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Kearney, Nebraska

July 27, 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 July 27, 2004 in the Council Chambers at City Hall. This meeting adjourned at 7:51 p.m. A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:52 p.m. in the Council Chambers at City Hall.  Present were: Bruce Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Galen Hadley, Don Kearney. Absent: Stan Clouse.  G. Allen Johnson, City Manager; Michael Kelley, City Attorney; and John Prescott, Assistant City Manager; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Michael Hendrickson, Terry Krohn, Amy Elwood, Carlos Segura, Dan Lindstrom, Jeff Peterson, Cathy Mettenbrink, Steve Sickler, Ronnie Lux, Laura Lee, Heather Swanson-Murray, Mike Cahill from KKPR, and Mike Konz from Kearney Hub.

 

Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being attached to these minutes.  Advance notice of the meeting was also given to the City Council and a copy of their acknowledgment or receipt of such notice is attached to these minutes.  Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and City Council.  All proceedings hereafter shown were taken while the meeting was open to the attendance of the public.

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

A moment of silent prayer was held.

 

PLEDGE OF ALLEGIANCE

 

The Council members led the audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS

 

Terry Krohn and Amy Elwood updated the Council on Two Rivers Public Health Department Council Board Update. The Department has developed mission statement/vision and priority areas and a District Health Improvement Plan.  TRPHD has a web site that is available but is still under construction.  They submit an annual report of the Department to the Office of Public Health in October, which is presented to the Unicameral in December. 

 

The Department has $75,000 in its 2003-2004 budget for grant funding opportunities of up to $5,000 for programs/projects in the seven county district that qualify by meeting the Mission, Priority areas and/or District Health Plan Objectives. A grant committee has been established to review and make recommendations for funding to the Board of Health. The Department has awarded two grants for $5,000 each.  One grant went to Buffalo County Community Health Partners and the other to Phelps County Safe Communities to place Automatic External Defibrillators in law enforcement vehicles and public buildings.  Grant applications are on the Department’s web site or are available from the office.

 

In 2003, the Department had the 2003 CDC Youth Risk Behavior Survey conducted by Buffalo Beach Company.  The survey included students in grades 9-12 in the seven-county districts.  The results from the survey have been shared with the schools and other interested entities.  Results showed that the kids have similar risk behavior patterns as those in the city and nationwide.  Being in a rural area does not protect them.  The seatbelt use, alcohol use, binge drinking, and riding with someone that has been drinking are some of the problem areas identified by the survey.  The Department provided the Juvenile Service Protection Planning Committee that includes Franklin, Harlan, Kearney and Phelps Counties with statistics to aid them in their funding request to the state.

 

The Department contracted with Radical Youth Invasion to provide a program that addressed the risk behaviors that were identified in the YRBS survey and offered suggestions for alternative behaviors.  2000 students and faculty were involved from the towns of Alma, Kearney, Holdrege, Loomis, Bertrand, Minden, and Lexington.  The events took place October 22 – 24, 2003 in area high schools.  The program addressed risk behaviors that were identified by the Youth Risk Behavior Survey and was very well received by both students and adults that participated.

 

Dental Day was held on February 27, 2004 at the UNMC College of Dentistry in Lincoln, Nebraska.  Seventy-three kids from Lexington, primarily uninsured, received free dental treatment from dental and dental hygiene students and instructors at the college.  Doctors Fagot, Mandelko, Sorenson and their staff provided free exams and x-rays for the kids prior to their trip to Lincoln.    Lexington schools provided organization, transportation, and supervision.  They are continuing to investigate additional ways to address unmet dental needs in the district.  TRPHD and UNMC College of Dentistry received recognition for Dental Day V from the Nebraska State Board of Health.

 

There has been a new interlocal agreement adopted by the Board of Health to present to the County Boards for their adoption.  It addresses funding requirements of the counties and the department and also clarifies the administration of the department.

 

TRPHD was a partner in the two SICA (State Incentive Cooperative Agreement) funding grants that were written in the district.  They provided statistics from the 2003 YRBS survey they conducted to substantiate the funding requests.  Buffalo County Community Partners has received $125,000 in SICA funding; Quad County Coalition (Franklin, Harlan, Kearney, and Phelps Counties) received $100,000.  These funds will be used for programs that address risk behaviors, especially alcohol and drug prevention/education for youth.

 

The Department has funded $30,000 out of the Programs budget to support the Public Immunization Program of Community Action Partnership of Mid Nebraska to support the continuation of the program in the district for 2004.  Julie Weir, RN, is the Coordinator of this program.  There are 2,503 active kids in the database; support is $11.98 per child ($0.60 a shot).  Public clinics are held in Buffalo, Dawson, Gosper, Harlan, Kearney and Phelps Counties.

 

The Department will be contributing $20,169 in program funding to the United Way to support the establishment of the 211 information and referral system that unites people with health and human services and emergency information available in state and nationwide.  There are currently 11 counties in Nebraska in the system.

 

The TRPHD Emergency Response Plan has been completed and submitted to the State on March 31, 2004.  This plan was a requirement by the State for continuing funding of the Bioterrorism grant to all of the Health Departments in Nebraska.  The objectives of the Emergency Response Plan are to provide guidelines for the Public Health Department officials and to define their role in response to the public health emergencies.  This plan was created in coordination with each county’s LEOP (Local Emergency Operations Plan), in conjunction with Emergency Management.  All of the County Boards will be briefed on this plan in the upcoming year in preparation for a full scale exercise scheduled for March of 2006.

 

TRPHD is part of the TRIMRS steering committee.  This is the only Rural Medical Response system in the United States and includes Grand Island, Hastings and Kearney.  Funding of $130,000 was received from Nebraska HHSS to hire Dave Glover as the coordinator of this group and help with the organization.  The mission of the group is “to create and maintain a system for responding to public health emergencies by enhancing existing local planning efforts for resources, expertise, communication and personnel, in order to increase the capabilities to manage a large number of casualties and/or disruption of services.”

 

Additional funding will be applied for and the goal is to coordinate a medical response system that includes the Two Rivers, south Heartland and Central District Health Departments.

 

Sixty-nine out of 83 percent of the schools in the district participated in the school illness surveillance program funded by Nebraska Health and Human Services (HHS).  Phone calls were made to each school to obtain the number of children absent due to illness each week.  Any unusual occurrences would have been immediately communicated with HHS.  No abnormal patterns of absences were discovered.  They attended the Centers for Disease Control and Prevention Applied Epidemiology course, which covered the procedures necessary to investigate a disease outbreak should one occur.

 

The Department’s Nebraska Public Health month activities in April 2004 included sending press releases to the media on health topics, an open house reception for the public and a coloring contest for all second grade students in the district.  This year’s coloring contest theme was “What Do You Do to Stay Healthy?”  There was a 31 percent return rate for entries in the coloring contest.

 

The Department has conducted a program called “Walk Out on Your Job”.  There were walks held in Holdrege, Minden and Lexington.  The Holdrege and Minden walks were held on May 19, 2004.  Holdrege had 342 walkers participate; Minden had 75 participants.  The Lexington walk was held June 2, 2004 and 122 walkers participated.  The events were very well received and they hope to expand them next year into additional communities and counties.

 

Several brochures have been developed; West Nile, Fifth Disease, DEET, hand washing and a TRPHD informational brochure.  Community health education presentations have been given on topics such as diabetes, West Nile virus prevention, and nutrition. Other education efforts include mailings to school nurses and local businesses on various topics.

 

They service as an information source to local media on various health topics:  West Nile Virus, Wellness, Rabies, SARS, etc. They have regular contact with area newspapers, radio and television. They serve as an information and referral source and follow up connection between the public and Nebraska HHS and other government entities like the Department of Environmental Quality and Department of Agriculture.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

BOARD OF EQUALIZATION – PAVING DISTRICT NO. 2002-868

 

Moved by Blankenship seconded by Kearney to remove from the table the public hearing for the City Council to meet as a Board of Equalization to assess costs for the 2003 Part I Improvements consisting of Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to 30th Avenue and to consider approval of Resolution No. 2004-114. Roll call resulted as follows: Aye: Blankenship, Hadley, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

 

The City of Kearney created this paving district in February of 2002.  The 2003 Part I Improvements consisted of Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to 30th Avenue. The widening of 39th Street was included on the City’s One Year Street Improvement Plan. The paving portion considered for assessment is represented by all labor, materials, and equipment required to pave a 36-feet wide, 6-inch thick concrete street. Paving width/thickness, oversizing and intersections are not subject to assessment.

 

After completion of the construction project, the City hired a title company to complete property abstracts so that assessments could be levied.  On December 23, 2003, the Council met as the Board of Equalization and assessed the costs against the property with a few exceptions. A piece of land located along 39th Street was not assessed on December 23, 2003 for the reason it was to be developed as single family or duplex development. A developer has purchased this piece of property and will be constructing tri-plexes which is considered to be a higher density and, therefore, will be assessed.

 

Resolution No. 98-120, passed by the Council on May 26, 1998, established a policy for assessment standards for paving districts. Single family and duplex development along arterial streets are not assessed for paving improvements.  The intent of the policy was to give developers an incentive to develop low density residential along the arterial street system in order to reduce the access points improving safety and traffic flow along our arterial street system.

 

This district has been completed and, in order to satisfy state law, when paving, water and sewer districts are completed, the City Council must act as a Board of Equalization to levy assessments on this piece of property so benefited. At the June 22nd Council meeting, the Council set July 13, 2004 as the time and place to meet as the Board of Equalization. The property owner had requested the matter be tabled for the reason he was not able to attend the meeting.

 

The City Council is asked to sit as a Board of Equalization to levy the assessments.  Property owners will then be required to pay the first installment within 50 days (September 15, 2004) or will be able to pay the entire assessment without any interest prior to this date.  The City of Kearney has already issued warrants to pay for the construction work.

 

Director of Public Works Rod Wiederspan stated this district was completed as part of last year’s improvements.  It was assessed to the property owners.  At that time, this particular property was zoned R-2 and did not have assessments at the time.  The developer came in and decided to build 3-plexes and 4-plexes, which fall under the multi-family (high density) type units.  As a result of the multi-family units, the assessments need to be levied.

 

Dan Lindstrom, attorney for Carlos Segura, presented this matter to the Council. He stated that the issue is somewhat technical and asked that the Clerk make his comments part of the record for the meeting.  The development is residential – 35 units as defined under the Kearney City Code and is located on 5.92 acres.  Each of those units is 360 square feet on the main floor and has separate entrances and separate 2-car garages.  In calculating the density as described in the UDO, those 35 units are divided by 5.9 acres, which equals 5.9 units per acre.  Another way of looking at it is that each unit is represented by 7,343 square feet on that lot.  As they compared each of those units, both in the size and the amount of land that is used per unit in this development, they do not believe that this is a dense development at all.  In fact, they believe this property has densities that are similar to single-family homes in this community.  Single family units have similar square footage on the interior and also similar or less square footage than on their individual lots.  

 

The property has no direct curb cut access to 39th Street.  The entrance to the development is to Country Club Lane, but it is adjacent on its south border to 39th Street. The buildings were configured in such a way that the majority of the buildings are four units and one has three units per building.  Mr. Segura told Mr. Lindstrom that given the size of the lot it would have been easy for him to develop 35 units in the form of duplexes on that lot.  So Mr. Lindstrom posed the question of “how dense is the development on this lot?” 

 

The buildings were configured in four units per building for the most part because then you get additional green space in the unit.  Green space makes the unit more aesthetically attractive.  He agreed there are probably some cost savings, but he had not talked to Mr. Segura about the construction costs. Mr. Lindstrom also pointed out this is in R-2 zoning, which is the same zoning that would permit duplex development.  His understanding is that City staff has in the past taken the view that residential low density, (administratively defined as being single family development or duplex) has been more formalized in the fact that the Council passed a resolution on a consent agenda in June; however, without any discussion that he can find on the record.  He has not been able to get any position from City Staff as to the interpretation of whether the new policy applies to this district that was created in 2002 and work done in 2003 or not.  He asked for clarification on that point.  Mr. Lindstrom said that he had visited with City Attorney Kelley about this, but not with Rod Wiederspan.

 

Director of Public Works stated that when the changes were made, the intent was that all districts created prior to the adoption of the new policy would fall under the old policy.  In this case the old policy is applicable.  The old policy definition of low density was single family or duplexes (under City Planner Dick Kellenberg, who did our old Comp Plan).  When Marty Shukert did the new Comp Plan, he threw in some low density, medium density, high density, which allows up to a 4-plex or a townhouse in an R-2 zone.  Prior to that, a duplex was the highest density that could be built in an R-2 zone.  With the adoption of the new policy, they hoped to clarify some of those changes with the new UDO. 

 

Mr. Lindstrom stated that in Resolution 98-120, the policy that was formalized by the Council in 1998 (new street or street reconstruction) had two categories of residential properties that would be considered by the Board of Equalization on this issue.  Residential low density and residential high density were the two categories.  The policy says density.  He believed that in practice a line was drawn at duplexes and that everything that has more units per building as being high density.  This makes an assumption that a developer putting 4-units in a building is going to develop that property as densely as they can.  The statute and the case law are very clear.  If you are going to assess an adjacent landowner for a street improvement, it must be based on the relative benefit that the landowner has achieved.  He stated that policy has been formalized in Resolution 98-120, which stated to look at density.  Mr. Lindstrom asked the Council to really look at density in this development.  He believes under Resolution 98-120 this should be treated as low density residential and should not be subject to an assessment for the 39th Street paving district.

 

Mayor Blankenship asked, “by what definition would it fit under low density?”  Mr. Lindstrom responded that Resolution 98-120, which is the operative policy of the City, states low density or high density which is the only thing that it specifies.  In visiting with City Staff, his understanding is that as a practice they assume if you build more than two units per building, then it will be high density and traditionally put into that category.  His argument is that the resolution does not state that.  The R-1 definition in the UDO states that gross densities of below four units per acre is low density. The UDO density definition of R-2 (mixed density district) is between 6 and 12 units per acre.  R-3 defines medium density as 12-18 units per acre.  High density is generally above 18 units per acre.  His point is that if density is considered, which is the number of units per acre, and then the LaVista development at Lighthouse Point has 5.9 units per acre and is really not high density.  This should fall into the low density category and therefore should not be assessed.  He would agree that the new UDO policy was passed after Resolution 98-120.  He pointed out that in looking at the existing developments in Kearney, there are single family residential homes that have less than 1,360 square feet, and that have much less than 7,343 square feet on their lot, so are built more densely than the LaVista at Lighthouse Point. 

 

Council Member Kearney stated that consistently, since he has been on the Council, single family and duplexes were low density.  He believed they must be consistent and not break precedence. He could not recall any instant over his 7½ years on the Council where the defining issue was high density being something more than a duplex. He believed that if they start making decisions based on technicalities that would open a “can of worms” all through the City. After reviewing the information that Mr. Lindstrom provided, Mr. Kearney stated he could not see the application of the point that Mr. Lindstrom was trying to make.

 

Mr. Lindstrom responded that he was not aware that anyone has ever raised this issue in this fashion before.  He believed that the assumption that Staff and/or Council has been making about density in developments that had more than duplexes might have been justified in being treated as high density.  In the case of the LaVista development, he wants the actual density calculation for the development to be considered, not just the fact that they are 4-plexes and a tri-plex. The units are being constructed in a way that the buildings are not being densely developed on that lot.  The City’s document says that you consider density.  If that is not the case, that would create a problem for the City.

 

Council Member Kearney asked if this is only applicable for an arterial street.  Mr. Lindstrom said the question is “has the landowner been afforded a benefit that is greater than a regular citizen of Kearney would normally have?”  Every taxpayer in Kearney derives some benefit from an arterial being created so that is why the cost this is stair stepped. He stated that no benefit would be bestowed on this owner of this property by the 39th Street reconstruction.  It very well could be a detriment to his development.  He believed that it is arbitrary to say just because the buildings have been configured in such a way that there is a benefit. There was some discussion about the statement of 39th Street being a detriment to the development.  Mayor Blankenship made a point if it were a detriment; the developer would not have built in that location and the property owners will make their purchase based on the knowledge of the street location.

 

Council Member Hadley stated that a short time ago, the original request before the Council from this developer was that tri-plexes and 4-plexes were better for this development.  He believed there is some contradiction because now they are coming back and saying these are really more like single family and duplexes. At the time the multi-plexes were approved, the developer was aware of the street assessment issue, which was agreeable at that time.

 

Mr. Lindstrom stated this development was pushed together to create more green space. His experience in the past has been when visiting with Rod Wiederspan and the Staff with a developer client, one of the City’s concerns is how much green space can be created in the development.  He believed by penalizing this developer with the assessment for pushing the buildings together, than there will not be much green space in the future. 

 

Council Member Buschkoetter stated that there was a two hour discussion about going from duplexes to the current configuration.  Even though talk about density formulas, policies from 1998 and the present UDO, most people would define multi-plexes as a denser form of living than duplexes.  The practical application of multi-plexes is how many people are going to live in a given area or in a given parking space verses would live in duplexes. Mr. Lindstrom responded his understanding was that the same number of duplexes as multi-plexes could have been built in this area.

 

Mayor Blankenship stated that Mr. Segura previously come before the Council, he stated for economic reasons that the multi-plex concept was his choice. Mayor Blankenship stated his decision was based on the fact in 1998 the choices were high or low, and this development fell into the high density.  Even with the four sizes under the present UDO the development still is not low density, it would be the mixed definition.  Either way this does not fall into the low density and should not be exempt from the assessment.

 

Carlos Segura, 15 Lakeview Drive, stated he did not agree that a certain type of building should be considered high density.  He believed that the size of land that the units are built on should be the determining factor. According to the new Code, this is a mixed density (4-8 units per acre), which is not a high density.  He stated these are townhouses with separate entrances although attached in a 4-unit configuration.   Mayor Blankenship stated that he believed anyway you look at this, low density is 4-units per acre or under and Mr. Segura’s project is at 5.9 units per acre.  This means that the development is not low density.   

 

City Attorney Mike Kelley stated that looking back at plan maps in the 1980’s when Dick Kellenberg was the City Planner; low density has always been consistently treated as four units or less per acre.  This has been the consistent application that the City has made.  Resolution 98-120 states that the exception for that is residential low density, which has always been construed and applied to mean R-1 with the exception of duplexes, not R-2 which is the distinction.  If the new Resolution 2004-99, has any application (which it does not to this question) the only relevance it has is that Staff clearly defined it in 2004-99 and clearly stated that low density is single family residential and duplex units only.

 

Director of Public Works addressed the issue of the benefit from the arterial street.  The City will only assess the amount that a local street would cost any owner.  All street oversizing costs will be picked up by the City.  A number of developers have built duplexes and townhouses on our arterials. The Staff has informed everyone that by the policy in the past assessments, the Board of Equalization has levied assessments on developments over two units.  The developer must make their own economic decision about whether to build duplexes or 4-plexes.   

 

Mr. Lindstrom stated on the second page of the new policy that Mr. Kelley referred to, it specifically talks about R-2 developments under which duplexes would apply.  He again brought up the point that the UDO has four categories, but the policy states only low density and high density. His question was if you are mixed density, then which are you high or low?  He did not believe that using the shortcut method of saying if you are a duplex or a building with less than three units in it then there is no assessment, does not address the issue of density. 

 

Mr. Kelley responded back to Mr. Lindstrom’s comments. The definition is set in Resolution 2004-99.  What Mr. Lindstrom referred to the first full line of the second page which says, “the residential low density special assessment deferral shall apply only to property zoned R-1 or R-2 which is intended to be developed into single family or duplex units only.  He believed that this completely defines that point.

 

Council Member Buschkoetter stated he did not believe that they have been taking a shortcut.  They are using the definition and following the policy the Council has always used.  This is a beautiful development and he believed that one of the things that will appeal to the purchasers is the great location.  Part of the location is the ease of travel all the way around the beltway.       

 

Moved by Kearney seconded by Hadley to close the hearing as the Board of Equalization and approve to assess costs for the 2003 Part I Improvements consisting of Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to 30th Avenue and approve Resolution No. 2004-114. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2004-114

 

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

            Section 1.  The President and Council find and determine that the street in Paving Improvement District No. 2002-868 has been improved by paving, curbing and guttering and incidental work, that none of the properties listed, which list is marked Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedule does not exceed the amounts which said lot and parcel of ground was specially benefited by said improvements and the total amount of said special assessments does not exceed the costs of said improvements exclusive of the cost of the intersections and areas formed by the crossing of streets, avenues and alleys as heretofore determined by the Mayor and City Council.

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

            Section 3.  That there be and there is hereby levied against the lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground.  Said assessments for Paving Improvement District No. 2002-868 shall become delinquent as follows:

            1/10th fifty days after date of this Resolution

            1/10th one year after date of this Resolution

            1/10th two years after date of this Resolution

            1/10th three years after date of this Resolution

            1/10th four years after date of this Resolution

            1/10th five years after date of this Resolution

            1/10th six years after date of this Resolution

            1/10th seven years after date of this Resolution

            1/10th eight years after date of this Resolution

            1/10th nine years after date of this Resolution

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

            PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

DIAMOND SHAMROCK LIQUOR LICENSE

 

Mayor Blankenship opened the public hearing on the application for a Class A (Beer On Sale Only) Liquor License submitted by KB&KS INVESTMENTS, LLC, dba “Diamond Shamrock” located at 414 2nd Avenue South, approve the application for Corporate Manager of Ronnie Lux, and to consider approval of Resolution No. 2004-126. Application amended to a Class B – Beer Off Sale Only Liquor License.

 

This application is associated with a new convenience gas station located south of the I-80 Interchange near Platte Road.  The station is owned by KB&KS Investments out of Hays, Kansas and will be managed locally by Ronnie Lux.  Most convenience stations in the community have off sale licenses to dispense alcohol.  The area would be in close proximity to the 1st Inn Gold, Holiday Inn Express, Skeeter Barns and the Tri-City Arena.

 

The station was recently constructed new in the last several months.  The station will be managed by Mr. Lux, a long time resident of Kearney, and formerly the manager of Foote’s Convenience Store on East Highway 30.  The business is owned by two sisters, Kim Briney and Kelly Stiles.  Their father, Ralph Gottschalk owns several of these stores in the Kansas and Colorado areas.

 

In looking at the application, it was noted that the application was for a Class “A” (Beer – On Sale Only) license. When Administration contacted Mr. Lux concerning the type of license they had requested, it was noticed that the intent of the application was for a Class “B” (Beer – Off Sale Only) license. Administration contacted the Liquor Control Commission and they recommended the Council amend the application to a Class “B” instead.

 

Mr. Lux was the manager for Foote’s for 17 years and has substantial experience in this business.  Mr. Lux has a good knowledge base of applicable statutes and ordinances as they apply to the sale of alcoholic beverages and has and will work with the department to train his employees.

 

Ronnie Lux, 110 Blue Sky Drive, Gibbon, presented this matter to the Council. He has talked to Colin Wilke of the Kearney Police Department and the State Patrol.  He has been through the liquor control training himself and will be sending all of his employees to the classes so they are aware of the laws and regulations. 

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the amended application for a Class B (Beer Off Sale Only) Liquor License submitted by KB&KS INVESTMENTS, LLC, dba “Diamond Shamrock” located at 414 2nd Avenue South, approve the application for Corporate Manager of Ronnie Lux, and approve Resolution No. 2004-126. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2004-126

 

            WHEREAS, KB&KS INVESTMENTS, LLC, dba “Diamond Shamrock” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘A’ (Beer – On Sale Only) Liquor License to do business at 414 2nd Avenue South, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, a hearing was held relating to said application on July 27, 2004; and

            WHEREAS, it has been determined that the applicant intended to make application for a Class ‘B’ (Beer – Off Sale Only) and that the application should be amended accordingly.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘B’ (Beer – Off Sale Only) Liquor License to KB&KS INVESTMENTS, LLC, dba “Diamond Shamrock” located at 414 2nd Avenue South, Kearney, Nebraska.

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

            PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

BARISTA’S DAILY GRIND LIQUOR LICENSE

 

Mayor Blankenship opened the public hearing on the application for a Class J (Wine and Beer On Sale Only) Liquor License submitted by BARISTA COMPANY, dba “Barista’s Daily Grind” located at 2400 Central Avenue, approve the application for Corporate Manager of Cathy Mettenbrink, and to consider approval of Resolution No. 2004-127.

 

An application for On-sale only liquor sales was received from Barista’s Daily Grind located at 24th Street and Central Avenue.  The business plans to offer wine to its customers as well as a variety of coffees, other non-alcoholic beverages and foods.  A background was conducted.  The owners of the business, Steve Sickler and Cathy Mettenbrink, were interviewed.  Neither party has any substantial experience in the retail liquor business but was cooperative with police officers.  The business plan is to offer to customers the opportunity to purchase bottled wines to be consumed on the premises.  A customer could also purchase bottles of wine and retain them in storage on sight for future consumption.  All consumption would be on sight and no alcoholic beverages would be allowed to be removed.

 

This is a newer business and this form of sale is somewhat unique.  Wine only is not a common license type.  The idea that if a customer found a particular wine they enjoyed, and wanting to secure additional bottles from a limited supply, being able to purchase and store at the business is also unique.  In speaking with Ms. Mettenbrink, she is very interested in cooperating and making this venture successful.  The location is new to the community and located in the Downtown Centre.  The sight is open with “garden type” seating.  Though somewhat unique, this operation is within the statutes and ordinances.

 

Cathy Mettenbrink, 3807 14th Avenue, presented this matter to the Council. They would have bottles of wine available for sale that will be consumed on the premises. An individual could buy any quantity of bottles and keep it in a private locker on their site for any length of time.  Sales and consumption would only be allowed during normal operating hours.  This is a new concept that they have come up with on their own.  They pride themselves in coming up with their own ideas.  The serving area will be inside or on their patio. They also will have a tasting room for coffees and wine in the training center, which is also where the wine will be stored.  The wine, breads, cheeses, etc. will be purchased in the building along Central Avenue called the Pastry Shoppe.  They have visited with law enforcement and they have offered their help along with some of the other support programs. 

 

Mayor Blankenship stated this is an interesting concept.  He complimented them on the success they have had with the two business locations in Kearney.  He does not doubt their business judgment with regard to this liquor license, but needed to make sure they are prepared to operate the business according the law.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the application for a Class J (Wine and Beer On Sale Only) Liquor License submitted by BARISTA COMPANY, dba “Barista’s Daily Grind” located at 2400 Central Avenue, approve the application for Corporate Manager of Cathy Mettenbrink, and approve Resolution No. 2004-127. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Kearney. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2004-127

 

            WHEREAS, BARISTA COMPANY, dba “Barista’s Daily Grind” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘J’ (Wine and Beer – On Sale Only) Liquor License to do business at 2400 Central Avenue, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, a hearing was held relating to said application on July 27, 2004.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘J’ (Wine and Beer – On Sale Only) Liquor License to BARISTA COMPANY, dba “Barista’s Daily Grind” located at 2400 Central Avenue, Kearney, Nebraska.

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

            PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

THE CELLAR BAR & GRILL LIQUOR LICENSE

 

Mayor Blankenship opened the public hearing on the application for a Class I (Spirits, Wine and Beer On Sale Only) Liquor License submitted by EARN & RETURN INVESTMENTS, INC., dba “The Cellar Bar & Grill” located at 3901 2nd Avenue, approve the application for Corporate Manager of Michael Hendrickson, and to consider approval of Resolution No. 2004-128.

 

The Cellar Lounge, a local restaurant, recently was sold and purchased by Mr. Hendrickson.  In accordance with statutes, change in ownership and management requires a new license to dispense alcoholic beverages be submitted.  A background on Mr. Hendrickson, as the Owner/Manager was conducted. The Cellar Lounge is an existing business which has been in operation as a restaurant for quite some time.  There have not been any issues involving the alcohol sales in recent history.  This is a restaurant, and a majority of the businesses proceeds are obtained through the sale of food.  The license would be for the continuation of business as conducted in the past.

 

Attorney Heather Swanson-Murray presented this matter to the Council. She stated 

that Michael Hendrickson and his wife formed a corporation and have purchased The Cellar Bar and Grill, which is a long standing Kearney business.  They purchased it as an ongoing concern and have been operating it since July 5th under a temporary agency agreement/or provisional liquor license from the previous owner.  They have retained all of the employees that were previously employed there including the manager, Laurie Lee, who has been there since 1987 and three other assistant managers, who are also long time employees.  They have already scheduled training for their staff with the Kearney Police Department. 

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Kearney to close the hearing and approve the application for a Class I (Spirits, Wine and Beer On Sale Only) Liquor License submitted by EARN & RETURN INVESTMENTS, INC., dba “The Cellar Bar & Grill” located at 3901 2nd Avenue, approve the application for Corporate Manager of Michael Hendrickson, and approve Resolution No. 2004-128. Roll call resulted as follows: Aye: Blankenship, Hadley, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2004-128

 

            WHEREAS, EARN & RETURN INVESTMENTS, INC., dba “The Cellar Bar & Grill” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘I’ (Spirits, Wine and Beer – On Sale Only) Liquor License to do business at 3901 2nd Avenue, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, a hearing was held relating to said application on July 27, 2004.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘I’ (Spirits, Wine and Beer – On Sale Only) Liquor License to EARN & RETURN INVESTMENTS, INC., dba “The Cellar Bar & Grill” located at 3901 2nd Avenue, Kearney, Nebraska.

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

            PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ENGINEERING REPORT OF SOUTHEAST SEWER PROJECT

 

Mayor Blankenship opened the public hearing on the engineering report for construction of sanitary sewer mains to be construed at the following locations: from the intersection of Avenue M and 18th Street in an easement to Avenue O; in Avenue O from proposed 18th Street to 22nd Street; in 20th Street from Avenue O to Avenue M; in Avenue N from 20th Street to 22nd Street; in 21st Street from Avenue N to Avenue M; in 22nd Street from Avenue N to Avenue M; in Avenue D from 11th Street to 13th Street; in Avenue K from 14th Street to 15th Street; in 14th Street from Avenue K to Avenue M; and in 15th Street from Avenue K to Avenue M and to consider approval of Resolution No. 2004-129.

 

Jeff Peterson from Miller & Associates presented this matter to the Council. In this year’s budget the City of Kearney included funds to construct several sewer districts in Southeast Kearney. At the July 13, 2004 City Council meeting the Council approved the creation of Sewer Districts and Sewer Connection Districts.

 

The purpose of this public hearing is to fulfill the requirements so that the State of Nebraska Department of Environmental Quality can issue a Finding of No Significant Impact (FONSI) for the project. The FONSI will allow the City to receive the remaining balance, $161,335.00, of unused grant money that was initially awarded to the City in 1996 by the EPA for the Wastewater Treatment Plant Improvements.

 

The districts are Sewer Connection District 2004-1, located in 18th Street if extended east of Avenue M to Avenue O, Sewer Connection District 2004-2 for Avenue O from 18th Street, if extended, to 22nd Street, Sewer Connection District 2004-3 for 20th Street from Avenue M to Avenue O, Sewer Connection District 2004-4 for Avenue N from 20th Street north to 22nd Street, Sewer Connection District 2004-5 for 21st Street from Avenue M to Avenue N, and for Sewer Connection District 2004-6 for 22nd Street from Avenue M to Avenue N.  Other districts created at the last meeting are Sewer Connection District 2004-7 for Avenue D from 11th Street to 13th Street and for districts that were requested by developers which include Sewer District 2004-475 for Avenue K from 14th Street to 15th Street, Sewer District 2004-476 for 14th Street from Avenue K to Avenue M and Sewer District 2004-477 for 15th Street from Avenue K to Avenue M.

 

To fulfill the requirements to obtain the unused grant money the Council must conduct a public hearing on the Engineering Report for the Wastewater System Improvements. A copy of the engineering report was previously given to the Council. Notice of the Public Hearing was published 30 days in advance of tonight’s meeting.

 

The public hearing is being held, as required, to hear from any person who may have concerns regarding the project that they believe should be resolved before the project proceeds.  Those concerns could be street closings; access to their property and restoration of affected property after the work is completed.

 

Miller and Associates, acting as engineers for the City, has already sent notice of the project to all State and Federal Agencies that may have an interest in the project. State and Federal Agencies include the State of Nebraska Historical Society, State of Nebraska Game and Parks Commission, United States Fish and Wildlife Service and others.  The City has received letters from the agencies all of which have indicated that they do not have any concerns with the project at this time.

 

The Utilities Department has included funds in this year’s budget for all of the sewer districts proposed.  The funds to pay for the construction of these projects has been carried over from this year’s budget and included in the budget for 2004-2005. Additionally, the Utilities Department will use the cost of the Wastewater System Improvements as grant match to obtain the unused balance, $161,335.00, of the EPA Grant that was awarded to the City in 1996 for the Wastewater Treatment Plant Improvement Project. The grant balance will not be used to reduce the cost of the assessments and connection fees but instead will be placed in the sewer fund to benefit the sewer ratepayers of the City.

 

The Wastewater System Improvements are being proposed to serve areas of the City that have a need for the service and have been without sewer for a number of years because of physical barriers and for which many property owners can not take on the liability of an annual assessment, other districts have been requested by a developer. The Utilities Department has included the cost for these improvements in this year’s budget and carried the money forward and included it in next year’s budget also.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Hadley to close the hearing and approve the engineering report for construction of sanitary sewer mains to be construed at the following locations: from the intersection of Avenue M and 18th Street in an easement to Avenue O; in Avenue O from proposed 18th Street to 22nd Street; in 20th Street from Avenue O to Avenue M; in Avenue N from 20th Street to 22nd Street; in 21st Street from Avenue N to Avenue M; in 22nd Street from Avenue N to Avenue M; in Avenue D from 11th Street to 13th Street; in Avenue K from 14th Street to 15th Street; in 14th Street from Avenue K to Avenue M; and in 15th Street from Avenue K to Avenue M and approve Resolution No. 2004-129. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2004-129

 

BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the engineering report for Wastewater Collection System Improvements as prepared by Miller & Associates, a copy of the Report, marked Exhibit “1”, is attached hereto and made a part hereof by reference, be accepted and approved.

            PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Hadley seconded by Buschkoetter that Subsection 3 of Consent Agenda Item IV be removed from the table to vote on. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None. Clouse absent. Motion carried.

 

Moved by Buschkoetter seconded by Blankenship that Subsections 1 through 15 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Kearney. Nay: None. Clouse absent. Motion carried.

 

1.         Minutes of Regular Meeting held July 13, 2004.

 

2.         Approve the following claims: A Affordable Travel $105.00 Tr; A-1 Refrigeration $2,609.25 Serv; Accu-Cut Systems $218.33 Su; Ace Hardware $149.62 Su; Aervoe Industries $420.00 Inv; Agent Fee $30.00 Tr; Al Jon $673.88 Su; Allied Systems $25.58 Su; Alltel $2,312.21 Serv; Amer Electric $1,775.34 Su; Amoco Oil $23.50 Tr; AMZ Superstore $76.77 Bks; Andersen Auto Parts $35.00 Su; Andersen Wrecking $200.00 Tr; Anderson, K $29.00 Reim; Ashworth $842.98 Inv; Ask Supply $152.38 Su; Atco Mfg $199.95 Su; Auto Glass $326.00 Su; B&B Auto Glass $394.00 Rep; B&H Photo-Video $170.80 Su; Baird, Holm $4,100.00 Serv; Baker & Taylor $1,585.94 Bks; Bamford $150.00 Serv; Barney Abstract $1,980.00 Serv; BBC Audiobooks $672.14 Bks; Becker, G $20.00 Inv; Benmeds $171.59 Su; Berens-Tate Consulting $3,500.00 Serv; Biddle, D $15.00 Reim; Big Flag Farm Supply $48.00 Inv; Blue Cross Blue Shield $130,899.21 Claims; Bob's Super Store $84.16 Su; Bolin, J $53.12 Su; Books on Tape $765.20 Bks; Bosselman $29,367.63 Inv; Bound to Stay Bound Books $2,435.67 Bks; Bowman, R $33.38 Reim; Broadfoot Sand $1,834.33 Various; Brodart $276.58 Serv; Buffalo Co Court $475.35 Ded; Buggy Bath $8.00 RepBuilders Warehouse $1,534.34 Su; Cabela's $56.76 Su; Cart Parts $134.33 Su; Casey's General Store $13.18 Tr; Cash Wa $3,797.95 Various; CDW Gov't $1,183.20 Su; CED Ent. Electric $11.22 Su; Central Auto Electric $3.19 Su; Central Fire $73.00 Su; Central Hydraulic $1,193.04 Various; Central Piping $86.68 Ref; Centurion Tech $58.00 Misc; Chesterman Co C187 $3,101.86 Inv; Children's Theatre of Florida $206.25 Misc; City of Ky $12,394.12 Various; Clifford of Vermont $622.80 Su; College Savings Plan of NE $65.00 Ded; Colorado Chapter APWA $965.00 Reg; Concrete Workers $93,031.24 Serv; Construction Rental $445.02 Various; Control Masters $2,200.00 Various; Cook, A $14.80 Su; Copycat $176.01 Su; Crook, C $12.00 Ref; Crossroads Ford $661.90 Inv; Crown Awards $211.95 Su; Culligan $176.28 Rep; Cummins Great Plains $117.89 Inv; CVI-Kearney $15.18 Lease; Cygnus Business Media $525.00 Su; Dannehl's Feed $108.00 Su; Dawson Co PPD $26,523.68 Serv; Dell $3,225.76 Equip; Deterdings $47.69 Su; Development Council $15,000.00 Various; Diamond Vogel Paints $249.11 Inv; Dultmeier Sales $23.59 Inv; Eakes $2,358.85 Various; Earl May $178.42 Various; EDM Equipment $616.71 Various; Eileen's Cookies $30.25 Su; Emed $196.47 Su; Exhaust Pros $25.00 Inv; Exxonmobile $15.50 Tr; Fairbanks Int'l $3,572.61 Various; Faith UMC $200.00 Fee; Farm Plan $5.56 Rep; Farmers Union $37.80 Su; Fastenal Co $516.76 Various; Fed Ex $152.76 Serv; Floral Expressions $500.00 Su; Footjoy $7,555.76 Su; Freburg, N $184.62 Ded; Fremont Nat'l Bank $35,019.49 Ded; Frerichs, J $30.90 Su; Frontier $8,581.90 Serv; Gangwish Turf $18.52 Rep; Garrett Tires $3,672.70 Various; Gen. Traffic Controls $1,948.96 Su; Goodwill $22.50 Inv; Gordon's Small Engine Repair $693.70 Various; Gosswein, J $21.00 Ref; Graham Tire $268.38 Various; Grainger.Com $558.95 Su; Grand Central IGA $37.82 Su; H&G Cleaners $264.67 Serv; H&H Distributors $1,487.90 Su; Heartland Scuba Center $125.00 Su; Hewlitt-Packard $9,756.00 Equip; Hobby-Lobby $234.94 Su; Holiday Inn $146.49 Tr; Holmes Plbg $1,474.81 Various; Homier Distributors $58.55 Su; Hotsy Equipment $57.80 Inv; Humphrey, D $53.48 Tr; ICMA RC $2,875.97 Ded; IMLA $535.00 Dues; IRS $86,020.59 Ded; Int'l Perssonnel Mgmt $992.13 Su; Int'l Code Council $66.99 Su; Isaac, B $270.25 Tr; ISDN $14.95 Su; Jack Lederman Co $1,301.88 Various; James Publications $59.99 Bks; James W. Bell Co $129.78 Inv; K & K $389.88 Various; KASWA $31.40 Tipping Fees; Ky Area Chamber $2,525.00 Various; Ky Clinic $136.00 Serv; Ky Concrete $6,154.62 Serv; Ky Crete $71.12 Serv; Ky Cycling & Fitness $53.84 Su; Ky Hub $1,970.39 Serv; Ky Implement $415.55 Various; Ky WHSE $244.50 Su; Ky WLE $27.54 Su; Kelly Electric $536.51 Various; Kelly Supply $629.52 Su; Killion Motors $236.45 Inv; Kiplinger Letter $84.00 Dues; Klaus, M $14.78 Pstg; Kmart $7.44 Su; Koetters, J $569.08 Tr; Kowalek, G $78.48 Tr; Kriha Fluid Power $66.88 Inv; Kum & Go $21.50 Su; Laser Art Design $32.00 Various; Lasertec $179.98 Su; Laughlin, K $360.00 Ded; Law Enforcement News $28.00 Dues; Lawson Products $168.77 Su; Lincoln Airport Authority $27.50 Su; Lincoln Tent $485.00 Su; Linweld $235.70 Various; Lockmobile $1.60 Su; Logan Contractors $687.90 Inv; Longmore, P $10.00 Reim; Lueck, B $79.82 Ref; Machines & Media $596.50 Su; Magic Cleaning $600.00 Serv; Maryland Screenprinters $40.25 Su; McCarty, D $494.08 Tr; McCollistor & Co $381.00 Inv; McMaster-Carr Supply $389.16 Su; MES-Snyder $923.79 Su; Mid America Specialties $370.68 Su; Midway Chrysler Dodge $94.01 Inv; Midwest Lab $4,481.25 Serv; Midwest Turf $209.73 Various; Milco Environmental Services $3,600.00 Serv; Miller Signs $1,875.00 Sign; Minitex $447.00 Serv; Misko Sports $140.40 Su; Mr. Automotive $1,572.25 Various; MSI Systems Integrators $14,645.39 Serv; Municipal Supply $228.64 Rep; NAFI $40.00 Su; NAPA $1,012.99 Various; Nat'l Car Rental $221.02 Su; Nat'l Paper Supply $63.16 Su; NCL of Wisconsion $716.23 Su; NE Child Support $892.18 Ded; NE Crime Commission $3.00 Tr; NE Dept of Aeronautics $1,470.00 Various; NE Dept of Economic Dev $50.00 Reg; NE Dept of Revenue $62,036.80 Various; NE Statewide $161.00 Su; NE Machinery $2,285.35 Various; NE Truck Center $6.30 Inv; NE Wine & Spirits $36.87 Su; NE Workforce Dev-Dept of Labor $2,759.00 Unemp; NEland Distributors $1,632.75 Su; Nevco Scoreboard $312.81 Su; Nogg Chemical $814.89 Inv; Northern Tool $259.98 Su; Northgate Veterinary $253.00 Su; Northwestern Energy $595.47 Serv; Numeridex $773.30 Su; NWA Air $890.70 Tr; NYSCA $80.00 Su; Office Depot $879.90 Su; Office Max $483.13 Su; Old Home Bakery $50.09 Su; On-Site Mobile Sharpening $74.01 Su; O'Reilly $616.33 Inv; Oriental Trading $99.35 Su; Orscheln Farm & Home $794.99 Various; Our Designs $140.95 Su; Overhead Door $2,801.00 Various; Pacific Battery Systems $209.80 Su; Paramount Linen $122.15 Su; Paul Otto Curb Grinding $72.00 Serv; Payne, B $1,097.99 Tr; Peak, M $27.00 Ref; Pelican $18.70 Su; PEP $48.67 Rep; Pfeiffer, D $320.25 Tr; PGA of America $637.75 Dues; Pioneer Mfg $984.00 Su; Platte Valley Communications $724.42 Serv; Platte Valley State Bank $1,207.19 Various; Ponca Valley Oil $49.90 Su; Precision Industries $141.80 Inv; Preferred Mail $153.60 Pstg; Prescott, J $29.00 Tr; Presto X $193.00 Serv; Priceline Air Ticket $676.70 Tr; Priceline Car Rental $100.14 Tr; Priceline Hotel $468.98 Tr; Quill $462.30 Su; RDJ Specialties $156.71 Su; Ready Mixed Concrete $6,584.75 Serv; Reams Sprinkler Supply $1,601.14 Su; Recorded Books $647.80 Bks; Red Top Cab of Arlington $52.35 Tr; Rhode Island Novelty $60.75 Su; Riverside Animal Hospital $2,695.55 Serv; Roper's Radiator $185.00 Su; SA Foster Lumber $115.11 Various; Saalfeld, B $7.73 Ref; Saathoff, J $59.19 Su; Sapp Bros York $21.00 Su; Schanou, J $17.83 Tr; Scheele, D $287.50 Ref; School District #7 $1,475.85 Remittance; Schwan's $903.89 Su; Seminars Nat'l/Padgett $408.79 Su; SF Analytical Lab $120.00 Serv; Shamrock Turf Farm $2,800.00 Su; Shepherd, S $15.00 Reim; Sherwin Williams $124.73 Su; Shirt Shack $552.65 Su; Shoemaker Truck Stop $55.38 Tr; Sign Center $288.00 Su; Signwarehouse $103.95 Su; Smith, R $270.25 Tr; Snap On Tools $302.15 Tools; Solid Waste Equipment $7,295.00 Containers; Spellman, J $105.00 Misc; Sprint $193.07 Serv; Steinbrinks Landscaping $439.66 Su; Sterling Distribution $48.15 Su; Stetson Bldg Products $46.78 Su; Stoneworks $550.00 Serv; Story, G $149.10 Tr; Strategic Insights $1,000.00 Serv; T&B Cleaning $1,500.00 Serv; Target $37.52 Su; Texoma Golf $256.03 Su; Thome, B $18.60 Tr; Thompson, K $18.60 Tr; Thompson, L $30.00 Rep; Tielke's Sandwiches $320.32 Su; Tomark Sports $110.88 Su; Toyne $37.93 Rep; Tractor-Supply $545.88 Various; Transit Works $51.15 Equip; Trembly, M $563.66 Tr; Tri-City Outdoor Power $60.57 Su; U Save Foods $204.08 Su; Ultra-Chem $14.27 Su; Union Oil $1,047.29 Inv; Union Pacific $1,500.00 Various; United Air $477.70 Tr; United Distillers $448.20 Su; University of NE Press $164.71 Bks; UPS $69.55 Pstg; UPS Store $28.65 Pstg; USA Blue Book $890.06 Su; USPS $73.29 Pstg; Valentino's $67.86 Su; Van Diest Supply $256.50 Rep; Varda $2,196.66 Misc; Video Store Shopper $1,593.92 Serv; Village Uniform $217.59 Rep; W.T. Cox Subcription $8,069.85 Bks; Waldenbooks $25.00 Su; Walmart Supercenter $2,828.89 Various; Washington State Support $102.01 Ded; Wastecorp $390.00 Rep; West Group $964.50 Su; Westin Whistler $786.56 Su; Wilke Donovan's True Value $179.91 Various; Wilkins Hinrichs Stober $624.80 Serv; Winfield Concrete Leveling $3,348.00 Rep; Wolfe, J $15.00 Reim; Xerox $688.02 Serv; Payroll Ending 7-10-2004 -- $274,283.24; and Payroll Ending 7-24-2004 -- $275,354.49.  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.         REMAIN ON TABLE UNTIL AUGUST 10, 2004. Approve the Communications Site Option and Land Lease Agreement between the City of Kearney and Alltel Communications of Nebraska, Inc. for a wireless communications facility on Lots 111 through 194 inclusive, 34th Street and 35th Street adjacent to said Lots, all in Patterson Subdivision to the City of Kearney, Buffalo County, Nebraska (Memorial Field, 3313 8th Avenue) and approve Resolution No. 2004-122.

 

RESOLUTION NO. 2004-122

 

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 Site Option and Land Lease Agreement, marked as Exhibit “1” and attached hereto and made a part hereof by reference, and the Memorandum of Lease, marked as Exhibit “2” and attached hereto and made a part hereof by reference, on behalf of the City of Kearney, with Alltel Communications of Nebraska, Inc.

            PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

4.         Receive recommendations of Planning Commission and set August 10, 2004 at 7:30 P.M. as date and time for hearing on those applications where applicable.

 

5.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the bids received on July 23, 2004 for the Crack Seal, Slurry Seal and Runway Marking for 18/36 Project and approve Resolution No. 2004-130 subject to FAA and NDA concurrence.

 

RESOLUTION NO. 2004-130

 

            WHEREAS, Kirkham Michael Engineering Consultants of Lincoln, Nebraska have reviewed the sealed bids which were opened on July 23, 2004, at 10:00 p.m. for the Crack Seal, Slurry Seal and Runway Marking for 18/36 Project; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $417,953.00 for the project; and

WHEREAS, the said engineers have recommended the bid offered by Beachner Construction Company from St. Paul, Kansas in the sum of $274,569.50 be accepted as the lowest responsible bids.  

            NOW, THEREFORE, BE IT RESOLVED by the President and Board of the Kearney Municipal Airport Corporation that the Engineers recommendation is hereby accepted and approved, that Beachner Construction Company from St. Paul, Kansas be and is the lowest responsible bidder for the Crack Seal, Slurry Seal and Runway Marking for 18/36 Project, to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Beachner Construction Company from St. Paul, Kansas in the sum of $274,569.50 be and is hereby accepted for the project subject to FAA and NDA concurrence.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the Crack Seal, Slurry Seal and Runway Marking for 18/36 Project in the amount of $417,953.00 be and is hereby accepted.

BE IT FURTHER RESOLVED that the President of the Council of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute contracts for such improvements in accordance with the bid, plans, specifications, and general stipulations pertaining thereto.

            PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

6.         Ratify the action taken by the Kearney Municipal Airport Corporation on authorizing the Mayor to execute the Federal Grant Agreement for Project 3-31-0045-13-2004 for the main runway and taxiway rejuvenation project and approve Resolution No. 2004-131.

 

RESOLUTION NO. 2004-131

 

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 Federal Grant Agreement, on behalf of the City of Kearney, Nebraska, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

7.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the Purchase Agreement between the City of Kearney and James Criffield, Personal Representative of the Ola A. Criffield Estate for the 10-Unit T-Hangar Facility located on the south ramp of the Airport and approve Resolution No. 2004-132.

 

RESOLUTION NO. 2004-132

 

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 Purchase Agreement, on behalf of the City of Kearney, Nebraska, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

8.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the Aerial Applicator Permit between the Kearney Municipal Airport and Buffalo Air Service and approve Resolution No. 2004-133.

 

RESOLUTION NO. 2004-133

 

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 Agreement and Permit for Aeronautical Services, on behalf of the City of Kearney, with Buffalo Air Service, LLC, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

9.         Ratify the action taken by the Kearney Municipal Airport Corporation on authorizing the Mayor to execute the Certificate of Title for Project 3-31-0045-13-2004 and approve Resolution No. 2004-134.

 

RESOLUTION NO. 2004-134

 

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 Certificate of Title for AIP Project No. 3-31-0045-13, on behalf of the City of Kearney, Nebraska, a copy marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

10.        Approve the request submitted by Colleen Parker to extend Conditional Use Permit No. 1989-08 to locate a day care on property located at 1920 West 24th Street for a period of one year.

 

11.        Approve Change Order No. 1 for a decrease in the amount of $5,782.50, Application and Certificate for Payment No. 2-Final in the amount of $110,671.90, and Certificate of Substantial Completion submitted by Blessing, LLC and approved by Miller & Associates for the 2004 Part III Improvements – Bid B consisting of Paving Improvement District No. 2004-880 for LaPlatte Road from Meadow Lane to approximately 160 feet south of Redwood Lane and approve Resolution No. 2004-135.

 

RESOLUTION NO. 2004-135

 

WHEREAS, Blessing LLC has performed services in connection with the 2004 Part III Improvements – Bid B consisting of Paving Improvement District No. 2004-880 for LaPlatte Road from Meadow Lane to approximately 160 feet south of Redwood Lane, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $5,782.50 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Blessing LLC and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 2-Final in the amount of $110,671,90 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$152,858.00

            Change Order No. 1 (7-27-2004)

-    5,782.50

Contract Sum To Date

147,075.50

Gross Amount Due

147,075.50

Retainage

.00

Amount Due to Date

147,075.50

Less Previous Certificates for Payment

   36,403.60

 

 

Current Payment Due

$110,671.90

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of June 28, 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 27TH DAY OF JULY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

12.        Approve Application and Certificate for Payment No. 3 in the amount of $19,031.67 submitted by Blessing, LLC and approved by Miller & Associates for the 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. 2004-136.

 

RESOLUTION NO. 2004-136

 

            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 Highway 30 north to 31st Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 3 in the amount of $19,031.67 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

64,475.75

Retainage

6,447.58

Amount Due to Date

58,028.18

Less Previous Certificates for Payment

      6,615.00

 

 

Current Payment Due

$19,031.67

 

            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. 3 as shown on Exhibit “A”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

13.        Approve the application for Special Designated License submitted by CHICKEN BONES OF KEARNEY, INC., dba “Chicken Coop Sports Bar & Grill” in connection with their Class I-54354 Liquor License to dispense beer and distilled spirits in the Exposition Building and the Exhibit Building located at the Buffalo County Fairgrounds, 3807 Avenue N on October 1, 2004 from 4:00 p.m. until 1:00 a.m., October 2, 2004 from 10:00 a.m. until 1:00 a.m. and October 3, 2004 from 12:00 p.m. until 12:00 a.m. for a rodeo and dance.

 

14.        Approve the recommendation by the Mayor on the appointment of Randy Schleiger to serve on the Downtown Improvement Board.

 

15.        Approve the application for a Special Designated License submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class D/K-61563 Liquor License to dispense beer, wine and distilled spirits at the Great Platte River Road Archway Monument, 3060 East 1st Street, on August 26, 2004 from 5:00 p.m. until 11:00 p.m.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

TRI CITY ARENA CORPORATE MANAGER APPLICATION

 

The Application for Corporate Manager for Michelle Kay submitted by KABB LLC, dba “Tri-City Arena” in connection with their Class I49859 Liquor License located at 609 Platte Road will remain on the table until August 10, 2004. No action is necessary.

 

OPEN ACCOUNT CLAIMS --      NEBRASKA PUBLIC POWER DISTRICT -- $2,539.00

 

Moved by Blankenship seconded by Kearney that Open Account Claims in the amount of $2,539.00 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None. Clouse absent. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Blankenship seconded by Kearney that Council adjourn at 9:06 p.m. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None. Clouse absent. Motion carried.

 

                                                                                    BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK