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Kearney, Nebraska

November 9, 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 November 9, 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: Lynn Frederickson, Justin Blivens, Jerry Idt, Dave Mead, Alan Roesler, Chris Wissing, Davin Jones, 7 students from UNK, Mike Konz from Kearney Hub, Mike Cahill from KKPR Radio.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

The Council held a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Alex Kalbo, John O’Keefe, Jack Hyde and Joel Keifer led the Council members and audience in the Pledge of Allegiance.

 

PROCLAMATION – HIRE A VETERAN MONTH

 

Mayor Blankenship presented a Proclamation to Justin Blivens proclaiming November as “Hire a Veteran Month”.  Lynn Fredrickson stated that her main job is to help veterans find jobs.  This community has strongly supported these efforts.  She stated there is now a national website www.hireavet.gov.  People can also contact her with any needs that they have at the Nebraska Workforce Development office in Kearney.  She expressed her appreciation for everyone’s support. 

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING – 223 WEST 31ST STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by Nebraska National Bank (Applicant) and Raleigh L. Nott (Owner) to rezone from “District R-2, Urban Residential Mixed-Density District” to “District UC, Mixed Use Urban Corridor District” property described as Lot 7 of Block 14, Perkins & Harford’s Addition to the City of Kearney, Buffalo County, Nebraska (223 West 31st Street). Planning Commission recommended approval.

 

Nebraska National Bank is requesting rezoning of a residential lot west of the existing bank property, Lot 7 of Block 14, Perkins and Harford’s Addition.  This lot is located at the corner of 31st Street and 3rd Avenue.  The rezoning request is from District R-2 to District UC, Mixed-Use Urban Corridor.  This rezoning request complements the rezoning that was approved by the City Council last month for the two adjacent lots between the bank and the subject property.  You will recall those two lots, Lots 8 and 9 of Block 14, Perkins and Harford’s Addition, were approved for UC zoning.  The rezoning request is in conformance with the Land Use Map of the City of Kearney Comprehensive Development Plan.  “Urban Corridor” land use extends west from 2nd Avenue for a depth of three lots to 3rd Avenue in this area of the city.

 

The purpose of this rezoning request is for expansion of the Nebraska National Bank property.  A building addition and additional parking are proposed.  The existing residential dwellings will be removed from the lot in question as well as the two lots that were previously rezoned to allow room for the bank expansion.

 

Doug King from Nebraska National Bank presented this matter to the Council. He stated this request is to rezone another lot just purchased on the west side of the block.  The surrounding property was rezoned at an earlier Council meeting and this would complete the south half of the block to the west of the present bank building.

 

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 Nebraska National Bank (Applicant) and Raleigh L. Nott (Owner) to rezone from “District R-2, Urban Residential Mixed-Density District” to “District UC, Mixed Use Urban Corridor District” property described as Lot 7 of Block 14, Perkins & Harford’s Addition to the City of Kearney, Buffalo County, Nebraska (223 West 31st Street).  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

DEVELOPMENT PLAN APPROVAL – 3904 4TH AVENUE

 

Mayor Blankenship opened the public hearing on the Application submitted by Chris Wissing (Applicant) and Johnson Imperial Home Co. (Owner) for Planned District Development Plan Approval for the construction of a retail sales facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 2, Windsor Estates Eighth Addition to the City of Kearney, Buffalo County, Nebraska (3906 4th Avenue) and to consider approval of Resolution No. 2004-205. Planning Commission recommended approval.

 

Council member Buschkoetter vacated his chair and abstained from discussion and voting on this matter for the reason his spouse is employed by the Goodwill Store.

 

The Goodwill facility is requesting approval of Development Plans for expansion of their existing facility located at 3906 4th Avenue.  The project includes a 4,115 square foot building addition onto the existing 7,484 square feet of floor area.  The property is zoned C-2/PD.

 

The layout of the building addition and supporting site improvements appear to be functional.  The drive on the west side of the building at 32 feet in width seems excessively wide.  The additional width is required at the ends of the drive for truck maneuvering, but perhaps the drive could be tapered in the middle to provide for additional green space on the west side.  There was a good deal of discussion regarding this issue at the Planning Commission hearing.  The applicant is going to investigate the possibility of adding some green space but it is imperative that enough room be allowed for maneuvering of large trucks.  Since the developer has no control over the size of truck that may need to access the truck dock, they are trying to design the layout as conservatively as possible.

 

There are 14 trees and 56 shrubs shown on the landscape plan which is adequate, with the exception that no trees are shown in the parking lot islands.  Trees will be added in the parking lot to meet the intent of Chapter 48 “Landscaping” of the Unified Land Development Ordinance prior to the City Council hearing.  The impervious coverage falls within allowable limits at 76.9% of a maximum of 80%.  56 parking stalls are provided while only 47 are required.  Stormwater will be routed to the existing detention cell behind K-Mart.  The building construction materials and architectural style of the proposed addition will match that of the existing building.

 

Chris Wissing from Johnson Imperial Homes presented this matter to the Council. He stated that Johnson Imperial Homes actually owns this building and leases it to Goodwill Industries.  The addition will be to the west of the existing Goodwill Store next to the Kearney Eye Institute. 

 

Council member Clouse stated that earlier a citizen had contacted him about a trash issue and they raised some concerns that this expansion would create some blowing trash, etc.  Mr. Wissing replied that the dumpsters on the corner of 4th Avenue have been moved and there is now a compactor in the back of the building.  The City does not pick up on the corner anymore where the trash was being piled.  The expansion will have no bearing on the containment of trash.  The expansion will create more space for them to sort what is dropped off.  That will lessen the amount of items left on the outside of the building after it is dropped off during the night.  The plan is to move the curb cut in the back to the north so that semi-trucks can backup and unload and will allow the trash truck to dump that compactor and will exit out the front.  The trash trucks come twice a week and semis stop two to three times a week to exchange trailers. 

 

City Manager Allen Johnson stated that although there has been some trouble from time to time that Goodwill is doing a good job of controlling their trash and debris in that area.  Director of Utilities Kirk Stocker confirmed there have not been any issues since the compactor box was added about two years ago.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Hadley to close the hearing and approve the Application submitted by Chris Wissing (Applicant) and Johnson Imperial Home Co. (Owner) for Planned District Development Plan Approval for the construction of a retail sales facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 2, Windsor Estates Eighth Addition to the City of Kearney, Buffalo County, Nebraska 3906 4th Avenue) and approve Resolution No. 2004-205.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Hadley.  Nay: None.  Buschkoetter abstaining.  Motion carried.

 

RESOLUTION NO. 2004-205

 

            WHEREAS, Chris Wissing (Applicant) and Johnson Imperial Home Co. (Owner) have applied for Planned District Development Plan Approval for the construction of a retail sales facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 2, Windsor Estates Eighth Addition to the City of Kearney, Buffalo County, Nebraska 3906 4th Avenue).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Chris Wissing (Applicant) and Johnson Imperial Home Co. (Owner) for District Planned Development Plan Approval for the construction of a retail sales facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 2, Windsor Estates Eighth Addition to the City of Kearney, Buffalo County, Nebraska 3906 4th Avenue) be approved.

PASSED AND APPROVED THE 9TH DAY OF NOVEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Hadley seconded by Buschkoetter that Subsections 1 through 10 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

1.         Approve Minutes of Regular Meeting held October 26, 2004.

 

2.         Approve the following Claims: AFLAC $1,603.78 Ded; ALAMAR $1,512.78 Various; Albert Whitman & Co $25.43 Bks; Alexander Hamilton Inst $150.76 Su; Alltel $3,638.38 Serv; Anderson, S $48.60 Tr; Associated Bag $143.00 Various; AT&T $148.06 Serv; Automotive Index $54.06 Bks; Baker & Taylor $1,805.60 Bks; Ballain, B $5.89 Ref; BBC Audiobooks America $191.13 Bks; Beachner Construction $187,452.23 Serv; Big Flag $1,041.32 Inv; Bilsland, G $9.03 Ref; Blessing, LLC $124,427.25 Serv; BlueCross BlueShield $15,913.80 Claims; Bob's Super Store $29.80 Serv; Books on Tape $563.81 Bks; Bosselman $15,788.45 Inv; Bosshamer, B $39.77 Ref; Buffalo Co Reg of Deeds $179.50 Serv; Buffalo Air Service $3,824.00 Lease; Buffalo Co $300.00 Serv; Buffalo Co Court $1,092.16 Ded; Burns, R $55.65 Tr; Burt, P $15.92 Ref; Capstone Press $2,394.25 Bks; Carlos, O $1.66 Ref; Cary, M $8.95 Ref; Cash Wa $17.25 Serv; CCH $239.00 Dues; Central Fire $56.00 Rep; CH2M Hill $532.22 Serv; CHAD $8.00 Ded; Charter Communications $43.55 Serv; Charter Paging $21.92 Serv; Chief Supply $417.74 Su; Child's World $1,406.90 Bks; Churchich Recreation $16,090.00 Equip; City of Ky $181,441.85 Various; Civil Air Patrol Magazine $495.00 Serv; College Savings Plan of NE $130.00 Ded; Colorado Association $368.00 Tr; Commons, T $9.54 Ref; Cone, R $47.14 Ref; Conseco Life Ins $38.00 Ded; Consolidated Electric $137.96 Rep; Construction Rental $142.68 Various; Control Masters $653.42 Rep; Controlled F.O.R.C.E. $925.00 Tr; Cordova, T $10.70 Tr; Crossroads Ford $416.52 Rep; Crumrine, J $23.49 Ref; Culligan $231.18 Serv; Cummins Great Plains $24,155.90 Various; Dell $4,846.37 Equip; Dept of Airports $5,400.00 Tr; Dept of Health & Human Services $94.00 Tr; Dept of the Treasurer $8.84 Ded; Diamond Sales $43.75 Bks; Dickey, E $40.94 Ref; Don's Pioneer Uniforms $99.35 Cla; Double M Farms $2,000.00 Serv; Dowling, J $50.00 Rep; DPC $3,762.83 Su; Dutton-Lainson $170.02 Inv; Eakes $1,138.01 Various; Ecolab $27.00 Su; Egge, S $1.34 Ref; Eggen, M $323.00 Various; Eichhorst, C $7.00 Ref; Eirich, T $50.00 Reim; Elliott $606.11 Su; Erb, L $5.92 Ref; Evans, A $5.35 Ref; Express Distribution $210.00 Inv; Fairbanks Int'l $4,491.46 Various; Farm Plan $270.01 Rep; Fastenal $116.82 Rep; Fedex $169.50 Serv; Fiese, R $400.00 Serv; Fireguard $499.35 Su; Fort Bend Services $7,936.50 Su; Fox, J $23.87 Ref; Freburg, N $369.24 Ded; Frederick, M $20.00 Bks; Fremont Nat'l Bank $71,306.69 Ded; Frontier $900.62 Serv; Fuller, J $106.95 Tr; Gangwish Turf $71.28 Su; Garrett Tires $93.80 Rep; Gary's I-80 $300.00 Serv; Gateway Realty $18.69 Ref; Gear for Sports $306.02 Inv; Godwin, J $36.04 Ref; Gronewoller, S $477.90 Tr; H&G Cleaners $264.67 Serv; Hach $809.83 Various; Harms, A $34.08 Ref; Harshbarger, K $225.24 Tr; Hart, D $1.29 Ref; Hart, S $27.83 Tr; Herman, M $6,302.65 Serv; Highsmith $210.29 Serv; Hill, M $123.48 Tr; Holmes Plbg $8.09 Rep; Hotsy $6,446.25 Equip; Hudson, D $26.78 Ref; Hunt, C $140.53 Tr; Hydrologic $569.48 Various; ICMA $1,721.00 Dues; ICMA RC $6,447.91 Ded; Independence Care Underwriting $18,758.73 Prem; Ingram, C $34.48 Ref; IRS $161,524.55 Ded; Jack Lederman Co $49.16 Various; John Deere Credit $11,125.33 Lease; Johnson, G $1,694.18 Various; Justex Systems $129.00 Dues; Karate America $2.54 Ref; Ky Area Chamber of Commerce $28,057.25 Taxes; Ky Area Solid Waste $61,890.93 Tipping Fee; Ky Area United Way $592.36 Ded; Ky Crete $202.75 Su; Ky Implement $34,407.81 Various; Ky Literacy Council $125.00 Reg; Ky Yamaha $8,514.68 Equip; Kelly Supply $902.80 Containers; Kirkham Michael $8,052.39 Serv; Kjar, B $22.83 Ref; Knapp, J $200.00 Ref; Koen Book $679.11 Bks; Kolar, J $126.95 Tr; Kooyman, R $200.00 Ins; Laughlin, K $720.00 Ded; Lawhead, L $27.86 Ref; League on NE Municipalities $880.00 Tr; Lind, G $95.19 Ref; Lindner, S $304.23 Tr; Linweld $363.63 Rep; Location Tech $5,128.00 Equip; Lockmobile $161.00 Rep; Marlatt Machine Shop $56.98 Rep; Marshall Cavendish $635.10 Bks; Martinosky, M $50.00 Reim; Mattley Advertising $150.00 Serv; M-B Companies $3,000.00 Serv; McDermott & Miller $2,600.00 Serv; McGraw, R $16.30 Ref; McKibben, C $151.23 Tr; McNeil, L $41.27 Ref; Meadowbrook Insurance $1,224.67 Ins; Metropolitan Life Ins $3,993.22 Prem; Mid-State Engineering $715.00 Serv; Midwest Turf $134.40 Rep; Mieth, T $32.33 Cla; Miller & Associates $4,335.30 Serv; Miller Signs $350.00 Rep; Mills, F $48.69 Ref; Morgan, M $32.11 Ref; Morris Press $182.00 Various; Mosbarger, B $200.00 Ins; MSI $136.88 Tr; Musil, J $40.13 Tr; Naik, D $262.93 Tr; Nat'l Paper Supply $216.93 Su; NCL of Wisconsin $379.11 Su; NE Child Support $1,692.04 Ded; NE Dept of Env Quality $185.00 Tr; NE Dept of Revenue $85,443.15 Various; NE State Board of Landscape Arch $100.00 License; NE Salt $2,724.46 Su; Northstar Audio Books $32.50 Bks; Northwestern Energy $2,004.73 Serv; Office Depot $235.06 Su; Officenet $337.47 Su; Ogallala Police Dept $15.89 Pstg; Olsen, C $284.70 Tr; Olsson Associates $3,363.15 Serv; Omnigraphics $203.30 Bks; On-Site Mobile Sharpening $34.36 Su; Outdoor Recreation $1,746.00 Equip; Paramount $58.15 Various; Parry, C $24.06 Ref; Paul A. Otto Curb Grinding $45.00 Serv; Payflex Systems $391.00 Various; PEP $48.67 Rep; Pepperball Tech $79.99 Su; Petersen, R $35.00 Reim; Pitney Bowes $937.16 Pstg; Police Officers Association $330.00 Dues; Preferred Mail $114.37 Pstg; Prescott, J $552.54 Tr; Presto-X $218.00 Rep; Prososki, K $30.00 Ref; Quality Books $119.93 Bks; Quiet Living Apts $20.88 Ref; Quill $64.98 Serv; Rayback, K $13.80 Ref; Recorded Books $707.12 Bks; Reitz, A $17.42 Ref; Respond First Aid Systems $110.00 Su; Riverside Animal Hospital $2,061.75 Serv; Rochford Custom Homes $11.50 Ref; Ross Engineering $4,110.99 Serv; Roth, K $7.96 Reim; Rourke Publications $448.10 Bks; Rowedder, L $33.07 Ref; Royle, D $13.05 Ref; Sam's Club $60.00 Tr; Scan-Optics $1,650.00 Serv; Schmitt, D $22.93 Ref; School District #7 $6,541.15 Remittance; Schultz, J $24.92 Ref; See Clear Cleaning $1,950.00 Serv; Severn Trent Pipeline $3,763.40 Ins; Sheffield, J $26.69 Ref; Snap On Tools $390.65 Tools; Sprint $189.11 Serv; Star Homes $200.00 Serv; Starotska Homes $41.12 Ref; State of NE DAS Communications $27.16 Serv; Steinbrink Landscaping $3,500.00 Serv; Stevens, J $9.12 Ref; Stittle, B $17.83 Tr; Story, G $155.25 Tr; Subway $174.39 Ref; Technical Maint $844.59 Rep; Theis, G $70.64 Pc; Thompson, L $90.00 Rep; Thurston Htg $459.99 Rep; Tielke $179.30 Su; Titleist $1,033.66 Su; Tokay Software $360.00 Software; Tool Doctor $76.90 Su; Turner Body Shop $1,727.65 Rep; United Fire & Casualty $111,420.00 Serv; Van Diest Supply $1,786.60 Rep; Vest, A $30.89 Ref; Video Services of America $4,013.46 Serv; Village Uniform $402.80 Various; Waldron, J $35.18 Ref; Walsh, C $394.70 Tr; Walters Electric $314.37 Serv; Washington State Support $204.02 Ded; Watts, A $46.11 Ref; West Group $880.50 Su; Wiederspan, R $72.00 Tr; Willbeck, P $23.71 Ref; Winfield Concrete Leveling $600.00 Rep; Woitalewicz, S $25.21 Ref; Wolfe, D $7.46 Ref; Woods, E $28.21 Ref; WPCI $185.50 Serv; Xerox $370.38 Serv; Yendra, A $30.87 Ref; Zelazny, M $10.00 Ref; Zimmerman Printers $322.00 Su; Zomar Products $99.00 Tr; Payroll Ending 11-05-2004 -- $248,802.19.  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 Agreement between the City of Kearney and the Nebraska Department of Roads for Project STR-44-2(1007) for improvements to 2nd Avenue from approximately 17th Street to 22nd Street and approve Resolution No. 2004-206.

 

RESOLUTION NO. 2004-206

 

            WHEREAS, a portion of 2nd Avenue (Highway N-44), specifically, the 2nd Avenue Overpass, is in need of improvement which will consist of bridge deck repair; and

            WHEREAS, the City of Kearney and the Nebraska Department of Roads desire to enter into an agreement for said improvements [Project No. STR-44-2(1007)]. A copy of the Agreement marked as Exhibit “A” is attached hereto and made a part hereof be reference.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President of the Council be and is hereby authorized and directed to execute the Agreement on behalf of the City of Kearney, Nebraska.

            PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

4.         Approve the revisions made by Administration to the Federal-Aid Urban Area Boundary Update Map for the Kearney area, authorize the Mayor to execute the Map and approve Resolution No. 2004-207.

 

RESOLUTION NO. 2004-207

 

            WHEREAS, after each decennial census, the Federal Highway Administration initiates an update, applying the latest census data, to the Federal-Aid Urban Area boundaries; and

            WHEREAS, both the City of Kearney and the Federal Highway Administration have reviewed the updated Urban Area Map for Kearney, Nebraska, a copy of the Urban Area Map, marked as Exhibit “A”, is 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 President of the Council be and is hereby authorized and directed to execute the Urban Area Map for Kearney, Nebraska.

            PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

5.         Approve the applications for Special Designated Licenses submitted by STEVE & JONI PAULSEN, dba “Party Pro Catering” in connection with their Class D/K61563” Liquor License to dispense beer, wine and distilled spirits in the Kearney Event Center, 609 Platte Road, on November 26, 27, December 3, 4,  7, 2004 from 5:00 p.m. until 1:00 a.m. each day.

 

6.         Approve the recommendation from the Mayor on the reappointment of Michelle Stover to serve on the Airport Advisory Board, and the appointment of John Elliott to serve on the Advisory Board of Cable Commissioners.

 

7.         Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and James Hunt and Brad Hennig for the construction of public sanitary sewer improvements for Lots 1 through 18 inclusive of Block 3, Marianne Hunt 2nd Addition to the City of Kearney, Buffalo County, Nebraska (between Avenue H and Avenue D south of 10th Street to just south of 8th Street) and approve Resolution No. 2004-208.

 

RESOLUTION NO. 2004-208

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” for Lots 1 through 18 inclusive of Block 3, Marianne Hunt 2nd Addition to the City of Kearney, Buffalo County, Nebraska (between Avenue H and Avenue D south of 10th Street to just south of 8th Street) be and is hereby accepted and approved. A copy of said Agreement marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and James Hunt and Brad Hennig, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

8.         Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and The Nicholas Group and Village Plaza for the construction of paving, water and sewer infrastructure for Lots 1 through 4 inclusive, Village Plaza Addition; Lots 7 and 8 of Block 4, Kearney Plaza Second Subdivision; Lots 1 through 9 inclusive of Block 4, Kearney Plaza Third Addition; and Lots 11 through 19 of Block 2, Kearney Plaza Third Addition all in the City of Kearney, Buffalo County, Nebraska (West LaPlatte Road west of Plaza Boulevard) and approve Resolution No. 2004-209.

 

RESOLUTION NO. 2004-209

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” for Lots 1 through 4 inclusive, Village Plaza Addition; Lots 7 and 8 of Block 4, Kearney Plaza Second Subdivision; Lots 1 through 9 inclusive of Block 4, Kearney Plaza Third Addition; and Lots 11 through 19 of Block 2, Kearney Plaza Third Addition all in the City of Kearney, Buffalo County, Nebraska (West LaPlatte Road west of Plaza Boulevard) be and is hereby accepted and approved. A copy of said Agreement marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and The Nicholas Group and Village Plaza, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

9.         Approve the application for a Special Designated License submitted by CITY OF KEARNEY, NEBRASKA, dba “Meadowlark Hills Golf Course” to dispense beer, wine and distilled spirits in the Exhibit Building at the Buffalo County Fairgrounds on December 10, 2004 from 4:00 p.m. until 1:00 a.m.

 

10.        Approve the Agreement submitted by Kearney Downtown Centre Association for the following: (1) place Santa’s house in front of Nelson’s Furniture at 2109 Central Avenue from November 22, 2004 until December 28, 2004; (2) to hang Christmas decorations at 23rd Street and Central Avenue on the south side of the intersection from November 22, 2004 until December 31, 2004; (3) the placement of the Christmas tree at the intersection of 22nd Street and Central Avenue from November 22, 2004 through December 31, 2004; (4) to block off three parking stalls in front of the Old Saltbox at 2201 Central Avenue to sell popcorn on December 2, 2004 from 5:00 p.m. until 8:00 p.m. subject to the City receiving the required Certificate of Insurance.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7135 – REPEAL ORDINANCE NO. 6874 AND REZONE SOUTH OF 35TH STREET AND EAST OF 30TH AVENUE

 

On April 9, 2002 the City Council approved Ordinance No. 6874 rezoning property located south of 35th Street and east of 30th Avenue. The City, in an effort to make its records more accessible, not only in-house but eventually to the public, has been working very diligently on its Geographical Information System (GIS). Michele Hill, GIS Coordinator, has made great strides in putting the information together. As a part of the GIS, she has been inputting all rezoning ordinances passed by the City Council. In the process of inputting this information, she came across these three rezoning ordinances having an error in the legal descriptions. Therefore, in an effort to correct the legal descriptions, it is necessary to repeal the original ordinances and to adopt new ordinances.

 

Council Member Buschkoetter introduced Ordinance No. 7135, being Subsection 1 of Agenda Item V to repeal Ordinance No. 6874 and rezone from “District RP-3G, Planned Garden Apartment District” to “District CP-0, Planned Nonretail District” property described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 7.04 acres, more or less, Buffalo County, Nebraska (south of 35th Street and east of 30th 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 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, 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. 7135 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 Blankenship seconded by Kearney that Ordinance No. 7135 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. 7135 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. 7136 – REPEAL ORDINANCE NO. 6875 AND REZONE 3900 COTTONMILL AVENUE

 

On April 9, 2002 the City Council approved Ordinance No. 6875 rezoning property located at 3900 Cottonmill Avenue.  The City, in an effort to make its records more accessible, not only in-house but eventually to the public, has been working very diligently on its Geographical Information System (GIS). Michele Hill, GIS Coordinator, has made great strides in putting the information together. As a part of the GIS, she has been inputting all rezoning ordinances passed by the City Council. In the process of inputting this information, she came across these three rezoning ordinances having an error in the legal descriptions. Therefore, in an effort to correct the legal descriptions, it is necessary to repeal the original ordinances and to adopt new ordinances.

 

Council Member Buschkoetter introduced Ordinance No. 7136, being Subsection 2 of Agenda Item V to repeal Ordinance No. 6875 and rezone from “District A, Agricultural District” to “District AR-1, Rural Large Lot Residential District” property described as a tract of land located in the Northwest Quarter of Section 32, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (3900 Cottonmill 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 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, 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. 7136 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 Blankenship seconded by Kearney that Ordinance No. 7136 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. 7136 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. 7137 – REPEAL ORDINANCE NO. 7019 AND REZONE 7040 WEST 18TH STREET

 

On January 13, 2004 the City Council approved Ordinance No. 7019 rezoning property located at 7040 West 18th Street. The City, in an effort to make its records more accessible, not only in-house but eventually to the public, has been working very diligently on its Geographical Information System (GIS). Michele Hill, GIS Coordinator, has made great strides in putting the information together. As a part of the GIS, she has been inputting all rezoning ordinances passed by the City Council. In the process of inputting this information, she came across these three rezoning ordinances having an error in the legal descriptions. Therefore, in an effort to correct the legal descriptions, it is necessary to repeal the original ordinances and to adopt new ordinances.

 

Council Member Buschkoetter introduced Ordinance No. 7137, being Subsection 3 of Agenda Item V to repeal Ordinance No. 7019 and rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as a tract of land being the east 240 feet of a tract of land being part of the Northeast Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (7040 West 18th Street), 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, 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. 7137 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 Blankenship seconded by Kearney that Ordinance No. 7137 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. 7137 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7138 – REZONE 223 WEST 31ST STREET

 

Council Member Kearney introduced Ordinance No. 7138, being Subsection 1 of Agenda Item VI to rezone from “District R-2, Urban Residential Mixed-Density District” to “District UC, Mixed Use Urban Corridor District” property described as Lot 7 of Block 14, Perkins & Harford’s Addition to the City of Kearney, Buffalo County, Nebraska (223 West 31st Street), 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. 7138 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. 7138 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. 7138 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. 7139 – VACATE PORTION OF LOTS 7 AND 8 IN TRACT “G”

 

Mayor Blankenship stated that Items 2 and 3 of the Regular Agenda were requested by the applicant to be tabled until November 23, 2004.

 

Moved by Hadley seconded by Buschkoetter to table until November 23, 2004 Ordinance No. 7139.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

FINAL PLAT – BUCKLE ADDITION

 

Mayor Blankenship stated that Items 2 and 3 of the Regular Agenda were requested by the applicant to be tabled until November 23, 2004.

 

Moved by Hadley seconded by Buschkoetter to table until November 23, 2004 the application for final plat approval of BUCKLE ADDITION.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

AWARD BID FOR 2004 PART IX IMPROVEMENTS

 

Mayor Blankenship opened for discussion the bids received for the construction of the 2004 Part IX Improvements consisting of Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891A for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; Water District No. 2004-535 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; Sewer District No. 2004-478 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska and to consider approval of Resolution No. 2004-211 awarding the bid to Midlands Contracting in the amount of $126,452.00 for Bid A (Water and Sewer) and to Blessing, LLC in the amount of $188,558.50 for Bid B (Paving).

 

Dave Mead from Miller & Associates presented this matter to the Council. At the October 12, 2004 Council meeting, the City Council approved the plans and specifications for the 2004 Part IX Improvements. Sealed bids for the 2004 Part IX Improvements were received on Tuesday, November 2, 2004 at 2:00PM.  The following were the bids received:

 

BID A – SANITERY SEWER & WATER

 

Midlands Contracting, Inc., Kearney, Nebraska

$126,452.00

 

BID B – PAVING

 

Blessing, LLC, Kearney, Nebraska

$188,558.50

Dan Roeder Concrete, Inc., Kearney, Nebraska

$247,155.00

 

The Engineer’s Opinion of Probable Construction Cost was $129,601.00 for Bid A and $223,889.50 for Bid B. The low bid from Midlands Contracting, Inc. for Bid A (Water and Sewer) is 2% below the Engineer’s Opinion of Probable Construction Cost.  The low bid from Blessing, LLC for Paving Bid B (Paving) is 16% below the Engineer’s Opinion of Probable Construction Cost. The substantial completion date for the water and sewer is December 31, 2004, and the substantial completion date for the paving is May 15, 2005.

 

Moved by Buschkoetter seconded by Blankenship to approve the bids received for the construction of the 2004 Part IX Improvements consisting of Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891A for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; Water District No. 2004-535 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; Sewer District No. 2004-478 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2004-211 awarding the bid to Midlands Contracting in the amount of $126,452.00 for Bid A (Water and Sewer) and to Blessing, LLC in the amount of $188,558.50 for Bid B (Paving).  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-211

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on November 2, 2004, at 3:00 p.m. for the 2004 Part IX Improvements consisting of Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891A for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; Water District No. 2004-535 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; Sewer District No. 2004-478 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for Bid A (Water and Sewer Districts) was $129,601.00 and for Bid B (Paving Districts) was $223,889.50; and

WHEREAS, the said engineers have recommended the bid offered by Midlands Contracting of Kearney, Nebraska in the sum of $126,452.00 for Bid A (Water and Sewer), and Blessing LLC of Kearney, Nebraska in the sum of $188,558.50 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 Midlands Contracting of Kearney, Nebraska be and is the lowest responsible bidder for the 2004 Part IX Improvements consisting of Water District No. 2004-535 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; Sewer District No. 2004-478 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Midlands Contracting of Kearney, Nebraska in the sum of $126,452.00 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 IX Improvements consisting of Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891A for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska, 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 $188,558.50 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 IX Improvements for Bid A (Water and Sewer Districts) in the amount of $129,601.00 and for Bid B (Paving Districts) in the amount of $223,889.50 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 9TH DAY OF NOVEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

AWARD BID FOR COTTONMILL MARINA PROJECT

 

Mayor Blankenship opened for discussion the bids received for the construction of the Cottonmill Park Marina Building and to consider approval of Resolution No. 2004-212 awarding the bid to Sorensen Group in the amount of $152,758.00.

 

Park Superintendent Alan Roesler presented this matter to the Council.  This project was carried over from Fiscal Year 2003/2004 to Fiscal Year 2004/2005 with $10,000 of the original $165,000 budgeted amount already expended for design services.

 

Four bids were received for the project and one of these was under the budgeted amount and the Engineer’s estimate for the project. A tabulation of bids has been provided that shows who the bidders were and their bids. Sorensen Group Inc. is the apparent lowest responsible bidder with a bid of $152,758.00.

 

Moved by Blankenship seconded by Kearney to approve the bids received for the construction of the Cottonmill Park Marina Building and approve Resolution No. 2004-212 awarding the bid to Sorensen Group in the amount of $152,758.00.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-212

 

            WHEREAS, Clark Enersen Partners and the City of Kearney have reviewed the sealed bids which were opened on November 2, 2004, at 2:00 p.m. for the Cottonmill Park Marina Building; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $156,071.00; and

WHEREAS, the said engineers have recommended the bid offered by Sorensen Group Inc. of Kearney, Nebraska in the sum of $152,758.00 be accepted as the lowest responsible bid.  

            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 Sorensen Group Inc. of Kearney, Nebraska be and is the lowest responsible bidder for the Cottonmill Park Marina Building, to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Sorensen Group Inc. of Kearney, Nebraska in the sum of $152,758.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the Cottonmill Park Marina Building in the amount of $156,071.00 be and is hereby accepted.

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

            PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

OPEN ACCOUNT CLAIMS -- NPPD -- $74,620.30

 

Moved by Kearney seconded by Hadley that Open Account Claims in the amount of 74,620.30 payable to NPPD be allowed.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None.  Clouse abstained.  Motion carried.

 

EMPLOYMENT OF CITY MANAGER MICHAEL MORGAN

 

Mayor Blankenship opened for discussion the Employment Agreement with Michael Morgan and to consider Resolution No. 2004-213.

 

City Manager Allen Johnson has worked with the City of Kearney since June 1996. During his annual evaluation in June, he tendered his resignation effective the end of the year with the understanding that his Agreement may be extended if needed.

 

In order to streamline the process, the City Council, on July 13, 2004, hired Thelen Consultants for recruitment services and executive search.  Mr. Thelen began the process immediately with a completion time of 90 days.

 

A public reception was held on November 4 at the Museum of Nebraska Art for the Kearney community to have the opportunity to visit with the candidates.  The four finalists, Doug Clark, Steve Crowell, Mike Morgan and John Prescott, were interviewed by the City Council and also by a Citizens Advisory Committee on November 5, 2004.

 

The City Manager recruitment process is nearing completion. There was a consensus between the City Council and Advisory Committee on the next City Manager for Kearney. Mayor Blankenship has been in contact with Michael Morgan. The final step is the acceptance of an Employment Agreement with the new City Manager, Michael W. Morgan.

 

Moved by Clouse seconded by Hadley to approve Employment Agreement between the City of Kearney and Michael Morgan and approve Resolution No. 2004-213.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-213

 

            WHEREAS, The City Council of the City of Kearney, Nebraska, do hereby fix, prescribe and limit salary and wages to be paid by this City to the City Manager, pursuant to the authority granted in Section 1-301 of the Code of the City of Kearney, Nebraska, and Section 19-620 of the Nebraska Revised Statutes.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that Michael W. Morgan be appointed as City Manager of the City of Kearney, Nebraska, effective January 10, 2005 on a full time basis.

            BE IT FURTHER RESOLVED that the City Manager be paid an annual salary of One Hundred Five Thousand Dollars ($105,000.00) effective January 10, 2005; said salary to be paid bi-weekly from any City funds and the Kearney Municipal Airport Corporation Fund in such proportionate amounts as the City Manager may determine.

            PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Bushkoetter seconded by Blankenship that Council adjourn at 7:59 p.m.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

                                                                                    BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK