Kearney, Nebraska
June 12, 2007
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
12, 2007, in the Council Chambers at City Hall. Present were: Stanley A.
Clouse, President of the Council; Michaelle Trembly, City Clerk; Council
Members Randy Buschkoetter, Don Kearney, Bruce Lear, and Bob Lammers. Absent:
None. Michael Morgan, City Manager; Michael Tye, City Attorney; Amber Brown,
Assistant to 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: John Sydow, Jerry Thompson, Bob Seals, Terry Seals, Terry
Eirich, Gene Beerbohm, Ken Tracy, Alicia Tracy, Pat Garrelts, Steve Boyer, Mary
Wing, Charlie Wing, Lean Brandt, Lance Handley, Tim Lowe, 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 Ken Fairbrother from Countryside
Christian Church provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scout Eric Warren from Troop 158
led the Council members and audience in the Pledge of Allegiance.
ANNOUNCEMENT
Mayor Clouse 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 towards the
back of the Council Chambers.
RECOGNITION
Mayor Clouse and Council Members
recognized the following volunteer firefighters who have given many hours of
their time in responding to fire/rescue emergencies, firefighter training,
assisting with public fire prevention and safety education programs, serving as
fire department officers, and serving on various types of committees: Gene
Beerbohm – 30 years, Pat Garrelts – 20 years, Ken Tracy – 20 years, Terry
Eirich – 20 years, Terry Seals – 5 years, and Derek Dempcy – 5 years. They
were each presented a plaque.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED
BUSINESS
There was no Unfinished Business.
III. PUBLIC
HEARINGS
BOARD OF EQUALIZATION – PAVING
DISTRICTS 2004-881, 2004-882A, 2004-883; WATER DISTRICTS 2004-530, 2004-531A,
2004-532; SEWER DISTRICTS 2004-472, 2004-473A, 2004-474
Moved by Kearney seconded by Lammers
to remove from the table the hearing Public Hearing 1 pertaining to the Board
of Equalization. Roll call resulted as follows: Aye: Clouse, Lear, Lammers,
Kearney, Buschkoetter. Nay: None. Motion carried.
Mayor Clouse opened the public
hearing for the Council to meet as a Board of Equalization to assess costs for Paving
Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st
Avenue; Paving Improvement District No. 2004-882A for 1st Avenue from 60th
Street to 65th Street; Paving Improvement District No. 2004-883 for 65th Street
from 2nd Avenue east a distance of 525 feet; Water District No. 2004-530 for
60th Street from 2nd Avenue to 1st Avenue, Water District No. 2004-531A for 1st
Avenue from 60th Street to 65th Street; Water District No. 2004-532 for 65th
Street from 2nd Avenue east a distance of 1,058 feet; Sewer District No.
2004-472 for 60th Street from 2nd Avenue to 1st Avenue; Sewer District No.
2004-473A for 1st Avenue from 60th Street to 65th Street; Sewer District No.
2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet and to
consider approval of Resolution No. 2007-88.
These districts were created in
2004. After completion of the construction projects, the City hired a title
company to complete property abstracts so that assessments could be levied.
These districts have been completed and, in order to satisfy state law, when
paving, water and sewer districts are completed, the City Council must act as a
Board of Equalization to levy assessments on properties so benefited. Property
owners will then be required to pay the first installment within 50 days
(August 1) or will be able to pay the entire assessment without any interest
prior to this date.
In accordance with the Amended
and Restated Subdivision Agreement dated January 13, 2004 Corrigan's have
agreed to pay assessments on their property and pay an amount equal to the
assessment on the parcel they do not own. They are not paying the assessment
but an amount equal to the assessment and then be reimbursed later. City staff
has been working with the attorney representing the owners in this area.
With regard to the improvements
to 65th Street, one of the property owners requested and was granted an
agricultural deferment in accordance with Section 19-2427 of the Nebraska
Revised Statutes.
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.
There was no one present in opposition
to this hearing.
Moved by Lammers seconded by Lear
to close the hearing as the Board of Equalization and to assess costs for Paving
Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st
Avenue; Paving Improvement District No. 2004-882A for 1st Avenue from 60th
Street to 65th Street; Paving Improvement District No. 2004-883 for 65th Street
from 2nd Avenue east a distance of 525 feet; Water District No. 2004-530 for
60th Street from 2nd Avenue to 1st Avenue, Water District No. 2004-531A for 1st
Avenue from 60th Street to 65th Street; Water District No. 2004-532 for 65th
Street from 2nd Avenue east a distance of 1,058 feet; Sewer District No.
2004-472 for 60th Street from 2nd Avenue to 1st Avenue; Sewer District No.
2004-473A for 1st Avenue from 60th Street to 65th Street; Sewer District No.
2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet and
approve Resolution No. 2007-88. Roll call resulted as follows: Aye: Clouse, Lammers,
Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
RESOLUTION
NO. 2007-88
BE
IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA:
Section 1. The
President and Council find and determine that the street in Paving Improvement
District Nos. 2004-881, 2004-882A, 2004-883 have been improved by paving,
curbing and guttering and incidental work, that none of the properties listed,
which list is marked Exhibit “A” and made a part hereof by reference, were
damaged thereby and that the amounts shown in the attached schedules do not
exceed the amounts which each of said lots and parcels of ground were specially
benefited by said improvements and the total amount of said special assessments
does not exceed the costs of said improvements exclusive of the cost of the
intersections and areas formed by the crossing of streets, avenues and alleys
as heretofore determined by the Mayor and City Council.
Section 2. That the
water mains heretofore ordered installed in Water District Nos. 2004-530,
2004-531A, 2004-532 have been installed, together with all incidental work
thereto by the City Utilities Department, and that none of the properties
listed, which is marked “Exhibit “A” and made a part hereof by reference, were
damaged thereby and that the amounts shown in the attached schedules do not
exceed the amounts which each of said lots and parcels of ground were specially
benefited by said water mains and the total amount of said special assessments
does not exceed the costs of said improvements as heretofore determined by the Mayor
and City Council.
Section 3. That the
sewer mains heretofore ordered installed in Sewer District Nos. 2004-472,
2004-473A, 2004-474 have been installed, together with all incidental work
thereto by the City Utilities Department, and that none of the properties
listed, which is marked “Exhibit “A” and made a part hereof by reference, were
damaged thereby and that the amounts shown in the attached schedules do not
exceed the amounts which each of said lots and parcels of ground were specially
benefited by said sewer mains and the total amount of said special assessments
does not exceed the costs of said improvements as heretofore determined by the
Mayor and City Council.
Section 4. Notice of
the time and purpose of hearing on special assessments for equalizing said
special assessments has been published as provided by law in the Kearney Hub,
and a copy of said notice mailed by certified mail to each party known to have
a direct legal interest therein.
Section 5. That
there be and there is hereby levied against each lot and parcel of ground set
out in Exhibit “A” the amount set opposite each lot and parcel of ground. Said
assessments for Paving Improvement District Nos. 2004-881, 2004-882A, 2004-883
shall become delinquent as follows:
1/10th fifty days
after date of this Resolution
1/10th one year after
date of this Resolution
1/10th two years
after date of this Resolution
1/10th three years
after date of this Resolution
1/10th four years
after date of this Resolution
1/10th five years
after date of this Resolution
1/10th six years
after date of this Resolution
1/10th seven years
after date of this Resolution
1/10th eight years
after date of this Resolution
1/10th nine years
after date of this Resolution
Each installment, except the
first, shall draw interest at the rate of seven per centum per annum from date
of this Resolution until the same become delinquent and after they become
delinquent at the rate of fourteen per centum per annum until paid.
Section 6. That
there be and there is hereby levied against each lot and parcel of ground set
out in Exhibit “A” the amount set opposite each lot and parcel of ground. Said
assessments for Water District Nos. 2004-530, 2004-531A, 2004-532 shall become
delinquent as follows:
1/5th fifty days
after date of this Resolution
1/5th one year after
date of this Resolution
1/5th two years after
date of this Resolution
1/5th three years
after date of this Resolution
1/5th four years
after date of this Resolution
Each installment, except the
first, shall draw interest at the rate of seven per centum per annum from date
of this Resolution until the same become delinquent and after they become
delinquent at the rate of fourteen per centum per annum until paid.
Section 7. That
there be and there is hereby levied against each lot and parcel of ground set
out in Exhibit “A” the amount set opposite each lot and parcel of ground. Said
assessments for Sewer District Nos. 2004-472, 2004-473A, 2004-474 shall become
delinquent as follows:
1/5th fifty days
after date of this Resolution
1/5th one year after
date of this Resolution
1/5th two years after
date of this Resolution
1/5th three years
after date of this Resolution
1/5th four years
after date of this Resolution
Each installment, except the
first, shall draw interest at the rate of seven per centum per annum from date
of this Resolution until the same become delinquent and after they become
delinquent at the rate of fourteen per centum per annum until paid.
PASSED AND APPROVED
THIS 12TH DAY OF JUNE, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
PANE BELLO LIQUOR LICENSE
Mayor Clouse opened the public
hearing on the application submitted by SPRING CREEK BREAD CO., dba “Pane
Bello” located at 5004 2nd Avenue for a Class I-76747 liquor license, to
consider the application for Corporate Manager for Steven Boyer, and to
consider approval of Resolution No. 2007-98.
Steven Boyer co-owner of Pane
Bello presented this matter to the Council. They take very seriously all the
responsibility that is involved with a liquor license. They have conducted some
training sessions with their staff regarding serving liquor. They intend to
follow through vigilantly with that upon roll out of the serving of alcohol. Although
a Class I license allows them to serve spirits, they intend to serve only
single serving beer and wine at the restaurant during operational hours except
during their breakfast hours. They are open until 10:00 at night.
There was no one present in
opposition to this hearing.
Moved by Lear seconded by Buschkoetter
to close the hearing and approve or recommend approval of the application
submitted by SPRING CREEK BREAD CO., dba “Pane Bello” located at 5004 2nd
Avenue for a Class I-76747 liquor license, the application for Corporate
Manager for Steven Boyer, and approve Resolution No. 2007-98. Roll call
resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay:
None. Motion carried.
RESOLUTION
NO. 2007-98
WHEREAS, SPRING CREEK
BREAD CO., dba “Pane Bello” has filed with the Nebraska Liquor Control
Commission and the City Clerk of the City of Kearney, Nebraska, an application
for a Class I-76747 (Beer, Wine and Distilled Spirits – On Sale Only) Liquor
License to do business at 5004 2nd Avenue, Kearney, Nebraska, and has paid all
fees and done all things required by law as provided in the Nebraska Liquor
Control Act; and
WHEREAS, SPRING CREEK
BREAD CO., dba “Pane Bello” also filed with the Nebraska Liquor Control
Commission and the City Clerk of the City of Kearney, Nebraska, an application
for Corporate Manager of Steven Boyer; and
WHEREAS, a hearing
was held relating to said application on June 12, 2007.
NOW, THEREFORE, BE IT
RESOLVED that the President and City Council of the City of Kearney, Nebraska
approve or recommend approval to the Nebraska Liquor Control Commission of the
issuance of a Class I-76747 (Beer, Wine and Distilled Spirits – On Sale Only)
Liquor License to SPRING CREEK BREAD CO., dba “Pane Bello” located at 5004 2nd
Avenue, Kearney, Nebraska, and to approve the application for Corporate Manager
of Steven Boyer.
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 12TH DAY OF JUNE, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE E. TREMBLY PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
PERMANENT ROADWAY AND SIDEWALK
EASEMENT – 11TH STREET AND 2ND AVENUE
Mayor Clouse opened the public
hearing on the proposed acquisition of a Permanent Roadway and Sidewalk
Easement granted to the City of Kearney for a tract of land being part of Lot
8, Greenview Subdivision, a subdivision to the City of Kearney, Buffalo County,
Nebraska, more particularly described as follows: beginning at the southwest
corner of said Lot 8; thence in a northerly direction and on the west line of
said Lot 8 a distance of 12.5 feet; thence in a southeasterly direction a
distance of 16.47 feet to the south line of said Lot 8, said point being 11.0
feet easterly of the southwest corner; thence in a westerly direction and on
said south line a distance of 11.0 feet to the place of beginning, containing
68.73 square feet, more or less, Buffalo County, Nebraska in connection with
Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th
Avenue and to consider approval of Resolution No. 2007-99.
Director of Public Works Rod
Wiederspan presented this matter to the Council. He stated at the April 12,
2005 Council meeting the Council adopted the ordinance creating a paving
improvement district for 11th Street from 1st Avenue to 7th Avenue. The
improvements on 11th Street were identified as a priority and needed to be
renovated. Attached is the Permanent Roadway and Sidewalk Easement which has
been granted to the City of Kearney by ASH, LLC.
Section 18-1775 of the Nebraska
Revised Statute requires that a City of the first class acquiring an interest
in real property shall do so only after the governing body has authorized the
acquisition by action taken in a public meeting after notice and a public
hearing.
There was no one present in
opposition to this hearing.
Moved by Buschkoetter seconded by
Clouse to close the hearing and approve the proposed acquisition of a Permanent
Roadway and Sidewalk Easement granted to the City of Kearney for a tract of
land being part of Lot 8, Greenview Subdivision, a subdivision to the City of
Kearney, Buffalo County, Nebraska, more particularly described as follows:
beginning at the southwest corner of said Lot 8; thence in a northerly
direction and on the west line of said Lot 8 a distance of 12.5 feet; thence in
a southeasterly direction a distance of 16.47 feet to the south line of said
Lot 8, said point being 11.0 feet easterly of the southwest corner; thence in a
westerly direction and on said south line a distance of 11.0 feet to the place
of beginning, containing 68.73 square feet, more or less, Buffalo County,
Nebraska in connection with Paving Improvement District No. 2005-899 for 11th
Street from 1st Avenue to 7th Avenue and approve Resolution No. 2007-99. Roll
call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney.
Nay: None. Motion carried.
RESOLUTION NO.
2007-99
WHEREAS, Section
18-1755, R.R.S., authorizes a city acquiring an interest in real property by
purchase or eminent domain to do so only after the City Council has authorized
the acquisition by action taken in a public meeting after notice and public
hearing; and
WHEREAS, the City
Council has held a public hearing upon the proposed acquisition for a Permanent
Roadway and Sidewalk Easement in connection with Paving Improvement District
No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue; and
WHEREAS, ASH, LLC, a
Nebraska Limited Liability Company has granted to the City of Kearney, Nebraska
a Permanent Roadway and Sidewalk Easement on the following tract of property: A
tract of land being part of Lot 8, Greenview Subdivision, a subdivision to the
City of Kearney, Buffalo County, Nebraska, more particularly described as
follows: beginning at the southwest corner of said Lot 8; thence in a northerly
direction and on the west line of said Lot 8 a distance of 12.5 feet; thence in
a southeasterly direction a distance of 16.47 feet to the south line of said
Lot 8, said point being 11.0 feet easterly of the southwest corner; thence in a
westerly direction and on said south line a distance of 11.0 feet to the place
of beginning, containing 68.73 square feet, more or less, Buffalo County,
Nebraska.
NOW, THEREFORE, BE IT
RESOLVED by the President and City Council of the City of Kearney, Nebraska,
that the Permanent Roadway and Sidewalk Easement granted by ASH, LLC, a
Nebraska Limited Liability Company, to the City of Kearney be and are hereby
approved and accepted.
PASSED AND APPROVED
THIS 12TH DAY OF JUNE, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY
CLERK AND
EX-OFFICIO MAYOR
IV. CONSENT AGENDA
Mayor Clouse stated he would have
to abstain from Subsection 9 since he is employed at Nebraska Public Power
District.
Moved by Kearney seconded by Lammers
that Subsection 9 of Consent Agenda Item IV be approved. Roll call resulted as
follows: Aye: Lear, Buschkoetter, Lammers, Kearney. Nay: None. Clouse
abstaining. Motion carried.
9. Approve the Agreement
for Construction of Access Roadway between the City of Kearney and Nebraska
Public Power District providing a new access into the Hilltop Substation on
property described as the south 30 feet of the north 37 feet of Lot 1, Baker’s
Subdivision to the City of Kearney, Buffalo County, Nebraska and approve Resolution
No. 2007-104.
RESOLUTION NO.
2007-104
BE IT RESOLVED by the
President and Council of the City of Kearney, Nebraska, that the City Manager
be and is hereby authorized and directed to execute the Agreement for
Construction of Access Roadway on behalf of the City of Kearney. The said
Agreement, marked as Exhibit “A” is attached hereto and made a part hereof by reference.
PASSED AND APPROVED
THIS 12TH DAY OF JUNE, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
Moved by Clouse seconded by Lammers
that Subsections 1 through 8 and 10 through 14 of Consent Agenda Item IV be
approved. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney,
Buschkoetter, Lear. Nay: None. Motion carried.
1. Approve Minutes of
Regular Meeting held May 22, 2007.
2. Approve the following Claims:
7 Eleven $25.51 Smcs; AM Player $1,574.68 Smcs; Ace Hardware $303.13 Smcs;
Adamson,B $270.06 Smcs; Advanced Auto Parts $34.15 Smcs; Adventureglass
$7,374.00 Co; AFLAC $2,738.34 Ps; Agent Fee $40.00 Smcs; Agri Coop $22,365.64
Smcs; Alamar Uniforms $282.49 Smcs; Alltel $2,300.85 Smcs; Amazon $44.54 Smcs;
Ambient Systems $1,327.58 Smcs; Amer Assn Airport $475.00 Smcs; Amer Electric
$407.34 Smcs; APWA $150.00 Smcs; Amer Red Cross $40.00 Smcs; Amoco Oil $93.34
Smcs; Anderson Brothers $394.70 Smcs; Anderson,S $189.80 Smcs; APA Memberships
$465.00 Smcs; Appliance Service Center $499.00 Smcs; Arneson,A $6.23 Smcs;
Arrow Seed Co $264.50 Smcs; Ask Supply $1,752.07 Smcs; Auto Glass Center
$585.88 Smcs; B4 Inc $3,665.00 Co; Baird Holm $2,590.00 Smcs; Baker &
Taylor Books $3,727.81 Smcs; Bamford $60.00 Smcs; Batterydepotcom $42.74 Smcs;
Baye,S $45.98 Smcs; Baymont Inn & Suites $145.50 Smcs; Best Lock $647.44
Smcs; Bestseller Audio $140.00 Smcs; Big O Tires $196.60 Smcs; Bill's Trailer
Sales $125.00 Smcs; Blessing $163,689.45 Co; Blevins,D $70.00 Co; Bluecross
Blueshield $36,720.49 Smcs; Bobs Super Store $3.65 Smcs; Bookmark $193.30 Smcs;
Bosselman $44,441.87 Smcs; Bowman,R $75.00 Smcs; Broadfoot's Sand $245.00 Smcs;
Brown,A $145.99 Smcs; Bryan Rock Products $1,678.76 Smcs; Bryan,C $25.00 Smcs;
Buckle $198.00 Smcs; Buffalo Co Court $163.32 Ps; Buffalo Co Reg Deeds $84.50
Smcs; Buffalo Co Treasurer $19,022.50 smcs,co; Builders Warehouse $1,160.62
smcs,co; Calhoun Communications $2,010.85 Co; Cappers $18.95 Smcs; Cardinal
Health $47.08 Smcs; Cart Parts $392.29 Smcs; Caseys General Store $28.49 Co;
CED Enterprise Electric $164.06 Smcs; Centaur Enterprises $11.55 Smcs; Central
Contracting $46,051.20 Co; Central Hydraulic System $1,377.44 Smcs; Central NE
Bobcat $780.00 Smcs; Central States Industrial $740.83 Smcs; CHAD $10.00 Ps;
Charlesworth & Associates $806.25 Smcs; Charter $54.99 Smcs; City of Ky
$191,276.28 smcs,ps; Clark,S $25.00 Smcs; Click-N-Ship $4.05 Smcs; Cold Spring
Granite $164.70 Smcs; College Savings Plan of NE $150.00 Ps; CO Fire Mechanic
$700.00 Smcs; Conseco Life Ins $24.00 Ps; Construction Rental $393.52 Smcs;
Cook,J $401.20 Smcs; Cooperative Producers $234.00 Smcs; Copycat Printing
$42.10 Smcs; Corey's Complete Detailing $60.00 Smcs; Corner Store $48.00 Smcs;
Cornhusker Cleaning $32.13 Smcs; Country Estate $9.22 Smcs; Cracker Barrel
$47.75 Co; Crocker & Co $58.50 Smcs; Crossroads Ford $263.84 Smcs; Culligan
$444.10 Smcs; Cummins Central Power $1,454.67 Smcs; CVI $77.50 Smcs; D&D
Industries $232.75 Smcs; D&S lighting $107.37 Smcs; DANKO Emergency $98.00
Smcs; Dawson Co PPD $101,249.30 Co; Day,D $1,623.00 Smcs; Decatur Electronics
$8,170.00 Co; Deitloff,D $30.76 Smcs; Dell $13,824.88 smcs,co; Dept of Treasury
$49.01 Ps; Depository Trust Co $1,174,633.75 Ds; Diamond Vogel $31.28 Smcs; Docks
Unlimited $7,908.00 Co; Dollar General $36.00 smcs,co; DPC Industries $4,446.95
Smcs; Dutton-Lainson $268.57 smcs,co; Eagle Dental $31.00 Smcs; Eakes $7,339.28
smcs,co; EDM Equipment $727.19 Smcs; Eileens Cookies $10.75 Co; Einsphar,K
$476.00 Smcs; Eirich,T $50.00 Smcs; Electric Pump $3,385.83 smcs,co;
Electrotechnics $1,556.05 Smcs; Elger,S $10.03 Smcs; Ellenwood,C $40.00 Smcs;
Elliott Equipment $72,682.86 smcs,co; Endpoint Graphics $503.00 Smcs; Evers,J
$14.52 Smcs; Expedia $20.00 Smcs; Eynetich,P $3.00 Smcs; Fairbanks $3,629.45
Smcs; Farmers Union Coop $41.52 Smcs; Fast Mart $274.06 smcs,co; Fastenal
$246.20 Smcs; Fedex $127.13 Smcs; Fiddelke Heating $877.83 Smcs; Fireguard
$7,967.86 smcs,co; Flags Over America $60.00 Smcs; Frontier $9,235.43 Smcs; Frontierair
$420.81 Smcs; Galls $781.26 Smcs; Gangwish Turf $102.33 Smcs; Garrett Tires
$5,182.80 Smcs; Gatewayexpress $19.36 Smcs; Gealys Greenhouse $2,777.33
smcs,co; Gempler $91.80 Smcs; Genealogicalcom $112.90 Smcs; General Traffic
Controls $211.70 Smcs; Giffin,A $55.00 Smcs; Golfsmith Int'l $99.23 Smcs; Gooch
Brake $807.89 Smcs; Gordons Small Engine $250.32 Smcs; Graham,A $95.00 Smcs;
Grainger $1,364.59 Smcs; Grand Central IGA $71.02 Smcs; Granite City $36.30
Smcs; Great Amer Outdoor $116.53 Smcs; Great Lakes Golf Course $1,520.50 Co;
Great Plains Safety $355.00 Smcs; Guideposts $16.94 Smcs; H&H Distributing
$1,386.00 Smcs; Hach $437.30 Smcs; Harbor Freight $108.93 Smcs; Hatten
Electric $170.00 Smcs; Hauppauge Computer $58.49 Smcs; Hayden,S $50.00 Smcs;
Hays,J $250.00 Co; HD Supply $1,408.54 Smcs; Heart Rate $39.90 Ps; Hickory Park
Restaurant $35.22 Smcs; Hilton Hotels $1,144.25 Smcs; Hobby-Lobby $25.57 Smcs;
Hoehner Turf $506.75 Smcs; Hoffman,B $4.14 Smcs; Holguin,N $25.00 Smcs; Holmes
Plumbing $1,142.99 Smcs; Hometown Leasing $552.54 Smcs; Hotsy Equipment $102.18
Smcs; HTE User's Group $1,975.00 Smcs; Hydrologic $821.94 smcs,co; ICMA RC
$5,621.79 Ps; Infinisource $149.00 Smcs; IRS $197,514.36 Ps; Intoximeters
$173.50 Smcs; Jack Lederman $119.17 Smcs; James,D $1,067.22 Smcs; Johnson,J
$100.00 Smcs; Johnson,S $50.00 Smcs; Jump Stop $54.50 Smcs; Jump-A-Roo $200.00
Smcs; K&K Parts $579.97 Smcs; Ky Centre Vac $20.00 Smcs; Ky Crete &
Block $998.75 smcs,co; Ky Glass $185.00 Smcs; Ky Hub $1,957.07 smcs,co; Ky
Implement $444.64 Smcs; Ky Orthopedic $230.00 Smcs; Ky United Way $558.00 Ps;
Ky Visitors Bureau $24,308.96 Smcs; Ky Warehouse $79.40 Smcs; Ky Winlectric
$621.50 Smcs; Ky Winnelson $155.16 Smcs; Ky Yamaha $640.29 Smcs; Kelley Tree
Service $6,753.00 Smcs; Kelly Electric $2,150.00 Smcs; Kelly Supply $49.09
Smcs; Keough,J $401.20 Smcs; KGFW-AM $25.00 Smcs; Kluthe,T $25.00 Smcs; Kmart
$39.99 Smcs; Koerner,J $24.00 Smcs; Konica Minolta $83.09 Smcs; Kooyman,R
$200.00 Ps; Kowalek,G $592.87 Smcs; Kowaleski,E $1,450.00 Co; Kum & Go
$55.02 Smcs; Laughlin,K $360.00 Ps; League of NE Municipalities $541.00 Smcs;
Linweld $146.49 Smcs; Lister,M $9.78 Smcs; Lock and Safe $100.00 Smcs;
Lockmobile $217.41 smcs,co; Longfellow,J $30.00 Smcs; LPRB $2,910.00 Co; Magic
Cleaning $250.00 Smcs; Marlatt Machine Shop $5,687.06 Smcs; Maryland Brand Mgmt
$642.45 Smcs; McLaughlin,P $217.50 Smcs; Menards $2,063.62 Smcs; Metlife
$5,471.65 Ps; Micro Marketing $244.47 Smcs; Mid Amer Specialties $301.47 Smcs;
Mid-America Pump $7,205.28 Smcs; Midwest Laboratories $1,595.00 Smcs; Midwest
Service $1,604.00 Smcs; Miller & Associates $11,500.00 smcs,co; Miller
Signs $572.50 Smcs; Mintling,R $1,400.00 Co; Miracle Recreation $653.49 Co;
Misko Sports $66.00 Smcs; Morgan,M $383.80 Smcs; Mosbarger,B $200.00 Ps; Mr
Automotive $2,976.36 Smcs; MSC Ky $17.99 Smcs; Municipal Emergency $417.16
Smcs; Musil,J $401.20 Smcs; Napa $1,290.45 Smcs; Nathan's Curb Grinding $495.00
Co; NCS Equipment $14.80 Smcs; NE Child Support $4,531.00 Ps; NE Dept of
Revenue $57,873.10 smcs,ps; NE DMV $6.50 Co; NE Law Enforcement $120.00 Smcs;
NE Machinery $243.31 Smcs; NE Truck Center $154.84 Smcs; NEland Distributors
$1,332.00 Smcs; Neweggcom $317.81 Smcs; Newman Signs $237.13 Smcs; Northgate
Vet $88.00 Smcs; Northwest Electric $789.50 Smcs; Northwestern Energy $2,090.30
Smcs; NOVA Fitness $204.00 Smcs; Novus $106.50 Smcs; Oceans Systems $995.00
Smcs; Office Depot $153.80 Smcs; Office Max $569.27 smcs,co; Officenet
$1,404.81 smcs,co; Ohri,R $58.50 Smcs; OMB Express Police $46.98 Smcs; Orb $347.16
Smcs; O'Reilly Auto $685.23 Smcs; Orscheln $1,603.68 smcs,co; Otto
Environmental $20,848.80 Smcs; Overhead Door $30.96 Smcs; Palace Station $59.95
Smcs; Paramount Linen $230.18 Smcs; Patterson,B $401.20 Smcs; Paulsen
$225,057.06 Co; Payflex Systems $463.25 Ps; Peterson,B $30.00 Smcs; Petro of
York $41.50 Smcs; Platte Valley Comm $1,883.21 smcs,co; Polk Directories
$330.10 Smcs; Presto-X $78.00 Smcs; QPR $1,295.84 Smcs; QT 566 $34.06 Smcs;
Quill $249.42 Smcs; Quinn,J $150.00 Smcs; Raasch Ins $61.02 Smcs; Radio Shack
$42.69 Smcs; Rainbow Group $2,906.00 Smcs; Random House $103.20 Smcs; Ready
Mixed Concrete $972.00 Co; Reams Sprinkler $326.37 Smcs; Recorded Books $690.38
Smcs; Recreonics $368.87 Smcs; Red Willow $2,030.00 Smcs; Redman's Shoes $20.00
Smcs; Riddle,J $30.00 Smcs; Roper's Radiator $35.00 Smcs; Russells Appliance
$188.95 Smcs; Sahling Kenworth $85.13 Smcs; Salter,J $58.50 Smcs; Sargent
Drilling $104,473.14 Co; Schnitzer,S $250.00 Smcs; Schroer,H $7.02 Smcs; See
Clear Cleaning $1,400.00 Smcs; Seminole Construction $19.18 Smcs; Sesna,D
$247.50 Smcs; Setcom Corp $4,352.00 Smcs; Sherwin Williams $134.48 Smcs; Sid
Dillion Wahoo $16,997.77 Co; Sign Center $120.00 Smcs; Sirchie $160.12 Smcs;
Softchoice $7,573.06 smcs,co; Solid Rock $305.71 Smcs; Solid Waste Agency
$59,304.83 Smcs; Sorkness,C $350.00 Smcs; Spaghetti Shop $300.00 Smcs; Sports
Turf Managers $110.00 Smcs; Sprinklers Warehouse $913.00 Co; SSG*BSN $65.14
Smcs; Stagecoach $35.31 Smcs; St Fire Marshal Training $100.00 Smcs; St of
NE/DAS Comm $19.25 Smcs; St of NE/HHS Lab $668.00 Smcs; Steinbrinks Landscaping
$1,113.00 Smcs; Sterling West $519.00 Smcs; Sun Life Financial $22,105.17 Smcs;
Sunmart $10.90 Smcs; Sutphen Corp $476.00 Smcs; Sydow,J $115.00 Smcs;
Tacnologies $4,769.00 Smcs; Target $223.80 smcs,co; Theis,J $102.19 Smcs;
Thome,B $367.92 Smcs; Thompson,L $120.00 Smcs; Thomson Gale $43.43 Smcs;
Tigerdirect $117.72 Smcs; Tractor-Supply $865.02 Smcs; Trembly,M $65.37 Smcs;
Tri City Outdoor $1,142.72 smcs,co; Tye & Rademacher $10,190.37 Smcs; UAP
$424.20 Smcs; Ultra-Chem $410.51 Smcs; Underhill Int'l $270.20 Smcs; Unique
Management $2,267.12 Smcs; United Air $1,222.20 Smcs; UPS $16.68 Smcs; USA Blue
Book $545.81 Smcs; USPS $113.70 Smcs; Van Diest Supply $1,943.82 Smcs; Vericom
Computers $2,246.00 Co; Vessco $1,361.60 Smcs; Village Uniform $306.53 Smcs;
Wahoo 1 Stop $44.59 Smcs; Wal-mart $591.07 smcs,co; Warren-T Cleaners $178.50
Smcs; Warrington,D $58.50 Smcs; Webce $59.20 Smcs; Wellness Works $250.00 Ps;
West Payment Center $1,104.81 Smcs; Whalen,J $75.00 Smcs; Wicks Sterling Truck
$32.77 Smcs; Wilke Donovans $1,096.13 Smcs; Wilkins Hinrichs Stober $18,185.41
Co; Williams,M $151.32 Smcs; Wilson,K $9.65 Smcs; Woodside,M $401.20 Smcs;
World of Windows $48.32 Smcs; Yandas Music $19.25 Smcs; Zimmerman Printers
$1,012.00 Smcs; Payroll Ending 5-26-2007 -- $305,006.89. The foregoing
schedule of claims is published in accordance with Section 19-1102 of the
Revised Statutes of Nebraska, and is published at an expense of $_________ to
the City of Kearney.
3. Approve the
application for a Special Designated License submitted by the Kearney Event
Center in connection with their Class CK-66275 catering liquor license to
dispense beer, wine and distilled spirits in an enclosed fenced area in front
of the arena in the parking lot of the Kearney Event Center, 609 Platte Road,
for a temporary beer garden on July 3, 2007 (alternate date is July 4, 2007)
from 5:00 p.m. until 1:00 a.m. for the July 4th Celebration.
4. Approve the
application for a Special Designated License submitted by JOHN P. RICHARDS, dba
“Play Pen Lounge” in connection with their Class C-22144 liquor license to
dispense beer, wine and distilled spirits at the Great Platte River Road
Archway located at 3060 East 1st Street on August 4, 2007 from 4:00 p.m. until
1:00 a.m. for a wedding reception.
5. Approve Resolution No.
2007-100 appointing Reverend Doug Shada to fulfill the term of C.J. Willis on
the Kearney Housing Agency.
RESOLUTION NO.
2007-100
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, a vacancy
currently exists on the Kearney Housing Agency that needs to be filled
immediately.
NOW, THEREFORE, BE IT
RESOLVED by the 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:
KEARNEY HOUSING
AGENCY
Doug Shada appointed
to fulfill the term of C.J. Willis to July 31, 2011
BE IT FURTHER
RESOLVED that this resolution shall be in full force and effect from and after
its adoption.
PASSED AND APPROVED
THIS 12TH DAY OF JUNE, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
6. Accept the Warranty
Deed granted to the City of Kearney by HMC Investments in connection with the
2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road
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. 2007-101.
RESOLUTION NO.
2007-101
WHEREAS, City Council
authorized the City Manager and City Attorney to acquire a tract of property
described as follows: a tract of land being part of the east 106.5 feet of Lot
2, “Northridge Addition”, an addition to the City of Kearney, Buffalo County,
Nebraska and more particularly described as follows: beginning at the northeast
corner of Lot 2, said point being on the south line of 39th Street, a street in
the City of Kearney; thence westerly on the south line of said 39th Street a
distance of 106.5 feet; thence southerly parallel with the east line of said
Lot 2 a distance of 12.0 feet; thence easterly and parallel with the south line
of said 39th Street a distance of 106.5 feet; thence deflecting right 06°51’ a
distance of 5.3 feet to a point on the west line of “A” Avenue, an avenue in
the City of Kearney; thence northerly on said west line of “A” Avenue a
distance of 13.62 feet to the point of beginning, containing 1,282 Sq. Ft.
(0.029 Acres) more or less, all located in Buffalo County, Nebraska.
WHEREAS, HMC
Investments has granted to the City of Kearney a Warranty Deed for a tract of
land being part of the east 106.5 feet of Lot 2, Northridge Addition, an
addition to the City of Kearney, Buffalo County, Nebraska and more particularly
described as follows: beginning at the northeast corner of Lot 2, said point
being on the south line of 39th Street, a street in the City of Kearney; thence
westerly on the south line of said 39th Street a distance of 106.5 feet; thence
southerly parallel with the east line of said Lot 2 a distance of 12.0 feet;
thence easterly and parallel with the south line of said 39th Street a distance
of 106.5 feet; thence deflecting right 06°51’ a distance of 5.3 feet to a point
on the west line of “A” Avenue, an avenue in the City of Kearney; thence
northerly on said west line of “A” Avenue a distance of 13.62 feet to the point
of beginning, containing 1,282 Sq. Ft. (0.029 Acres) more or less, all located
in Buffalo County, Nebraska.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, that
the Warranty Deed be and is hereby accepted.
PASSED AND APPROVED
THIS 12TH DAY OF JUNE, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
7. Accept the Warranty
Deed granted to the City of Kearney by Michael and Jody Heeney in connection
with the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony
Express Road 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. 2007-102.
RESOLUTION NO.
2007-102
WHEREAS, City Council
authorized the City Manager and City Attorney to acquire a tract of property
described as follows: a tract of land being that part of Lot 2, Northridge
Addition, an addition to the City of Kearney, Buffalo County, Nebraska lying
west of the east 106.5 feet of said Lot 2 and more particularly described as
follows: beginning at the northwest corner of Lot 2, said point being on the
south line of 39th Street, a street in the City of Kearney; thence easterly on
the south line of said 39th Street a distance of 99.5 feet to a point 106.5
feet west of the northeast corner of Lot 2; thence southerly parallel with and
106.5 feet westerly of the east line of said Lot 2 a distance of 12.0 feet;
thence westerly parallel with and 12.0 feet southerly on the south line of said
39th Street a distance of 12.0 feet; thence deflecting right 06°15” a distance
of 88.11 feet to a point on the west line of said Lot 2, said point being 1.48
feet southerly of the northwest corner of said Lot 2 a distance of 1.48 feet to
the point of beginning, containing 733 Sq. Ft. (0.017 Acres) more or less, all
located in Buffalo County, Nebraska.
WHEREAS, Michael J.
Heeney and Jody L. Heeney, husband and wife, have granted to the City of
Kearney a Warranty Deed for a tract of land being that part of Lot 2,
Northridge Addition, an addition to the City of Kearney, Buffalo County,
Nebraska lying west of the east 106.5 feet of said Lot 2 and more particularly
described as follows: beginning at the northwest corner of Lot 2, said point
being on the south line of 39th Street, a street in the City of Kearney; thence
easterly on the south line of said 39th Street a distance of 99.5 feet to a
point 106.5 feet west of the northeast corner of Lot 2; thence southerly
parallel with and 106.5 feet westerly of the east line of said Lot 2 a distance
of 12.0 feet; thence westerly parallel with and 12.0 feet southerly on the
south line of said 39th Street a distance of 12.0 feet; thence deflecting right
06°15” a distance of 88.11 feet to a point on the west line of said Lot 2, said
point being 1.48 feet southerly of the northwest corner of said Lot 2 a
distance of 1.48 feet to the point of beginning, containing 733 Sq. Ft. (0.017
Acres) more or less, all located in Buffalo County, Nebraska.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, that the
Warranty Deed be and is hereby accepted.
PASSED AND APPROVED
THIS 12TH DAY OF JUNE, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
8. Accept the Warranty
Deed granted to the City of Kearney by D-R-G-T Limited Partnership in
connection with the 2007 Part II Improvements – 39th Street from 2nd Avenue to
Pony Express Road 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. 2007-103.
RESOLUTION NO.
2007-103
WHEREAS, City Council
authorized the City Manager and City Attorney to acquire a tract of property
described as follows: a tract of land being the north 7.0 feet of Lot 1,
Baker’s Subdivision, a subdivision to the City of Kearney, Buffalo County,
Nebraska and more particularly described as follows: beginning at the northeast
corner of Lot 1, said point being on the south line of 39th Street, a street in
the City of Kearney; thence westerly on the south line of said 39th Street a
distance of 124.0 feet; thence southerly on the west line of said Lot 1 a
distance of 7.0 feet; thence easterly and parallel with the south line of said
39th Street a distance of 124.0 feet to a point on the west line of Central
Avenue, an avenue in the City of Kearney; thence northerly on the west line of
said Central Avenue a distance of 7.0 feet to the point of beginning,
containing 868 Sq. Ft. (0.02 Acres), more or less, all located in Buffalo
County, Nebraska.
WHEREAS, D-R-G-T
Limited Partnership, a Nebraska Limited Partnership, has granted to the City of
Kearney a Warranty Deed for a tract of land being the north 7.0 feet of Lot 1,
Baker’s Subdivision, a subdivision to the City of Kearney, Buffalo County,
Nebraska and more particularly described as follows: beginning at the northeast
corner of Lot 1, said point being on the south line of 39th Street, a street in
the City of Kearney; thence westerly on the south line of said 39th Street a
distance of 124.0 feet; thence southerly on the west line of said Lot 1 a
distance of 7.0 feet; thence easterly and parallel with the south line of said
39th Street a distance of 124.0 feet to a point on the west line of Central
Avenue, an avenue in the City of Kearney; thence northerly on the west line of
said Central Avenue a distance of 7.0 feet to the point of beginning,
containing 868 Sq. Ft. (0.02 Acres), more or less, all located in Buffalo
County, Nebraska.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, that
the Warranty Deed be and is hereby accepted.
PASSED AND APPROVED
THIS 12TH DAY OF JUNE, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
10. Approve
the request from the Police Department to the temporarily close Avenue B from
Railroad Street to a half block north on July 7, 2007 from 8:00 a.m. until 5:00
p.m. for the annual auction.
11. Approve
the recommendation from the Building Official on the annual renewal of the
following manufactured home court licenses until May 31, 2008: Schnase Trailer
Court, 1284 62nd Avenue; and Westside Trailer Court, 1282 62nd Avenue.
12. Approve
the Developer Constructed Infrastructure Agreement between the City of Kearney
and DT Development, Inc. for the installation of paving, water and sewer
improvements for Spruce Hollow Estates Addition and Spruce Hollow Estates
Second Addition and approve Resolution No. 2007-105.
RESOLUTION NO.
2007-105
BE IT RESOLVED BY THE
PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA that the agreement
entitled “Developer Constructed Infrastructure Agreement” between the City of
Kearney and DT Development, Inc., a Nebraska Corporation, for the construction
of paving, water, sanitary sewer, and storm sewer improvements for Spruce
Hollow Estates Addition and Spruce Hollow Estates Second 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 Jeffrey
Orr, authorized attorney for DT Development, Inc., to construct paving, water,
sanitary sewer, and storm sewer improvements as stated above.
BE IT FURTHER
RESOLVED that the President of the Council be and is hereby authorized and
directed to execute the same agreement on behalf of the City of Kearney.
PASSED AND APPROVED
THIS 12TH DAY OF JUNE, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE E. TREMBLY PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
13. Approve
the Real Estate Conveyance Agreement between the City of Kearney and Central
Platte Natural Resources District for a tract of land being part of the
Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska for utilization as a retention cell for water
runoff and approve Resolution No. 2007-106.
RESOLUTION NO.
2007-106
WHEREAS, during the
course of constructing the Kearney Northeast Flood Control Project, the Central
Platte Natural Resources District acquired certain real estate in fee title for
utilization as a retention cell for water runoff; and
WHEREAS, the City of
Kearney has requested that title to such real estate being utilized for runoff
retention purposes be conveyed to the City by Central Platte Natural Resources
District; and
WHEREAS, acquiring
said real estates will allow the City to use it for any purpose that does not
interfere with the floodway; and
WHEREAS, Central
Platte Natural Resources District is willing to convey said property to the
City subject to restrictions set forth in the Real Estate Conveyance Agreement,
marked as Exhibit “A”, is attached hereto and made a part hereof by reference.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, that
the Mayor be and is hereby authorized and directed to executed the said Real
Estate Conveyance Agreement on behalf of the City of Kearney.
PASSED AND APPROVED
THIS 12TH DAY OF JUNE, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
14. Approve
the amended Agreement for Services between the City of Kearney, Nebraska,
County of Buffalo, Nebraska, and the Buffalo County Economic Development
Corporation and approve Resolution No. 2007-107.
RESOLUTION NO.
2007-107
WHEREAS, the City of
Kearney, Nebraska, the County of Buffalo, Nebraska, and the Buffalo County
Economic Development Corporation desire to enter into an agreement for the
purpose of promoting economic development in the City of Kearney, Nebraska and
its immediate business, industrial and manufacturing environments; and
WHEREAS, the City
Council passed and approved Resolution No. 2007-41 approving said “Agreement
for Services”; and
WHEREAS, in reviewing
the Agreement for Services, the Buffalo County Attorney wanted to amend the
agreement.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, that
the President be and is hereby authorized and directed to execute the Agreement
for Services on behalf of the City of Kearney. A copy of said Agreement is
attached hereto and made a part hereof by reference.
BE IT FURTHER
RESOLVED that Resolution No. 2007-41 be and is hereby repealed in its entirety.
PASSED AND APPROVED
THIS 12TH DAY OF JUNE, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
V. CONSENT AGENDA
ORDINANCES
ORDINANCE NO. 7357 – PAVING
DISTRICT NO. 2007-918
Central Avenue from Railroad
Street to 18th Street has been identified as a project that needs to be
addressed. The business owners along this 2-block area have expressed concerns
about the high curbs, condition of the sidewalks and the streets in need of
repair. 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.
According to the City’s paving
assessment policy, Central Avenue is considered a “collector” street and the
property owners would have to pay fifty percent of the cost of the
improvements. It should be noted that funds from the CRA will be applied to
the total cost of the project. The project listed above has been included in
the 2007-2008 Capital Improvement Projects for the 2007 construction season but
may not be completed until 2008.
Council Member Lammers introduced
Ordinance No. 7357, being Subsection 1 of Agenda Item V to create Paving
Improvement District No. 2007-918 for Central Avenue from Railroad Street to 18th
Street, and moved that the statutory rules requiring ordinances to be read by
title on three different days be suspended and said ordinances be considered
for passage on the same day upon reading by number only, and then placed on
final passage and that the City Clerk be permitted to call out the number of
the ordinance on its first reading and then upon its final passage. Council
Member Lear 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: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion to suspend
the rules having been concurred in by three-fourths of the City Council, said
motion was declared passed and adopted. City Clerk read Ordinance No. 7357 by
number. Roll call of those in favor of the passage of said ordinance on the
first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers.
Nay: None. Motion carried. Ordinance was read by number.
Moved by Lear seconded by Buschkoetter
that Ordinance No. 7357 be passed, approved and published as required by law. Roll
call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney.
Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7357 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
ORDINANCE NO. 7358 – AMEND CITY
CODE TO ADOPT COMPREHENSIVE FEE SCHEDULE
Regular Agenda Items 1 and 2 were
discussed together but voted on separately.
Director of Finance and
Administration Wendell Wessels stated that in prior years, and at different
times throughout the year, Administration has asked the City Council to approve
various fees for services provided by all Departments of the City. In order to
streamline this process, and make it a part of the normal budget calendar,
Administration would like to present a Comprehensive Fee Schedule to the City
Council for approval once each year and prior to the completion and
presentation of the proposed budget to the City Council. The Comprehensive Fee
Schedule includes the fee type by Department, the related resolution or code
section that previously approved the fee, the previous effective date of the
fee, the current fee, and the proposed fee.
All City Departments have
reviewed and made recommendations to the fees for their respective Department.
The proposed fee changes will become effective on October 1, 2007. Some fees
will be reduced or eliminated, and some fees will increase if the schedule is
approved by the City Council. The proposed changes to the various fees charged
by the City of Kearney will be included in the 2007-2008 budget document.
Council member Lear stated he
thought they had agreed last year that golf green fees would be considered at
the end of each year prior to selling annual passes for the upcoming season. Director
of Finance stated that did make sense and noted there are no changes proposed
as of October 1, 2007 for the fees at the golf course.
Mayor Clouse asked if a
comparability study on these fees was conducted to determine if Kearney is in
line with other communities of our size and in the middle of the range. City
Manager stated on the major fees, we are considerably lower than some cities
and a hair above others, such as on building permit fees. There were other
fees that had not been changed for several years that it was clear they needed
to be changed. The reason they are bringing it to the Council at this time, is
to give 90 days minimum notice so that citizens can adapt. There will be an
implementation plan where they will sit down as a staff and look at ways to
communicate these fees to all the affected parties. They simplified many of
the fees. Some of the licenses are going from one year renewals to two years,
which will create less administrative work which is something the contractors
were hoping to see.
City Manager further stated that
before he arrived there was a very controversial fee dealing with recreational
fee of $1.00 for each person on a team league. They have eliminated that fee
since it cost more to manage than it brought in. Some fees that were used once
or twice a year were eliminated. The storage fees for vehicles at the impound
lot were significantly lower than any private contractor would charge.
Frankly, we want people to come and get their vehicle so the fees are kept low
so people will come and get them. So fees are interesting because sometimes
they have unintentional consequences. This will avoid doing a large increase
at one time in the future and is a much better approach.
Council member Lammers asked
about the electrical fee for contractors which add to the cost of a
construction. City Manager stated there is flat rate based on value and it is
a standard assumption. They did not make any major changes in that except
increase them incrementally. Some communities do not charge separate
electrical fees, some put them in the building permit so you have to look at
their total building permit fees. It was discussed about doing that, but it
was decided to wait another year before considering it. With the incremental
cost, you start to see some major changes when you get to a certain point. They
wanted to make sure to avoid a situation where a contractor is bidding a job
and this change comes up without warning, and they get stuck. That is the
reason for the 90-day notice.
Council Member Buschkoetter
introduced Ordinance No. 7358, being Subsection 1 of Agenda Item VI to amend the
following sections of the Kearney City Code to delete the fees from the Code
and to establish a City of Kearney Comprehensive Fee Schedule: Sections 3-401,
3-506, 3-1101, 3-1102, 3-1103, 3-1206, 3-1405, 3-1816, 3-1817, 3-1818, 3-1819,
3-1820, 3-1821, 3-1822, 3-1823, 3-1824, 3-1825, 3-1826, 3-1827, 3-1828, 3-1830,
3-2001, 3-2101, 3-2304, 3-2502, 3-2503, 3-2603, 3-2867, 3-2907, 4-603, 4-605,
5-213, 5-224, 5-228, 5-604, 5-607, 7-301, 7-512, 7-515, 8-503, 8-927, 8-943,
8-1111, 9-301, 9-501, 9-719, 9-732, 9-916, 9-1035, 9-1043, 9-1044, 9-1049,
9-1210, 10-205, 10-208, 10-316, 10-318, 38-105, 38-107, 53-102, 53-103, 53-104,
59-103, 59-104, 59-108, and moved that the statutory rules requiring ordinances
to be read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the
number of the ordinance on its first reading and then upon its final passage.
Council Member Clouse seconded the motion to suspend the rules. President of
the Council asked for discussion or if anyone in the audience was interested in
the ordinance. No one responded. Clerk called the roll which resulted as
follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion
to suspend the rules having been concurred in by three-fourths of the City
Council, said motion was declared passed and adopted. City Clerk read Ordinance
No. 7358 by number. Roll call of those in favor of the passage of said
ordinance on the first reading resulted as follows: Aye: Clouse, Lear, Lammers,
Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.
Moved by Clouse seconded by Lear
that Ordinance No. 7358 be passed, approved and published as required by law.
Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter,
Lear. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7358 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.
ADOPT 2007-2008 COMPREHENSIVE FEE
SCHEDULE
Mayor Clouse opened for
discussion the adoption of the 2007-2008 Comprehensive Fee Schedule setting
forth the fees for items and services to be provided by the City during the
2007-2008 year and to consider approval of Resolution No. 2007-108.
Moved by Kearney seconded by Lammers
to the adopt the 2007-2008 Comprehensive Fee Schedule setting forth the fees
for items and services to be provided by the City during the 2007-2008 year and
approve Resolution No. 2007-108. Roll call resulted as follows: Aye: Clouse,
Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.
RESOLUTION NO.
2007-108
WHEREAS, the Mayor
and City Council of the City of Kearney have established
fees for items and services provided to its citizens; and
WHEREAS, said fees
have been approved throughout the Kearney City Code and with the adoption of
Resolution Nos. 99-152, 2002-100, 2002-101, 2002-250, 2003-48, 2004-19,
2006-24, and 2006-156; and
WHEREAS, the
Comprehensive Fee
Schedule
attached hereto as Exhibit "A" sets out the proposed fees for such
items and services to be provided during the 2007-2008 fiscal year; and
WHEREAS, it is
recommended that such Comprehensive Fee Schedule be adopted.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, that
the Comprehensive Fee
Schedule
attached hereto as Exhibit "A" is hereby approved and adopted with an
effective date of October 1, 2007.
BE IT FURTHER
RESOLVED that Resolution Nos. 99-152, 2002-100, 2002-101, 2002-250, 2003-48,
2004-19, 2006-24, and 2006-156 be and are hereby repealed in their entirety.
PASSED AND APPROVED
THIS 12TH DAY OF JUNE, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
TEMPORARY LICENSE – COUNTRYSIDE
MOBILE PARK AND WOODRIVER VALLEY MOBILE HOME PARK
Mayor Clouse opened for
discussion the issuance of a temporary 30-day (until July 1, 2007) Manufactured
Home Court License to Countryside Mobile Park, Inc., 1920 15th Avenue and to
Woodriver Valley Mobile Home Park, 865 West 78th Street due to non-compliance.
Each year all manufactured home
courts are to be inspected to make certain they are in compliance with
applicable rules and regulations of the City. Manufactured home courts are
required to apply to renew the court’s license by the first day of March each
year with the license expiring on the first day of June. The courts are
inspected continuously for compliance during this time. Dave Albright, the
Building Official, has worked directly with all manufactured home court owners
to insure the requirements are met.
At the last Council meeting, the
majority of the manufactured home courts were approved and two others, Schnase
Trailer Court, 1284 62nd Avenue and Westside Trailer Court, 1282 62nd Avenue
were approved tonight. However, Countryside Mobile Park, 1920 15th Avenue and
Woodriver Valley Mobile Home Park, 865 West 78th Street continue to have
unresolved issues and have not corrected the deficiencies.
However, Woodriver Valley Mobile
Home Park has corrected the deficiencies and the annual license will be issued.
Countryside Mobile Park license expired May 31, and the owner of this court
will need to ask the City Council to grant them a temporary 30-day license.
Mary Margaret Wing, manager of
Cornhusker Mobile Park, stated she has managed the Cornhusker Mobile Park for
the last 29 years. She provided a letter stating her position what happened
with the City’s inspection of the court. She said that she will continue to do
her best in resolving the issues that were brought forth in the City’s
inspection during the next year. She requested a 30-day temporary license.
She invited anyone from the City staff to tour the court and she would be happy
to answer any questions. She indicated that they recently have had four
inspections. The last one was a ride along with City Inspector Dave Albright
which resulted in 63 violations on June 7th. As a result, she has given all her
tenants a 14-day eviction notice that they must correct the problems. She
listed each violation separately for each tenant and she has received phone
calls and letters saying they don’t understand what is expected of them. This has
been an ongoing battle with tenants.
The scrub tree issue was one of the
things on the violation list. Ms. Wing stated the problem is volunteer trees
lay down like a dandelion when you mow over them and pop back up when you are
done. She understands the problem with the scrub trees that grow up by the
skirting, but since it is plastic it can easily get a hole in it if you use a
weed-eater and get too close. She has told tenants to buy ground kill, but
there is a concern about that because it can also kill their flowers or grass.
It also becomes a financial problem because most of her tenants are lower
income and try to do the best they can with the money they have.
Mayor Clouse asked Director of
Public Works Rod Wiederspan if other courts have similar problems, and have managed
to resolve them. Mr. Wiederspan stated numerous courts in Kearney have the
same issues. The others have been able to comply or bring them up to standards.
Ms. Wing had a lot of good ideas in the letter that she provided. He went
through this court on June 12th and they have made some improvements since the
last time he went through. He believed they are trying and he recommended
giving the 30-day extension to allow more time to bring it up to standards. There
has been a lot of stuff hauled out since the last time he was there. Approximately
40-50 percent of the items on the list have been improved so they are making
progress and a couple of trailers have been removed.
Council member Kearney suggested
the 30 days should begin as of the date of this Council meeting rather than
July 1st as stated. City Manager stated that would be up to the Council to
decide. The concern is that they do not have a legal license; their current
license expired May 31.
Ms. Wing stated that she believes
she has a sanitary court. They have done a lot of improvements and are doing
the very best they can in trying to educate the people about their
responsibilities as tenants. The City could come by any given day of the year
and would probably find some small violations which is part of her frustration.
Most of the tenants don’t know the landlord/tenant law unless you are trying to
evict them in the court process.
City Manager Michael Morgan
stated that this court has trailers that have needed to be removed for months
and others in need of permanent skirting and tires. Hopefully, the inspector
would check those right off. He pointed out they have had some very serious
violations, such as pools not enclosed. After another inspection is done in 30
days and if Ms. Wing disagrees with staff’s interpretation and documentation,
then she has the option to come before the Council and express her disagreement
that these things need to be done. Although some of these things are major,
they have made good progress in other areas. He did agree that if these inspections
were done a week apart, there would always be some small violations for which
Ms. Wing would not be at fault as in any other neighborhood in Kearney. The
City does not go back into these courts during the year unless there is a
complaint filed by someone. There is a standard practice that once a year we
do a court inspection and look at everything which is required under the
current City Code.
Lean Brandt stated that his
father is the owner of the trailer court. He would stand behind what Ms. Wing
has been doing and is trying to do. He stated that last fall his father spent
$9,700 having trees trimmed down there. After the ice storm he spent in excess
of $7,900 having tree branches picked up. The last wind storm blew down a bunch
more trees which cost another $3,500 to clean up. Last month his father spent
$11,000 having all the streets patched and repaired in the court. His dad is
trying to maintain the court and Ms. Wing has done an excellent job of managing
the court going on 30 years. In the last 9 months, there have been six mobile
homes that have gone to sheriff’s sales. Nobody bid on them and the process is
the titles go to the owner of the court. His dad had to spend $2,000-$2,500
each to have them demolished and hauled out. He also spent $27,000 last year
replacing a new water line in the trailer park. In order to help get things
cleaned up, they pay for a City dumpster to be down there most of the time. Ms.
Wing goes door to door frequently to encourage tenants to use the dumpster if
they can’t get everything in their trash receptacle.
Mr. Brandt stated he understands
the necessity of the yearly inspections to maintain mobile home parks, but
there will be 60-90 items listed on each inspection. The first time Mr.
Albright went through and the swimming pool issue was brought up, there was not
a pool there. Ms. Wing follows up with a re-inspection and almost all of those
60-90 problems areas are easily taken care of. It is not unusual that between
times, two swimming pools pop up and another battery appears in somebody’s yard
or somebody is re-skirting their trailer (with good intentions) but doesn’t get
it done for a long time. He believed what the City does is commendable, but he
wanted the Council to know what they are up against in their situation.
Moved by Lear seconded by Buschkoetter
to approve issuing a temporary 30-day (until July 14, 2007) Manufactured Home
Court License to Countryside Mobile Park, Inc. located at 1920 15th Avenue.
Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers,
Kearney. Nay: None. Motion carried.
CASEY’S GENERAL STORE 2717 –
ADDITION/RECONSTRUCTION OF PREMISE
Mayor Clouse opened for
discussion the Application for Addition to Premise/Reconstruction submitted by
CASEY’S RETAIL COMPANY, dba “Casey’s General Store 2717” in connection with
their Class B-71401 liquor license to renovate the building located at 705 2nd
Avenue to include a kitchen area.
There was no representation.
Moved by Buschkoetter seconded by
Clouse to table until June 26, 2007 the Application for Addition to
Premise/Reconstruction submitted by CASEY’S RETAIL COMPANY, dba “Casey’s
General Store 2717” in connection with their Class B-71401 liquor license to
renovate the building located at 705 2nd Avenue to include a kitchen area. Roll
call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter.
Nay: None. Motion carried.
BOOGAARTS – MANAGER APPLICATION
FOR LANCE HANDLEY
Mayor Clouse opened for
discussion the Application for Corporate Manager of Lance Handley submitted by
FOOD MART III, INC., dba “Boogaarts” in connection with their Class D-46140
liquor license.
Lance Handley, Store Director for
Boogaarts, presented this matter to the Council. Their application is to change
the license from the previous manager’s name. Council member Lear complimented
them on the improvements to the Boogaarts store which were recently completed.
Moved by Clouse seconded by Kearney
to approve the Application for Corporate Manager of Lance Handley submitted by
FOOD MART III, INC., dba “Boogaarts” in connection with their Class D-46140
liquor license. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney,
Buschkoetter, Lear. Nay: None. Motion carried.
OPEN ACCOUNT CLAIMS: PLATTE VALLEY
STATE BANK - $81,143.57, NPPD - $2,400.00, SCHOOL DISTRICT #7 - $4,584.30
Moved by Kearney seconded by Lammers
that Open Account Claims in the amount of $81,143.57 payable to Platte Valley
State Bank, and in the amount of $2,400.00 payable to Nebraska Public Power
District be allowed. Roll call resulted as follows: Aye: Kearney, Buschkoetter,
Lammers. Nay: None. Clouse and Lear abstained. Motion carried.
Moved by Clouse seconded by Kearney
that Open Account Claims in the amount of $4,584.30 payable to School District
#7 be allowed. Roll call resulted as follows: Aye: Clouse, Lear, Kearney. Nay:
None. Buschkoetter and Lammers abstained. Motion carried.
VII. REPORTS
CLOSED SESSION
Moved by Clouse seconded by
Kearney that Council adjourn into closed session at 7:38 p.m. on June 12, 2007
for the protection of the public interest and specifically to discuss the
salary adjustment and annual performance evaluation process of the City Manager.
Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney,
Buschkoetter. Nay: None. Motion carried.
Mayor Clouse restated the Council
is going into closed session for the protection of the public interest and
specifically to discuss the salary adjustment and annual performance evaluation
process of the City Manager only.
Moved by Kearney seconded by Lammers
that Council reconvene in regular session at 8:08 p.m. Roll call resulted as
follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion
carried.
VIII. ADJOURN
Moved by Buschkoetter seconded by
Clouse that Council adjourn at 8:08 p.m. Roll call resulted as follows: Aye: Clouse,
Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.
STANLEY
A. CLOUSE
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK