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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