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Kearney, Nebraska

May 25, 2004

7:30 p.m.

 

Prior to the regular Council meeting, the Council met as the Board of Directors for the Kearney Municipal Airport Corporation in open and public session at 7:30 p.m. on May 25, 2004 in the Council Chambers at City Hall.  This meeting adjourned at 7:38 p.m.  A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:40 p.m. in the Council Chambers at City Hall.  Present were:  Bruce L. Blankenship, President of the Council; Cathy Vogt, Deputy City Clerk; Council Members Randy Buschkoetter, Stan Clouse, Galen Hadley, Don Kearney.  Absent: None.  G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present.  Some of the citizens present in the audience included: Matt Manary, Barbara Cullen, Marty Cullen, Celestino Zapata, Susie Zapata, Dusty Jorgensen, Dave Mead, Tony Clark, Tim Norwood, Marvon Reichert, Mike Konz from Kearney Hub, Mike Cahill from KKPR Radio, and Paul Wice from KGFW Radio.

 

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

 

Mayor Blankenship requested a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

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

 

RECOGNITION – CELESTINO ZAPATA; MARTY CULLEN

 

Mayor Blankenship and Council Members recognized Celestino Zapata for 20 years of service with Public Works/Transportation Division. He was presented a Resolution of Commendation. Marty Cullen was also recognized by 15 years of service with the Park & Recreation Department. He was presented a watch.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

None.

 

IV.    CONSENT  AGENDA

 

Moved by Buschkoetter seconded by Blankenship  that Subsections 1 through 17 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 May 11, 2004.

 

2.         Approve the following Claims: Adamson Ind $164.85 Rep; Air Midway $105.07 Tr; Anderson Ford $40,498.00 Equip; Arnold, C $45.00 Ref; Arrow Seed $807.50 Su; Ashworth $2,690.77 Inv; Aspen Pub $239.25 Su; Aubert, A $31.45 Ref; Baker & Taylor $2,890.27 Bks; Bamford $12,400.00 Serv; Barney Ins $85.00 Su; BBC Audiobooks $65.00 Bks; Berens-Tate Consulting $1,500.00 Serv; Best Access Systems $9,947.38 Rep; Bhattarai, M $24.14 Ref; Big Flag $64.00 Inv; Big Sky Racks $323.85 Rep; BlueCross BlueShield of NE $84,818.14 Claims; Boehm, K $23.32 Ref; Boersma, C $36.90 Cla; Books on Tape $878.20 Bks; Bosselman Oil $35,585.50 Inv; Bowman, R $18.62 Serv; Broadfoot Sand $588.50 Su; Brockemeier, K $18.80 Ref; Buffalo Co Reg of Deeds $132.50 Serv; Buffalo Co Treasurer $20.00 Serv; Builders $66.08 Su; Bundy, D $25.00 Ref; Cain, K $21.17 Ref; Canal Bank $188.90 Rep; Cash-Wa $2,662.83 Various; Central States Wire Products $2,065.50 Su; Charter Media $568.68 Serv; Chesterman $991.74 Su; City of Ky $72,922.85 Various; Clark Enersen Partners $12,634.27 Serv; College Savings Plan of NE $115.00 Ded; Color ID $3,425.00 Serv; Cook, J $357.49 Tr; Cook, R $1,200.00 Lease; Cottonwood Vet Clinic $15.00 Serv; Crossroads Ford $250.42 Rep; Culligan $258.50 Various; DARE America $798.06 Su; Dawson Co PPD $2,901.88 Serv; Dell $1,672.60 Equip; Depository Trust $314,430.14 Various; Development Council $391.88 Adm; DPC $4,440.00 Su; Dutton-Lainson $155.04 Inv; Eakes $59.33 Su; Ecolab $27.00 Su; Ed Roehr Safety $3,891.91 Su; Einspahr, S $18.82 Ref; Eirich, T $77.74 Ref; Emedco $338.53 Su; English, C $260.00 Tr; Epp, M $15.70 Ref; Farm Plan $369.43 Various; Farm Police $1,218.35 Su; Fedex $120.51 Su; Fiddelke Htg $2,656.00 Serv; Fireguard $180.00 Rep; Fitzke, M $35.92 Ref; Freburg, N $184.62 Ded; Fremont Nat'l Bank $34,150.29 Ded; Frogs Copy & Graphics $2,273.29 Su; Gale Group $56.13 Bks; Galls $449.51 Su; Garrett Tires $3,496.33 Rep; Gary's I-80 $215.00 Serv; Grabau, M $12.00 Ref; Great Plains One-Call $620.28 Serv; Great Plains Safety & Health $2,695.00 Serv; H&G Cleaners $264.67 Serv; H&H Distributors $1,158.60 Su; Hach $297.80 Rep; Hand Well $232.94 Rep; Hanich, P $7.09 Ref; Hartman, M $49.32 Ref; Harvey, A $18.39 Ref; Holmes Plbg $13.13 Rep; Huff, D $30.80 Ref; ICMA RC $2,875.97 Ded; IMLA $600.00 Dues; IRS $77,563.19 Ded; Isaac, B $90.60 Ref; Isaac, S $40.00 Ref; ISDN $185.40 Serv; Jack Lederman $312.69 Various; Jackson,G $17.74 Ref; Ky Clinic $814.00 Serv; Ky Concrete $6,225.41 Su; Ky Cycling $94.96 Rep; Ky Hub $9,667.05 Serv; Ky Livestock $492.92 Nature Barn; Kirkham Michael & Assoc $11,146.14 Serv; Kirkwood, M $91.30 Tr; Knapp, K $26.16 Ref; Koetters, J $71.30 Tr; Krohn, B $14.87 Ref; Lang, L $25.65 Tr; Laughlin, K $360.00 Ded; Law Enforcement Accessories $216.50 Su; Law Enforcement Trng Ctr $48.00 Tr; Lawson Products $309.96 Rep; LARM $2,725.00 Prem; Lexis Nexis $14.75 Bks; Linweld $107.02 Various; Lowe, S $165.00 Serv; Mattley Adv $745.00 Serv; McCollister & Co $805.72 Inv; Meridian Library System $10.00 Tr; Midwest Turf $103.31 Rep; Moody's Investors $4,000.00 Bond Payment; Motion Picture Licensing $50.00 Fees; MSI $1,500.00 Serv; Municipal Emergency Services $230.16 Su; Municipal Supply $46.58 Inv; NAPA $185.95 Various; Nat'l Paper Supply $95.31 Su; NWWA $11,042.08 Various; NE Child Support $892.18 Ded; NE Dept of Revenue $32,022.93 Taxes; NE Golf Assoc $4,000.00 Dues; NE Library Comm $2,500.00 Serv; NE Liquor Control Comm $40.00 License; NE Wine $21.20 Su; NEland Distributors $1,310.25 Su; NLA Public Library Section $15.00 Tr; NLBA $160.00 Dues; Northstar Audio Book $6.50 Bks; Northwestern $263.86 Serv; Novus $40.00 Su; NWAGA $25.00 Dues; Office Net $51.10 Su; Olsen, C $1,887.48 Tr; Omaha World Herald $292.89 Serv; OMB Police Supply $9,333.97 Various; Parmount Linen $409.80 Various; Pat's Plbg $50.06 Rep; Paul A Otto Curb Grinding $81.00 Serv; PEP $48.67 Rep; PiranhaDisc Sales $21.00 Equip; Platte Valley State Bank $25.00 Ded; Prairie Hills Pheasants Forever $307.00 Fees; Preferred Mail $78.27 Pstg; Presto-X $211.00 Serv; Pro Tint $547.50 Rep; PVCK $54.24 Rep; Rainbow Book $12.95 Bks; RDJ Specialties $535.00 Su; Ready Mixed Concrete $5,009.39 Various; Recognition Unlimited $155.73 Serv; Recorded Books $144.15 Bks; Recreonics $1,285.64 Su; Rembolt Ludtke $56.00 Serv; Resource Mgt $210.60 Tire Disposal; Riverside Animal Hospital $2,063.50 Serv; Rodehorst, S $250.00 Nature Barn; Saathoff, J $99.26 Various; Sahling Kenworth $8.45 Rep; Saiyanongsa, K $13.47 Ref; Sesna, D $126.95 Tr; Snap on Tools $136.36 Su; Sole, S $10.32 Ref; Stahr, R $6.04 Ref; State of NE Dept of Aeronautics $370.00 Loan; Story, G $675.17 Tr; T&B Cleaning $1,500.00 Serv; Terra Scan $14,820.00 Serv; Terry's Platte Valley Glass $822.00 Rep; Thompson, K $106.95 Tr; Thompson, L $90.00 Rep; Thunker, K $4.48 Ref; Tielke's Sand $302.82 Su; Titleist $280.32 Inv; Unique Books $41.91 Bks; United Distillers $158.10 Su; US News $19.97 Bks; USGA $100.00 Dues; Village Uniforms $215.85 Rep; Vohland, K $22.34 Ref; Washington State Support $102.01 Ded; Wellness Councils of America $58.80 Wellness; Wellness Works $90.00 Wellness; Werkmeister, E $1.98 Ref; West Group $540.75 Su; West, E $8.79 Ref; Woodside, M $123.63 Tr; Yost, L $10.92 Ref;Payroll Ending 05-15-2004 -- $249,130.79.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Receive recommendations of Planning Commission and set June 8, 2004 at 7:30 P.M. as date and time for hearing on those applications where applicable.

 

4.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the bids received for the installation of a 7-tower electric center pivot irrigation system and award the bid to Fairbanks International-Kearney in the amount of $37,425.00.

 

5.         Repeal Resolution No. 2004-56 and approve Resolution No. 2004-87 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).

 

RESOLUTION NO. 2004-87

 

            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 N89º52’46”W a distance of 200.0 feet; thence N00º08’04”E a distance of 150.0 feet; thence N89º52’46”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 thereto; 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 239.7 feet; thence N89º52’38”W a distance of 730.88 feet; thence S00º09’12”W a distance of 170.0 feet; thence S89º52’46”E a distance of 881.0 feet; thence S00º08’04”W a distance of 150.0 feet; thence S89º52’46”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 and again by Resolution No. 2004-56 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 and Resolution No. 2004-56, passed and approved on the 13th day of April, 2004 be and are hereby repealed in its entirety.

            PASSED AND APPROVED THIS 25TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

DEPUTY CITY CLERK

 

6.         Repeal Resolution No. 2004-33 and approve Resolution No. 2004-88 authorizing the City of Kearney to join with NPPD as a co-applicant to the Nebraska Power Review Board for an amendment to NPPD’s retail service area which includes the City to include the newly annexed land of Bel-Air First Addition to the City of Kearney, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the east).

 

RESOLUTION NO. 2004-88

 

            WHEREAS, on January 13, 2004, the Kearney City Council passed and approved Resolution No. 2004-5 including “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 N89º52’46”W a distance of 200.0 feet; thence N00º08’04”E a distance of 150.0 feet; thence N89º52’46”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 thereto; 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 239.7 feet; thence N89º52’38”W a distance of 730.88 feet; thence S00º09’12”W a distance of 170.0 feet; thence S89º52’46”E a distance of 881.0 feet; thence S00º08’04”W a distance of 150.0 feet; thence S89º52’46”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 property describing the land to be included within the corporate limits by Resolution No. 2004-5 and again by Resolution No. 2004-56 had an error in the description which has been corrected by Resolution No. 2004-87; and

            WHEREAS, Resolution No. 2004-33 passed and approved on the 24th day of February, 2004, must be repealed to reflect the correct legal description; and

            WHEREAS, the Nebraska Public Power District (NPPD) will apply to the Nebraska Power Review Board for an order amending its existing retail service area, which includes the City of Kearney, to include the above described property into the corporate boundaries of the City of Kearney, Nebraska; and

            WHEREAS, the City of Kearney has an interest in the outcome of such application by reason of its rights under the Professional Retail Operations Agreement with NPPD approved on July 11, 1989, pursuant to which NPPD operates and maintains the electric distribution system owned by the City of Kearney; and

            WHEREAS, it is determined by the City Council that it would be desirable and in the best interests of the City of Kearney to join with NPPD as a co-applicant to the Nebraska Power Review Board.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City of Kearney, Nebraska, be authorized to join with NPPD as a co-applicant to the Nebraska Power Review Board for an amendment to NPPD’s retail service area which includes the City to include the above described property into the corporate boundaries of the City of Kearney, Nebraska in said retail service area.

            BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized to execute on behalf of the City of Kearney a joint application with NPPD to the Nebraska Power Review Board and to cooperate with NPPD in the prosecution of its application.

            BE IT FURTHER RESOLVED that such joint application shall be prosecuted at the sole cost and expense of NPPD.

            BE IT FURTHER RESOLVED that Resolution No. 2004-33 passed and approved on the 24th day of February, 2004 be and is hereby repealed in its entirety.

            PASSED AND APPROVED THIS 24TH DAY OF FEBRUARY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

DEPUTY CITY CLERK

 

7.         Approve the recommendation from the Mayor on the appointment of Mary Henning to serve on the Library Advisory Board.

 

8.         Approve the Developer Constructed Infrastructure Agreement for Stoneridge Third Addition between the City of Kearney and NP Land Development, Inc. and approve Resolution No. 2004-89.

 

RESOLUTION NO. 2004-89

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement – Stoneridge Third Addition” to the City of Kearney, Buffalo County, Nebraska, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Timothy J. Norwood, 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 25TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

DEPUTY CITY CLERK

 

9.         Approve the application submitted by Cheryl Schroeder to extend Conditional Use Permit No. 1998-05 locating a Bed and Breakfast at 2915 5th Avenue for a period of one year.

 

10.        Approve the request submitted by Mitch Humphrey from Buffalo Surveying for a 30-day extension (until June 24, 2004) on the filing of the final plat of “HAMMER-McCARTY ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, with the Buffalo County Register of Deeds.

 

11.        Approve the recommendation from the Code Enforcement Officer on the annual renewal of the following manufactured home court licenses until May 31, 2005: Cornhusker Mobile Home Park, 1100 Avenue C; Cottonmill Court, 3635 Cottonmill Avenue; Countryside Mobile Park, Inc., 1920 15th Avenue; East Lawn Mobile Homes Estates, 2900 Grand Avenue; L&M Trailer Court, 1122 Central Avenue; Merriweather Mobile Home Village, 914 West 17th Street; Northside Park, 4641 West Highway 30; Park-Wa Trailer Court, 2214 14th Avenue; Rodeo Mobile Home Court, 2414 West 24th Street; R-Villa Mobile Home East, West and South, 2500, 2719, 2803 West 24th Street; Schnase Trailer Court, 1284 62nd Avenue; Sheen’s Mobile Home Court, 4664 West Highway 30; Valley View Mobile Home Court, 2701 Grand Avenue; Van Vleet Trailer Court, 550 30th Avenue; Villa Park, 2703 West 24th Street; Westside Trailer Court, 1282 62nd Avenue; Woodriver Valley Mobil Home Park, 865 West 78th Street.

 

12.        Approve the request submitted by Vicki Smith for the American Legion Auxiliary Unit 52 to offer poppies for donations on May 28, 29, 30, 31, 2004 throughout the City of Kearney.

 

13.        Approve Change Order No. 1 showing an increase in the amount of $3,100.89, Application and Certificate for Payment No. 2-Final in the amount of $15,646.61, and the Certificate of Substantial Completion submitted by Strobel Construction and approved by Miller & Associates in connection with the 2004 Part I Improvements – Box Culvert consisting of Paving Improvement District No. 2004-885 for 30th Avenue from 39th Street to LaCrosse Drive and approve Resolution No. 2004-90.

 

RESOLUTION NO. 2004-90

 

WHEREAS, Strobel Construction has performed services in connection with the 2004 Part I Improvements Phase I – Box Culvert consisting of Paving Improvement District No. 2004-885 for 30th Avenue from LaCrosse Drive to 39th Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $3,100.89, as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Strobel Construction and the City’s engineer, Miller & Associates, have filed an Application and Certificate for Payment No. 2-Final in the amount of $15,646.61 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$105,837.06

            Change Order No. 1 (5-25-2004)

+    3,100.89

 

 

Contract Sum To Date

108,937.95

Gross Amount Due

108,937.95

Retainage

.00

Amount Due to Date

108,937.95

Less Previous Certificates for Payment

   93,291.34

 

 

Current Payment Due

$15,646.61

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of April 15, 2004, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            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. 1, as shown on Exhibit “A”, Application and Certificate for Payment No. 2-Final, as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

DEPUTY CITY CLERK

 

14.        Approve Application and Certificate for Payment No. 1 in the amount of $6,615.00 submitted by Blessing, LLC and approved by Miller & Associates in connection with 2004 Part I Improvements, Phase II consisting of Paving Improvement District No. 2004-885 for 30th Avenue from Highway 30 north to 31st Street and approve Resolution No. 2004-91.

 

RESOLUTION NO. 2004-91

 

WHEREAS, Blessing, LLC has performed services in connection with the 2004 Part I Improvements Phase II consisting of Paving Improvement District No. 2004-885 for 30th Avenue from LaCrosse Drive to 39th Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $6,615.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,099,325.50

 

 

Contract Sum To Date

1,099,325.50

Gross Amount Due

7,350.00

Retainage

735.00

Amount Due to Date

6,615.00

Less Previous Certificates for Payment

                 .00

 

 

Current Payment Due

$6,615.00

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 1, as shown on Exhibit “A”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

DEPUTY CITY CLERK

 

15.        Approve Application and Certificate for Payment No. 2 in the amount of $108,538.04 submitted by Blessing, LLC and approved by Miller & Associates in connection with the 2004 Part II Improvements – Bid B consisting of Paving Improvement District No. 2003-871 for an alley between Central Avenue and 1st Avenue from 24th Street to 25th Street; Paving Improvement District No. 2003-877 for 17th Avenue from 14th Street, north a distance of 137± feet north of 15th Street Place; Paving Improvement District No. 2003-878 for 14th Street from 17th Avenue, east a distance of 115± feet east of 17th Avenue; Paving Improvement District No. 2003-879 for 15th Street Place from 17th Avenue, west to its terminus in a cul-de-sac and approve Resolution No. 2004-92.

 

RESOLUTION NO. 2004-92

 

WHEREAS, Blessing, LLC has performed services in connection with the 2004 Part II Improvements – Bid B consisting of Paving Improvement District No. 2003-871 for an alley between Central Avenue and 1st Avenue from 24th Street to 25th Street; Paving Improvement District No. 2003-877 for 17th Avenue from 14th Street, north a distance of 137± feet north of 15th Street Place; Paving Improvement District No. 2003-878 for 14th Street from 17th Avenue, east a distance of 115± feet east of 17th Avenue; Paving Improvement District No. 2003-879 for 15th Street Place from 17th Avenue, west to its terminus in a cul-de-sac, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $108,538.04 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$239,603.00

 

 

Contract Sum To Date

239,603.00

Gross Amount Due

227,821.80

Retainage

4,556.44

Amount Due to Date

223,265.36

Less Previous Certificates for Payment

    114,727.32

 

 

Current Payment Due

$108,538.04

 

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

            PASSED AND APPROVED THIS 25TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

DEPUTY CITY CLERK

 

16.        Approve the recommendation submitted by the Fire Chief to include the following as members of the Kearney Volunteer Fire Department: Aaron Jameson, Matt Ullman, Lon Vohland, John Rickard, Ryan Rosenstiel, and Dan Thompson and approve Resolution No. 2004-93.

 

RESOLUTION NO. 2004-93

 

            WHEREAS, Mike Martinosky, Chief of the Kearney Volunteer Fire Department, has forwarded several names of individuals desiring to serve as volunteers in the Kearney Volunteer Fire Department; and

            WHEREAS, based on the recommendation of Chief Martinosky, the City Council of the City of Kearney, Nebraska hereby finds and determines that said persons listed are fully capable and qualified to serve a membership in the Kearney Volunteer Fire Department; and

            WHEREAS, in order to be qualified for benefits in accordance with Neb. Rev. Stat. §48-115, et seq., said volunteer firefighters acting outside the corporate limits of the City must be officially directed to do so in order to be eligible.

            NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kearney, Nebraska, that those persons recommended by the Chief of the Kearney Volunteer Fire Department for membership in the Kearney Volunteer Fire Department as set forth on the attached letter of recommendation, marked Exhibit “A,” attached hereto and made a part hereof by reference, are hereby confirmed as members of the Kearney Volunteer Fire Department for the purposes of and in accordance with Neb. Rev. Stat. §48-115, and that said members are fully entitled to benefits under the Workers’ Compensation Act.

            BE IT FURTHER RESOLVED that all of said volunteer firefighters named on Exhibit “A” are hereby specifically authorized and directed to serve outside the corporate limits of the municipality under the direction, orders and authority of the Chief of the Kearney Volunteer Fire Department in accordance with §4-204 of the Kearney City Code.

            PASSED AND APPROVED THIS 25TH DAY OF MAY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

DEPUTY CITY CLERK

 

17.        Approve the Application for a Special Designated License submitted by JCB ENTERPRISES, INC., dba “Bill’s Liquor” in connection with their Class CK39105 Liquor License to dispense beer, wine and distilled spirits at the Great Platte River Road Memorial Archway Monument, 3060 1st Avenue on June 23, 2004 from 8:00 a.m. until 1:00 a.m. subject to the City receiving the required Certificate of Insurance.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

PLANS AND SPECIFICATIONS – 2004 PART I IMPROVEMENTS; PHASE III

 

Mayor Blankenship opened for discussion the Plans and Specifications for the 2004 Part I Improvements – Phase III consisting of Paving Improvement District No. 2004-885 for 30th Avenue from 31st Street to 39th Street and set the bid opening date for June 15, 2004 at 2:00 p.m.

 

As part of the 2004 Long Range Goals, Budget process, and the current One and Six Year Street Improvement Plan, the City Council approved the upgrade of 30th Avenue to a four lane roadway. The City is ready to advertise and receive bids for the construction of the third phase of the project.  Attached is a letter from Miller & Associates requesting approval of the plans and specifications and to set the bid opening date for June 15, 2004 at 2:00 p.m. The Engineer’s Opinion of Probable Construction Cost ranges between $800,000 and $1,200,000.  The work involved is scheduled be substantially complete and open to traffic before November 1, 2004.

 

Dave Mead from Miller & Associates was present to answer any questions from the Council. 

 

Mayor Blankenship asked about the completion schedule for the project now that the bridge is complete. Director of Public Works Rod Wiederspan responded that the substantial completion date for the section up to 31st Street should be completed by the end of July then they will move into this next portion.  There will be continued access to that area during the project.  

 

Moved by Blankenship seconded by Kearney to approve the Plans and Specifications for the 2004 Part I Improvements – Phase III consisting of Paving Improvement District No. 2004-885 for 30th Avenue from 31st Street to 39th Street and set the bid opening date for June 15, 2004 at 2:00 p.m.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

BOY AND GIRLS HOME AND FAMILY SERVICES

 

Mayor Blankenship opened for discussion the request submitted by E.A. “Dusty” Jorgensen to appeal the decision by the Planning Commission approving the Application submitted by Boy and Girls Home and Family Services (Applicant) and Bearcat Enterprises, LLC (Owner) for a Conditional Use Permit to locate a hospital facility on property zoned “District C-1, Limited Commercial District” and described as a tract of land being part of Lot 2, Grandview Estates Eighth Addition to the City of Kearney, Buffalo County, Nebraska (north of 39th Street and east of Avenue N).

 

Dusty Jorgensen presented this matter to the Council. He had submitted a letter to the Council earlier in the day stating some concerns.  He also relayed a message from Bob Nordhouse and Joe Sobotka asking why this was going to be a steel building in this location with the steel side open to the north in view of their houses and lots? Other owners in the area expressed concern that this type of building would devaluate their property.  Mr. Jorgensen stated that after listening to “Talk of the Town” on the radio, he was uncertain if this facility is a hospital or a group home.  He also asked about the kind of kids, who would be housed in this facility, and what kind of problems they have.  Mr. Jorgensen had received conflicting information about whether the residents were going to be bused to school and work or would have a teacher on site.  Mr. Jorgensen requested that it be brought to the regular Council Meeting on June 8th.

 

City Attorney Mike Kelley stated that the issue is, whether the Council would be willing to hear the appeal for the reason that was set out in the agenda memo.  He stated there is a serious question if the Council should hear the appeal at all.  Neither the appeal request nor the request was filed within the 10 days allowed.  The petition was deficient in several respects such as; signatures were not notarized, and there were only 13% of the owners signed instead of 20%, which is required under the statute.  Mr. Kelley stated the protest appears to be insufficient and not valid enough to be heard. This is the first appeal from a Planning Commission decision received since the new UDO has been in effect.  The UDO vested the Planning Commission with the authority to issue certain special use permits and the procedure was set into the code.  The procedure is taken from the State Statutes to the extent that it could be followed. 

 

Council Member Kearney asked Mr. Jorgensen if he was aware that he did not have a sufficient percentage of signers in the area to do the appeal?  Mr. Jorgensen responded they were not aware of the procedures; they just had people volunteer to go around the neighborhood.  Mr. Kelley stated there were many signatures, but they were not all owners, the majority was tenants, and the statute and the ordinance requires owner signatures.  Mr. Jorgensen stated that they were unaware of the intent to build this facility in their area or the Planning Commission meeting.  Someone finally saw the sign by “Muddy Mike’s”, but the weeds were hiding it.  Since they did not know anything about it, the next thing they knew it was through the Planning Commission. 

 

Council Member Kearney asked how long the Conditional Use Permit would remain in force.  Director of Public Works stated that this particular Conditional Use Permit does not have a time limit on it.  He understood that the interpretation from the Code is that it would be permanent for this use.  If the use changes, it would have to fall within that zoning category or they would have to obtain another Conditional Use Permit for that new use.  As long as it remains as a hospital, it is allowable under that Conditional Use Permit. 

 

Mike Kelley stated that in paragraph 4 of this Conditional Use Permit, “subject to revocation upon notice and hearing by the Planning Commission, upon determination by the Commission that defirmity has failed, refused, or ceased to comply with the conditions set herein, or used to permit the property to be used in a manner so as to constitute a nuisance or being injurious or harmful to health, safety, morals, or welfare of the persons or property or future developments, require revocation.”  Mr. Kelley stated that if the homeowners encountered problems in the future, they could ask for a hearing before the Planning Commission to voice their objections.

 

Mr. Jorgensen asked if the Boys and Girls Home is a hospital facility?  Mr. Wiederspan responded that based on the overnight stay in a facility with beds, it is classified as a hospital under the Conditional Use Permit.  Mayor Blankenship asked if the “ACT Homes” across the state (group homes that have been in the news) are classified as hospitals.  Mr. Wiederspan responded that they are not; they are classified strictly as a group home. 

 

There was some discussion that if the Boys and Girls home were too close, could the building be used for another C-1 classification type facility, and could it still be used in that area.  Mr. Wiederspan responded a Conditional Use Permit is required to operate as a hospital in this particular zone.  Council Member Kearney asked if the square footage of the facility is over the zone limits. Mr. Wiederspan responded the Planning Commission determined that because the overall site is a large site with additional setbacks, they could grant the size of the building in this planned zone. 

 

Mr. Jorgensen stated there was some talk about the Boys and Girls Home considering use of the old Coors building further east of town and believed that would give them more space.  Mr. Wiederspan stated to his knowledge, the cost of remodeling was prohibitive and perhaps still would not bring them up to code for what they need.  It was his understanding they withdrew their application for those reasons.

 

Mayor Blankenship stated that in his conversation with Chief Dan Lynch there had only been minor incidents reported concerning the Boys and Girls Home (over the years), which is to be expected with any such facility.  Mr. Jorgensen stated that he believed the present location of the home is more isolated than the location that they are proposing.  Mayor Blankenship stated that the same security measures they are presently using will be in place, and perhaps on an expanded basis because of the new situation.  Mayor Blankenship pointed out that there are homes as close to Richard Young Hospital as there would be to the new facility.  There are about a half dozen new homes being built at this time, right north of Richard Young and near their property line.  There is also a school in the vicinity of the present location.

 

Mayor Blankenship stated that the ACT Homes have been a problem statewide.  His understanding is that they fall below the radar screen in terms of number of residents and so they do not need to be licensed.  According to federal law, zoning cannot prevent them being in residential areas.  He believed the comparison between the ACT Homes and the Boys and Girls Home is as different as night and day.  

 

Council Member Clouse asked if there had been any neighborhood meetings?  Mr. Jorgensen stated they are not really fighting the good that the home does.  They are fighting the steel building to be stuck in that area between an apartment house, Muddy Mike’s, and a facility like Casey’s that sells beer, cigarettes, and has ready money. They believe this environment would be a temptation to the residents of this facility.  Bringing troubled kids into their neighborhood makes people nervous. 

 

Council Member Kearney asked if Mr. Jorgensen felt protected by having the right to object if the facility does not meet the conditions of the permit?  Mr. Jorgensen responded that he did not feel protection from that right.  He believes the facility needs to be located in a more remote location. He stated that everyone in their area believes it should not be put in this area – two blocks from a school, one block from a rest home, and across from the fairgrounds. 

 

Council Member Hadley pointed out that it has been located at Richard Young Hospital with big homes, a park, and a school close to it with no complaints.  This residential treatment center has been located at Richard Young Hospital for many years.  He did not believe this would change with the new location.  Mr. Jorgensen responded the Boys and Girls Home has been a renter at Richard Young Hospital, and has had the advantage of their staff such as psychiatrist, etc.  In this new facility, they will not have that support and be on their own. 

 

Council Member Hadley pointed out there is a process in place about what the Planning Commission has the right to decide.  The new UDO states the number of days to file an appeal, notarization of signatures, and percent of signatures required from homeowners.  He believed the Council needs to abide by those rules.  He stated that if the Council decides to grant this appeal, this could set a precedent for potentially every Conditional Use Permit to come directly to the Council in the future without following the procedure in place. 

 

Mayor Blankenship stated he wanted to hear what the residents of this area have to say.  However, his home is as close to Richard Young Hospital as this facility will be to residences in this neighborhood.  He has not encountered any problems at all with the Boys and Girls Home or Richard Young Hospital, which is an even more intensive treatment facility.  Richard Young Hospital was already there when he chose to move into that neighborhood knowing that hospital was in his backyard.  Mayor Blankenship encouraged the neighborhood to take up the hospital’s offer to meet with them and he thinks they would be responsive to the concerns that have been voiced. 

 

Council Member Clouse stated that there is a process in place for Conditional Use Permits to be issued.  The developer has a timeline and when he gets the go ahead they start doing their design work and spending money. This could open the City to a law suit if they were to call a halt to the approval after this 3-4 week period.  He believed the reason this process is in place so this does not happen. The developer acted in good faith by doing everything they needed to do to be granted the permit.  He would be open to looking at this process and making some changes in the future if it is warranted.  He believed the key is that the landowners have protection under the Conditional Use Permit. 

 

Council Member Buschkoetter stated that the letter of the law is not as important as the spirit of it.  The letter of the law is having the signatures notarized, the right number of landowners, etc.  The spirit of the law is to say the Council relies on the Planning Commission to base their decision on the correct information and all the facts.  If the Council believed that there was gross negligence on the part of the Planning Commission, then it would be the Council’s responsibility to fix that by allowing the appeal.  He did not think there was any negligence on the part of the Planning Commission in their decision.  He did not believe the appeal was warranted since this group has been good neighbors in a similar setting at Richard Young Hospital.

 

Mr. Jorgensen stated based on his understanding of how the process has worked over the 50 years he has been in Kearney, he did not have any idea this issue would not go from the Planning Commission to the City Council for approval. He wanted to know if this was the first one that has been decided by the Planning Commission? He said he did not have any way to know that the process had changed?  It was confirmed that this was the first appeal to be received on a Conditional Use Permit since the new UDO.

 

George Blocker, 4305 Avenue P, stated he had read the proposal regarding this project and asked for an explanation of the water detention cell to the northeast that will drain all the water from that site. Director of Public Works replied that the overall drainage plan for Grandview Estates is a number of detention cells that would capture the water and then slowly drain into the sewer system.  There is a depression in the northeast corner of that property, which is the detention cell where all the water within that block accumulates, is detained, and then is slowly released into the City storm sewer system.  This is the cell that they have to maintain to the size and capacity to handle that water.  It is designed to be a dry cell.  It accumulates during the storm event and within 24-48 hours it will drain out and continue to be a dry cell.  Mr. Blocker stated they were concerned about having a mosquito breeding ground there in a rather densely populated area if water was left standing.  Mr. Blocker was satisfied with the explanation of the dry cell.

 

Tony Clark, Manager of the Grandview Apartments, stated there has been some confusion about the way the special use permits work and the approval process.  He suggested that it would be beneficial for the community to be more aware of the new process that the City has adopted under the UDO.  Even though he is in the developer business, he was taken off guard that this application was not going to come before the Council. He would be in favor of a review of the current policy.  He believed that a 10-day appeal process is a very short amount of time.  In most of the jurisdictions where he has worked, the appeal process is 30 days. He was also surprised by the fact that the 120 people, who signed the petition because of their concerns (although not homeowners), could not be considered.

 

Mayor Blankenship stated that the Council had taken note of the number of signatures.  He believed the fact remains there is a development process that has been followed to the letter of the law.  The appeal process was not followed.  This has made it a difficult decision for the Council.

 

Tim Norwood, 4411 Sunset Trail, stated that he is acting as the facilitator between the contractor, the landowner, the Boys and Girls Home, and the builder.  The Planning Commission heard this after properly advertising the meeting and posting signs at a time when the weeds were not high on that property.  There was not a single person that came to the Planning Commission in opposition to this permit.  He knows the Planning Commission does not take their job lightly.  During that meeting, there was discussion at length and many issues were brought out.  Representatives from the Boys and Girls Home were in attendance, along with a representative from a construction company (not the company that actually will end up building the facility).  Most of these issues were resolved at the Planning Commission meeting and after that the Commission determined that the permit should be awarded.  As a developer/facilitator, he put himself in a little bit of a bind because as soon as they knew that the timetable had been done, they activated the contractor, the lender, and the architect started doing his drawings.  Then at a later time, they found themselves in the situation of wondering if the process would need to be stopped.   He believed that they followed the rules and would like to see the petition denied for a hearing.

 

Council Member Clouse stated that he would like Mr. Norwood to coordinate a meeting between the neighbors and the Boys and Girls Home.  Some of the issues like the one Mr. Blocker brought up are just awareness issues that should be addressed.  Mayor Blankenship understood that the offer was made on more than one occasion to meet with the neighborhood, but for whatever reason did not happen.  Mr. Norwood stated that the meeting time is still open either to meet with the local manager, the regional manager out of North Platte, or some of their corporate people out of South Sioux City.  That was confirmed by Mr. Norwood again just before this meeting.

 

Council Member Clouse asked in the event that the Conditional Use Permit is pulled, is the facility designed so that it could be used for some other commercial application?  Mr. Norwood replied that the building was designed with that in mind and could be converted into an office building.  Council Member Hadley commented this could happen to any facility working under a Conditional Use Permit no matter what its purpose or where it is located. 

 

Council Member Kearney said he believed that the Conditional Use Permit protects the neighborhood from what they are most concerned about and they could use the objection process.

 

Council Member Buschkoetter stated that he agreed.  Since this is the first time that the Planning Commission approval has gone through since the UDO was adopted, that perhaps they could take a look at the new process to change some details.  The permit requires that they meet the conditions as set forth or their Conditional Use Permit can be revoked.  If they do not operate this Boys and Girls Home in a safe and professional manner, then they are out of business.  He assured everyone living in that area if they do not meet the conditions of the permit that is exactly what the Council would do in a prudent manner.

 

Council Member Clouse stated that he believed the number of days should be reconsidered for review and a plan developed to make the community more aware of the process. City Manager Allen Johnson stated that typically the City ordinances are based on the State Statutes.  The City Attorney has been very consciences about keeping them in line with State law because it is the way to insure that they would withstand appeals later.  This is the standard that the City uses at this time, even though we might think the State laws need to be changed, we try to follow as closely as we can. 

 

Moved by Blankenship seconded by Kearney to deny the request submitted by E.A. “Dusty” Jorgensen to appeal the decision by the Planning Commission approving the Application submitted by Boy and Girls Home and Family Services (Applicant) and Bearcat Enterprises, LLC (Owner) for a Conditional Use Permit to locate a hospital facility of property zoned “District C-1, Limited Commercial District” and described as a tract of land being part of Lot 2, Grandview Estates Eighth Addition to the City of Kearney, Buffalo County, Nebraska.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

OPEN ACCOUNT CLAIMS --      NPPD -- $47,131.18

 

Moved by Kearney seconded by Hadley that Open Account Claims in the amount of $47,131.18 payable to NPPD be allowed.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Kearney, Buschkoetter.  Nay: None.  Clouse abstained.  Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Hadley that Council adjourn at 8:45 p.m.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

                                                                                    BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

CATHY M. VOGT

DEPUTY CITY CLERK