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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