Kearney, Nebraska

September 25, 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 September 25, 2007 in the Council Chambers at City Hall.  Present were: Randy Buschkoetter, Vice-President of the Council; Michaelle Trembly, City Clerk; Council Members Don Kearney, Bruce Lear, and Bob Lammers. Absent: Mayor Stanley A. Clouse.  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: Dale Zikmund, Annabel Zikmund, Reed Miller, Lance Lang, Roland Whitney, Marilyn Whitney, Scott Hayden, Mike Young, Nathan Garst, Laura Larsen, 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

 

There was no representation from the Kearney Ministerial Association; therefore, a moment of silent prayer was held.

 

PLEDGE OF ALLEGIANCE

 

Three Boy Scouts from Troop 158 led the Council members and audience in the Pledge of Allegiance.

 

ANNOUNCEMENT

 

Vice-President Buschkoetter announced that in accordance with Section 84-1412 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is available for review and is posted towards the back of the Council Chambers.

 

ORAL COMMUNICATIONS – PAUL WICE

 

Paul Wice from KGFW Radio stated that Kearney has been his home for 63 years.  He had been afforded the rare privilege to be able to cover City government for the past four decades in the Kearney community.  It is also rare for broadcast journalist to spend their entire career in one location. He had opportunities to go elsewhere in broadcasting and university teaching, but he was glad that he stayed in Kearney.  Kearney is a unique and special place and without a doubt the leading community in out-state Nebraska in terms of business, education, industry, medical availability, agriculture, tourism and any other way that you would want to rate our community.  Each month at Planning Commission and City Council meetings, public hearings are heard for new developments.  Kearney can also boast to an outstanding educational system from UNK (nationally rated), to the KPS faculty and students who are continually recognized for achievements, and to the parochial schools including Zion Lutheran from which he graduated from in 1958. The community is very generous whether it is to benefit United Way, MONA, or other worthwhile causes.  He will now be able to help with Habitat for Humanity.  His experience has been that all the drives in this community for a worthy cause always succeed. 

 

Mr. Wice stated that he is officially retiring from full time work as of this Friday, September 28th, but he will never retire from involvement in this community.  He loves where he has lived these past 60+ years.  Although he will no longer be at the media table, he will still occasionally be attending the Council meetings.  He is looking forward to dedicating more time to special projects in this community.  This Council and all who will follow them will continue to lead the Kearney community to even greater achievements in the future.  The City Managers that he covered were: Ray Lundy, Cliff Stockmeyer, Tom Palmer, Gary Greer, Allen Johnson and Mike Morgan; and Mayors: Doc Richards, Justus Dobesh, Ron Larsen, Pete Kotsiopulos, Bruce Blankenship, Galen Hadley, Stan Clouse and many other staff members. 

 

Council members thanked Paul Wice for his dedication to the community.

 

ORAL COMMUNICATIONS – GOLDEN K KIWANIS

 

Dale Zikmund, President of the Golden K Kiwanis, stated he wanted to present a facsimile check on behalf of their club representing the hours that Golden K members have volunteered for the City during the past fiscal year.  During the year they worked 10,922 hours which they figure is worth at least $10.00 per hour which totals $109,220.00.  The volunteers too love Kearney because it is a great place.  They volunteer their time at Good Samaritan Hospital, Platte River Road Archway, MONA, UNK, all the Kearney schools, Red Cross and the Police Department. 

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

AMEND LAND USE MAP SOUTH OF 56TH STREET, WEST OF 2ND AVENUE AND EAST OF 17TH AVENUE

 

Vice-President Buschkoetter stated that the applicants have submitted a letter requesting that the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Grand West, LLC (Owner) for an amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Mixed Use 1” to “Mixed Use 2” for property described as part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of 6th P.M., containing 18.47 acres, more or less, Buffalo County, Nebraska (south of 56th Street, west of 2nd Avenue and east of 17th Avenue) remain on the table until October 9, 2007.  Therefore, no action is necessary.

 

REZONING SOUTH OF 56TH STREET, WEST OF 2ND AVENUE AND EAST OF 17TH AVENUE

 

Vice-President Buschkoetter stated that the applicants have submitted a letter requesting that the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Grand West, LLC (Owner) to rezone from “District AG, Agricultural District” to “District C-2, Community Commercial District” containing 8.74 acres, more or less AND to “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District” property described as part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of 6th P.M., containing 9.73 acres, more or less, Buffalo County, Nebraska (south of 56th Street, west of 2nd Avenue and east of 17th Avenue) remain on the table until October 9, 2007.  Therefore, no action is necessary.

 

FINAL PLAT FOR FOUNTAIN HILLS SECOND ADDITION; SOUTH OF 56TH STREET, WEST OF 2ND AVENUE AND EAST OF 17TH AVENUE

 

Vice-President Buschkoetter stated that the applicants have submitted a letter requesting that the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Grand West, LLC (Owner) for approval of the Final Plat and Subdivision Agreement for “Fountain Hills Second Addition”, a subdivision in Buffalo County, Nebraska for property described as part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 18.47 acres, more or less, Buffalo County, Nebraska (south of 56th Street and east of 11th Avenue) remain on the table until October 9, 2007.  Therefore, no action is necessary.

 

DEVELOPMENT PLANS; SOUTH OF 56TH STREET, WEST OF 2ND AVENUE AND EAST OF 17TH AVENUE

 

Vice-President Buschkoetter stated that the applicants have submitted a letter requesting that the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Grand West, LLC (Owner) for Planned District Development Plan Approval for the construction of residential townhouses on property to be zoned “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District” and described as part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (proposed Lot 1 of Block 2, Fountain Hills Second Addition and located south of 55th Street and east of 11th Avenue) remain on the table until October 9, 2007.  Therefore, no action is necessary.

 

IV.    CONSENT  AGENDA

 

Moved by Kearney seconded by Lammers that Subsections 1 through 22 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney, Lear. Nay: None. Clouse absent. Motion carried.

 

1.         Approve Minutes of Regular Meeting held September 11, 2007.

 

2.         Approve the following Claims: 3M $1,305.00 smcs; AT&T $140.95 smcs; A-1 Cleaning $167.00 smcs; Ace Hardware $228.42 smcs; Action Training $5,043.00 smcs; Advanced Auto Parts $8.62 smcs; Agent Fee $20.00 smcs; Air Midway $111.60 smcs; Alamar Uniforms $718.00 co; Alley Rose $10.00 smcs; Alltel $4,439.95 smcs; Amazon $2,454.57 smcs; Amer Assn Airport $340.00 smcs; Amer Electric $426.00 smcs; Amer Red Cross $348.00 smcs; Amsan $863.11 smcs; Anderson Brothers $350.24 smcs; Antigua Credit Dept $758.67 smcs; Appliance Service Center $135.70 smcs; Archimedes Products $7,865.00 smcs; Artcom $64.94 smcs; ASAP Parts $220.28 smcs; Ashbrook $886.27 smcs; Ashworth $974.56 smcs; Ask Supply $157.50 smcs; Astrocom $4,263.16 co; Aurora Co-op $112.00 smcs; Badminton Warehouse $42.85 smcs; Baker & Taylor Books $7,224.85 smcs,co; Barney Abstract $480.00 smcs; BBC Audiobooks $57.00 smcs; BBW Environmental $190.00 smcs; Beachbody Fitness $77.90 smcs; Berke,N $4.71 smcs; Best Lock $44.07 smcs; Bike Shed $24.93 smcs; Bill's Trailer Sales $975.00 co; Bluecross Blueshield $115,199.83 smcs; Bob's Super Store $5.89 smcs; Boogaarts $26.31 smcs; Broadfoot's $2,346.00 smcs; Brodine,S $377.00 smcs; Brown,A $329.68 smcs; Bruce Furniture $2,163.20 co; Buffalo Co Attorney $18,750.00 smcs; Buffalo Co Register Deeds $147.50 smcs; Buffalo Co Sheriff $118.00 smcs; Buffalo Air Service $4,651.00 smcs; Builders Warehouse $7,893.85 smcs,co; Business Objects $205.05 smcs; Capital Bank & Trust $192.30 ps; Carl Whitney Sand $709.50 co; Cash-Wa Distributing $13,610.00 smcs,co; Cengage Learning $73.06 smcs; Centaur Enterprises $268.37 smcs; Central Contracting $18,007.20 co; Central Fire & Safety $3,417.55 smcs; Central Hydraulic $5,320.40 smcs,co; Charter $54.99 smcs; Chase Suites $231.84 smcs; Chesterman $100.30 smcs; Chiswick Bags Bows $197.84 smcs; City of Ky $109,095.80 smcs,ps; Coast Aire Publications $97.00 smcs; College Savings Plan of NE $75.00 ps; Colorado Chapter APWA $1,040.00 smcs; Combative Tactics $750.00 smcs; Construction Rental $400.95 smcs,co; Copycat Printing $671.10 smcs; Cornhusker Cleaning $156.12 smcs; Crossroads Ford $657.95 smcs; Crown Awards $60.65 smcs; Crystal Clean $359.00 smcs; CSN Stores $299.95 smcs; CTA Chicago State $60.00 smcs; Culligan $471.50 smcs; Cummins Central Power $965.78 smcs; CVI Kearney $316.57 smcs; CVS Pharmacy $15.56 smcs; D&D Industries $55.50 smcs; D&M Security $1,344.00 smcs; Dandee Construction $11,375.00 co; Dawson Co PPD $25,662.02 smcs; Days Inn $499.95 smcs; Dell $8,880.85 smcs,co; Dept of the Treasury $31.80 ps; Designer Craft $451.58 co; Deterdings $8,541.05 smcs; Diamond Vogel $51.14 smcs; Dmilaco $1,202.34 smcs; Double M Farms $2,000.00 smcs; DPC Industries $14,299.00 smcs; Dutton-Lainson $1,212.76 smcs; Eakes $21,334.04 smcs,co; Earl May $17.99 smcs; Ecolab $30.00 smcs; EDM Equipment $294.07 smcs; Education Service Unit #10 $3,665.00 co; Elite Title & Escrow $309.28 smcs; Elliott Equipment $90.93 smcs; Emblem Enterprises $520.00 ps; Eustis Body Shop $70.00 smcs; F&S Supply $880.00 smcs; Fairbanks $2,834.34 smcs; Fastenal $697.22 smcs; Fedex $66.06 smcs; Fiddelke Heating $3,302.50 smcs; Findley,R $4.35 smcs; Fireguard $8,817.45 smcs,co; Frontier $8,372.00 smcs; Frontierair $422.70 smcs; G. Neil $1,920.00 smcs; Galbreath $676.44 smcs; Galls $308.16 smcs; Gangwish Turf $108.57 smcs; Garett Tires $3,762.08 smcs; Gatehouse $551.66 smcs; Geographic Technologies $2,500.00 co; Glazier,R $22.99 smcs; Gleason,V $233.78 smcs; Golf Course Superintendent $300.00 smcs; Gordons Small Engine $199.79 smcs; Graham Tire $143.90 smcs; Grainger $2,814.68 smcs; Grand Central IGA $23.58 smcs; Great Plains One Call $409.60 smcs; Grimes,A $4.71 smcs; Grones Outdoor Power $76.24 co; Guideposts $16.94 smcs; H&H Distributing $1,669.00 smcs; Hach $525.26 smcs; Hackmeister,T $20.41 smcs; Hall Signs $215.00 smcs; Hansen,G $980.00 smcs; Hastings $18.18 smcs; Heaven's Best $1,960.00 smcs; Hilliard,R $100.00 smcs; Holmes Plumbing $1,028.07 smcs,co; Hotsy Equipment $2,595.00 smcs; Howdys $60.62 smcs; Hunt,D $107.10 smcs; ICMA Internet $575.00 smcs; ICMA RC $2,613.95 ps; ICOM America $100.40 smcs; ILEETA $40.00 smcs; Informed Guides $54.96 smcs; Inland Truck Parts $89.60 smcs; Institute of Police Tech $1,250.00 smcs; Intellicom $1,260.00 smcs; IRS $94,047.32 ps; Iowa Fluid Power $79.78 smcs; Island Sprinkler Supply $40.97 smcs; Jack Lederman $1,262.74 smcs,co; Jaeschke,K $12.00 smcs; Johnson Hardware $431.00 smcs; Johnson Lawn & Landscape $8,560.00 co; Jottodesk $202.75 smcs; K&K Parts $1,231.80 smcs,co; Kayton Electric $98,646.91 smcs,co; Ky Crete & Block $4.00 smcs; Ky Clinic $777.00 smcs,ps; Ky Concrete $12,923.61 smcs,co; Ky Glass $2,607.13 smcs,co; Ky Hub $6,840.25 smcs; Ky Humane Society $2,400.00 smcs; Ky Implement $827.11 smcs; Ky Towing $512.50 smcs; Ky Visitors Bureau $36,034.55 smcs; Ky Warehouse $3,817.77 smcs; Ky Winlectric $781.54 smcs; Ky Yamaha $957.60 smcs; Kelly Supply $1,316.50 smcs; Kellyco $109.90 smcs; KHAS-TV $1,440.00 smcs; KHGI/KWNB $210.00 smcs; Knox Co $1,470.00 smcs; Konica Minolta $73.60 smcs; Kowalek,G $7.68 smcs; KQKY-FM $333.00 smcs; Lakeland Engineering $255.84 smcs; Laughlin,K $180.00 ps; Lawson Products $451.42 smcs; Linweld $178.73 smcs; Little Caesars $11.00 smcs; Little USA $4.84 smcs; Location Technologies $1,386.00 co; Logan Contractors $5,102.00 co; Lynaugh,J $66.65 smcs; Lynch,D $900.00 smcs; Magic Cleaning $660.00 smcs; Main Event $175.00 smcs; Marketing Displays $3,633.42 smcs; Marlatt Machine Shop $1,479.86 smcs,co; Marshall,I $4.71 smcs; McCarty,D $1,226.34 smcs; Menards $3,127.65 smcs,co; Mendez,C $378.62 smcs; Mercantilacom $389.99 ps; Metropolitan Area Planning $26,587.70 smcs; Michael Todd $1,991.50 smcs; Mid American Specialties $222.60 smcs; Mid-NE Garage $250.00 smcs; Midway Chrysler Dodge $821.95 smcs; Midwest Fieldturf $500.00 smcs; Midwest Turf $590.16 smcs; Miller & Associates $233.90 smcs; Miller Signs $460.00 smcs; Miracle Recreation $838.00 co; Misko Sports $108.97 smcs; Mollring,A $350.00 smcs; Mosbarger,B $200.00 ps; Moss & Barnett $154.60 smcs; Mr Automotive $3,046.72 smcs; MSI Systems Integrators $11,672.80 smcs; Municipal Emergency $7,380.00 smcs; Municipal Supply $25.99 smcs; Napa All Makes $1,136.71 smcs,co; National Fire Protection $47.14 smcs; NCS Equipment $52.32 smcs; NE Child Support $2,298.50 ps; NE Dept of Roads $26,102.33 smcs; NE DOL/Safety & Labor $144.00 smcs; NE Library Ass'n $322.50 smcs; NE Library Commission $800.00 smcs; NE Local Technical $770.95 smcs; NE Municipal Clerks $35.00 smcs; NE Truck Center $187.13 smcs; NE Wine & Spirits $34.34 smcs; NEland Distributors $667.80 smcs; Neopost $8,000.00 smcs; Newegg $381.58 smcs,co; Newman Signs $291.56 smcs; NMC $959.69 smcs; Noller Electric $5,265.06 smcs,co; Northwest Electric $161.88 smcs; Northwestern Energy $2,840.79 smcs; Nova Fitness $493.00 ps; O'Connor,S $30.00 smcs; Office Depot $26.98 smcs; Office Max $1,657.33 smcs,co; Officenet $886.38 smcs; Ohri,R $58.50 smcs; OMB Police Supply $4,929.89 co; O'Reilly Auto $1,138.55 smcs; Orscheln $800.11 smcs; Owl Systems $571.72 smcs; Palos Sport $26.95 smcs; Paramount Linen $343.67 smcs; Partners Book Distribution $33.14 smcs; Partselect $58.68 smcs; Pat's Plumbing $930.00 smcs; Patterson,B $87.12 smcs; Paypal $344.53 smcs; PB&G Development $1,310.49 co; PBD Ala-graph Editions $131.75 smcs; Pep Co $51.10 smcs; Pepsi-Cola $2,594.92 smcs; Pioneer Revere $970.00 smcs; Platte Valley Comm $3,465.84 smcs,co; Play it Again Sports $31.30 ps; Pocketpctechscom $29.99 smcs; Police Officer Ass'n of NE $490.00 smcs; Presto-X $53.00 smcs; Protech Projection System $6,994.99 co; Public Resource Library $92.08 smcs; Push Pedal Pull $145.00 ps; Putnam,R $9.65 smcs; Quill $854.32 smcs; Radioshack $39.98 smcs; Rainbow Group $150.00 smcs; Random House $58.00 smcs; Read Aloud NE $50.00 smcs; Ready Mixed Concrete $8,733.76 co; Reams Sprinkler $1,583.21 smcs; Recognition Unlimited $165.53 smcs; Recorded Books $884.52 smcs; Republic Beverage $149.00 smcs; Rheome Tree $1,025.00 smcs; Rhino Linings $450.00 co; Riverside Manufacturing $795.00 ps; Sahling Kenworth $933.01 smcs; Salter,J $58.50 smcs; Sandhill Plastics $5,592.00 co; Sara Lee Bakery $72.90 smcs; Schwan's $271.83 smcs; Sears Dealer $429.94 smcs; See Clear Cleaning $4,600.00 smcs; S-F Analytical Laboratory $202.00 smcs; Sheldon,S $16.03 smcs; Sherwinn Williams $766.91 smcs,co; SHRM ORG $320.00 smcs; Signwarehousecom $38.69 smcs; Smitty's Construction $625.00 smcs; Softchoice $5,814.06 smcs,co; Solid Waste Agency $430.10 smcs; Sorensen Group $507.83 smcs; Sprinkler Warehouse $456.50 smcs; Stanley Security $412.82 smcs; State NE/Dept Aeronautics $995.00 ds; State of NE/HHS Lab $13.00 smcs; Steinbrinks Landscaping $5,576.75 smcs; Sterling Distributing $168.81 smcs; Straptite $316.73 smcs; Suburban Fire Protection $10,000.00 smcs; Sumpter,M $89.52 smcs; Sunmart $137.54 smcs; Sutphen Corp $283.76 smcs; Target $467.89 smcs,ps; Taser Int'l $800.00 smcs; Team Effort $425.88 smcs; Teledyne $155.71 smcs; Telephone Systems of NE $22.46 smcs; Terrascan $7,600.00 co; Thomson Gale $3,197.79 smcs; Tielke Enterprise $351.96 smcs; Tilley Sprinkler Systems $4,885.00 smcs; Tool Doctor $65.42 smcs; Tractor-Supply $1,754.78 smcs; Tri City Outdoor Power $293.83 smcs; Turf Works $34.20 smcs; Turner Body Shop $2,699.80 smcs; Underground Construction $520.00 smcs; UPRR $100.00 smcs; Unique Management $295.35 smcs; United Seeds $3,341.00 smcs; United Way Store $97.93 smcs; University of NE/NIFS $550.00 smcs; UPS $36.85 smcs; US Postmaster $978.00 smcs; USA Blue Book $893.64 co; USPS $132.20 smcs; Van Diest Supply $4,269.49 smcs; Vintage Title $8,137.46 smcs; Walden,R $29.93 smcs; Walgreens $42.27 smcs; Wal-mart $616.60 smcs; Warrington,D $58.50 smcs; Wellman,P $47.49 smcs; Wicks Sterling Trucks $7.33 smcs; Wiederspan,R $160.05 smcs; Wiegand Security Service $75.00 smcs; Wilke Donovans $108.52 smcs; Wooden,T $1,000.00 smcs; WPCI $107.00 ps; Wrecker Boyz Towing $450.00 smcs; Yanda's Music $1,466.00 smcs; Yellow Van Cleaning $2,902.74 smcs; Young's $331.10 smcs; Youths Safety $880.82 smcs; Payroll Ending 9-15-2007 -- $285,920.30.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Receive recommendations of Planning Commission and set October 9, 2007 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve Change Order No. 1 for a decrease in the amount of $7,649.50 and Application and Certificate for Payment No. 3 in the amount of $81,470.22 submitted by Dan Roeder Concrete, Inc. and approved by Miller & Associates for the 2006 Part III Improvements – Bid B consisting of Paving Improvement District No. 2006-909 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Paving Improvement District No. 2006-910 for 17th Avenue from 14th Street south to 11th Street and approve Resolution No. 2007-197.

 

RESOLUTION NO. 2007-197

 

WHEREAS, Dan Roeder Concrete, Inc. of Kearney, Nebraska has performed services in connection with the 2006 Part III Improvements – Part B consisting of Paving Improvement District No. 2006-909 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Paving Improvement District No. 2006-910 for 17th Avenue from 14th Street south to 11th Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $7,649.50 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 3 in the amount of $81,470.22 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$468,655.00
Change Order No. 1 (9-25-2007)	-7,649.50
Contract Sum To Date	461,005.50
Gross Amount Due	461,005.50
Retainage	10,000.00
Amount Due to Date	451,005.50
Less Previous Certificates for Payment	369,535.28
Current Payment Due	$  81,470.22

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as shown on Exhibit “A”, and Application and Certificate for Payment No. 3, as shown on Exhibit “B”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

5.         Approve Application and Certificate for Payment No. 6 in the amount of $181,190.22 submitted by Blessing, LLC and approved by Miller & Associates for 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. 2007-198.

 

RESOLUTION NO. 2007-198

 

            WHEREAS, Blessing LLC of Kearney, Nebraska has performed services in connection with the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road (Paving Improvement District No. 2006-908), and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 6 in the amount of $181,190.22 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$1,977,660.96
Change Order No. 1 (6-26-2007)             Change Order No. 2 (7-24-2007)	+     61,459.75 +       4,853.68
Contract Sum to Date	$2,043,974.39
Gross Amount Due	872,250.39
Retainage	87,225.07
Amount Due to Date	785,025.61
Less Previous Certificates for Payment	603,835.39
Current Payment Due	$   181,190.22

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 6, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

6.         Approve Application and Certificate for Payment No. 2 in the amount of $253,405.04 submitted by Midlands Contracting and approved by Miller & Associates for the 2007 Part III Improvements – Bid A consisting of Water District No. 2007-547 for 16th Street from Avenue M east a distance of 747± feet; Sewer District No. 2007-489 for 16th Street from Avenue M east a distance of 747± feet; Water Connection District No. 2007-1 for 56th Street from 30th Avenue west a distance of 4,410.1 feet; 5th Avenue Water Main Replacement; Avenue C Railroad Crossing and approve Resolution No. 2007-199.

 

RESOLUTION NO. 2007-199

 

            WHEREAS, Midlands Contracting, Inc. of Kearney, Nebraska has performed services in connection with the 2007 Part III Improvements consisting of Water District No. 2007-547 and Sewer District No. 2007-489 for 16th Street from Avenue M east a distance of 747± feet; 5th Avenue Water Main Replacement; Avenue C Railroad Crossing, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $253,405.04 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$437,741.30
Change Order No. 2 (8-28-2007)	-     1,011.00
Contract Sum to Date	$436,730.30
Gross Amount Due	363,742.96
Retainage	36,374.30
Amount Due to Date	327,368.66
Less Previous Certificates for Payment	73,963.00
Current Payment Due	$253,405.04

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 2, as shown on Exhibit “A”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

7.         Approve Application and Certificate for Payment No. 1 in the amount of $81,035.55 submitted by Dan Roeder Concrete and approved by Miller & Associates for the 2007 Part III Improvements – Bid B consisting of Paving Improvement District No. 2007-914 for 16th Street from Avenue M east a distance of 747± feet and approve Resolution No. 2007-200.

 

RESOLUTION NO. 2007-200

 

            WHEREAS, Dan Roeder Concrete of Kearney, Nebraska has performed services in connection with the 2007 Part III Improvements consisting of Paving Improvement District No. 2007-914 for 16th Street from Avenue M east a distance of 747± feet, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $81,035.55 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$142,511.50
Change Order – None	.00
Contract Sum to Date	$142,511.50
Gross Amount Due	90,039.50
Retainage	9,003.95
Amount Due to Date	81,035.55
Less Previous Certificates for Payment	.00
Current Payment Due	$  81,035.55

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 1, as shown on Exhibit “A”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

8.         Approve Change Order No. 2 showing an increase of additional working days, Application and Certificate for Payment No. 12 in the amount of $262,069.81 submitted by Sargent Drilling of Broken Bow, Nebraska and approved by Miller & Associates for the Northwest Well Field Improvements – Phase I (Municipal Water Wells) and approve Resolution No. 2007-201.

 

RESOLUTION NO. 2007-201

 

WHEREAS, Sargent Drilling Co. of Broken Bow, Nebraska has performed services in connection with the Northwest Well Field Development; Phase I – Municipal Water Wells, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing an increase of additional working days as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

            WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 12 in the amount of $262,069.81 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$2,364,294.50
Change Order No. 1 (4-10-2007)             Change Order No. 2 (9-25-2007) additional working days to the contract time	+   142,586.66
Contract Sum to Date	2,506,881.66
Gross Amount Due	2,090,475.15
Retainage	175,892.37
Amount Due to Date	1,914,582.78
Less Previous Certificates for Payment	1,652,512.97
Current Payment Due	$   262,069.81

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 2, as shown on Exhibit “A”, and Application and Certificate for Payment No. 12, as shown on Exhibit “B”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

9.         Approve Application and Certificate for Payment No. 1 in the amount of $752,186.88 submitted by Starostka Group Unlimited, Inc. and approved by Miller & Associates for the Northwest Well Field Improvements – Phase II (Water Transmission Main) and Water Connection District No. 2007-1 for 56th Street from 30th Avenue west a distance of 4,410.1 feet and approve Resolution No. 2007-202.

 

RESOLUTION NO. 2007-202

 

            WHEREAS, Starostka Group Unlimited of Grand Island, Nebraska has performed services in connection with the Northwest Well Field Improvements; Phase II – Water Transmission Main, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Application and Certificate for Payment No. 1 in the amount of $752,186.88 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$4,098,297.20
Change Order – None	.00
Contract Sum to Date	4,098,297.20
Gross Amount Due	835,763.20
Retainage	83,576.32
Amount Due to Date	752,186.88
Less Previous Certificates for Payment	.00
Current Payment Due	$   752,186.88

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 1, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

10.        Approve the Plans and Specifications for the 2007 Manhole Rehabilitation Project and set the bid opening date for October 16, 2007 at 2:00 p.m.

 

11.        Approve the Agreement for the Acquisition of Right-of-Way between the City of Kearney and N&K Investment Co. 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. 2007-203.

 

RESOLUTION NO. 2007-203

 

            BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the Agreement for the Acquisition of Right-of-Way be and is hereby accepted and that the City Manager be and is hereby authorized and directed to execute the said Agreement on behalf of the City of Kearney.  The original Agreement for the Acquisition of Right-of-Way, marked as Exhibit “A” is attached hereto and made a part hereof.

            PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

12.        Approve the application for a Special Designated License submitted by JUAN LAZO, dba "El Tropico" in connection with their Class "BM37623" Liquor License to dispense beer and distilled spirits in the Exhibit Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on October 13, 2007 from 6:00 p.m. until 1:00 a.m. for a Mexican dance.

 

13.        Approve the application for a Special Designated License submitted by ALLEY ROSE INC. OF KEARNEY, dba “Alley Rose” in connection with their Class IK-21763 catering liquor license to dispense beer, wine and distilled spirits in the Museum of Nebraska Art, 2013 Central Avenue on October 24, 2007 from 5:00 p.m. until 8:00 p.m. for a reception.

 

14.        Approve the application for a Special Designated License submitted by CHICKEN BONES OF KEARNEY, INC., dba “Chicken Coop Sports Bar & Grill in connection with their Class I-54354 liquor license to dispense beer in the Exposition Building located at the Buffalo County Fairgrounds, 3807 Avenue N on October 14, 2007 from 12:00 p.m. until 12:00 a.m. for a demolition derby.

 

15.        Approve the application to extend Conditional Use Permit No. 1979-06 submitted by Susan Underhill to locate a day care facility at 2803 Avenue I for a period of one year.

 

16.        Approve the Agreement with The S.A.F.E. Center to block off the parking lot located north of the Museum of Nebraska Art on October 18, 2007 beginning at 5:00 p.m. until 9:00 p.m. for their Annual Candlelight Vigil with the event beginning at 7:00 p.m.

 

17.        Approve the application for a Special Designated License submitted by submitted by NIGHT LIFE CONCEPTS, INC., dba “Cunningham’s Journal” in connection with their Class CK-59311 catering liquor license to dispense beer, wine and distilled spirits in the Museum of Nebraska Art located at the 2013 Central Avenue on October 11, 2007 from 4:00 p.m. until 8:00 p.m. for a Management Conference Dinner.

 

 

18.        Approve the application for a Special Designated License submitted by submitted by NIGHT LIFE CONCEPTS, INC., dba “Cunningham’s Journal” in connection with their Class CK-59311 catering liquor license to dispense beer, wine and distilled spirits in the Ag Pavilion at the Buffalo County Fairgrounds located at the 3807 Avenue N on October 13, 2007 from 5:00 p.m. until 1:00 a.m. for a wedding reception and dance.

 

 

19.        Authorize City staff to submit an application for federal assistance from the Recreational Trails Program for the eastward extension of the Lighthouse Point Trail through Ted Baldwin Park and extending into the Fountain Hills Subdivision and approve Resolution No. 2007-204.

 

RESOLUTION NO. 2007-204

 

            WHEREAS, the City of Kearney, Nebraska is applying for federal assistance from the Recreational Trails Program for the purpose of extending the eastward extension of the Lighthouse Point Trail through Ted Baldwin Park and extending into the Fountain Hills Subdivision; and

            WHEREAS, the President of the Council of Kearney, Nebraska is authorized to sign the application for federal assistance, and any other official project documents that are necessary to obtain such assistance, including any agreements, contracts or other documents that are required by the State of Nebraska or the Federal Highway Administration; and

WHEREAS, the City of Kearney, Nebraska currently has the written commitment for the twenty percent (20%) local matching share for the project elements that are identified on the application form and the Supplemental Documents and will, as it becomes necessary, allocate the local funds for this project; and

WHEREAS, the City of Kearney, Nebraska will commit the necessary financial resources to operate and maintain the completed project in a safe and attractive manner; and

WHEREAS, the City of Kearney, Nebraska will not discriminate against any person on the basis of race, color, age, religion, disability, sex or nation origin in the use of any property or facility that is acquired or developed pursuant to the project proposal, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, and any of the regulations promulgated pursuant to such Act; and

WHEREAS, the City of Kearney, Nebraska will comply with all rules and regulations of the Recreational Trails Program, applicable Executive Orders and all state laws that govern the grant applicant during the performance of the project; and

WHEREAS, the City of Kearney, Nebraska will comply with the federal disability access and use standards where they can be reasonably applied, in accordance with the American with Disability Act of 1991.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City of Kearney submit an application to the Nebraska Game and Parks Commission for federal assistance from the Recreational Trails Program for the purpose of extending the eastward extension of the Lighthouse Point Trail through Ted Baldwin Park and extending into the Fountain Hills Subdivision.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the application for federal assistance, and any other official project documents that are necessary to obtain such assistance, including any agreements, contracts or other documents that are required by the State of Nebraska or the Federal Highway Administration

            PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

20.        Accept the Warranty Deed granted to the City of Kearney from Archview LLC for a tract of land being part of accretion abutting Government Lot 6 on the south and located in the Southeast Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska and approve Resolution No. 2007-205.

 

RESOLUTION NO. 2007-205

 

            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 accretion abutting Government Lot 6 on the south and located in the Southeast Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northeast corner of Government Lot 7 in said Section 8 and assuming the east line of said Government Lot 7 as bearing S00°10”49”W and all bearings contained herein are relative thereto; thence S00°10’49”W and on said east line a distance of 849.57 feet; thence S82°52’34”W a distance of 1877.45 feet to the actual place of beginning; thence S82°52’34”W continuing on the aforesaid line a distance of 452.0 feet; thence S00°10’49”W parallel to said east line a distance of 637.23 feet to the centerline of the North Channel of the Platte River; thence N48°59’35”E on said centerline a distance of 21.56 feet; thence N42°06’13”E continuing on said centerline a distance of  95.81 feet; thence N66°20’07”E a distance of 32.48 feet; thence N85°11’36”E a distance of 160.63 feet; thence S87°30’32”E a distance of 178.5 feet; thence leaving said centerline N00°10”19”E parallel with said east line a distance of 598.32 feet to the place of  beginning, containing 5.88 acres, more or less, all located in Buffalo County, Nebraska.

            WHEREAS, Archview, L.L.C., a Nebraska Limited Liability Company, has granted to the City of Kearney a Warranty Deed for a tract of land being part of accretion abutting Government Lot 6 on the south and located in the Southeast Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northeast corner of Government Lot 7 in said Section 8 and assuming the east line of said Government Lot 7 as bearing S00°10”49”W and all bearings contained herein are relative thereto; thence S00°10’49”W and on said east line a distance of 849.57 feet; thence S82°52’34”W a distance of 1877.45 feet to the actual place of beginning; thence S82°52’34”W continuing on the aforesaid line a distance of 452.0 feet; thence S00°10’49”W parallel to said east line a distance of 637.23 feet to the centerline of the North Channel of the Platte River; thence N48°59’35”E on said centerline a distance of 21.56 feet; thence N42°06’13”E continuing on said centerline a distance of  95.81 feet; thence N66°20’07”E a distance of 32.48 feet; thence N85°11’36”E a distance of 160.63 feet; thence S87°30’32”E a distance of 178.5 feet; thence leaving said centerline N00°10”19”E parallel with said east line a distance of 598.32 feet to the place of  beginning, containing 5.88 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 25TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

21.        Approve Change Order No. 1 showing a decrease in the of $1,064.10 and Application and Certificate for Payment No. 1 in the amount of $98,548.11 submitted by Kayton Electric and approved by Iteris, Inc. for the 56th Street and Avenue N Intersection Improvement Project and approve Resolution No. 2007-206.

 

RESOLUTION NO. 2007-206

 

WHEREAS, Kayton Electric, Inc. has performed services in connection with the 56th Street and Avenue N Intersection Improvement Project, and the City's engineer, Iteris, Inc., have filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $1,064.10 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $98,548.11 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$110,562.00
Change Order No. 1 (9-25-2007)	-     1,064.10
Contract Sum To Date	109,497.90
Gross Amount Due	109,497.90
Retainage	10,949.79
Amount Due to Date	98,548.11
Less Previous Certificates for Payment	.00
Current Payment Due	$  98,548.11

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as shown on Exhibit “A”, and Application and Certificate for Payment No. 1, as shown on Exhibit “B”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

22.        Approve Application and Certificate for Payment No. 1 in the amount of $54,892.62 submitted by Concrete Workers and approved by Miller & Associates for the Cemetery Paving 2007 Project and approve Resolution No. 2007-207.

 

RESOLUTION NO. 2007-207

 

WHEREAS, Blessing, LLC has performed services in connection with the 2006 Cemetery Paving Improvements, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $54,892.62 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$112,068.50
Contract Sum To Date	112,068.50
Gross Amount Due	60,991.80
Retainage	6,099.18
Amount Due to Date	54,892.62
Less Previous Certificates for Payment	.00
Current Payment Due	$  54,892.62

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate of Payment No. 1 as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7381 – REPEAL ORDINANCE NO. 7361 AND SELL PORTION OF VACATED AVENUE E

 

Back in 2000 the City received a request from a property owner to purchase some vacated right-of-way. The City of Kearney sold to that abutting property owner the vacated east 17 feet of Avenue E as it abuts Lot 1 except the south 30 feet of Westerbuhr Addition. The property has since changed ownership and in order to clear up title on the parcel, the City needs to sell the vacated east 17 feet as it abuts the south 30 feet of Lot 1, Westerbuhr Addition. This matter was brought forward to the City Council in July of 2007. When the document was submitted to the Register of Deeds, it was noted that the legal description needed to be corrected. This ordinance will rectify any issues with regard to this matter.

 

Council Member Lammers introduced Ordinance No. 7381, being Subsection 1 of Agenda Item V to repeal Ordinance No. 7361 and correct the legal description to sell the vacated east 17 feet of Avenue E as it abuts the south 30 feet of Lot 1, Westerbuhr Addition, an addition to the City of Kearney, Buffalo County, Nebraska, now vacated and being part of Lot 1758, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, 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: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse 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. 7381 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7381 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Buschkoetter, Lammers, Kearney, Lear. Nay: None. Clouse absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7381 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. 7382 – AMEND SECTIONS 9-1016, 9-1017, 9-1018, 9-1042, 9-1044, 9-1050 OF THE CITY CODE TO ADOPT 2006 UNIFORM PLUMBING CODE

 

The City of Kearney is currently enforcing the 2003 Uniform Plumbing Code as the minimum standard for the installation of drain, waste and vent systems in all commercial and residential structures within the jurisdiction of the City of Kearney.  Following a review by the City of Kearney Examining Board of Plumbers and the local plumbing community, the Board is recommending updating and adopting the 2006 Uniform Plumbing Code.  The adoption of the 2006 code will keep the plumbing community current with latest techniques and procedures for the installation of plumbing systems in the community.  

 

Council Member Lammers introduced Ordinance No. 7382, being Subsection 2 of Agenda Item V to amend Section 9-1016 “Uniform Plumbing Code; Adopted” of Article 10 “Plumbing Code” of Division I “Uniform Plumbing Code” of Chapter 9 “Public Works” of the Code of the City of Kearney to adopt the Uniform Plumbing Code, 2006 Edition, to delete the reference to Appendix H–Procedures for Sizing Grease Interceptors, to delete the reference to Appendix G–Graywater Systems, to delete the reference to Appendix J–Reclaimed Water Systems; to amend Section 9-1017 “Amendments to Uniform Plumbing Code” of Article 10 “Plumbing Code” of Division I “Uniform Plumbing Code” of Chapter 9 “Public Works” of the Code of the City of Kearney to adopt the Uniform Plumbing Code, 2006 Edition; to amend Section 9-1018 “Septic Systems and Leach Fields” of Article 10 “Plumbing Code” of Division I “Uniform Plumbing Code” of Chapter 9 “Public Works” of the Code of the City of Kearney to adopt the Uniform Plumbing Code, 2006 Edition; to amend Section 9-1042 “Specialty Plumber Classifications” of Article 10 “Plumbing Code” of Division III “Licensing and Regulation of Plumbers” of Chapter 9 “Public Works” of the Code of the City of Kearney to adopt the Uniform Plumbing Code, 2006 Edition; to amend Section 9-1044 “Application for Registration” of Article 10 “Plumbing Code” of Division III “Licensing and Regulation of Plumbers” of Chapter 9 “Public Works” of the Code of the City of Kearney to provide registration to run concurrently with licenses expiring on the last day of January of the second year following the date of issuance and shall not be assignable; and to amend Section 9-1050 “Expiration of Licenses” of Article 10 “Plumbing Code” of Division III “Licensing and Regulation of Plumbers” of Chapter 9 “Public Works” of the Code of the City of Kearney to provide licenses expiring on the last day of January of the second year following the date of issuance and shall not be assignable, 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: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse 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. 7382 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7382 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Buschkoetter, Lammers, Kearney, Lear. Nay: None. Clouse absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7382 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. 7383 – AMEND CHAPTERS 21 AND 22 OF THE CITY CODE

 

Moved by Buschkoetter seconded by Kearney to remove from the table the proposed amendments to Chapter 21 and 22 of the City Code.  Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lear, Lammers. Nay: None. Clouse absent. Motion carried.

 

City Planner Lance Lang stated at the last Council meeting, the Council adopted an ordinance amending Chapter 20 to allow duplex lots to be established by Minor Subdivision along the common wall in District R-2, Urban Residential Mixed-Density District. Revisions to allow townhouse development on fee simple lots were also discussed. The Council continued amending Chapters 21 and 22 to allow staff to clarify the amendments based on discussion held during the public hearing.

 

There are only two changes to the amendments to Chapters 21 and 22, the remainder of the proposed amendments is still valid as presented at the last City Council meeting. The two changes that the Council requested are as follows:

      1)   The required side yard for townhouse developments in Table 21-102 for District R-3 and in Table 22-102 for District R-4 shall remain 15 feet.  At the last meeting, the amendment proposed reduction of this setback to ten feet.

      2)   Note 2 referencing Tables 21-102 and 22-102 shall be amended to read as follows:

A minimum thirty (30) feet of separation shall be maintained between any two (2) adjacent structures containing townhouse units. Such open area shall be managed as common space by a homeowners association.

 

In the amendment presented on September 11, the minimum separation was 20 feet (based on the reduced 10-foot side yard) and the land between the structures could either be part of a private lot, or could be open space managed by the association. The current proposal specifies 30 feet of separation based on the 15-foot side yard requirement, and insures that they cannot be fenced off as part of a private lot, thereby insuring adequate pedestrian circulation throughout the development.

 

Vice-President Buschkoetter stated there was a considerable amount of discussion regarding these two issues at the last meeting and most of his questions were answered at that time.  Council member Lammers agreed. 

 

Council member Kearney stated that he was not uncomfortable changing what was proposed by the Planning Commission regarding these items.  He believed that it should have been remanded back to Planning Commission.  He was uncertain about the impact of the density of these types of living areas would bring in future years.  For these reasons, he was opposed to the amendments.

 

Moved by Lammers seconded by Lear that Ordinance No. Ordinance No. 7383 amending Section 21-102 “Site Development Regulations” of Chapter 21, “District R-3, Urban Residential Multi-Family District (Medium Density)” of the Code of the City of Kearney and Section 22-102 “Site Development Regulations” of Chapter 22, “District R-4, Urban Residential Multi-Family District (High Density)” of the Code of the City of Kearney to allow townhouse development on fee simple lots be placed on first reading, and that the ordinance be read by title on three different days. Vice-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: Buschkoetter, Lear, Lammers. Nay: Kearney. Clouse absent. Motion carried. City Clerk read Ordinance No. 7383 by title only.

 

ORDINANCE NO. 7376 – REZONE SOUTH OF 56TH STREET, WEST OF 2ND AVENUE AND EAST OF 17TH AVENUE

 

Vice-President Buschkoetter stated that the Applicants have requested that Ordinance No. 7376 rezoning property located south of 56th Street, west of 2nd Avenue and east of 17th Avenue remain on the table until October 9, 2007. Therefore, no action is necessary.

 

EAGLES FRATERNAL ORDER 2722 MANAGER APPLICATION

 

Vice-President Buschkoetter opened for discussion the application for Corporate Manager of Roland Whitney submitted by Eagles Fraternal Order 2722 in connection with their Class C-11097 liquor license located at 17 West 24th Street.

 

Roland Whitney, 301 East 26th Street, presented this matter to the Council.  Most of their help have been through a “sting” and have never had any trouble.  They always watch for underage drinking.  All their employees are going to take the TIPS class.  Most of their customers are members of the Eagles and they do not have any carry out. 

 

Vice-President Buschkoetter stated their record has been very good.  The last violation they had was in 1975 and 32 years is very good.  Mr. Whitney stated that he has been a member of the Eagle’s Club for 44 years.  He used to manage Grandpa’s Steak House, his uncle ran the Oasis and his aunt ran Dad’s Tavern so he is familiar with the business. 

 

Moved by Lear seconded by Buschkoetter to approve the application for Corporate Manager of Roland Whitney submitted by Eagles Fraternal Order 2722 in connection with their Class C-11097 liquor license located at 17 West 24th Street. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lear, Lammers. Nay: None. Clouse absent. Motion carried.

 

AWARD BID FOR NORTHWEST WELL FIELD IMPROVEMENTS – PHASE III (WATER CONDITIONING FACILITY AND CONTROL SYSTEM)

 

Vice-President Buschkoetter opened for discussion the bids received for the Northwest Well Field Improvements – Phase III (Water Conditioning Facility and Control System) and to consider approval of Resolution No. 2007-208 awarding the bid to Eriksen Construction from Blair, Nebraska in the amount of $410,900.00 for the construction of the Water Conditioning Facility and rejecting the bids received for the Control System and authorize re-advertising the Control System.

 

Reed Miller from Miller & Associates presented this matter to the Council. At the July 24, 2007 City Council meeting the Council approved the plans and specifications for the North West Well Field Improvements - Phase III.  The Phase III Improvements include a Water Conditioning Facility to treat the water and SCADA System Improvements to communicate with the wells via an automated control system.

 

On September 12, 2007 the City received bids for the Phase III Improvements.  Miller and Associates the City’s Engineer on the project has prepared a letter summarizing the bids and recommending awarding the bids.

 

Two bids were received for Bid A, the Water Conditioning Facility. Eriksen Construction of Blair, Nebraska submitted the low bid which is $107,100.00 below the Engineers Estimate. Two bids were received for Bid B, the SCADA System Improvements. A.W. Schultz of Shawnee, Kansas submitted the low bid for Bid B, in the amount of $210,800.00. However, A. W. Schultz’s bid was a qualified bid and they stated that their bid did not include utilizing the programming services of Technical Maintenance and Service Company as specified in the bid documents. Due to the significant difference between the two bids and the low bid being a qualified bid that does not meet specifications we believe the Bid B work should be re-advertised and re-bid.

 

Funds to pay for the development of the Northwest Well Field including the Water Conditioning Building and SCADA System have been included in the proposed 2007-2008 Budget.  The funds were secured through a loan from the State of Nebraska Drinking Water Revolving Fund.

 

Vice-President Buschkoetter asked how optimistic Mr. Miller was about being more satisfied with the results of a re-bid. Mr. Miller replied he would be very optimistic because he was sure that at least one of the bidders would re-bid and they are trying to get some other bidders to look at the project. The timeline of the first bid was sufficient, but this is a very specialized project.  Most of these bidders come from larger metropolitan areas because there are not many SCADA systems in the community.  Of the two bids received, one was from Lincoln and the other was from Shawnee Mission, Kansas. The condition on the low bid was they would not be using the programmer that the City had requested in the specifications because of his past experience with our system.  Since the bidder did not include what was asked, he asked that his bid not be considered.

 

Moved by Buschkoetter seconded by Kearney to approve the bids received for the Northwest Well Field Improvements – Phase III (Water Conditioning Facility and Control System) and approve Resolution No. 2007-208 awarding the bid to Eriksen Construction from Blair, Nebraska in the amount of $410,900.00 for the construction of the Water Conditioning Facility and rejecting the bids received for the Control System and authorize re-advertising the Control System. Roll call resulted as follows: Aye: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2007-208

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on September 12, 2007 at 2:00 p.m. for the Northwest Well Field Improvements – Phase III (Water Conditioning Facility and Control System); and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $518,000.00 for Bid A – Water Conditioning Facility and $301,500.00 for Bid B – SCADA Control System; and

WHEREAS, the said engineers have recommended the bid offered by Eriksen Construction from Blair, Nebraska be accepted as the lowest responsible bid for Bid A – Water Conditioning Facility.

WHEREAS, the said engineers have recommended the City reject all bids received for Bid B – SCADA Control System.

            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 Eriksen Construction from Blair, Nebraska be and is the lowest responsible bidder for the Bid A – Water Conditioning Facility to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Eriksen Construction in the sum of $410,900.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for Bid A – Water Conditioning Facility in the amount of $518,000.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED that the Engineers recommendation is hereby accepted and approved, that the bids received for Bid B – SCADA Control System be and are hereby rejected and that the City is hereby authorized and directed to make any necessary adjustments to the specifications and to advertise and receive bids for the Northwest Well Field Improvements – Phase III, Bid B – SCADA Control System.

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 for Bid A – Water Conditioning Facility.

            PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

AWARD BID FOR DASHER BOARDS FOR INLINE HOCKEY RINK AT APOLLO PARK

 

Vice-President Buschkoetter opened for discussion the bids received for the purchase and installation of dasher boards for an inline hockey rink to be located at Apollo Park from Premier Rinks, dba Athletica in the amount of $24,850.00 and to consider approval of Resolution No. 2007-209.

 

Recreation Superintendent Scott Hayden presented this matter to the Council. The Kearney Park and Recreation Department started an inline hockey program around 1995.  At that time, the Kearney Optimist Club sponsored and purchased a portable rink system call Border Patrol (1-foot high foam panels).  Over the years the concrete was repaired several times in order to keep the playing surface smooth.  However, due to continued concrete heaving and spawling, the Park & Rec Department deemed the surface unplayable and discontinued the program in 2006.

 

In the summer of 2006, Erika Moore approached City staff to see if there was something that the Ice Hockey Association could do to help. A plan was developed to put in permanent dasher boards and modular sport surfacing over the concrete.  The cost of the project would be $75,000-$80,000. Meetings were conducted with the Adult and Youth Ice Hockey Association to determine the need for inline hockey. Both Associations were very much in favor of the project as an inline hockey rink would supplement the ice hockey program nicely.  Inline leagues, camps, tournaments and open play could be conducted.  In December of 2006, the plan was presented to the Park and Recreation Advisory Board and the Board was in favor of the project.

 

The City of Kearney advertised for (1) the purchase and installation of inline hockey modular sport flooring, and (2) the purchase and installation of inline hockey dasher boards for an inline hockey rink at Apollo Park.  The City received the following bids:

 

Bidder	Sport Flooring	Dasher Board
Mataflex Utica, NY	$29,900.00	$40,500.00
Sport Court of Nebraska Omaha, NE	$43,927.00	No Bid
Becker Arena Products Burnsville, MN	$44,425.00	$45,950.00
Premier Rinks, dba Athletica Minneapolis, MN	No Bid	$24,850.00

 

Staff continues to evaluate the bids received for the sport flooring and will come back at a later date with a recommendation.

 

The Apollo Park Inline Hockey Committee has raised $40,000.00 for this project that will be put towards the dasher boards, flooring, and other amenities (signs, benches). The City of Kearney will spend up to $30,000 from the Park Development Fund and $10,000 from City Sales Tax.

 

They gave the bidders the option to use sports net or chain link and the low bidder chose netting which was even lower than they anticipated.  Mataflex is a company that he is familiar with and has some good references.  The dasher boards take about six weeks to get here and the sports flooring takes about 3-4 weeks, so they will arrive at approximately the same time even with the extra time to do the research on the flooring. The installation will have to be coordinated and their goal is to have it installed before the snow starts falling.

 

Erika Moore, who spearheaded the project from the In-line Hockey committee was unable to attend this meeting, but sent a letter to be read.  She worked very hard these past five months in raising $40,000.00 which is no small task.  She was looking forward to announcing that amount and that the fund raising effort was an amazing process.  She was staggered by how many people and businesses in the Kearney area rallied around a City and private project that will directly impact the youth of our community, as well as offer an opportunity for general fitness to the entire community.  Now that they have reached this $40,000.00 goal, she is hopeful that the City will match these funds in turn as previously discussed.  They will then be able to move forward with the rink set up.  She expressed her thanks to staff and the Council and is looking forward to the next phase of completion.  This will add a whole new dimension to recreation and programming.  It will be another attraction to the City of Kearney.  Their fund raising efforts are largely through sponsorships that will go on the dasher boards and the Optimist Club that also gave a significant portion to the funding.

 

Moved by Kearney seconded by Lammers to approve the bids received for the purchase and installation of dasher boards for an inline hockey rink to be located at Apollo Park from Premier Rinks, dba Athletica in the amount of $24,850.00 and approve Resolution No. 2007-209. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney, Lear. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2007-209

 

            WHEREAS, the City of Kearney has reviewed the sealed bids which were opened on September 18, 2007 at 2:00 p.m. for the purchase and installation of dasher boards for an inline hockey rink to be located at Apollo Park; and

WHEREAS, City staff has recommended the bid offered by Premier Rinks, dba Athletica from Minneapolis, Minnesota be accepted as the lowest responsible bid for the purchase and installation of dasher boards for an inline hockey rink to be located at Apollo Park.

            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 Premier Rinks, dba Athletica from Minneapolis, Minnesota be and is the lowest responsible bidder for the purchase and installation of dasher boards for an inline hockey rink to be located at Apollo Park to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Premier Rinks, dba Athletica in the sum of $24,850.00 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 for the purchase and installation of dasher boards for an inline hockey rink to be located at Apollo Park.

            PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

AGREEMENT FOR SALE ROUTES TO SCHOOL PROGRAM

 

Vice-President Buschkoetter opened for discussion the Agreement between the City of Kearney and the Nebraska Department of Roads for the construction of 50 blocks of sidewalks in the Kenwood Elementary area and to place digital speed readers at the intersection of 5th Avenue and 11th Street in connection with the Safe Routes to School Program and to consider approval of Resolution No. 2007-210.

 

Assistant to the City Manager Amber Brown presented this matter to the Council. The City of Kearney, Nebraska has received a $250,000 grant for Kearney’s Kids Safe Trek to School from the Nebraska Department of Roads Safe Routes to School Program.   Funds in the amount of $400,756 will be invested in the Kenwood Elementary enrollment area.

 

This project consists of two components, infrastructure and non-infrastructure.  Infrastructure improvements will create 50 blocks of new sidewalks to fill gaps in the Kenwood area and place digital speed readers at the intersection of 5th Avenue and 11th Street. The non-infrastructure component will include increased patrols by Kearney Police and CSO crossing assistance in the spring and fall, and 2 school assemblies and a safe routes map to educate students on the best way to walk or bike to school.  UNK will assist in collecting pre-and post- data.  The education component will begin this fall, and construction is expected to occur next spring, with a projected project completion of December, 2008.

 

Of the total cost of the project, $400,756, the City of Kearney will contribute $143,806 in cash.  An in-kind match of $6,950 will also be contributed by the City of Kearney, consisting of salaries for additional law enforcement, publications, map development and printing, and data collection and assessment. The City of Kearney will advertise for Request for Proposals for design in October, 2007.  Request for proposals for construction will be advertised in December, 2007.

 

Moved by Lammers seconded by Lear to approve the Agreement between the City of Kearney and the Nebraska Department of Roads for the construction of 50 blocks of sidewalks in the Kenwood Elementary area and to place digital speed readers at the intersection of 5th Avenue and 11th Street in connection with the Safe Routes to School Program and approve Resolution No. 2007-210. Roll call resulted as follows: Aye: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. Motion carried.

 

RESOLUTION NO. 2007-210

 

            WHEREAS, the City of Kearney, Nebraska wishes to enter into an Agreement with the State of Nebraska Department of Roads to construct 50 blocks of new sidewalks to fill gaps in the Kenwood Elementary area and place digital speed readers at the intersection of 5th Avenue and 11th Street with funds made available through STP Safe Routes Program funds; and

            WHEREAS, the federal share payable shall be a maximum of $250,000.00; and

            WHEREAS, the City of Kearney, Nebraska has committed to in-kind donation in the amount of $6,950.00 and additional local funding of approximately $143,806.00.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the City of Kearney enter into an Agreement with the State of Nebraska Department of Roads for the construction of 50 blocks of new sidewalks to fill gaps in the Kenwood Elementary area and place digital speed readers at the intersection of 5th Avenue and 11th Street; that this project be constructed under the designation of Project Number SRTS-10(61), State Control No. 42524, and that the terms and conditions as contained in the Agreement with the Nebraska Department of Roads are hereby approved and that the Vice-President of the Council is hereby authorized to execute said Agreement, marked as Exhibit A, attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

ORDINANCE NO. 7371 – ANNEXATION OF NRD PROPERTY

 

Vice-President Buschkoetter stated that Section 16-404 of the Nebraska Revised Statutes provides ordinances of a general or permanent nature shall be read by title on three different days unless three-fourths of the council members vote to suspend this requirement.  However, such requirement shall not be suspended for any ordinance for the annexation of territory.  Therefore, the title of Ordinance No. 7371 shall be read on three different days. The first reading took place on August 28, 2007. 

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7371 to extend the boundaries and include with the corporate limits of, and to annex to the City of Kearney, Nebraska, 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, more particularly described as follows: Referring to the southeast corner of the Northeast Quarter of said Section 24 and assuming the east line of said Northeast Quarter as bearing north and all bearings contained herein are relative thereto; thence north on the aforesaid east line a distance of 770.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing north on the aforedescribed course a distance of 232.16 feet; thence S89°59’W and parallel with the south line of the Northeast Quarter of said section a distance of 196.0 feet; thence N51°03’37”W a distance of 1864.08 feet to the point of curvature; thence on a 5754.58 foot radius curve to the left forming a central angle of 02°39’48” a distance of 267.5 feet; thence leaving said curve non-tangent S00°08’09”W parallel with and 785.0 feet easterly of the west line of said Northeast Quarter a distance of 1889.48 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 631.26 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 448.0 feet to a point on the south line of said Northeast Quarter; thence N89°59’E and on the aforesaid south line a distance of 150.0 feet; thence north parallel with the east line of said Northeast Quarter a distance of 530.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 731.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 240.0 feet; thence N89°59’E and parallel with the south line of said Northeast quarter a distance of 350.0 feet to the place of beginning.  Containing 46.921 acres, more or less, of which 0.176 acres, more or less, are presently being used for road purposes on the east side.  Subject to, however, a 60.0 foot strip of land which is to be reserved for future ingress-egress easement purposes with said 60.0 foot strip of land being more particularly described as follows:  Referring to the southeast corner of the Northeast Quarter of said Section 24; thence S89°59”W and on the south line of said Northeast Quarter a distance of 1081.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing S89°59’W and on the aforesaid south line a distance of 150.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 60.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 150.0 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 60.0 feet to the place of beginning, all located in Buffalo County, Nebraska be placed on second reading and that the ordinance be read by title on three different days. Vice-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: Buschkoetter, Kearney, Lear, Lammers. Nay: None. Clouse absent. City Clerk read Ordinance No. 7371 by title only.

 

ORDINANCE NO. 7384 – ANNEXATION OF 5.88 ACRES ADJACENT TO WASTEWATER TREATMENT PLANT

 

Vice-President Buschkoetter stated that because of the annexation of this area, the title of Ordinance No. 7384 shall be read on three different days.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7384 to extend the boundaries and include with the corporate limits of, and to annex to the City of Kearney, Nebraska, a tract of land being part of accretion abutting Government Lot 6 on the south and located in the Southeast Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northeast corner of Government Lot 7 in said Section 8 and assuming the east line of said Government Lot 7 as bearing S00°10”49”W and all bearings contained herein are relative thereto; thence S00°10’49”W and on said east line a distance of 849.57 feet; thence S82°52’34”W a distance of 1877.45 feet to the actual place of beginning; thence S82°52’34”W continuing on the aforesaid line a distance of 452.0 feet; thence S00°10’49”W parallel to said east line a distance of 637.23 feet to the centerline of the North Channel of the Platte River; thence N48°59’35”E on said centerline a distance of 21.56 feet; thence N42°06’13”E continuing on said centerline a distance of  95.81 feet; thence N66°20’07”E a distance of 32.48 feet; thence N85°11’36”E a distance of 160.63 feet; thence S87°30’32”E a distance of 178.5 feet; thence leaving said centerline N00°10”19”E parallel with said east line a distance of 598.32 feet to the place of  beginning, containing 5.88 acres, more or less, all located in Buffalo County, Nebraska be placed on first reading and that the ordinance be read by title on three different days. Vice-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: Buschkoetter, Lear, Lammers, Kearney. Nay: None. Clouse absent. Motion carried. City Clerk read Ordinance No. 7384 by title only.

 

OPEN ACCOUNT CLAIMS: PLATTE VALLEY STATE BANK - $41,529.42, NPPD - $93,603.68

 

Moved by Kearney seconded by Lammers that Open Account Claims in the amount of $41,529.42 payable to Platte Valley State Bank, and in the amount of $93,603.68 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse absent and Lear abstained. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Lear seconded by Buschkoetter that Council adjourn at 7:38 p.m. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney, Lear. Nay: None. Clouse absent. Motion carried.

 

                                                                                    RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK