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Kearney, Nebraska

March 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 March 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, and Bruce Lear. Absent: Stan Clouse.  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: Teressa Rundstrom, Ron Blessing, Dana Daniels, Issah Manriquez, Ramon Manriquez, Brent Lindner, Ron Ridgway, Lori Fuller, Paul Brungardt, Neal Lewis, Mike Cahill from KKPR 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

 

Reverend Doug Shada from Berean Fellowship of Churches provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Eric Murrish, Peter Adamson and Matthew Brown 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

 

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

 

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) will remain on the table until March 22, 2005.

 

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

 

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) will remain on the table until March 22, 2005.

 

INCLUSION OF SORENSEN PARK FOURTH ADDITION TO CITY LIMITS

 

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) will remain on the table until March 22, 2005.

 

FINAL PLAT – SORENSEN PARK FOURTH ADDITION

 

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) will remain on the table until March 22, 2005.

 

KEARNEY SHOOTERS LIQUOR APPLICATION

 

Mayor Hadley opened the public hearing on the application for a Class “C” (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License submitted by KEARNEY SHOOTERS, INC., dba “Shooter’s” located at 2023 1st Avenue and consider approval of Resolution No. 2005-24.

 

This application is made in conjunction with the Shooter’s Bar which has recently changed ownership. This bar was previously known as the Phoenix Club and had been in existence for some time. The new owners have acquired the business and will continue to operate it as a bar.

 

A background was conducted on the application and the new ownership. Along with this application for a liquor license was the inclusion of an application for corporate manager. During the course of the application, the person who had been proposed as the manager left employment. Because of this, the manager application will need to be re-filed with the Liquor Commission.

 

The facility and the new owners presented the information necessary to complete the background on the overall license. There was nothing found during this investigation that would indicate that the facility of the new owners would not be acceptable for a liquor license. The application is for a Class C license which allows for “on premise” and “off premise” sale of beer, wine and spirits. This is the same license as was held by the Phoenix Club.

 

Lori and Tom Fuller are the new owners and list their current address as 1419 East 31st Street here in Kearney. They have lived in the community since 1996. Lori is listed as the corporate president. The application indicates they are 100% shareholders. The Fullers do not have a substantial amount of experience in this type of business but have expressed their willingness to cooperate with the department and train staff.

 

Administration recommends the Council make a recommendation of approval to the Nebraska Liquor Control Commission with regard to the application for a liquor license. It is apparent that an application for a corporate manager will be forthcoming for the Council’s consideration.

 

Lori Fuller, 1419 East 31st Street, presented this matter to the Council. She stated that someone from the Kearney Police Department would train their staff.  They also are doing a bonus incentive of giving a $25 award to any staff member who finds a fake ID being used.  They would be operating the same as the previous owner “The Phoenix Club” with only a name change.

 

The City Clerk stated that the manager approval on this license would be forthcoming, only the liquor license will be approved at this meeting.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lear to close the hearing and approve the application for a Class “C” (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License submitted by KEARNEY SHOOTERS, INC., dba “Shooter’s” located at 2023 1st Avenue and approve Resolution No. 2005-24.  Roll call resulted as follows: Aye: Hadley, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2005-24

 

            WHEREAS, KEARNEY SHOOTERS, INC., dba “Shooter’s” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘C’ (Beer, Wine, Distilled Spirits – On and Off Sale) Liquor License to do business at 2023 1st Avenue, 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 March 8, 2005; and

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘C’ (Beer, Wine, Distilled Spirits – On and Off Sale) Liquor License to KEARNEY SHOOTERS, INC., dba “Shooter’s” located at 2023 1st Avenue, Kearney, Nebraska.

            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 8TH DAY OF MARCH, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

SAN PEDRO LIQUOR APPLICATION

 

Mayor Hadley opened the public hearing on the application for a Class “I” (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License submitted by SAN PEDRO INC., dba “San Pedro Mexican Restaurant” located at 3907 Central Avenue, consider the application for Corporate Manager of Ramon Ruiz Manriquez, and consider approval of Resolution No. 2005-25.

 

This application is made in conjunction with the San Pedro Restaurant. Currently, the restaurant does not serve alcohol, but desires to do so with their food business. The location has been primarily eating establishments over the time of its existence. This same company and group of people have a restaurant in Holdrege and have had restaurants in Wyoming previously.

 

The staff, including Mr. Manriquez, has no criminal records or significant violations or contacts with the criminal justice system. In an interview, Mr. Manriquez indicated he understood the problems associated with alcohol in society and his desire for his staff to receive training in the service and sale of alcoholic beverages from the Police Department. This training has been scheduled. In the interview, Mr. Manriquez indicated his understanding of many of the rules and regulations concerning employee consumption and hours of sale.

 

Administration recommends the Council make a recommendation of approval to the Nebraska Liquor Control Commission with regard to the application for a liquor license and the application for corporate manager.

 

Ramon Manriquez was present and Issah Manriquez, presented this matter to the Council.  They have talked to the people at the Police Department who will be doing some training for their employees.  He stated that he and his cousin, Ramon, have had liquor license experience before in other restaurants in other states. 

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the application for a Class “I” (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License submitted by SAN PEDRO INC., dba “San Pedro Mexican Restaurant” located at 3907 Central Avenue, consider the application for Corporate Manager of Ramon Ruiz Manriquez, and approve Resolution No. 2005-25. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2005-25

 

            WHEREAS, SAN PEDRO INC., dba “San Pedro Mexican Restaurant” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘I’ (Beer, Wine, Distilled Spirits – On Sale Only) Liquor License to do business at 3907 Central Avenue, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, SAN PEDRO INC., dba “San Pedro Mexican Restaurant” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Ramon Ruiz Manriquez; and

            WHEREAS, a hearing was held relating to said application on March 8, 2005; and

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘I’ (Beer, Wine, Distilled Spirits – On Sale Only) Liquor License to SAN PEDRO INC., dba “San Pedro Mexican Restaurant” located at 3907 Central Avenue, Kearney, Nebraska, and to approve the application for Corporate Manager of Ramon Ruiz Manriquez.

            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 8TH DAY OF MARCH, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

AMEND CHAPTERS 13, 14 AND 46 TO INCLUDE THERAPEUTIC RIDING

 

Mayor Hadley opened the public hearing on the application on the proposed amendment to Chapter 13 “Use Types”, Chapter 14 “Zoning District Regulations”, and Chapter 46 “Supplemental Uses Regulations” of the Unified Land Development Ordinance, being a part of the Code of the City of Kearney to include therapeutic riding as an allowable use in a “District M-1, Limited Industrial District” zone with a Conditional Use Permit. Planning Commission recommended approval.

 

Council member Kearney vacated his chair and abstained from discussion and voting on this matter because of a possible conflict.

 

City Planner Lance Lang presented this matter to the Council. Recently, a proposal was submitted to the City for a clinic offering therapeutic horseback riding or hippotherapy where patients will ride horses as part of their treatment for disabilities.  This request was made for a property located in an M-1 zone. Staff concurs that therapeutic riding could be accommodated in M-1 zoning with the regulation provided by a Conditional Use Permit (CUP).  Although the Unified Land Development Ordinance (UDO) does allow horses in certain zones, it does not currently have any allowances for therapeutic riding or keeping of livestock in an M-1 zone, CUP or otherwise.  Staff believes that allowing such use under the control afforded by a CUP is probably an acceptable approach.  The ordinance must be amended to allow therapeutic riding under the CUP regulations.

 

The proposed amendment actually addresses three separate chapters of the UDO.  Chapter 13, “Use Types,” is amended to add language defining the “use type” of “Therapeutic Riding” within “Industrial Use Types”, Section 13-109.  Chapter 14, “Zoning District Regulations,” is amended to add “Therapeutic Riding” to Table 14-1, “Use Matrix” within “Miscellaneous Uses.”  This table is also amended to show therapeutic riding as allowable by Conditional Use Permit in AG, RR-1, RR-2, M-1, and M-2 zones.  The first three zones already allow the keeping of large animals within their regulations.  The industrial zones M-1 and M-2 have been added as zones that may be appropriate for such activities.  Table 14-1 also refers the reader to “supplemental regulations” in Chapter 46 that pertain to “Therapeutic Riding.”  Section 46-107c establishes a formula for calculating the number of animals allowed for therapeutic riding based on the amount of land available that is dedicated to the keeping and care of the animals.

 

The UDO does already contain language that regulates the number of horses that are allowed on a specific parcel of land.  This regulation has been limited to AG, RR-1, and RR-2 zones to this point in time.  Currently, two horses and their offspring are allowed on the first acre of land that is dedicated solely to the purpose of housing and caring for the animals.  One additional animal can be added per additional acre, up to a maximum of 20 animals.  Staff believes that 20 animals are too many animals in an urban setting used for therapeutic riding.  Therefore, the proposed language in Section 46-107c allows two animals for the first acre and one animal per acre thereafter, but the maximum limit is six animals.  A determination will need to be made in certain cases whether an owner is keeping horses for therapeutic riding or for a hobby to determine the maximum number of animals allowed in AG, RR-1, and RR-2 zones.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the application on the proposed amendment to Chapter 13 “Use Types”, Chapter 14 “Zoning District Regulations”, and Chapter 46 “Supplemental Uses Regulations” of the Unified Land Development Ordinance, being a part of the Code of the City of Kearney to include therapeutic riding as an allowable use in a “District M-1, Limited Industrial District” zone with a Conditional Use Permit.  Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear. Nay: None. Kearney abstaining. Clouse absent. Motion carried.

 

CONDITIONAL USE PERMIT – HABILITY SOLUTION SERVICES; 3112 ANTELOPE AVENUE

 

Mayor Hadley opened the public hearing on the application on the Application submitted by Teressa Rundstrom for Hability Solution Services, Inc. (Applicant) and Liehs Drilling and Ron Blessing (Owner) for a Conditional Use Permit to allow the use of horses for therapy on property zoned “District M-1, Limited Industrial District” and described as a tract of land being part of Lot 1, part of Lot 2, and part of Lot 11, all in St. Luke’s Good Samaritan Village, an addition to the City of Kearney, Buffalo County, Nebraska (3112 Antelope Avenue). Planning Commission recommended approval.

 

Council member Kearney vacated his chair and abstained from discussion and voting on this matter because of a possible conflict.

 

The applicant is requesting approval of a Conditional Use Permit (CUP) to allow therapeutic horseback riding in an M-1 zoning district at 3112 Antelope Avenue.  The building at this site was built recently for Liehs Drilling but has not been occupied as such.  If the project is approved, the applicant proposes to modify the building and add additional improvements to the site to accommodate this business.

 

Assuming the Unified Land Development Ordinance (UDO) was successfully amended in the preceding agenda item; Staff believes that allowing therapeutic riding under the control afforded by a CUP is an acceptable approach.

 

The UDO amendment will allow two horses on the first acre of land that is dedicated solely to the purpose of housing and caring for the animals.  One additional animal can be added per additional acre, up to a maximum of six animals.  For example, if the applicant desired four adult horses, three acres of pasture, corral, stable, or combination thereof would be required.  That is one acre for the first two animals, and one acre each for the next two animals.  At this time, the applicant plans on providing two horses.  The applicant stated that the animals will be brought to the site on a daily basis from somewhere else until such time that the site improvements can be made to accommodate the horses on site.  This approach is also permitted and accounted for in the language of the code revisions.

 

City Planner Lance Lange stated that at this time Teressa Rundstom intended on having only two horses for the therapeutic riding. Council member Lear asked how the City would distinguish between a therapeutic use for riding and a hobby use for riding?  He wanted to make sure that the City is not creating something that will easily be utilized for a hobby use.  City Planner responded that in this case, it is a clinical type situation where the people are going to this location for therapeutic care under a licensed professional. 

 

Council member Buschkoetter commented that the Conditional Use Permit that is required would help them determine that use.  Director of Public Works Rod Wiederspan stated that as a therapeutic riding therapist, they must be licensed through the state. 

 

Teressa Rundstom, 11036 Road 741, Holdrege, Nebraska, stated that physician, occupational and speech therapists are state licensed and nationally certified.  Their primary job is to do traditional outpatient rehabilitation therapy.  The hippatherapy using a horse is a technique that provides balance, stabilization and muscle development for people, who otherwise would not have those abilities.  There is also a bonding that goes on between the patient and the animals. 

 

Mayor Hadley asked if this is the same type of therapy that “I Believe in Me Ranch” performs.  Ms. Rundstrom responded they do therapeutic riding, which can be done by somebody who does not have a license, but has knowledge of horses. 

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Lear to close the hearing and approve the application on the Application submitted by Teressa Rundstrom for Hability Solution Services, Inc. (Applicant) and Liehs Drilling and Ron Blessing (Owner) for a Conditional Use Permit to allow the use of horses for therapy on property zoned “District M-1, Limited Industrial District” and described as a tract of land being part of Lot 1, part of Lot 2, and part of Lot 11, all in St. Luke’s Good Samaritan Village, an addition to the City of Kearney, Buffalo County, Nebraska (3112 Antelope Avenue).  Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear. Nay: None. Kearney abstaining. Clouse absent. Motion carried.

 

DEVELOPMENT PLANS APPROVAL FOR 4500 2ND AVENUE

 

Mayor Hadley opened the public hearing on the Application submitted by Richard Stacy for Myron Andersen (Applicant and Owner) for Planned District Development Plan Approval for the construction of a garden center on property zoned to “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 2, Regency Place Addition, an addition to the City of Kearney, Buffalo County, Nebraska (4500 2nd Avenue) and consider approval of Resolution No. 2005-26.  Planning Commission recommended approval.

 

There was no one present to address this matter.  Moved by Hadley seconded by Kearney to table this matter until March 22, 2005. Roll call resulted as follow: Aye: Hadley, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

 

Richard Stacy from Miller & Associates apologized to the Council for being late and thanked them for allowing him to proceed with this matter.

 

Moved by Kearney seconded by Lear to remove from the table the public hearing on the Application submitted by Richard Stacy for Myron Andersen (Applicant and Owner) for Planned District Development Plan Approval for the construction of a garden center on property zoned to “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 2, Regency Place Addition, an addition to the City of Kearney, Buffalo County, Nebraska (4500 2nd Avenue).  Roll call resulted as follows: Aye: Hadley, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

 

The applicant is requesting approval of Revised Development Plans to add an outdoor garden area to the north side of the existing Builders Warehouse main building.  The garden center will be an open air area covered with an overhead canopy extending 35 feet to the north of the building.  This area will be used to display seasonal outdoor items and temporary greenhouses will be erected.

 

The north end of the canopy will be set back from the north property line approximately 75 feet.  A marquee with signage reading “Lawn and Garden Center” will extend across the east side of the garden center.  A separate sign permit is required.  A decorative wrought iron fence will also extend across the east side.  The applicant proposed a chain link fence on the north side for security purposes, but staff recommends a solid privacy fence for screening purposes.  The applicant has agreed to erect a solid metal panel wall similar to the wall that exists on the west property line.  A checkout stand is located at the east end of the garden center.  A roll-down canvas wind barrier may be added in the future if the area proves to be unbearably windy on certain days.

 

Mr. Stacy stated that this is the final phase for Builders Warehouse on 2nd Avenue.  In the past, the warehouse addition, the remodeling of the existing facility to a design center has been before the Council.  This area north of the building has always been used for landscape items, but was uncovered and open and therefore was not subject to a conditional use permit.  The plan now is to put a canopy over this (not enclose it with walls) to protect the landscape items from rain, snow, etc.  He noted that between the building, canopy and a temporary greenhouse, there will be a fire lane so they have maintained that side yard protection.  The request is also for a temporary canvas on the north side of the canopy to block wind.  This is not part of the application or the permit, but rather than to come back to the Planning Commission with a variance, they requested that it be included in the deliberation at this meeting.   Director of Public Works stated the staff discussed this with the applicant when they came in and since the canvas is a temporary material, it does not violate the fire codes. 

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the Application submitted by Richard Stacy for Myron Andersen (Applicant and Owner) for Planned District Development Plan Approval for the construction of a garden center, allowing for a canvas covering to be temporarily installed at that location on property zoned to “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 2, Regency Place Addition that an addition to the City of Kearney, Buffalo County, Nebraska (4500 2nd Avenue) and approve Resolution No. 2005-26. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2005-26

 

            WHEREAS, Richard Stacy for Myron Andersen (Applicant and Owner) have applied for Planned District Development Plan Approval for the construction of a garden center on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 2, Regency Place Addition, an addition to the City of Kearney, Buffalo County, Nebraska (4500 2nd Avenue).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Richard Stacy for Myron Andersen (Applicant and Owner) for District Planned Development Plan Approval for the construction of a garden facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 2, Regency Place Addition, an addition to the City of Kearney, Buffalo County, Nebraska (4500 2nd Avenue) be approved.

PASSED AND APPROVED THE 8TH DAY OF MARCH, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

STORM SEWER EASEMENTS – BILL McCRACKEN

 

Mayor Hadley opened the public hearing on the proposed acquisition for two Permanent Storm Sewer Easements of a tract of land described as the west 5.0 feet of Lot 17, and the west 5.0 feet of Lot 18, all in Block 2, Kearney Plaza Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and consider approval of Resolution No. 2005-27.

 

Director of Public Works Rod Wiederspan presented this matter to the Council. On March 24, 2004 the City Council approved the plans and specifications providing for the construction of storm sewer associated with the public improvements within LaPlatte Road from Meadow Lane to approximately 160 feet south of Redwood Lane, and Willow Lane from LaPlatte Road south approximately 150 feet.  The acquisition of two Permanent Storm Sewer Easements is necessary to construct the Storm Sewer. The owners of the tracts of land where the easements are necessary have been contacted and they have agreed to grant the easements.

 

Before the City can accept the easements the Council must conduct a public hearing on the matter in order to comply with State Statute.  Section 18-1775 of the Nebraska Revised Statutes require that a city of the first class acquiring an interest in real property shall do so only after the governing body has authorized the acquisition by action taken in a public meeting after notice and a public hearing.

 

Director of Public Works stated that it has been determined that on the legal description for Lot 18, the west 5.0 feet should be changed to the east 5.0 feet.  The exhibit is correct, but the legal has this typo, which needs to be corrected.   

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Bushkoetter to close the hearing and approve the proposed acquisition for two Permanent Storm Sewer Easements of a tract of land described as the west 5.0 feet of Lot 17, and the west 5.0 feet of Lot 18, all in Block 2, Kearney Plaza Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2005-27 subject to the correction on Lot 18 being the east 5.0 feet and not the west 5.0 feet.  Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2005-27

 

            WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in real property by purchase or eminent domain to do so only after the City Council has authorized the acquisition by action taken in a public meeting after notice and public hearing; and

            WHEREAS, the City Council has held a public hearing upon the proposed acquisition for storm sewer purposes and voted in favor to proceed with the acquisitions; and

            WHEREAS, William R. McCracken, has granted to the City of Kearney, Nebraska, two Permanent Storm Sewer Easements as follows:

 

Permanent Storm Sewer Easement

The west 5.0 feet of Lot 17 of Block 2, Kearney Plaza Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska

AND

Permanent Storm Sewer Easement

The east 5.0 feet of Lot 18 of Block 2, Kearney Plaza Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska

 

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the two Permanent Storm Sewer Easements granted by William R. McCracken to the City of Kearney be and are hereby approved and accepted.

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

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Lear seconded by Buschkoetter that Subsections 1 through 5 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

 

1.         Approve Minutes of Regular Meeting held February 22, 2005.

 

2.         Approve the following Claims: Ace Irrigation $810.00 Su; AFLAC $1,584.00 Ded; Albright, D $221.61 Tr; Alltel $1,695.19 Serv; Anderson, S $23.49 Reim; AT&T $94.61 Serv; Baker & Taylor $1,668.29 Bks; Baker, D $1.00 Ref; Baker, J $191.50 Claim; Barker Rinker Seacat Architecture $936.76 Serv; Barney Abstract $2,040.00 Serv; BBC Audiobooks $209.63 Bks; Big Flag Farm $658.32 Su; BlueCross BlueShield $67,771.78 Claims; Bound to Stay Bound Books $102.77 Bks; Buffalo Co Courthouse $300.50 Serv; Buffalo Co Court $209.32 Ded; Buffalo Surveying $229.50 Serv; Builders $3,752.42 Su; Central Fire & Safety $413.35 Serv; Central Hydraulic Systems $4,922.90 Equip; CHAD $16.00 Ded; Charter Communications $155.82 Serv; City of Ky $171,505.89 Various; City of Salina $889.44 Ins; CLH $309.00 Serv; CODI $75.00 Tr; Coffey, J $2.66 Ref; Coleman Powermate $94.95 Ref; College Savings Plan of NE $50.00 Ded; Computer Hardware $181.50 Rep; Conseco Life Ins $38.00 Ded; Crossroads Ford $677.86 Rep; Cummins $2,205.15 Various; Danneberg, J $8.39 Ref; Dave Waggoner Plumbing $366.23 Rep; Dawson Co PPD $21,870.57 Serv; Deeter Foundry $1,540.00 Inv; Depository Trust $15,535.00 Int; Dept of the Treasury $4.80 Ded; Drake, J $8.48 Ref; Driver's License Guide $26.95 Pstg; Dugan Business Forms $486.53 Su; Dutton Lainson $602.42 Serv; Dynix $19,569.00 Serv; Eakes $293.42 Su; EDM Equipment $577.69 Rep; EFI-Wright Sales $340.96 Rep; Elliott $6.38 Su; Engels Glass Design $147.00 Serv; Eustis Body Shop $195.00 Serv; Farm Plan $712.79 Various; Farmers Union Coop $466.00 Various; Fenemore, C $72.00 Serv; Fiddelke Heating $387.11 Rep; Fort Western Outfitters $688.32 Cla; Freburg, N $184.62 Ded; Frontier $978.42 Serv; G. Neil $186.80 Su; Galls $213.19 Su; General Traffic Controls $4,864.10 Equip; Gibbon Transmissions $485.24 Rep; GlaxoSmithKline $2,328.00 Various; GI Independent $73.00 Serv; Great American Outdoor $640.44 Rep; Great Plains Safety & Health $2,250.00 Serv; H&H Distributors $163.00 Su; Halligan, T $36.70 Ref; Harms, A $6.29 Ref; Harris, S $1.98 Ref; HHS Reg & Licensure $80.00 Permits; Holiday Inn $2,367.00 Su; Hometown Leasing $208.91 Serv; ICMA RC $2,771.50 Ded; IRS $82,340.29 Ded; Jack Lederman Co $83.28 Su; JJE $79.00 Su; Ky Area Chamber of Commerce $3,497.65 Taxes; Ky Area United Way $623.76 Ded; Ky Cycling $3,795.00 Equip; Ky Winnelson $190.00 Inv; Kersting, B $35.67 Ref; KFJ Promotions $459.23 Pstg; Kirkham Michael $10,648.93 Serv; Kooyman, R $200.00 Ins; Kustom Signals $3,330.00 Equip; Lasertec $283.00 Serv; Laughlin, K $360.00 Ded; League of NE Municipalities $1,640.00 Tr; Lincoln Journal Star $574.52 Serv; Linweld $3,125.00 Equip; Lockmobile $588.42 Rep; Magic Cleaning $850.00 Serv; Maines Electric $284.00 Rep; Marlatt Machine Shop $158.13 Su; McCollister & Co $1,758.15 Various; McDermott & Miller $17,240.00 Serv; MES Snyder $97.19 Rep; Metlife $3,886.09 Ded; Microfilm Imaging Systems $2,380.00 Serv; Mid America Pay Phones $100.00 Serv; Mid Con Systems $103.70 Rep; Mid-NE Lubricants $3,266.00 Inv; Midwest Turf $18,495.54 Rep; Miller & Associates $160.00 Serv; Miller Signs $126.00 Rep; Mosbarger, B $200.00 Ins; Municipal Supply $837.34 Inv; NAPA Auto Parts $6.10 Rep; NWWA $5,748.86 Various; NE Child Support $1,045.43 Ded; NE Crime Commission $7.00 Tr; NE Dept of Aeronautics $370.00 Loan; NE Dept. of Revenue $23,182.51 Taxes; NE Health Lab $665.00 Serv; NE Machinery $24,158.01 Lease; NE State Bar Association $108.00 Bks; NE State Hist Society $1,430.50 Bks; NE Dept of Revenue $23,986.22 Ded; NE Truck Center $81,733.00 Equip; NEland Distributors $473.00 Su; NeRPA $30.00 Reg; Northwestern Energy $4,087.93 Serv; Novus $157.50 Inv; Office Depot $333.37 Su; Olson's Military $2,160.00 Equip; Olsson Associates $4,422.60 Serv; Overhead Door $497.82 Rep; Paramount Linen $16.00 Rep; Payflex Systems $778.75 Serv; Pierson, Fitchett, Hunzeker $225.00 Serv; Postmaster $415.00 Pstg; Presto-X $129.00 Serv; Promaxima Mfg. $3,044.00 Equip; Quill $63.65 Su; Random House $301.76 Bks; Reams $16,202.33 Equip; Recognition Unlimited $80.13 Su; Recorded Books $17.85 Bks; Regional Books $16.30 Bks; Reserve Acct $8,000.00 Pstg; Rhino Linings $213.00 Rep; Riverside Animal Hospital $3,028.75 Serv; Rossell, C $1,256.25 Tr; See Clear Cleaning $1,850.00 Serv; Sensus $176.00 Rep; Severn Trent Pipeline $19,142.50 Serv; Sheldon, S $13.37 Cls; Softchoice $2,640.71 Serv; Solid Waste Agency $74,796.88 Tipping Fee; State of NE DAS Comm $19.70 Serv; Summit Heating $1,510.80 Serv; Sun Life Financial $20,191.23 Prem; Swanson, K $221.61 Tr; Terry's Platte Valley Glass $15.00 Su; Thompson, K $10.70 Tr; Thomson Gale $37.42 Bks; Time Center of Ky $150.00 Serv; Tolle, J $19.26 Ref; Tom's Tree Service $375.00 Serv; United Fire & Casualty $22,050.00 Serv; Urbanek, G $10.70 Tr; Village Uniform $418.99 Su; Wagners Irrigation $109.00 Su; Washington State Support $102.01 Ded; Water Products $878.46 Inv; Weathercraft $133.55 Rep; Wiederspan, R $250.23 Tr; Wilke-Donovan's True Value $13.98 Su; Younes, P $184.45 Ref; Payroll Ending 02-19-2005 -- $250,647.61.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve the application for a Special Designated License submitted by CURL CURL, A CORPORATION, dba “Bonzai Beach Club/Wave Pizza” in connection with their Class C46038 liquor license to dispense beer, wine and distilled spirits in the Exposition Center at the Buffalo County Fairgrounds, 3807 Avenue N, on March 26, 2005 from 8:00 a.m. until 1:00 a.m. subject to the City receiving the required Certificate of Insurance.

 

4.         Approve the request submitted by the Kearney Volunteer Fire Department, in conjunction with Kidz Explore, to block off the west end of Platte Road in front of the Tri-City Arena, 609 Platte Road, on April 16, 2005 from 9:00 a.m. until 6:00 p.m. and on April 17, 2005 from 12:00 p.m. until 5:00 p.m.

 

5.         Approve two Lease Agreements for Radios on Water Tower between the City of Kearney and RCOM, LLC for the location of antenna on the water towers located at 48th Street and 7th Avenue and at 3820 30th Avenue, and approve Resolution No. 2005-28 subject to the City receiving the required Certificate of Insurance.

 

RESOLUTION NO. 2005-28

 

BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute two Lease Agreements for Radios on Water Tower between the City of Kearney and RCOM, LLC for the location of antenna on the water towers located at 48th Street and 7th Avenue and at 3820 30th Avenue, on behalf of the City of Kearney, with RCOM L.L.C., a copy of the said Agreements, marked Exhibits “1” and “2”, are attached hereto and made a part hereof by reference.

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

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

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

 

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) will remain on the table until March 22, 2005.

 

ORDINANCE NO. 7153 – AMEND CHAPTERS 13, 14 AND 46 TO INCLUDE THERAPEUTIC RIDING

 

Council member Kearney vacated his chair and abstained from discussion and voting on Ordinance Nos. 7153 and 7154 because of a possible conflict.

 

Mayor Hadley stated that since Council member Kearney is abstaining and Council member Clouse is absent that Ordinance Nos. 7153 and 7154 will be placed on first reading only. The second reading will take place on March 22, 2005 with the third reading taking place on April 12, 2005.  The Nebraska Statutes require ordinances be read by title on three different days unless three-fourths of the Council members vote to suspend this requirement. In this case, it requires four of the Council members to suspend this requirement.

 

Moved by Hadley seconded by Lear that Ordinance No. 7153 amending Chapter 13 “Use Types”, Chapter 14 “Zoning District Regulations”, and Chapter 46 “Supplemental Uses Regulations” of the Unified Land Development Ordinance, being a part of the Code of the City of Kearney to include therapeutic riding as an allowable use in a “District M-1, Limited Industrial District” zone with a Conditional Use Permit be placed on first reading, and moved that the ordinance be read by title on three different days.  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, Lear, Buschkoetter. Nay: None. Kearney abstained. Clouse absent. City Clerk read Ordinance No. 7153 by title only on first reading.

 

ORDINANCE NO. 7153

AN ORDINANCE OF THE CITY OF KEARNEY, NEBRASKA TO AMEND SECTION 13-109 “INDUSTRIAL USE TYPES” OF CHAPTER 13 “USE TYPES”, TABLE 14-1 “USE MATRIX” OF CHAPTER 14 “ZONING DISTRICT REGULATIONS”, AND SECTION 46-107 “SUPPLEMENTAL USE REGULATIONS: INDUSTRIAL USES” OF THE UNIFIED LAND DEVELOPMENT ORDINANCE, A PART OF THE CODE OF THE CITY OF KEARNEY, NEBRASKA; TO INCLUDE THERAPEUTIC RIDING AS AN ALLOWABLE USE IN A “DISTRICT M-1, LIMITED INDUSTRIAL DISTRICT” ZONE WITH A CONDITIONAL USE PERMIT; TO REPEAL ALL ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH;  AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY AUTHORITY OF THE CITY COUNCIL AND EFFECTIVE DATE OF THIS ORDINANCE.

 

ORDINANCE NO. 7154 – CONDITIONAL USE PERMIT TO HABILITY SOLUTION SERVICES; 3112 ANTELOPE AVENUE

 

Council member Kearney vacated his chair and abstained from discussion and voting on Ordinance Nos. 7153 and 7154 because of a possible conflict.

 

Mayor Hadley stated that since Council member Kearney is abstaining and Council member Clouse is absent that Ordinance Nos. 7153 and 7154 will be placed on first reading only. The second reading will take place on March 22, 2005 with the third reading taking place on April 12, 2005.  The Nebraska Statutes require ordinances be read by title on three different days unless three-fourths of the Council members vote to suspend this requirement. In this case, it requires four of the Council members to suspend this requirement.

 

Moved by Hadley seconded by Lear that Ordinance No. 7154 granting a Conditional Use Permit to Teressa Rundstrom for Hability Solution Services, Inc. (Applicant) and Liehs Drilling and Ron Blessing (Owner) to allow the use of horses for therapy on property zoned “District M-1, Limited Industrial District” and described as a tract of land being part of Lot 1, part of Lot 2, and part of Lot 11, all in St. Luke’s Good Samaritan Village, an addition to the City of Kearney, Buffalo County, Nebraska (3112 Antelope Avenue) be placed on first reading, and moved that the ordinance be read by title on three different days.  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, Lear, Buschkoetter. Nay: None. Kearney abstained. Clouse absent. City Clerk read Ordinance No. 7154 by title only on first reading.

 

ORDINANCE NO. 7154

AN ORDINANCE OF THE CITY OF KEARNEY, NEBRASKA, GRANTING A CONDITIONAL USE PERMIT TO TERESSA RUNDSTROM FOR HABILITY SOLUTION SERVICES, INC. (APPLICANT) AND LIEHS DRILLING AND RON BLESSING (OWNER) TO ALLOW THE USE OF HORSES FOR THERAPY ON PROPERTY ZONED “DISTRICT M-1, LIMITED INDUSTRIAL DISTRICT” AND DESCRIBED AS A TRACT OF LAND BEING PART OF LOT 1, PART OF LOT 2, AND PART OF LOT 11, ALL IN ST. LUKE’S GOOD SAMARITAN VILLAGE, AN ADDITION TO THE CITY OF KEARNEY, BUFFALO COUNTY, NEBRASKA (3112 ANTELOPE AVENUE), AS MADE AND PROVIDED BY CHAPTER 59 “ADMINISTRATION AND PROCEDURES”, SECTION 59-103 “CONDITIONAL USE PERMITS” OF THE UNIFIED LAND DEVELOPMENT ORDINANCE, A PART OF THE CITY CODE OF THE CITY OF KEARNEY, BUFFALO COUNTY, NEBRASKA; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY THE AUTHORITY OF THE CITY COUNCIL AND EFFECTIVE DATE OF THIS ORDINANCE.

 

AWARD BID FOR CONSTRUCTION OF CELL 6 OF PHASE II AT THE KEARNEY AREA SOLID WASTE AGENCY LANDFILL

 

Mayor Hadley opened for discussion the bids received for the construction of Cell 6 of Phase II at the Kearney Area Solid Waste Agency Landfill and consider approval of Resolution No. 2005-29 awarding the bid to BSB Construction in the amount of $453,437.25.

 

Dana Daniels from Miller & Associates presented this matter to the Council. 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 Cell 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.

 

At the February 8, 2005 Council meeting the Council approved the plans and specifications for constructing Cell 6 in Phase II and set February 28, 2005 at 2:00 p.m. as the bid opening date and time. Sealed bids were received by the City Clerk and opened on February 28, 2005 at 2:00 pm.  Three bids were received. BSB Construction of Curtis, Nebraska submitted the low bid in the amount of $453,437.25.  The low bid is under the amount budgeted and $160,180.25 below the engineer’s estimate.

 

Moved by Kearney seconded by Lear to approve the bids received for the construction of Cell 6 of Phase II at the Kearney Area Solid Waste Agency Landfill and approve Resolution No. 2005-29 awarding the bid to BSB Construction in the amount of $453,437.25. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2005-29

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on February 28, 2005, at 2:00 p.m. for the construction of Cell 6 of Phase II at the Kearney Area Solid Waste Agency Landfill; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $613,617.50; and

WHEREAS, the said engineers have recommended the bid offered by BSB Construction of Curtis, Nebraska in the sum of $453,437.25 be accepted as the lowest responsible bid.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that BSB Construction of Curtis, Nebraska be and is the lowest responsible bidder for the construction of Cell 6 of Phase II at the Kearney Area Solid Waste Agency Landfill, to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of BSB Construction of Curtis, Nebraska in the sum of $453,437.25 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the construction of Cell 6 of Phase II at the Kearney Area Solid Waste Agency Landfill in the amount of $613,617.50 be and is hereby accepted.

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

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

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

AWARD BID FOR DRYDEN PARK BALL FIELD LIGHTING AND HARMON PARK BALL FIELD LIGHTING PROJECT

 

Mayor Hadley opened for discussion the bids received for the Dryden Park Ball Field Lighting and Harmon Park Ball Field Lighting Project and consider approval of Resolution No. 2005-30 awarding the bid to Ensley Electrical Services Inc. in the amount of $102,015.00.

 

Director of Park & Recreation presented this matter to the Council. The City budgeted funds for the ball field light replacement at both Dryden Park and Harmon Park. Bids were opened on March 1, 2005 at 2:00 p.m. The City received bids from: Ensley Electrical Services, Everly Electric, Gene’s Electric, Jon Schwartz Electric, and Kayton Electric with the higher candle-power alternative ranging from $102,015.00 low to $118,988.00 high.

 

The ball field light project was bid with two different levels of illumination. The bid from Ensley Electric Services Inc. of Grand Island was $102,015.00 for the 50 FC infield and 30 FC outfield system which meets all lighting standards. The bid is below the engineer’s estimate of $130,000.00.  Project completion is set for May 6, 2005.  Administration recommends awarding the bid to the low bidder, Ensley Electrical Services Inc. of Grand Island to provide the combined lighting project D1 and H1 (50 FC x 30 FC) for $102,015.00.

 

Moved by Lear seconded by Buschkoetter to approve the bids received for the Dryden Park Ball Field Lighting and Harmon Park Ball Field Lighting Project and approve Resolution No. 2005-30 awarding the bid to Ensley Electrical Services Inc. in the amount of $102,015.00. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Kearney. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2005-30

 

            WHEREAS, Clark Enersen Partners and the City of Kearney have reviewed the sealed bids which were opened on March 1, 2005, at 2:00 p.m. for the Dryden Park Ball Field Lighting and Harmon Park Ball Field Lighting Project; and

WHEREAS, the said engineers have recommended the bid offered by Ensley Electrical Services Inc. of Grand Island, Nebraska in the sum of $102,015.00 be accepted as the lowest responsible bid.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Ensley Electrical Services Inc. of Grand Island, Nebraska be and is the lowest responsible bidder for the Dryden Park Ball Field Lighting and Harmon Park Ball Field Lighting Project, to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Ensley Electrical Services Inc. of Grand Island, Nebraska in the sum of $102,015.00 be and is hereby accepted.

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

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

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

AWARD BID FOR ROOF REPLACEMENT FOR THE HARMON PARK BATHHOUSE AND THE WEST PORTION OF THE CITY HALL BUILDING

 

Mayor Hadley opened for discussion the bids received for the Roof Replacement for the Harmon Park Bathhouse and the West Portion of the City Hall Building and consider approval of Resolution No. 2005-31 awarding the bid to Dobberstein Roofing in the amount of $55,768.00.

 

Richard Stacy from Miller & Associates presented this matter to the Council. As part of the Long Range Goals and Budget process, the City Council approved a reroofing project for the east half of City Hall in 2002.  The Long Range Goals and Budget now allows for the west half of the building to be replaced this year. The Long Range Goals and the Budget process also include the replacement of the bathhouse roof at the Harmon Park Pool.

 

At the February 22, 2005 Council meeting the Council approved the plans and specifications for the Roof Replacement for the Harmon Park Bathhouse and the West Portion of the City Hall Building and set February 15, 2005 at 2:00 p.m. as the bid opening date and time. An addendum was issued to set the bid opening date for March 1, 2005.

 

Sealed bids were received by the City Clerk and opened on March 1, 2005 at 2:00 p.m.  Four bids were received.  A bid tabulation sheet and a letter recommending award of the bid from the City’s Engineer are attached for your review. Dobberstein Roofing from Kearney, Nebraska submitted the low bid in the amount of $55,768.00.  The low bid is under the amount budgeted and $74,232.00 below the engineer’s estimate.

 

Administration and the City’s engineers recommend the Council award the bid for the Roof Replacement for the Harmon Park Bathhouse and the West Portion of the City Hall Building to Dobberstein Roofing in the amount of $55,768.00.

 

Moved by Buschkoetter seconded by Hadley to approve the bids received for the Roof Replacement for the Harmon Park Bathhouse and the West Portion of the City Hall Building and approve Resolution No. 2005-31 awarding the bid to Dobberstein Roofing in the amount of $55,768.00. Roll call resulted as follows: Aye: Hadley, Lear, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2005-31

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on March 1, 2005, at 2:00 p.m. for the Roof Replacement for the Harmon Park Bathhouse and the West Portion of the City Hall Building; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $143,000.00; and

WHEREAS, the said engineers have recommended the bid offered by Dobberstein Roofing of Kearney, Nebraska in the sum of $55,768.00 be accepted as the lowest responsible bid.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Dobberstein Roofing of Kearney, Nebraska be and is the lowest responsible bidder for the Roof Replacement for the Harmon Park Bathhouse and the West Portion of the City Hall Building, to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Dobberstein Roofing of Kearney, Nebraska in the sum of $55,768.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the Roof Replacement for the Harmon Park Bathhouse and the West Portion of the City Hall Building in the amount of $143,000.00 be and is hereby accepted.

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

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

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

AGREEMENT WITH GAME AND PARKS COMMISSION – YANNEY PARK TRAIL

 

Mayor Hadley opened for discussion the Trails Development Assistance Fund Project Agreement between the City of Kearney and the Nebraska Game and Parks Commission for the E.K. & Mary Yanney Heritage Park Trail and to consider approval of Resolution No. 2005-32.

 

This item and the next items were discussed together but voted on separately.

 

Director of Park & Recreation Neal Lewis presented this matter and the next matter together to the Council. The City applied for a trails development assistance grant from the Nebraska Game and Parks Commission in the fall of 2004. We were awarded the grant of $35,074.50 in January of this year. This is a matching grant with the E.K. & Mary Yanney Heritage Park Foundation providing the matching $35,074.50. The City is only the grant administrator.

 

Brungardt Engineering has prepared the plans and specifications for the trail project. The Engineer’s Opinion of Probable Cost ranges from $45,000.00 and $70,000.00. The project is set to be completed by June 10, 2005 with a project bid date of March 28, 2005 at 2:00 p.m.

 

Administration recommends authorizing the Mayor to sign the Trails Development Assistance Fund Project Agreement between the City of Kearney and the Nebraska Game and Parks Commission, and approve of the plans and specifications and setting the bid date for March 28, 2005 at 2:00 p.m.

 

Moved by Hadley seconded by Kearney to approve the Trails Development Assistance Fund Project Agreement between the City of Kearney and the Nebraska Game and Parks Commission for the E.K. & Mary Yanney Heritage Park Trail and approve Resolution No. 2005-32.  Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2005-32

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the State of Nebraska Game and Parks Commission Trails Development Assistance Fund Project Agreement on behalf of the City of Kearney, Nebraska. A copy of the said Agreement, marked as Exhibit “A” is attached hereto and made a part hereof by reference.

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

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

PLANS AND SPECIFICATION FOR YANNEY PARK HIKE/BIKE TRAIL

 

Mayor Hadley opened for discussion the Plans and Specifications for the construction of the south loop of the hike/bike trail for the E.K. & Mary Yanney Heritage Park and set the bid opening date for March 28, 2005 at 2:00 p.m.

 

Paul Brungardt from Brungardt Engineering stated that the plan is to widen the sidewalk that comes across the south parking lot of Yanney Park which will loop around the south edge of the lake and then tie back into the second phase of the hike/bike trail.  Regarding access to the park, currently it ties in on the north side of the lake to the second phase of the hike/bike trail and this will continue that process all the way through the park, which will loop back and tie back into it.  The bids are sufficient and some alternates have been included to tie in some additional trail sections.

 

Moved by Kearney seconded by Lear to approve the Plans and Specifications for the construction of the south loop of the hike/bike trail for the E.K. & Mary Yanney Heritage Park and set the bid opening date for March 28, 2005 at 2:00 p.m. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

 

OPEN ACCOUNT CLAIMS -- NEBRASKA PUBLIC POWER DISTRICT $44.90; STAN CLOUSE $126.02; FREMONT NATIONAL BANK $36,579.09; BRUCE LEAR $115.02; GALEN HADLEY $225.37

 

Moved by Buschkoetter seconded by Hadley that Open Account Claims in the amount of $44.90 payable to Nebraska Public Power District; $126.02 payable to Stan Clouse; $36,579.09 payable to Fremont National Bank; $115.02 payable to Bruce Lear be allowed. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Kearney. Nay: None. Lear abstaining. Clouse abstained. Motion carried.

 

Moved by Kearney seconded by Lear that Open Account Claims in the amount of $225.37 payable to Galen Hadley be allowed. Roll call resulted as follows: Aye: Lear, Kearney, Buschkoetter. Nay: None. Hadley abstaining. Clouse abstained. Motion carried.

 

VII.    REPORTS

 

COUNCIL STUDY SESSION

 

City Manager Michael Morgan stated that he would like to begin having Council Study Sessions. He would like to have a Study Session on March 15, 2005 beginning at 4:00 p.m. in the City Manager’s Conference Room to discuss the assessment policy currently in place. The Study Sessions are intended to be informal and informative and will allow dialogue between staff and the City Council. The Study Sessions are open to the public and public input is limited to an Open Forum at the end of the Session. The Council members were in agreement that this was acceptable and a good idea.

 

VIII.    ADJOURN

 

Moved by Lear seconded by Buschkoetter that Council adjourn at 7:49 p.m. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse absent. Motion carried.

 

                                                                                    GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK