Kearney, Nebraska
December 28, 2004
7:30 p.m.
Prior to
the regular Council meeting, the Council met as the Board of Directors for the
Kearney Municipal Airport Corporation in open and public session at 7:30 p.m.
on December 28, 2004 in the Council Chambers at City Hall. This meeting
adjourned at 7:35 p.m. A meeting of the City Council of Kearney, Nebraska, was
convened in open and public session at 7:30 p.m. on December 28, 2004, in the
Council Chambers at City Hall. Present were: Randy Buschkoetter,
Vice-President of the Council; Michaelle Trembly, City Clerk; Council Members
Don Kearney, Stan Clouse, and Bruce Lear. Absent: Galen D. Hadley. 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 Bruce Grupe, City
Engineer were also present. Some of the citizens present in the audience
included: Mike Sumpter, Michele Hill, Dennis Hill, Doralene Weed, Mike Konz
from the Kearney Hub, and Dave Jenner from KGFW.
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
Father Charles Torpey from St. James Catholic Church
provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scouts Matthew Brown, Brad Carr and Bradon Topel led the
Council members and audience in the Pledge of Allegiance.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
LIQUOR APPLICATION – KEARNEY EVENT
CENTER, 609 PLATTE ROAD
Vice-President Buschkoetter stated the public hearing on the
application for a Class “C/K” (Beer, Wine and Distilled Spirits – On and Off
Sale Catering) Liquor License submitted by the KEARNEY EVENT CENTER located at
609 Platte Road needed to be removed from the table.
Moved by Lear seconded by Buschkoetter to remove from the table
the public hearing on the application for a Class C/K Liquor License submitted
by the Kearney Event Center. Roll call resulted as follows: Aye: Buschkoetter,
Clouse, Kearney, Lear. Nay: None. Hadley absent. Motion carried.
Mike Sumpter, proposed corporate manager of the Kearney
Event Center, presented this matter to the Council. They have been under
operation under the new regime for 90 days. During that time they have met a
challenging standard in building their infrastructure. This is one area that
they have taken very seriously. Their food and beverage director is
“TIPS” certified. She will be going to Lincoln in January to get updated
and certified so that she can train all of their staff. They have also
retained the gentleman, whose liquor license they have been using, to help
manage the liquor side of their business. Mr. Sumpter thought that all of
their security people are off duty state troopers or police officers.
They will continue to maintain the zero tolerance attitudes regarding anything
that would put them in jeopardy or put any of their patrons at risk. They
believe they are pro-active and that using the wristbands this year has been
effective. He believed that their micromanagement structure has been
diligent, which has worked well for the first ten games of the season.
Council member Buschkoetter stated that the reason this item
had been tabled was a miscalculation or misprint on the original
application. He verified this application is basically what they have had
in the past. Mr. Sumpter stated that what they want to do is mirror what
the Tri-City Arena had before, but the wording on their application was
misleading regarding the parking lot. They understand that any event
using the parking lot will require a Special Designated License. He
believed that they are now in compliance with all the terms. He
previously spoke with the Kearney Police Department about being involved with
the training of new staff members.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Kearney to close the
hearing and approve the application for a Class “C/K” (Beer, Wine and Distilled
Spirits – On and Off Sale Catering) Liquor License submitted by the KEARNEY
EVENT CENTER located at 609 Platte Road, approve the application for Corporate
Manager of Michael Sumpter, and approve Resolution No. 2004-223 subject to
compliance of the following conditions: first, the parking lot shall not be
included in the licensed premises, and; second, that the smoking deck area meet
the following criteria: (1) the south side of the area be controlled with a
fixed fence with a gate installed to provide a means of exiting in case of an
emergency, (2) this area to be staffed with security to monitor the area
anytime it is open for business to assure that the sale of alcohol is conducted
properly, and (3) an approved type container shall be provided to discard
smoking material. Roll call resulted as follows: Aye: Buschkoetter, Kearney,
Lear, Clouse. Nay: None. Hadley absent. Motion carried.
RESOLUTION
NO. 2004-223
WHEREAS, KEARNEY EVENT CENTER, dba “Kearney Event Center” has filed with the
City Clerk of the City of Kearney, Nebraska, an application for a Class “C/K”
Catering Liquor License doing business at 609 Platte Road, Kearney, Nebraska,
and has paid all fees and done all things required by law as provided in the
Nebraska Liquor Control Act; and
WHEREAS, a hearing was held relating to said application on December 28, 2004.
NOW, THEREFORE, BE IT RESOLVED that the Vice-President and City Council of the
City of Kearney, Nebraska recommend approval to the Nebraska Liquor Control
Commission of the issuance of a Class “C/K” Catering Liquor License to KEARNEY
EVENT CENTER, dba “Kearney Event Center” located at 609 Platte Road subject to
compliance of the following conditions: first, the parking lot shall not be
included in the licensed premises, and; second, that the smoking deck area meet
the following criteria: (1) the south side of the area be controlled with a
fixed fence with a gate installed to provide a means of exiting in case of an
emergency, (2) this area to be staffed with security to monitor the area
anytime it is open for business to assure that the sale of alcohol is conducted
properly, and (3) an approved type container shall be provided to discard
smoking material.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED AND APPROVED THIS 28TH DAY OF DECEMBER, 2004.
ATTEST:
RANDY
BUSCHKOETTER
VICE-PRESIDENT OF THE COUNCIL
AND EX-OFFICIO
MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
LIQUOR APPLICATION – DIAMOND
SHAMROCK, 414 2ND AVENUE
Vice-President Buschkoetter stated the public hearing on the
application for a Class “D” Liquor License submitted by KB & KS INVESTMENTS
LLC, dba “Diamond Shamrock” located at 414 2nd Avenue will remain on the table.
IV. CONSENT AGENDA
Moved by Kearney seconded by Clouse that Subsections 1
through 18 of Consent Agenda Item IV be approved. Roll call resulted as
follows: Aye: Buschkoetter, Lear, Clouse, Kearney. Nay: None. Hadley absent.
Motion carried.
1.
Approve Minutes of Regular Meeting held December 14, 2004.
2.
Approve the following Claims: Accu-Cut Systems $102.00 Su; Ace Hardware $64.18
Su; Advance Auto Parts $3.26 Su; Air Midway $200.00 Rep; Airporter Shuttle
$50.50 Tr; Alamar $9,473.46 Various; Albert Whitman & Co $12.63 Bks; Alltel
$299.43 Serv; Amazon $17.26 Bks; Amer Electric $459.68 Su; Amoco Oil $33.03 Tr;
AMZ Superstore $251.12 Bks; Andersen Wrecking $18.00 Su; Anderson Industrial
Engines $1,260.20 Serv; Applied Concepts $3,095.00 Serv; AT&T $122.24 Serv;
Auto Glass $344.87 Inv; Automated Systems $355.00 Su; Baird Holm McEachen
$75.00 Serv; Baker & Taylor $1,950.73 Bks; Bamford $300.00 Rep; Barney
Abstract $500.00 Serv; BBC Audiobooks America $266.88 Bks; Bennett, T $1,312.50
Serv; Bentley, E $15.00 Bks; Bertrand, J $35.31 Ref; Best Lock $685.53 Su; Best
Western $60.51 Su; BHMG $3,219.90 Serv; Big Flag Farm $1,285.00 Su; BlueCross
Blue Shield $21,577.70 Claims; Bob's Super Store $172.08 Various; Bookmark
$186.58 Su; Books on Tape $823.04 Bks; Bosselman $32,449.38 Various; Boy Scout
Troop 139 $25.56 Su; Broadfoot Sand $1,512.00 Various; Brown Traffic Products
$270.19 Su; Brown Transfer $92.23 Various; Buffalo Co Ag Assoc $300.00 Serv;
Buffalo Co Treasurer $15.00 Serv; Buffalo Co Court $210.87 Ded; Buggy Bath
$635.50 Various; Builders $3,097.43 Various; Cabela's $247.21 Su; Campbell Pet
$107.58 Su; Cart Parts $198.02 Su; Cash Wa $100.95 Inv; CDW Gov't $1,220.19 Su;
Centaur Ent $904.54 Various; Central Auto Electric $221.25 Inv; Central Comm
College $65.00 Tr; Central Fire $59.50 Various; Central Hydraulic Systems
$199.33 Various; Central NE Equipment $228.90 Su; Christensen, D $112.50 Serv;
City of Ky $20,821.89 Various; Clarion Hotel $81.53 Tr; Clark Enersen $1,851.92
Serv; College Savings Plan of NE $50.00 Ded; Colorado Chapter ICC $780.00 Tr;
Comfort Inn $60.57 Tr; Complete Music $250.00 Serv; Computer Warehouse #4
$46.98 Su; Conseco Life Ins $38.00 Ded; Construction Rental $654.00 Various;
Control Masters $3,112.50 Various; Copycat $409.98 Su; Country Catering
$2,359.22 Serv; Country Inn & Suites $685.18 Tr; Crocker Monogramming
$1,783.50 Cla; Crossroads Ford $905.42 Various; Culligan $55.00 Rep; Cummins
Great Plains $783.08 Various; Dannehl's Feed $68.60 Su; Dawson Co PPD $9,762.60
Serv; Dell $4,477.63 Equip; Depository Trust $235,922.78 Princ, Int; Dept of
the Treasury $4.42 Ded; Deterdings $97.98 Su; Direct Safety $356.25 Su; Display
Sales $2,117.00 Su; Don's Pioneer Uniform $534.15 Cla; Dugan Business Forms
$892.76 Su; Eakes $717.85 Various; Earl May $25.95 Various; ECI Gotomypc.Com
$389.15 Su; Ed Broadfoot & Sons $60.00 Su; Eickhoff, B $45.75 Incentives;
Elliott $62.92 Su; EMED $87.49 Su; Engels, D $90.00 Equip; Entenmann-Rovin
$138.00 Various; Envirotech Products $564.00 Su; Envirotech Services $2,835.53
Su; Estate of Arthur L. Carlsen $198.00 Cemetery Space; Expression Wear
$2,214.04 Su; Fairbanks $7,406.17 Various; Farm Plan $486.48 Rep; Farmers Union
Coop $18.78 Su; Fastenal $347.71 Various; Fedex $161.97 Various; Fiala, T
$10.70 Tr; Fiddelke $343.05 Su; Fire Dept Training Network $240.00 Dues;
Fireguard $1,086.38 Various; Firehouse Subscriptions $30.00 Su; Ford Credit
Dept $6,087.38 Equip; Foster, D $42.18 Cla; Freburg, N $184.62 Ded; Frontier
$194.92 Serv; Fyr-Tek $739.80 Rep; Galls $239.97 Various; Gangwish $35.00 Serv;
Garrett Tires $12,348.18 Various; Gordon's $78.52 Various; Graham Tire $224.28
Inv; Grainger.Com $436.83 Su; Grand Central IGA $2.86 Su; Gyrphon Wireless
$13,141.30 Serv; H&G Cleaners $264.67 Serv; H&H Distributors $138.10
Su; Halco $191.32 Inv; Hall, S $6.99 Ref; Hastings $42.58 Su; Heggemeyer, L
$13.31 Cla; Highland Park $1,523.19 Rep; Hilton Hotels $580.52 Tr; Hjort, E
$13.80 Ref; Holiday Inns $20.00 Tr; Holmes Plumbing $1,259.79 Various; Homewood
Suites $65.35 Su; Hon Industries $15.00 Su; Hotsy Equipment $172.42 Inv;
Hydrologic $421.37 Su; I-80 Eppley Express $255.00 Serv; ICMA $573.00 Su; ICMA
RC $3,223.54 Ded; IRS $80,348.70 Ded; IIMC $125.00 Su; Int'l Soc of Fire Svc
Instructors $150.00 Dues; ISCO $1,195.08 Su; JC Penney $271.62 Su; Jefferson Pilot
Financial $2,451.59 Prem; John Deere Credit $5,354.40 Lease; Johnson Hardware
$454.00 Su; JRs Western $525.82 Su; K&K Auto $310.34 Various; Ky Clinc
$35.00 Serv; Ky Crete & Block $3,147.19 Various; Ky Implement $15,911.40
Various; Ky Liquor $45.29 Su; Ky Winlectric $689.28 Various; Ky Yamaha $312.88
Various; Kelly Electric $2,239.74 Various; Kelly Supply $301.00 Inv; Ketch All
$11.75 Su; Killion Motors $208.91 Inv; Kiplinger Tax Letter $59.00 Dues; Kirkham
Michael $2,261.08 Serv; Laser Art $176.50 Su; Laughlin, K $360.00 Ded; Lawson
Products $338.06 Various; League of NE Municipalities $200.00 Tr; Legate, T
$1.77 Ref; Lenz, R $100.00 Equip; Liberty Cleaners $42.00 Su; Lighthouse $20.00
Su; Linweld $92.50 Various; Lockmobile $70.30 Various; Lynaugh, J $177.90 Tr;
Machines & Media $575.00 Su; Magic Cleaning $600.00 Serv; Mail Express
$192.35 Serv; Manufacturers Sales $102.00 Various; Marlatt Machine Shop
$1,107.57 Various; Marriott $819.96 Various; Marwest Access Control $858.50 Su;
Mattley Advertising & Design $200.00 Serv; Maverick Books $620.99 Bks;
McCoy, R $30.00 Ref; MES-Snyder $6,270.53 Su; MGS Tech $32.76 Serv; Mid America
Pay Phones $100.00 Serv; Midwest Lab $12.70 Serv; Midwest Turf $194.29 Inv; Misko
Sports $799.45 Su; Momar $516.35 Su; Morgan, M $157.50 Tr; Morris Press $69.63
Su; Mountain Press $25.50 Su; Mr. Automotive $1,312.37 Various; MSC Ky $17.95
Su; Municipal Supply $426.50 Rep; NAPA All Makes Auto $1,168.98 Various; Nat'l Elec
Seminar $110.00 Su; Nat'l Fire Protection $181.44 Su; Nat'l Paper Supply
$303.95 Su; Nat'l Volunteer Fire Council $50.00 Dues; NCJRS Aspen Systems $9.50
Su; NCL of Wisconsin $445.59 Su; NCLE $330.00 Dues; NE Child Support $995.57 Ded;
NE Concrete Paving Assoc $165.00 Tr; NE Dept of Aeronautics $370.00 Loan; NE
Dept of Env Quality $233,027.14 Princ, Int; NE State Fire Marshall $240.00 Rep;
NE Trails Council $50.00 Dues; NE Well Drillers Assoc $170.00 Tr; NE Library
Assoc $85.00 Tr; NE Machinery $411.09 Inv; NE Truck Center $74.54 Inv; NE Wine
& Spirits $38.17 Su; NEland Dist $275.40 Su; Nemeha Nursery $13,650.01 Serv;
Newegg Computers $58.16 Su; NFPA $135.00 Fire-Supp. Nogg Chemical $575.23 Su;
Northern Tool $349.37 Su; Northwestern $4,336.07 Various; Office Depot $132.72
Su; Office Max $1,336.31 Su; Officenet $684.87 Su; OMB Police Supply $447.95
Su; O'Reilly $618.82 Inv; Orscheln Farm $970.73 Various; Osborn, A $29.03 Ref;
Overhead Door $532.32 Su; P4A.Com.LTD $1,305.00 Bks; Pacific Battery Systems
$89.80 Su; Pane Bello $19.17 Serv; Paramount Linen $186.96 Various; Parts
System $499.52 Su; Pat's Plumbing $50.00 Rep; Paul A. Otto Curb Grinding $90.00
Serv; Paulsen $211,643.28 Serv; PCAN $50.00 Dues; Pen Fire Engineering $29.50
Su; PEP $48.67 Rep; Pepsi Bottling Group $34.00 Serv; Pet Kingdom $108.58 Su;
Pitney Bowes $450.00 Serv; Pizza Hut $30.00 Serv; Planning Commissioners $22.50
Su; Platte Valley Comm $1,978.18 Serv; Pohl, M $25.51 Ref; Postmaster $68.00 Serv;
Precision Import Repair $155.00 Rep; Presto-X $55.00 Rep; Priority Mgt $91.03
Su; Quality Books $102.90 Bks; Quill $88.65 Su; Radio Shack $71.09 Su; Ready
Mixed Concrete $1,944.00 Serv; Reams Sprinkler Supply $657.04 Su; Recorded
Books $275.17 Bks; Redman's Shoes $106.24 Su; Respond First Aid Systems $114.80
Su; Riverside Animal Hospital $2,602.25 Serv; RK Digital $84.64 Su; RKI
Instruments $841.30 Su; Rodriquez, J $600.00 Ref; Roper's Radiator $75.00 Su;
Sage, P $42.18 Cla; Sahling Kenworth $840.27 Inv; Sampson Construction
$61,745.00 Serv; Sears $497.24 Various; Shafer, J $37.51 Ref; Sherwin Williams
$92.50 Rep; Shirt Shack $2,818.86 Su; Sign Center $180.00 Su; Simmons Gun
Specialties $2,718.78 Su; Softchoice $553.60 Su; Sporting Goods $689.55 Su;
Sprint $135.91 Serv; Star Homes $200.00 Rep; State of NE Sec of State $100.00 Serv;
Stengel, M $13.85 Ref; Sterling Distributors $64.20 Su; Story, G $75.00
License; Suburban Fire Protect Dist #1 $11,953.60 Reim; Sunmart $169.99
Various; Super Shine $7.00 Su; Syndistar $274.50 Su; Target $36.99 Su; Teamsoftware
$100.00 Su; Tech Center Services $30.73 Su; Theis, A $5,000.00 Other; Thompson
Gale $4,126.92 Bks; Tielke Ent $44.12 Su; Tractor Supply $928.49 Various;
Trembly, M $64.28 Pc; Tri-City Outdoor Power $453.90 Su; Turner Body Shop
$434.80 Rep; Union Oil $2,805.00 Inv; United Air $627.70 Tr; United Distillers
$194.73 Su; UPS $18.25 Serv; USA Blue Book $219.56 Inv; USPS $53.19 Serv; Van Diest
Supply $9,841.05 Various; Video Services of America $51.67 Various; Walmart
$1,821.75 Various; Walsh, C $49.33 Tr; Washington State Support $102.01 Ded;
West Group $1,785.25 Su; Weston Woods $32.85 Bks; Wicks Sterling Trucks $317.02
Inv; Wiederspan, R $339.23 Tr; Wilke Contracting $159,780.42 Serv; Wilke Donovans
TrueValue $103.53 Various; Wingate Inn $195.00 Tr; WPCI $371.00 Serv; WW
Grainger $94.45 Su; Xerox $266.00 Serv; Zimmerman $301.40 Rep; Payroll Ending
12-11-2004 -- $244,616.17. 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.
Ratify the action taken by the Kearney Municipal Airport Corporation on
approving T-Hangar C-6 Lease Agreement between the Kearney Municipal Airport
and Blair Rodgers and Merle Fratzke, dba “Rodgers Helicopter Services” and
approve Resolution No. 2004-231.
RESOLUTION NO. 2004-231
BE IT RESOLVED by the Vice-President
and Council of the City of Kearney, Nebraska, that the Vice-President be and is
hereby authorized and directed to execute the T-Hangar C-6 Lease Agreement, on
behalf of the City of Kearney, Nebraska, with Blair Rodgers and Merle Fratzke, dba
“Rodgers Helicopter Services”, a copy of the Agreement, marked Exhibit “1”, is
attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 28TH DAY OF DECEMBER, 2004.
ATTEST:
RANDY
BUSCHKOETTER,
VICE-PRESIDENT
OF THE COUNCIL
AND EX-OFFICIO
MAYOR
MICHAELLE
E. TREMBLY,
CITY CLERK
4.
Ratify the action taken by the Kearney Municipal Airport Corporation on
approving T-Hangar C-7 Lease Agreement between the Kearney Municipal Airport
and Norman Hand and approve Resolution No. 2004-232.
RESOLUTION NO. 2004-232
BE IT RESOLVED by the Vice-President
and Council of the City of Kearney, Nebraska, that the Vice-President be and is
hereby authorized and directed to execute the T-Hangar C-7 Lease Agreement, on
behalf of the City of Kearney, Nebraska, with Norman Hand, a copy of the
Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by
reference.
PASSED AND APPROVED THIS 28TH DAY OF DECEMBER, 2004.
ATTEST:
RANDY
BUSCHKOETTER,
VICE-PRESIDENT
OF THE COUNCIL
AND EX-OFFICIO
MAYOR
MICHAELLE
E. TREMBLY,
CITY CLERK
5.
Ratify the action taken by the Kearney Municipal Airport Corporation on
approving T-Hangar C-9 Lease Agreement between the Kearney Municipal Airport
and Norman Hand and approve Resolution No. 2004-233.
RESOLUTION NO. 2004-233
BE IT RESOLVED by the Vice-President
and Council of the City of Kearney, Nebraska, that the Vice-President be and is
hereby authorized and directed to execute the T-Hangar C-9 Lease Agreement, on
behalf of the City of Kearney, Nebraska, with Norman Hand, a copy of the
Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by
reference.
PASSED AND APPROVED THIS 28TH DAY OF DECEMBER, 2004.
ATTEST:
RANDY
BUSCHKOETTER,
VICE-PRESIDENT
OF THE COUNCIL
AND EX-OFFICIO
MAYOR
MICHAELLE
E. TREMBLY,
CITY CLERK
6.
Ratify the action taken by the Kearney Municipal Airport Corporation on
approving T-Hangar C-2 Lease Agreement between the Kearney Municipal Airport
and Nebraska Fire Sprinkler Corporation and approve Resolution No. 2004-234.
RESOLUTION NO. 2004-234
BE IT RESOLVED by the Vice-President
and Council of the City of Kearney, Nebraska, that the Vice-President be and is
hereby authorized and directed to execute the T-Hangar C-2 Lease Agreement, on
behalf of the City of Kearney, Nebraska, with Nebraska Fire Sprinkler
Corporation, a copy of the Agreement, marked Exhibit “1”, is attached hereto
and made a part hereof by reference.
PASSED AND APPROVED THIS 28TH DAY OF DECEMBER, 2004.
ATTEST:
RANDY
BUSCHKOETTER,
VICE-PRESIDENT OF THE COUNCIL
AND EX-OFFICIO
MAYOR
MICHAELLE
E. TREMBLY,
CITY CLERK
7.
Ratify the action taken by the Kearney Municipal Airport Corporation on
approving T-Hangar C-1 Lease Agreement between the Kearney Municipal Airport
and Ronald Rogers and approve Resolution No. 2004-235.
RESOLUTION NO. 2004-235
BE IT RESOLVED by the Vice-President
and Council of the City of Kearney, Nebraska, that the Vice-President be and is
hereby authorized and directed to execute the T-Hangar C-1 Lease Agreement, on
behalf of the City of Kearney, Nebraska, with Ronald Rogers, a copy of the
Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by
reference.
PASSED AND APPROVED THIS 28TH DAY OF DECEMBER, 2004.
ATTEST:
RANDY
BUSCHKOETTER,
VICE-PRESIDENT OF THE COUNCIL
AND EX-OFFICIO
MAYOR
MICHAELLE
E. TREMBLY,
CITY CLERK
8.
Ratify the action taken by the Kearney Municipal Airport Corporation on
approving T-Hangar C-8 Lease Agreement between the Kearney Municipal Airport
and John Schulte and approve Resolution No. 2004-236.
RESOLUTION NO. 2004-236
BE IT RESOLVED by the Vice-President
and Council of the City of Kearney, Nebraska, that the Vice-President be and is
hereby authorized and directed to execute the T-Hangar C-8 Lease Agreement, on
behalf of the City of Kearney, Nebraska, with John Schulte, a copy of the
Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by
reference.
PASSED AND APPROVED THIS 28TH DAY OF DECEMBER, 2004.
ATTEST:
RANDY BUSCHKOETTER,
VICE-PRESIDENT
OF THE COUNCIL
AND EX-OFFICIO
MAYOR
MICHAELLE
E. TREMBLY,
CITY CLERK
9.
Authorize Administration to purchase from the State Bid two pickups in the
amount of $14,940.00 each from Lincoln Dodge and one intermediate sedan in the
amount of $12,717.00 from Anderson Ford of Lincoln for the Utilities
Department.
10.
Approve Change Order No. 2 showing an increase in the amount of $2,182.04,
Application and Certificate for Payment No. 2-Final in the amount of
$16,584.64, and the Certificate of Substantial Completion as submitted by
Paulsen, Inc. and approved by Ross Engineering 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. 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. 2004-237.
RESOLUTION
NO. 2004-237
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. 2 showing an
increase in the amount of $2,182.04 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. 2-Final in the amount of $16,584.64 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
|
|
Change Order No. 2 (12-28-2004)
|
+ 2,182.04
|
|
|
|
|
Contract Sum To Date
|
268,384.04
|
|
Gross Amount Due
|
268,384.04
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
268,384.04
|
|
Less Previous Certificates for Payment
|
251,799.40
|
|
|
|
|
Current Payment Due
|
$ 16,584.64
|
WHEREAS, the Engineer and Contractor have now certified to the City Clerk that
work is completed as of July 23, 2004, as shown by Exhibit “C” attached hereto
and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 2, as
shown on Exhibit “A”, Application and Certificate for Payment No. 2-Final, as
shown on Exhibit “B”, and the Certificate of Substantial Completion, as shown
on Exhibit “C” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF DECEMBER, 2004.
ATTEST:
RANDY
BUSCHKOETTER,
VICE-PRESIDENT
OF THE COUNCIL
AND EX-OFFICIO
MAYOR
MICHAELLE
E. TREMBLY,
CITY CLERK
11.
Approve the Agreement for Purchase of Power between the City of Kearney and
Dawson County Public Power District to provide three-phase power at the Kearney
Area Solid Waste Landfill and approve Resolution No. 2004-238.
RESOLUTION NO. 2004-238
BE IT RESOLVED by the Vice-President
and Council of the City of Kearney, Nebraska, that the Vice-President be and is
hereby authorized and directed to execute the Agreement for Purchase of Power,
on behalf of the City of Kearney, Nebraska, with Dawson County Public Power
District to provide three-phase power at the Kearney Area Solid Waste
Landfill. A copy of the Agreement, marked Exhibit “1”, is attached hereto
and made a part hereof by reference.
PASSED AND APPROVED THIS 28TH DAY OF DECEMBER, 2004.
ATTEST:
RANDY
BUSCHKOETTER,
VICE-PRESIDENT OF THE COUNCIL
AND EX-OFFICIO
MAYOR
MICHAELLE
E. TREMBLY,
CITY CLERK
12.
Approve Application and Certificate for Payment No. 2 in the amount of
$60,371.65 submitted by Starostka Group and approved by Miller & Associates
for the 2004 Part VII Improvements – Bid A 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 and approve Resolution No. 2004-239.
RESOLUTION
NO. 2004-239
WHEREAS, Starostka Group Unlimited
has performed services in connection with the 2004 Part VII Improvements –
Bid A 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, and the
City's engineer, Miller & Associates, have filed with the City Clerk Application
and Certificate for Payment No. 2 in the amount of $60,371.65 as shown on
Exhibit “A” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$472,731.38
|
|
Contract Sum To Date
|
472,731.38
|
|
Gross Amount Due
|
169,873.20
|
|
Retainage
|
16,987.32
|
|
Amount Due to Date
|
152,885.88
|
|
Less Previous Certificates for Payment
|
92,514.23
|
|
Current Payment Due
|
$60,371.65
|
NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 2 as shown on Exhibit “A”, be and are hereby
accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF DECEMBER, 2004.
ATTEST:
RANDY
BUSCHKOETTER,
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY,
CITY CLERK
13.
Approve Change Order No. 3 for an increase in the amount of $7,317.05, Change
Order No. 4 for a decrease in the amount of $232,472.05, Application and
Certificate for Payment No. 8-Final in the amount of $66,101.99, and
Certificate of Substantial Completion submitted by Blessing, LLC and approved
by Miller & Associates for the 2004 Part I Improvements – Phase II
consisting of Paving Improvement District No. 2004-885 for 30th Avenue from
Highway 30 north to 31st Street and approve Resolution No. 2004-240.
RESOLUTION
NO. 2004-240
WHEREAS, Blessing, LLC has performed
services in connection with the 2004 Part I Improvements – Phase II
consisting of Paving Improvement District No. 2004-885 for 30th Avenue from
Highway 30 north to 31st Street, and the City's engineer, Miller &
Associates, have filed with the City Clerk Change Order No. 3 showing an
increase in the amount of $7,317.05, and Change Order No. 4 showing a decrease
in the amount of $232,472.05, as shown on Exhibits “A” and “B” respectively;
and
WHEREAS, Blessing, LLC and Miller
& Associates have filed with the City Clerk Application and Certificate for
Payment No. 8-Final in the amount of $20,862.67 as shown on Exhibit “C”
attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$1,099,325.50
|
|
Change Order No. 1 (9-28-2004)
|
+
818.40
|
|
Change Order No. 2 (10-12-2004)
|
+
4,248.20
|
|
Change Order No. 3 (12-28-2004)
|
+
7,317.05
|
|
Change Order No. 4 (12-28-2004)
|
- 232,472.05
|
|
Contract Sum To Date
|
879,237.10
|
|
Gross Amount Due
|
879,237.10
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
879,237.10
|
|
Less Previous Certificates for Payment
|
858,374.43
|
|
Current Payment Due
|
$ 20,862.67
|
WHEREAS, the Engineer and Contractor have now certified to the City Clerk that
work is completed as of November 5, 2004, as shown by Exhibit “D” attached
hereto and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 3 as
shown on Exhibit “A”, Change Order No. 4 as shown on Exhibit “B”, Application
and Certificate for Payment No. 8-Final as shown on Exhibit “C”, and the
Certificate of Substantial Completion as shown on Exhibit “D” be and are hereby
accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF DECEMBER, 2004.
ATTEST:
RANDY
BUSCHKOETTER,
VICE-PRESIDENT
OF THE COUNCIL
AND EX-OFFICIO
MAYOR
MICHAELLE
E. TREMBLY,
CITY CLERK
14.
Approve Change Order No. 1 for an increase in the amount of $660.00,
Application and Certificate for Payment No. 2 in the amount of $242,598.01
submitted by Blessing, LLC and approved by Miller & Associates for the 2004
Part I Improvements – Phase III consisting of Paving Improvement District
No. 2004-885 for 30th Avenue from 31st Street north to 39th Street and approve
Resolution No. 2004-241.
RESOLUTION
NO. 2004-241
WHEREAS, Blessing, LLC has performed
services in connection with the 2004 Part I Improvements – Phase III
consisting of Paving Improvement District No. 2004-885 for 30th Avenue from
31st Street north to 39th Street, and the City's engineer, Miller &
Associates, have filed with the City Clerk Change Order No. 1 for an increase
in the amount of $660.00 as shown on Exhibit “A” attached hereto and made a
part hereof; and
WHEREAS, Blessing, LLC and Miller
& Associates have filed with the City Clerk Application and Certificate for
Payment No. 2 in the amount of $242,598.01 as shown on Exhibit “B” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$945,531.50
|
|
Change Order No. 1 (12-28-2004)
|
+
660.00
|
|
Contract Sum To Date
|
946,191.50
|
|
Gross Amount Due
|
365,777.70
|
|
Retainage
|
36,577.77
|
|
Amount Due to Date
|
329,199.93
|
|
Less Previous Certificates for Payment
|
86,601.92
|
|
Current Payment Due
|
$242,598.01
|
NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as
shown on Exhibit “A” and Application and Certificate for Payment No. 2 as shown
on Exhibit “B”, be and are hereby accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF DECEMBER, 2004.
ATTEST:
RANDY
BUSCHKOETTER,
VICE-PRESIDENT
OF THE COUNCIL
AND EX-OFFICIO
MAYOR
MICHAELLE
E. TREMBLY,
CITY CLERK
15.
Approve Application and Certificate for Payment No. 2 in the amount of
$196,943.38 submitted by Paulsen, Inc. and approved by Miller & Associates
for the 2004 Part I Improvements – Phase IV consisting of Paving
Improvement District No. 2004-885 for 30th Avenue from Highway 30 south to LaCrosse
Road and approve Resolution No. 2004-242.
RESOLUTION
NO. 2004-242
WHEREAS, Paulsen, Inc. has performed
services in connection with the 2004 Part I Improvements – Phase IV
consisting of Paving Improvement District No. 2004-885 for 30th Avenue from
Highway 30 south to LaCrosse Road, and the City's engineer, Miller &
Associates, have filed with the City Clerk Application and Certificate for
Payment No. 2 in the amount of $196,943.38 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$776,763.00
|
|
Change Order No. 1 (9-28-2004)
|
-128,000.00
|
|
Contract Sum To Date
|
648,763.00
|
|
Gross Amount Due
|
489,130.79
|
|
Retainage
|
24,456.54
|
|
Amount Due to Date
|
464,674.25
|
|
Less Previous Certificates for Payment
|
267,730.87
|
|
Current Payment Due
|
$196,943.38
|
NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 2 as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 28TH DAY OF DECEMBER, 2004.
ATTEST:
RANDY
BUSCHKOETTER,
VICE-PRESIDENT
OF THE COUNCIL
AND EX-OFFICIO
MAYOR
MICHAELLE
E. TREMBLY,
CITY CLERK
16.
Adopt the new Official Zoning Map of the City of Kearney, Nebraska and approve
Resolution No. 2004-243.
RESOLUTION NO. 2004-243
WHEREAS, Ordinance No. 6864, passed and approved by the Kearney City Council on
March 12, 2002 adopted the City’s Official Zoning Map as of April 15, 2002; and
WHEREAS, in accordance with Section 14-106 “Zoning Map” of Chapter 14 “Zoning
District Regulations” of the Kearney City Code, the City Council may from time
to time adopt a new official zoning map which shall supersede the prior
official zoning map, in the event that the official zoning map becomes damaged
or destroyed; or for purposes of clarity due to a number of boundary changes,
or to correcting drafting errors or omissions; and
WHEREAS, it is necessary to adopt a new zoning map due to the number of
boundary changes and errors found on the current zoning map.
NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of
Kearney, Nebraska, that the Official Zoning Map dated December 2004 be and is
hereby adopted as the City’s Official Zoning Map as of December 31, 2004. A
condensed version of the Official Zoning Map is marked as Exhibit “A” attached
hereto and made a part hereof by reference. The full version of the Official
Zoning Map is filed in the Office of the Public Works/Building and Zoning
Division.
PASSED AND APPROVED THIS 28TH DAY OF DECEMBER, 2004.
ATTEST:
RANDY
BUSCHKOETTER,
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY,
CITY CLERK
17.
Authorize the transfer from Illinois PCS Wireless, Inc. to TCP Communications, LLC.
the Conditional Use Permit issued by Ordinance No. 6821 granting the location
of a 190-foot self supported wireless communications tower and radio equipment
and pad on property located at 855 Avenue M and approve Resolution No.
2004-244.
RESOLUTION NO.
2004-244
WHEREAS, on September 11, 2001 Ordinance No. 6821 (Conditional Use Permit) was
passed and approved by the Kearney City Council to authorize Illinois PCS
Wireless, Inc. and O & O Farms, Inc. to locate a 190-foot self supported
wireless communications tower and radio equipment and pad on property zoned
“District AG, Agricultural District” and located on Lots 3, 4, 5 and 6 in the
South Half of Section 7, Township 8, Range 15 center Township, Buffalo County,
Nebraska together with all accretions thereunto and belonging subject to a
strip of land 17 feet wide on the west side of Lot 3 deeded to the City of
Kearney, in Section 7, Township 8 North, Range 15 West of the 6th P.M., Buffalo
County, Nebraska, lying north of the North Bank of the North Channel of the
Platte River, all in Buffalo County, Nebraska (855 Avenue M); and
WHEREAS, the aforesaid Conditional Use Permit does not allow Illinois PCS
Wireless, Inc. and O & O Farms, Inc. to assign or transfer the permit or
any of the rights or privileges under the permit except on prior written
approval by the City Council; and
WHEREAS, on TCP Communications LLC notified the City that TCP Communications
LLC and iPCS Wireless, Inc., a Delaware corporation, the successor-by merger to
Illinois PCS Wireless, Inc. have signed an Agreement under which TCP may
purchase iPCS’s assets located on the above-described Conditional Use Permit,
and has requested the City’s consent to the assignment of the Conditional Use
Permit to TCP Communications LLC; and
WHEREAS, on November 24, 2004, the City of Kearney received a letter from the
law firm of Fox Rothschild, Attorneys at Law, on behalf of TCP Communications
LLC requesting that the City transfer the Conditional Use Ordinance from
Illinois PCS Wireless, Inc. and O & O Farms, Inc. to TCP Communications
LLC.
NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of
Kearney, Nebraska, that the transfer of the said Conditional Use Permit granted
to Illinois PCS Wireless, Inc. and O & O Farms, Inc. by Ordinance No. 6821
of the City of Kearney, to TCP Communications LLC is hereby authorized and
approved.
BE IT FURTHER RESOLVED that the condition of the transfer and assignment is that
TCP Communications LLC shall be and is hereby bound to the same duties,
obligations, rights and privileges which are presently incumbent upon Illinois
PCS Wireless, Inc. and O & O Farms, Inc., including the terms, conditions
and provisions of Ordinance No. 6821.
BE IT FURTHER RESOLVED that the City Clerk shall properly annotate the City
records to reflect that the said Conditional Use Permit has been assigned and
transferred from Illinois PCS Wireless, Inc. and O & O Farms, Inc. to TCP
Communications LLC.
PASSED AND APPROVED THIS 28TH DAY OF DECEMBER, 2004.
ATTEST:
RANDY
BUSCHKOETTER,
VICE-PRESIDENT
OF THE COUNCIL
AND EX-OFFICIO
MAYOR
MICHAELLE
E. TREMBLY,
CITY CLERK
18.
Approve the request submitted by the Kearney Family YMCA to conduct the
“Resolution Run” on January 1, 2005 beginning at 9:00 a.m. The route for the
race is to begin/finish at the YMCA, south on 7th Avenue, east on 42nd Street,
south on 6th Avenue, west on 35th Street, and south on Country Club Lane to The
Buckle and back.
V. CONSENT AGENDA
ORDINANCES
None.
VI. REGULAR AGENDA
ORDINANCE NO. 7140 – AMEND SECTION
1-210 “MEETINGS” OF THE KEARNEY CITY CODE
At the last Council meeting, Council member Clouse discussed
briefly changing the time of the regular Council meetings from 7:30 p.m. to
7:00 p.m. The Council members seemed to be agreeable with this suggestion and
directed Administration to prepare an ordinance changing the time. Ordinance
No. 7140 proposes to amend Section 1-210 “Meetings” of Article 2 “City Council”
of the Kearney City Code changing the time of the regular City Council meetings
from 7:30 p.m. to 7:00 p.m. In accordance with Section 19-3701 of the Nebraska
Revised Statutes, the Ordinance will become effective on or after January 12,
2005. Therefore, the meeting of January 25, 2005 will be the first meeting the
Council meeting will be held at 7:00 p.m.
Council Member Clouse introduced Ordinance No. 7140, being
Subsection 1 of Agenda Item VI to amend Section 1-210 “Meetings” of Article 2
“City Council” of Chapter 1 “Administration” of the Code of the City of Kearney
to change the time of the regular Council meetings from 7:30 p.m. to 7:00 p.m.,
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 Lear seconded
the motion to suspend the rules. Vice-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: Buschkoetter,
Kearney, Lear, Clouse. Nay: None. Hadley absent. 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. 7140 by number. Roll
call of those in favor of the passage of said ordinance on the first reading
resulted as follows: Aye: Buschkoetter, Kearney, Lear, Clouse. Nay: None. Hadley
absent. Motion carried. Ordinance was read by number.
Moved by Lear seconded by Buschkoetter that Ordinance No.
7140 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Buschkoetter, Lear, Clouse, Kearney. Nay: None. Hadley absent.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7140 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.
NEBRASKA FIREFIGHTERS FOUNDATION
Vice-President Buschkoetter opened for discussion the
request submitted by the Nebraska Firefighters Foundation to grant a permit for
the placement of a manufactured home located at 2180 25th Road for security
purposes for an indefinite period of time.
The Nebraska Firefighters Foundation has written the City
Council with a request to locate a manufactured home on the same site as the
museum for security purposes. Article 9-904 of the City Code allows the
use of a manufactured home as a residence for a caretaker or watchman when
approved by Council. This property is located in Kearney County within
the Two-Mile Extra Territorial Jurisdiction of the City.
In July 1996, Interstate Structures, Inc., the former owners
of the building that now houses the museum, made a similar request to
Council. The request was granted with no time limitations and a
manufactured home was present until Interstate Structures closed earlier this
year. The Firefighters Foundation is simply asking to continue a
previously approved request under new ownership. They too, ask that the
agreement be unlimited in time duration.
Doralene Weed, from the Nebraska Firefighters Foundation
presented this matter to the Council. She requested to continue a special use
permit for a manufactured home located at 2180 25th Road, which is the former
Interstate Structures building and is now owned by the Nebraska Firefighter
Foundation. This is the site where they want to locate the Firefighters
Museum and Hall of Fame, which will be Kearney’s second state museum. The
home has been there for some time and is kept for security purposes.
There are two college boys that live in it and there has been no further
vandalism in that area since the purchase of that property. Since this
structure is allowed to be there on a temporary conditional use permit, they
are requesting to leave it there until the museum is up and running. The
Foundation is entering into their feasibility study phase and
hopefully by March they will have an announcement about when they plan to begin
the capital campaign. Firefighters across the state are excited about
this because it has been a dream of theirs. The location will be great
right next to the Kearney Event Center.
Moved by Buschkoetter seconded by Kearney to approve the
request submitted by the Nebraska Firefighters Foundation to grant a permit for
the placement of a manufactured home located at 2180 25th Road for security
purposes for an indefinite period of time. Roll call resulted as follows: Aye:
Buschkoetter, Clouse, Kearney, Lear. Nay: None. Hadley absent. Motion carried.
OPEN ACCOUNT CLAIMS -- NEBRASKA
PUBLIC POWER DISTRICT -- $51,487.34; FREMONT NATIONAL BANK -- $20,743.40; AND
UNK -- $1,000.00
Moved by Kearney seconded by Lear that Open Account Claims
in the amount of $51,487.34 payable to Nebraska Public Power District and in
the amount of $1,000.00 payable to UNK be allowed. Roll call resulted as
follows: Aye: Buschkoetter, Kearney, Lear. Nay: None. Clouse abstained. Hadley
absent. Motion carried.
Moved by Clouse seconded by Buschkoetter that Open Account
Claims in the amount of $20,743.40 payable to Fremont National Bank be allowed.
Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney. Nay: None.
Lear abstained. Hadley absent. Motion carried.
VII. REPORTS
CITY MANAGER COMMENDED FOR HIS
OUTSTANDING WORK
Council Member Buschkoetter stated that he has been on the
Council for six years and it is really bittersweet saying good-bye to City
Manager Allen Johnson. He really appreciated how Mr. Johnson took the
“kid from the wrong side of the tracks” under his wing in the early going and
showed him how things work. In an e-mail received from Mr. Johnson
earlier about training his replacement, he stated it was kind of like “helping
someone court your wife”. Council member Buschkoetter stated that to him that
showed how Mr. Johnson approached the job and embraced the community, which in
turn embraced him. He believed that is one reason Mr. Johnson has been so
successful. When Mr. Johnson first came to Kearney the City was filled
with a lot of angst. Mr. Johnson helped the Council to get past
that, to fly and go our own way under his tutelage. Council member
Buschkoetter expressed his appreciation for all Mr. Johnson has done for the
community and wished him the best of luck.
All Council members reiterated and agreed that Mr. Johnson has
been a godsend to the community and wished him the best.
City Manager Allen Johnson stated that what has made the
“process” so pleasurable was that the Council has been able to work so well together.
He alluded to them in the past that has not always been the case in other
communities where he has worked. He believed that has been the
outstanding thing about this Council. Obviously not everyone agrees all
of the time, but they treat each other with respect. Their bottom line is
what is best for Kearney.
VIII. ADJOURN
Moved by Clouse seconded by Lear that Council adjourn at
7:54 p.m. Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney,
Lear. Nay: None. Hadley absent. Motion carried.
RANDY BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK