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Kearney, Nebraska

November 11, 2003

7:30 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:30 p.m. on November 11, 2003, 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. Absent: Stan Clouse.  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: Ken Tracy, Mike Martinosky, Jerry Thompson, Greg Olson, Joe Sobotka, Ron Grapes, Brad Anderson, Steve Paulsen, Joni Paulsen, Randy Smith, Chris Vasquez, Gil Vasquez, John Sydow, Terry Gibbs, Ron Ridgway, Sarah Issac, Cole Spresser, Mike Konz from Kearney Hub, and Jolissa May.

 

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

 

Father Charles Torpey, St. James Catholic Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts from Troop 139 and 158 led the Council members and audience in the Pledge of Allegiance.

 

RECOGNITION – KEARNEY VOLUNTEER FIRE DEPARTMENT MEMBERS

 

Mayor Blankenship and Council Members recognized the following members for their years of service:

            Brad Anderson, 10 years of service with KVFD;

            Randy Smith, 10 years of service with KVFD;

            Chris Vasquez, 10 years of service with KVFD;

            Greg Olson, 5 years of service with KVFD

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING - SOUTH OF 56TH STREET LYING WEST OF NORTHRIDGE RETIREMENT SUBDIVISION AND FINAL PLAT – NORTH PARK SECOND

 

Mayor Blankenship stated that public hearings 1 and 2 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. This matter will remain on the table until December 9, 2003.

 

BOARD OF EQUALIZATION – 2003 PART III IMPROVEMENTS

 

Moved by Kearney seconded by Hadley to remove from the table the public hearing for the City Council to meet as a Board of Equalization to assess costs for the 2002 Part III Improvements consisting of Paving Improvement District No. 2001-859 for the alley between 26th Street and 27th Street from 1st Avenue to 2nd Avenue, Paving Improvement District No. 2001-865 for Kea West Avenue from 11th Street south a distance of 2777± feet, and Paving Improvement District No. 2001-866 for 11th Street from 116 feet east of 17th Avenue to Kea West Avenue. Roll call resulted as follows: Aye: Blankenship, Hadley, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

 

Mayor Blankenship opened the public hearing for the Council to meet as the Board of Equalization. The City of Kearney created paving districts in 2001.  The 2002 Part III Improvements consisted of Paving Improvement District No. 2001-859 for the alley between 26th Street and 27th Street from 1st Avenue to 2nd Avenue, Paving Improvement District No. 2001-865 for Kea West Avenue from 11th Street south a distance of 2777± feet, and Paving Improvement District No. 2001-866 for 11th Street from 116 feet east of 17th Avenue to Kea West Avenue.

 

After completion of the construction projects, the City hired a title company to complete property abstracts so that assessments could be levied.  At the October 14th Council meeting, the Council set the time and place to meet as the Board of Equalization.

 

These districts have been completed and, in order to satisfy state law, when paving, water and sewer districts are completed, the City Council must act as a Board of Equalization to levy assessments on properties so benefited. The City Council is asked to sit as a Board of Equalization to levy the assessments.  Property owners will then be required to pay the first installment within 50 days (December 31, 2003) or will be able to pay the entire assessment without any interest prior to this date.  The City of Kearney has already issued warrants to pay for the construction work.

 

In order to satisfy state law, when paving, water and sewer districts are completed, the City Council must act as a Board of Equalization to levy assessments on properties so benefited.  The City will recoup the costs associated with the construction of paving and improving the streets within such Paving Districts, except the cost of paving and improving the intersections of streets or avenues and spaces opposite alleys in such Paving Districts.

 

Doug Mollett from NPPD voiced an objection by NPPD. He stated $20,459.80 for the paving improvement on 2001-866 for a newly paved 11th Street over the NPPD canal provides no present or future benefit to NPPD or its customers.  This particular tract of land has been used for a tailrace or return river since the late 1800’s and NPPD has the intention to use it forever for that purpose.  That is the reason for their objections and he stated that he would be willing to enter into further discussion.

 

City Attorney Mike Kelley stated that he was unaware that there has been a situation like this in the past where the bridge is privately owned rather than owned by the City.  By law, the City can levy and assess NPPD. 

 

City Manager Allen Johnson stated that he did not believe that there is any question about the legality of the assessment.  He did state there might be a question about the propriety or benefit of it, which is something that can be worked on in the negotiation.  He did not see any reason to not go ahead with the assessment as with any other properties and let staff work on it with them.   

 

City Manger stated normally the City owns the public-right-of-way, but this is a historic thing going back to the creation of the tailrace.  The recommendation would be to approve it and then administration would try to work something out at a later date.  If the ownership changes and the City takes the bridge, then it becomes a mute point. 

 

Moved by Hadley seconded by Buschkoetter to close the hearing as the City Council meeting as a Board of Equalization and approve assessing costs for the 2002 Part III Improvements consisting of Paving Improvement District No. 2001-859 for the alley between 26th Street and 27th Street from 1st Avenue to 2nd Avenue, Paving Improvement District No. 2001-865 for Kea West Avenue from 11th Street south a distance of 2777± feet, and Paving Improvement District No. 2001-866 for 11th Street from 116 feet east of 17th Avenue to Kea West Avenue and approve Resolution No. 2003-183. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2003-183

 

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

            Section 1.  The President and Council find and determine that the streets in Paving Improvement District Nos. 2001-859, 2001-865, and 2001-866 have been improved by paving, curbing and guttering and incidental work, that none of the properties listed, which list is marked Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said improvements and the total amount of said special assessments does not exceed the costs of said improvements exclusive of the cost of the intersections and areas formed by the crossing of streets, avenues and alleys as heretofore determined by the Mayor and City Council.

            Section 2.  Notice of the time and purpose of hearing on special assessments for equalizing said special assessments has been published as provided by law in the Kearney Hub, and a copy of said notice mailed by certified mail to each party known to have a direct legal interest therein.

            Section 3.  That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground.  Said assessments for Paving Improvement District Nos. 2001-859, 2001-865, and 2001-866 shall become delinquent as follows:

            1/10th fifty days after date of this Resolution

            1/10th one year after date of this Resolution

            1/10th two years after date of this Resolution

            1/10th three years after date of this Resolution

            1/10th four years after date of this Resolution

            1/10th five years after date of this Resolution

            1/10th six years after date of this Resolution

            1/10th seven years after date of this Resolution

            1/10th eight years after date of this Resolution

            1/10th nine years after date of this Resolution

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

            PASSED AND APPROVED THIS 11TH DAY OF NOVEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

DEVELOPMENT PLAN APPROVAL – SOUTHEAST CORNER OF THE 39TH STREET AND 28TH AVENUE INTERSECTION

 

The Application submitted by Chad Micek of Interstate Structures, Inc. (Applicant) for Christian and Karyn J. Hilliard (Owners) for Planned District Development Plan Approval for the construction of office buildings on property located at the southeast corner of the 39th Street and 28th Avenue intersection has been requested by the applicant to be tabled until November 25, 2003. A letter requesting the matter be tabled has been filed with the Building and Zoning Division.

 

Moved by Buschkoetter seconded by Blankenship to table until November 25, 2003 Application submitted by Chad Micek of Interstate Structures, Inc. (Applicant) for Christian and Karyn J. Hilliard (Owners) for Planned District Development Plan Approval for the construction of office buildings on property zoned “District C-0/PD, Office/Planned Development Overlay District” property described as part of Lot 1, Patriot Addition, an addition to the City of Kearney, Buffalo County, Nebraska (Southeast corner of the 39th Street and 28th Avenue intersection). Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None. Clouse absent. Motion carried.

 

LIQUOR LICENSE – PARTY PROS CATERING

 

Mayor Blankenship opened the public hearing on the Application submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” for a Class ‘D/K’ (Beer, Wine, and Distilled Spirits – Off Sale Only) Catering Liquor License located at 1508 East 25th Street and to consider Resolution No. 2003-190.

 

The City Clerk provided the Police Department with copies of the application by Steve and Joni Paulsen to obtain a catering liquor license for Party Pros Catering and to operate as the Manager of the same.  The establishment will be located at 1508 East 25th Street here in Kearney.

 

The application was completed when submitted.  The Paulsen’s have operated the Sand Bar in Pleasanton for nine years. During that time there have been few instances of non-compliance with liquor regulations and no substantial complaints regarding the business operations. The application is being made for conducting a catering business from the address here in Kearney.  No storage of alcohol will occur at this location.

 

This is a separate license from the Sand Bar and as such, along with the new location here in Kearney, the Council has the opportunity to review the application and make recommendations on its issuance or denial.  There is nothing in the background check that would prohibit the issuance of the license as requested by the application. The Paulsen’s have demonstrated their ability to manage, operate and conduct business through the operation of the Sand Bar. They are very aware and knowledgeable regarding the laws of the state of Nebraska regarding liquor sales.

 

Steve and Joni Paulsen was present to answer any questions by the Council.

 

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 STEVE & JONI PAULSEN, dba “Party Pros Catering” for a Class ‘D/K’ (Beer, Wine, and Distilled Spirits – Off Sale Only) Catering Liquor License located at 1508 East 25th Street and approve Resolution No. 2003-190. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Kearney. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2003-190

 

            WHEREAS, STEVE & JONI PAULSEN, dba “Party Pros Catering” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘D/K’ (Beer, Wine and Distilled Spirits – Off Sale Only) Catering Liquor License to do business at 1508 East 25th Street, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, a hearing was held relating to said application on November 11, 2003.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘D/K’ (Beer, Wine, and Distilled Spirits – Off Sale Only) Catering Liquor License to STEVE & JONI PAULSEN, dba “Party Pros Catering” located at 1508 East 25th Street, Kearney, Nebraska.

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

            PASSED AND APPROVED THIS 11TH DAY OF NOVEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Kearney seconded by Hadley that Subsections 1 through 6 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held October 28, 2003.

 

2.         Approve Claims:  3M MDY9704 $1,660.80 Rep; A-1 Refrigeration $118.26 Su, Rep; Ace Irrigation $727.97 Rep; AFLAC $1,655.68 Ded; Albert Whitman & Co $37.53 Bks; Alltel $2,297.97 Various; Almquist, R $62.50 Rep; AWWA $1,347.00 Dues; Anderson, S $161.56 Tr; Arrow Striping $396.75 Rep; Artic Refrigeration $57.00 Rep; AT&T $93.44 Serv; Bacon, C $60.00 Ref; Baker & Taylor $2,284.84 Bks; Bamford $125.00 Su; Barney Abstract $245.00 Serv; Baye, S $12.24 Cla; BBC Audiobooks $233.88 Bks; Big Flag Farm $40.00 Inv; Blessing $362,854.91 Serv; Blevins, D $192.00 Serv; BlueCross BlueShield $63,651.30 Claims; Bob's Super Store $47.68 Su; Books on Tape $146.80 Bks; Bosselman Energy $27,835.88 Inv; Brodart $50.17 Bks; Buffalo Co District Court $70.00 Ded; Builders $55.30 Su; Canada Life Assurance $4,048.10 Various; CashWa $192.05 Su; CDW $6,229.27 Various; Central Ag & Shop $222.48 Rep; Central Fire & Safety $100.00 Capital Imp; Central States Group $6,187.26 Inv; CHAD $4.00 Ded; Charter Communications $43.55 Serv; Charter Paging $21.92 Serv; Christopherson, M $27.16 Ref; City of Ky $112,692.11 Various; College Savings Plan of NE $295.00 Ded; Computer Hardware $474.00 Comm Betterment; Computer Pros $25.00 Su; Conover, J $21.57 Ref; Control Masters $92.00 Rep; Copycat $795.11 Su; Corp Diversified Services $9,468.14 Ded; Crossroads Ford $1,698.78 Rep; Cullen, M $18.58 Cla; Culligan $152.00 Various; D&D Investment $34.59 Ref; D&M Security $2,222.45 Various; D.A.R.E. $914.05 Su; Dan Roeder Concrete $79,888.98 Serv; Dawson Co PPD $18,019.52 Serv; Dell $479.00 Inv; Dept of Labor $75.00 Rep; Dev Council $1,155.35 Admin; D'Milaco $345.75 Various; Double M Farms $2,000.00 Serv; DPC $11,648.00 Su; Dutton-Lainson $275.77 Inv; Eakes $1,114.67 Various; Eastman, R $19.86 Ref; Ecolab $26.00 Su; Ed M Feld Equipment $30.00 Rep; EDM Equipment $220.09 Su; Engels Glass Design $80.00 Serv; Enterprise Electric $148.58 Rep; Expression Wear $78.50 Su; Fairbanks $1,138.09 Various; Freedom Pump $1,376.46 Su; Fremont Nat'l Bank $33,785.54 Ded; Frontier $902.51 Various; Gale Group $155.59 Bks; Gangwish Turf $41.04 Su; Gaylord Bros $14.75 Serv; Glaxo Smith Kline $121.25 Su; Glock $700.00 Tr; H&G Cleaners $529.34 Serv; Hach $375.64 Rep; Happ, L $36.25 Reim; Highland Park $1,145.50 Rep; Highsmith $29.53 Serv; Hoffmeister, A $350.00 Serv; Holmes Plbg $217.56 Inv; Hometown Leasing $350.00 Rep; IBM $159.00 Serv; ICMA $1,026.07 Dues; ICMA RC $2,530.82 Ded; IRS $78,277.76 Ded; Interstate Structures $231,059.75 Serv; ISDN $185.40 Serv; JC Construction $2.70 Ref; Jensen, J $4.10 Ref; John Deere Credit $11,125.33 Lease; Johnson, A $77.76 Tr; Justex Systems $129.00 Dues; Kalkowski, L $27.78 Ref; Ky Area Solid Waste Agency $67,059.13 Tipping Fees; Ky Area United Way $557.58 Ded; Ky Chamber of Commerce $432.00 Various; Ky Concrete $927.00 Serv; Ky Hub $1,998.06 Serv; Ky Literacy Council $125.00 Fees; Ky Seamless Gutters $30.00 Rep; Ky Tire & Auto $17.59 Rep; Ky Truck Parts $280.00 Su; Kelley, M $282.41 Tr; Kirkham Michael $1,194.00 Serv; Knipprath, H $19.76 Ref; Kriha, J $35.78 Ref; Laser Art Design $234.00 Various; Laughlin, K $254.00 Ded; Lawson Products $146.51 Rep; Lerner Group $1,663.55 Bks; Lexis Nexis $233.60 Su; Lindner, S $243.69 Tr; Liquid Engineering $9,555.00 Rep; Magic Cleaning $600.00 Serv; Marlatt Machine Shop $386.24 Various; Marshall Cavendish $433.23 Bks; Martinosky, M $50.00 Reim; Mattley Adv & Design $139.25 Various; McKenzie, K $11.23 Ref; McLaughlin, S $200.00 Ins; Midway Aviation $141.54 Tr; Midwest Turf $73.96 Rep; Miller & Association $6,629.50 Serv; Miller, L $15.61 Ref; Minitex $1,006.00 Serv; Moonlight Embroidery $588.00 Su; Morris Press $71.91 Su; Mosbarger, B $200.00 Ins; MSI $662.00 Capital Imp; Municipal Supply $1,700.73 Inv; NAPA $69.62 Rep; Nat'l Paper Supply $92.54 Su; Nat'l Water Works $10,947.24 Various; NE Assoc of Airport Officials $1,000.00 Rep; NE Child Support $978.49 Ded; NE Crime Comm $3.00 Tr; NE Dept of Revenue $70,437.22 Various; NE Health & Human Services $921.02 Fees; NE Rural Water Assoc $75.00 Tr; NE Supreme Court Pub $75.20 Bks; Nemaha Nursery $16,489.15 Serv; Ninemire, L $27.64 Ref; Noller Electric $58.39 Rep; Northwestern Energy $2,686.09 Serv; Office Depot $1,775.92 Various; Officenet $3,391.06 Various; O'Keefe Elevator $677.32 Rep; Osborne, R $32.34 Ref; Our Designs $2,228.20 Capital Outlay; Ourada, S $100.00 Reim; Paramount Linen $389.18 Various; Paul A. Otto Curb Grinding $54.00 Serv; Petersen, J $18.79 Ref; Petersen, J $34.82 Ref; Pfeiffer, D $300.00 Various; Phillips, R $12.36 Ref; Platte Valley State Bank $100.00 Sav Bond; Pope, R $22.96 Ref; Preferred Mail $168.82 Pstg; Presto-X $128.00 Serv; Priority Mgt $77.27 Su; Quality Books $100.68 Bks; Quill $335.21 Su; Rainbow Flume $6,900.00 Rep; Recorded Books $459.10 Bks; Richardson, M $121.99 Tr; Riverside Animal Hospital $2,872.00 Serv; Romo, M $14.58 Ref; Roth, K $15.91 Cla; Sam's Club $68.45 Bks; Schade, A $2.76 Ref; Scholastic Library Pub $214.50 Bks; Segura $49.52 Ref; Smith Signs $1,018.14 Sign; Smith, K $6.29 Ref; Snap On Tools $450.00 Tr; Sprint $110.62 Serv; Starr, J $30.00 Ref; State of NE DAS Comm $26.66 Serv; Stefl, R $14.17 Ref; Steinbrink Landscaping $1,467.31 Serv; Stoltenberg, D $60.00 Reim; Sutphen $290.50 Rep; Sun Turf $257.46 Rep; T&B Cleaning $1,100.00 Serv; Tactical & Survival Spec $331.76 Equip; Tecco $709.88 Inv; Technical Maint $1,220.11 Rep; Thompson, J $35.00 Reim; Thompson, L $50.00 Rep; Tobiassen, A $21.93 Ref; Tollefsen-Elliott $579.04 Various; Tool Doctor $41.00 Various; Trade Well Pallet $450.00 Su; United Way of Ky $11,767.00 Comm Betterment; Utility Equipment $140.91 Inv; Van Diest Supplies $2,770.32 Rep; Vasquez, P $81.22 Ref; Village Cleaners $156.25 Cla; Wandrey, M $80.00 Reim; Washington State Support Regis $102.01 Ded; Water Environ Federation $86.00 Dues; We Care Tree Care $40.00 Serv; Wiederspan, R $187.08 Tr; Winfield Concrete Leveling $426.00 Rep; Wiseman, M $12.36 Ref; Witte, K $60.00 Reim; Xerox $442.09 Capital Outlay; Payroll Ending 11-01-2003 -- $240,272.37.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney

 

3.         Approve the recommendation from Administration on awarding the bid to Mid-Land Equipment in the amount of $43,635.00 for the lease purchase of a 70 HP Tractor with Integral Backhoe and Loader for the Cemetery Division.

 

4.         Approve Change Order No. 2 showing an increase in the amount of $5,563.03 and adding 45 days to the contract time as submitted by Interstate Structures, Inc. in connection with the Kearney Area Recycling Center located at 3007 East 39th Street and approve Resolution No. 2003-191.

 

RESOLUTION NO. 2003-191

 

            WHEREAS, on February 25, 2003 the City Council awarded the bid for the Kearney Area Recycling Center located at 3007 East 39th Street in the amount of $1,293,179.00 to Interstate Structures, Inc.; and

            WHEREAS, the following are the reasons for Change Order No. 2: (1) adding 24 pipe bollards to protect overhead door openings for a cost of $4,200.00, (2) adding two electrical receptacles, two television outlets and one telephone outlet in the break room for an additional cost of $565.40, (3) furnishing a low headroom track for two overhead doors for an additional cost of $236.90, (4) changing a carpeted portion of a hall way from carpet to tile because of increased foot traffic for an additional cost of $352.00, (5) for deleting a keypad entry for the perimeter gate and adding 24 remote transmitter garage door and gate openers for an additional cost of $208.73, and (6) adding 45 days to the contract for scheduling delays and other circumstances beyond the contractors control for no additional cost to the contract; and

            WHEREAS, the City's engineer, Miller & Associates, has filed with the City Clerk Change Order No. 2 showing an increase in the amount of $5,563.03, as shown on Exhibit “A” attached hereto and made a part hereof by reference:

 

Original Contract Price

$1,293,179.00

Change Order No. 1 (09-09-2003)

+  8,827.35

Change Order No. 2 (11-11-2003)

+  5,563.03

New Contract Price

$1,307,569.38

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 2 as shown on Exhibit “A be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 11TH DAY OF NOVEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

5.         Approve the request submitted by Kearney Downtown Centre Association for the following: (1) place Santa’s house in front of Nelson’s Furniture 2109 Central Avenue from November 22, 2003 until December 28, 2003; (2) the placement of a Christmas banner at the intersection of Central Avenue and 23rd Street on the north side of the intersection from November 12, 2003 until December 5, 2003; (3) the placement of the Christmas tree at the intersection of 22nd Street and Central Avenue from November 18, 2003 through January 9, 2004; (4) to hang Christmas decorations at 23rd Street and Central Avenue on the south side of the intersection from November 18, 2003 until January 9, 2004; (5) to block off three parking stalls in front of Lungrin’s for Men, 2201 Central Avenue to sell popcorn on December 4, 2003 from 5:00 p.m. until 9:00 p.m.; (6) to block off three parking stalls in front of Payne Larson Furniture, 2026 Central Avenue to sell concessions on December 4, 2003 from 5:00 p.m. until 9:00 p.m.; and (7) block off the parking lot located north of MONA for pony rides on December 4, 2003 from 5:00 p.m. until 9:00 p.m. subject to the execution of the Agreements with the respective parties.

 

6.         Approve the Application for a Special Designated License submitted by EXPRESSIONS CATERING, dba “Paradise Cove” in connection with their Class “C/K” Catering License to dispense beer, wine and distilled spirits in the Food Court Area Only at the Great Platte River Road Memorial Archway Monument, 3060 East 1st Street on December 10, 2003 from 3:00 p.m. until 1:00 a.m. for Leadership Kearney’s Christmas Party.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

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

 

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) will remain on the table until December 9, 2003.

 

ORDINANCE NO. 7003 – REPEAL ORDINANCE NO. 6981 AND VACATE PART OF G & K ADDITION

 

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

 

Several months ago, the Planning Commission and City Council approved a subdivision known as G & K 2nd Addition located on the north side of 16th Street, west of 16th Avenue if extended north.  Four lots were shown on the Final Plat.  The access drive to Pueblo Chemical Company was included on the plat thus requiring signatures as one of the Owners.  The Developer has decided to revise the plat in such a way that the Owners at the chemical company will not be included on the plat.

 

The access to the chemical plant lines up with 16th Avenue to the south.  A twenty-four foot strip in the center comprises the existing driveway.  A sixteen-foot strip on the west side of the 24-foot strip and a nineteen foot strip on the east side of the 24-foot strip are being dedicated for future northward extension of 16th Avenue.  The three strips of land taken together comprise 60 feet in width, the desired width for a local public street.  The chemical company owns the 24-foot strip and it will need to be acquired in some manner by the City before 16th Avenue can be extended northward.  Since the 24-foot strip is not part of this subdivision, the property owners at the chemical plant do not need to sign this Final Plat.

 

Ron Ridgway from Miller & Associates presented this matter to the Council. He stated this is basically an administrative clean up.  They brought this plat before the Council previously, and basically the only difference now is that they are excluding the 24 foot private drive from the plat.  Everything else remains the same.

 

Council Member Hadley introduced Ordinance No. 7003, being Subsection 2 of Agenda Item VI to repeal Ordinance No. 6981 and to vacate part of Lot 1 of Block 2 and part of Lot 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street between 16th Avenue and 17th Avenue), 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 Buschkoetter 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, Kearney, Buschkoetter, Hadley. Nay: None. Clouse absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7003 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None.  Clouse absent. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Blankenship that Ordinance No. 7003 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney. Nay: None. Clouse absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7003 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.

 

FINAL PLAT – G & K THIRD ADDITION

 

Mayor Blankenship opened for discussion repealing Resolution No. 2003-133 and consider the application submitted by Ronald Grapes (Applicant) for Sun Development, Inc. (Owner) for final plat approval of “G & K THIRD ADDITION” to the City of Kearney, Buffalo County, Nebraska and to consider Resolution No. 2003-192.  Planning Commission recommended approval.

 

Moved by Blankenship seconded by Kearney to approve repealing Resolution No. 2003-133 and consider the application submitted by Ronald Grapes (Applicant) for Sun Development, Inc. (Owner) for final plat approval of “G & K THIRD ADDITION” to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2003-192. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2003-192

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “G & K THIRD ADDITION”, 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 Resolution No. 2003-133 passed and approved on the 12th day of August, 2003 be and is hereby repealed in its entirety.

            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 11TH DAY OF NOVEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ORDINANCE NO. 7004 – VACATE PART OF GRANDVIEW ESTATES ADDITION AND GRANDVIEW ESTATES SEVENTH ADDITION

 

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

 

The Applicant is requesting a partial vacation of an existing subdivision so that a “land swap” can be completed between two owners.  O’Brien-Straatmann Funeral Home is planning to build an addition and needs additional land to do so.  The property is zoned C-1/PD.

 

Vacation

Lot 3, Block 4, except the south 50 feet of the west 100 feet thereof, Grandview Estates, and all of Lot 5, Grandview estates 7th Addition must be vacated so that this property can be replatted as Grandview Estates 8th Addition.

 

Subdivision Plat

A Minor Subdivision was previously approved for this property.  The Preliminary Plat for Grandview Estates 8th Addition was approved by Planning Commission on October 17, 2003.  The Final Plat for Grandview Estates 8th Addition consists of two lots.  Proposed Lot 1 contains the existing mortuary site as well as a smaller parcel to the east that will be the location of the proposed addition.  Lot 2 is the balance of the property.  There is an existing utility easement that splits Lot 1 in a north to south direction.  The Developer is advised that no structures can be built over the easement.

 

With the absence of the applicant, Director of Public Works Rod Wiederspan presented this matter to the Council. He stated that they were no objections or protests at Planning Commission and staff’s recommendation is that it be approved.  It is currently zoned C-1 as a planned development, which allows some added expansion to the east side of Straatmann O’Brien property.  The property just east of Muddy Mike’s, at one time, was going to be the Bearcat Bowling Alley but has been chopped off little by little, but they still have a piece large enough that they can use.

 

Council Member Kearney introduced Ordinance No. 7004, being Subsection 4 of Agenda Item VI to vacate Lot 3 of Block 4, except the south 50 feet of the west 100 feet thereof, Grandview Estates Addition, and all of Lot 5, Grandview Estates Seventh Addition, all in the City of Kearney, Buffalo County, Nebraska (4115 Avenue N and property east of Muddy Mikes Car Wash and north of 39th Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member Hadley seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None. Clouse absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7004 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None.  Clouse absent. Motion carried. Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 7004 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney. Nay: None. Clouse absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7004 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.

 

FINAL PLAT – GRANDVIEW ESTATES EIGHTH

 

Mayor Blankenship opened for discussion the application submitted by Mitch Humphrey (Applicant) for Bearcat Enterprises, L.L.C. and Directed Services, Inc. (Owner) for final plat approve of “GRANDVIEW ESTATES EIGHTH ADDITION” to the City of Kearney, Buffalo County, Nebraska (4115 Avenue N and property east of Muddy Mikes Car Wash and north of 39th Street) and to consider Resolution No. 2003-193 subject to the effective date of Ordinance No. 7004. Planning Commission recommended approval.

 

Moved by Buschkoetter seconded by Blankenship to approve the application submitted by Mitch Humphrey (Applicant) for Bearcat Enterprises, L.L.C. and Directed Services, Inc. (Owner) for final plat approve of “GRANDVIEW ESTATES EIGHTH ADDITION” to the City of Kearney, Buffalo County, Nebraska (4115 Avenue N and property east of Muddy Mikes Car Wash and north of 39th Street) and approve Resolution No. 2003-193 subject to the effective date of Ordinance No. 7004. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Kearney. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2003-193

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “GRANDVIEW ESTATES EIGHTH ADDITION”, 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 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 11TH DAY OF NOVEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

EXTEND CDBG GRANT FOR MUSEUM OF NEBRASKA ART

 

Mayor Blankenship opened for discussion the adoption of Resolution No. 2003-194 requesting the Nebraska Department of Economic Development to extend the Community Development Block Grant Tourism Development Initiative #00-TD-003 award for the Museum of Nebraska Art.

 

Council member Galen Hadley abstained from discussion and voting on this matter for the reason he is an employee of the University of Nebraska at Kearney and the Museum of Nebraska Art is a part of the University system.

 

Assistant City Manager John Prescott presented this matter to the Council. In 2001, the Museum of Nebraska Art was awarded a $20,000 Community Development Block Grant in the Tourism Development Initiative Category.  CDBG TDI award #00-TD-003 was designed to replace the elevated lift on the North side of the building.  The existing lift was in need of replacement in order to facilitate the ease and quickness at which disabled patrons could enter the museum.  The grant award was 100% matched by Museum funds.

 

Since the award was made Museum officials involved with this project have changed as well as the desired method to facilitate entry into the building for disabled patrons.  These changes have led to a delay in beginning the project.  The grant has now expired and the Museum is requesting an extension from the Nebraska Department of Economic Development in order to complete the project.

 

The proposed project now includes a concrete ramp on the East hand side of the building extending from the building to the sculpture garden.  This proposal will improve access among the different portions of MONA’s exhibits, provide a longer term solution to the issue, and improve the frequency at which disabled individuals could enter the facility. Part of the extension process is approval by the City Council and filing of related paperwork explaining the reason for the delay and plans to complete the project.

 

As the Grant recipient, the City is the logical party to request an extension of the Community Development Block Grant.  CDBG guidelines include provisions to request extension of a grant award to complete a project.  Extending the project will not change the level of the City of Kearney’s involvement in the grant.

 

The Museum of Nebraska Art provided the local match for this grant in the original application and continues to have the match funds available.  This project will not create any financial burden for the City of Kearney.

 

Moved by Blankenship seconded by Kearney to adopt Resolution No. 2003-194 extend the Community Development Block Grant Tourism Development Initiative #00-TD-003 award for the Museum of Nebraska Art with the Nebraska Department of Economic Development to. Roll call resulted as follows: Aye: Blankenship, Hadley, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2003-194

 

            WHEREAS, the City of Kearney, Nebraska is an eligible unit of a general local government authorized to file an application under the Department of Economic Development for a Community Development Block Grant Program; and

            WHEREAS, the City of Kearney, Nebraska was awarded a Tourism Development Initiative award in September, 2001 in the amount of $20,000.00 to assist the Museum of Nebraska Art with the replacement of the lift used to provide access for disabled persons; and

            WHEREAS, the City of Kearney, Nebraska desires to extend Tourism Development Initiative Grant 00-TD-003 through March 10, 2004 to amend and complete the objectives of the grant agreement.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Mayor be and is hereby authorized and directed to proceed with the formulation of any and all contracts, documents, or other memoranda between the City of Kearney and the Nebraska Department of Economic Development so as to effect the extension of this grant.

            PASSED AND APPROVED THIS 11TH DAY OF NOVEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

OPEN ACCOUNT CLAIMS --      NEBRASKA PUBLIC POWER DISTRICT -- $5,046.30 AND WARD LABORATORIES -- $12.00

 

Moved by Kearney seconded by Hadley that Open Account Claims in the amount of $5,046.30 payable to Nebraska Public Power District and $12.00 payable to Ward Laboratories be allowed. Roll call resulted as follows: Aye: Kearney, Buschkoetter, Hadley. Nay: None. Blankenship abstained. Clouse absent. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Buschkoetter that Council adjourn at 8:08 p.m. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None. Clouse absent. Motion carried.

 

                                                                                    BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK