Kearney, Nebraska
June 27, 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 June
27, 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 and Stan Clouse. Absent: Galen Hadley and Bruce Lear. Michael
W. Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant to
City Manager; Wendell Wessels, Director of Finance and Administration; and Kirk
Stocker, Director of Utilities were also present. Some of the citizens present
in the audience included: Bob Lammers, Michael Johnson, Doug Geist, Mike Konz
from the Kearney Hub, and Paul Wice 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 Doug Shada from the Cornerstone Berean Church provided the Invocation.
PLEDGE OF ALLEGIANCE
The Council members led the
audience in the Pledge of Allegiance.
ANNOUNCEMENT
Vice-President Buschkoetter
announced that in accordance with Section 84-1412 of the Nebraska Revised
Statutes, a current copy of the Open Meetings Act is available for review and
is posted on the wall at the back of the Council Chambers.
ORAL COMMUNICATIONS
There was no Oral Communications.
II.
UNFINISHED BUSINESS
There was no Unfinished Business.
III.
PUBLIC HEARINGS
LAND USE MAP AMENDMENT – 570 FEET WEST
OF THE INTERSECTION OF SWEETWATER AVENUE AND COAL CHUTE ROAD
Vice-President Buschkoetter
stated that the applicant has withdrawn the public hearing on the proposed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 Government Lot 4 located in Section 33, Township 9
North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of
which 0.227 acres, more or less, are presently being used for road purposes on
the south side, all in Buffalo County, Nebraska (570 feet west of the
intersection of Sweetwater Avenue and Coal Chute Road). Therefore, no
action was necessary.
REZONING
– 570 FEET WEST OF THE INTERSECTION OF SWEETWATER AVENUE AND COAL CHUTE ROAD
Vice-President Buschkoetter
stated that the applicant has withdrawn the public hearing on the Application
submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Bobbie G.
Vogt for Vogt Family Trust (Owner) to rezone from “District AG, Agricultural
District” to “District RR-1, Rural Residential District (Rural Standards)”
property described as a tract of land being part of Government Lot 4 located in
Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099
acres, more or less, of which 0.227 acres, more or less, are presently being
used for road purposes on the south side, all in Buffalo County, Nebraska (570
feet west of the intersection of Sweetwater Avenue and Coal Chute Road).
Therefore, no action was necessary.
FINAL PLAT – VOGT SUBDIVISION
Vice-President Buschkoetter
stated that the applicant has withdrawn the public hearing on the Application
submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Bobbie G.
Vogt for Vogt Family Trust (Owner) for final plat approval and Subdivision
Agreement for “VOGT SUBDIVISION” a subdivision being part of Government Lot 4
located in Section 33, Township 9 North, Range 15 West of the 6th P.M.,
containing 3.099 acres, more or less, of which 0.227 acres, more or less, are
presently being used for road purposes on the south side, all in Buffalo
County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and
Coal Chute Road). Therefore, no action was necessary.
REZONING – 145 FEET WEST OF THE
INTERSECTION OF 22ND AVENUE AND 50TH STREET
Vice-President Buschkoetter
stated the public hearing on the Application submitted by Mitch Humphrey from
Buffalo Surveying (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 0.656 acres, more
or less, Buffalo County, Nebraska (145 feet west of the intersection of 22nd
Avenue and 50th Street) will remain on the table until July 11, 2006.
Therefore, no action was necessary.
CASTLE RIDGE THIRD FINAL PLAT
Vice-President Buschkoetter
stated the public hearing on the Application submitted by Mitch Humphrey from
Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for final
plat approval and Subdivision Agreement for “CASTLE RIDGE THIRD” an addition to
the City of Kearney, Buffalo County, Nebraska for property described as a tract
of land being Lot 1 of Block 4 (to be vacated), North Park, an addition to the
City of Kearney, Buffalo County, Nebraska AND part of the Southwest Quarter of
the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th
P.M., containing 1.004 acres, more or less, Buffalo County, Nebraska (145 feet
west of the intersection of 22nd Avenue and 50th Street) will remain on the
table until July 11, 2006. Therefore, no action was necessary.
CASTLE RIDGE THIRD – INCLUDE TO
CITY LIMITS
Vice-President Buschkoetter
stated the public hearing on the Application submitted by Mitch Humphrey from
Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for the
inclusion into the City limits of “CASTLE RIDGE THIRD” an addition to the City
of Kearney, Buffalo County, Nebraska for property described as a tract of land
being Lot 1 of Block 4 (to be vacated), North Park, an addition to the City of
Kearney, Buffalo County, Nebraska AND part of the Southwest Quarter of the
Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th
P.M., containing 1.004 acres, more or less, Buffalo County, Nebraska (145 feet
west of the intersection of 22nd Avenue and 50th Street) will remain on the
table until July 11, 2006. Therefore, no action was necessary.
LIQUOR LICENSE – DURTY DOUGS TACO
BAR; 1412 WEST 24TH STREET
Vice-President Buschkoetter opened
the public hearing on the Application for a Class I-72702 (Beer, Wine and
Distilled Spirits – On Sale Only) Liquor License submitted by Douglas P. &
Pamala M. Geist, dba “Durty Dougs Taco Bar” located at 1412 West 24th Street,
#3 and to consider approval of Resolution No. 2006-104.
Doug Geist, 529 F Road, Naponee, Nebraska, presented this matter to the Council. Their concept is an upscale fast
food establishment which will be serving draft beer and wine coolers.
Council member Buschkoetter asked Mr. Geist what measures he would be taking to
train his staff since his establishment is in close proximity to UNK to make
certain they are not serving underage persons. Mr. Geist responded that
he owns and operates The Station in Alma, Nebraska where he also has a liquor
license and has gone to great lengths to make sure they have not sold to
minors. On Tuesday nights they sell about 500 tacos in 1½ hours. He has
talked to the Police Department in Kearney and once his staff is hired, they
will go through the class that the Police Department offers regarding liquor
sales.
In regard to being close to UNK,
Mr. Geist believed that it is his utmost responsibility to make sure that
selling to minors does not happen. Since this is his business, his
integrity is at stake and he understands the position that puts him in.
His policy in Alma is to ID everyone under 30 years old. In Kearney, they will probably ID everyone who orders a draft beer or wine cooler. He
was confident that he could put the right people in place to make sure that no
violations happen. There will not be a bar area in the building;
basically liquor will be served with the menu items.
There was no one present in
opposition to this hearing.
Moved by Kearney seconded by
Clouse to close the hearing and approve the Application for a Class I-72702
Liquor License submitted by Douglas P. & Pamala M. Geist, dba “Durty Dougs
Taco Bar” located at 1412 West 24th Street, #3 and approve Resolution No.
2006-104. Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney. Nay: None. Hadley and Lear absent. Motion carried.
RESOLUTION
NO. 2006-104
WHEREAS, DOUGLAS P. & PAMALA M. GEIST, dba “Durty Dougs Taco Bar” has filed
with the Nebraska Liquor Control Commission and the City Clerk of the City of
Kearney, Nebraska, an application for a Class ‘I-72702’ (Beer, Wine, Distilled
Spirits – On Sale Only) Liquor License to do business at 1412 West 24th Street,
#3, Kearney, Nebraska, and has paid all fees and done all things required by law
as provided in the Nebraska Liquor Control Act; and
WHEREAS, a hearing was held relating to said application on June 27, 2006.
NOW, THEREFORE, BE IT RESOLVED that the Vice-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-72702’ (Beer, Wine, Distilled
Spirits – On Sale Only) Liquor License to DOUGLAS P. & PAMALA M. GEIST, dba
“Durty Dougs Taco Bar” located at 1412 West 24th Street, #3, Kearney, Nebraska.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED AND APPROVED THIS 27TH DAY OF JUNE, 2006.
ATTEST:
RANDY BUSCHKOETTER
VICE-PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
IV.
CONSENT AGENDA
Vice-President Buschkoetter stated
that the Council members have received calls with regard to the application for
Special Designated License submitted by Whiskey Creek for the Buffalo County
Fair in August. This is similar to other applications in the past for the
Fair. This application and previous applications were for the Exposition Building and a fenced in beer garden area.
Moved by Clouse seconded by
Buschkoetter that Subsections 1 through 16 of Consent Agenda Item IV be
approved. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Clouse.
Nay: None. Hadley and Lear absent. Motion carried.
1.
Approve Minutes of Regular Meeting held June 13, 2006, and Minutes of Special
Meeting held June 19, 2006.
2.
Approve the following Claims: A.M. Player $567.36 smcs; ABC Seamless Gutter
$575.00 smcs; Accu-Cut Systems $168.00 smcs; Ace Hardware $888.95 smcs; Aervoe
Industries $543.90 smcs; Agro $1,272.80 smcs; Air Midway $22.89 smcs; Alamar
Uniforms $92.50 ps; All Makes Auto Supply $15.00 smcs; Alltel $593.75 smcs;
Amazon $447.16 smcs; Amer Electric $40.47 smcs; Amer Fence $1,385.00 smcs; Amer
Red Cross $45.00 smcs; Anderson Brothers $512.03 smcs; Anderson Ford $13,040.00
co; Appliance Service Center $19.95 smcs; Argo Int'l $865.63 smcs; Armstrong
$1,277.57 smcs; Artic Refrigeration $460.39 smcs; Ask Supply $850.11 smcs; Auto
Glass Center $173.63 smcs; B&B Auto Glass $742.10 co; B&D Diamond Pro
$1,820.00 smcs; Badge Mint $90.54 smcs; Baker & Taylor Books $3,775.76
smcs; Bamford $1,160.00 co; Baristas Daily Grind $10.00 smcs; Barney Ins
$190.00 smcs; BBC Audiobooks $57.00 smcs; Bear Frame $158.83 smcs; Bellevue
Settle Inn $300.00 smcs; Best Lock $334.65 smcs; Big Flag Farm $12.47 smcs;
Blair,K $15.00 smcs; Blessing $17,667.75 co; Bluecross Blueshield $60,718.55
smcs; Bobs Super Store $195.05 smcs,ps; Bomgaars $29.99 smcs; Bosselman
$27,870.02 smcs; Bowman,R $100.00 smcs; Boyd's Full Service Vending $28.80
smcs; Breathing Air Systems $398.06 smcs; Broadfoot's $1,516.00 smcs; Buffalo
Air Service $6,000.00 smcs; Buffalo Co Court $331.97 smcs,ps; Buffalo Co
Sheriff $40.00 smcs; Buffalo Co Treasurer $18,840.00 smcs,co; Buggy Bath $40.00
smcs; Builders Warehouse $1,830.66 smcs,co; Cabela's $334.16 smcs; Cables To Go
$43.54 smcs; Cash Wa $7,417.54 smcs; Ced Enterprise Electric $3.93 smcs;
Cee-Jay Research $28.54 smcs; Centaur Enterprises $87.30 smcs; Central Auto
Electric $46.44 smcs; Central Hydraulic $2,713.54 smcs; Central NE Equipment
$94.72 smcs; Charter $54.99 smcs; Chesterman $2,256.00 smcs; Chippewa Realty
$9,395.00 co; City of Glass $69.94 smcs; City of Ky $78,716.46 smcs,ps; Clean
Team $28.85 smcs; Cold Spring Granite $115,000.00 co; College Savings Plan of
NE $50.00 ps; Computer Pros $36.94 smcs; Computer Warehouse #4 $25.75 smcs;
Construction Rental $297.38 smcs; Copycat Printing $1,505.49 smcs; Corporate
Edge $2,448.00 smcs; CQ Press $285.00 smcs; Cracker Barrel $31.63 smcs;
Creative Teacher $46.19 smcs; Crossroads Computing $229.17 smcs; Crossroads
Ford $506.01 smcs; Culligan $73.00 smcs; Cummins Central Power $436.92 smcs;
Custom Air Photo's $520.00 smcs; Dandee Construction $438.00 smcs; Dawson Co
PPD $23,701.51 smcs; Days Inn Grand Dakota $221.00 smcs; Dell Marketing
$1,168.44 smcs,co; Dept of the Treasury $7.84 ps; Depository Trust $195,158.75
ds; Development Council $5,000.00 smcs; Diamond Vogel $228.58 smcs; Dickey,S
$25.00 smcs; Dinsdale,T $1,457.26 smcs; Dollar Rac $229.98 smcs; Doubletree
Hotels $667.92 smcs; DPC Industries $5,160.30 smcs; Dubs $20.41 smcs;
Dutton-Lainson $14.91 smcs; Eakes $3,788.16 smcs,co; Earl May $59.98 smcs;
Eating Establishment $16,680.00 co; EDM Equipment $151.46 smcs; Eileens Cookies
$14.00 smcs; Elliott $7,170.84 smcs; Envision Ware $2,042.55 smcs; Eustis Body
Shop $986.52 smcs; Experior Assessments $99.00 smcs; Fairbanks Int'l $78.78
smcs; Farmers Union $930.40 smcs; Fast Mart $105.30 smcs; Fastenal $1,695.57
smcs; Fedex $94.50 smcs; Fiddelke Heating $31.84 smcs; Firecom $39.14 smcs;
Fireguard $4,000.00 co; Flying J $117.08 smcs; FMCO/Schaben $34.11 smcs;
Footjoy $220.17 smcs; Fotoconnection $232.95 co; Fredrickson Building $4,600.00
co; Garrett Tires $3,332.84 smcs; Gealy's Green House $150.00 smcs; Goodwill
Industries $8,680.00 co; Gopher Sport $129.77 smcs; Graham Tire $333.26 smcs;
Grainger $950.27 smcs; Grand Central IGA $159.84 smcs; Great Amer Outdoor
$150.13 smcs; Green-Save $507.92 smcs; Guideposts $16.94 smcs; H&H
Distributing $471.00 smcs; Hach $368.94 smcs; Halsten & Hoggan $136.45
smcs; Harley Davidson Central $193.30 smcs; Heins,P $12.00 smcs; Hobby-Lobby
$114.26 smcs; Hoffman Petroleum $313.22 smcs; Holiday Inn Express $120.00 smcs;
Holmes Plumbing $1,347.29 smcs,co; Hooker Brothers $221.70 smcs; Hossain,S
$30.00 smcs; Hotsy Equipment $33.01 smcs; Hyatt Hotels $1,004.05 smcs;
Hydrologic $175.00 smcs; ICMA RC $2,969.90 smcs,ps; Inland Truck Parts $251.18
smcs; Insite Instrumentation $1,425.00 smcs; IRS $96,563.50 ps; Jack Lederman
$77.47 smcs; Jamar Technologies $3,650.50 co; Jimmy Johns $30.00 smcs; K&K
Parts $696.59 smcs,co; Ky Chamber of Comm $125.00 smcs; Ky Clinic $3,253.00 ps;
Ky Comm Foundation $25.00 smcs; Ky Concrete $1,104.38 smcs; Ky Hub $3,196.02
smcs; Ky Implement $3,288.55 smcs; Ky Towing $135.00 smcs; Ky Visitors Bureau
$29,100.20 smcs; Ky Warehouse $2,343.45 smcs; Ky Yamaha $84.15 smcs; KEI
Building $10,800.00 co; Kelly Inn Omaha $136.00 smcs; Kelly Supply $427.55
smcs; Killion Motors $150.30 smcs; Kipp Brothers $127.00 smcs; Kirkham Michael
$137,795.02 smcs; Kmart $61.75 smcs; Koetters,J $17.94 smcs; Kratzer,B $35.00
smcs; Kriz Davis $272.86 smcs; Kussmaul Electronics $220.53 smcs; Labsafe
$70.29 smcs; Lasertec $980.37 smcs; Laughlin,K $360.00 ps; Lawson Products
$877.40 smcs; Library Hotline $119.99 smcs; Lighthouse Uniform $44.85 ps;
Lincoln Airport Authority $24.00 smcs; Lincoln Truck Center $51.35 smcs; Linweld
$492.52 smcs; Lock and Safe $9.75 smcs; Lockmobile $26.50 smcs; Logan
Contractors $1,022.85 smcs; Luke,D $803.80 smcs; Mac's $10.25 smcs; Magic
Cleaning $3,610.00 smcs; Mail Express $24.68 smcs; Manufacturer's News $69.00
smcs; Marlatt Machine Shop $204.72 smcs; MAS Modern Marketing $247.66 smcs;
Mason Truck Accessories $570.00 co; McMurray Hatchery $80.27 smcs; Menards
$2,253.34 smcs; Microfilm Imaging $295.50 smcs; Mid America Sales $1,451.35
smcs; Mid-Kan Blueline $5,989.00 co; Midlands Contracting $1,656.00 co;
Mid-State Units $90.00 smcs; Midway Chevrolet $95.18 smcs; Midwest Lab $12.70
smcs; Midwest Turf $232.33 smcs; Miller & Associates $49,384.01 co; Miller
Signs $285.00 smcs; Mindware $58.90 smcs; Miracle Recreation $24.00 smcs; Moore
Construction $1,428.00 co; Moss & Barnett $488.10 smcs; Most Dependable
Fountains $1,800.00 smcs; Mr. Automotive $1,747.14 smcs; MSI System Integrators
$25,091.54 smcs; Municipal Pipe Tool $19,850.00 co; Murphy Tractor $235.67
smcs; Napa All Makes Auto $1,485.16 smcs; Nash Finch $115,794.00 co; National
Waterworks $14,658.53 smcs; Nature-Watch $165.00 smcs; NCS Equipment $392.00
smcs; NE Child Support $2,185.06 ps; NE Dept of Environmental $231,337.72
smcs,ds; NE Dept of Motor Vehicle $6.50 co; NE Dept of Revenue $41,528.75 smcs;
NE DOL/Boiler Inspection $72.00 smcs; NE Golf Assn $3,664.00 smcs; NE Library
Commission $317.00 smcs; NE Machinery $1.01 smcs; NE Sec of State $1.80 smcs;
Neal-Schuman Publishers $143.45 smcs; NEland Distributors $515.25 smcs; Neon
Small Business $90.00 smcs; Nogg Chemical $795.47 smcs; Norm's Plumbing $136.83
smcs; North Platte Telegraph $32.05 smcs; Northwestern Energy $1,143.33 smcs;
Office Max $1,356.80 smcs,co; Officenet $1,068.82 smcs,co; OMB Police Supply
$32.97 smcs; Oncourt Offcourt $67.90 smcs; O'Reilly $311.42 smcs; Oriental
Trading $135.74 smcs; Orscheln $1,591.78 smcs; Outdoor Recreation $700.00 smcs;
Packer,A $51.64 smcs; Paramount Linen $61.96 smcs; Paulsen $170,655.09 co;
Piranahadisc Sales $39.00 smcs; Platte Valley Comm $2,345.15 smcs;
Pocketpctechs $34.68 smcs; Portable Computer Systems $755.00 smcs; Postal Radar
$600.00 smcs; Quality Books $380.23 smcs; Quality Inn & Suites $488.75
smcs; Quill $222.23 smcs; Quiznos $28.59 smcs; R&R Products $104.49 smcs;
Radio Shack $250.30 smcs; Rainbow Group $838.26 smcs; Rainbow Racing $38.80
smcs; Random House $231.20 smcs; RCL Products $69.67 smcs; Reams Sprinkler
$2,737.55 smcs,co; Recognition Unlimited $16.44 smcs; Recorded Books $654.20
smcs; Red River Llamas $22.00 smcs; Reserve Account $8,000.00 smcs; Revere
$79.80 smcs; Rhode Island Novelty $56.00 smcs; Roadbuilders $1,190.76 smcs;
Rocky Mountain Chocolate $14.25 smcs; Roper's Radiator $25.00 smcs; Russel's
Appliance $150.00 smcs; SS Arts Craft $364.81 smcs; Sahling Kenworth $426.16
smcs; Sapp Brothers $18,902.03 smcs; Sara Lee Bakery $83.77 smcs; Schmitt,J
$731.22 smcs; Schrock,S $3,032.00 co; Schutte,R $31.25 smcs; Schwan's $463.36
smcs; Shell Oil $38.50 smcs; Sherrerd,D $3,032.00 co; Sherwin Williams $450.97
smcs; Shirt Shack $1,059.80 smcs; Sign Center $700.00 smcs; Simmons Gun
Specialties $4,388.40 smcs; Smitty's Construction $836.18 co; Snap-On Tools
$495.00 smcs; Snow,T $185.00 smcs; Source 1 $524.72 co; SSG BSN/Passon $264.91
smcs; SSI $121.95 smcs; State Supply $107.76 smcs; Steinbrink's Landscaping
$272.91 smcs,co; Stetson Building $56.68 smcs; Stocker,K $12.00 smcs; Strategic
Insights $600.00 smcs; Stromberg's Chicks $19.50 smcs; Stumps $53.93 smcs;
Sundance Feed & Seed $31.36 smcs; Sungard $65,522.07 smcs; Sunmart $203.55
smcs; Super Shine Auto Care $159.43 smcs; Supercircuits $280.75 smcs; Superior
Signals $333.45 smcs; Taddicken,B $25.00 smcs; Tan Do $489.50 smcs; Target
$4.99 smcs; Texoma Golf $152.20 smcs; Thompson,L $90.00 smcs; Thomson Gale
$380.23 smcs; Tigerdirect $296.12 smcs; Titelist $6,925.94 smcs; Tractor Supply
$1,529.29 smcs; Tri City Outdoor $3,810.72 smcs,co; Turfwerks $114.43 smcs;
Turner Body Shop $160.00 smcs; UAP $298.22 smcs; Ullman,C $60.00 smcs; UPRR
$100.00 er; Unique Books $15.70 smcs; UPS $7.58 smcs; Upstart $785.00 smcs;
Urbanek,G $170.20 smcs; US Toy $133.67 smcs; USA Blue Book $234.23 smcs; USPS
$177.41 smcs; Van Diest Supply $2,070.77 smcs; Video Service $168.86 smcs; W.T.
Cox Subscriptions $8,672.06 smcs; Waldenbooks $56.99 smcs; Wal-Mart $2,854.53
smcs; West Co. $1,062.30 smcs; Wiederspan,R $70.99 smcs; Wilke Donovans $553.25
smcs; Wilke Hinrichs Stober $4,285.96 co; Williams,M $258.33 smcs; WPCI $267.50
ps; Zimmerman Printers $191.00 smcs; Payroll Ending 6-10-2006 --
$296,934.75. 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 July 11, 2006 at 7:00
p.m. as date and time for hearing on those applications where applicable.
4.
Approve the application submitted by Broadfoot Sand and Gravel to extend
Conditional Use Permit No. 2000-07 for a clay extraction operation at 70th Street and 30th Avenue for a period of two years.
5.
Approve the Employment Agreement between the City of Kearney and Michael W.
Morgan and approve Resolution No. 2006-105.
RESOLUTION NO.
2006-105
WHEREAS, the City Council of the City of Kearney, Nebraska, do hereby fix,
prescribe and limit salary and wages to be paid by this City to the City
Manager, pursuant to the authority granted in Section 1-301 of the Code of the
City of Kearney, Nebraska, and Section 19-620 of the Nebraska Revised Statutes.
NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of
Kearney, Nebraska, that the City Manager be paid an annual salary of One
Hundred Twenty Thousand Two Hundred Four Dollars ($120,204.00) effective July
1, 2006; said salary to be paid bi-weekly from any City funds in such
proportionate amounts as the City Manager may determine.
BE IT FURTHER RESOLVED that the Vice-President of the Council be and is hereby
authorized and directed to execute the Employment Agreement.
PASSED AND APPROVED THIS 27TH DAY OF JUNE, 2006.
ATTEST:
RANDY BUSCHKOETTER
VICE-PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
6.
Approve Resolution No. 2006-106 appointing members to fill the
vacancies/expirations on the following Boards/Commissions: Jonathan Crouch to
serve on the Advisory Board of Cable Commissioners, Rod Ridgway to serve on the
Board of Adjustment, and Mark Loescher to serve on the Downtown Improvement
Board.
RESOLUTION NO.
2006-106
WHEREAS, Resolution No. 2005-96 calls for Citizen Board/Commission member
appointments to be made by resolution submitted by the Mayor to the City
Council for final approval; and
WHEREAS, vacancies currently exist on certain Boards/Commissions.
NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of
Kearney, Nebraska, that the following persons, as proposed by the Mayor of the
City of Kearney, Nebraska, are hereby appointed to the designated Boards/
Commissions for the term indicated:
ADVISORY BOARD OF
CABLE COMMISSIONERS
Jonathan Crouch appointed to succeed Kris Jerke to July 31, 2008
BOARD OF ADJUSTMENT
Rod Ridgway appointed to succeed John Rademacher to July 31, 2009
DOWNTOWN
IMPROVEMENT BOARD
Mark Loescher appointed to succeed Tanis Hall-Goedert to July 31, 2009
BE IT FURTHER RESOLVED that this resolution shall be in full force and effect
from and after its adoption.
PASSED AND APPROVED THIS 27TH DAY OF JUNE, 2006.
ATTEST:
RANDY BUSCHKOETTER
VICE-PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
7.
Approve the request from the Police Department to the temporarily close Avenue
B from Railroad Street to a half block north on July 22, 2006 from 8:00 a.m.
until 5:00 p.m. for the annual auction.
8.
Approve Application and Certificate for Payment No. 2 in the amount of
$101,326.95 submitted by Blessing, LLC and approved by Miller & Associates
for the 2005 Part VI Improvements – Bid B consisting of Paving Improvement
District No. 2005-905 for 47th Street Place from 6th Avenue to its terminus in
a cul-de-sac; and Paving Improvement District No. 2005-906 for 4th Avenue from
44th Street north to 48th Street and approve Resolution No. 2006-107.
RESOLUTION
NO. 2006-107
WHEREAS,
Blessing, LLC has performed services in connection with the 2005 Part VI
Improvements – Bid B consisting of Paving Improvement District No. 2005-905 for
47th Street Place from 6th Avenue to its terminus in a cul-de-sac; Paving
Improvement District No. 2005-906 for 4th Avenue from 44th Street north to 48th
Street, and the City's engineer, Miller & Associates, have filed with the
City Clerk Application and Certificate for Payment No. 2 in the amount of
$101,326.95 as shown on Exhibit “A” attached hereto and made a part hereof by
reference and as follows:
|
Original Contract Sum
|
$200,101.60
|
|
Contract Sum To Date
|
200,101.60
|
|
Gross Amount Due
|
145,240.00
|
|
Retainage
|
14,524.00
|
|
Amount Due to Date
|
130,716.00
|
|
Less Previous Certificates for
Payment
|
29,389.05
|
|
Current Payment Due
|
$101,326.95
|
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. 2, as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 27TH DAY OF JUNE, 2006.
ATTEST:
RANDY BUSCHKOETTER
VICE-PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
9.
Approve Application and Certificate for Payment No. 1 in the amount of
$53,283.38 submitted by Midlands Contracting and approved by Miller &
Associates for the 2006 Part II Improvements consisting of Water Connection
District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street and
approve Resolution No. 2006-108.
RESOLUTION
NO. 2006-108
WHEREAS,
Midlands Contracting, Inc. has performed services in connection with the 2006
Part II Improvements consisting of Water Connection District No. 2006-1 for
Avenue A from 8th Street to vacated 10th Street, and the City's engineer,
Miller & Associates, have filed with the City Clerk Application and
Certificate for Payment No. 1 in the amount of $53,283.38 as shown on Exhibit
“A” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$374,841.38
|
|
Contract Sum To Date
|
374,841.38
|
|
Gross Amount Due
|
59,203.76
|
|
Retainage
|
5,920.38
|
|
Amount Due to Date
|
53,283.38
|
|
Less Previous Certificates for
Payment
|
.00
|
|
Current Payment Due
|
$53,283.38
|
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 27TH DAY OF JUNE, 2006.
ATTEST:
RANDY BUSCHKOETTER
VICE-PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
10.
Approve Change Order No. 1 showing an increase in the amount of $19,967.10,
Application and Certificate for Payment No. 7-Final in the amount of
$22,075.72, and Certificate of Substantial Completion submitted by Paulsen,
Inc. and approved by Miller & Associates for the 2005 Part IV Improvements
– Bid B consisting of Paving Improvement District No. 2005-901 for 52nd Street
from 2nd Avenue west to 3rd Avenue; and Paving Improvement District No.
2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2
of Block 1, Sorensen Park Fourth Addition and approve Resolution No. 2006-109.
RESOLUTION
NO. 2006-109
WHEREAS,
Paulsen, Inc. has performed services in connection with the 2005 Part IV
Improvements – Bid B consisting of Paving Improvement District No. 2005-901 for
52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No.
2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2
of Block 1, Sorensen Park Fourth Addition, and the City's engineer, Miller
& Associates, have filed with the City Clerk Change Order No. 1 showing an
increase in the amount of $19,967.10 as shown on Exhibit “A”, attached hereto
and made a part hereof by reference; and
WHEREAS, the
Engineer and Contractor have filed with the City Clerk Application and
Certificate for Payment No. 7-Final in the amount of $22,075.72 as shown on
Exhibit “B” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$292,727.25
|
|
Change Order No. 1 (6-27-2006)
|
+ 19,967.10
|
|
Contract Sum To Date
|
$312,694.35
|
|
Gross Amount Due
|
312,694.35
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
312,694.35
|
|
Less Previous Certificates for
Payment
|
290,618.63
|
|
Current Payment Due
|
$ 22,075.72
|
WHEREAS, the Engineer and Contractor have now certified to the City Clerk that
work is completed as of May 24, 2006, as shown by Exhibit “C” attached hereto
and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as
shown on Exhibit “A”, Application and Certificate of Payment No. 7-Final as
shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on
Exhibit “C” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 27TH DAY OF JUNE, 2006.
ATTEST:
RANDY BUSCHKOETTER
VICE-PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
11.
Approve Application and Certificate for Payment No. 3 in the amount of
$298,456.39 submitted by Paulsen, Inc. and approved by Miller & Associates
for the 2005 Part I Improvements – Bid A 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. 2006-110.
RESOLUTION
NO. 2006-110
WHEREAS,
Paulsen, Inc. has performed services in connection with the 2005 Part I
Improvements – Bid A 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. 3 in the amount of $298,456.39 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
|
580,850.25
|
|
Retainage
|
29,042.51
|
|
Amount Due to Date
|
551,807.74
|
|
Less Previous Certificates for
Payment
|
253,351.35
|
|
Current Payment Due
|
$298,456.39
|
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. 3, as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 27TH DAY OF JUNE, 2006.
ATTEST:
RANDY BUSCHKOETTER
VICE-PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
12.
Approve Application and Certificate for Payment No. 1 in the amount of
$30,339.23 submitted by Blessing, LLC and approved by Miller & Associates
for the 2006 Part I Improvements consisting of Paving Improvement District No.
2006-908 for 39th Street from Pony Express Road west to the east lot line of
Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No.
2006-111.
RESOLUTION
NO. 2006-111
WHEREAS,
Blessing, LLC has performed services in connection with the 2006 Part I
Improvements consisting of Paving Improvement District No. 2006-908 for 39th
Street from Pony Express Road west to the east lot line of Lot 1, Block 1,
Windsor Estates Fifth Addition, and the City's engineer, Miller &
Associates, have filed with the City Clerk Application and Certificate for
Payment No. 1 in the amount of $30,339.23 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$746,693.00
|
|
Contract Sum To Date
|
$746,693.00
|
|
Gross Amount Due
|
33,710.25
|
|
Retainage
|
3,371.03
|
|
Amount Due to Date
|
30,339.23
|
|
Less Previous Certificates for
Payment
|
.00
|
|
Current Payment Due
|
$ 30,339.23
|
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 27TH DAY OF JUNE, 2006.
ATTEST:
RANDY BUSCHKOETTER
VICE-PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
13.
Approve the application submitted by Cheryl Schroeder to extend Conditional Use
Permit No. 2998-05 to locate a Bed and Breakfast at 2915 5th Avenue for a
period of one year.
14.
Approve the Developer Constructed Infrastructure Agreement between the City of
Kearney and Jeffery Sikes, Designated Agent for TWL, LLC; David Terveen, Lynn
Terveen; and Myron Letcher and Carol Letcher for the construction of public
infrastructure for Lots 1 through 6 of Block 1, Lots 1 through 7 of Block 2, Lots
1 through 5 of Block 3, and Lots 1 through 7 of Block 4, all in Bel Air Third
Addition to the City of Kearney, Buffalo County, Nebraska and approve
Resolution No. 2006-112.
RESOLUTION
NO. 2006-112
BE IT RESOLVED BY THE VICE-PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY,
NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure
Agreement” between the City of Kearney and Jeffery Sikes, Designated Agent for
TWL, LLC, David Terveen, Lynn Terveen, and Myron Letcher and Carol Letcher for
the construction of public infrastructure for Lots 1 through 6 of Block 1, Lots
1 through 7 of Block 2, Lots 1 through 5 of Block 3, and Lots 1 through 7 of
Block 4, all in Bel Air Third Addition to the City of Kearney, Buffalo County,
Nebraska be and is hereby accepted and approved. The Agreement, marked as
Exhibit 1 is attached hereto, negotiated with Jeffery Sikes, Designated Agent
for TWL, LLC, David Terveen, Lynn Terveen, and Myron Letcher and Carol Letcher
to construct public improvements which include water, sanitary sewer, storm
sewer and paving within the said subdivision.
BE IT FURTHER RESOLVED that the Vice-President of the Council be and is hereby
authorized and directed to execute the same agreement on behalf of the City of Kearney.
PASSED AND APPROVED THIS 27TH DAY OF JUNE, 2006.
ATTEST:
RANDY BUSCHKOETTER
VICE-PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
15.
Approve the application for a Special Designated License submitted by KEARNEY STEAK
COMPANY, dba “Whiskey Creek” in connection with their Class IK35628 to dispense
beer, wine, and distilled spirits in the Exposition Building and in a
designated fenced beer garden west of the Exposition Building located at the
Buffalo County Fairgrounds, 3807 Avenue N, on August 3, 4, 5, and 7, 2006 from
8:00 a.m. until 1:00 a.m. and on August 6, 2006 (Sunday) from 12:00 noon until
12:00 midnight in connection with the Buffalo County Fair.
16.
Consider the request for a variance submitted by Paulino Salinas to install a
parking slab for wheel chair accessibility on property described as Lots 281
and 282, Original Town of Kearney Junction now the City of Kearney, Buffalo
County, Nebraska (2109 Avenue C) and approve Resolution No. 2006-113.
RESOLUTION NO.
2006-113
WHEREAS, Paulino Salinas has requested permission to install a parking slab for
wheel chair accessibility on property located at 2109 Avenue C; and
NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of
Kearney, Nebraska, that the request from Paulino Salinas to install a parking
slab for wheel chair accessibility on property located at 2109 Avenue C be
approved subject to the execution of an Agreement with the City Manager and
Paulino Salinas.
PASSED AND APPROVED THIS 27TH DAY OF JUNE, 2006.
ATTEST:
RANDY BUSCHKOETTER
VICE-PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
V.
CONSENT AGENDA ORDINANCES
None.
VI.
REGULAR AGENDA
ORDINANCE NO. 7258 – REZONING 570
FEET WEST OF THE INTERSECTION OF SWEETWATER AVENUE AND COAL CHUTE ROAD
(PERTAINS TO PUBLIC HEARING 2)
Vice-President Buschkoetter
stated the applicant has withdrawn its application to rezone; therefore,
Ordinance No. 7258 was also withdrawn. Therefore, no action was necessary.
ORDINANCE NO. 7268 – VACATE
(PERTAINS TO PUBLIC HEARING 4)
Ordinance No. 7268 vacating Lot 1
of Block 4, North Park, an addition to the City of Kearney, Buffalo County, Nebraska (2204 West 50th Street) which pertains to Public Hearing 4 will remain on the
table until July 11, 2006. Therefore, no action was necessary.
ORDINANCE NO. 7269 REZONE 145 FEET
WEST OF THE INTERSECTION OF 22ND AVENUE AND 50TH STREET (PERTAINS TO PUBLIC
HEARING 4)
Ordinance No. 7269 rezoning 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 0.656 acres, more or less,
Buffalo County, Nebraska (145 feet west of the intersection of 22nd Avenue and
50th Street) which pertains to Public Hearing 4 will remain on the table until
July 11, 2006. Therefore, no action was necessary.
OPEN ACCOUNT CLAIMS: FREMONT
NATIONAL BANK -- $39,011.54
Moved by Buschkoetter seconded by
Kearney that Open Account Claims in the amount of $39,011.54 payable to
Fremont National Bank be allowed. Roll call resulted as follows: Aye:
Buschkoetter, Clouse, Kearney. Nay: None. Hadley and Lear absent. Motion
carried.
VII.
REPORTS
39TH STREET UPDATE
City Manager Michael Morgan
stated that the 39th Street project is moving along and they hope to switch
sides later this week. The other side has less utilities and conflicts so
they hope for good weather during the week to get the project completed on
time.
2ND AVENUE UPDATE
City Manager Michael Morgan
stated that the State’s project on 2nd Avenue viaduct has switched to the other
lane. He has received questions regarding the reason why the surface is
so rough. The surface has been prepared that way due to ice control because the
viaduct tends to ice over in the winter.
AVENUE N PROJECT
City Manager Michael Morgan also
reported that Avenue N is open which was a great City/County cooperative
project.
OPEN MEETINGS ACT
City Clerk stated the Nebraska
Legislature has amended the state law concerning the Open Meetings Act.
This law will become effective July 14, 2006. It is required that all
public bodies, which includes the City’s Boards/Commissions, must have posted
in the meeting room a current copy of the Open Meetings Act. The
presiding officer must announce at the beginning of each meeting that the Open
Meetings Act is posted and where it is located. Also, the requirements to
go into executive session has changed in that the motion must state the exact
reason and the presiding officer must restate the reason prior to adjourning
into executive session.
BUDGET MEETING
Director of Finance and
Administration reminded the Council that the meeting to go over the budget was
scheduled for July 6, 2006 at 7:00 a.m. in the City Manager’s Conference Room.
VIII.
ADJOURN
Moved by Kearney seconded by
Clouse that Council adjourn at 7:15 p.m. Roll call resulted as follows: Aye:
Buschkoetter, Kearney, Clouse. Nay: None. Hadley and Lear absent. Motion
carried.
ATTEST:
RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND EX-OFFICIO
MAYOR
MICHAELLE E. TREMBLY
CITY CLERK