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Kearney, Nebraska

April 13, 2004

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 April 13, 2004, in the Council Chambers at City Hall.  Present were:  Bruce L. Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Stan Clouse, Galen Hadley, Don Kearney.  Absent: None.  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.  City Manager G. Allen Johnson absent. Some of the citizens present in the audience included: Larry Umberger, Dave mead, Mitch Humphrey, Fernando Segura, Rick Kehres, Calvin Hinz, Anita Smith, Janet Larson, Ken Cordes, Sarah Isaac, Ken Tracy, Bruce Lefler, Roger Jasnoch, David Kissell, Bob Reinke, Terry Seals, Teresa Whitney, Mark Munfort, UNK Representative Davin Jones, Mike Cahill from KKPR Radio, Paul Wice from KGFW Radio, Todd Gottula 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

 

Father Torpey from St. James Catholic Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Scott Jasnoch and Zach Seton led the Council members and audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING - BETWEEN AVENUE D AND AVENUE H SOUTH OF 10TH STREET TO 8TH STREET

 

Mayor Blankenship stated the City received a letter on April 9, 2004 requesting removal of the Application submitted by Ron Ridgway (Applicant) for James Hunt (Owner) to rezone from “District R-1, Urban Residential Single-Family District (Low Density)” to “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of the Northwest Quarter of the Northeast Quarter and part of the East Half of the Northeast Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (between Avenue D and Avenue H south of 10th Street to 8th Street). The applicant will be presenting revised plans to the Planning Commission in May. Therefore, no action is necessary.

 

MARIANNE HUNT 2ND ADDITION – INCLUSION WITHIN CORPORATE BOUNDARIES

 

Mayor Blankenship stated the City received a letter on April 9, 2004 requesting removal of the Application submitted by Ron Ridgway (Applicant) for James Hunt (Owner) for the inclusion of “MARIANNE HUNT 2ND ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the West Half of the East Half and part of the East Half of the West Half of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 25.58 acres, more or less, Buffalo County, Nebraska (between Avenue D and Avenue H south of 8th Street to 10th Street). The applicant will be presenting revised plans to the Planning Commission in May. Therefore, no action is necessary.

 

FINAL PLAT – MARIANNE HUNT 2ND ADDITION

 

Mayor Blankenship stated the City received a letter on April 9, 2004 requesting removal of the Application submitted by Ron Ridgway (Applicant) for James Hunt (Owner) for Final Plat approval of “MARIANNE HUNT 2ND ADDITION” to the City of Kearney, Buffalo County, Nebraska said property described as a tract of land being part of the West Half of the East Half and part of the East Half of the West Half of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 25.58 acres, more or less, Buffalo County, Nebraska (between Avenue D and Avenue H south of 8th Street to 10th Street). The applicant will be presenting revised plans to the Planning Commission in May. Therefore, no action is necessary.

 

REZONING - WEST OF THE INTERSECTION OF AVENUE N AND EASTBROOKE DRIVE

 

This public hearing and public hearings 5 and 6 were discussed together but voted on separately.

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Tim Norwood, President of NP Land Development (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” and “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of the East Half of the Southeast Quarter AND a tract of land being part of the Northeast Quarter of the Southeast Quarter all located in Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (west of the intersection of Avenue N and Eastbrooke Drive). Planning Commission recommended approval.

 

The applicant is requesting approval of a 27-lot subdivision located in northeast Kearney, west of the intersection of Avenue N and Eastbrooke Drive. The development will consist of single-family homes on the majority of the lots with five duplex lots surrounding the cul-de-sac at the north end of the property.  If approved, the project requires rezoning, subdivision platting, and annexation.

 

Rezoning

21 of the proposed lots are slated for R-1 zoning, or urban single-family residential land use.  The remaining 6 lots are proposed for R-2 zoning, or urban mixed density residential land use. The surrounding area is slated for future residential development.  The lot layout is on the east and west sides of Avenue M terminating in a cul-de-sac on both the north and south ends of the street.  Access to Avenue M is provided by both Eastbrooke Drive and 63rd Street.

 

Subdivision Plats

A Revised Preliminary Plat was approved March 19, 2004 by the Planning Commission.  The Revised Preliminary and Final Plat consist of a 27-lot subdivision to be known as Stoneridge 3rd Addition.  The subdivision layout has been modified somewhat from the original approved Preliminary Plat.  The Planning Commission had some discussion about the progress of development from north to south or south to north. Developing from north to south will facilitate installation of the sanitary sewer but may delay the proposed Avenue N improvements.

 

Annexation

If the Final Plat is approved, the property can be served with municipal services and should therefore be incorporated into the corporate limits of the city.

 

Mitch Humphrey presented this matter to the Council. He stated that everything is in order for the development of Stoneridge 3rd Addition. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Tim Norwood, President of NP Land Development (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” and “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of the East Half of the Southeast Quarter AND a tract of land being part of the Northeast Quarter of the Southeast Quarter all located in Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (west of the intersection of Avenue N and Eastbrooke Drive).  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

STONERIDGE THIRD ADDITION – INCLUSION WITHIN CORPORATE LIMITS

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Tim Norwood, President of NP Land Development (Owner) for the inclusion of “STONERIDGE THIRD ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 12.38 acres, more or less, Buffalo County, Nebraska (west of the intersection of Avenue N and Eastbrooke Drive) and approve Resolution No. 2004-53. 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 Mitch Humphrey (Applicant) for Tim Norwood, President of NP Land Development (Owner) for the inclusion of “STONERIDGE THIRD ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 12.38 acres, more or less, Buffalo County, Nebraska (west of the intersection of Avenue N and Eastbrooke Drive) and approve Resolution No. 2004-53.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-53

 

            WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for Tim Norwood, President of NP Land Development (Owner) for the inclusion of “STONERIDGE THIRD ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows:  Referring to the northeast corner of the Southeast Quarter of Section 24 and assuming the east line of the Southeast Quarter of Section 24 as bearing S00°28’53”E and all bearings contained herein are relative thereto; thence S00°28’53”E and on the east line of the Southeast Quarter of said Section 24 a distance of 337.92 feet to the ACTUAL PLACE OF BEGINNING; thence continuing S00°28’53”E and on the east line of the Southeast Quarter of said Section 24 a distance of 1081.50 feet to the northeast corner of Stoneridge Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska;  thence S89°31’07”W and on the north line of Stoneridge Second Addition, a distance of 380.00 feet; thence leaving the north line of said Stoneridge Second Addition, N00°28’53”W and parallel with the east line of the Southeast Quarter of said Section 24 a distance of 1081.50 feet; thence N89°31’07”W a distance of 380.00, feet to the place of beginning, containing 9.43 acres, more or less, all in Buffalo County, Nebraska (west of the intersection of Avenue N and Eastbrooke Drive); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on March 19, 2004 on the inclusion of “STONERIDGE THIRD ADDITION” 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 “STONERIDGE THIRD ADDITION” 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 April 13, 2004 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 “STONERIDGE THIRD ADDITION” 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 “STONERIDGE THIRD ADDITION” 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 13TH DAY OF APRIL, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

FINAL PLAT – STONERIDGE THIRD ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Tim Norwood, President of NP Land Development (Owner) for Final Plat approval of “STONERIDGE THIRD ADDITION” to the City of Kearney, Buffalo County, Nebraska said property described as a tract of land being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 12.38 acres, more or less, Buffalo County, Nebraska (west of Avenue N and Eastbrooke Drive) and approve Resolution No. 2004-54. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Tim Norwood, President of NP Land Development (Owner) for Final Plat approval of “STONERIDGE THIRD ADDITION” to the City of Kearney, Buffalo County, Nebraska said property described as a tract of land being part of the East Half of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 12.38 acres, more or less, Buffalo County, Nebraska (west of Avenue N and Eastbrooke Drive) and approve Resolution No. 2004-54.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-54

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “STONERIDGE 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 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 13TH DAY OF APRIL, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

AMENDMENT TO SECTION 47-109 “FENCE REGULATIONS”

 

Mayor Blankenship stated that Administration requested that the public hearing on the proposed amendment to Section 47-109 “Fence Regulations” of Chapter 47 “Supplemental Development Regulations” as it pertains to fences be tabled until May 11, 2004.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to table until May 11, 2004 the proposed amendment to Section 47-109 “Fence Regulations” of Chapter 47 “Supplemental Development Regulations” as it pertains to fences.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

IV.    CONSENT  AGENDA

 

Moved by Blankenship seconded by Kearney that Subsections 1 through 13 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

1.         Approve Minutes of Regular Meeting held March 23, 2004.

 

2.         Approve the following Claims: 3M MDY9704 $20,365.75 Various; Ace Hardware $100.89 Serv; Advance Auto Parts $23.29 Rep; AFLAC $1,764.70 Ins; Allied Electronics $31.18 Rep; Allied Systems $17.66 Rep; Alltel $3,867.59 Serv; Almquist, R $62.50 Su; Amazon.Com $62.47 Bks; Amer Electric $604.25 Various; Americinn Motel $190.50 Tr; Amoco Oil $18.00 Tr; Amtrak $180.00 Tr; Anderson Brothers $5,880.30 Serv; Anderson Ford $20,190.00 Equip; Anderson, J $22.99 Ref; Anderson, S $48.60 Tr; Antelope Newspaper $253.00 Serv; Armor Holding Forensics $233.88 Su; Arsenal $2,800.00 Su; Ashworth $3,302.63 Inv; Asphalt & Concrete Materials $2,861.29 Su; B&B Auto Glass $1,472.00 Rep; Baker & Taylor $1,645.63 Bks; Battery Jack.Com $12.95 Su; BBC Audiobooks America $134.88 Bks; BD Construction $2,569.35 Serv; Beavers, D $60.00 Serv; Beckenhauer, T $91.30 Tr; Best Access Systems $314.90 Serv; Big Flag $842.38 Inv; Blevins, D $228.00 Serv; Blue Cross Blue Shield $49,791.56 Claims; Bobs Super Store $95.11 Su; Bongle, T $4.86 Ref; Books on Tape $523.60 Bks; Bosselman Oil $24,412.55 Inv; Brindlee Mountain Fire Apparatus $138,400.00 Equip; Bubble Factory $49.70 Su; Budget Rent-a-Car $187.30 Tr; Buffalo Co Bar Assoc $35.00 Dues; Buffalo Co Court $159.84 Ded; Buffalo Co Sheriff $87,500.00 Serv; Buffalo Co Treasurer $1,362.35 Serv; Buggy Bath Car Wash $82.50 Rep; Builders $2,181.33 Various; Burr, N $40.00 Ref; Cabela's $148.01 Su; Call One $273.38 Su; Canada Life Assurance $4,176.37 Ins; Cardinal Health $51.76 Su; Carpenter, H $7.28 Ref; Casey's General Store $34.00 Tr; Cash-Wa $1,764.15 Various; CED Enterprise $60.41 Su; Central Auto $43.66 Serv; Central Hydraulic $1,170.47 Serv; Central NE Bobcat $59.45 Su; Central NE Equipment $234.00 Su; Centurion Tech $212.50 Su; CHAD $8.00 Ded; Charter Communications $46.26 Serv; Charter Media $442.00 Serv; Charter Paging $21.92 Serv; Chesterman $388.76 Su; City of Ky $172,871.61 Various; Clarion Las Vegas $258.33 Tr; Clark Enersen Partners $970.41 Serv; CLH $309.00 Serv; Clifford of Vermont $762.00 Su; Cold Springs Granite $86.40 Su; College Savings Plan of NE $115.00 Ded; Comfort Inn $59.49 Tr; Computer Hardware $103.95 Su; Computer Warehouse #4 $63.55 Su; Concrete Contracting $250.00 Serv; Conoco $18.48 Tr; Conseco Life Ins $38.00 Ded; Construction Rental $32.22 Serv; CopyCat $1,368.85 Serv; Creative Corp Image $107.92 Su; Crocker Monogramming $210.00 Cla; Crossroads Ford $114.46 Inv; Crushers $5,668.97 Serv; Culligan $225.00 Serv; D&M Security $389.00 Serv; Dan Roeder Concrete $8,493.63 Serv; Danielson, S $165.00 Tr; Dannehl's Feed $43.30 Su; Dawson Co PPD $407.74 Serv; Day, J $9.12 Ref; Dell $2,580.84 Equip; Denzil's Gifts $20.20 Bks; Depository Trust $4,598,170.00 VP Bonds; Diamond Sales $83.65 Bks; Diamond Vogel $55.00 Inv; D-Milaco Sports $114.50 Su; Double M Farms $2,000.00 Serv; Dowling, J $169.13 Tr; Dreyer, D $162.46 Various; Duane Svec Advertising $849.08 Su; Dubs $29.99 Rep; Dutton-Lainson $765.83 Serv; Eagle Publication Co of BOCA $24.00 Bks; Eakes $1,740.41 Su; Earl May $72.97 Su; Ecolab $26.00 Su; EDM Equipment $1,656.36 Equip; Educational Record Center $926.98 Bks; Elliott Equipment $11,232.77 Equip; EMEDCO $148.19 Rep; Engels, D $212.16 Tr; ESRI $5,938.80 Capital Imp; ETS $350.00 Fees; Fairbanks Farm Equipment $404.59 Rep; Fairbanks Int'l $2,173.60 Serv; Farmers Union $51.95 Su; Fastenal $2,088.28 Su; Fireguard $722.48 Su; Firehouse Sub $30.00 Bks; Flying J/CFJ $25.42 Tr; Fore! Reservations $4,958.56 Equip; Fowler, L $30.99 Rep; Fox Brothers $2,400.00 Serv; Freburg, N $184.62 Ded; Fremont Nat'l Bank $35,983.88 Ded; Frontier $8,620.30 Serv; Fuller, J $71.30 Tr; Gale Group $56.13 Bks; Galls $48.74 Inv; Garrett Tires $49.98 Inv; Gary's I-80 $496.20 Serv; GE Answer Center $39.45 Rep; Gempler $160.33 Rep; Glenwood $9.25 Tr; Gordon's Small Engine Repair $26.23 Inv; Governor's Suites Hotel $66.23 Tr; Graham Tire $5,783.49 Rep; Grainger.Com $114.74 Su; Great Plains One-Call $257.94 Serv; H&G Cleaners $264.67 Serv; H&H Distributors $1,007.60 Su; Hach $368.75 Rep; Hampton Inn $86.91 Tr; Hastings $100.00 Su; Heartland Marketing $169.60 Inv; Heartland Transmission $1,156.00 Serv; Hill, M $124.32 Tr; Hobby Lobby $6.38 Su; Holmes Plumbing $1,347.63 Serv; Hometown Leasing $206.00 Rep; Horizontal Boring & Tunneling $24,676.00 Rep; Hotsy Equipment $157.41 Su; Houchen Bindery $269.00 Serv; Huffy's Airport Windsocks $156.05 Rep; Husker Door $348.00 Serv; IBM $159.00 Serv; ICMA RC $2,875.97 Ded; IRS $80,204.01 Ded; Int'l Code Council $100.00 Dues; ISDN $14.95 Serv; Jack Lederman Co $316.30 Su; Jacobson, C $50.00 Ref; JJE $76.50 Su; Johnstone Supply $359.96 Rep; Jubilee Center $15.56 Ref; K&K Parts $992.11 Su; KASWA $72,446.57 Tipping Fees; Kearney Area Chamber $19,081.38 Various; Ky Area Community Foundation $25.00 Dues; Ky Area United Way $602.36 Ded; Ky Chamber of Commerce $20.00 Serv; Ky Concrete $7,602.37 Su; Ky Crete $1,265.55 Su; Ky Implement $2,419.27 Su; Ky Winnelson $31.00 Inv; Ky WLE $101.35 Su; Ky Whse $416.15 Su; Kelly Electric $64.00 Rep; Kelly Supply $208.05 Su; Kelly, P $28.60 Ref; Killion Motors $15.04 Inv; Kirkham Michael $1,393.14 Serv; Klaus, M $122.78 Tr; Kooyman, R $200.00 Ins; Krepel, J $174.08 Tr; Kumke, J $17.36 Ref; Kusek, K $45.00 Ref; Kustom Signals $3,330.00 Serv; Lamp Rynearson & Assoc $2,147.20 Serv; Lang, L $154.34 Tr; Lasertec of NE $301.50 Serv; Laughlin, K $360.00 Ded; Laux, J $3.94 Ref; Lawson Products $665.42 Su; LCL Truck Equipment $4,053.00 Equip; LARM $22,042.00 Ins; League of NE Municipalities $55.00 Bks; Lerner Publishing Group $121.38 Bks; Library Book Select $92.13 Bks; Lifeguard Store $138.00 Su; Lighthouse Uniform $419.15 Su; Linweld $146.78 Serv; Livingston, C $67.13 V/W; Love S Country $21.03 Tr; Mail Express $53.07 Pstg; Marlatt Machine Shop $13,710.83 Serv; Martinosky, M $50.00 Ref; Marwest Access Controls $670.00 Su; Matthew Bender & Co $64.80 Su; McCarty, D $139.13 Tr; McCollister & Co $1,269.20 Inv; McDermott & Miller $22,040.00 Serv; McKibben, C $197.26 Tr; McLaughlin, P $89.13 Tr; Meadowbrook Insurance Group $2,110.00 Ins; Meridian Inn $44.15 Tr; MES $687.00 Su; Mid America Pay Phones $200.00 Serv; Mid NE Lubricants $12,837.68 Inv; Mid-America Pump $3,490.00 Rep; Midlands Contracting $19,290.89 Rep; Midwest Turf $324.57 Su; Miller & Associates $2,452.01 Serv; Miller Signs $134.84 Signs; Milligan, J $26.90 Ref; Milwaukee Rubber Products $311.60 Su; Misko Sports $186.00 Su; Morris Press $10.00 Su; Mosbarger, B $200.00 Ref; MPH Industry $1,414.00 Serv; Mr. Automotive $1,509.88 Serv; MSI Systems Integrators $3,206.26 Serv; Municipal Emergency Services $113.20 Rep; Municipal Supply $7,205.09 Inv; Murphy Tractor $4,203.47 Serv; Nabity, C $26.47 Ref; NAPA $2,136.69 Su; Nat'l League of Cities $1,529.00 Dues; Nat'l Rec & Park $350.00 Dues; NWWA $24,494.68 Various; NCLE $65.00 Dues; NE Child Support $978.49 Ded; NE Dept of Revenue $22,568.39 Ded; NE APWA $250.00 Reg; NE Dept of Env Quality $12,374.22 Disposal Fee; NE Dept of Revenue $22,225.39 Taxes; NE Forest Service $10.00 Tr; NE Machinery $47.67 Inv; NE Nat'l Bank $21,950.00 Lease; NE Soc of CPAs $100.00 Dues; NE State Fire School $200.00 Serv; NE Truck Center $81.70 Inv; NEland Distribution $1,133.00 Su; Newman Signs $159.71 Inv; Nickman Brothers $455.04 Rep; Nogg Chemical $921.22 Inv; Norm's Plumbing $302.52 Serv; Northern Tool $59.99 Rep; Northwest Electric $204.83 Rep; Northwestern $9,329.70 Serv; NSVFA $65.00 Tr; Nunez, M $1.86 Ref; Office Depot $413.23 Su; Office Max $1,327.09 Su; Officenet $36.53 Su; O'Keefe Elevator $406.70 Rep; Olsen, C $455.18 Tr; Olsson Associates $8,701.50 Serv; O'Reilly $205.12 Su; Orscheln $688.84 Su; Overhead Door $246.02 Rep; Palmer Johnson Dist $1,121.42 Rep; Paradigm Insurance $19,082.32 Ins; Paramount Linen $187.33 Various; Pat's Plumbing $191.74 Serv; Paul Otto Curb Grinding $225.00 Serv; Payflex Systems $399.50 Various; PEP $48.67 Rep; Pioneer Mfg $17.60 Inv; Pitney Bowes $450.00 Pstg; Platte Valley Comm $399.34 Serv; Platte Valley Glass $488.00 Inv; POAN $490.00 Dues; Positive Promotions $197.10 Incentives; Power Mole $7,281.00 Serv; Precision Industry $233.25 Su; Precision Small Engine $320.88 Rep; Preferred Mail $224.40 Pstg; Presto-X $308.00 Rep; QA Balance $90.00 Various; Quality Books $2,322.00 Bks; Quill $174.95 Su; R&M Tech $85.00 Serv; Radisson Hotels $553.61 Tr; Recorded Books $336.80 Bks; Region 12 ABPA $90.00 Tr; Regional Library Systems $15.00 Tr; Reinke's Heating $41.54 Rep; Respond First Aid $619.08 Su; Richardson, M $221.60 Tr; Road Builders Machinery $26,720.09 EqRoper Radiator $20.00 Su; SA Foster Lumber $51.98 Inv; Saathoff, J $827.09 Tr; SAFE Center $2,027.48 Comm Betterment; Sahling Kenworth $177.14 Inv; Scholastic Library $288.60 Bks; School District #7 $1,123.65 Remittance; Schutte, O $35.00 Reim; See Clear Cleaning $1,950.00 Serv; Sesna, D $109.13 Tr; Seton Name Plate $46.80 Su; SF Analytical Lab $175.00 Serv; Shell Oil $59.97 Tr; Sheraton Hotels $25.00 Tr; Sherwin Williams $141.59 Su; Shirt Shack $890.50 Su; Siemens Airfield Solutions $2,454.96 Rep; Snap On Tools $2,453.95 Su; Solid Waste Agency Landfill $95.00 Serv; Solid Waste Equipment $30,300.00 Equip; State of NE DAS Com $26.59 Serv; State of NE HHS Lab $357.00 Serv; Stocker, K $10.70 Tr; Sub Fire Chief $60.00 Bks; Sun Turf $294.98 Various; Sun Turf Metro Power $182.85 Inv; Super 8 $75.34 Tr; Super Shine $7.00 Rep; Superior Signals $1,364.82 Inv; T&B Cleaning $1,100.00 Serv; Target $44.99 Su; TECCO $670.96 Rep; Technical Maint $2,703.82 Rep; Thrifty $139.56 Serv; Tilley Sprinkler Systems $98.36 Rep; Titleist Drawer $10,337.27 Inv; Tollefsen Elliott $919.49 Su; Tollefson, T $100.00 Ref; Tractor Supply $508.33 Su; Trade Well Pallet $945.00 Su; Trembly, M $86.45 Tr; Tri-Cities Safe Kids $105.00 Tr; U Save $6.28 Su; U Stop 12 $23.47 Tr; Underground Construction $60.00 Serv; Unico Group $1,968.25 Ins; Union Oil $1,842.20 Inv; Unique Books $5,246.45 Bks; University of NE  $30.00 Su; Urbanek, T $165.00 Tr; US Internet $900.00 Serv; USPS $16.01 Pstg; VanDiest Supplies $8,106.77 Su; Vargas-Hernandez, E $7.49 Ref; Video Kingdom $12.99 Inv; Viking Office Products $58.60 Su; Village Uniform $294.03 Serv; Vogt, C $125.66 Tr; Walgreens $8.46 Su; Walmart $723.53 Su; Walsh, C $54.58 Tr; Walters Electric $560.00 Rep; Washington State Support $102.01 Ded; Wastecorp $973.00 Rep; Water Products $3,903.91 Inv; Wellness Councils of America $76.80 Wellness; Wells Fargo Bank $74,702.00 Payment; West Group $870.97 Su; Westfall $251.60 Inv; Wilke Donovans $573.78 Su; Willnerd, G $12.15 Claim; Woodside, M $86.14 Tr; Xerox $1,057.36 Serv; Yellow Van $200.00 Serv; Young, M $1,468.95 Tr; Zimmerman Printers $153.50 Su; Payroll Ending 3/20/2004 -- $247,418.01; and Payroll Ending 04/03/2004 -- $245,942.59.  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 Pipeline Crossing Agreement between the City of Kearney and the Union Pacific Railroad for the relocation of a water main near 14th Avenue and approve Resolution No. 2004-55.

 

RESOLUTION NO. 2004-55

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Pipeline Crossing Agreement with the Union Pacific Railroad Company for the relocation of a water main at Mile Post 190.0, a copy of the Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 13TH DAY OF APRIL, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

4.         Repeal Resolution No. 2004-5 and to include “Bel-Air First Addition” within the corporate boundaries of the City of Kearney (north of 63rd Street between Avenue K and Avenue N) and approve Resolution No. 2004-56.

 

RESOLUTION NO. 2004-56

 

            WHEREAS, an Application has been submitted by Ron Ridgway (Applicant) for Myron and Carol Letcher and Glenda Williams (Owner) for the inclusion of “BEL-AIR FIRST ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southeast Quarter of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows.  Beginning at the southeast corner of the Northeast Quarter of said Section 24 and assuming the east line of said Northeast Quarter as bearing N00º08’04”E and all bearings contained herein are relative thereto: thence N00º08’04”E on said east line a distance of 210.0 feet; thence S89º52’46”W a distance of 200.0 feet; thence N00º08’04”E a distance of 150.0 feet; thence S89º52’46”W a distance of 881.0 feet; thence S00º09’12”W a distance of 360.0 feet to the south line of said Northeast Quarter; thence N89º52’46”E on said south line a distance of 1081.12 feet to the place of beginning, containing 8.24 acres, more or less, Buffalo County, Nebraska AND a tract of land being part of the Southeast Quarter of the Northeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as follows:  Referring to the southeast corner of the Northeast Quarter of said Section 24 and assuming the east line of said Northeast Quarter as bearing N00º08’04”E and all bearings contained herein are relative there to; thence N00º08’04”E on said east line a distance of 210.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing N00º08’04”E on the aforedescribed course a distance of 559.87 feet;  thence  N89º54’14”W a distance of 350.01 feet; thence S00º08’50”W a distance  of 239.1 feet; thence N89º52’38”W a distance of 730.88 feet; thence S00º09’12”W a distance of 170.0 feet; thence N89º52’46”E a distance of 881.0 feet; thence S00º08’04”W a distance of 150.0 feet; thence N89º52’46”E a distance of 200.0 feet to the place of beginning, containing 6.84 acres, more or less, Buffalo County, Nebraska (north of 63rd Street between Avenue K and Avenue N); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on December 19, 2003 on the inclusion of “BEL-AIR FIRST ADDITION” 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 “BEL-AIR FIRST ADDITION” 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 January 13, 2004 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City; and

            WHEREAS, the property describing the land to be included within the corporate limits by Resolution No. 2004-5 has an error in the description which must be corrected.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the land to be platted as “BEL-AIR FIRST ADDITION” 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 “BEL-AIR FIRST ADDITION” within the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County Register of Deeds.

            BE IT FURTHER RESOLVED that Resolution No. 2004-5, passed and approved on the 13th day of January, 2004 be and is hereby repealed in its entirety.

            PASSED AND APPROVED THIS 13TH DAY OF APRIL, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

5.         Approve the Agreement between the City of Kearney and Betty Jane’s to block off the parking stalls in front of Betty Jane’s, 2123 Central Avenue, on April 16, 2004 from 7:30 a.m. until 6:30 p.m. and April 17, 2004 from 7:30 a.m. until 6:00 p.m. for a Spring promotion.

 

6.         Approve the Agreement between the City of Kearney and the Nebraska Department of Roads for the construction of a four lane road on 30th Avenue  (State Spur S-10A) from Highway 30 north to 31st Street and approve Resolution No. 2004-57.

 

RESOLUTION NO. 2004-57

 

            WHEREAS, the State of Nebraska is provided with total jurisdiction in matters involving improvements on state highway extensions through such corporate areas; and

            WHEREAS, it is the desire of the City of Kearney to improve 30th Avenue (Spur S-10A; Kearney Youth Development Spur) by constructing a four-lane urban section; and

            WHEREAS, the State is willing to participate in their share of the cost of the project (30th Avenue from Highway 30 north to 31st Street) and will relinquish to the City after completion.

            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 execute the Agreement between the City of Kearney and the State of Nebraska Department of Roads in connection with the improvements of 30th Avenue (Spur S-10A; Kearney Youth Development Spur) by constructing a four-lane urban section (30th Avenue from Highway 30 north to 31st Street). A copy of the Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 13TH DAY OF APRIL, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

7.         Approve submitting a Letter of Support to the Nebraska Emergency Management Agency to consider participating in the Exercise Program.

 

8.         Approve the Memorandum of Understanding between the City of Kearney and Two Rivers Public Health Department for use of the Kearney Area Recycling Center in the event of a public health emergency and approve Resolution No. 2004-58.

 

RESOLUTION NO. 2004-58

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Memorandum of Understanding with the Two Rivers Public Health Department for use of the Kearney Area Recycling Center in the event of a public health emergency, a copy of the Memorandum of Understanding, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 13TH DAY OF APRIL, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

9.         Approve the Developer Constructed Infrastructure Agreement for Bel-Air First Addition between the City of Kearney and Myron Letcher, President of Three Tier Corporation and Scott Hobson, President of Exchange Bank and approve Resolution No. 2004-59.

 

RESOLUTION NO. 2004-59

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement – Bel-Air First Addition”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Myron Letcher, President of Three Tier Corporation and Scott Hobson, President of Exchange Bank, be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 13TH DAY OF APRIL, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

10.        Approve the Developer Constructed Infrastructure Agreement for the construction of a sanitary sewer main in 63rd Street from Avenue O Place west to Avenue N between the City of Kearney and NP Land Development and approve Resolution No. 2004-60.

 

RESOLUTION NO. 2004-60

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement – NP Land Development, Inc.”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Timothy J. Norwood, Sr., President of NP Land Development, Inc., be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 13TH DAY OF APRIL, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

11.        Approve the request submitted by NorthWestern Corporation that the April 30, 2004 rate of return realignment mechanism information filing requirement be waived and approve Resolution No. 2004-61.

 

RESOLUTION NO. 2004-61

 

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

 

WHEREAS, Ordinance No. 6812 (the “Ordinance”), approved by the Mayor and Council of the City of Kearney, Nebraska, approved increased rates and other provisions concerning natural gas service at retail in the City of Kearney by NorthWestern Corporation and its operating utility division (“NorthWestern”), as part of the City’s acceptance of a rate settlement among NorthWestern and the four communities it serves in the State of Nebraska, including the City of Kearney; and

WHEREAS, such Ordinance provided that NorthWestern would continue to file information with the City on or before April 30th of each calendar year, as of the prior year, consistent with certain terms and conditions of the Ordinance, pursuant to the rate of return realignment mechanism of the Ordinance; and

WHEREAS, on September 14, 2003, NorthWestern filed a voluntary petition under Chapter 11 of the United States Bankruptcy Code with the United States Bankruptcy Court for the District of Delaware, seeking a reorganization for NorthWestern, and on March 12, 2004 NorthWestern filed a Plan of Reorganization and Disclosure Statement with the Bankruptcy Court; and

WHEREAS, such Plan of Reorganization will not be confirmed nor consummated by the Bankruptcy Court for several months, and the City and NorthWestern believe that it would be extremely difficult to prepare and to review the information that NorthWestern would be required to prepare and submit pursuant to the rate of return realignment mechanism provisions of the Ordinance while the bankruptcy matter is pending and until the Plan of Reorganization is implemented and NorthWestern emerges from bankruptcy; and

WHEREAS, NorthWestern has represented to the City that it does not plan to seek to increase rates for natural gas service in the City during the pendency of the bankruptcy;

NOW THEREFORE, HEREBY BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that:

Section 1.         The April 30, 2004 rate of return realignment mechanism information filing requirement for NorthWestern under Section 3 of the Ordinance is hereby waived.

Section 2.         All other provisions of the Ordinance, including rate of return realignment mechanism information filing requirements for years subsequent to 2004 are hereby reaffirmed.

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 NorthWestern.

PASSED AND APPROVED THIS 13TH DAY OF APRIL, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX‑OFFICIO MAYOR

CITY CLERK

 

12.        Approve the application for deferral of special assessments submitted by Attorney Jeffrey Orr on behalf of Marilyn Bihuniak, Thomas J. Wilson, E. Ardelle Green, Trustee, Robert and E. Ardelle Green Family Trust in connection with Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet, Water District No. 2004-532, and Sewer District No. 2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet.

 

13.        Approve the application for a Special Designated License submitted by JCB ENTERPRISES, dba “Bill’s Liquor” in connection with their Class CK39105 catering liquor license to dispense beer, wine and distilled spirits inside the Great Platte River Road Memorial Archway Monument, 3060 East 1st Street, on May 6, 2004 from 3:00 p.m. until 1:00 a.m.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7049 – REZONING; WEST OF THE INTERSECTION OF AVENUE N AND EASTBROOKE DRIVE

 

Council Member Kearney introduced Ordinance No. 7049, being Subsection 1 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” and “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of the East Half of the Southeast Quarter AND a tract of land being part of the Northeast Quarter of the Southeast Quarter all located in Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (west of the intersection of Avenue N and Eastbrooke Drive), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 7049 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Clouse seconded by Hadley that Ordinance No. 7049 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7049 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. 7050 - VACATE PORTION OF ALLEY LYING BETWEEN AVENUE A AND AVENUE B SOUTH OF 23RD STREET

 

Mayor Blankenship opened for discussion the application submitted by the Mother Hull Nursing Home to vacate the north 55 feet of the 20-foot alley lying between Avenue A and Avenue B as it abuts the south line of 23rd Street. Planning Commission recommended approval.

 

Mother Hull Home is requesting vacation of the north 55 feet of the alley which lies between Avenue A and Avenue B and from 22nd Street to 23rd Street.  They desire to vacate the north 55 feet of the alley.  The alley would run east to west immediately north of the house at 2219 Avenue A and then continue south to 22nd Street.  An “L” shaped or “dog leg” alley would result from their proposal.  Mother Hull Home is seeking the vacation so that they can build across the alley and on the property to the West where the covered parking and storage building currently exist.

 

Public Works advised the applicant to check with the Kearney Volunteer Fire Department and neighboring property owners as changing the alley configuration would impact them.  The Kearney Volunteer Fire Department and owner of the house at 2219 Avenue A do not support vacating the North 55 feet of the alley.  It is technically possible to close the alley and reroute the utilities which exist above and below ground in this portion of the alley.  The applicant would be responsible and has indicated they would pay these expenses.

 

The property owner has indicated that one of his concerns is having an alley immediately north of his property.  With this proposal he would have an alley to the north and east of their property, a public street, and Fire Department parking on the other two sides.

 

City staff and the Kearney Volunteer Fire Department are not in favor of this proposal for several reasons.  KVFD is fortunate to have 82 dedicated volunteers with an average response of 36 personnel to each call.  Access to the fire station is as important as the ability of the fire apparatus to efficiently depart for a call.  With a paid Fire Department, the three or four people who respond to a call are already there when the call comes in.  When the Kearney Volunteer Fire Department receives a call, the volunteers who can make the call evaluate the type of call and whether it would be better to report to the station or the call.  In every call, firefighters report to the main station to serve as backup if additional equipment is needed or a second call comes in.

 

In constructing a fire station, you want to separate the non-response traffic from the responding fire apparatus.  When the second station was constructed, we made a point to separate this traffic.  Volunteers use the alley to access the parking at the rear of the station and to avoid adding potential traffic conflict with a truck leaving the station.  Mother Hull cited concerns about traffic in alley and several “near misses” as a reason to close this portion of the alley.  The Kearney Volunteer Fire Department has trained, counseled, and reprimanded volunteers over the years who do not drive safely in responding to calls.  Their goal is “be part of the solution to an emergency, not become another emergency”.  To date, Mother Hull Home has never contacted the Fire Department about any traffic concerns from volunteers responding to a fire call.  The Fire Department is willing to explore ideas with Mother Hull to better alert their staff of emergency calls and responding traffic.

 

The main Fire Station houses eleven apparatus along with the light plant, dive trailer and rescue truck.  The two grass rigs and mobile light unit all exit the Fire Station and use the alley to get to 22nd Street.  If there was a conflict on 22nd Street and the equipment was forced to exit to the North, lengthening the alley by turning it to the West would delay the response time.

 

There is still a concern about alley access if the North end of the alley is rerouted.  If two or three northbound cars are stopped at the light at 23rd Street and Avenue A, they may block the alley entrance as proposed by the applicant.  The amount of buildable space vs. the impact to the accessibility to the Kearney Volunteer Fire Department’s main Fire Station should be evaluated.

 

The Planning Commission recommended approval of the alley vacation even though the Public Works Department and Kearney Volunteer Fire Department are opposed to the alley vacation.  Acquisition of the existing house by Mother Hull may provide an opportunity to gain additional land area for development which would not necessitate the need to close or reroute the alley.

 

The Planning Commission recommended approval of the alley vacation.  City staff and the Kearney Volunteer Fire Department do not support the application to vacate or change the direction of the north 55 feet of the alley which lies between Avenue A and Avenue B and from 22nd Street to 23rd Street

 

Architect Calvin Hinz presented this matter to the Council. Currently, there is a 16-foot alley that runs north and south between 23rd Street and 22nd Street.  Their proposal was to extend that alley to the west increasing the width by 20 feet.  Currently on the Mother Hull Home lot because of the location of a storage facility, they are getting a lot of traffic across the alley and residents also come out into that alley.  Traffic coming from 23rd Street, heading south comes down the alley and causes a dangerous situation.  The proposed new addition would eliminate this traffic situation.  They also would like to create a garden area for their residents where they could go out and sit and eliminate people in the alleyway.  Their proposal is to add three private resident rooms, new central bathing area, chapel, rehab center, five offices, and a new entrance into Mother Hull Home from 23rd Street with a nice lobby.  Mother Hull Home is currently boxed in and has no other area to expand their care facility for the residents.  They currently own Lot 144, but must cross the alley to get it.  There is also a house on Lot 143 that they intend to landscape, creating some green space and a buffer yard right up to their property line. They believe by doing this, they would be improving the downtown esthetics and eliminating the safety problem.

 

Council Member Kearney commented that he is concerned about access to the Fire Hall although he thinks that this is a great project.

 

Mr. Hinz stated that he has talked with all the utility districts about the fact that Mother Hull Home would be willing to pay to have the utilities moved and they were all in agreement.  He stated that he has talked with the Fire Department and they have a representative, who will be speaking at this meeting.  Mr. Hinz stated that the volunteer firemen use this alley more than it is used for the fire equipment. 

 

Mayor Blankenship stated Mother Hull Home is in the central business district so parking is not required, but the existing lot is being used for parking at this time.  There was a real concern regarding sufficient parking for residents and visitors. The proposal is to build on that part of the lot and asked where are these employees going to park?  Mr. Hinz understood the parking situation that could result because there are currently 10 or 12 parking spaces on their lot.

 

Mr. Hinz stated the emphasis is to increase the quality of care by building this addition.  They are landlocked at this point, especially since the house to the south is on the Historic Register, and moving it is not really an option. This project is still in the planning and bidding stages.  They would be looking at late summer for a start date. 

 

Janet Larson, representative from Mother Hull Home, stated that she has been the administrator since 1998.  Mother Hull Home has been in operation in Downtown Kearney since 1880.  They are a member of the American Health Care Association, the Nebraska Health Care Association, and the Kearney Chamber of Commerce.  They are a small, 58-bed standalone, non-profit organization, which employs approximately 70 people.  They have been a skilled nursing facility since March of 1998.  In 2003, it became apparent to them that the residents of Kearney and surrounding communities were changing and in July 2003 became a Medicare skilled nursing facility.  In that capacity, they are able to offer another viable service in addition to long-term care.  When they became Medicare skilled they were able to provide other services, a higher level of post surgical care, including IV therapy, in-house physical therapy, occupational therapy, and speech therapy.  By doing that, it also became apparent that they had outgrown their present building and needed to expand their mission to the people of the community. 

 

Ms. Larson commented on the response time of the firefighters (that Ken Tracy will address); they contend that closing the north end of the alley would not impede response time.  They can only hypothetically answer the question about 22nd Street being closed, and the need for the fire trucks to go north through the alley.  To her knowledge, the fire trucks have not gone north through that alley.   Mother Hull Home’s alley door is used mostly by employees, but is also used by residents and visitors.  The staff must cross the alley to the present parking lot from which they arrive and depart.  It is an unsafe situation when the volunteer firefighters come to the fire station whether they are responding to a call or not.  She has received many reports of other drivers using the alley as a thoroughfare and driving at high rates of speed.  This has resulted in many close calls for pedestrians.  She stated that she has documentation from a couple of her nurses of such incidents. They do not want to impede the Fire Department in any way.  At the present time, there are three entrances to the Fire Department and their plan would still allow for three entrances.  She understood that one of the reasons for the Avenue H Overpass was to allow direct access to the Fire Department from the south to 22nd Street.  The use of Avenue B would not impede response time of the volunteers entering from the north and would actually be a safer route for all.  

 

Fire Administrator Ken Tracy stated that they are requesting that the City Council not vacate the 55 feet of alley north of Fire Station #1 between 22nd Street and 23rd Street.  The volunteer firefighters and their personal vehicles need to have an alternate entrance from the fire trucks leaving from the station especially on the south end.  On April 6th, they met with Anita Smith and Janet Larson at a neighborhood cookie and coffee night.  They discussed their proposal and some possible solutions.  One of those options discussed was a breezeway with a canopy, which Janet was going to check on, but they have not discussed it further.  The breezeway would have an unobstructed 20-foot width (13 foot 6 inch height).  This would allow delivery vehicles to come in and drop off with no obstruction. Mr. Tracy stated since safety seems to be the issue for Mother Hull Home, he suggested some type of outdoor signal that would warn employees that there is a fire emergency and there would be vehicles responding to the alley from the north.  Another suggestion would be to paint a crosswalk across the alley from the parking lot to Mother Hull Home’s west entrance.  The lighting in that area could also be enhanced so at night, drivers turning into the alley would be able to see pedestrians crossing there. 

 

Mr. Tracy stated at the Fire Department meeting held April 1, 2004, it was the consensus of the firefighters not to vacate and close the 55-feet of the alley because the majority of them use that entrance to the Fire Station.   There were 34 firefighters that said they would use that entrance when responding to a fire call.  The main reason not to close it is because they have to consider the worst-case scenario.  Using the Avenue A entrance, there could be a vehicle turning into that parking lot and meeting a truck coming out.  There could also be a civilian vehicle coming out at the same time as a civilian vehicle is coming in.  An accident on 22nd Street could delay firefighter response time because they could not leave the scene until it was resolved and then proceed to go north.  Another scenario would be the Avenue A entrance could be blocked by traffic (3 or 4 cars stacked) stopped at the traffic signal and this could also happen on 23rd Street with firefighters responding.  The north entrance to Fire Station #1 is a separate entrance. 

 

In accordance with the Fire Protection Handbook, Chapter 10 recommends that there be separate egress for other vehicles coming into the Fire Station during an emergency, and not to use the same entrance where fire trucks will be coming out.  At Fire Station #2, they have two separate entrances, one to be used by civilian vehicles and one by fire trucks.  The bottom line is that the Fire Department does not believe that closing streets and alleys in the downtown area is a good idea.  There are two pickups that leave from the east bay of the Fire Station going east or west.  They also have portable light units that they hook onto if needed that leaves from the east.  The other equipment that leaves comes out of the west side bay doors. 

 

Council Member Clouse asked if there has been a problem with trucks or equipment blocking the alley and if so what is done?  Mr. Tracy responded there has not been an incident that he is aware of where equipment has been blocking the alley.  Council Member Buschkoetter believed this could happen, as Ms. Larson said supplies (oxygen tanks, Cash-Wa, Pegler) are delivered there.  In the event, that the alley was blocked, they would probably have to back up and use the Avenue A entrance or go back around Avenue B and come in the south way, which would be the same way the truck would be coming out. 

 

Mayor Blankenship asked Ms. Larson about how the new design would affect loading and unloading in the alley.  She responded they probably would use the entrance to the north on 23rd Street. There would also be a zone on 23rd Street designated for families.  She thought that delivery trucks would not be able to use the east/west alley because of the short curve and would have to exit through the fire department, which they would not want them to do.  Mr. Tracy stated that unloading a semi on 23rd Street, could create traffic backing up there and possibly a blind spot for vehicles on Avenue A when making a left turn. 

 

John Prescott, Assistant City Manager, clarified a couple of points.  The Utilities Department was asked to determine if it was feasible to reroute the utilities and they determined that it was technically possible.  They did not state, however, that they were in favor of closing the alley. When the Public Works Department indicated they were in favor of an alley, it was in reference to approving a 20-foot alley, not to close the alley and reroute it. This has to be a community safety effort.  This main Fire Station is the hub of our firefighting effort.  When you have a main hub such as this, you must have every possible way to get those pieces of equipment out there.  Fire Station #1 has unique equipment at this main fire station that they do not have at Fire Station #2. It is important that we get those trained people out there as quickly as possible.  We need to provide as many options for them to do this as possible.

 

Mr. Prescott emphasized that it is important to look at the safety issue as the representative from Mother Hull Home had pointed out.  Before this issue arose, he was not aware and perhaps the Fire Department was not aware of the safety issues of the crossing in the alley.  The City would be happy to work with Mother Hull Home to address safety concerns in regard to that alley for pedestrians. He reminded them that the purpose of an alley is for traffic flow and for loading and unloading, and not to be used as a pedestrian mall.  The City will separate the two as best they can.  Regarding the “what if” situations, that is what fire and police are trained to deal with the “what ifs” and how to respond to them.  They do not always have an answer to each, but need to leave their options open to address them.  City Administration cannot support the closing of the alley or rerouting it when this is the main fire asset that is the center of the firefighting effort that needs to be maintained and preserved.

 

Council Member Kearney stated that he is in favor of Mother Hull Home expanding, but he was opposed to closing the alley.  Mayor Blankenship stated it looks like trying to put too much into an already congested area.  He was in favor of the looks of the plan and the kind of services it could provide, but he had some concerns with the alley, parking, how that impacted volunteers getting in and out, and traffic downtown.  He would like to see what other options can be worked out, such as moving the existing house. 

 

Mr. Tracy stated that they average 31 firefighters to a fire call and approximately half go to the fire scene and the other half to the station.  That leaves 15-20 firefighters coming to the station for more equipment or for another emergency.  One thing that they try to stay away from is parking at Mother Hull Home when they are not on an emergency run.  However, if they are on an emergency, they do take up some of Mother Hull Home’s parking.  They have been gracious about not saying anything about that in the past.  Mr. Tracy stated the fire department also feels the need to expand, but the question is where can they go?  There are only 14 parking stalls on the north and the east side of the fire hall. Periodically, they have training sessions with their volunteers and stress responding responsibly with due regard for the public.  It is stressed that they obey red lights, stop, and yield signs. They are not allowed to disregard the law while responding.  He has not received any reports of any volunteer breaking the law. He believes that the volunteers are responsible drivers; however, the potential for a bad situation in the rush to respond is a real one.

 

Director of Public Works stated that the Planning Commission walked through the same presentation and the same arguments and as has been indicated. The Planning Commission voted in favor of vacating the alley based on the testimony that they heard. 

 

Council Member Buschkoetter stated that he agreed with Council Member Kearney not to close the alley.  His concern is for the community at large as far as a safety concern.  He believed that the worst-case scenario could happen at some point and so his decision was to keep that alley open.

 

Mayor Blankenship stated he would like to see discussion continue on this project for Mother Hull Home.  He suggested perhaps the configuration of the plan could be changed to accommodate the space. Mayor Blankenship stated it was his desire that the parties continue conversations to try to find a solution.

 

Moved by Blankenship seconded by Kearney to deny Ordinance No. 7050 to vacate the north 55 feet of the 20-foot alley lying between Avenue A and Avenue B as it abuts the south line of 23rd Street.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

ORDINANCE NO. 7051 – ISSUANCE OF COMBINED UTILITIES REVENUE REFUNDING BONDS, SERIES 2004B

 

The City of Kearney currently has Combined Utilities Revenue Bonds, Series 1995 outstanding.  The currently outstanding Series 1995 Bonds were issued on April 25, 1995 with an interest coupon rate of 4.86% and have a final maturity of December 15, 2017.  The Series 1995 bonds were issued for the purpose of financing sanitary sewer system improvements at the Wastewater Treatment Plant.

 

After monitoring the municipal bond market over the past several months, it appears that the City of Kearney could save considerable interest costs by refinancing the Series 1995 Bonds.  It is estimated that the Combined Utilities Revenue Refunding Bonds, Series 2004B will have an interest rate ranging from 1.15% to 4.35% with a final maturity of December 15, 2018.  Actual interest rates will not be known until April 13, 2004.

 

Richard Pedersen, an attorney with the Baird, Holm Law Firm of Omaha, has prepared the ordinance issuing the Series 2004B Bonds.  The City of Kearney has an opportunity to save approximately $300,000.00 over the next fourteen years by refinancing the Series 1995 Bonds.

 

Bruce Lefler from Ameritas presented this matter to the Council. He stated that a loan was taken out by the City in 1995 at 4.68 percent and they are replacing that loan with Revenue Bonds of the system at an average interest rate in today’s environment of 3.75 percent which saves the City approximately $300,000.00 over the remaining term of the issue of about 14 years.  The increase of the interest rate over the last 10 days would not have allowed for as much savings and commended Mr. Fox for his efforts in getting this done in a timely manner. 

 

Council Member Hadley introduced Ordinance No. 7051, being Subsection 3 of Agenda Item VI to authorize the issuance of Combined Utilities Revenue Refunding Bonds, Series 2004B, of the City of KEARNEY, NEBRASKA, in the aggregate principal amount of Three Million Fifty Thousand Dollars ($3,050,000) for the purpose of providing for the payment and redemption of the City’s outstanding Combined Utilities Revenue Bonds, Series 1995, in the principal amount of $3,061,179.04; directing the application of the proceeds of said bonds; prescribing the form, terms and details of said bonds; pledging and hypothecating the revenue and earnings of the waterworks plant and water system, sewage disposal plant and sanitary sewer system and electric distribution system of said City for the payment of said bonds and interest thereon; providing for the collection, segregation and application of the revenues of said waterworks plant and water system, sewage disposal plant and sanitary sewer system and electric distribution system; entering into a contract on behalf of the City with the holders of said bonds; directing the prepayment of the Series 1995 Bonds, 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, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 7051 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Blankenship that Ordinance No. 7051 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7051 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.

 

OBJECTIONS TO PAVING DISTRICT NO. 2004-884

 

Mayor Blankenship opened for discussion the report from the City Clerk on the objections/protests received in connection with Ordinance No. 7047 creating Paving Improvement District No. 2004-884 for Avenue A from the south line of 11th Street south to the north line of vacated 10th Street.

 

City Clerk reported that on March 9, 2004, the City Council passed and approved Ordinance No. 7047 creating Paving Improvement District No. 2004-884 for Avenue A from the south line of 11th Street south to the north line of vacated 10th Street.

 

Administration received written objection from two property owners within the proposed district. It appears there is approximately 648.12 feet of assessable footage with 200.0 feet in objection to the creation of the district which represents 30.86 percent. Section 16-620 of the Nebraska Revised Statutes states “If the owners of the record title representing more than fifty percent of the front footage of the property abutting or adjoining and continuous or extended street, cul-de-sac, or alley of the district, or portion thereof which is closed at one end, and who were such owners at the time the ordinance creating the district was published, shall file with the city clerk, within twenty days from the first publication of said notice, written objections to the improvements of a district, said work shall not be done in said district under said ordinance, but said ordinance shall be repealed.”  Since the objection for the district does not represent more than fifty percent, the district will proceed forward.

 

Moved by Blankenship seconded by Kearney to accept the report from the City Clerk on the objections/protests received in connection with Ordinance No. 7047 creating Paving Improvement District No. 2004-884 for Avenue A from the south line of 11th Street south to the north line of vacated 10th Street.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

SECOND AMENDMENT TO LIGHTHOUSE POINT SUBDIVISION AGREEMENT

 

Mayor Blankenship opened for discussion the “Second Amendment to Lighthouse Point Subdivision Agreement” and to consider Resolution No. 2004-62.

 

During the development of the Lighthouse Point Addition to the City of Kearney, the developer and the City negotiated a “Lighthouse Point Subdivision Agreement”, which was amended at the developer’s request on May 28, 2002 by authority of Resolution 2002-138. The City received a letter from Jeff Orr Attorney for DT Development requesting to amend Paragraph 13 of the Amended Agreement (originally Paragraph 16) to read as follows: “To develop Lot 1, Block 1 of Lighthouse Point preliminary plat as approved on May 21, 1993, referred to as Lot 1, Block 7 in the Lighthouse Point final plat, as a planned zone to include condominiums and townhouses. The ultimate developer of this lot shall landscape, light, and otherwise improve the area and create a Homeowners Association as an ongoing entity to maintain and further improve this lot.”

 

The original agreement only allowed duplex condominiums to be built on this lot. With this amendment the developer would be allowed to build up to 4 unit condominiums or townhouses.

 

At the last Council meeting, the Council directed this matter be placed before the Planning Commission to consider the impacts the development of this nature would have in the area.  Since the last Council meeting, there have been numerous meetings between the Homeowners Association and Mr. Segura, between Mr. Segura and City staff, and between the Homeowners Group and City staff.

 

Some items have been modified, principally in regard to access and traffic flow.  But all the parties seem to be satisfied.  The Homeowners Group is supposed to meet to vote on the matter, and then provide the City with a letter supporting the project.  Since all parties involved are in agreement, Administration decided to put the matter back on the Council agenda.  That way it will simplify the work that the Planning Commission has to do on their agenda later this month when they consider the development plans submitted by Mr. Segura.

 

Fernando Segura stated that he had received a letter from the Lighthouse Point Association and also had some meetings with them.  He appreciated all the help he received from the City staff and everyone involved with this project.  Council Member Kearney commented that he heard from several people that Mr. Segura did a fine job at the meeting with the Lighthouse Point Association.  He understood that according to their letter, there were still some issues and so he encouraged Mr. Segura to keep a line of communication open with them.  Mr. Segura responded they have had several meetings with the Association and the City Staff. 

 

During the last meeting with his engineer and Betty Warren from Caldwell Banker, most of the questions were answered.  His understanding is that they have approved cutting the median on Country Club Lane, which he agreed to pay for, and that they are satisfied with all the answers that were given.   If they have further concerns, they will have the forum of the Planning Commission and City Council.  He does not foresee any other major issues. 

 

Director of Public Works stated this allows the development to go forward to the Planning Commission.  The development plan will need to be approved which will ultimately come back to the Council.  They will work through the process with the homeowners. 

 

Moved by Kearney seconded by Clouse to approve the “Second Amendment to Lighthouse Point Subdivision Agreement” and approve Resolution No. 2004-62.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-62

 

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Second Amendment to the “Lighthouse Point Subdivision Agreement (As Amended May 28, 2002)”, marked as Exhibit “A” and made a part hereof by reference, be and is hereby accepted and approved, and the President of the Council be and is hereby authorized to execute the Agreement on behalf of the City.

            PASSED AND APPROVED THIS 13TH DAY OF APRIL, 2004.

 

ATTEST:                                                          PRESIDENT OF THE COUNCIL

                                                                        AND EX‑OFFICIO MAYOR

CITY CLERK

 

PLANS AND SPECIFICATIONS FOR PHASE II OF CEMETERY PAVING IMPROVEMENTS

 

Mayor Blankenship opened for discussion the Plans and Specifications for the 2004 Cemetery Paving Improvements and set the bid opening date for May 4, 2004 at 2:00 p.m.

 

As part of the 2004 Long Range Goals and Budget process, City Council approved the second phase of the upgrades to the cemetery roads.  Approximately one-fourth of the total Cemetery project is included in this phase of the project.

 

The City is ready to advertise and receive bids for the construction of the next phase of the cemetery road replacement project.  The Engineer’s Opinion of Probable Construction Cost ranges between $100,000 and $200,000.  The work involved is scheduled to be substantially completed August 31, 2004.  Work on the project will not begin until after Memorial Day. Funds in the amount of $130,000 have been included in the 2003-2004 budget.

 

Kent Cordes from Miller & Associates was present to answer any questions from the Council.

 

Moved by Clouse seconded by Hadley to approve the Plans and Specifications for the 2004 Cemetery Paving Improvements and set the bid opening date for May 4, 2004 at 2:00 p.m.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

ORDINANCE NO. 7052 – REPEAL ORDINANCE NO. 7041 AND CREATE PAVING IMPROVEMENT DISTRICT NO. 2004-882A

 

Director of Public Works Rod Wiederspan addressed this item and the next two items together. On March 9, 2004 the Council passed and approved Ordinance No. 7041 creating Paving Improvement District No. 2004-882, Ordinance No. 7042 creating Water District No. 2004-531, and Ordinance No. 7043 creating Sewer District No. 2004-473 for 1st Avenue from 60th Street to 65th Street. These districts are located within Ingalls Crossing Third Addition in northern Kearney. It was brought to Administration’s attention that the legal descriptions for these districts were incorrect and needed to be amended. Therefore, the Council is asked to repeal these districts and to re-create the districts reflecting the correct legal description.

 

Council Member Hadley introduced Ordinance No. 7052, being Subsection 7 of Agenda Item VI to repeal Ordinance No. 7041 and to create Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th 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 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, Hadley, Clouse, Kearney, Buschkoetter.  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. 7052 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Blankenship that Ordinance No. 7052 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7052 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. 7053 – REPEAL ORDINANCE NO. 7042 AND CREATE WATER DISTRICT NO. 2004-531A

 

Council Member Hadley introduced Ordinance No. 7053, being Subsection 8 of Agenda Item VI to repeal Ordinance No. 7042 and to create Water District No. 2004-531A for 1st Avenue from 60th Street to 65th 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 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, Hadley, Clouse, Kearney, Buschkoetter.  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. 7053 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Blankenship that Ordinance No. 7053 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7053 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. 7054 – REPEAL ORDINANCE NO. 7043 AND CREATE SEWERT DISTRICT NO. 2004-473A

 

Council Member Hadley introduced Ordinance No. 7054, being Subsection 9 of Agenda Item VI to repeal Ordinance No. 7043 and to create Sewer District No. 2004-473A for 1st Avenue from 60th Street to 65th 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 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, Hadley, Clouse, Kearney, Buschkoetter.  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. 7054 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Blankenship that Ordinance No. 7054 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7054 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.

 

OPEN ACCOUNT CLAIMS --      WARD LABORATORIES -- $72.00

 

Moved by Kearney seconded by Clouse that Open Account Claims in the amount of $72.00 payable to Ward Laboratories be allowed.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship abstained.  Motion carried.

 

VII.    REPORTS

 

Mayor Blankenship stated that he received permission to fly the flags at half mast on Thursday, April 15, 2004 in honor of David McKeever who died in Iraq.

 

Mayor Blankenship stated he received a certificate from Troop A1, 167th Calvary of the National Guard in support of their efforts in Bosnia.  They expressed their appreciation for what Kearney residents have done.  He had the honor of accepting the certificate, but it really goes to everyone in Kearney.  He thanked everyone for their support of our troops.

 

Assistant City Manager John Prescott reminded the Council of the Long Range Goals Meeting scheduled for April 22, 2004 at 7:00 a.m. in the Utilities Department Conference Room.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Kearney that Council adjourn at 8:46 p.m.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

                                                                                    BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK