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
