Kearney, Nebraska
July 27, 2004
7:30 p.m.
Prior to
the regular Council meeting, the Council met as the Board of Directors for the
Kearney Municipal Airport Corporation in open and public session at 7:30 p.m.
on July 27, 2004 in the Council Chambers at City Hall. This meeting adjourned
at 7:51 p.m. A meeting of the City Council of Kearney, Nebraska, was convened
in open and public session at 7:52 p.m. in the Council Chambers at City
Hall. Present were: Bruce Blankenship, President of the Council;
Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Galen
Hadley, Don Kearney. Absent: Stan Clouse. G. Allen Johnson, City Manager;
Michael Kelley, City Attorney; and John Prescott, Assistant City Manager; Kirk
Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works
were also present. Some of the citizens present in the audience included:
Michael Hendrickson, Terry Krohn, Amy Elwood, Carlos Segura, Dan Lindstrom,
Jeff Peterson, Cathy Mettenbrink, Steve Sickler, Ronnie Lux, Laura Lee, Heather
Swanson-Murray, Mike Cahill from KKPR, and Mike Konz from Kearney Hub.
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
A moment of silent prayer was held.
PLEDGE OF ALLEGIANCE
The Council members led the audience in the Pledge of
Allegiance.
ORAL COMMUNICATIONS
Terry Krohn and Amy Elwood updated the Council on Two Rivers
Public Health Department Council Board Update. The Department has developed
mission statement/vision and priority areas and a District Health Improvement
Plan. TRPHD has a web site that is available but is still under
construction. They submit an annual report of the Department to the
Office of Public Health in October, which is presented to the Unicameral in
December.
The Department has $75,000 in its 2003-2004 budget for grant
funding opportunities of up to $5,000 for programs/projects in the seven county
district that qualify by meeting the Mission, Priority areas and/or District
Health Plan Objectives. A grant committee has been established to review and
make recommendations for funding to the Board of Health. The Department has
awarded two grants for $5,000 each. One grant went to Buffalo County
Community Health Partners and the other to Phelps County Safe Communities to
place Automatic External Defibrillators in law enforcement vehicles and public
buildings. Grant applications are on the Department’s web site or are
available from the office.
In 2003, the Department had the 2003 CDC Youth Risk Behavior
Survey conducted by Buffalo Beach Company. The survey included students
in grades 9-12 in the seven-county districts. The results from the survey
have been shared with the schools and other interested entities. Results
showed that the kids have similar risk behavior patterns as those in the city
and nationwide. Being in a rural area does not protect them. The
seatbelt use, alcohol use, binge drinking, and riding with someone that has
been drinking are some of the problem areas identified by the survey. The
Department provided the Juvenile Service Protection Planning Committee that
includes Franklin, Harlan, Kearney and Phelps Counties with statistics to aid
them in their funding request to the state.
The Department contracted with Radical Youth Invasion to
provide a program that addressed the risk behaviors that were identified in the
YRBS survey and offered suggestions for alternative behaviors. 2000
students and faculty were involved from the towns of Alma, Kearney, Holdrege,
Loomis, Bertrand, Minden, and Lexington. The events took place October 22
– 24, 2003 in area high schools. The program addressed risk behaviors
that were identified by the Youth Risk Behavior Survey and was very well
received by both students and adults that participated.
Dental Day was held on February 27, 2004 at the UNMC College
of Dentistry in Lincoln, Nebraska. Seventy-three kids from Lexington,
primarily uninsured, received free dental treatment from dental and dental
hygiene students and instructors at the college. Doctors Fagot, Mandelko,
Sorenson and their staff provided free exams and x-rays for the kids prior to
their trip to Lincoln. Lexington schools provided organization,
transportation, and supervision. They are continuing to investigate
additional ways to address unmet dental needs in the district. TRPHD and
UNMC College of Dentistry received recognition for Dental Day V from the
Nebraska State Board of Health.
There has been a new interlocal agreement adopted by the
Board of Health to present to the County Boards for their adoption. It
addresses funding requirements of the counties and the department and also
clarifies the administration of the department.
TRPHD was a partner in the two SICA (State Incentive
Cooperative Agreement) funding grants that were written in the district.
They provided statistics from the 2003 YRBS survey they conducted to
substantiate the funding requests. Buffalo County Community Partners has received
$125,000 in SICA funding; Quad County Coalition (Franklin, Harlan, Kearney, and
Phelps Counties) received $100,000. These funds will be used for programs
that address risk behaviors, especially alcohol and drug prevention/education
for youth.
The Department has funded $30,000 out of the Programs budget
to support the Public Immunization Program of Community Action Partnership of
Mid Nebraska to support the continuation of the program in the district for
2004. Julie Weir, RN, is the Coordinator of this program. There are
2,503 active kids in the database; support is $11.98 per child ($0.60 a
shot). Public clinics are held in Buffalo, Dawson, Gosper, Harlan,
Kearney and Phelps Counties.
The Department will be contributing $20,169 in program
funding to the United Way to support the establishment of the 211 information
and referral system that unites people with health and human services and
emergency information available in state and nationwide. There are
currently 11 counties in Nebraska in the system.
The TRPHD Emergency Response Plan has been completed and
submitted to the State on March 31, 2004. This plan was a requirement by
the State for continuing funding of the Bioterrorism grant to all of the Health
Departments in Nebraska. The objectives of the Emergency Response Plan
are to provide guidelines for the Public Health Department officials and to
define their role in response to the public health emergencies. This plan
was created in coordination with each county’s LEOP (Local Emergency Operations
Plan), in conjunction with Emergency Management. All of the County Boards
will be briefed on this plan in the upcoming year in preparation for a full
scale exercise scheduled for March of 2006.
TRPHD is part of the TRIMRS steering committee. This
is the only Rural Medical Response system in the United States and includes
Grand Island, Hastings and Kearney. Funding of $130,000 was received from
Nebraska HHSS to hire Dave Glover as the coordinator of this group and help
with the organization. The mission of the group is “to create and
maintain a system for responding to public health emergencies by enhancing
existing local planning efforts for resources, expertise, communication and
personnel, in order to increase the capabilities to manage a large number of
casualties and/or disruption of services.”
Additional
funding will be applied for and the goal is to coordinate a medical response
system that includes the Two Rivers, south Heartland and Central District
Health Departments.
Sixty-nine out of 83 percent of the schools in the district
participated in the school illness surveillance program funded by Nebraska
Health and Human Services (HHS). Phone calls were made to each school to
obtain the number of children absent due to illness each week. Any
unusual occurrences would have been immediately communicated with HHS. No
abnormal patterns of absences were discovered. They attended the Centers
for Disease Control and Prevention Applied Epidemiology course, which covered
the procedures necessary to investigate a disease outbreak should one occur.
The Department’s Nebraska Public Health month activities in
April 2004 included sending press releases to the media on health topics, an
open house reception for the public and a coloring contest for all second grade
students in the district. This year’s coloring contest theme was “What Do
You Do to Stay Healthy?” There was a 31 percent return rate for entries
in the coloring contest.
The Department has conducted a program called “Walk Out on
Your Job”. There were walks held in Holdrege, Minden and Lexington.
The Holdrege and Minden walks were held on May 19, 2004. Holdrege had 342
walkers participate; Minden had 75 participants. The Lexington walk was
held June 2, 2004 and 122 walkers participated. The events were very well
received and they hope to expand them next year into additional communities and
counties.
Several brochures have been developed; West Nile, Fifth
Disease, DEET, hand washing and a TRPHD informational brochure. Community
health education presentations have been given on topics such as diabetes, West
Nile virus prevention, and nutrition. Other education efforts include mailings
to school nurses and local businesses on various topics.
They service as an information source to local media on
various health topics: West Nile Virus, Wellness, Rabies, SARS, etc. They
have regular contact with area newspapers, radio and television. They serve as
an information and referral source and follow up connection between the public
and Nebraska HHS and other government entities like the Department of
Environmental Quality and Department of Agriculture.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
BOARD OF EQUALIZATION – PAVING
DISTRICT NO. 2002-868
Moved by Blankenship seconded by Kearney to remove from the
table the public hearing for the City Council to meet as a Board of
Equalization to assess costs for the 2003 Part I Improvements consisting of
Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to
30th Avenue and to consider approval of Resolution No. 2004-114. Roll call
resulted as follows: Aye: Blankenship, Hadley, Kearney, Buschkoetter. Nay:
None. Clouse absent. Motion carried.
The City of Kearney created this paving district in February
of 2002. The 2003 Part I Improvements consisted of Paving Improvement
District No. 2002-868 for 39th Street from 22nd Avenue to 30th Avenue. The
widening of 39th Street was included on the City’s One Year Street Improvement
Plan. The paving portion considered for assessment is represented by all labor,
materials, and equipment required to pave a 36-feet wide, 6-inch thick concrete
street. Paving width/thickness, oversizing and intersections are not subject to
assessment.
After completion of the construction project,
the City hired a title company to complete property abstracts so that
assessments could be levied. On December 23, 2003, the Council met as the Board of
Equalization and assessed the costs against the property with a few exceptions.
A piece of land located along 39th Street was not assessed on December 23, 2003
for the reason it was to be developed as single family or duplex development. A
developer has purchased this piece of property and will be constructing
tri-plexes which is considered to be a higher density and, therefore, will be
assessed.
Resolution No. 98-120, passed by the Council on May 26,
1998, established a policy for assessment standards for paving districts.
Single family and duplex development along arterial streets are not assessed
for paving improvements. The intent of the policy was to give developers
an incentive to develop low density residential along the arterial street
system in order to reduce the access points improving safety and traffic flow
along our arterial street system.
This district has been completed and, in order to satisfy
state law, when paving, water and sewer districts are completed, the City
Council must act as a Board of Equalization to levy assessments on this piece
of property so benefited. At the June 22nd Council meeting, the Council set
July 13, 2004 as the time and place to meet as the Board of Equalization. The
property owner had requested the matter be tabled for the reason he was not
able to attend the meeting.
The City Council is asked to sit as a Board of Equalization
to levy the assessments. Property owners will then be required to pay the
first installment within 50 days (September 15, 2004) or will be able to pay
the entire assessment without any interest prior to this date. The City
of Kearney has already issued warrants to pay for the construction work.
Director of Public Works Rod Wiederspan stated this district
was completed as part of last year’s improvements. It was assessed to the
property owners. At that time, this particular property was zoned R-2 and
did not have assessments at the time. The developer came in and decided
to build 3-plexes and 4-plexes, which fall under the multi-family (high density)
type units. As a result of the multi-family units, the assessments need
to be levied.
Dan Lindstrom, attorney for Carlos Segura, presented this
matter to the Council. He stated that the issue is somewhat technical and asked
that the Clerk make his comments part of the record for the meeting. The
development is residential – 35 units as defined under the Kearney City Code
and is located on 5.92 acres. Each of those units is 360 square feet on
the main floor and has separate entrances and separate 2-car garages. In
calculating the density as described in the UDO, those 35 units are divided by
5.9 acres, which equals 5.9 units per acre. Another way of looking at it
is that each unit is represented by 7,343 square feet on that lot. As
they compared each of those units, both in the size and the amount of land that
is used per unit in this development, they do not believe that this is a dense
development at all. In fact, they believe this property has densities
that are similar to single-family homes in this community. Single family
units have similar square footage on the interior and also similar or less
square footage than on their individual lots.
The property has no direct curb cut access to 39th
Street. The entrance to the development is to Country Club Lane, but it
is adjacent on its south border to 39th Street. The buildings were configured
in such a way that the majority of the buildings are four units and one has
three units per building. Mr. Segura told Mr. Lindstrom that given the
size of the lot it would have been easy for him to develop 35 units in the form
of duplexes on that lot. So Mr. Lindstrom posed the question of “how
dense is the development on this lot?”
The buildings were configured in four units per building for
the most part because then you get additional green space in the unit.
Green space makes the unit more aesthetically attractive. He agreed there
are probably some cost savings, but he had not talked to Mr. Segura about the
construction costs. Mr. Lindstrom also pointed out this is in R-2 zoning, which
is the same zoning that would permit duplex development. His
understanding is that City staff has in the past taken the view that
residential low density, (administratively defined as being single family development
or duplex) has been more formalized in the fact that the Council passed a
resolution on a consent agenda in June; however, without any discussion that he
can find on the record. He has not been able to get any position from
City Staff as to the interpretation of whether the new policy applies to this
district that was created in 2002 and work done in 2003 or not. He asked
for clarification on that point. Mr. Lindstrom said that he had visited
with City Attorney Kelley about this, but not with Rod Wiederspan.
Director of Public Works stated that when the changes were
made, the intent was that all districts created prior to the adoption of the
new policy would fall under the old policy. In this case the old policy
is applicable. The old policy definition of low density was single family
or duplexes (under City Planner Dick Kellenberg, who did our old Comp
Plan). When Marty Shukert did the new Comp Plan, he threw in some low
density, medium density, high density, which allows up to a 4-plex or a townhouse
in an R-2 zone. Prior to that, a duplex was the highest density that
could be built in an R-2 zone. With the adoption of the new policy, they
hoped to clarify some of those changes with the new UDO.
Mr. Lindstrom stated that in Resolution 98-120, the policy
that was formalized by the Council in 1998 (new street or street
reconstruction) had two categories of residential properties that would be
considered by the Board of Equalization on this issue. Residential low
density and residential high density were the two categories. The policy
says density. He believed that in practice a line was drawn at duplexes
and that everything that has more units per building as being high
density. This makes an assumption that a developer putting 4-units in a
building is going to develop that property as densely as they can. The
statute and the case law are very clear. If you are going to assess an
adjacent landowner for a street improvement, it must be based on the relative
benefit that the landowner has achieved. He stated that policy has been
formalized in Resolution 98-120, which stated to look at density. Mr.
Lindstrom asked the Council to really look at density in this
development. He believes under Resolution 98-120 this should be treated
as low density residential and should not be subject to an assessment for the
39th Street paving district.
Mayor Blankenship asked, “by what definition would it fit
under low density?” Mr. Lindstrom responded that Resolution 98-120, which
is the operative policy of the City, states low density or high density which
is the only thing that it specifies. In visiting with City Staff, his
understanding is that as a practice they assume if you build more than two units
per building, then it will be high density and traditionally put into that
category. His argument is that the resolution does not state that.
The R-1 definition in the UDO states that gross densities of below four units
per acre is low density. The UDO density definition of R-2 (mixed density
district) is between 6 and 12 units per acre. R-3 defines medium density
as 12-18 units per acre. High density is generally above 18 units per
acre. His point is that if density is considered, which is the number of
units per acre, and then the LaVista development at Lighthouse Point has 5.9
units per acre and is really not high density. This should fall into the
low density category and therefore should not be assessed. He would agree
that the new UDO policy was passed after Resolution 98-120. He pointed
out that in looking at the existing developments in Kearney, there are single
family residential homes that have less than 1,360 square feet, and that have
much less than 7,343 square feet on their lot, so are built more densely than
the LaVista at Lighthouse Point.
Council Member Kearney stated that consistently, since he
has been on the Council, single family and duplexes were low density. He
believed they must be consistent and not break precedence. He could not recall
any instant over his 7½ years on the Council where the defining issue was high
density being something more than a duplex. He believed that if they start
making decisions based on technicalities that would open a “can of worms” all
through the City. After reviewing the information that Mr. Lindstrom provided,
Mr. Kearney stated he could not see the application of the point that Mr.
Lindstrom was trying to make.
Mr. Lindstrom responded that he was not aware that anyone
has ever raised this issue in this fashion before. He believed that the
assumption that Staff and/or Council has been making about density in
developments that had more than duplexes might have been justified in being treated
as high density. In the case of the LaVista development, he wants the
actual density calculation for the development to be considered, not just the
fact that they are 4-plexes and a tri-plex. The units are being constructed in
a way that the buildings are not being densely developed on that lot. The
City’s document says that you consider density. If that is not the case,
that would create a problem for the City.
Council Member Kearney asked if this is only applicable for
an arterial street. Mr. Lindstrom said the question is “has the landowner
been afforded a benefit that is greater than a regular citizen of Kearney would
normally have?” Every taxpayer in Kearney derives some benefit from an
arterial being created so that is why the cost this is stair stepped. He stated
that no benefit would be bestowed on this owner of this property by the 39th
Street reconstruction. It very well could be a detriment to his
development. He believed that it is arbitrary to say just because the
buildings have been configured in such a way that there is a benefit. There was
some discussion about the statement of 39th Street being a detriment to the
development. Mayor Blankenship made a point if it were a detriment; the
developer would not have built in that location and the property owners will
make their purchase based on the knowledge of the street location.
Council Member Hadley stated that a short time ago, the
original request before the Council from this developer was that tri-plexes and
4-plexes were better for this development. He believed there is some
contradiction because now they are coming back and saying these are really more
like single family and duplexes. At the time the multi-plexes were approved,
the developer was aware of the street assessment issue, which was agreeable at
that time.
Mr. Lindstrom stated this development was pushed together to
create more green space. His experience in the past has been when visiting with
Rod Wiederspan and the Staff with a developer client, one of the City’s
concerns is how much green space can be created in the development. He
believed by penalizing this developer with the assessment for pushing the
buildings together, than there will not be much green space in the
future.
Council Member Buschkoetter stated that there was a two hour
discussion about going from duplexes to the current configuration. Even
though talk about density formulas, policies from 1998 and the present UDO,
most people would define multi-plexes as a denser form of living than duplexes.
The practical application of multi-plexes is how many people are going to live
in a given area or in a given parking space verses would live in duplexes. Mr.
Lindstrom responded his understanding was that the same number of duplexes as
multi-plexes could have been built in this area.
Mayor Blankenship stated that Mr. Segura previously come
before the Council, he stated for economic reasons that the multi-plex concept
was his choice. Mayor Blankenship stated his decision was based on the fact in
1998 the choices were high or low, and this development fell into the high
density. Even with the four sizes under the present UDO the development
still is not low density, it would be the mixed definition. Either way
this does not fall into the low density and should not be exempt from the
assessment.
Carlos Segura, 15 Lakeview Drive, stated he did not agree
that a certain type of building should be considered high density. He
believed that the size of land that the units are built on should be the determining
factor. According to the new Code, this is a mixed density (4-8 units per
acre), which is not a high density. He stated these are townhouses with
separate entrances although attached in a 4-unit configuration.
Mayor Blankenship stated that he believed anyway you look at this, low density
is 4-units per acre or under and Mr. Segura’s project is at 5.9 units per
acre. This means that the development is not low density.
City Attorney Mike Kelley stated that looking back at plan
maps in the 1980’s when Dick Kellenberg was the City Planner; low density has
always been consistently treated as four units or less per acre. This has
been the consistent application that the City has made. Resolution 98-120
states that the exception for that is residential low density, which has always
been construed and applied to mean R-1 with the exception of duplexes, not R-2
which is the distinction. If the new Resolution 2004-99, has any
application (which it does not to this question) the only relevance it has is
that Staff clearly defined it in 2004-99 and clearly stated that low density is
single family residential and duplex units only.
Director of Public Works addressed the issue of the benefit
from the arterial street. The City will only assess the amount that a
local street would cost any owner. All street oversizing costs will be
picked up by the City. A number of developers have built duplexes and
townhouses on our arterials. The Staff has informed everyone that by the policy
in the past assessments, the Board of Equalization has levied assessments on
developments over two units. The developer must make their own economic
decision about whether to build duplexes or 4-plexes.
Mr. Lindstrom stated on the second page of the new policy
that Mr. Kelley referred to, it specifically talks about R-2 developments under
which duplexes would apply. He again brought up the point that the UDO
has four categories, but the policy states only low density and high density.
His question was if you are mixed density, then which are you high or
low? He did not believe that using the shortcut method of saying if you
are a duplex or a building with less than three units in it then there is no
assessment, does not address the issue of density.
Mr. Kelley responded back to Mr. Lindstrom’s comments. The
definition is set in Resolution 2004-99. What Mr. Lindstrom referred to
the first full line of the second page which says, “the residential low density
special assessment deferral shall apply only to property zoned R-1 or R-2 which
is intended to be developed into single family or duplex units only. He
believed that this completely defines that point.
Council Member Buschkoetter stated he did not believe that they
have been taking a shortcut. They are using the definition and following
the policy the Council has always used. This is a beautiful development
and he believed that one of the things that will appeal to the purchasers is
the great location. Part of the location is the ease of travel all the
way around the beltway.
Moved by Kearney seconded by Hadley to close the hearing as
the Board of Equalization and approve to assess costs for the 2003 Part I
Improvements consisting of Paving Improvement District No. 2002-868 for 39th
Street from 22nd Avenue to 30th Avenue and approve Resolution No. 2004-114.
Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley.
Nay: None. Clouse absent. Motion carried.
RESOLUTION
NO. 2004-114
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA:
Section 1. The President and Council find and determine that the street
in Paving Improvement District No. 2002-868 has been improved by paving, curbing
and guttering and incidental work, that none of the properties listed, which
list is marked Exhibit “A” and made a part hereof by reference, were damaged
thereby and that the amounts shown in the attached schedule does not exceed the
amounts which said lot and parcel of ground was specially benefited by said
improvements and the total amount of said special assessments does not exceed
the costs of said improvements exclusive of the cost of the intersections and
areas formed by the crossing of streets, avenues and alleys as heretofore
determined by the Mayor and City Council.
Section 2. Notice of the time and purpose of hearing on special
assessments for equalizing said special assessments has been published as
provided by law in the Kearney Hub, and a copy of said notice mailed by
certified mail to each party known to have a direct legal interest therein.
Section 3. That there be and there is hereby levied against the lot and
parcel of ground set out in Exhibit “A” the amount set opposite each lot and
parcel of ground. Said assessments for Paving Improvement District No.
2002-868 shall become delinquent as follows:
1/10th fifty days after date of this Resolution
1/10th one year after date of this Resolution
1/10th two years after date of this Resolution
1/10th three years after date of this Resolution
1/10th four years after date of this Resolution
1/10th five years after date of this Resolution
1/10th six years after date of this Resolution
1/10th seven years after date of this Resolution
1/10th eight years after date of this Resolution
1/10th nine years after date of this Resolution
Each installment, except the first, shall draw interest at
the rate of six per centum per annum from date of this Resolution until the
same become delinquent and after they become delinquent at the rate of fourteen
per centum per annum until paid.
PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
DIAMOND SHAMROCK LIQUOR LICENSE
Mayor Blankenship opened the public hearing on the
application for a Class A (Beer On Sale Only) Liquor License submitted by
KB&KS INVESTMENTS, LLC, dba “Diamond Shamrock” located at 414 2nd Avenue South,
approve the application for Corporate Manager of Ronnie Lux, and to consider
approval of Resolution No. 2004-126. Application amended to a Class B – Beer
Off Sale Only Liquor License.
This application is associated with a new convenience gas
station located south of the I-80 Interchange near Platte Road. The
station is owned by KB&KS Investments out of Hays, Kansas and will be
managed locally by Ronnie Lux. Most convenience stations in the community
have off sale licenses to dispense alcohol. The area would be in close
proximity to the 1st Inn Gold, Holiday Inn Express, Skeeter Barns and the
Tri-City Arena.
The station was recently constructed new in the last several
months. The station will be managed by Mr. Lux, a long time resident of
Kearney, and formerly the manager of Foote’s Convenience Store on East Highway
30. The business is owned by two sisters, Kim Briney and Kelly
Stiles. Their father, Ralph Gottschalk owns several of these stores in
the Kansas and Colorado areas.
In looking at the application, it was noted that the
application was for a Class “A” (Beer – On Sale Only) license. When
Administration contacted Mr. Lux concerning the type of license they had
requested, it was noticed that the intent of the application was for a Class
“B” (Beer – Off Sale Only) license. Administration contacted the Liquor Control
Commission and they recommended the Council amend the application to a Class
“B” instead.
Mr. Lux was the manager for Foote’s for 17 years and has
substantial experience in this business. Mr. Lux has a good knowledge
base of applicable statutes and ordinances as they apply to the sale of
alcoholic beverages and has and will work with the department to train his
employees.
Ronnie Lux, 110 Blue Sky Drive, Gibbon, presented this
matter to the Council. He has talked to Colin Wilke of the Kearney Police
Department and the State Patrol. He has been through the liquor control
training himself and will be sending all of his employees to the classes so
they are aware of the laws and regulations.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Buschkoetter to close the
hearing and approve the amended application for a Class B (Beer Off Sale Only)
Liquor License submitted by KB&KS INVESTMENTS, LLC, dba “Diamond Shamrock”
located at 414 2nd Avenue South, approve the application for Corporate Manager
of Ronnie Lux, and approve Resolution No. 2004-126. Roll call resulted as
follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None. Clouse
absent. Motion carried.
RESOLUTION
NO. 2004-126
WHEREAS, KB&KS INVESTMENTS, LLC, dba “Diamond Shamrock” has filed with the
Nebraska Liquor Control Commission and the City Clerk of the City of Kearney,
Nebraska, an application for a Class ‘A’ (Beer – On Sale Only) Liquor License
to do business at 414 2nd Avenue South, Kearney, Nebraska, and has paid all
fees and done all things required by law as provided in the Nebraska Liquor
Control Act; and
WHEREAS, a hearing was held relating to said application on July 27, 2004; and
WHEREAS, it has been determined that the applicant intended to make application
for a Class ‘B’ (Beer – Off Sale Only) and that the application should be
amended accordingly.
NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City
of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor
Control Commission of the issuance of a Class ‘B’ (Beer – Off Sale Only) Liquor
License to KB&KS INVESTMENTS, LLC, dba “Diamond Shamrock” located at 414
2nd Avenue South, Kearney, Nebraska.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
BARISTA’S DAILY GRIND LIQUOR
LICENSE
Mayor Blankenship opened the public hearing on the
application for a Class J (Wine and Beer On Sale Only) Liquor License submitted
by BARISTA COMPANY, dba “Barista’s Daily Grind” located at 2400 Central Avenue,
approve the application for Corporate Manager of Cathy Mettenbrink, and to
consider approval of Resolution No. 2004-127.
An application for On-sale only liquor sales was received
from Barista’s Daily Grind located at 24th Street and Central Avenue. The
business plans to offer wine to its customers as well as a variety of coffees,
other non-alcoholic beverages and foods. A background was conducted.
The owners of the business, Steve Sickler and Cathy Mettenbrink, were
interviewed. Neither party has any substantial experience in the retail
liquor business but was cooperative with police officers. The business
plan is to offer to customers the opportunity to purchase bottled wines to be
consumed on the premises. A customer could also purchase bottles of wine
and retain them in storage on sight for future consumption. All
consumption would be on sight and no alcoholic beverages would be allowed to be
removed.
This is a newer business and this form of sale is somewhat
unique. Wine only is not a common license type. The idea that if a
customer found a particular wine they enjoyed, and wanting to secure additional
bottles from a limited supply, being able to purchase and store at the business
is also unique. In speaking with Ms. Mettenbrink, she is very interested
in cooperating and making this venture successful. The location is new to
the community and located in the Downtown Centre. The sight is open with
“garden type” seating. Though somewhat unique, this operation is within
the statutes and ordinances.
Cathy Mettenbrink, 3807 14th Avenue, presented this matter
to the Council. They would have bottles of wine available for sale that will be
consumed on the premises. An individual could buy any quantity of bottles and
keep it in a private locker on their site for any length of time. Sales
and consumption would only be allowed during normal operating hours. This
is a new concept that they have come up with on their own. They pride
themselves in coming up with their own ideas. The serving area will be
inside or on their patio. They also will have a tasting room for coffees and
wine in the training center, which is also where the wine will be stored.
The wine, breads, cheeses, etc. will be purchased in the building along Central
Avenue called the Pastry Shoppe. They have visited with law enforcement
and they have offered their help along with some of the other support
programs.
Mayor Blankenship stated this is an interesting
concept. He complimented them on the success they have had with the two
business locations in Kearney. He does not doubt their business judgment
with regard to this liquor license, but needed to make sure they are prepared
to operate the business according the law.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Blankenship to close the
hearing and approve the application for a Class J (Wine and Beer On Sale Only)
Liquor License submitted by BARISTA COMPANY, dba “Barista’s Daily Grind”
located at 2400 Central Avenue, approve the application for Corporate Manager
of Cathy Mettenbrink, and approve Resolution No. 2004-127. Roll call resulted
as follows: Aye: Blankenship, Buschkoetter, Hadley, Kearney. Nay: None. Clouse
absent. Motion carried.
RESOLUTION
NO. 2004-127
WHEREAS, BARISTA COMPANY, dba “Barista’s Daily Grind” has filed with the
Nebraska Liquor Control Commission and the City Clerk of the City of Kearney,
Nebraska, an application for a Class ‘J’ (Wine and Beer – On Sale Only) Liquor
License to do business at 2400 Central Avenue, Kearney, Nebraska, and has paid
all fees and done all things required by law as provided in the Nebraska Liquor
Control Act; and
WHEREAS, a hearing was held relating to said application on July 27, 2004.
NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City
of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor
Control Commission of the issuance of a Class ‘J’ (Wine and Beer – On Sale
Only) Liquor License to BARISTA COMPANY, dba “Barista’s Daily Grind” located at
2400 Central Avenue, Kearney, Nebraska.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
THE CELLAR BAR & GRILL LIQUOR
LICENSE
Mayor Blankenship opened the public hearing on the
application for a Class I (Spirits, Wine and Beer On Sale Only) Liquor License
submitted by EARN & RETURN INVESTMENTS, INC., dba “The Cellar Bar &
Grill” located at 3901 2nd Avenue, approve the application for Corporate
Manager of Michael Hendrickson, and to consider approval of Resolution No.
2004-128.
The Cellar Lounge, a local restaurant, recently was sold and
purchased by Mr. Hendrickson. In accordance with statutes, change in
ownership and management requires a new license to dispense alcoholic beverages
be submitted. A background on Mr. Hendrickson, as the Owner/Manager was
conducted. The Cellar Lounge is an existing business which has been in
operation as a restaurant for quite some time. There have not been any
issues involving the alcohol sales in recent history. This is a
restaurant, and a majority of the businesses proceeds are obtained through the
sale of food. The license would be for the continuation of business as
conducted in the past.
Attorney Heather Swanson-Murray presented this matter to the
Council. She stated
that Michael Hendrickson and his wife formed a corporation
and have purchased The Cellar Bar and Grill, which is a long standing Kearney
business. They purchased it as an ongoing concern and have been operating
it since July 5th under a temporary agency agreement/or provisional liquor
license from the previous owner. They have retained all of the employees
that were previously employed there including the manager, Laurie Lee, who has
been there since 1987 and three other assistant managers, who are also long
time employees. They have already scheduled training for their staff with
the Kearney Police Department.
There was no one present in opposition to this hearing.
Moved by Blankenship seconded by Kearney to close the
hearing and approve the application for a Class I (Spirits, Wine and Beer On
Sale Only) Liquor License submitted by EARN & RETURN INVESTMENTS, INC., dba
“The Cellar Bar & Grill” located at 3901 2nd Avenue, approve the
application for Corporate Manager of Michael Hendrickson, and approve
Resolution No. 2004-128. Roll call resulted as follows: Aye: Blankenship,
Hadley, Kearney, Buschkoetter. Nay: None. Clouse absent. Motion carried.
RESOLUTION
NO. 2004-128
WHEREAS, EARN & RETURN INVESTMENTS, INC., dba “The Cellar Bar & Grill”
has filed with the Nebraska Liquor Control Commission and the City Clerk of the
City of Kearney, Nebraska, an application for a Class ‘I’ (Spirits, Wine and
Beer – On Sale Only) Liquor License to do business at 3901 2nd Avenue, Kearney,
Nebraska, and has paid all fees and done all things required by law as provided
in the Nebraska Liquor Control Act; and
WHEREAS, a hearing was held relating to said application on July 27, 2004.
NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City
of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor
Control Commission of the issuance of a Class ‘I’ (Spirits, Wine and Beer – On
Sale Only) Liquor License to EARN & RETURN INVESTMENTS, INC., dba “The
Cellar Bar & Grill” located at 3901 2nd Avenue, Kearney, Nebraska.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
ENGINEERING REPORT OF SOUTHEAST
SEWER PROJECT
Mayor Blankenship opened the public hearing on the
engineering report for construction of sanitary sewer mains to be construed at
the following locations: from the intersection of Avenue M and 18th Street in
an easement to Avenue O; in Avenue O from proposed 18th Street to 22nd Street;
in 20th Street from Avenue O to Avenue M; in Avenue N from 20th Street to 22nd
Street; in 21st Street from Avenue N to Avenue M; in 22nd Street from Avenue N
to Avenue M; in Avenue D from 11th Street to 13th Street; in Avenue K from 14th
Street to 15th Street; in 14th Street from Avenue K to Avenue M; and in 15th
Street from Avenue K to Avenue M and to consider approval of Resolution No.
2004-129.
Jeff Peterson from Miller & Associates presented this
matter to the Council. In this year’s budget the City of Kearney included funds
to construct several sewer districts in Southeast Kearney. At the July 13, 2004
City Council meeting the Council approved the creation of Sewer Districts and
Sewer Connection Districts.
The purpose of this public hearing is to fulfill the
requirements so that the State of Nebraska Department of Environmental Quality
can issue a Finding of No Significant Impact (FONSI) for the project. The FONSI
will allow the City to receive the remaining balance, $161,335.00, of unused
grant money that was initially awarded to the City in 1996 by the EPA for the
Wastewater Treatment Plant Improvements.
The districts are Sewer Connection District 2004-1, located
in 18th Street if extended east of Avenue M to Avenue O, Sewer Connection
District 2004-2 for Avenue O from 18th Street, if extended, to 22nd Street,
Sewer Connection District 2004-3 for 20th Street from Avenue M to Avenue O,
Sewer Connection District 2004-4 for Avenue N from 20th Street north to 22nd
Street, Sewer Connection District 2004-5 for 21st Street from Avenue M to
Avenue N, and for Sewer Connection District 2004-6 for 22nd Street from Avenue
M to Avenue N. Other districts created at the last meeting are Sewer
Connection District 2004-7 for Avenue D from 11th Street to 13th Street and for
districts that were requested by developers which include Sewer District
2004-475 for Avenue K from 14th Street to 15th Street, Sewer District 2004-476
for 14th Street from Avenue K to Avenue M and Sewer District 2004-477 for 15th
Street from Avenue K to Avenue M.
To fulfill the requirements to obtain the unused grant money
the Council must conduct a public hearing on the Engineering Report for the
Wastewater System Improvements. A copy of the engineering report was previously
given to the Council. Notice of the Public Hearing was published 30 days in
advance of tonight’s meeting.
The public hearing is being held, as required, to hear from
any person who may have concerns regarding the project that they believe should
be resolved before the project proceeds. Those concerns could be street
closings; access to their property and restoration of affected property after
the work is completed.
Miller and Associates, acting as engineers for the City, has
already sent notice of the project to all State and Federal Agencies that may
have an interest in the project. State and Federal Agencies include the State
of Nebraska Historical Society, State of Nebraska Game and Parks Commission,
United States Fish and Wildlife Service and others. The City has received
letters from the agencies all of which have indicated that they do not have any
concerns with the project at this time.
The Utilities Department has included funds in this year’s
budget for all of the sewer districts proposed. The funds to pay for the
construction of these projects has been carried over from this year’s budget
and included in the budget for 2004-2005. Additionally, the Utilities
Department will use the cost of the Wastewater System Improvements as grant
match to obtain the unused balance, $161,335.00, of the EPA Grant that was
awarded to the City in 1996 for the Wastewater Treatment Plant Improvement
Project. The grant balance will not be used to reduce the cost of the
assessments and connection fees but instead will be placed in the sewer fund to
benefit the sewer ratepayers of the City.
The Wastewater System Improvements are being proposed to
serve areas of the City that have a need for the service and have been without
sewer for a number of years because of physical barriers and for which many
property owners can not take on the liability of an annual assessment, other
districts have been requested by a developer. The Utilities Department has
included the cost for these improvements in this year’s budget and carried the
money forward and included it in next year’s budget also.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Hadley to close the hearing and
approve the engineering report for construction of sanitary sewer mains to be construed
at the following locations: from the intersection of Avenue M and 18th Street
in an easement to Avenue O; in Avenue O from proposed 18th Street to 22nd
Street; in 20th Street from Avenue O to Avenue M; in Avenue N from 20th Street
to 22nd Street; in 21st Street from Avenue N to Avenue M; in 22nd Street from
Avenue N to Avenue M; in Avenue D from 11th Street to 13th Street; in Avenue K
from 14th Street to 15th Street; in 14th Street from Avenue K to Avenue M; and
in 15th Street from Avenue K to Avenue M and approve Resolution No. 2004-129.
Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley.
Nay: None. Clouse absent. Motion carried.
RESOLUTION NO. 2004-129
BE IT RESOLVED by the President and
Council of the City of Kearney, Nebraska, that the engineering report for
Wastewater Collection System Improvements as prepared by Miller &
Associates, a copy of the Report, marked Exhibit “1”, is attached hereto and
made a part hereof by reference, be accepted and approved.
PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
IV. CONSENT AGENDA
Moved by Hadley seconded by Buschkoetter that Subsection 3
of Consent Agenda Item IV be removed from the table to vote on. Roll call
resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None.
Clouse absent. Motion carried.
Moved by Buschkoetter seconded by Blankenship that
Subsections 1 through 15 of Consent Agenda Item IV be approved. Roll call
resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Kearney. Nay:
None. Clouse absent. Motion carried.
1. Minutes
of Regular Meeting held July 13, 2004.
2. Approve
the following claims: A Affordable Travel $105.00 Tr; A-1 Refrigeration
$2,609.25 Serv; Accu-Cut Systems $218.33 Su; Ace Hardware $149.62 Su; Aervoe
Industries $420.00 Inv; Agent Fee $30.00 Tr; Al Jon $673.88 Su; Allied Systems
$25.58 Su; Alltel $2,312.21 Serv; Amer Electric $1,775.34 Su; Amoco Oil $23.50
Tr; AMZ Superstore $76.77 Bks; Andersen Auto Parts $35.00 Su; Andersen Wrecking
$200.00 Tr; Anderson, K $29.00 Reim; Ashworth $842.98 Inv; Ask Supply $152.38
Su; Atco Mfg $199.95 Su; Auto Glass $326.00 Su; B&B Auto Glass $394.00 Rep;
B&H Photo-Video $170.80 Su; Baird, Holm $4,100.00 Serv; Baker & Taylor
$1,585.94 Bks; Bamford $150.00 Serv; Barney Abstract $1,980.00 Serv; BBC
Audiobooks $672.14 Bks; Becker, G $20.00 Inv; Benmeds $171.59 Su; Berens-Tate
Consulting $3,500.00 Serv; Biddle, D $15.00 Reim; Big Flag Farm Supply $48.00
Inv; Blue Cross Blue Shield $130,899.21 Claims; Bob's Super Store $84.16 Su;
Bolin, J $53.12 Su; Books on Tape $765.20 Bks; Bosselman $29,367.63 Inv; Bound
to Stay Bound Books $2,435.67 Bks; Bowman, R $33.38 Reim; Broadfoot Sand
$1,834.33 Various; Brodart $276.58 Serv; Buffalo Co Court $475.35 Ded; Buggy
Bath $8.00 RepBuilders Warehouse $1,534.34 Su; Cabela's $56.76 Su; Cart Parts
$134.33 Su; Casey's General Store $13.18 Tr; Cash Wa $3,797.95 Various; CDW
Gov't $1,183.20 Su; CED Ent. Electric $11.22 Su; Central Auto Electric $3.19
Su; Central Fire $73.00 Su; Central Hydraulic $1,193.04 Various; Central Piping
$86.68 Ref; Centurion Tech $58.00 Misc; Chesterman Co C187 $3,101.86 Inv;
Children's Theatre of Florida $206.25 Misc; City of Ky $12,394.12 Various;
Clifford of Vermont $622.80 Su; College Savings Plan of NE $65.00 Ded; Colorado
Chapter APWA $965.00 Reg; Concrete Workers $93,031.24 Serv; Construction Rental
$445.02 Various; Control Masters $2,200.00 Various; Cook, A $14.80 Su; Copycat
$176.01 Su; Crook, C $12.00 Ref; Crossroads Ford $661.90 Inv; Crown Awards
$211.95 Su; Culligan $176.28 Rep; Cummins Great Plains $117.89 Inv; CVI-Kearney
$15.18 Lease; Cygnus Business Media $525.00 Su; Dannehl's Feed $108.00 Su;
Dawson Co PPD $26,523.68 Serv; Dell $3,225.76 Equip; Deterdings $47.69 Su;
Development Council $15,000.00 Various; Diamond Vogel Paints $249.11 Inv;
Dultmeier Sales $23.59 Inv; Eakes $2,358.85 Various; Earl May $178.42 Various;
EDM Equipment $616.71 Various; Eileen's Cookies $30.25 Su; Emed $196.47 Su;
Exhaust Pros $25.00 Inv; Exxonmobile $15.50 Tr; Fairbanks Int'l $3,572.61 Various;
Faith UMC $200.00 Fee; Farm Plan $5.56 Rep; Farmers Union $37.80 Su; Fastenal
Co $516.76 Various; Fed Ex $152.76 Serv; Floral Expressions $500.00 Su; Footjoy
$7,555.76 Su; Freburg, N $184.62 Ded; Fremont Nat'l Bank $35,019.49 Ded;
Frerichs, J $30.90 Su; Frontier $8,581.90 Serv; Gangwish Turf $18.52 Rep;
Garrett Tires $3,672.70 Various; Gen. Traffic Controls $1,948.96 Su; Goodwill
$22.50 Inv; Gordon's Small Engine Repair $693.70 Various; Gosswein, J $21.00
Ref; Graham Tire $268.38 Various; Grainger.Com $558.95 Su; Grand Central IGA
$37.82 Su; H&G Cleaners $264.67 Serv; H&H Distributors $1,487.90 Su;
Heartland Scuba Center $125.00 Su; Hewlitt-Packard $9,756.00 Equip; Hobby-Lobby
$234.94 Su; Holiday Inn $146.49 Tr; Holmes Plbg $1,474.81 Various; Homier Distributors
$58.55 Su; Hotsy Equipment $57.80 Inv; Humphrey, D $53.48 Tr; ICMA RC $2,875.97
Ded; IMLA $535.00 Dues; IRS $86,020.59 Ded; Int'l Perssonnel Mgmt $992.13 Su;
Int'l Code Council $66.99 Su; Isaac, B $270.25 Tr; ISDN $14.95 Su; Jack
Lederman Co $1,301.88 Various; James Publications $59.99 Bks; James W. Bell Co
$129.78 Inv; K & K $389.88 Various; KASWA $31.40 Tipping Fees; Ky Area
Chamber $2,525.00 Various; Ky Clinic $136.00 Serv; Ky Concrete $6,154.62 Serv;
Ky Crete $71.12 Serv; Ky Cycling & Fitness $53.84 Su; Ky Hub $1,970.39
Serv; Ky Implement $415.55 Various; Ky WHSE $244.50 Su; Ky WLE $27.54 Su; Kelly
Electric $536.51 Various; Kelly Supply $629.52 Su; Killion Motors $236.45 Inv;
Kiplinger Letter $84.00 Dues; Klaus, M $14.78 Pstg; Kmart $7.44 Su; Koetters, J
$569.08 Tr; Kowalek, G $78.48 Tr; Kriha Fluid Power $66.88 Inv; Kum & Go
$21.50 Su; Laser Art Design $32.00 Various; Lasertec $179.98 Su; Laughlin, K
$360.00 Ded; Law Enforcement News $28.00 Dues; Lawson Products $168.77 Su;
Lincoln Airport Authority $27.50 Su; Lincoln Tent $485.00 Su; Linweld $235.70
Various; Lockmobile $1.60 Su; Logan Contractors $687.90 Inv; Longmore, P $10.00
Reim; Lueck, B $79.82 Ref; Machines & Media $596.50 Su; Magic Cleaning
$600.00 Serv; Maryland Screenprinters $40.25 Su; McCarty, D $494.08 Tr;
McCollistor & Co $381.00 Inv; McMaster-Carr Supply $389.16 Su; MES-Snyder
$923.79 Su; Mid America Specialties $370.68 Su; Midway Chrysler Dodge $94.01
Inv; Midwest Lab $4,481.25 Serv; Midwest Turf $209.73 Various; Milco Environmental
Services $3,600.00 Serv; Miller Signs $1,875.00 Sign; Minitex $447.00 Serv;
Misko Sports $140.40 Su; Mr. Automotive $1,572.25 Various; MSI Systems
Integrators $14,645.39 Serv; Municipal Supply $228.64 Rep; NAFI $40.00 Su; NAPA
$1,012.99 Various; Nat'l Car Rental $221.02 Su; Nat'l Paper Supply $63.16 Su;
NCL of Wisconsion $716.23 Su; NE Child Support $892.18 Ded; NE Crime Commission
$3.00 Tr; NE Dept of Aeronautics $1,470.00 Various; NE Dept of Economic Dev
$50.00 Reg; NE Dept of Revenue $62,036.80 Various; NE Statewide $161.00 Su; NE
Machinery $2,285.35 Various; NE Truck Center $6.30 Inv; NE Wine & Spirits
$36.87 Su; NE Workforce Dev-Dept of Labor $2,759.00 Unemp; NEland Distributors
$1,632.75 Su; Nevco Scoreboard $312.81 Su; Nogg Chemical $814.89 Inv; Northern
Tool $259.98 Su; Northgate Veterinary $253.00 Su; Northwestern Energy $595.47
Serv; Numeridex $773.30 Su; NWA Air $890.70 Tr; NYSCA $80.00 Su; Office Depot
$879.90 Su; Office Max $483.13 Su; Old Home Bakery $50.09 Su; On-Site Mobile
Sharpening $74.01 Su; O'Reilly $616.33 Inv; Oriental Trading $99.35 Su;
Orscheln Farm & Home $794.99 Various; Our Designs $140.95 Su; Overhead Door
$2,801.00 Various; Pacific Battery Systems $209.80 Su; Paramount Linen $122.15
Su; Paul Otto Curb Grinding $72.00 Serv; Payne, B $1,097.99 Tr; Peak, M $27.00
Ref; Pelican $18.70 Su; PEP $48.67 Rep; Pfeiffer, D $320.25 Tr; PGA of America
$637.75 Dues; Pioneer Mfg $984.00 Su; Platte Valley Communications $724.42
Serv; Platte Valley State Bank $1,207.19 Various; Ponca Valley Oil $49.90 Su;
Precision Industries $141.80 Inv; Preferred Mail $153.60 Pstg; Prescott, J
$29.00 Tr; Presto X $193.00 Serv; Priceline Air Ticket $676.70 Tr; Priceline
Car Rental $100.14 Tr; Priceline Hotel $468.98 Tr; Quill $462.30 Su; RDJ
Specialties $156.71 Su; Ready Mixed Concrete $6,584.75 Serv; Reams Sprinkler
Supply $1,601.14 Su; Recorded Books $647.80 Bks; Red Top Cab of Arlington
$52.35 Tr; Rhode Island Novelty $60.75 Su; Riverside Animal Hospital $2,695.55
Serv; Roper's Radiator $185.00 Su; SA Foster Lumber $115.11 Various; Saalfeld,
B $7.73 Ref; Saathoff, J $59.19 Su; Sapp Bros York $21.00 Su; Schanou, J $17.83
Tr; Scheele, D $287.50 Ref; School District #7 $1,475.85 Remittance; Schwan's
$903.89 Su; Seminars Nat'l/Padgett $408.79 Su; SF Analytical Lab $120.00 Serv;
Shamrock Turf Farm $2,800.00 Su; Shepherd, S $15.00 Reim; Sherwin Williams
$124.73 Su; Shirt Shack $552.65 Su; Shoemaker Truck Stop $55.38 Tr; Sign Center
$288.00 Su; Signwarehouse $103.95 Su; Smith, R $270.25 Tr; Snap On Tools
$302.15 Tools; Solid Waste Equipment $7,295.00 Containers; Spellman, J $105.00
Misc; Sprint $193.07 Serv; Steinbrinks Landscaping $439.66 Su; Sterling
Distribution $48.15 Su; Stetson Bldg Products $46.78 Su; Stoneworks $550.00
Serv; Story, G $149.10 Tr; Strategic Insights $1,000.00 Serv; T&B Cleaning
$1,500.00 Serv; Target $37.52 Su; Texoma Golf $256.03 Su; Thome, B $18.60 Tr;
Thompson, K $18.60 Tr; Thompson, L $30.00 Rep; Tielke's Sandwiches $320.32 Su;
Tomark Sports $110.88 Su; Toyne $37.93 Rep; Tractor-Supply $545.88 Various;
Transit Works $51.15 Equip; Trembly, M $563.66 Tr; Tri-City Outdoor Power
$60.57 Su; U Save Foods $204.08 Su; Ultra-Chem $14.27 Su; Union Oil $1,047.29
Inv; Union Pacific $1,500.00 Various; United Air $477.70 Tr; United Distillers
$448.20 Su; University of NE Press $164.71 Bks; UPS $69.55 Pstg; UPS Store
$28.65 Pstg; USA Blue Book $890.06 Su; USPS $73.29 Pstg; Valentino's $67.86 Su;
Van Diest Supply $256.50 Rep; Varda $2,196.66 Misc; Video Store Shopper
$1,593.92 Serv; Village Uniform $217.59 Rep; W.T. Cox Subcription $8,069.85
Bks; Waldenbooks $25.00 Su; Walmart Supercenter $2,828.89 Various; Washington
State Support $102.01 Ded; Wastecorp $390.00 Rep; West Group $964.50 Su; Westin
Whistler $786.56 Su; Wilke Donovan's True Value $179.91 Various; Wilkins
Hinrichs Stober $624.80 Serv; Winfield Concrete Leveling $3,348.00 Rep; Wolfe,
J $15.00 Reim; Xerox $688.02 Serv; Payroll Ending 7-10-2004 -- $274,283.24; and Payroll Ending 7-24-2004 -- $275,354.49.
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.
REMAIN ON TABLE UNTIL AUGUST 10, 2004. Approve the Communications Site Option
and Land Lease Agreement between the City of Kearney and Alltel Communications
of Nebraska, Inc. for a wireless communications facility on Lots 111 through
194 inclusive, 34th Street and 35th Street adjacent to said Lots, all in
Patterson Subdivision to the City of Kearney, Buffalo County, Nebraska
(Memorial Field, 3313 8th Avenue) and approve Resolution No. 2004-122.
RESOLUTION NO. 2004-122
BE IT RESOLVED by the President and
Council of the City of Kearney, Nebraska, that the President be and is hereby authorized
and directed to execute the Site Option and Land Lease Agreement, marked as
Exhibit “1” and attached hereto and made a part hereof by reference, and the
Memorandum of Lease, marked as Exhibit “2” and attached hereto and made a part
hereof by reference, on behalf of the City of Kearney, with Alltel
Communications of Nebraska, Inc.
PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
4.
Receive recommendations of Planning Commission and set August 10, 2004 at 7:30
P.M. as date and time for hearing on those applications where applicable.
5.
Ratify the action taken by the Kearney Municipal Airport Corporation on
approving the bids received on July 23, 2004 for the Crack Seal, Slurry Seal
and Runway Marking for 18/36 Project and approve Resolution No. 2004-130
subject to FAA and NDA concurrence.
RESOLUTION
NO. 2004-130
WHEREAS, Kirkham Michael Engineering Consultants of Lincoln, Nebraska have
reviewed the sealed bids which were opened on July 23, 2004, at 10:00 p.m. for
the Crack Seal, Slurry Seal and Runway Marking for 18/36 Project; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project
was $417,953.00 for the project; and
WHEREAS, the said engineers have
recommended the bid offered by Beachner Construction Company from St. Paul,
Kansas in the sum of $274,569.50 be accepted as the lowest responsible
bids.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of the Kearney
Municipal Airport Corporation that the Engineers recommendation is hereby
accepted and approved, that Beachner Construction Company from St. Paul, Kansas
be and is the lowest responsible bidder for the Crack Seal, Slurry Seal and
Runway Marking for 18/36 Project, to be constructed in accordance with the
plans and specifications on file with the City Clerk and that the bid of
Beachner Construction Company from St. Paul, Kansas in the sum of $274,569.50
be and is hereby accepted for the project subject to FAA and NDA concurrence.
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
the Crack Seal, Slurry Seal and Runway Marking for 18/36 Project in the amount
of $417,953.00 be and is hereby accepted.
BE IT FURTHER RESOLVED that the
President of the Council of the City of Kearney, Nebraska, be and is hereby
authorized and directed to execute contracts for such improvements in
accordance with the bid, plans, specifications, and general stipulations
pertaining thereto.
PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
6.
Ratify the action taken by the Kearney Municipal Airport Corporation on
authorizing the Mayor to execute the Federal Grant Agreement for Project
3-31-0045-13-2004 for the main runway and taxiway rejuvenation project and
approve Resolution No. 2004-131.
RESOLUTION NO. 2004-131
BE IT RESOLVED by the President and
Council of the City of Kearney, Nebraska, that the President be and is hereby
authorized and directed to execute the Federal Grant Agreement, on behalf of
the City of Kearney, Nebraska, a copy of the Agreement, marked Exhibit “1”, is
attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
7.
Ratify the action taken by the Kearney Municipal Airport Corporation on
approving the Purchase Agreement between the City of Kearney and James Criffield,
Personal Representative of the Ola A. Criffield Estate for the 10-Unit T-Hangar
Facility located on the south ramp of the Airport and approve Resolution No.
2004-132.
RESOLUTION NO. 2004-132
BE IT RESOLVED by the President and Council
of the City of Kearney, Nebraska, that the President be and is hereby
authorized and directed to execute the Purchase Agreement, on behalf of the
City of Kearney, Nebraska, a copy of the Agreement, marked Exhibit “1”, is
attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
8.
Ratify the action taken by the Kearney Municipal Airport Corporation on
approving the Aerial Applicator Permit between the Kearney Municipal Airport
and Buffalo Air Service and approve Resolution No. 2004-133.
RESOLUTION NO. 2004-133
BE IT RESOLVED by the President and
Council of the City of Kearney, Nebraska, that the President be and is hereby
authorized and directed to execute the Agreement and Permit for Aeronautical Services,
on behalf of the City of Kearney, with Buffalo Air Service, LLC, a copy of the
Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by
reference.
PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
9.
Ratify the action taken by the Kearney Municipal Airport Corporation on
authorizing the Mayor to execute the Certificate of Title for Project
3-31-0045-13-2004 and approve Resolution No. 2004-134.
RESOLUTION NO. 2004-134
BE IT RESOLVED by the President and
Council of the City of Kearney, Nebraska, that the President be and is hereby
authorized and directed to execute the Certificate of Title for AIP Project No.
3-31-0045-13, on behalf of the City of Kearney, Nebraska, a copy marked Exhibit
“1”, is attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
10.
Approve the request submitted by Colleen Parker to extend Conditional Use
Permit No. 1989-08 to locate a day care on property located at 1920 West 24th
Street for a period of one year.
11.
Approve Change Order No. 1 for a decrease in the amount of $5,782.50,
Application and Certificate for Payment No. 2-Final in the amount of
$110,671.90, and Certificate of Substantial Completion submitted by Blessing,
LLC and approved by Miller & Associates for the 2004 Part III Improvements
– Bid B consisting of Paving Improvement District No. 2004-880 for LaPlatte
Road from Meadow Lane to approximately 160 feet south of Redwood Lane and
approve Resolution No. 2004-135.
RESOLUTION
NO. 2004-135
WHEREAS, Blessing LLC has performed
services in connection with the 2004 Part III Improvements – Bid B consisting
of Paving Improvement District No. 2004-880 for LaPlatte Road from Meadow Lane
to approximately 160 feet south of Redwood Lane, and the City's engineer,
Miller & Associates, have filed with the City Clerk Change Order No. 1
showing a decrease in the amount of $5,782.50 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. 2-Final in the amount of $110,671,90 as shown
on Exhibit “B” attached hereto and made a part hereof by reference and as
follows:
|
Original Contract Sum
|
$152,858.00
|
|
Change Order No. 1 (7-27-2004)
|
- 5,782.50
|
|
Contract Sum To Date
|
147,075.50
|
|
Gross Amount Due
|
147,075.50
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
147,075.50
|
|
Less Previous Certificates for Payment
|
36,403.60
|
|
|
|
|
Current Payment Due
|
$110,671.90
|
WHEREAS, the Engineer and Contractor have now certified to the City Clerk that
work is completed as of June 28, 2004, 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. 1, as
shown on Exhibit “A”, Application and Certificate for Payment No. 2-Final, as
shown on Exhibit “B”, and the Certificate of Substantial Completion, as shown
on Exhibit “C” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY CLERK
12.
Approve Application and Certificate for Payment No. 3 in the amount of
$19,031.67 submitted by Blessing, LLC and approved by Miller & Associates
for the 2004 Part I Improvements Phase II consisting of Paving Improvement
District No. 2004-885 for 30th Avenue from Highway 30 north to 31st Street and
approve Resolution No. 2004-136.
RESOLUTION NO. 2004-136
WHEREAS, Blessing, LLC has performed services in connection with the 2004 Part
I Improvements Phase II consisting of Paving Improvement District No. 2004-885
for 30th Avenue from Highway 30 north to 31st Street, and the City's engineer,
Miller & Associates, have filed with the City Clerk Application and
Certificate for Payment No. 3 in the amount of $19,031.67 as shown on Exhibit
“A” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$1,099,325.50
|
|
|
|
|
Contract Sum To Date
|
1,099,325.50
|
|
Gross Amount Due
|
64,475.75
|
|
Retainage
|
6,447.58
|
|
Amount Due to Date
|
58,028.18
|
|
Less Previous Certificates for
Payment
|
6,615.00
|
|
|
|
|
Current Payment Due
|
$19,031.67
|
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 for Payment No. 3 as shown on Exhibit “A”, be and are hereby
accepted and approved.
PASSED AND APPROVED THIS 27TH DAY OF JULY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
13.
Approve the application for 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 and distilled spirits
in the Exposition Building and the Exhibit Building located at the Buffalo
County Fairgrounds, 3807 Avenue N on October 1, 2004 from 4:00 p.m. until 1:00
a.m., October 2, 2004 from 10:00 a.m. until 1:00 a.m. and October 3, 2004 from
12:00 p.m. until 12:00 a.m. for a rodeo and dance.
14.
Approve the recommendation by the Mayor on the appointment of Randy Schleiger
to serve on the Downtown Improvement Board.
15.
Approve the application for a Special Designated License submitted by STEVE
& JONI PAULSEN, dba “Party Pros Catering” in connection with their Class
D/K-61563 Liquor License to dispense beer, wine and distilled spirits at the
Great Platte River Road Archway Monument, 3060 East 1st Street, on August 26,
2004 from 5:00 p.m. until 11:00 p.m.
V. CONSENT AGENDA
ORDINANCES
None.
VI. REGULAR AGENDA
TRI CITY ARENA CORPORATE MANAGER
APPLICATION
The Application for Corporate Manager for Michelle Kay
submitted by KABB LLC, dba “Tri-City Arena” in connection with their Class
I49859 Liquor License located at 609 Platte Road will remain on the table until
August 10, 2004. No action is necessary.
OPEN ACCOUNT CLAIMS
-- NEBRASKA PUBLIC POWER DISTRICT -- $2,539.00
Moved by Blankenship seconded by Kearney that Open Account
Claims in the amount of $2,539.00 payable to Nebraska Public Power District be
allowed. Roll call resulted as follows: Aye: Blankenship, Kearney,
Buschkoetter, Hadley. Nay: None. Clouse absent. Motion carried.
VII. REPORTS
None.
VIII. ADJOURN
Moved by Blankenship seconded by Kearney that Council
adjourn at 9:06 p.m. Roll call resulted as follows: Aye: Blankenship, Kearney,
Buschkoetter, Hadley. Nay: None. Clouse absent. Motion carried.
BRUCE L. BLANKENSHIP
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK