Archive Center • Council 03/25/2003

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Kearney, Nebraska

March 25, 2003

7:30 p.m.

Prior to the regular Council meeting, the Council met as the Board of Directors for the Kearney Municipal Airport Corporation in open and public session at 7:30 p.m. on March 25, 2003 in the Council Chambers at City Hall. This meeting adjourned at 7:37 p.m. A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:38 p.m. in the Council Chambers at City Hall. Present were: Bruce Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Galen Hadley, Don Kearney. Absent: Jose Zapata. G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Dennis Lewis, Dan Lynch, Don Dreyer, Kent Cordes, Dusty Rodiek, Paul Brungardt, Jim Tacha, Rich Spellman, Jerry Thompson, Bobby Turner, Betty Warren, Dan Lindstrom, Carlos Segura, Emmett Maul, Michelle McGeorge, Greg Werner, Travis Mason, Bill Crozier, 5 American Legion members, Antheny Bennett Chamness, Rocky Geiser, Josh Homan, Mike Konz from Kearney Hub, Dave Jenner 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 Bob Neben from Faith United Methodist Church provided the Invocation.

PLEDGE OF ALLEGIANCE

Boy Scouts Brad Carr, Logan Rall, and Benjamin Harms led the Council members and audience in the Pledge of Allegiance.

RECOGNITION – DENNIS LEWIS

Mayor Blankenship and Council Members recognized Dennis Lewis for 25 years of service with the Kearney Police Department. He was presented a watch.

RECOGNITION – KEARNEY VOLUNTEER FIREFIGHTERS

Mayor Blankenship and Council Members recognized the following Kearney Volunteer Fire Department members: Don Whetstone – 5 years and Dave Bunger – 5 years. They were each presented a plaque.

ORAL COMMUNICATIONS - PROCLAMATION

Mayor Blankenship read a proclamation proclaiming March 26, 2003 as University of Nebraska at Kearney Centennial Celebration Day. The Proclamation was presented to Michelle McGeorge.

ORAL COMMUNICATIONS – BLUE STAR BANNER

Bill Crozier, representative on behalf of the American Legion presented Mayor Blankenship and the Council with the Blue Star Banner.

II. UNFINISHED BUSINESS

There was no Unfinished Business.

III. PUBLIC HEARINGS

There were no Public Hearings.

IV. CONSENT AGENDA

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

1. Approve Minutes of Regular Meeting held March 11, 2003.

2. A Affordable Travel $492.50 Tr; Air Cleaning Technologies $19,950.00 Equip; Alamar Uniforms $1,164.00 Cla; Albright, D $394.00 Tr; Alltel $2,469.96 Various; AMAX $204.00 Su; Amer Red Cross $135.00 Serv; AWWA $57.00 Dues; Anderson Divan Cottrell $30.00 Serv; Antelope Newspaper $253.00 Adv; Aspen Pub $212.06 Su; Aviation Mgt. Consulting $2,179.27 Tr; Bain-McPhee, Mahala $20.00 Su; Baker & Taylor $2,522.21 Bks; Bamford $6,384.00 Various; BBC Audiobooks $179.91 Bks; Bernan $76.00 Bks; Big Flag $282.37 Inv; Bob's Super Store $10.00 Su; Books on Tape $190.40 Bks; Bowman, M $40.25 Tr; Bowmonk Limited $365.00 Rep; Broadfoot Sand $933.00 Su; Buffalo Air Service $1,922.00 Rep; Buffalo Co District Court $129.00 Ded; Builders How to Warehouse $173.04 Rep; Butler, Voigt & Stewart $266.00 Serv; CANDO $7,000.00 Grant; Capstone Press $1,862.70 Bks; Cardenas, O $20.86 Ref; Central Fire & Safety $1,252.50 Various; Charter Paging $63.33 Serv; Chesterman $128.81 Su; Child's World $548.40 Bks; City Glass $120.00 Rep; City of Kearney $52,243.69 Various; Clark Enersen Partners $6,901.54 Serv; College Savings Plan of NE $260.00 Ded; Compass Point Books $276.12 Bks; Concrete Workers $11,285.45 Serv; Conseco Life Ins $38.00 Ded; Construction Rental $110.00 Rep; Cordova, T $75.00 Tr; Corp Diversified Svcs $54,268.37 Claims; Cover-All of Clarinda $19,323.00 Rep; Crossroads Ford $123.55 Rep; Danko $777.30 Rep; DAS Communications $26.44 Serv; Dawson Co PPD $9,196.71 Various; Dept of Aeronautics $1,470.00 Various; D-Milaco $69.00 Cla; DPC Industries $3,570.01 Su; Dugan Business Forms $798.13 Su; Dutton Lainson $53.40 Inv; Dynix $20,135.48 Capital Outlay; Eakes Office Plus $269.34 Su; Eckhoff, N $397.43 Tr; Ecolab Pest $26.00 Su; Eustis Body Shop $2,564.25 Rep; Farm Plan $242.06 Rep; Flutter Wheels $75.00 Reim; Foot-Joy Drawer $35.36 Inv; Fowler, L $9.60 Tools; Fremont Nat'l Bank $33,550.66 Ded; Frontier $8,587.12 Various; Gary's I-80 Service $265.00 Serv; Graphic Screen Printing $144.00 Tr; Great Plains One-Call $132.62 Serv; H&G Cleaners $264.57 Serv; H&H Distributing $479.60 Su; Hascall, M $42.28 Ref; Heartland Coop $2,552.00 Inv; Hewitt, T $11.99 Ref; Hoffmeister, A $100.00 Serv; Hoss, R $21.57 Ref; ICMA RC $2,447.01 Ded; Information Publications $54.00 Bks; IRS $77,086.48 Ded; Interstate Structures $13,100.08 Serv; IPMA $387.25 Su; James Publishing $69.94 Su; Janway Co $67.88 Su; JDL Productions $50.00 Fees; Jeffs, J $22.52 Ref; Jenson Supply $460.56 Su; Jesch, D $23.90 Ref; Ky Area Chamber of Commerce $17,967.71 Various; Ky Clinic $562.00 Various; Ky Concrete $1,158.85 Su; Ky Hub $2,044.17 Adv; Kelley, M $73.17 Tr; Kirkham Michael $62,378.47 Serv; Koetters, J $20.00 Tr; Law Enforcement Accessories $316.50 Cla; Lawchek $250.00 Bks; League of NE Municipalities $714.00 Tr; Lexis Nexis Matthew Bender $64.80 Su; Linweld $84.07 Various; Lorman Education $289.00 Tr; Lynch, D $100.00 Tr; Magic Cleaning Services $600.00 Serv; Marshall, C $406.55 Bks; Martin, B $9.86 Ref; Matthew Bender & Co $64.80 Su; MES-Snyder $5,010.61 Various; Mid American Specialties $411.98 Su; Midlands Contracting $58,288.86 Various; Mid-State Engineering $520.00 Serv; Midtown Communications $144.00 Serv; Midwest Region ICPC $80.00 Tr; Milco Environmental Services $2,282.08 Fees; Miller & Associates $1,712.60 Various; Miller Signs $625.64 Su; Mitchell 1 $265.30 Bks; Molina, L $55.00 Reim; Mossbarger, B $200.00 Ins; Mundell, R $11.25 Ref; Municipal Supply $55.08 Inv; Munson Sales $150.90 Bks; Nat'l Paper Supply $131.43 Su; Nat'l Waterworks $10,057.49 Inv; NE Child Support $1,365.18 Ded; NE Library Commission $35.00 Tr; NE Dept of Agriculture $90.00 Renewal; NE Dept of Revenue $21,009.97 Taxes; NE Forest Service $40.00 Reg; NE Golf & Turf $86.10 Rep; NE Law Enforcement Training Ctr. $52.00 Su; NE Rural Water Assoc. $215.00 Tr; NE State Fire School $200.00 Fees; NEland Distributers $578.60 Su; Nelson, B $23.99 Ref; Northwestern Energy $5,026.10 Serv; NPPD $2,519.22 Serv; NSVFA Fire School $1,490.00 Reg; Oakstone $124.95 Su; Oliver, A $10.28 Ref; On-Site Mobile Sharpening $69.10 Su; Paramount Linen $208.61 Su; Pinnacle Exterior $57.35 Ref; Platte Valley Communications $192.80 Various; Platte Valley State Bank $25.00 Ded; Preferred Mail $83.90 Pstg; Presto-X $55.00 Rep; Price Tree Service $2,830.00 Serv; Purdy, K $34.73 Pc; Quality Fence $3,972.52 Nature Barn; Recognition Unlimited $225.30 Incentives; Recorded Books $76.50 Bks; Saathoff, J $21.78 Various; Sec of State Notary Div $30.00 Fee; Sherwin Williams $619.83 Rep; Snap On Tools $49.67 Inv; Spectra Engineering $800.00 Serv; St of NE HHS Lab $424.00 Serv; Story, G $965.48 Various; Sun Turf $527.73 Rep; Swanson Corp $1,294.72 Tr; Swanson, K $356.93 Tr; Sydow, J $225.00 Reim; T&B Cleaning $1,543.90 Serv; Thome, B $17.25 Tr; Thompson, J $40.25 Tr; Titleist Drawer $805.32 Inv; TMA Resources $387.25 Su; Unico $1,928.89 Ins; US Postmaster $340.00 Pstg; Utility Equipment $1,256.27 Inv; Village Cleaners $170.20 Rep; Waggoner Plumbing $600.00 Ref; Walters, C $15.00 Reim; Wells Fargo Bank $229,738.00 Trust Acct Payment; West Group $894.58 Su; Westfall GMC Truck $866.07 Rep; Wilke, C $17.25 Tr; Woods & Aitken $443.76 Serv; Wylam, T $218.38 Reim; Zimmerman Printers $195.00 Su;; Payroll Ending 03-08-2003 -- $224.864.51. 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. Ratify the action taken by the Kearney Municipal Airport Corporation on approving the Plans and Specifications for Phase II of Security Fencing at the Kearney Municipal Airport pending modifications in the document required by the Federal Aviation Administration and set the bid opening date.

4. Approve the request submitted by Cathleen Headlee to extend Conditional Use Permit No. 95-02 to locate a dog grooming service at 211 East 30th Street for a period of one year.

5. Approve the request submitted by the Kearney Police Department/Buffalo County Sheriff’s Department to barricade Avenue B from Railroad Street to a half block north on May 9, 2003 from 8:00 a.m. until 5:00 p.m. on May 10, 2003 for their annual auction.

6. Approve the “Joint Kearney-Buffalo County Emergency Management Agreement Modification” between the City of Kearney and Buffalo County and approve Resolution No. 2003-42.

RESOLUTION NO. 2003-42

BE IT RESOLVED by the City Council of the City of Kearney, Nebraska, that the City Manager be and is hereby authorized and directed to execute the Joint Kearney-Buffalo County Emergency Management Agreement Modification on behalf of the City of Kearney, Nebraska, with Buffalo County, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

PASSED AND APPROVED THIS 25TH DAY OF MARCH, 2003.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

V. CONSENT AGENDA ORDINANCES

ORDINANCE NO. 6943 – REPEAL ORDINANCE NOS. 6826 AND 6936

When the Deyle Charitable Trust Subdivision was created, lying north of 44th Street and west of 2nd Avenue, a 200-foot setback line was platted as part of the subdivision. In August of 2001 the property owner, Betty Connell, and the prospective purchaser Steve Sickler requested the Council to vacate the 200-foot building setback line as platted on Lots 2 and 3, Deyle Charitable Trust Subdivision in order to sell Mr. Sickler a small lot for the construction of Barista’s Coffee Shop. Part of the agreed upon process included the re-establishment of the 200-foot setback line as part of the minor subdivision plat and approval, filed to convey the portion sold to Mr. Sickler for Barista’s. On September 11, 2001 the Council passed and approved Ordinance No. 6826, vacating the 200-foot building setback line.

The subsequent owner of Lots 2 and 3, Builder’s Warehouse (Myron Anderson), by and through its attorney, Jeff Orr, questioned whether the 200-foot setback had been legally re-established by the filing of the minor subdivision. In order to resolve the dispute, the City recommended that Builder’s Warehouse make application to the Council to vacate the 200-foot setback line, which was done on January 13, 2003. Acting on the recommendation of the Planning Commission, the City Council passed and approved Ordinance No. 6936 to vacate the 200-foot setback and re-establish the line at “50 feet west of the 40-foot Permanent Roadway Easement as defined on the Final Plat of Deyle Charitable Trust, an addition to the City of Kearney, Buffalo County, Nebraska”. Upon forwarding Ordinance No. 6936 to the Register of Deeds, that office reported there were errors in the legal description and referred it back to the City. Because there are, in fact, several errors in the legal description provided to the City, the Ordinance must be readopted.

Council Member Kearney introduced Ordinance No. 6943, being Subsection 1 of Agenda Item V to repeal Ordinance Nos. 6826 and 6936 and to vacate the 200-foot building setback line as platted (and recorded on minor subdivision filed October, 2001) on all of Lot 2 and Lot 3 except that part of Lots 2 and 3 lying between the frontage road and 2nd Avenue, Deyle Charitable Trust, an addition to the City of Kearney, Buffalo County, Nebraska subject to re-establishing the building setback line at 50 feet west of the 30-foot Permanent Roadway Easement as defined on the final plat of Deyle Charitable Trust Addition, 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 Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Hadley. Nay: None. Zapata absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 6943 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Hadley. Nay: None. Zapata absent. Motion carried. Ordinance was read by number.

Moved by Buschkoetter seconded by Hadley that Ordinance No. 6943 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6943 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

VI. REGULAR AGENDA

TEXAS T-BONE MANAGER APPLCIATION – ANTHENY CHAMNESS

Mayor Blankenship opened for discussion the Application for Corporate Manager of Antheny Bennett Chamness submitted by DCI, INC., dba “Texas T-Bone” in connection with their Class ‘I’ (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License and located at 121 West 46th Street.

The application for this change was forwarded by the City Clerk’s Office and a background investigation was conducted on the applicant, Mr. Chamness. Mr. Chamness is the business owner and, also, currently holds a Nebraska liquor license through another business, Texas T-Bone in Grand Island Nebraska. Nothing in the background investigation would indicate any problems with the current establishment, nor were any irregularities or concerns found in Mr. Chamness’ other business or previous businesses.

Mr. Chamness is the owner of the Texas T-Bone restaurant and desires being made the corporate manager on the license to eliminate the issues he has had in the turn over of business personnel. This is not an unusual request and it is his intention to hire someone to do the day to day management of the restaurant. Mr. Chamness would retain oversight and responsibility for the business and its sale of alcoholic beverages. He has a substantial background in this business and again, nothing negative was found during the background investigation.

Antheny Bennet Chamness presented this matter to the Council. He has been in the restaurant business for 29 years. He started in Kearney on April 1, 1974. He said that a liquor license is an important part of the restaurant business as a supplement income in selling alcoholic beverages. He stated that he understands the seriousness of serving alcohol especially in a college town, where there is a large underage population. Their bartenders have been trained on proper ID and signs are posted.

In his interview by the Police Department, he told them he welcomed any visitation by any police officer at any time to make sure his operation is being run professionally and properly according to law. After being in the business for 30 years, he understands, approves, and supports the liquor laws regarding underage drinking not being allowed. He also supports the policy not to serve intoxicated people. The restaurant has a four-drink limit. If someone is suspected of being intoxicated, he will make an investigation and if that is the case, that individual will not be allowed to purchase additional alcohol.

Moved by Hadley seconded by Blankenship to approve the Application for Corporate Manager of Antheny Bennett Chamness submitted by DCI, INC., dba “Texas T-Bone” in connection with their Class ‘I’ (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License and located at 121 West 46th Street. Roll call resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion carried.

DEFERRAL OF SPECIAL ASSESSMENTS – PAVING DISTRICT NO. 98-788 AND WATER DISTRICT NO. 98-485

Mayor Blankenship opened for discussion the application for deferral of special assessments submitted by Tim Norwood, President of NP Land Development, Inc. in connection with Paving Improvement District No. 98-788 and Water District No. 98-485 for Avenue N from 56th Street north 1,700 feet.

Director of Public Works Rod Wiederspan presented this matter to the Council. Section 19-2429 of the Nebraska Revised Statutes provides any owner of record title to make application to the city council for deferral of special assessments within ninety days after creation of an improvement district. Such land shall be adjacent to the city which is within an agricultural use zone and is used exclusively for agricultural use.

On March 10, 1998 the City Council approved Ordinance No. 6374 creating Paving Improvement District No. 98-788 and Ordinance No. 6375 creating Water District No. 98-485 for Avenue N from 56th Street north 1,700 feet. On April 14, 1998 the City Council approve the request submitted by Thomas Larsen and Theodore Larsen for a deferral from the special assessments for their land located in the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, in connection with Paving Improvement District No. 98-788 and Water District No. 98-485.

NP Land Development, Inc. has purchased the above property from Thomas, Julie, Theodore, and Penalton Larsen and intends to maintain the property for agricultural purposes at this time. According to Section 19-2430 of the Nebraska Revised Statutes “the deferral shall be terminated upon any of the following events . . . (2) sale or transfer to a new owner who does not make a new application within sixty days of the sale or transfer . . .” Attached is an application submitted by Tim Norwood, President of NP Land Development, seeking to continue the deferral of special assessments on this same tract of land.

Funds necessary to pay for the construction of these improvements have been included in the budget. The deferral of the special assessments shall continue unless terminated upon any of the following events: (1) notification by the owner of record title to the city council to remove such deferral; (2) sale or transfer to a new owner who does not make a new application within sixty days of the sale or transfer; (3) transfer by reason of death of a former owner to a new owner who does not make application within 125 days of the transfer; (4) the land is no longer being used as agricultural land; or (5) change of zoning to other than an agricultural zone.

Moved by Blankenship seconded by Kearney to approve the application for deferral of special assessments submitted by Tim Norwood, President of NP Land Development, Inc. in connection with Paving Improvement District No. 98-788 and Water District No. 98-485 for Avenue N from 56th Street north 1,700 feet. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney. Nay: None. Zapata absent. Motion carried.

AWARD BID – 56TH STREET BOX CULVERT

Mayor Blankenship opened for discussion the bids received for the construction of the 56th Street Box Culvert located west of Avenue I and approve Resolution No. 2003-43 awarding the bid to Midlands Contracting Inc. of Kearney, Nebraska in the amount of $106,256.90.

As part of the 2002 Long Range Goals, Budget process, and the current One and Six Year Street Plan the City Council approved Paving Improvements for 56th Street from 2nd Avenue to Avenue N. The first phase of this project is to replace the galvanized culvert under 56th Street with a concrete box culvert that will allow the installation of a 4-lane road over the top in the next phase of this project.

Sealed bids for the Box Culvert Phase of the 56th Street project were received on Tuesday, March 18, 2003 at 2:00PM. The following three (3) bids were received:

Midlands Contracting, Inc., Kearney, NE	$106,256.90
Starostka Group Unlimited Inc., Grand Island, NE	$120,270.77
Strobel Construction Unlimited Inc., Clarks, NE	$185,703.70

All proposals have been reviewed. No errors, omissions, or exceptions were noted. The contractor’s completion date is May 30, 2003.

The Engineer’s Opinion of Probable Construction Cost was $144,823.00. The low bid from Midlands Contracting, Inc., is 7% below the Engineer’s Opinion of Probable Construction Cost. Advertisements for Bids were transmitted to the list of Contractors, plan houses and suppliers in the area. The Engineer therefore recommended the bids be accepted and the contract awarded to Midlands Contracting, Inc., in the amount of $106,256.90.

Kent Cordes from Miller & Associates was present to answer any questions from the Council.

Moved by Kearney seconded by Buschkoetter to approve the bids received for the construction of the 56th Street Box Culvert located west of Avenue I and approve Resolution No. 2003-43 awarding the bid to Midlands Contracting Inc. of Kearney, Nebraska in the amount of $106,256.90. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney. Nay: None. Zapata absent. Motion carried.

RESOLUTION NO. 2003-43

WHEREAS, Miller & Associates Consulting Engineers have reviewed the sealed bids which were opened on March 18, 2003, at 2:00 p.m. for the construction of the 56th Street Box Culvert located west of Avenue I; and

WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $144,823.00; and

WHEREAS, the said engineers have recommended the bid offered by Midlands Contracting, Inc. of Kearney, Nebraska in the sum of $106,256.90 be accepted as the lowest responsible bid.

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Midlands Contracting, Inc. of Kearney, Nebraska be and is the lowest responsible bidder for the construction of the 56th Street Box Culvert located west of Avenue I to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Midlands Contracting, Inc. in the sum of $106,256.90 be and is hereby accepted.

BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the construction of the 56th Street Box Culvert located west of Avenue I in the amount of $144,823.00 be and is hereby accepted.

BE IT FURTHER RESOLVED that the 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 MARCH, 2003.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

AWARD BID – TRICKLING FILTER MEDIA REPLACEMENT AT WASTEWATER TREATMENT PLANT

Mayor Blankenship opened for discussion the bids received for the Trickling Filter Media Replacement at the Wastewater Treatment Plant Facility and approve Resolution No. 2003-44 awarding the bid to Starostka Group Unlimited of Grand Island, Nebraska in the amount of $145,500.00.

During the hailstorm that occurred on June 12, 2002 the Trickling Filter Media at the Wastewater Treatment Plant was damaged. The Trickling Filter Media provides a surface for biological growth. The biological growth assists with the treatment of wastewater by consuming bacteria in the wastewater as it flows over and through the media. The Trickling Filter Media Replacement project is not included in the budget but the cost of replacement will be paid for by insurance coverage.

At the January 28, 2003 Council meeting the Council approved the plans and specifications that included the removal of the damaged media, replacement of the damaged media and the disposal of the damaged media.

On March 18, 2003 the City received sealed bids for the removal, replacement and disposal of the damaged media. Four contractors submitted bids for the project. A letter from Miller and Associates, the city’s engineer, recommending award of the project and a bid tabulation sheet are attached for your review. An Alternate bid was also received to provide some competition to Brentwood Manufacturing who was the supplier of the media that was initially installed in the trickling filters. Starostka Group Unlimited of Grand Island submitted the low bid in the amount of $145,500.00 for the removal of the damaged media the disposal of the damaged media and for the replacement of the damaged media with media supplied by Brentwood Manufacturing. The engineer’s estimate for the project was $205,000.00.

This project is to replace Trickling Filter Media at the Wastewater Treatment Plant that was damaged by hail during the June 12, 2002 hailstorm. The low bid received to remove, replace and dispose of the damaged media is $145,500.00. The insurance adjusters estimate for the work was $154,500.00. The engineer’s estimate was $205,000.00. The City Clerk/Risk Manager will be submitting the bid to the insurance company for reimbursement of our costs.

Greg Werner from Miller & Associates was present to answer any questions from the Council.

Moved by Buschkoetter seconded by Hadley to approve the bids received for the Trickling Filter Media Replacement at the Wastewater Treatment Plant Facility and approve Resolution No. 2003-44 awarding the bid to Starostka Group Unlimited of Grand Island, Nebraska in the amount of $145,500.00. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Hadley. Nay: None. Zapata absent. Motion carried.

RESOLUTION NO. 2003-44

WHEREAS, Miller & Associates Consulting Engineers have reviewed the sealed bids which were opened on March 18, 2003, at 2:00 p.m. for the Trickling Filter Media Replacement at the Wastewater Treatment Plant Facility; and

WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $205,000.00; and

WHEREAS, the said engineers have recommended the bid offered by Starostka Group Unlimited Inc. of Grand Island, Nebraska in the sum of $145,500.00 be accepted as the lowest responsible bid.

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Starostka Group Unlimited Inc. of Grand Island, Nebraska be and is the lowest responsible bidder for the Trickling Filter Media Replacement at the Wastewater Treatment Plant Facility to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Starostka Group Unlimited Inc. in the sum of $145,500.00 be and is hereby accepted.

BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the Trickling Filter Media Replacement at the Wastewater Treatment Plant Facility in the amount of $205,000.00 be and is hereby accepted.

PASSED AND APPROVED THIS 25TH DAY OF MARCH, 2003.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

ORDINANCE NO. 6944 – PAVING DISTRICT NO. 2003-871

The next 9 items were presented, discussed and voted together.

Chapter 16 of the Nebraska Revised Statutes spells out the rules by which paving, water, and sewer districts may be created in public entities. Basically, the Council has the power to create districts and make improvements and assess the costs to the property which is benefited by the improvements.

After such a district has been requested, the Mayor and Council by ordinance shall create districts according to Sections 16-619 and 16-667 of the Nebraska Revised Statutes. At that time, the City must publish notice of the creation of the district one time each week for not less than 20 days in a daily or weekly newspaper of general circulation in the City. After publication, if the owners of the record title representing more than 50% of the front footage of the property abutting or adjoining any continuous or extending improvements objects in writing within 20 days (30 days for water and sewer) from the first publication of said notice the work will not be done. If objections are not filed against the district in a timely manner, which meets the law, the Mayor and Council shall proceed to construct such improvements.

Letters from Rex Helleberg requesting improvements to the alley north of 2412 Central Avenue; and from Greg VanSkiver for Johnson Cash-Way Lumber requesting that paving, water and sewer districts be created for 52nd Street, Avenue B Place, and Avenue C Place in Skiview Estates Third and Fourth Additions were presented. 56th Street and North Railroad Street are two projects that the City Council recently approved on the City’s One Year Street Improvement Plan. According to the state statutes, the Council has the authority to pass ordinances which would create the districts and begin the process prescribed by law.

Rod Wiederspan stated these projects were on the six year plan. They have been approved for the one year plan. The alley project will be done although it was not required to be listed on the six year plan. The purpose of a district is that it gives the City the ability to assess the cost back the property owners. The City designs, bids, and oversees the construction of each district and when the projects are completed they are brought back to the Council, such as Board of Equalization, and levies the assessments for the work performed. There is a five year period to pay back the water and sewer and the paving is over a ten year period. On the 56th Street project that is going to a four lane section, the amount assessed back is the equivalent of a 36-foot wide local street, so the property owners are not paying for the over sizing. The City picks up the over sizing for the 48 foot wide street, as well as the thickness of 8 inches instead of 6 inches.

The arterial policy at this time is the City picks up 100 percent of low-density housing. This means if the building is a duplex or single family home, in order to limit the number of driveways that access onto the arterials, the City pays 100 percent. It is not stated that they cannot open onto an arterial, but in all the new developments and subdivisions they try to control those accesses. The commercial and multi-family dwellings usually want to be on the arterial and they pay the equivalent of what a 36-foot wide street would be.

Mayor Blankenship asked if there are questions about cost in the next 20 days, could they get a ballpark figure of the cost on any of these projects? He stated that he believed this is a true form of democracy because if the majority of those that are paying for the project object, they can vote it out.

Director of Public Works responded that they have not bid any paving work this year, but going off last year’s bids, they can estimate fairly close. They always estimate high because it is easier to give money back then ask for more.

Dan Lindstrom, attorney for Carlos Segura, addressed the Council on the improvements to 56th Street. He stated that there is a question that was raised by the creation of the district. The first development is located adjacent to Parklane Drive and 56th Street. It consists of twelve units –it has four duplexes and one 4-plex. There is another unit adjacent to this property being developed. Mr. Lindstrom said he talked with Mr. Wiederspan about the City’s policy for assessment of single family, multi-family residential, and paving districts. City staff considers this new street construction although there is a street there. The staff usually defines high density being more than a duplex. The way this particular development is put together, there is quite a bit of space between the buildings and per unit.

In the development presently being constructed, there is 7,860 sq. ft. and in the Lot 1 unit there is over 8,000 sq. ft. per unit. He compared this to one of the lots (70’x125’) that is an average size single family residential for Kearney, equaling 8,750 sq. ft. The point he made was these were very close to the same level of density. He asked the Council to clarify the definition of high-density versus low-density for the purpose of establishing policy for assessments. He stated that the assessment adds a great deal of cost to Mr. Segura’s development and to the owners of the properties that have purchased within the first development. Mr. Lindstrom requested on behalf of the group of homeowners of the first development and the development that is being created, to exempt Mr. Segura from the assessment for the 56th Street Paving District.

Council member Kearney asked if the Council has been consistent in the application in the past regarding assessing arterial streets. He wanted to know what the time frame was for this to be researched.

Director of Public Works responded that the policy has been that anything over a duplex is considered high density as per the zoning classifications. The property owners have 20 days after the district is created for any objections. He went on to explain that multi-family is R-3G or R-3. R-1 or R-2 is low density on the land use maps that they use. They have always gone by what the land use map has it labeled even if a developer chooses to build units that are less than the requirement. By definition of the zoning ordinance high density is anything above a duplex. This definition is in accordance with the new UDO.

City Attorney Mike Kelley stated that the Board of Equalization normally considers those kinds of questions. He advised the proper way is to proceed with the creation of the districts. If there is valid protest or consideration on the application of the policy, it can be taken up before the levy is made and adjusted at the Board of Equalization.

Mayor Blankenship asked if the Council must create a district when it is requested and then follow up with the 20 day approval period.

Mr. Kelley responded that technically the Council does have discretion in all things. The policy and the procedure have been to create the district and if there is an objection, to follow the statutory procedures that are set forth in the State’s laws. He advised that according to the policy, instead of knocking out the district, which the Council has never done in the past, is to create the district. If there is an insufficient protest and the assessment is going to be made, then the staff will look at that policy and levy those assessments when they come to the Board of Equalization. If there is an objection at that point, then that is where they field the adjustment on them. The theory in the law is that the assessment be levied according to the benefit to the property. They have tried to follow the State laws and the State cases that been handed down. That is why there is a policy to insure there is equal treatment in all cases.

Director of Public Works added that when they developed this policy, they were trying to promote the new subdivisions to limit access onto arterials. They want to avoid problems like they have had on 39th Street with single family homes having individual driveways onto 39th Street, which congests and creates safety and traffic problems.

He stated that Eastbrooke Subdivision has a number of duplexes where the houses face the duplex back onto the arterial. In that situation, the arterial is not assessed back to the single family. That single family does pay for a street that is in front of their home on the front side.

Betty Warren from Coldwell Banker stated that she believed the one thing that is not getting explained is that even though this is zoned R-3, these are being sold as condominiums. They are not a multi-family area where there are apartments. Each one has been sold individually and have been reasonably priced, which is why they have sold. People don’t realize that the other units are duplexes and there is only one 4-plex in the first development. This made less parking problems for the developer. Each one of those is individually owned. In the next part, they only want to have access to them from 56th Street. There is very little driveway area going onto 56th Street. The first development comes off of Parklane Drive, not 56th Street. She further stated the traffic on 56th Street is unimaginable. She believes that the City needs to take a strong look at 56th Street. She does not believe that it is fair to assess property owners back for a street that is already there. It is a truck route and a very busy street.

Council member Kearney asked if Ms. Warren believed that it should be addressed at the Board of Equalization since she believed that it should be widened? He stated that the Board of Equalization is the area when issues can be raised from past performance or precedents that might be set in the future.

Ms. Warren responded that would be agreeable. She did not realize that was the situation. She just became aware of the situation that this was going to be assessed back. She believed the Council needed to be aware of 56th Street and the problems that it would cause to assess those homeowners. She believed that 56th Street was being widened for the access to Kearney, not for those homeowners. She inquired as to who paid for the widening of 56th Street from 2nd Avenue west and if the homeowners paid for any of the first part?

Director of Public Works answered that the County paid for it and the first part was paid by the State project and not assessed. The first part was built as asphalt by the State when John Deere was originally going to go in there. When the City went in and redid the sewer line on 56th Street, they removed the asphalt and put back concrete because they knew it was going to be widened in the future and it didn’t make sense to put back the asphalt. They designed it with the ability to add lanes in the future and leave that street in place. From that point west, the part just completed, was a County project with grant money that they received.

Carlos Segura, 803 East 37th Street, stated he wanted to thank the City staff for their help in developing his project and that he did not have any complaint about that part of it. The reason that he came to the Council with Mr. Lindstrom is that he found some inconsistencies in the ordinance law that is being used for assessments. He submitted the application a year and a half ago for development of a piece of land that he owned in Avenue “R” which was zoned RP-3G, and at that time the requirement per unit was considered multi-family and high density. It was 3,000 sq. ft. per unit. In the last year, the City has changed the numbers and is now about 2,500 sq. ft. In this project there is over 7,800 sq. ft. per unit. Their intent was to develop a different type of project. He didn’t think that they would receive any benefit as a residential project. Sometimes a street can enhance benefits to a commercial project, but in this case, it is not good for the homeowners. The first project that he developed is facing Parklane Drive, which has a double garage attached to each unit and a double car driveway for each. There are twelve spots to park inside. He does not believe that there will be a lot of traffic generated from the project. The second project has the same number of parking spaces inside the project, but faces 56th Street. There will be over 400 feet of distance between the exit and the entrance, which he does not believe will cause a lot of traffic. He asked that the City consider his petition.

Council member Kearney stated that he believed that this should be brought to the Board of Equalization at the time of assessments. This would give Mr. Lindstrom time to investigate. Mayor Blankenship stated that it appears that everyone wants the 56th Street project to continue. He stated that he doesn’t want to hold up the project if there is other recourse involved. Council member Buschkoetter said the Council always has to draw the line somewhere. It could be the square footage, but he believes that a duplex versus a tri-plex is a logical line.

Mr. Lindstrom stated he thought what the City Attorney said was correct. He believed that they needed to bring this issue back at a later time. He didn’t believe that Mr. Segura or any of the others that spoke had any interest in derailing the improvements to 56th Street. He did want to come back and talk about the policy. He said this is not an issue of the Unified Development Ordinance, but relates to an ordinance that the Council passed that says this is the policy for assessment. This ordinance is about four or five years old and has language that is not clear and needs to be made more specific. There are some policy reasons for wanting to draw the line and by deciding what things to encourage or discourage developers from doing, and then the City will get what they want. He said they would come back later and address this again.

Council Member Hadley introduced Ordinance No. 6944, being Subsection 5 of Agenda Item VI to create Paving Improvement District No. 2003-871 for an alley lying between 24th Street and 25th Street from 1st Avenue to Central 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 Blankenship seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 6944 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion carried. Ordinance was read by number.

Moved by Blankenship seconded by Kearney that Ordinance No. 6944 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney. Nay: None. Zapata absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6944 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. 6945 – PAVING DISTRICT NO. 2003-872

Council Member Hadley introduced Ordinance No. 6945, being Subsection 6 of Agenda Item VI to create Paving Improvement District No. 2003-872 for North Railroad Street from Central Avenue to Avenue B, 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 Blankenship seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 6945 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion carried. Ordinance was read by number.

Moved by Blankenship seconded by Kearney that Ordinance No. 6945 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney. Nay: None. Zapata absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6945 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. 6946 – PAVING DISTRICT NO. 2003-873

Council Member Hadley introduced Ordinance No. 6946, being Subsection 7 of Agenda Item VI to create Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive, 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 Blankenship seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 6946 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion carried. Ordinance was read by number.

Moved by Blankenship seconded by Kearney that Ordinance No. 6946 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney. Nay: None. Zapata absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6946 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. 6947 – PAVING DISTRICT NO. 2003-874

Council Member Hadley introduced Ordinance No. 6947, being Subsection 8 of Agenda Item VI to create Paving Improvement District No. 2003-874 for 52nd Street from Avenue E, west to the west lot line of Lot 4 of Block 3, Skiview Estates Third Addition, 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 Blankenship seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 6947 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion carried. Ordinance was read by number.

Moved by Blankenship seconded by Kearney that Ordinance No. 6947 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney. Nay: None. Zapata absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6947 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. 6948 – PAVING DISTRICT NO. 2003-875

Council Member Hadley introduced Ordinance No. 6948, being Subsection 9 of Agenda Item VI to create Paving Improvement District No. 2003-875 for Avenue C Place from 52nd Street to its terminus in a cul-de-sac, 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 Blankenship seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 6948 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion carried. Ordinance was read by number.

Moved by Blankenship seconded by Kearney that Ordinance No. 6948 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney. Nay: None. Zapata absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6948 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. 6949 – PAVING DISTRICT NO. 2003-876

Council Member Hadley introduced Ordinance No. 6949, being Subsection 10 of Agenda Item VI to create Paving Improvement District No. 2003-876 for Avenue B Place from 52nd Street to its terminus in a cul-de-sac, 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 Blankenship seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 6949 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion carried. Ordinance was read by number.

Moved by Blankenship seconded by Kearney that Ordinance No. 6949 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney. Nay: None. Zapata absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6949 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. 6950 – WATER DISTRICT NO. 2003-526

Council Member Hadley introduced Ordinance No. 6950, being Subsection 11 of Agenda Item VI to create Water District No. 2003-526 for 52nd Street from Avenue E west to the west lot line of Lot 4 of Block 3, Skiview Estates Third Addition including Avenue B Place and Avenue C Place, 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 Blankenship seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 6950 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion carried. Ordinance was read by number.

Moved by Blankenship seconded by Kearney that Ordinance No. 6950 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney. Nay: None. Zapata absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6950 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. 6951 – SEWER DISTRICT NO. 2003-467

Council Member Hadley introduced Ordinance No. 6951, being Subsection 12 of Agenda Item VI to create Sewer District No. 2003-467 for Avenue B Place from 52nd Street to its terminus in a cul-de-sac, 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 Blankenship seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 6951 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion carried. Ordinance was read by number.

Moved by Blankenship seconded by Kearney that Ordinance No. 6951 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney. Nay: None. Zapata absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6951 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. 6952 – SEWER DISTRICT NO. 2003-468

Council Member Hadley introduced Ordinance No. 6952, being Subsection 13 of Agenda Item VI to create Sewer District No. 2003-468 for Avenue C Place from 52nd Street to its terminus in a cul-de-sac, 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 Blankenship seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 6952 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion carried. Ordinance was read by number.

Moved by Blankenship seconded by Kearney that Ordinance No. 6952 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney. Nay: None. Zapata absent. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6952 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.

2003 PART II IMPROVEMENTS – PLANS AND SPECIFICATIONS

Mayor Blankenship opened for discussion the Plans and Specifications for the 2003 Part II Improvements consisting of Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet east of Parklane Drive and set the bid opening date for April 16, 2003 at 2:00 p.m.

As part of the 2002 Long Range Goals, Budget process, and the current One and Six Year Street Plan the City Council approved Paving Improvements for 56th Street from approximately 250’ feet east of 2nd Avenue to Avenue N. The improvements consist of widening 56th Street to four lanes, curb and gutter, storm sewer, and a hike bike trail on the south side.

The City is ready to advertise and receive bids for the 56th Street project at this time. The bid opening date is scheduled for April 16, 2003 at 2:00 p.m. The Engineer’s Opinion of Probable Construction Cost ranges between $1,000,000 and $1,350,000. The work involved will be substantially complete on or before October 1, 2003.

Travis Mason from Miller & Associates was present to answer any questions from the Council.

Moved by Kearney seconded by Buschkoetter to approve the Plans and Specifications for the 2003 Part II Improvements consisting of Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet east of Parklane Drive and set the bid opening date for April 16, 2003 at 2:00 p.m. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney. Nay: None. Zapata absent. Motion carried.

2003 PART III IMPROVEMENTS – PLANS AND SPECIFICATIONS

Mayor Blankenship opened for discussion the Plans and Specifications for the 2003 Part III Improvements consisting of Paving Improvement District No. 2003-874 for 52nd Street from Avenue E to 175 feet west of Avenue B Place, Paving Improvement District No. 2003-875 for Avenue C Place from 52nd Street to its terminus in a cul-de-sac, Paving Improvement District No. 2003-876 for Avenue B Place from 52nd Street to its terminus in a cul-de-sac, Water District No. 2003-526 for 52nd Street from Avenue E west southwest a distance of 1085± feet and includes Avenue B Place and Avenue C Place, Sewer District No. 2003-467 for Avenue B Place from 52nd Street to its terminus in a cul-de-sac, and Sewer District No. 2003-468 for Avenue C Place from 52nd Street to its terminus in a cul-de-sac and set the bid opening date for April 15, 2003 at 2:00 p.m.

Greg VanSkiver for Johnson Cash-Way Lumber has requested that paving, water and sewer districts be installed for 52nd Street, Avenue B Place, and Avenue C Place in Skiview Estates Third and Fourth Additions. The City is ready to advertise and receive bids for the 2003 Part III Improvements at this time. The bid opening date is scheduled for April 15, 2003 at 2:00 p.m. The Engineer’s Opinion of Probable Construction Cost ranges between $275,000 and $333,000. The work involved will be substantially complete on or before July 31, 2003.

Travis Mason was present to answer any questions from the Council.

Moved by Buschkoetter seconded by Hadley to approve the Plans and Specifications for the 2003 Part III Improvements consisting of Paving Improvement District No. 2003-874 for 52nd Street from Avenue E to 175 feet west of Avenue B Place, Paving Improvement District No. 2003-875 for Avenue C Place from 52nd Street to its terminus in a cul-de-sac, Paving Improvement District No. 2003-876 for Avenue B Place from 52nd Street to its terminus in a cul-de-sac, Water District No. 2003-526 for 52nd Street from Avenue E west southwest a distance of 1085± feet and includes Avenue B Place and Avenue C Place, Sewer District No. 2003-467 for Avenue B Place from 52nd Street to its terminus in a cul-de-sac, and Sewer District No. 2003-468 for Avenue C Place from 52nd Street to its terminus in a cul-de-sac and set the bid opening date for April 15, 2003 at 2:00 p.m. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Hadley. Nay: None. Zapata absent. Motion carried.

PLANS & SPECIFICATIONS – YANNEY HERITAGE PARK HIKE/BIKE TRAIL

Mayor Blankenship opened for discussion the Plans and Specifications for the proposed Yanney Heritage Park Hike/Bike Trail and set the bid opening date for April 14, 2003 at 2:00 p.m.

The City applied for a state trail grant for a bridge and trail in Yanney Heritage Park. The $146,600 project was one-half grant one-half Yanney Foundation match. Plans and specifications for project were presented with a bid opening date scheduled for April 14, 2003. The City is the administrator of the grant. There are no city funds included.

Paul Brungardt from Kirkham Michael presented this matter to the Council. He stated that the Hike/Bike Trail for Yanney Park which will be about 700 linear feet of a 10-foot wide trail that connects the south parking lot up to the pedestrian bridge and then over to the tower and an additional 700 linear feet of an 8-foot trail that runs basically from the northeast corner of the property and as far to the tower as possible. The bid opening date is scheduled for April 14, 2003 at 2:00 p.m.

There are no City funds included in this project, half is from the Yanney Park Foundation and the other half is grant money. The completion date will be approximately mid-June. All the grading is taken care of at the park and it is just a matter of placing the trail.

Moved by Hadley seconded by Blankenship to approve the Plans and Specifications for the proposed Yanney Heritage Park Hike/Bike Trail and set the bid opening date for April 14, 2003 at 2:00 p.m. Roll call resulted as follows: Aye: Blankenship, Kearney, Hadley, Buschkoetter. Nay: None. Zapata absent. Motion carried.

OPEN ACCOUNT CLAIMS -- BRUCE BLANKENSHIP -- $95.40

Moved by Kearney seconded by Buschkoetter that Open Account Claims in the amount of $95.40 payable to Bruce Blankenship be allowed. Roll call resulted as follows: Aye: Buschkoetter, Hadley, Kearney. Nay: None. Blankenship abstained. Zapata absent. Motion carried.

VII. REPORTS

None.

VIII. ADJOURN

Moved by Buschkoetter seconded by Hadley that Council adjourn at 8:49 p.m. Roll call resulted as follows: Aye: Blankenship, Hadley, Kearney, Buschkoetter. Nay: None. Zapata absent. Motion carried.

BRUCE L. BLANKENSHIP

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK

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