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Kearney, Nebraska

August 28, 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 August 28, 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, and Bob Lammers. Absent: Bruce Lear.  Michael Morgan, City Manager; Michael Tye, City Attorney; Julie Steffensmeier, Administrative Assistant; 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: JoAnn Lilly, Kent Lilly, Elaine Wiseman, Roger Jasnoch, Paul Younres, John Lowe, Lance Handley, Todd Schirmer, Jay Beckby, Jeremy Nore, Mike Konz from Kearney Hub, Sara Gibboney from Kearney Hub, 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

 

A representative from the Kearney Ministerial Association provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts John Sullivan and Daniel Gibbs 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 – OUTGOING BOARD MEMBERS

 

Mayor Clouse and Council Members recognized and presented a Service Award to the following outgoing board members: B.M. Stevenson, Airport Advisory Board; Randy Pallas, Downtown Improvement Board; Gary Hogg, Park & Recreation Advisory Board; and JoAnn Lilly, Planning Commission.

 

PRESENTATION BY ROGER JASNOCH – KEARNEY VISITORS BUREAU

 

Roger Jasnoch Director of the Kearney Visitors Bureau updated the Council concerning the Kearney Visitors Bureau. The City and the Visitors Bureau have been in partnership since 1996 when the occupation tax was first implemented. Kearney has grown to be the third largest destination in terms of conventions and special meetings.  Kearney has passed up North Platte and Grand Island in the past few years and the intent is not to give up our position. Some of our hospitality resources that have been expanded include non-profit attractions, and also hopefully some for profit businesses.  Attractions like the Archway and the Arena continue to make our tourism industry grow.  We also have additional attractions which include 1,500 sleeping rooms and over 50 restaurants. The future is not without competition because of our friends in Grand Island and North Platte, Lincoln and Omaha that continue to raise the bar. The fact that they keep business coming back each year will require more resources to get those conventions and special events time after time. 

 

Mr. Jasnoch gave an overview of their past and current budgets. 

 

 

 

 

 

 

KVB 06-07 Occ Tax

 

KVB 07-08 Occ Tax

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


The majority of printing goes towards the two color brochures distributed by the Visitors Bureau. Co-op advertising is done in connection with the State Tourism Office which is part of the Nebraska Fulfillment piece. The State buys a particular ad in a popular magazine and allows communities like Kearney to buy a discounted ad.  This year they estimate that the Archway is going to exceed about a 140 motor coaches that will stop during the year.  Many do not stay overnight, but persuading them to do so is the goal. Promotions include Internet, brochures distributed in 8-9 of the surrounding states and a conservative amount on Sandhill Crane advertising during the spring because people literally come from all over the world to see them.  They also do some professional directory advertising, as well as I-80 brochures. They advertise in their north central regional AAA handbook.  Conventions, in the past required them to do name tags and registrations, but recently the requests include speakers, programs, etc.  To meet those convention needs, more and more dollars are required.  To meet technology needs, they have tried to replace at least one work station each year.  Special projects and special events include the two national tournaments that were held at UNK last year.  They help with Mr. Basketball, Cruise Nite, and the Outdoor Expo with the Game and Parks Commission. They host several state competitions, district music, speech/ debate, Art in the Park plus many others during the year.   

 

There has been a reallocation in some areas of the new budget because of the commitment they made toward the Archway in terms of additional dollars earlier this year.  Convention funds were increased.  Under technology they are adding some software to better track their conventions, special events and motor coaches. They have about 700 different groups on their convention list right now.  They attract a several special events and track about 350-400 motor coaches.  They have made some commitment for the 4th Street project that was announced earlier this year which is also included in this year’s budget. They are doing some co-op marketing with the Event Center as part of an agreement with them on some different projects.  They have a reserve fund for things that are not budgeted for that come up during the year. 

 

Mayor Clouse stated the budget looked good. The fact that when they put this agreement together with the Visitors Bureau, including balancing the dollars that will come out of the occupation tax, provides for all the good things that help our community grow and thrive. 

 

Council member Buschkoetter, who serves as an ex-officio on the Board, stated that he thinks that the Visitors Bureau is a very important element of our community.  We are all aware of the importance of UNK and the hospital, but one of the major industries that our community has is visitation. Things like the hotel industry, restaurants, sports bars etc. draw people into our community which trickles down to many businesses that are not part of that tourism industry. It is important that the tax payers are aware that the City is keeping an eye on the tax money coming in and that this partnership is working.  It has been a learning curve for him since he has been on the board for the past several months. They are heading in the right direction and the increased involvement between the Visitors Bureau and the City is a good thing for our community as a whole.  He has found that not everything they try works, but it is important to keep trying new things.  He found they have a challenge keeping convention business and tourism dollars. 

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

BOOGAARTS LIQUOR LICENSE APPLICATION

 

Mayor Clouse opened the public hearing on the Application for a Class C-78216 liquor license submitted by FOODMART III, INC., dba “Boogaarts” located at 1615 2nd Avenue, consider the application for Corporate Manager of Lance Handley, and to consider approval of Resolution No. 2007-164.

 

Lance Handley presented this matter to the Council.  They want to do a wine tasting in their store about once or twice a month. They want to promote the wine industry that recently has been added to their store. He and the liquor salesmen would be responsible for doing the tasting events. They have a sit down area to the right of their front door that was a section built for this purpose when they remodeled. The area is a somewhat isolated section. The store he worked for in Hastings did two or three of these special tastings a year. 

 

Mr. Handley stated he does the one-on-one training with all the new cashiers.  He does not have a big staff so it is easy to train the new cashiers.  Their policy is to ask for ID from everyone who buys alcohol.  Employees are provided with a read and sign policy for the store rules and consequences. The store has had a fairly good record of complying with all the rules.  The consequence for employees would be immediate termination if they sell to a minor. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lammers to close the hearing and recommend approval of the Application for a Class C-78216 liquor license submitted by FOODMART III, INC., dba “Boogaarts” located at 1615 2nd Avenue, consider the application for Corporate Manager of Lance Handley, and approve Resolution No. 2007-164. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.

 

RESOLUTION NO. 2007-164

 

            WHEREAS, FOODMART III, INC., dba “Boogaarts” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class C-78216 (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License to do business at 1615 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, FOODMART III, INC., dba “Boogaarts” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Lance Handley; and

            WHEREAS, a hearing was held relating to said application on August 28, 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 C-78216 (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License to FOODMART III, INC., dba “Boogaarts” located at 1615 2nd Avenue, Kearney, Nebraska, and to approve the application for Corporate Manager of Lance Handley.

            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 28TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

FANATICS LIQUOR LICENSE APPLICATION

 

Mayor Clouse opened the public hearing on the Application for a Class C-78257 liquor license submitted by SPORTS FANS, LLC., dba “Fanatics” located at 2021 Central Avenue, consider the application for Corporate Manager of Todd Schirmer, and to consider approval of Resolution No. 2007-165.

 

Todd Schirmer, 5112 Avenue I, presented this matter to the Council.  He and Jay Beckby are two of the three members of Sports Fans LCC doing business as Fanatics.  Mr. Schirmer stated that both of his other partners are currently operating other establishments.  Mr. Beckby has a bar in Hastings and also is a partner with their third partner, Scott Johnson, in Grand Island.  He has worked in the industry in various places over the years.  He has been trained in how to handle IDs and business management.  He has been in contact with the person from the TIPS Program and each employee will be required to complete that program.  On the busiest nights, they will have someone checking IDs at the door and bartenders will also be required to check them.  They have a policy of immediate termination for any employee found in violation. 

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Buschkoetter to close the hearing and recommend approval of the Application for a Class C-78257 liquor license submitted by SPORTS FANS, LLC., dba “Fanatics” located at 2021 Central Avenue, consider the application for Corporate Manager of Todd Schirmer, and approve Resolution No. 2007-165. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.

 

RESOLUTION NO. 2007-165

 

            WHEREAS, SPORTS FANS, LLC., dba “Fanatics” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class C-78257 (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License to do business at 2021 Central 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, SPORTS FANS, LLC., dba “Fanatics” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Todd Schirmer; and

            WHEREAS, a hearing was held relating to said application on August 28, 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 C-78257 (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License to SPORTS FANS, LLC., dba “Fanatics” located at 2021 Central Avenue, Kearney, Nebraska, and to approve the application for Corporate Manager of Todd Schirmer.

            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 28TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

PERMANENT AND TEMPORARY SANITARY SEWER EASEMENT – NORTH OF THE PROPOSED STONERIDGE ADDITIONS AND WEST OF BEL AIR ADDITION

 

Mayor Clouse opened the public hearing on the proposed acquisition of a Permanent and Temporary Sanitary Sewer Easement granted to the City of Kearney by TWL LLC on the following tracts of land: (1) PERMANENT EASEMENT – A 20.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the centerline of a 20.0 foot strip of land and on the west line of the City of Kearney and Central Platte Natural Resources District Detention Cell west boundary line; thence S84°05'24"W on said centerline a distance of 199.07 feet; thence N82°46'21"W on the aforesaid centerline a distance of 291.43 feet; thence N89°46'52"W on the aforesaid centerline a distance of 359.19 feet; thence N83°36'15"W on the aforesaid centerline a distance of 182.08 feet to the point of termination, said point being 1177.7 feet west of the southwest corner of said Lot 10 and 311.92 feet north of the south line of said Northeast Quarter; AND (2) PERMANENT EASEMENT – A 20.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet; thence N83°36'15"W a distance of 182.08 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the centerline of said 20.0 foot strip of land; thence S00°19'48"E on said centerline a distance of 311.92 feet to the point of termination, said point being on the south line of said Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot 10; AND (3) PERMANENT EASEMENT – A 20.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the centerline of said 20.0 foot strip of land; thence S00°02'47"W on said centerline a distance of 125.22 feet; thence S47°05'40" W on said centerline a distance of 244.44 feet to the point of termination, said point being on the south line of said Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot 10; AND (4) TEMPORARY CONSTRUCTION EASEMENT – An 80.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the West line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the centerline of said 80.0 foot strip of land and on the West line of the City of Kearney and Central Platte Natural Resources District Detention Cell west boundary line; thence S84°05'24"W on said centerline a distance of 199.07 feet; thence N82°46'21"W on the aforesaid centerline a distance of 291.43 feet; thence N89°46'52"W on the aforesaid centerline a distance of 359.19 feet; thence N83°36'15"W on the aforesaid centerline a distance of 182.08 feet to the point of termination, said point being 1177.7 feet west of the southwest corner of said Lot 10 and 311.92 feet north of the south line of said Northeast Quarter; AND (5) TEMPORARY CONSTRUCTION EASEMENT – An 80.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said West line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet; thence N83°36'15"W a distance of 182.08 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the centerline of said 80.0 foot strip of land; thence S00°19'48"E on said centerline a distance of 311.92 feet to the point of termination, said point being on the south line of said Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot 10; AND (6) TEMPORARY CONSTRUCTION EASEMENT – An 80.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the centerline of said 80.0 foot strip of land; thence S00°02'47"W on said centerline a distance of 125.22 feet; thence S47°05'40"W on said centerline a distance of 244.44 feet to the point of termination, said point being on the south line of said Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot 10, all located in Buffalo County, Nebraska and to consider approval of Resolution No. 2007-166.

 

Director of Utilities Kirk Stocker presented this matter to the Council. Staff is requesting the Council consider accepting a Permanent and Temporary Sanitary Sewer Easement from TWL L.L.C. for three tracts of land located north of the proposed Stoneridge Additions and west of Bel Air Addition. The City does not anticipate constructing the sanitary sewer at this time but wanted to acquire the easement so that the developer of the Stonerdige development does not build a sanitary sewer main under a proposed lake. Accepting the easement allows the Stoneridge development to continue to develop the property and the lake with the security of having an easement for a sanitary sewer main that will serve the remainder of the proposed development located on the west side of the proposed lake.

 

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 and Temporary Sanitary Sewer Easement granted to the City of Kearney by TWL LLC on the following tracts of land: (1) PERMANENT EASEMENT – A 20.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the centerline of a 20.0 foot strip of land and on the west line of the City of Kearney and Central Platte Natural Resources District Detention Cell west boundary line; thence S84°05'24"W on said centerline a distance of 199.07 feet; thence N82°46'21"W on the aforesaid centerline a distance of 291.43 feet; thence N89°46'52"W on the aforesaid centerline a distance of 359.19 feet; thence N83°36'15"W on the aforesaid centerline a distance of 182.08 feet to the point of termination, said point being 1177.7 feet west of the southwest corner of said Lot 10 and 311.92 feet north of the south line of said Northeast Quarter; AND (2) PERMANENT EASEMENT – A 20.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet; thence N83°36'15"W a distance of 182.08 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the centerline of said 20.0 foot strip of land; thence S00°19'48"E on said centerline a distance of 311.92 feet to the point of termination, said point being on the south line of said Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot 10; AND (3) PERMANENT EASEMENT – A 20.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the centerline of said 20.0 foot strip of land; thence S00°02'47"W on said centerline a distance of 125.22 feet; thence S47°05'40" W on said centerline a distance of 244.44 feet to the point of termination, said point being on the south line of said Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot 10; AND (4) TEMPORARY CONSTRUCTION EASEMENT – An 80.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the West line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the centerline of said 80.0 foot strip of land and on the West line of the City of Kearney and Central Platte Natural Resources District Detention Cell west boundary line; thence S84°05'24"W on said centerline a distance of 199.07 feet; thence N82°46'21"W on the aforesaid centerline a distance of 291.43 feet; thence N89°46'52"W on the aforesaid centerline a distance of 359.19 feet; thence N83°36'15"W on the aforesaid centerline a distance of 182.08 feet to the point of termination, said point being 1177.7 feet west of the southwest corner of said Lot 10 and 311.92 feet north of the south line of said Northeast Quarter; AND (5) TEMPORARY CONSTRUCTION EASEMENT – An 80.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said West line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet; thence N83°36'15"W a distance of 182.08 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the centerline of said 80.0 foot strip of land; thence S00°19'48"E on said centerline a distance of 311.92 feet to the point of termination, said point being on the south line of said Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot 10; AND (6) TEMPORARY CONSTRUCTION EASEMENT – An 80.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the centerline of said 80.0 foot strip of land; thence S00°02'47"W on said centerline a distance of 125.22 feet; thence S47°05'40"W on said centerline a distance of 244.44 feet to the point of termination, said point being on the south line of said Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot 10, all located in Buffalo County, Nebraska and approve Resolution No. 2007-166. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lammers. Nay: None. Lear absent. Motion carried.

 

RESOLUTION NO. 2007-166

 

            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 Permanent and Temporary Sanitary Sewer Easements; and

            WHEREAS, TWL L.L.C., a Nebraska Limited Liability Company, has granted to the City of Kearney, Nebraska, a Permanent and Temporary Construction Easements as follows:

TRACT 1 – PERMANENT EASEMENT

A 20.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the centerline of a 20.0 foot strip of land and on the west line of the City of Kearney and Central Platte Natural Resources District Detention Cell west boundary line; thence S84°05'24"W on said centerline a distance of 199.07 feet; thence N82°46'21"W on the aforesaid centerline a distance of 291.43 feet; thence N89°46'52"W on the aforesaid centerline a distance of 359.19 feet; thence N83°36'15"W on the aforesaid centerline a distance of 182.08 feet to the point of termination, said point being 1177.7 feet west of the southwest corner of said Lot 10 and 311.92 feet north of the south line of said Northeast Quarter, all in Buffalo County, Nebraska.

TRACT 2 – PERMANENT EASEMENT

A 20.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet; thence N83°36'15"W a distance of 182.08 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the centerline of said 20.0 foot strip of land; thence S00°19'48"E on said centerline a distance of 311.92 feet to the point of termination, said point being on the south line of said Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot 10, all located in Buffalo County, Nebraska.

TRACT 3 – PERMANENT EASEMENT

A 20.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the centerline of said 20.0 foot strip of land; thence S00°02'47"W on said centerline a distance of 125.22 feet; thence S47°05'40" W on said centerline a distance of 244.44 feet to the point of termination, said point being on the south line of said Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot 10, all located in Buffalo County, Nebraska.

TRACT 4 – TEMPORARY CONSTRUCTION EASEMENT

An 80.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the West line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the centerline of said 80.0 foot strip of land and on the West line of the City of Kearney and Central Platte Natural Resources District Detention Cell west boundary line; thence S84°05'24"W on said centerline a distance of 199.07 feet; thence N82°46'21"W on the aforesaid centerline a distance of 291.43 feet; thence N89°46'52"W on the aforesaid centerline a distance of 359.19 feet; thence N83°36'15"W on the aforesaid centerline a distance of 182.08 feet to the point of termination, said point being 1177.7 feet west of the southwest corner of said Lot 10 and 311.92 feet north of the south line of said Northeast Quarter, all located in Buffalo County, Nebraska.

TRACT 5 – TEMPORARY CONSTRUCTION EASEMENT

An 80.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said West line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet; thence N83°36'15"W a distance of 182.08 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the centerline of said 80.0 foot strip of land; thence S00°19'48"E on said centerline a distance of 311.92 feet to the point of termination, said point being on the south line of said Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot 10, all located in Buffalo County, Nebraska.

TRACT 6 – TEMPORARY CONSTRUCTION EASEMENT

An 80.0 foot strip of land being part of the South Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of Lot 10, Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska and assuming the west line of said Lot 10 as bearing S00°31'04"E and all bearings contained herein are relative thereto; thence S00°31'04"E on said west line a distance of 4.72 feet; thence S89°28'56"W a distance of 19.88 feet; thence N55°49'58"W a distance of 158.33 feet; thence S84°05'24"W a distance of 199.07 feet; thence N82°46'21"W a distance of 291.43 feet; thence N89°46'52"W a distance of 359.19 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the centerline of said 80.0 foot strip of land; thence S00°02'47"W on said centerline a distance of 125.22 feet; thence S47°05'40"W on said centerline a distance of 244.44 feet to the point of termination, said point being on the south line of said Northeast Quarter and 1177.7 feet west of the southwest corner of said Lot 10, all located in Buffalo County, Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Permanent and Temporary Construction Easements granted by TWL L.L.C., a Nebraska Limited Liability Company to the City of Kearney be and are hereby approved and accepted.

            PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

WASTEWATER TREATMENT PLANT ACQUISITION – ACHVIEW PROPERTY

 

Mayor Clouse opened the public hearing on the proposed acquisition of a tract of land being part of accretion abutting Government Lot 6 on the south and located in the Southeast Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northeast corner of Government Lot 7 in said Section 8 and assuming the east line of said Government Lot 7 as bearing S00°10”49”W and all bearings contained herein are relative thereto; thence S00°10’49”W and on said east line a distance of 849.57 feet; thence S82°52’34”W a distance of 1877.45 feet to the actual place of beginning; thence S82°52’34”W continuing on the aforesaid line a distance of 452.0 feet; thence S00°10’49”W parallel to said east line a distance of 637.23 feet to the centerline of the North Channel of the Platte River; thence N48°59’35”E on said centerline a distance of 21.56 feet; thence N42°06’13”E continuing on said centerline a distance of  95.81 feet; thence N66°20’07”E a distance of 32.48 feet; thence N85°11’36”E a distance of 160.63 feet; thence S87°30’32”E a distance of 178.5 feet; thence leaving said centerline N00°10”19”E parallel with said east line a distance of 598.32 feet to the place of  beginning, containing 5.88 acres, more or less, all located in Buffalo County, Nebraska and to consider approval of Resolution No. 2007-167.

 

Director of Utilities Kirk Stocker presented this matter to the Council. Staff is requesting the Council approve the Purchase Agreement for a tract of land being part of accretion abutting Government Lot 6 on the south and located in the Southeast Quarter of Section 8, Township 8 North, Range 15 West of the Sixth Principal Meridian, Buffalo County, Nebraska containing 5.88 acres more or less from Archview L.L.C.

 

The opportunity to purchase this property came about from the Cherry Avenue Bypass Corridor Study. The Federal Highway Administration desires to purchase Conservation Easements on various properties including the City Wastewater Treatment Plant and this property believing that this parcel belonged to the City because of the wastewater treatment plant bio-solids composting operation. The bio-solids composting is a contractual operation performed by the owner of this property.  If the Federal Highway Administration had purchased a conservation easement for this parcel from Archview L.L.C. it is possible that the easement would not have allowed the composting to continue in the future.  By purchasing the property the City insures that the composting operation or any future operation necessary for the Wastewater Treatment Plant can be conducted on the property. The acquisition originally included approximately 11 acres; the property was appraised at $30,800.00.  Archview L.L.C. has willingly agreed to sell the City 5.88 acres of the property for $17,640.00.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Kearney to close the hearing and approve the proposed acquisition of a tract of land being part of accretion abutting Government Lot 6 on the south and located in the Southeast Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northeast corner of Government Lot 7 in said Section 8 and assuming the east line of said Government Lot 7 as bearing S00°10”49”W and all bearings contained herein are relative thereto; thence S00°10’49”W and on said east line a distance of 849.57 feet; thence S82°52’34”W a distance of 1877.45 feet to the actual place of beginning; thence S82°52’34”W continuing on the aforesaid line a distance of 452.0 feet; thence S00°10’49”W parallel to said east line a distance of 637.23 feet to the centerline of the North Channel of the Platte River; thence N48°59’35”E on said centerline a distance of 21.56 feet; thence N42°06’13”E continuing on said centerline a distance of 95.81 feet; thence N66°20’07”E a distance of 32.48 feet; thence N85°11’36”E a distance of 160.63 feet; thence S87°30’32”E a distance of 178.5 feet; thence leaving said centerline N00°10”19”E parallel with said east line a distance of 598.32 feet to the place of  beginning, containing 5.88 acres, more or less, all located in Buffalo County, Nebraska and approve Resolution No. 2007-167. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. Motion carried.

 

RESOLUTION NO. 2007-167

 

            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 of a conservation easement in connection with the construction of the Cherry Avenue Interchange and voted in favor to proceed with the acquisition; and

            WHEREAS, the City Council of the City of Kearney, Nebraska has determined the necessity of acquiring fee simple title for a conservation easement, including any mortgage and leasehold interests on the following tracts of property:

            WHEREAS, the City Council finds and determines that it is necessary for the public health, safety and general interest and welfare of the citizens of Kearney that possession of the property interest as described above be acquired as soon as possible.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that:

            1.   The City Attorney and City Manager be, and hereby are, authorized on behalf of the City to complete negotiations for possession of and fee simple title to the property set forth above; and

            2.   If the acquisition and possession of such property is not possible through negotiations, the City Attorney be, and hereby is, directed to commence eminent domain proceedings on behalf of the City of Kearney to obtain title, acquisition, and possession of said property interests as soon as legally possible.

            BE IT FURTHER RESOLVED that the City Manager be and is hereby authorized and directed to execute the Real Estate Purchase Agreement on behalf of the City of Kearney with Archview, LLC, a Nebraska Limited Liability Company, a copy marked as Exhibit “A” is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

ACQUISITION OF CPNRD PROPERTY FOR KEARNEY NORTHEAST FLOOD CONTROL PROJECT

 

Mayor Clouse opened the public hearing on the proposed acquisition to continue effectiveness of the Kearney Northeast Flood Control Project of 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, more particularly described as follows: Referring to the southeast corner of the Northeast Quarter of said Section 24 and assuming the east line of said Northeast Quarter as bearing north and all bearings contained herein are relative thereto; thence north on the aforesaid east line a distance of 770.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing north on the aforedescribed course a distance of 232.16 feet; thence S89°59’W and parallel with the south line of the Northeast Quarter of said section a distance of 196.0 feet; thence N51°03’37”W a distance of 1864.08 feet to the point of curvature; thence on a 5754.58 foot radius curve to the left forming a central angle of 02°39’48” a distance of 267.5 feet; thence leaving said curve non-tangent S00°08’09”W parallel with and 785.0 feet easterly of the west line of said Northeast Quarter a distance of 1889.48 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 631.26 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 448.0 feet to a point on the south line of said Northeast Quarter; thence N89°59’E and on the aforesaid south line a distance of 150.0 feet; thence north parallel with the east line of said Northeast Quarter a distance of 530.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 731.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 240.0 feet; thence N89°59’E and parallel with the south line of said Northeast quarter a distance of 350.0 feet to the place of beginning.  Containing 46.921 acres, more or less, of which 0.176 acres, more or less, are presently being used for road purposes on the east side.  Subject to, however, a 60.0 foot strip of land which is to be reserved for future ingress-egress easement purposes with said 60.0 foot strip of land being more particularly described as follows:  Referring to the southeast corner of the Northeast Quarter of said Section 24; thence S89°59”W and on the south line of said Northeast Quarter a distance of 1081.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing S89°59’W and on the aforesaid south line a distance of 150.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 60.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 150.0 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 60.0 feet to the place of beginning, all located in Buffalo County, Nebraska and to consider approval of Resolution No. 2007-168.

 

City Attorney Michael Tye presented this matter to the Council. This property located in the northern portion of Kearney was part of a joint project between the Central Platte NRD, the County and the City to build a 40-acre storm water detention cell and improve the drainage channel from northeast Kearney to the Wood River north of the Airport.  In the agreement the ownership and continued maintenance of the detention cell would be the City of Kearney and the ownership and maintenance of the drainage channel would be Buffalo County.  The final phase of the Northeast Drainage Project has now been completed and the 40 plus acre detention cell is ready to be deeded over and annexed into the City of Kearney.

 

The City has been working with the Central Platte NRD in obtaining the Warranty Deed for this tract of land.  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.

 

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 to continue effectiveness of the Kearney Northeast Flood Control Project of 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, more particularly described as follows: Referring to the southeast corner of the Northeast Quarter of said Section 24 and assuming the east line of said Northeast Quarter as bearing north and all bearings contained herein are relative thereto; thence north on the aforesaid east line a distance of 770.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing north on the aforedescribed course a distance of 232.16 feet; thence S89°59’W and parallel with the south line of the Northeast Quarter of said section a distance of 196.0 feet; thence N51°03’37”W a distance of 1864.08 feet to the point of curvature; thence on a 5754.58 foot radius curve to the left forming a central angle of 02°39’48” a distance of 267.5 feet; thence leaving said curve non-tangent S00°08’09”W parallel with and 785.0 feet easterly of the west line of said Northeast Quarter a distance of 1889.48 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 631.26 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 448.0 feet to a point on the south line of said Northeast Quarter; thence N89°59’E and on the aforesaid south line a distance of 150.0 feet; thence north parallel with the east line of said Northeast Quarter a distance of 530.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 731.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 240.0 feet; thence N89°59’E and parallel with the south line of said Northeast quarter a distance of 350.0 feet to the place of beginning.  Containing 46.921 acres, more or less, of which 0.176 acres, more or less, are presently being used for road purposes on the east side.  Subject to, however, a 60.0 foot strip of land which is to be reserved for future ingress-egress easement purposes with said 60.0 foot strip of land being more particularly described as follows:  Referring to the southeast corner of the Northeast Quarter of said Section 24; thence S89°59”W and on the south line of said Northeast Quarter a distance of 1081.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing S89°59’W and on the aforesaid south line a distance of 150.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 60.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 150.0 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 60.0 feet to the place of beginning, all located in Buffalo County, Nebraska and approve Resolution No. 2007-168. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.

RESOLUTION NO. 2007-168

 

            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 Northeast Quarter of Section 24, 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 said Section 24 and assuming the east line of said Northeast Quarter as bearing north and all bearings contained herein are relative thereto; thence north on the aforesaid east line a distance of 770.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing north on the aforedescribed course a distance of 232.16 feet; thence S89°59’W and parallel with the south line of the Northeast Quarter of said section a distance of 196.0 feet; thence N51°03’37”W a distance of 1864.08 feet to the point of curvature; thence on a 5754.58 foot radius curve to the left forming a central angle of 02°39’48” a distance of 267.5 feet; thence leaving said curve non-tangent S00°08’09”W parallel with and 785.0 feet easterly of the west line of said Northeast Quarter a distance of 1889.48 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 631.26 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 448.0 feet to a point on the south line of said Northeast Quarter; thence N89°59’E and on the aforesaid south line a distance of 150.0 feet; thence north parallel with the east line of said Northeast Quarter a distance of 530.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 731.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 240.0 feet; thence N89°59’E and parallel with the south line of said Northeast quarter a distance of 350.0 feet to the place of beginning.  Containing 46.921 acres, more or less, of which 0.176 acres, more or less, are presently being used for road purposes on the east side.  Subject to, however, a 60.0 foot strip of land which is to be reserved for future ingress-egress easement purposes with said 60.0 foot strip of land being more particularly described as follows:  Referring to the southeast corner of the Northeast Quarter of said Section 24; thence S89°59”W and on the south line of said Northeast Quarter a distance of 1081.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing S89°59’W and on the aforesaid south line a distance of 150.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 60.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 150.0 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 60.0 feet to the place of beginning, all located in Buffalo County, Nebraska.

            WHEREAS, Central Platte Natural Resources District, a Nebraska Political Subdivision, has granted to the City of Kearney a Warranty Deed 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, more particularly described as follows: Referring to the southeast corner of the Northeast Quarter of said Section 24 and assuming the east line of said Northeast Quarter as bearing north and all bearings contained herein are relative thereto; thence north on the aforesaid east line a distance of 770.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing north on the aforedescribed course a distance of 232.16 feet; thence S89°59’W and parallel with the south line of the Northeast Quarter of said section a distance of 196.0 feet; thence N51°03’37”W a distance of 1864.08 feet to the point of curvature; thence on a 5754.58 foot radius curve to the left forming a central angle of 02°39’48” a distance of 267.5 feet; thence leaving said curve non-tangent S00°08’09”W parallel with and 785.0 feet easterly of the west line of said Northeast Quarter a distance of 1889.48 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 631.26 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 448.0 feet to a point on the south line of said Northeast Quarter; thence N89°59’E and on the aforesaid south line a distance of 150.0 feet; thence north parallel with the east line of said Northeast Quarter a distance of 530.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 731.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 240.0 feet; thence N89°59’E and parallel with the south line of said Northeast quarter a distance of 350.0 feet to the place of beginning.  Containing 46.921 acres, more or less, of which 0.176 acres, more or less, are presently being used for road purposes on the east side.  Subject to, however, a 60.0 foot strip of land which is to be reserved for future ingress-egress easement purposes with said 60.0 foot strip of land being more particularly described as follows:  Referring to the southeast corner of the Northeast Quarter of said Section 24; thence S89°59”W and on the south line of said Northeast Quarter a distance of 1081.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing S89°59’W and on the aforesaid south line a distance of 150.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 60.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 150.0 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 60.0 feet to the place of beginning, 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 28TH DAY OF AUGUST, 2007.

 

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

 

1.         Approve Minutes of Joint City/County Budget Meeting held August 9, 2007 and Minutes of Regular Meeting held August 14, 2007.

 

2.         Approve the following Claims: 2nd Wind Exercise $3,858.00 ps; AT&T $167.69 smcs; Ace Hardware $166.95 smcs; Agri Coop $24,620.71 smcs; Agro Distributing $20.40 smcs; Airtechnics $43.87 smcs; Ala-graph Edition $56.50 smcs; Alamar Uniforms $2,730.60 ps; Alltel $2,054.69 smcs; Almquist,R $105.00 smcs; Amax Contracting $53.76 co; Amazon $828.24 smcs; Amer Electric $1,180.48 smcs,co; Amer Fence $11,770.80 smcs,co; Amsan $458.72 smcs; Ancestry Product $85.70 smcs; Anderson Brothers $1,527.87 smcs; Anixter $1,581.18 co; Appliance Service Center $499.00 co; Applied Concepts $128.00 co; ARC Network $175.00 smcs; Ask Supply $382.80 smcs; Auto Glass Center $186.73 smcs; B&B Auto $303.60 co; Baker & Taylor $3,591.69 smcs; BBC Audiobooks $63.50 smcs; Bear Frame & Alignment $77.95 smcs; Becker,G $226.49 smcs; Bermuda Self Storage $847.41 co; Best Buy $203.28 smcs; Best Lock $362.96 smcs; Blessing $28,679.35 co; Bluecross Blueshield $109,110.14 smcs; Bobs Super Store $29.90 smcs; Boogaarts $17.88 smcs; Bound to Stay Bound $3,502.64 smcs; Broadfoot's $160.00 smcs; Bruce Furniture $1,168.70 co; Buckle $622.50 smcs; Buffalo Co Court $525.50 ps; Buffalo Co Weed Authority $208.72 smcs; Buffalo Surveying $297.91 co; Buggy Bath Car Wash $60.00 smcs; Builders Warehouse $1,154.30 smcs,co; Capital Bank & Trust $192.30 ps; Cart Parts $51.87 smcs; Casey's $59.69 smcs; Cash-Wa $309.60 smcs; CED Enterprise $148.90 smcs; Cellular Advantage $21.39 smcs; Centaur Enterprises $366.76 smcs; Central Contracting $9,864.90 co; Central Fire $76.95 smcs; Central Hydraulic $153.41 smcs; Central NE Bobcat $4.42 smcs; Central States Tactical $2,276.40 smcs; CG Distributors $57.00 smcs; Chemguard $1,596.38 smcs; Cherry,S $25.00 smcs; Chesterman $225.70 smcs; City of Ky $9,252.73 smcs,ps; City Plumbing $1,357.99 smcs; Clipper Herald $105.00 smcs; Cold Spring Granite $626.40 smcs; Cole,J $12.65 smcs; College Savings Plan of NE $75.00 ps; Comfort Inn $62.92 smcs; Computer Pros $11.95 smcs; Computer Warehouse #4 $17.01 co; Concrete Workers $1,607.38 co; Conserv Flag $480.34 smcs; Construction Rental $338.54 smcs; Copycat Printing $243.63 smcs; Coralville $23.00 smcs; Cordova,T $6.94 smcs; Cornhusker Cleaning $72.53 smcs; Correll,G $16.22 smcs; Craig,C $6.28 smcs; Crash Rescue Equipment $1,250.00 smcs; Credit Management $180.00 smcs; Crossroads Ford $644.49 smcs; Cummins Central Power $231.83 smcs; D.I.N. Publications $289.80 smcs; DANKO Emergency $10,595.00 smcs; Dawson Co PPD $29,220.42 smcs; Dell $2,006.64 smcs.co; Demco $314.98 smcs; Depository Trust $112,860.00 ds; Deterdings $1,357.14 smcs; Deturk,S $6.03 smcs; Development Council $4,996.88 smcs; Diamond Vogel $90.47 smcs; Dollar-General $7.22 smcs; DPC Industries $8,750.45 smcs; Dugan Business Forms $1,093.43 smcs; Dutton-Lainson $822.48 smcs; Eakes $1,778.34 smcs,co; Ebattery $89.00 co; Eickhoff,B $297.50 ps; Eileens Cookies $154.75 smcs; Elliott Equipment $833.53 smcs; Engel,S $33.76 smcs; F&S Supply $666.13 smcs; Fairbanks $165.13 smcs; Farmers Union $1,357.12 smcs; Fastenal $1,237.09 smcs,co; Fedex $285.84 smcs; Fieldmaster Infield Groom $123.30 smcs; Fire Engineering $245.00 smcs; Firecom $95.57 smcs; Fireguard $7,075.50 co; Galls $1,299.32 smcs,ps; Gangwish Turf $265.68 smcs; Garrett Tires $283.56 smcs; General Traffic Controls $39.59 smcs; Gordons Small Engine $332.05 smcs,co; Grainger $584.61 smcs; Grand Central IGA $109.89 smcs; Great Plains Safety $150.00 smcs; Greeley,D $23.13 smcs; Greyhouse Publishing $227.95 smcs; Guideposts $16.94 smcs; H&H Distributing $475.56 smcs; Hach Company $471.35 smcs; Harley Davidson $143.96 smcs; Hastings $12.83 smcs; HD Supply $7,045.09 smcs; Heartland Services $775.98 co; Herman,T $13.40 smcs; Hobby-Lobby $30.61 smcs; Holiday Inn $409.44 smcs; Holiday Stationstore $32.64 smcs; Holmes Plumbing $861.47 smcs,co; Houchin, Melanie $6.78 smcs; ICMA RC $2,778.74 ps; IEDC Online $345.00 smcs; Intellicom $4,285.00 smcs; IRS $98,861.40 ps; Jack Lederman $373.20 smcs,co; Jacobsen,J $40.00 smcs; Jameco/Jimpak Electronics $80.60 smcs; Jeffres,M $55.06 smcs; Johansen,V $373.00 smcs; Johnson Service $421.60 smcs; Johnstone Supply $29.04 smcs; Jones,J $1.45 smcs; Kayton Electric $121,433.47 co; Ky Clinic $103.00 smcs,ps; Ky Concrete $16,717.55 smcs,co; Ky Crete & Block $32.41 smcs; Ky Hub $3,957.79 smcs; Ky Implement $241.22 smcs; Ky Towing $365.00 smcs; Ky Visitors Bureau $33,473.59 smcs; Ky Warehouse $1,368.38 smcs; Ky Winlectric $402.08 smcs; Ky Winnelson $58.39 co; Ky Yamaha $137.00 smcs; Kelly Electric $160.00 co; Kelly Supply $115.41 smcs; Killion Motors $764.49 smcs; Kirkham Michael $52,755.15 smcs,co; Kreutzer,K $29.48 smcs; Lamps Plus $105.98 smcs; Lang,L $16.50 smcs; Laser Art Design $47.50 smcs; Laughlin,K $180.00 ps; Lawn Builders $35.40 smcs; Lawson Products $79.46 smcs; Lawyer Nursery $392.56 smcs; LCL Truck Equipment $117.58 smcs; League of NE Municipalities $80.00 smcs; Linnemeyer,E $22.76 smcs; Linweld $195.45 smcs; Lips Printing $85.00 smcs; Little Caesars $166.50 smcs; Logan Contractors $1,908.80 smcs; Luke,D $6.56 smcs; Machine and Media $913.00 smcs; Magic Cleaning Services $660.00 smcs; Maize Corp $15.17 smcs; Manary,M $468.68 smcs; Marchand,M $135.98 smcs; Marlatt Machine Shop $362.50 smcs; Mason Motors $23.96 smcs; McLaughlin,P $6.00 smcs; Media Management $46.50 smcs; Menards $2,073.13 smcs,co; MGS Tech $20.31 co; Microfilm Imaging $4,085.00 smcs; Mid-Kan Blueline $1,077.12 smcs; Midland Telecom $48.00 smcs; Mid-State Units $540.00 smcs; Midwest Lab $200.00 smcs; Midwest Turf $600.46 smcs; Miller & Associates $4,800.00 smcs; Miller Signs $1,255.95 smcs; Miracle Recreation $1,241.24 co; Moonlight Embroidery $883.25 smcs; Morris Press $513.60 smcs; Mr Automotive $2,956.36 smcs; MSC Kearney $38.51 smcs; Municipal Supply $322.13 smcs; Murphy Tractor $47.80 smcs; North Central Lab $266.92 smcs; Napa All Makes $322.49 smcs; Naslund,M $26.26 smcs; Nat'l Archives $35.75 smcs; NCS Equipment $204.64 smcs; NE Child Support $2,298.45 ps; NE Dept of Agriculture $120.19 smcs; NE Dept of Revenue $51,031.44 smcs; NE Forest Service $187.00 smcs; NE Health & Human $37.84 co; NE Liquor Control Comm $45.00 smcs; NE Machinery $264.79 smcs; NE Notary $139.15 smcs; NE State Library $25.20 smcs; NE Truck Center $74,619.13 smcs,co; NE Wine & Spirits $120.62 smcs; NEland Distributors $556.50 smcs; Networks Solutions $179.94 smcs; New World Systems $210.00 smcs; Newegg $197.69 smcs; Norm's Plumbing $474.88 smcs; Northgate Veterinary $216.00 smcs; Northwest Electric $308.96 smcs; Northwestern Energy $159.67 smcs; Novus $31.50 smcs; Office Depot $711.10 smcs; Office Max $874.75 smcs,co; Olive Software $3,000.00 smcs; OMB Police Supply $713.33 smcs; O'Reilly Auto $368.72 smcs; Oriental Trading $60.72 smcs; Orscheln $526.23 smcs; Overhead Door $71.25 smcs; Padgett,R $19.96 smcs; Paramount $15.70 smcs; Patton,K $27.30 smcs; Paypal $50.00 smcs; Pepsi-Cola $3,336.62 smcs; Perry,T $30.65 smcs; Persinger,K $10.63 smcs; PGA Gift Shop $59.90 smcs; Pioneer Revere $265.00 smcs; Piper,P $9.61 smcs; Platte Valley Comm $1,707.24 smcs; Platte Valley Medical $501.00 smcs; Portable Computer Systems $594.00 co; Powerplan $1,813.93 smcs; Presto-X $346.00 smcs; QPR $1,415.99 smcs; Radioshack $16.47 smcs; Random House $335.20 smcs; Reams Sprinkler Supply $7,948.73 smcs,co; Recognition Unlimited $127.95 smcs; Recorded Books $371.10 smcs; Republic Beverage $423.34 smcs; Respond First Aid System $119.00 smcs; Reyes,V $310.30 smcs; Rheome Tree $3,210.00 smcs; Rhino Linings $937.00 co; Riekes Equipment $52.79 smcs; Safe Center $1,310.61 smcs; Sahling Kenworth $68.48 smcs; Sara Lee Bakery $31.65 smcs; Schake Construction $9.35 smcs; Schwan's $673.16 smcs; Sears $3,099.97 smcs,co; Seatbeltproscom $77.75 smcs; See Clear Cleaning $2,800.00 smcs; Sesna,D $6.00 smcs; S-F Analytical $65.00 smcs; Shell Oil $38.61 smcs; Sherwin Williams $593.06 smcs; Sherwood,S $24.63 smcs; SI IOGear $82.34 co; Solid Waste Agency $281.71 smcs; Steinbrinks Landscaping $219.79 smcs; Steinbrook,S $2,299.25 smcs; Sterling Distributing $292.52 smcs; Subway $245.16 smcs; Summit Heating & Air $176.58 smcs; Sunmart $227.91 smcs; Super Shine Auto $30.75 smcs; Sweetwater $1,799.96 smcs; Target $107.16 smcs; Telephone Systems $22.46 smcs; Thirsty's West $10.78 smcs; Thomas,B $39.34 smcs; Thomson Gale $172.17 smcs; Thomspson,L $60.00 smcs; Tielke Enterprise $239.79 smcs; Titelist $3,062.24 smcs; Tractor-Supply $794.65 smcs,co; Tri City Outdoor Power $788.02 smcs,co; Turf Works $96.49 smcs; Underground Construction $400.00 smcs; Underwood Truck $24.49 smcs; Unique Management $214.80 smcs; United Air $290.97 smcs; United Seeds $650.00 smcs; UPS $72.78 smcs; Urbanek,G $6.94 smcs; USDA Animal Care $85.00 smcs; USPS $108.94 smcs; Utility Safeguard $86.72 smcs; Valentino's $6.73 smcs; Van Diest Supply $2,665.15 smcs; Walgreen $22.13 smcs,co; Wal-mart $1,341.74 smcs; Weber,J $23.36 smcs; West Payment Center $1,440.81 smcs; Whetstone,K $24.31 smcs; Wilke Donovans $124.39 smcs,co; World Book $1,049.00 smcs; Zimmerman Printers $21.75 smcs; Payroll Ending 8-18-2007 -- $ 306,805.54.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Receive recommendations of Planning Commission and set September 11, 2007 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the final allocation of levy authority in the amount of $132,600.00 for the Community Redevelopment Authority of the City of Kearney for fiscal year 2007-2008 and the final allocation of levy authority in the amount of $38,000.00 for Offstreet Parking District No. 1 for fiscal year 2007-2008 and approve Resolution No. 2007-169.

 

RESOLUTION NO. 2007-169

 

            WHEREAS, Section 77-3443.03 of the Nebraska Revised Statutes, as amended, requires Community Redevelopment Authorities and Offstreet Parking Districts to submit a preliminary request for levy allocation, on or before August 1, to the City Council; and

            WHEREAS, the Community Redevelopment Authority of the City of Kearney submitted to the City, on July 9, 2007, a preliminary request for levy allocation in the amount of $132,600.00; and

            WHEREAS, the Downtown Improvement Board, on behalf of Offstreet Parking District No. 1, submitted to the City, on July 2, 2007, a preliminary request for levy allocation  in the amount of $38,000.00; and

            WHEREAS, Section 77-3443.04 of the Nebraska Revised Statutes, as amended, requires the City Council to adopt, by September 1, a resolution (by a majority vote of members present) which determines a final allocation of levy authority to the Community Redevelopment Authority and Offstreet Parking District No. 1.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to the provisions of Section 77-3443.04 of the Nebraska Revised Statutes, as amended, that a final allocation of levy authority of $132,600.00 is hereby approved for the Community Redevelopment Authority of the City of Kearney for 2007 and a final allocation of levy authority of $38,000.00 is hereby approved for Offstreet Parking District No. 1 for 2007.

BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to the provisions of Section 77-3443.04 of the Nebraska Revised Statutes, as amended, that the City Clerk is ordered to forward a copy of this resolution to the chairperson of the Community Redevelopment Authority of the City of Kearney and the chairperson of the Downtown Improvement Board.

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect September 1, 2007.

            PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

5.         Authorize the City Manager, Director of Finance and Administration, and the City Clerk to sign checks, drafts or other withdrawal orders issued against the funds of the City on deposit with designated depositories and approve Resolution No. 2007-170.

 

RESOLUTION NO. 2007-170

 

            WHEREAS, the Mayor and City Council have determined that it is appropriate and proper to designate various banks as depositories for funds of the City of Kearney.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that Wells Fargo Bank Nebraska, N.A. of Kearney, Platte Valley State Bank & Trust Company of Kearney, Kearney State Bank & Trust Company of Kearney, US Bank of Kearney, Nebraska National Bank of Kearney, Commercial Federal Bank of Kearney, TierOne Bank of Kearney, Five Points Bank of Kearney, Geneva State Bank of Kearney, and FirsTier Bank of Kearney be and are hereby designated as city depository banks. However, such designation as a city depository shall not be exclusive and shall not be determined in any way to constitute a franchise to the exclusion of other designated depositories.

BE IT FURTHER RESOLVED by the President and City Council of the City of Kearney, Nebraska that checks, drafts or other withdrawal orders issued against the funds of the City on deposit with said depositories be signed by any one of the following who now hold offices or positions with the City:

            Michael W. Morgan, City Manager

            Wendell R. Wessels, Director of Finance and Administration

            Michaelle E. Trembly, City Clerk

BE IT FURTHER RESOLVED that all resolutions and parts of resolutions in conflict herewith are hereby repealed and that Resolution No. 2005-52 is hereby specifically rescinded and repealed.

PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

6.         Accept the Warranty Quitclaim Deed granted to the City of Kearney by Brian and Mary Rodine 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. 2007-171.

 

RESOLUTION NO. 2007-171

 

            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 south 2.0 feet of Lot 14, Block 2, Arrowhead Hills Subdivision, a Subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 14, said point being on the north line of 39th Street, a street in the City of Kearney, thence northerly on the east line of said Lot 14 a distance of 2.0 feet; thence westerly parallel with the north line of said 39th Street a distance of 130.0 feet to a point on the east line of Pony Express Road, a street in the City of Kearney; thence southerly on the east line of said Pony Express Road a distance of 2.0 feet to the southwest corner of Lot 14, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 130.0 feet to the Point of Beginning, containing 260 Sq. Ft (0.01 Acres) more or less, all in Buffalo County, Nebraska.

            WHEREAS, Brian and Mary Rodine, husband and wife, as joint tenant and not tenants in common, have granted to the City of Kearney a Warranty Deed for a tract of land being the south 2.0 feet of Lot 14, Block 2, Arrowhead Hills Subdivision, a Subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at the southeast corner of Lot 14, said point being on the north line of 39th Street, a street in the City of Kearney, thence northerly on the east line of said Lot 14 a distance of 2.0 feet; thence westerly parallel with the north line of said 39th Street a distance of 130.0 feet to a point on the east line of Pony Express Road, a street in the City of Kearney; thence southerly on the east line of said Pony Express Road a distance of 2.0 feet to the southwest corner of Lot 14, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 130.0 feet to the Point of Beginning, containing 260 Sq. Ft (0.01 Acres) more or less, all 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 28TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

7.         Approve Amendment No. 1 to the Consultant’s Agreement with Kirkham Michael & Associates in connection with the Kearney Lighting Project – Runway 13/31, Taxiway ‘B’, ‘C’, ‘D’, ‘E’, and ‘F’ (AIP Project: 3-31-0045-17) and approve Resolution No. 2007-172.

 

RESOLUTION NO. 2007-172

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President of the Council be and is hereby authorized and directed to execute the Amendment to the Consultant’s Agreement with Kirkham Michael & Associates for Airport Improvement Project No. 3-31-0045-17 for upgrading lighting on Runway 13/31, Taxiway ‘B’, ‘C’, ‘D’, ‘E’, and ‘F’. A copy of the said Amendment is marked as Exhibit “A” and is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

8.         Approve the request submitted by the University of Nebraska at Kearney to conduct a Homecoming Parade on October 6, 2007 beginning at 10:00 a.m. The route will commence on North Railroad Street and Central Avenue, north on Central Avenue to 27th Street, west on 27th Street to 9th Avenue.  The staging area to be blocked off beginning at 7:00 a.m. is Railroad Street from Avenue E to 5th Avenue, 4th Avenue from Railroad Street to 22nd Street, 3rd Avenue from Railroad Street to 22nd Street, 21st Street from 3rd Avenue to 5th Avenue, 20th Street from 3rd Avenue to 5th Avenue, Avenue B from Railroad Street to 22nd Street, Avenue C from Railroad Street to 22nd Street, Avenue D from Railroad Street to 22nd Street, and Avenue E from Railroad Street to 22nd Street.  Parking will be prohibited on Central Avenue between Railroad Street and 25th Street from 2:00 a.m. until conclusion of the parade.

 

9.         Approve the Application for a Special Designated License submitted by NIGHT LIFE CONCEPTS, INC., dba “Cunningham’s Journal” in connection with their Class CK-59311 catering liquor license to dispense beer, wine and distilled spirits in the Great Platte River Road Archway located at the 3060 East 1st Avenue on September 22, 2007 from 4:00 p.m. until 1:00 a.m. for a wedding reception.

 

10.        Approve Change Order No. 2 showing a decrease in the amount of $22,486.55, Application and Certificate for Payment No. 5-Final in the amount of $26,475.79, and Certificate of Substantial Completion submitted by Paulsen, Inc. and approved by Miller & Associates in connection with the 2007 Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements (Paving Improvement District No. 2006-908) and approve Resolution No. 2007-173.

 

RESOLUTION NO. 2007-173

 

            WHEREAS, Paulsen, Inc. of Cozad, Nebraska has performed services in connection with the 2007 Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements which consists of Paving Improvement District No. 2006-908 for 39th Street from 2nd Avenue west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing a decrease in the amount of $22,486.55 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. 5-Final in the amount of $26,475.79 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$394,949.50

            Change Order No. 1 (6-26-2007)

            Change Order No. 2 (8-28-2007)

+  73,927.80

-   22,486.55

Contract Sum to Date

$446,390.75

Gross Amount Due

446,390.75

Retainage

.00

Amount Due to Date

446,390.75

Less Previous Certificates for Payment

   419,914.96

Current Payment Due

 

$   26,475.79

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of July 11, 2007, 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. 2, as shown on Exhibit “A”, Application and Certificate for Payment No. 5-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 28TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

11.        Approve Application and Certificate for Payment No. 5 in the amount of $224,845.20 submitted by Blessing, LLC and approved by Miller & Associates for the 2007 Part II Improvements for 39th Street from 2nd Avenue east to Pony Express Road (Paving Improvement District No. 2006-908) and approve Resolution No. 2007-174.

 

RESOLUTION NO. 2007-174

 

            WHEREAS, Blessing LLC of Kearney, Nebraska has performed services in connection with the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road (Paving Improvement District No. 2006-908), and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 5 in the amount of $224,845.20 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,977,660.96

            Change Order No. 1 (6-26-2007)

            Change Order No. 2 (7-24-2007)

+     61,459.75

+       4,853.68

Contract Sum to Date

$2,043,974.39

Gross Amount Due

670,928.21

Retainage

67,092.82

Amount Due to Date

603,835.39

Less Previous Certificates for Payment

    378,990.19

Current Payment Due

 

$   224,845.20

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 5, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

12.        Approve Change Order No. 1 showing a decrease in the amount of $1,011.00 and Application and Certificate for Payment No. 1 in the amount of $73,963.62 submitted by Midlands Contracting, Inc. and approved by Miller & Associates in connection with the 2007 Part III Improvements – Bid A consisting of Water District No. 2007-547 and Sewer District No. 2007-489 for 16th Street from Avenue M east a distance of 747± feet; 5th Avenue Water Main Replacement; Avenue C Railroad Crossing and approve Resolution No. 2007-175.

 

RESOLUTION NO. 2007-175

 

            WHEREAS, Midlands Contracting, Inc. of Kearney, Nebraska has performed services in connection with the 2007 Part III Improvements consisting of Water District No. 2007-547 and Sewer District No. 2007-489 for 16th Street from Avenue M east a distance of 747± feet; 5th Avenue Water Main Replacement; Avenue C Railroad Crossing, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $1,011.00 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. 1 in the amount of $73,963.62 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$437,741.30

            Change Order No. 2 (8-28-2007)

-     1,011.00

Contract Sum to Date

$436,730.30

Gross Amount Due

82,181.80

Retainage

8,218.18

Amount Due to Date

73,963.62

Less Previous Certificates for Payment

               .00

Current Payment Due

 

$  73,963.62

            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. 1, as shown on Exhibit “B”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

13.        Approve Application and Certificate for Payment No. 11 in the amount of $69,481.62 submitted by Sargent Drilling of Broken Bow, Nebraska and approved by Miller & Associates for the Northwest Well Field Phase I (Municipal Water Wells)  and approve Resolution No. 2007-176.

 

RESOLUTION NO. 2007-176

 

            WHEREAS, Sargent Drilling Co. of Broken Bow, Nebraska has performed services in connection with the Northwest Well Field Development; Phase I – Municipal Water Wells, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Application and Certificate for Payment No. 11 in the amount of $69,481.62 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$2,364,294.50

            Change Order No. 1 (4-10-2007)

+   142,586.66

Contract Sum to Date

2,506,881.66

Gross Amount Due

1,828,405.34

Retainage

175,892.37

Amount Due to Date

1,652,512.97

Less Previous Certificates for Payment

  1,583,031.35

Current Payment Due

 

$     69,481.62

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 11, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

14.        Approve the Interlocal Agreement between the Cities of Grand Island, Kearney, North Platte, and the Village of Alda Regarding Direct Negotiations of Rate Changes with NorthWestern Energy and approve Resolution No. 2007-177.

 

RESOLUTION NO. 2007-177

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President of the Council be and is hereby authorized and directed to execute the Interlocal Agreement between the Cities of Grand Island, Kearney, North Platte, and the Village of Alda Regarding Direct Negotiations of Rate Changes with NorthWestern Energy. A copy of the said Agreement is marked as Exhibit “A” and is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

15.        Approve Change Order No. 2 showing a decrease in the amount of $1,005.10, Application and Certificate for Payment No. 3-Final in the amount of $35,448.12, and the Certificate of Substantial Completion submitted by Concrete Workers and approved by Miller & Associates in connection with the 2006 Part IV Improvements (Phase II) for the construction of sidewalks where it currently does not exist as follows: 11th Street from 1st Avenue to Avenue A, 13th Street from Central Avenue to Avenue I, 14th Street from 2nd Avenue to Avenue D, 15th Street from Avenue B to Avenue I, Avenue D from 13th Street to 16th Street, Avenue F from 13th Street to 14th Street, Avenue G from 13th Street to 14th Street and approve Resolution No. 2007-178.

 

RESOLUTION NO. 2007-178

 

WHEREAS, Concrete Workers, Inc. of Kearney, Nebraska has performed services in connection with the 2006 Part IV Improvements (Phase II) for the construction of sidewalks where it currently does not exist as follows: 11th Street from 1st Avenue to Avenue A, 13th Street from Central Avenue to Avenue I, 14th Street from 2nd Avenue to Avenue D, 15th Street from Avenue B to Avenue I, Avenue D from 13th Street to 16th Street, Avenue F from 13th Street to 14th Street, Avenue G from 13th Street to 14th Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing a decrease in the amount of $1,005.10 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

            WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 3-Final in the amount of $35,448.12 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$156,640.50

            Change Order No. 1 (8-14-2007)

            Change Order No. 2 (8-28-2007)

+  3,903.13

-   1,005.10

Contract Sum to Date

$159,538.53

Gross Amount Due

159,538.53

Retainage

.00

Amount Due to Date

159,538.53

Less Previous Certificates for Payment

   124,090.41

Current Payment Due

 

$   35,448.12

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of August 13, 2007, 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. 2, as shown on Exhibit “A”, Application and Certificate for Payment No. 3-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 28TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

16.        Approve the bids received for the Belt Press Auger and Conveyor Replacement at the Wastewater Treatment Plant and approve Resolution No. 2007-179 awarding the bid to Marlatt Machine Shop in the amount of $109,800.00.

 

RESOLUTION NO. 2007-179

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on August 23, 2007 at 2:00 p.m. for the Belt Press Auger and Conveyor Replacement at the Wastewater Treatment Plant; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $349,000.00; and

WHEREAS, the said engineers have recommended the bid offered by Marlatt Machine Shop of Kearney, Nebraska be accepted as the lowest responsible bid.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Marlatt Machine Shop of Kearney, Nebraska be and is the lowest responsible bidder for the Belt Press Auger and Conveyor Replacement at the Wastewater Treatment Plant to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Marlatt Machine Shop in the sum of $109,800.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the Belt Press Auger and Conveyor Replacement at the Wastewater Treatment Plant of $349,000.00 be and is hereby accepted.

BE IT FURTHER RESOLVED that the President of the Council of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute contracts for such improvements in accordance with the bid, plans, specifications, and general stipulations pertaining thereto.

            PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7370 – AMEND SECTION 8-913 AND 8-917 OF THE KEARNEY CITY CODE

 

Currently, Chapter 8-913 of Kearney City Code prohibits parking in excess of two (2) consecutive hours between the hours of eight 8:00 a.m. and 8:00 p.m. on Monday through Saturday on 24th Street from Central Avenue to Avenue A. The Board recommends removing this street from Chapter 8-913, and amending Chapter 8-917, Prohibited in Excess of Eight Hours, to include this block of 24th Street for 8-hour parking.

 

To create more employee and long-term spaces in Downtown Kearney, the Downtown Improvement Board is recommending changing the parking on 24th Street from Central Avenue to Avenue A from 2-hour to 8-hour parking.  This street is currently underused by patrons.  It would be better utilized by employees of nearby businesses and tenants of 13 East 24th Street.

 

The Downtown Improvement Board approved this change at their regular meeting held August 6, 2007.  Staff recommends approval of the request to change 2-hour parking on 24th Street from Central Avenue to Avenue A to 8-hour parking.

 

Council Member Buschkoetter introduced Ordinance No. 7370, being Subsection 1 of Agenda Item V to amend Section 8-913 “Two-Hour Parking; Generally” of Article 9 “Stopping, Standing and Parking” of Chapter 8 “Police” of the Code of the Kearney of Kearney to remove 24th Street from Central Avenue to Avenue A; and to amend Section 8-917 “Prohibited in Excess of Eight Hours” of Article 9 “Stopping, Standing and Parking” of Chapter 8 “Police” of the Code of the Kearney of Kearney to include 24th Street from Central Avenue to Avenue A, 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, Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. 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. 7370 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Kearney that Ordinance No. 7370 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7370 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. 7371 – ANNEXATION OF NRD PROPERTY (PERTAINS TO PUBLIC HEARING 5)

 

Mayor Clouse stated that Section 16-404 of the Nebraska Revised Statutes provides ordinances of a general or permanent nature shall be read by title on three different days unless three-fourths of the council members vote to suspend this requirement.  However, such requirement shall not be suspended for any ordinance for the annexation of territory.  Therefore, the title of Ordinance No. 7371 shall be read on three different days. The first reading will take place now, the second reading will take place on September 11, 2007 with the third reading taking place on September 25, 2007. 

 

Moved by Kearney seconded by Lammers that Ordinance No. 7371 to extend the boundaries and include with the corporate limits of, and to annex to the City of Kearney, Nebraska, 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, more particularly described as follows: Referring to the southeast corner of the Northeast Quarter of said Section 24 and assuming the east line of said Northeast Quarter as bearing north and all bearings contained herein are relative thereto; thence north on the aforesaid east line a distance of 770.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing north on the aforedescribed course a distance of 232.16 feet; thence S89°59’W and parallel with the south line of the Northeast Quarter of said section a distance of 196.0 feet; thence N51°03’37”W a distance of 1864.08 feet to the point of curvature; thence on a 5754.58 foot radius curve to the left forming a central angle of 02°39’48” a distance of 267.5 feet; thence leaving said curve non-tangent S00°08’09”W parallel with and 785.0 feet easterly of the west line of said Northeast Quarter a distance of 1889.48 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 631.26 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 448.0 feet to a point on the south line of said Northeast Quarter; thence N89°59’E and on the aforesaid south line a distance of 150.0 feet; thence north parallel with the east line of said Northeast Quarter a distance of 530.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 731.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 240.0 feet; thence N89°59’E and parallel with the south line of said Northeast quarter a distance of 350.0 feet to the place of beginning.  Containing 46.921 acres, more or less, of which 0.176 acres, more or less, are presently being used for road purposes on the east side.  Subject to, however, a 60.0 foot strip of land which is to be reserved for future ingress-egress easement purposes with said 60.0 foot strip of land being more particularly described as follows:  Referring to the southeast corner of the Northeast Quarter of said Section 24; thence S89°59”W and on the south line of said Northeast Quarter a distance of 1081.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing S89°59’W and on the aforesaid south line a distance of 150.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 60.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 150.0 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 60.0 feet to the place of beginning, all located in Buffalo County, Nebraska be placed on first reading, and moved that the ordinance be read by title on three different days.  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. Nay: None. Lear absent. City Clerk read Ordinance No. 7371 by title only on first reading.

 

ORDINANCE NO. 7371

AN ORDINANCE OF THE CITY OF KEARNEY, NEBRASKA, TO EXTEND THE BOUNDARIES AND INCLUDE WITH THE CORPORATE LIMITS OF, AND TO ANNEX TO THE CITY OF KEARNEY, NEBRASKA, 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, MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE SERVICE BENEFITS THERETO; TO CONFIRM ZONING CLASSIFICATIONS; TO REPEAL ALL ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY AUTHORITY OF THE CITY COUNCIL AND EFFECTIVE DATE OF THIS ORDINANCE.

 

JERSEY’S SPORTS BAR MANAGER APPLICATION

 

Moved by Lammers seconded by Buschkoetter to remove from the table the Application for Corporate Manager of Jeremy Nore submitted by JERSEY’S SPORTS BAR & GRILL, LLC., dba “Jersey’s Sports Bar” in connection with their Class I-70888 liquor license located at 5012 3rd Avenue. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lammers. Nay: None. Lear absent. Motion carried.

 

Jeremy Nore presented this matter to the Council. Jersey’s has been in business for about a year and half. They just hired a full time staff trainer and her job is to make sure that they do not tolerate any violations in their bar. They are requesting a change in their corporate manager only.

 

Moved by Buschkoetter seconded by Clouse to approve the Application for Corporate Manager of Jeremy Nore submitted by JERSEY’S SPORTS BAR & GRILL, LLC., dba “Jersey’s Sports Bar” in connection with their Class I-70888 liquor license located at 5012 3rd Avenue.  Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. Motion carried.

 

KEARNEY HOUSING AGENCY ANNUAL REPORT

 

Mayor Clouse opened for discussion the Kearney Housing Agency Annual Report.

 

Elaine Wiseman presented this matter to the Council. She stated the Annual Report is for their fiscal year April 1, 2006 to March 31, 2007.  Their audit report has been filed with the City Clerk.  Their payment in lieu of taxes is $255.65 has been paid to the County Treasurer per State statues. 

 

She reported a couple of highlights the residents enjoyed during the fiscal year was visits from distinguished visitors.  Governor Heinemann stopped and had lunch with them which provided a topic of discussion for many days.  They also had a visit from Senator Joel Johnson and the former mayor, Galen Hadley.  Visits from important people, make the residents feel like they are part of the community.  

 

On July 1, 2006, housing authorities across Nebraska attained sales tax exemption status.  Since the inception of housing authorities, they have had to pay sales tax.  This has been a real boost to their financial situation.  The Agency was host to the Nebraska National Association of Housing and Redevelopment Officials (NAHRO) Conference in September 2006.  At that conference they were very pleased that their maintenance supervisor, Carl Beans, was honored with the Maintenance Person Award of the Year.  They were awarded one new grant and they still had the second year of a three-year grant for Family Self Sufficiency (FSS) coordinator and the FSS case manager. They also received $11,606.00 in private donations from community supporters for their congregate meal program.  They were saddened because they lost a commissioner, C.J. Willis, who was on their board and who was very well liked.

 

City Manager stated that most people do not know the scrutiny that housing authorities are under and it is an issue in many communities because of it.  Ms. Wiseman responded that she calls it the “HUD report card”.  She believed that because they are a high performer, they were not scrutinized so heavily in 2006.  However, this summer they made up for it.  Basically, they are required to do certain things in order to attain high performer status.  They must be financially prudent and units must be turned around in a particular timeframe.  They try to do that in about a ten-day period.  They are graded on their process doing the turn around, work orders and calculating the tenants rent, etc.  Everything they do is submitted electronically to HUD which are checked against Social Security Administration records and also employment records for new hire reports. The housing authority is subject to physical inspection and management reviews. The rules are constantly changing which is very frustrating.  Their rent revenues cannot be increased because they are based on 30 percent of their resident’s adjusted gross income which is set by federal law.  Every year the rules are slightly changed so you have to be sure that there is an understanding of the new regulations.  Last year there was a huge change in the way to calculate and just when they had that down, they changed the rules again. They must do a lot of micro-management to stay on top of it all.  Tax payer dollars support their program, so they must be accountable.

 

Ms. Wiseman stated that the high performer status was started in the late 90’s and Kearney has always ranked as a high performer status.  They have also attained the high performer status at Minden and Gibbon, and Shelton was rated as a standard performer this year.  She likes the high performer status because it gives them some leeway in the sense that they might get to skip a year of having physical inspections. 

 

Moved by Clouse seconded by Kearney to accept the Kearney Housing Agency Annual Report submitted by Executive Director Elaine Wiseman. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.

 

OPEN ACCOUNT CLAIMS: STAN CLOUSE - $334.44, PLATTE VALLEY STATE BANK - $40,529.59

 

Moved by Kearney seconded by Lammers that Open Account Claims in the amount of $334.44 payable to Stan Clouse and in the amount of $40,529.59 payable to Platte Valley State Bank be allowed. Roll call resulted as follows: Aye: Lammers, Kearney, Buschkoetter. Nay: None. Clouse abstained. Lear absent. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

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

 

 

                                                                                    STANLEY A. CLOUSE

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK