Kearney, Nebraska
October 28, 2003
7:30 p.m.
Prior to
the regular Council meeting, the Council met as the Board of Directors for the
Kearney Municipal Airport Corporation in open and public session at 7:30 p.m. on October 28, 2003
in the Council Chambers at City Hall. This meeting adjourned at 7:43 p.m. A meeting of the City Council of Kearney, Nebraska,
was then convened in open and public session at 7:44 p.m. in the Council Chambers at City Hall. Present were: Bruce
Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council
Members Randy Buschkoetter, Galen Hadley, Don Kearney, and Stan Clouse. 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: John Albers, Dennis McCain, Janna Wiederspan, Timmeree Wiederspan,
Elizabeth Merrifield, Ron Ridgway, Scott Sanders, Danny Starostka, Dave Behle, Cole
Spresser from UNK Student Director of Community Relations, 3 UNK Students, 15
Boy Scouts and parents, Mike Konz from Kearney Hub.
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
The Council held a moment of silence.
PLEDGE OF
ALLEGIANCE
Boy Scouts from Troop 139 and Troop 158 led the Council
members and audience in the Pledge of Allegiance.
RECOGNITION
– RODNEY WIEDERSPAN AND REX RODEHORST
Mayor Blankenship and Council Members recognized Rex Rodehorst
for 15 years of service with the Park & Recreation/Golf Division. He was
presented a watch. Council members also recognized Rodney Wiederspan for 20
years of service with the Public Works Department. He was presented a watch and
a plaque.
RECOGNITION
– RISK MANAGEMENT PROGRAM
Yvonne McConnell, representative from the League Association
of Risk Management recognized the City of Kearney for their commitment to risk management. A Certificate of Recognition
was presented to the City Clerk.
ORAL
COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
REZONING – SOUTH OF 56TH STREET, WEST FROM HOEHNER ESTATES 3RD ADDITION, NORTH OF WELLINGTON GREENS AND NORTH OF NORTH BY
NORTHWEST ADDITION
This public hearing and the next two public hearings were
discussed together but voted on separately.
Moved by Buschkoetter seconded by Blankenship to remove from
the table 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, Hadley,
Clouse, Kearney, Buschkoetter. Nay: None. Motion
carried.
Mayor Blankenship stated that the Planning Commission
recommended approval.
The applicant is requesting approval of a residential
subdivision located south of 56th Street, west of Hoehner Estates and north of North by Northwest Addition and
Wellington Greens. This project requires consideration of rezoning the
property, platting the property and annexation of the property. The overall
parcel contains 91.62 acres and the first phase to be known as North Park consists of 30 lots on 13.07 acres.
Rezoning
The applicant is requesting rezoning from District A,
Agriculture to District R-1, Urban Residential Single-Family. The area to be
rezoned contains 13.07 acres which corresponds to the area to be Final Platted
for the first phase. R-1 zoning is in conformance with the Land Use Map of the
Comprehensive Development Plan and will fit nicely into the surrounding
neighborhood.
Subdivision Plats
The Preliminary Plat consists of 91.62 acres. The Final Plat
consists of 13.07 acres and 30 lots arranged on each side of 50th Street. A Public Works Plan has been
prepared and submitted. The design and computations for the stormwater
detention cell have been provided to the City Engineer. A 60-foot wide roadway
and utility easement will extend from the east line of the Final Plat eastward
along the future 50th
Street alignment to
ultimately tie into 17th
Avenue. A portion of 50th Street to the east of this subdivision
traverses Hoehner Estates. The proposed easement will insure that 50th Street is ultimately constructed along its
proposed alignment from North
Park to 17th Avenue.
The Developer desires to construct the required public
infrastructure so a Development Agreement has been prepared and executed and is
included in the attachments. The Utilities Department wants to extend a water
main west in 56th
Street from 17th Avenue. The Development Agreement obligates
the Owner to pay his share of the water district.
Outlots A, B, and C comprise the drainage areas and stormwater
detention area. The Park and Recreation Department may develop a trail link and
possibly other amenities in these outlot areas in the future. The Development
Agreement is written such that the City is under no obligation to develop park
and recreation facilities but the land is reserved for that purpose if, in the
future, the Park and Recreation Department wants to pursue it. In the meantime,
maintenance obligations for these open spaces are by the Owner as specified in
the agreement. Discussion was held at the Planning Commission hearing about
neighborhood concerns for school age children accessing Windy Hills School and the lack of sidewalk
connections in critical areas such as Ted Baldwin Park and Richard Young Hospital.
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.
The Planning Commission recommended approval of the rezoning
as requested. The Planning Commission also recommended approval of the
Preliminary and Final Subdivision Plats, specifying that a 20-foot easement be
reserved to the west side of the development for a hike-bike trail (part of
the Development Agreement). A Utility Easement is required by separate
instrument for Lots 1, 2, 3, and 4 of Block 1. (Done).
Planning Commission also recommended that the Parks and
Recreation Department consider sidewalk construction through Ted Baldwin Park
allowing better and safer access to Windy Hills School. The Commission also recommended to the developer that
consideration be given to redesign the lot structure shown on the Preliminary
Plat because of floodplain and drainage issues. Planning Commission recommended
approval of incorporation of the subject property within the corporate boundary
of the city.
Ron Ridgway from Miller & Associates presented this
matter to the Council. He stated they are hoping to start construction this
fall and winter. They want to get the underground utilities in and get as much
as possible done as weather permits.
Director of Public Works Rod Wiederspan stated at the
Planning Commission there were a couple of residents of Wellington Greens, who
expressed concerns about the lack of sidewalks from Wellington Greens through
Ted Baldwin Park area to the Windy Hills School. Planning Commission recommended that the City take a look
at this matter at the next budget session on getting the sidewalks installed.
City Manager Allen Johnson stated that under the City’s new Comprehensive Plan,
there are impact fees that go with new development. He believed that the developer
needs to be required to be responsible for these fees because of the impact
they create.
At the Planning Commission, one resident was concerned about
the Hike/Bike Trail being basically in her backyard. On the plat, a 20-foot
no-build easement was added, which would keep that sidewalk 20 feet from her
property. Mr. Wiederspan stated there is plenty of room on that piece of
property to get a sidewalk with a nice buffer from the neighborhood. The area
is for park use to put the trail in at some future date when funds are
available and is part of the subdivision agreement.
There was no one present in opposition to this hearing.
Moved by Blankenship seconded by Kearney to close the
hearing and approve 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, Clouse, Kearney, Buschkoetter, Hadley. Nay: None.
Motion carried.
FINAL PLAT –
NORTH PARK ADDITION
Moved by Buschkoetter seconded by Blankenship to remove from
the table 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) and Resolution No. 2003-175. Roll call resulted as follows:
Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
Mayor Blankenship stated the Planning Commission recommended
approval. Administration recommends approval subject to execution of the
Development Agreement which Agreement shall be filed with the Final Plat with
the Register of Deeds.
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 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) and approve Resolution No. 2003-175 subject to the
execution of the Development Agreement which Agreement shall be filed with the
Final Plat with the Register of Deeds. Roll call resulted as follows: Aye:
Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay:
None. Motion carried.
RESOLUTION NO. 2003-175
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF
THE CITY OF KEARNEY, NEBRASKA, that the plat of “NORTH PARK”, 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 Development
Agreement, marked as Exhibit “A” be and is hereby approved and ordered filed
and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska
with the Final Plat by the Developer.
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 28TH DAY OF OCTOBER, 2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
NORTH PARK ADDITION – INCLUSION WITHIN CORPORATE BOUNDARY
Moved by Buschkoetter seconded by Blankenship to remove from
the table 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) and approve
Resolution No. 2003-176. Roll call resulted as follows: Aye: Blankenship,
Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion
carried.
Mayor Blankenship stated the Planning Commission recommended
approval.
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 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) and approve Resolution
No. 2003-176. Roll call resulted as follows: Aye: Blankenship, Buschkoetter,
Hadley, Clouse, Kearney. Nay: None. Motion carried.
RESOLUTION NO. 2003-176
WHEREAS, an Application has been 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 a tract of land being part of the Northeast Quarter of
Section 27, Township 9 North Range 16 West of the 6th P.M., Buffalo County,
Nebraska, more particularly described as follows: Referring to the southwest
corner of said Northeast Quarter; thence N00º21’11”W (assumed bearing with all
other bearing shown hereon relative thereto) along the west line of said
Northeast Quarter a distance of 405.99 feet to the intersection of said west
line and the north line of Wellington Greens, an addition to the City of
Kearney, Buffalo County, Nebraska, extended westerly; thence N89º05’10”E along
said north line extended a distance of 250.33 feet; thence N00º53’56”W a
distance of 197.56 feet; thence N89º05’10”E parallel with said north line a
distance of 71.51 feet; thence N00º54’50”W perpendicular to said north line a
distance of 130.00 feet; thence N89º05’10”E parallel with said north line a
distance of 200.00 feet; thence S00º54’50”E perpendicular to said north line a
distance of 15.00 feet; thence N89º05’10” parallel with said north line a
distance of 203.17 feet; thence N66º25’08”E a distance of 130.00 feet; thence
S26º39’01”E a distance of 39.70 feet; thence N89º05’10”E parallel with north
line a distance of 853.80 feet; thence S00º54’50”E perpendicular to said north
line a distance of 15.00 feet; thence N89º05’10”E parallel with said north line
a distance of 321.07 feet to the west line of Hoehner Estates Third Addition,
an addition to the City of Kearney; thence S00º35’36”E along said west line a
distance of 312.56 feet to the northeast corner of Lot 8, North by Northwest
Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence
S89º05’10”W along the north line of said North by Northwest Addition and the
north line of said Wellington Greens a distance of 1784.72 feet to the Point of
Beginning, said tract containing 13.07 acres, more or less, all located in
Buffalo County, Nebraska (south of 56th Street, west from Hoehner Estates 3rd
Addition, north of Wellington Greens and north of North by Northwest Addition);
and
WHEREAS, the Kearney City Planning
Commission has received and held a public hearing on October 1, 2003 on the
inclusion of “NORTH PARK” 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 “NORTH PARK” 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 28, 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 “NORTH PARK”
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 “NORTH PARK” 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 28TH DAY OF OCTOBER,
2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
REZONING - SOUTH OF 56TH STREET LYING WEST OF NORTHRIDGE RETIREMENT SUBDIVISION
Mayor Blankenship stated that public hearings 4 and 5
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. On October 17th,
the Planning Commission continued this matter until November 21, 2003. 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 Hadley seconded by Buschkoetter to table until
December 9, 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 Hadley seconded by Buschkoetter to table until
December 9, 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.
BOARD OF EQUALIZATION – 2003 PART III IMPROVEMENTS
Mayor Blankenship stated that Section 16-707 of the Nebraska
Revised Statutes also requires notice be given at least ten days prior thereto
by publication in a newspaper having general circulation in the city. This
required notice was not published as required. Because published notice is a
requirement, the Council will not meet as a Board of Equalization at this time.
They will, however, meet as the Board of Equalization on November 11, 2003.
Moved by Buschkoetter seconded by Blankenship to table the
public hearing for the Council to meet as a Board of Equalization until November 11, 2003. Roll call resulted as follows:
Aye: Blankenship, Clouse, Kearney,
Buschkoetter, Hadley. Nay: None. Motion carried.
IV. CONSENT AGENDA
Moved by Blankenship seconded by Kearney that Subsections 1 through 8 of
Consent Agenda Item IV be approved. Roll call resulted as follows: Aye:
Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay:
None. Motion carried.
1. Approve Minutes of
Regular Meeting held October
14, 2003.
2. Ace
Hardware $36.88 Various; Advance Auto Parts $4.63 Su; Aervoe-Pacific $576.00
Inv; All Makes Auto Parts $188.68 Rep; Alltel $1,175.02 Serv; Amer Electric
$682.28 Various; Amer Fence $10,960.54 Various; APWA $1,050.00 Tr; Amoco $22.83
Tr; Anderson Bros $57.00 Rep; Anixter $271.65 Rep; Antelope Newspaper $69.00 Serv;
Applebee's $34.30 Tr; APWA $130.00 Tr; Arff Working Group $125.00 Dues; Arrow
Seed $586.00 Various; Artic Refrigeration $86.20 Rep; Aspen Publications
$670.96 Su; Baker & Taylor $2,934.02 Bks; BBC Audiobooks $206.13 Bks;
Bennett, T $1,496.25 Serv; Big Flag $220.23 Inv; BlueCross BlueShield of NE
$48,366.20 Claims; Bob's Super Store $158.61 Su; Books on Tape $243.20 Bks; Bosselman
Energy $10,153.90 Inv; Brunkhorst, J $10.00 Ref; Buck Enterprises $900.00 Serv;
Buffalo Co Court $161.26 Ded; Buffalo Co District Court $171.50 Various;
Buffalo Surveying $651.26 Serv; Buggy Bath $8.00 Rep; Builders $3,236.26
Various; Cabela's $2,498.46 Various; Cain Consulting Group $283.00 Serv; Call
One $1,840.98 Equip; Cantene Grill $18.04 Tr; Cash Wa $10.20 Su; CDSI $3,687.45
Claims; CDW Gov't $855.52 Su; Central Dist Health Dept $3,064.00 Various;
Central Fire $1,825.17 Su; Central Hydraulic Systems $5,197.11 Various; Central
NE Bobcat $72.09 Inv; Charter Media $400.00 Serv; Chesterman $988.21 Su;
Child's World $2,524.80 Bks; City of Ky $280,898.37 Various; Claire's Boutiques
$50.00 Comm Betterment; Clark Enersen Partners $574.26 Serv; CLH $309.00
Weather Computer; Clifford of Vermont $351.90 Su; Cold Spring Granite $86.40
Su; College Savings Plan of NE $245.00 Ded; Computer Warehouse #4 $17.99 Su;
Construction Rental $207.90 Various; Copycat Printing $283.43 Various; Cowpoke
$191.30 Cla; Creative $2,021.43 Bks; Crossroads Ford $574.90 Inv; Culligan
$97.50 Various; Cummins Great Plains $147.07 Inv; Dannehl's Feed $64.45 Su;
Dave Waggoner Plbg $526.00 Rep; Dawson Co PPD $1,983.33 Serv; Days Inn of
Scottsbluff $211.20 Tr; Demco $17.17 Su; Depository Trust $212,961.25 Bonds; Deterdings
$96.59 Various; Diamond Vogel Paints $23.45 Su; Dobberstein Roofing $60,688.86 Serv;
Dowling, J $51.75 Tr; Dubs $53.98 Inv; Eakes $6,012.12 Various; EFI-Wright Sales
$13,492.85 Rep; Elliott Equipment $934.83 Inv; English, P $49.65 Cla;
Expression Wear $288.00 Cla; Exxonmobile $8.13 Tr; Fairbanks Int'l $362.03
Various; Fairfield Inn-Lincoln $87.95 Tr; Farmers Union Coop $778.21 Su; Fastenal
$323.60 Inv; Fedex $90.29 Serv; Fiddelke Htg $114.45 Rep; Fireguard $275.96 Su;
Fleetpride 500 $834.30 Inv; Flying J/CFJ $26.97 Tr; Foley, E $7,965.99 Various;
Fremont Nat'l Bank $33,822.08 Ded; Friends of Keene Memorial Library $106.92
Su; Gale Research $76.70 Bks; Gangwish Turf $13.57 Su; GAPPA $320.00 Su;
Garrett Tires $1,913.28 Rep; Gary's I-80 $260.00 Serv; Gordon's Small Engine
Repair $659.95 Various; GFOA $113.61 Bks; Graham Tire $488.03 Inv; Grainger
$1,135.02 Su; Grand Central IGA $50.50 Su; Great American Outdoor $198.23 Rep;
H&G Cleaners $529.34 Serv; H&H Distributors $343.80 Su; Hach $394.75
Rep; Hastings $291.62 Various; Holmes Plbg $726.74 Various; Hometown Leasing
$206.00 Rep; Hooker Bros $152.43 Su; ICC Acquisition $4.00 Bks; ICMA RC
$2,513.05 Ded; Int'l Assoc for Property & Evidence $300.00 Tr; IRS
$82,206.51 Ded; International $643.99 Dues; Interstate All Battery $67.45 Su;
Intuit Software $57.40 Su; ISDN $14.95 Serv; Jack Lederman Co $46.43
Containers; JC Penney $1,336.40 Cla; Johnson Lawn $108.50 Serv; Johnson, B $90.00
Ref; JR's Western $2,724.43 Cla; K&K Parts $271.54 Various; K Mart $415.79 Cla;
Karl Kuemmerling's $84.06 Rep; Ky Centre Vac $16.50 Su; Ky Clinic $301.00 Serv;
Ky Glass $153.74 Su; Ky Implement $1,179.87 Various; Ky Literacy Council
$125.00 Reg; Ky Winlectric $821.58 Various; Kelly Electric $42.00 Rep; Kelly
Supply $731.35 Inv; Killion Motors $270.06 Inv; Kirkham Michael $9,073.21 Serv;
L&W $2,732.98 Various; Lakeland Engineering $57.33 Serv; Lasertec of NE
$184.00 Su; Lauby, D $10.00 Ref; Laughlin, K $254.00 Ded; Lawson Products
$201.25 Various; LARM $534,743.00 Prem; League of NE Municipalities $120.00 Tr;
Lied Lodge & Conf Ctr $130.00 Tr; Linweld $2,884.78 Su; Lisa's Instant
Print $9.00 Su; LTs Brokerage $657.45 Serv; Marlatt Machine Shop $963.34 Various;
McCollister & Co $584.10 Inv; Michael Todd $57.85 Inv; Mid American
Specialties $1,064.45 Bks; Mid State Units $30.00 Su; Midwest Turf $472.03
Various; Miller & Associates $21,324.60 Serv; Miller Signs $300.00 Signs;
MPLA $113.00 Tr; Mr. Automotive $1,347.77 Various; Municipal Services $96.82
Su; Murphy Tractor $230.28 Inv; Naden Ind $117.50 Rep; NAFI $40.00 Dues; NAPA
$1,857.20 Various; Nat'l Paper Supply $54.36 Su; Nat'l Waterworks $117.23 Inv;
NCS Equip Rental $312.75 Various; NE Chapter APWA $720.00 Tr; NE Child Support
$978.49 Ded; NE DEQ $23,357.81 Various; NE Dept of Revenue $15,967.80 Taxes; NE
I.A.I. $30.00 Dues; NE Golf $428.00 Rentals; NE Golf & Turf $257.54 Rep; NE
Machinery $1,586.33 Inv; NE Peterbilt Ford $54.95 Inv; NE Truck Center $202.78
Su; NE Workforce Development $150.00 Serv; NEland Distributors $160.00 Su; New
World Systems $3,724.21 Software; NFS Omnigraphics $175.00 Bks; Nogg Chemicals
$787.50 Inv; Northwestern Energy $2,850.88 Serv; NWA Air $268.50 Tr; Office Max
$510.69 Su; Officenet $2,292.36 Various; Old Navy $50.00 Comm Betterment; Orbitz
$12.00 Tr; O'Reilly $68.20 Inv; Orscheln $1,048.12 Various; Paramount $22.50
Su; Paul Otto Curb Grinding $36.00 Serv; PBD Ala-Graph Editions $98.10 Su;
Pierson, Fitchett $418.00 Serv; Pioneer Mfg $759.00 Su; Platte Valley Comm
$697.46 Various; Platte Valley State Bank $996.13 Serv; Potter Cenex $26.00 Tr;
Powerplan $2,143.87 Rep; Precision Small Engine $246.26 Rep; Preferred Mail
$168.82 Serv; Presto-X $138.00 Serv; Printpal.Com $509.74 Su; Pueblo Chemicals
$288.40 Rep; Pump & Pantry $46.19 Tr; Quality Inn Suites $59.00 Tr; Ragan Comm
$28.88 Bks; Reams Sprinkler $2,516.95 Su; Recorded Books $809.50 Bks; Redmans
Shoes $1,935.82 Cla; Reliable Chimes $89.90 Equip; Resource Mgt $904.50 Tire
Disposal; Riverside Animal Hospital $3,046.25 Serv; Rockwell Automation $172.00
Rep; Saathoff, J $34.18 Tr; Sahling Kenworth $485.53 Inv; Seminars $69.00 Tr; Sesna,
D $231.84 Tr; Shirt Shack $1,921.40 Su; Sign Center $110.00 Su; Sorensen Group
$25,553.00 Serv; Sport Supplies $111.39 Su; Sporting Edge $134.97 Su; Starostka
Group $17,236.80 Serv; State Fire Marshal Training $140.00 Su; Steinbrinks
Landscaping $2,670.61 Su; Subway $79.48 Su; Sun Turf $60.37 Inv; Superior
Signals $89.70 Inv; T&B Cleaning $1,500.00 Serv; T&F Sand & Gravel
$244.15 Su; Target $51.55 Various; Thirsty's/Baskin Robins $3.51 Su; Thompson,
K $615.00 Tr; Thrifty Car Rental $224.76 Tr; Title $646.65 Comm Betterment; Tollefsen
Elliott $1,376.51 Various; Tractor Supply $1,181.56 Various; Tranquility
Massage Therapy $80.00 Serv; Tri-City Outdoor Power $19.40 Su; Tri-City Storm
$3,000.00 Serv; U Save Foods $270.36 Su; UAP Pueblo $1,384.55 Su; United Air
$627.50 Tr; United Seeds $1,314.00 Su; UPS $22.32 Serv; US Bank $55,146.25 Prin,
Int; Village Cleaners $157.75 Cla; Viter, T $51.75 Tr; Waldenbooks $367.31
Various; Walgreens $3.99 Inv; Walmart $4,180.75 Various; Washington State
Support $102.01 Ded; Water Environment Fed $86.00 Dues; West Group $887.84 Su;
Westin Charlotte $609.51 Reg; Whiskey Creek Steakhouse $49.99 Tr; Wilke Donovans
True Value $116.66 Various; Woods & Aitken $105.00 Serv; WPCI $292.52
Various; Payroll Ending 10-18-2003 -- $241,359.04.
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 November 11, 2003
at 7:30 P.M. as date and time for hearing on
those applications where applicable.
4. Approve the Agreement
between the City of Kearney and American Legion Post 52 to
conduct the Veterans Day Parade on November 11, 2003 beginning at 4:00 p.m. The staging area to be closed is Railroad Street from Avenue B west to 3rd Avenue. The parade route will begin at Railroad Street, north on Central Avenue to the parking lot located north of MONA where a program
will be held. Also, to block off four parking spaces in front of Redman’s
Shoes, 2116 Central
Avenue to place the
announcer’s booth.
5. Approve Application and
Certificate for Payment No. 4 in the amount of $282,206.87 submitted by
Blessing, LLC for the 2003 Part II Improvements which consists of Paving
Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive and approve Resolution No.
2003-184.
RESOLUTION NO. 2003-184
WHEREAS, Blessing, LLC has performed
services in connection with the 2003 Part II Improvements consisting of
Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to
a point 630± feet west of Parklane Drive, and the City's engineer, Miller &
Associates, have filed with the City Clerk Application and Certificate for
Payment No. 4 in the amount of $282,206.87 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$1,042,501.30
|
|
|
|
|
Contract Sum To Date
|
1,042,501.30
|
|
Gross Amount Due
|
951,682.50
|
|
Retainage 10%
|
95,168.25
|
|
Amount Due to Date
|
856,514.25
|
|
Less Previous Certificates for Payment
|
574,307.38
|
|
|
|
|
Current Payment Due
|
$282,206.87
|
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. 4, as shown on Exhibit “A”, be
and is hereby accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF OCTOBER,
2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
6. Approve Application and
Certificate for Payment No. 2 in the amount of $80,648.04 submitted by Blessing,
LLC for the 2003 Part I Improvements consisting of Paving Improvement
District No. 2002-868 for 39th Street from 22nd Avenue to 30th Avenue and
approve Resolution No. 2003-185.
RESOLUTION NO. 2003-185
WHEREAS, Blessing LLC has performed
services in connection with the 2003 Part I Improvements consisting of
Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to
30th Avenue, and the City’s engineer, Miller & Associates, have filed with
the City Clerk Application and Certificate for Payment No. 2 in the amount of
$80,648.04 as shown on Exhibit “A” attached hereto and made a part hereof by
reference and as follows:
Original
Contract Sum
|
$765,928.50
|
Change Order No. 1 (09-23-2003)
|
+ 4,530.00
|
|
Contract Sum to Date
Total Completed and Stored to Date
Retainage 10%
Total Earned Less Retainage
Less Previous Payments
Current Payment Due
|
$770,458.50
$215,778.91
21,577.89
194,201.02
113,552.98
$ 80,648.04
|
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. 2, as shown on Exhibit “A” be
and are hereby accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF OCTOBER,
2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
7. Approve Application and
Certificate for Payment No. 2 in the amount of $79,888.98 submitted by Dan
Roeder Concrete, Inc. for the 2003 Part III Improvements consisting of
Paving Improvement District No. 2003-874 for 52nd Street from Avenue E to 175
feet west of Avenue B Place, Paving Improvement District No. 2003-875 for
Avenue C Place from 52nd Street to its terminus in a cul-de-sac, Paving
Improvement District No. 2003-876 for Avenue B Place from 52nd Street to its
terminus in a cul-de-sac and approve Resolution No. 2003-186.
RESOLUTION NO. 2003-186
WHEREAS, Dan Roeder Concrete, Inc.
has performed services in connection with the 2003 Part III Improvements
consisting of Paving Improvement District No. 2003-874 for 52nd Street from
Avenue E to 175 feet west of Avenue B Place, Paving Improvement District No.
2003-875 for Avenue C Place from 52nd Street to its terminus in a cul-de-sac,
Paving Improvement District No. 2003-876 for Avenue B Place from 52nd Street to
its terminus in a cul-de-sac, and the City's engineer, Miller & Associates,
have filed with the City Clerk Application and Certificate for Payment No. 2 in
the amount of $79,888.98 as shown on Exhibit “A” attached hereto and made a
part hereof by reference and as follows:
|
Original Contract Sum
|
$225,828.20
|
|
|
|
|
Contract Sum To Date
|
225,828.20
|
|
Gross Amount Due
|
217,872.60
|
|
Retainage 5%
|
10,893.63
|
|
Amount Due to Date
|
206,978.97
|
|
Less Previous Certificates for Payment
|
127,089.99
|
|
|
|
|
Current Payment Due
|
$79,888.98
|
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. 2, as shown on Exhibit “A”, be
and is hereby accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF OCTOBER,
2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
8. Ratify the action taken
by the Kearney Municipal Airport Corporation on approving the Lease Agreement
between the Kearney Municipal Airport Corporation and Kearney Raceway Park and approve Resolution No.
2003-187.
RESOLUTION NO. 2003-187
BE IT RESOLVED by the City Council
of the City of Kearney, Nebraska, that the President be and is hereby
authorized and directed to execute the Lease Agreement, on behalf of the City
of Kearney, Nebraska, with Kearney Raceway Park, a copy of the Agreement, marked Exhibit “1”, is attached
hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 28TH DAY OF OCTOBER,
2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
V. CONSENT AGENDA ORDINANCES
None.
VI. REGULAR AGENDA
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 Kearney seconded by Clouse to remove from the table
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, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion
carried.
Council Member Clouse introduced Ordinance No. 7000, being
Subsection 1 of Agenda Item VI 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), 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, Clouse, Kearney, Buschkoetter, Hadley. 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. 7000 by number. Roll
call of those in favor of the passage of said ordinance on the first reading
resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.
Nay: None. Motion carried. Ordinance was read by number.
Moved by Hadley seconded by Buschkoetter that Ordinance No.
7000 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Blankenship, Kearney,
Buschkoetter, Hadley, Clouse. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7000 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. 7001 – REZONING SOUTH OF 56TH STREET LYING WEST OF NORTHRIDGE RETIREMENT
SUBDIVISION
Moved by Buschkoetter seconded by Blankenship to table until
December 9, 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, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.
GRANDPA’S STEAKHOUSE – MANAGER APPROVAL
Mayor Blankenship opened for discussion the Manager
Application for Elizabeth Merrifield submitted by QUEEN INC., dba “Grandpa’s
Steakhouse” located at 13
Central Avenue in
connection with their Class “CK” Catering Liquor License.
Council member Kearney vacated his chair and abstained from voting on this matter.
Elizabeth Merrifield was present to answer any questions by
the Council.
Moved by Blankenship seconded by Clouse to approve the Manager
Application for Elizabeth Merrifield submitted by QUEEN INC., dba “Grandpa’s
Steakhouse” located at 13
Central Avenue in
connection with their Class “CK” Catering Liquor License. Roll call resulted as
follows: Aye: Blankenship, Hadley, Clouse, Buschkoetter. Nay: None. Kearney abstained. Motion carried.
PLANS FOR RECYCLING CENTER LANDSCAPING, IRRIGATION, AND
BALER
Mayor Blankenship opened for discussion the Plans and
Specifications for the Kearney Area Recycling Center – Landscaping, Irrigation, Horizontal Baler Project and set
the bid opening date for November
18, 2003 at 2:00 p.m.
Director of Utilities presented this matter to the Council.
The construction of the Kearney Area Recycling Center is nearing completion. To make the Center operational,
existing recycling equipment will be moved to the building. In addition to the
existing recycling equipment, a new in floor conveyor and automated horizontal
baler, will also be purchased with a $225,000.00 grant from the Nebraska
Department of Environmental Quality. Also, as part of the Site Development
Plan, approved by City Council, landscaping and an irrigation system are
required.
Miller and Associates the City’s engineer on this project
has prepared specifications for the landscaping and irrigation system in
accordance with the approved Landscaping Plan. The approved landscaping plan
included an irrigated lawn and shrubs along 39th Street and trees along the west side of Box Butte Avenue. The plan being bid goes beyond
the approved plan by adding trees along the south and west property lines to be
irrigated with a drip irrigation system.
Miller and Associates, along with their electrical
consultant, has also prepared a specification for the in floor conveyor and
automated horizontal baler including electrical connections, start up, training
and warranty. Included with the specifications are the bid forms and contracts
for each piece of the work being bid. The work could possibly be awarded to
three separate contractors/suppliers with substantial completion for all of the
work set for April 30,
2003.
The Sanitation Division included $50,000.00 in this year’s
budget for the landscaping and irrigation work. Also included in this year’s
budget is $300,000.00 for the in floor conveyor and automated horizontal
baler. $225,000.00 of this money came from a NDEQ Grant awarded to the City.
In total, the City has received $425,000.00 in grant funds for the recycling
building and equipment.
Moved by Clouse seconded by Hadley to approve the Plans and
Specifications for the Kearney Area Recycling Center – Landscaping, Irrigation,
Horizontal Baler Project and set the bid opening date for November 18, 2003 at
2:00 p.m. Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney,
Buschkoetter, Hadley. Nay: None. Motion carried.
PAVING DISTRICT NO. 2000-835 – DEFERRAL OF ASSESSMENTS
Mayor Blankenship opened for discussion the application for
deferral of special assessments submitted by the Buffalo County Agricultural
Association in connection with Paving Improvement District No. 2000-835 for 39th Street from 342 feet east of Avenue N to
Union Pacific Railroad.
Director of Public Works Rod Wiederspan presented this
matter. Back in September of 1999, the Buffalo County Agricultural Association
wanted to install water and sewer mains within the fairground property. The
water and sewer mains will eliminate long service lines and provide fire
protection to the buildings on the fairground property.
The City of Kearney and
the Agricultural Association negotiated a development agreement. The agreement
is needed so the Agricultural Association can provide needed water, sewer and fireflow
services to the fairgrounds. Also, the agreement allows for the improvement of
storm water management in the Avenue N area.
Based on the fairgrounds agricultural zoning, assessments
for Water District 92-435 and Sewer District 92-392 located in 39th Street were deferred. The agreement
states that the City will also defer paving assessments for 39th Street improvements if it is requested by
the Agricultural Association. Also, the Agricultural Association has agreed to
grant the City of Kearney a permanent easement for a city
storm water detention pond to be constructed near the northeast corner of the
fairgrounds.
The city storm water detention pond will accept flows from 39th Street and Avenue N that exceed the
capacity of the existing storm sewer in Avenue N. The city storm water
detention pond will discharge storm water to the northeast into the Kearney
Northeast Drainage Project Phase II when that project is completed.
Section 19-2429 of the Nebraska Revised Statutes provides
any owner of record title to make application to the city council for deferral
of special assessments within ninety days after creation of an improvement
district. Such land shall be adjacent to the city which is within an
agricultural use zone and is used exclusively for agricultural use. Funds
necessary to pay for the construction of these improvements have been included
in the budget. The deferral of the special assessments shall continue unless terminated
upon any of the following events: (1) notification by the owner of record title
to the city council to remove such deferral; (2) sale or transfer to a new
owner who does not make a new application within sixty days of the sale or
transfer; (3) transfer by reason of death of a former owner to a new owner who
does not make application within 125 days of the transfer; (4) the land is no
longer being used as agricultural land; or (5) change of zoning to other than
an agricultural zone.
Moved by Hadley seconded by Buschkoetter to approve the application
for deferral of special assessments submitted by the Buffalo County
Agricultural Association in connection with Paving Improvement District No.
2000-835 for 39th
Street from 342 feet
east of Avenue N to Union Pacific Railroad. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay:
None. Motion carried.
EXTEND KN ENERGY FRANCHISE AGREEMENT
Mayor Blankenship opened for discussion extending the
franchise agreement granted to KN Energy (now known as Kinder Morgan, Inc.) by
Ordinance No. 5680 subject to all the conditions and regulations set forth
therein until further action of the Mayor and City Council and to consider
Resolution No. 2003-188.
City Attorney Michael Kelley presented this matter to the
Council. Effective November 9, 1993, the Mayor and City Council of the City of
Kearney granted a non-exclusive franchise agreement to KN Energy, Inc. (now
known as Kinder Morgan, Inc.) authorizing it to erect, construct, operate and
maintain all necessary gas mains and other equipment in, under, along and
across the streets and public right-of-ways of the City of Kearney in order to provide natural gas
services to the city. That franchise was for a period of 10 years, and is due
to expire on November
9, 2003. Because of
the passage of LB 790 during the last Unicameral term, which completely
restructures the regulation of gas services within the state, the City has
retained the services of Dahlen Berg consulting firm to assist the City in
preparing the proposed terms and conditions of a new Ordinance in order to
grant a new franchise right to Kinder Morgan, Inc.
Due to the review of LB 790 and working with the consultant,
an Ordinance acceptable to all the parties has not yet been generated. However,
Administration believes it is in the best interests of the citizens of the city
to extend and continue the terms and conditions of the current franchise
Ordinance, thus assuring continued services to the city by Kinder Morgan, Inc.
until such time as an appropriate Ordinance can be generated.
Resolution No. 2003-188 will authorize KN Energy, Inc. (now
known as Kinder Morgan, Inc.) to continue to provide gas services to the city
of Kearney, subject to all the conditions and regulations set forth in the
current franchise agreement, until further action is taken by the Mayor and
Council.
Moved by Buschkoetter seconded by Blankenship to approve
extending the franchise agreement granted to KN Energy (now known as Kinder
Morgan, Inc.) by Ordinance No. 5680 subject to all the conditions and
regulations set forth therein until further action of the Mayor and City
Council and approve Resolution No. 2003-188. Roll call resulted as follows:
Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.
RESOLUTION NO. 2003-188
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF KEARNEY, NEBRASKA:
WHEREAS, Ordinance No. 5680,
approved by the Mayor and Council of the City of Kearney, Nebraska, granted the
right and privilege to erect, construct, operate and maintain with all
necessary mains, pipes, services, appliances and other appurtenances incidental
thereto, in, under along and across each and all of the streets, alleys,
avenues, lanes, and other public places of the City of Kearney, Nebraska (the
“City”), for the purpose of transmitting and furnishing gas for lighting,
heating, industrial and other purposes, to KN Energy, Inc. (now known as Kinder
Morgan, Inc.) effective November 9, 2003; and
WHEREAS, such natural gas franchise
right was for a period of ten (10) years; and
WHEREAS, KN Energy, Inc. (now known
as Kinder Morgan, Inc.) and hereinafter referred to as (“KMI”) has provided
natural gas service to residents of the City during such period of franchise
right and has indicated to the City that it does wish to continue to furnish
such natural gas service, and to continue to use the streets, alleys, avenues,
lanes, and other public places of the City to provide such service pursuant to
a new franchise for a similar term; and
WHEREAS, the City has retained the
service of a consultant to assist the City in preparing the proposed terms and
conditions of an ordinance to define the franchise right to be granted to KMI
for such new franchise term; and
WHEREAS, the City desires, during the interim period, to
continue and extend, under the terms and conditions of the current franchise
ordinance, the franchise rights of KMI until such new franchise ordinance can
be approved by the Mayor and City Council;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE
MAYOR AND CITY COUNCIL OF THE CITY:
Section
1. The right and privilege to erect, construct, operate and maintain with all
necessary mains, pipes, services, appliances and other appurtenances incidental
thereto, in, under along and across each and all of the streets, alleys,
avenues, lanes, and other public places of the City of Kearney, Nebraska, for
the purpose of transmitting and furnishing gas for lighting, heating,
industrial and other purposes, heretofore granted to KN Energy, Inc. (now known
as Kinder Morgan, Inc.), by Ordinance No. 5680, shall continue and extend for
KMI from the 9th day of November, 2003, subject to all of the conditions and
regulations set forth therein, until further action of the Mayor and City
Council.
Section 2. The City Manager is hereby
authorized and directed to work with such consulting firm as his office deems
appropriate and with representatives of KMI to negotiate the terms of a
proposed new franchise ordinance to be presented to the Mayor and City Council
for its review and approval.
Section 3. This resolution shall take effect
and be in force from and after its passage, approval and publication as
required by law, and its written acceptance by KMI.
Passed and approved
this 28th day of OCTOBER, 2003.
ATTEST: PRESIDENT
OF THE COUNCIL AND
EX-OFFICIO MAYOR
CITY CLERK
OPEN ACCOUNT CLAIMS -- NEBRASKA PUBLIC POWER DISTRICT -- $80,399.18
Moved by Blankenship seconded by Kearney that Open Account Claims in the
amount of $80,399.18 payable to Nebraska Public Power District be allowed. Roll
call resulted as follows: Aye: Blankenship, Hadley, Kearney, Buschkoetter. Nay: None. Clouse
abstained. Motion carried.
VII. REPORTS
Director of Utilities Kirk Stocker reported that the State performs
inspections that are frequently done at Utilities Department to ensure that
they are following their operational plan. The Wastewater Treatment Plant is
inspected yearly and discharge monitoring reports are submitted quarterly.
There are also monthly reports sent in on the water system. These reports go a
long way to fulfill all the requirements, get licenses renewed, and maintaining
good relations with the State authorities.
City Manager Allen Johnson stated that awhile back, the
Council authorized the acquisition of the old “Green Stamp” building next to
the LEC. Over the past several months, they have been in the modification and
remodeling process of that area. On Thursday of this week, there will be an
open house in that building. If the Council members can make it at 5:00 PM, they will have a dedication of the new addition.
VIII. ADJOURN
Moved by Kearney
seconded by Clouse that Council adjourn at 8:30 p.m. Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None.
Motion carried.
ATTEST: BRUCE
L. BLANKENSHIP
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK