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Kearney, Nebraska

May 10, 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 May 10, 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: Ron Ross, Nancy Harrington, Amber Brown, Craig Bennett, Scott Stober, Doralene Weed, Alan Sherwood, Lloyd Castner, Jerry Roper, Steve Altmaier from KGFW Radio, Mike Cahill from KKPR Radio, and Mike Konz from Kearney Hub.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

The Mayor and Council held a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Eric Warren and Dan Hanson, Troop #158, led the Council members and audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS – COLTER CHRISTENSEN; RANDOM ACTS OF KINDNESS WEEK

 

Boy Scout Colter Christensen stated he is a Life Scout in Troop 132 and is working on his Eagle Scout project.  He is presenting his project to the City Council because he believes that a “Random Acts of Kindness Week” would benefit the Kearney community.  The goal is to rekindle the spirit of service and make people feel friendlier toward each other and build a sense of community unity, and hopefully, these activities will continue in the future.  During the week of June 13-18 the following are the projects that will be promoted: 1) collect unwanted and unneeded cell phones for women in dangerous situations, 2) collect and distribute stuffed animals for kids in hospitals, 3) collect glasses for Lions Club, 4) collect books, CDs and DVDs for city and school libraries, 5) organize activity night for senior citizens at assisted living centers, 6) implement “Kindness Day” June 18th at Yanney Park to clean up litter, plant trees and flowers, 8) encourage and promote various service projects by community groups and churches, and 9) encourage people to do random acts of kindness with cards, articles in the Hub and on the radio.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING – SOUTHWEST OF 6560 2ND AVENUE

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Terry Broadfoot and Marlin Heiden (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 Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., containing 13.29 acres, more or less, Buffalo County, Nebraska (southwest of 6560 2nd Avenue). Planning Commission recommended approval.

 

The applicant is requesting approval to develop rural property located on the west side of 2nd Avenue at about the 6500 block. Although this property is relatively close to the development fringe along 56th Street, it cannot be served with municipal sanitary sewer at this time or in the near future. The Owner would like permission to build one rural residence at this time while preparing the remainder of the land for future growth.

 

The North Kearney Growth Analysis Study prepared by Miller & Associates in the early 1990’s maps the proposed routes for major service lines providing municipal water and sanitary sewer to properties on the north end of the city. Sewer to serve this property must come from a considerable distance from the northeast, running west across 2nd Avenue and then south to reach this destination. This sewer trunk line currently terminates at Avenue N just north of 56th Street, approximately 2 miles away. The Owner has been advised that development in this area is anticipated to be urban in character once the municipal services arrive. The growth rate of the area and the intervening land extending back to the existing service fringe will determine how quickly the infrastructure is built.  In the meantime, staff wants to avoid infilling the area with large rural residential lots that would impede urban infill growth in the future. Staff has agreed to work with the applicant to allow three rural residential lots at this location. Only one of the three will be final platted and developed at this time. In the future, when urban services are extended to serve this area, the land will be rezoned to the appropriate urban zoning category, most likely R-1.

 

Lot 1 of Shannon Estate must be vacated to allow this property to be replatted with an improved road alignment. An existing access easement that traverses Lot 1 of Shannon Estate and provides access to several properties in the area will be replaced with a dedicated road known as 66th Street.

 

The Owner is requesting rezoning of 13.29 acres from AG to RR-1, Rural Residential District (Rural Standards).  This land area includes three residential lots, an associated outlot, and the majority of the public street.

 

The Preliminary Plat consists of a three-lot subdivision known as Austin Estates, approved by the Planning Commission on April 15, 2005. Only one of the three lots will be shown on the Final Plat (Lot 1).  This lot incorporates additional land shown as Outlot A in order to meet the minimum land area requirement of the code.  Lot 1 plus Outlot A equal 3.8 acres (only 1.5 plus 1.5 = 3.0 acres required). The outlot area is nicely maintained and feature ponds and landscaping.  This house will be served by individual well and septic systems, and a gravel street.

 

The lots are accessed by a long cul-de-sac street known as 66th Street that is dedicated on the plat, entering from 2nd Avenue in a westerly direction then turning south. The Director of Public Works has waived the maximum cul-de-sac length of 600 feet since this street will eventually be extended to the west and it will serve only one house at this time.  The width of the roadway right-of-way is 66-feet as it enters from 2nd Avenue and it lines up with dedicated access on the east side of 2nd Avenue. The easement for future extension of the roadway and utilities corridor will be dedicated to the city under separate instrument.

 

The location of an easement for future municipal sanitary sewer service is shown on the Final Plat.  The location of this easement is based on the “best guess” we can make today of how the sanitary services should be laid out.  In the future, the exact location of the easement may need to be modified slightly.  A Subdivision Agreement has been prepared to execute and detail the obligations of the city and the owner.  The agreement will limit development of the site to one home at this time and will reference the aforementioned sanitary easement.

 

Mitch Humphrey from Buffalo Surveying was present 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 Application submitted by Mitch Humphrey (Applicant) for Terry Broadfoot and Marlin Heiden (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 Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., containing 13.29 acres, more or less, Buffalo County, Nebraska (southwest of 6560 2nd Avenue). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

DEVELOPMENT PLAN APPROVAL – KEARNEY AREA HUMANE SOCIETY

 

Mayor Hadley opened the public hearing on the Application submitted by Kearney Area Humane Society (Applicant) and 21st Century Investment Co., L.L.C., a Nebraska Limited Liability Company (Owner) for Planned District Development Plan Approval for the construction of a humane society on property zoned to “District C-3/PD, General Commercial District/Planned Development Overlay District” and described as Lot 2, Meadowlark Gardens Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) located in the South Half of the Southeast Quarter of Section 33, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (proposed Lot 2, Meadowlark Gardens Second Addition and located north of Highway 30 and east of Nebraska Department of Roads Maintenance Yard) and to consider approval of Resolution No. 2006-67. Planning Commission recommended approval.

 

The Applicant is requesting approval to construct a facility to house the Kearney Humane Society on West Highway 30.  This project consists of a 1,344 square foot building and associated parking.  The site is adjacent to and just east of the existing Nebraska Department of Roads Maintenance Yard.  The property is zoned C-3/PD and is 3.0 acres in area.  Development of this project includes vacation, subdivision plats, and approval of Development Plans.

 

Lot 2 of Meadowlark Gardens Addition must be vacated so that it can be replatted into two 3-acre lots known as Meadowlark Gardens 2nd Addition.  The proposed Humane Society facility will be located on Lot 2, the westerly of the two lots.

 

A Preliminary and Final Plat have been submitted for Meadowlark Gardens 2nd Addition.  The Preliminary Plat was approved by Planning Commission on April 15, 2005.  The proposed subdivision contains two 3-acre lots.  Access from Highway 30 is controlled by NDOR and is shown on the Final Plat as a 55-foot by 129-foot ingress-egress easement.  This easement also provides access to Lot 1, adjacent to the east.  A ten-foot water line easement is shown on the west end of Lot 2 adjacent to Highway 30.  Stormwater detention is required.  No building permits will be issued until the City Engineer approves the design and computations for stormwater detention.  An NDOR proposal to realign Highway 30 will result in adequate right-of-way width along the entire frontage of the highway.

 

Additional width in the ingress-egress easement to accommodate large truck traffic will require a resulting shift in the building location.  The Final Plat reflects the proposed ingress-egress easement as requested.  The plans that have been submitted have been revised to allow for the easement which resulted in a very slight adjustment to the parking lot.  The Landscape Plan is complete – no interior parking lot landscaping is required since the lot area is less than 6,000 square feet.  The building materials range from simulated stone and masonry to EFIS.  A pitched shingled roof gives the building a somewhat residential look that will fit nicely in the neighborhood.

 

Scott Stober from Wilkins Hinrichs and Stober Architects presented this matter to the Council. The Kearney Area Humane Society is building a 7,400 square foot building on Highway 30 adjacent to the Department of Roads.  The Planning Commission had no objections and the design exceeds the City minimum standards.  The building is going to be visible from all sides and so the back is landscaped and finished just like the front.  Their goal is to have animals adopted into the community with a 24-hour drop off.  The fenced area on the outside of the building will only be for exercising animals.  All animals will be housed inside the building. 

 

Sally Bryson stated this project is a culmination of four years of planning.  It is a dream of many and with the Council’s approval will come true.  Many have donated their time, talents and have been most generous with gifts to make this a reality.  Kearney will have a facility to be proud of. 

 

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 Kearney Area Humane Society (Applicant) and 21st Century Investment Co., L.L.C., a Nebraska Limited Liability Company (Owner) for Planned District Development Plan Approval for the construction of a humane society on property zoned to “District C-3/PD, General Commercial District/Planned Development Overlay District” and described as Lot 2, Meadowlark Gardens Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) located in the South Half of the Southeast Quarter of Section 33, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (proposed Lot 2, Meadowlark Gardens Second Addition and located north of Highway 30 and east of Nebraska Department of Roads Maintenance Yard) and approve Resolution No. 2006-67. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-67

 

            WHEREAS, Kearney Area Humane Society (Applicant) and 21st Century Investment Co., L.L.C., a Nebraska Limited Liability Company (Owner) have applied for Planned District Development Plan Approval for the construction of a humane society facility on property zoned “District C-3/PD, General Commercial District/Planned Development Overlay District” and described as Lot 2, Meadowlark Gardens Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) located in the South Half of the Southeast Quarter of Section 33, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (proposed Lot 2, Meadowlark Gardens Second Addition and located north of Highway 30 and east of Nebraska Department of Roads Maintenance Yard).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Kearney Area Humane Society (Applicant) and 21st Century Investment Co., L.L.C., a Nebraska Limited Liability Company (Owner) for District Planned Development Plan Approval for the construction of a humane society facility on property zoned “District C-3/PD, General Commercial District/Planned Development Overlay District” and described as Lot 2, Meadowlark Gardens Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) located in the South Half of the Southeast Quarter of Section 33, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (proposed Lot 2, Meadowlark Gardens Second Addition and located north of Highway 30 and east of Nebraska Department of Roads Maintenance Yard) be approved.

PASSED AND APPROVED THE 10TH DAY OF MAY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

DEVELOPMENT PLAN APPROVAL – McDONALD’S RESTAURANT, 1ST AVENUE AND 56TH STREET

 

Mayor Hadley opened the public hearing on the Application submitted by Ross Engineering, Inc. (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan Farm, a Limited Partnership (Owner) for Planned District Development Plan Approval for the construction of a restaurant facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 2, Ingalls Crossing Addition, an addition to the City of Kearney, Buffalo County, Nebraska (1st Avenue and 56th Street) and to consider approval of Resolution No. 2005-68. Planning Commission recommended approval.

 

The Applicant is requesting approval of Development Plans for a proposed McDonalds restaurant located in Ingalls Crossing at the northeast corner of the intersection of 1st Avenue and 56th Street.  This property is zoned C-2/PD so Development Plan review and approval is required.

 

The proposed restaurant is a new prototype, the first of its kind to be constructed in Nebraska.  Architectural elevations are included in the Development Plan package.  The Landscape Plan is very nice. The development meets all code requirements for parking, impervious cover, open space, setbacks, and drainage. Stormwater detention design and computations have been submitted to the City Engineer.  The Development Plan package is complete.

 

Ron Ross from Ross Engineering presented this matter to the Council. Jerry Roper, the area construction regional manager for McDonalds was also in attendance at the meeting. This is the new prototype, which is 4,400 square feet and will be the second in Nebraska after Bellevue.  Access will be off of 1st Avenue (no access from 56th Street).  It has what McDonald’s calls a side-by-side drive thru.  The City requested a detention cell, which will be provided through the developer.  The City has new NPDES criteria, which is different from when the Ingall’s Crossing was originally brought to the Council. Detention cells will be provided for each individual lot instead of waiting until they get into the first lake which is along the natural drainage area and to the northeast.

 

They plan to add a detention pond that will take care of McDonalds and another restaurant that has purchased one of the lots from the Corrigan Trust.  It will also take care of Applebee’s and a total of five other undeveloped commercial lots.  He wanted to go on record to avoid confusion that what they have presented to staff and approved for a small detention cell for McDonalds will actually be a larger permanent pool of water (retention/detention). This will be similar to the pond that has been built east of Menards in the area of the future apartments, but will not be that large, nor have an exposed retaining wall.  This pond with a fountain will be visible from 56th Street and will be an added amenity for the development. 

 

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 Ross Engineering, Inc. (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan Farm, a Limited Partnership (Owner) for Planned District Development Plan Approval for the construction of a restaurant facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 2, Ingalls Crossing Addition, an addition to the City of Kearney, Buffalo County, Nebraska (1st Avenue and 56th Street) and approve Resolution No. 2005-68. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-68

 

            WHEREAS, Ross Engineering, Inc. (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan Farm, a Limited Partnership (Owner) have applied for Planned District Development Plan Approval for the construction of a restaurant facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 2, Ingalls Crossing Addition, an addition to the City of Kearney, Buffalo County, Nebraska (1st Avenue and 56th Street).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Ross Engineering, Inc. (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan Farm, a Limited Partnership (Owner) for District Planned Development Plan Approval for the construction of a restaurant facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 2, Ingalls Crossing Addition, an addition to the City of Kearney, Buffalo County, Nebraska (1st Avenue and 56th Street) be approved.

            PASSED AND APPROVED THE 10TH DAY OF MAY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

CDBG GRANT – NEBRASKA FIREFIGHTERS MUSEUM AND EDUCATIONAL CENTER

 

Mayor Hadley opened the public hearing on the application to the Department of Economic Development for a Community Development Block Grant in the amount of $210,000 for the construction of the Nebraska Firefighters Museum and Educational Center and to consider approval of Resolution No. 2005-69.

 

The Nebraska Firefighters Foundation will be constructing and maintaining the Nebraska Firefighters Museum and Educational Center. Interstate Structures previously owned and operated from the building located at 2180 25th Road.  With the construction of the museum and educational center, they will have the ability to preserve and honor the past, while at the same time embrace and change the future. The financial support from the CDBG Program will help honor the firefighters throughout Nebraska. It will provide extensive educational programs and exhibits to educate the public.

 

The Nebraska Firefighters Foundation is the vehicle through which the Nebraska Firefighters Museum and Educational Center will be built. The mission statement of the Nebraska Firefighters Foundation is “to preserve Nebraska’s firefighting heritage, foster public understanding of the impact and benefit to firefighting in regard to saving lives and possessions, educate individuals about fire prevention and fire safety, and memorialize Nebraska firefighters.”

 

In August of 2004, the Nebraska Firefighters Foundation placed a successful bid on this building. The site includes ten acres of ground just south of the Platte River and two existing buildings. Besides the purchase of the building, the Foundation Board hired an architect to collect ideas and bring to life the dream of a Nebraska Firefighters Museum.

 

The City is asked to apply for a $210,000 CDBG award to help finance the cost of construction.  The total anticipated cost of the project is $4,810,000.  The Nebraska Firefighters Museum and Educational Center through donations, other grants and a loan will provide the balance of the funding.  The City of Kearney will not be committing any funds to this project.

 

The City’s involvement will be to receive CDBG funds and disperse the amounts.  If the grant is awarded, the 2005-06 budget will need to reflect the pass-through of the CDBG funding.  The City would be eligible to use the Administration funding for any audit costs related to the grant passing through the City’s accounts.  The City will also be providing a certified CDBG administrator, which the State requires to administer the funds.

 

The City has the legal authority to apply for and receive Community Development Block Grant awards.  An Interlocal Agreement between the City of Kearney and the Nebraska Firefighters Museum and Educational Center is also required outlining the terms of the arrangement.

 

Doralene Weed, one of the Board of Directors, stated that the Firefighter’s Museum and Education Center is about to become a reality.  She believed this will be one of the premier attractions in the State of Nebraska on ten acres of land.  The opportunities with this amount of land are unlimited.  She presented a picture of the proposed structure.  Mr. Alan Sherwood is the consultant for the project.

 

Lloyd Castner from Kirkham Michael stated that the City has participated many times in the Community Block Grant. One of those programs is called “Tourism Development Initiative” that provides funds to nonprofit and for profit organizations.  The reason these programs are eligible for grants is because they create jobs and handicapped accessible features. There are several of the features that the architects have included in the plans to convert this building.  Mr. Castner recommended that they apply for the maximum amount, which is $200,000, and the additional $10,000 is for administration by a grant administrator that would be selected in the future.   

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing on the application to the Department of Economic Development for a Community Development Block Grant in the amount of $210,000 for the construction of the Nebraska Firefighters Museum and Educational Center and approve Resolution No. 2005-69. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-69

 

            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 housing needs; and has conducted a public hearing upon the proposed application and received favorable public comment respecting the application which for an amount of $210,000 for the construction of the Nebraska Firefighters Museum and Educational Center.

            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 10TH DAY OF MAY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

IV.    CONSENT  AGENDA

 

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

 

1.         Approve Minutes of Special Meeting held April 19, 2005 and Regular Meeting held April 26, 2005.

 

2.         Approve the following Claims: AFLAC $1,584.00 ps; Ace Irrigation $503.51 co; Adams Co Sheriff $1,000.00 smcs; Ailes,M $25.68 smcs; Alamar $2,859.25 co,ps; Albert Whitman $15.95 smcs; Alltel $2,194.11 smcs; Art Vagt $1,447.00 co; B&B Auto Glass $582.55 smcs; Baird, Holm, Mceachen $1,178.26 smcs; Baker & Taylor $1,728.67 smcs; Baker,C $25.00 smcs; Balcom,P $194.25 smcs; Ball,R $25.00 smcs; Bauer,D $90.00 smcs; Beachner Construction $5,500.00 co; Becker,C $1.12 smcs; Beers,T $25.00 smcs; Bennett,T $1,029.00 smcs; Bentjen,C $25.00 smcs; Big Flag $52.00 smcs; Blessing $76,828.05 co; Blue Cross Blue Shield $49,898.69 smcs; Bogard,M $17.82 smcs; Bosselman $18,793.05 smcs; Brill,K $81.70 smcs; Broadfoots $99.00 smcs; Brown Transfer $209.91 smcs; Buffalo Co Court $264.05 ps; Buffalo Co Sheriff $1,084.00 smcs; Builders Warehouse $8.99 smcs; C&H Distributor $23.31 smcs; Carquest Auto Parts $113.69 smcs; Cash-Wa $5,016.45 smcs; Cedar Hills $60.48 smcs; Central Fire $169.00 smcs,co; Central NE Bobcat $19.97 smcs; CHAD $16.00 ps; Charter Communications $43.55 smcs; Charter Paging $22.46 smcs; Christensen,D $25.00 smcs; City of Hastings $85.00 smcs; City of Ky $195,509.61 ps,smcs, ds; Client Server Develop $112.35 smcs; College Savings Plan of NE $50.00 ps; Conseco Life Insurance $38.00 ps; Cook,R $1,200.00 smcs; Copycat $44.11 smcs; Cunningham,J $25.00 smcs; Currey,S $50.00 smcs; Davis,S $50.00 smcs; Dawson Co PPD $10,355.49 smcs; Demco $137.26 smcs; Dept of the Treasury $4.80 ps; Dobesh,K $25.00 smcs; Dutton-Lainson $24.57 smcs; E&D Enterprise $320.00 smcs; Eakes Office Plus $633.51 smcs; Ecolab $27.00 smcs; EDM Equipment $1,587.67 smcs; Eickhoff,B $18.75 ps; Eirich,T $50.00 smcs; Elrod,B $25.00 smcs; Entenmann-Rovin $152.00 smcs; Erickson,K $25.00 smcs; Evangelical Lutheran $2,818.00 smcs; Fairbanks $19,981.00 co; Farm Plan $178.31 smcs; FedEx $161.88 smcs; Fish,V $50.00 smcs; Forbes,B $25.00 smcs; Freburg,N $184.62 ps; Friedrichsen,D $25.00 smcs; Frontier $249.09 smcs; Full Tilt Management $200.00 smcs; Fyr-Tek $400.44 smcs; Galls $470.92 smcs,co; Gangwish Turf $56.97 smcs; Gaylord Bros $61.68 smcs; Gleason,B $25.00 smcs; Glines,L $25.00 smcs; Gordon's Repair $212.99 smcs; GI Rural Fire Dept $108.75 smcs; Grimes,S $81.70 smcs; H&H Distributor $730.80 smcs; Hach $15.46 smcs; Halbert,K $18.00 smcs; Hansen,J $25.00 smcs; Harding, Shultz & Downs $1,938.16 smcs; Hastings $62.99 smcs; HDR Engineering $8,970.64 smcs; Hibberd,T $31.00 smcs; Hometown Leasing $208.91 co; Ice Cream Wagon $25.00 smcs; ICMA RC $2,457.80 ps; IRS $81,253.71 ps; IPMA $74.50 smcs; Jack Lederman $104.01 smcs; Johansen,G $25.00 smcs; Johnson,R $35.20 smcs; Johnson,S $50.00 smcs; Johnston,B $50.00 smcs; Kalba,R $63.28 smcs; Ky Area United Way $608.36 ps; Ky Chamber Comm $10,250.12 smcs; Ky Concrete $759.38 co; Ky Yamaha $8,225.00 co; Kelley,M $25.00 smcs; Kirkham Michael $3,326.40 co; Klein,S $50.00 smcs; Kooyman,R $200.00 ps; Koza,B $22.33 smcs; Kratzer,B $81.70 smcs; Krepel,J $426.00 smcs; Kriby,A $50.00 smcs; Lane,J $25.00 smcs; Laughlin,K $360.00 ps; Lawson Products $367.98 smcs; Lehmkuhler,V $50.00 smcs; Lexis Nexis $181.30 smcs; Linweld $12.00 smcs; Luke,D $1,331.15 smcs; Magic Cleaning $850.00 smcs; Mahoney State Park $50.50 smcs; Mail Express $120.60 smcs; Markus,B $54.00 smcs; Marlatt Machine Shop $423.40 smcs; Martin Diesel $1,746.17 smcs; McClellen,L $22.83 smcs; McCollister $2,142.15 smcs; Mclaughlin,P $149.00 smcs; Metlife $3,857.03 ps; Meyer,P $25.00 smcs; Michael Burke, Psy $75.00 smcs; Mid-NE Lubricants $4,644.00 smcs; Mid-State Engineering $1,046.00 co; Mid-State Units $150.00 smcs; Miller & Associates $20,124.88 smcs,co; Miller Signs $37.50 smcs; Morris Press $713.64 smcs; Mosbarger,B $364.02 smcs,ps; Motion Industries $1,120.92 co; Municipal Supply $5,021.79 smcs; Nat'l Paper Supply $197.76 smcs; NWWA $10,637.07 smcs; NE Child Support $1,045.43 ps; NE Health Lab $191.00 smcs; NE Crime Comm $52.00 smcs; NE Dept of Environment $300.00 smcs; NE Dept of Revenue $46,387.35 ps,smcs; NE Machinery $708.35 smcs; NE Trails Council $125.00 smcs; NEland Distributor $282.80 smcs; NeFSMA $105.00 smcs; Nicklasson,B $81.70 smcs; NLA Public Library $20.00 smcs; Northwestern Energy $2,368.30 smcs; Office Depot $247.52 smcs; Olsson Associates $2,867.05 smcs; Paulsen $49,086.69 co; Payflex Systems $365.50 ps; Petersen,D $25.00 smcs; Petersen,R $94.60 smcs; Pinpoint Communication $72.75 smcs; Platte Valley Communication $178.96 smcs; Postmaster $482.00 smcs; Presto-X $219.00 smcs; Ramold, D $30.00 smcs; Random House $666.40 smcs; Recoded Books $514.10 smcs; Red Willow $790.00 smcs; Reicheneker,C $25.00 smcs; Reserve Account $8,000.00 smcs; Resource Technology $83.00 smcs; Rivershore Reading $225.00 smcs; Schmidt,A $81.70 smcs; Schmidt,D $40.00 smcs; Scholastic Library $669.85 smcs; See Clear Cleaning $1,900.00 smcs; Seery,S $25.00 smcs; Seidler,C $25.00 smcs; Sesna,D $124.00 smcs; Shred N Store $172.16 smcs; Sigl,G $25.00 smcs; Smallcomb,P $25.00 smcs; Snap-On Tools $400.00 smcs; Sorensen Group $35,095.50 co; Spencer Turbine $1,534.43 smcs; Springer Roofing $325.00 smcs; State of NE $19.62 smcs; Stocker,K $37.25 smcs; Story,G $452.34 smcs; Stover,V $13.43 smcs; Sun Life Financial $20,009.84 smcs; Terry,M $26.51 smcs; Theim,R $25.00 smcs; Thompson Publishing $468.50 smcs; Thomsen,K $25.00 smcs; Transit Works $161.57 smcs; Union Oil $14,677.81 smcs; Unique Books $47.24 smcs; Urbanek,T $460.34 smcs; Van Diest $3,452.55 smcs; Van,M $25.00 smcs; Village Profile $450.00 smcs; Village Uniform $330.82 smcs; Washington State Support $102.01 ps; Wells Fargo Bank $43,378.13 smcs,ds; Western Security $70.00 smcs; Westfall $1,280.36 smcs; Wilmot,M $50.00 smcs; Windham,V $25.00 smcs; Winfield Concrete Leveling $2,445.00 co; Wiseman,B $30.00 smcs; Woods & Aitken $1,880.19 co; Woodside,M $306.25 smcs; Zubrod,D $81.70 smcs; Payroll Ending 4-30-2005 -- $251,580.71.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve the Interlocal Agreement between the City of Kearney and the Nebraska Firefighters Museum and Educational Center concerning the Community Development Block Grant and approve Resolution No. 2005-70. (Pertains to Public Hearing 4.)

 

RESOLUTION NO. 2005-70

 

            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 Interlocal Agreement with the Nebraska Firefighters Museum and Educational Center on behalf of the City of Kearney, Nebraska. A copy of the Interlocal Agreement, marked as Exhibit “A” is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 10TH DAY OF MAY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

4.         Approve the Developer Constructed Infrastructure Agreement for public improvements for Lot 6 of Block 4, Grandview Estates Addition to the City of Kearney, Buffalo County, Nebraska between the City of Kearney and Milan Timm and approve Resolution No. 2005-71.

 

RESOLUTION NO. 2005-71

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” for Milan E. Timm, 39th Street and Avenue R Apartments” for Lot 6 of Block 4, Grandview Estates 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 Milan E. Timm to construct public improvements.

            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 10TH DAY OF MAY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

5.         Approve setting May 24, 2005 at 7:00 p.m. as time and date for the Board of Equalization to assess costs for 2002 Part IV Improvements consisting of Paving Improvement District No. 2001-858 for the alley between 1st Avenue and 2nd Avenue from 15th Street to 16th Street, Paving Improvement District No. 2002-869 for the alley between 1st Avenue and 2nd Avenue from 21st Street to North Railroad Street; AND 2004 Part II Improvements consisting of Paving Improvement District No. 2003-871 for an alley between Central Avenue and 1st Avenue from 24th Street to 25th Street; Paving Improvement District No. 2003-877 for 17th Avenue from 14th Street, north a distance of 137± feet north of 15th Street Place; Paving Improvement District No. 2003-878 for 14th Street from 17th Avenue, east a distance of 115± feet east of 17th Avenue; Paving Improvement District No. 2003-879 for 15th Street Place from 17th Avenue, west to its terminus in a cul-de-sac; Water District No. 2003-527 for 17th Avenue from 14th Street, north a distance of 137± feet north of 15th Street Place AND 14th Street from 17th Avenue, east a distance of 115± feet east of 17th Avenue; Water District No. 2003-528 for 15th Street Place from 17th Avenue, west to its terminus in a cul-de-sac; Sewer District No. 2003-469 for 17th Avenue from 14th Street, north a distance of 137± feet north of 15th Street Place; and Sewer District No. 2003-470 for 15th Street Place from 17th Avenue, west to its terminus in a cul-de-sac; AND 2004 Part III Improvements consisting of Paving Improvement District No. 2004-880 for LaPlatte Road from Meadow Lane to approximately 160 feet south of Redwood Lane, Water District No. 2004-529 for LaPlatte Road from Meadow Lane to Plaza Boulevard, and Sewer District No. 2004-471 or LaPlatte Road from Meadow Lane to approximately 160 feet south of Redwood Lane.

 

6.         Approve the Application for a Special Designated License submitted by The Sandbar in connection with their Class C/K62578 Catering Liquor License to dispense beer, wine and distilled spirits in the Ag Pavilion at the Buffalo County Fairgrounds, 3807 Avenue N, on May 28, 2005 from 3:00 p.m. until 1:00 a.m. in connection with a wedding reception subject to the City receiving the Certificate of Insurance.

 

7.         Approve Change Order No. 2 for a decrease in the amount of $26,332.35, Application and Certificate for Payment No. 7-Final in the amount of $.00 and Certificate of Substantial Completion submitted by Blessing, LLC and approved by Miller & Associates for the 2002 Part IV Improvements consisting of Paving Improvement District No. 2001-858 for the alley between 1st Avenue and 2nd Avenue from 15th Street to 16th Street, Paving Improvement District No. 2002-869 for the alley between 1st Avenue and 2nd Avenue from 21st Street to North Railroad Street, Paving Improvement District No. 2002-870 for the alley between Central Avenue and Avenue A from 21st Street to North Railroad Street, and the parking lot located northwest of the Library and approve Resolution No. 2005-72.

 

RESOLUTION NO. 2005-72

 

WHEREAS, Blessing, LLC has performed services in connection with the 2002 Part IV Improvements consisting of Paving Improvement District No. 2001-858 for the alley between 1st Avenue and 2nd Avenue from 15th Street to 16th Street, Paving Improvement District No. 2002-869 for the alley between 1st Avenue and 2nd Avenue from 21st Street to North Railroad Street, Paving Improvement District No. 2002-870 for the alley between Central Avenue and Avenue A from 21st Street to North Railroad Street, and the parking lot located northwest of the Library, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing a decrease in the amount of $26,332.35, as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Blessing, LLC and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 7-Final in the amount of $.00 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$394,096.50

            Change Order No. 1 (6-22-2004)

+  10,222.71

            Change Order No. 2 (5-10-2005)

-  26,332.35

Contract Sum To Date

$377,986.86

Gross Amount Due

$377,986.86

Retainage

.00

Amount Due to Date

$377,986.86

Less Previous Certificates for Payment

$377,986.86

Current Payment Due

$             .00

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of November 15, 2002, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 2 as shown on Exhibit “A”, Application and Certificate of Payment No. 7-Final as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 10TH DAY OF MAY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

8.         Approve the Application for a Special Designated License submitted by DOUGLAS HOOS, dba “Tubs Pub” in connection with their Class CK282 Catering Liquor License to dispense beer, wine and distilled spirits in the Ag Pavilion at the Buffalo County Fairgrounds, 3807 Avenue N, on June 4, 2005 from 3:00 p.m. until 1:00 a.m. for a wedding reception.

 

9.         Approve the Application for a Special Designated License submitted by DOUGLAS HOOS, dba “Tubs Pub” in connection with their Class CK282 Catering Liquor License to dispense beer, wine and distilled spirits in the in the Great Platte River Road Archway Monument, which includes a 20’x40’ tent, 3060 East 1st Street, on June 11, 2005 from 3:00 p.m. until 1:00 a.m. for a wedding reception and dance.

 

10.        Approve the request submitted by the University of Nebraska at Kearney to conduct Homecoming Parade on October 1, 2005 beginning at 10:00 a.m. The route will commence on North Railroad Street and Central Avenue, north on Central Avenue to 27th Street, west on 27th Street to 9th Avenue.  The staging area to be blocked off beginning at 7:00 a.m. is Railroad Street from Avenue E to 5th Avenue, 4th Avenue from Railroad Street to 22nd Street, 3rd Avenue from Railroad Street to 22nd Street, 21st Street from 3rd Avenue to 5th Avenue, 20th Street from 3rd Avenue to 5th Avenue, Avenue B from Railroad Street to 22nd Street, Avenue C from Railroad Street to 22nd Street, Avenue D from Railroad Street to 22nd Street, and Avenue E from Railroad Street to 22nd Street. (Administration recommends approval subject to (1) prohibiting parking on Central Avenue between North Railroad Street and 25th Street from 2:00 a.m. on October 1, 2005 to 12:30 p.m. on October 1, 2005 to allow for the movement of participants and the viewing of the parade, and (2) the Transportation Division provide barricades to block the intersections along the route for the safety.)

 

11.        Approve the request from the Yanney Heritage Park Foundation and the City of Kearney to conduct Yanney Heritage Day on June 11, 2005 at the E.K. & Mary Yanney Heritage Park.

 

12.        Approve Resolution No. 2005-73 declaring all future special assessments for certain paving, water and sewer districts delinquent for the following properties: south 11 feet of Lot 150 and all of Lot 151 together with the vacated west 17 feet of Avenue D, South Kearney Addition; west 140 feet of the north 75 feet of Lot 1761, Original Town of Kearney Junction together with the vacated south 7 feet of 13th Street and the vacated east 7 feet of Avenue H; Lot 1567 together with the vacated west 17 feet of Avenue E, Original Town of Kearney Junction; Lot 9 of Block 1, Rovar Park 3rd Addition; Lot 2, Cook’s Estate Subdivision; Lot 604, Original Town of Kearney Junction; and Lot 605, Original Town of Kearney Junction.

 

RESOLUTION NO. 2005-73

 

            WHEREAS, certain Water Districts, Sewer Districts and Paving Districts have been properly created within the City of Kearney, Nebraska, by order of the City Council; and

            WHEREAS, the City Council has, in a legal and proper manner, levied assessments according to benefits against the respective properties lying within said districts; and

            WHEREAS, the below-listed owners of said property have failed to make timely payment of said special assessments and allowed the assessments to become delinquent and unpaid for a total of three (3) or more installments.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President and City Council, in accordance with Neb. Rev. Stat. §16-622 and §16-669, do hereby declare all future installments on the following delinquent properties, all located in the City of Kearney, Buffalo County, Nebraska, to be due on June 24, 2005; that after June 24, 2005, such future installment(s) shall be deemed to be delinquent and interest shall accrue at a rate of fourteen percent (14%) on all delinquent sums after that date:

 

 

 

 

 

ADDITIONAL

 

 

 

TOTAL

PRINCIPAL

 

DELINQUENT

INTEREST

DUE

DUE ON OR

RECORD TITLE AND

PRINCIPAL

TO

AS OF

AFTER

PROPERTY OWNER

DUE

06/24/2005

06/24/2005

06/24/2005

 

Josephine Rojas

Lot 1567 w/vac. W. 17’ of Ave. E, abutting said Lot 1567 on the East, Original Town of Kearney

Paving District 96-756

 

 

 

 

 

$165.90

 

 

 

 

 

$99.75

 

 

 

 

 

$265.65

 

 

 

 

 

$305.03

 

 

 

 

 

Gene L. Freeze, President

Rovar, Inc.

Lot 9, Blk. 1, Rovar Park 3rd

Paving District 2000-839

 

 

 

$5,610.42

 

 

 

$1,540.64

 

 

 

$7,151.06

 

 

 

$13,090.90

 

 

 

 

 

Leonardo & Angelita Salinas

Lot 2, Cook’s Estate Subdivision

Paving District 98-803

 

 

$379.45

 

 

$207.11

 

 

$586.56

 

 

$379.49

 

 

 

 

 

Jose Zapata

Lot 604, O.T. of Kearney

Paving District 97-763A

Lot 605, O.T. of Kearney

Paving District 97-763A

 

 

$1,142.24

 

$2,050.32

 

 

$711.93

 

$1,277.92

 

 

$1,854.17

 

$3,328.24

 

 

$1,142.27

 

$2,050.27

           

PASSED AND APPROVED THIS 10TH DAY OF MAY, 2005.

 


ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

13.        Approve the Application for a Special Designated License submitted by JCB ENTERPRISES, dba “Bill’s Liquor” in connection with their Class CK39105 Catering Liquor License to dispense beer, wine and distilled spirits in the in the Great Platte River Road Archway Monument, 3060 East 1st Street, on May 28, 2005 from 3:00 p.m. until 1:00 a.m. for a class reunion.

 

14.        Accept the report from the City Clerk on the insufficiency of objection/protest filed in connection with Ordinance No. 7169 creating Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7171 – PAVING DISTRICT NO. 2005-900

 

A letter from Lee Rowedder from The Lockmobile requesting that a paving district be created for a portion of an alley lying south of 11th Street as it abuts Lots 41, 42, 51, and 52, South Kearney Addition was received by the City.  According to the state statutes, the Council has the authority to pass an ordinance which would create the district and begin the process prescribed by law.

 

Council Member Kearney introduced Ordinance No. 7171, being Subsection 1 of Agenda Item V to create Paving Improvement District No. 2005-900 for an alley lying south of 11th Street as it abuts Lots 41, 42, 51, and 52, South Kearney Addition to the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7171 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7171 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. 7171 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. 7172 – VACATE PORTION OF SHANNON ESTATE

 

Council Member Lear introduced Ordinance No. 7172, being Subsection 1 of Agenda Item VI to vacate Lot 1, Shannon Estate, a subdivision in Buffalo County, Nebraska, except a part of Lot 1 deeded to the State of Nebraska Department of Roads (6507 2nd 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 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, Lear, Clouse, Kearney, Buschkoetter. 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. 7172 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Hadley that Ordinance No. 7172 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7172 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. 7173 – REZONE SOUTHWEST OF 6560 2ND AVENUE

 

Council Member Lear introduced Ordinance No. 7173, being Subsection 2 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 Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., containing 13.29 acres, more or less, Buffalo County, Nebraska (southwest of 6560 2nd 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 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, Lear, Clouse, Kearney, Buschkoetter. 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. 7173 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Hadley that Ordinance No. 7173 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7173 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 – AUSTIN ESTATES

 

Mayor Hadley opened for discussion the Application submitted by Mitch Humphrey (Applicant) for Terry Broadfoot and Marlin Heiden (Owner) for final plat approval and Subdivision Agreement for “AUSTIN ESTATES”, a subdivision in Buffalo County, Nebraska for a tract of land described as being part of the Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., AND part of Lot 1, Shannon Estates, a subdivision in Buffalo County, Nebraska, (to be vacated) containing 12.20 acres, more or less (southwest of 6560 2nd Avenue) and to consider approval of Resolution No. 2005-74.

 

Mitch Humphrey from Buffalo Surveying stated that everything is in order to finalize the creation of several lots, the dedication of a small area for public street, and the subdivision agreement has been signed and presented to the City Clerk.

 

Moved by Hadley seconded by Kearney to approve the Application submitted by Mitch Humphrey (Applicant) for Terry Broadfoot and Marlin Heiden (Owner) for final plat approval and Subdivision Agreement for “AUSTIN ESTATES”, a subdivision in Buffalo County, Nebraska for a tract of land described as being part of the Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., AND part of Lot 1, Shannon Estates, a subdivision in Buffalo County, Nebraska, (to be vacated) containing 12.20 acres, more or less  (southwest of 6560 2nd Avenue) and approve Resolution No. 2005-74. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-74

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “AUSTIN ESTATES” a subdivision being part of the Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., containing 12.20 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 Subdivision Agreement, marked as Exhibit “A” attached hereto and made a part hereof by reference, be and is hereby approved and that the President of the Council be and is hereby authorized and directed to execute said agreement on behalf of the City of Kearney, Nebraska. Said Subdivision Agreement shall be filed with the final plat with the Buffalo County Register of Deeds.

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 10TH DAY OF MAY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

ORDINANCE NO. 7174 – VACATE PORTION OF MEADOWLARK GARDENS ADDITION

 

Craig Bennett from Miller & Associates stated that this vacation of Lot 2, Meadowlark Gardens Addition, must be done in order to take the six acres and make it two lots for Meadowlark Gardens Second Addition (3 acres each).

 

Council Member Kearney introduced Ordinance No. 7174, being Subsection 4 of Agenda Item VI to vacate Lot 2, Meadowlark Gardens Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of Highway 30 and east of Nebraska Department of Roads Maintenance Yard), 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. 7174 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. 7174 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. 7174 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 – MEADOWLARK GARDENS SECOND ADDITION

 

Mayor Hadley opened for discussion the Application submitted by Ron Ridgway from Miller & Associates (Applicant) for 21st Century Investment (Owner) for final plat approval for “MEADOWLARK GARDENS SECOND ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska (north of Highway 30 and east of Nebraska Department of Roads Maintenance Yard and to consider approval of Resolution No. 2005-75.

 

Moved by Lear seconded by Buschkoetter to approve the Application submitted by Ron Ridgway from Miller & Associates (Applicant) for 21st Century Investment (Owner) for final plat approval for “MEADOWLARK GARDENS SECOND ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska (north of Highway 30 and east of Nebraska Department of Roads Maintenance Yard) and approve Resolution No. 2005-75. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-75

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “MEADOWLARK GARDENS SECOND ADDITION”, 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 10TH DAY OF MAY, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

SAN PEDRO MANAGER APPLICATION – ISAIAS MANRIQUEZ

 

Mayor Hadley opened for discussion the Application for Corporate Manager for Isaias Manriquez submitted by SAN PEDRO, INC., dba “San Pedro Restaurant” in connection with their Class “I” Liquor License located at 3907 Central Avenue.

 

There was no one present to address this matter with the Council

 

Moved by Buschkoetter seconded by Hadley to table until May 24, 2005 the Application for Corporate Manager for Isaias Manriquez submitted by SAN PEDRO, INC., dba “San Pedro Restaurant” in connection with their Class “I” Liquor License located at 3907 Central Avenue. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

SUNMART MANAGER APPLICATION

 

Mayor Hadley opened for discussion the Application for Corporate Manager for Nancy Harrington submitted by U SAVE FOODS, INC., dba “Sunmart #765” in connection with their Class “D” Liquor License located at 3920 2nd Avenue.

 

Nancy Harrington presented this matter to the Council. She is the store manager of the Kearney Sunmart Foods and has been with them for 30 years so is very aware of the rules and regulations.  They put their employees through a very stringent alcohol and tobacco training program on checking ID’s.  They have a policy that if they fail to follow the policy they are subject to termination.  They have had a good record in the past with no violations with the State.  There have been several sting operations run through their store and have always passed with flying colors.  Council member Buschkoetter asked if there would be any changes in the building.  Ms. Harrington responded that everything would be the same with a separate entrance to the liquor store. 

 

Moved by Hadley seconded by Kearney to approve the Application for Corporate Manager for Nancy Harrington submitted by U SAVE FOODS, INC., dba “Sunmart #765” in connection with their Class “D” Liquor License located at 3920 2nd Avenue. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

OPEN ACCOUNT CLAIMS -- NEBRASKA PUBLIC POWER DISTRICT - $48,659.07; FREMONT NATIONAL BANK - $36,050.41

 

Moved by Kearney seconded by Buschkoetter that Open Account Claims in the amount of $48,659.07 payable to Nebraska Public Power District, and $36,050.41 payable to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Lear and Clouse abstained. Motion carried.

 

VII.    REPORTS

 

2005-2006 BUDGET

 

City Manager Michael Morgan stated budgets are due Friday, May 13th, which will be his first budget process.  This process is started fairly early in the year and is somewhat of a challenge to forecast certain revenue expenditures.  It will be a good time to evaluate with the Council reporting and how we proceed with the budget process.

 

MANAGEMENT ASSISTANT

 

City Manager announced the hiring of a new staff person, Amber Brown.  Ms. Brown will start June 20th and has some solid experience, educated at UNK and has four years of grant experience.  She did an internship with the City a few years ago and wanted to come back to work for the City. 

 

SALES TAX ISSUE

 

Council member Clouse stated that he believed that their roles as a City Council and City government are to continue to look at the future of our community.  There has been a lot of discussion over the past few months as to the needs of the community by different groups.  He is aware that City staff is putting out their survey on the website for particular needs.  He requested in addition that a group be formed in order to do a formal review of the potential sales tax issue in order to start moving forward.  He believed that it is time to step forward in that process and take a leading roll.  He also volunteered to participate in that process.  He asked to have a recommendation from the Council to put a group together to study this and provide some guidance for the City staff and Mr. Morgan so the City can get some good strategy in place and start this process so that they can make a determination of where the City of Kearney is going. 

 

Mayor Hadley agreed to move forward with this because he believed that it is time to get input from the citizens and find out where they want the City to go.  Council member Buschkoetter commented that the more diversified the group the better, such as community neighborhood associations, school officials, etc.  City Manager stated that based on the Council’s direction and approval to proceed, he anticipated preparing some type of documentation material and background suggesting the process.  This would include who would be involved, what type of input to solicit and how that input should take place.

 

VIII.    ADJOURN

 

Moved by Kearney seconded by Clouse that Council adjourn at 7:43 p.m. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK