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Kearney, Nebraska

September 14, 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 September 14, 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: Mike Malone, Justin Peterson, Steve Miller, Gene McElhinney, Jeff Peterson, Dick Stacy, Ron Ridgway, Greg Brandt, Larry Butler, Marvion Reichert, Terry Eirich, Sarah Isaac, Ken Gardner, Pam Gardner, Mike Martinosky, Jori Pearson, George Weidel, Jim Tacha, Ken Tracy, Jerry Thompson, L.D. Glatter, Lance Lang, Bruce Grupe, Loyd Andrews, Jim King, Bob Scarborough, Corey Rossell, Paul Brungardt, Matt Krajewski, Mitch Humphrey, Neal Lewis, Steve Baye, Devin Jones, Todd Gottula from Kearney Hub, and Julie Hong from NTV.

 

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 Mayor and Council held a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

The Kearney Volunteer Fire Department presented the Color Guard. Boy Scouts Matthew Brown, Zach Seton, and Brad Carr lead the Council members and audience in the Pledge of Allegiance.

 

RECOGNITION

 

Mayor Blankenship and Council Members recognized the following Kearney Volunteer Fire Department Members. They were each presented a plaque. Loyd Andrews – 25 years, Ken Gardner – 20 years, Jim King – 5 years, Sarah Isaac – 5 years, Bob Scarborough – 5 years, and Corey Rossell – 5 years.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

LAND USE MAP AMENDMENTS – EAST OF 3003 CENTRAL AVENUE

 

Mayor Blankenship opened the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Medium Density Residential” to “Mixed Use 1” property described as Lot 506, Southwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska (east of 3003 Central Avenue) and to consider approval of Resolution No. 2004-155. Planning Commission recommended approval.

 

Public Hearings 1 and 2 were discussed together but voted on separately.

 

Jori Pearson (Applicant) and Thelma Gale (Owner) are requesting rezoning of Lot 506, Southeast Quarter School Section Addition, from District R-2 to District C-0.  This lot is the lot adjacent to the east of 3003 Central Avenue.  This rezoning request prompts consideration of changing the future Land Use Map of the City of Kearney Comprehensive Development Plan.

 

The rezoning request requires that the future Land Use Map be amended from “Medium Density Residential’ to “Mixed Use 1.”  This land use category allows for a mixture of land use types ranging from residential to offices.  The proposed use for this lot is a medical office building.  The lot will be combined with the lot to the west to accumulate sufficient land for development.  The proposed land use and zoning is consistent with land use patterns in the neighborhood as Good Samaritan Hospital has grown and parking lots and medical clinics have expanded into adjacent residential areas.

 

Jori Pearson was present to answer any questions from the Council.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Medium Density Residential” to “Mixed Use 1” property described as Lot 506, Southwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska (east of 3003 Central Avenue) and approve Resolution No. 2004-155.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-155

 

            WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land described as Lot 506, Southwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska (3003 Central Avenue), from “Medium Density Residential” to “Mixed Use 1”, and

            WHEREAS, the said application for change in the Comprehensive Land Use Plan has been approved by the City Planning Commission, after a public hearing properly published and held, and

            WHEREAS, the City Council has held a public hearing upon the said revision and voted in favor of a motion to approve the change in the Land Use Plan as requested by the applicant.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Medium Density Residential” to “Mixed Use 1” the use classification for the area described as a tract of land described as Lot 506, Southwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska (3003 Central Avenue).

            PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.

 


ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING EAST OF 3003 CENTRAL AVENUE

 

Mayor Blankenship opened the public hearing on the Application submitted by Jori Pearson (Applicant) and Thelma Gale (Owner) to rezone from “District R-2, Urban Residential Mixed-Density District” to “District C-O, Office District” property described as Lot 506, Southwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska (east of 3003 Central Avenue). Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Kearney to close the hearing and approve the Application submitted by Jori Pearson (Applicant) and Thelma Gale (Owner) to rezone from “District R-2, Urban Residential Mixed-Density District” to “District C-O, Office District” property described as Lot 506, Southwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska (east of 3003 Central Avenue).  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

DEVELOPMENT PLAN APPROVAL – NORTHWEST CORNER OF 37TH STREET AND AVENUE I

 

Mayor Blankenship opened the public hearing on the Application submitted by Cash Partnership, Nebraska General Partnership and Greg Brandt Investments, LLC (Applicant and Owner) for Planned District Development Plan Approval for the construction of two 6-unit apartment buildings on property zoned “District R-3/PD, Urban Residential Multi-Family (Medium Density)/Planned Development Overlay District" and described as the south six feet of Lot 5, all of Lots 6, 7, 8, 9 of Block 1, Plainview Subdivision to the City of Kearney, Buffalo County, Nebraska (northwest corner of 37th Street and Avenue I) and to consider approval of Resolution No. 2004-156. Planning Commission recommended approval.

 

Cash Partnership, Nebraska General Partnership and Greg Brandt Investments are requesting approval of Development Plans for two multi-family buildings with three associated two-car garages at the northwest corner of the intersection of 37th Street and Avenue I.  The two apartment buildings are six-plexes for a total of 12 living units. This property is located in a “planned” zoning district thereby requiring review and approval of Development Plans.

 

There are five proposed buildings on this site plan, two apartment buildings with two-car garages attached and three free-standing garage buildings.  Each apartment building has six living units, five units on the main and upper floors and one basement unit. The living units are two bedroom and the garages are two-car garages.  There are 24 parking spaces required and 31 provided.  17 spaces are outside parking pad spaces and 14 spaces are contained in the two car garages.  Total impervious coverage is 66 percent. A Landscape Plan is provided showing 21 trees where only 16 are required.  All trees specified on the plan meet the minimum size requirements.  All landscaped areas will be irrigated.  The buildings will be constructed of brick and siding with asphalt shingles and will fit well in the neighborhood.  There are no architectural elevations of the proposed garage buildings.  The garages shall be constructed of the same materials and architectural style as the main structures.

 

Planning Commission recommended approval of the project with one dissenting vote based on the parking count method including the vehicle on the driveway as well as in the garage as valid parking spaces. (This method of calculating parking spaces was approved by Council and adopted as part of the Code about ten years ago.)

 

Larry Butler, representing Cash Partnership, and J.B. Brandt, representing Greg Brandt Investments was present to answer any questions.  

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the Application submitted by Cash Partnership, Nebraska General Partnership and Greg Brandt Investments, LLC (Applicant and Owner) for Planned District Development Plan Approval for the construction of two 6-unit apartment buildings on property zoned “District R-3/PD, Urban Residential Multi-Family (Medium Density)/Planned Development Overlay District" and described as the south six feet of Lot 5, all of Lots 6, 7, 8, 9 of Block 1, Plainview Subdivision to the City of Kearney, Buffalo County, Nebraska (northwest corner of 37th Street and Avenue I) and approve Resolution No. 2004-156.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-156

 

            WHEREAS, Cash Partnership, a Nebraska Partnership and Greg Brandt Investments, LLC (Applicant and Owner) have applied for Development Plan Approval for the construction of two 6-unit apartment buildings on property zoned “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/ Planned Development Overlay District” and described as a tract of land described as the south six feet of Lot 5, all of Lots 6, 7, 8, and 9 of Block 1, Plainview Subdivision to the City of Kearney, Buffalo County, Nebraska (northwest corner of 37th Street and Avenue I).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Cash Partnership, a Nebraska Partnership and Greg Brandt Investments, LLC (Applicant and Owner) for Development Plan Approval for the construction of two 6-unit apartment buildings on property zoned “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District” and described as a tract of land described as the south six feet of Lot 5, all of Lots 6, 7, 8, and 9 of Block 1, Plainview Subdivision to the City of Kearney, Buffalo County, Nebraska (northwest corner of 37th Street and Avenue I) be approved.

PASSED AND APPROVED THE 14TH DAY OF SEPTEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

LAND USE MAP AMENDMENT – WEST OF CHARRYWOOD STREET AND NORTH OF W ROAD

 

Mayor Blankenship opened the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agricultural” to “Rural Estates” property described as being part of Government Lot 3 and accretions abutting said Government Lot located in Section 23, Township 8 North, Range 16 West of the 6th P.M., containing 1.93 acres more or less, Kearney County, Nebraska (west of Cherrywood Street and north of W Road) and to consider approval of Resolution No. 2004-157. Planning Commission recommended approval.

 

Public Hearings 4 and 5 were discussed together but voted on separately.

 

James Gregory and Tamara S. Brandt are requesting approval for a one-lot residential subdivision located west of Cherrywood Street and north of W Road in Kearney County.  This property is on the west side of the rural residential subdivision on the Platte River known as Brandt’s Lakewood.  The parcel contains an existing single-family home on 10.01 acres.  The project requires an amendment to the Land Use Map, rezoning, vacation, and subdivision platting.

 

Some changes were made to the lot lines prior to this proposal being heard by Planning Commission.  The area of the proposed lot was adjusted downward so the legal description advertising the lot area is sufficient and no readvertising is required.

 

Land Use Map Amendment and Rezoning

The majority of the land area contained in the proposed lot was previously rezoned to RR-2.  A small portion measuring 1.80 acres is still zoned Agricultural and must now be rezoned to RR-2 to be a part of this lot.  If the rezoning request is acceptable, the future Land Use Map of the City of Kearney Comprehensive Development Plan must first be amended to allow the rezoning.  The land use amendment is for the 1.80 acres that has never been zoned.  The land use designation shall be amended from “Agricultural” to “Rural Estates.”  Rural Estates allows for RR-2 zoning.

 

Vacation

Lot 3, Block 2 of Brandt’s Lakewood 7th Addition must be vacated to accommodate replatting of this land as “Brandt’s Lakewood Estates.”

 

Subdivision Plats

The Preliminary Plat was approved by Planning Commission on August 20, 2004.  The Preliminary and Final Plat consist of a one-lot subdivision to be known as Brandt’s Lakewood Estates.  The subdivision consists of an existing single-family house on a 9.87-acre lot.  There are two outbuildings on the premises.  A large agricultural building is located to the west and south of the residence and a smaller free-standing garage is located between the ag building and the residence.  The proposed lot line splits the property in such a way that the ag building remains as part of the 42 acres leftover, while the garage goes with the house.

 

The lot line between the two outbuildings does not conform to the required setbacks for accessory buildings.    Fifty feet is required on both sides of the line, for a total of 100 feet between buildings, and only about seventy feet exists.  The subdivision proposal has been revised so that the larger outbuilding will comply with the fifty-foot setback.  The smaller outbuilding located on the 9.87-acre parcel will be nonconforming, but a note will be added to the plat recognizing the nonconforming status and specifying compliance with the setbacks in the future if the building is ever moved, torn down and reconstructed, or destroyed by an act of nature and reconstructed.

 

Planning Commission recommended approval of the project subject to a note being placed on the Final Plat that if the nonconforming building goes away for any reason, any new accessory building must comply with setbacks and all other development standards in place at that time.

 

Ron Ridgway from Miller & Associates presented this matter to the Council. These two items are for the west one-fifth of the subdivision that will be discussed later. This change is to make this portion the same as the remainder of the subdivision.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Hadley to close the hearing and approve the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agricultural” to “Rural Estates” property described as being part of Government Lot 3 and accretions abutting said Government Lot located in Section 23, Township 8 North, Range 16 West of the 6th P.M., containing 1.93 acres more or less, Kearney County, Nebraska (west of Cherrywood Street and north of W Road) and approve Resolution No. 2004-157.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-157

 

            WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land being part of Government Lot 3 and accretion land abutting said lot located in Section 23, Township 8 North, Range 16 West of the Sixth Principal Meridian, Kearney County, Nebraska, more particularly described as follows:  Referring to the East One Quarter Corner of said Section 23 and assuming the East line of said section as bearing NORTH and all bearings contained herein are relative thereto; thence NORTH on said East line a distance of 1939.54 feet; thence WEST at right angles from the afore described course a distance of 2082.85 feet to the Southwest corner of Brandt’s Lakewood Subdivision to Kearney County, Nebraska, and on the North property line of a public road; thence North 78˚58’35” West and on the North property line of the aforesaid public road a distance of 670.1 feet; thence North 08˚33’35” East and continuing on the property line of said public road a distance of 10.0 feet to the ACTUAL PLACE OF BEGINNING; thence North 83˚33’35” West and continuing on the property line of said public road a distance of 50.76 feet; thence leaving the North property line of said public road North 07˚58’19” East a distance of 199.08 feet; thence North 82˚02’23” West a distance of 110.2 feet; thence North 07˚58’19” East a distance of 373.81 feet; thence North 59˚18’46” East a distance of 102.95 feet; thence North 87˚44’37” East a distance of 68.3 feet; thence South 05˚11’06” West a distance of 436.59 feet; thence South 10˚06’24” West a distance of 212.02 feet to the place of beginning, containing 1.80 acres, more or less, all in Kearney County, Nebraska (west of Cherrywood Street and north of W Road), from “Agricultural” to “Rural Estates”, and

            WHEREAS, the said application for change in the Comprehensive Land Use Plan has been approved by the City Planning Commission, after a public hearing properly published and held, and

            WHEREAS, the City Council has held a public hearing upon the said revision and voted in favor of a motion to approve the change in the Land Use Plan as requested by the applicant.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Agricultural” to “Rural Estates” to “Mixed Use 1” the use classification for the area described as a tract of land being part of Government Lot 3 and accretion land abutting said lot located in Section 23, Township 8 North, Range 16 West of the Sixth Principal Meridian, Kearney County, Nebraska, more particularly described as follows:  Referring to the East One Quarter Corner of said Section 23 and assuming the East line of said section as bearing NORTH and all bearings contained herein are relative thereto; thence NORTH on said East line a distance of 1939.54 feet; thence WEST at right angles from the afore described course a distance of 2082.85 feet to the Southwest corner of Brandt’s Lakewood Subdivision to Kearney County, Nebraska, and on the North property line of a public road; thence North 78˚58’35” West and on the North property line of the aforesaid public road a distance of 670.1 feet; thence North 08˚33’35” East and continuing on the property line of said public road a distance of 10.0 feet to the ACTUAL PLACE OF BEGINNING; thence North 83˚33’35” West and continuing on the property line of said public road a distance of 50.76 feet; thence leaving the North property line of said public road North 07˚58’19” East a distance of 199.08 feet; thence North 82˚02’23” West a distance of 110.2 feet; thence North 07˚58’19” East a distance of 373.81 feet; thence North 59˚18’46” East a distance of 102.95 feet; thence North 87˚44’37” East a distance of 68.3 feet; thence South 05˚11’06” West a distance of 436.59 feet; thence South 10˚06’24” West a distance of 212.02 feet to the place of beginning, containing 1.80 acres, more or less, all in Kearney County, Nebraska.

            PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING WEST OF CHERRYWOOD STREET AND NORTH W ROAD

 

Mayor Blankenship opened the public hearing on the Application submitted by Ron Ridgway (Applicant) for James Gregory and Tamara S. Brandt (Owner) to rezone from “District AG, Agricultural District” to “District RR-2, Rural Residential District (Intermediate Standards)” property described as being part of Government Lot 3 and accretions abutting said Government Lot located in Section 23, Township 8 North, Range 16 West of the 6th P.M., containing 1.93 acres, more or less, Kearney County, Nebraska (west of Cherrywood Street and north of W Road). Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the Application submitted by Ron Ridgway (Applicant) for James Gregory and Tamara S. Brandt (Owner) to rezone from “District AG, Agricultural District” to “District RR-2, Rural Residential District (Intermediate Standards)” property described as being part of Government Lot 3 and accretions abutting said Government Lot located in Section 23, Township 8 North, Range 16 West of the 6th P.M., containing 1.93 acres, more or less, Kearney County, Nebraska (west of Cherrywood Street and north of W Road).  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

DEVELOPMENT PLAN APPROVAL – SOUTH CORNER OF 28TH AVENUE AND 35TH STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by Gene McElhinney (Applicant) for New West Properties, LLC and James K. Hunt (Owners) for Planned District Development Plan Approval for the construction of a duplex complex on property zoned “District C-O/PD, Office/Planned Development Overlay District" and described as Lot 1 together with part of Lot 2, Marianne Hunt Addition to the City of Kearney, Buffalo County, Nebraska (south corner of 28th Avenue and 35th Street) and to consider approval of Resolution No. 2004-158. Planning Commission recommended approval.

 

Gene McElhinney (Applicant) for New West Properties, LLC and James K. Hunt (Owner) are requesting approval of Development Plans for a duplex development that will be divided into condominiums south of 35th Street and west of 27th Avenue.  The recently approved duplex development known as “Grace Addition” abuts the proposed development on the east side.  The applicant proposes 10 duplex structures for a total of 20 living units on 3.75 acres.  This property is located in a “planned” zoning district thereby requiring review and approval of Development Plans.

 

The ten duplex buildings are arranged around a private road that acts as a cul-de-sac and provides access to the driveways and garages.  The private road is divided with a 32-foot wide landscaped median in the middle.  This median is sloped downward to the middle to provide a sump area for collection of stormwater.  The condos feature two car garages with space for two more cars on each driveway and 12 additional stalls for visitors.  A Public Works Plan and Landscape Plan have been submitted. There are four different buildings proposed, each one utilizing a different mix of materials, colors and architectural style.  These buildings will fit nicely into the mixed-use character of this neighborhood. A Minor Subdivision will be required before any building permits are issued.

 

Paul Brungardt from Brungardt Engineering presented this matter to the Council. Mr. McElhinney proposes to put up ten duplexes in a horseshoe single lane drive with some off street parking.   Sanitation and water will be provided from the existing utilities off 35th Street.  All site drainage will be contained in two drain cells located on the inside of the median inlet which will be discharged into the storm sewer system. 

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the Application submitted by Gene McElhinney (Applicant) for New West Properties, LLC and James K. Hunt (Owners) for Planned District Development Plan Approval for the construction of a duplex complex on property zoned “District C-O/PD, Office/Planned Development Overlay District" and described as Lot 1 together with part of Lot 2, Marianne Hunt Addition to the City of Kearney, Buffalo County, Nebraska (south corner of 28th Avenue and 35th Street) and approve Resolution No. 2004-158 subject to a minor subdivision shall be filed with the City and recorded at the Buffalo County Register of Deeds prior to the issuance of any building permits.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-158

 

            WHEREAS, Gene McElhinney (Applicant) for New West Properties, LLC and James K. Hunt (Owners) have applied for Development Plan Approval for the construction of a duplex complex on property zoned “District C-0/PD, Office/Planned Development Overlay District” and described as a tract of land described as Lot 1, together with part of Lot 2, Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska, with that part of Lot 2 in said Marianne Hunt Addition being more particularly described as follows: beginning at the southeast corner of Lot 2, Marianne Hunt Addition, and assuming the east line of Marianne Hunt Addition as bearing N00°43’25”E and all bearings contained herein are relative thereto; thence N00°43’25”E and on the east line of Lot 2 in said Marianne Hunt Addition, a distance of 280.0 feet to the northeasterly corner of said Lot 2, said point also being the southeast corner of Lot 1 in said Marianne Hunt Addition; thence N89°33’52”W and on the line common to the south line of said Lot 1 and the northerly line of said Lot 2, a distance of 272.25 feet to the southwest corner of said Lot 1; thence S00°43’25”W on the west line of said Lot 1 (if extended southerly) a distance of 280.0 feet to a point on the south line of said Lot 2; thence S89°33’52”E and on the south line of said Lot 2 a distance of 272.25 feet to the place of beginning all in Buffalo County, Nebraska (south corner of 28th Avenue and 35th Street).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Gene McElhinney (Applicant) for New West Properties, LLC and James K. Hunt (Owners)  for Development Plan Approval for the construction of a duplex complex on property zoned “District C-0, Office/Planned Development Overlay District” and described as a tract of land described as Lot 1, together with part of Lot 2, Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska, with that part of Lot 2 in said Marianne Hunt Addition being more particularly described as follows: beginning at the southeast corner of Lot 2, Marianne Hunt Addition, and assuming the east line of Marianne Hunt Addition as bearing N00°43’25”E and all bearings contained herein are relative thereto; thence N00°43’25”E and on the east line of Lot 2 in said Marianne Hunt Addition, a distance of 280.0 feet to the northeasterly corner of said Lot 2, said point also being the southeast corner of Lot 1 in said Marianne Hunt Addition; thence N89°33’52”W and on the line common to the south line of said Lot 1 and the northerly line of said Lot 2, a distance of 272.25 feet to the southwest corner of said Lot 1; thence S00°43’25”W on the west line of said Lot 1 (if extended southerly) a distance of 280.0 feet to a point on the south line of said Lot 2; thence S89°33’52”E and on the south line of said Lot 2 a distance of 272.25 feet to the place of beginning all in Buffalo County, Nebraska (south corner of 28th Avenue and 35th Street) be approved subject to a minor subdivision shall be filed with the City and recorded at the Buffalo County Register of Deeds prior to the issuance of any building permits.

PASSED AND APPROVED THE 14TH DAY OF SEPTEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

AMEND SECTION 59-103 “CONDITIONAL USE PERMIT PROCEDURE”

 

Mayor Blankenship opened the public hearing on the proposed amendment to Section 59-103 “Conditional Use Permit Procedure” of Chapter 59 “Administration and Procedures” of the Unified Land Development Ordinance, being a part of the Kearney City Code to require a public hearing before the Planning Commission and after such hearing a report shall be submitted to the City Council who will then hold a public hearing providing for public review and discretionary City Council approval for all Conditional Use Permits. Planning Commission recommended approval.

 

City Planner Lance Lang presented this matter to the Council. This item was discussed at the July and August Planning Commission meetings.  Direction from the Planning Commission was to revise the language in this chapter so the Conditional Use Permits (CUP’s) require review and recommendation from the Planning Commission and review and approval by the City Council.

 

CUP procedures now require the Planning Commission to make the final motion for a CUP with an appeal process in place to appeal the Planning Commission decision to City Council.  At the Planning Commission meeting it appeared that a majority of Commissioners wish to return to the previous procedures requiring both Planning Commission recommendation and final action by City Council, with an appeal to District Court.  No reference of the district court appeal process is made in the proposed draft revisions as it is a right available to an aggrieved party as part of the due process afforded by state law.  The City Attorney and staff do not see any reason to include these procedures in Chapter 59.  All references to final approval by Planning Commission and appeal to City Council have been removed.  The proposed revisions allow for public hearings before both the Planning Commission and the City Council.  The Planning Commission makes a recommendation and has the power to attach conditions to the permit as they wish.  The City Council has the final authority on the application and can accept or deny, or add to the conditions specified by Planning Commission.  No changes are proposed to Table 59-1 which establishes the criteria for an acceptable CUP application.  Likewise, no changes were made to the use matrix table in Chapter 14 that identifies which uses are permitted by right and which uses require conditional use permits.

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Kearney to close the hearing and approve the proposed amendment to Section 59-103 “Conditional Use Permit Procedure” of Chapter 59 “Administration and Procedures” of the Unified Land Development Ordinance, being a part of the Kearney City Code to require a public hearing before the Planning Commission and after such hearing a report shall be submitted to the City Council who will then hold a public hearing providing for public review and discretionary City Council approval for all Conditional Use Permits.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

PRELIMINARY FINDS OF TRANSPORTATION PLAN UPDATE PROJECT

 

Mayor Blankenship opened the public hearing on the presentation of the preliminary findings and recommendations of the City of Kearney Transportation Plan Update Project which will be incorporated into the City of Kearney Comprehensive Plan and to consider approval of Resolution No. 2004-159. Planning Commission recommended accepting the preliminary findings for the City of Kearney Transportation Plan Project and recommended that the City of Kearney Transportation Plan Update Project be incorporated into the City of Kearney Comprehensive Plan.

 

On August 12, 2004 a presentation of the findings and recommendations from this study was made to the City Council and Planning Commission members.  The presentation was approximately two hours in length.  The detailed presentation was held to educate the City’s decision makers about transportation planning in Kearney and the results of a computer aided transportation study.  Following is a review of the steps that lead up to the presentation.

 

In 2003 the City of Kearney Public Works Department applied for a financial grant for the Comprehensive Plan Assistance Program through the Nebraska Department of Roads (NDOR).  The purpose of this program is to encourage local communities to engage in long range transportation planning.  NDOR paid 80 percent of the cost of the study and the City matched 20 percent.  This study basically takes the transportation information that Marty Shukert developed for the Comprehensive Development Plan to a higher level.

 

The City and NDOR issued a Request for Proposals from interested engineering consultants to perform the transportation study, computer model, and prepare a long-range transportation plan.  The selected consultant is Olsson Associates.  For the past year, Olsson representatives have been analyzing the city transportation network and with the assistance of Lima and Associates from Phoenix, Arizona, the team has produced a computerized traffic model to assist in the traffic planning efforts.

 

The model is based on the existing street network, existing traffic volumes, and existing land uses.  Once the model is calibrated to replicate existing conditions the engineers can input future conditions into the model that will affect transportation processes and outcomes.  Based on population predictions and the resulting increase in traffic, the model can pinpoint future traffic problems. As alternative transportation projects are considered, the model will show how each alternative affects the street network, either reducing or increasing traffic on certain roadway segments and intersections.  The model runs on Transcad which is the same traffic modeling software that NDOR uses.  Therefore, the model will continue to be helpful into the future as the City and NDOR analyze the street network for future improvements.

 

Eight alternatives were tested by the consultants to analyze the affect of each alternative and to formulate a series of findings and recommendations that are broken down into short, mid and long-term time frames.  Of special concern from staff standpoint were recommendations that can be implemented immediately with minimal cost impacts, and recommendations for intersection and access point spacing.

 

Mike Malone from Olsson Associates presented this matter to the Council. He presented a brief overview of the plan.   Phase I of the project is now completed which was basically to develop a Long Range Transportation Plan. The key element was the development of the TransCAD model, which is a computer land use and transportation based model.

 

Phase II is a data collection element that is currently underway.  This will look at signal timing and speed limit recommendations.  He pointed out the area being presented includes the future functional classification system map for the community, which builds off the existing map, alternative transportation elements, preliminary costs estimates from a planning level tool (not based on engineering costs), access management policy, which consists of spacing of streets, signals, median openings, etc.  One objective of the plan is to progress traffic through signals and to remove conflicts and keep things out of operational areas of intersections so there are not too many closely spaced drives.

 

The alternative transportation elements include transit, trails, aviation and intelligent transportation systems, which is the application of technology to transportation.  These elements are outside of the actual roadway improvements. 

 

Mr. Malone stated the immediate recommendations were determined from a handful that crossed between short, mid and long-range improvements that are relatively low cost and would have some immediate impact. These recommendations are:  an access management study, complete left turn lane alignment improvements and median opening improvements, update traffic signal equipment, re-stripe 48 feet roadways from 2-lane to 4-lane sections, implement speed limit/signal timing recommendations and geometric improvement at Highway 30/UNK Drive, and re-stripe Central Avenue from 12th Street to 16th Street to 3-lane sections.

 

Short-term recommendations include improvement to the grading along 39th Street near 2nd Avenue and extending left turn lanes at the 25th Street and 2nd Avenue intersection. Construction under the short-term is for the Cherry Avenue interchange from I-80 and the roadway expansions in the Rolling Hills area.

 

Mr. Malone stated in the mid-term, the primary recommendation was to conduct environmental and feasibility studies that would go with a west bypass on the 30th Avenue alignment with an interchange potentially at Interstate 80. Other intersection improvements would be along Coal Chute Road and realigning or reconstructing the Archway road at the Avenue M intersection, which could be combined with a state project.

 

The long-term recommendations were suggestions of a couple of railroad viaducts on 5th Avenue and Central Avenue depending on the continued operations of the railroad in those areas.  Another suggestion was to potentially reconstruct Grand Avenue to provide a smoother transition to Avenue Q and the west bypass from I-80 along the 30th Avenue alignment.  

 

Mr. Malone stated that this report would be available to the public at the City Library, City Hall and on the City Website.  City Planner Lance Lang stated that this plan is a continuation of what Marty Shukert started with the 2002 Comprehensive Plan.  This report will ultimately be on CD at the Building and Zoning Department and copies will be available upon request. 

 

Council member Clouse asked if these immediate items would be implemented on approval of this plan.  He believed that closing some of the medians on the left turns was of immediate importance.  Director of Public Works Rod Wiederspan stated that most of those medians are on the state highway system and the City has to work with the State Department of Roads.  Kearney does have a project in the State plan to address those medians in the One and Six Year Plan for the State.  He stated that the City is looking at improving that section of Highway 30 in the near future.  A line painter has been hired to begin striping those to 4-lane roads on Avenue M south of the Overpass and 11th Street from Avenue M to Central Avenue.  They are being driven as 2-lanes but are actually 4-lane in width.  They will implement what they can as soon as possible.

 

Mayor Blankenship stated that there has been a great deal of interest in the synchronization of the traffic signals and asked when that might be completed.  Mr. Malone stated that the schedule is to develop the timing plans and to work with City and State staff through the end of the year and be ready to be implemented after the first of the year.

 

City Planner stated that the City has been working on its relationship with NDOR. This is important because of the fact that the City has the two highways going right through Kearney.  Director of Public Works stated that with the recommendations that the City has from the consultants, it can go to the State and see how it can move these projects ahead since the study was done as a joint project. Mayor Blankenship expressed his appreciation to the State for their $75,000 investment to help fund the study done by Olsson Associates. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the presentation of the preliminary findings and recommendations of the City of Kearney Transportation Plan Update Project which will be incorporated into the City of Kearney Comprehensive Plan and approve Resolution No. 2004-159.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-159

 

            WHEREAS, the City of Kearney has been experiencing significant growth throughout recent years; and

            WHEREAS, the City of Kearney must make every effort to plan the growth of its transportation network ahead of the population surge; and

            WHEREAS, the City of Kearney entered into an agreement with the Nebraska Department of Roads to hire a consulting engineering team to evaluate the streets and traffic in the City of Kearney and prepare a traffic forecasting model for the transportation network within the City’s jurisdiction; and

            WHEREAS, Olsson Associates was the consulting team working on this project and has provided the City with the Final Report.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the “City of Kearney Transportation Plan Update” dated September 2004 be and is hereby adopted as a companion document to the City of Kearney Comprehensive Plan Update. A copy of the Final Report, marked as Exhibit “A” is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ADOPTING 2004-2005 CITY OF KEARNEY BUDGET

 

Mayor Blankenship opened the public hearing for the purpose of adopting the City of Kearney Budget for the 2004-2005 Fiscal Year. Planning Commission recommended approval of the capital expenditures as presented by City staff.

 

Public Hearings 9 and 10 were discussed together but voted on separately.

 

Director of Finance and Administration Wendell Wessels presented this matter to the Council. Pursuant to Neb. Rev. Stat. Section 13-506, the City Council is required to conduct a public hearing on the City of Kearney proposed budget and the City of Kearney Offstreet Parking District No. 1 proposed budget for the 2004-2005 fiscal year.

 

The public hearing is a process where the City Council hears support, opposition, criticism, suggestions or observations of taxpayers relating to the proposed Budget Document.  The City Council should review the 2004-2005 Budget Document and bring it to the City Council public hearings.  After the Budget Document is reviewed and the public hearings are conducted, Ordinance No. 7116 should be passed and approved on the Regular Agenda.  Ordinance No. 7116 legally adopts the Budget Document and appropriates sums of money contained in the Budget Document for the necessary expenses and liabilities of the City of Kearney.

 

Pursuant to the Nebraska Budget Act (State Statute 13-508), the City of Kearney is required to file the 2004-2005 adopted budget, after a public hearing, with the Buffalo County Clerk and the State of Nebraska Auditor of Public Accounts on or before September 20, 2004.

 

The 2004-2005 Budget has been built on conservative financial principals that reflect staff commitment to maintaining necessary services, improving the quality of the operation of the City, and keeping expenditures and taxes as low as possible.

 

The City Council is required to conduct a public hearing concerning the budget for the City of Kearney and the City of Kearney Offstreet Parking District No. 1 pursuant to State Statutes.  Therefore, the only alternative for the City is to conduct the public hearings and adopt, or amend and adopt as amended, the City of Kearney Annual Operating Budget and Program of Services for the fiscal year beginning on October 1, 2004 and ending on September 30, 2005.  Additionally, Ordinance No. 7116 will need to be passed and approved on the Regular Agenda.

 

The first item discussed was the summary of expenditures, Enterprise Fund capital outlay was $10,519,000 and total capital outlay is a little over $17,500,000 for next year.  Personnel was the next largest part of the budget. Included in the personnel budget is a three percent cost of living increase for all City employees, two community service officers, a firefighter operator and a Park & Rec facilities maintenance worker. 

 

The revenue part of the budget includes taxes, licenses, services, transfers which equal $51,211,000 (less transfers would equal $38,555,000).  He explained that the City could spend $49,000,000 even though it is only bringing in $39,000,000 because the difference of $10,000,000 is money that has already been collected in prior years that is carried over for projects in the 2004-2005 Budget.  Sales tax represents approximately 60 percent of the City revenue, property tax about 18.5 percent, occupation tax about 11 percent, motor vehicle tax 6 percent and in lieu of tax about 4 percent.  The tax requirement is $1,578,208, which gives a tax levy of about 13.38 cents per $100.  The tax levy on a $100,000 home would be $133.80; compared to 2003, it is about a $10 increase.  The only change from what was proposed in July is the valuation from 5 percent to 8.3 percent.  This is a good change because it brought down the levy a little from what was thought it would be in July. 

 

There are two lids, the spending lid and the levy lid.  The 2.5 percent base limitation allowance is approximately $150,000.  If the Council approves the one percent increase, the allowable amount is $60,246.  The two total approximately $211,000 which we can be allowed under the 3.5 percent.  The levy lid allowed for Kearney is 45 cents and the City is at 13 cents.  Allowable growth was one percent for lid purposes out of the eight percent total growth and valuation, which includes new construction, annexation, building, etc.  The other seven percent is for increases in market values. 

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Hadley to close the hearing and adopt the City of Kearney Budget for the 2004-2005 Fiscal Year.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

ADOPTING 2004-2005 OFFSTREET PARKING DISTRICT NO. 1 BUDGET

 

Mayor Blankenship opened the public hearing for the purpose of adopting the City of Kearney Offstreet Parking District No. 1 Budget for the 2004-2005 Fiscal Year.

 

Director of Finance and Administration stated the Offsteet Parking budget has changed very little since last year.  The property tax asking is $25,000 and the miscellaneous occupation tax is $10,700.  These amounts have been the same for the last 18 years.  By law, the City must hold a public hearing on this budget regardless if it remains the same or not.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and adopt the City of Kearney Offstreet Parking District No. 1 Budget for the 2004-2005 Fiscal Year.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

2004 PROPERTY TAX LEVY

 

Mayor Blankenship opened the public hearing for the purpose of setting the 2004 City of Kearney property tax levy at a different amount than the preliminary property tax levy set for the City of Kearney by the Buffalo County Clerk and to consider approval of Resolution No. 2004-160.

 

Director of Finance and Administration Wendell Wessels presented this matter to the Council. Neb. Rev. Stat. Section 77-1601.02 (R.R.S. 1943) requires political subdivisions of the State of Nebraska to conduct a Special Public Hearing to set the 2004 property tax request if the request is going to be different than the 2003 property tax request.  The same statutes include a provision stating that the property tax request for 2003 will be the property tax request for 2004 unless the political subdivision passes by a majority vote a resolution setting the property tax request at a different amount.

 

Resolution No. 2004-160 sets the property tax request for 2004.  The 2004-2005 City of Kearney Budget includes a property tax requirement of $1,280,265.93 for the General Fund, and a property tax requirement of $297,942.00 for the Public Safety Tax Anticipation Bond Fund.  The 2004 property tax requirements are different than the 2003 property tax requirements; therefore, a Special Public Hearing is required to set the 2004 property tax requirement.

 

Pursuant to the Nebraska Budget Act (State Statute 77-1601.02), the City of Kearney is required to conduct a Special Public Hearing to set the 2004 property tax request if the request is going to be different than the 2003 property tax request.

 

The 2004 property tax requirement is different than the 2003 property tax requirement, therefore, a public hearing is required.  After the public hearing, the City Council is required to pass a resolution, by a majority vote, setting the property tax request for 2004.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve setting the 2004 City of Kearney property tax levy at a different amount than the preliminary property tax levy set for the City of Kearney by the Buffalo County Clerk and approve Resolution No. 2004-160.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-160

 

            WHEREAS, Neb. Rev. Stat. Section 77-1601.02, (R.R.S. 1943), as amended), authorizes the City Council to set the 2004 property tax request for the City of Kearney; and

            WHEREAS, the Mayor and City Council of the City of Kearney Nebraska hereby finds and determines that it is in the best interests of the City of Kearney that a 2004 property tax request be set for the City of Kearney.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to the provisions of Neb. Rev. Stat. Section 77-1601.02 (R.R.S. 1943) an All-Purpose Tax Request of $1,280,265.93 is set for the fiscal year beginning the 1st day of October, 2004 and ending on the 30th day of September, 2005 for the purpose of equipping, maintaining and paying the departments of the City of Kearney.

BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to the provisions of Neb. Rev. Stat. Section 77-1601.02 (R.R.S. 1943), a Special Tax Request of $297,942.00 is set for the fiscal year beginning the 1st day of October, 2004 and ending the 30th day of September 2005 for the purpose of paying off bonds authorized by Neb. Rev. Stat. Section 18-1202 (R.R.S. 1943).

            BE IT FURTHER RESOLVED that the City Clerk is hereby ordered to certify said request to the Buffalo County Clerk in order that the same may be placed on the property tax rolls and be collected in the manner provided by law.

BE IT FURTHER RESOLVED that all ordinances and resolutions or parts if ordinances and resolutions in conflict herewith are hereby repealed.

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect October 1, 2004, and shall be published in pamphlet form.

            PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Council member Kearney stated he would be abstaining because of a conflict of interest with regard to Subsection 10 since Kearney State Bank is a designated depository.

 

Moved by Blankenship seconded by Clouse that Subsections 1 through 9 and 11 through 19 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney abstained. Motion carried.

 

1.         Approve Minutes of Regular Meeting held August 24, 2004.

 

2.         Approve the following Claims: A Leisure Store $42.00 Su; AAA Wholesale Trophies $414.00 Su; Ace Hardware $380.50 Various; AFLAC $1,649.72 Ded; Agent Fee $20.00 Tr; Air Pac $160.00 Su; Al Jon $23.07 Inv; Allied Systems $31.40 Su; Alltel $1,535.05 Serv; Amazon $7.48 Bks; Amer Legion Emblem $533.74 Su; Amer Electric $321.33 Su; Amer Library Association $58.50 Su; AMZ Superstore $102.64 Bks; Armor Holdings Forensics $57.45 Serv; Artic Refrigeration $2,586.72 Serv; Artisans $15.98 Rep; Aspen $159.86 Su; Assistive Technology $144.50 Su; Authorhouse $43.41 Bks; Baker & Taylor $2,299.62 Su; BBC Audiobooks $70.00 Bks; Becker, G $15.00 Inv; Bennett, T $1,229.06 Serv; Best Lock $1,174.57 Su; BG Peterson $68.03 Su; Bickford Delbert $40.00 Ref; Big Flag $60.06 Inv; Blessing $137,674.16 Serv; BlueCross BlueShield $19,988.28 Claims; Bobs Superstore $494.04 Various; Boogaarts $35.51 Su; Books on Tape $293.60 Bks; Bosselman Oil $26,154.88 Various; Bound to Stay Bound Books $2,239.14 Bks; Buckle $381.00 Su; Buffalo Co Attorney $11,250.00 Serv; Buffalo Co Register of Deeds $704.00 Serv; Buffalo Co Sheriff $82,488.77 Serv; Buffalo Co Court $849.03 Ded; Buggy Bath $8.00 Rep; Builders $1,524.85 Various; Cabela's $63.19 Su; Canada Life Assurance $2,434.98 Ded; Cary, M $4.69 Ref; Casey's $59.85 Tr; Cash-Wa $66.85 Various; CDW Govt $1,117.54 Su; CED Enterprises $47.57 Su; Centaur $117.15 Su; Central Fire $1,738.30 Various; Central Hydraulic $319.16 Various; Central NE Bobcat $67.83 Inv; Central NE Equipment $246.95 Su; Centurion Tech $269.40 Su; CHAD $8.00 Ded; Charter Communications $65.47 Serv; Chi Omega $100.00 Ref; City of Ky $1,194,488.39 Various; CLH $309.00 SerClifford of Vermont $717.90 Su; Cold Spring Granite $99.99 Su; College Directory $650.00 Su; College Savings Plan of NE $65.00 Ded; Com Action Partnership $59.00 SerComplete Music $220.00 SerComputer Hardware $177.77 Su; Computer Warehouse #4 $63.55 Su; Conseco Life Insurance $38.00 Ded; Const Rental $1,973.29 Various; Copycat $221.12 Su; Crescent Electric $394.15 Su; Crocker Monogramming $56.00 Cla; Crossroads $1,506.34 Various; Crown Awards $82.14 Su; Crumrine, J $23.49 Ref; CT Farms $9.39 Ref; DJ Inkers $26.95 Su; Dannehl's Feed $112.85 Su; Davis Sun Turf $63.48 Rep; Dell $5,535.28 Various; Delta Cases $311.03 Equip; Demco $630.32 Su; Dempcy, D $40.00 Tr; Designer Craft $2,747.30 Rep; Deterdings $162.62 Various; Diamond Groundskeeper $1,700.00 Serv; Diamond Vogel $208.85 Inv; Dieken, D $7.35 Ref; Displays 2 Go $74.93 Su; Double M Farms $2,000.00 Serv; DPC $3,465.80 Su; Dugan $392.84 Su; Dutton-Lainson $5,705.01 Various; Eakes $2,589.28 Various; Earl May $17.96 Su; Eckhout, H $23.49 Ref; Ecolab Pest $27.00 Su; EDM Equipment $2,799.56 Various; Eileen's $116.25 Su; Einspahr, J $40.00 Tr; Eirich, T $50.00 Reim; Elliott Eqiupment $111.42 Su; Enslow $462.65 Bks; Expedia $5.00 Su; Expression Wear $60.00 Su; Fairbanks Intl $220.70 Inv; Farmers Union $622.69 Su; Fastenal $568.82 Various; Fiddelke Htg $51.50 Su; Fireguard $9,606.12 Various; Footjoy $644.26 Inv; Fore Reservations $995.00 Su; Foster, T $40.00 Tr; Fox, M $20.90 Ref; Fraber, K $25.00 Serv; Freburg, N $184.62 Ded; Fremont Nat'l Bank $34,548.26 Ded; Frontier $12,683.30 Serv; Frontierair $503.20 Su; FTS $769.72 Su; Gangwish Turf $1,194.48 Various; Garrett Tires $1,185.36 Various; Gas & Shop $20.00 Tr; Gaylord Bros $151.38 Su; General Traffic Controls $143.39 Su; Gibson, Ardis $1,500.00 Easement; Gopher Sport $167.74 Su; Gordon's $985.93 Various; GFOA $20.00 Su; Govt Training Inst $250.00 Tr; Grabau, M $2.23 Ref; Graham Tire $736.72 Various; Grainger.Com $1,143.02 Su; Grand Central IGA $19.05 Su; Great Amer Outdoor $28.85 Rep; Great Plains One-Call $373.47 Serv; Great Plains Safety $3,650.00 Serv; H & G Cleaners $264.67 Serv; H & H Distributors $1,598.90 Su; Hach $491.40 Rep; Hand, D $7.73 Ref; Hart, S $10.35 Tr; Hartman, M $47.72 Ref; Hastings Ent $12.35 Su; Hastings Fire $180.00 Tr; Hattens Electric $223.31 Su; Hertz $327.02 Tr; Highsmith $25.50 Su; Hilton Hotels $124.85 Tr; Hobby Lobby $126.80 Su; Hoehner Turf $6,720.00 SerHoliday Inn Express $891.04 Tr; Holmes Plbg $874.69 Various; Hornady $4,021.00 Su; Horner, C $15.56 Ref; Hotsy $42.18 Su; Hydro Cleaning Systems $1,025.00 Serv; I 80 Eppley Express $255.00 Tr; IBM $246.84 Su; ICMA $664.00 Dues; ICMA RC $3,040.97 Ded; ILEETA $45.00 Tr; Independence Care Underwriting $19,109.22 Ins; Inkjet Orders $122.00 Su; IRS $82,602.52 Ded; Int'l Personnel Mgmt $299.00 Su; Irrigation Design Assoc $1,790.83 Su; ISDN $14.95 Su; Jack Lederman $812.20 Su; Jack's Uniforms $4,144.10 Su; Jacobi's Carpet One $15.18 Su; James Publishing $59.99 Su; Jefferson Pilot Finance $1,757.01 Ins; Jesco Wholesale Electric $641.17 Su; Johnsen Corrosion $2,694.45 Serv; Johnson Hardware $45.00 Su; Johnson, A $84.65 Tr; JRs Western $30.00 Su; K&K $280.43 Various; K Mart $51.56 Su; Kahle, A $34.50 Tr; Ky Area Chamber of Commerce $35,854.92 Various; Ky Area Solid Waste Agency $59,322.50 Tipping Fees; Ky Area United Way $598.36 Ded; Ky Clinic $272.00 Serv; Ky Concrete $7,393.88 Various; Ky Hub $104.00 Serv; Ky Implement $756.80 Various; Ky WHSE $1,259.76 Su; Ky Winlectric $333.62 Rep; Ky WLE $100.36 Su; Ky WNE $163.36 Su; Ky Yamaha $134.77 Su; Kelley, M $256.24 Tr; Kelly Supply $122.75 Inv; Kendle, A $150.00 Purchase Space; Killion Motors $34.46 Various; Kirkwood, M $91.30 Tr; Kissell, D $40.00 Tr; Kjar, B $22.83 Ref; Koll, S $26.94 Ref; Kooyman, R $343.52 Various; Kosmicki, K $5.74 Ref; Kriha Fluid Power $90.69 Inv; Lakeland Engines $232.10 Inv; Laser Art Design $368.00 Various; Laughlin, K $360.00 Ded; Lawson Products $247.12 Various; Leach Camper of Lincoln $22.17 Inv; Lerner Publishing $1,497.61 Bks; Lindenstein's $227.50 Serv; Linweld $48.45 Su; Lisa's $56.00 Su; Little Ceasars $44.00 Su; Little Kings $174.51 Su; Lock & Safe of Ky $32.50 Serv; Lopez, A $2.73 Ref; Lorman Education $558.00 Su; Mail Express $6.54 Pstg; Manary, M $358.39 Tr; Marlatt Machine Shop $159.09 Various; Marshall Cavendish $200.52 Bks; Martinosky, M $67.40 Various; McCollister & Co $590.55 Inv; McKibben, C $171.50 Tr; MES-Snyder $544.50 Rep; Metropolitan Life $4,041.20 Ins; Midlands Contracting $251,799.40 Serv; Mid-NE Lubricants $2,918.30 Inv; Midway Chrysler Dodge $373.16 Inv; Midwest Turf $428.48 Various; Milco Environmental $2,493.15 Serv; Miller & Associates $5,132.75 Serv; Miller Signs $512.00 Various; Mosbarger, B $200.00 Ins; MPH Ind $96.48 Rep; Mr. Automotive $1,954.54 Various; Municipal Pipe Tool $2,000.00 Rep; Municipal Supply $1,426.50 Various; NAPA $1,550.15 Various; Nat'l Arbor Day $25.00 Dues; Nat'l Fire Protection $162.71 Su; Nat'l League of Cities $1,590.00 Dues; Nat'l Paper Supply $145.49 Su; Nat'l Waterworks $7,718.76 Various; Nature Watch $110.00 Su; NE Child Support $892.18 Ded; NE Cornhusker Chapter of SWANA $200.00 Tr; NE Dept of Agriculture $111.98 Su; NE Dept of Env Quality $7,500.00 Permit; NE Dept of Revenue $67,626.42 Taxes; NE Library Commission $6,155.00 Bks; NE Golf Association $890.00 Dues; NE Machinery $2.86 Inv; NE Truck Center $643.66 Inv; NE Wine & Spirits $49.12 Su; NEland Dist. $1,457.75 Su; NeRPA $170.00 Reg; Newman Signs $63.93 Inv; Nogg Chemicals $282.90 Inv; Noller Electric $4,689.30 Serv; North Central Library $6.50 Su; Northwest Electric $448.29 Su; Northwestern $2,839.57 Serv; Oceana Publishing $158.69 Bks; Office Depot $741.60 Various; Office Max $683.95 Su; Officenet $577.21 Su; Oken, C $8.24 Tr; Old Home Bakery $58.10 Su; Old Navy $74.44 Su; Old West Guns $60.00 Rep; Olsen, C $393.39 Tr; Olsson Associates $1,900.69 Serv; OMB Police Supply $578.91 Su; O'Reilly $480.97 Inv; Oriental Trading $142.72 Su; Orscheln Farm $461.93 Su; Paramount Linen $723.52 Various; Pat's Plumbing $289.00 Rep; Payflex Systems $395.25 Various; Paypal $475.00 Su; Pepperball Tech $549.96 Su; Peter, C $5.92 Ref; Pictorial Histories $18.95 Bks; Platte Valley Comm $203.75 Serv; Preferred Mail $392.36 Pstg; Presto-X $128.00 Rep; Public Resource Library Group $47.25 Tr; PVCK $5,667.71 Various; Radio Shack $79.28 Various; Reams Sprinkler $970.07 Su; Recorded Books $379.95 Bks; Recreonics $10.50 Su; Regional Books $23.70 Bks; Rich, T $917.95 Reim; Roggasch, M $15.00 Reim; Roper's Radiator $39.50 Su; Ross Engineering $10,898.46 Serv; Rossell, C $215.00 Rep; SA Foster Lumber $14.60 Various; Saathoff, J $85.33 Tr; Sagebrush $271.24 Bks; Sahling Kenworth $82.69 Various; Sam's Club $28.94 Bks; Sapp Bros $29.00 Su; Scholastic Library $185.31 Bks; School Dist #7 $1,160.59 Remittance; Schwan's  $1,146.31 Su; See Clear Cleaning $1,950.00 Serv; S-F Analytical Lab $665.00 Serv; Shell Oil $13.00 Tr; Sherman/Many-Mini Toys $274.84 Su; Sherwin Williams $114.96 Su; Shirt Shack $768.75 Su; Siebke, C $30.51 Ref; Simtech USA $149.95 Su; Smith, A $30.22 Ref; Smitty's Construction $500.00 Rep; Snap-On Tools $54.50 Su; Snider, C $11.00 Ref; Sonic Drive In $10.00 Su; Speed Stacks $21.71 Su; Sprint $188.11 Serv; State of NE DAS Communications $53.77 Serv; Steffensmeier, J $381.85 Tr; Steinbrinks Landscaping $287.71 Su; Stocker, K $10.35 Tr; T&B Cleaning $1,100.00 Serv; Target $54.04 Su; TC G Neil $83.34 Su; Terry's Platte Valley Glass $250.00 Rep; Thames, S $41.58 Ref; Thompson Gale $56.13 Bks; Thompson, L $90.00 Rep; Titleist $174.24 Inv; Tool Doctor $51.50 Various; Tractor-Supply $1,218.64 Various; Tri-City Outdoor Power $507.43 Various; U Save Foods $189.62 Various; UAP Pueblo $66.00 Inv; Union Oil $1,937.88 Inv; United Air $743.60 Tr; United Distillers $388.82 Su; United States Tennis Assoc $25.00 Dues; UPS $.55 Pstg; Upstart $16.21 Su; USPS $83.81 Pstg; U-Stop $15.00 Tr; Van Diest Supply $5,229.02 Various; Vessco $434.44 Su; Video Service of America $391.63 Serv; Village Uniform $126.32 Cla; Walmart $1,515.72 Various; Washington State Support $102.01 Ded; Weiss Ratings $195.95 Bks; Wellman, P $8.45 Cla; Wessels, W $245.78 Tr; Western Security $8,078.00 Serv; Wilcox, C $32.61 Ref; Wilke Donovans $206.01 Various; Wilson Doors $629.23 Su; Witt, C $1.20 Ref; Wolfe, B $31.39 Tr; WPCI $556.50 Serv; Xerox $356.25 Serv; Zimmerman Printers $327.15 Serv; Payroll Ending 08-21-2004 -- $260,819.80, and Payroll Ending 09-04-2004 -- $247,856.75.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve the application submitted by Susan Underhill to extend Conditional Use Permit No. 79-06 to locate a day care at 2803 Avenue I for a period of one year.

 

4.         Approve the application to conduct a parade submitted by the Kearney Chamber of Commerce for UNK Band Day to be held on September 25, 2004 beginning at 9:00 a.m. starting at Central Avenue and Railroad Street, north on Central Avenue to 27th Street, west on 27th Street and ending at the UNK Campus.  Parking will be banned on Central Avenue from North Railroad Street to 25th Street beginning at 1:00 a.m. on the morning of September 25.  The staging area to be closed beginning at 6:00 a.m. include Railroad Street from 4th Avenue to Avenue E, Avenue A from 21st Street to Railroad Street, and Avenues B, C and D from Railroad Street to 22nd Street, 3rd Avenue from Railroad Street to 22nd Street, and 1st Avenue from Railroad Street to 21st Street.  This request will also allow for the selling of refreshments during the parade.

 

5.         Approve the application for a Special Designated License submitted by DOUGLAS HOOS, dba “Tub’s 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 October 16, 2004 from 4:00 p.m. until 1:00 a.m. for a wedding reception and dance.

 

6.         Approve Change Order No. 1 showing an increase in the amount of $477.00, Application and Certificate for Payment No. 1 in the amount of $251,799.40 submitted by Midlands Contracting and approved by Ross Engineering for the 2004 Part V Improvements – Bid A consisting of Water District No. 2004-530 for 60th Street from 2nd Avenue to 1st Avenue, Water District No. 2004-531A for 1st Avenue from 60th Street to 65th Street, Water District No. 2004-532 for 65th Street from 2nd Avenue east a distance of 1,058 feet; Sewer District No. 2004-472 for 60th Street from 2nd Avenue to 1st Avenue, Sewer District No. 2004-473A for 1st Avenue from 60th Street to 65th Street, and Sewer District No. 2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet and approve Resolution No. 2004-161.

 

RESOLUTION NO. 2004-161

 

WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2004 Part V Improvements – Bid A consisting of Water District No. 2004-530 for 60th Street from 2nd Avenue to 1st Avenue, Water District No. 2004-531A for 1st Avenue from 60th Street to 65th Street, Water District No. 532 for 65th Street from 2nd Avenue east a distance of 1,058 feet; Sewer District No. 2004-472 for 60th Street from 2nd Avenue to 1st Avenue, Sewer District No. 2004-473A for 1st Avenue from 60th Street to 65th Street, and Sewer District No. 2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet, and the City's engineer, Ross Engineering, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $477.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Midlands Contracting, Inc. and Ross Engineering have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $251,799.40 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$265,725.00

     Change Order No. 1 (9-14-2004)

+      477.00

 

 

Contract Sum To Date

266,202.00

Gross Amount Due

265,052.00

Retainage

13,252.60

Amount Due to Date

251,799.40

Less Previous Certificates for Payment

              .00

 

 

Current Payment Due

$251,799.40

 

            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. 1, as shown on Exhibit “B” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

7.         Authorize the designation of Dan Lynch as Primary Agent and Michaelle Trembly as Secondary Agent to seek public assistance on behalf of the City of Kearney in accordance with the Nebraska Emergency Management Agency and approve Resolution No. 2004-162.

 

RESOLUTION NO. 2004-162

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that Dan Lynch, Chief of Police, is hereby designated as the Primary Agent and Michaelle Trembly, City Clerk, is hereby designated as the Secondary Agent in order to fulfill the requirements of the Nebraska Emergency Management Agency.

            BE IT FURTHER RESOLVED that the Chief of Police be and is hereby authorized and directed to execute for and in behalf of the City of Kearney, Nebraska established under the laws of the State of Nebraska, any necessary documents and to file them in the appropriate State office for the purpose of obtaining certain Federal/State financial assistance under the President’s Disaster Relief Fund (PL 93-288) as amended, and the Governor’s Emergency Fund (Section 81-829.42, R.R.S.).

            BE IT FURTHER RESOLVED that the City of Kearney, a public entity established under the laws of the State of Nebraska hereby authorizes its agent to provide to the State, all documents on matters pertaining to such disaster assistance as may be required.

            PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

8.         Approve Resolution No. 2004-163 allowing the City of Kearney to obtain contribution credits provided by the League Association of Risk Management and to extend the City of Kearney’s participation in the League Association of Risk Management through September 30, 2007.

 

RESOLUTION NO. 2004-163

 

WHEREAS, the League Association of Risk Management was established by municipalities for the benefit of municipal citizens; and

            WHEREAS, the City of Kearney, Nebraska is a member of the League Association of Risk Management (LARM) since July of 1995;

            WHEREAS, the League Association of Risk Management Pool continues to provide superior coverage and service at a savings to its members; and

            WHEREAS, the City of Kearney wants to continue receiving superior coverage and service at a savings through multi-year participation; and

            WHEREAS, Section 8.10 of the Interlocal Agreement for the Establishment and Operation of the League Association of Risk Management provides that a member may voluntarily terminate its participation in LARM by written notice of termination given to LARM and the Director of Insurance at least 90 days prior to the desired termination date and that members may agree to extend the required termination notice beyond 90 days in order to realize reduced excess coverage costs, stability of contribution rates, and efficiency in operation of LARM; and

            WHEREAS, the Board of Directors of LARM has adopted a plan to provide contribution credits in consideration of certain agreements by members of LARM as provided in a letter dated October 1, 2004, marked Exhibit “A” 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, that the City of Kearney, Nebraska agrees to extend its participation in the League Association of Risk Management through September 30, 2007.

            BE IT FURTHER RESOLVED by the President and Council of the City of Kearney, Nebraska that the governing body of Kearney, Nebraska, in consideration of the contribution credits provided under the LARM Board’s plan, agrees to provide written notice of termination at least 180 days prior to the desired termination date, which date shall be no sooner than September 30, 2007.

            PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

9.         Approve the application for a Special Designated License submitted by St. George Orthodox Church to dispense beer, wine and distilled spirits in the Exhibition Center at the Buffalo County Fairgrounds, 3807 Avenue N, on October 16, 1004 from 9:00 a.m. until 10:00 p.m. for a Mediterranean dinner fund raiser.

 

10.        Designate Wells Fargo Bank Nebraska, N.A. of Kearney; Platte Valley State Bank & Trust Company of Kearney; Kearney State Bank & Trust Company of Kearney; US Bank of Kearney; Nebraska National Bank of Kearney; Commercial Federal Bank of Kearney; TierOne Bank of Kearney; Five Points Bank of Kearney, and Geneva State Bank of Kearney as the City’s depositories for funds of the City of Kearney and approve Resolution No. 2004-164.

 

RESOLUTION NO. 2004-164

 

            WHEREAS, the Mayor and City Council have determined that it is appropriate and proper to designate various banks as depositories for funds of the City of Kearney.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that Wells Fargo Bank Nebraska, N.A. of Kearney, Platte Valley State Bank & Trust Company of Kearney, Kearney State Bank & Trust Company of Kearney, US Bank of Kearney, Nebraska National Bank of Kearney, Commercial Federal Bank of Kearney, TierOne Bank of Kearney, Five Points Bank of Kearney, and Geneva State Bank of Kearney be and are hereby designated as city depository banks.  However, such designation as a city depository shall not be exclusive and shall not be determined in any way to constitute a franchise to the exclusion of other designated depositories.

 BE IT FURTHER RESOLVED by the President and City Council of the City of Kearney, Nebraska that checks, drafts or other withdrawal orders issued against the funds of the City on deposit with said depositories be signed by any one of the following who now hold offices or positions with the City:

            G. Allen Johnson, City Manager

            Wendell R. Wessels, Director of Finance and Administration

            Nancy Roth, Accounting Technician

BE IT FURTHER RESOLVED that all resolutions and parts of resolutions in conflict herewith are hereby repealed and that Resolution No. 2004-48 is hereby specifically rescinded and repealed.

PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

11.        Approve the Agreement with The S.A.F.E. Center to block off the parking lot located north of the Museum of Nebraska Art on October 14, 2004 beginning at 4:00 p.m. until 10:00 p.m. for their 8th Annual Candlelight Vigil.

 

12.        Approve the application for a Special Designated License submitted by JUAN LAZO, dba “El Tropico” in connection with their Class B/M37623 Liquor License to dispense beer and distilled spirits in the Exposition Building located at the Buffalo County Fairgrounds, 3807 Avenue N on October 8, 2004 from 6:00 p.m. until 1:00 a.m. in connection with a Mexican dance subject to the City receiving the required the Certificate of Insurance.

 

13.        Authorize the Mayor to execute the Contract between the City of Kearney/ Kearney Municipal Airport Corporation and Beachner Construction Company in connection with the Crack Seal, Slurry Seal and Runway Marking for 18/36 Project and approve Resolution No. 2004-165.

 

RESOLUTION NO. 2004-165

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Mayor be and is hereby authorized and directed to execute the Contract Agreement for Project 03-31-0045-13 between the City of Kearney, Nebraska and Beachner Construction Company for the Crack Seal, Slurry Seal, and Runway Marking for 18/26 Project. A copy of the Contract Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

14.        Approve the Agreement between the City of Kearney and Crushers, Inc. for the crushing and removal of concrete at the Kearney Municipal Airport and approve Resolution No. 2004-166.

 

RESOLUTION NO. 2004-166

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Mayor be and is hereby authorized and directed to execute the Agreement between the City of Kearney, Nebraska and Crushers Inc. for the crushing and removal of concrete at the Kearney Municipal Airport. A copy of the Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

15.        Approve the Agreement with Betty Janes to use their sidewalk and to block off two parking spaces in front of their store, 2123 Central Avenue, from 7:00 a.m. September 17, 2004 until 6:00 p.m. September 18, 2004.

 

16.        Approve the request submitted by Linda Shaw on behalf of Uptown Art Festival to hang a banner across Central Avenue at the intersection of 22nd Street (alternate location 23rd Street) from September 26, 2004 until October 5, 2004.

 

17.        Consider the Agreement to Share Initial Costs to Investigate Creation of South Dakota Public Power Authority to investigate the negotiation and acquisition of Northwestern Gas Companies and approve Resolution No. 2004-167.

 

RESOLUTION NO. 2004-167

 

            WHEREAS, Northwestern Corporation is a franchised gas provider operating in the City of Kearney, Nebraska and

            WHEREAS, on September 14, 2003, Northwestern Corporation filed for Bankruptcy under Chapter 11 and

            WHEREAS, Northwestern Corporation may emerge from Bankruptcy as early as November of 2004, under the direction and management of a Board constituted primarily of representatives of the creditors of the company, and

            WHEREAS, a number of cities and Public Power entities in South Dakota also served by Northwestern have expressed an interest in jointly attempting to:

(1)      Evaluate the business and assets of Northwestern Corporation

(2)      Investigate the feasibility of acquiring and developing the assets held by Northwestern

(3)      Investigate and consider the creation of a South Dakota Public Power Authority to own and operate the system

(4)      Investigate and secure the right for each member to acquire the Northwestern facilities existing in their respective city, and

            WHEREAS, the various South Dakota municipalities, along with the Missouri River Energy Services and Heartland Consumers Power District, have entered into an “Agreement To Share Initial Costs To Investigate Creation Of South Dakota Public Power Authority”, requiring an initial investigation and study for the aforesaid purposes, a copy of which Agreement, marked Exhibit #1, is attached hereto and made a part hereof, and

            WHEREAS, the said South Dakota parties have invited the Nebraska cities of Kearney, Grand Island, and North Platte to join in the Agreement as set forth in Addendum No. 2 to the Agreement, a copy of which is attached hereto and made a part hereof, and

            WHEREAS, the City Council hereby finds and determines it is in the best interests of the City of Kearney to consider joining with other Nebraska and South Dakota municipalities and public power entities in conducting such an investigation and study of the Northwestern Gas system for the aforestated purposes.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City Manager be and is hereby authorized in concert with the cities of North Platte and Grand Island, to review, assess, and, if required, negotiate appropriate additional or amended terms, conditions, and provisions of the said Agreement, and subject to any changes or amendments required by the City Manager, to execute Addendum No. 2 to Agreement To Share Initial Costs To Investigate Creation Of South Dakota Public Power Authority for and on behalf of the City of Kearney, Nebraska.

            PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

18.        Approve the Application for two Special Designated Licenses submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” to dispense beer, wine and distilled spirits at the Kearney Events Center, 609 Platte Road, on September 24, 25, October 8 and 9, 2004 from 5:00 p.m. until 1:00 a.m.

 

19.        Authorize the City Manager to work with Grand Island and North Platte to formulate an Interlocal Cooperation Agreement to jointly review, analyze, assess and consider the City’s participation in the proposed feasibility study and/or subsequent formation of a South Dakota Public Power Authority and approve Resolution No. 2004-173.

 

 

RESOLUTION NO. 2004-173

 

WHEREAS, representative of the cities of Kearney, Grand Island and North Platte, in addition to representatives of Nebraska Municipal Power Pool and other interested entities have commenced initial efforts to review and consider the terms, conditions and provisions of an “Agreement To Share The Initial Cost To Investigate Creation Of South Dakota Public Power Authority” presented to the said cities by various cities and public power entities in South Dakota, and

WHEREAS, the management staff of the three Nebraska cities believe that it would be in the best interest of the citizens of those cities to work cooperatively to review, analyze and consider the ramifications and requirements of the proposed Agreement, and to ensure that the citizens of Nebraska cities served by Northwestern Corporation continue to be served in the best manner possible,

NOW THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized and directed to continue working with Grand Island and North Platte to formulate an Interlocal Cooperation Agreement appropriate to the three parties needs, in order to jointly cooperate in reviewing, analyzing, assessing and considering the City’s participation in the proposed feasibility study and/or subsequent formation of a South Dakota Public Power Authority for the purpose of ultimately acquiring and operating the gas service systems currently existing in the cities of Kearney, Grand Island and North Platte.  The City Manager will present any proposed Interlocal Cooperation Agreement to the City Council for approval and execution.

PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.

                                                                                                                                   

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX‑OFFICIO MAYOR

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7112 – REZONING EAST OF 3003 CENTRAL AVENUE

 

Council Member Kearney introduced Ordinance No. 7112, being Subsection 1 of Agenda Item VI to rezone from “District R-2, Urban Residential Mixed-Density District” to “District C-O, Office District” property described  as Lot 506, Southwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska (east of 3003 Central 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 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. 7112 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. 7112 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. 7112 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. 7113 – VACATE PORTION OF BRANDT’S LAKEWOOD 7TH SUBDIVISION

 

Council Member Kearney introduced Ordinance No. 7113, being Subsection 2 of Agenda Item VI to vacate Lot 3 of Block 2, Brandt’s Lakewood 7th Subdivision, a subdivision being part of accretions to Government Lot 2 in Section 23, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (west of Cherrywood Street and north of W Road), 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. 7113 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. 7113 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. 7113 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. 7114 – REZONING WEST OF CHERRYWOOD STREET AND NORTH OF W ROAD

 

Council Member Kearney introduced Ordinance No. 7114, being Subsection 3 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District RR-2, Rural Residential District (Intermediate Standards)” property described as being part of Government Lot 3 and accretions abutting said Government Lot located in Section 23, Township 8 North, Range 16 West of the 6th P.M., containing 1.93 acres, more or less, Kearney County, Nebraska (west of Cherrywood Street and north of W Road), 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. 7114 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. 7114 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. 7114 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 – BRANDT’S LAKEWOOD ESTATES

 

Mayor Blankenship opened for discussion the application submitted by Ron Ridgway (Applicant) for James Gregory and Tamara S. Brandt (Owner) for Final Plat approval of “BRANDT’S LAKEWOOD ESTATES”, said property described as a tract of land being Government Lot 2, part of Government Lot 3 and accretions abutting said lots, and Lot 2 of Block 2, Brandt’s Lakewood 7th Subdivision, all located in Section 23, Township 8 North, Range 16 West of the 6th P.M., Kearney County, Nebraska (west of Cherrywood Street and north of W Road) and to consider approval of Resolution No. 2004-168. Planning Commission recommended approval with a notation that the building is nonconforming and that it cannot be rebuilt at that site.

 

Ron Ridgway from Miller & Associates presented this matter to the Council. This is a one lot (approximately 10 acres) subdivision south of the river.  There is an existing house and several existing buildings on the site.  On the southwest corner there is a garage that does not conform to the 50-foot setback required for this zoning.  There has been a notation made on the final plat that the building would have to be moved if it were ever altered or damaged. 

 

Moved by Kearney seconded by Clouse to approve the application submitted by Ron Ridgway (Applicant) for James Gregory and Tamara S. Brandt (Owner) for Final Plat approval of “BRANDT’S LAKEWOOD ESTATES”, said property described as a tract of land being Government Lot 2, part of Government Lot 3 and accretions abutting said lots, and Lot 2 of Block 2, Brandt’s Lakewood 7th Subdivision, all located in Section 23, Township 8 North, Range 16 West of the 6th P.M., Kearney County, Nebraska (west of Cherrywood Street and north of W Road) and approve Resolution No. 2004-168 subject to a notation on the final plat that if the nonconforming building goes away for any reason, any new accessory building must comply with setbacks and all other development standards in place at that time.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-168

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “BRANDT’S LAKEWOOD ESTATES” a subdivision being part of Government Lot 2, part of Government Lot 3 and accretions abutting said lots, and Lot 2 of Block 2, Brandt’s Lakewood 7th Subdivision, all located in Section 23, Township 8 North, Range 16 West of the 6th P.M., Kearney County, Nebraska, and in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) be accepted subject to a notation on the final plat that if the nonconforming building goes away for any reason, any new accessory building must comply with setbacks and all other development standards in place at that time, and ordered filed and recorded in the Office of the Register of Deeds, Kearney County, Nebraska.

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 14TH DAY OF SEPTEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ORDINANCE NO. 7115 – AMEND SECTION 59-103 “CONDITIONAL USE PERMIT PROCEDURE”

 

Council Member Buschkoetter introduced Ordinance No. 7115, being Subsection 5 of Agenda Item VI to amend Section 59-103 “Conditional Use Permit Procedure” of Chapter 59 “Administration and Procedures” of the Unified Land Development Ordinance, being a part of the Kearney City Code to require a public hearing before the Planning Commission and after such hearing a report shall be submitted to the City Council who will then hold a public hearing providing for public review and discretionary City Council approval for all Conditional Use Permits, 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 Blankenship 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, Clouse, Kearney, Buschkoetter, Hadley.  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. 7115 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 7115 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7115 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. 7116 – ADOPT 2004-2005 BUDGET

 

Council Member Buschkoetter introduced Ordinance No. 7116, being Subsection 6 of Agenda Item VI to adopt the City of Kearney Budget Statement to be termed the Annual Appropriation Bill and to appropriate sums for necessary expenses and liabilities, 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 Blankenship 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, Clouse, Kearney, Buschkoetter, Hadley.  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. 7116 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 7116 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7116 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.

 

INCREASE BUDGET AUTHORITY BY ADDITIONAL ONE PERCENT

 

Mayor Blankenship opened for discussion Resolution No. 2004-169 allowing the City of Kearney to increase its “Budget Authority” by an additional one percent or $60,246.29 which will be carried over to the 2005-2006 budget as “Unused Budget Authority”.

 

Director of Finance and Administration Wendell Wessels presented this matter to the Council. On April 2, 1998, the Nebraska Legislature enacted LB 989, which provides for a new overall budget limitation on certain restricted funds.  LB 989 imposes a limitation on the growth of certain restricted funds of 2½% plus a factor for growth, if any.  Additionally, the 2½% limitation may be exceeded by an additional 1% upon an affirmative vote of at least 75% of the governing body.

 

Although the City of Kearney does not need the additional 1% allowed under LB 989 for the 2004-2005 Budget, however, passage of Resolution No. 2004-169 will allow the City to increase its “Budget Authority” by $60,246.29.  The $60,246.29 of additional “Budget Authority” will not be used in the 2004-2005 budget; however, the $60,246.29 of additional “Budget Authority” will be carried over to the 2005-2006 budget as “Unused Budget Authority” and will then be available for the 2005-2006 budget, if needed.

 

Pursuant to the Nebraska Budget Act (State Statute 13-519.3), the City of Kearney may exceed the base limitation of 2½% by an additional one percent upon the affirmative vote of at least seventy-five percent of the City Council.

 

Upon the affirmative vote of at least seventy-five percent of the City Council, the City will have the authority to exceed its base limitation of 2½% by an additional 1%.  The additional one percent will give the City an additional $60,246.29 in “Budget Authority”.

 

Moved by Kearney seconded by Clouse to approve Resolution No. 2004-169 allowing the City of Kearney to increase its “Budget Authority” by an additional one percent or $60,246.29, which will be carried over to the 2005-2006 budget as “Unused Budget Authority”.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-169

 

            WHEREAS, on April 2, 1998 the Nebraska Legislature passed and approved LB 989 which imposes a two and one half percent lid on certain restricted funds for local governments; and

            WHEREAS, Neb. Rev. Stat. Section 13-519.03, (R.R.S. 1943), as amended, allows governmental units to exceed the two and one half percent limit as provided in Neb. Rev. Stat. Section 13-519.01, (R.R.S. 1943), as amended, by up to an additional one percent upon the affirmative vote of at least seventy-five percent of the governing body; and

            WHEREAS, the mayor and City Council of the City of Kearney Nebraska hereby finds and determines that it is in the best interests of the City of Kearney that the City of Kearney exceed the limit as provided in Neb. Rev. Stat. Section 13-519.01, (R.R.S. 1943), as amended, by an additional one percent as allowed pursuant to Neb. Rev. Stat. Section 13-519.03, (R.R.S. 1943), as amended.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that the City of Kearney exceed the limit as provided in Neb. Rev. Stat. Section 13-519.03, (R.R.S. 1943), as amended, by an additional one percent.

            BE IT FURTHER RESOLVED that all ordinances and resolutions or parts if ordinances and resolutions in conflict herewith are hereby repealed.

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect October 1, 2004, and shall be published in pamphlet form.

            PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ORDINANCE NO. 7117 – SALARY ORDINANCE

 

Director of Finance and Administration Wendell Wessels presented this matter to the Council. Ordinance No. 7117 will repeal Ordinance No. 6991 (2003-2004 Annual Personnel Ordinance); classify the officers and employees of the City; fix the ranges of compensation of such officers and employees; establish the hours and work period for overtime eligibility; provide for payments of clothing and/or uniform allowances; and provide for the payments of vehicle allowances.

 

Ordinance No. 7117 includes all the job classifications, pay grades and ranges of compensation that are included in the City of Kearney 2004-2005 Pay Policy.  Additionally, various employee benefits as discussed above have been included in the ordinance.  Passage of the Personnel Ordinance is done on an annual basis in conjunction with the budget process.

 

Ordinance No. 7117 is required pursuant to Neb. Rev. Stat. Section 16-502, which mandates that the governing bodies of First Class Cities specifically appropriate all personnel expenditures in ordinance form.

 

Council Member Clouse introduced Ordinance No. 7117, being Subsection 8 of Agenda Item VI to repeal Ordinance No. 6991 and classify the officers and employees of the City; fix the ranges of compensation of such officers and employees; establish the hours and work period for overtime eligibility; provide for payments of clothing and/or uniform allowances; and provide for payment of vehicle allowance, 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 Hadley 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. 7117 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 Hadley seconded by Buschkoetter that Ordinance No. 7117 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. 7117 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.

 

RECOMMENDATION FROM KENO COMMITTEE

 

Mayor Blankenship opened for discussion the recommendation submitted by the Keno Committee on the allocation on non-departmental keno funds designed for outside agencies.

 

Assistant City Manager John Prescott presented this matter to the Council. Over the summer, City Administration met with Keno Application Advisory Committee.  The same committee has met for many years to review and make recommendations to the Kearney City Council on the Keno applications.  The four citizens have been involved with groups such as the United Way, Kearney Area Community Foundation and other local charities over the years. They make recommendations to the City Council on the ten percent of Keno awards that can be awarded to non-City applications. 

 

The following is a list of the applications that were submitted to the City for keno grant consideration. 

 

Applicant

Amount

Requested

Committee

Recommendation

Kearney Public Library

700.00

700.00

Kearney Public Library

850.00

850.00

Family Resource Council

900.00

0.00

Kearney Downtown Center Association

1,400.00

1,400.00

United Way of the Kearney Area

1,500.00

0.00

United Way of the Kearney Area

1,800.00

1,800.00

Central Health Center, Inc.

2,100.00

1,550.00

Great Platte River Road Memorial Foundation

2,450.00

0.00

Kearney Area Chamber Technology Committee

2,500.00

0.00

Buffalo County Historical Society

2,675.00

0.00

The S.A.F.E. Center

2,234.00

1,370.00

Buffalo County Community Partners

3,381.00

2,096.00

Peer Health Education

3,446.00

1,699.00

Kearney Area Chamber of Commerce

4,000.00

0.00

I Believe In Me Ranch

5,000.00

0.00

Children Are the Future

5,000.00

0.00

Kearney Area Chamber Commerce Committee

5,000.00

2,000.00

Buffalo County Cooperative Extension

8,000.00

4,000.00

Kearney Neighborhood Association/City Park & Rec

8,406.00

2,755.00

Kearney Women’s Club

9,680.00

0.00

Kearney Area Children’s Museum

10,000.00

0.00

City of Kearney Administration

199,985.00

199,985.00

 

The Keno Committee reviewed and evaluated each of the Keno grant applications.  The Committee spent a considerable amount of time discussing their understanding of the applications and various factors related to awarding an application.  During the course of their meeting a couple of applicants were contacted to clarify information in their application.  While the Committee believed some projects were very worthy they did not fit the program guidelines and were not recommended for funding.  The group formulated recommendations on awarding funding for at least a portion of nine of the nineteen non-City applications that were received.  The Committee also recommended funding for two Library applications

 

Moved by Buschkoetter seconded by Blankenship to approve the recommendation submitted by the Keno Committee on the allocation on non-departmental keno funds designed for outside agencies.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

ADOPT 2005-2010 LONG RANGE GOALS

 

Mayor Blankenship opened for discussion the adoption of the City of Kearney 2005-2010 Long Range Goals.

 

Assistant City Manager John Prescott presented this matter to the Council. The City of Kearney annually prepares and updates Long Range Goals.  A variety of sources are utilized to generate the goals.  City Council suggestions, citizen comments, Department Heads and employees ideas as well as needs identified by consultants are a few of the sources.  Federal or state mandates may also generate goals that the City has to meet.  All of this information is reviewed and the Long Range Goals are then prepared and presented to the City Council.  The goals were presented at a retreat held at the Utilities Building Conference Room on April 22, 2004.

 

Development of the goals is one of the first steps in preparing the budget that is on this City Council agenda.  The goals represent the projects that the City of Kearney would like to complete.  With these projects in mind, the budget document is developed.  In the end it is not possible to fund all of the projects included in the Goals document.

 

Moved by Blankenship seconded by Kearney to adopt the City of Kearney 2005-2010 Long Range Goals.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

ORDINANCE NO. 7118 – VACATE ALLEY AND PORTION OF 9TH STREET

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. The applicants, Todd and Cheryl Thurston, Dale Steinhauser, Janice Hankey, Julie Wiese, George Stutzman, and Larry Anderson are requesting vacation of the 20-foot alley located between Avenue A and Avenue B from the north side of vacated 9th Street to 8th Street.  Also included is the 20-foot strip of 9th Street where the alley intersects and crosses 9th Street. 

 

The lot owners on this block would like to vacate the remainder of the alley as the part of the alley north of 9th Street was previously vacated.  Where the alley crosses 9th Street was not previously vacated and is included in this vacation request.  In addition, 9th Street between Avenue A and Avenue B and 17 feet of Avenue A and 17 feet of Avenue B as they abut this block have been vacated.  The utility companies have reviewed this request and approved the alley vacation subject to retention, reservation and saving of the utility easement that corresponds to the alley alignment.

 

Council Member Kearney introduced Ordinance No. 7118, being Subsection 11 of Agenda Item VI to vacate the 20-foot wide alley lying between Avenue A and Avenue B from the south line of 8th Street to the south line of 9th Street as it abuts Lots 185 through 196, inclusive, South Kearney Addition to the City of Kearney, Buffalo County, Nebraska subject to retention, reservation and saving of the utility easement that corresponds to the alley alignment, 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. 7118 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. 7118 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. 7118 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. 7119 – AMEND SECTION 7-310 “SALE OF LOTS; PURCHASE PRICE”

 

Director of Park & Recreation presented this matter to the Council. Cemetery rates need to be adjusted on a regular basis to keep up with the increasing cost of the maintenance.  The last increase in the cemetery rates was in the fall of 2002. 

 

A study was done of other area city cemeteries and their charges are listed below.  In looking at the comparisons, the proposed new rates are still below the rates of the cemeteries in our area.

 

CEMETERY

ADULT

OPEN/CLOSE

CREMATION OPEN/CLOSE

ADULT

SPACE

Hastings (10/1/2004)

$450.00

$225.00

$475.00

Grand Island Municipal (10/1/2004)

$450.00

$100.00

$450.00

Grand Island Westlawn (Current)

$820.00

$495.00

$535.00-$685

North Platte (10/1/2004)

$610.00

$185.00

$800.00

New Kearney Rate

$400.00

$200.00

$425.00  Old Area

$475.00  New Area

 

 

 

 

 

 

 

 

 

 

 

The following are the changes being considered for the Kearney Cemetery:

 

 

Old Rate

New Rate

County Opening

$375.00

$400.00

Disinterment

$475.00

$500.00

Grave Opening-Adult

$375.00

$400.00

Grave Opening-Cremation

$175.00

$200.00

Grave Space

$400.00

$425.00

Space in New Addition

$450.00

$475.00

 

Director of Park & Recreation Neal Lewis stated that periodically the cemetery rates are checked because the cemetery has some significant costs to it.  They started with some of the perpetual care money and have been able to put some back into that account.  By keeping the rates up, it helps keep their tax asking at a minimum.  In checking, Kearney is still below most of the other municipalities around.  Cemetery Superintendent Steve Baye has a good relationship with the businesses involved out there. With the quality of the cemetery they do not anticipate any complaints about the increase.

 

Council Member Hadley introduced Ordinance No. 7119, being Subsection 12 of Agenda Item VI to amend Section 7-301 “Sale of Lots; Purchase Price” of Article 3 “Cemeteries” of Chapter 7 “Park and Recreation” of the Kearney City Code to adjust the fees accordingly, 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, 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. 7119 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 Buschkoetter seconded by Blankenship that Ordinance No. 7119 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. 7119 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.

 

AWARD BID FOR PEDESTRIAN BRIDGE NEAR THE ARCHWAY MONUMENT

 

Mayor Blankenship opened for discussion the bids received for the construction of the Cottonmill Trail Pedestrian Bridge to be located near the Archway Monument and to consider approval of Resolution No. 2004-170 awarding the bid to Wilke Contracting in the amount of $258,165.15.

 

Director of Park & Recreation presented this matter to the Council. In the third phase of the Cottonmill Trail project, a historical bridge was to be constructed from the trail to the Archway Monument. Bids on the construction of the bridge were opened on September 3, 2004.

 

Two bids were opened. One was under the engineer’s estimate; the other exceeded the estimate of $284,000.00. The bids received were: Wilke Contracting Corporation - $258,165.15 and Midlands Contracting, Inc. - $308,779.15.  The City is anticipating bringing forward a change order that will bring the cost of the bridge in line with the budgeted amount.

 

Administration believes that it can significantly reduce the project cost without changing the integrity of the bridge. Additional funds from the park development account would be re-prioritized to cover any remaining difference.

 

Director of Park & Recreation Neal Lewis stated this is the historical bridge that the City purchased for $1.00.  The City received some additional funding from the State.  Originally, this was the icing that the Archway secured for the roadway enhancements and that the City wanted for the trail.  Although this has been a little more expensive than originally planned, a lot of the money was secured from federal dollars and the City’s part was 20 percent of the original amount.  The bid came in higher than anticipated, but lower than the Engineer’s Estimate.  Wilke Contracting are local people and very willing to work with the City to get the amount reduced about $15,000 - $16,000.  The bid is about $30,000 over the amount that was actually allocated for this project.  Once all the figures are worked out, the project will be brought back with a change order to present the exact cost before starting.  They want to start the bridge project this fall and get it done this winter, which will finish Phase III of the Trail.

 

Moved by Blankenship seconded by Kearney to approve the bids received for the construction of the Cottonmill Trail Pedestrian Bridge to be located near the Archway Monument and approve Resolution No. 2004-170 awarding the bid to Wilke Contracting in the amount of $258,165.15.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-170

 

            WHEREAS, Kirkham Michael Consulting Engineers and the City of Kearney have reviewed the sealed bids which were opened on September 3, 2004, at 2:00 p.m. for the construction of the Cottonmill Trail Pedestrian Bridge to be located near the Archway Monument; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $284,000.00; and

WHEREAS, Administration recommends accepting the bid submitted by Wilke Contracting of Kearney, Nebraska subject to the City receiving a change order decreasing the amount of the contract to bring the contract amount in line with the available City funds; and further, that no construction shall begin until such time as the change order is approved by the City Council.

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Wilke Contracting of Kearney, Nebraska be and is the lowest responsible bidder for the construction of the Cottonmill Trail Pedestrian Bridge to be located near the Archway Monument to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Wilke Contracting of Kearney, Nebraska in the sum of $258,165.15 be and is hereby accepted subject to the City receiving a change order decreasing the amount of the contract to bring the contract amount in line with the available City funds; and further, that no construction shall begin until such time as the change order is approved by the City Council.

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

            PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

AWARD BID FOR 2004 PART IV IMPROVEMENTS

 

Mayor Blankenship opened for discussion the bids received 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 to consider approval of Resolution No. 2004-171 awarding the bid to Paulsen, Inc. in the amount of $313,132.75.

 

Matt Krajewski from Kirkham Michael Consulting Engineers presented this matter to the Council. At the August 10, 2004 Council meeting, the City Council approved the plans and specifications for the 2004 Part IV Improvements which consisted of Paving Improvement District No. 2003-872 for North Railroad Street from Central Avenue to Avenue B.

 

Sealed bids for the 2004 Part IV Improvements were received on Tuesday, September 7, 2004.  One bid was received from Paulsen, Inc. of Cozad, Nebraska in the amount of $313,132.75. The Engineer’s Opinion of Probable Construction Cost was $406,271.50. The low bid from Paulsen, Inc. is 23% below the Engineer’s Opinion of Probable Construction Cost.

 

Moved by Kearney seconded by Clouse to approve the bids received 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 approve Resolution No. 2004-171 awarding the bid to Paulsen, Inc. in the amount of $313,132.75.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-171

 

            WHEREAS, Kirkham Michael Consulting Engineers and the City of Kearney have reviewed the sealed bids which were opened on September 2, 2004, at 2:00 p.m. 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

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $406,271.50; and

WHEREAS, the said engineers have recommended the bid offered by Paulsen Inc. of Cozad, Nebraska in the sum of $313,132.75 be accepted as the lowest responsible bids.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Paulsen Inc. of Cozad, Nebraska be and is the lowest responsible bidder for the 2004 Part IV Improvements consisting of Paving Improvement District No. 2003-872 for North Railroad Street from Central Avenue to Avenue B, to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Paulsen Inc. of Cozad, Nebraska in the sum of $313,132.75 be and is hereby accepted for the project.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2004 Part IV Improvements for in the amount of $406,271.50 be and is hereby accepted.

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

            PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

AWARD BID FOR 2004 PART VII IMPROVEMENTS

 

Mayor Blankenship opened for discussion the bids received 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 to consider approval of Resolution No. 2004-172 awarding the bid to Starostka Group Unlimited Inc. in the amount of $472,731.38 for Bid A (Water and Sewer Districts) and to Blessing LLC in the amount of $202,301.00 for Bid B (Paving Districts).

 

At the July 13, 2004 Council meeting the Council created several water, sewer and paving districts for Southeast Kearney.  At the August 10, 2004 Council meeting two of the water connection districts and two of the sewer connection districts were amended because incorrect lot numbers were used on the exhibits.  Also, at the August 10, 2004 Council meeting the Council approved the plans and specifications and set September 7, 2004 as the bid opening date.

 

The districts included in the 2004 Part VII Improvements 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 are also included in the 2004 Part VII Improvements project, 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 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.

 

On September 7, 2004 sealed bids were received for the 2004 Part VII Improvements.  Five bids were received, two bids for Bid A, the water and sewer work, and three bids for Bid B, the paving.  Starostka Group Unlimited submitted the low bid for Bid A, the water and sewer portion of the work, in the amount of $472,731.38.  Blessing LLC submitted the low bid for Bid B, the paving portion of the work, in the amount of $202,301.00.

 

Miller & Associates, the City’s Engineer, has prepared a bid tabulation sheet and submitted a letter recommending award for review. The water and sewer bid submitted by Starostka Group Unlimited is $199,890.62 below the engineers estimate and the money to pay for this work has been included in the Utilities Department Budget for 2004-2005. The paving bid submitted by Blessing LLC is $40,223.50 below the engineers estimate and the money to pay for this work has been included in the Public Works Budget for 2004-2005.

 

The work needs to be constructed in order to provide water and sewer service to an area of Southeast Kearney, to allow development of a planned duplex housing development to continue in Southeast Kearney and to replace an old deteriorated water main on 4th Avenue between 22nd Street and 23rd Street.

 

Jeff Peterson from Miller & Associates was present to answer any questions from the Council.

 

Moved by Clouse seconded by Hadley to approve the bids received 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 approve Resolution No. 2004-172 awarding the bid to Starostka Group Unlimited Inc. in the amount of $472,731.38 for Bid A (Water and Sewer Districts) and to Blessing LLC in the amount of $202,301.00 for Bid B (Paving Districts).  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-172

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on September 7, 2004, at 2:00 p.m. 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

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for Bid A (Water and Sewer Districts) was $672,623.50 and for Bid B (Paving Districts) was $242,524.50; and

WHEREAS, the said engineers have recommended the bid offered by Starostka Group Unlimited of Grand Island, Nebraska in the sum of $472,731.38 for Bid A (Water and Sewer), and Blessing LLC of Kearney, Nebraska in the sum of $202,301.00 for Bid B (Paving) be accepted as the lowest responsible bids.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Starostka Group Unlimited of Grand Island, Nebraska be and is the lowest responsible bidder for the 2004 Part VII Improvements consisting of 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 to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Starostka Group Unlimited of Grand Island, Nebraska in the sum of $472,731.38 be and is hereby accepted for Bid A (Water and Sewer Districts).

            BE IT FURTHER RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Blessing LLC of Kearney, Nebraska be and is the lowest responsible bidder 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, to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Blessing LLC of Kearney, Nebraska in the sum of $202,301.00 be and is hereby accepted for Bid B (Paving Districts).

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2004 Part VII Improvements for Bid A (Water and Sewer Districts) in the amount of $672,623.50 and for Bid B (Paving Districts) in the amount of $242,524.50 be and is hereby accepted.

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

            PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

OPEN ACCOUNT CLAIMS         NPPD -- $2,905.87

                                                WARD LABORATORIES - $84.00

 

Moved by Hadley seconded by Buschkoetter that Open Account Claims in the amount of $2,905.87 payable to NPPD and in the amount of $84.00 to Ward Laboratories be allowed.  Roll call resulted as follows:  Aye: Buschkoetter, Hadley, Kearney.  Nay: None.  Blankenship and Clouse abstained.  Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Blankenship that Council adjourn at 9:19 p.m.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

                                                                                    BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK