Kearney, Nebraska
August 10, 2004
7:30 p.m.
A meeting
of the City Council of Kearney, Nebraska, was convened in open and public
session at 7:30 p.m. on August 10, 2004, in the Council Chambers at City Hall. Present
were: Bruce L. Blankenship, President of the Council; Michaelle Trembly,
City Clerk; Council Members Randy Buschkoetter, Stan Clouse, Galen Hadley, Don
Kearney. Absent: None. 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: Lance Lang, Jeff Peterson, Ron
Ridgway, Dennis Graham, Kerry Trautman, Heidi Trautman, Richard Lush, Kay Lush,
Roger Jasnoch, Randy Jensen, Barry Sherman, Dan Lindstrom, Pat Nelson, Bruce
Lear, Matt Krajewski, Neal Lewis, Mike Konz from the Kearney Hub, and Dave
Jenner for 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
The meeting was opened with a silent prayer requested by the
Mayor.
PLEDGE OF ALLEGIANCE
Council members and the audience recited the Pledge of
Allegiance.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
LIQUOR LICENSE – TRAUTMAN’S QUALITY MEATS
Mayor Blankenship opened the public hearing on the
application for a Class “B” (Beer Off Sale Only) and a Class “K” (Wine Off Sale
Only) Liquor License submitted by TRAUTMAN’S MEAT CENTER, INC., dba “Trautman’s
Quality Meats” located at 617 East 25th Street, consider the application for
Corporate Manager of Kerry Trautman, and to consider approval of Resolution No.
2004-137.
Kerry Trautman, 75741 Road 443, Overton, Nebraska presented this matter to the
Council. Mr. Trautman confirmed that although he has not had any
experience in selling alcohol in the past, he is aware of the Police
Department’s training program for employees. He will be using this
service.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Clouse to close the hearing and
approve the application for a Class “B” (Beer Off Sale Only) and a Class “K”
(Wine Off Sale Only) Liquor License submitted by TRAUTMAN’S MEAT CENTER, INC.,
dba “Trautman’s Quality Meats” located at 617 East 25th Street, consider the
application for Corporate Manager of Kerry Trautman, and approve Resolution No.
2004-137. Roll call resulted as follows: Aye: Blankenship, Hadley,
Clouse, Kearney, Buschkoetter. Nay:
None. Motion carried.
RESOLUTION
NO. 2004-137
WHEREAS, TRAUTMAN’S MEAT CENTER, INC., dba “Trautman’s Quality Meats” has filed
with the Nebraska Liquor Control Commission and the City Clerk of the City of
Kearney, Nebraska, an application for a Class “B” (Beer Off Sale Only) and a
Class “K” (Wine Off Sale Only) Liquor License to do business at 617 East 25th
Street, Kearney, Nebraska, and has paid all fees and done all things required
by law as provided in the Nebraska Liquor Control Act; and
WHEREAS, a hearing was held relating to said application on August 10, 2004; and
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) and a
Class “K” (Wine Off Sale Only) Liquor License to TRAUTMAN’S MEAT CENTER, INC.,
dba “Trautman’s Quality Meats” located at 617 East 25th Street, Kearney,
Nebraska.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED AND APPROVED THIS 10TH DAY OF AUGUST, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
REZONING – NORTH OF 50TH STREET, WEST OF HOEHNER ESTATES THIRD ADDITION, NORTH OF NORTH PARK, AND WEST OF 19TH AVENUE
Mayor Blankenship opened the public hearing on the
application submitted by Ron Ridgway (Applicant) for Denton Charitable
Remainder Unitrust, Five Points Bank, Successor Trustee (Owner) to rezone from
“District AG, Agricultural District” to “District R-1, Urban Residential Single
Family District (Low Density)” property described as a tract of land being a
part of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of
the 6th P.M., containing 0.11 acres, more or less, Buffalo County, Nebraska
(north of 50th Street, west of Hoehner Estates Third Addition, north of North
Park, and west of 19th Avenue). Planning Commission recommended approval.
The applicant, Ron Ridgway, is requesting approval of a
four-lot subdivision located in northwest Kearney north of 50th Street and at
approximately 18th Avenue alignment, if extended. This land was platted into
four lots in North Park Addition. Now the owner, Denton Charitable
Remainder Unitrust, Five Points Bank, Successor Trustee, wants to increase the
lot size of the four lots by adding a fifteen foot wide strip of land across
the back of the lots. The original four lots need to be vacated so the
additional land can be added. The fifteen-foot strip of land needs to be
rezoned from Agricultural to R-1, Urban Residential Single Family District (Low
Density), to be consistent with the existing zoning. The land area of the
subdivision is 1.05 acres.
Vacation
Lots 1, 2, 3, 4 of Block 1, North Park Addition must be
vacated so that the fifteen-foot strip of land can be added and the lots can be
replatted as Castle Ridge Addition. The Preliminary Plat was previously
approved by Planning Commission.
Rezoning
The fifteen-foot strip of land (0.11 acres) along the rear
of the four lots is currently zoned Agricultural and needs to be zoned R-1 to
be consistent with the zoning of the lots.
Final Plat
The Final Plat of Castle Ridge Addition consists of four
lots. All required information is shown on the plat map. No Public Works Plan
is required as the infrastructure issues were resolved with the previously
submitted Public Works Plan for North Park.
Ron Ridgway from Miller & Associates presented this
matter to the Council. This rezoning is basically a “clean up” from the
previous North Park Subdivision. This will add 15 feet to the back of the
first four lots in what was Block 1 so that they will all be uniformly 130 feet
deep. They were unable to do that on the first rezoning in July because
it would have delayed the subdivision for another month.
There was no one present in opposition to this hearing.
Moved by Clouse seconded by Hadley to close the hearing and
approve the application submitted by Ron Ridgway (Applicant) for Denton
Charitable Remainder Unitrust, Five Points Bank, Successor Trustee (Owner) to
rezone from “District AG, Agricultural District” to “District R-1, Urban
Residential Single Family District (Low Density)” property described as a tract
of land being a part of the Northeast Quarter of Section 27, Township 9 North,
Range 16 West of the 6th P.M., containing 0.11 acres, more or less, Buffalo
County, Nebraska (north of 50th Street, west of Hoehner Estates Third Addition,
north of North Park, and west of 19th Avenue). Roll call resulted as
follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.
REDEVELOPMENT PLAN FOR REDEVELOPMENT AREA #7
Mayor Blankenship opened the public hearing on the
Redevelopment Plan for Redevelopment Area #7 described as follows: Beginning at
the intersection of the south line of 11th Street and the east line of Avenue
M, thence north along said east line to its intersection with the north line of
16th Street, thence west along said north line to its intersection with the
west line of Avenue I, thence north along said west line to its intersection
with the south line of South Railroad Street, thence southeasterly along said
south line to its intersection with the east line of Avenue M, thence north
along said east line to its intersection with the centerline of the abandoned
Burlington Northern and Santa Fe Railroad right-of-way, thence southeasterly
along said centerline to its intersection with the extended east line of Avenue
Q, thence north along said east line to its intersection with the north line of
the abandoned Burlington Northern and Santa Fe Railroad right-of-way (also the
corporate limit line), thence southeasterly along said north line to its
intersection with the eastern corporate limit line, thence continuing along
said eastern corporate limit line, generally in a southern direction to its
intersection with the southern corporate limit line at approximately the south
line of 11th Street, thence west along said south corporate limit line to
its intersection with the east line of Avenue M, also the point of beginning,
all located in the City of Kearney, Buffalo County, Nebraska and to consider approval
of Resolution No. 2004-138. Planning Commission recommended approval.
The Kearney Area Community Redevelopment Authority (CRA) has
been working with Urban Planning Consultants, Hanna:Keelan Associates, on a
redevelopment plan for an area in southeast Kearney known as Area #7. This area includes land on the east side of
Avenue M south of the railroad tracks to 11th Street and an east west area
south of the railroad tracks extending east from Avenue I and west from the
city limits south to 16th Street. At the July 13, 2004 Council meeting, the Council approved the Blight and
Substandard Study.
The CRA is requesting a review of the Redevelopment Plan for
this area. The Planning Commission has reviewed the Redevelopment Plan
and made a recommendation to approve the plan. The Redevelopment Plan is
in conformance with the Future Land Use Map of the City of Kearney Comprehensive Development
Plan. The proposed
zoning categories depicted on the Redevelopment Plan are based on the direction
provided in the comp plan and are suggested zoning alternatives. No
property within the Redevelopment Area will be rezoned as a result of the
Planning Commission or City Council action on this Redevelopment Plan.
The zoning changes will take place in the future as parcels within the
Redevelopment Area are developed. The plan paints a picture of what the
area might ultimately look like if the zoning recommendations are
followed. This allows for better planning for infrastructure such as
sanitary sewer, municipal water, storm drainage, public streets, alleys and
sidewalks.
In comparing the existing zoning to the changes proposed in
the Redevelopment Plan, there is an emphasis on replacing industrial zoned
property with residential property and some Urban Corridor commercial zoning
near the railroad tracks. The residential zoning ranges from primarily
R-1 with some R-2 and two large parcels shown as R-3.
Attorney Dan Lindstrom presented this matter to the
Council. He was representing the Community Redevelopment Authority of the
City of Kearney to address the post adoption of the
Redevelopment Plan that has been prepared for Area 7. This area was
declared substandard and blighted during the July 13th Council meeting.
The next step under the statute is to adopt a redevelopment plan. The
redevelopment plan has a good summary of what is proposed. The plan
includes: infill of vacant parcels, creation of private parking areas,
especially in the industrial areas, creation of screening with regard to the
industrial areas since in some cases they are incompatible with the residential
uses in the area, infrastructure and expansions (especially along the Avenue M
Corridor). Seventy-five percent of the area does not have access to City water
and sanitary sewer, replacement of old water and sewer mains, hard surfacing of
gravel streets along Avenue M, replacing streets in poor condition, installing
curbs, gutters and sidewalks, removal or rehabilitation of existing structures,
removal of excessive debris, and relocation of incompatible uses. This plan
also provides for implementation of zoning changes where requested by owners
and approved by Planning Commission and the Council.
The advantage of having this area declared as blighted
and substandard and by following through with the statutory requirement of
adopting a plan is when you can utilize the tools that are available both under
the Community Development Act and the Community Development Block Grants.
The City has been very successful to obtain those grants, which are targeted in
some cases to areas that have been declared blighted and substandard.
Community development law allows for such things as use of tax increment
financing and relocation and some other tools that are available to the
Authority and the City. The next step after approval of the plan would be
to invite developers to redevelop in the area. The proposals that they
make will be considered to see if they fit within the policies of the
Redevelopment Authority and the City of Kearney. If these proposals require any major changes within the plan
then these would come back through the Council as a modification, particularly
if there were an increase in tax increment financing.
Mayor Blankenship stated that since he has been on the
Council, he has been involved in most all of the redevelopment areas that have
been done in the past. He believed that this one could have the most
dramatic impact on the community. He was amazed that 75% of the area does
not have access to municipal water and sanitary sewer. He stated if there
were ever a case for Community Redevelopment Authority, this would certainly
top the list.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Buschkoetter to close the
hearing and approve the Redevelopment Plan for Redevelopment Area #7 described
as follows: Beginning at the intersection of the south line of 11th Street and
the east line of Avenue M, thence north along said east line to its
intersection with the north line of 16th Street, thence west along said north
line to its intersection with the west line of Avenue I, thence north
along said west line to its intersection with the south line of South Railroad
Street, thence southeasterly along said south line to its intersection with the
east line of Avenue M, thence north along said east line to its intersection
with the centerline of the abandoned Burlington Northern and Santa Fe Railroad
right-of-way, thence southeasterly along said centerline to its intersection
with the extended east line of Avenue Q, thence north along said east line to
its intersection with the north line of the abandoned Burlington Northern and
Santa Fe Railroad right-of-way (also the corporate limit line), thence
southeasterly along said north line to its intersection with the eastern
corporate limit line, thence continuing along said eastern corporate limit
line, generally in a southern direction to its intersection with the southern
corporate limit line at approximately the south line of 11th Street,
thence west along said south corporate limit line to its intersection with the
east line of Avenue M, also the point of beginning, all located in the City of
Kearney, Buffalo County, Nebraska and approve Resolution No. 2004-138.
Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried.
RESOLUTION
NO. 2004-138
WHEREAS, the City Council created the City of Kearney Community Redevelopment Authority in September, 1993; and
WHEREAS, the Community Redevelopment Authority commissioned Hanna:Keelan
Associates in February, 1994 to conduct necessary surveys on redevelopment in
areas determined to be blighted or substandard; and
WHEREAS, Hanna:Keelan, Associates submitted a document entitled “Kearney,
Nebraska Blight/Substandard Determination Study & Redevelopment Plan;
Redevelopment Area #7”, a copy of which marked Exhibit "A" is
attached hereto and made a part hereof by reference, and the City found and determined
the subject area to be “blighted and substandard” on July 13, 2004.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska that the Redevelopment Plan for Area #7 submitted by
Hanna:Keelan Associates for an area described as follows: Beginning at the
intersection of the south line of 11th Street and the east line of Avenue
M, thence north along said east line to its intersection with the north line of
16th Street, thence west along said north line to its intersection with the
west line of Avenue I, thence north along said west line to its
intersection with the south line of South Railroad Street, thence southeasterly
along said south line to its intersection with the east line of Avenue M, thence
north along said east line to its intersection with the centerline of the
abandoned Burlington Northern and Santa Fe Railroad right-of-way, thence
southeasterly along said centerline to its intersection with the extended east
line of Avenue Q, thence north along said east line to its intersection with
the north line of the abandoned Burlington Northern and Santa Fe Railroad
right-of-way (also the corporate limit line), thence southeasterly along said
north line to its intersection with the eastern corporate limit line, thence
continuing along said eastern corporate limit line, generally in a southern
direction to its intersection with the southern corporate limit line at
approximately the south line of 11th Street, thence west along said south
corporate limit line to its intersection with the east line of Avenue M, also
the point of beginning, all located in the City of Kearney, Buffalo County,
Nebraska, be and is hereby approved.
PASSED AND APPROVED THIS 10TH DAY OF AUGUST, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
PROPOSED ACQUISITION – SANITARY SEWER EASEMENT
Mayor Blankenship opened the public hearing on the proposed
acquisition for two Permanent Sanitary Sewer Easements on a strip of land being
60 feet in width located in the North Half of the Southwest Quarter of Section
6, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska and to consider approval of Resolution No. 2004-139.
Director of Utilities Kirk Stocker presented this matter to
the Council. In this year’s budget the City of Kearney included funds to construct several sewer connection
districts in Southeast
Kearney.
Primarily in the area east of Avenue M between 18th Street and 22nd
Street would be
served with the majority of these districts.
At the July 13, 2004
Council meeting the Council created Sewer Connection Districts that will be
constructed in 18th
Street if it were
extended east of Avenue M to Avenue O, then north in Avenue O if it were
extended south of its present location, south of the vacated Railroad
Right-of-Way to 18th
Street.
The owners of the tract where the easements are necessary
were contacted and they have agreed to grant the easements. Both easement
parcels have been combined into a single document.
Before the City can accept the easement the Council must
conduct a public hearing on the matter in order to comply with State
Statute. Nebraska Revised Statute §18-1775 requires that a City of the
first class acquiring an interest in real property shall do so only after the
governing body has authorized the acquisition by action taken in a public
meeting after notice and a public hearing.
The owners have granted the easement for a consideration of
$1,500.00. That amount is compensation for damages to the hay crop and
driveways during the construction of the sewer main. The Utilities Department
has budgeted funds for the cost of easement acquisition along with the cost to
construct the sewer mains.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Blankenship to close the
hearing and approve the proposed acquisition for two Permanent Sanitary Sewer
Easements on a strip of land being 60 feet in width located in the North Half
of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the
6th P.M., Buffalo County, Nebraska and approve Resolution No. 2004-139.
Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley,
Clouse, Kearney. Nay: None. Motion
carried.
RESOLUTION NO. 2004-139
WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in
real property by purchase or eminent domain to do so only after the City
Council has authorized the acquisition by action taken in a public meeting
after notice and public hearing; and
WHEREAS, the City Council has held a public hearing upon the proposed
acquisition for sanitary sewer purposes and voted in favor to proceed with the
acquisitions; and
WHEREAS, Pat Hilty, a.k.a. Patricia M. Hilty, Phil Vandevoorde, Jr. and Reva M.
Vandevoorde of Kearney, Nebraska, have granted to the City of Kearney,
Nebraska, a Permanent and Temporary Sanitary Sewer Easement as follows:
Permanent Easement
A strip of land being 60.0 feet in width located in the
North Half of the Southwest Quarter of Section 6, Township 8 North, Range 15
West of the 6th P.M., Buffalo County, Nebraska, with the centerline of said
60.0 foot wide strip of land being more particularly described as follows:
Referring to the Northwest Corner of the Southwest Quarter of said Section 6
and assuming the West line of said Southwest Quarter as bearing S01º27’52”W and
all bearings contained herein are relative thereto; thence S01º27’52”W and on
said West line a distance of 58.9 feet; thence S89º12’45”E a distance of 33.0
feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the
East line of Avenue “M” an avenue in the City of Kearney, Buffalo County,
Nebraska; thence EAST a distance of 50.0 feet to the point of curvature; thence
on a 600.0 foot radius curve to the right forming a central angle of 20º00’ an
arc distance of 209.44 feet to a point of tangency; thence tangent S70°00’E a distance of 56.42 feet to the point of
curvature; thence on an 800.0 foot radius curve to the left forming a central
angle 20º00’ an arc distance of 279.25 feet to a point of tangency; thence
tangent East a distance of 755.23 feet to the point of termination, all in
Buffalo County, Nebraska; AND A
Permanent Easement
A strip of land being 60.0 feet in width located in the
Northwest Quarter of the Southwest Quarter of Section 6, Township 8 North,
Range 15 West of the 6th P.M., Buffalo County, Nebraska, more particularly
described as follows: Referring to the Northwest Corner of the Southwest
Quarter of said Section 6 and assuming the North line of the Southwest Quarter
of said Section 6 as bearing EAST and all bearings contained herein are
relative thereto; thence EAST on the North line of the Southwest Quarter of
said Section 6 a distance of 667.35 feet to the ACTUAL PLACE OF BEGINNING, said
place of beginning being on the centerline of Avenue “O”, an avenue in the City
of Kearney, Buffalo County, Nebraska, as shown and dedicated on the original
plat of Whiteaker’s Grove Addition to the City of Kearney, Buffalo County,
Nebraska; thence SOUTH a distance of 204.48 feet to the point of termination,
all in Buffalo County, Nebraska.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the Permanent Easements granted by Pat Hilty, a.k.a.
Patricia M. Hilty, Phil Vandevoorde, Jr. and Reva M. Vandevoorde of Kearney,
Nebraska to the City of Kearney be and are hereby approved and accepted.
PASSED AND APPROVED THIS 10TH DAY OF AUGUST, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
IV. CONSENT AGENDA
Moved by Blankenship seconded by Kearney that Subsections 1 through 12 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 Special Meeting held on July 22, 2004, and Minutes of Regular Meeting
held July 27, 2004.
2.
Approve the following Claims: 2004 Midwest HUG Ed Conf $150.00 Tr; AFLAC
$1,649.72 Ded; Alamar Uniforms $1,566.93 Various; Albrecht, J $25.24 Ref;
Alltel $2,957.30 Serv; Alvarion $9,741.00 Serv; Arrow Seed $549.00 Su; Artic
Refrigeration $60.00 Rep; B&B Auto Glass $394.00 Rep; Bailey, G $16.00
Reim; Baker & Taylor $982.52 Bks; Bamford $22.00 Rep; Barco $739.95 Serv;
Bargain Collectibles $41.43 Ref; BBC Audiobooks $70.00 Bks; Bilka, J $5.54 Ref;
Black, A $65.27 Ref; Blessing Construction $129,703.57 Serv; Boarer, M $5.59
Ref; Books on Tape $666.40 Bks; Bosselman $13,920.10 Inv; Brown Traffic
Products $3,685.00 Serv; Buffalo Co Reg of Deeds $661.00 Serv; Buffalo Co
Treasurer $16.00 Serv; Buffalo Co Court $876.99 Ded; Builders Warehouse $368.65
Various; Canada Life Assurance $3,640.67 Ded; Carlson, J $9.12 Ref; Carlson, S
$33.39 Ref; Carlson, S $36.21 Ref; Carquest $3.73 Rep; Cash-Wa $134.26 Various;
Central Dist Health Dept $2,902.00 Su; CHAD $12.00 Ded; Charter Adv St. Louis
$187.36 Serv; Charter Communications $43.55 Serv; Charter Paging $21.92 Serv;
City Glass $175.52 Rep; City of Ky $250,856.92 Various; Clark Enersen Partners
$104.73 Serv; CLH $309.00 Weather Computer; College Savings Plan of NE $65.00
Ded; Computer Hardware $1,133.95 Various; Conseco Life Ins $38.00 Ded;
Consolidated Electric Dist $135.78 Lease; Control Masters $332.50 Rep; Copy Cat
$535.12 Serv; Crumm, C $45.00 Reim; Culligan $49.50 Various; Dell $1,583.12
Equip; Deterding's $363.47 Su; DPC $7,081.18 Su; Dreyer, D $141.30 Various;
Dugan $487.73 Su; Duncan, N $45.00 Bks; Duo-Safety Ladder $49.21 Rep;
Dutton-Lainson $176.56 Various; Dworak, T $10.92 Ref; Eakes $63.88 Rep; Ecolab
$27.00 Su; Eirich, T $50.00 Reim; Elliott Equipment $497.03 Su; Fairbanks
$38,099.25 Various; Farm Plan $411.85 Various; Fox Bros $1,950.00 Serv;
Freburg, N $184.62 Ded; Fremont Nat'l Bank $34,390.62 Ded; Frontier $771.79
Serv; Gale Group $56.13 Bks; Gall's $236.40 Various; Gangwish Turf $772.20 Su;
Gary's I-80 $330.00 Serv; Goedert, J $21.31 Ref; GFOA $50.00 Dues; Great
American Outdoors $18.72 Rep; Great Plains Safety & Health $2,620.00 Serv;
H&G Cleaners $264.67 Serv; H&H Distributors $1,648.10 Su; Hach $95.00
Rep; Heiman Fire Equipment $571.24 Su; Hinz, K $27.26 Ref; Hooker Bros Sand
$122.40 Various; Hosick, T $47.66 Ref; Hunnicutt, J $32.23 Ref; ICMA RC
$2,878.74 Ded; Independence Care Underwriting $18,992.39 Prem; IRS $86,664.74
Ded; Int'l Assoc of Elec Inspectors $90.00 Dues; Jacobsen, G $3.04 Ref; James,
D $3,251.00 Serv; Jefferson Pilot Financial $1,751.31 Prem; Jensen, C $27.14
Ref; Jensen, D $38.03 Ref; Johnson Lawn & Landscape $35,595.00 Serv;
Johnson, S $39.84 Ref; Johnston, A $58.81 Ref; Jones, R $7.18 Ref; KASWA $57,912.62
Tipping Fees; Ky Area Chamber of Commerce $33,770.94 Taxes; Ky Area United Way
$897.54 Ded; Ky Crete $669.13 Various; Ky Hub $50.00 Serv; Ky Winlectric $39.92
Serv; Kenyon, S $5.32 Ref; Kirkham Michael $12,789.97 Serv; Klaus, M $55.87 Tr;
Kneher, K $27.32 Ref; Kooyman, R $200.00 Ins; Lang, L $129.70 Various; Laser
Art Designs $32.25 Rep; Laughlin, K $360.00 Ded; League of NE Municipalities
$2,033.00 Dues; Linda's Upholstery $20.00 Su; Long, K $36.21 Ref; Luke, D $5.94
Tr; Marlatt Machine Shop $757.23 Various; Martinosky, M $50.00 Reim; Maska, D
$25.21 Ref; McCollister & Co $401.10 Inv; McDermott & Miller $5,200.00
Serv; McKean, J $1,298.93 Rep; Meadowbrook Ins $1,594.00 Prem; Mid America Pay
Phones $100.00 Serv; Middleton Electric $1,498.40 Serv; Midlands Contracting
$12,348.42 Serv; Midwest Turf $560.12 Rep; Miller & Associates $9,651.44
Serv; Miller Signs $1,421.00 Various; Mosbarger, B $200.00 Ins; NAPA
$124.57 Lease; Nat'l Paper Supply $75.53 Su; Nat'l Waterworks $3,029.98
Various; NE Child Support $892.18 Ded; NE Crime Comm $50.00 Tr; NE Dept of
Revenue $35,656.55 Ded; NE DOL/Boiler Insp Program $60.00 Serv; NE State
Library $21.00 Bks; NE Truck Center $39,157.11 Various; NEland Distributors
$1,202.50 Su; New World Systems $2,000.00 Software; Norm's Plbg $141.46 Rep;
Northwestern $7,046.55 Serv; Office Depot $311.55 Various; Officenet $55.73 Su;
O'Keefe Elevator $530.50 Rep; OMB Police Supply $1,834.87 Su; Orr, L $35.00
License; Overhead Door $96.95 Rep; Pane Bello $127.54 Serv; Payflex Systems
$399.50 Various; Pedersen, G $22.43 Ref; PEP $225.00 Various; Pfeiffer, D
$80.00 Tr; Phillip Vandervoorde $1,500.00 Serv; Ping $3.44 Inv; Platte Valley
Comm $13,435.87 Serv; Platte Valley State Bank $50.00 Bond; Preferred Mail
$117.82 Pstg; Prescott, J $30.00 Tr; Presto-X $128.00 Rep; Price's Tree Service
$3,720.00 Serv; Priority Mgt Systems $95.02 Su; Public Agency Training Council
$500.00 Tr; Rahe, T $16.88 Ref; Recorded Books $312.75 Bks; Reeves, K $28.16
Ref; Reserve Acct $8,000.00 Pstg; Ross Engineering $12,308.84 Serv; Safety
League $67.69 Su; Sam's Club $83.48 Bks; School Dist #7 $328.75 Remittance;
Schulmeister, S $40.00 Ref; See Clear $1,950.00 Serv; Shultz, K $22.66 Ref;
Springer Roofing $275.00 Rep; State of NE HHS Lab $12.00 Su; Sterling
Distributors $48.15 Su; Stocker, K $10.35 Tr; Stoneworks $5,000.00 Serv; Sun
Turf $90.04 Rep; Super Shine $7.00 Rep; SWANA $141.00 Dues; T&B Cleaning
$1,100.00 Serv; Talkington, J $12.41 Ref; Thames, S $41.58 Ref; Thopmson, L
$60.00 Rep; Titleist $180.24 Inv; Tracy, K $196.08 Tr; Union Oil $2,574.00 Inv;
United Distillers $141.28 Su; United Seeds $2,090.00 Su; University of NE Press
$43.53 Bks; UNK $23.31 Serv; UNO $50.00 Tr; US Postmaster $552.00 Pstg; Van
Diest Supply $392.45 Rep; Village Uniform $327.29 Various; Walford, D $35.20
Ref; Wallace, J $7.48 Ref; Wallace, M $11.29 Ref; Walton, T $196.08 Tr;
Washington State Support $102.01 Ded; We Care Tree Care $210.00 Serv; Weiss
Ratings $195.95 Bks; West Central NE Home Builders Assoc $360.00 Dues;
Wiederspan, R $219.92 Tr; Wilke-Donovan's True Value $46.57 Rep; Woodman
Drilling $9,042.27 Serv; Yant Equipment $213.00 Serv; Yavorovskiya, O $7.00
Reim; Payroll Ending 08-07-2004 -- $270,038.53. 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.
Concur with the Nebraska Department of Roads with the selection of Kayton
Electric, Inc. of Holdrege, Nebraska in the amount of $162,671.55 for the improvements at the
intersection of 25th
Street and Avenue E
(Project No. ELEC-30-4(1039).
4.
Approve the application for a Special Designated License submitted by DOUGLAS
J. HOOS, dba “Tubs Pub” in connection with their Class C/K282 liquor license to
dispense beer, wine and distilled spirits in the fenced area located in the
parking lot of Kearney Yamaha, 511 2nd Avenue South, on August 28, 2004 from
4:00 p.m. until 12:00 a.m. for Make-A-Wish Fund Raiser.
5.
Approve the application for a Special Designated License submitted by DOUGLAS
J. HOOS, dba “Tubs Pub” in connection with their Class C/K282 liquor license to
dispense beer, wine and distilled spirits in the Ag Pavilion at the Buffalo
County Fairgrounds, 3807 Avenue N, on November 6, 2004 from 4:00 p.m. until 1:00 a.m. for a
wedding reception.
6.
Approve the application for a Special Designated License submitted by DOUGLAS
J. HOOS, dba “Tubs Pub” in connection with their Class C/K282 liquor license to
dispense beer, wine and distilled spirits in the Extension Building at the Buffalo County Fairgrounds, 1400 East 34th Street, on November 27, 2004 from 3:00
p.m. until 1:00 a.m. for a wedding reception.
7.
Approve the recommendation from the Mayor on the appointment of Kris Jerke to
serve on the Advisory Board of Cable Commissioners.
8.
Approve Change Order No. 1 for a decrease in the amount of $2,733.20,
Application and Certificate for Payment No. 2-Final in the amount of $.00, and
the Certificate of Completion submitted by Midlands Contracting, Inc. and
approved by Miller & Associates in connection with the 2004 Part III
Improvements – Bid A consisting of Water District No. 2004-529 for LaPlatte
Road from Meadow Lane to Plaza Boulevard, and Sewer District No. 2004-471 or
LaPlatte Road from Meadow Lane to approximately 160 feet south of Redwood Lane
and approve Resolution No. 2004-140.
RESOLUTION
NO. 2004-140
WHEREAS, Midlands Contracting, Inc.
has performed services in connection with the 2004 Part III Improvements – Bid
A consisting of Water District No. 2004-529 for LaPlatte Road from Meadow Lane
to Plaza Boulevard, and Sewer District No. 2004-471 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 $2,733.20, as shown on Exhibit “A”
attached hereto and made a part hereof by reference; and
WHEREAS, Midlands Contracting, Inc.
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
$0.00 as shown on Exhibit “B” attached hereto and made a part hereof by
reference and as follows:
|
Original Contract Sum
|
$100,380.00
|
|
Change Order No. 2 (8-10-2004)
|
- 2,733.20
|
|
Contract Sum To Date
|
97,646.80
|
|
Gross Amount Due
|
97,646.80
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
.00
|
|
Less Previous Certificates for Payment
|
97,646.80
|
|
Current Payment Due
|
$
0.00
|
WHEREAS, the Engineer and Contractor have now certified to the City Clerk that
work is completed, 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 Completion, as shown on Exhibit
“C” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 10TH DAY OF AUGUST, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
9.
Approve the Cooperative Interlocal Training Agreement between the City of Kearney, Buffalo County, Educational Service Unit #10, Kearney Public Schools and the University of Nebraska at Kearney to provide joint personnel training and approve Resolution
No. 2004-141.
RESOLUTION
NO. 2004-141
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the agreement entitled “Cooperative Interlocal Training Agreement”,
negotiated by and between the City of Kearney, Buffalo County, Educational
Service Unit #10, Kearney Public Schools and the University of Nebraska at
Kearney to provide joint personnel training, a copy of said Agreement, marked
as Exhibit 1 is attached hereto and made a part hereof be reference, be and is
hereby accepted and approved, and the City Manager is hereby authorized and
directed to execute the same agreement on behalf of the City of Kearney.
PASSED AND APPROVED THIS 10TH DAY OF AUGUST, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
10.
Approve the Agreement between the City of Kearney and the Kearney Area Chamber of Commerce to host the Spirit of America
Ride and to close the public parking lot located at 21st Street and Avenue A on September 3, 2004 from 4:30 p.m. until 9:00 p.m.
11.
Approve the Agreement between the City of Kearney and the University of Nebraska at Kearney to close the public parking lot
located north of the Museum of Nebraska Art on August
26, 2004 from 9:00 p.m. until 12:00
midnight.
12.
Approve the Landlord Agreement executed on behalf of Powermate Corporation,
formerly known as Coleman Powermate, Inc., to waive any landlord’s lien, rights
of levy or distraint, claim, security interest or other interest in personal
property at Powermate Corporation and approve Resolution No. 2004-142.
RESOLUTION NO. 2004-142
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 Landlord Agreement, on behalf of the City of Kearney, Nebraska
and the Kearney Municipal Airport Corporation, a copy of the Agreement, marked
Exhibit “1”, is attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 10TH DAY OF AUGUST, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
V. CONSENT AGENDA
ORDINANCES
ORDINANCE NO. 7099 – REPEAL ORDINANCE NO. 7080 AND CREATE
WATER CONNECTION DISTRICT NO. 2004-2A
Director of Utilities Kirk Stocker addressed the next four
items together. On July
13, 2004 the Council
created several water and sewer connection districts in southeast Kearney.
When districts are created an exhibit showing the location
of the proposed water and sewer main along with the lots and blocks included in
the assessment boundary is prepared or drawn for each district. After the
exhibit is prepared a legal description is written to fully describe what is
shown on the exhibit.
It has come to our attention that the lots in Block 7,
Whiteaker’s Grove Addition were numbered incorrectly when the exhibit was
prepared. Therefore, the legal descriptions and the Ordinances creating four
districts must be amended using the proper lot numbers.
The lots in Block 7 of Whiteaker’s Grove Addition, which is
partially shown on the exhibit, were numbered using the same pattern as the
other blocks in the subdivision when the exhibit was prepared. However, when
compared to the plat of the subdivision, Block 7 does not use the same
numbering system as the other blocks because 23rd street does not extend west of Avenue O leaving 17 lots in the
block rather than the usual 14 lots as in the rest of the subdivision.
The districts that must be amended are Sewer Connection District 2004-2 located
in vacated Avenue O and in platted Avenue O from 18th Street to just north of
22nd Street, Sewer Connection District No. 2004-4 and Water Connection District
No. 2004-2 in Avenue N from 20th Street to just north of 22nd Street and Water
Connection District No. 2004-3 in Avenue O from 20th Street to just north of
22nd Street.
Administration has corrected the exhibit and the legal
descriptions and is asking that the Council repeal the original Ordinances that
created the districts and recreate the districts as follows, Sewer Connection
District 2004-2A located in vacated Avenue O and in platted Avenue O from 18th
Street to just north of 22nd Street, Sewer Connection District No. 2004-4A and
Water Connection District No. 2004-2A in Avenue N from 20th Street to just
north of 22nd Street and Water Connection District No. 2004-3A in Avenue O from
20th Street to just north of 22nd Street.
Council Member Kearney introduced Ordinance No. 7099, being
Subsection 1 of Agenda Item V to repeal Ordinance No. 7080 and to create Water
Connection District No. 2004-2A for Avenue N from 20th Street north to the
north line of Lot 11, Block 7, Whiteaker’s Grove Addition, and moved that the
statutory rules requiring ordinances to be read by title on three different
days be suspended and said ordinances be considered for passage on the same day
upon reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member Clouse seconded the
motion to suspend the rules. President of the Council asked for
discussion or if anyone in the audience was interested in the ordinance.
No one responded. Clerk called the roll which resulted as follows:
Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared
passed and adopted. City Clerk read Ordinance No. 7099 by number.
Roll call of those in favor of the passage of said ordinance on the first
reading resulted as follows: Aye: Blankenship, Kearney, Buschkoetter,
Hadley, Clouse. Nay: None. Motion carried. Ordinance was read
by number.
Moved by Clouse seconded by Hadley that Ordinance No. 7099
be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion
carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7099 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the Kearney
Public Library.
ORDINANCE NO. 7100 – REPEAL ORDINANCE NO. 7081 AND CREATE
WATER CONNECTION DISTRICT NO. 2004-3A
Council Member Kearney introduced Ordinance No. 7100, being
Subsection 2 of Agenda Item V to repeal Ordinance No. 7081 and to create Water
Connection District No. 2004-3A for Avenue O from 20th Street north to the
north line of Lot 9, Block 6, Whiteaker’s Grove Addition, and moved that the
statutory rules requiring ordinances to be read by title on three different
days be suspended and said ordinances be considered for passage on the same day
upon reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member Clouse seconded the
motion to suspend the rules. President of the Council asked for
discussion or if anyone in the audience was interested in the ordinance.
No one responded. Clerk called the roll which resulted as follows:
Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared
passed and adopted. City Clerk read Ordinance No. 7100 by number.
Roll call of those in favor of the passage of said ordinance on the first
reading resulted as follows: Aye: Blankenship, Kearney, Buschkoetter,
Hadley, Clouse. Nay: None. Motion carried. Ordinance was read
by number.
Moved by Clouse seconded by Hadley that Ordinance No. 7100
be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion
carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7100 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
ORDINANCE NO. 7101 – REPEAL ORDINANCE NO. 7084 AND CREATE
SEWER CONNECTION DISTRICT NO. 2004-2A
Council Member Kearney introduced Ordinance No. 7101, being
Subsection 3 of Agenda Item V to repeal Ordinance No. 7084 and to create Sewer
Connection District No. 2004-2A for Avenue O from 18th Street, if extended,
north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition, and
moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage
on the same day upon reading by number only, and then placed on final passage
and that the City Clerk be permitted to call out the number of the ordinance on
its first reading and then upon its final passage. Council Member Clouse
seconded the motion to suspend the rules. President of the Council asked
for discussion or if anyone in the audience was interested in the
ordinance. No one responded. Clerk called the roll which resulted
as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion to suspend
the rules having been concurred in by three-fourths of the City Council, said
motion was declared passed and adopted. City Clerk read Ordinance No.
7101 by number. Roll call of those in favor of the passage of said
ordinance on the first reading resulted as follows: Aye: Blankenship,
Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion
carried. Ordinance was read by number.
Moved by Clouse seconded by Hadley that Ordinance No. 7101 be
passed, approved and published as required by law. Roll call resulted as
follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion
carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7101 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
ORDINANCE NO. 7102 – REPEAL ORDINANCE NO. 7086 AND CREATE
SEWER CONNECTION DISTRICT NO. 2004-4A
Council Member Kearney introduced Ordinance No. 7102, being
Subsection 4 of Agenda Item V to repeal Ordinance No. 7086 and to create Sewer
Connection District No. 2004-4A for Avenue N from 20th Street north to the
north line of Lot 11, Block 7, Whiteaker’s Grove Addition, and moved that the
statutory rules requiring ordinances to be read by title on three different
days be suspended and said ordinances be considered for passage on the same day
upon reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member Clouse seconded the motion
to suspend the rules. President of the Council asked for discussion or if
anyone in the audience was interested in the ordinance. No one
responded. Clerk called the roll which resulted as follows: Aye:
Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared
passed and adopted. City Clerk read Ordinance No. 7102 by number.
Roll call of those in favor of the passage of said ordinance on the first
reading resulted as follows: Aye: Blankenship, Kearney, Buschkoetter,
Hadley, Clouse. Nay: None. Motion carried. Ordinance was read
by number.
Moved by Clouse seconded by Hadley that Ordinance No. 7102
be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion
carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7102 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
VI. REGULAR AGENDA
TRI
CITY ARENA 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 remained on the table.
ORDINANCE NO. 7103 VACATE PORTION OF NORTH PARK ADDITION
Council Member Hadley introduced Ordinance No. 7103, being
Subsection 2 of Agenda Item VI to vacate Lots 1, 2, 3, and 4 of Block 1, North
Park Addition, an addition to the City of Kearney, Buffalo County, Nebraska
(north of 50th Street at approximately 18th Avenue if it existed), and moved
that the statutory rules requiring ordinances to be read by title on three
different days be suspended and said ordinances be considered for passage on
the same day upon reading by number only, and then placed on final passage and
that the City Clerk be permitted to call out the number of the ordinance on its
first reading and then upon its final passage. Council Member
Buschkoetter seconded the motion to suspend the rules. President of the
Council asked for discussion or if anyone in the audience was interested in the
ordinance. No one responded. Clerk called the roll which resulted
as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None.
Motion to suspend the rules having been concurred in by three-fourths of the
City Council, said motion was declared passed and adopted. City Clerk
read Ordinance No. 7103 by number. Roll call of those in favor of the
passage of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Buschkoetter seconded by Blankenship that Ordinance
No. 7103 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay:
None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7103 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
ORDINANCE NO. 7104 – REZONING; NORTH OF 50TH STREET, WEST OF HOEHNER ESTATES THIRD ADDITION,
NORTH OF NORTH PARK, AND WEST OF 19TH AVENUE
Council Member Hadley introduced Ordinance No. 7104, being
Subsection 3 of Agenda Item VI to rezone from “District AG, Agricultural District”
to “District R-1, Urban Residential Single Family District (Low Density)”
property described as a tract of land being a part of the Northeast Quarter of
Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 0.11
acres, more or less, Buffalo County, Nebraska (north of 50th Street, west of
Hoehner Estates Third Addition, north of North Park, and west of 19th Avenue),
and moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage
on the same day upon reading by number only, and then placed on final passage
and that the City Clerk be permitted to call out the number of the ordinance on
its first reading and then upon its final passage. Council Member
Buschkoetter seconded the motion to suspend the rules. President of the
Council asked for discussion or if anyone in the audience was interested in the
ordinance. No one responded. Clerk called the roll which resulted
as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay:
None. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and
adopted. City Clerk read Ordinance No. 7104 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Blankenship, Hadley, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried. Ordinance was read
by number.
Moved by Buschkoetter seconded by Blankenship that Ordinance
No. 7104 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay:
None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7104 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
FINAL PLAT – CASTLE RIDGE ADDITION
Mayor Blankenship opened for discussion the application
submitted by Ron Ridgway (Applicant) for Denton Charitable Remainder Unitrust,
Five Points Bank, Successor Trustee (Owner) for final plat approval of “CASTLE
RIDGE ADDITION” to the City of Kearney, Buffalo County, Nebraska (north of 50th
Street, west of Hoehner Estates Third Addition, north of North Park, and west
of 19th Avenue) and to consider approval of Resolution No. 2004-143 subject to
the effective date of Ordinance No. 7103. Planning Commission recommended
approval.
Moved by Blankenship seconded by Kearney to approve the
application submitted by Ron Ridgway (Applicant) for Denton Charitable
Remainder Unitrust, Five Points Bank, Successor Trustee (Owner) for final plat
approval of “CASTLE RIDGE ADDITION” to the City of Kearney, Buffalo County,
Nebraska (north of 50th Street, west of Hoehner Estates Third Addition, north
of North Park, and west of 19th Avenue) and approve Resolution No. 2004-143
subject to the effective date of Ordinance No. 7103. Roll call resulted
as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion carried.
RESOLUTION
NO. 2004-143
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “CASTLE RIDGE ADDITION”, an addition to the City of Kearney,
Buffalo County, Nebraska, duly made out, acknowledged and certified, and the
same hereby is approved and in accordance with the provisions and requirements
of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed
and recorded in the Office of the Register of Deeds of Buffalo County,
Nebraska; said addition is hereby included within the corporate limits of said
City and shall be and become a part of said City for all purposes whatsoever,
and the inhabits of such addition shall be entitled to all the rights and
privileges and shall be subject to all laws, ordinances, rules and regulations
of said City.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the final plat on behalf of the City of
Kearney, Nebraska.
PASSED AND APPROVED THIS 10TH DAY OF august,
2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
FINAL PLAT – ABOOD ADDITION
Mayor Blankenship opened for discussion the application
submitted by Ron Ridgway (Applicant) for Jeanetta Abood, Personal
Representative of the Estate of Tony Abood, Deceased, and individually and as
surviving spouse of Tony Abood, Deceased (Owner) for final plat approval of
“ABOOD ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska,
said property described as a tract of land being Government Lot 6 and
accretions abutting said Government Lot, and part of Government Lot 7 and
accretions abutting said Government Lot, and all located in the South Half of
Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 77.85
acres, more or less, Buffalo County, Nebraska (north of 1st Street and west of
Avenue M) and to consider approval of Resolution No. 2004-144. Planning
Commission recommended approval subject to the name of the street being changed
from Archway Parkway to 1st Street.
The applicant, Ron Ridgway on behalf of the owner, Jeanetta
Abood, Personal Representative of the Estate of Tony Abood, Deceased, and individually
and as surviving spouse of Tony Abood, Deceased, is requesting approval of a
five-lot subdivision located in southeast Kearney north of 1st Street and west
of Avenue M along Interstate 80. This site contains a sandpit lake.
This land has never been formally subdivided and filed with the Register of
Deeds as a subdivision. The land area of the subdivision is 77.85 acres
and it is zoned ICMU.
The Preliminary Plat and Final Plat of Abood Addition
consist of five lots. The Preliminary Plat was approved by Planning
Commission on July 16, 2004. All required information is shown on the
Final Plat except that the street shown and labeled as “Archway Parkway” should
be labeled “1st Street.” Fifty feet of right-of-way from centerline is
being dedicated along Avenue M and 1st Street as they abut this
subdivision. The hike-bike trail runs alongside 1st Street and Avenue
M. Proposed Lot 2 is a flag-shaped lot with access to 1st Street via a
102-foot wide strip of land. This corridor is sufficiently wide to
accommodate a public street in the future if the lots are further
subdivided. The east 80 feet of Avenue E is dedicated on the plat along
the western edge of the subdivision.
No Public Works Plan is required; all services are in place
in 1st Street. No well and septic services will be allowed. The
utilities companies have been contacted for required easements.
Moved by Kearney seconded by Clouse to approve the
application submitted by Ron Ridgway (Applicant) for Jeanetta Abood, Personal Representative
of the Estate of Tony Abood, Deceased, and individually and as surviving spouse
of Tony Abood, Deceased (Owner) for final plat approval of “ABOOD ADDITION”, an
addition to the City of Kearney, Buffalo County, Nebraska, said property described
as a tract of land being Government Lot 6 and accretions abutting said
Government Lot, and part of Government Lot 7 and accretions abutting said
Government Lot, and all located in the South Half of Section 12, Township 8
North, Range 16 West of the 6th P.M., containing 77.85 acres, more or less,
Buffalo County, Nebraska (north of 1st Street and west of Avenue M) and approve
Resolution No. 2004-144 subject to the name of the street being changed from
Archway Parkway to 1st Street. Roll call resulted as follows: Aye:
Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None.
Motion carried.
RESOLUTION
NO. 2004-144
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “ABOOD ADDITION”, an addition to the City of Kearney, Buffalo
County, Nebraska, duly made out, acknowledged and certified, and the same
hereby is approved subject to the name of the street being changed from Archway
Parkway to 1st Street, and in accordance with the provisions and requirements
of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed
and recorded in the Office of the Register of Deeds of Buffalo County,
Nebraska; said addition is hereby included within the corporate limits of said
City and shall be and become a part of said City for all purposes whatsoever,
and the inhabits of such addition shall be entitled to all the rights and
privileges and shall be subject to all laws, ordinances, rules and regulations
of said City.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the final plat on behalf of the City of
Kearney, Nebraska.
PASSED AND APPROVED THIS 10TH DAY OF august,
2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
FINAL PLAT – 46TH STREET ADDITION
Mayor Blankenship opened for discussion the application
submitted by Joseph R. Hewgley & Associates, Inc. (Applicant) for The
Church of Jesus Christ of Latter-Day Saints (Owner) for final plat approval of
“46TH STREET SUBDIVISION” to the City of Kearney, Buffalo County, Nebraska said
property described as a tract of land being part of Tax Lot 5 (also described
as the Southwest Quarter of the Northwest Quarter of the Northwest Quarter of
the Southeast Quarter) and also a tract of land abutting Tax Lot 5, located in
the Northwest Quarter of the Southeast Quarter of Section 25, Township 9 North,
Range 16 West of the 6th P.M., containing 2.50 acres, more or less, Buffalo
County, Nebraska
(north of 46th Street, east of Avenue E, south of Deyle Subdivision and
west of Andersen Subdivision) and to consider approval of Resolution No.
2004-145. Planning Commission recommended approval subject to the correction
being made on the street right-of-way for 46th Street.
The applicant, Joseph R. Hewgley & Associates, Inc. on
behalf of The Church of Jesus Christ of Latter-Day Saints is requesting
approval of a one-lot subdivision located in northeast Kearney north of 46th
Street and east of Avenue E. This site contains the existing Church of
Latter Day Saints and the church wishes to add an addition to the existing
building. This land has never been formally subdivided and filed with the
Register of Deeds as a subdivision. Therefore, the City is requiring a
Preliminary and Final Plat for this property prior to the issuance of Building
Permits for the building addition/remodel. The land area of the
subdivision is 2.50 acres and it is zoned R-1.
The Preliminary Plat and Final Plat of 46th Street
Subdivision consist of a one-lot subdivision. The Preliminary Plat was
approved by Planning Commission on July 16, 2004. All required
information is shown on the Final Plat. A mistake in the right-of-way
width of 46th Street has been corrected to 60 feet. No Public Works Plan is
required, all services are in place. The utilities companies have been
contacted for required easements.
Dennis Graham, Olsson Associates 701 4th Avenue, Holdrege,
Nebraska presented this matter to the Council. The interest started when
they proposed to build an addition north of the Church. That area is
north of 46th Street, east of Avenue E, south of Deyle Subdivision, and west of
Anderson’s Subdivision. That area had not been platted because it was
considered out in the rural section even though it is still in the City
limits. The area had to be platted before they could get a building
permit for the addition. There was a correction made on the final plat
because the preliminary plat showed 46th Street as a 70-foot right-of-way but
needed to be a 60-foot street, which was verified with the adjacent
plats.
Council Member Clouse made a comment that some of the
neighbors in the area have expressed appreciation that the construction workers
in that area have not been parking on Avenue E where it gets very congested at
times.
Moved by Clouse seconded by Hadley to approve the
application submitted by Joseph R. Hewgley & Associates, Inc. (Applicant)
for The Church of Jesus Christ of Latter-Day Saints (Owner) for final plat
approval of “46TH STREET SUBDIVISION” to the City of Kearney, Buffalo County,
Nebraska said property described as a tract of land being part of Tax Lot 5
(also described as the Southwest Quarter of the Northwest Quarter of the
Northwest Quarter of the Southeast Quarter) and also a tract of land abutting
Tax Lot 5, located in the Northwest Quarter of the Southeast Quarter of Section
25, Township 9 North, Range 16 West of the 6th P.M., containing 2.50 acres,
more or less, Buffalo County, Nebraska (north of 46th Street, east of Avenue E, south
of Deyle Subdivision and west of Andersen Subdivision) and approve Resolution
No. 2004-145 subject to the correction being made on the street right-of-way
for 46th Street. Roll call resulted as follows: Aye:
Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None.
Motion carried.
RESOLUTION
NO. 2004-145
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “46TH STREET SUBDIVISION”, an addition to the City of Kearney,
Buffalo County, Nebraska, duly made out, acknowledged and certified, and the
same hereby is approved subject to the correction being made on the street
right-of-way for 46th Street, and in accordance with the provisions and
requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and
ordered filed and recorded in the Office of the Register of Deeds of Buffalo
County, Nebraska; said addition is hereby included within the corporate limits
of said City and shall be and become a part of said City for all purposes
whatsoever, and the inhabits of such addition shall be entitled to all the
rights and privileges and shall be subject to all laws, ordinances, rules and
regulations of said City.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the final plat on behalf of the City of
Kearney, Nebraska.
PASSED AND APPROVED THIS 10TH DAY OF august,
2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
DISCUSSION – AMENDING DISTRICT ICMU
Mayor Blankenship opened for discussion amending “District
ICMU, Interstate Corridor Mixed Use District” of the Unified Land Development
Ordinance, being a part of the Kearney City Code. Planning Commission
recommended the Council review the adopted Land Use Map and to instruct staff
to prepare a zoning plan for the area according to the Comprehensive Plan
bringing the plan back for Planning Commission and City Council review at a
later date and that the property owners be involved in the process.
Council member Kearney vacated his chair and abstained from discussion and voting on this
matter.
Recently, a group of professionals including members of the
City Council, Planning Commission, Planning Staff and the Development Community
met to discuss the future of the Interstate 80 corridor. Some concerns
were expressed regarding the unique “point system” ICMU zoning that was
established under the direction of Marty Shukert in 1997. The group
directed the Planning Staff to investigate alternative approaches to regulating
land development in the corridor beginning with a discussion among the Planning
Commission members. On two separate occasions the Planning Commission and
Planning Staff have discussed the ICMU District and development along the I-80
corridor. It seems the best course of action is to reevaluate the
corridor with a land use and zoning study. Planning staff would like to
perform this study “in-house” and is seeking authority from the City Council to
proceed.
The
outcome of these group discussions has been generally to promote land
development in the corridor as the “gateway” entrance to Kearney. Although there was a mixture
of opinions, some people believed that the ICMU approach that is currently in
place has too many unnecessary “hurdles” for developers to address. Other
opinions were expressed about the lack of traffic flow along 1st Street (Archway Parkway) as being insufficient in volume to support commercial
development. The Archway Monument has not generated the traffic that its promoters had
originally envisioned. There was also discussion about the ICMU land use
plan, which is low density for the most part, with an abundance of residential
and open space type uses contemplated. The low density is a direct result
of the Archway promoter’s wishes to control and restrict commercial competition
in the corridor (you may recall “motels and hotels, lodging houses, etc.” are
not allowable anywhere in ICMU). The importance of the Wellhead Protection Area
was also discussed especially in terms of maintaining agricultural, open space,
and low density uses on the south side of I-80 in proximity to the city well
field. The potential improvements that the Cherry Avenue Interchange and
Bypass will bring in terms of access and traffic volumes can only be a
plus. In the meantime what should the city do with zoning along the
corridor?
Planning
Commission and Planning Staff decided that the best approach would be to engage
in a new study of the Interstate Corridor that will be performed “in-house”
instead of hiring a consultant. The results of the study will be a
proposed set of revisions to the ICMU Chapter of the UDO that will be presented
in the future to the Planning Commission and City Council. At this point,
the guiding principals of the study include:
·
The study area should
extend from the limits of the ETJ (extraterritorial jurisdiction) on the east
side of the city to the ETJ limits on the west side of the city. The
width of the corridor must be established.
·
The proposed land uses
and zoning categories will be developed based on the current Comprehensive Plan
as a guide.
·
The “point” system will
be dropped and a new system of development regulation more closely aligned with
our standard development review procedures will be developed.
·
Landowners in the
Interstate Corridor will be involved in the process of drafting the revisions.
·
The findings and
recommendations will be presented to the Planning Commission and City Council
at Public Hearings.
Therefore, the City Planning Staff seeks approval from the
City Council to embark on this land use study to develop a revised set of land
development regulations for the Interstate Corridor.
The Planning Commission recommended that City Council
instruct the staff to prepare a zoning plan for the area according to the
Comprehensive Plan, bringing the plan back for the Planning Commission and City
Council to review at a later date, and that the property owners be involved in
the process.
Lance Lang, City Planner, presented this matter to the
Council. He explained that amending this section of the Unified Land
Development Ordinance has to do with ICMU (Interstate Corridor Mixed Use) that
is the area along the interstate that is referred to in the Development
Regulatory System as the point system, which was created by Marty Shukert in
1997. At that time, a moratorium was in place because the Archway was on
the horizon of being constructed and there were concerns about what might
happen around the Archway with land development. The Council enacted a
moratorium and Mr. Shukert spent 12-18 months working with staff, the Archway
Board, and the landowners in the area to develop this point system.
This point system is a rather unique approach and Mr. Lang
stated he was not aware of anywhere else in the state that is using such a
standard; however it has been used in other states. Unfortunately, there
has not been a lot of development around the Archway. There has been
discussion that this point system is cumbersome and might be deterring
development in the area. There are varying opinions about whether this is
the case or not and why things are not developing in that area.
The City leaders met and discussed what should be done in
the area and whether the City should keep the point system or not. The
direction from that group was to do some investigation and discuss this with
the Planning Commission. They have had three meeting with the Planning
Commission and discussed this item. They are all in agreement that the
point system is not necessarily required in order to achieve the results they
would like to see in terms of quality development. They would investigate
some other alternatives that are more along the traditional lines of land
development, such as zoning and land use regulation that are used in
other parts of the community. He requested that the Council grant
permission for the staff to take on an in-house study involving the landowners
(who were instrumental in setting up the point system in the beginning) and
bring recommendations and alternatives back to the Planning Commission and the
Council at a future date.
Mr. Lang stated that they have had quite a bit of discussion
with the Planning Commission so they have some idea what direction they would
like to see. Their suggestion was to have some open public meetings with
the landowners to see if they are comfortable with these alternative
ideas. When and if they amend the Code, it would require a public hearing
before the Planning Commission and the City Council. He thought that six
months would be a reasonable length of time to accomplish this.
Council Member Clouse stated that he was aware that the
point system had caused some problems in the past. He asked if there was
a group that is in favor of the point system? Mr. Lang responded that
when they first raised this question with the Planning Commission, some of them
thought that the point system had not been fully tested. In actuality,
there is only one project that has gone through the whole system, which is
Kearney Yamaha. The point system was able to be worked through and produced a
nice project at Yamaha, so others are saying why change it? Mr. Lang
stated that he believes, after talking to the Planning Commission, that there
are other ways to achieve the same results without using the point
system. He believed that the problem with the point system is that the
issues become how many points is each worth instead of getting to the meat of
the real issue. His observation was on the north end of town as far from
the Interstate as you can get, there are some very nice projects that have gone
in over the past few years and those were done without the point system.
The consultant’s original idea was to provide some flexibility because of the
uncertainty what might develop in the Archway area and the point system seemed
ideal. Mr. Lang also stated that after the Cherry Avenue interchange is constructed and if there is a lot more growth
in the area, the City can always re-address this in the future.
Mayor Blankenship voiced a concern to make sure that those
landowners in the area are somewhat protected from commercial
development. He also wants to ensure that the City has an outstanding
entrance to the community. Director of Public Works Rod Wiederspan stated
that currently the ICMU District goes from 2nd Avenue east. They are looking at the Interstate Corridor from the
west and east boundaries, so they are not looking at just half of the
corridor. This is the main entrance from both directions, however, this
is the only place the City has the point system.
Moved by Hadley seconded by Buschkoetter to authorize
Administration to prepare a zoning plan for the area according to the
Comprehensive Plan, bringing the plan back for the Planning Commission and City
Council to review at a later date. Roll call resulted as follows:
Aye: Blankenship, Clouse, Buschkoetter, Hadley. Nay: None. Kearney abstaining. Motion carried.
HANGING BANNERS ALONG 2ND AVENUE
Mayor Blankenship opened for discussion the request
submitted by the Kearney Chamber Gateway Task Force to support hanging banners
along 2nd Avenue.
The Chamber of Commerce Gateway Corridor Committee has proposed
a Kearney banner to be displayed throughout Kearney. All of the banners would have the Kearney name and a general logo on them.
Specific parts of town such as the Downtown Kearney Centre, Old Town Business
District and Hospitality District would be color-coded and may include specific
logos of the areas to note arrival in that part of the community.
The banners would be 30 feet by 60 feet and made of
aluminum. They will be on display permanently. Individual groups or
associations would be responsible for purchasing the banners. The banners
will not carry any advertising and should not violate state or federal rules
regarding the use of public right-of-way.
The intent of the project is to help visitors locate
different parts of the community and to extend community pride/identifier
message throughout Kearney. A Chamber Committee
representative has met with the Kearney Centre Association, Downtown
Improvement Board, Old Town group, and the Hospitality Committee. All of these
groups have endorsed the project. The long term goal of the Committee is
to extend these banners from south to north along 2nd Avenue.
Randy Jensen, 3320 5th Avenue, Chairman of the Kearney Chamber of Commerce/ Gateway
Corridor Task Force presented this matter to the Council. The task force is
coordinating color-coded banners that would have similar logos, but different
colors representing various sections of the Kearney community. They are working with the Downtown Kearney Centre, the
Old Town Business District, and the hospitality district to coordinate this
joint effort. A Chamber representative has met with these groups and all
three groups have endorsed the banner project. Each group will finance
the banners in their own respective area. The intent of the project is to
help visitors locate different segments of our community and extend community
pride with an identifier message throughout the City.
The banners are 30 inches by 60 inches, made of aluminum,
and hung with the castings. Individual groups or association would be
responsible for purchasing and/or erecting the banners themselves. The
banners would not carry any advertisements and would not violate (in their
perception) any state or federal rules regarding the signage in public
rights-of-way. Mr. Jensen stated that subject to the Council’s approval
they would be asking the Nebraska Department of Roads for their permission to
install banners on South
2nd Avenue.
Their long-term goal would be to continue with these banners throughout the
City and north along 2nd
Avenue.
Roger Jasnoch, President of the Kearney Chamber of Commerce,
located at 1007 2nd
Avenue also addressed
this issue. Mr. Jasnoch stated that the Downtown Center and Old Town groups have agreed to use the new
logo for their areas as the need for replacement signs comes along. As
funding becomes available, the task force will be visiting with other groups
and will extend the signs to be put on 25th Street. The long-range goal of the Gateway Corridor Task
Force is to have approximately fifty banners from 2nd Avenue, south of the Interstate through the
overpass. This will happen if there is enough funding and in coordination with
the UNK banners as they come down at the end of their celebration in
2005.
Council Member Buschkoetter asked if there would be
advertising on the banners on 25th Street
since it is not a state highway and would not fall under the state and federal
guidelines. Mr. Jasnoch responded that the funding on 2nd Avenue will be private dollars, but there
will be no mention of any specific business names because it is not allowed
according to the information that they received from the state. As far as
25th Street, at this point he has visited with
both groups involved and there has been no mention of advertising on the
banners on Central
Avenue. The
task force hopes to see some of these banners up this fall.
Moved by Buschkoetter seconded by Blankenship to approve the
request submitted by the Kearney Chamber Gateway Task Force to support hanging
banners along 2nd Avenue. Roll call resulted as
follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion carried.
PLANS AND SPECIFICATIONS FOR 2004 PART VII IMPROVEMENTS
Mayor Blankenship opened for discussion the Plans and
Specifications for the 2004 Part VII Improvements consisting of Paving
Improvement District No. 2004-886 for Avenue K from 14th Street north to 15th
Street, Paving Improvement District No. 2004-887 for 14th Street from Avenue K
east to Avenue M, Paving Improvement District No. 2004-888 for 15th Street from
Avenue K east to Avenue M, Paving Improvement District No. 2004-889 for 15th
Street from Avenue H east to Avenue I; Water District No. 2004-533 for Avenue K
from 14th Street north to 15th Street, Water District No. 2004-534 for 14th
Street from Avenue K east to Avenue M; Sewer District No. 2004-475 for Avenue K
from 14th Street north to 15th Street, Sewer District No. 2004-476 for 14th
Street from Avenue K east to Avenue M, Sewer District No. 2004-477 for 15th
Street from Avenue K east to Avenue M; Water Connection District No. 2004-1 for
20th Street from Avenue M east to Avenue O, Water Connection District No.
2004-2A for Avenue N from 20th Street north to the north line of Lot 11, Block
7, Whiteaker’s Grove Addition, Water Connection District No. 2004-3A for Avenue
O from 20th Street north to the north line of Lot 9, Block 6, Whiteaker’s Grove
Addition, Water Connection District No. 2004-4 for Avenue D from 11th Street
north to 13th Street; Sewer Connection District No. 2004-1 in a sanitary sewer
easement in 18th Street, if extended, to Avenue O, Sewer Connection District
No. 2004-2A for Avenue O from 18th Street, if extended, north to the north line
of Lot 9, Block 6, Whiteaker’s Grove Addition, Sewer Connection District No.
2004-3 for 20th Street from Avenue M east to Avenue O, Sewer Connection
District No. 2004-4A for Avenue N from 20th Street north to the north line of
Lot 11, Block 7, Whiteaker’s Grove Addition, Sewer Connection District No.
2004-5 for 21st Street from Avenue M east to Avenue N, Sewer Connection
District No. 2004-6 for 22nd Street from Avenue M east to Avenue N, Sewer
Connection District No. 2004-7 for Avenue D from 11th Street north to 13th
Street, and the Water Main Replacement Project for 4th Avenue between 22nd
Street and 23rd Street and set the bid opening date for September 7, 2004 at
2:00 p.m.
At the July 13, 2004
Council meeting the Council created several water, sewer and paving districts
for Southeast Kearney. Two of the water connection
districts and two of the sewer connection districts created on July 13, 2004 are being amended on tonight’s
Consent Agenda because incorrect lot numbers were used on the exhibits.
The water, sewer and paving districts created on July 13, 2004 have been included in the 2004 Part
VII Improvements bid package. The districts included in the bid package
are Sewer Connection District No. 2004-1 in an easement in what would be 18th Street, if extended, from Avenue M to
Avenue O. Sewer Connection District No. 2004-2A in vacated Avenue O and
in platted Avenue O from 18th
Street to just north
of 22nd Street. Sewer Connection District
No. 2004-3 and Water Connection District No. 2004-1 in 20th Street from Avenue O to Avenue M.
Sewer Connection District No. 2004-4A and Water Connection District No. 2004-2A
in Avenue N from 20th Street to just north of 22nd Street. Sewer
Connection District No. 2004-5 in 21st Street from Avenue N to Avenue M. Sewer Connection District
No. 2004-6 in 22nd
Street from Avenue N
to Avenue M. Water Connection District No. 2004-3A in Avenue O from 20th Street to 22nd Street. Sewer Connection District No. 2004-7 and Water
Connection District No. 2004-4 in Avenue D from 11th Street to 13th Street.
The following districts were requested by a developer, and
included in the 2004 Part VII Improvements bid package, Paving District No.
2004-886, Water District No. 2004-533 and Sewer District No. 2004-475 in Avenue
K from 14th Street to 15th Street; Paving District No. 2004-887, Water District
No. 2004-534 and Sewer District No. 2004-476 in 14th Street from Avenue K to
Avenue M and Paving District No. 2004-888 and Sewer District No. 2004-477 in
15th Street from Avenue K to Avenue M. Also, included in the 2004 Part
VII bid package is Paving District No. 2004-889 for 15th Street from Avenue H to Avenue I that was
requested by a property owner living in the neighborhood. The Utilities
Department has also included a water main replacement project in the bid
package in order to replace an old 2-inch water main between 22nd Street and
23rd Street on the west side of 4th Avenue.
The 2004 Part VII contract contains various completion
dates. For example, the water and sewer districts in 14th Street, 15th Street and in Avenue K to be completed by November 29, 2004. The paving districts in this
project have a June 3,
2005 completion
date. The remaining water and sewer districts can begin at any time that
the contractors choose with a May 13, 2005
completion date. The water main replacement project on 4th Avenue between 22nd Street and 23rd Street cannot begin until June 1, 2005 and must be complete by July 29, 2005 in order to reduce conflicts with
the school term at Central Elementary School.
All areas of work will be coordinated to limit street closings.
For instance the Avenue D water and sewer project will require work in both 13th Street and 11th Street in order to connect to existing water and sewer
mains. The specifications clearly state that 13th Street and 11th Street can be closed for minimal period of time but not at the
same time. Similarly, in the area east of the Avenue M overpass, 20th Street and 22nd Street will not be allowed to be closed at the same time to insure
continued movement of east/west traffic in the area.
The contract provisions also require that the contractor
give notice prior to closing streets so that news releases can be issued so
that ample notice is given to the residents of the area and to provide
emergency access for police, fire and ambulance service.
City Administration has included funds in this year’s and
next year’s budget for all of the water, sewer and paving districts included in
the project. Assessments will be levied and connection fees will be
collected in order for the City to recover the cost of construction.
Additionally, the Utilities Department will use the cost of the proposed sewer
districts as grant match to obtain the $161,335.00 balance of the EPA Grant
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.
Jeff Peterson from Miller & Associates was present to
answer any questions by the Council.
Moved by Blankenship seconded by Kearney to approve the
Plans and Specifications for the 2004 Part VII Improvements consisting of
Paving Improvement District No. 2004-886 for Avenue K from 14th Street north to
15th Street, Paving Improvement District No. 2004-887 for 14th Street from
Avenue K east to Avenue M, Paving Improvement District No. 2004-888 for 15th
Street from Avenue K east to Avenue M, Paving Improvement District No. 2004-889
for 15th Street from Avenue H east to Avenue I; Water District No. 2004-533 for
Avenue K from 14th Street north to 15th Street, Water District No. 2004-534 for
14th Street from Avenue K east to Avenue M; Sewer District No. 2004-475 for
Avenue K from 14th Street north to 15th Street, Sewer District No. 2004-476 for
14th Street from Avenue K east to Avenue M, Sewer District No. 2004-477 for
15th Street from Avenue K east to Avenue M; Water Connection District No.
2004-1 for 20th Street from Avenue M east to Avenue O, Water Connection
District No. 2004-2A for Avenue N from 20th Street north to the north line of
Lot 11, Block 7, Whiteaker’s Grove Addition, Water Connection District No.
2004-3A for Avenue O from 20th Street north to the north line of Lot 9, Block
6, Whiteaker’s Grove Addition, Water Connection District No. 2004-4 for Avenue
D from 11th Street north to 13th Street; Sewer Connection District No. 2004-1
in a sanitary sewer easement in 18th Street, if extended, to Avenue O, Sewer
Connection District No. 2004-2A for Avenue O from 18th Street, if extended,
north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition, Sewer
Connection District No. 2004-3 for 20th Street from Avenue M east to Avenue O,
Sewer Connection District No. 2004-4A for Avenue N from 20th Street north to
the north line of Lot 11, Block 7, Whiteaker’s Grove Addition, Sewer Connection
District No. 2004-5 for 21st Street from Avenue M east to Avenue N, Sewer
Connection District No. 2004-6 for 22nd Street from Avenue M east to Avenue N,
Sewer Connection District No. 2004-7 for Avenue D from 11th Street north to
13th Street, and the Water Main Replacement Project for 4th Avenue between 22nd
Street and 23rd Street and set the bid opening date for September 7, 2004 at
2:00 p.m. Roll call resulted as follows: Aye: Blankenship,
Buschkoetter, Hadley, Clouse, Kearney.
Nay: None. Motion carried.
ORDINANCE NO. 7105 – AMEND SECTIONS 8-616 AND 8-617 OF KEARNEY CITY CODE
City Attorney presented this matter to the Council. This
section basically mirrors the terms and provisions of the State Statute
prohibiting operating a vehicle under the influence of an alcoholic liquor
(DUI). Recently, the Unicam amended the State sections to provide for
different penalty provisions. The City maintains a penalty section which
provides punishment of the offense as a misdemeanor in accordance with Section
8-817. The primary benefit of charging individuals under the City Code is
that the defendants are not entitled to Jury Trials, in accordance with State
and US Supreme Court decisions. Handling of the cases is therefore
expedited by the County.
Both the penalty Section under City Code Section 8-616 and
the provisions of Section 8-617 were affected by the recent amendments of the
State Statute by the Unicameral. The proposed amendment Ordinance will
simplify both the penalty and the implied consent sections under the City Code
provisions, while still remaining within the terms and provisions of the new
state Statute.
New amendments and basic provisions of the State DUI
Statutes have been incorporated into the Ordinance, while retaining the
misdemeanor penalty provision and specific punishments allowed under the State
Statutes. Therefore, persons prosecuted for driving under the influence
of alcoholic liquor are subject to the same basic terms, provisions and
punishments of the State Statute, but are not accorded a Jury Trial if charged
under the City Ordinance. The effect of the amendments is to preserve the
terms, conditions and provisions of the DUI laws and to save time and money for
the City and the County. The City Attorney has reviewed the provisions of
the proposed amendment and finds that they are in accordance with Nebraska
Statutes and Municipal authority.
The affect of the proposed Amendments is to expedite
prosecution of persons charged with the offense of driving under the influence
of alcoholic beverages while saving costs and expenses of Jury Trials.
The County Attorney has requested that the City amend the current City
Ordinance to conform it to recent amendments to the State Statute by the
Unicameral in order to allow the orderly prosecution of DUI offenses. The
proposed amendments are legally appropriate and are in the best interests of
the citizens of the City of Kearney and Buffalo County.
Council Member Kearney introduced Ordinance No. 7105, being
Subsection 10 of Agenda Item VI to amend Section 8-616 “Under the Influence of
Alcoholic Liquor; Alcohol in Body Fluid; Penalty” and to amend Section 8-617
“Chemical Tests; Refusal; Penalty” all in Article 6 “Operation of Vehicles” of
Chapter 8 “Police” to correctly reflect the changes made in the Nebraska
Statutes, and moved that the statutory rules requiring ordinances to be read by
title on three different days be suspended and said ordinances be considered
for passage on the same day upon reading by number only, and then placed on
final passage and that the City Clerk be permitted to call out the number of
the ordinance on its first reading and then upon its final passage.
Council Member Clouse seconded the motion to suspend the rules. President
of the Council asked for discussion or if anyone in the audience was interested
in the ordinance. No one responded. Clerk called the roll which
resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay:
None. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and
adopted. City Clerk read Ordinance No. 7105 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Blankenship, Hadley, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried. Ordinance was read
by number.
Moved by Clouse seconded by Hadley that Ordinance No. 7105
be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7105 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
MUSEUM OF NEBRASKA ART GRANT EXTENSION
Mayor Blankenship opened for discussion the Resolution No.
2004-146 requesting the Nebraska Department of Economic Development to extend
the Community Development Block Grant Tourism Development Initiative #00-TD-003
award for the Museum of Nebraska Art.
Assistant City Manager John Prescott presented this matter
to the Council. In 2001, the Museum of Nebraska Art was awarded a $20,000 Community
Development Block Grant in the Tourism Development Initiative Category.
CDBG TDI award #00-TD-003 was designed to replace the elevated lift on the
North side of the building. The existing lift was in need of replacement
in order to facilitate the ease and quickness at which disabled patrons could
enter the museum. The grant award was 100% matched by Museum funds.
Since the award was made Museum officials involved with this
project have changed as well as the desired method to facilitate entry into the
building for disabled patrons. Those changes led to a delay in beginning
the project. The grant expired in September 2003 and the City Council
approved a grant extension at that time. The work was completed earlier
this year and receipts were submitted to the City last week in order that MONA
could drawdown their grant funding. The Nebraska Department of Economic
Development is requesting an additional grant extension. This will allow
the money to be drawdown on an active grant that has not expired.
The project includes a concrete ramp on the East hand side
of the building extending from the building to the sculpture garden. This
enhancement improved access among the different portions of MONA’s exhibits,
provided a long term solution to the issue, and improved the frequency at which
disabled individuals could enter the facility.
Part of the extension process is approval by the City
Council and filing of related paperwork explaining the reason for the delay and
plans to complete the project.
As the Grant recipient, the City is the only party who can
request an extension of the Community Development Block Grant. CDBG
guidelines include provisions to request extension of a grant award to complete
a project. Extending the project will not change the level of the City of
Kearney’s involvement in the grant.
The Museum of Nebraska Art provided the local match for this grant in the original
application and continues to have the match funds available. This project
will not create any financial burden for the City of Kearney.
Moved by Hadley seconded by Buschkoetter to approve
Resolution No. 2004-146 requesting the Nebraska Department of Economic
Development to extend the Community Development Block Grant Tourism Development
Initiative #00-TD-003 award for the Museum of Nebraska
Art. Roll call
resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None.
Motion carried.
RESOLUTION NO. 2004-146
WHEREAS, the City of Kearney, Nebraska is an eligible unit of a general local
government authorized to file an application under the Department of Economic
Development for a Community Development Block Grant Program; and
WHEREAS, the City of Kearney, Nebraska was awarded a Tourism Development
Initiative award in September, 2001 in the amount of $20,000.00 to assist the
Museum of Nebraska Art with the replacement of the lift used to provide access
for disabled persons; and
WHEREAS, the City of Kearney, Nebraska desires to extend Tourism Development
Initiative Grant 00-TD-003 through September 30, 2004 to allow the money to be
drawdown on the grant.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that the Mayor be and is hereby authorized and directed to
proceed with the formulation of any and all contracts, documents, or other
memoranda between the City of Kearney and the Nebraska Department of Economic
Development so as to effect the extension of this grant.
PASSED AND APPROVED THIS 10TH DAY OF AUGUST, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
PLANS AND SPECIFICATIONS FOR 2004 PART IV IMPROVEMENTS
Mayor Blankenship opened for discussion the Plans and Specifications
for the 2004 Part IV Improvements consisting of Paving Improvement District No.
2003-872 for North
Railroad Street from Central Avenue to Avenue B and set the bid opening
date for September 2,
2004 at 2:00 p.m.
As part of the 2004 Long Range Goals,
Budget process, and the current One and Six Year Street Plan the City Council
approved the installation of North Railroad Street from Central
Avenue to Avenue B. The City is ready to advertise and receive bids
for the construction of the aforementioned project. Kirkham Michael is
requesting approval of the plans and specifications and to set the bid opening
date for September 2, 2004 at 2:00 p.m.
The Engineer’s Opinion of Probable
Construction Cost ranges between $250,000 and $750,000. The work involved
is scheduled for final completion within 45 working days from the issuance of
the notice to proceed.
Matt Krajewski from Kirkham Michael
was present to answer any questions by the Council.
Moved by Buschkoetter seconded by Blankenship to approve the
Plans and Specifications for the 2004 Part IV Improvements consisting of Paving
Improvement District No. 2003-872 for North Railroad Street from Central
Avenue to Avenue B
and set the bid opening date for September 2, 2004 at 2:00
p.m. Roll call resulted
as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion
carried.
PLANS AND SPECIFICATIONS FOR 2004 PART VIII IMPROVEMENTS
Mayor Blankenship opened for discussion the Plans and Specifications
for the 2004 Part VIII Improvements consisting of Intersection Improvement
District No. 2000-1 for Central Avenue and 21st Street, Intersection
Improvement District No. 2000-2 for Central Avenue and 22nd Street,
Intersection Improvement District No. 2000-3 for Central Avenue and 23rd
Street, and Intersection Improvement District No. 2000-4 for Central Avenue and
24th Street and set the bid opening date for September 2, 2004 at 2:00 p.m.
As part of the 2004 Long Range Goals, Budget process, and
the current One and Six Year Street Plan the City Council approved the
installation of the following public infrastructure: Intersection Improvement
District No. 2000-1 for Central Avenue and 21st Street, Intersection
Improvement District No. 2000-2 for Central Avenue and 22nd Street,
Intersection Improvement District No. 2000-3 for Central Avenue and 23rd
Street, and Intersection Improvement District No. 2000-4 for Central Avenue and
24th Street.
The City is ready to advertise and receive bids for the
construction of the aforementioned project. The project includes the
removal of the brick surfacing and its sub base, reconstruction of the sub base
and the replacement of the existing brick surfacing. Kirkham Michael is
requesting approval of the plans and specifications and to set the bid opening
date for September 2,
2004 at 2:00 p.m.
The Engineer’s Opinion of Probable Construction Cost ranges
between $275,000 and $800,000. The work involved is scheduled for final
completion within 60 working days from the issuance of the notice to proceed. Matt Krajewski from Kirkham Michael was present
to answer any questions by the Council.
Moved by Blankenship seconded by Kearney to approve the
Plans and Specifications for the 2004 Part VIII Improvements consisting of
Intersection Improvement District No. 2000-1 for Central Avenue and 21st
Street, Intersection Improvement District No. 2000-2 for Central Avenue and
22nd Street, Intersection Improvement District No. 2000-3 for Central Avenue
and 23rd Street, and Intersection Improvement District No. 2000-4 for Central
Avenue and 24th Street and set the bid opening date for September 2, 2004 at
2:00 p.m. Roll call resulted as follows: Aye: Blankenship, Hadley,
Clouse, Kearney, Buschkoetter. Nay:
None. Motion carried.
PLANS AND SPECIFICATIONS
FOR COTTONMILL TRAIL PEDESTRIAN BRIDGE
Mayor Blankenship opened for discussion the Plans and
Specifications for the construction of the Cottonmill Trail Pedestrian Bridge to be located near the Archway Monument and set the bid opening date for September 3, 2004 at 2:00 p.m.
Director of Park & Recreation Neal Lewis presented this
matter to the Council. The City is now ready to bid the historical bridge
project connecting the Fort Kearny to Cottonmill Trail to the Great Platte River Archway Monument. Plans and specifications are complete and the City is
requesting approval and setting the bid opening date for September 3, 2004 at 2:00 p.m. The project budget is a blend of City and Nebraska Games
and Park Commission Recreational Trails Program Grant funds already acquired.
Matt Krajewski from Kirkham Michael
was present to answer any questions by the Council.
Moved by Kearney
seconded by Clouse to approve the Plans and Specifications for the construction
of the Cottonmill Trail Pedestrian Bridge to be located near the Archway Monument and set the bid opening date for September 3, 2004 at 2:00 p.m. Roll call resulted as follows: Aye:
Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay:
None. Motion carried.
SETTLEMENT AGREEMENT – FARMERS UNION CO-OPERATIVE
Mayor Blankenship opened for discussion the Settlement
Agreement between the City of Kearney and Farmers Union Co-Operative
Association of Kearney, Nebraska for the purchase of the west half of Lot 89,
all of Lot 90, and the east half of Lot 91, all in Keen’s Park Addition to the
City of Kearney, Buffalo County, Nebraska and to consider approval of
Resolution No. 2004-147.
Items 15 and 16 were discussed together but voted on
separately.
City Attorney Michael Kelley presented this matter to the
Council. As part of the Avenue M/N Overpass project, the City was required to
condemn portions of property owned by the Farmer’s Union Cooperative
Association of Kearney, Nebraska on both the north and south ends of the
overpass. The Buffalo County Board of Appraisers, in its Return to the
County Court, awarded Cenex Finance Association, Inc. and Farmers Union Coop
the sum of $82,116.00 plus any interest for the acquisition of portions of
Tracts 6 and 28. The Respondents, Coop and Cenex were dissatisfied with
the award and filed an Appeal to the Buffalo County District Court.
As part of the Settlement Agreement reached by the parties,
the City has agreed to sell to Coop real estate described as the west half of
Lot 89, all of Lot 90, and the east half of Lots 91, all in Keene’s Park
Addition to the City of Kearney for the appraised value of $33,447.00. The City
will reserve a ten-foot permanent easement across the southern portions of Lots
89, 90 and 91 for maintenance, repair and operation of an east/west sanitary
sewer and a 25-foot wide permanent easement for maintenance of a north/south
sanitary sewer on, under and through Lot 91 and for the maintenance, repair, replacement,
and operation of the Overpass embankment retaining and stabilization wall
located on the west half of Lot 91. The easement restricts the Coop from
locating buildings and other permanent structures on the easement area and from
interfering with the City’s reasonable access to and use of the easement areas
for easement purposes. It is the City’s understanding that the Coop has
purchased a building to be located on a portion of the said Lots, and that they
may desire to relocate the existing east/west sewer in order to accommodate the
location of the building. As part of the Agreement, the Coop will accept
the Return by the County Appraisers in the amount of $82,116.00 plus interest as originally
awarded and will dismiss its appeal to District Court.
Moved by Clouse seconded by Hadley to approve the Settlement
Agreement between the City of Kearney and Farmers Union Co-Operative
Association of Kearney, Nebraska for the purchase of the west half of Lot 89,
all of Lot 90, and the east half of Lot 91, all in Keen’s Park Addition to the
City of Kearney, Buffalo County, Nebraska and approve Resolution No.
2004-147. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried.
RESOLUTION NO. 2004-147
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 Settlement 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 10TH DAY OF AUGUST, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
ORDINANCE NO. 7106 – SALE
PROPERTY TO FARMERS UNION CO-OPERATIVE ASSOCIATION
Council Member Hadley introduced Ordinance No. 7106, being Subsection
16 of Agenda Item VI to sell the west half of Lot 89, all of Lot 90, and the
east half of Lot 91, all in Keen’s Park Addition to the City of Kearney,
Buffalo County, Nebraska to Farmers Union Co-Operative Association of Kearney,
Nebraska, and moved that the statutory rules requiring ordinances to be read by
title on three different days be suspended and said ordinances be considered
for passage on the same day upon reading by number only, and then placed on
final passage and that the City Clerk be permitted to call out the number of
the ordinance on its first reading and then upon its final passage.
Council Member Buschkoetter seconded the motion to suspend the rules.
President of the Council asked for discussion or if anyone in the audience was
interested in the ordinance. No one responded. Clerk called the
roll which resulted as follows: Aye: Blankenship, Buschkoetter, Hadley,
Clouse, Kearney. Nay: None. Motion to
suspend the rules having been concurred in by three-fourths of the City Council,
said motion was declared passed and adopted. City Clerk read Ordinance
No. 7106 by number. Roll call of those in favor of the passage of said
ordinance on the first reading resulted as follows: Aye: Blankenship,
Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion
carried. Ordinance was read by number.
Moved by Buschkoetter seconded by Blankenship that Ordinance
No. 7106 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay:
None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7106 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
OPEN ACCOUNT CLAIMS WARD LABORATORIES -- $264.00
NPPD -- $69,781.77
Moved by Kearney
seconded by Hadley that Open Account Claims in the amount of $264.00 payable to
Ward Laboratories and to NPPD in the amount of $69,781.77 be allowed.
Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Kearney. Nay: None. Clouse
abstained. Motion carried.
VII. REPORTS
None.
VIII. ADJOURN
Moved by Buschkoetter seconded by Blankenship that Council
adjourn at 8:41 p.m. Roll call resulted as
follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.
BRUCE L.
BLANKENSHIP
PRESIDENT OF
THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK