved and two others, Schnase Trailer Court, 1284 62nd Avenue and Westside Trailer Court, 1282 62nd Avenue were approved tonight.  However, Countryside Mobile Park, 1920 15th Avenue and Woodriver Valley Mobile Home Park, 865 West 78th Street continue to have unresolved issues and have not corrected the deficiencies.

 

However, Woodriver Valley Mobile Home Park has corrected the deficiencies and the annual license will be issued. Countryside Mobile Park license expired May 31, and the owner of this court will need to ask the City Council to grant them a temporary 30-day license.

 

Mary Margaret Wing, manager of Cornhusker Mobile Park, stated she has managed the Cornhusker Mobile Park for the last 29 years.   She provided a letter stating her position what happened with the City’s inspection of the court.  She said that she will continue to do her best in resolving the issues that were brought forth in the City’s inspection during the next year.  She requested a 30-day temporary license.  She invited anyone from the City staff to tour the court and she would be happy to answer any questions.  She indicated that they recently have had four inspections.  The last one was a ride along with City Inspector Dave Albright which resulted in 63 violations on June 7th.  As a result, she has given all her tenants a 14-day eviction notice that they must correct the problems.  She listed each violation separately for each tenant and she has received phone calls and letters saying they don’t understand what is expected of them.  This has been an ongoing battle with tenants.

 

The scrub tree issue was one of the things on the violation list.  Ms. Wing stated the problem is volunteer trees lay down like a dandelion when you mow over them and pop back up when you are done.  She understands the problem with the scrub trees that grow up by the skirting, but since it is plastic it can easily get a hole in it if you use a weed-eater and get too close.  She has told tenants to buy ground kill, but there is a concern about that because it can also kill their flowers or grass.  It also becomes a financial problem because most of her tenants are lower income and try to do the best they can with the money they have. 

 

Mayor Clouse asked Director of Public Works Rod Wiederspan if other courts have similar problems, and have managed to resolve them.  Mr. Wiederspan stated numerous courts in Kearney have the same issues.  The others have been able to comply or bring them up to standards.  Ms. Wing had a lot of good ideas in the letter that she provided.  He went through this court on June 12th and they have made some improvements since the last time he went through.  He believed they are trying and he recommended giving the 30-day extension to allow more time to bring it up to standards. There has been a lot of stuff hauled out since the last time he was there.  Approximately 40-50 percent of the items on the list have been improved so they are making progress and a couple of trailers have been removed. 

 

Council member Kearney suggested the 30 days should begin as of the date of this Council meeting rather than July 1st as stated.  City Manager stated that would be up to the Council to decide.  The concern is that they do not have a legal license; their current license expired May 31. 

 

Ms. Wing stated that she believes she has a sanitary court. They have done a lot of improvements and are doing the very best they can in trying to educate the people about their responsibilities as tenants. The City could come by any given day of the year and would probably find some small violations which is part of her frustration. Most of the tenants don’t know the landlord/tenant law unless you are trying to evict them in the court process.

 

City Manager Michael Morgan stated that this court has trailers that have needed to be removed for months and others in need of permanent skirting and tires. Hopefully, the inspector would check those right off.  He pointed out they have had some very serious violations, such as pools not enclosed.  After another inspection is done in 30 days and if Ms. Wing disagrees with staff’s interpretation and documentation, then she has the option to come before the Council and express her disagreement that these things need to be done.  Although some of these things are major, they have made good progress in other areas.  He did agree that if these inspections were done a week apart, there would always be some small violations for which Ms. Wing would not be at fault as in any other neighborhood in Kearney.  The City does not go back into these courts during the year unless there is a complaint filed by someone.  There is a standard practice that once a year we do a court inspection and look at everything which is required under the current City Code. 

 

Lean Brandt stated that his father is the owner of the trailer court.  He would stand behind what Ms. Wing has been doing and is trying to do. He stated that last fall his father spent $9,700 having trees trimmed down there. After the ice storm he spent in excess of $7,900 having tree branches picked up. The last wind storm blew down a bunch more trees which cost another $3,500 to clean up. Last month his father spent $11,000 having all the streets patched and repaired in the court. His dad is trying to maintain the court and Ms. Wing has done an excellent job of managing the court going on 30 years. In the last 9 months, there have been six mobile homes that have gone to sheriff’s sales.  Nobody bid on them and the process is the titles go to the owner of the court.  His dad had to spend $2,000-$2,500 each to have them demolished and hauled out. He also spent $27,000 last year replacing a new water line in the trailer park. In order to help get things cleaned up, they pay for a City dumpster to be down there most of the time. Ms. Wing goes door to door frequently to encourage tenants to use the dumpster if they can’t get everything in their trash receptacle.

 

Mr. Brandt stated he understands the necessity of the yearly inspections to maintain mobile home parks, but there will be 60-90 items listed on each inspection. The first time Mr. Albright went through and the swimming pool issue was brought up, there was not a pool there.  Ms. Wing follows up with a re-inspection and almost all of those 60-90 problems areas are easily taken care of. It is not unusual that between times, two swimming pools pop up and another battery appears in somebody’s yard or somebody is re-skirting their trailer (with good intentions) but doesn’t get it done for a long time.  He believed what the City does is commendable, but he wanted the Council to know what they are up against in their situation. 

 

Moved by Lear seconded by Buschkoetter to approve issuing a temporary 30-day (until July 14, 2007) Manufactured Home Court License to Countryside Mobile Park, Inc. located at 1920 15th Avenue. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

CASEY’S GENERAL STORE 2717 – ADDITION/RECONSTRUCTION OF PREMISE

 

Mayor Clouse opened for discussion the Application for Addition to Premise/Reconstruction submitted by CASEY’S RETAIL COMPANY, dba “Casey’s General Store 2717” in connection with their Class B-71401 liquor license to renovate the building located at 705 2nd Avenue to include a kitchen area.

 

There was no representation.

 

Moved by Buschkoetter seconded by Clouse to table until June 26, 2007 the Application for Addition to Premise/Reconstruction submitted by CASEY’S RETAIL COMPANY, dba “Casey’s General Store 2717” in connection with their Class B-71401 liquor license to renovate the building located at 705 2nd Avenue to include a kitchen area. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

BOOGAARTS – MANAGER APPLICATION FOR LANCE HANDLEY

 

Mayor Clouse opened for discussion the Application for Corporate Manager of Lance Handley submitted by FOOD MART III, INC., dba “Boogaarts” in connection with their Class D-46140 liquor license.

 

Lance Handley, Store Director for Boogaarts, presented this matter to the Council. Their application is to change the license from the previous manager’s name.  Council member Lear complimented them on the improvements to the Boogaarts store which were recently completed. 

 

Moved by Clouse seconded by Kearney to approve the Application for Corporate Manager of Lance Handley submitted by FOOD MART III, INC., dba “Boogaarts” in connection with their Class D-46140 liquor license. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

OPEN ACCOUNT CLAIMS: PLATTE VALLEY STATE BANK - $81,143.57, NPPD - $2,400.00, SCHOOL DISTRICT #7 - $4,584.30

 

Moved by Kearney seconded by Lammers that Open Account Claims in the amount of $81,143.57 payable to Platte Valley State Bank, and in the amount of $2,400.00 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Kearney, Buschkoetter, Lammers. Nay: None. Clouse and Lear abstained. Motion carried.

 

Moved by Clouse seconded by Kearney that Open Account Claims in the amount of $4,584.30 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Clouse, Lear, Kearney. Nay: None. Buschkoetter and Lammers abstained. Motion carried.

 

VII.    REPORTS

 

CLOSED SESSION

 

Moved by Clouse seconded by Kearney that Council adjourn into closed session at 7:38 p.m. on June 12, 2007 for the protection of the public interest and specifically to discuss the salary adjustment and annual performance evaluation process of the City Manager. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Mayor Clouse restated the Council is going into closed session for the protection of the public interest and specifically to discuss the salary adjustment and annual performance evaluation process of the City Manager only.

 

Moved by Kearney seconded by Lammers that Council reconvene in regular session at 8:08 p.m. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Clouse that Council adjourn at 8:08 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