Kearney, Nebraska
November 8, 2005
7:00 p.m.
A meeting of the City Council of Kearney, Nebraska, was
convened in open and public session at 7:00 p.m. on November 8,
2005, in the Council Chambers
at City Hall. Present were: Galen D. Hadley, President of the Council;
Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney,
Stan Clouse, and Bruce Lear. Absent: None. 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: Byron Hanson, Mitch Humphrey,
Ron Ridgway, Sam Beall, Doug Daize, Brian Hamilton, Mike Konz from Kearney Hub,
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
Reverend John Gosswein from Family of Christ Lutheran Church provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scouts from Troop # 158, Eric Warren and Dan Hansen, led
the Council members and audience in the Pledge of Allegiance.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED
BUSINESS
There was no Unfinished Business.
III. PUBLIC
HEARINGS
RUBY TUESDAY LIQUOR LICENSE/MANAGER APPLICATION
Mayor Hadley opened the public hearing on the application for
a Class “I” (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License
submitted by RT OMAHA FRANCHISE, LLC, dba “Ruby Tuesday” located at 108 1st
Avenue Place, and the application for Corporate Manager of Brian Hamilton, and
to consider approval of Resolution No. 2005-186.
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 investigation was conducted on the business itself as well as the
staff. Ruby Tuesday’s is opening a new restaurant at 108 1st Avenue
Place and is requesting a license to sell liquor on the premises only with the
food. Ruby Tuesday, Inc. owns and operates over 450 full service
restaurants throughout the United States, all of which hold liquor licenses. RT Omaha
Franchise, a wholly-owned subsidiary of Ruby Tuesday, Inc. owns and operates
six other establishments in Nebraska, all holding liquor licenses. 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 within a couple of 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. Brian Hamilton, the proposed manager, has returned the
attached form showing their employees have or will complete training though the
Liquor Commission. The company also submitted a copy of their policy for
the selling of alcohol. Each employee is required to take a test and sign
a “Responsible Serving Statement Policy” upon employment.
Doug Daize, President and CEO of Ruby Tuesday’s franchise
and Brian Hamilton, General Manager presented this matter to the Council.
Mr. Daize stated they outlined some of the training in their application that
they have for their staff. He is aware of the concerns of serving
to minors in the community after some of the recent unfortunate events that
have taken place in Kearney. He realizes that it is a
privilege to have a liquor license and they take it very seriously. They
also have internal policing to make sure that all rules are being followed and
disciplinary action is taken if there is an issue.
They also are involved with the State Patrol. They
cannot open a new restaurant, especially one with a lot of new employees
without their training on identifying false IDs. They try to take
advantage of that training and be proactive in that situation. The Nebraska
Liquor Commission has an excellent training website that is compiled by the University of Nebraska to which all the restaurants have an internal link so team
members can train on this website. They started using this website about
3-4 years ago. They set up guidelines and rules according to state
regulations.
Council member Clouse asked since there are other Ruby
Tuesday franchises throughout the state, what is the overall record regarding stings
and violations? Mr. Daize responded that he could honestly state
that they have been very fortunate as far as stings go. Recently in Grand Island, they passed a sting and also in Bellevue. About four years ago, they
had a sting in one of their restaurants in Omaha where a minor was served and it was followed by disciplinary action
immediately and also paid the fine involved. They are a restaurant
serving alcohol, not a bar serving food. They like to think that the
beer, wine and alcoholic beverages are there to enhance the dining experience
for the guests, not their primary focus.
General Manager Brian Hamiliton stated he has had 5-6 years
experience in the food and beverage business. Both from the service and
managing standpoint, and several training classes with Ruby Tuesday and
previous companies. Council member Buschkoetter asked for clarification
that Mr. Hamilton would be running this store that it is not a regional
operation. Mr. Hamilton stated that he will be handling the day to day
managing of the Kearney store.
Council member Buschkoetter also asked for more of an
explanation about their internal policing. Mr. Daize stated that checking
IDs is primary. Mr. Hamilton’s responsibility after the training is in
place is to do daily monitoring. He said that personally he likes to ask
the server what year the person they are serving was born, if they do not know
that is a flag that they have not checked the ID of that person.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Clouse to close the hearing and
recommend approval of the application for a Class “I” (Beer, Wine and Distilled
Spirits – On Sale Only) Liquor License submitted by RT OMAHA FRANCHISE, LLC, dba
“Ruby Tuesday” located at 108 1st Avenue Place, approve the application for
Corporate Manager of Brian Hamilton, and approve Resolution No. 2005-186. Roll
call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion
carried.
RESOLUTION
NO. 2005-186
WHEREAS, RT OMAHA FRANCHISE, LLC, dba “Ruby Tuesday” has filed with the
Nebraska Liquor Control Commission and the City Clerk of the City of Kearney,
Nebraska, an application for a Class ‘I’ (Beer, Wine and Distilled Spirits – On
Sale Only) Liquor License to do business at 108 1st Avenue Place, Kearney,
Nebraska, and has paid all fees and done all things required by law as provided
in the Nebraska Liquor Control Act; and
WHEREAS, RT OMAHA FRANCHISE, LLC, dba “Ruby Tuesday” also filed with the
Nebraska Liquor Control Commission and the City Clerk of the City of Kearney,
Nebraska, an application for Corporate Manager of Brian Hamilton; and
WHEREAS, a hearing was held relating to said application on November 8, 2005.
NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City
of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor
Control Commission of the issuance of a Class ‘I’ (Beer, Wine and Distilled
Spirits – On Sale Only) Liquor License to RT OMAHA FRANCHISE, LLC, dba “Ruby
Tuesday” located at 108 1st Avenue Place, Kearney, Nebraska, and to approve the
application for Corporate Manager of Brian Hamilton.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
REZONING – NORTH OF 50TH STREET AND WEST OF 22ND AVENUE
Public Hearings 2, 3 and 4 were discussed together but voted
on separately.
Mayor Hadley opened the public hearing on the Application submitted by Ron Ridgway from Miller &
Associates (Applicant) for Denton Enterprises, Inc. (Owner) to rezone from
“District AG, Agricultural District” to “District R-1, Urban Residential
Single-Family District (Low Density)” property described as a tract of
land being part of the Southwest Quarter of the Northeast Quarter of Section
27, Township 9 North, Range 16 West of the 6th P.M., containing 10959.77 square
feet, more or less, Buffalo County, Nebraska (north of 50th Street and west of
22nd Avenue).
The applicant is requesting approval to zone and plat a
tract of land that is approximately 10,959 square feet in area to create a one
lot subdivision. This vacant property abuts an existing residential lot -
Lot 3, Block 3, North Park Addition.
The land to be zoned and subdivided abuts the west lot line of the existing
lot. This application was approved in August by the Planning Commission,
but for a smaller tract of land. Apparently, the future owner decided
that the amount of land area should be increased so the application was
withdrawn from the City Council agenda. The applicant reapplied for the
October Planning Commission agenda with a larger lot size. The proposed
one lot subdivision is approximately 80 feet wide by 130 feet deep while the
original application was for a 65-foot wide lot. The additional property
increases the size of the proposed lot from 8,450 square feet to 10,400 square
feet and the ultimate size of the proposed subdivision is 10,959 square feet
since it includes a narrow strip of land that will be dedicated as 50th Street. In essence, the applicant
will own two abutting lots with a house on the east lot and open space on the
west lot that could be developed in the future.
The parcel in question has never been zoned so is considered
Agricultural by default. The rezoning request is from Agricultural to
R-1, Urban Residential Single-Family District. The future Land Use Map of
the City of Kearney
Comprehensive Development Plan shows this area to be “Low Density Residential” which is
the corresponding land use category for the requested zoning.
This land was never previously platted. The
Preliminary and Final Plat consist of the one 80 x 130 foot lot with an
8.49-foot wide strip of land extending to the south. This 8.49 x 66 foot
strip will be dedicated as right-of-way for 50th Street and extend the street 8.49 feet to the west so the end of
the street lines up with the west lot line of the subdivision. The
Preliminary Plat was approved by Planning Commission on October 21, 2005. The subdivision will be known as
Castle Ridge Second Addition. There is an existing easement along the
west line of Lot 3, Block 3, North Park Addition,
which will now be the common line between the proposed and existing lots.
No structures can be built across this existing easement. This property
will be served by urban services and should therefore be annexed into the city
limits.
Ron Ridgway from Miller & Associates was present to
answer any questions.
There was no one present in opposition to this hearing.
Moved by Clouse seconded by Lear to close the hearing and
approve the Application submitted by Ron Ridgway from
Miller & Associates (Applicant) for Denton Enterprises, Inc. (Owner) to
rezone from “District AG, Agricultural District” to “District R-1, Urban
Residential Single-Family District (Low Density)” property described as a
tract of land being part of the Southwest Quarter of the Northeast Quarter of
Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10959.77
square feet, more or less, Buffalo County, Nebraska (north of 50th Street and
west of 22nd Avenue). Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None.
Motion carried.
FINAL PLAT – CASTLE RIDGE SECOND ADDITION
Mayor Hadley opened the public hearing on the Application submitted by Ron Ridgway from Miller &
Associates (Applicant) for Denton Enterprises, Inc. (Owner) for final plat
approval for “CASTLE RIDGE SECOND ADDITION” an addition to the City of Kearney,
Buffalo County, Nebraska for a tract of land being part of the Southwest
Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West
of the 6th P.M., containing 10959.77 square feet, more or less, Buffalo County,
Nebraska (north of 50th Street and west of 22nd Avenue) and to consider
approval of Resolution No. 2005-187.
There was no one present in opposition to this hearing.
Moved by Lear seconded by Buschkoetter to close the hearing
and approve the Application submitted by Ron Ridgway
from Miller & Associates (Applicant) for Denton Enterprises, Inc. (Owner)
for final plat approval for “CASTLE RIDGE SECOND ADDITION” an addition to the
City of Kearney, Buffalo County, Nebraska for a tract of land being part
of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9
North, Range 16 West of the 6th P.M., containing 10959.77 square feet, more or
less, Buffalo County, Nebraska (north of 50th Street and west of 22nd Avenue)
and approve Resolution No. 2005-187. Roll call resulted as follows: Aye:
Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay:
None. Motion carried.
RESOLUTION
NO. 2005-187
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “CASTLE RIDGE SECOND”, an addition to the City of Kearney,
Buffalo County, Nebraska, duly made out, acknowledged and certified, and the
same hereby is approved in accordance with the provisions and requirements of
Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and
recorded in the Office of the Register of Deeds of Buffalo County, Nebraska;
said addition is hereby included within the corporate limits of said City and
shall be and become a part of said City for all purposes whatsoever, and the
inhabits of such addition shall be entitled to all the rights and privileges
and shall be subject to all laws, ordinances, rules and regulations of said
City.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the final plat on behalf of the City of
Kearney, Nebraska.
PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER,
2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
INCLUDE IN CITY LIMITS – CASTLE RIDGE SECOND ADDITION
Mayor Hadley opened the public hearing on the Application submitted by Ron Ridgway from Miller &
Associates (Applicant) for Denton Enterprises, Inc. (Owner) for the inclusion
into the City limits of “CASTLE RIDGE SECOND ADDITION” an addition to the City
of Kearney, Buffalo County, Nebraska for a tract of land being part of
the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North,
Range 16 West of the 6th P.M., containing 10959.77 square feet, more or less,
Buffalo County, Nebraska (north of 50th Street and west of 22nd Avenue)and to
consider approval of Resolution No. 2005-188.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Hadley to close the
hearing and approve the Application submitted by Ron Ridgway
from Miller & Associates (Applicant) for Denton Enterprises, Inc. (Owner)
for the inclusion into the City limits of “CASTLE RIDGE SECOND ADDITION” an
addition to the City of Kearney, Buffalo County, Nebraska for a tract of
land being part of the Southwest Quarter of the Northeast Quarter of Section
27, Township 9 North, Range 16 West of the 6th P.M., containing 10959.77 square
feet, more or less, Buffalo County, Nebraska (north of 50th Street and west of
22nd Avenue)and approve Resolution No. 2005-188. Roll call resulted as follows:
Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.
RESOLUTION
NO. 2005-188
WHEREAS, an Application has been submitted by Ron Ridgway from Miller &
Associates (Applicant) for Denton Enterprises, Inc. (Owner) for the inclusion
of “CASTLE RIDGE SECOND” an addition within the corporate boundaries of the
City of Kearney said property described as a tract of land being part of the
Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska, and being more
particularly described as follows: Referring to the southwest corner of
the Northeast Quarter of said Section 27 and assuming the west line of said
Northeast Quarter as bearing N00º20’04”W and all bearings contained herein are
relative thereto; thence N00º20’04”W and on said west line a distance of 537.75
feet to the south line of 50th Street (if extended westerly), a street in
Kearney, Buffalo County, Nebraska; thence N89º05’10”E and on said south line of
50th Street (if extended westerly) a distance of 240.64 feet to the ACTUAL
PLACE OF BEGINNING; thence N89º05’10”E continuing on the south line of said
50th Street (f extended westerly) a distance of 8.47 feet to the northwest
corner of Lot 1, Block 4, North Park, an addition to the City of Kearney,
Buffalo County, Nebraska, being part of the Northeast Quarter of Section 27,
Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska;
thence N00º54’50”W a distance of 66.0 feet to the north line of said 50th
Street; thence N89º05’10”E and on the north line of 50th Street a distance of
71.51 feet to the southwest corner of Lot 3, Block 3 in said North Park; thence
N00º54’50”W and on the west line of said Lot 3, Block 3 a distance of 130.0
feet to the northwest corner of said Lot 3, Block 3; thence S89º05’10”W and on
the north line of said North Park (if extended westerly) and parallel with the
north line of said 50th Street a distance of 80.0 feet; thence S00º54’50”E a
distance of 196.0 feet to the place of beginning, containing 10959.77 square
feet, more or less, all in Buffalo County, Nebraska; and
WHEREAS, the Kearney City Planning
Commission has received and held a public hearing on October 21, 2005 on the
inclusion of “CASTLE RIDGE SECOND” within the corporate limits and recommended
the Kearney City Council approve said application; and
WHEREAS, said application to include the land within the corporate limits was
duly signed by the owners of the land affected with the express intent of
platting the land as “CASTLE RIDGE SECOND” an addition to the City of Kearney,
Buffalo County, Nebraska;
WHEREAS, a public hearing was held by the Kearney City Council relating to said
application on November
8, 2005 who deemed the
said addition to be included within the corporate limits to be advantageous to
and in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the land to be platted as “CASTLE RIDGE SECOND” shall
be included within the corporate limits of the City of Kearney, Buffalo County,
Nebraska, that the inhabitants of such addition shall be entitled to all the
rights and privileges, and shall be subject to all the laws, ordinances, rules
and regulations of the City of Kearney.
BE IT FURTHER RESOLVED that the inclusion of “CASTLE RIDGE SECOND” within the
corporate limits of the City of Kearney is subject to the final plat being
filed with the Buffalo County Register of Deeds.
PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
FINAL PLAT – STONERIDGE SEVENTH ADDITION
Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo
Surveying (Applicant) for NP Land Development, Inc. and Nebraska National Bank
(Owner) for final plat approval for “STONERIDGE SEVENTH ADDITION”, an addition
to the City of Kearney, Buffalo County, Nebraska for a tract of land being Lot
1, Stoneridge Second Addition, an addition to the City of Kearney, Buffalo
County, Nebraska (west side of Avenue N and south of 60th Street) and to
consider approval of Resolution No. 2005-189.
The applicant is requesting the next set of approvals to
develop duplex condominiums on Lot 1, Stoneridge
Second Addition, south of 60th Street
and west of Avenue N. Last month the Preliminary Plat and Development
Plans were submitted and Planning Commission approved the Preliminary Plat and
forwarded the Development Plans to City Council with a recommendation for
approval based on conditions contained in the comments. The City Council
approved the Development Plans on October 11, 2005. There are 34 living units
proposed in 17 buildings on private streets. The property is zoned
R-2. This project will require vacation of the existing subdivision (Stoneridge
Second Addition) so that it can be replatted as Stoneridge Seventh Addition and
also approval of the Final Plat.
The property known as Stoneridge Second Addition must be
vacated so that it can be replatted as Stoneridge Seventh Addition. The
proposed subdivision, Stoneridge Seventh Addition, is comprised of three lots,
a road lot and two larger lots, one north of the road lot and one south of the
road lot. A Public Works Plan has been submitted.
Mitch Humphrey from Buffalo Surveying presented this matter
to the Council. He wanted to clarify that Nebraska National Bank is not an
owner, but does have an interest in this property as a lender. Later in
the agenda there is an item to vacate Lot 1 of Stoneridge Second Addition and
by this action on this item will get approval for a 2-lot subdivision with the
inclusion of 1 tract that will be known as “Road Lot A”. What they want
to do is mimic the Kingwood’s Circle condominium project to the south and build
some additional duplex units that will be sold as condominiums.
Council member Lear stated that one of the issues raised at
the Planning Commission was the use of private drives. One of the things
noted was that the UDO does not allow private streets to serve more than 12
housing units. Director of Public Works Rod Wiederspan stated that there
is language in the UDO stating that 12 units is the maximum on a private
drive. The Planning Commission had a concern about the number of units
these condominium projects are creating. These condominium projects
started out small and keep growing. In this plan, they have provided an
emergency access to the west onto Avenue K and in the future when Avenue K is
actually there. Although it is over the 12 units, there is more than one
access location that emergency services could access. It is a concern of
the Planning Commission as to how many units are showing up on our private
drive scenarios.
Council member Lear stated that one of the long term
ramifications of that is that the City might end up someday with homeowners who
do not fully understand the importance of having private roads. This
could lead to the City being put under pressure to help repave or redo those
roads. Director of Public Works stated that part of the concern with
private streets is that there are some around town where the property owners
have asked them to take them over because they did not want to do the
maintenance on them anymore. They have not taken over those streets in
the past, but told them we would look at it if they wanted to go in and totally
reconstruct the street to City standard and then we would maintain it.
These streets are 24-foot wide, no curb and gutter, the storm sewer is not what
the City normally puts in.
Director of Public Works further stated that anybody that
buys a duplex in this complex will have as part of the disclosure that this is
on a private street. It will be similar to the Arrowhead Apartments or
some of the different apartment complexes where the parking lots and the
driveways through them are part of the complex. As a road lot, that will
be pointed out and everybody buying property there should know up front that
this is private road and there will be some maintenance fees associated with it
through their homeowners association. One other thing they have looked at
doing is putting up different signage identifying this as a condominium complex,
as opposed to putting up a street sign blade that matches the blades of our
public streets. When Avenue K is completed, there will be a gate on the
Avenue K side that the Fire Department or Police Department could get through,
but not a public access because it is not planned as a through street.
There is a gate in the first addition that was done south of there. The
gate comes off Avenue N and goes into a dead end. On the south side of 56th Street, there is some small landscaping
planted there and there is a vinyl fence.
City Manager Michael Morgan pointed out what the Planning
Commission wants to avoid is doing something in a private development standard
that negatively affects another area, especially in the area of drainage.
If people are going to be responsible for their own streets in a condominium
complex such as this, they will be responsible for maintaining deteriorating
streets. They would be more concerned if it was a drainage issue that was
not handled correctly within that area. They have discussed the entrances
and addresses with the developers. One of the frustrations is that
citizens will be driving down the street and get to the end and do not know
where they are. They try to work with the developer about signage, etc.
so that does not happen.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Kearney to close the hearing and
approve the Application submitted by Mitch Humphrey
from Buffalo Surveying (Applicant) for NP Land Development, Inc. and Nebraska
National Bank (Owner) for final plat approval for “STONERIDGE SEVENTH
ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska for a
tract of land being Lot 1, Stoneridge Second Addition, an addition to the City
of Kearney, Buffalo County, Nebraska (west side of Avenue N and south of
60th Street) and approve Resolution No. 2005-189. Roll call resulted as
follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
RESOLUTION
NO. 2005-189
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of ”STONERIDGE SEVENTH ADDITION”, an addition to the City of
Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified,
and the same hereby is approved in accordance with the provisions and
requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and
ordered filed and recorded in the Office of the Register of Deeds of Buffalo
County, Nebraska; said addition is hereby included within the corporate limits
of said City and shall be and become a part of said City for all purposes
whatsoever, and the inhabits of such addition shall be entitled to all the
rights and privileges and shall be subject to all laws, ordinances, rules and
regulations of said City.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the final plat on behalf of the City of
Kearney, Nebraska.
PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER,
2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
PROPOSED ACQUISITION FOR WATER MAIN AND SANITARY SEWER
EASEMENTS
Mayor Hadley opened the public hearing on the proposed
acquisition of two tracts of land as follows: Tract 1 for a Permanent Sanitary
Sewer Easement for a tract of land being the north 20 feet of the south 190
feet of the west 320 feet of Lot 38, Block 2, Grandview Estates Third Addition,
an addition to the City of Kearney, Buffalo County, Nebraska; AND Tract 2 for a
Permanent Water Main Easement for a tract of land being the north 20 feet of
the south 220 feet of the west 390 feet of Lot 38, Block 2, Grandview Estates
Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska
and to consider approval of Resolution No. 2005-190.
Director of Utilities Kirk Stocker presented this matter to
the Council. The developers of Five Star Apartments located near 4005 Avenue R
have granted to the City a Permanent Sanitary Sewer and Water Main
Easement. The easement is required because sanitary sewer and water mains
meeting City specifications are required on the property in order to serve the
three 8-plex apartment buildings proposed for construction. A public hearing is
required prior to accepting the easement because Section 18-1755 of the
Nebraska Revised Statutes requires that a City of the first class acquiring an
interest in real property shall do so only after the governing body has
authorized the acquisition by action taken in a public meeting after notice and
a public hearing.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Clouse to close the hearing and
approve the proposed acquisition of two tracts of land as follows: Tract 1 for
a Permanent Sanitary Sewer Easement for a tract of land being the north 20 feet
of the south 190 feet of the west 320 feet of Lot 38, Block 2, Grandview
Estates Third Addition, an addition to the City of Kearney, Buffalo County,
Nebraska; AND Tract 2 for a Permanent Water Main Easement for a tract of land
being the north 20 feet of the south 220 feet of the west 390 feet of Lot 38,
Block 2, Grandview Estates Third Addition, an addition to the City of Kearney,
Buffalo County, Nebraska and approve Resolution No. 2005-190. Roll call
resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
RESOLUTION NO. 2005-190
WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in
real property by purchase or eminent domain to do so only after the City
Council has authorized the acquisition by action taken in a public meeting
after notice and public hearing; and
WHEREAS, the City Council has held a public hearing upon the proposed acquisition
for sanitary sewer and water main purposes and voted in favor to proceed with
the acquisitions; and
WHEREAS, Illride Enterprises, a Nebraska Limited Liability Company, has granted
to the City of Kearney, Nebraska, a Permanent Sanitary Sewer and Water Main
Easement as follows:
Permanent Sanitary Sewer Easement
A tract
of land being the north 20 feet of the south 190 feet of the west 320 feet of
Lot 38, Block 2, Grandview Estates Third Addition, an addition to the City of Kearney,
Buffalo County, Nebraska
AND
Permanent Water Main Easement
A tract
of land being the north 20 feet of the south 220 feet of the west 390 feet of
Lot 38, Block 2, Grandview Estates Third Addition, an addition to the City of
Kearney, Buffalo County, Nebraska
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the a Permanent Sanitary Sewer and Water Main Easement
granted by Illride Enterprises, a Nebraska Limited Liability Company to the
City of Kearney be and are hereby approved and accepted.
PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
PROPOSED ACQUISITION FOR WATER MAIN EASEMENT
Mayor Hadley opened the public hearing on the proposed
acquisition of a tract of land for water main purposes described as follows: A
tract of land being part of the Southeast Quarter of the Northeast Quarter of
Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County,
Nebraska more particularly described as follows: beginning at the northwest
corner of Lot 1, Block 2, Sorensen Park Fourth Addition, an addition to the
City of Kearney, Buffalo County, Nebraska; thence westerly on the north line of
said Lot 1, Block 2 (if extended westerly) a distance of 10.0 feet; thence
southerly parallel with the west line of said Lot 1, Block 2 a distance of
300.34 feet to the south line of said Lot 1, Block 2 and the north line of Lot
1 (if extended), Sorensen Park Second Addition, an addition to the City of
Kearney, Buffalo County, Nebraska; thence continuing southerly parallel with
the west of said Lot 1, a distance of 20.0 feet; thence easterly parallel with
the north line of said Lot 1 a distance of 10.0 feet to the west line of said
Lot 1; thence northerly on said west line a distance of 20.0 feet to the
northwest corner of said Lot 1, said point also being the southwest corner of
said Lot 1, Block 2, Sorensen Park Fourth Addition; thence northerly on the
west line of said Lot 1, Block 2 a distance of 300.34 feet to the place of
beginning, containing 3203.35 square feet, more or less, all in Buffalo County,
Nebraska and to consider approval of Resolution No. 2005-191.
Director of Utilities Kirk Stocker presented this matter to
the Council. The developers of Sorensen Park Fourth Addition have granted to
the City a Permanent Water Main Easement on property that they own adjacent to
Sorensen Park Fourth Addition. The easement is required because other
utilities already occupied the platted utility easement to serve the
subdivision before the water main could be constructed. A public hearing is
required prior to accepting the easement because Section 18-1755 of the
Nebraska Revised Statutes requires that a City of the first class acquiring an
interest in real property shall do so only after the governing body has
authorized the acquisition by action taken in a public meeting after notice and
a public hearing.
There was no one present in opposition to this hearing.
Moved by Clouse seconded by Lear to close the hearing and
approve the proposed acquisition of a tract of land for water main purposes
described as follows: A tract of land being part of the Southeast Quarter of
the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska more particularly described as follows:
beginning at the northwest corner of Lot 1, Block 2, Sorensen Park Fourth
Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence
westerly on the north line of said Lot 1, Block 2 (if extended westerly) a
distance of 10.0 feet; thence southerly parallel with the west line of said Lot
1, Block 2 a distance of 300.34 feet to the south line of said Lot 1, Block 2
and the north line of Lot 1 (if extended), Sorensen Park Second Addition, an
addition to the City of Kearney, Buffalo County, Nebraska; thence continuing
southerly parallel with the west of said Lot 1, a distance of 20.0 feet; thence
easterly parallel with the north line of said Lot 1 a distance of 10.0 feet to
the west line of said Lot 1; thence northerly on said west line a distance of
20.0 feet to the northwest corner of said Lot 1, said point also being the
southwest corner of said Lot 1, Block 2, Sorensen Park Fourth Addition; thence
northerly on the west line of said Lot 1, Block 2 a distance of 300.34 feet to
the place of beginning, containing 3203.35 square feet, more or less, all in
Buffalo County, Nebraska and approve Resolution No. 2005-191. Roll call resulted
as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay:
None. Motion carried.
RESOLUTION NO. 2005-191
WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in
real property by purchase or eminent domain to do so only after the City
Council has authorized the acquisition by action taken in a public meeting
after notice and public hearing; and
WHEREAS, the City Council has held a public hearing upon the proposed
acquisition for water main purposes and voted in favor to proceed with the
acquisition; and
WHEREAS, Sorensen Acres, LLC, a Nebraska Limited Liability Company, has granted
to the City of Kearney, Nebraska, a Permanent Water Main Easement as follows:
Permanent Water Main Easement
A tract of land being part of the Southeast Quarter of the
Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska more particularly described as follows:
beginning at the northwest corner of Lot 1, Block 2, Sorensen Park Fourth
Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence
westerly on the north line of said Lot 1, Block 2 (if extended westerly) a
distance of 10.0 feet; thence southerly parallel with the west line of said Lot
1, Block 2 a distance of 300.34 feet to the south line of said Lot 1, Block 2
and the north line of Lot 1 (if extended), Sorensen Park Second Addition, an
addition to the City of Kearney, Buffalo County, Nebraska; thence continuing
southerly parallel with the west of said Lot 1, a distance of 20.0 feet; thence
easterly parallel with the north line of said Lot 1 a distance of 10.0 feet to
the west line of said Lot 1; thence northerly on said west line a distance of
20.0 feet to the northwest corner of said Lot 1, said point also being the
southwest corner of said Lot 1, Block 2, Sorensen Park Fourth Addition; thence
northerly on the west line of said Lot 1, Block 2 a distance of 300.34 feet to
the place of beginning, containing 3203.35 square feet, more or less, all in
Buffalo County, Nebraska.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the a Permanent Water Main Easement granted by Sorensen
Acres, LLC, a Nebraska Limited Liability Company to the City of Kearney be and
is hereby approved and accepted.
PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
IV. CONSENT
AGENDA
Mayor Hadley announced that the Agenda was amended on November 7, 2005 by adding Items 12, 13, and 14 to
the Consent Agenda.
Council member Lear abstained from voting on Items 12 and 13
for the reason the applicant conducts business with the Platte Valley State
Bank.
Moved by Buschkoetter seconded by Hadley that Subsections 12
and 13 of Consent Agenda Item IV be approved. Roll call resulted as follows:
Aye: Hadley, Buschkoetter, Clouse, Kearney. Nay: None. Lear abstained. Motion carried.
12. Approve the
application for a Special Designated License submitted by STEVE & JONI
PAULSEN, dba “Party Pros Catering” in connection with their Class DK61563
catering liquor license to dispense beer, wine and distilled spirits at the
Great Platte River Road Archway Monument, 3060 East 1st Street, on December 10,
2005 from 5:00 p.m. until 12:00 a.m. for a private Christmas party.
13. Approve the
application for a Special Designated License submitted by STEVE & JONI
PAULSEN, dba “Party Pros Catering” in connection with their Class DK61563
catering liquor license to dispense beer, wine and distilled spirits at the
Great Platte River Road Archway Monument, 3060 East 1st Street, on December 17,
2005 from 5:00 p.m. until 12:00 a.m. for a private Christmas party.
Moved by Lear seconded by Buschkoetter that Subsections 1
through 11 and 14 of Consent Agenda Item IV be approved. Roll call resulted as
follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
1. Approve
Minutes of Regular Meeting held October 25, 2005.
2. Approve
the following Claims: AT&T $133.40 smcs; Ace Hardware $0.99 smcs; AFLAC
$1,681.30 ps; Alamar $37.48 ps; Alltel $2,352.44 smcs; Amax Contracting $227.46
smcs; Anderson Brothers $119.34 smcs; Anderson,R $187.20 smcs; Apple Market
$9.28 smcs; Armor Holdings $63.50 smcs; AWWA $470.00 smcs; B&B Auto Glass
$557.55 smcs; Baker & Taylor $830.05 smcs; BBC Audiobooks $376.42 smcs; Beckenhauer,T
$271.50 smcs; Bennett,T $1,102.50 smcs; Big Flag $62.80 smcs; Blessing
$216,602.65 co; Blevins,D $195.00 smcs; Bluecross Blueshield $39,383.09 smcs;
Bob's Super Store $81.45 smcs; Bosselman $226.76 smcs; Brown,A $228.13 smcs;
BSB Construction $94,149.47 co; Buffalo Air Service $4,660.00 smcs; Buffalo Co
Court $172.16 smcs,ps; Buffalo Co Reg of Deeds $77.00 co; Buffalo Co Sheriff
$25.00 smcs; Builders $70.31 smcs; Butler,J $31.25 smcs; Cash-Wa $23.95 smcs;
Central Fire $234.70 smcs; Central Health District $2,878.00 smcs; Central NE
House Doctor $3,600.00 smcs; CHAD $16.00 ps; Charter $43.55 smcs; Charter
Paging $22.46 smcs; Chesterman $78.18 smcs; Chief Industries $28,827.45 co;
City of Ky $171,807.91 smcs,ps; City of Salina $889.44 ps; Clark Enersen
Partners $10,881.37 co; College Savings Plan of NE $50.00 ps; Compass GSE
$3,620.00 smcs; Conseco Life Insurance $38.00 ps; Copycat Printing $118.85 smcs;
Crushers $24,010.46 co; Dawson Co PPD $26,312.91 smcs; Dell $1,413.62 co; Dept
of Correctional Serv $2,100.00 smcs; Dept of the Treasury $13.27 ps; Designer
Craft $4,728.70 smcs; Diamond Vogel $24.41 smcs; Dobberstein Roofing $3,450.00
co; Double M Farms $2,000.00 smcs; DPC $9,112.60 smcs; Dreyer,D $217.24 smcs;
Eagle Integrated Solutions $5,960.00 smcs; Eakes $2,962.32 smcs,co; Ed Roehr
Safety Products $1,231.08 smcs; EDM Equipment $177.02 smcs; Elliott $4,324.08 smcs;
Evans,M $60.00 smcs; Fairbanks $3,866.29 smcs; Faz,A $128.00 smcs; Fireguard
$386.46 smcs; Frontier $783.34 smcs; Galls $36.21 smcs; Gaylord Brothers
$247.72 smcs; General Binding $1,552.92 smcs; H.W. Wilson Company $286.00 smcs;
Haupt,J $35.00 smcs; Hayden,S $44.56 smcs; Highsmith $68.34 smcs; Hinrichs,S
$23.42 smcs; Hoehner Turf $6,475.00 co; Holiday $93.61 smcs; Holmes Plumbing
$1.80 smcs; Humphrey,D $321.50 smcs; Hydrologic $175.00 smcs; ICMA RC $2,422.50
ps; IRS $85,851.66 ps; Jefferson Co Public Library $72.00 smcs; John Deere
Credit $11,125.33 ds; Johnsen Corrosion $1,976.64 smcs; Ky Area United Way
$586.36 ps; Ky Chamber of Comm $14,997.37 smcs; Ky Concrete $10,932.72 smcs,co;
Ky Implement $478.53 smcs; KVFD $2,000.00 smcs; Kelly Supply $1,095.29 smcs; Kirkham
Michael $7,760.57 co; Kirkwood,M $187.20 smcs; Kolar,J $128.00 smcs; Kooyman,R
$200.00 ps; Kossman,K $100.00 smcs; Kowalek,G $271.50 smcs; Lasertec of NE
$439.82 smcs; Laughlin,K $360.00 ps; Linweld $36.22 smcs; Lochland Country Club
$1,400.88 smcs; Loescher,S $80.00 smcs; Magic Cleaning $850.00 smcs; Mattley
Advertising $412.95 smcs; MDI $655.96 smcs; MES $184.71 smcs; Metlife $4,067.65
ps; Michael Todd $888.21 smcs; Micromarketing $33.96 smcs; Midlands Contracting
$32,257.00 co; Mid-State Engineering $75.00 smcs; Miller & Associates
$53,073.57 smcs,co; Mosbarger,B $200.00 ps; Municipal Supply $791.27 smcs;
Nat'l Paper Supply $128.34 smcs; NWWA $11,990.55 smcs; NE Child Support
$1,206.97 ps; NE Dept of Revenue $87,234.27 smcs,ps; NE Health Lab $23.00 smcs;
Newman Traffic Signs $22.50 smcs; Northwest Electric $705.04 smcs; Northwestern
Energy $1,232.82 smcs; Nuttelman Fencing $422.06 smcs; Office Depot $564.89 smcs;
Officenet $160.95 co; O'Keefe Elevator $390.75 smcs; Paul A. Otto Curb Grinding
$54.00 co; Paulsen $167,261.94 co; Payflex Systems $378.25 ps; Plasti-Fab
$16,465.00 co; Platte Valley Comm $5.95 smcs; Platte Valley State Bank $100.00 smcs;
Police Office Assoc of NE $490.00 smcs; Postmaster $688.00 smcs; Presto-X
$219.00 smcs; Professional Network $6,335.10 co; Public Agency Training $550.00
smcs; Push Pedal Pull $27.49 ds; Quill $163.07 smcs; Random House $874.00 smcs;
Recorded Books $481.59 smcs; Regional Books $33.04 smcs; Rodiek,D $60.00 smcs; Sage,P
$42.18 smcs; Sagebrush Corp $731.34 smcs; See Clear Cleaning $1,900.00 smcs;
Senior Hospitality Center $10,337.00 smcs; Showcases $1,039.20 smcs; Siemens
Airfield $3,007.20 smcs; Sirchie $253.77 smcs; Smithsonian $29.95 smcs; Snap-On
Tools $895.00 smcs; Solid Waste Equipment $2,784.00 smcs; St. Lukes Good
Samaritan $35,394.00 smcs; State of Nebraska DAS $19.02 smcs; Stover,J $5.00 smcs;
Stuehm,A $31.25 smcs; Suchsland,T $5.96 smcs; Summit Heating $934.02 smcs; Supershine
$119.00 smcs; Tailor Bills $292.88 smcs; Thomas,P $75.94 smcs; Thome,B $78.00 smcs;
Thompson Publishing $53.78 smcs; Thomson Gale $56.15 smcs; Tigerdirect
$4,796.50 smcs,co; Tokay Software $430.00 smcs; Tool Doctor $31.50 smcs; Tracy,K
$260.70 smcs; Tye & Rademacher $8,352.20 smcs; U.S. Toy Company $34.99 smcs;
Van Diest $1,172.00 smcs; Video Service of America $27.44 smcs; Video Store
Shopper $683.08 smcs; Village Uniform $305.32 smcs; Visionary Systems $1,190.00
smcs; Walton,T $210.70 smcs; Warrington,D $271.50 smcs; Washington State
Support $102.00 ps; Water Products $1,778.55 smcs; Wellman,P $23.96 smcs;
Western Security Services $500.00 smcs; Yellow Van Cleaning $175.50 smcs;
Payroll Ending 10-29-2005 -- $262,155.04. The foregoing schedule of claims
is published in accordance with Section 19-1102 of the Revised Statutes of
Nebraska, and is published at an expense of $_________ to the City of Kearney.
3. Approve
the bids received for the lease/purchase of a Side Load Refuse Compactor Truck
for the Utilities/Sanitation Department and award the bid to Wick’s Sterling
Trucks in the amount of $153,015.00.
4. Approve
the bids received for the lease/purchase of a 5-Cubic Yard Dump Truck,
Spreader, Snow Plow and Snow Plow Hitch for the Public Works/Transportation
Department and award the bid to Nebraska Truck Center in the amount of $99,080.00.
5. Approve
the bids received for the lease/purchase of a Four Wheel Pure Vacuum Type
Street Sweeper for the Public Works/Transportation Department and award the bid
to EDM Equipment Company in the amount of $137,425.00.
6. Approve
the Government Lease-Purchase Supplement to the Master Lease Agreement between
the City of Kearney and Wells Fargo Bank and approve
Resolution No. 2005-192.
RESOLUTION
NO. 2005-192
BE IT RESOLVED by the President and
City Council of the City of Kearney, Nebraska as follows:
1. The Governmental Supplement to the
Master Lease or Supplements thereto and the Escrow Agreement, if any, are
hereby approved substantially in the form presented to the City Council and on
file in the office of the City Clerk.
2.
The President of the
Council is hereby authorized to execute the Supplement to the Master Lease or
Supplements thereto on behalf of the City of Kearney, and to execute such other certificates and documents as
may be necessary and appropriate to effectuate the transactions contemplated by
the Supplement to the Master Lease or Supplements. The Supplement to the
Master Lease or Supplements and the related documents may contain such
necessary and appropriate variations, omissions and insertions as the President
of the Council shall determine to be necessary, and the execution thereof by
the President of the Council shall be conclusive evidence of such determination
and its approval by the Council.
3. Lessee reasonably anticipates that
it will not issue tax-exempt obligations (not including “private activity
bonds” as defined in Section 141 of the Internal Revenue Code of 1986, as
amended) in an aggregate amount in excess of ten million dollars during the
calendar year in which the Lease commences. The lease is designed as a
qualified tax-exempt obligation for purposes of Section 265(b)(c) of the Internal
revenue Code of 1986, as amended, relating to deductibility of interest by
financial institutions.
BE IT FURTHER RESOLVED that all
resolutions and parts of resolutions in conflict herewith are hereby repealed.
PASSED AND APPROVED THIS 8TH DAY OF
NOVEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
7. Approve
the purchase of equipment and to obtain financing through the issuance of
tax-exempt lease and approve Resolution No. 2005-193.
RESOLUTION
NO. 2005-193
WHEREAS, the City of Kearney, a municipal corporation, has determined to
proceed with a project (the “Project”), generally consisting of the purchasing
of various equipment and intends to obtain financing with respect to the
Project at least on part through the issuance of tax-exempt debt;
WHEREAS, the City desires that all permitted Project costs paid prior to the
issuance of tax-exempt obligations qualify for reimbursement from the proceeds
of issuance of such tax-exempt obligations under Treasury regulations.
NOW, THEREFORE, BE IT RESOLVED by
the President and City Council of the City of Kearney, Nebraska, that
1. It is desirable that certain
expenditures for or relating to the Project be incurred and paid prior to the
issuance of tax-exempt obligations to finance such expenditures;
2.
Such expenditures are
expected to be made in the foreseeable future with respect to the Project, and
they generally consist of payments to vendors for equipment;
3. The City reasonably expects to
reimburse the above-described expenditures by incurring debt in the form of
tax-exempt obligations in an amount not exceeding $389,520.00 and reasonably
expects that actual project costs to be reimbursed from such proceeds will
probably be less, depending on the date on which such obligations are issued
and the completion schedule for the Project;
4. No funds (from sources other than
such debt) are, or are reasonably expected to be, allocated on a long-term
basis, reserved or otherwise set aside pursuant to the City’s budget or
financial policies for such expenditures at this time;
5. In connection with the Project,
authority is hereby specifically conferred on the President of the Council of
the City to make such further declarations of official reimbursement intent on
behalf of the City as may be necessary or desirable and as may be consisted
with then-existing budgetary and financial circumstances of the City; and
6. This Declaration of Official
Reimbursement Intent is made under Section 1.150-2 of Treasury Regulations
issued by the Internal Revenue Service and shall be available for public
inspection at the City’s principal offices.
BE IT FURTHER RESOLVED that all resolutions
and parts of resolutions in conflict herewith are hereby repealed.
PASSED AND APPROVED THIS 8TH DAY OF
NOVEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
8. Approve
the Developer Constructed Infrastructure Agreement between the City of Kearney and NP Land Development, Inc. and
Nebraska National Bank for the construction of paving, water and sewer
improvements for Stoneridge Sixth Addition (Avenue L from a cul-de-sac south of
60th Street to the cul-de-sac north of 63rd Street) and approve Resolution No.
2005-194.
RESOLUTION
NO. 2005-194
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the agreement entitled “Developer Constructed Infrastructure Agreement”
for Stoneridge Sixth 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 NP Land Development, Inc. and Nebraska National Bank to construct
paving, water and sewer improvements for Avenue L from a cul-de-sac south of 60th Street to the cul-de-sac north of 63rd Street 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 8TH DAY OF NOVEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
9. Accept
the sanitary sewer and water improvements for Lot 1 and part of Lot 2, Marianne Hunt Addition to the
City of Kearney, Buffalo County, Nebraska (Aspen Falls Condominium) that was
constructed under a Developer Constructed Infrastructure Agreement and approve
Resolution No. 2005-195.
RESOLUTION
NO. 2005-195
WHEREAS, on the 12th day of October, 2004, the President and Council of the
City of Kearney, Nebraska passed and approved Resolution No. 2004-194
authorizing the President of the Council to execute the Developer Constructed
Infrastructure Agreement between the City of Kearney and McElhinny Buildings,
Inc. for the installation of sanitary sewer and water main infrastructure for
Lot 1 and part of Lot 2, Marianne Hunt Addition to the City of Kearney, Buffalo
County, Nebraska; and
WHEREAS, the Developer has constructed the public improvements which include
water and sanitary sewer in accordance with the requirements and standards set
forth in Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public
Works” of the Code of the City of Kearney; and
WHEREAS, in accordance with Section 9-1318 “Acceptance of Article 13 “Developer
Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City
of Kearney the Developer has, by and through its attorney, certified to the
City that there are no liens or other encumbrances against the construction
work; and
WHEREAS, the City’s Engineers have determined that the work is in compliance
with the design and is complete.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF
KEARNEY, NEBRASKA, that the public improvements which include water and
sanitary sewer for Lot 1 and part of Lot 2, Marianne Hunt Addition to the City
of Kearney, Buffalo County, Nebraska have been constructed in accordance with
Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works”
of the Code of the City of Kearney and that the said public improvements be and
are hereby accepted.
PASSED AND APPROVED THIS 8TH DAY OF NOVEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
10. Approve the
application for a Special Designated License submitted by JUAN LAZO, dba “El Tropico”
in connection with their Class IB37623 liquor license to dispense beer and
distilled spirits in the Exposition Building located at the Buffalo County Fairgrounds, 3807 Avenue N,
on November 27, 2005 from 3:00 p.m. until 12:00 a.m. for
a Mexican dance.
11. Approve the
application for a Special Designated License submitted by EXPRESSIONS CATERING,
dba “Paradise Cove” in connection with their Class CK58433 catering liquor
license to dispense beer, wine and distilled spirits in the Extension Building located at the Buffalo County Fairgrounds, 1400 East 34th Street, on November 26, 2005 from 3:00
p.m. until 1:00 a.m. for a wedding reception.
14. Approve the
application for a Special Designated License submitted by The Kearney Volunteer
Fire Department to dispense beer, wine and distilled spirits in the Extension Building located at the Buffalo County Fairgrounds, 1400 East 34th Street, on December 3, 2005 from 6:00
p.m. until 1:00 a.m. for a dance.
V. CONSENT
AGENDA ORDINANCES
None.
VI. REGULAR
AGENDA
ORDINANCE NO. 7223 - REZONING – NORTH OF 50TH STREET AND WEST OF 22ND AVENUE
Council Member Hadley introduced Ordinance No. 7223, being
Subsection 1 of Agenda Item VI to rezone from
“District AG, Agricultural District” to “District R-1, Urban Residential
Single-Family District (Low Density)” property described as a tract of land
being part of the Southwest Quarter of the Northeast Quarter of Section 27,
Township 9 North, Range 16 West of the 6th P.M., containing 10959.77 square
feet, more or less, Buffalo County, Nebraska (north of 50th Street and west of
22nd Avenue), and moved that the statutory rules requiring ordinances to be
read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the
number of the ordinance on its first reading and then upon its final
passage. Council Member Kearney seconded the motion to suspend the rules.
President of the Council asked for discussion or if anyone in the audience was
interested in the ordinance. No one responded. Clerk called the roll which
resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared
passed and adopted. City Clerk read Ordinance No. 7223 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion
carried. Ordinance was read by number.
Moved by Kearney
seconded by Clouse that Ordinance No. 7223 be passed, approved and published as
required by law. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay:
None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7223 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. 7224 – VACATE LOT 1, STONERIDGE SECOND ADDITION
Council Member Hadley introduced Ordinance No. 7224, being
Subsection 2 of Agenda Item VI to vacate Lot 1, Stoneridge Second Addition, an
addition to the City of Kearney, Buffalo County, Nebraska (west side of Avenue
N and south of 60th Street), and moved that the statutory rules requiring
ordinances to be read by title on three different days be suspended and said
ordinances be considered for passage on the same day upon reading by number
only, and then placed on final passage and that the City Clerk be permitted to
call out the number of the ordinance on its first reading and then upon its
final passage. Council Member Kearney seconded the motion to suspend the
rules. President of the Council asked for discussion or if anyone in the
audience was interested in the ordinance. No one responded. Clerk called the
roll which resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None.
Motion to suspend the rules having been concurred in by three-fourths of the
City Council, said motion was declared passed and adopted. City Clerk read
Ordinance No. 7224 by number. Roll call of those in favor of the passage of
said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse,
Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by
number.
Moved by Kearney
seconded by Clouse that Ordinance No. 7224 be passed, approved and published as
required by law. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay:
None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7224 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
OPEN ACCOUNT CLAIMS; NEBRASKA PUBLIC POWER DISTRICT -
$3,453.27; FREMONT NATIONAL BANK - $37,868.47; SCHOOL DISTRICT #7 - $7,824.35
Moved by Buschkoetter seconded by Hadley that Open Account
Claims in the amount of $3,453.27 payable to Nebraska Public Power District,
and in the amount of $37,868.47 payable to Fremont National Bank be allowed.
Roll call resulted as follows: Aye: Hadley, Buschkoetter, Kearney. Nay: None. Clouse and Lear
abstained. Motion carried.
Moved by Hadley seconded by Kearney that the Open Account Claim in the amount of $7,824.35
payable to School
District #7 be
allowed. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Lear. Nay: None. Buschkoetter
abstained. Motion carried.
VII. REPORTS
UPDATE ON
THE NORTHWEST WELLFIELD
Director of Utilities Kirk Stocker stated they asked the NRD
to use the cooperative hydraulic study model that has been discussed for a long
time here in Nebraska to evaluate the northwest wellfield.
Their plan going into this northwest wellfield was to have a redundant supply
for their single source Platte River wellfield in case of some type of power outage, emergency
or contaminant spill. The 1997 Water System Facility Plan suggested that
the City should try to site a redundancy supply that would pump a maximum daily
capacity of seven million gallons per day. They estimated that would be
our normal winter consumption in approximately the year 2015. They tried to
site the wellfield according to all of the best science that they could
apply.
Regarding the NRD study, per the citizens request, they
calculated what the impact would be if the City pumped the wellfield seven
million gallons a day x 365 days a year, which he believed was a very unlikely
scenario. That evaluation shows that it would draw down the water table
in the area approximately 75 to 80 feet from its normal level. There are
very few wells in the vicinity. They did evaluate the impact of the wells
would be at a 4-million gallon capacity year around and believed that the City
would not be impacting at that rate. They did not evaluate them at the 75
to 80 foot level, but it appears that the City should be pretty good at that
scenario. The important thing to remember about that area is that it is
rolling pasture land, most any additional well development will be for
residential wells that would pump 5-10-15 gallons per minute.
The City’s average daily consumption over the past two years
has approached 6.8 to 7 million gallons a day. In the winter, the City
consumes about 4-5 million gallons, depending what is going on with the weather.
The City is permitted to pump 24.6 million gallons per day from the current wellfield.
The City does have additional wells that it could pump a little over 25 million
gallons per day. With the current drought conditions, the City had a
hydraulic model completed on the wellfield quite some time ago, which showed
with no flow in the river (the river flow refills the aquifer) that the City
could only produce a little over 14 million gallons a day after 140 days of no
flow in the river.
In the summer of 2004, he recalled that the City had 120
days of no river flow. This is what the City hopes to gain from this
northwest wellfield. The summer demand is a little over 16 million
gallons. One thing that he was happy to report was the all time peak day
was in 1988 when the City pumped 19 million gallons of water. He believed
that monthly billing for water has helped residents keep in touch with how much
water they are using. They have done a good public information campaign
on how much water a lawn really needs and underground sprinkler systems have
helped apply the water appropriately.
City Manager stated that a point of clarification that came
out of the meetings that might not have been totally understood is that the
City of Kearney is no different than any other user
of water. The City is permitted by the State and it is only allowed to
use what is permitted. If the City has a negative impact on a previous
well, like any other user, the City is responsible and there is action that can
be taken. There is also action that the City can take against someone who
minimizes what it should be able to gain from our well.
Director of Utilities stated that another concern of people
in the area was wellhead protection. The City does have wellhead protection
at our Platte River wellfield through our City zoning ordinance within the
City’s two-mile extra-territorial jurisdiction. The reason for well head
protection is that it is only 9-10 feet to static water level. The base
of the aquifer is only 60 feet deep. Title 179 of the Nebraska
Administrative Code governs public water supply systems and they require that
the City maintain a horizontal distance of 1,000 feet from a public supply well
to any other well. With that in mind in trying to site the northwest well
field, they wanted to get a location that was protected from surface water
contamination. This location that was selected is approximately 100 feet
more to the static water level and about 270-300 feet saturated thickness for
the City to pump from. To avoid well head protection and impact on
neighboring properties, the City is acquiring 800 acres to get the well sited
and minimize that 1,000-foot radius from crossing our property boundary.
Council member Kearney stated that he had several people ask why the City was going west with
the wellfield. He stated that was answered by the presentation showing
that the Ogallala Aquifer under Kearney and the river is very shallow and the further west you go the deeper it
gets which makes it easier to pull up the water. Director of Utilities
stated that the City took a lot of time and put down at least 28-30 test wells
to determine the site.
One of the first things they did in the site selection
process was to look at land uses and other well locations. They found
that directly north and east of the City with intensive farming there was
intensive irrigation development which would probably not allowed the
1,000-foot spacing requirement and had impact on more property. At the
site chosen, the City is able to acquire 800 acres in two tracts of land with
rolling pastures with minimal row crop agriculture around it. The City
wanted to avoid interrupting irrigation or being susceptible to contamination
of ground water.
TOWNHALL
MEETING REMINDER
City Manager stated that November 9th is the next Townhall
meeting at 7:00 p.m. in the Council Chambers. He
and some of the staff will be on “Talk of the Town” on the radio answering questions
regarding the sales tax issue. The special election on the sales tax will
be held on Tuesday, November 15th and encouraged citizens to call the City
Manager’s office with any questions.
VIII. ADJOURN
Moved by Buschkoetter seconded by Hadley that Council adjourn
at 7:41 p.m. Roll call resulted as follows: Aye:
Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion
carried.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK