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Kearney, Nebraska

February 8, 2005

7:00 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on February 8, 2005, in the Council Chambers at City Hall.  Present were: Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent: None.  Michael W. Morgan, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Marvon Reichert, Dana Daniels, George Syring, Richard Lush, Bob McCoy, Bruce Grupe, Gary Story, Neal Lewis, Paul Wice from KGFW Radio, and Mike Konz from Kearney Hub.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

The Mayor and Council held a moment of silence.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Drew Syring, Tristen Wiles, Braden Topol 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

 

ONE & SIX YEAR STREET IMPROVEMENT PLAN

 

Mayor Hadley opened the public hearing on the One and Six Year Street Improvement Plan and to consider approval of Resolution No. 2005-12.

 

The Department of Roads, and each county and municipality shall develop and file with the Board of Public Roads Classifications and Standards a long-range, six-year plan of highway, road and street improvements based on priority of needs and calculated to contribute to the orderly development of an integrated statewide system of highways, roads, and streets.  In accordance with Section 39-2119 of the Nebraska Revised Statutes, the City of Kearney is required to submit to the Nebraska Department of Roads (NDOR) a One and Six Year Plan for street improvements prior to March 1 of each year. City Council has received the proposed plan and, in accordance with the law, must conduct a public hearing for soliciting input from the Council and citizens.

 

At the January 25, 2005 City Council Meeting Gary Story (Transportation Superintendent) and Bruce Grupe (City Engineer) presented the projects for this year’s One and Six Year Plans.  Since that meeting the University Drive and Lakeview Drive Intersection Upgrade was moved from the One Year Plan to the Six Year plan.  Attached is the proposed 2005 One and Six Year Plan. The proposed plan incorporates street improvements from the previous Six Year Plan, various new improvements related to community development, and other street/reconstruction needs.

 

Transportation Superintendent Gary Story stated that since the last Council meeting, they have made one change regarding Project #213 for University Drive and Lakeview Drive intersection, which was moved from the One Year to the Six Year Plan.  He did not receive any calls or questions regarding the One and Six Year Plans as presented.  Council member Clouse stated that he has had no calls and everyone that he has talked to has been positive about the plans. Council member Kearney agreed.  Council member Buschkoetter stated that he had talked to some people that previously had some concerns, but since getting the information from the last meeting thought that the City is on the right path.  Mayor Hadley stated that he had not received any calls and is amazed at the support and developer funding we have for our growing City.

 

Marvon Reichert, 810 Rolling Hills, questioned when the City would extend 39th Street from 30th Avenue to Cottonmill.  He believes that Rolling Hills needs to have another exit in addition to the existing one and has concerns about the future safety of the bridge.  Director of Public Works Rod Wiederspan responded that this is the first year this project has been on the Six Year Plan.  The County has had it on their plan for a number of years.  As things have developed west from Cottonmill to the east and subdivisions have come on line there has been some property dedicated for the right-of way.  At the present time, there is no right-of-way all the way through. There was discussion at the County meeting this month about extending it from Cedar Hills out to Dove Hill and working on it as a joint venture.  The City will look at it and see if they can come up with a plan with the County. Mr. Wiederspan stated that the developer for Rolling Hills and Equestrian Hills could not develop any further until there is another access or another entrance into Rolling Hills.  The City made that stipulation when the subdivision for Equestrian Hills was approved. Mayor Hadley stated that on the north edge of the Meadowlark Golf Course is also City property with potential use of part of that land.  Mr. Wiederspan stated that the City owns half a mile west of 30th Avenue.

 

Mr. Reichert also stated that he was not sure if the City was involved in the talk about redirecting Highway 30, but stated even if that happens he believed that they would still need a stoplight on that intersection.  Redirecting Highway 30 would not alleviate the traffic getting on and off the highway. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the One and Six Year Street Improvement Plan and approve Resolution No. 2005-12.  Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-12

 

            WHEREAS, the City of Kearney, Nebraska is required by Section 39-2119 of the Nebraska Revised Statutes to adopt a One and Six Year Street Improvement Program.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, at a Public Hearing held at approximately 7:00 p.m. on February 8, 2005, in the Kearney City Council Chambers that the One Year City Street Plan for fiscal year ending September 30, 2006 and the Six Year City Street Plan ending September 30, 2011, are hereby adopted as listed on the Summary of One Year Plan and the Summary of Six Year Plan, marked as Exhibit “A” attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 8TH DAY OF FEBRUARY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

REZONING – NORTH OF 50TH STREET WEST OF 2ND AVENUE

 

Mayor Hadley stated that the applicant has submitted a letter to the City requesting this matter to be tabled until March 8, 2005.

 

Moved by Clouse seconded by Lear to table until March 8, 2005 the Application submitted by Ronald Ridgway (Applicant) for Sorensen Acres, LLC (Owner) to rezone from “District AG, Agricultural District” to “District C-2/PD, Community Commercial District/Planned Development Overlay District” property containing 4.05 acres, more or less, and to “District C-2, Community Commercial District” property containing 2.44 acres, more or less, all located in a tract of land being part of the East Half of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (north of 50th Street west of 2nd Avenue). Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

DEVELOPMENT PLAN – WEST OF 3RD AVENUE SOUTH OF 52ND STREET

 

Mayor Hadley stated that the applicant has submitted a letter to the City requesting this matter to be tabled until March 8, 2005.

 

Moved by Clouse seconded by Lear to table until March 8, 2005 the Application submitted by Stanley Gould (Applicant) and Sorensen Acres, LLC (Owner) for Planned District Development Plan Approval for the construction of a shopping center on property to be rezoned to ‘District C-2/PD, Community Commercial District/Planned Development Overlay District” for Phase I and property zoned “District AG, Agricultural District” for Phase II, for a tract of land described as being part of the East Half of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 6.45 acres, more or less, Buffalo County, Nebraska (west of 3rd Avenue south of 52nd Street). Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

INCLUSION OF SORENSEN PARK FOURTH ADDITION TO CITY LIMITS

 

Mayor Hadley stated that the applicant has submitted a letter to the City requesting this matter to be tabled until March 8, 2005.

 

Moved by Clouse seconded by Lear to table until March 8, 2005 the Application submitted by Ronald Ridgway (Applicant) for Sorensen Acres, LLC (Owner) for the inclusion of “SORENSEN PARK FOURTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the East Half of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 7.03 acres, more or less, Buffalo County, Nebraska (between 50th Street and 52nd Street west of 2nd Avenue). Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

FINAL PLAT – SORENSEN PARK FOURTH ADDITION

 

Mayor Hadley stated that the applicant has submitted a letter to the City requesting this matter to be tabled until March 8, 2005.

 

Moved by Clouse seconded by Lear to table until March 8, 2005 the Application submitted by Ronald Ridgway (Applicant) for Sorensen Acres, LLC (Owner) for final plat approval for “SORENSEN PARK FOURTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the East Half of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 7.03 acres, more or less, Buffalo County, Nebraska (between 50th Street and 52nd Street west of 2nd Avenue). Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

IV.    CONSENT  AGENDA

 

Council member Lear abstained from voting for the reason he had a conflict with Subsection 5 on the appointment of Timothy Thiele. Mr. Thiele is employed at Platte Valley State Bank.

 

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

 

1.         Approve Minutes of Regular Meeting held January 25, 2005.

 

2.         Approve the following Claims: AFLAC $1,584.00 Ded; Alamar $477.00 Various; Alltel $4,365.67 Serv; AMAX $107.68 Su; Amer Electric $1,368.00 Rep; AmerUS Life Ins $1,220.00 Prem; AT&T $106.13 Serv; Austin, J $53.48 Tr; B&B Auto Glass $379.00 Rep; Baker & Taylor $2,139.54 Bks; Bamford $243.81 Rep; Barco $4,005.00 Su; BBC Audiobooks $65.00 Bks; Beachner Construction $89,331.46 Serv; Big Flag Farm Supply $41.60 Inv; Blessing $48,529.69 Serv; BlueCross Blue Shield $80,836.11 Claims; Broadfoot Sand $1,947.00 Various; Brookings Municipal Utilities $13,330.00 Serv; Bruha, S $259.44 Tr; Buffalo Co Comm Partners $114.00 Fees; Buffalo Co Courthouse $40.00 Fees; Buffalo Co Court $329.08 Ded; Butler Voigt & Stewart $1,071.00 Serv; CH2M Hill $1,092.41 Serv; CHAD $16.00 Ded; Charter Paging $21.92 Serv; Cherry, C $20.00 Reim; City of Ky $169,902.65 Various; City of Salina $889.44 Prem; CLH $309.00 Serv; College Directory $350.00 Serv; College Savings Plan of NE $50.00 Ded; Component Tech $113.82 Rep; Conner, D $53.48 Tr; Conseco Life Ins $38.00 Ded; Crocker Monogramming $121.00 Cla; Crossroads Ford $1,727.91 Rep; Culligan $235.00 Various; D&S Lighting $7.00 Su; Dell $1,739.78 Various; Double M Farms $2,000.00 Serv; Dowling, J $50.00 Rep; Dreyer, D $151.33 Various; Dugan Business Forms $528.63 Su; Dutton-Lainson $138.69 Various; Eakes $1,615.77 Various; Ecolab $27.00 Su; Elliott $179.43 Su; Envirotech Services $8,522.95 Su; Farmers Union $1,007.10 Various; Fenmore, C $108.00 Serv; Freburg, N $184.62 Ded; Frontier $778.04 Serv; Gall's $1,962.81 Incentives; Garrett Tires $689.05 Rep; Gaylord Bros $71.19 Serv; Goodner, D $79.05 Reim; GrASP $75.00 Tr; Grimes, J $19.41 Reim; Gryphon Wireless $15,000.00 Lease; Guthrie, T $20.00 Reim; Hach $152.00 Rep; Harley Davidson $17,572.70 Vehicle; HER0247.Com $154.50 Cla; Highsmith $14.53 Su; Holmes Plbg $156.78 Rep; Hometown Leasing $208.91 Serv; IACP $100.00 Dues; ICMA RC $2,728.57 Ded; Inland Truck Parts $358.60 Su; IRS $81,472.54 Ded; James, D $259.44 Tr; Johnson Services $243.00 Rep; Ky Area United Way $2,464.76 Various; Ky Chamber of Commerce $35.00 Serv; Ky Hub $126.00 Dues; Ky Winnelson $3,253.27 Various; Kirkham Michael & Assoc $12,621.58 Serv; Kirkwood, M $32.10 Tr; Klingelhoefer, J $20.00 Ref; Klinginsmith, M $20.00 Ref; Koalaplay Group $2,950.00 Serv; Kooyman, R $200.00 Ins; Lang, L $124.45 Tr; Lasertec of NE $629.97 Su; Laughlin, K $360.00 Ded; Linda's Upholstery $114.97 Su; Location Tech $806.50 Serv; Luke, D $241.60 Tr; Magic Cleaning $850.00 Serv; Maines Electric $2,386.94 Rep; Marchand, M $122.90 Tr; Marlatt Machine Shop $449.00 Various; Mattley Adv & Design $30.00 Serv; McCollister $409.86 Inv; Metlife $3,885.93 Ded; Michael Todd & Co $1,050.00 Inv; Mid America Pay Phones $100.00 Serv; Midwest Turf $114.71 Rep; Miller & Associates $10,186.00 Serv; Mosbarger, B $200.00 Ins; Motorola $2,439.00 Serv; Municipal Pipe Tool $278.13 Rep; Murphy Tractor $11,045.46 Rep; NAPA $31.36 Su; Nat'l Paper Supply $111.74 Su; NWWA $14,480.74 Various; NE Assoc of Airport Officials $200.00 Rep; NE Child Support $1,045.43 Ded; NE Dept of Revenue $57,968.10 Various; NE Health Lab $1,122.00 Su; NE Municipal Clerks Assoc $60.00 Dues; NE Onsite Waste Water Assoc $135.00 Tr; NE Salt & Grain $10,353.71 Su; NE Supreme Court $132.00 Various; Northwestern Energy $6,986.43 Serv; Office Depot $872.09 Su; Officenet $122.41 Su; Olsson Associates $2,300.85 Serv; Olympia Petroleum $1,069.36 Lease; On-Site Mobile Sharpening $48.28 Su; Orr, L $100.00 Cla; Paramount $16.00 Rep; Paulsen $13,447.64 Serv; Payflex Systems $391.00 Various; Platte Valley Comm $24.00 Serv; Pool, K $20.00 Ref; Postmaster $774.00 Pstg; Preferred Mail $27.19 Pstg; Premier Contractors $2,300.00 Serv; Presto-X $145.00 Rep; Random House $364.80 Bks; Recorded Books $243.55 Bks; Riverside Animal Hospital $2,198.50 Serv; Roper's Radiator $369.39 Su; Safety League $367.95 Various; School District #7 $1,121.20 Remittance; Sheldon, S $48.14 Cla; Sherwin Williams $739.21 Various; Showcases $399.60 Serv; Sign Center $115.00 Rep; Smithsonian $12.00 Bks; Snap On Tools $19.95 Su; Sprint $81.31 Serv; Starostka Group $54,959.47 Serv; State of NE DAS Comm $27.16 Serv; State of NE Dept of HHS $119.00 License; Thompson, J $53.48 Tr; Thompson, K $13.71 Tr; Tool Doctor $70.00 Su; Turner Body Shop $45.00 Serv; Union Oil $12,927.00 Inv; Van Diest Supply $5,118.45 Various; Video Kingdom $89.99 Su; Village Uniform $350.02 Various; Walsh, C $27.64 Tr; Washington State Support $102.01 Ded; Wellness Works $250.00 Fees; Wiederspan, R $43.84 Reim; Yellow Van Cleaning $299.50 Rep; Payroll Ending 01-22-2005 -- $248,855.97.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve the Developer Constructed Infrastructure Agreement for Eastbrooke Seventh Addition between the City of Kearney and C & C Development and Central Contracting Corp. to construct public improvements and approve Resolution No. 2005-16.

 

RESOLUTION NO. 2005-16

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” for Eastbrooke Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska be and is hereby accepted and approved. A copy of said Agreement marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and C & C Development and Central Contracting Corp., and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 8TH DAY OF FEBRUARY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

4.         Approve the request submitted by the UNK Loper Programming and Activities Council to conduct the 3rd Annual Fun 5K Race/Walk on April 16, 2005 beginning at 8:30 a.m. The Route will begin at the UNK Practice Field on 15th Avenue, west on North Railroad Street, continuing on the 30th Avenue Overpass, east on 11th Street and south on Kea West Road and ending at Yanney Park.

 

5.         Approve the recommendation by the Mayor on the reappointment of Randy DeFreece to serve on the Park and Recreation Advisory Board, and the appointment of Timothy Thiele to serve on the City of Kearney Facilities Corporation.

 

6.         Approve the recommendation from Administration on accepting the public improvements for Grace Addition that was constructed under a Developer Constructed Infrastructure Agreement and approve Resolution No. 2005-17.

 

RESOLUTION NO. 2005-17

 

            WHEREAS, on the 13th day of July, 2004, the President and Council of the City of Kearney, Nebraska passed and approved Resolution No. 2004-119 authorizing the President of the Council to execute the Developer Constructed Infrastructure Agreement between the City of Kearney and DT Development, Inc. for the installation of public infrastructure in Grace Addition; and

            WHEREAS, the Developer has constructed the public improvements which include water, sanitary sewer, paving, and storm sewer in accordance with the requirements and standards set forth in Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney; and

            WHEREAS, in accordance with Section 9-1318 “Acceptance of Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney the Developer has, by and through its attorney, certified to the City that there are no liens or other encumbrances against the construction work; and

            WHEREAS, the City’s Engineers have determined that the work is in compliance with the design and is complete.

            NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the public improvements which include water, sanitary sewer, paving, and storm sewer for Grace Addition, an addition to the City of Kearney, Buffalo County, Nebraska have been constructed in accordance with Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney and that the said public improvements be and are hereby accepted.

            PASSED AND APPROVED THIS 8TH DAY OF FEBRUARY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

7.         Approve the recommendation from Administration on rejecting the bids received for a tractor/loader backhoe for the Utilities/Water Distribution Division.

 

8.         Approve Change Order No. 1 showing an increase in the amount of $796.00, Application and Certificate for Payment No. 1-Final in the amount $127,248.00, and the Certificate of Substantial Completion submitted by Midlands Contracting and approved by Miller & Associates for the 2004 Part IX Improvements – Bid A consisting of Water District No. 2004-535 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; Sewer District No. 2004-478 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2005-18.

 

RESOLUTION NO. 2005-18

 

WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2004 Part IX Improvements – Bid A consisting of Water District No. 2004-535 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; Sewer District No. 2004-478 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $796.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Midlands Contracting, Inc. and Miller & Associates have filed with the City Clerk Application and Certificate for Payment No. 1-Final in the amount of $127,248.00 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$126,452.00

     Change Order No. 1 (2-8-2005)

+      796.00

 

 

Contract Sum To Date

127,248.00

Gross Amount Due

127,248.00

Retainage

.00

Amount Due to Date

127,248.00

Less Previous Certificates for Payment

            .00

Current Payment Due

$127,248.00

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of December 21, 2004, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as shown on Exhibit “A”, Application and Certificate for Payment No. 1-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 8TH DAY OF FEBRUARY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

9.         Approve the application for a Special Designated License submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class D/K61563 Catering Liquor License to dispense beer, wine and distilled spirits in the Exposition Building at the Buffalo County Fairgrounds, 3807 Avenue N, on March 11 and 12, 2005 from 5:00 p.m. until 1:00 a.m. each day in connection with a rodeo.

 

10.        Approve the application for a Special Designated License submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class D/K61563 Catering Liquor License to dispense beer, wine and distilled spirits in the Exhibit Building at the Buffalo County Fairgrounds, 3807 Avenue N, on March 19, 2005 from 8:00 a.m. until 1:00 a.m. in connection with a motorcycle show.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7144 – REZONING; NORTH OF 50TH STREET WEST OF 2ND AVENUE

 

Mayor Hadley stated that the applicant has submitted a letter to the City requesting this matter to be tabled until March 8, 2005.

 

Moved by Hadley seconded by Kearney to table until March 8, 2005 Ordinance No. 7144 rezoning from “District AG, Agricultural District” to “District C-2/PD, Community Commercial District/Planned Development Overlay District” property containing 4.05 acres, more or less, and to “District C-2, Community Commercial District” property containing 2.44 acres, more or less, all located in a tract of land being part of the East Half of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (north of 50th Street west of 2nd Avenue). Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

ORDINANCE NO. 7145 – WATER CONNECTION DISTRICT NO. 2005-1

 

Regular Agenda Items 2, 3 and 4 were discussed together.

 

Director of Utilities Kirk Stocker stated in this year’s budget the City of Kearney included $700,000.00 to construct three water connection districts around Northwest Kearney. This project was referred to as the Northwest Water Main Loop in last year’s Long Range Goals.  The water main is needed in order to loop the City water system for future development in Northwest Kearney and in order for the City water system to be able to accept water delivered from the proposed Northwest Wellfield.

 

Water Connection District No. 2005-1 is being created to construct a water main in 56th Street from 30th Avenue to 17th Avenue.  Water Connection District No. 2005-2 is being created to construct a water main in 17th Avenue northward 1,000 feet from 56th Street.  Water Connection District No. 2005-3 is being created to construct a water main in 30th Avenue from 48th Street to 56th Street.

 

The 30th Avenue and 56th Street water mains are planned to be 24-inch diameter in order to accept water from the proposed Northwest Wellfield, which is being designed to deliver up to 9 million gallons of water per day to the City.  The 56th Street and 30th Avenue water mains will connect to existing 16-inch diameter water mains.

 

The 17th Avenue water main will be a 16-inch diameter water main and is being included in the project to serve potential development that can be served by the existing sanitary sewer main located in 56th Street.  Also, constructing the 17th Avenue water main now will allow the water main to be built ahead of possible changes to the 17th Avenue and 56th Street intersection that may come about in the future, without disrupting water service to future developments located north of 56th Street.

 

Council Member Kearney introduced Ordinance No. 7145, being Subsection 2 of Agenda Item VI to create Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7145 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7145 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7145 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7146 – WATER CONNECTION DISTRICT NO. 2005-2

 

Regular Agenda Items 2, 3 and 4 were discussed together.

 

Director of Utilities Kirk Stocker stated in this year’s budget the City of Kearney included $700,000.00 to construct three water connection districts around Northwest Kearney. This project was referred to as the Northwest Water Main Loop in last year’s Long Range Goals.  The water main is needed in order to loop the City water system for future development in Northwest Kearney and in order for the City water system to be able to accept water delivered from the proposed Northwest Wellfield.

 

Water Connection District No. 2005-1 is being created to construct a water main in 56th Street from 30th Avenue to 17th Avenue.  Water Connection District No. 2005-2 is being created to construct a water main in 17th Avenue northward 1,000 feet from 56th Street.  Water Connection District No. 2005-3 is being created to construct a water main in 30th Avenue from 48th Street to 56th Street.

 

The 30th Avenue and 56th Street water mains are planned to be 24-inch diameter in order to accept water from the proposed Northwest Wellfield, which is being designed to deliver up to 9 million gallons of water per day to the City.  The 56th Street and 30th Avenue water mains will connect to existing 16-inch diameter water mains.

 

The 17th Avenue water main will be a 16-inch diameter water main and is being included in the project to serve potential development that can be served by the existing sanitary sewer main located in 56th Street.  Also, constructing the 17th Avenue water main now will allow the water main to be built ahead of possible changes to the 17th Avenue and 56th Street intersection that may come about in the future, without disrupting water service to future developments located north of 56th Street.

 

Council Member Kearney introduced Ordinance No. 7146, being Subsection 3 of Agenda Item VI to create Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7146 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7146 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7146 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7147 – WATER CONNECTION DISTRICT NO. 2005-3

 

Regular Agenda Items 2, 3 and 4 were discussed together.

 

Director of Utilities Kirk Stocker stated in this year’s budget the City of Kearney included $700,000.00 to construct three water connection districts around Northwest Kearney. This project was referred to as the Northwest Water Main Loop in last year’s Long Range Goals.  The water main is needed in order to loop the City water system for future development in Northwest Kearney and in order for the City water system to be able to accept water delivered from the proposed Northwest Wellfield.

 

Water Connection District No. 2005-1 is being created to construct a water main in 56th Street from 30th Avenue to 17th Avenue.  Water Connection District No. 2005-2 is being created to construct a water main in 17th Avenue northward 1,000 feet from 56th Street.  Water Connection District No. 2005-3 is being created to construct a water main in 30th Avenue from 48th Street to 56th Street.

 

The 30th Avenue and 56th Street water mains are planned to be 24-inch diameter in order to accept water from the proposed Northwest Wellfield, which is being designed to deliver up to 9 million gallons of water per day to the City.  The 56th Street and 30th Avenue water mains will connect to existing 16-inch diameter water mains.

 

The 17th Avenue water main will be a 16-inch diameter water main and is being included in the project to serve potential development that can be served by the existing sanitary sewer main located in 56th Street.  Also, constructing the 17th Avenue water main now will allow the water main to be built ahead of possible changes to the 17th Avenue and 56th Street intersection that may come about in the future, without disrupting water service to future developments located north of 56th Street.

 

Council Member Kearney introduced Ordinance No. 7147, being Subsection 4 of Agenda Item VI to create Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7147 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7147 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7147 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7148 – PAVING DISTRICT NO. 2005-893

 

Regular Agenda Items 5, 6 and 7 were discussed together.

 

Director of Public Works Rod Wiederspan stated Chapter 16 of the Nebraska Revised Statutes spells out the rules by which paving, water, and sewer districts may be created in public entities.  Basically, the Council has the power to create districts and make improvements and assess the costs to the property which is benefited by the improvements.

 

After such a district has been requested, the Mayor and Council by ordinance shall create districts according to Sections 16-619 and 16-667 of the Nebraska Revised Statutes.  At that time, the City must publish notice of the creation of the district one time each week for not less than 20 days in a daily or weekly newspaper of general circulation in the City.  After publication, if the owners of the record title representing more than 50% of the front footage of the property abutting or adjoining any continuous or extending improvements objects in writing within 20 days (30 days for water and sewer) from the first publication of said notice the work will not be done.  If objections are not filed against the district in a timely manner which meets the law, the Mayor and Council shall proceed to construct such improvements.

 

The City received a letter from Fred Hammer requesting that paving, water and sewer districts be created within 9th Avenue from 10th Street to 11th Street and for 10th Street from 9th Avenue east a distance of 604± feet.  Administration has been working with Mr. Hammer and Mr. Hammer has changed his request to improve 9th Avenue only at this time. According to the state statutes, the Council has the authority to pass ordinances which would create the districts and begin the process prescribed by law.

 

Because the developer has requested to develop this land, the ordinances require him to deposit fifty percent of the total estimated cost of the districts as provided in Section 57-102 of the Unified Land Development Ordinance, being a part of the Kearney City Code.  Any remaining unpaid costs of the improvements shall be assessed against the property in said districts on a basis of special benefit to the property, if any, as provided by law.

 

Council Member Lear introduced Ordinance No. 7148, being Subsection 5 of Agenda Item VI to create Paving Improvement District No. 2005-893 for 9th Avenue from 10th Street to 11th Street, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7148 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Hadley that Ordinance No. 7148 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7148 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7149 – WATER DISTRICT NO. 2005-536

 

Regular Agenda Items 5, 6 and 7 were discussed together.

 

Director of Public Works Rod Wiederspan stated Chapter 16 of the Nebraska Revised Statutes spells out the rules by which paving, water, and sewer districts may be created in public entities.  Basically, the Council has the power to create districts and make improvements and assess the costs to the property which is benefited by the improvements.

 

After such a district has been requested, the Mayor and Council by ordinance shall create districts according to Sections 16-619 and 16-667 of the Nebraska Revised Statutes.  At that time, the City must publish notice of the creation of the district one time each week for not less than 20 days in a daily or weekly newspaper of general circulation in the City.  After publication, if the owners of the record title representing more than 50% of the front footage of the property abutting or adjoining any continuous or extending improvements objects in writing within 20 days (30 days for water and sewer) from the first publication of said notice the work will not be done.  If objections are not filed against the district in a timely manner which meets the law, the Mayor and Council shall proceed to construct such improvements.

 

The City received a letter from Fred Hammer requesting that paving, water and sewer districts be created within 9th Avenue from 10th Street to 11th Street and for 10th Street from 9th Avenue east a distance of 604± feet.  Administration has been working with Mr. Hammer and Mr. Hammer has changed his request to improve 9th Avenue only at this time. According to the state statutes, the Council has the authority to pass ordinances which would create the districts and begin the process prescribed by law.

 

Because the developer has requested to develop this land, the ordinances require him to deposit fifty percent of the total estimated cost of the districts as provided in Section 57-102 of the Unified Land Development Ordinance, being a part of the Kearney City Code.  Any remaining unpaid costs of the improvements shall be assessed against the property in said districts on a basis of special benefit to the property, if any, as provided by law.

 

Council Member Lear introduced Ordinance No. 7149, being Subsection 6 of Agenda Item VI to create Water District No. 2005-536 for 9th Avenue from 10th Street to 11th Street, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7149 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Hadley that Ordinance No. 7149 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7149 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7150 – SEWER DISTRICT NO. 2005-479

 

Regular Agenda Items 5, 6 and 7 were discussed together.

 

Director of Public Works Rod Wiederspan stated Chapter 16 of the Nebraska Revised Statutes spells out the rules by which paving, water, and sewer districts may be created in public entities.  Basically, the Council has the power to create districts and make improvements and assess the costs to the property which is benefited by the improvements.

 

After such a district has been requested, the Mayor and Council by ordinance shall create districts according to Sections 16-619 and 16-667 of the Nebraska Revised Statutes.  At that time, the City must publish notice of the creation of the district one time each week for not less than 20 days in a daily or weekly newspaper of general circulation in the City.  After publication, if the owners of the record title representing more than 50% of the front footage of the property abutting or adjoining any continuous or extending improvements objects in writing within 20 days (30 days for water and sewer) from the first publication of said notice the work will not be done.  If objections are not filed against the district in a timely manner which meets the law, the Mayor and Council shall proceed to construct such improvements.

 

The City received a letter from Fred Hammer requesting that paving, water and sewer districts be created within 9th Avenue from 10th Street to 11th Street and for 10th Street from 9th Avenue east a distance of 604± feet.  Administration has been working with Mr. Hammer and Mr. Hammer has changed his request to improve 9th Avenue only at this time. According to the state statutes, the Council has the authority to pass ordinances which would create the districts and begin the process prescribed by law.

 

Because the developer has requested to develop this land, the ordinances require him to deposit fifty percent of the total estimated cost of the districts as provided in Section 57-102 of the Unified Land Development Ordinance, being a part of the Kearney City Code.  Any remaining unpaid costs of the improvements shall be assessed against the property in said districts on a basis of special benefit to the property, if any, as provided by law.

 

Council Member Lear introduced Ordinance No. 7150, being Subsection 7 of Agenda Item VI to create Sewer District No. 2005-479 for 9th Avenue from 10th Street to 11th Street, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7150 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Hadley that Ordinance No. 7150 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7150 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.

 

PLANS AND SPECIFICATIONS FOR CELL 6 OF PHASE II AT KEARNEY AREA SOLID WASTE AGENCY LANDFILL

 

Mayor Hadley opened for discussion the Plans and Specifications for the construction of Cell 6 of Phase II at the Kearney Area Solid Waste Agency Landfill and set the bid opening date for February 28, 2005 at 2:00 p.m.

 

In this year’s budget the Solid Waste Agency Division included funds to construct Cell 6 in Phase II of the landfill.  This cell needs to be constructed at this time in order for landfill operators to have choices of where to dispose of waste on inclement weather days and on windy days that may generate airborne litter.

 

The Solid Waste Agency Division also included funds in this year’s budget to close Cells 1 and 2 in Phase I.  However, the City’s engineer is recommending that this closure be delayed at least one year to allow for some initial settling of the waste in these cells.  Allowing the waste to go through some initial settling before closing the cells will make the closure construction operations less difficult for a contractor and reduce project costs.

 

The landfill still has several years of space available for waste disposal on Cells 3, 4 and 5 of Phase I.  However, as these cells approach capacity and become higher in elevation, it is important to have another cell at a lower elevation available for waste disposal during days of inclement weather and high wind.

 

The Phase II layout shows the footprint of the existing Phase I and the proposed Phase II.  At this time we are only proposing to construct Cell 6 of Phase II.  Cell 6 of Phase II will be approximately 1,100 feet long and 200 feet wide and will be about five acres in size.

 

The Floor Design shows about a 120-foot space between Phase I and Phase II.  This space cannot be built as landfill cells as the space is reserved to accommodate storm water flows from the landfill cap.  It is important that the storm water from the landfill cap be routed through the storm water detention basin before being discharged to downstream properties.  This provides for controlled release of storm water flows and a significant reduction in sediment leaving the site.

 

The plans not only include construction of Cell 6 of Phase II but also include rerouting the haul road east and north around the northeast corner of the proposed cell.  Additionally, large culverts will be installed and a haul road will be constructed near the southwest corner of Cell 6 of Phase II across the existing natural waterway.  This construction will provide access to the south side of the waterway where excess soil will be stockpiled and daily cover material will be stored for future use.

 

Dana Daniels from Miller & Associates stated that this plan is to recap the original footprint of the landfill which consisted of five cells.  The phase construction on that initial footprint began in 1993 and the facility was opened in April 1994.  All five cells in the first footprint have been constructed and there is approximately three years of life expectancy remaining.  To provide for orderly development, they propose to construct the first cell in the second phase.  The construction would be comprised of 5.2 acres.  Landfill construction cost on average is $90,000-$110,000 per acre.  There is some additional construction with this project to facilitate moving the material out of the road.  There is about 156,000 cubic yards of additional excavation.  The landfill construction is comprised of four foot of the material, two foot low perm clay liner, which is the base of the construction and a 60-ml HDPE liner, a gravel collection layer that is constructed in place.  There will be a protective cover of 12 inches of soil placed over the drainage layer.  The engineer’s opinion of probable construction cost would range between $575,000 - $650,000.  The project is scheduled to be completed by September 15, 2005. 

 

Council Member Buschkoetter asked if there is three years remaining in Cell 5 why is Cell 6 being opened so early?  Mr. Daniels replied that it would provide for operational options as the landfill works its way toward the cap. On the higher elevations, wind becomes more of a consideration.  There are also days where moisture makes it difficult for trucks to get up to that higher elevation.  This cell would be available (especially in the spring during periods of rainfall) for easy access. 

 

Council member Kearney asked why the access road on the north side of the cell is being done in phases?  He believed that it might be cheaper to do the access road all the way around at the beginning.  Mr. Daniels stated that the only reason that they are relocating that access road a short distance is because if they slide that access road 200 feet to the east, it will fall into that canyon. That canyon will require approximately 20-foot of fill, which becomes a safety hazard.   The other consideration is that the City does not need the access road more than the 3-4 years that it will take to fill phase one.  That road will only have a limited lifespan and traffic access will no longer be needed to the phase one area, but access will then be needed to the phase two area. 

 

Moved by Hadley seconded by Kearney to approve the Plans and Specifications for the construction of Cell 6 of Phase II at the Kearney Area Solid Waste Agency Landfill and set the bid opening date for February 28, 2005 at 2:00 p.m.  Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

ORDINANCE NO. 7151 – VACATE EASEMENTS IN KEENS PARK ADDITION

 

City Attorney Michael Kelley stated as part of the Avenue M/N Overpass project, the City was required to condemn portions of property owned by the Farmer’s Union Cooperative Association of Kearney, Nebraska on both the north and south ends of the overpass.  The Buffalo County Board of Appraisers, in its Return to the County Court, awarded Cenex Finance Association, Inc. and Farmers Union Coop the sum of $82,116.00 plus any interest for the acquisition of portions of Tracts 6 and 28.  The Respondents, Coop and Cenex, were dissatisfied with the award and filed an Appeal to the Buffalo County District Court.

 

As part of the Settlement Agreement reached by the parties, the City agreed to sell to Coop real estate described as the West Half of Lot 89, all of Lot 90, and the East Half of Lots 91, all in Keene’s Park Addition to the City of Kearney for the appraised value of $33,447.00.  In accordance with the Settlement Agreement and Ordinance 7120, the City reserved in the Quitclaim Deed a ten-foot permanent easement across the southern portions of Lots 89, 90 and 91 for maintenance, repair and operation of an east/west sanitary sewer and a 25-foot wide permanent easement for maintenance of a north/south sanitary sewer on, under and through Lot 91 and for the maintenance, repair, replacement, and operation of the Overpass embankment retaining and stabilization wall located on the West Half of Lot 91.  The easements restricted the Coop from locating buildings and other permanent structures on the easement areas and from interfering with the City’s reasonable access to and use of the easement areas for easement purposes.  The Coop purchased a building to be located on a portion of the said Lots, and now desire to relocate the existing east/west sewer in order to accommodate the location of the building.  In exchange for the vacation of these easements, the Coop will execute new easements to the owner(s) of Lots 87 and 88, and the City of Kearney in order for the sewer line to be relocated.

 

Council Member Kearney introduced Ordinance No. 7151, being Subsection 9 of Agenda Item VI to vacate a 10-foot permanent easement lying in Lots 89, 90 and 91, and to vacate a 25-foot permanent easement lying in Lot 91, all in Keens Park Addition to the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7151 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7151 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7151 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.

 

PLANS AND SPECIFICATIONS FOR DRYDEN AND HARMON PARK BALL FIELD LIGHTS

 

Mayor Hadley opened for discussion the Plans and Specifications for the Dryden Park Ball Field Lighting and Harmon Park Ball Field Lighting Projects and set the bid opening date for March 1, 2005. 

 

Director of Park & Recreation Neal Lewis presented this matter to the Council. He stated at Dryden Park which is now the girl’s fast pitch park, and at Harmon Park which is the Little League park, the lights are probably in the 40-50 year range.  The lighting being looked at is much more efficient, better quality and possibly cheaper to operate.  Both of these projects will be bid together to hopefully get a cost break. 

 

Moved by Lear seconded by Buschkoetter to approve the Plans and Specifications for the Dryden Park Ball Field Lighting and Harmon Park Ball Field Lighting Projects and set the bid opening date for March 1, 2005.  Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

OPEN ACCOUNT CLAIMS --      NEBRASKA PUBLIC POWER DISTRICT - $2,910.43; FREMONT NATIONAL BANK - $36,122.15; UNK - $1,761.88

 

Moved by Hadley seconded by Kearney that Open Account Claims in the amount of $2,910.43 payable to Nebraska Public Power District; and to Fremont National Bank in the amount of $36,122.15 be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained. Motion carried.

 

Moved by Kearney seconded by Clouse that Open Account Claims in the amount of $1,761.88 to University of Nebraska at Kearney be allowed. Roll call resulted as follows: Aye: Kearney, Buschkoetter, Lear, Clouse. Nay: None. Hadley abstained. Motion carried.

 

VII.    REPORTS

 

EXECUTIVE SESSION

 

Moved by Clouse seconded by Lear that Council adjourn into executive session at 7:29 p.m. on February 8, 2005 for the protection of the public interest and specifically for the discussion of legal matters. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

Moved by Lear seconded by Buschkoetter that Council reconvene in regular session at 7:47 p.m. on February 8, 2005. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Kearney that Council adjourn at 7:48 p.m. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

                                                                                    GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK