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Kearney, Nebraska

September 27, 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 September 27, 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, Stan Clouse, and Bruce Lear. Absent: Don Kearney.  Michael W. Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Management Assistant; 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: Scott Johnson, Kathy Johnson, Jayne Meyer, Kirk Stocker, 2 students from UNK, Mike Konz from Kearney Hub, and Steve Altmaier from KGFW Radio.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Mayor Hadley and Council members held a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Dalton Gleason and Zach Seton led the Council members and audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS – BOARD OPENINGS

 

Mayor Hadley announced that the City still has openings on the following Boards: 2 on Advisory Board of Cable Commissioners; 1 on Board of Adjustment; 1 Journeyman Plumber on the Examining Board of Plumbers; and 1 on the Golf Advisory Board. Any person interested needs to complete an Expression of Interest form which can by obtained by contacting the City Clerk or on the City website at www.cityofkearney.org.  The City’s website also has a brief description of each Board so a person has an idea what the expectations are for each Board.

 

ORAL COMMUNICATIONS – SALES TAX ISSUE

 

Mayor Hadley stated that with the sales tax issue being presented at a special election, the staff has prepared a sheet on Questions and Answers that will be distributed throughout the community.  This Questions and Answers sheet will be sent out with the utility bills.  The following are the questions and answers:

 

WHAT IS BEING PROPOSED?

The citizens of Kearney are being asked to consider authorizing an additional 1/2¢ sales tax for capital improvements/equipment on November 15, 2005.  If approved, the new tax would go into effect April 1, 2006.

 

WHY IS IT NEEDED?

During the past few months a comprehensive effort to gather citizen input regarding capital improvement needs was completed.  This effort included listening sessions, town hall meetings, surveys, and suggestion cards.  Based on this input, the City Council decided that a sales tax election should be held as without new revenues, the City won’t be able to continue its past high levels of services and capital improvements and will continue to fall behind in maintaining our infrastructure.

 

HOW MUCH MONEY WILL THE 1/2¢ SALES TAX RAISE?

We estimate it will bring in approximately $2.7 million per year.

 

HOW LONG WILL THE TAX BE IN PLACE?

The City Council has proposed that the sales tax not expire.

 

WHAT ARE THOSE PURPOSES?

The sales tax proceeds would be designated for capital improvements/equipment such as:

 

·         Street and Traffic Improvements (such as streets, bridges, traffic signals, signage, sidewalks, curbs, etc.)

·         Public Facilities (such as library, activity center, senior center, fire stations, indoor or outdoor recreation projects, ADA improvements, etc.)

·         For some projects financed by the issuance of bonds a vote of Kearney citizens would be required (according to state law).

·         Major Equipment (such as public safety equipment, street and park equipment, etc.)

 

WOULD THE FUNDS BE PLACED IN A SEPARATE FUND?

Yes, a sales tax fund would be created with all the proceeds going into that fund.  A listing of all projects funded by the sales tax would be maintained.  Sales tax funds cannot be used for operating expenses.

 

WHO DECIDES HOW THE SALES TAXES WILL BE SPENT?

The City Council would hold a separate public hearing during the annual budget process to review and prioritize potential capital improvements/equipment.

 

WHY A SALES TAX?

Sales taxes are generally perceived as more fair because the sales tax is paid by both those who live in Kearney and those who live outside but use local streets, facilities, and services.  It is estimated that 30% to 35% of Kearney sales taxes are paid by non-residents, reducing the burden on our citizens.

 

WOULD CAPITAL IMPROVEMENT SALES TAX FUNDS BE USED TO CONSTRUCT THE CHERRY AVENUE BYPASS?

No.

 

HOW DOES OUR SALES TAX COMPARE?

There are 16 cities in Nebraska over 10,000 population.  Kearney is the only one with a 1¢ sales tax.  All the others have a 1½ ¢ sales tax.

 

HOW DOES OUR PROPERTY TAX COMPARE?

Kearney has the lowest consolidated property tax of cities in Nebraska with over 10,000 population.  The City’s portion of the consolidated property tax is 7.4%.

 

City Manager Michael Morgan stated that the process will start by sending out a question/answer fact sheet that will provide citizens with some good information with the utility bills in the next few weeks.  There will be a link on the City of Kearney’s website which will connect to this document which is represented by a large question mark on the City’s home page.  Future town hall meetings will be scheduled similar to what was done prior to coming to the decision of placing this issue on the ballot.  Those meetings will be scheduled in the coming weeks.

 

Council member Clouse stated if there are groups that would be interested in having someone from the Council come and speak to them, they are available.  They would like to get back to as many of those groups that held the listening sessions as possible, and any other groups that would be curious about the sales tax proposal. 

 

Mayor Hadley reiterated that the Council is 100 percent behind this proposal and are basically spearheading it at this time. They would appreciate any input.  The Council’s hope is that the citizens logically look at this issue and then make their decision on how they are going to vote. He cautioned citizens not to make this an emotional issue, but vote as logically as they can. 

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

LIQUOR LICENSE – THIRSTY’S #2, 115 TALMADE STREET

 

Mayor Hadley opened the public hearing on the application for a Class “D” (Beer, Wine and Distilled Spirits – Off Sale Only) Liquor License submitted by TALMADGE CONVENIENCE PLAZA LLC, dba “Thirsty’s #2” located at 112 Talmadge Street, and the application for Corporate Manager of Scott Johnson, and to consider approval of Resolution No. 2005-156.

 

According to Section 53-132(2) of the Nebraska Revised Statutes states:  A retail license or bottle club license shall be issued to any qualified applicant if it is found by the Liquor Commission that:

1.       the applicant is fit, willing, and able to properly provide the service proposed within the city, village, or county where the premises described in the application are located;

2.       the applicant can conform to all provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act;

3.       the applicant has demonstrated that the type of management and control exercised over the licensed premises will be sufficient to insure that the licensed business can conform to all provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act, and

4.       the issuance of the license is or will be required by the present or future public convenience and necessity.

 

This is an application for a new licensed establishment and new management.  The business is newly constructed and this would be an additional license for the community.  A background was investigation was conducted on the business itself as well as the staff. The Johnson’s are opening a new convenience store at 112 Talmadge Street and are requesting a license to sell liquor off sale from the business.  The Johnson’s have a current license at the Thirsty’s located at Highway 30 and 30th Avenue.  They demonstrated a strong knowledge of the rules and requirements for alcohol sales and demonstrated a willingness to work with the department to avoid rules violations and sales to minors.  The new license is for a business currently under construction and due to be completed in November of this year. A check on the current license at the existing Thirsty’s shows no violations recorded with the Nebraska Liquor Commission in the last 12 months.

 

The City Council is concerned with the selling of alcohol to minors in our community, and wants to encourage all license holders to provide the necessary training to all employees that sell or dispense alcohol. Therefore, City staff has developed a form entitled “Liquor License Training Compliance” requiring applicants to document and verify training compliance of their employees. Scott Johnson has returned the form showing their employees have or will complete training conducted by him.  The form does not indicate what training program he has received, whether it is from the Kearney Police Department or the Nebraska State Patrol. He has noted that he does have individuals 19 and older that sell alcohol over the counter which makes it more imperative that these individuals have the proper training of selling alcohol to minors.

 

On September 23, 2005 the City received two letters of protest from Keith Becker and Craig Becker with regard to this liquor license. On September 26, 2005 the City received a letter of protest from Bill and Kim Becker. These letters will be made a part of the record and will be forwarded to the Nebraska Liquor Control Commission along with a copy of the resolution.

 

Scott Johnson, proposed corporate manager, presented this matter to the Council. This second location for Thirsty’s is scheduled to be open in two months.  They are building a convenience store that he believed the City of Kearney will be proud of located at the south interchange of I-80 and 2nd Avenue.  This location will have a gas facility and a Quizno’s sub-shop along with the convenience store.  They currently have a liquor license for their location on the west side of town.  They have successfully maintained that license for a little over seven years. They are requesting the opportunity to sell beer and wine at their new location because they believe it is important for their business.

 

Council member Buschkoetter asked about their record regarding compliance on their liquor license over the past seven years.  Mr. Johnson responded they have not had any problems or citations during that time. 

 

Council member Clouse asked why Mr. Johnson believed the need to sell alcohol in their convenience store and what that does on a competitive basis with other like operations in the community.  Mr. Johnson replied that it is a service that most, but not all convenience stores provide.  They want to provide a variety in their convenience store such as food, soft drinks and wine and beer, which he believed is an important part of the service. 

 

Mayor Hadley asked about training of employees at the existing location and the one about to open.  Mr. Johnson stated that their cash registers are designed with scanners.  In their system, an alcohol sale prompts the cashier to check for an ID. The ID information must be entered before it will ring up the sale.  This still allows for a margin of error, so their employees are trained to ask for a picture ID and trained how to identify a license of someone under the age of 21 (they are turned 90 degrees).  In addition, the employees are instructed to check anyone that is under the age of 35-40 years old, regardless, even if people get upset.  Their policy is if a customer does not have ID, they cannot sell to them.  They also tell their employees if their business gets a citation and a fine, that employee will also get a fine.  They do their best to train their employees. 

 

Council member Lear asked Mr. Johnson if he ever witnessed one of his employees selling to a minor and if that were to happen how would he handle it?  Mr. Johnson responded that he has not witnessed an employees selling to a minor and if he did, they would be reprimand and he would let that particular employee go.  They have no tolerance for it.  Council member Lear asked how he would attempt to support law enforcement if they found a minor attempting to purchase alcohol or were suspected of trying to procure for a minor?  Mr. Johnson replied that they have cameras in the store.  He has been cooperative with the police before when they have requested to see their surveillance to check who has been in their store.  They would assist law enforcement in anyway they can. 

 

Council members stated that they appreciated Thirsty’s record of compliance over the last seven years and wished him well in their new endeavor.  Mayor Hadley stated that he wanted the minutes to reflect that the City received letters of protest from Keith Becker, Craig Becker and Bill and Kim Becker. 

 

Council member Clouse stated that he wanted to discuss the seven points that the Mayor had mentioned earlier.  He said that the Council is already seeing some of these things from the applicants for liquor licenses.  Applicants are providing the documentation forms. The Police Department is working more in depth with the applicants, as they have with Mr. Johnson at this time.  The letters of protest are excellent and the Council does hear what is being said.  The Council is also taking some steps as a group to get it resolved and will continue to do their part as the City. 

 

Council member Lear agreed with Council member Clouse and they have gotten some additional things in place.  He thanked Mayor Hadley for the personal work that he put into this issue. He noted that it does not matter if this is the fiftieth or the hundredth application; they need to treat everyone consistently and hold everyone to a consistently high standard.  

 

Council member Buschkoetter also agreed.  He said they could not possibly sit up on the Council and say we are not going to give a liquor license to somebody or let them compete in a very competitive industry just because they did not start soon enough.  They cannot expect someone to build a business in this community and not allow them to compete on every level. 

 

Mayor Hadley stated that there has been some publicity lately. The Kearney Chamber of Commerce, United Way and Buffalo County Community partners completed an application on behalf of Buffalo County.  The honor received by Buffalo County was “100 Best Communities for Young People”, named in Newsweek and on the Today show as a winner. Mayor Hadley further stated they can spend all of their time talking about the problems in our community, but the community must be doing some things right.  There is no question about it that we can always do things better.  One of the things that we are getting this award for is helping young people mature and grow up in a healthy community.  We want to continue to do our job better, but we also need to be aware of the fact that we are doing a good job now and want to improve in the future.  He offered his congratulations to the Chamber of Commerce, the United Way and Buffalo Community Partners.  He especially wanted to acknowledge Buffalo County because we are among 100 counties enhancing life for young people.  He wanted to make certain everyone knows that they are taking things seriously and they are doing some appropriate things.

 

Council member Clouse stated after attending some of the seminars with Mayor Hadley in the past several months, he believes that prohibition is not necessarily the answer.  Some of the things that he believes need to be done are: 1) reducing alcohol through addressing social access such as friends, parents, coworkers and siblings, 2) compliance checks which we have turned up a notch and continue to have them, 3) responsible beverage service training which is being offered through the Police Department.  The Council is making sure that all new applicants’ employees have been trained.  He believed that the City is taking the right steps to address some of these issues, but it is not just a City problem.  The community must deal with it at home, with schools and churches.  He stated that the Council will do their part, but he believes that people have the right as established by law to compete.  People should be granted a license if they meet the criteria of the law, but if they violate that right by selling to minors that is where the Council steps in and takes the appropriate action.  When people like the Johnsons have demonstrated they will do the right thing and manage their business appropriately than we must recommend approval of their application.

 

Mayor Hadley stated he attended the League of Municipalities meeting and got a chance to do the welcome.  Since he had the podium for a few minutes, he challenged the League to take “underage drinking” on as a project.  This not only affects Kearney but every city in Nebraska.  He challenged them to show the leadership statewide to look at this problem.  At that meeting, they had a panel on “meth” and discussed the users and the suppliers.  He believed that with alcohol you cannot just look at the supplier, which is the alcohol industry.  They must educate the kids to understand that under age drinking is just not appropriate for them.

 

Moved by Clouse seconded by Lear to close the hearing and approve the application for a Class “D” (Beer, Wine and Distilled Spirits – Off Sale Only) Liquor License submitted by TALMADGE CONVENIENCE PLAZA LLC, dba “Thirsty’s #2” located at 112 Talmadge Street, and the application for Corporate Manager of Scott Johnson, and approve Resolution No. 2005-156. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Buschkoetter. Nay: None. Kearney absent. Motion carried.

 

RESOLUTION NO. 2005-156

 

            WHEREAS, TALMADGE CONVENIENCE PLAZA LLC, dba “Thirsty’s #2” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘D’ (Beer, Wine, Distilled Spirits – Off Sale Only) Liquor License to do business at 112 Talmadge Street, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, TALMADGE CONVENIENCE PLAZA LLC, dba “Thirsty’s #2” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Scott Johnson; and

            WHEREAS, a hearing was held relating to said application on September 27, 2005; and

            WHEREAS, the City received letters of protest which will be forwarded to the Nebraska Liquor Control Commission along with a copy of this resolution.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘D’ (Beer, Wine, Distilled Spirits – Off Sale Only) Liquor License to TALMADGE CONVENIENCE PLAZA LLC, dba “Thirsty’s #2” located at 112 Talmadge Street, Kearney, Nebraska, and to approve the application for Corporate Manager of Scott Johnson.

            BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the Council action favoring the issuance of said license in the Minute Record of the proceedings of the Council.

            PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

OFFSTREET PARKING DISTRICT NO. 1 – LEVY AND ASSESS TAXES AND ASSESSMENTS

 

Mayor Hadley opened the public hearing with regard to Offstreet Parking District No. 1 that any money available from taxes or assessments levied pursuant to Section 19-3315 of the Nebraska Revised Statutes or revenue derived from the operation of an offstreet parking facility may be used in the district for any one or more of the following purposes: (1) Improvement of any public place or facility, including landscaping, physical improvements for decoration or security purposes, and plantings; (2) Construction or installation of pedestrian shopping malls or plazas, sidewalks or moving sidewalks, parks, meeting and display facilities, bus stop shelters, lighting, benches or other seating furniture, sculptures, trash receptacles, shelters, foundations, skywalks, and pedestrian and vehicular overpasses and underpasses, and any useful or necessary public improvements; (3) Leasing, acquiring, constructing, reconstructing, extending, maintaining, or repairing parking lots or parking garages, both above and below the ground, or other facilities for the parking of vehicles, including the power to install such facilities in public areas, whether such areas are owned in fee or by easement; (4) Creation and implementation of a plan for improving the general architectural design of public areas; (5) Development of any public activities and promotion of public events, including the management, promotion, and advocacy of retail trade activities or other promotional activities; (6) Maintenance, repair, and reconstruction of any publicly owned improvements or facilities; (7) The creation by ordinance and operation of a revolving loan fund for the purpose of providing financing upon appropriate terms and conditions for capital improvements to privately owned facilities, subject to the following conditions: (a) No loan from such fund shall exceed an amount equivalent to forty-nine percent of the total cost of the improvements to be financed by the loan; (b) The city shall require and receive appropriate security to guarantee the repayment of the loan; and (c) The proposed improvements to be financed shall serve to foster the purposes of the act, promote economic activity, or contribute to the public health, safety, and welfare; (8)  Any other project or undertaking for the betterment of the public facilities, whether the project is capital or noncapital in nature; (9) Enforcement of parking regulations and the provision of security; and (10) Employing or contracting for personnel, including administrators, for any improvement program under the act, and providing for any service as may be necessary or proper to carry out the purposes of the act and to consider approval Resolution No. 2005-157.

 

On December 23, 1969 the City Council passed and approved a resolution that a plan be developed for the improvement of public parking and public facilities in the downtown business area and that it was necessary to provide a method for the establishment of downtown improvement and parking districts.

 

Ordinance No. 2154, passed and approved on June 24, 1970 (a) established a downtown improvement parking district, (b) defined boundaries of the downtown improvement and parking district, (c) an overall plan for improvements of the downtown district, (d) a proposed budget for the planning and construction of such improvements, (e) the initial rate of the general license and occupation tax and the basis upon which license and occupation tax would be imposed, and (f) investigation of additional sources of funds for said project.

 

Jayne Meyer, Chairman of the Downtown Improvement Board, presented this matter to the Council. She stated City staff and members of the Downtown Improvement Board have been working together to become more efficient in regards to administration of the functions of the Downtown Improvement Board.  The group would like to eliminate the general license and occupation tax currently in effect and fund Offstreet Parking District No. 1 only with property taxes.  Additionally, the group would like to combine the responsibilities of the Kearney Downtown Centre Association and the Downtown Improvement Board.  The attached ordinance will eliminate the general license and occupation tax and allow the Downtown Improvement Board to spend property tax dollars on items that the Kearney Downtown Centre Association previously paid for such as marketing and promotion expenses.

 

In accordance with the Nebraska Revised Statutes, the City Council must conduct a hearing with regard to Offstreet Parking District No. 1 for the purpose that any money available from taxes or assessments levied or revenue derived from the operation of an offstreet parking facility may be used in the district as outlined in the attached ordinance.

 

There were no written protests filed with the City Clerk. There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing with regard to Offstreet Parking District No. 1 that any money available from taxes or assessments levied pursuant to Section 19-3315 of the Nebraska Revised Statutes or revenue derived from the operation of an offstreet parking facility may be used in the district for any one or more of the following purposes: (1) Improvement of any public place or facility, including landscaping, physical improvements for decoration or security purposes, and plantings; (2) Construction or installation of pedestrian shopping malls or plazas, sidewalks or moving sidewalks, parks, meeting and display facilities, bus stop shelters, lighting, benches or other seating furniture, sculptures, trash receptacles, shelters, foundations, skywalks, and pedestrian and vehicular overpasses and underpasses, and any useful or necessary public improvements; (3) Leasing, acquiring, constructing, reconstructing, extending, maintaining, or repairing parking lots or parking garages, both above and below the ground, or other facilities for the parking of vehicles, including the power to install such facilities in public areas, whether such areas are owned in fee or by easement; (4) Creation and implementation of a plan for improving the general architectural design of public areas; (5) Development of any public activities and promotion of public events, including the management, promotion, and advocacy of retail trade activities or other promotional activities; (6) Maintenance, repair, and reconstruction of any publicly owned improvements or facilities; (7) The creation by ordinance and operation of a revolving loan fund for the purpose of providing financing upon appropriate terms and conditions for capital improvements to privately owned facilities, subject to the following conditions: (a) No loan from such fund shall exceed an amount equivalent to forty-nine percent of the total cost of the improvements to be financed by the loan; (b) The city shall require and receive appropriate security to guarantee the repayment of the loan; and (c) The proposed improvements to be financed shall serve to foster the purposes of the act, promote economic activity, or contribute to the public health, safety, and welfare; (8)  Any other project or undertaking for the betterment of the public facilities, whether the project is capital or noncapital in nature; (9) Enforcement of parking regulations and the provision of security; and (10) Employing or contracting for personnel, including administrators, for any improvement program under the act, and providing for any service as may be necessary or proper to carry out the purposes of the act and approve Resolution No. 2005-157. Roll call resulted as follows: Aye: Hadley, Clouse, Buschkoetter, Lear. Nay: None. Kearney absent. Motion carried.

 

RESOLUTION NO. 2005-157

 

            WHEREAS, in 1970 and in accordance with the Offstreet Parking District Act of the Nebraska Revised Statutes, the City of Kearney created Offstreet Parking District No. 1; and

            WHEREAS, the City Council proposes to exercise its authority to levy and assess taxes and assessments within the boundaries of Offstreet Parking District No. 1 as granted by Section 19-3315 of the Nebraska Revised Statutes; and

            WHEREAS, the City Council conducted a public hearing on September 27, 2005 for the purpose of hearing objections or protests to the approval of the proposes new uses of district revenue.

            NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the City Council shall have the authority to levy and assess taxes and assessments within the boundaries of Offstreet Parking District No. 1 as follows:

            (1) A property tax within the district of not to exceed thirty-five cents (35¢) on each one hundred dollars ($100.00) of taxable valuation of taxable property within such district subject to Section 77-3443 of the Nebraska Revised Statutes to pay all or any part of the cost to improve, repair, maintain, reconstruct, operate, or acquire any offstreet parking facility and to pay principal and interest on any bonds issued for an offstreet parking facility for such district. Such tax shall be levied and collected at the same time and under the same provisions as the regular general city tax. The taxes collected from Offstreet Parking District No. 1 shall be used only for the benefit of said District. For purposes of subsection (2) of Section 77-3443 of the Nebraska Revised Statutes, the tax shall be counted in the allocation by the City proportionately, by dividing the total taxable valuation of the taxable property within the district by the total taxable valuation of the taxable property within the City multiplied by the levy of the district;

            (2) A special assessment against the real property located within the boundaries of Offstreet Parking District No. 1 to the extent of the special benefit thereto for the purpose of paying all or any part of the total costs and expenses of acquisition, including construction, of an offstreet parking facility in such district. The special assessment shall be levied as provided in Section 19-3314 of the Nebraska Revised Statutes. In the event that subsequent to the levy of assessments the use of any parcel of land changes so that, had the new use existed at the time of making such levy, the assessment on such parcel would have been higher than the assessment actually made, an additional assessment may be made on such parcel by the Mayor and City Council taking into consideration the new and changed use of the property. The total amount of assessments levied under this subdivision shall not exceed the total costs and expenses of acquiring a facility defined in Section 19-3313 of the Nebraska Revised Statutes. The levy of an additional assessment shall not reduce or affect in any manner the assessments previously levied. Additional assessments shall be levied as provided in Section 19-3314 of the Nebraska Revised Statutes, except that published notice may be omitted if notice is personally served on the owner at least twenty (20) days prior to the date of hearing. All assessments levied under this subdivision shall constitute a sinking fund for the payment of principal and interest on bonds issued for such facility as provided by Section 19-3317 of the Nebraska Revised Statutes until such bonds and interest are fully paid; and

            (3) A special assessment against the real property located within Offstreet Parking District No. 1 to the extent of special benefit thereto for the purpose of paying all or any part of the costs of maintenance, repair, and reconstruction of such offstreet parking facility in the District. The Mayor and City Council may levy such assessments under either of the following methods: (a) The Mayor and City Council may, not more frequently than annually, determine the costs of maintenance, repair, and reconstruction of such facility and such costs shall be assessed to the real property located in such district as provided by Section 19-3314 of the Nebraska Revised Statutes. At the hearing on such assessments, objections may be made to the total costs and the proposed allocation of such costs among the parcels of real property in said District; or (b) after notice is given to the owners as provided in Section 19-3314, the Mayor and City Council may establish and may change from time to time the percentage of such costs of maintenance, repair, and reconstruction which each parcel of real property in the District shall pay. Thereafter, the Mayor and City Council shall annually determine the total amount of such costs for each period since costs were last assessed and shall after a hearing assess such costs to the real property in the District in accordance with the percentages previously established or as established at such hearing. Notice of such hearing shall be given as provided in Section 19-3314 and shall state the total cost and percentage to be assessed to each parcel of real property. Unless written objections are filed with the City Clerk at least five (5) days before the hearing, all objections to the amount of total costs and the assessment percentages shall be deemed to have been waived and assessments shall be levied as stated in such notice unless the Mayor and City Council reduce any assessment. At such hearing, the assessment percentage for the assessment of costs in the future may be changed.

            BE IT FURTHER RESOLVED that in addition to uses otherwise authorized in the Offstreet Parking District Act, any money available from taxes or assessments levied pursuant to Section 19-3315 of the Nebraska Revised Statutes or revenue derived from the operation of an offstreet parking facility may be used in the district for any one (1) or more of the following purposes:

         1.      Improvement of any public place or facility, including landscaping, physical improvements for decoration or security purposes, and plantings;

         2.      Construction or installation of pedestrian shopping malls or plazas, sidewalks or moving sidewalks, parks, meeting and display facilities, bus stop shelters, lighting, benches or other seating furniture, sculptures, trash receptacles, shelters, foundations, skywalks, and pedestrian and vehicular overpasses and underpasses, and any useful or necessary public improvements;

         3.      Leasing, acquiring, constructing, reconstructing, extending, maintaining, or repairing parking lots or parking garages, both above and below the ground, or other facilities for the parking of vehicles, including the power to install such facilities in public areas, whether such areas are owned in fee or by easement;

         4.      Creation and implementation of a plan for improving the general architectural design of public areas;

         5.      Development of any public activities and promotion of public events, including the management, promotion, and advocacy of retail trade activities or other promotional activities;

         6.      Maintenance, repair, and reconstruction of any publicly owned improvements or facilities;

         7.      The creation by ordinance and operation of a revolving loan fund for the purpose of providing financing upon appropriate terms and conditions for capital improvements to privately owned facilities, subject to the following conditions:

                  (a)  No loan from such fund shall exceed an amount equivalent to forty-nine percent of the total cost of the improvements to be financed by the loan;

                  (b)  The city shall require and receive appropriate security to guarantee the repayment of the loan; and

                  (c)  The proposed improvements to be financed shall serve to foster the purposes of the act, promote economic activity, or contribute to the public health, safety, and welfare.

         8.      Any other project or undertaking for the betterment of the public facilities, whether the project is capital or noncapital in nature;

         9.      Enforcement of parking regulations and the provision of security; and

         10.     Employing or contracting for personnel, including administrators, for any improvement program under the act, and providing for any service as may be necessary or proper to carry out the purposes of the act.

            PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Buschkoetter seconded by Hadley that Subsections 1 through 18 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Kearney absent. Motion carried.

 

1.         Approve Minutes of Regular Meeting held September 13, 2005.

 

2.         Approve the following Claims: 3M Company $989.80 smcs; Ace Hardware $194.52 smcs; Ace Irrigation $361.14 smcs; Advance Auto Parts $106.80 smcs; Advanced Floor Care $225.00 smcs; Aervoe $723.90 smcs; Alamar Uniforms $1,302.56 smcs,ps; Al-Jon $44.21 smcs; Alltel $646.21 smcs; Amazon $173.11 smcs,co; Amer Airworks $276.75 smcs; Amer Electric $543.33 smcs; Amer Fence $6,850.00 smcs; Andersen Wrecking $20.00 smcs; Anderson Industrial $59.34 smcs; Antelope Newspaper $120.76 smcs; Arrow Seed $351.50 smcs; Ask Supply $575.00 smcs; Atco Manufacturing $152.84 smcs; Auto Glass $72.26 smcs; Baird, Holm, McEachen $1,175.00 smcs; Baker & Taylor $4,858.55 smcs; Baye,S $66.02 smcs; BBC Audiobooks $177.79 smcs; BBW Environmental $190.00 smcs; Becker,G $26.00 smcs; Best Lock $260.25 smcs; Big Flag Farm $4,840.60 smcs; Bill's Trailer $105.00 smcs; Blackburn Mfg $180.41 smcs; Bluecross Blueshield $41,080.02 smcs; Bobs Super Store $36.00 smcs; Bogard,M $15.50 smcs; Bohlmann $47.85 smcs; Bosselman $35,070.81 smcs; Broadfoot's $2,117.00 smcs; Brungardt Engineering $1,300.00 co; Buffalo Co Extension $4,000.00 smcs; Buffalo Co Reg of Deeds $200.00 co; Buffalo Co Sheriff $41.50 smcs; Buffalo Co Treasurer $15,000.00 smcs; Buggies Unlimited $224.98 smcs; Buggy Bath Car Wash $8.00 smcs; Builders Warehouse $2,414.92 smcs,co; Byco $23.22 smcs; Cabela's $183.09 smcs; Cadex Electronix $135.00 smcs; Capital Media Group $837.90 smcs; Capstone Press $1,524.20 smcs; Cash Wa Distributing $444.17 smcs; Centaur $111.80 smcs; Central Fire $3,858.57 smcs; Central Hydraulic $416.27 smcs; Central NE Equipment $120.16 smcs; Central Platte NRD $7,759.00 co; Centurion Technologies $4.27 smcs; Chesterman $549.50 smcs; Child's World $1,027.10 smcs; City Auto Repair $100.00 smcs; City of Ky $79,527.42 smcs,ps; Class 1 Hale $174.19 smcs; College Savings Plan of NE $50.00 ps; Colorado RT $35.00 smcs; Complete Music $220.00 smcs; Computer Hardware $89.95 co; Conner,D $35.00 smcs; Construction Rental $1,565.37 smcs; Cook,J $235.00 smcs; Copycat Printing $2.24 smcs; Creating Keepsakes $19.45 smcs; Crossroads Ford $696.03 smcs; Culligan $72.52 smcs; Cummins Central Power $311.19 smcs; D&M Security $54.00 smcs; Dannehl's Feed $54.40 smcs; Davis Equipment $15.78 smcs; Dawson Co PPD $30,032.99 smcs; Days Inn $317.94 smcs; Dell $8,852.18 smcs,co; Demco $1,967.39 co; Dept of Aeronautics $1,016.22 ds; Dept of Environmental $7,500.00 smcs; Deterding's $676.39 smcs; Dethlefs,S $2,734.45 smcs; Development Council $3,450.00 smcs; Diamond Vogel $207.41 smcs; Divotech Golf $735.87 smcs; Dreyer,D $139.69 smcs; Dugan Business Forms $466.21 smcs; Dultmeier $314.87 smcs; Dutton-Lainson $121.55 smcs; Eakes $4,647.83 smcs,co; Earl May $24.99 smcs; Edmo Distributors $56.77 smcs; Electrotechnic $105.45 smcs; Elliott Equipment $253.51 smcs; Elliott,R $15.50 smcs; Enslow Publishers $435.85 smcs; Eustis Body Shop $65.00 smcs; Expression Wear $102.00 smcs; Fairbanks $69,189.04 smcs,co; Farmland Coop $37.73 smcs; Farmers Union $1,412.68 smcs; Fastenal $663.32 smcs; Fedex $128.52 smcs; Fiddelke Heating $4,124.96 smcs,co; Firehouse Subscriptions $60.50 smcs; Focus Parking $55.00 smcs; Footjoy $158.72 smcs; Freburg,N $184.62 ps; Frederick,M $25.00 smcs; Frontier $7,810.10 smcs; Frontierair $671.90 smcs; Galls $66.85 smcs; Gangwish Turf $48.30 smcs; Garrett Tires $5,323.34 smcs; Gary's I-80 $420.00 smcs; Gas N Shop $18.99 smcs; Gaylord Brothers $1,990.75 co; Glacken & Assoc $530.00 smcs; Glazier,R $21.89 smcs; Golf Associates $2,291.79 smcs; Goodwill $30.00 smcs; Gordon's Small Engine $46.08 smcs; Graham Tire $63.10 smcs; Grainger $1,401.31 smcs,co; Grand Central $47.80 smcs; Great American Outdoor $41.03 smcs; Great Plains Safety $1,080.00 smcs; H&H Distributing $701.10 smcs; Hach $334.30 smcs; Hampton Inns $134.40 smcs; Harrison,R $266.68 smcs; Hasbrouck,J $80.69 smcs; Heartland Marketing $546.18 smcs; Heavy Duty Specialists $18.29 smcs; Highsmith $390.61 smcs,co; Hobby-Lobby $19.02 smcs; Holiday Inn $447.36 smcs; Holmes Plumbing $1,637.26 smcs,co; Howdys2 $25.74 smcs; HP Parts  $81.13 smcs; Huffy's Airport Windsocks $157.85 smcs; I-80 Eppley Express $262.65 smcs; IBM Training $2,495.00 smcs; ICMA RC $2,401.46 ps; ILEETA $40.00 smcs; Inland Truck Parts $164.62 smcs; Intermtn Therapy Animals $64.00 smcs; IRS $84,698.63 ps; Int'l Assoc of Electrical $90.00 smcs; Int’l Assoc of Fire Chiefs $1,980.00 smcs; Int’l Code Council $100.00 smcs; Intuit $91.53 smcs; Itronix $562.78 co; Jack Lederman $22.80 smcs; Johnstone Supply $159.95 smcs; Junior Library Guild $2,341.80 smcs; K&K Parts $936.00 smcs,co; Ky Chamber of Comm $21,391.56 smcs; Ky Clinic $1,615.00 smcs,ps; Ky Concrete $20,929.47 smcs,co; Ky Crete $736.00 co; Ky Glass $53.95 smcs; Ky Hub $5,620.38 smcs,co; Ky Imaging Center $145.00 smcs; Ky Implement $2,480.68 smcs; Ky Shoe Hospital $20.00 smcs; Ky Towing $110.00 smcs; Ky Warehouse $1,733.13 smcs; Ky WLE $1,192.22 smcs; Ky Yamaha $112.75 smcs; Killion Motors $233.11 smcs; Kirkham Michael $7,280.17 co; Koeing,C $27.00 smcs; Koetters,J $14.81 smcs; Kooyman,R $462.39 smcs; Laser Art Design $437.00 smcs,ps; Laughlin,K $360.00 ps; LARM $76.00 smcs; League of NE Municipalities $2,176.00 smcs; LECC Fund $90.00 smcs; Lerner Publishing $705.92 smcs; Library Sparks $39.95 smcs; Lift Solutions $41.06 smcs; Lincoln Scheels $64.18 co; Linweld $144.94 smcs; Little Caesars Pizza $130.50 smcs; Lock & Safe $7.75 smcs; Lockmobile $8.25 smcs; Logan Contractors $104.75 smcs; Luke & Jakes $63.42 smcs; Luke,D $15.50 smcs; Magic Cleaning $3,550.00 smcs; Maines Electric $1,554.58 smcs; Mak,B $23.00 smcs; Marlatt Machine $976.80 smcs; Mattley Advertising $275.00 smcs; McMaster-Carr $763.17 smcs; Med/Profess. Seminars $155.00 smcs; Menards $2,163.24 smcs,co; MES $337.25 smcs; Michael Todd $897.50 smcs; Mid-Land Equipment $102.15 smcs; Mid-State Engineering $9,270.00 co; Mid-State Units $300.00 smcs; Midwest Service $2,310.00 smcs; Midwest Striping $250.00 smcs; Midwest Turf $628.58 smcs; Miller & Associates $19,939.21 smcs; Miller Signs $552.00 smcs; Mircrotel Inn $93.64 smcs; Moonlight Embroidery $701.00 ps; Moorehead Electric $300.00 smcs; Morris Press $25.00 smcs; Mosbarger,B $512.39 smcs; Mr. Automotive $2,819.46 smcs; Municipal Pipe $2,450.27 smcs; Municipal Supply $158.79 smcs; Napa $1,249.32 smcs; Nat’l Fire Sprinkler $198.00 smcs; Nat’l Paper Supply $151.70 smcs; Nat’l Recreation $495.00 smcs; NWWA $659.00 smcs; NCS Equipment $139.06 co; NE Child Support $1,123.32 ps; NE Dept of Revenue $57,666.09 smcs; NE Golf & Turf $2,546.89 co; NE Golf Association $832.00 smcs; NE Library Commission $2,500.00 smcs; NE Liquor Control $45.00 smcs; NE Machinery $1,777.79 smcs; NE Rural Water Assoc $185.00 smcs; NE State Historic $114.73 smcs; NE State Patrol $66.00 smcs; NE Statewide Arboretum $125.00 smcs; NE Wine & Spirits $86.28 smcs; NEland Distributors $308.00 smcs; Newman Signs $254.41 smcs; Nogg Chemical $295.57 smcs; Norm's Plumbing $160.00 smcs; Northwestern Energy $1,356.98 smcs; Office Depot $760.74 smcs; Office Max $1,217.69 smcs,co; Office Net $171.69 smcs; Olsson Associates $3,600.00 smcs; Omaha Tractor $50.59 smcs; O'Reilly $355.32 smcs; Orscheln $400.32 smcs; Pappas Telecasting $375.00 smcs; Paramount $325.21 smcs; Paul A. Otto Curb Grinding $108.00 co; Pennwell Books $50.00 smcs; PEP $51.10 smcs; Picture Window Books $1,474.30 smcs; Pitney Bowes $450.00 smcs; Pizza Hut $53.18 smcs; Platte Valley Comm $5,704.69 smcs,co; Point Clark Networks $220.00 co; Presto-X $50.00 smcs; Price's Tree Service $3,810.00 smcs; Professional Network $9,662.00 co; QT Total $20.01 smcs; Quality Books $643.54 smcs; Random House $349.20 smcs; Ready Mixed Concrete $4,643.89 smcs,co; Reams Sprinkler $448.64 smcs; Recognition Unlimited $21.40 smcs; Recorded Books $127.50 smcs; Regional Books $1,580.01 smcs; Resource Management $1,029.60 smcs; Riverside Animal Hospital $3,324.51 smcs; Road Builders $2,078.61 smcs; Ross, Schroeder & George $3,565.75 smcs; Rossell,C $485.00 smcs; Rourke Publishing $2,159.50 smcs; Rylind Industries $110.00 smcs; SA Foster Lumber $28.99 smcs; Safety-Kleen $227.90 smcs; Sahling Kenworth $3,544.58 smcs; Schwan's $683.24 smcs; See Clear Cleaning $1,900.00 smcs; Sensus Metering $176.00 smcs; S-F Analytical Laboratories $674.00 smcs; Shell Oil $23.00 smcs; Sherwin Industries $351.96 smcs; Sherwin Williams $464.46 smcs,co; Simmons Gun Specialties $1,608.44 smcs; Solid Rock $867.00 smcs; Sorkness,C $150.00 smcs; St. Lukes's Good Sam $19,032.00 smcs; Steinbrink's $5,481.18 smcs,co; Sterling Distributing $174.86 smcs; Suburban Fire Protection $17,835.51 smcs; Super 8 Motels $290.30 smcs; Super Shine Auto $9.00 smcs; Superior Signals $47.25 smcs; Target $71.25 smcs; Team Effort $186.60 smcs; Techstreet $138.00 smcs; TerraScan $7,052.00 smcs; Thomas,P $13.00 smcs; Thompson West $684.49 smcs; Thompson,L $60.00 smcs; Thomson Gale $751.15 smcs; Thrifty Car Rental $13,800.00 co; Tielke Enterprise $151.04 smcs; Tiger Direct.com $2,261.51 co; Titleist $122.69 smcs; Tractor-Supply $427.90 smcs; Tri-City Outdoor $287.48 smcs; Turner Body Shop $90.00 smcs; U Stop $20.00 co; United Distillers $545.33 smcs; United Laboratories $307.03 smcs; United Seeds $635.53 smcs; UNK $60.00 smcs; UNK Human Resources $1,000.00 smcs; UPS $216.48 smcs; Urbanek,G $262.00 smcs; U-Save Foods $255.01 smcs; USPS $44.80 smcs; Van Diest $1,444.45 smcs; Vessco $128.67 smcs; Video Service $208.77 smcs; Wagon Wheel $21.01 smcs; Wal-Mart $4,648.45 smcs,co; Washington State Support $102.00 ps; We Care Tree Care $370.00 smcs; Weathercraft $192.54 smcs; Weiderspan,R $36.45 smcs; Wellman,P $12.78 smcs; Whalen,J $107.72 smcs; Wicks Sterling $68.12 smcs; Wiederspan,R $39.69 smcs; Wilke Donovans $257.93 smcs,co; Winning Edge $31.35 smcs; WPCI $342.50 ps; Xerox $45.83 co; Yanda's Music $5,294.00 co; Yellow Van $372.00 smcs; Yockey,A $115.00 smcs; Young,M $222.00 smcs; Zimmerman Printers $121.00 smcs; Payroll Ending 9-17-2005 -- $260,629.11.  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.         Receive recommendations of Planning Commission and set October 11, 2005 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the application for a Special Designated License submitted by St. George Orthodox Church to dispense beer, wine and distilled spirits in the Extension Building at the Buffalo County Fairgrounds, 1400 East 34th Street, on November 12, 2005 from 9:00 a.m. until 10:00 p.m. for a dinner.

 

5.         Approve the Supplemental Agreement to Letter Agreement for Professional Services – Alternative Network Traffic Signal Timing Evaluation with Olsson Associates and approve Resolution No. 2005-158.

 

RESOLUTION NO. 2005-158

 

            WHEREAS, a new program was initiated by the Nebraska Department of Roads to encourage Nebraska communities to prepare Long Range Transportation Plans as a component of the comprehensive planning; and

            WHEREAS, the City entered into an agreement on April 22, 2003 with Olsson Associates to conduct the first phase of the project which included the following:

  • A state-of-the-art computerized traffic model (TransCAD);
  • A Long Range Transportation Plan with recommended improvements prioritized for the short, mid, and long range time frames;
  • A transportation and land use plan that are compatible with the City and the Nebraska Department of Roads Geographic Information Systems (GIS);
  • Final project report and Transportation Chapter to be incorporated into re referenced in the City’s Comprehensive Plan document; and

            WHEREAS, the City finds that it would be advantageous to enter into a Supplemental Agreement to the Letter Agreement with Olsson Associates to provide the additional work as follows:

  • Conduct a field review to document additional turn-lane needs and possible phasing eliminations;
  • Analysis of turning volumes and cross-product calculations to develop an Alternative Network;
  • Develop traffic signal timing plans based on the new land configurations and traffic signal phases;
  • Cost savings calculations to show benefits of the Alternative Network; and
  • Report documentation (text, tables and figures) of the additional tasks.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Supplemental Agreement to the Letter Agreement for Professional Services for the City of Kearney Comprehensive Plan Assistance Program between the City of Kearney and Olsson Associates, a copy marked “Exhibit A” is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

6.         Approve Change Order No. 1 showing a decrease in the amount of $15,259.52, Application and Certificate for Payment No. 5-Final in the amount of $2,999.98, and the Certificate of Substantial Completion submitted by Blessing, LLC and approved by Miller & Associates for the 2004 Part IX Improvements – Bid B consisting of Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891 for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2005-159.

 

RESOLUTION NO. 2005-159

 

WHEREAS, Blessing, LLC has performed services in connection with the 2004 Part IX Improvements – Bid B consisting of Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891 for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $15,259.52 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. 5-Final in the amount of $2,999.98 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$188,558.50

            Change Order No. 1 (9-27-2005)

-   15,259.52

Contract Sum To Date

173,298.98

Gross Amount Due

173,298.98

Retainage

.00

Amount Due to Date

173,298.98

Less Previous Certificates for Payment

  170,299.00

Current Payment Due

$    2,999.98

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of June 28, 2005, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as shown on Exhibit “A”, Application and Certificate of Payment No. 5-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 27TH DAY OF SEPTEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

7.         Approve Change Order No. 4 showing a decrease in the amount of $562.70, and Application and Certificate for Payment No. 3 in the amount of $42,290.58 submitted by Paulsen, Inc. and approved by Ross Engineering for the 2004 Part V Improvements – Bid B consisting of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet and approve Resolution No. 2005-160.

 

RESOLUTION NO. 2005-160

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2004 Part V Improvements – Bid B consisting of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet, and the City's engineer, Ross Engineering, have filed with the City Clerk Change Order No. 4 showing a decrease in the amount of $562.70 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Paulsen, Inc. and Ross Engineering have filed with the City Clerk Application and Certificate for Payment No. 3 in the amount of $42,290.58 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$458,425.70

     Change Order No. 1 (10-12-2004)

+  11,752.00

     Change Order No. 2 (10-12-2004)

+  13,147.10

     Change Order No. 3 (12-14-2004)

+    6,924.90

     Change Order No. 4 (9-27-2005)

-        562.70

Contract Sum To Date

$489,687.00

Gross Amount Due

489,687.00

Retainage

.00

Amount Due to Date

489,687.00

Less Previous Certificates for Payment

 447,396.42

Current Payment Due

$ 42,290.58

 

            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. 4, as shown on Exhibit “A”, and Application and Certificate for Payment No. 3, as shown on Exhibit “B” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

8.         Approve Change Order No. 1 showing an increase in the amount of $9,820.00 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue and approve Resolution No. 2005-161.

 

RESOLUTION NO. 2005-161

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $9,820.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference:

 

Original Contract Sum

$1,036,342.20

            Change Order No. 1 (9-27-2005)

+       9,820.00

Contract Sum To Date

$1,046,162.20

 

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

            PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

9.         Approve Application and Certificate for Payment No. 2 in the amount of $83,191.41 submitted by Midlands Contracting and approved by Miller & Associates for the 2005 Part III Improvements – Bid A consisting of Water District No. 2005-536 for 9th Avenue from 10th Street to 11th Street; Sewer District No. 2005-479 for 9th Avenue from 10th Street to 11th Street; Sewer District No. 2005-480 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Sewer District No. 2005-481 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; and Sewer District No. 2005-482 for Redwood Lane from the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac and approve Resolution No. 2005-162.

 

RESOLUTION NO. 2005-162

 

WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2005 Part III Improvements – Bid A consisting of Water District No. 2005-536 for 9th Avenue from 10th Street to 11th Street; Sewer District No. 2005-479 for 9th Avenue from 10th Street to 11th Street; Sewer District No. 2005-480 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Sewer District No. 2005-481 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; and Sewer District No. 2005-482 for Redwood Lane from the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $83,191.41 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$225,161.00

 

 

Contract Sum To Date

225,161.00

Gross Amount Due

225,360.00

Retainage

22,536.00

Amount Due to Date

202,824.00

Less Previous Certificates for Payment

  119,632.59

Current Payment Due

$ 83,191.41

 

            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. 2, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

10.        Approve Application and Certificate for Payment No. 1 in the amount of $102,799.89 submitted by Blessing LLC and approved by Miller & Associates for the 2005 Part III Improvements – Bid B consisting of Paving Improvement District No. 2005-893 for 9th Avenue from 10th Street to 11th Street; Paving Improvement District No. 2005-896 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Paving Improvement District No. 2005-897 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; Paving Improvement District No. 2005-898 for Redwood Lane from the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac and approve Resolution No. 2005-163.

 

RESOLUTION NO. 2005-163

 

WHEREAS, Blessing LLC has performed services in connection with the 2005 Part III Improvements – Bid B consisting of Paving Improvement District No. 2005-893 for 9th Avenue from 10th Street to 11th Street; Paving Improvement District No. 2005-896 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Paving Improvement District No. 2005-897 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; Paving Improvement District No. 2005-898 for Redwood Lane from the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $102,799.89 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$331,965.00

 

 

Contract Sum To Date

331,965.00

Gross Amount Due

114,222.10

Retainage

11,422.21

Amount Due to Date

102,799.89

Less Previous Certificates for Payment

               .00

Current Payment Due

$102,799.89

 

            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. 1, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

11.        Approve Application and Certificate for Payment No. 4 in the amount of $32,228.99 submitted by Midlands Contracting and approved by Miller & Associates for the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue; and Water District No. 2005-540 West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition, an addition to the City of Kearney and approve Resolution No. 2005-164.

 

RESOLUTION NO. 2005-164

 

WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue, and Water District No. 2005-540 West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 4 in the amount of $32,228.99 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$928,987.00

     Change Order No. 1 (4-26-2005)

- 219,141.86

     Change Order No. 2 (7-12-2005)

+119,889.00

 

 

Contract Sum To Date

829,734.14

Gross Amount Due

803,194.83

Retainage

40,159.74

Amount Due to Date

763,035.09

Less Previous Certificates for Payment

  730,806.10

Current Payment Due

$  32,228.99

 

            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. 4, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

12.        Approve Change Order No. 1 showing an increase in the amount of $1,656.00 submitted by Kayton Electric and approved by Miller & Associates for the 2005 Part VII Improvements consisting of the installation of a traffic signal at the intersection of 27th Street and Avenue N and approve Resolution No. 2005-165.

 

RESOLUTION NO. 2005-165

 

WHEREAS, Kayton Electric, Inc. has performed services in connection with the 2005 Part VII Improvements consisting of the installation of a traffic signal at the intersection of 27th Street and Avenue N, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $1,656.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference:

 

Original Contract Sum

$85,277.00

            Change Order No. 1 (9-27-2005)

+ 1,656.00

Contract Sum To Date

$86,933.00

 

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

            PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

13.        Approve the Specifications for the construction of a 144 Crypt 80 Niche Garden Mausoleum at the Kearney Cemetery and set the bid opening date for October 14, 2005.

 

14.        Approve the Agreement and Permit for Aeronautical Services between the City of Kearney and Buffalo Air Service for aerial applicator service at the Kearney Municipal Airport and approve Resolution No. 2005-166.

 

RESOLUTION NO. 2005-166

 

BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement and Permit for Aeronautical Services at the Kearney Municipal Airport, on behalf of the City of Kearney, with Buffalo Air Service, LLC, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

15.        Approve Change Order No. 1 showing an increase in the amount of $10,849.39 submitted by Sorensen Group, Inc. and approved by The Clark Enersen Partners for the construction of the Cottonmill Park Marina Building and approve Resolution No. 2005-167.

 

RESOLUTION NO. 2005-167

 

WHEREAS, Sorensen Group, Inc. has performed services in connection with the construction of the Cottonmill Park Marina Building, and the City's engineer, The Clark Enersen Partners, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $10,849.39 as shown on Exhibit “A” attached hereto and made a part hereof by reference:

 

Original Contract Sum

$152,758.00

            Change Order No. 1 (9-27-2005)

+ 10,849.39

Contract Sum To Date

$163,607.39

 

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

            PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.

 

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

16.        Approve Application and Certificate for Payment No. 1 in the amount of $126,248.85 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2005 Part IV Improvements – Bid B consisting of Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition and approve Resolution No. 2005-168.

 

RESOLUTION NO. 2005-168

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2005 Part IV Improvements – Bid B consisting of Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $126,248.85 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$292,727.25

 

 

Contract Sum To Date

292,727.25

Gross Amount Due

140,276.50

Retainage

14,027.65

Amount Due to Date

126,248.85

Less Previous Certificates for Payment

               .00

Current Payment Due

$126,248.85

 

            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 27TH DAY OF SEPTEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

17.        Set October 11, 2005 as the date for the Council to meet as the Board of Equalization to consider assessing the costs accrued and expended to demolish a building and clean and clear property described as Lots 3 and 4 of Block 3, Kearney Land and Investment Company’s 1st Addition, an addition to the City of Kearney, Buffalo County, Nebraska.

 

18.        Approve the Developer Constructed Infrastructure Agreement for Marianne Hunt 2nd Addition between the City of Kearney and Brad Henning of Nebraska National Bank and James Hunt for the construction of public improvements in Avenue F from 10th Street to 8th Street, in 8th Street from Avenue F to Avenue D, and in Avenue E Place north of 8th Street and approve Resolution No. 2005-169.

 

RESOLUTION NO. 2005-169

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” for Marianne Hunt 2nd 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 Brad Henning of Nebraska National Bank and James Hunt to construct public improvements in accordance with the Kearney City Code.

            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 27TH DAY OF SEPTEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7215 – AMEND ARTICLE 19 “DOWNTOWN IMPROVEMENT AN PARKING DISTRICT” AMENDMENTS

 

Council Member Hadley introduced Ordinance No. 7215, being Subsection 1 of Agenda Item V to amend the following sections of Article 19 “Downtown Improvement and Parking District” of Chapter 3 “Business Regulations” of the Code of the City of Kearney; Section 3-1905 “Appointment” to require interested persons to complete an Expression of Interest Form; Section 3-1907 “Chairperson; Officers” to amend the term of the President to two years; Section 3-1908 “Terms of Office” to change the date the terms expire to July 31; Section 3-1909 “Removal of Members” to define and clarify participation of each member; Section 3-1911 “Meetings” to define the location of the meetings to be held in the Council Chambers; Section 3-1915 “Powers; Duties Generally” to better define the promotion, coordination and administration of special events which are to take place on or in the district area; Section 3-1916 “Businesses and Professions Subject to Tax” is deleted in its entirety; Section 3-1917 “License and Occupation Tax; Rates; Classification of Businesses” is deleted in its entirety; Section 3-1918 “License and Occupation Tax; Uses of Revenue” is deleted in its entirety; Section 3-1919 “License and Occupation Tax; Computation” is deleted in its entirety; Section 3-1920 “License and Occupation Tax; Objections to Determination of Amount” is deleted in its entirety; Section 3-1921 “License and Occupation Tax; When Payable; Receipt” is deleted in its entirety; Section 3-1922 “License and Occupation Tax; Special Fund” is deleted in its entirety; Section 3-1923 “Violation; Agents of Nonresident Businesses Subject to Punishment” is deleted in its entirety; Section 3-1924 “Penalty” is deleted in its entirety; to add a new section entitled Section 3-1925 “Taxes and Assessments; Use”, 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, Lear, Clouse, Buschkoetter. Nay: None. Kearney absent. 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. 7215 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, Buschkoetter. Nay: None. Kearney absent. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7215 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Buschkoetter, Lear. Nay: None. Kearney absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7215 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. 7216 – REPEAL ORDINANCE NO. 7201 AND RE-CREATE SEWER DISTRICT NO. 2005-485A

 

At the August 23, 2005 Council meeting, the Council approved Ordinance Nos. 7201 and 7202 creating Sewer District No. 2005-485 and Water District No. 2005-542 for 4th Avenue from 44th Street north a distance of 734.2± feet. When the Register of Deeds proceeded to record these ordinances, it was determined there was an error in the legal descriptions.  Therefore, Ordinance Nos. 7215 and 7216 repeals Ordinance Nos. 7201 and 7202 and corrects the legal description.

 

Council Member Hadley introduced Ordinance No. 7216, being Subsection 2 of Agenda Item V to repeal Ordinance No. 7201 and re-create Sewer District No. 2005-485A for 4th Avenue from 44th Street north a distance of 734.2± feet, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Lear, Clouse, Buschkoetter. Nay: None. Kearney absent. 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. 7216 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, Buschkoetter. Nay: None. Kearney absent. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7216 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Buschkoetter, Lear. Nay: None. Kearney absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7216 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. 7217 – REPEAL ORDINANCE NO. 7202 AND RE-CREATE WATER DISTRICT NO. 2005-542A

 

At the August 23, 2005 Council meeting, the Council approved Ordinance Nos. 7201 and 7202 creating Sewer District No. 2005-485 and Water District No. 2005-542 for 4th Avenue from 44th Street north a distance of 734.2± feet. When the Register of Deeds proceeded to record these ordinances, it was determined there was an error in the legal descriptions.  Therefore, Ordinance Nos. 7215 and 7216 repeals Ordinance Nos. 7201 and 7202 and corrects the legal description.

 

Council Member Hadley introduced Ordinance No. 7217, being Subsection 3 of Agenda Item V to repeal Ordinance No. 7202 and re-create Water District No. 2005-542A for 4th Avenue from 44th Street north a distance of 734.2± feet, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Lear, Clouse, Buschkoetter. Nay: None. Kearney absent. 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. 7217 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, Buschkoetter. Nay: None. Kearney absent. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7217 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Buschkoetter, Lear. Nay: None. Kearney absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7217 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

 

OPEN ACCOUNT CLAIMS; NEBRASKA PUBLIC POWER DISTRICT - $84,957.56; FREMONT NATIONAL BANK - $36,920.91

 

Moved by Lear seconded by Buschkoetter that the Open Account Claim in the amount of $84,957.56 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Hadley, Lear, Buschkoetter. Nay: None. Clouse abstained. Kearney absent. Motion carried.

 

Moved by Buschkoetter seconded by Hadley that the Open Account Claim in the amount of $36,920.91 payable to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Clouse. Nay: None. Lear abstained. Kearney absent. Motion carried.

 

EXECUTIVE SESSION

 

Moved by Hadley seconded by Clouse that Council adjourn into executive session at 7:28 p.m. on September 27, 2005 for the protection of the public interest and specifically for the discussion of legal and personnel matters. Roll call resulted as follows: Aye: Hadley, Clouse, Buschkoetter, Lear. Nay: None. Kearney absent. Motion carried.

 

Moved by Hadley seconded by Clouse that Council reconvene in regular session at 8:33 p.m. on September 27, 2005. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Kearney absent. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Clouse that Council adjourn at 8:34 p.m. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Kearney absent. Motion carried.

 

                                                                                    GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK