Kearney, Nebraska
April 25, 2006
7:00 p.m.
A meeting of the City Council of
Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on April
25, 2006, in the Council Chambers at City Hall. Present were: Randy
Buschkoetter, Vice-President of the Council; Michaelle Trembly, City Clerk;
Council Members Don Kearney, Stan Clouse, and Bruce Lear. Absent: Galen Hadley.
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:
Bart Langenberg, Joe Carlson, 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
The Council held a moment of
silent prayer.
PLEDGE OF ALLEGIANCE
Boy Scouts from Troop 158 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
AMEND LAND USE MAP – 1790 ANTELOPE AVENUE
Vice-President Buschkoetter
stated that City staff continues to work with the applicant and owner
concerning the development of Pemberton Subdivision for property located at 1790 Antelope Avenue. Therefore, Public Hearings 1, 2 and 3 will remain on the table until
May 9, 2006.
Moved by Kearney seconded by Clouse
to table until May 9, 2006 the hearing on the proposed amendment to the Land
Use Map of the City of Kearney Comprehensive Development Plan from
“Agricultural Preserve” to “Rural Estates” property described as a tract of
land being part of the Northeast Quarter of the Southeast Quarter of Section 6,
Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or
less, Buffalo County, Nebraska (1790 Antelope Avenue). Roll call resulted as
follows: Aye: Buschkoetter, Clouse, Kearney, Lear. Nay: None. Hadley absent.
Motion carried.
REZONING – 1790 ANTELOPE AVENUE
Vice-President Buschkoetter
stated that City staff continues to work with the applicant and owner
concerning the development of Pemberton Subdivision for property located at 1790 Antelope Avenue. Therefore, Public Hearings 1, 2 and 3 will remain on the table until
May 9, 2006.
Moved by Kearney seconded by Clouse
to table until May 9, 2006 the hearing on the proposed amendment to the Land
Use Map of the City of Kearney Comprehensive Development Plan from
“Agricultural Preserve” to “Rural Estates” property described as a tract of
land being part of the Northeast Quarter of the Southeast Quarter of Section 6,
Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or
less, Buffalo County, Nebraska (1790 Antelope Avenue). Roll call resulted as
follows: Aye: Buschkoetter, Clouse, Kearney, Lear. Nay: None. Hadley absent.
Motion carried.
FINAL PLAT – PEMBERTON SUBDIVISION
Vice-President Buschkoetter
stated that City staff continues to work with the applicant and owner
concerning the development of Pemberton Subdivision for property located at 1790 Antelope Avenue. Therefore, Public Hearings 1, 2 and 3 will remain on the table until
May 9, 2006.
Moved by Kearney seconded by Clouse
to table until May 9, 2006 the hearing on the proposed amendment to the Land
Use Map of the City of Kearney Comprehensive Development Plan from
“Agricultural Preserve” to “Rural Estates” property described as a tract of
land being part of the Northeast Quarter of the Southeast Quarter of Section 6,
Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or
less, Buffalo County, Nebraska (1790 Antelope Avenue). Roll call resulted as
follows: Aye: Buschkoetter, Clouse, Kearney, Lear. Nay: None. Hadley absent.
Motion carried.
AMENDMENTS TO OFFICIAL ZONING MAP
OF THE CITY OF KEARNEY
Vice-President Buschkoetter opened
the public hearing on the proposed amendments to the Official Zoning Map of the
City of Kearney and to consider approval of Resolution No. 2006-57.
Director of Public Works Rod
Wiederspan presented this matter to the Council. Since the ICMU zoning will no
longer exist once the code amendments are effective (April 26), the area along
the interstate that is currently zoned ICMU needs to be rezoned to some other
zoning district(s). Staff has prepared a proposed amendment to the Official
Zoning Map of the City of Kearney where the large expanse of light purple which
currently represents ICMU will be replaced with a combination of five different
zoning categories. The proposed zoning is based on a combination of four
considerations:
1. Precedent
set by the Future Land Use Map of the City of Kearney Comprehensive Development
Plan
2. Existing
land uses
3. Meetings
of the IC-MU Task Force
4. Meetings
with property owners in the area that is currently zoned IC-MU
The five zoning categories are
taken from the Unified Land Development Ordinance and are in use across the
community. The districts include:
- District AG - Agricultural
- District RR-1 - Rural
Residential (Rural Standards)
- District R-1 - Urban
Single-Family Residential (Low Density)
- District C-2 – Community
Commercial
- District M-1 – Limited
Industrial
The proposed zoning map was
presented at the Planning Commission hearing last month, was continued, and
then once again presented on April 21. Although the Langenberg’s testimony is
in favor of reverting the zoning to M-1, staff believes that M-1 would not be
in the best interest of the community. A compromise zoning category of RR-1, Rural
Residential District (Rural Standards) is being offered by the staff so that
the property can be marketed as a rural homesite, similar to the homes just
west of the Langenberg property. This compromise would allow more use of the
property than it can currently be used for as a nonconforming use limited to
storage inside of the existing metal building. The Planning Commission
comments explain this situation and more in greater detail.
Director of Public Works stated
that at the last meeting a number of Code changes removed the ICMU zoning
district from the Code. Since the ICMU zoning was removed, it was necessary to
replace that district with zoning for that area. Meetings were held with the
property owners in that area for both the Code amendments and the zoning map
changes to work through the issues. Bart Langenberg was the only property
owner who was opposed to zoning a piece of his property which sits on the south
side of the Interstate. Planning Commission recommended that it be rezoned to
agricultural but the owner wants it to be zoned M-1.
Planning Commission tried to
compromise and give Mr. Langenberg an RR-1 zoning which would allow him to
build a single family dwelling on that 5-acre parcel. Currently, this piece of
property is a nonconforming use. It was originally zoned M-1 prior to the ICMU
zoning coming into place. The ICMU zoning converted it over to M-1 and has
continuously been used as indoor storage, which is where the nonconforming use
came into play. It can continue to be used as nonconforming indoor storage
only as long as this owner continues to use it as indoor storage, he can
continue that operation. If the building would stand idle for 12 months or if
the building would happen to be destroyed by an act of nature, he would not be
able to rebuild it and it would lose its nonconforming status.
Council member Kearney pointed
out that it has not been zoned M-1 since March 1999 and it was not zoned M-1
when Bart and Darla Langenberg purchased it in March 13, 2000. Director of
Public Works explained that it was not zoned as M-1, but had been continuously
used as M-1. When the property changed hands, the nonconforming went with it
because as far as he knew, the property has continuously been used as M-1. Mr.
Langenberg could sell the property and if the buyer continues with the indoor
storage that use stays with it. If Mr. Langenberg wanted to expand it, he
could not have other uses that would be allowed in an M-1 zone. M-1 is light
industry, indoor or cold storage. In a standard M-1 zone, storage of vehicles
is allowable as long as they are operable but vehicles cannot be dismantled or
salvaged.
Bart Langenberg, 318 Huron Drive, stated that when he purchased the property, he was under the assumption
that it was zoned M-1. After reviewing the records, he found that it shows in
1999, it was rezoned ICMU. He was a tenant at that location from 1994 to
present. There has been no complaint about the indoor storage to date. He
would remain nonconforming and continue to use it for indoor storage but the
proposal is to rezone to agricultural. He believed that since it was M-1 prior
to the ICMU zoning and should revert back to M-1. His understanding is that
other properties in the district are reverting back to their original zoning. He
believed that the agricultural zoning puts a lot of restrictions on him with
the well head protection plan that limits the property to a lot of different
things. Council member Lear stated that the well head protection applies to
any use because it must be done.
Council member Buschkoetter asked
what the reason was to propose this as AG rather than M-1. Director of Public
Works responded that under the ICMU it was an ICMU-AG zone. They did not go
back to the prior zoning, but to what the Comprehensive Land Use Map defines how
the area needs to be zoned or what the current use is. If the current use was
an R-1 zone and the comp zone shows it could be a C-2 then we would zone it by
request of the property owner to a C-2 even though it is used as an R-1. They
tried to come as close to the Comp Plan as they have now or with the existing
land use if it matched the Comprehensive Land Use Map. This particular piece
in the Comprehensive Land Use Map shows it as agricultural and the M-1 would not
fit in an agricultural zone. One of the other options that the Planning
Commission offered, is to zone it to a RR-1 (rural large lot with the five
acres), which would give it the ability to keep the M-1 use now under the AG
zone or build a single family home on the five acres. In an AG zone, you
cannot build a house unless there is 40 acres. Since this was a previously
parceled out piece on five acres, Planning Commission was willing to give them
that option.
Moved by Clouse seconded by Lear
to close the hearing and approve the proposed amendments to the Official Zoning
Map of the City of Kearney and approve Resolution No. 2006-57. Roll call
resulted as follows: Aye: Buschkoetter, Kearney, Lear, Clouse. Nay: None. Hadley
absent. Motion carried.
RESOLUTION NO.
2006-57
WHEREAS, Ordinance
No. 6864, passed and approved by the Kearney City Council on March 12, 2002
adopted the City’s Official Zoning Map as of April 15, 2002; and
WHEREAS, in
accordance with Section 14-106 “Zoning Map” of Chapter 14 “Zoning District
Regulations” of the Kearney City Code, the City Council may from time to time
adopt a new official zoning map which shall supersede the prior official zoning
map, in the event that the official zoning map becomes damaged or destroyed; or
for purposes of clarity due to a number of boundary changes, or to correcting
drafting errors or omissions; and
WHEREAS, it is
necessary to amend the Official Zoning Map dated December 2004 and to adopt a
new zoning map due to the number of boundary changes on the current zoning map.
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
that the Official Zoning Map dated December 2004 as passed and approved by the
City Council by Resolution No. 2004-243 on December 28, 2004 be and is hereby
amended.
BE IT FURTHER
RESOLVED that the City’s Official Zoning Map as of April 25, 2006 be and is
hereby adopted. A condensed version of the Official Zoning Map is marked as
Exhibit “A” attached hereto and made a part hereof by reference. The full
version of the Official Zoning Map is filed in the Office of the Public
Works/Building and Zoning Division.
PASSED
AND APPROVED THIS 25TH DAY OF APRIL, 2006.
ATTEST: RANDY
BUSCHKOETTER,
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY
CLERK
IV. CONSENT AGENDA
Council member Lear abstained
from voting on Subsection 11 for the reason he is the conservator for one of
the property owners.
Moved by Buschkoetter seconded by
Kearney that Subsection 11 of Consent Agenda Item IV be approved. Roll call
resulted as follows: Aye: Buschkoetter, Clouse, Kearney. Nay: None. Lear
abstaining. Hadley absent. Motion carried.
11. Approve
setting May 9, 2006 at 7:00 p.m. as time and date for the Board of Equalization
to determine a connection fee in the amount of special benefits accruing to the
property in the districts which fee shall be paid to the City at the time such
property becomes connected to the water and/or sewer line for Sewer Connection
District Nos. 2004-1, 2004-2A, 2004-3, 2004-4A, 2004-5, 2004-6, 2004-7; Water
Connection District Nos. 2004-1, 2004-2A, 2004-3A, 2004-4, 2005-1, 2005-2,
2005-3.
Moved by Lear
seconded by Buschkoetter that Subsections 1 through 10 of Consent Agenda Item
IV be approved. Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney,
Lear. Nay: None. Hadley absent. Motion carried.
1. Approve
Minutes of Regular Meeting held April 11, 2006 and the Minutes of the Meeting
held on April 18, 2006.
2. Approve
the following Claims: 3M $18,855.24 smcs; A Affordable Travel $105.00 smcs;
Abby,B $15.00 smcs; Ace Hardware $36.15 smcs,co; Ace Irrigation $817.66 smcs;
Adamson,B $1,079.00 smcs; Advance Auto Parts $113.52 smcs; Agro $900.00 smcs;
Air Purifier Repair $202.85 smcs; Alamar $4,521.18 smcs,ps; All Breakers
$1,721.66 smcs; All Flags $323.73 smcs; Allied Electronics $189.38 smcs; Alltel
$63.89 smcs; Alsco Industrial $461.92 smcs; Amazon $3,154.14 smcs; Amer
Electric $216.70 smcs; Amer Library Assn $97.80 smcs; Amherst Public Schools
$75.00 smcs; Andersen Wrecking $12.80 smcs; Anixter $331.31 co; Ask Supply
$157.50 smcs; Ayers Distributing $129.00 smcs; Baker & Taylor $4,947.90
smcs; Barco Municipal $119.33 smcs; Barney Abstract $720.00 co; BBC Audiobooks
$57.00 smcs; Bermuda Self Storage $852.51 smcs; Blackstone Audiobooks $113.85
smcs; Bluecross Blueshield $163,980.43 smcs; Bobs Super Store $173.75 smcs;
Bosselman $900.00 smcs; Broadfoot's $12,246.23 smcs,co; Brown Traffic Products
$58.54 smcs; Buffalo Co Reg of Deed $26.00 smcs; Buffalo Co Treasurer $2,639.81
co; Builders Warehouse $2,699.02 smcs,co; Buller Fixture $356.12 smcs; Byrne,D
$9.90 smcs; Cash-Wa $700.33 smcs,co; CBA Lighting $351.00 smcs; Central Auto
Electric $11.16 smcs; Central Community College $198.00 smcs; Central Hydraulic
Systems $6,303.80 smcs; Central NE Bobcat $39.00 smcs; Central Platte NRD
$32,466.03 co; Centurion Technologies $58.00 smcs; Certified Power $1,621.00
smcs; Charter Comm $54.99 smcs; Chief Industries $118,777.39 co; Chief Supply $104.94
smcs; City of Ky $84,939.10 smcs,ps; Clearfield Company $118.95 smcs; College
Savings Plan of NE $50.00 ps; CO Truck Equipment $18.16 smcs; Commontimecom
$39.76 smcs; Computer Hardware $109.90 co; Consolidated Electrical $1.37 smcs;
Construction Rental $30.80 smcs; CopQuest Public Safety $127.45 smcs; Copycat
$3,598.33 smcs; Crossroads Ford $723.05 smcs; Crushers $4,900.00 smcs; Culligan
$34.20 smcs; Cummins Central Power $490.86 smcs; Custom Products $609.67 smcs;
Danielson,S $498.13 smcs; Davis Instruments $180.00 co; Dawson Co PPD
$10,163.51 smcs; Deeter Foundry $527.00 smcs; Dell $739.00 smcs,co; Depository
Trust $166,551.25 ds; Dept of the Treasury $18.01 ps; Designer Craft $3,271.00
co; Development Council $50,000.00 smcs; Diamond Vogel $32.16 smcs; Dowling,J
$9.63 smcs; Duffy,J $58.73 smcs; Dultmeier Sales $133.63 smcs; Dutton-Lainson
$228.49 smcs,co; Eakes Office $2,625.52 smcs,co; Earl May $59.95 smcs; Ecolab
$29.00 smcs; EDM Equipment $1,360.68 smcs; Elliott Equipment $1,787.53 smcs;
Elliott,J $366.00 smcs; Engels,D $232.50 smcs; Enslow Publishers $56.85 smcs;
Eustis Body Shop $130.00 smcs; Fairbanks Int'l $2,364.36 smcs; Fastenal $662.58
smcs; Fastmart $65.00 smcs; Fedex $138.67 smcs; Feltz,B $15.00 smcs; Fireguard
$737.91 smcs; Firehouse Subscription $78.00 smcs; Focused Technology $219.00
smcs; Frontier $8,184.08 smcs; Frontierair $603.30 smcs; G. Neil $180.42 smcs;
Garrett Tires $3,247.29 smcs; Garringer,L $15.00 smcs; Gary's I-80 $235.00
smcs; General Traffic Controls $150.31 smcs; Grainger $945.66 smcs,co; Grand
Central IGA $33.23 smcs; Great Plains One Call $328.05 smcs; Groves,M $15.00
smcs; H&H Distributing $369.60 smcs; Harbor Freight $68.98 smcs; Harley
Davidson $18,433.01 smcs,co; Hastings-Entertainment $60.00 smcs; Heiman $2,612.98
smcs,co; Highsmith $81.58 smcs; Holmes Plumbing $301.65 smcs,co; Hometown
Leasing $248.23 smcs; Hotsy Equipment $157.02 smcs; Hydrologic $175.00 smcs;
ICMA RC $2,681.52 ps; IRS $93,673.29 ps; Int'l Code Council $1,018.25 smcs;
ISDN $188.25 smcs; Jack Lederman $2,076.89 smcs; K&K Parts $203.33 smcs; Ky
Centre Vac $300.00 co; Ky Clinic $863.00 smcs,ps; Ky Concrete $3,635.60
smcs,co; Ky Crete & Block $296.29 smcs,co; Ky Hub $3,124.79 smcs,co; Ky
Humane Society $3,000.00 smcs; Ky Implement $34,041.54 smcs,co; Ky Towing
$195.00 smcs; Ky Visitors Bureau $2,000.00 smcs; Ky Winlectric $16.71 smcs; Ky
Winnelson $44.30 smcs; Kelly Supply $325.60 smcs; KFC $129.00 smcs; Killion
Motors $231.73 smcs; Kirkham Michael $21,984.05 co; Kirk's Korner $225.84 smcs;
Kmart $21.28 smcs; Lang,L $334.14 smcs; Laughlin,K $360.00 ps; Law Enforcement
Training $75.00 smcs; Lawson Products $432.53 smcs; LCL Truck Equipment $105.38
smcs; Lewis,N $183.30 smcs; Lincoln Tent $350.00 smcs; Linweld $125.07 smcs;
Lockmobile $125.00 smcs; Logan Contractors $125.99 smcs; Luke,D $58.50 smcs;
Machines & Media $267.30 smcs; Magic Cleaning $2,950.00 smcs; Mail Express
$140.75 smcs; Marlatt Machine $83.77 smcs; Marshall Cavendish $124.94 smcs;
McDonald's $80.25 smcs; McMaster-Carr $184.52 smcs; Meadowbrook $10,663.00
smcs; Menards $1,476.18 smcs,co; Meridian Library System $10.00 smcs; MES
Mid-America $2,528.49 smcs; Michael Burke $2,100.00 smcs; Michael Todd $251.54
smcs; Mid-NE Lubricants $3,762.00 smcs; Midwest Turf $160.67 smcs; Miller &
Associates $75,457.57 smcs,co; Miller Signs $240.00 smcs; Moonlight
Horseshoeing $50.00 smcs; Morgan,M $160.20 smcs; Mr Automotive $1,648.13 smcs;
MSC Industrial $611.40 smcs; Municipal Pipe Tool $484.14 smcs; Napa All Makes
$2,185.22 smcs; NASRO $475.00 smcs; Nat'l Hole in One $261.00 smcs; Nat'l Park
& Recreation $465.00 smcs; NWWA $2,174.43 smcs; NE Child Support $2,095.32
ps; NE Dept of Environmental $12,687.38 smcs; NE Dept of Revenue $50,865.04
smcs; NE DOL/Boiler Inspection $150.00 smcs; NE Law Enforcement $80.25 smcs; NE
Machinery $1,091.08 smcs; NE Section PGA $20.00 smcs; NE Trails Council $50.00
smcs; NE Truck Center $96,348.00 co; NE Workforce Development $9,310.66 ps;
NEland Distributors $686.80 smcs; New Victorian Inn $149.60 smcs; New World Inn
$182.40 smcs; Newman Signs $26.94 smcs; Nogg Chemical $3,964.47 co; Norm's
Plumbing $267.50 smcs; Northgate Vet $91.00 smcs; Northwest Electric $248.92
smcs; Northwestern Energy $8,111.35 smcs; Norton,B $220.80 ps; NWA Air $590.10
smcs; Office Depot $388.31 smcs; Office Max $1,377.22 smcs,co; Officenet
$558.69 smcs,co; Ohri,R $136.50 smcs; Omaha Fixture $1,143.54 smcs; Omaha PD
$40.00 smcs; O'Reilly $669.85 smcs; Orscheln $518.17 smcs; Outdoor Recreation
$2,817.00 co; Pat's Plumbing $1,050.00 smcs; Payless Building $3.41 smcs;
Paypal $32.50 smcs; PEN Fire Engineer $740.00 smcs; Platte Valley Comm
$7,478.02 smcs,co; Platte Valley Glass $72.00 smcs; Portable Computer Systems
$12,696.00 co; Powerplan $2,319.94 smcs; Precision Industries $526.53 smcs;
Precision Small Engine $370.64 smcs; Premiere Products $273.64 co; Presco Sales
$1,720.00 smcs; Presto-X $140.00 smcs; Proquest Information $2,530.00 smcs;
Purdy,K $47.00 smcs; Quality Inn Suites $110.00 smcs; Quill $338.18 smcs; Radio
Shack $19.99 smcs; Rafferty's $111.35 smcs; Rainbow Book $1,369.41 smcs; Random
House $243.60 smcs; RCL Products $2,916.71 smcs; Ready Mixed Concrete $698.04
smcs; Reams Sprinkler Supply $2,906.07 smcs; Recorded Books $197.35 smcs;
Region 12 ABPA $60.00 smcs; Regional Books $16.46 smcs; REI Wildland Fire
$29.90 smcs; Revere $145.50 smcs; Russ Sasakura Engineering $1,044.65 co;
Russell's Appliance $1,166.00 smcs,co; Sahling Kenworth $434.91 smcs; Salter,J
$156.50 smcs; Sapp Brothers $19,777.20 smcs; Schloss Engineered $803.75 smcs;
S-F Analytical Lab $683.00 smcs; Sherwin Williams $172.88 smcs,co; Shirt Shack
$273.00 smcs; Sid Dillion Wahoo $37,283.00 co; Skillpath Seminars $2,385.00
smcs; Snap-On Tools $6.95 smcs; Solid Waste Agency $37.81 smcs; Sports Imports
$118.80 smcs; Springer Roofing $550.00 smcs; Squad-Fitters $69.00 smcs; State
NE/Dept Aeronautics $2,095.00 er,ds; Stofferson,R $25.00 smcs; Stromberg's
Chicks $122.00 smcs; Summit Heating $335.60 smcs; Superior Signals $772.80
smcs; Superiordoorpartscom $30.95 smcs; SYX Tigerdirect $507.18 smcs,co; Target
$126.82 smcs; Teledyne $348.90 smcs; Thomson Gale $286.53 smcs; Tracer
Electronics $173.07 smcs; Tractor-Supply $1,263.91 smcs; Travelocitycom $24.95
smcs; Tri City Outdoor Power $1,317.60 smcs; Turner Body Shop $500.00 smcs;
Twin City Hardware $161.22 smcs; Unique Books $443.24 smcs; United Rotary Brush
$505.66 smcs; UNK-Human Resources $182.05 ps; UPS $20.63 smcs; Urbanek,G $36.90
smcs; US Bank $346,306.25 ds; USA Blue Book $716.77 smcs; USPS $97.61 smcs;
Vessco $2,105.47 smcs; Wal-Mart $2,533.72 smcs; Weathercraft $515.51 smcs;
Wells Fargo Bank $43,378.13 smcs,ds; West Villa Animal $21.00 smcs; Wilke
Donovan's $325.63 smcs,co; Wineman,J $575.00 smcs; Wingate Inn $253.94 smcs;
WPCI $53.50 ps; Young,J $58.50 smcs; Young,M $29.63 smcs; Zapata,A $15.00 smcs;
Payroll Ending 4-15-2006 -- $262,492.81. 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 May 9, 2006 at 7:00 p.m. as date
and time for hearing on those applications where applicable.
4. Approve
the request from the Downtown Improvement Board on closing Central Avenue from
23rd Street to 24th Street from 8:00 a.m. on Thursday, July 20, 2006, until
3:00 a.m. on Friday, July 21, 2006 for the Classic Rock Super Gig.
5. Approve
the request from the Kearney Volunteer Fire Department to block off Avenue K
from 14th Street to 15th Street AND 15th Street from Avenue I to Avenue K,
including the intersections, on April 29, 2006 from 7:00 a.m. until 3:00 p.m.
for the purpose of performing two training burns at 1400 Avenue K and 911 East
15th Street.
6. Approve
Application and Certificate for Payment No. 5 in the amount of $59,247.22
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. 2006-58.
RESOLUTION
NO. 2006-58
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 Application and Certificate for
Payment No. 5 in the amount of $59,247.22 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
|
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
|
|
Gross Amount Due
|
874,177.15
|
|
Retainage
|
43,708.86
|
|
Amount Due to Date
|
830,468.29
|
|
Less Previous Certificates for
Payment
|
771,221.07
|
|
Current Payment Due
|
$ 59,247.22
|
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,
and hereby find and determine that Application and Certificate for Payment No.
5, as shown on Exhibit “A”, be and is hereby accepted and approved.
PASSED AND APPROVED
THIS 25TH DAY OF APRIL, 2006.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
7. Approve
Application and Certificate for Payment No. 1 in the amount $145,655.10 submitted
by Paulsen, Inc. and approved by Miller & Associates for the 2005 Part I
Improvements consisting of Paving Improvement District No. 2005-903 for Avenue
N from the north lot line of Lot 5 of Block 2, Stoneridge Third Addition and
the south lot line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a
distance of 1,698.08± feet; Paving Improvement District No. 2005-904A for
Avenue N from the south lot line of Lot 4, Eastbrooke Fourth Addition, thence
north a distance of 210± feet and approve Resolution No. 2006-59.
RESOLUTION
NO. 2006-59
WHEREAS,
Paulsen, Inc. has performed services in connection with the 2005 Part I
Improvements consisting of Paving Improvement District No. 2005-903 for Avenue
N from the north lot line of Lot 5 of Block 2, Stoneridge Third Addition and
the south lot line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a
distance of 1,698.08± feet; Paving Improvement District No. 2005-904A for
Avenue N from the south lot line of Lot 4, Eastbrooke Fourth Addition, thence
north a distance of 210± feet, and the City's engineer, Miller &
Associates, have filed with the City Clerk Application and Certificate for
Payment No. 1 in the amount of $145,655.10 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$ 684,445.60
|
|
Contract Sum To Date
|
$ 684,445.60
|
|
Gross Amount Due
|
161,839.00
|
|
Retainage
|
16,183.90
|
|
Amount Due to Date
|
145,655.10
|
|
Less Previous Certificates for
Payment
|
.00
|
|
Current Payment Due
|
$145,655.10
|
NOW, THEREFORE, BE IT
RESOLVED by the Vice-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 25TH DAY OF APRIL, 2006.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
8. Approve
the bids received for the 2006 Part II Improvements consisting of Water
Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th
Street; Sewer Main Replacement at 37th Street and 14th Avenue; Sewer
Replacement Project in Avenue E from 31st Street to 33rd Street; Water Main
Replacement in 12th Avenue from 22nd Street to 23rd Street; Water Main
Extension in 7th Avenue from 30th Street to 31st Street; Water Main Extension
in the alley east of 9th Avenue to 8th Avenue; and Water Main Crossing at 5th
Avenue and approve Resolution No. 2006-60 awarding the bid to Midlands
Contracting in the amount of $374,841.38.
RESOLUTION NO. 2006-60
WHEREAS, Miller &
Associates and the City of Kearney have reviewed the sealed bids which were
opened on April 18, 2006, at 2:00 p.m. for the 2006 Part II Improvements
consisting of Water Connection District No. 2006-1 for Avenue A from 8th Street
to vacated 10th Street; Sewer Main Replacement at 37th Street and 14th Avenue;
Sewer Replacement Project in Avenue E from 31st Street to 33rd Street; Water
Main Replacement in 12th Avenue from 22nd Street to 23rd Street; Water Main
Extension in 7th Avenue from 30th Street to 31st Street; Water Main Extension
in the alley east of 9th Avenue to 8th Avenue; and Water Main Crossing at 5th
Avenue; and
WHEREAS, the
Engineer’s Opinion of Probable Construction Cost was $433,253.68; and
WHEREAS, the
said engineers have recommended the bid offered by Midlands Contracting of
Kearney, Nebraska in the sum of $374,841.38 be accepted as the lowest
responsible bids.
NOW, THEREFORE, BE IT
RESOLVED by the Vice-President and City Council of the City of Kearney,
Nebraska that the Engineers recommendation is hereby accepted and approved,
that Midlands Contracting of Kearney, Nebraska be and is the lowest responsible
bidder for the 2006 Part II Improvements consisting of Water Connection
District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street; Sewer
Main Replacement at 37th Street and 14th Avenue; Sewer Replacement Project in
Avenue E from 31st Street to 33rd Street; Water Main Replacement in 12th Avenue
from 22nd Street to 23rd Street; Water Main Extension in 7th Avenue from 30th
Street to 31st Street; Water Main Extension in the alley east of 9th Avenue to
8th Avenue; and Water Main Crossing at 5th Avenue to be constructed in
accordance with the plans and specifications on file with the City Clerk and
that the bid of Midlands Contracting of Kearney, Nebraska in the sum of
$374,841.38 be and is hereby accepted.
BE IT FURTHER
RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2006 Part II
Improvements in the amount of $433,253.68 be and is hereby accepted.
BE IT FURTHER
RESOLVED that the Vice-President of the Council of the City of Kearney,
Nebraska, be and is hereby authorized and directed to execute contracts for
such improvements in accordance with the bid, plans, specifications, and
general stipulations pertaining thereto.
PASSED AND APPROVED
THIS 25TH DAY OF APRIL, 2006.
ATTEST: RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
9. Approve
the request submitted by Joe Carlson to conduct a parade sponsored by the
Archway, Trails and Rails Museum, Fort Kearny, and the Kearney Chamber of
Commerce on June 3, 2006 beginning at 9:30 a.m. The route would begin at the
Archway Monument, west on 1st Street to Avenue M, north on Avenue M to 11th
Street, west on 11th Street and ending at the Trails and Rails Museum.
10. Approve
setting May 9, 2006 at 7:00 p.m. as time and date for the Board of Equalization
to assess costs for Lot 1, Stoneridge Fourth Addition in connection with Paving
Improvement District No. 2003-873, and to assess costs in Paving Improvement
District Nos. 2004-884, 2004-886, 2004-887, 2004-888, 2004-889; Water District
Nos. 2004-533, 2004-534, 2005-540; Sewer District Nos. 2004-475, 2004-476,
2004-477.
V. CONSENT AGENDA
ORDINANCES
None.
VI. REGULAR AGENDA
ORDINANCE NO. 7251 – REZONING 1790
ANTELOPE AVENUE (PERTAINS TO PUBLIC HEARING 2)
Moved by Kearney and seconded by Clouse
that Ordinance No. 7251 rezoning from “District AG, Agricultural District” to
“District RR-2, Rural Residential District (Intermediate Standards)” property
described as a tract of land being part of the Northeast Quarter of the
Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th
P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska (1790
Antelope Avenue) remain on the table until May 9, 2006. Roll call resulted as
follows: Aye: Buschkoetter, Kearney, Lear, Clouse. Nay: None. Hadley absent.
Motion carried.
OPEN ACCOUNT CLAIMS: NEBRASKA
PUBLIC POWER DISTRICT - $4,532.57; FREMONT NATIONAL BANK - $39,177.53; PLATTE
VALLEY STATE BANK - $1,569.04
Moved by Lear seconded by Buschkoetter
that Open Account Claim in the amount of $4,532.57 payable to Nebraska Public
Power District be allowed. Roll call resulted as follows: Aye: Buschkoetter, Lear,
Kearney. Nay: None. Clouse abstained. Hadley absent. Motion carried.
Moved by Buschkoetter seconded by
Kearney that Open Account Claims in the amount of $39,177.53 payable to Fremont
National Bank and in the amount of $1,569.04 payable to Platte Valley State
Bank be allowed. Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney.
Nay: None. Lear abstained. Hadley absent. Motion carried.
VII. REPORTS
LISTENING SESSION ON SMOKING
POLICY
Council member Clouse reminded
the public of the listening session on the smoking policy is tomorrow, April
26, 2006, in the Council Chambers at 7:00 p.m.
VIII. ADJOURN
Moved by Kearney seconded by Clouse
that Council adjourn at 7:18 p.m. Roll call resulted as follows: Aye: Buschkoetter,
Kearney, Lear, Clouse. Nay: None. Hadley absent. Motion carried.
RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK