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Kearney, Nebraska

December 10, 2002

7:30 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:30 p.m. on December 10, 2002, in the Council Chambers at City Hall.  Present were:  Peter Kotsiopulos, President of the Council; Michaelle Trembly, City Clerk; Council Members Bruce Blankenship, Randy Buschkoetter, Don Kearney, Jose Zapata, newly elected Councilman Galen Hadley.  Absent: None.  G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present.  Some of the citizens present in the audience included: Gene McElhinny, Marilyn Hadley, Jack Horner, Jane Musil, Bob Larson, Bill Nelson, Jerry Idt, Ruth Sajevic, Marvin Koehler, Kim Buschkoetter, Grant Buschkoetter, Danielle Buschkoetter, Mike Miller, Maggie Konz, Mike Martinosky, Ken Tracy, Cheryl Walker, Ben Homan, Patty Homan, Jane Kotsiopulos, Samme Karel, Trent Bosard, Mitch Humphrey, Mike Konz from Kearney Hub, Billy Boyer from KGFW Radio, Mike Cahill from KKPR Radio, NTV Channel 13, KHAS Channel 5, and 3 UNK students.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Reverend Russ Sommerfeld of Holy Cross Lutheran Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Matt Wroblewski and Alex Kolbo led the Council and audience in the Pledge of Allegiance.

 

APPROVAL OF REGULAR MINUTES AND AIRPORT MINUTES OF NOVEMBER 26, 2002

 

Moved by Kearney seconded by Buschkoetter to approve the Minutes of Regular Council Meeting of November 26, 2002 and the Minutes of the Kearney Municipal Airport Corporation Meeting of November 26, 2002.  Roll call resulted as follows:  Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship.  Nay: None.  Motion carried.

 

CERTIFICATE OF VOTE – BUFFALO COUNTY ELECTION COMMISSIONER

 

City Clerk read the following Certificate of Vote from the Buffalo County Election Commissioner:

 

This letter is to certify the November 5, 2002 General Election results to the City of Kearney for members of the City Council:

 

Randy Buschkoetter                   3,819

Galen Hadley                             2,682

Stanley Clouse                          2,269

Jerry W. Schroeder                    2,148

 

                                    Glenda M. DeBrie

                                    Buffalo County Election Commissioner

 

Moved by Buschkoetter seconded by Blankenship to accept the Certificate of Vote from the Buffalo County Election Commissioner.  Roll call resulted as follows:  Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship.  Nay: None.  Motion carried.

 

REPORT ON BONDS

 

City Clerk reported the Nebraska Public Official Bond in the amount of $10,000.00 for Councilmen Randy Buschkoetter and Galen Hadley were received and in order.

 

Out-going Mayor Peter Kotsiopulos stepped down.  Newly-elected Councilman Galen Hadley came forward.

 

ADMINISTER THE OATH OF OFFICE

 

City Clerk administered the Oath of Office to Councilmen Randy Buschkoetter and Galen Hadley.

 

Former Mayor Kotsiopulos addressed the Council.  He took the opportunity to thank the Council and the administrative team for many things.  He was certain that his many memories will last the next few day, the next few months and probably the next few years.  They have been a great group of people to work beside and service with the past 12 years.  It is so important in guiding a municipality to treat citizens of this great community as customers who benefit from the services, and not just numbers from the various data bases.  He encouraged everyone to “stay the course”.  Nobody knows what the big challenges will be in the next few years, but he is certain that they are in great hands.  He encouraged them to look forward to the benefits to the next generation, and not what a few rattle about because of short-term selfishness.  It is the Council’s responsibility to listen, but stay focused on the bigger picture.  He would be forever thankful for their public service together, not politics, for the greater good.  He looks forward to working with all of them in a different manner.  He expressed his best for the holidays and a fulfilling 2003.  

 

NOMINATION OF PRESIDENT/MAYOR

 

Nominations were received for the office of President of the Council and Ex-Officio Mayor who will also serve as President of the Kearney Municipal Airport Corporation and the Kearney Area Solid Waste Agency.  Councilman Buschkoetter nominated Bruce Blankenship for this position and Councilman Zapata seconded the nomination.  There were no other nominations.  Moved by Kearney seconded by Zapata that nominations cease.  Roll call on the nomination of Bruce Blankenship for the office of President of the Council and Ex-Officio Mayor who will also serve as President of the Kearney Municipal Airport Corporation and the Kearney Area Solid Waste Agency resulted as follows:  Aye: Buschkoetter, Hadley, Kearney, Zapata, Blankenship.  Nay: None.  Motion carried.  Bruce Blankenship was nominated and declared President of the Council and Ex-Officio Mayor who will also serve as President of the Kearney Municipal Airport Corporation and the Kearney Area Solid Waste Agency.

 

Councilman Zapata stated that he seconded the nomination of Bruce Blankenship and wished to make a few comments.  He wanted to clear the air about the much publicized race for Mayor.    He has been encouraged by many calls and letters and pats on the back to consider the position.  Several people asked him to characterize the race for the mayor and asked if it was a friendly race or a bitter race.   He stated that he has known Bruce since he was in high school and they were friends.  Over the last six years, they have sat shoulder to shoulder and taken on all kinds of issues.   He believes they are better friends now and is confident that they will be even better friends in the future.  He wanted to show his support for Bruce as Mayor and to get on to some very important issues that the City is facing.

 

He also stated that he believed that the night belonged to Galen Hadley, who worked very hard to win his seat on the Council.  The night belongs to Randy Buschkoetter, who was top vote receiver four years ago and has greatly contributed to the Council for his first term.  Randy was also the top vote receiver this year.  The night belonged to Bruce, who has given of himself and shared his time and talents with them in the last six years.  They will embrace his vision and courage as they face the challenges over the next two years.  He stated that most importantly, he believed the night belonged to unity.  They are five independent thinkers who are the eyes and ears of the community.  Sometime they are on different sides of the fence on some issues and then come back together for the greater good of the community on the next issue.  They will help Kearney continue to grow in a positive direction providing the “good life” today and bright future for tomorrow. 

 

NOMINATION OF VICE-PRESIDENT OF THE COUNCIL

 

Nominations were received for the office of Vice-President of the Council.  Councilman Kearney nominated Jose Zapata for this position and Councilman Buschkoetter seconded the nomination.  There were no other nominations.  Moved by Hadley seconded by Buschkoetter that nominations cease.  Roll call on the nomination of Jose Zapata for the office of Vice-President of the Council resulted as follows:  Aye: Blankenship, Hadley, Kearney, Zapata, Buschkoetter.  Nay: None.  Motion carried.  Jose Zapata was nominated and declared Vice-President of the Council.

 

NOMINATION OF SECRETARY OF KEARNEY MUNICIPAL AIRPORT CORPORATION

 

Nominations were received for the office of Secretary of the Kearney Municipal Airport Corporation.  Mayor Blankenship nominated Don Kearney for this position and Councilman Zapata seconded the nomination.  There were no other nominations.  Moved by Zapata seconded by Buschkoetter that nominations cease.  Roll call on the nomination of Don Kearney for the office of Secretary of the Kearney Municipal Airport Corporation resulted as follows:  Aye: Blankenship, Kearney, Zapata, Buschkoetter, Hadley.  Nay: None.  Motion carried.  Don Kearney was nominated and declared Secretary of the Kearney Municipal Airport Corporation.

 

REAPPOINTMENT OF MICHAELLE TREMBLY AS CITY CLERK

 

Moved by Buschkoetter seconded by Hadley to reappoint Michaelle Trembly as City Clerk.  Roll call resulted as follows:  Aye: Blankenship, Zapata, Buschkoetter, Hadley, Kearney.  Nay: None.  Motion carried.

 

ORAL COMMUNICATIONS – PRESENTATION BY SENIOR VOLUNTEERS

 

The Police Records Volunteers and Chaplains addressed the Council.   Mike Shada stated that this is their eighth year of volunteering and most of the people present have been there the entire time. He acknowledged Ruth Sajevic, Bob Larsen, Jerry Idt, Bill Nelson.  Also, he acknowledged, Director of Staff, Jane Musil, and Chief Dan Lynch.

 

This is the eighth year that Mike has presented a check, which represents the number of hours that the volunteers have served during the year. There are about twenty-two volunteers and each volunteer is asked to serve two hours per week.  Ruth Sajevic serves double that amount each week and many others work more than they are expected to do.  He stated that they have a very pleasing duty and they are excited to do the work assignments from the staff each week.  He presented a check on behalf of all the volunteers for $15,640.00, which represents 1,955 volunteer hours. This is probably the largest check that they have submitted to the Council to date. 

   

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING - NORTHWEST QUADRANT OF AVENUE N AND 56TH STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by Tim Norwood (Applicant) for Betty S. King, Trustee (Owner) to rezone from “District AG, Agricultural District” to “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” AND to “District C-1, Limited Commercial District” property described as being a part of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 9.15 acres, more or less, Buffalo County, Nebraska (northwest quadrant of Avenue N and 56th Street).  (Planning Commission recommended approval.

 

This hearing the development plan approval hearing were discussed together but voted on separately.

 

The applicant is requesting approval for the first phase of a mixed use development located at the northwest corner of the intersection of 56th Street and Avenue N.  Several condominium buildings are proposed in the first phase along with a future convenience store site at the intersection.  The condominiums will wrap around the convenience store and provide a transitional buffer for future single-family dwellings to the north and west.  The applicant is requesting rezoning and Development Plan approval.  The Planning Commission approved the Preliminary Plat on November 15, 2002.  The Final Plat has not been submitted.

 

The request is to rezone the tract from Agricultural to C-1, “Limited Commercial District” for future construction of a convenience store, and to R-2/PD, “Urban Residential Mixed Density/Planned Development Overlay District” for the construction of eight duplex buildings.  The overall site consists of 9.14 acres of which 1.78 acres is slated for rezoning to C-1 while the remainder will be zoned R-2/PD.

 

The applicant is requesting approval of Development Plans for eight duplex buildings that will be developed under condominium law.  The duplex buildings will be located along a curved private street that connects to 56th Street and Avenue N.  Staff had some concerns about potential “cut through” traffic between the two arterial streets in the future if a traffic signal is located at the intersection.  The applicant has worked with the Kearney Volunteer Fire Department and City Planning Staff to provide adequate emergency vehicle access to the site while discouraging “cut through” traffic between the two arterial streets.  The private street will maintain access to Avenue N for all vehicular traffic but the access to 56th Street will be closed except for emergency vehicles.  Removable bollards will be placed at this intersection.

 

Elevations of all four sides of the proposed buildings are shown.  Stormwater Management is required for this subdivision.  Detention cell design and drainage computations shall be submitted to the City Engineer for review and approval as part of the Public Works Plan that will be required in conjunction with the Final Plat.  No Building Permits will be issued until the Public Works Plan is approved.

 

There was considerable discussion regarding the Landscape Plan at the Planning Commission hearing.  In their motion the Commissioners requested a Revised Landscape Plan prior to City Council.  The plan was to reallocate some spruce trees from their original proposed location to a more suitable location and to double the number of deciduous trees within the condo development.  Foundation plantings of shrubs and groundcover around the buildings were also recommended.  A Revised Landscape Plan has been submitted to address these issues.

 

Gene McElhinny presented this matter to the Council.  His intention is to remove the King house, the farm buildings and the feedlots.  Councilman Kearney asked if he agreed to the “subject to” provisions.  He responded that the only one that he does not have is the landscaping in the front.  What they have done in the past is leave a 2x10 foot mulched area and the individual owners will landscape it themselves.  They leave it to the landowners to do what they want around their unit.  The buffer zone will be increased, once he gets the plans done for the convenience store.  Councilman Buschkoetter asked if the landscaping is part of the purchase agreement to assure that it does get done.  Mr. McElhinny responded that it is not part of the purchase agreement, but if it does not get done, they will do it.  So far everyone has done it themselves. 

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Zapata to close the hearing and approve the Application submitted by Tim Norwood (Applicant) for Betty S. King, Trustee (Owner) to rezone from “District AG, Agricultural District” to “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” AND to “District C-1, Limited Commercial District” property described as being a part of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 9.15 acres, more or less, Buffalo County, Nebraska (northwest quadrant of Avenue N and 56th Street).  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney, Zapata.  Nay: None.  Motion carried.

 

DEVELOPMENT PLANS - NORTHWEST QUADRANT OF AVENUE N AND 56TH STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by Tim Norwood (Applicant) for Betty S. King, Trustee (Owner) for Development Plan Approval for the construction of a 8 duplex dwellings on property to be zoned “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” and described as being a part of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, to be known as Lot 2, Camron 1st Addition to the City of Kearney, Buffalo County, Nebraska (464.50 feet west and 464.50 feet north of the northwest corner of Avenue N and 56th Street) and to consider Resolution No. 2002-276.  Planning Commission recommended subject to compliance of the following conditions:  (1) the landscape plan shall be reviewed and redeveloped prior to the Council meeting and that the plan reflect a buffer zone of spruce trees around the northern and western sides of the commercial lots on 40-foot centers; (2) that the landscape plan contain at least twice again the number of deciduous trees as shown for the residential area; and (3) landscaping of other type (lower growing shrubbery) around the front areas of the buildings themselves be provided.

 

There was no one present in opposition to this hearing.

 

Moved by Zapata seconded by Blankenship to close the hearing and approve the Application submitted by Tim Norwood (Applicant) for Betty S. King, Trustee (Owner) for Development Plan Approval for the construction of a 8 duplex dwellings on property to be zoned “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” and described as being a part of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, to be known as Lot 2, Camron 1st Addition to the City of Kearney, Buffalo County, Nebraska (464.50 feet west and 464.50 feet north of the northwest corner of Avenue N and 56th Street) and approve Resolution No. 2002-276 subject to compliance of the following conditions:  (1) the landscape plan shall be reviewed and redeveloped so that the plan depicts a buffer zone of spruce trees around the northern and western sides of the commercial lots on 40-foot centers; (2) that the landscape plan contain at least twice again the number of deciduous trees as shown for the residential area; and (3) foundation landscaping plantings of other types (lower growing shrubbery and ground cover) around the buildings themselves shall be shown on the plan.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Kearney, Zapata, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2002-276

 

WHEREAS, Tim Norwood (Applicant) for Betty S. King, Trustee (Owner) has applied for Planned District Development Plan Approval for the construction of a eight duplex dwellings on property to be zoned “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” and described as a tract of land beginning at the southeast corner of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., thence S89°39’53”W along the south line of said Southeast Quarter of said Section 24 a distance of 285.00 feet, thence N00°00’00”W a distance of 50.00 feet to the true point of beginning, thence S89°40’00”W a distance of 229.00 feet, thence N00°00’00”W a distance of 262.93 feet, thence N53°39’20”E a distance of 156.42 feet, thence N41°15’36”E a distance of 146.55 feet, thence N89°40’00”E a distance of 241.86 feet, thence S00°00’00”W a distance 229.00 feet, thence S89°40’00”W a distance of 147.00 feet, thence S44°50’00”W a distance of 125.52 feet, thence S00°00’00”E a distance of 147.00 feet to the true point of beginning, said tract containing 3.19 acres, more or less (139,314.07 sq. ft., more or less), to be known as Lot 2, Camron 1st Addition to the City of Kearney, Buffalo County, Nebraska (464.50 feet west and 464.50 feet north of the northwest corner of Avenue N and 56th Street).

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Tim Norwood (Applicant) for Betty S. King, Trustee (Owner) for Planned District Development Plan Approval for the construction of a eight duplex dwellings on property to be zoned “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” and described above be approved subject to the following terms and conditions:

 

1.                   the landscape plan shall be reviewed and redeveloped so that the plan depicts a buffer zone of spruce trees around the northern and western sides of the commercial lots on 40-foot centers;

2.                   that the landscape plan contain at least twice again the number of deciduous trees as shown for the residential area; and

3.                   foundation landscaping plantings of other types (lower growing shrubbery and ground cover) around the buildings themselves shall be shown on the plan.

PASSED AND APPROVED THE 10TH DAY OF DECEMBER, 2002.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

DEVELOPMENT PLANS – HOGAN SPORT STORE; 10 WEST 56TH STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by Trent Bosard on behalf of BD Construction (Applicant) for Todd Van Skiver (Owner) for Development Plan Approval for the construction of an office/shopping center on property zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1, Skiview Third Addition to the City of Kearney, Buffalo County, Nebraska (10 West 56th Street) and to consider Resolution No. 2002-277.  Planning Commission recommended approval subject to the applicant shall provide a landscape plan with five percent interior landscaping, recommending that the interior landscape islands be placed at the south end of both parking isles and that the plant sizes be listed for each plant variety.  Administration recommends compliance of the following conditions: separate individual water meters and sewer service are required for utility connections if the building will be under multiple ownership, the public sidewalk along 56th Street shall be eight feet in width to provide a section of the hike-bike trail with the developer paying for four feet and the City of Kearney paying for four feet, and stormwater from this site must enter the existing Wal-Mart cell ahead of the outfall structure.

 

The applicant is pursuing approval of Development Plans for a 13,000 square foot strip mall located north of Wal-Mart and west of the detention cell on 56th Street. The Legal Description for this parcel is Lot 1 of Skiview 3rd Addition and the street address is 10 West 56th Street.  A similar retail mall was proposed last year on the tract immediately west of this parcel.  The zoning on this parcel is C-2/PD.

 

This commercial site has visibility along 56th Street.  Access to the site is available from an existing drive that provides service to the rear of the Wal-Mart store.  This drive will become shared access with the development of the strip mall.  Adequate parking is provided for retail commercial uses.  The location of the trash enclosure has been moved based on input from the Utilities Department.  Sanitary sewer service for this lot must be taken from the existing manhole on Lot 2.  Individual meters are required for utility connections if the building will be under multiple ownership.  The public sidewalk along 56th Street shall be eight feet in width to provide a section of the hike-bike trail along the south side of 56th Street.  The City of Kearney will pay for four feet of the walk, the Developer will pay for the other four feet.  Stormwater detention is required and can be provided by the existing Wal-Mart cell.  The stormwater from this site must enter the cell ahead of the outfall structure.

 

Discussion was held on the Landscape Plan at the Planning Commission hearing.  Although the plant varieties are listed, no plant sizes are given.  The Unified Land Development Ordinance requires five percent of the interior area of the parking lot to be landscaped.  The south ends of both parking aisles provide adequate room to integrate the landscaping into the parking lot.  The motion from the Planning Commission recognized these landscaping issues as a condition of approval.  A Revised Landscape Plan has been submitted to address these issues.

 

Trent Bosard presented this matter to the Council.  He stated that they will be building a 13,000 sq. ft. facility, of which 5,000 sq. ft. will be occupied by Hogan’s Sports.  The remainder will be lease space for future development.  They have made the changes to the landscape plan.  Their intention was to have the storm water run into the detention cell and everything will be separate metered for each lease space.  A point was made that if each lease space has a separate meter for water then they have to have their own sewer service to the City sewer. 

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Kearney to close the hearing and approve the Application submitted by Trent Bosard on behalf of BD Construction (Applicant) for Todd Van Skiver (Owner) for Development Plan Approval for the construction of an office/shopping center on property zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1, Skiview Third Addition to the City of Kearney, Buffalo County, Nebraska (10 West 56th Street) and approve Resolution No. 2002-277 subject to compliance of the following conditions:  (1) applicant shall provide a landscape plan with five percent interior landscaping; (2) the interior landscape islands shall be placed at the south end of both parking isles; (3) the plant sizes shall be listed for each plant variety; (4) separate individual water meters and sewer service are required for utility connections if the building will be under multiple ownership; (5) the public sidewalk along 56th Street shall be eight feet in width to provide a section of the hike-bike trail with the developer paying for four feet and the City of Kearney paying for four feet; and (6) stormwater from this site must enter the existing Wal-Mart cell ahead of the outfall structure.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Zapata, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2002-277

 

WHEREAS, Trent Bosard on behalf of BD Construction (Applicant) for Todd Van Skiver (Owner) for Development Plan Approval for the construction of an office/shopping center on property zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1, Skiview Third Addition to the City of Kearney, Buffalo County, Nebraska (10 West 56th Street).

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Trent Bosard on behalf of BD Construction (Applicant) for Todd Van Skiver (Owner) for Development Plan Approval for the construction of an office/shopping center on property zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1, Skiview Third Addition to the City of Kearney, Buffalo County, Nebraska (10 West 56th Street) be approved subject to the following terms and conditions:

1.                   applicant shall provide a landscape plan with five percent interior landscaping;

2.                   the interior landscape islands shall be placed at the south end of both parking isles; 

3.                   the plant sizes shall be listed for each plant variety;

4.                   separate individual water meters and sewer service are required for utility connections if the building will be under multiple ownership;

5.                   the public sidewalk along 56th Street shall be eight feet in width to provide a section of the hike-bike trail with the developer paying for four feet and the City of Kearney paying for four feet; and

6.                   stormwater from this site must enter the existing Wal-Mart cell ahead of the outfall structure.

PASSED AND APPROVED THE 10TH DAY OF DECEMBER, 2002.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

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

 

1.         Ace Hardware $219.94 Various; Adams Mark Hotels $667.06 Tr; Advisors Marketing Group $194.30 Su; AFLAC $1,433.18 Ded; Agent Fee $40.00 Tr; Alltel $2,478.92 Various; Amazon $16.47 Bks; Amer Assoc. of Airport Exec $850.00 Tr; Andersen Wrecking $20.00 Inv; Anderson Outdoor Power $961.62 Various; Ashbrook $877.81 Rep; Baker & Taylor $937.11 Bks; Bamford $2,829.68 Rep; BBC $83.00 Bks; Big Flag $21.00 Inv; Blackstone Audiobooks $25.00 Bks; Blevins, D $159.00 Ref; Bob's Super Store $82.36 Various; Books on Tape $1,118.40 Bks; Bound to Stay Bound Books $648.22 Bks; Buerer Computer Consulting $127.50 Serv; Buffalo Co Reg of Deeds $91.00 Serv; Buffalo Co Dist Court $129.00 Ded; Buggy Bath Car Wash $6.50 Rep; Builders How-to-Warehouse $1,033.64 Various; Burke, M $2,450.00 Serv; Cabela's $1,452.85 Various; Canada Life Assurance $2,228.59 Ded; Capstone Press $191.40 Bks; Casey's $23.00 Tr; Cavendish, M $320.95 Bks; CDW Government $2,560.95 Su; CED Enterprise Electric $748.00 Su; CED/Amer Electric $128.98 Various; Central Hydraulic Systems $182.84 Inv; CFM 1722 $8.04 Tr; CHAD $10.00 Ded; Charter Comm $21.41 Serv; City of Ky $1,540,356.46 Various; Cleaning Solutions $1,725.00 Serv; Cold Spring Granite $81.90 Su; College Savings Plan of NE $210.00 Ded; Computer Hardware $425.00 Various; Computer Pro's $59.55 Su; Conoco $9.41 Tr; Conseco Life Insurance $38.00 Ded; Construction Rental $115.74 Various; Control Masters $348.00 Rep; Copy Cat Printing $1,060.28 Su; Cordova, T $74.89 Reim; Cornhusker Int'l Trucks $34.34 Inv; Corp Diversified Services $109,793.27 Various; Country Inn & Suites $83.25 Tr; Cowpoke $156.88 Cla; Crossroads Ford $489.83 Inv; Crucial Technology $327.56 Serv; Culligan $152.75 Various; Cummins Great Plains $9,875.63 Various; Dannehl's Feed $60.95 Su; Dell $11,301.06 Various; Depository Trust $629,615.00 Princ & Int; DIT Computers $199.94 Su; Double M Farms $2,000.00 Serv; Dubs $136.24 Various; Duffelbags.Com $523.04 Su; Dutton-Lainson $19,426.00 Serv; Eakes Office Plus $2,027.10 Various; Earl May Garden Center $19.98 Inv; Ecolab $26.00 Su; EDM Equipment $227.80 Su; Educational Clear $34.75 Bks; Educational Svc. Unit 10 $45.00 Tr; Eileen's Colossal Cookie $13.50 Su; Eirich, T $40.00 Reim; Elliott Equipment $770.79 Inv; Expression Wear $648.00 Various; Fairbanks Int'l $7,644.09 Various; FASB GASB $27.75 Bks; Fastenal $373.35 Inv; Fedex $36.08 Various; Fiddelke Htg $7.80 Rep; Fireguard $843.67 Su; Ford Motor Credit $6,087.38 Equip; Forestry Suppliers $288.48 Su; Fox Bros. Hay $2,325.00 Serv; Fremont Nat'l Bank $34,132.48 Ded; Frontierair $512.00 Tr; FYR-TEK $562.50 Su; Gale Group $26.14 Bks; Galeton Gloves $180.80 Inv; Galls $390.80 Various; Gas N Shop $27.69 Tr; General Binding $911.40 Serv; Graham Tire $360.04 Inv; Grainger $668.28 Various; Great Lakes Airlines $411.00 Tr; Greenleaf Enterprises $19.95 Bks; H&G Cleaners $1,813.57 Various; Hampton Inn Philadelphia $500.89 Tr; Hardin, L $227.01 Reim; Heartland Co-op $2,024.00 Inv; Heinemann Library $93.19 Bks; Highsmith $36.97 Su; Hilton Garden Inn $324.57 Tr; Holiday Inns $1,038.76 Tr; Holmes Plumbing $735.32 Various; Hometown Leasing $206.00 Equip; Hutcheson Engineering $176.33 Rep; Hyatt Hotels Crown Center $659.60 Tr; Hydrologic $3,688.06 Various; ICMA $646.00 Dues, Bks; ICMA RC $2,440.93 Ded; IRS $76,698.63 Ded; Int'l Assoc Elec Inspectors $103.25 Bks; Invensys Metering Systems $750.00 Serv; ISCO $175.50 Rep; Island Supply $132.50 Serv; JC Penney $89.97 Cla; JR's Western $4,183.77 Cla; K&K Parts $515.00 Inv; Ky Area Children's Museum $2,524.00 Comm Betterment; Ky Area Solid Waste Agency $75,069.68 Tipping Fees; Ky Area United Way $534.74 Ded; Ky Concrete $698.50 Rep; Ky Family YMCA $1,410.74 Ded; Ky Glass $66.00 Rep; Ky Implement $11,249.04 Various; Ky Tire & Auto $24.53 Rep; Ky Warehouse $1,175.13 Various; Ky Winlectric $20.00 Su; Ky Yamaha $322.25 Various; Kelly Supply $1,753.17 Various; Killion Motors $64.11 Inv; Kirkham Michael $4,500.00 Rep; Kmart $430.45 Various; Kotsiopulos, P $97.82 Tr; Kussmaul Electronics $399.03 Su; Kustom Signals $168.00 Su; KYOCERA $24.61 Su; L&W Tires & Treads $1,396.23 Various; Labsafe $183.23 Su; Lakeshore $63.14 Su; Lampe's Air Filter Sales $408.00 Inv; Laser Art Design $95.00 Su; Lasertec of NE $740.00 Su; Lawson Products $476.28 Various; Lee Wayne $503.69 Su; Linweld $453.33 Various; Lynn Peavey $85.88 Cap Impr; Mail Express $101.74 Various; Marriott $900.46 Tr; Martinosky, M $50.00 Reim; McLaughlin, S $200.00 Prem; MES Snyder $401.35 Tr; Met-Pro $632.14 Su; Michael Todd $74.62 Inv; Mid American Specialites $298.62 Tr; Midway Oil $16.41 Su; Midwest Turf $378.14 Rep; Miller & Assoc $7,731.60 Serv; Minitex $1,595.00 Serv; Misko Sports $1,243.20 Various; MOMAR/AQUATROL $593.41 Rep; Mossbarger, B $200.00 Prem; Mr. Automotive $1,785.39 Various; Multi-Com Computers $148.87 Su; MZI Zones $242.38 Su; NAPA All Makes Auto Supply $967.25 Various; Nat'l Assoc of Fire Investigators $40.00 Dues; Nat'l Electrical Seminar $110.00 Tr; Nat'l Paper Supply $164.15 Su; Nat'l Electrical Contractor $25.00 Dues; Nat'l Fire Protection $801.38 Various; NE Child Support $1,027.09 Ded; NE Trust $18,117.50 Princ & Int; NE Dept. of Revenue $21,407.29 Ded; NE Machinery $35,501.73 Rep; NE Society of CPA's $180.00 Tr; NE Truck Center $173.83 Inv; NE Trust $18,117.50 Princ & Int; NEland Conf. Of Bldg. Officials $60.00 Dues; New Horizons CLC of Omaha $2,000.00 Tr; New World Systems $29,200.00 Software; Newman Traffic Signs $47.86 Su; Nickman, C $8.00 Ref; Nogg Chemical $500.84 Inv; Northern Safety $62.90 Rep; Northern Tool $27.50 Su; Northern Video Systems $387.05 Equip; Northstar Publishing $5.00 Bks; Northwestern Energy $53,856.86 Serv; NPPD $82.66 Serv; Office Depot $444.73 Su; Office Max $874.77 Various; Officenet $843.30 Su; Old Navy $72.00 Cla; Ollis Book $778.76 Bks; OMB Police Supply $179.00 Cap Impr; O'Reilly $104.17 Inv; Oriental Trading $20.76 Su; Orscheln Farm $1,306.29 Various; Our Designs $139.95 Su; Parts System $494.81 Equip; Patterson, B $97.50 Pstg; Paul Otto Curb Grinding $90.00 Cap Impr; Petro of York $20.00 Tr; PGA of America $64.50 Dues; Pioneer Manufacturing $175.00 Inv; Platte Valley Comm $70.65 Various; Preferred Mail $149.76 Pstg; Presto-X $173.50 Rep; Priority Mgt. System $29.25 Su; Promo Unlimited $239.47 Su; Quill $205.42 Su; Quilters Trunk $5.95 Su; Radio Shack $165.34 Rep; Raymond Geddes $378.02 Su; RDJ Specialties $285.00 Su; Ready Mixed Concrete $693.75 Su; Reams Sprinkler Supply $61.47 Rep; Recognition Unlimited $15.00 Su; Recorded Books $65.45 Bks; Redman's Shoes $1,099.10 Cla; Riverside Animal Hospital $1,175.50 Serv; Roper's Radiator $45.00 Inv; Roth, K $15.91 Cla; Routledge Publishing $54.18 Bks; Safety Vision $107.75 Inv; Sage, P $15.97 Cla; Sahling Kenworth $708.83 Various; Salem Press $388.50 Bks; Savages Guide $33.90 Bks; Schmeeckle, C $45.00 Ref; School Dist. #7 $9,920.85 Remit; School-Age Notes $111.94 Bks; See Clear Cleaning $1,800.00 Serv; S-F Analytical Lab $180.00 Serv; Sherwin Williams $100.96 Various; Shiers, D $4,416.00 Serv; Shirt Shack $1,268.00 Su; Sport Supply Group $156.06 Su; Sporting Edge $169.91 Su; Sprint $200.20 Serv; Star Homes $318.00 Ref; State of NE Div Of Comm $26.43 Serv; Steinbrinks Landscaping $164.98 Rep; Story, G $135.00 Tr; Superior Signals $175.90 Inv; Taylor Made Golf $932.14 Inv; Tee's Plus $225.25 Su; Tollefsen Elliott Lumber $830.18 Various; Tool Doctor $36.00 Rep; Toyne $43.35 Rep; Tractor-Supply $1,244.88 Various; U Save Goods $57.06 Su; U Stop 12 $22.10 Tr; UAP Pueblo $308.95 Su; Unico of Ky $2,538.00 Prem; Union Oil $17,080.56 Inv; United Way $450.00 Donation; US West Store $46.16 Su; USPS $6.40 Pstg; Village Cleaners $298.72 Various; Walgreens $21.07 Rep; Walmart Supercenter $2,062.87 Various; Warner Chemical Mfg $35.85 Su; Water Environment Fed $385.00 Dues; We Care Tree Care $1,022.00 Serv; Wilke Donovans True Value $81.86 Various; Xerox $254.00 Equip; Zimmerman Printers $237.50 Su.  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.

 

2.         Approve recommendation from Administration on the purchase of three trucks for Utilities/Sanitation Division as follows: Roll Off Box Truck from Nebraska Truck Center in the amount of $106,345.00; a Rear Load Truck from MWC Enterprises in the amount of $67,000.00; and a Side Load Refuse Truck from Wicks Sterling Trucks, Inc in the amount of $134,420.00.

 

3.         Approve Application and Certificate for Payment No. 1 in the amount of $435,058.31 submitted by Midlands Contracting for the 2002 Water System Improvements consisting of Water Connection District No. 2002-1 in Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence east to Airport Road, thence north to 39th Street; Water Connection District No. 2002-2 in Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a distance of 1,890 feet; Water Connection District No. 2002-3 in 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition, north a distance of 1,371 feet; Avenue F from 27th Street to 28th Street; 28th Street from Avenue E to Avenue F and approve Resolution No. 2002-278.

 

RESOLUTION NO. 2002-278

 

WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2002 Water System Improvements consisting of Water Connection District No. 2002-1 in Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence east to Airport Road, thence north to 39th Street; Water Connection District No. 2002-2 in Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a distance of 1,890 feet; Water Connection District No. 2002-3 in 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition, north a distance of 1,371 feet; Avenue F from 27th Street to 28th Street; 28th Street from Avenue E to Avenue F, and the City’s engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $435,058.31 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,129,012.50

Change Order No. 1 (10-22-2002)

+     62,330.00

Contract Sum to Date

 

Total Completed and Stored to Date

Retainage

Total Earned Less Retainage

Less Previous Payments

 

Current Payment Due

$1,191,342.50

 

$483,398.12

48,339.81

435,058.31

                .00

 

$435,058.31

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 1, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 10TH DAY OF DECEMBER, 2002.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

4.         Approve Application and Certificate for Payment No. 12 in the amount of $211,999.89 submitted by United Contractors Inc. for the Avenue M Viaduct consisting of Paving Improvement District No. 2000-840 for the Avenue M/N Overpass from the north line of South Railroad Street and Avenue M intersection, north to the intersection of 27th Street and Avenue N and approve Resolution No. 2002-279.

 

RESOLUTION NO. 2002-279

 

WHEREAS, United Contractors, Inc. has performed services in connection with the AVENUE M/N OVERPASS consisting of Paving Improvement District No. 2000-840 for the Avenue M/N Overpass from the north line of South Railroad Street and Avenue M intersection, north to the intersection of 27th Street and Avenue N, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 12 in the amount of $211,999.89 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$5,210,841.30

Change Order No. 1 (1-8-2002)

+     13,018.00

Change Order No. 2 (1-8-2002)

-     10,453.07

Change Order No. 3 (1-8-2002)

+       7,302.99

Change Order No. 4 (10-22-2002)

+     29,631.23

Changer Order No. 5 (10-22-2002)

+     12,627.40

Contract Sum to Date

$ 5,262,967.89

 

 

Total Completed and Stored to Date

5,165,261.67

Less 10% Retainage

258,263.08

Amount Due to Date

4,906,998.59

Less Previous Certificates for Payment

  4,694,998.70

Current Payment Due

$   211,999.89

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 12, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 10TH DAY OF DECEMBER, 2002.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

5.         Approve Application and Certificate for Payment No. 3 in the amount of $184,351.25 submitted by Blessing, LLC 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. 2002-280.

 

RESOLUTION NO. 2002-280

 

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 Application and Certificate for Payment No. 3 in the amount of $184,351.25 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$394,096.50

 

 

Contract Sum To Date

394,096.50

Gross Amount Due

367,518.10

Retainage

18,375.91

Amount Due to Date

349,142.19

Less Previous Certificates for Payment

164,790.94

 

 

Current Payment Due

$184,351.25

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 3, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 10TH DAY OF DECEMBER, 2002.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

6.         Approve the Amendments to the Money Accumulation Plan for the Employees of the City of Kearney and Kearney Municipal Airport Corporation, the City of Kearney Police Officers’ Pension Plan, and the City of Kearney Firefighters’ Pension Plan and approve Resolution No. 2002-281.

 

RESOLUTION NO. 2002-281

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that 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 adopt the amendments required for tax-qualified government retirement plans under the Economic Growth and Tax Relief Reconciliation Act of 2001, and to adopt Internal Revenue Service model amendments relating to the minimum distribution requirements of Internal Revenue Code Section 401(a)(9).

            BE IT FURTHER RESOLVED, that 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 adopt the amendments required for tax-qualified government retirement plans under the Economic Growth and Tax Relief Reconciliation Act of 2001, and to adopt Internal Revenue Service model amendments relating to the minimum distribution requirements of Internal Revenue Code Section 401 (a)(9).

            BE IT FURTHER RESOLVED, that 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 adopt the amendments required for tax-qualified government retirement plans under the Economic Growth and Tax Relief Reconciliation Act of 2001, and to adopt Internal Revenue Service model amendments relating to the minimum distribution requirements of Internal Revenue Code Section 401(a)(9).

            BE IT FURTHER RESOLVED, that 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 sections apply to government plans.

            PASSED AND APPROVED THIS 10TH DAY OF DECEMBER, 2002.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 6927 – REZONING; NORTHWEST QUADRANT OF AVENUE N AND 56TH STREET

 

Councilman Buschkoetter introduced Ordinance No. 6927, being Subsection 1 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” AND to “District C-1, Limited Commercial District” property described as being a part of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 9.15 acres, more or less, Buffalo County, Nebraska (northwest quadrant of Avenue N and 56th Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Councilman Hadley 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: Blankenship, Hadley, Kearney, Zapata, 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. 6927 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Hadley, Kearney, Zapata, Buschkoetter.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Zapata that Ordinance No. 6927 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Zapata, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6927 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.

 

KEARNEY COUNTRY CLUB MANAGER APPLICATION – SAMME KAREL

 

Moved by Zapata seconded by Blankenship to remove from the table the Application for Corporate Manager of Samme S. Karel submitted by KEARNEY COUNTRY CLUB, dba “Kearney Country Club” in connection with their Class C-09051 Liquor License located at 2800 19th Avenue.  Roll call resulted as follows:  Aye: Blankenship, Zapata, Buschkoetter, Hadley, Kearney.  Nay: None.  Motion carried.

 

Samme Karel presented this matter to the Council.  He has been in the food and beverage business for about 14 years mostly in the private club industry.  He has been in the practice of serving alcohol and mixing drinks in various capacities and has had experiences with customers and over consumption.  He has been involved with the T.I.P.S. Program, which is an education program available through local law enforcement that trains food and beverage staff in how to detect when someone has had too much to drink and identifying false ID’s, etc.

 

Moved by Blankenship seconded by Kearney to approve the Application for Corporate Manager of Samme S. Karel submitted by KEARNEY COUNTRY CLUB, dba “Kearney Country Club” in connection with their Class C-09051 Liquor License located at 2800 19th Avenue.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney, Zapata.  Nay: None.  Motion carried.

 

ORDINANCE NO. 6925 – AMEND FIREWORKS CHAPTER

 

Moved by Kearney seconded by Buschkoetter to remove from the table Ordinance No. 6925 amending the fireworks chapter of the Kearney City Code.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Kearney, Zapata, Buschkoetter.  Nay: None.  Motion carried.

 

Assistant City Manager John Prescott presented this matter to the Council.  Following the presentation of this item at the last Council meeting, City Administration placed an on-line poll on the City website which allowed participants to offer their suggestion on the number of days they would like to see the City allow the discharge and sale of fireworks.  The City also placed a slide on Channel 7 informing the public that they could go to the web site and indicate their preference.  As of 5:00 p.m. on Thursday 126 votes had been recorded and were cast as follows:

                                    0 days  7 votes

                                    2 days  5 votes

                                    4 days  66 votes

                                    6 days  11 votes

                                    8 days  37 votes

 

The City also received one letter from a citizen requesting that the City reduce the number of days the fireworks are sold and discharged.  A copy of the letter was presented to the Council.

 

Fire Chief Mike Martinosky addressed the Council.  He stated that last June, shooting fireworks was a very big decision because of the concern with the drought and the district that they cover.  KVFP covers 252 square miles in Buffalo County.  The fire department is made up of volunteers who are very proud to do the job.  However, he would like to help cut down the number of days making calls, and then there would be more time to spend with family.  They will respect the Council members’ decision on whatever action is taken.

 

Mayor Blankenship expressed the Council’s appreciation for the job the Volunteer Fire Department does for the community.   He asked the Fire Chief if he was aware of any of the other cities across Nebraska that are looking to limit the number of days for fireworks at this point?  Fire Chief responded that he was not aware of any.

 

Councilman Hadley asked for the number of fireworks related calls in proportion to total calls for the year.  Fire Chief responded there were three firework related calls in 2000, three calls in 2001.  In 2002, there were 16 calls due to the dry conditions and there have been 214 year to date, which is less than ten percent of the total calls. 

 

Mike Miller addressed the Council.  He represents Marv’s Discount Fireworks and himself as the manager.  He shares his concerns about fire calls each year relating to fireworks and conducts a poll and communicates with fire department members during the season.  His impression from his own informal discussions last year was that the number of calls was not unusual given the nature of the drought conditions.  The other issue was many times cigarettes are causes of grass fires as opposed to fireworks and sometimes that distinction is not made. 

 

He suggested that rather than changing the amendments this year, to consider changing the way the public is educated about fireworks.  His experience is the fireworks season is a favorite holiday and important to many.  A lot of people’s buying habits depend on traveling.  The buying habits of the public are fairly well established over the years.  For example, if a customer buys fireworks on the first day, it might not be because he is going to shoot them right away, but perhaps because they will be traveling.  He believes that the vendors have been remiss in educating the public about what the regulations are.  It would be very easy for them to post the hours that fireworks can be discharged in the City of Kearney.  It would allow the people in the vending of fireworks to be more educated and able to discuss these with their customers. 

 

What he was asking the Council is not to change the amendments, but change the way they address the community and ask them this year what they want.  Tell them that they are looking at the way people conduct themselves: (1) here are the regulations, and (2) respect your neighbors.  He believes if they spend the next year communicating and look at it next year, there will be some improvement in the attitude of the community as a whole in terms of the conduct of the season.  The other issue is the effect of limiting the number days that they can offer the product.  They think this will have an impact on the amount of city sales tax that is generated in the community during the season.

 

Marvin Koehler addressed the Council.  He has been doing business in Kearney since 1990 and the fee increase is agreeable with him.  They appreciate the fire department and all they do.  He emphasized that a non-profit organization may not have a staff for the eight days.  If they do not, then they do not have to be open for the entire time.  However, his is a business and he hires people to work in that business.  He believes that it would be difficult to hire the number of people that they would need and for them to be able to run the number people through that they serve in a shorter amount of time.  He stated that Lincoln allows tents, which can move more people through, but he does not personally agree with that.   He requested to leave it at eight days.  He believes that people will go to the small communities to buy because they will have less time to do so here.  They will be taking their sales tax dollars to other towns.  They would be willing to put the hours and regulations in their brochures, which are inserted into the Kearney Hub as well as other newspapers.  They would post signs at the locations and would put flyers in their assortments.                                                    

 

Maggie Konz, 10 years old, addressed the Council.  She read from a statement that she had prepared stating that she and her neighbors think about safety when using fireworks.  She suggested that kids could learn about fireworks courtesy and safety from school, from fireworks vendors, from the firemen and police.  She believes prevention is the best policy.  If safety is practiced and people are courteous, it doesn’t matter how many days they have to shoot fireworks.   She requested as many days to shoot fireworks as possible and to try prevention plans before narrowing down the number of days.

 

Mayor Blankenship said he has talked with Kearney Catholic, which is a non-profit stand and some of the others about the inability to get volunteers.  They did not seem to be concerned about the number days, but the business side is a different issue.  He also visited with a couple of volunteer firemen he has known for a long time and he respects their opinion about going from eight days to four or eight days to six.   If we do go to six days, and find it becoming more dangerous then another decision could be made from there.  He also talked with Ken Tracy, and one of the most important things that helped him make a decision is the relationship they have with the fire department.  They are all volunteers, giving of their time, and he has a lot of respect for what they say.

 

Councilman Buschkoetter said he had some testimony similar to Ms. Konz, from his daughter Danielle.  He believed that cutting it to four days is too much; he suggested that six days would be the number he could support.   He believed it would reduce the amount of fires, police calls and response times.

 

Councilman Zapata agreed.  If they leave it at eight days, it would not be sending the right message.  By cutting it to six days and doing the awareness and education training, maybe the days could be extended if things get better.  He agreed with the six days being proposed.

 

Councilman Kearney stated that in the past he has been disturbed late at night by fireworks and could easily agree to the four days.  He does remember as a kid how much fun they were, but he believed more care was taken in those days.

 

Mayor Blankenship stated that no matter how many days are allowed, there will always be some people that will abuse the rules and regulations.  He stated that the number of days seems to be the only point of contention.  He stated the education of the public is the responsibility of the vendors and the City.

 

Councilman Hadley has a question on the shortening of the hours.  He wanted to know if 10:00 p.m. for night works (other then things that just “go bang”) was late enough.  Councilman Buschkoetter stated it has been his experience lighting fireworks at home in the evening that this should be acceptable.  Councilman Hadley stated the proposed six days has the advantage of always including a weekend.  If they go to four days, there would be two of the years with non-weekend days, which for some people could make a difference in being with families and friends.

 

Assistant City Manager also thanked Mr. Koehler and Mr. Miller for their education idea.  The City intends to do this via the city newsletter, the website and Channel 7 to get those hours out and encourage people to use fireworks responsibly and safely.  

 

Councilman Buschkoetter introduced Ordinance No. 6925, being Subsection 3 of Agenda Item VI to amend Article 6, “Fireworks” of Chapter 4 “Fire Regulations” of the Code of the City of Kearney to amend Section 4-601 “Fireworks; Definitions” to amend the definition of permissible fireworks; to amend Section 4-603, “Permit to Sell Permissible Fireworks” to increase the permit fee to $50.00; to amend Section 4-604, “Dates of Lawful Sale” to change the dates for sale to June 29 through July 4; to amend Section 4-605, “Temporary Fireworks Stands” to require temporary stands remain on the real estate for the period beginning June 25 through and including July 7 of each year and to require the payment of an additional $100.00 deposit refundable if the temporary stand is removed by July 7; to amend Section 4-609, “Discharging Fireworks; When Permissible” to allow the discharging of fireworks on June 29 through July 2 from 8:00 a.m. until 10:00 p.m. and on July 3 and July 4 from 8:00 a.m. until 12:00 a.m. midnight; and to add a new section entitled Section 4-615, “Weather Hazard” to allow the City to ban or limit the sale and/or discharge of fireworks in the event of dry weather or other weather hazards, 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.  Councilman Hadley 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: Blankenship, Kearney, Zapata, Buschkoetter, Hadley.  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. 6925 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Zapata, Buschkoetter, Hadley.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Zapata that Ordinance No. 6925 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Zapata, Buschkoetter, Hadley, Kearney.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6925 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. 6928 – VACATE BUILDING SETBACK IN NORTH ACRE FIFTH

 

The applicant is pursuing approval of a building setback vacation for Lot 2, Block 2, North Acre 5th Addition.  The property is located at the southeast corner of the intersection of 60th Street and 4th Avenue and is zoned C-2/PD, Community Commercial, Planned Development District.

 

The setback line in question is associated with the common lot line that divides Lot 2 from Lot 3.  The developer would like to develop a single building that will be located across the setback line and on one lot and part of the other lot.  Therefore, the setback line must be vacated.  There is no need to establish a new setback line.  The setback will default to the zoning ordinance requirement.  A Minor Subdivision has been approved for the lot in question. 

 

The Planning Commission recommended approval of the setback vacation as requested.

 

Mitch Humphrey was present to answer any questions.

 

Councilman Zapata introduced Ordinance No. 6928, being Subsection 4 of Agenda Item VI to vacate the 15-foot platted setback line located east of the west line of Lot 2 of Block 2, North Acre Fifth Addition, an 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.  Councilman Blankenship 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: Blankenship, Buschkoetter, Hadley, Kearney, Zapata.  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. 6928 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney, Zapata.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 6928 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney, Zapata.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6928 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.

 

BICO’S CAFÉ MANAGER APPLICATION – GARY ROUBICEK

 

Mayor Blankenship stated the applicant notified the City that he would not be able to attend the meeting and requested the Application for Corporate Manager of Gary Roubicek submitted by BICO’S INCORPORATED, dba “Bico’s Café” in connection with their Class I54330 Liquor License located at 3016 West Highway 30 be tabled until December 23, 2002.

 

Moved by Kearney seconded by Buschkoetter to table until December 23, 2002 the Application for Corporate Manager of Gary Roubicek submitted by BICO’S INCORPORATED, dba “Bico’s Café” in connection with their Class I54330 Liquor License located at 3016 West Highway 30.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Zapata, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

OPEN ACCOUNT CLAIMS --      NONE

 

There were no Open Account Claims.

 

VII.    REPORTS

 

VIII.    ADJOURN

 

Moved by Kearney seconded by Buschkoetter that Council adjourn at 8:54 p.m.  Roll call resulted as follows:  Aye: Blankenship, Zapata, Buschkoetter, Hadley, Kearney.  Nay: None.  Motion carried.

 

ATTEST                                                            BRUCE BLANKENSHIP

                                                                        PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK