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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