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Kearney, Nebraska

April 12, 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 April 12, 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; 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: Betty Warren, Jack Parker, Carlos Segura, Dan Lindstrom, Jacque Haupt, Reed Miller, Kent Cordes, Larry medley, Gregg Johnson, Mitch Humphrey, Steve Mercer, Paul Brungardt, Gerard Straka, Nicole Straka, Lance Lang, Dan Lynch, Kevin Hibbs, Robert McCoy, several homeowners of the Pines Condominium #1 Association, Mike Cahill from KKPR Radio.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

The Council held a moment of silent prayer

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Phil Paustian and Peter Adamson led the Council members and audience in the Pledge of Allegiance.

 

NATIONAL LIBRARY WEEK

 

Mayor Hadley proclaimed April 10-16, 2005 as “National Library Week’.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

Mayor Hadley stated that Regular Agenda Item No. 1 pertains to property being considered when the Council meets as the Board of Equalization. Two property owners have submitted applications for deferral of special assessments. The Council will need to act on these applications prior to the Board of Equalization.

 

DEFERREAL OF ASSESSMENTS ON PAVING IMPROVEMENT DISTRICT NO. 2003-873

 

Mayor Hadley opened for discussion the applications for deferral of special assessments submitted by NP Land Development, Inc., and Attorney Jack Parker on behalf of LeRoy Corrigan Trust, Roberta Corrigan, Trustee; Roberta Corrigan Farm, a Nebraska Limited Partnership in connection with Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive.

 

Section 19-2429 of the Nebraska Revised Statutes provides any owner of record title to make application to the city council for deferral of special assessments within ninety days after creation of an improvement district. Such land shall be adjacent to the city, which is within an agricultural use zone and is used exclusively for agricultural use.

 

Tim Norwood on behalf of NP Land Development and Attorney Jack Parker on behalf of LeRoy Corrigan Trust, Roberta Corrigan, Trustee; Roberta Corrigan Farm, a Nebraska Limited Partnership hereby apply for an agricultural deferral from special assessments pursuant to Neb. Rev. Stat. Sections 19-2428 to 19-2431.

 

Funds necessary to pay for the construction of these improvements have been included in the budget.  The deferral of the special assessments shall continue unless terminated upon any of the following events: (1) notification by the owner of record title to the city council to remove such deferral; (2) sale or transfer to a new owner who does not make a new application within sixty days of the sale or transfer; (3) transfer by reason of death of a former owner to a new owner who does not make application within 125 days of the transfer; (4) the land is no longer being used as agricultural land; or (5) change of zoning to other than an agricultural zone.

 

Attorney Jack Parker presented this matter to the Council. He represents both clients, who are asking for an agricultural deferment.  The first client is Roberta Corrigan, trustee for LeRoy Corrigan and Corrigan Farms in which she is a general partner.  This land has been developed by two different plats, but remains primarily agricultural.  The land that is being considered for special assessment is still zoned agricultural and is used exclusively for agriculture. It will be used for that purpose for some time in the future because there is a drainage ditch running across the land, which turns to the east.  The second client is Tim Norwood, president of NP Land Development, owners of the quarter section immediately east of the first quarter previously mentioned.  There is a part of this land that is being used for agriculture, which will remain the same until they are ready to develop that section. 

 

Moved by Kearney seconded by Clouse to approve the applications for deferral of special assessments submitted by NP Land Development, Inc., and Attorney Jack Parker on behalf of LeRoy Corrigan Trust, Roberta Corrigan, Trustee; Roberta Corrigan Farm, a Nebraska Limited Partnership in connection with Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

BOARD OF EQUALIZATION – PAVING IMPROVEMENT DISTRICT NOS. 98-788 AND 2003-873

 

Mayor Hadley conducted the public hearing for the Council to meet as the Board of Equalization to assess costs for Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive, and for Lot 3, Block 1, Camelot First Addition, an Addition to the City of Kearney in connection with Paving Improvement District No. 98-788 for Avenue N from 56th Street north 1,700± feet and to consider approval of Resolution No. 2005-41.

 

The City, on March 10, 1998, created a paving district known as Paving Improvement District No. 98-788 for Avenue N from 56th Street north 1,700 feet.  On March 25, 2003 the City Council created Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive. Both of these projects were included on City’s One and Six Year Street Improvement Plan. The paving portion considered for assessment is represented by all labor, materials, and equipment required to pave a 36-foot wide, 6-inch thick concrete street. Paving width/thickness, oversizing and intersections are not subject to assessment. On an arterial, the City does not assess back to a single family or duplex; that is general obligation.  The City does try to limit the number of driveways on the arterial and build it that way.

 

After the creation of Paving Improvement District No. 98-788, at that time a portion of the property was zoned agricultural and the property owner applied for an agricultural deferment in accordance with Nebraska State law. The Nebraska Statutes provide that the agricultural deferment terminates upon any of the following events:

1)       Notification by the owner of record title to the city council to remove such deferral;

2)       Sale or transfer to a new owner who does not make a new application within sixty days of the sale or transfer;

3)       Transfer by reason of death of a former owner to a new owner who does not make application within 125 days of the transfer;

4)       The land is no longer being used as agricultural land; or

5)       Change of zoning to other than an agricultural zone.

 

With regard to the corner of 56th Street and Avenue N, this land was sold and is no longer being used as agricultural; therefore, the Council will consider assessing that portion of Avenue N.

 

Resolution No. 98-120, passed by the Council on May 26, 1998, established a policy for assessment standards for paving districts. Single family and duplex development along arterial streets are not assessed for paving improvements.  The intent of the policy was to give developers an incentive to develop low density residential along the arterial street system in order to reduce the access points improving safety and traffic flow along our arterial street system. It was not clear if the City could assess previously deferred property if they rezoned the property to a high density residential, commercial, or industrial zone in the future.  Therefore, in order to clarify this for both the property owner and City staff the City Council adopted Resolution No. 2004-99 that would require the property owner to apply for a “Residential – Low Density” deferral of the special assessments which is similar to an “Agricultural” deferral.

 

After the creation of Paving Improvement District No. 2003-873, one of the property owners applied for an agricultural deferment on June 10, 2003 and the Council approved such deferment. The land is still zoned agricultural. There are also some parcels of land located along 56th Street which will not be assessed for the reason it was developed as single family or duplex development.

 

The City Council is asked to sit as a Board of Equalization to levy the assessments.  Property owners will then be required to pay the first installment within 50 days (June 1, 2005) or will be able to pay the entire assessment without any interest prior to this date.  If the property owners elect not to pay the entire assessment prior to June 1, 2005, they will be billed annually over ten years. The City of Kearney has already issued warrants to pay for the construction work.

 

Attorney Dan Lindstrom, representing homeowners of the Pines Condominium #1, which is located in Lot 1 of Skiview Second Addition and is the property immediately adjacent to Parklane Drive and to the south side of 56th Street, stated  the homeowner’s association consists of owners of four duplexes and one building that has four units in it.  Each of these units is all owned by the individual homeowners and the original developer has no interest in these buildings.  They are requesting relief from the assessment because the City’s policy seems to be ambiguous as to the types of buildings that they own.  City Manager has visited with representatives of the association and Mr. Lindstrom about this.  Mr. Lindstrom said that he believes that they have reached a workable solution in terms of a compromise in that the association would be willing to have the four-plex assessed with the idea that the remaining duplexes in that association would not be assessed for these improvements. 

 

Pastor Marvin Valnoy of Kearney Baptist Church stated they are being assessed $23,000 and being a small church asked if they could get any reduction or relief with that amount.  Larry Medley, a member of the Kearney Baptist Church, stated that they only paid $60,000 for the church a long time ago and believed they should be exempt from this assessment.  Council Member Buschkoetter stated his understanding that it is standard practice that churches are subject to street assessments.  City Attorney affirmed. 

 

Director of Finance and Administration stated that the assessment could be extended over 20 years with six percent interest.  Mayor Hadley stated this rate is the same that is charged for any extension.  Council member Lear asked if the City has ever done this for a church or others in the past.  Director of Public Works responded that some years ago the City did extend an assessment for an elderly lady that was on a fixed income.  It could be applied to anyone who had some hardship.   Council member Buschkoetter asked Pastor Valnoy to choose which he would prefer 10, 15, or 20 years considering the interest.  Pastor Valnoy preferred 20 years.

 

Moved by Clouse seconded by Lear to close the hearing for the Council to meet as the Board of Equalization to assess costs for Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive, and for Lot 3, Block 1, Camelot First Addition, an Addition to the City of Kearney in connection with Paving Improvement District No. 98-788 for Avenue N from 56th Street north 1,700± feet and approve Resolution No. 2005-41 with the provision that the assessments for the Kearney Baptist Church be extended over a 20-year period. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-41

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA:

 

            Section 1.  The President and Council find and determine that the streets in Paving Improvement District Nos. 98-788 and 2003-873 have been improved by paving, curbing and guttering and incidental work, that none of the properties listed, which list is marked Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedule does not exceed the amounts which said lot and parcel of ground was specially benefited by said improvements and the total amount of said special assessments does not exceed the costs of said improvements exclusive of the cost of the intersections and areas formed by the crossing of streets, avenues and alleys as heretofore determined by the Mayor and City Council.

            Section 2.  Notice of the time and purpose of hearing on special assessments for equalizing said special assessments has been published as provided by law in the Kearney Hub, and a copy of said notice mailed by certified mail to each party known to have a direct legal interest therein.

            Section 3.  That there be and there is hereby levied against the lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground.  Said assessments for Paving Improvement District Nos. 98-788 and 2003-873 shall become delinquent as follows:

            1/10th fifty days after date of this Resolution

            1/10th one year after date of this Resolution

            1/10th two years after date of this Resolution

            1/10th three years after date of this Resolution

            1/10th four years after date of this Resolution

            1/10th five years after date of this Resolution

            1/10th six years after date of this Resolution

            1/10th seven years after date of this Resolution

            1/10th eight years after date of this Resolution

            1/10th nine years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of six per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

            Section 4.  That there be and there is hereby levied against Lot 28 of Block 7, Countryside Estates Addition to the City of Kearney, Buffalo County, Nebraska the amount of $23,597.44.  Said assessments for said lot in Paving Improvement District No. 2003-873 shall become delinquent as follows:

            1/20th fifty days after date of this Resolution

            1/20th one year after date of this Resolution

            1/20th two years after date of this Resolution

            1/20th three years after date of this Resolution

            1/20th four years after date of this Resolution

            1/20th five years after date of this Resolution

            1/20th six years after date of this Resolution

            1/20th seven years after date of this Resolution

            1/20th eight years after date of this Resolution

            1/20th nine years after date of this Resolution

            1/20th ten years after date of this Resolution

            1/20th eleven years after date of this Resolution

            1/20th twelve years after date of this Resolution

            1/20th thirteen years after date of this Resolution

            1/20th fourteen years after date of this Resolution

            1/20th fifteen years after date of this Resolution

            1/20th sixteen years after date of this Resolution

            1/20th seventeen years after date of this Resolution

            1/20th eighteen years after date of this Resolution

            1/20th nineteen years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of six per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

            PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

DEVELOPMENT PLAN APPROVAL – 615 WEST 39TH STREET

 

Mayor Hadley opened the public hearing on the Application submitted by Gregg Johnson for Johnson Imperial Home Co. (Applicant and Owner) for Planned District Development Plan Approval for the construction of a medical/office facility on property zoned to “District C-0/PD, Office District/Planned Development Overlay District” and described as Lot 7, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (615 West 39th Street) and to consider approval of Resolution No. 2005-42. Planning Commission recommended approval.

 

The applicant is requesting approval of Development Plans for a medical office building located at the northeast corner of the intersection of 7th Avenue and 39th Street. This property is located in a “planned” zoning district C-0/PD, thereby requiring review and approval of Development Plans.

 

This project consists of an attractive office building, some 10,200 square feet in floor area with a 1,500 square foot basement for storage.  There are 47 parking spaces required and 47 provided.  A Landscape Plan is provided that meets and exceeds all code requirements.  The owners want this building to have nice street appeal and have proposed additional landscaping.  All trees specified on the plan meet the minimum size requirements.  All landscaped areas will be irrigated.  The building itself is very attractive constructed primarily from brick and EFIS with a sloped shingled roof.  This project should look nice along 39th Street and fits well within the context and character of its surroundings.  Drainage shall flow north in 7th Avenue to an existing storm drain system that ultimately goes into the cell behind K‑Mart for detention.

 

Gregg Johnson from Johnson Imperial Homes stated this project is a new medical facility for Drs. Connely, Pflug and Owen.  They have submitted the revised site drawings to Building and Zoning.  The building is a brick structure (approximately 10,200 sq. ft.) to be located on the corner of 7th Avenue and 39th Street.  The water drainage will drain to the west and flow into 7th Avenue and end up in the retention cell, which is behind K-Mart.  The site plan was slightly revised at the doctors request for a more extensive landscaping plan, which should be agreeable. 

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Gregg Johnson for Johnson Imperial Home Co. (Applicant and Owner) for Planned District Development Plan Approval for the construction of a medical/office facility on property zoned to “District C-0/PD, Office District/Planned Development Overlay District” and described as Lot 7, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (615 West 39th Street) and approve Resolution No. 2005-42. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-42

 

            WHEREAS, Gregg Johnson for Johnson Imperial Home Co. (Applicant and Owner) has applied for Planned District Development Plan Approval for the construction of a medical/office facility on property zoned “District C-0/PD, Office District/Planned Development Overlay District” and described as Lot 7, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (615 West 39th Street).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Gregg Johnson for Johnson Imperial Home Co. (Applicant and Owner) for District Planned Development Plan Approval for the construction of a medical/office facility on property zoned “District C-0/PD, Office District/Planned Development Overlay District” and described as Lot 7, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (615 West 39th Street) be approved.

PASSED AND APPROVED THE 12TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

DEVELOPMENT PLAN APPROVAL – 115 EAST 52ND STREET

 

Mayor Hadley opened the public hearing on the Application submitted by Gerard and Nicole Straka (Applicant) and Diane Belschner (Owner) for Planned District Development Plan Approval for the construction of an office on property zoned to “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as the east 125 feet of Lot 1 of Block 2, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (115 East 52nd Street) and to consider approval of Resolution No. 2005-43. Planning Commission recommended approval subject to the landscaping issues being addressed before going to Council.

 

The applicant is requesting approval of Development Plans for an office building located at 115 East 52nd Street. This property is located in a “planned” zoning district C-2/PD, thereby requiring review and approval of Development Plans.

 

The office building contains 5,424 square feet.  No basement is proposed. There are 17 parking spaces required and 18 provided.  A future phase includes a two car garage that will be used for storage.  The applicant would like to have the future phase approved at this time to avoid coming back before Planning Commission and City Council in the future. Total impervious coverage is 58 percent. A Landscape Plan is provided and all landscaped areas will be irrigated. 

 

The buildings will be constructed of brick with asphalt shingles and will fit well in the neighborhood.  The garage shall be constructed of the same materials and architectural style as the main structure.

 

Stormwater detention is required. It appears that the required storage can be attained by sumping a corner of the parking lot. The City Engineer has requested stormwater computations. The stormwater comps must be approved by the City Engineer before a building permit will be issued.

 

Gerard Straka stated that he worked with the City Planner and added the extra trees requested and worked out the drainage problem.  Council member Buschkoetter stated that he understood that the concrete work would be done in advance and the building would be constructed later.  Mr. Straka responded there will be a detached building (basically a garage) which he took a permit out to do the concrete work for both at the same time. The detached building will be done within six months to a year.  Director of Public Works stated that a lot of contractors bring in their projects in phases, but typically they do not put the concrete in until they are ready to construct the building.  To put the concrete in now, will allow them to get the landscaping and the sprinkler system in and have everything set up.  At this time it will be used as additional parking stalls until the garage is constructed.

 

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 Gerard and Nicole Straka (Applicant) and Diane Belschner (Owner) for Planned District Development Plan Approval for the construction of an office on property zoned to “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as the east 125 feet of Lot 1 of Block 2, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (115 East 52nd Street) and approve Resolution No. 2005-43. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-43

 

            WHEREAS, Gerard and Nicole Straka (Applicant) and Diane Belschner (Owner) have applied for Planned District Development Plan Approval for the construction of an office facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as the east 125 feet of Lot 1 of Block 2, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (115 East 52nd Street).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Gerard and Nicole Straka (Applicant) and Diane Belschner (Owner) for District Planned Development Plan Approval for the construction of an office facility on property zoned “District C-2/PD, Community  Commercial District/Planned Development Overlay District” and described as the east 125 feet of Lot 1 of Block 2, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (115 East 52nd Street) be approved.

PASSED AND APPROVED THE 12TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

REZONING – SOUTH OF THE INTERSECTION OF 22ND AVENUE AND 42ND STREET

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Daniel Roeder (Owner) to rezone from “District R-1, Urban Residential Single-Family District (Low Density)” to “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of the West Half of the Southeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, formerly known as Lots 1, 2, 3 of Block 3, Sunny Meadows Estates to the City of Kearney, Buffalo County, Nebraska (south of the intersection of 22nd Avenue and 42nd Street). Planning Commission recommended approval.

 

The applicant is requesting approval to develop an infill site in Sunny Meadows Estates.  Currently, an “eyebrow” on the east side of 22nd Avenue provides access to three platted lots that are zoned R-1.  The applicant would like to vacate these lots, change the zoning and replat the project on one larger lot.  Therefore, the project requires rezoning, vacation, street vacation and subdivision platting.

 

Lots 1, 2 and 3 of Block 3, Sunny Meadows Estates must be vacated to accommodate replatting this land into a larger single lot consisting of the three original lots combined, and to be known as “Sunny Meadows Estates 3rd Addition”.

 

The platted eyebrow on the east side of 22nd Avenue, north of 39th Street and south of 42nd Street, as it abuts this parcel must be vacated.  The street will become a traditional 36-foot wide concrete curb and gutter street within a 60-foot right-of-way that provides access to this development.  The setbacks that were oriented to the eyebrow have been vacated and the new setbacks from the street right-of-way are shown on the subdivision plat.

 

The applicant is requesting rezoning of the parcel that was previously three lots and is now one lot, containing 49,928 square feet, from R-1 to R-2 to allow the construction of two buildings – a duplex and a three unit townhouse.  There is adequate site area to support the proposed density of development.  The property abuts R-2 and R-1 zoning with a church on one side.  Staff believes that the proposed project will fit within the neighborhood context and character.

 

The Preliminary Plat and Final Plat consist of a one-lot subdivision to be known as Sunny Meadows Estates 3rd Addition.  The Planning Commission approved the Preliminary Plat on March 18, 2005.  Staff has reviewed the subdivision proposal and concludes that there are no apparent concerns.  Setbacks are shown; required separation between the buildings can be achieved.  Due to the steep grade on the back side of the lot some retaining walls will be necessary.

 

Mitch Humphrey from Buffalo Surveying was presented to answer any questions from the Council. 

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Kearney to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Daniel Roeder (Owner) to rezone from “District R-1, Urban Residential Single-Family District (Low Density)” to “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of the West Half of the Southeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, formerly known as Lots 1, 2, 3 of Block 3, Sunny Meadows Estates to the City of Kearney, Buffalo County, Nebraska (south of the intersection of 22nd Avenue and 42nd Street). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

LAND USE MAP AMENDMENT – ONE HALF MILE EAST OF THE INTERSECTION OF ANTELOPE AVENUE AND 11TH STREET

 

Mayor Hadley stated that Public Hearings 5 and 6 can be discussed together but voted on separately.

 

Mayor Hadley opened the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agriculture” to “Rural Estates” property described as a tract of land being part of the East Half of the Northwest Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., containing 8.3 acres, more or less, Buffalo County, Nebraska (one half mile east of the intersection of Antelope Avenue and 11th Street) and to consider approval of Resolution No. 2005-44. Planning Commission recommended approval.

 

The applicant is requesting approval to develop a single lot residential site on the south side of 11th Street approximately ½ mile east of Antelope Avenue.  The proposed lot is 8.3 acres in size and sits just west of the Mercer Feedlot operation.  This project requires an amendment to the Land Use Map of the Comprehensive Development Plan, rezoning, and subdivision platting.

 

The applicant is requesting rezoning of 8.3 acres from Agricultural to RR-1, Rural Residential District (Rural Standards) to construct a rural residence.  The Land Use Map shows this area to be “Agricultural”.  The rezoning request causes the Land Use Map to be amended to “Rural Estates”.  The house site will be served by individual well and septic systems.

 

The Preliminary Plat and Final Plat consist of a one-lot subdivision to be known as Archview Estates.  Planning Commission approved the Preliminary Plat on March 18, 2005.  Staff has reviewed the subdivision proposal and concludes that there are no apparent concerns.  Right-of-way is dedicated on the Final Plat for a total of 50 feet from the centerline which is the City of Kearney standard for arterial roadways.

 

Mitch Humphrey from Buffalo Surveying was presented to answer any questions from the Council. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agriculture” to “Rural Estates” property described as a tract of land being part of the East Half of the Northwest Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., containing 8.3 acres, more or less, Buffalo County, Nebraska (one half mile east of the intersection of Antelope Avenue and 11th Street) and approve Resolution No. 2005-44. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-44

 

            WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land being part of the East Half of the Northwest Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows:  Referring to the northeast corner of the Northwest Quarter of Section 8 and assuming the north line of said Section 8 as bearing WEST and all bearings contained herein are relative thereto; thence WEST on the north line of said Section 8 a distance of 28.95 feet to the ACTUAL PLACE OF BEGINNING; thence continuing WEST on the north line of said Section 8 a distance of 678.71 feet; thence S00°22’49”E a distance of 581.13 feet; thence N89°56’08”E a distance of 556.68 feet; thence N02°03’56”W a distance of 258.77 feet; thence N88°47’43”E a distance of 128.1 feet; thence N00°06’10”W a distance of 319.19 feet to the place of beginning, containing 8.30 acres, more or less, all in Buffalo County, Nebraska (one half mile east of the intersection of Antelope Avenue and 11th Street), from “Agricultural” to “Rural Estates”, and

            WHEREAS, the said application for change in the Comprehensive Land Use Plan has been approved by the City Planning Commission, after a public hearing properly published and held, and

            WHEREAS, the City Council has held a public hearing upon the said revision and voted in favor of a motion to approve the change in the Land Use Plan as requested by the applicant.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Agricultural” to “Rural Estates” the use classification for the area described as a tract of land being part of the East Half of the Northwest Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows:  Referring to the northeast corner of the Northwest Quarter of Section 8 and assuming the north line of said Section 8 as bearing WEST and all bearings contained herein are relative thereto; thence WEST on the north line of said Section 8 a distance of 28.95 feet to the ACTUAL PLACE OF BEGINNING; thence continuing WEST on the north line of said Section 8 a distance of 678.71 feet; thence S00°22’49”E a distance of 581.13 feet; thence N89°56’08”E a distance of 556.68 feet; thence N02°03’56”W a distance of 258.77 feet; thence N88°47’43”E a distance of 128.1 feet; thence N00°06’10”W a distance of 319.19 feet to the place of beginning, containing 8.30 acres, more or less, all in Buffalo County, Nebraska (one half mile east of the intersection of Antelope Avenue and 11th Street).

            PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.

 

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

REZONING – ONE HALF MILE EAST OF THE INTERSECTION OF ANTELOPE AVENUE AND 11TH STREET

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Steven Mercer (Owners) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as a tract of land being part of the East Half of the Northwest Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., containing 8.3 acres, more or less, Buffalo County, Nebraska (one half mile east of the intersection of Antelope Avenue and 11th Street). Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Steven Mercer (Owners) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as a tract of land being part of the East Half of the Northwest Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., containing 8.3 acres, more or less, Buffalo County, Nebraska (one half mile east of the intersection of Antelope Avenue and 11th Street). Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

AMEND CHAPTER 14 OF UNIFIED LAND DEVELOPMENT ORDINANCE

 

Mayor Hadley opened the public hearing on the proposed amendment to Chapter 14 “Zoning District Regulations” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to include car washes as a conditional use in a “District C-1, Limited Commercial District” zone with a Conditional Use Permit. Planning Commission recommended approval.

 

City Planner Lance Lang presented this matter to the Council. In the Unified Land Development Ordinance car washes are considered to be a use type listed under “auto services”.  Auto services are allowed by right in Districts C-2 (Community Commercial), CBD (Kearney Center Mixed Use), C-3 (General Commercial), BP (Business Park), M-1 (Limited Industrial) and M-2 (General Industrial) and with a Conditional Use Permit (CUP) in District UC (Mixed Use Urban Corridor).  The only commercial zones that do not allow auto services are C-0 (Office) and C-1 (Limited Commercial). 

 

Since C-0 is an office zone, staff agrees that car washes should be prohibited.  In C‑1, neighborhood commercial districts, a car wash may or may not “fit” into the character of the neighborhood.  A CUP will allow for public review of each proposal on a case by case basis.  Staff believes that the CUP process will provide for adequate review of proposed car wash locations in C-1 zones.  You may recall, in the previous zoning ordinance, car washes were allowed by CUP in all commercial zones except C-0.

 

From time to time developers come in and want to build a project that does not exactly fit with the Code and that results in a review of the ordinance and how the City can make it work for them.  They have to be sympathetic with the neighbors’ needs in considering these projects.  Recently, the Council authorized a CUP for a therapeutic riding facility. This would be an additional amendment that would allow this particular use for a car wash or as it is referred to “auto services” in the Code, in a C-1 zone.  A C-1 is a neighborhood commercial zone, which is not the same as a highway commercial or a heavier commercial zone so there is sensitivity how it affects those neighboring homes. 

 

A Conditional Use Permit is an extra layering of review and approval and conditions can be applied.  It is specific to a particular parcel for a particular use for one owner for a particular amount of time.  It is the most control that can be achieved through the zoning regulations.  In the existing zoning of C-2, C-3, CBD and other commercial zones, car washes are allowed by right.  They are proposing in this C-1 zone that car washes would be allowed with the use of a conditional use permit.  The Planning Commission had quite a bit of discussion about this.  One of the issues discussed was that there is a fair amount of capital investment that goes into building a car wash and it is a single use type of facility not easily adaptive to making it into something else.  The way that CUP works is that it could be revoked if the owner does not hold up their end of the regulations, theoretically the permit could be revoked, which would affect that capital investment.  

 

At the end of the Planning Commission discussion, the choices were to not allow car washes in C-1 zoning, to allow them by right or to allow them with a CUP.  They chose to recommend the Conditional Use Permit.  Mr. Lang stated that the conditions that might be attached to a CUP for a car wash are, limit hours of operation, lights, noise, over spray, traffic.  These conditions would be based on the opportunity of the neighbors voicing their concerns through the public hearing process before they are presented to the Council for approval.  Length of time for a CUP varies from 6 months to perpetuity; they do not have to have an exact time limit.  An investment in a facility like this would probably not have a time limit on it, but the owner would have to understand that at the time he agreed to the conditions would be in force for as long as he was in business and could be revoked at any time by the Council for infractions. 

 

The process for revocation begins with a letter informing the owner that they are in violation of the conditions of the permit and enclose a copy of the ordinance that has the official text and conditions they agreed to follow.  He did not recall that any CUP had to be revoked.  If they did not comply with the condition after the letter was received, then it would be turned over to the City Attorney’s office to take whatever action was deemed to be appropriate.  Mr. Lang stated that there are several car washes in town that were originally authorized under Conditional Use Permits because the old code was revised so that car washes in any district had to have a CUP. Under the new UDO, car washes are allowed by right under a C-2, C-3, but not C-1. Another possibility is to rezone the subject property from C-1 to C-2 and in most cases C-1 zoning is a petty good distance away from your regular commercial like on 2nd Avenue or Highway 30.  Since this is now a neighborhood type commercial, the danger in upgrading to a higher intensity commercial type zone, it allows for more type “C” uses that might not be appropriate.  Their policy has been to limit those external commercial in the community to C-1 (neighborhood commercial) and not go any higher than that.

 

Council member Lear asked if there are any other uses with this type of capital investment that utilize a CUP?  He estimated this as a $500,000-$800,000 project that the City would be looking at potentially revoking it for that use.  Director of Public Works stated that Randy Stone’s veterinary clinic on 56th Street is under a CUP.  Originally, when he came in, he was quite a ways out of the City limits and the City gave him 20-25 years for the CUP.  He has approximately seven years left on it.  At the end of that period, it can be renewed for another term or revokeed.  He was aware of the timeline when he made the agreement. 

 

City Attorney stated that when the City grants these Conditional Use Permits, it needs to view these projects that have a substantial investment as sort of a vested right which could not be taken away on a whim.  It would have to have substantiated reasons to revoke that permit and it would require a “show cause hearing” and the City would have to bring the “grounds and charges”.  He has always tried to caution the Council that when they grant these CUPs they need to be viewed as permanent. Unless there are some substantial neighborhood outcries or violations, it would be very difficult to take a CUP away. 

 

Council member Clouse asked it makes more sense to do these CUPs on a case by case basis or if we should have a particular set of standards that apply to their operations, such as a car wash.  Not having to continually review these types of projects with conditions, but to have a set standard on the type of zoning where they are allowed.

 

City Planner responded there is a section of the Code that deals with supplement regulations for certain negative external effects such as the particular thing might be unsightly smell, or they are noisy.  They could pursue this by allowing car washes in a C-1 by right with supplemental regulations attached instead allowing then in C-1 across the board with a CUP.  They can look at that and suggest what the regulations might be and bring them back for review.

 

He further explained that Muddy Mike’s Car Wash on 39th Street and Avenue N (by Casey General Store) came in under the old Code, and car washes were allowed in C-1 and the Code was amended making a CUP requirement.  In their case, there was no houses close at that time to their site.  In other parts of town where there is C-1 zoning, there might be houses closer to the car washes, but with the Conditional Use Permit you look at a particular parcel with a specific use with a case-by-case basis. 

 

There was some discussion among the Council about which would have a greater impact on the neighbors, a convenience store or a car wash.  The convenience store does not require a CUP, but a car wash would.  If the Code were amended to as proposed that car washes are allowed in a C-1 but must have a Conditional Use Permit than any application would go to Planning Commission and to City Council in every case.  Director of Public Works stated one of the considerations was to allow car washes in a C-1 zone, but that did not give any control over that kind of project regarding screen fence, landscaping or how it fits on the site.  City Planner stated they have to meet setbacks and things like that but nothing more. 

 

City Manager agreed that the City Planner made a good point and his experience has been that they are not all alike.  If you develop standard restrictions, it can end up being overly restrictive more than you like based on certain criteria that might not be prudent in other areas of the community.  The Conditional Use Permit is usually used in the process.

 

Council member Lear commented he has a hard time distinguishing why a Conditional Use Permit process applies to a car wash and not to a convenience store. He believed they could run into problems by reviewing each case and being subject to the whims of whoever is involved versus making the same set of rules for everyone for this type of business.  This will continually bring more things before the Council for review.

 

City Manager stated that routinely planning and zoning cases do look at car washes as a difficult use sometimes.  Surprisingly, car washes do raise neighborhood issues that convenience stores do not.  He has experienced some major battles with car washes next to convenience stores.  For example, noise with timers going off, people congregating late at night washing cars, the mist during certain time of the year, lights.  Another restriction might be for vacuum cleaners which are very loud.  Car washes are generally seen as a more intense use.  City Planner added that when talking with the neighbors about the proposed car wash on 56th Street, the comment was that they expected to have a convenience store in the area, but were not necessarily okay with a car wash being there.  In the old Code, there were Conditional Use Permits required for car washes in all zones. 

 

City Manager suggested that Staff and Council prepare a list of options and evaluate those as potential conditions.  The Conditional Use Permits are routinely used in car washes as a planning tool.  The other option that governmental bodies struggle with is to not allow them.  He believed that the CUP allows communities and Planning Commissions to find another option.

 

Council member Lear asked if we have any other car wash projects pending.  City Planner stated there is a gentleman who wants to build a car wash in a C-1 zone at 56th Street and Avenue N.  He was originally on the agenda following this hearing, but decided to table it at the Planning Commission.  He will work with the neighbors who had concerns and by putting in fences and landscaping and making certain concessions they would agree to then he would come back. He hoped if this amendment for the Conditional Use Permit was approved, then things like a 6-foot fence, limit the hours of operation, make it a fully enclosed facility, have sharp cutoff lighting and whatever conditions would be to appease the neighbors would be included in his conditions.  He did not know what degree of success he has had with the neighbors at this point, but hoped to bring it back to next month’s meeting.  Director of Public Works stated this applicant would have to bring it back by the next two meetings or he would have to reapply.   Council member Lear stated his larger concern is more philosophical, he believes that singling out one type of business for a CUP and he thinks that will cause inconsistencies and the fact that they have the right to revoke one involving that kind of investment.  

 

City Manager stated that car washes are a unique use and he wanted to know if this issue came up in Planning Commission.  Director of Pubic Works responded that there was some discussion on limiting the number of bays on a car wash.  This particular one is an automatic car wash, not the drive in and load the coins type.  This is the type that the doors come down and you drive through it, like at 56th Street and 2nd Avenue, which is a C-2 zone.  You fill up with a tank of gas and get a wash.  City Planner stated Thirsty’s (C-3 zone) just put in a car wash and the one being proposed is being provided by the same company, but is an upgraded model that is expected to be quieter and more compatible in this type of situation.  Council member Lear commented that the C-3 zone allowed the car wash by right and there is residential right behind them.  City Planner responded it was put in under the old Code and so a Conditional Use Permit was required for a car wash in all zones at that time. 

 

Council Member Clouse commented he would feel better if the City had a CUP on all zones and identified car washes as a use type in the Code and put it the same across the board.  The City does single different industries out through out the Code, so car washes would not be the only one to ever be singled out.  City Planner stated that car washes are lumped in with “auto services” which might include window tinting and detailing etc.  He suggested pulling that out so that it might be more easily identifiable.  Council member Kearney commented he would feel more comfortable to send this back to Planning and Zoning to review after the discussion tonight.  He likes to have Planning and Zoning make the recommendations along the lines of the conversation that has taken place.

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and to remand back to the Planning Commission for further review the proposed amendment to Chapter 14 “Zoning District Regulations” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to include car washes as a conditional use in a “District C-1, Limited Commercial District” zone with a Conditional Use Permit, to review separating the classification of car wash from auto services.  Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

CDBG GRANT APPLICATION

 

Mayor Hadley opened the public hearing on the application to the Department of Economic Development for a Community Development Block Grant and to consider approval of Resolution No. 2005-45.

 

The City of Kearney has an opportunity to apply for Community Development Block Grant Funds from the Nebraska Department of Economic Development during the 2005 Application cycle in the amount of $174,165.00.  These grant funds are being allocated to eight communities in Nebraska as a pilot program to assess the community facility and housing needs in pre-determined areas within the community.  The application would be funded under a new Comprehensive Revitalization category.

 

The objective of the Comprehensive Revitalization Category is to provide flexible investments in housing and infrastructure to carry out a comprehensive strategy of revitalization to stabilize and enhance clearly defined residential neighborhoods with concentrations of persons with lower incomes.

 

The primary national objective of the CDBG Program is the “development of viable urban communities by providing decent housing and a suitable living environment, particularly for low and moderate-income persons.” All project activities submitted for funding with Comprehensive Revitalization funds must meet the national objective of benefit to low and moderate income.

 

The first phase of this program is to apply for a Planning Grant to assess the needs in all the pre-determined areas.  The Grant would be in the amount of $8,000, and the City of Kearney would need to match this amount with $2,500 of local funds.  The study would be completed during the period of May 20, 2005 through November 21, 2005.  Projects that are identified as CDBG eligible could then be subsequently applied for and funded with grant funds during the 2006, 2007 and 2008 application cycles.

 

Jacque Haupt from Miller & Associates presented this matter to the Council. The City of Kearney has been a recipient of CDBG for the past 20 years.  The City has received funds for public works, tourism and economic development.  This is a similar type of application.  These funds are available for the City under what is called “Community Revitalization” application, which is a new category.  The department is allocating funds to eight communities across Nebraska and allowing those communities to do a study in specific areas and then apply for these funds.  Kearney is one of those selected communities.  The first phase of the program is to apply for study funds.  These funds would be to have community meetings around the City, possibly to distribute a survey document, which would be used to assess the needs, of what those residents feel are important.  The City would then look at those needs and decide what is an eligible activity within the community development block grant program. At that time, the City would be able to apply for the additional funds from the State.  The study information will be processed between the months of May and November.  In November, we would actually do a formal application for the $172,000 that the State has set aside for the City of Kearney for the 2006.  The City would then apply in subsequent years for 2007 and 2008 if you have eligible projects that meet their application guidelines.  

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the application to the Department of Economic Development for a Community Development Block Grant and approve Resolution No. 2005-45. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-45

 

            WHEREAS, the City of Kearney, Nebraska is an eligible unit of a general local government authorized to file an application under the Housing and Community Development Act of 1974 as amended for Small Cities Community Development Block Grant Program; and

            WHEREAS, the City of Kearney, Nebraska, has obtained its citizens’ comments on community development and housing needs; and has conducted public hearing(s) upon the proposed application and received favorable public comment respecting the application which for an amount of $8,000 for community development planning.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Mayor be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Kearney and the Nebraska Department of Economic Development so as to effect acceptance of the grant application.

            PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

JUSTICE ASSISTANCE GRANT APPLICATION

 

Mayor Hadley opened the public hearing on the application to the U.S. Department of Justice for a Justice Assistance Grant and to consider approval of Resolution No. 2005-46.

 

Chief of Police Dan Lynch presented this matter to the Council. The Justice Assistance Grant Program is a federal program from the Department of Justice.  This granting program, replaces both the Local Law Enforcement Block Grant and the Byrne Grant program.  Unfortunately, the previously budgeted amounts in these two programs have been significantly reduced.  The City of Kearney has qualified for the direct award Local Law Enforcement Program for several years.  The Department of Justice declared the City’s program a “disparate county” in 2001.  Since that time, the Police Department has shared the award with the Buffalo County Sheriff’s Department.

 

In part, the equipment designated will be used by the joint Emergency Services Unit and the Fatality Accident Investigation Team.  Both these groups are made up of officers and deputies from each agency.  Along with the training and equipment for these groups, the City also intends to purchase a camera to be shared by the investigative staff and a second speed trailer for traffic enforcement.

 

Though the City does not know the complete parameters of the latest program, the City does know the award will be $16,921.00.  In the past, the City has been obligated to provide a 10% match to that figure.  There has been discussion that the match may increase to 25%, but that has not been stipulated to this point.  The total purchases planned, are $20,690.00, and would be supplemented from existing budget moneys.

 

The $16,921.00 award is a substantial amount and will benefit both agencies.  The match, whether it is at a 10% or 20% level, still makes the grant money attractive and usable. This is a requirement to qualify for the grant funds. If approved and awarded, the moneys will be disbursed over a 2 year period.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Kearney to close the hearing and approve the application to the U.S. Department of Justice for a Justice Assistance Grant and approve Resolution No. 2005-46. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-46

 

            WHEREAS, the City of Kearney, Nebraska is an eligible unit of a general local government authorized to file an application under the Justice Assistance Grant Program; and

            WHEREAS, the City of Kearney, Nebraska has obtained its citizens’ comments on law enforcement needs; and has conducted a public hearing upon the proposed application and received favorable public comment respecting the application which for an amount of $16,921.00 for the purchase of equipment.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President of the Council be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Kearney, Nebraska and the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice so as to effect acceptance of the grant application.

            PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Council member Lear abstained from voting on Subsection 5 of the Consent Agenda for the reason he is employed by Platte Valley State Bank handling the City’s pension programs.

 

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

 

5.         Approve the amendments to the City of Kearney, Nebraska Police Officers’ Pension Plan and Trust, the City of Kearney, Nebraska Firefighters’ Pension Plan and Trust, and the Money Accumulation Plan for Employees of the City of Kearney and Kearney Municipal Airport Corporation and approve Resolution No. 2005-49.

 

RESOLUTION NO. 2005-49

 

            WHEREAS, the City shall amend and it hereby does adopt, an amendment of the City of Kearney, Nebraska Police Officers’ Pension Plan and Trust (the “Police Plan”) in the form of the Amendment attached hereto and by this reference fully incorporated herein.  The purpose of said amendment is to reduce the dollar threshold for involuntary distributions from the Police Plan upon a termination of employment to $1,000, effective for any distributions payable on or after March 28, 2005, to comply with the requirements of Section 401(a)(31)(B) of the Internal Revenue Code.

            WHEREAS, the City shall amend and it hereby does adopt, an amendment of the City of Kearney, Nebraska Firefighters’ Pension Plan and Trust (the “Firefighters’ Plan”) in the form of the Amendment attached hereto and by this reference fully incorporated herein.  The purpose of said amendment is to reduce the dollar threshold for involuntary distributions from the Firefighters’ Plan upon a termination of employment to $1,000, effective for any distributions payable on or after March 28, 2005, to comply with the requirements of Section 401(a)(31)(B) of the Internal Revenue Code.

            WHEREAS, the City shall amend and it hereby does adopt, an amendment of the Money Accumulation Plan for Employees of the City of Kearney and Kearney Municipal Airport Corporation (the “Money Accumulation Plan”) in the form of the Amendment attached hereto and by this reference fully incorporated herein.  The purpose of said amendment is to reduce the dollar threshold for involuntary distributions from the Money Accumulation Plan upon a termination of employment to $1,000, effective for any distributions payable on or after March 28, 2005, to comply with the requirements of Section 401(a)(31)(B) of the Internal Revenue Code, and to authorize benefit distributions upon terminations before retirement to be paid in the form of periodic installments.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, the Mayor and other appropriate elected officials and officers of the City of Kearney shall be, and they hereby are, authorized to do all things necessary to carry out, and accomplish the foregoing Resolutions, including the execution of any document or amendment which may be necessary or appropriate to amend and administer the aforesaid Plans, including such actions as may be necessary or appropriate to achieve and maintain qualification of the aforesaid Plans under Section 401(a) of the Internal Revenue Code of 1986, as amended, as said section applies to government plans.

            PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

Moved by Clouse seconded by Lear that Subsections 1 through 4, and 6 through 14 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

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

 

2.         Approve the following Claims: 3CMA $350.00 smcs; 3M $1,238.00 smcs; A T&T $173.32 smcs; A-1 Refrig $626.17 smcs; Accent Sales $230.58 smcs; Ace Hardware $293.23 smcs; Ace Irrigation $82.38 smcs; Adamson Industries $419.95 smcs,co; Advance Auto $5.60 smcs; AFLAC $1,584.00 ps; Agent Fee $20.00 smcs; Alamar $2,158.95 smcs,ps; Allsop $49.89 smcs; Allstar Windshield $35.00 smcs; Alltel $1,422.53 smcs; Almquist,R $75.00 smcs; Amazon $178.45 smcs,co; Amer Assn Airport Exec $1,095.00 smcs; Amer Electric $644.42 smcs; Amer Fence $9,560.20 co; Amer Library Assoc $445.00 smcs; Amer Trademark $161.55 smcs; Ampco Parking Eppley $40.00 smcs; Anderson Bros $844.87 smcs; Antelope Newspaper $126.50 smcs; Armor Holdings $84.32 smcs; Armor Holdings Training $75.00 smcs,co; Arrendondo,G $8.42 smcs; Asphalt and Concrete $3,038.54 smcs; Associated Bag $219.82 smcs; ATCO Mfg $161.88 smcs; B&B Auto Glass $197.00 smcs; Babl,K $1.72 smcs; Badge Maker $10.50 smcs; Baker & Taylor $2,674.52 smcs; Baker, C $5.00 smcs; Bamford $218.96 co; Barney Abstract $1,740.00 smcs,co; BBC Audiobooks $349.63 smcs; Beacon Athletics $7,028.00 smcs; Big Flag $72.80 smcs; Blevins, D $90.00 smcs; Bluecross $57,119.14 smcs; Bobs Super Store $268.08 smcs; Bosselman Energy $51.03 smcs; Bower,M $14.00 smcs; Broadfoot's Sand $420.00 smcs; Brownells $68.88 smcs; Bubble Factory $49.70 smcs; Buck, T $31.25 smcs; Buffalo Co Court $189.83 ps; Buffalo Co Dist Co $76.50 smcs; Buffalo Co Reg Deeds $2.50 smcs; Buffalo Co Sheriff $96,592.50 smcs; Buffalo Co Treasurer $841.61 co; Buggy Bath $6.00 smcs; Builders Warehouse $5,618.81 smcs,co; Burgland, W $13.10 smcs; Burke, M $1,400.00 smcs; Butler, Voigt & Stewart $391.00 smcs; Buzz's Marine $87.99 smcs; Cardquery.com $29.95 smcs; Casey's $33.50 smcs; Cash Wa $13.40 smcs; CDW Government $1,055.92 smcs,co; CED Ent Elect $6.63 smcs; Centaur Ent $57.66 smcs; Center for Educ & Employ $124.95 smcs; Central Comm College $156.00 smcs; Central Fire & Safety $53.50 smcs; Central Hydraulic Systems $1,839.78 smcs; CHAD $16.00 ps; Champlain Planning $135.00 smcs; Charter Paging $22.46 smcs; Chesterman $199.50 smcs; Chief Supp $104.94 smcs; City of Ky $168,113.62 smcs,ps; Clark Enersen $3,356.68 co; College Savings Plan $50.00 ps; Comfort Suites $134.40 smcs; Computer Pros $65.00 smcs; Computer Warehouse #4 $162.73 smcs,co; Conseco Life $38.00 ps; Construction Rental $198.66 smcs,co; Control Masters $318.08 smcs; Copycat $389.87 smcs; Corey's Detailing $50.00 smcs; Cornerstone Group $33.68 smcs; CPI Manf. & Supply $146.27 smcs; Crossroads $844.11 smcs; Cummins $386.44 smcs; Dandee Construction $675.00 co; Dell $1,875.24 smcs,co; Development Council $2,245.64 smcs; Diamond Sales $80.30 smcs; Diamond Vogel $23.50 smcs; Dollar Rent-A-Car $282.75 smcs; Double M Farms $2,000.00 smcs; DPC Ind $4,131.25 smcs; DR Regsoft.com $29.95 smcs; Dreyer, D $111.20 smcs; Dugan $899.86 smcs; Dutton-Lainson $22.30 smcs; Dynix $696.00 smcs; E&D Enterp $640.00 smcs; Eakes $1,721.14 smcs,co; Earl May $9.99 smcs; Ebattery $191.00 co; ECI Gotomypc.com $269.40 co; Ecolab $27.00 smcs; EDM Equip $1,181.02 smcs; Eileen's $10.00 smsc; Eirich, T $50.00 smcs; Elliott Equip $2,102.58 smcs; Elliott, R $91.30 smcs; Engels, D $103.52 smcs; Enslow Publ $377.96 smcs; Eustis Body Shop $80.00 smcs; Expression Wear $31.95 smcs; Exxonmobile $14.31 smcs; Facts on File $522.49 smcs; Fairbanks $2,759.19 smcs; Family Practice $161.00 smcs; Farmers Union $75.26 smcs; Fastenal Co Retail $765.29 smcs; Fearnley, M $74.18 smcs; Freburg, N $184.62 ps; Frontier $456.37 smcs; Fuller, J $85.56 smcs; Gall's $948.02 smcs; Garrett Tires $1,837.16 smcs; Gary's I-80 $200.00 smcs; Gealy's $3,200.00 smcs; General Traffic $631.91 smcs; Gordon's Small Engine $21.13 smcs; Graham Tire $100.00 smcs; Grainger $1,883.17 smcs; Grand Central IGA $23.87 smcs; Great American Outdoor $521.85 smcs; Great Plains Reg $650.66 smcs; Gronewoller,S $106.95 smcs; H&H Dist $872.00 smcs; Hach $514.70 smcs; Hall Signs $1,065.83 smcs; Harshbarger, K $2,493.76 smcs; Hastings Ent $227.47 smcs; Hawthorne Suites $535.53 smcs; Highsmith Inc $86.83 co; Hobbie,B $10.18 smcs; Hobby Lobby $3.96 smcs; Holiday Inn $138.00 smcs; Holmes Plumbing $1,356.91 smcs,co; Hometown Leasing $208.91 co; Hotsy $331.75 smcs; Hydrologic $1,057.67 smcs; ICMA $2,441.85 ps; IRS $81,376.02 ps; Interstate Wrapping Prod $528.30 smcs; Int'l Code Council $74.99 smcs; Intuit Solutions $1,150.00 smcs; Irrigation Design $512.50 smcs; Itin Scale $185.40 smcs; Jack Lederman $474.77 smcs; Johnston, S $23.99 smcs; K&K Parts $305.29 smcs; Ky Chamber Comm $889.12 smcs; Ky Concrete $2,206.54 smcs; Ky Hub $570.33 smcs; Ky Implement $719.33 smcs; Ky Towing $135.00 smcs; Ky Truck Parts $10.00 smcs; Ky Whse $259.42 smcs; Ky Wle $49.11 smcs; Ky Yamaha $1,455.70 smcs; Kelly Supply $561.68 smcs; Kersting, R $8.45 smcs; Killion Motors $368.65 smcs; Kirkham Michael $55,078.58 co; Koen Book Dist $352.14 smcs; Kooyman, R $200.00 ps; Krepel, J $74.18 smcs; Krueger, L $62.70 smcs; Kyocera Wireless $103.27 smcs; La Jolla Club Golf $444.11 smcs; Labsafe $546.47 smcs; Landscape Architecture $310.00 smcs; Lang, L $248.83 smcs; Laser Art Design $132.00 smcs; Laughlin, K $360.00 ps; Law Enforce Access $268.50 smcs; Lawson Products $278.07 smcs; Layne Christensen $802.00 smcs; LCL Truck $3,331.80 smcs,co; LECC $285.00 smcs; Lerner $287.07 smcs; Lesmeister,M $16.42 smcs; Lexis Nexis $25.45 smcs; Library Book Selection $142.35 smcs; Lincoln, F $26.00 smcs; Lindner,S $42.12 smcs; Linweld $530.39 smcs; Lockmobile $21.00 smcs; M.E. Sharpe $583.00 smcs; Magic Cleaning $850.00 smcs; Marlatt Machine $564.31 smcs,co; Martinosky, M $50.00 smcs; Mattley Advertising $192.00 smcs; Meitl, J $13.31 smcs; Mes-Snyder $16,711.00 smcs; Meteorlogix $1,803.00 smcs; Metlife $3,864.53 ps; Metrotech $89.00 smcs; MGS Tech $24.05 co; Mid America Phones $100.00 smcs; Mid America Sales Assoc $355.89 smcs; Mid American Spec $208.05 smcs; Mid Con Systems $103.89 smcs; Mid-State Units $120.00 smcs; Midway Chevrolet $230.50 smcs; Midway Chrysler Dodge $23.25 smcs; Midwest Turf $159.20 smcs; Mieth, T $22.94 smcs; Miller Signs $521.57 smcs; Mirror Image Ky North $10.00 smcs; Mitchell Repair $530.60 smcs; Moore Wallace $473.34 smcs; Morris Press $135.50 smcs; Mosbarger, B $200.00 ps; Motherboardzone $11.31 smcs; Motorola $22,758.00 smcs; Moxa Technologies $124.00 co; Mr Automotive $3,473.85 smcs; MSC Industrial Supply $556.11 smcs; MSI Systems $760.00 co; Mundt, K $8.05 smcs; Municipal Supply $4,104.85 smcs; Murphy Tractor $22.83 smcs; Napa All Makes Auto $907.33 smcs; Nat'l Audio-Visual $90.90 smcs; Nat'l Paper $204.61 smcs; Nat'l Waterworks $8,672.64 smcs; NCL of Wisconsin $485.76 smcs; NE Child Support $1,045.43 ps; NE Dept Aeronautics $1,840.00 ds; NE Dept Revenue $24,321.86 ps; NE Health & Human Serv $16.00 smcs; NE Tree Conf $10.00 smcs; NE Dept of Environmental $13,195.94 smcs; NE Furniture $72.75 co; NE Health & Human $190.43 smcs; NE Machinery $77.63 smcs; NE Society of CPA $110.00 smcs; NE Truck Ctr $197.52 smcs; NEland Dist $1,018.40 smcs; NeRPA $30.00 smcs; Newegg Comp $92.16 co; Newman Signs $66.26 smcs; NFPA Nat'l Fire Protection $167.65 smcs; NGCAS $150.00 smcs; Nogg Chemical $603.67 smcs; Northern Tool $423.40 smcs; Northwest Electric $112.96 smcs; Northwestern Energy $5,318.82 smcs; NSGS Conference $20.00 smcs; NSVFA Fire School $4,950.00 smcs; ODI Our Designs $17.95 ps; Office Depot $287.22 smcs; Office Max $957.93 smcs,co; Officenet $1,515.40 smcs,co; O'Keefe Elevator $445.33 smcs; Olive Software $24,898.14 smcs,co; Olsson Assoc $1,865.55 smcs; Omaha World Herald $72.80 smcs; OMB Police Supp $2,900.92 smcs,co; O'Reilly $310.59 smcs; Orscheln $649.34 smcs; Over the Edge Sports $17.98 smcs; Overhead Door $59.32 smcs; Paramount $16.00 smcs; Parks, M $27.06 smcs; Payflex $369.75 ps; Payne, B $28.52 smcs; PBD Ala-Graph $310.00 co; Pioneer Mfg $277.80 smcs; Pitney Bowes $450.00 smcs; Platte Valley Comm $4,671.99 smcs,co; Portable Computer System $18,416.00 co; Postmaster $510.00 smcs; Presto-X $129.00 smcs; Promiss Testing Centers $390.00 smcs; Pro-Tint $150.00 smcs; Pump & Pantry $17.28 smcs; QA Balance $95.00 smcs; Quality Inn $201.12 smcs; Quill $136.82 smcs; Quinlan $154.75 smcs; Radio Shack $219.44 smcs,co; Random House $548.31 smcs; Recorded Books $1,153.12 smcs; Recreaonics $7.84 co; Redman's $159.74 smcs; Region 12 ABPA $55.00 smcs; Research Tech $189.95 smcs; Respond First Aid $172.00 smcs; Ringlein, J $40.00 smcs; Riverside Animal $1,571.00 smcs; Road Builders $2,131.98 smcs; Rockler Wdwrk Hdwe $101.45 co; Roeder,J $343.76 smcs; Roomsberg, M $9.17 smcs; Roper's Radiator $75.00 smcs; RTI Technical $2,000.00 smcs; Saathoof,J $32.12 smcs; Sahling Kenworth $51.85 smcs; Sams  $30.00 smcs; School Dist #7 $2,092.60 smcs; Scotts TV $21.25 smcs; See Clear Cleaning $1,900.00 smcs; Severn Trent $7,217.34 smcs; Shade Systems $1,988.00 smcs; Shamrock Turf $1,463.00 co; Shell Oil $280.19 smcs; Sherwin Williams $280.00 smcs; Shirt Shack $1,620.15 smcs; Simmons Gun $345.40 smcs; Solid Waste Agency $65,772.81 smcs; Solid Waste Equip $5,496.00 smcs; South Central Diesel $596.19 smcs; Sport Supp $715.84 smcs; Staples $85.19 smcs; Starostka Group $82,522.86 co; State Electrical Div $275.00 smcs; Steele, B $25.83 smcs; Steffensmeier, J $185.49 smcs; Stubbs, R $6.99 smcs; Subway $20.24 smcs; Sun Life Fin $20,009.84 smcs; Sunrise Environ $93.21 smcs; Super Seer $515.91 smcs,co; Super Shine Auto $59.00 smcs; Superior Signal $175.90 smcs; Swing King $114.94 smcs; Target $16.68 smcs; Tecco $674.58 smcs; Thome, B $106.95 smcs; Thomson, G $56.13 smcs; Tolle, J $19.26 smcs; Tractor Supply $878.70 smcs; Tri-City Outdoor $381.91 smcs; Tri-State Striping $4,993.32 smcs; Turner Body Shop $45.00 smcs; U Save Foods $9.73 smcs; UNICO $1,928.89 smcs; Union Oil $23,701.92 smcs; Unique Books $2,092.01 smcs; United Air $347.40 smcs; United Way $616.06 ps; UNL Pesticide $180.00 smcs; UPS $30.59 smcs; Upstart $114.75 smcs; USPS $110.94 smcs; Van Diest $7,646.43 smcs; Ventus Energy $24,955.00 smcs; Video Service $422.74 smcs; Village Uniform $377.77 smcs; Viter, T $314.44 smcs; W.S. Darley $265.89 smcs; Walgreens $11.89 smcs; Walmart $1,265.51 smcs,co; Warrington, D $353.19 smcs; Washington State Supp $102.01 ps; Wastecorp $390.00 smcs; Water Products $2,256.74 smcs; We Care Tree $160.00 smcs; Wells Fargo $77,216.00 smcs; West $1,033.50 smcs; Westfall $71.55 smcs; Whelen Engineering $35.75 smcs; Wiederspan, R $123.29 smcs; Wilke Donovans $913.81 smcs; Wood & Aitken $3,192.72 co; Xerox $742.73 smcs,co; Yanda's Music $1,000.00 co; Young, M $344.44 smcs; Younkers $117.64 smcs; Zimmerman Printers $1,050.50 smcs; Payroll Ending 3-19-2005 -- $249,175.97; and Payroll Ending 4-2-2005 -- $253,259.07.  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 canceling special assessments levied against certain lots and lands and to remove the said records and assessment schedules from the active files of the City of Kearney and approve Resolution No. 2005-47.

 

RESOLUTION NO. 2005–47

 

            WHEREAS, special assessments have been levied against various properties owned by the City of Kearney; and

            WHEREAS, the special assessment liens should be extinguished and no longer constitute liens upon the subject real estate;

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Clerk of the City of Kearney be and is hereby authorized and directed to denote on the records of the Office that the special assessments levied against the below-listed lots are cancelled, and to remove the said records and assessment schedules from the active files of the Office.

Lot 1 of Block 2, Eastbrooke Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($9,388.70)

Lot 1 of Block 3, Eastbrooke Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($9,388.70)

Lot 2 of Block 3, Eastbrooke Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($5,069.30)

Lot 3 of Block 3, Eastbrooke Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($5,069.30)

Lot 4 of Block 3, Eastbrooke Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($5,069.30)

Lot 5 of Block 3, Eastbrooke Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($5,069.30)

Lot 6 of Block 3, Eastbrooke Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($5,069.30)

Lot 7 of Block 3, Eastbrooke Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($5,069.30)

Lot 8 of Block 3, Eastbrooke Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($5,069.30)

Lot 9 of Block 3, Eastbrooke Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($5,069.30)

Lot 10 of Block 3, Eastbrooke Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($5,069.30)

Lot 11 of Block 3, Eastbrooke Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($5,069.30)

Lot 12 of Block 3, Eastbrooke Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($5,069.30)

Lot 13 of Block 3, Eastbrooke Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($10,171.95)

Lot 14 of Block 3, Eastbrooke Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($6,149.15)

Lot 27 of Block 6, Eastbrooke 2nd Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($4,349.40)

Lot 28 of Block 6, Eastbrooke 2nd Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($9,383.66)

Lot 29 of Block 6, Eastbrooke 2nd Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($5,069.30)

Lot 30 of Block 6, Eastbrooke 2nd Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($5,069.30)

Lot 31 of Block 6, Eastbrooke 2nd Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($5,434.29)

Lot 1 of Block 7, Eastbrooke 2nd Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($5,429.25)

Southeast Quarter of Section 24, Township 9 North, Range 16 West, except a tract of land being a part of Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Kearney Lands Subdivision, an addition to City of Kearney, Buffalo County, Nebraska ($56,601.18)

A tract of land being a part of Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West, beginning at southeast corner of said Section 24, Kearney Lands Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($67,424.88)

Lot 19, Block 1, O’Brien Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($9,813.40)

Lot 13, Block 2, O’Brien Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska ($6,674.68)

 

PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

4.         Approve Supplemental Agreement No. 1 between the City of Kearney and the Nebraska Department of Roads [Project No. ELEC-30-4(1039)] to allow the City to use federal STP funds for traffic signal installation at the intersection of Highway 30 (25th Street) and Avenue E and approve Resolution No. 2005-48.

 

RESOLUTION NO. 2005-48

 

            WHEREAS, the City of Kearney and the Nebraska Department of Roads entered into an agreement on May 11, 2004 that provided for traffic installation at the intersection of 25th Street (Highway 30) and Avenue E; and

            WHEREAS, it is now necessary that the agreement be supplemented to allow the City to use federal STP funds toward its share of the project costs.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President of the Council be and is hereby authorized and directed to execute Supplemental Agreement No. 1 between the City of Kearney and the Nebraska Department of Roads for Project No. ELEC-30-4(1039) to allow the City to use federal STP funds for traffic signal installation at the intersection of 25th Street (Highway 30) and Avenue E, a copy of said Supplemental Agreement No. 1 is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

6.         Authorize the Mayor to execute the Certificate of Title for Airport Improvement Project Nos. 3-31-0045-15 for commercial and general aviation ramp milling and resurfacing project and 3-31-0045-16 for the new Snow Removal Equipment building and approve Resolution No. 2005-50.

 

RESOLUTION NO. 2005-50

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President of the Council be and is hereby authorized and directed to execute the Certificate of Title for Airport Improvement Project No. 3-31-0045-15 for commercial and general aviation ramp milling and resurfacing project and Airport Improvement Project No. 3-31-0045-16 for the new Snow Removal Equipment building

            PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

7.         Authorize the Mayor to execute the Grant Agreements for Airport Improvement Project Nos. 3-31-0045-15 for commercial and general aviation ramp milling and resurfacing project and 3-31-0045-16 for the new Snow Removal Equipment building and approve Resolution No. 2005-51.

 

RESOLUTION NO. 2005-51

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President of the Council be and is hereby authorized and directed to execute the Grant Agreements for Airport Improvement Project No. 3-31-0045-15 for commercial and general aviation ramp milling and resurfacing project and Airport Improvement Project No. 3-31-0045-16 for the new Snow Removal Equipment building

            PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

8.         Approve the request submitted by Cathleen Headlee to extend Conditional Use Permit No. 95-02 to locate a dog grooming business at 211 East 30th Street for a period of one year.

 

9.         Approve the request submitted by Terry Broadfoot to extend Conditional Use Permit No. 2000-03 to operate a gravel mining operation located ¾ mile west of Fort Kearny Inn and south of I-80 for a period of five years.

 

10.        Authorize the City Manager to sign checks, drafts or other withdrawal orders issued against the funds of the City on deposit with designated depositories and approve Resolution No. 2005-52.

 

RESOLUTION NO. 2005-52

 

            WHEREAS, the President and City Council have determined that it is appropriate and proper to designate various banks as depositories for funds of the City of Kearney; and

            WHEREAS, the President and City Council have determined that it is appropriate and proper to designate who will sign checks, drafts or other withdrawal orders issued against the funds of the City on deposit with said depositories.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that Wells Fargo Bank Nebraska, N.A. of Kearney, Platte Valley State Bank & Trust Company of Kearney, Kearney State Bank & Trust Company of Kearney, US Bank of Kearney, Nebraska National Bank of Kearney, Commercial Federal Bank of Kearney, TierOne Bank of Kearney, Five Points Bank of Kearney, and Geneva State Bank of Kearney be and are hereby designated as city depository banks.  However, such designation as a city depository shall not be exclusive and shall not be determined in any way to constitute a franchise to the exclusion of other designated depositories.

 BE IT FURTHER RESOLVED by the President and City Council of the City of Kearney, Nebraska that checks, drafts or other withdrawal orders issued against the funds of the City on deposit with said depositories be signed by any one of the following who now hold offices or positions with the City:

            Michael W. Morgan, City Manager

            Wendell R. Wessels, Director of Finance and Administration

            Nancy Roth, Accounting Technician

BE IT FURTHER RESOLVED that all resolutions and parts of resolutions in conflict herewith are hereby repealed and that Resolution No. 2004-164 is hereby specifically rescinded and repealed.

PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

11.        Approve the Developer Constructed Infrastructure Agreement for Talmadge Center Addition with South Side Realty, Talmadge Land, and First National Bank and Trust Company of Minden to construct public improvements in 1st Avenue Place and approve Resolution No. 2005-53.

 

RESOLUTION NO. 2005-53

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” for Talmadge Center 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 South Side Realty, Talmadge Land, and First National Bank and Trust Company of Minden to construct public improvements in 1st Avenue Place.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

12.        Approve the application for a Special Designated License submitted by JUAN LAZO, dba “El Tropico” in connection with their Class BM37624 liquor license to dispense beer and distilled spirits in the Exposition Building at the Buffalo County Fairgrounds, 3807 Avenue N, on May 29, 2005 from 6:00 p.m. until 12:00 a.m. for a Mexican dance.

 

13.        Approve the request submitted by the First Baptist Church to expand the parking capacity at the Church by replacing the parallel parking on the north side of 38th Street as it abuts the church property with angle parking.

 

14.        Approve the application for a Special Designated License submitted by NIGHT LIFE CONCEPTS INC., dba “Cunningham’s Journal” in connection with their Class CK59311 liquor license to dispense beer, wine and distilled spirits in the Exhibit Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on May 7, 2005 from 7:00 p.m. until 12:00 a.m. for Cinco de Mayo celebration.

 

V.    CONSENT  AGENDA  ORDINANCES

 

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

 

At the March 8, 2005 Council meeting, Council member Clouse was absent and Council member Kearney abstained from discussion and voting because of a conflict of interest. The Council conducted the public hearing on the proposed amendments to Chapters 13, 14 and 46 of the Unified Land Development Ordinance, a part of the City Code, to include therapeutic riding as an allowable use in a “District M-1, Limited Industrial District” zone with a Conditional Use Permit. The public hearing was also conducted on the application for a Conditional Use Permit submitted by 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 located at 3112 Antelope Avenue.

 

Both public hearings were conducted and closed in accordance to law and Ordinance Nos. 7153 and 7154 were placed on first reading. At the March 22, 2005 meeting, Council member Kearney abstained and Council member Buschkoetter was absent and the second reading of the ordinances took place.  Ordinance Nos. 7153 and 7154 now need to be placed on third and final reading.

 

Moved by Lear seconded by Buschkoetter 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 third 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, Clouse, Buschkoetter, Lear. Nay: None. Kearney abstaining. City Clerk read Ordinance No. 7153 by title only on third 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.

 

Moved by Buschkoetter seconded by Hadley that Ordinance No. 7153 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Kearney abstaining. Motion carried.

 

By reason of the roll call voted on the third reading and final passage of the ordinance, Ordinance No. 7153 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. 7154 – CONDITIONAL USE PERMIT TO HABILITY SOLUTION SERVICES; 3112 ANTELOPE AVENUE

 

Moved by Lear seconded by Buschkoetter 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 third 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, Clouse, Buschkoetter, Lear. Nay: None. Kearney abstaining. City Clerk read Ordinance No. 7154 by title only on third 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.

 

Moved by Buschkoetter seconded by Hadley that Ordinance No. 7154 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Kearney abstained. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7154 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7157 – VACATE LOTS IN SUNNY MEADOWS ESTATES

 

Council Member Hadley introduced Ordinance No. 7157, being Subsection 2 of Agenda Item VI to vacate Lots 1, 2 and 3 of Block 3, Sunny Meadows Estates, an addition to the City of Kearney, Buffalo County, Nebraska (south of the intersection of 22nd Avenue and 42nd 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 Kearney 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. 7157 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 Kearney seconded by Clouse that Ordinance No. 7157 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. 7157 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. 7158 – VACATE CUL-DE-SAC WEST OF 22ND AVENUE

 

Council Member Hadley introduced Ordinance No. 7158, being Subsection 3 of Agenda Item VI to vacate the cul-de-sac lying west of 22nd Avenue north of 39th Street and south of 42nd Street as it abuts Lots 1, 2 and 3 of Block 3, Sunny Meadows Estates, an addition to the City of Kearney, Buffalo County, Nebraska (south of the intersection of 22nd Avenue and 42nd 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 Kearney 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. 7158 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 Kearney seconded by Clouse that Ordinance No. 7158 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. 7158 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. 7159 – REZONE SOUTH OF THE INTERSECTION OF 22ND AVENUE AND 42ND STREET

 

Council Member Hadley introduced Ordinance No. 7159, being Subsection 4 of Agenda Item VI to rezone from “District R-1, Urban Residential Single-Family District (Low Density)” to “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of the West Half of the Southeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, formerly known as Lots 1, 2, 3 of Block 3, Sunny Meadows Estates to the City of Kearney, Buffalo County, Nebraska (south of the intersection of 22nd Avenue and 42nd 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 Kearney 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. 7159 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 Kearney seconded by Clouse that Ordinance No. 7159 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. 7159 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.

 

FINAL PLAT – SUNNY MEADOWS ESTATES THIRD

 

Mayor Hadley opened for discussion the application submitted by Mitch Humphrey (Applicant) for Daniel Roeder (Owner) for final plat approval of “SUNNY MEADOWS ESTATES THIRD”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the West Half of the Southeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of the intersection of 22nd Avenue and 42nd Street) and to consider approval of Resolution No. 2005-54 subject to the effective date of Ordinance Nos. 7157, 7158 and 7159. Planning Commission recommended approval.

 

Mitch Humphrey from Buffalo Surveying stated this is somewhat of a difficult piece of property to develop.  With the approval of the Council tonight they will build a duplex and a tri-plex on this property which will fit in very nicely with the neighborhood.  He has been told that the neighbors have been contacted and seem to agree that something needs to be done in a positive manner with this area. Council member Buschkoetter commented that from the plans, it appears there will be a good sized retaining wall on the back side of that property.  He just made an observation there is a pretty good slope there and could not think of another instance where he has seen this large of a retaining wall, but said he is not concerned about it.  Director of Public Works stated there is a retaining wall on the corner of 39th Street and 2nd Avenue (Nick’s Gyro’s location) and on North Lake Drive going down to the bottom of the hill there is a sizable one.  Walls of that size do require building permits and must have engineering for those as part of the process. 

 

Moved by Clouse seconded by Lear to approve the application submitted by Mitch Humphrey (Applicant) for Daniel Roeder (Owner) for final plat approval of “SUNNY MEADOWS ESTATES THIRD”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the West Half of the Southeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of the intersection of 22nd Avenue and 42nd Street) and approve Resolution No. 2005-54 subject to the effective date of Ordinance Nos. 7157, 7158 and 7159. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-54

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “SUNNY MEADOWS ESTATES THIRD”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

            PASSED AND APPROVED THIS 12TH DAY OF april, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

ORDINANCE NO. 7160 – REZONING ONE HALF MILE EAST OF THE INTERSECTION OF ANTELOPE AVENUE AND 11TH STREET

 

Council Member Lear introduced Ordinance No. 7160, being Subsection 6 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as a tract of land being part of the East Half of the Northwest Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., containing 8.3 acres, more or less, Buffalo County, Nebraska (one half mile east of the intersection of Antelope Avenue and 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, 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. 7160 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 Buschkoetter seconded by Hadley that Ordinance No. 7160 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. 7160 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.

 

FINAL PLAT – ARCHVIEW ESTATES

 

Mayor Hadley opened for discussion the application submitted by Mitch Humphrey (Applicant) for Steven Mercer (Owner) for final plat approval of “ARCHVIEW ESTATES”, a subdivision in Buffalo County, Nebraska for a tract of land described as being part of the East Half of the Northwest Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., containing 8.3 acres, more or less, Buffalo County, Nebraska (one half mile east of the intersection of Antelope Avenue and 11th Street) and to consider approval of Resolution No. 2005-55. Planning Commission recommended approval.

 

Mitch Humphrey from Buffalo Surveying stated this request will dedicate 50 feet of right-of-way for use on 11th Street.  Since 11th Street will accommodate quite a bit of traffic, this will benefit the City at the same time by its approval.

 

Moved by Hadley seconded by Kearney to approve the application submitted by Mitch Humphrey (Applicant) for Steven Mercer (Owner) for final plat approval of “ARCHVIEW ESTATES”, a subdivision in Buffalo County, Nebraska for a tract of land described as being part of the East Half of the Northwest Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., containing 8.3 acres, more or less, Buffalo County, Nebraska (one half mile east of the intersection of Antelope Avenue and 11th Street) and approve Resolution No. 2005-55. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-55

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “ARCHVIEW ESTATES” a subdivision being part of the East Half of the Northwest Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., containing 8.3 acres, more or less, Buffalo County, Nebraska, and in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) be accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

            PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

ORDINANCE NO. 7161 – AMEND TABLE 14-1 “USE MATRIX”

 

Moved by Kearney seconded by Clouse that Ordinance No. 7161 be withdrawn. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

SHOOTERS MANAGER APPLICATION

 

Mayor Hadley opened for discussion the Application for Corporate Manager for Kevin Hibbs submitted by KEARNEY SHOOTERS INC., dba “Shooters” located at 2023 1st Avenue in connection with their Class C67029 liquor license.

 

Kevin Hibbs, 1111 West 22nd Street, presented this matter to the Council. He stated that they are going to offer a $25.00 reward to anyone who identifies a fake ID at the bar.  They are going to have the Kearney Police Department give a demonstration to all the employees on how to check ID and identify minors.  They will be very strict in their establishment.

 

Moved by Clouse seconded by Lear to approve the Application for Corporate Manager for Kevin Hibbs submitted by KEARNEY SHOOTERS INC., dba “Shooters” located at 2023 1st Avenue in connection with their Class C67029 liquor license. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

2005 PART II IMPROVEMENTS – NEGOTIATE WITH LOW BIDDER

 

Mayor Hadley opened for discussion the bids received for the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue and to consider approval of Resolution No. 2005-56 authorizing Administration to negotiate with the low bidder.

 

In this year’s budget, the Utilities Department included $800,000.00 for the 2005 Part II Improvements.

 

On March 14, 2005 sealed bids were received for the 2005 Part II Improvements. Three bids were received. All of the bids exceeded the engineer’s estimate of $890,082.14. Midlands Contracting submitted the low bid in the amount of $928,955.03.

 

Section 16-321(7) of the Nebraska Revised Statutes, copy attached, states that “…if the bids received exceed the engineer’s estimated cost, the mayor and the city council may negotiate a contract in an attempt to complete the proposed enlargement or general improvements at a cost commensurate with the estimate given.

 

The low bid received for the 2005 Part II Improvements exceeds the engineer’s estimate by approximately $39,000.00 and the City budget by approximately $129,000.00. The work should not be awarded until the cost can be negotiated to an amount commensurate with the estimate and the budget. If the cost can be negotiated to an acceptable amount, the matter will come back to the Council for approval.

 

Reed Miller from Miller & Associates stated that this project consists of some valve replacements, undercrossings for the railroad and a major water extension on 56th Street.  On March 14th the City received three bids and the low bid was from Midlands Contracting for $928,955.03.  It was 4.4 percent over the Engineer’s Estimate.  He asked for the City Administration’s authorization to negotiate the project cost commensurate with the engineer’s opinion of probable construction cost to get it down to the engineer’s opinion of $889,482.13.  This would be brought back to Council for approval.

 

Moved by Lear seconded by Buschkoetter to approve Resolution No. 2005-56 authorizing Administration to negotiate with the low bidder. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-56

 

WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on March 14, 2005, at 2:00 p.m. for the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue; and

WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the 2005 Part II Improvements was $889,482.13; and

WHEREAS, the City received three bids for the 2005 Part II Improvements which exceeded the Engineer’s estimate.

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that in accordance with Section 16-321(7) of the Nebraska Revised Statutes, the City Council hereby directs and authorizes the City Manager to negotiate a contract for services, material or labor as are required to construct the 2005 Part II Improvements at a cost commensurate with the Engineer’s Estimate.  Any contract negotiated shall be resubmitted to the City Council for final approval.

            PASSED AND APPROVED THIS 12TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

AWARD BID FOR 2005 CEMETERY PAVING IMPROVEMENTS

 

Mayor Hadley opened for discussion the bids received for the 2005 Cemetery Paving Improvements and to consider approval of Resolution No. 2005-57 awarding the bid to Blessing, LLC in the amount of $109,477.00.

 

The Cemetery Road Replacement project will be done in phases over five years.  The third year’s work has been designed and put out for bids.  Bids for this phase of the project were opened on March 15, 2005.

 

Last year, Concrete Workers was awarded the bid to do the second phase. The City received the following bids:

 

            Blessing, LLC               $109,477.00

            Nixon Construction       $120,221.63

            Concrete Workers         $121,685.36

 

Blessing LLC had the lowest bid for the project in the amount of $109,477.00.  Their bid was also 13% below the Engineer’s estimate of $125,739.00 for the project. The contractor’s completion date is August 31, 2005.

 

Kent Cordes from Miller & Associates stated the contract stipulates that there will be times during funerals that certain types of work will not be allowed.  This was also stipulated in the last two projects and essentially is left up to the Cemetery staff to determine what work is appropriate to be doing.  They also do a good job of keeping the contractors up-to-date of the schedule of what funerals are coming up so they can work around them.  Director of Pubic Works stated that working with the sexton at the Cemetery has gone pretty smooth during the last two projects. 

 

Council member Clouse asked if it is not done by the completion date with the amount of window that has been given, what will happen?  Mr. Cordes stated there are provisions for liquidated damages in the contract in the amount of $400 per day for each calendar day that would expire beyond the provisions of the contract.   Council member Clouse commented that due to the number of days they might be prohibited to work, would it be difficult to implement the $400 per day because that gives them quite a bit of “wiggle room.”  Mr. Cordes stated they have allotted a larger window than the number of days that have been given to them to work.  They are given 60 days to finish the project once they are given the notice to proceed, but there is really a 90-day window in there to complete the work. 

 

Council member Kearney asked if the $400 a day liquidated damages is the same for all projects.  Director of Public Works stated that on larger dollar amounts they are using a scale and the liquidated damages will be increased.  The 30th Avenue project (recently completed on the south side of Highway 30) damages went from $400 on the north side using the scale to $1,200-$1,300 on the south side. 

 

Moved by Buschkoetter seconded by Hadley to approve the bids received for the 2005 Cemetery Paving Improvements and approve Resolution No. 2005-57 awarding the bid to Blessing, LLC in the amount of $109,477.00. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-57

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on March 15, 2005, at 2:00 p.m. for the 2005 Cemetery Paving Improvements; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $125,739.00; and

WHEREAS, the said engineers have recommended the bid offered by Blessing, LLC of Kearney, Nebraska 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 Blessing, LLC of Kearney, Nebraska be and is the lowest responsible bidder for the 2005 Cemetery Paving Improvements to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Blessing, LLC of Kearney, Nebraska in the sum of $109,477.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2005 Cemetery Paving Improvements in the amount of $125,739.00 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 12TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

AWARD BID FOR HIKE/BIKE TRAIL AT YANNEY PARK

 

Mayor Hadley opened for discussion the bids received for the construction of the south loop of the hike/bike trail for the E.K. & Mary Yanney Heritage Park and to consider approval of Resolution No. 2005-58 awarding the bid to Blessing, LLC in the amount of $64,990.59.

 

The City applied for Nebraska Game and Parks Commission Trails Development Assistance Fund for $70,149.01 to complete the southern trail loop through Yanney Park. The grant is administered by the City with the E.K. & Mary Yanney Heritage Park Foundation providing the 50% ($35,074.05) match.

 

Bids were received and opened on Monday, March 28, 2005 with two bids being received: (1) from Blessing, LLC in the amount of $64,990.59, and (2) from Concrete Workers, Inc. in the amount of $66,916.66. The bid included a base bid and Alternates A through D. The engineer’s estimate was $68,987.49. Project is to be completed in June.

 

Council member Clouse asked for an explanation of the alternates.  Paul Brungardt from Brungardt Engineering stated the base bid is for a 2,000 foot trail that extends from the south parking lot and loops around the south edge of the existing lake and ties into the existing Hike/Bike Trail in the southeast corner.  Alternate A includes an additional 200 foot strip of trail that would extend up to northwest of Mitzi’s Pavilion (attaching to the existing trail there).  Alternate B extends another 200 foot on the same trail alignment up around the west side of the lake.  Alternate C connects from the south edge of the pedestrian bridge over to the proposed Hike/Bike Trail on the southeast corner.  Alternate D a 4-foot sidewalk that connects the splash park and the shelter that is located south of the lake.

 

Moved by Hadley seconded by Kearney to approve the bids received for the construction of the south loop of the hike/bike trail for the E.K. & Mary Yanney Heritage Park and approve Resolution No. 2005-58 awarding the bid to Blessing, LLC in the amount of $64,990.59. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-58

 

            WHEREAS, Brungardt Engineering and the City of Kearney have reviewed the sealed bids which were opened on March 28, 2005, at 2:00 p.m. for the construction of the south loop of the hike/bike trail for the E.K. & Mary Yanney Heritage Park; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $68,987.49; and

WHEREAS, the said engineer has recommended the bid offered by Blessing, LLC of Kearney, Nebraska 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 engineer’s recommendation is hereby accepted and approved, that Blessing, LLC of Kearney, Nebraska be and is the lowest responsible bidder for the construction of the south loop of the hike/bike trail for the E.K. & Mary Yanney Heritage Park to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Blessing, LLC of Kearney, Nebraska in the sum of $64,990.59 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the construction of the south loop of the hike/bike trail for the E.K. & Mary Yanney Heritage Park in the amount of $68,987.49 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 12TH DAY OF APRIL, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

ORDINANCE NO. 7162 – AMEND SECTION 3-1816 OF CITY CODE

 

City Clerk presented this matter to the Council. The Liquor Control Commission establishes the regulations pertaining to liquor licenses in the State of Nebraska. Section 53-124 of the Nebraska Statutes sets forth the fees for each license. The current license fees were established by the Liquor Control Commission as early as 1935.  Section 53-132 of the Nebraska Statutes allows cities to collect an occupation tax in any sum not to exceed two times the amount of the license fee required to be paid under the act to obtain such license. Section 3-1816 of the Kearney City Code sets forth the amount of the annual occupation taxes collected upon businesses distributing and selling alcoholic liquor, including beer.

 

Last year, the Nebraska Legislature passed LB 485 restructuring the retail liquor licenses and fees. This is a major change in classifications of all retail liquor licenses. This bill, which goes into effect May 1, 2005, takes all of the different classifications and reduces them to five different types. The remaining types will be:

            A – beer on sale only

            B – beer off sale only

            C – alcoholic liquor (beer, wine and distilled spirits) on and off sale

            D – alcoholic liquor (beer, wine and distilled spirits) off sale only

            I – alcoholic liquor (beer, wine and distilled spirits) on sale only

 

Some of the differences the City will see:

            1 – Any combination will be allowed, i.e. AB; AD or IB

            2 – Catering “K” license will be available on all types

            3 – License fee for “D” will be collected at local level

            4 – Increase in license fees, collected at the local level, will be as follows:

 

A – from

$10-$100

to

$100

B – from

$25

to

$100

C – from

$250

to

$300

D – from

$150

to

$200

I – from

$200

to

$250

 

            5 – Effective May 1, 2005 holders of a “J” license shall be issued an “I” license.

 

Another change is that all new licenses issued effective May 1, 2005, license fees and occupation taxes will be prorated. When there is a purchase of an existing licensed business and a new license of the same class is issued or, upon the issuance of a new license for a location which has not been previously licenses, the license fee and occupation taxes shall be prorated on a quarterly basis as of the date of issuance.

 

Another change will be that there will not be any restrictions on jurisdictional boundaries on any type of license being applied for. What this means is that any application received for an A, B, D, or I (or any combination of these types licenses) can be applied for within the city limits or outside corporate limits. Recommendations will be requested from the appropriate jurisdictions.

 

The annual occupation tax for businesses that have a liquor license has not been amended for several years. The increase of the annual occupation tax will generate additional revenue for the City. The City collects the license fee on behalf of the Liquor Control Commission and, in accordance with Section 53-138.01 of the Nebraska Revised Statutes, submits it to the school district.

 

Council Member Kearney introduced Ordinance No. 7162, being Subsection 13 of Agenda Item VI to amend Section 3-1816 “Schedule; Alcoholic Beverage Dealers, Distributors” of Article 18 “Occupation, Business and Other Taxes” of Chapter 3 “Business Regulations” of the Code of the City of Kearney, Nebraska to increase the amount of occupation taxes in accordance with the statutes, 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, 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. 7162 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 Clouse seconded by Lear that Ordinance No. 7162 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. 7162 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. 7163 – CREATE PAVING DISTRICT NO. 2005-896

 

Subsections 14 through 19 were discussed and voted on together. 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 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 Bill McCracken requesting that paving and sewer districts be created within LaPlatte Road, Cedar Lane and Redwood Lane.  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. 7163, being Subsection 14 of Agenda Item VI to create Paving Improvement District No. 2005-896 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision 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 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, 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. 7163 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 Buschkoetter seconded by Hadley that Ordinance No. 7163 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. 7163 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. 7164 – CREATE SEWER DISTRICT NO. 2005-480

 

Council Member Lear introduced Ordinance No. 7164, being Subsection 15 of Agenda Item VI to create Sewer District No. 2005-480 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision 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 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, 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. 7164 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 Buschkoetter seconded by Hadley that Ordinance No. 7164 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. 7164 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. 7165 – CREATE PAVING DISTRICT NO. 2005-897

 

Council Member Lear introduced Ordinance No. 7165, being Subsection 16 of Agenda Item VI to create Paving Improvement District No. 2005-897 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac, 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, 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. 7165 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 Buschkoetter seconded by Hadley that Ordinance No. 7165 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. 7165 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. 7166 – CREATE SEWER DISTRICT NO. 2005-481

 

Council Member Lear introduced Ordinance No. 7166, being Subsection 17 of Agenda Item VI to create Sewer District No. 2005-481 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac, 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, 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. 7166 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 Buschkoetter seconded by Hadley that Ordinance No. 7166 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. 7166 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. 7167 – CREATE PAVING DISTRICT NO. 2005-898

 

Council Member Lear introduced Ordinance No. 7167, being Subsection 18 of Agenda Item VI to  create Paving Improvement District No. 2005-898 for Redwood Lane from the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac, 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, 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. 7167 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 Buschkoetter seconded by Hadley that Ordinance No. 7167 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. 7167 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. 7168 – CREATE SEWER DISTRICT NO. 2005-482

 

Council Member Lear introduced Ordinance No. 7168, being Subsection 19 of Agenda Item VI to create Sewer District No. 2005-482 for Redwood Lane from the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac, 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, 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. 7168 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 Buschkoetter seconded by Hadley that Ordinance No. 7168 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. 7168 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. 7169 – CREATE PAVING DISTRICT NO. 2005-899

 

As you may remember, on February 22, 2005, the Council approved an ordinance creating a paving improvement district for 11th Street from 1st Avenue to 7th Avenue. 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.

 

At that time, the City published notice of the creation of the district and notified the owners within the assessment boundaries.  Administration received several written objections (63.86%) from the property owners within the proposed district and the Council repealed the paving district on March 22, 2005.

 

The Council held a study session on April 5, 2005 and discussed the current policy on assessing of streets being reconstructed within the City. Those changes are being presented in the previous item on the agenda.  The improvements on 11th Street have been identified in the City of Kearney’s One Year improvement Plan which was adopted early this year.

 

If the Council approves the changes to the assessment policy, the staff has brought the re-creation of the paving of 11th Street back to the Council with the ordinance being written in that no special assessments will be levied against the property within the district and that the City will pay the cost.

 

Mayor Hadley asked if this district is approved when will the project actually start?  Director of Public Works stated that it would still go through the 30-day process even though the City is not assessing.  If over 50 percent of the abutting property owners do not want the district it is petitioned out.  The City will continue to work on the plans in hopes that it will pass.  He anticipated that after the district is created they would bring in the plans and specs, go out for bids which is another 30-day process.  This involves 60-70 days before the City gets all the contracts back before a contractor could start the process.  This is depending on who the contractor is and what his workload is at that time.  We are hopeful that within 2-3 months this project would be underway. 

 

Council member Clouse asked how the City is going to fund this project which amounts to about $1,200,000.  Director of Public Works stated that the City would bond it with general obligation bonds paid by the general tax payers. 

 

Mayor Hadley asked about the 30-day protest period.  City Attorney stated the reason the district is created is for bond purposes.  In order to issue the bond, the City must create the district.  Mayor Hadley asked what is the option if the City determines that it needs this district for the beltway?  City Attorney responded that the City could possibly do it without the district and have to go to some type of internal funding.  He did not recall that the City had been faced with that situation.  It could also be done in some kind of incremental, block by block, approach of some kind.  He stated that he would need to check with Bond Counsel if that should be the situation.

 

Director of Public Works stated in the process he talked to the majority of the owners that were opposed to it was not because of the district itself, but the fact they had to pay for it.  Mayor Hadley stated he was hopeful that the City would do the communication with the property owners to let them know the City’s feeling and how we are going to fund this.  The letters that are being sent to the affected property owners notifies them that they will not be assessed. 

 

Council member Kearney stated that the $1,200,000 is not all new to our expense.  The City planned to pick up over 50 percent of the expense anyway because of the 36 foot width and being the owner of the park.  There was already 60-70 percent that was already in this year’s budget.  Director of Public Works stated that between the park and the City picking up the cost of the R-2 district housing that would not have been assessed anyway made the City’s share about 70 percent. 

 

Robert McCoy, 3302 20th Avenue from Famous Fillmore’s, stated that he wants to know more about the paving project and how it will affect his business.  He had met with City staff and looked at the plans and still has questions.  He has asked contractors and engineers and did not believe that he has received a satisfactory answer.  His concern is how to get his customer onto his property with this change. Because of this project, he is concerned about how people are going to get in and out of his property, loss of parking stalls, moving his main sign and believes these are competitive reasons to close his business.  He feels overwhelmed about the whole situation and looks impossible to overcome.  He asked for answers to questions like where the power pole, transformer, how water will flow down that 300 foot retaining wall, widening of the entrance to his drive. 

 

Council member Clouse stated this is a tough situation and the City has to try to work through it.  Since this has transpired in the last two weeks, he has received calls from those saying that the City still needs to proceed with this project.   Mr. McCoy stated what he would like to see is moving that road south and taking advantage of that land that is not being used.  He has talked with his legal firm and pursuing options about what to do if this ruins his business. 

 

Council member Buschkoetter agreed this is a tough situation.  The City must consider the needs of the many and the needs of this business.  He stated that the Council has been elected by the people at large of the City of Kearney and have to do what is best for the City as a whole which is their duty. 

 

 Mr. McCoy stated he asked a few meetings back about communication being open and better.  Many people have come to him and said where were the people in the City two years ago when he approached them about expanding his restaurant and applied for permits to do so?  He was not informed at that time about this road project and he believed that it was the City’s duty and responsibility to tell him about this.  Mayor Hadley stated this has been on the One and Six Year Plan since 1996 and this beltway concept for 11th Street has been in it and is not new now, nor was it two years ago.  He asked Mr. McCoy if he was aware of that.  Mr. McCoy stated that the first time it really hit him was when the engineers came to measure in February of this year.  Mayor Hadley asked if there was responsibility on Mr. McCoy’s part to know about what is in store for the major streets that his property fronts on?  Mr. McCoy agreed that his contractor probably should know, but if he did not.  The City should have told him when they applied for the permits. If something had been said to him about this, he would not have gone through with what he did.  Mayor Hadley stated that it seemed logical that as you drive on 11th street which is 4-lane for six blocks one way and five blocks the other way that eventually the rest would be done all the way to 2nd Avenue.  It would not make sense to funnel a wide street coming from the west down to a 2-lane at a major intersection.  Mr. McCoy stated he runs a restaurant and leaves planning things to contractors, architects, and the City and none of them informed him.

 

City Manager stated as a point of clarification that the description of the property is not real accurate.  Mr. McCoy had stated he was going to build to the south.  Mr. McCoy did not build to the south and today his property occupies City right-of-way and that is all the City is taking is a small section of the corner.  He just wanted to clarify that this is not going through his restaurant; it is taking the City right-of-way that has belonged to the City for sometime on the corner where his sign is placed.  Mr. McCoy responded that is true, but his plans were to go to the south and was denied because he did not have the proper setback not because of the new road. 

 

City Attorney stated he did not want to leave the impression that the City does not have the power to pave that street because they do.  There is an older statute that gives the City the power to pave anything.  He explained that they use this district procedure because that is the required bonding mechanism. 

 

City Manager encouraged City staff to get together with Mr. McCoy and show him specific information where signs and drainage are going.  Director of Public Works stated they have been to the property and walked the site with Mr. McCoy and had some suggestions about what the City would be willing to do to alleviate some of his concerns.  After the district is created and before the City goes out for bids, the plans and specifications will come back before the Council for review as to what exactly will be built.  Right now the only piece that will be needed is basically a little bit of the radius on the corner coming off of 2nd Avenue, where Fillmore’s sign is.  The sign itself is okay. There is an option to take it as a deeded right-of-way to the City or the City can take an easement for the roadway, which will determine if the sign can stay where it is on that particular corner.  The same situation is across the street and they have talked to both of the owners.  They have also talked to that owner because with the radius coming around there, the City will also need a little corner at that location.  That will be all the right-of-way the City will need.

 

Council Member Hadley introduced Ordinance No. 7169, being Subsection 20 of Agenda Item VI to create Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th 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 Kearney 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. 7169 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 Kearney seconded by Clouse that Ordinance No. 7169 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. 7169 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.

 

OPEN ACCOUNT CLAIMS -- NEBRASKA PUBLIC POWER DISTRICT - $197.57; FREMONT NATIONAL BANK - $35,555.95

 

Moved by Buschkoetter seconded by Hadley that Open Account Claims in the amount of $197.57 payable to Nebraska Public Power District; and $35,555.95 to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained. Motion carried.

 

VII.    REPORTS

 

LONG RANGE GOALS MEETING

 

City Manager Michael Morgan reminded the Council that the Special Meeting to discuss the City’s Long Range Goals is scheduled for Tuesday, April 19, 2005 at 4:00 p.m. to be held at the Kearney Volunteer Fire Department Training Complex, 4300 Piper Avenue.

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Lear that Council adjourn at 8:49 p.m. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

 

                                                                                    GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK