Kearney, Nebraska
October 14, 2003
7:30 p.m.
A meeting
of the City Council of Kearney, Nebraska, was convened in open and public
session at 7:30 p.m. on October 14, 2003, in the Council Chambers at City
Hall. Present were: Bruce L. Blankenship, President of the Council;
Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Stan Clouse,
Galen Hadley, Don Kearney. Absent: None. G. Allen Johnson, City
Manager; Michael Kelley, City Attorney; John Prescott, Assistant City Manager;
Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director
of Utilities; and Rod Wiederspan, Director of Public Works were also
present. Some of the citizens present in the audience included: Alex
Gangwish, Harold Gary, Dave Biehle, Marvon Reichert, Mitich Humphrey, Jolissa
May, Don Peterson, Cole Spresser from UNK Student Director of Community
Relations, 3 UNK Students.
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
Major Dale Hixenbaugh from the Salvation Army provided the
Invocation.
PLEDGE OF ALLEGIANCE
Boy Scout Logan Rall led the Council members and audience in
the Pledge of Allegiance.
ORAL COMMUNICATIONS
There was no Oral Communications.
II.
UNFINISHED BUSINESS
There was no Unfinished Business.
III.
PUBLIC HEARINGS
REZONING – WEST OF 600 LANDON
STREET; ALEX GANGWISH
Mayor Blankenship opened the public hearing on the Application
submitted by Mitch Humphrey (Applicant) for Alex Gangwish (Owner) to rezone
from “District AG, Agricultural District” to “District M-1, Limited Industrial
District” property described as part of Lot 3 and accretions located in Section
12, Township 8 North Range 16 West of the 6th P.M., containing 0.93 acres, more
or less, Buffalo County, Nebraska (west of 600 Landon Street). Planning
Commission recommended approval.
The applicant is requesting rezoning of a 0.93 acre tract of
land located west of Gangwish Turf Farms. The rezoning request is from District
Ag, Agricultural to District M-1, Limited Industrial. The Land Use Map of the
City of Kearney Comprehensive Development Plan shows the proposed land use in
this area as “Mixed Use 3,” a mixed use category that allows limited industrial
uses.
There is an existing building on this tract that is being
used for storage of construction materials which is not an agricultural use.
Therefore, the applicant wishes to rezone the parcel to M-1 which allows for
the use. The rezoning request matches the existing and proposed use of the
property. A subdivision is not being requested at this time.
Mitch Humphrey from Buffalo Surveying presented this matter
to the Council. This tract if land is located past the present location of land
and street. It is shy of one acre, which has an existing building on
it. The request is to rezone this tract of land to allow for conformity
to the zoning ordinance in the area.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Clouse to close the hearing and
approve the Application submitted by Mitch Humphrey (Applicant) for Alex
Gangwish (Owner) to rezone from “District AG, Agricultural District” to
“District M-1, Limited Industrial District” property described as part of Lot 3
and accretions located in Section 12, Township 8 North Range 16 West of the 6th
P.M., containing 0.93 acres, more or less, Buffalo County, Nebraska (west of
600 Landon Street). Roll call resulted as follows: Aye: Blankenship,
Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
FINAL PLAT – EASTBROOKE SIXTH
This public hearing and the next public hearing were
discussed together but voted on separately.
Mayor Blankenship opened the public hearing on the
Application submitted by Mitch Humphrey (Applicant) for C & C Development,
a Nebraska General Partnership, by and through P.C.L., Inc., General Partner,
Richard L. Poston, President (Owner) for final plat approval for “EASTBROOKE
SIXTH” property described as a tract of land being part of Government Lot 3
located in the West Half of the Southwest Quarter of Section 19, Township 9
North, Range 15 West of the 6th P.M., containing 5.91 acres, more or less, Buffalo
County, Nebraska (east of and adjacent to Avenue N and on either side of 63rd
Street, if extended) and to consider Resolution No. 2003-173. Planning
Commission recommended approval. Administration recommends approval subject to
conformance the design of the stormwater management facilities and utilities
shall be in conformance with the approved Public Works Plan and that no
Building Permits shall be issued until the stormwater cells are constructed and
operational.
The applicant is requesting approval of the final plat and
consideration for inclusion within the corporate boundaries of the City for a
5.91 acre tract to be known as Eastbrooke Sixth. This subdivision consists of
12 lots located east of Avenue N and along both sides of 63rd Street in a double
cul-de-sac arrangement. The property is zoned R-1.
Final Plat
The final plat consists of 12 lots on 5.91 acres. The
preliminary plat was approved when the property was rezoned on February 15,
2002. A Public Works Plan was also submitted and accepted at that time. Design
of the stormwater management facilities and utilities shall be in conformance
with the approved Public Works Plan. No Building Permits shall be issued until
the stormwater cells are constructed and operational.
Annexation
The proposed subdivision is located adjacent to the city
limits and all municipal services are available. Therefore, if the platting is
approved, the property should be annexed into the corporate boundary of the
City of Kearney.
Mitch Humphrey presented this matter to the Council. This is
the next phase of the Eastbrooke Subdivision which consists of 12 lots.
This is the northwesterly corner of the quarter section where Eastbrooke is
located. This is approximately one half mile north of the intersection of
56th Street and Avenue N. This annexation will complete the corner of the
subdivision and in essence is as far as the Eastbrooke Subdivision will go
because they will expand to the east in the future.
Council member Kearney asked why the cul-de-sacs in this
subdivision were named “Avenue O Place” when there is an Avenue O? Director of
Public Works Rod Wiederspan explained that approximately 15 years ago, they got
together with law enforcement as far as what the proper names of the streets
should be regarding 911. By putting “place” on the end of an address, it
would identify that address as a cul-de-sac or a dead end street. The
City went back and added “place” to a number of the cul-de-sacs at that time.
There was no one present in opposition to this hearing.
Moved by Clouse seconded by Hadley to close the hearing and
approve the Application submitted by Mitch Humphrey (Applicant) for C & C
Development, a Nebraska General Partnership, by and through P.C.L., Inc.,
General Partner, Richard L. Poston, President (Owner) for final plat approval
for “EASTBROOKE SIXTH” property described as a tract of land being part of
Government Lot 3 located in the West Half of the Southwest Quarter of Section
19, Township 9 North, Range 15 West of the 6th P.M., containing 5.91 acres,
more or less, Buffalo County, Nebraska (east of and adjacent to Avenue N and on
either side of 63rd Street, if extended) and approve Resolution No. 2003-173
subject to conformance that the design of the stormwater management facilities
and utilities shall be in conformance with the approved Public Works Plan and
that no Building Permits shall be issued until the stormwater cells are
constructed and operational. Roll call resulted as follows: Aye: Blankenship,
Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.
RESOLUTION
NO. 2003-173
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “EASTBROOKE SIXTH”, an addition to the City of Kearney, Buffalo
County, Nebraska, duly made out, acknowledged and certified, and the same
hereby is approved and in accordance with the provisions and requirements of
Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and
recorded in the Office of the Register of Deeds of Buffalo County, Nebraska;
said addition is hereby included within the corporate limits of said City and
shall be and become a part of said City for all purposes whatsoever, and the
inhabits of such addition shall be entitled to all the rights and privileges
and shall be subject to all laws, ordinances, rules and regulations of said
City.
BE IT FURTHER RESOLVED that the design of the stormwater management facilities
and utilities shall be in conformance with the approved Public Works Plan and
that no Building Permits shall be issued until the stormwater cells are
constructed and operational.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the final plat on behalf of the City of
Kearney, Nebraska.
PASSED AND APPROVED THIS 14TH DAY OF OCTOBER,
2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
EASTBROOKE SIXTH – INCLUSION TO
CORPORATE BOUNDARY
Mayor Blankenship opened the public hearing on the
Application submitted by Mitch Humphrey (Applicant) for C & C Development,
a Nebraska General Partnership, by and through P.C.L., Inc., General Partner,
Richard L. Poston, President (Owner) for the inclusion of “EASTBROOKE SIXTH”
within the corporate boundaries of the City of Kearney said property described
as a tract of land being part of Government Lot 3 located in the West Half of
the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th
P.M., containing 5.91 acres, more or less, Buffalo County, Nebraska (east of
and adjacent to Avenue N and on either side of 63rd Street, if extended) and to
consider Resolution No. 2003-174. Planning Commission recommended approval.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Buschkoetter to close the
hearing and approve the Application submitted by Mitch Humphrey (Applicant) for
C & C Development, a Nebraska General Partnership, by and through P.C.L.,
Inc., General Partner, Richard L. Poston, President (Owner) for the inclusion
of “EASTBROOKE SIXTH” within the corporate boundaries of the City of Kearney
said property described as a tract of land being part of Government Lot 3
located in the West Half of the Southwest Quarter of Section 19, Township 9
North, Range 15 West of the 6th P.M., containing 5.91 acres, more or less,
Buffalo County, Nebraska (east of and adjacent to Avenue N and on either side
of 63rd Street, if extended) and approve Resolution No. 2003-174. Roll call
resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried.
RESOLUTION
NO. 2003-174
WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for C
& C Development, a Nebraska General Partnership, by and through P.C.L., Inc.,
General Partner, Richard L. Poston, President (Owner) for the inclusion of
“EASTBROOKE SIXTH” within the corporate boundaries of the City of Kearney said
property described as a tract of land being part of Government Lot 3 located in
the West Half of the Southwest Quarter of Section 19, Township 9 North, Range
15 West of the 6th P.M., Buffalo County, Nebraska, more particularly described
as follows: Beginning at the northwest corner of Government Lot 3 and
assuming the north line of said Government Lot 3 and assuming the north line of
said Government Lot 3 as bearing S89º57’37”E and all bearings contained herein
are relative thereto; thence S89º57’37”E and on the aforesaid north line a
distance of 380.0 feet to the northwest corner of Lot 4, Block 1, Eastbrooke
Third, an addition to the City of Kearney, Buffalo County, Nebraska; thence
SOUTH on the west line of said Eastbrooke Third a distance of 677.78 feet to
the northeast corner of Lot 2, Eastbrooke Fourth, an addition to the City of
Kearney, Buffalo County, Nebraska, thence WEST on the north line of said
Eastbrooke Fourth a distance of 380.0 feet to the west line of Government Lot 3
of said Section 19, said point also being the northwest corner of said
Eastbrooke Fourth; thence NORTH on the west line of said Government Lot 3 a
distance of 678.04 feet to the place of beginning, containing 5.91 acres, more
or less, of which 0.51 acres, more or less, are presently being used for road
purposes on the west side, all located in Buffalo County, Nebraska (east of and
adjacent to Avenue N and on either side of 63rd Street, if extended); and
WHEREAS, the Kearney City Planning
Commission has received and held a public hearing on October 1, 2003 on the
inclusion of “EASTBROOKE SIXTH” within the corporate limits and recommended the
Kearney City Council approve said application; and
WHEREAS, said application to include the land within the corporate limits was
duly signed by the owners of the land affected with the express intent of
platting the land as “EASTBROOKE SIXTH” an addition to the City of Kearney,
Buffalo County, Nebraska;
WHEREAS, a public hearing was held by the Kearney City Council relating to said
application on October 14, 2003 who deemed the said addition to be included
within the corporate limits to be advantageous to and in the best interests of
the City.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the land to be platted as “EASTBROOKE SIXTH” shall be
included within the corporate limits of the City of Kearney, Buffalo County,
Nebraska, that the inhabitants of such addition shall be entitled to all the
rights and privileges, and shall be subject to all the laws, ordinances, rules
and regulations of the City of Kearney.
BE IT FURTHER RESOLVED that the inclusion of “EASTBROOKE SIXTH” within the
corporate limits of the City of Kearney is subject to the final plat being
filed with the Buffalo County Register of Deeds.
PASSED AND APPROVED THIS 14TH DAY OF OCTOBER, 2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY
CLERK
REZONING – SOUTH OF 56TH STREET,
WEST FROM HOEHNER ESTATES 3RD ADDITION, NORTH OF WELLINGTON GREENS AND NORTH OF
NORTH BY NORTHWEST ADDITION
Mayor Blankenship stated that public hearings 4, 5 and 6
pertain to the development of North Park Addition which development is located
south of 56th Street, west from Hoehner Estates 3rd Addition, north of
Wellington Greens and north of North by Northwest Addition will be tabled until
October 28, 2003 in order for the developer to resolve a number of issues
brought before the Planning Commission.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Blankenship to table until
October 28, 2003 the Application submitted by David Starostka (Applicant) for
Denton Charitable Remainder Unitrust (Owner) to rezone from “District AG,
Agricultural District” to “District R-1, Urban Residential Single-Family (Low
Density) District” property described as being part of the Northeast Quarter of
Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 13.07
acres, more or less, Buffalo County, Nebraska (south of 56th Street, west from
Hoehner Estates 3rd Addition, north of Wellington Greens and north of North by
Northwest Addition). Roll call resulted as follows: Aye:
Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None.
Motion carried.
FINAL PLAT – NORTH PARK
Moved by Buschkoetter seconded by Blankenship to table until
October 28, 2003 the Application submitted by Ron Ridgway (Applicant) for
Denton Charitable Remainder Unitrust (Owner) for final plat approval for “NORTH
PARK” property described as being part of the Northeast Quarter of Section 27,
Township 9 North, Range 16 West of the 6th P.M., containing 13.07 acres, more
or less, Buffalo County, Nebraska (south of 56th Street, west from Hoehner
Estates 3rd Addition, north of Wellington Greens and north of North by
Northwest Addition). Roll call resulted as follows: Aye:
Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None.
Motion carried.
NORTH PARK – INCLUSION TO
CORPORATE BOUNDARY
Moved by Buschkoetter seconded by Blankenship to table until
October 28, 2003 the Application submitted by Ron Ridgway (Applicant) for
Denton Charitable Remainder Unitrust (Owner) for the inclusion of “NORTH PARK”
within the corporate boundaries of the City of Kearney said property described
as being part of the Northeast Quarter of Section 27, Township 9 North, Range
16 West of the 6th P.M., containing 13.07 acres, more or less, Buffalo County,
Nebraska (south of 56th Street, west from Hoehner Estates 3rd Addition, north
of Wellington Greens and north of North by Northwest Addition). Roll call
resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse,
Kearney. Nay: None. Motion carried.
REZONING - SOUTH OF 56TH STREET
LYING WEST OF NORTHRIDGE RETIREMENT SUBDIVISION
Mayor Blankenship stated that public hearings 7 and 8
pertain to the development of North Park Second which property is located south
of 56th Street lying west of Northridge Retirement Subdivision. Since the
Planning Commission did not have a quorum on September 19, 2003, their meeting
was held on October 1, 2003. The Planning Commission continued this matter
until their next meeting to be held on October 17th. Because of the publication
requirements, the City advertised this development not knowing whether or not
it would come before the Council for October 14th.
Moved by Blankenship seconded by Kearney to table until
November 11, 2003 the Application submitted by David Starostka (Applicant) for
Denton Charitable Remainder Unitrust (Owner) to rezone from “District AG,
Agricultural District” to “District R-3, Urban Residential Multi-Family (Medium
Density) District” property described as a tract of land being part of the
Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th
P.M., containing 15.34 acres, more or less, Buffalo County, Nebraska (south of
56th Street lying west of Northridge Retirement Subdivision). Roll call
resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried.
FINAL PLAT – NORTH PARK SECOND
Moved by Blankenship seconded by Kearney to table until
November 11, 2003 the Application submitted by Ron Ridgway (Applicant) for
Denton Charitable Remainder Unitrust (Owner) for final plat approval for “NORTH
PARK SECOND” property described as a tract of land being part of the Northeast
Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M.,
containing 15.34 acres, more or less, Buffalo County, Nebraska (south of 56th
Street lying west of Northridge Retirement Subdivision). Roll call
resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried.
IV.
CONSENT AGENDA
Moved by Kearney seconded by Clouse that Subsections 1
through 12 of Consent Agenda Item IV be approved. Roll call resulted as
follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.
Nay: None. Motion carried.
1.
Approve Minutes of Regular Meeting held September 23, 2003.
2.
A Affordable Travel $35.00 Tr; Ace Hardware $64.98 Various; Advance Auto Parts
$20.72 Rep; AFLAC $1,655.68 Ded; Air Midway $203.47 Serv; Albert Whitman
$155.59 Bks; Allied Electronics $89.48 Rep; Alltel $2,312.92 Serv; Amazon.Com
$51.96 Bks; Amer Electric $1,422.70 Various; Amer Institute of Small Business
$217.80 Bks; Americinn of Sidney $121.00 Tr; Anderson Outdoor Power $202.09
Various; Appliance Service Center $748.00 Equip; Artic Refrigeration $224.61
Su; Ask Supply $139.27 Inv; Authorized Appliance Parts $9.48 Equip; Auto Glass
Center $603.93 Inv; Bacom, K $10.00 Reim; Baker & Taylor $2,495.41 Bks;
Bamford $9,300.00 Rep; Barco Mun. Products $970.44 Equip; BBC Audiobooks $8.00
Bks; BD Const. $29,335.43 Serv; Bear Frame/Alignment $83.95 Inv; Becker, G
$16.00 Su; Benefits Source $1,809.00 Serv; Bennett, T $1,188.00 Serv; Best
Access Systems $898.66 Inv; Better Containers Mfg $375.70 Equip; Blessing
$227,024.46 Serv; Blue Cross Blue Shield $112,554.25 Claims; Bob's Super Store
$46.40 Su; Bob's Total Service $46.50 Rep; Boersma, C $20.00 Su; Bogard, M
$189.75 Tr; Books on Tape $532.80 Bks; Bosselman Oil $9,515.40 Inv; Bound to
Stay Bound Books $1,958.89 Bks; Briggs $57.75 Rep; Buffalo Air Service
$3,525.00 Su; Buffalo Co Development Council $62,394.14 Econ Dev; Buffalo Co
District Court $129.00 Ded; Buffalo Co Register of Deeds $10.50 Serv; Buffalo
Co Court $312.45 Ded; Buffalo Surveying $298.00 Serv; Builders Warehouse
$2,269.37 Various; Cabela's Retail $249.99 Su; Call One $371.03 Equip; Canada
Life Assurace $3,979.88 Various; Capstone Press $2,280.65 Bks; Cash Wa
$1,913.32 Various; CDW Gov $364.89 Su; CED Ent $57.92 Su; Central Auto Elec
$31.92 Inv; Central Electronics $14.80 Rep; Central Fire $55.15 Inv; Central
Hydraulic System $607.95 Inv; Central NE Bobcat $363.53 Inv; CHAD $4.00 Ded;
Charter $43.55 Serv; Charter Media $400.00 Serv; Charter Paging $21.92 Serv;
Chesterman $1,746.67 Su; City of Ky $115,090.91 Various; Civic Plus $5,340.00
Serv; Clark Enersen Partners $10,910.94 Serv; Cold Spring Granite $86.40 Su;
College Savings Plan of NE $245.00 Ded; Comfort Inns $234.16 Tr; Compass Point
Bks $358.20 Bks; Complete Music $200.00 Serv; Computer Warehouse #4 $23.96 Su;
Conseco Life Ins $38.00 Ded; Consolidated Electric $111.61 Rep; Construction
Rental $488.56 Various; Copycat Printing $482.25 Various; Corp Diversified
Services $9,468.14 Ded; CPR Savers & First Aid $98.49 Su; Crossroads Ford
$229.80 Inv; Culligan $248.15 Various; Cummins Great Plains $403.10 Inv;
Dannehl's Feed $61.15 Su; Data Technology $3,410.00 Serv; Dawson Co PPD
$22,693.43 Serv; Debban, T $20.00 Reim; Dell $3,756.00 Various; Depository
Trust $72,962.50 Int; Dept of Labor $636.00 Unemp; DH Pace Comm Const $353.00
Su; Diamond Vogel Paints $336.16 Inv; Discs Unlimited $113.07 Su; DM Security
$54.00 Serv; Dominion Const $6,236.98 Serv; Double M Farms $2,000.00 Serv;
Dreyer, D $204.25 Tr; Dynix $14,931.68 Bks; E&S Tools $500.00 Tools; Eakes
$244.19 Various; Earl May $5.31 Su; Ecolab $26.00 Su; Embassy Suites $146.94
Tr; Expression Wear $553.90 Various; Fairbanks Int'l $4,162.69 Various; Farm
Plan $74.85 Lease; Farmers Union Coop $453.49 Su; Fastenal $194.90 Inv;
Fiddelke Htg $90.78 Rep; Fowler, L $126.99 Tools; Fox Bros Hay $3,000.00 Serv;
Fremont Nat'l Bank $32,292.65 Ded; Frontier $16,110.09 Serv; Gangwish Turf
$27.11 Various; Gas N Shop $5.96 Su; Gaylord Bros Library $142.87 Su; Gear for
Sports $3,146.53 Inv; Glazier, R $14.87 Tr; Global Equipment $990.73 Su; Global
Pub Service $52.00 Rep; Golden Nugget Hotel $239.76 Tr; Golf Course
Superintendent $500.00 Dues; Golfsmith Int'l $35.20 Su; Graham Tire $151.72
Various; Grainger $735.90 Su; H&H Dist $149.00 Su; Hampton Inns $174.05 Tr;
Handspring $33.49 Su; Harrison, R $278.81 Tr; Heartland Marketing $189.66 Inv;
Heartland Transmission $200.00 Inv; Hobby Lobby $17.41 Su; Holiday Inn $942.15
Rep; Holiday Inn Downtown $510.40 Tr; Holmes Plbg $1,709.67 Various; Hydrologic
Water Mgt $438.02 Rep; ICMA $558.00 Reg; ICMA RC $2,459.19 Ded; Int Society of
Fire Svc $150.00 Dues; IRS $74,987.66 Ded; Interstate Structures $190,780.99
Serv; ISDN $14.95 Serv; Jack Lederman $75.05 Rep; Jeff Spady Chrysler $69.12
Inv; Johnson Lawn & Landscape $930.96 Equip; Johnson Service $1,552.50
Serv; Johnson, A $596.56 Tr; K&K Parts $419.63 Inv; K Mart $72.44 Various;
Ky Area Chamber of Commerce $51,317.99 Taxes; Ky Area Solid Waste $67,782.54
Tipping Fees; Ky Area United Way $557.58 Ded; Ky Clinic $133.00 Serv; Ky
Concrete $14,869.16 Serv; Ky Crete $409.41 Serv; Ky Cycling & Fitness $7.98
Inv; Ky Glass $16.78 Su; Ky Hub $6,281.90 Serv; Ky Implement $2,066.02 Various;
Ky Warehouse $1,014.43 Various; Ky Winlectric $984.67 Various; Ky Yamaha $83.52
Various; Kelly Electric $29.59 Rep; Kelly Supply $1,085.23 Inv; Kewanna Screen
Printing $138.63 Containers; KHGI TV $250.00 Serv; Killion Motors $908.08
Various; Kinko's $2.40 Su; Kirkham Michael $2,450.00 Serv; Klaus, M $47.30 Tr;
Kuykendall, J $48.30 Tr; L&W Tires $2,590.25 Various; Lab Safety Supply
$54.04 Inv; Lakeland Eng $601.64 Su; Lang, L $221.42 Tr; Laser Art Design
$206.20 Su; Laughlin, K $254.00 Ded; Lawyers Weekly Publication $179.00 Bks;
League of NE Municipalities $32,966.00 Dues; Lerner Group $1,663.55 Bks; Lied
Lodge $172.99 Tr; Lindner, S $48.30 Tr; Linweld $37.41 Various; Little Caesar's
Pizza $49.53 Various; Lockton $12,300.00 Prem; Logan Contractors $1,497.58 Su;
Lorman Education $299.00 Tr; LTs Brokerage $657.45 Serv; Lynch, D $259.06 Tr;
Mail Express $17.59 Serv; Manhattan Hampton Inn $67.89 Tr; Marchand, M $147.40
Tr; Marina Inn $130.00 Tr; Marshall Cavendish $612.55 Bks; Martinosky, M $50.00
Reim; McKibben, C $87.45 Tr; McLaughlin, S $200.00 Ins; Microtechnologies
$268.50 Equip; Mid America Pay Phones $200.00 Serv; Midlands Contracting
$4,050.00 Rep; Midstates Units $200.00 Equip; Midtown Communications $72.00
Serv; Midwest Turf $1,118.97 Various; Milco Env Svcs $803.63 Serv; Miller &
Associates $32,181.53 Serv; Mitchell 1 $1,203.30 Renewal; Mosbarger, B $200.00
Ins; Mr. Automotive $1,104.17 Various; Municipal Supply $3,527.48 Various; NAPA
All Makes Auto $1,096.61 Various; Nat'l Alliance for Youth Sports $140.00
Certifications; Nat'l Paper Supply $62.74 Su; Nat'l Waterworks $1,800.54
Various; NE Child Support $978.49 Ded; NE Dept of Revenue $70,931.09 Taxes; NE
Recreation & Park Assoc $150.00 Dues; NE Machinery $44.80 Inv; NE Golf
Assoc $773.74 Dues; NE Humanities Council $50.00 Su; NE Liquor Control $45.00
Fee; NE Municipal Clerks Assoc $30.00 Dues; NE Peterbilt Ford $601.54 Inv; NE
Salt & Grain $26,337.77 Su; NE Statewide Arboretum $125.00 Dues; NE Truck
Center $353.78 Various; NEland Distribution $300.00 Su; Newman Signs $34.65
Inv; NMVCA $230.00 Tr; Nogg Chemical & Paper $192.36 Inv; Northwest
Electric $250.03 Rep; Northwestern Energy $299.99 Serv; Office Max $1,563.56
Various; O'Keefe Elevator $1,016.86 Serv; Omaha World Herald $52.00 Dues;
O'Reilly $302.06 Various; Orscheln Farm $247.01 Various; Overhead Door $487.00
Rep; Paradigm Insurance $16,924.62 Prem; Patterson, B $377.17 Various; Paul
Otto Curb Grinding $117.00 Serv; PCAN $50.00 Dues; PEP $47.25 Rep; Petro of
York $27.00 Tr; Pitney Bowes $149.52 Serv; Platte Valley Comm $1,013.84 Serv;
Powderhorn $215.69 Su; Preferred Mail $56.54 Serv; Prescott, J $161.40 Tr; Presto
Sales $812.00 Su; Presto X $128.00 Rep; Priority Mgt $16.75 Su; Publishers
Education $48.00 Su; Pump & Pantry $34.70 Su; Quality Books $14.70 Bks;
Quinlan Publication $82.97 Dues; R&R Mini Mart $2,217.73 Su; Radio Shack
$59.98 Su; Rainbow Flume $6,900.00 Rep; Ready Mixed Concrete $7,011.99 Su;
Reams Sprinkler $3,021.11 Rep; Recognition Unlimited $111.55 Various; Recorded
Books $768.00 Bks; Regional Books $857.89 Bks; Reliable Office Supplies $88.23
Su; Reserve Account $8,000.00 Pstg; Ricks Sod Farm $1,236.40 Su; Rochford, W
$16,201.21 Reim; SA Foster $115.92 Su; Saathoff, J $48.30 Tr; Sage, P $51.57
Inv; Sahling Kenworth $874.89 Inv; San Diego Paradise Point $395.78 Tr;
Schanou, J $549.45 Tr; Schmitt, J $51.75 Tr; Scholastic Library $606.60 Bks;
School Dist #7 $2,119.60 Fee; Schwan's Home Service $703.66 Su; Schweiss
$204.47 Rep; Sears $59.99 Su; See Clear Cleaning $1,950.00 Serv; Shamberg, Wolf
$3,766.62 Serv; Shell Oil $27.90 Su; Sherwin Williams $226.33 Various;
Southwest Air $108.50 Tr; Sprint $30.99 Serv; Senior Hospitality Center
$6,337.00 Funding; State of NE DAS Comm $26.66 Serv; State of NE Dept of
Aeronautics $370.00 Loan; State of NE HHS Lab $1,472.00 Serv; Steffensmeier, J
$392.54 Tr; Steinbrinks Landscaping $96.90 Su; Sun Turf $146.43 Inv; Super Shine
$15.50 Rep; Tailor Bill's $114.90 Serv; Target $81.74 Various; Theis, G $28.80
Pc; Thomas, P $194.82 Tr; Thompson, L $75.00 Rep; Thompson, K $189.75 Tr;
Titleist Drawer $2,314.06 Inv; TLG $5.79 Su; Tollefsen Elliott $205.81 Various;
Tractor-Supply $755.66 Various; Tracy, K $167.30 Tr; Trembly, M $151.34 Tr; U
Save Foods $342.77 Various; UAP Pueblo $51.65 Su; UNICO Group $3,351.00 Prem;
United Air $560.00 Tr; United Contractors $318,403.59 Serv; United Distillers
$139.94 Su; United Seeds $933.50 Su; UPS $26.27 Various; USPS $23.25 Serv; UW
Extension Cashier $100.00 Su; Van Diest Supply $454.75 Su; Viking Office
Products $64.94 Su; Village Cleaners $132.88 Rep; Visionary Systems $495.00
Reg; Wagner Irrigation $698.60 Various; Walgreen's $16.26 Su; Walmart $2,700.82
Various; Warrington, D $241.25 Tr; Washington State Support $102.01 Ded;
Wiederspan, R $136.00 Tr; Wilke Donovans True Value $56.20 Various; Winfield
Concrete Leveling $866.00 Serv; Woodside, M $81.10 Tr; Xerox $1,067.67 Serv;
Yant Equipment $1,704.84 Rep; Yellow Pages $89.00 Serv; Payroll Ending
09-20-2003 -- $234,749.06; and Payroll Ending
10-04-2003 -- $251,041.21. 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 Change Order No. 1 for an increase in the amount of $124.76 submitted
by Interstate Structures and approved by Miller & Associates in connection
with the Law Enforcement Center Addition/Alterations and approve Resolution No.
2003-178.
RESOLUTION
NO. 2003-178
WHEREAS, Interstate Structures, Inc.
has performed services in connection with the additions and alterations to the
City of Kearney/Buffalo County Law Enforcement Center, and the City’s engineer,
Miller & Associates, have filed with the City Clerk Change Order No. 1
showing an increase in the amount of $124.76 as shown on Exhibit “A” attached
hereto and made a part hereof by reference.
Original
Contract Sum
|
$338,800.00
|
|
Change Order No. 1 (10-14-2003)
|
+
124.76
|
|
Contract Sum to Date
|
$338,924.76
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney,
Nebraska, and hereby find and determine that Change Order No. 1, as shown on
Exhibit “A” be and is hereby accepted and approved.
PASSED AND APPROVED THIS 14TH DAY OF OCTOBER, 2003.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
4.
Approve Change Order No. 2 for a decrease in the amount of $53,791.10, Application
and Certificate for Payment No. 8-Final in the amount of -$3,325.09, and the
Certificate of Substantial Completion submitted by Blessing LLC and approved by
Miller & Associates in connection with the 2002 Part III Improvements
consisting of Paving Improvement District No. 2001-865 for Kea West Avenue from
11th Street south a distance of 2777± feet, Paving Improvement District No.
2001-866 for 11th Street from 116 feet east of 17th Avenue to Kea West Avenue
and approve Resolution No. 2003-179.
RESOLUTION
NO. 2003-179
WHEREAS, Blessing, LLC has performed
services in connection with the 2002 Part III Improvements consisting of
Paving Improvement District No. 2001-865 for Kea West Avenue from 11th Street
south a distance of 2777± feet, Paving Improvement District No. 2001-866 for
11th Street from 116 feet east of 17th Avenue to Kea West Avenue, and the
City's engineer, Miller & Associates, have filed with the City Clerk Change
Order No. 2 showing a decrease in the amount of $53,791.10 to the contract sum
as shown on Exhibit “A” attached hereto and made a part hereof by reference;
and
WHEREAS, Blessing, LLC and the
City's engineer, Miller & Associates, have filed with the City Clerk,
Application and Certificate for Payment No. 8-Final in the amount of
($3,325.09) as shown on Exhibit “A” attached hereto and made a part hereof by
reference and as follows:
|
Original Contract Sum
|
$1,198,207.00
|
|
Change Order No. 1 (11-08-2002)
Change Order No. 2 (10-14-2003)
|
+ 9,236.00
- 53,791.10
|
|
Contract Sum To Date
|
1,153,651.90
|
|
Gross Amount Due
|
1,153,651.90
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
1,153,651.90
|
|
Less Previous Certificates for Payment
|
1,156,976.99
|
|
|
|
|
Current Payment Due Contractor
|
$ .00
|
|
|
|
|
Payment Due City from Contractor for Liquidated Damages
|
$3,325.09
|
|
|
|
WHEREAS, the Engineer and Contractor have now certified to the City Clerk that
work is completed as of October 18, 2002, as shown by Exhibit “C” 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, and hereby find and determine that Change Order No. 2, as
shown on Exhibit “A”, Application and Certificate for Payment No. 8-Final, as
shown on Exhibit “B”, and the Certificate of Substantial Completion, as shown
on Exhibit “C” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 14TH DAY OF OCTOBER, 2003.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
5.
Approve the “Agreement for the Establishment and Operation of the League
Association of Risk Manager under the Intergovernmental Risk Management Act and
the Interlocal Cooperation Act of the State of Nebraska” and approve Resolution
No. 2003-180.
RESOLUTION
NO. 2003-180
WHEREAS, the Nebraska Legislature created the Intergovernmental Risk Management
Act; and
WHEREAS, the League Association of Risk Management was established by
municipalities for the benefit of members’ citizens;
WHEREAS, the governing body of Kearney, Nebraska approved the document entitled
Agreement for the Formation of the League Association of Risk Management and
entered into the Agreement for participation in the League Association of Risk
Management Pool; and
WHEREAS, the attachments are
intended to update the Agreement to comply with the recommendations of the
Department of Insurance;
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that the attached amendments to the Agreement for the
Formation of the League Association of Risk Management (dated 10/1/2003)
are hereby adopted.
PASSED AND APPROVED THIS 14TH DAY OF OCTOBER, 2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY
CLERK
6.
Approve Resolution No. 2003-181 allowing the City of Kearney to obtain
contribution credits provided by the League Association of Risk Management and
to extend the City of Kearney’s participation in the League Association of Risk
Management through September 30, 2006.
RESOLUTION NO. 2003-181
WHEREAS, the League Association of
Risk Management was established by municipalities for the benefit of municipal
citizens; and
WHEREAS, the City of Kearney, Nebraska is a member of the League Association of
Risk Management (LARM) since July of 1995;
WHEREAS, the League Association of Risk Management Pool continues to provide
superior coverage and service at a savings to its members; and
WHEREAS, the City of Kearney wants to continue receiving superior coverage and
service at a savings through multi-year participation; and
WHEREAS, Section 8.10 of the Interlocal Agreement for the Establishment and
Operation of the League Association of Risk Management provides that a member
may voluntarily terminate its participation in LARM by written notice of
termination given to LARM and the Director of Insurance at least 90 days prior
to the desired termination date and that members may agree to extend the
required termination notice beyond 90 days in order to realize reduced excess
coverage costs, stability of contribution rates, and efficiency in operation of
LARM; and
WHEREAS, the Board of Directors of LARM has adopted a plan to provide
contribution credits in consideration of certain agreements by members of LARM
as provided in a letter dated October 1, 2003, marked Exhibit “A” 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 City of Kearney, Nebraska agrees to extend its
participation in the League Association of Risk Management through September
30, 2006.
BE IT FURTHER RESOLVED by the President and Council of the City of Kearney,
Nebraska that the governing body of Kearney, Nebraska, in consideration of the
contribution credits provided under the LARM Board’s plan, agrees to provide
written notice of termination at least 180 days prior to the desired
termination date, which date shall be no sooner than September 30, 2006.
PASSED AND APPROVED THIS 14TH DAY OF OCTOBER, 2003.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
7.
Approve the recommendation from the City Manager on the reappointment of Lorin
Downing to serve on the Planning Commission and the reappointment of Barry
Sherman to serve on the Civil Service Commission.
8.
Approve the recommendation from the Mayor on the reappointment of Larry Butler
to serve on the Community Redevelopment Authority and the reappointment of
Leonard Skov to serve on the Airport Advisory Board.
9.
Approve the request to extend Conditional Use Permit No. 1999-07 granted to
South Central Behavioral Services for a boarding house for men in the
transitional/early stages of chemical dependency recovery located at 2701
Central Avenue for a period of two years.
10.
Approve setting October 28, 2003 at 7:30 p.m. as time and date for the Board of
Equalization to assess costs for the 2002 Part III Improvements consisting of
Paving Improvement District No. 2001-859 for the alley between 26th Street and
27th Street from 1st Avenue to 2nd Avenue, Paving Improvement District No. 2001-865
for Kea West Avenue from 11th Street south a distance of 2777± feet, and Paving
Improvement District No. 2001-866 for 11th Street from 116 feet east of 17th
Avenue to Kea West Avenue.
11.
Approve the recommendation from Administration on the purchase of an Automated
Side Loading Refuse Collection truck for the Utilities/Sanitation Division in
the amount of $134,386.00 from Elliott Sanitation Equipment from Lincoln,
Nebraska.
12.
Approve the recommendation from Administration on the purchase of a 10-yard
dump truck for the Public Works/Transportation Division in the amount of
$77,963.00 from Nebraska Truck Center.
V.
CONSENT AGENDA ORDINANCES
None.
VI.
REGULAR AGENDA
ORDINANCE NO. 6999 – REZONING;
WEST OF 600 LANDON STREET
Council Member Clouse introduced Ordinance No. 6999, being
Subsection 1 of Agenda Item VI to rezone from “District AG, Agricultural
District” to “District M-1, Limited Industrial District” property described as
part of Lot 3 and accretions located in Section 12, Township 8 North Range 16
West of the 6th P.M., containing 0.93 acres, more or less, Buffalo County,
Nebraska (west of 600 Landon 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 Hadley seconded the motion to
suspend the rules. President of the Council asked for discussion or if
anyone in the audience was interested in the ordinance. No one
responded. Clerk called the roll which resulted as follows: Aye:
Blankenship, Buschkoetter, Hadley, Clouse, Kearney. 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. 6999 by number. Roll call of those in favor of the
passage of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Hadley seconded by Buschkoetter that Ordinance No.
6999 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6999 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. 7000 – REZONING
SOUTH OF 56TH STREET, WEST FROM HOEHNER ESTATES 3RD ADDITION, NORTH OF
WELLINGTON GREENS AND NORTH OF NORTH BY NORTHWEST ADDITION
Moved by Buschkoetter seconded by Blankenship to table until
October 28, 2003 Ordinance No. 7000 rezoning from “District AG, Agricultural
District” to “District R-1, Urban Residential Single-Family (Low Density)
District” property described as being part of the Northeast Quarter of Section
27, Township 9 North, Range 16 West of the 6th P.M., containing 13.07 acres,
more or less, Buffalo County, Nebraska (south of 56th Street, west from Hoehner
Estates 3rd Addition, north of Wellington Greens and north of North by
Northwest Addition). Roll call resulted as follows: Aye: Blankenship, Clouse,
Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.
ORDINANCE NO. 7001 – REZONING
SOUTH OF 56TH STREET LYING WEST OF NORTHRIDGE RETIREMENT SUBDIVISION
Moved by Blankenship seconded by Kearney to table until
November 11, 2003 Ordinance No. 7001 rezoning from “District AG, Agricultural
District” to “District R-3, Urban Residential Multi-Family (Medium Density)
District” property described as a tract of land being part of the Northeast
Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M.,
containing 15.34 acres, more or less, Buffalo County, Nebraska (south of 56th
Street lying west of Northridge Retirement Subdivision). Roll call
resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried.
ORDINANCE NO. 7002 – VACATE
PORTION OF 33RD STREET
The applicant is requesting vacation of a portion of 33rd
Street directly south of First Evangelical Lutheran Church. The requested area
for vacation is from the east line of Avenue G, east for a distance of 272 feet
(approximate) to the west line of Avenue H.
The church owns several lots on the south side of 33rd
Street which will eventually be developed as additional parking. At this time
the applicant is requesting vacation of the street to accommodate an additional
row of parking on the south end of the parking lot. The utilities that exist
underground will remain and a utility easement will be retained for existing
utilities. The existing alley must remain open to public use and consequently
the alley must make a ninety-degree turn to the east or to the west to access
the public street at Avenue G or Avenue H. Staff requested the exact location
of the alley be determined so it can be recorded as a dedicated public alley
for the residents that use it. Staff will review the parking lot plans prior to
construction to determine the best location for the alley.
Mitch Humphrey stated that the First Lutheran Church is
located on 34th Street between Avenue H and Avenue G. This site is a
piece of street that is 33 feet in width that is located south of the
church. It is difficult to determine where the Church property begins and
the street right-of-way ends. This church is having a significant amount
of growth and need more parking. In the future, they want to expand the
parking lot further to the south, so the street needs to be vacated. This
will allow for more parking lot and assure that the alley access between the
lots is maintained. As the parking lot is developed, he will work with
Public Works to see that proper easements are granted. There is about a
half block to the south that is owned by individuals other than the
church. The church is a good neighbor to live next to and they don’t
anticipate any problems. There was no opposition by any one to the
expansion at the Planning Commission. A portion of the alley will be
paved which will enhance access to the street.
Council Member Kearney introduced Ordinance No. 7002, being
Subsection 4 of Agenda Item VI to vacate 33rd Street from the east line of
Avenue G to the west line of Avenue H as it abuts Lot 10, Northeast Quarter
School Section Addition AND Lots 41 and 80, Switz’s Subdivision, all in the
City of Kearney, Buffalo County, Nebraska subject to the compliance of the
requirement that provisions for public access be guaranteed from the public
street to the public alley during all phases of the parking lot expansion; such
access shall be recorded on an ingress-egress roadway easement filed by the
applicant with the Buffalo County Register of Deeds, 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:
Blankenship, Buschkoetter, Hadley, Clouse, Kearney. 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. 7002 by number. Roll call of those in favor of the
passage of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Clouse seconded by Hadley that Ordinance No. 7002
be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Blankenship, Hadley, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7002 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.
AMENDMENT TO NPPD’S RETAIL SERVICE
AREA TO INCLUDE INGALLS CROSSING THIRD ADDITION
Council member Stan Clouse vacated his chair and abstained
from discussion and voting on this matter for the reason he is employed by
NPPD.
Mayor Blankenship opened for discussion joining with NPPD as
a co-applicant to the Nebraska Power Review Board for an amendment to NPPD’s
retail service area which includes the City to include the newly annexed land
of Ingalls Crossing Third Addition to the City of Kearney, Buffalo County,
Nebraska (north of 60th Street adjacent to 2nd Avenue to the east) and to
consider Resolution No. 2003-182.
At the last Council meeting (September 23rd) the Council
included Ingalls Crossing Third Addition within the corporate boundaries of the
City. In order for electrical service to be provided to the area, NPPD will
need to apply to the Nebraska Power Review Board for an order amending its
existing retail service area to include Ingalls Crossing Third Addition into
the corporate boundaries. The City of Kearney has an interest in the outcome of
such application by reason of its rights under the Professional Retail
Operations Agreement and will be a co-applicant with NPPD to the Nebraska Power
Review Board.
The City currently receives 12% electrical lease payment
from NPPD pursuant to the Professional Retail Operations Agreement. Electrical
services provided within the newly annexed land will be subject to the 12%
electrical lease payment.
Moved by Hadley seconded by Buschkoetter to authorizing the
City of Kearney to join with NPPD as a co-applicant to the Nebraska Power
Review Board for an amendment to NPPD’s retail service area which includes the
City to include the newly annexed land of Ingalls Crossing Third Addition to
the City of Kearney, Buffalo County, Nebraska (north of 60th Street adjacent to
2nd Avenue to the east) and approve Resolution No. 2003-182. Roll call
resulted as follows: Aye: Blankenship, Kearney, Buschkoetter,
Hadley. Nay: None. Clouse abstained. Motion carried.
RESOLUTION NO. 2003-182
WHEREAS, on September 23, 2003, the Kearney City Council passed and approved
Resolution No. 2003-121 including “INGALLS CROSSING THIRD ADDITION” within the
corporate boundaries of the City of Kearney said property described as tract of
land located in the Northwest Quarter and the Southwest 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 found 5/8” rebar in a steel
survey monument box, being the west quarter corner of Section 24; thence
S89°52’16”E (an assumed bearing), and on the north line of the Southwest
Quarter of Section 24 a distance of 95.83 feet to a found 5/8” rebar being a
point on the east right-of-way line of U.S. Highway #10 and the POINT OF BEGINNING;
thence continuing on the last described course, S89°52’16”E, and on the north
line of the Southwest Quarter of said Section 24 or the south right-of-way line
of said U.S. Highway #10 a distance of 12.59 feet to a found 5/8” rebar being a
point on the east right-of-way line of said U.S. Highway #10; thence
N00°14’24”E and on the east right-of-way line of said U.S. Highway #10 a
distance of 330.08 feet to a found 5/8” rebar; thence S89°52’13”E a distance of
1058.08 feet to a set 5/8” rebar; thence S00°07’47”W a distance of 80.0 feet to
a set 5/8” rebar; thence S00°15’38”W a distance of 787.03 feet to a set 5/8”
rebar; thence N89°44’22”W a distance of 863.63 feet to a set 5/8” rebar; thence
S00°15’38”W a distance of 29.88 feet to a set 5/8” rebar being the point of
curvature; thence on a curve to the left having a radius of 220.0 feet an arc
length of 143.04 feet and a central angle of 37°15’12” with a chord bearing of
S18°21’58”E a chord distance of 140.54 feet to a set 5/8” rebar, being the
point of tangency; thence S36°59’34”E a distance of 110.64 feet to a set 5/8”
rebar being the point of curvature; thence on a curve to the right having a
radius of 330.0 feet an arc length of 214.72 feet and a central angle of
37°16’49” with a chord bearing of S18°21’10”E a chord distance of 210.95 feet
to a set 5/8” rebar being the point of tangency; thence S00°17’14”W a distance
of 190.0 feet to a set 5/8” rebar; thence N89°42’46”W a distance of 408.71 feet
to a set 5/8” rebar being a point is on the east right-of-way line of said U.S.
Highway #10; thence N00°17’14”E and on the east right-of-way line of said U.S.
Highway #10 a distance of 556.03 feet to a found 5/8” rebar; thence S89°49’51”E
a distance of 179.35 feet to a found 1¼” pipe; thence N00°15’38”E a distance of
487.04 feet to a found 1” pipe; thence N89°47’53”W a distance of 166.87 feet to
a found 5/8” rebar being a point on the east right-of-way line of said U.S.
Highway #10; thence N04°29’11”E and on the east right-of-way line of said U.S.
Highway #10 a distance of 132.53 feet to the point of beginning and containing
a calculated area of 1,066,582.02 square feet or 24.485 acres, more or less,
Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the
east); and
WHEREAS, the Nebraska Public Power District (NPPD) will apply to the Nebraska
Power Review Board for an order amending its existing retail service area,
which includes the City of Kearney, to include the above described property
into the corporate boundaries of the City of Kearney, Nebraska; and
WHEREAS, the City of Kearney has an interest in the outcome of such application
by reason of its rights under the Professional Retail Operations Agreement with
NPPD approved on July 11, 1989, pursuant to which NPPD operates and maintains
the electric distribution system owned by the City of Kearney; and
WHEREAS, it is determined by the City Council that it would be desirable and in
the best interests of the City of Kearney to join with NPPD as a co-applicant to
the Nebraska Power Review Board.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that the City of Kearney, Nebraska, be authorized to join
with NPPD as a co-applicant to the Nebraska Power Review Board for an amendment
to NPPD’s retail service area which includes the City to include the above
described property into the corporate boundaries of the City of Kearney,
Nebraska in said retail service area.
BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized to execute on
behalf of the City of Kearney a joint application with NPPD to the Nebraska
Power Review Board and to cooperate with NPPD in the prosecution of its
application.
BE IT FURTHER RESOLVED that such joint application shall be prosecuted at the
sole cost and expense of NPPD.
PASSED AND APPROVED THIS 14TH DAY OF OCTOBER, 2003.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
OPEN ACCOUNT CLAIMS
-- NPPD -- $3,257.46
Moved by Buschkoetter seconded by Blankenship that Open
Account Claims in the amount of $3,257.46 payable to NPPD be allowed.
Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter,
Hadley. Nay: None. Clouse abstained. Motion carried.
VII.
REPORTS
None.
VIII.
ADJOURN
Moved by Hadley seconded by Buschkoetter that Council
adjourn at 7:56 p.m. Roll call resulted as follows: Aye:
Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None.
Motion carried.
BRUCE L.
BLANKENSHIP
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK