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Kearney, Nebraska

October 14, 2003

7:30 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:30 p.m. on October 14, 2003, in the Council Chambers at City Hall.  Present were:  Bruce L. Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Stan Clouse, Galen Hadley, Don Kearney.  Absent: None.  G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present.  Some of the citizens present in the audience included: Alex Gangwish, Harold Gary, Dave Biehle, Marvon Reichert, Mitich Humphrey, Jolissa May, Don Peterson, Cole Spresser from UNK Student Director of Community Relations, 3 UNK Students.

 

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

 

Major Dale Hixenbaugh from the Salvation Army provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scout Logan Rall led the Council members and audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING – WEST OF 600 LANDON STREET; ALEX GANGWISH

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Alex Gangwish (Owner) to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as part of Lot 3 and accretions located in Section 12, Township 8 North Range 16 West of the 6th P.M., containing 0.93 acres, more or less, Buffalo County, Nebraska (west of 600 Landon Street). Planning Commission recommended approval.

 

The applicant is requesting rezoning of a 0.93 acre tract of land located west of Gangwish Turf Farms. The rezoning request is from District Ag, Agricultural to District M-1, Limited Industrial. The Land Use Map of the City of Kearney Comprehensive Development Plan shows the proposed land use in this area as “Mixed Use 3,” a mixed use category that allows limited industrial uses.

 

There is an existing building on this tract that is being used for storage of construction materials which is not an agricultural use. Therefore, the applicant wishes to rezone the parcel to M-1 which allows for the use. The rezoning request matches the existing and proposed use of the property.  A subdivision is not being requested at this time.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. This tract if land is located past the present location of land and street.  It is shy of one acre, which has an existing building on it.  The request is to rezone this tract of land to allow for conformity to the zoning ordinance in the area.  

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Alex Gangwish (Owner) to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as part of Lot 3 and accretions located in Section 12, Township 8 North Range 16 West of the 6th P.M., containing 0.93 acres, more or less, Buffalo County, Nebraska (west of 600 Landon Street). Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

FINAL PLAT – EASTBROOKE SIXTH

 

This public hearing and the next public hearing were discussed together but voted on separately.

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for C & C Development, a Nebraska General Partnership, by and through P.C.L., Inc., General Partner, Richard L. Poston, President (Owner) for final plat approval for “EASTBROOKE SIXTH” property described as a tract of land being part of Government Lot 3 located in the West Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 5.91 acres, more or less, Buffalo County, Nebraska (east of and adjacent to Avenue N and on either side of 63rd Street, if extended) and to consider Resolution No. 2003-173. Planning Commission recommended approval. Administration recommends approval subject to conformance the design of the stormwater management facilities and utilities shall be in conformance with the approved Public Works Plan and that no Building Permits shall be issued until the stormwater cells are constructed and operational.

 

The applicant is requesting approval of the final plat and consideration for inclusion within the corporate boundaries of the City for a 5.91 acre tract to be known as Eastbrooke Sixth. This subdivision consists of 12 lots located east of Avenue N and along both sides of 63rd Street in a double cul-de-sac arrangement. The property is zoned R-1.

 

Final Plat

The final plat consists of 12 lots on 5.91 acres.  The preliminary plat was approved when the property was rezoned on February 15, 2002. A Public Works Plan was also submitted and accepted at that time. Design of the stormwater management facilities and utilities shall be in conformance with the approved Public Works Plan. No Building Permits shall be issued until the stormwater cells are constructed and operational.

 

Annexation

The proposed subdivision is located adjacent to the city limits and all municipal services are available. Therefore, if the platting is approved, the property should be annexed into the corporate boundary of the City of Kearney.

 

Mitch Humphrey presented this matter to the Council. This is the next phase of the Eastbrooke Subdivision which consists of 12 lots.  This is the northwesterly corner of the quarter section where Eastbrooke is located.  This is approximately one half mile north of the intersection of 56th Street and Avenue N.  This annexation will complete the corner of the subdivision and in essence is as far as the Eastbrooke Subdivision will go because they will expand to the east in the future.

 

Council member Kearney asked why the cul-de-sacs in this subdivision were named “Avenue O Place” when there is an Avenue O? Director of Public Works Rod Wiederspan explained that approximately 15 years ago, they got together with law enforcement as far as what the proper names of the streets should be regarding 911.  By putting “place” on the end of an address, it would identify that address as a cul-de-sac or a dead end street.  The City went back and added “place” to a number of the cul-de-sacs at that time.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Hadley to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for C & C Development, a Nebraska General Partnership, by and through P.C.L., Inc., General Partner, Richard L. Poston, President (Owner) for final plat approval for “EASTBROOKE SIXTH” property described as a tract of land being part of Government Lot 3 located in the West Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 5.91 acres, more or less, Buffalo County, Nebraska (east of and adjacent to Avenue N and on either side of 63rd Street, if extended) and approve Resolution No. 2003-173 subject to conformance that the design of the stormwater management facilities and utilities shall be in conformance with the approved Public Works Plan and that no Building Permits shall be issued until the stormwater cells are constructed and operational. Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.

 

RESOLUTION NO. 2003-173

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “EASTBROOKE SIXTH”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

            BE IT FURTHER RESOLVED that the design of the stormwater management facilities and utilities shall be in conformance with the approved Public Works Plan and that no Building Permits shall be issued until the stormwater cells are constructed and operational.

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

            PASSED AND APPROVED THIS 14TH DAY OF OCTOBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

EASTBROOKE SIXTH – INCLUSION TO CORPORATE BOUNDARY

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for C & C Development, a Nebraska General Partnership, by and through P.C.L., Inc., General Partner, Richard L. Poston, President (Owner) for the inclusion of “EASTBROOKE SIXTH” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Government Lot 3 located in the West Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 5.91 acres, more or less, Buffalo County, Nebraska (east of and adjacent to Avenue N and on either side of 63rd Street, if extended) and to consider Resolution No. 2003-174. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for C & C Development, a Nebraska General Partnership, by and through P.C.L., Inc., General Partner, Richard L. Poston, President (Owner) for the inclusion of “EASTBROOKE SIXTH” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Government Lot 3 located in the West Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 5.91 acres, more or less, Buffalo County, Nebraska (east of and adjacent to Avenue N and on either side of 63rd Street, if extended) and approve Resolution No. 2003-174. Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-174

 

            WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for C & C Development, a Nebraska General Partnership, by and through P.C.L., Inc., General Partner, Richard L. Poston, President (Owner) for the inclusion of “EASTBROOKE SIXTH” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Government Lot 3 located in the West Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows:  Beginning at the northwest corner of Government Lot 3 and assuming the north line of said Government Lot 3 and assuming the north line of said Government Lot 3 as bearing S89º57’37”E and all bearings contained herein are relative thereto; thence S89º57’37”E and on the aforesaid north line a distance of 380.0 feet to the northwest corner of Lot 4, Block 1, Eastbrooke Third, an addition to the City of Kearney, Buffalo County, Nebraska; thence SOUTH on the west line of said Eastbrooke Third a distance of 677.78 feet to the northeast corner of Lot 2, Eastbrooke Fourth, an addition to the City of Kearney, Buffalo County, Nebraska, thence WEST on the north line of said Eastbrooke Fourth a distance of 380.0 feet to the west line of Government Lot 3 of said Section 19, said point also being the northwest corner of said Eastbrooke Fourth; thence NORTH on the west line of said Government Lot 3 a distance of 678.04 feet to the place of beginning, containing 5.91 acres, more or less, of which 0.51 acres, more or less, are presently being used for road purposes on the west side, all located in Buffalo County, Nebraska (east of and adjacent to Avenue N and on either side of 63rd Street, if extended); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on October 1, 2003 on the inclusion of “EASTBROOKE SIXTH” within the corporate limits and recommended the Kearney City Council approve said application; and

            WHEREAS, said application to include the land within the corporate limits was duly signed by the owners of the land affected with the express intent of platting the land as “EASTBROOKE SIXTH” an addition to the City of Kearney, Buffalo County, Nebraska;

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on October 14, 2003 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the land to be platted as “EASTBROOKE SIXTH” shall be included within the corporate limits of the City of Kearney, Buffalo County, Nebraska, that the inhabitants of such addition shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules and regulations of the City of Kearney.

            BE IT FURTHER RESOLVED that the inclusion of “EASTBROOKE SIXTH” within the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County Register of Deeds.

            PASSED AND APPROVED THIS 14TH DAY OF OCTOBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – SOUTH OF 56TH STREET, WEST FROM HOEHNER ESTATES 3RD ADDITION, NORTH OF WELLINGTON GREENS AND NORTH OF NORTH BY NORTHWEST ADDITION

 

Mayor Blankenship stated that public hearings 4, 5 and 6 pertain to the development of North Park Addition which development is located south of 56th Street, west from Hoehner Estates 3rd Addition, north of Wellington Greens and north of North by Northwest Addition will be tabled until October 28, 2003 in order for the developer to resolve a number of issues brought before the Planning Commission.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to table until October 28, 2003 the Application submitted by David Starostka (Applicant) for Denton Charitable Remainder Unitrust (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family (Low Density) District” property described as being part of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 13.07 acres, more or less, Buffalo County, Nebraska (south of 56th Street, west from Hoehner Estates 3rd Addition, north of Wellington Greens and north of North by Northwest Addition).  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

FINAL PLAT – NORTH PARK

 

Moved by Buschkoetter seconded by Blankenship to table until October 28, 2003 the Application submitted by Ron Ridgway (Applicant) for Denton Charitable Remainder Unitrust (Owner) for final plat approval for “NORTH PARK” property described as being part of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 13.07 acres, more or less, Buffalo County, Nebraska (south of 56th Street, west from Hoehner Estates 3rd Addition, north of Wellington Greens and north of North by Northwest Addition).  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

NORTH PARK – INCLUSION TO CORPORATE BOUNDARY

 

Moved by Buschkoetter seconded by Blankenship to table until October 28, 2003 the Application submitted by Ron Ridgway (Applicant) for Denton Charitable Remainder Unitrust (Owner) for the inclusion of “NORTH PARK” within the corporate boundaries of the City of Kearney said property described as being part of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 13.07 acres, more or less, Buffalo County, Nebraska (south of 56th Street, west from Hoehner Estates 3rd Addition, north of Wellington Greens and north of North by Northwest Addition).  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

REZONING - SOUTH OF 56TH STREET LYING WEST OF NORTHRIDGE RETIREMENT SUBDIVISION

 

Mayor Blankenship stated that public hearings 7 and 8 pertain to the development of North Park Second which property is located south of 56th Street lying west of Northridge Retirement Subdivision. Since the Planning Commission did not have a quorum on September 19, 2003, their meeting was held on October 1, 2003. The Planning Commission continued this matter until their next meeting to be held on October 17th. Because of the publication requirements, the City advertised this development not knowing whether or not it would come before the Council for October 14th.

 

Moved by Blankenship seconded by Kearney to table until November 11, 2003 the Application submitted by David Starostka (Applicant) for Denton Charitable Remainder Unitrust (Owner) to rezone from “District AG, Agricultural District” to “District R-3, Urban Residential Multi-Family (Medium Density) District” property described as a tract of land being part of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 15.34 acres, more or less, Buffalo County, Nebraska (south of 56th Street lying west of Northridge Retirement Subdivision). Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

FINAL PLAT – NORTH PARK SECOND

 

Moved by Blankenship seconded by Kearney to table until November 11, 2003 the Application submitted by Ron Ridgway (Applicant) for Denton Charitable Remainder Unitrust (Owner) for final plat approval for “NORTH PARK SECOND” property described as a tract of land being part of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 15.34 acres, more or less, Buffalo County, Nebraska (south of 56th Street lying west of Northridge Retirement Subdivision).  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

IV.    CONSENT  AGENDA

 

Moved by Kearney seconded by Clouse that Subsections 1 through 12 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

1.         Approve Minutes of Regular Meeting held September 23, 2003.

 

2.         A Affordable Travel $35.00 Tr; Ace Hardware $64.98 Various; Advance Auto Parts $20.72 Rep; AFLAC $1,655.68 Ded; Air Midway $203.47 Serv; Albert Whitman $155.59 Bks; Allied Electronics $89.48 Rep; Alltel $2,312.92 Serv; Amazon.Com $51.96 Bks; Amer Electric $1,422.70 Various; Amer Institute of Small Business $217.80 Bks; Americinn of Sidney $121.00 Tr; Anderson Outdoor Power $202.09 Various; Appliance Service Center $748.00 Equip; Artic Refrigeration $224.61 Su; Ask Supply $139.27 Inv; Authorized Appliance Parts $9.48 Equip; Auto Glass Center $603.93 Inv; Bacom, K $10.00 Reim; Baker & Taylor $2,495.41 Bks; Bamford $9,300.00 Rep; Barco Mun. Products $970.44 Equip; BBC Audiobooks $8.00 Bks; BD Const. $29,335.43 Serv; Bear Frame/Alignment $83.95 Inv; Becker, G $16.00 Su; Benefits Source $1,809.00 Serv; Bennett, T $1,188.00 Serv; Best Access Systems $898.66 Inv; Better Containers Mfg $375.70 Equip; Blessing $227,024.46 Serv; Blue Cross Blue Shield $112,554.25 Claims; Bob's Super Store $46.40 Su; Bob's Total Service $46.50 Rep; Boersma, C $20.00 Su; Bogard, M $189.75 Tr; Books on Tape $532.80 Bks; Bosselman Oil $9,515.40 Inv; Bound to Stay Bound Books $1,958.89 Bks; Briggs $57.75 Rep; Buffalo Air Service $3,525.00 Su; Buffalo Co Development Council $62,394.14 Econ Dev; Buffalo Co District Court $129.00 Ded; Buffalo Co Register of Deeds $10.50 Serv; Buffalo Co Court $312.45 Ded; Buffalo Surveying $298.00 Serv; Builders Warehouse $2,269.37 Various; Cabela's Retail $249.99 Su; Call One $371.03 Equip; Canada Life Assurace $3,979.88 Various; Capstone Press $2,280.65 Bks; Cash Wa $1,913.32 Various; CDW Gov $364.89 Su; CED Ent $57.92 Su; Central Auto Elec $31.92 Inv; Central Electronics $14.80 Rep; Central Fire $55.15 Inv; Central Hydraulic System $607.95 Inv; Central NE Bobcat $363.53 Inv; CHAD $4.00 Ded; Charter $43.55 Serv; Charter Media $400.00 Serv; Charter Paging $21.92 Serv; Chesterman $1,746.67 Su; City of Ky $115,090.91 Various; Civic Plus $5,340.00 Serv; Clark Enersen Partners $10,910.94 Serv; Cold Spring Granite $86.40 Su; College Savings Plan of NE $245.00 Ded; Comfort Inns $234.16 Tr; Compass Point Bks $358.20 Bks; Complete Music $200.00 Serv; Computer Warehouse #4 $23.96 Su; Conseco Life Ins $38.00 Ded; Consolidated Electric $111.61 Rep; Construction Rental $488.56 Various; Copycat Printing $482.25 Various; Corp Diversified Services $9,468.14 Ded; CPR Savers & First Aid $98.49 Su; Crossroads Ford $229.80 Inv; Culligan $248.15 Various; Cummins Great Plains $403.10 Inv; Dannehl's Feed $61.15 Su; Data Technology $3,410.00 Serv; Dawson Co PPD $22,693.43 Serv; Debban, T $20.00 Reim; Dell $3,756.00 Various; Depository Trust $72,962.50 Int; Dept of Labor $636.00 Unemp; DH Pace Comm Const $353.00 Su; Diamond Vogel Paints $336.16 Inv; Discs Unlimited $113.07 Su; DM Security $54.00 Serv; Dominion Const $6,236.98 Serv; Double M Farms $2,000.00 Serv; Dreyer, D $204.25 Tr; Dynix $14,931.68 Bks; E&S Tools $500.00 Tools; Eakes $244.19 Various; Earl May $5.31 Su; Ecolab $26.00 Su; Embassy Suites $146.94 Tr; Expression Wear $553.90 Various; Fairbanks Int'l $4,162.69 Various; Farm Plan $74.85 Lease; Farmers Union Coop $453.49 Su; Fastenal $194.90 Inv; Fiddelke Htg $90.78 Rep; Fowler, L $126.99 Tools; Fox Bros Hay $3,000.00 Serv; Fremont Nat'l Bank $32,292.65 Ded; Frontier $16,110.09 Serv; Gangwish Turf $27.11 Various; Gas N Shop $5.96 Su; Gaylord Bros Library $142.87 Su; Gear for Sports $3,146.53 Inv; Glazier, R $14.87 Tr; Global Equipment $990.73 Su; Global Pub Service $52.00 Rep; Golden Nugget Hotel $239.76 Tr; Golf Course Superintendent $500.00 Dues; Golfsmith Int'l $35.20 Su; Graham Tire $151.72 Various; Grainger $735.90 Su; H&H Dist $149.00 Su; Hampton Inns $174.05 Tr; Handspring $33.49 Su; Harrison, R $278.81 Tr; Heartland Marketing $189.66 Inv; Heartland Transmission $200.00 Inv; Hobby Lobby $17.41 Su; Holiday Inn $942.15 Rep; Holiday Inn Downtown $510.40 Tr; Holmes Plbg $1,709.67 Various; Hydrologic Water Mgt $438.02 Rep; ICMA $558.00 Reg; ICMA RC $2,459.19 Ded; Int Society of Fire Svc $150.00 Dues; IRS $74,987.66 Ded; Interstate Structures $190,780.99 Serv; ISDN $14.95 Serv; Jack Lederman $75.05 Rep; Jeff Spady Chrysler $69.12 Inv; Johnson Lawn & Landscape $930.96 Equip; Johnson Service $1,552.50 Serv; Johnson, A $596.56 Tr; K&K Parts $419.63 Inv; K Mart $72.44 Various; Ky Area Chamber of Commerce $51,317.99 Taxes; Ky Area Solid Waste $67,782.54 Tipping Fees; Ky Area United Way $557.58 Ded; Ky Clinic $133.00 Serv; Ky Concrete $14,869.16 Serv; Ky Crete $409.41 Serv; Ky Cycling & Fitness $7.98 Inv; Ky Glass $16.78 Su; Ky Hub $6,281.90 Serv; Ky Implement $2,066.02 Various; Ky Warehouse $1,014.43 Various; Ky Winlectric $984.67 Various; Ky Yamaha $83.52 Various; Kelly Electric $29.59 Rep; Kelly Supply $1,085.23 Inv; Kewanna Screen Printing $138.63 Containers; KHGI TV $250.00 Serv; Killion Motors $908.08 Various; Kinko's $2.40 Su; Kirkham Michael $2,450.00 Serv; Klaus, M $47.30 Tr; Kuykendall, J $48.30 Tr; L&W Tires $2,590.25 Various; Lab Safety Supply $54.04 Inv; Lakeland Eng $601.64 Su; Lang, L $221.42 Tr; Laser Art Design $206.20 Su; Laughlin, K $254.00 Ded; Lawyers Weekly Publication $179.00 Bks; League of NE Municipalities $32,966.00 Dues; Lerner Group $1,663.55 Bks; Lied Lodge $172.99 Tr; Lindner, S $48.30 Tr; Linweld $37.41 Various; Little Caesar's Pizza $49.53 Various; Lockton $12,300.00 Prem; Logan Contractors $1,497.58 Su; Lorman Education $299.00 Tr; LTs Brokerage $657.45 Serv; Lynch, D $259.06 Tr; Mail Express $17.59 Serv; Manhattan Hampton Inn $67.89 Tr; Marchand, M $147.40 Tr; Marina Inn $130.00 Tr; Marshall Cavendish $612.55 Bks; Martinosky, M $50.00 Reim; McKibben, C $87.45 Tr; McLaughlin, S $200.00 Ins; Microtechnologies $268.50 Equip; Mid America Pay Phones $200.00 Serv; Midlands Contracting $4,050.00 Rep; Midstates Units $200.00 Equip; Midtown Communications $72.00 Serv; Midwest Turf $1,118.97 Various; Milco Env Svcs $803.63 Serv; Miller & Associates $32,181.53 Serv; Mitchell 1 $1,203.30 Renewal; Mosbarger, B $200.00 Ins; Mr. Automotive $1,104.17 Various; Municipal Supply $3,527.48 Various; NAPA All Makes Auto $1,096.61 Various; Nat'l Alliance for Youth Sports $140.00 Certifications; Nat'l Paper Supply $62.74 Su; Nat'l Waterworks $1,800.54 Various; NE Child Support $978.49 Ded; NE Dept of Revenue $70,931.09 Taxes; NE Recreation & Park Assoc $150.00 Dues; NE Machinery $44.80 Inv; NE Golf Assoc $773.74 Dues; NE Humanities Council $50.00 Su; NE Liquor Control $45.00 Fee; NE Municipal Clerks Assoc $30.00 Dues; NE Peterbilt Ford $601.54 Inv; NE Salt & Grain $26,337.77 Su; NE Statewide Arboretum $125.00 Dues; NE Truck Center $353.78 Various; NEland Distribution $300.00 Su; Newman Signs $34.65 Inv; NMVCA $230.00 Tr; Nogg Chemical & Paper $192.36 Inv; Northwest Electric $250.03 Rep; Northwestern Energy $299.99 Serv; Office Max $1,563.56 Various; O'Keefe Elevator $1,016.86 Serv; Omaha World Herald $52.00 Dues; O'Reilly $302.06 Various; Orscheln Farm $247.01 Various; Overhead Door $487.00 Rep; Paradigm Insurance $16,924.62 Prem; Patterson, B $377.17 Various; Paul Otto Curb Grinding $117.00 Serv; PCAN $50.00 Dues; PEP $47.25 Rep; Petro of York $27.00 Tr; Pitney Bowes $149.52 Serv; Platte Valley Comm $1,013.84 Serv; Powderhorn $215.69 Su; Preferred Mail $56.54 Serv; Prescott, J $161.40 Tr; Presto Sales $812.00 Su; Presto X $128.00 Rep; Priority Mgt $16.75 Su; Publishers Education $48.00 Su; Pump & Pantry $34.70 Su; Quality Books $14.70 Bks; Quinlan Publication $82.97 Dues; R&R Mini Mart $2,217.73 Su; Radio Shack $59.98 Su; Rainbow Flume $6,900.00 Rep; Ready Mixed Concrete $7,011.99 Su; Reams Sprinkler $3,021.11 Rep; Recognition Unlimited $111.55 Various; Recorded Books $768.00 Bks; Regional Books $857.89 Bks; Reliable Office Supplies $88.23 Su; Reserve Account $8,000.00 Pstg; Ricks Sod Farm $1,236.40 Su; Rochford, W $16,201.21 Reim; SA Foster $115.92 Su; Saathoff, J $48.30 Tr; Sage, P $51.57 Inv; Sahling Kenworth $874.89 Inv; San Diego Paradise Point $395.78 Tr; Schanou, J $549.45 Tr; Schmitt, J $51.75 Tr; Scholastic Library $606.60 Bks; School Dist #7 $2,119.60 Fee; Schwan's Home Service $703.66 Su; Schweiss $204.47 Rep; Sears $59.99 Su; See Clear Cleaning $1,950.00 Serv; Shamberg, Wolf $3,766.62 Serv; Shell Oil $27.90 Su; Sherwin Williams $226.33 Various; Southwest Air $108.50 Tr; Sprint $30.99 Serv; Senior Hospitality Center $6,337.00 Funding; State of NE DAS Comm $26.66 Serv; State of NE Dept of Aeronautics $370.00 Loan; State of NE HHS Lab $1,472.00 Serv; Steffensmeier, J $392.54 Tr; Steinbrinks Landscaping $96.90 Su; Sun Turf $146.43 Inv; Super Shine $15.50 Rep; Tailor Bill's $114.90 Serv; Target $81.74 Various; Theis, G $28.80 Pc; Thomas, P $194.82 Tr; Thompson, L $75.00 Rep; Thompson, K $189.75 Tr; Titleist Drawer $2,314.06 Inv; TLG $5.79 Su; Tollefsen Elliott $205.81 Various; Tractor-Supply $755.66 Various; Tracy, K $167.30 Tr; Trembly, M $151.34 Tr; U Save Foods $342.77 Various; UAP Pueblo $51.65 Su; UNICO Group $3,351.00 Prem; United Air $560.00 Tr; United Contractors $318,403.59 Serv; United Distillers $139.94 Su; United Seeds $933.50 Su; UPS $26.27 Various; USPS $23.25 Serv; UW Extension Cashier $100.00 Su; Van Diest Supply $454.75 Su; Viking Office Products $64.94 Su; Village Cleaners $132.88 Rep; Visionary Systems $495.00 Reg; Wagner Irrigation $698.60 Various; Walgreen's $16.26 Su; Walmart $2,700.82 Various; Warrington, D $241.25 Tr; Washington State Support $102.01 Ded; Wiederspan, R $136.00 Tr; Wilke Donovans True Value $56.20 Various; Winfield Concrete Leveling $866.00 Serv; Woodside, M $81.10 Tr; Xerox $1,067.67 Serv; Yant Equipment $1,704.84 Rep; Yellow Pages $89.00 Serv; Payroll Ending 09-20-2003 -- $234,749.06; and Payroll Ending 10-04-2003 -- $251,041.21.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve Change Order No. 1 for an increase in the amount of $124.76 submitted by Interstate Structures and approved by Miller & Associates in connection with the Law Enforcement Center Addition/Alterations and approve Resolution No. 2003-178.

 

RESOLUTION NO. 2003-178

 

WHEREAS, Interstate Structures, Inc. has performed services in connection with the additions and alterations to the City of Kearney/Buffalo County Law Enforcement Center, and the City’s engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $124.76 as shown on Exhibit “A” attached hereto and made a part hereof by reference.

 

Original Contract Sum

$338,800.00

Change Order No. 1 (10-14-2003)

+       124.76

Contract Sum to Date

$338,924.76

 

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

            PASSED AND APPROVED THIS 14TH DAY OF OCTOBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

4.         Approve Change Order No. 2 for a decrease in the amount of $53,791.10, Application and Certificate for Payment No. 8-Final in the amount of -$3,325.09, and the Certificate of Substantial Completion submitted by Blessing LLC and approved by Miller & Associates in connection with the 2002 Part III Improvements consisting of Paving Improvement District No. 2001-865 for Kea West Avenue from 11th Street south a distance of 2777± feet, Paving Improvement District No. 2001-866 for 11th Street from 116 feet east of 17th Avenue to Kea West Avenue and approve Resolution No. 2003-179.

 

RESOLUTION NO. 2003-179

 

WHEREAS, Blessing, LLC has performed services in connection with the 2002 Part III Improvements consisting of Paving Improvement District No. 2001-865 for Kea West Avenue from 11th Street south a distance of 2777± feet, Paving Improvement District No. 2001-866 for 11th Street from 116 feet east of 17th Avenue to Kea West Avenue, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing a decrease in the amount of $53,791.10 to the contract sum as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Blessing, LLC and the City's engineer, Miller & Associates, have filed with the City Clerk, Application and Certificate for Payment No. 8-Final in the amount of ($3,325.09) as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,198,207.00

Change Order No. 1 (11-08-2002)

Change Order No. 2 (10-14-2003)

+  9,236.00

- 53,791.10

Contract Sum To Date

1,153,651.90

Gross Amount Due

1,153,651.90

Retainage

.00

Amount Due to Date

1,153,651.90

Less Previous Certificates for Payment

1,156,976.99

 

 

Current Payment Due Contractor

$     .00

 

 

Payment Due City from Contractor for Liquidated Damages

 

$3,325.09

 

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of October 18, 2002, 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. 8-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 14TH DAY OF OCTOBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

5.         Approve the “Agreement for the Establishment and Operation of the League Association of Risk Manager under the Intergovernmental Risk Management Act and the Interlocal Cooperation Act of the State of Nebraska” and approve Resolution No. 2003-180.

 

RESOLUTION NO. 2003-180

 

            WHEREAS, the Nebraska Legislature created the Intergovernmental Risk Management Act; and

            WHEREAS, the League Association of Risk Management was established by municipalities for the benefit of members’ citizens;

            WHEREAS, the governing body of Kearney, Nebraska approved the document entitled Agreement for the Formation of the League Association of Risk Management and entered into the Agreement for participation in the League Association of Risk Management Pool; and

WHEREAS, the attachments are intended to update the Agreement to comply with the recommendations of the Department of Insurance;

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the attached amendments to the Agreement for the Formation of the League Association of Risk Management (dated 10/1/2003) are hereby adopted.

            PASSED AND APPROVED THIS 14TH DAY OF OCTOBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

6.         Approve Resolution No. 2003-181 allowing the City of Kearney to obtain contribution credits provided by the League Association of Risk Management and to extend the City of Kearney’s participation in the League Association of Risk Management through September 30, 2006.

 

RESOLUTION NO. 2003-181

 

WHEREAS, the League Association of Risk Management was established by municipalities for the benefit of municipal citizens; and

            WHEREAS, the City of Kearney, Nebraska is a member of the League Association of Risk Management (LARM) since July of 1995;

            WHEREAS, the League Association of Risk Management Pool continues to provide superior coverage and service at a savings to its members; and

            WHEREAS, the City of Kearney wants to continue receiving superior coverage and service at a savings through multi-year participation; and

            WHEREAS, Section 8.10 of the Interlocal Agreement for the Establishment and Operation of the League Association of Risk Management provides that a member may voluntarily terminate its participation in LARM by written notice of termination given to LARM and the Director of Insurance at least 90 days prior to the desired termination date and that members may agree to extend the required termination notice beyond 90 days in order to realize reduced excess coverage costs, stability of contribution rates, and efficiency in operation of LARM; and

            WHEREAS, the Board of Directors of LARM has adopted a plan to provide contribution credits in consideration of certain agreements by members of LARM as provided in a letter dated October 1, 2003, marked Exhibit “A” attached hereto and made a part hereof by reference.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City of Kearney, Nebraska agrees to extend its participation in the League Association of Risk Management through September 30, 2006.

            BE IT FURTHER RESOLVED by the President and Council of the City of Kearney, Nebraska that the governing body of Kearney, Nebraska, in consideration of the contribution credits provided under the LARM Board’s plan, agrees to provide written notice of termination at least 180 days prior to the desired termination date, which date shall be no sooner than September 30, 2006.

            PASSED AND APPROVED THIS 14TH DAY OF OCTOBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

7.         Approve the recommendation from the City Manager on the reappointment of Lorin Downing to serve on the Planning Commission and the reappointment of Barry Sherman to serve on the Civil Service Commission.

 

8.         Approve the recommendation from the Mayor on the reappointment of Larry Butler to serve on the Community Redevelopment Authority and the reappointment of Leonard Skov to serve on the Airport Advisory Board.

 

9.         Approve the request to extend Conditional Use Permit No. 1999-07 granted to South Central Behavioral Services for a boarding house for men in the transitional/early stages of chemical dependency recovery located at 2701 Central Avenue for a period of two years.

 

10.        Approve setting October 28, 2003 at 7:30 p.m. as time and date for the Board of Equalization to assess costs for the 2002 Part III Improvements consisting of Paving Improvement District No. 2001-859 for the alley between 26th Street and 27th Street from 1st Avenue to 2nd Avenue, Paving Improvement District No. 2001-865 for Kea West Avenue from 11th Street south a distance of 2777± feet, and Paving Improvement District No. 2001-866 for 11th Street from 116 feet east of 17th Avenue to Kea West Avenue.

 

11.        Approve the recommendation from Administration on the purchase of an Automated Side Loading Refuse Collection truck for the Utilities/Sanitation Division in the amount of $134,386.00 from Elliott Sanitation Equipment from Lincoln, Nebraska.

 

12.        Approve the recommendation from Administration on the purchase of a 10-yard dump truck for the Public Works/Transportation Division in the amount of $77,963.00 from Nebraska Truck Center.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 6999 – REZONING; WEST OF 600 LANDON STREET

 

Council Member Clouse introduced Ordinance No. 6999, being Subsection 1 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as part of Lot 3 and accretions located in Section 12, Township 8 North Range 16 West of the 6th P.M., containing 0.93 acres, more or less, Buffalo County, Nebraska (west of 600 Landon Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Hadley 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: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 6999 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 6999 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6999 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7000 – REZONING SOUTH OF 56TH STREET, WEST FROM HOEHNER ESTATES 3RD ADDITION, NORTH OF WELLINGTON GREENS AND NORTH OF NORTH BY NORTHWEST ADDITION

 

Moved by Buschkoetter seconded by Blankenship to table until October 28, 2003 Ordinance No. 7000 rezoning from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family (Low Density) District” property described as being part of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 13.07 acres, more or less, Buffalo County, Nebraska (south of 56th Street, west from Hoehner Estates 3rd Addition, north of Wellington Greens and north of North by Northwest Addition). Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

ORDINANCE NO. 7001 – REZONING SOUTH OF 56TH STREET LYING WEST OF NORTHRIDGE RETIREMENT SUBDIVISION

 

Moved by Blankenship seconded by Kearney to table until November 11, 2003 Ordinance No. 7001 rezoning from “District AG, Agricultural District” to “District R-3, Urban Residential Multi-Family (Medium Density) District” property described as a tract of land being part of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 15.34 acres, more or less, Buffalo County, Nebraska (south of 56th Street lying west of Northridge Retirement Subdivision).  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

ORDINANCE NO. 7002 – VACATE PORTION OF 33RD STREET

 

The applicant is requesting vacation of a portion of 33rd Street directly south of First Evangelical Lutheran Church. The requested area for vacation is from the east line of Avenue G, east for a distance of 272 feet (approximate) to the west line of Avenue H.

 

The church owns several lots on the south side of 33rd Street which will eventually be developed as additional parking. At this time the applicant is requesting vacation of the street to accommodate an additional row of parking on the south end of the parking lot. The utilities that exist underground will remain and a utility easement will be retained for existing utilities. The existing alley must remain open to public use and consequently the alley must make a ninety-degree turn to the east or to the west to access the public street at Avenue G or Avenue H. Staff requested the exact location of the alley be determined so it can be recorded as a dedicated public alley for the residents that use it. Staff will review the parking lot plans prior to construction to determine the best location for the alley.

 

Mitch Humphrey stated that the First Lutheran Church is located on 34th Street between Avenue H and Avenue G.  This site is a piece of street that is 33 feet in width that is located south of the church.  It is difficult to determine where the Church property begins and the street right-of-way ends.  This church is having a significant amount of growth and need more parking.  In the future, they want to expand the parking lot further to the south, so the street needs to be vacated.  This will allow for more parking lot and assure that the alley access between the lots is maintained.  As the parking lot is developed, he will work with Public Works to see that proper easements are granted.  There is about a half block to the south that is owned by individuals other than the church.  The church is a good neighbor to live next to and they don’t anticipate any problems.  There was no opposition by any one to the expansion at the Planning Commission.  A portion of the alley will be paved which will enhance access to the street. 

 

Council Member Kearney introduced Ordinance No. 7002, being Subsection 4 of Agenda Item VI to vacate 33rd Street from the east line of Avenue G to the west line of Avenue H as it abuts Lot 10, Northeast Quarter School Section Addition AND Lots 41 and 80, Switz’s Subdivision, all in the City of Kearney, Buffalo County, Nebraska subject to the compliance of the requirement that provisions for public access be guaranteed from the public street to the public alley during all phases of the parking lot expansion; such access shall be recorded on an ingress-egress roadway easement filed by the applicant with the Buffalo County Register of Deeds, 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: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 7002 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Clouse seconded by Hadley that Ordinance No. 7002 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7002 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.

 

AMENDMENT TO NPPD’S RETAIL SERVICE AREA TO INCLUDE INGALLS CROSSING THIRD ADDITION

 

Council member Stan Clouse vacated his chair and abstained from discussion and voting on this matter for the reason he is employed by NPPD.

 

Mayor Blankenship opened for discussion joining with NPPD as a co-applicant to the Nebraska Power Review Board for an amendment to NPPD’s retail service area which includes the City to include the newly annexed land of Ingalls Crossing Third Addition to the City of Kearney, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the east) and to consider Resolution No. 2003-182.

 

At the last Council meeting (September 23rd) the Council included Ingalls Crossing Third Addition within the corporate boundaries of the City. In order for electrical service to be provided to the area, NPPD will need to apply to the Nebraska Power Review Board for an order amending its existing retail service area to include Ingalls Crossing Third Addition into the corporate boundaries. The City of Kearney has an interest in the outcome of such application by reason of its rights under the Professional Retail Operations Agreement and will be a co-applicant with NPPD to the Nebraska Power Review Board.

 

The City currently receives 12% electrical lease payment from NPPD pursuant to the Professional Retail Operations Agreement. Electrical services provided within the newly annexed land will be subject to the 12% electrical lease payment.

 

Moved by Hadley seconded by Buschkoetter to authorizing the City of Kearney to join with NPPD as a co-applicant to the Nebraska Power Review Board for an amendment to NPPD’s retail service area which includes the City to include the newly annexed land of Ingalls Crossing Third Addition to the City of Kearney, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the east) and approve Resolution No. 2003-182.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None.  Clouse abstained. Motion carried.

 

RESOLUTION NO. 2003-182

 

            WHEREAS, on September 23, 2003, the Kearney City Council passed and approved Resolution No. 2003-121 including “INGALLS CROSSING THIRD ADDITION” within the corporate boundaries of the City of Kearney said property described as tract of land located in the Northwest Quarter and the Southwest 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 found 5/8” rebar in a steel survey monument box, being the west quarter corner of Section 24; thence S89°52’16”E (an assumed bearing), and on the north line of the Southwest Quarter of Section 24 a distance of 95.83 feet to a found 5/8” rebar being a point on the east right-of-way line of U.S. Highway #10 and the POINT OF BEGINNING; thence continuing on the last described course, S89°52’16”E, and on the north line of the Southwest Quarter of said Section 24 or the south right-of-way line of said U.S. Highway #10 a distance of 12.59 feet to a found 5/8” rebar being a point on the east right-of-way line of said U.S. Highway #10; thence N00°14’24”E and on the east right-of-way line of said U.S. Highway #10 a distance of 330.08 feet to a found 5/8” rebar; thence S89°52’13”E a distance of 1058.08 feet to a set 5/8” rebar; thence S00°07’47”W a distance of 80.0 feet to a set 5/8” rebar; thence S00°15’38”W a distance of 787.03 feet to a set 5/8” rebar; thence N89°44’22”W a distance of 863.63 feet to a set 5/8” rebar; thence S00°15’38”W a distance of 29.88 feet to a set 5/8” rebar being the point of curvature; thence on a curve to the left having a radius of 220.0 feet an arc length of 143.04 feet and a central angle of 37°15’12” with a chord bearing of S18°21’58”E a chord distance of 140.54 feet to a set 5/8” rebar, being the point of tangency; thence S36°59’34”E a distance of 110.64 feet to a set 5/8” rebar being the point of curvature; thence on a curve to the right having a radius of 330.0 feet an arc length of 214.72 feet and a central angle of 37°16’49” with a chord bearing of S18°21’10”E a chord distance of 210.95 feet to a set 5/8” rebar being the point of tangency; thence S00°17’14”W a distance of 190.0 feet to a set 5/8” rebar; thence N89°42’46”W a distance of 408.71 feet to a set 5/8” rebar being a point is on the east right-of-way line of said U.S. Highway #10; thence N00°17’14”E and on the east right-of-way line of said U.S. Highway #10 a distance of 556.03 feet to a found 5/8” rebar; thence S89°49’51”E a distance of 179.35 feet to a found 1¼” pipe; thence N00°15’38”E a distance of 487.04 feet to a found 1” pipe; thence N89°47’53”W a distance of 166.87 feet to a found 5/8” rebar being a point on the east right-of-way line of said U.S. Highway #10; thence N04°29’11”E and on the east right-of-way line of said U.S. Highway #10 a distance of 132.53 feet to the point of beginning and containing a calculated area of 1,066,582.02 square feet or 24.485 acres, more or less, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the east); and

            WHEREAS, the Nebraska Public Power District (NPPD) will apply to the Nebraska Power Review Board for an order amending its existing retail service area, which includes the City of Kearney, to include the above described property into the corporate boundaries of the City of Kearney, Nebraska; and

            WHEREAS, the City of Kearney has an interest in the outcome of such application by reason of its rights under the Professional Retail Operations Agreement with NPPD approved on July 11, 1989, pursuant to which NPPD operates and maintains the electric distribution system owned by the City of Kearney; and

            WHEREAS, it is determined by the City Council that it would be desirable and in the best interests of the City of Kearney to join with NPPD as a co-applicant to the Nebraska Power Review Board.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City of Kearney, Nebraska, be authorized to join with NPPD as a co-applicant to the Nebraska Power Review Board for an amendment to NPPD’s retail service area which includes the City to include the above described property into the corporate boundaries of the City of Kearney, Nebraska in said retail service area.

            BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized to execute on behalf of the City of Kearney a joint application with NPPD to the Nebraska Power Review Board and to cooperate with NPPD in the prosecution of its application.

            BE IT FURTHER RESOLVED that such joint application shall be prosecuted at the sole cost and expense of NPPD.

            PASSED AND APPROVED THIS 14TH DAY OF OCTOBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

OPEN ACCOUNT CLAIMS --      NPPD -- $3,257.46

 

Moved by Buschkoetter seconded by Blankenship that Open Account Claims in the amount of $3,257.46 payable to NPPD be allowed.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None.  Clouse abstained.  Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Buschkoetter that Council adjourn at 7:56 p.m.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

                                                                                    BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK