Kearney, Nebraska
September 14, 2004
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 September 14, 2004, 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: Mike
Malone, Justin Peterson, Steve Miller, Gene McElhinney, Jeff Peterson, Dick
Stacy, Ron Ridgway, Greg Brandt, Larry Butler, Marvion Reichert, Terry Eirich,
Sarah Isaac, Ken Gardner, Pam Gardner, Mike Martinosky, Jori Pearson, George Weidel,
Jim Tacha, Ken Tracy, Jerry Thompson, L.D. Glatter, Lance Lang, Bruce Grupe, Loyd
Andrews, Jim King, Bob Scarborough, Corey Rossell, Paul Brungardt, Matt Krajewski,
Mitch Humphrey, Neal Lewis, Steve Baye, Devin Jones, Todd Gottula from Kearney
Hub, and Julie Hong from NTV.
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
The Mayor and Council held a moment of silent prayer.
PLEDGE OF
ALLEGIANCE
The Kearney Volunteer Fire Department presented the Color
Guard. Boy Scouts Matthew Brown, Zach Seton, and Brad Carr lead the Council
members and audience in the Pledge of Allegiance.
RECOGNITION
Mayor Blankenship and Council Members recognized the
following Kearney Volunteer Fire Department Members. They were each presented a
plaque. Loyd Andrews – 25 years, Ken Gardner – 20 years, Jim King – 5 years,
Sarah Isaac – 5 years, Bob Scarborough – 5 years, and Corey Rossell – 5 years.
ORAL
COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
LAND USE MAP AMENDMENTS – EAST OF 3003 CENTRAL AVENUE
Mayor Blankenship opened the public hearing on the proposed
amendment to the Land Use Map of the City of Kearney Comprehensive Development
Plan from “Medium Density Residential” to “Mixed Use 1” property described as
Lot 506, Southwest Quarter School Section Addition to the City of Kearney,
Buffalo County, Nebraska (east of 3003 Central Avenue) and to consider approval
of Resolution No. 2004-155. Planning Commission recommended approval.
Public Hearings 1 and 2 were discussed together but voted on
separately.
Jori Pearson (Applicant) and Thelma Gale (Owner) are
requesting rezoning of Lot 506, Southeast Quarter School Section Addition, from
District R-2 to District C-0. This lot is the lot adjacent to the east of
3003 Central Avenue. This rezoning request prompts consideration of
changing the future Land Use Map of the City of Kearney Comprehensive
Development Plan.
The rezoning request requires that the future Land Use Map
be amended from “Medium Density Residential’ to “Mixed Use 1.” This land
use category allows for a mixture of land use types ranging from residential to
offices. The proposed use for this lot is a medical office
building. The lot will be combined with the lot to the west to accumulate
sufficient land for development. The proposed land use and zoning is
consistent with land use patterns in the neighborhood as Good Samaritan
Hospital has grown and parking lots and medical clinics have expanded into
adjacent residential areas.
Jori Pearson was present to answer any questions from the
Council.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Blankenship to close the
hearing and approve the proposed amendment to the Land Use Map of the City of
Kearney Comprehensive Development Plan from “Medium Density Residential” to
“Mixed Use 1” property described as Lot 506, Southwest Quarter School Section
Addition to the City of Kearney, Buffalo County, Nebraska (east of 3003 Central
Avenue) and approve Resolution No. 2004-155. Roll call resulted as
follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
RESOLUTION
NO. 2004-155
WHEREAS, an application for a revision of the Land Use Map of the Comprehensive
Plan has been filed in conjunction with and as a requisite part of its
application for a change in the zoning for a tract of land described as Lot
506, Southwest Quarter School Section Addition to the City of Kearney, Buffalo
County, Nebraska (3003 Central Avenue), from “Medium Density Residential” to
“Mixed Use 1”, and
WHEREAS, the said application for change in the Comprehensive Land Use Plan has
been approved by the City Planning Commission, after a public hearing properly
published and held, and
WHEREAS, the City Council has held a public hearing upon the said revision and
voted in favor of a motion to approve the change in the Land Use Plan as
requested by the applicant.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby
amended to change from “Medium Density Residential” to “Mixed Use 1” the use
classification for the area described as a tract of land described as Lot 506,
Southwest Quarter School Section Addition to the City of Kearney, Buffalo
County, Nebraska (3003 Central Avenue).
PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER,
2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
REZONING EAST OF 3003 CENTRAL AVENUE
Mayor Blankenship opened the public hearing on the
Application submitted by Jori Pearson (Applicant) and Thelma Gale (Owner) to
rezone from “District R-2, Urban Residential Mixed-Density District” to
“District C-O, Office District” property described as Lot 506, Southwest
Quarter School Section Addition to the City of Kearney, Buffalo County,
Nebraska (east of 3003 Central Avenue). Planning Commission recommended
approval.
There was no one present in opposition to this hearing.
Moved by Blankenship seconded by Kearney to close the hearing
and approve the Application submitted by Jori Pearson (Applicant) and Thelma
Gale (Owner) to rezone from “District R-2, Urban Residential Mixed-Density
District” to “District C-O, Office District” property described as Lot 506,
Southwest Quarter School Section Addition to the City of Kearney, Buffalo
County, Nebraska (east of 3003 Central Avenue). Roll call resulted as
follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.
Nay: None. Motion carried.
DEVELOPMENT PLAN APPROVAL – NORTHWEST CORNER OF 37TH STREET
AND AVENUE I
Mayor Blankenship opened the public hearing on the
Application submitted by Cash Partnership, Nebraska General Partnership and
Greg Brandt Investments, LLC (Applicant and Owner) for Planned District
Development Plan Approval for the construction of two 6-unit apartment
buildings on property zoned “District R-3/PD, Urban Residential Multi-Family
(Medium Density)/Planned Development Overlay District" and described as
the south six feet of Lot 5, all of Lots 6, 7, 8, 9 of Block 1, Plainview
Subdivision to the City of Kearney, Buffalo County, Nebraska (northwest corner
of 37th Street and Avenue I) and to consider approval of Resolution No.
2004-156. Planning Commission recommended approval.
Cash Partnership, Nebraska General Partnership and Greg
Brandt Investments are requesting approval of Development Plans for two
multi-family buildings with three associated two-car garages at the northwest
corner of the intersection of 37th Street and Avenue I. The two apartment
buildings are six-plexes for a total of 12 living units. This property is
located in a “planned” zoning district thereby requiring review and approval of
Development Plans.
There are five proposed buildings on this site plan, two
apartment buildings with two-car garages attached and three free-standing
garage buildings. Each apartment building has six living units, five
units on the main and upper floors and one basement unit. The living units are
two bedroom and the garages are two-car garages. There are 24 parking
spaces required and 31 provided. 17 spaces are outside parking pad spaces
and 14 spaces are contained in the two car garages. Total impervious
coverage is 66 percent. A Landscape Plan is provided showing 21 trees where
only 16 are required. All trees specified on the plan meet the minimum
size requirements. All landscaped areas will be irrigated. The
buildings will be constructed of brick and siding with asphalt shingles and
will fit well in the neighborhood. There are no architectural elevations
of the proposed garage buildings. The garages shall be constructed of the
same materials and architectural style as the main structures.
Planning Commission recommended approval of the project with
one dissenting vote based on the parking count method including the vehicle on
the driveway as well as in the garage as valid parking spaces. (This method of
calculating parking spaces was approved by Council and adopted as part of the
Code about ten years ago.)
Larry Butler, representing Cash Partnership, and J.B.
Brandt, representing Greg Brandt Investments was present to answer any
questions.
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 Cash Partnership, Nebraska General
Partnership and Greg Brandt Investments, LLC (Applicant and Owner) for Planned
District Development Plan Approval for the construction of two 6-unit apartment
buildings on property zoned “District R-3/PD, Urban Residential Multi-Family
(Medium Density)/Planned Development Overlay District" and described as
the south six feet of Lot 5, all of Lots 6, 7, 8, 9 of Block 1, Plainview
Subdivision to the City of Kearney, Buffalo County, Nebraska (northwest corner
of 37th Street and Avenue I) and approve Resolution No. 2004-156. Roll
call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter,
Hadley, Clouse. Nay: None. Motion carried.
RESOLUTION
NO. 2004-156
WHEREAS, Cash Partnership, a Nebraska Partnership and Greg Brandt Investments,
LLC (Applicant and Owner) have applied for Development Plan Approval for the
construction of two 6-unit apartment buildings on property zoned “District
R-3/PD, Urban Residential Multi-Family District (Medium Density)/ Planned Development
Overlay District” and described as a tract of land described as the south six
feet of Lot 5, all of Lots 6, 7, 8, and 9 of Block 1, Plainview Subdivision to
the City of Kearney, Buffalo County, Nebraska (northwest corner of 37th Street
and Avenue I).
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the application of Cash Partnership, a Nebraska
Partnership and Greg Brandt Investments, LLC (Applicant and Owner) for
Development Plan Approval for the construction of two 6-unit apartment
buildings on property zoned “District R-3/PD, Urban Residential Multi-Family
District (Medium Density)/Planned Development Overlay District” and described
as a tract of land described as the south six feet of Lot 5, all of Lots 6, 7,
8, and 9 of Block 1, Plainview Subdivision to the City of Kearney, Buffalo
County, Nebraska (northwest corner of 37th Street and Avenue I) be approved.
PASSED AND APPROVED THE 14TH DAY OF
SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
LAND USE MAP AMENDMENT – WEST OF CHARRYWOOD STREET AND NORTH
OF W ROAD
Mayor Blankenship opened the public hearing on the proposed
amendment to the Land Use Map of the City of Kearney Comprehensive Development
Plan from “Agricultural” to “Rural Estates” property described as being part of
Government Lot 3 and accretions abutting said Government Lot located in Section
23, Township 8 North, Range 16 West of the 6th P.M., containing 1.93 acres more
or less, Kearney County, Nebraska (west of Cherrywood Street and north of W
Road) and to consider approval of Resolution No. 2004-157. Planning Commission
recommended approval.
Public Hearings 4 and 5 were discussed together but voted on
separately.
James Gregory and Tamara S. Brandt are requesting approval
for a one-lot residential subdivision located west of Cherrywood Street and
north of W Road in Kearney County. This property is on the west side of
the rural residential subdivision on the Platte River known as Brandt’s
Lakewood. The parcel contains an existing single-family home on 10.01
acres. The project requires an amendment to the Land Use Map, rezoning,
vacation, and subdivision platting.
Some changes were made to the lot lines prior to this
proposal being heard by Planning Commission. The area of the proposed lot
was adjusted downward so the legal description advertising the lot area is
sufficient and no readvertising is required.
Land Use Map Amendment and Rezoning
The majority of the land area contained in the proposed lot
was previously rezoned to RR-2. A small portion measuring 1.80 acres is
still zoned Agricultural and must now be rezoned to RR-2 to be a part of this
lot. If the rezoning request is acceptable, the future Land Use Map of
the City of Kearney Comprehensive Development Plan must first be amended to
allow the rezoning. The land use amendment is for the 1.80 acres that has
never been zoned. The land use designation shall be amended from
“Agricultural” to “Rural Estates.” Rural Estates allows for RR-2 zoning.
Vacation
Lot 3, Block 2 of Brandt’s Lakewood 7th Addition must be
vacated to accommodate replatting of this land as “Brandt’s Lakewood Estates.”
Subdivision Plats
The Preliminary Plat was approved by Planning Commission on
August 20, 2004. The Preliminary and Final Plat consist of a one-lot
subdivision to be known as Brandt’s Lakewood Estates. The subdivision
consists of an existing single-family house on a 9.87-acre lot. There are
two outbuildings on the premises. A large agricultural building is
located to the west and south of the residence and a smaller free-standing
garage is located between the ag building and the residence. The proposed
lot line splits the property in such a way that the ag building remains as part
of the 42 acres leftover, while the garage goes with the house.
The lot line between the two outbuildings does not conform
to the required setbacks for accessory buildings. Fifty feet
is required on both sides of the line, for a total of 100 feet between
buildings, and only about seventy feet exists. The subdivision proposal
has been revised so that the larger outbuilding will comply with the fifty-foot
setback. The smaller outbuilding located on the 9.87-acre parcel will be
nonconforming, but a note will be added to the plat recognizing the
nonconforming status and specifying compliance with the setbacks in the future
if the building is ever moved, torn down and reconstructed, or destroyed by an
act of nature and reconstructed.
Planning Commission recommended approval of the project
subject to a note being placed on the Final Plat that if the nonconforming
building goes away for any reason, any new accessory building must comply with
setbacks and all other development standards in place at that time.
Ron Ridgway from Miller & Associates presented this
matter to the Council. These two items are for the west one-fifth of the
subdivision that will be discussed later. This change is to make this portion
the same as the remainder of the subdivision.
There was no one present in opposition to this hearing.
Moved by Clouse seconded by Hadley to close the hearing and
approve the proposed amendment to the Land Use Map of the City of Kearney
Comprehensive Development Plan from “Agricultural” to “Rural Estates” property
described as being part of Government Lot 3 and accretions abutting said Government
Lot located in Section 23, Township 8 North, Range 16 West of the 6th P.M.,
containing 1.93 acres more or less, Kearney County, Nebraska (west of Cherrywood
Street and north of W Road) and approve Resolution No. 2004-157. Roll
call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse,
Kearney. Nay: None. Motion carried.
RESOLUTION
NO. 2004-157
WHEREAS, an application for a revision of the Land Use Map of the Comprehensive
Plan has been filed in conjunction with and as a requisite part of its
application for a change in the zoning for a tract of land being part of
Government Lot 3 and accretion land abutting said lot located in Section 23,
Township 8 North, Range 16 West of the Sixth Principal Meridian, Kearney County,
Nebraska, more particularly described as follows: Referring to the East
One Quarter Corner of said Section 23 and assuming the East line of said
section as bearing NORTH and all bearings contained herein are relative
thereto; thence NORTH on said East line a distance of 1939.54 feet; thence WEST
at right angles from the afore described course a distance of 2082.85 feet to
the Southwest corner of Brandt’s Lakewood Subdivision to Kearney County,
Nebraska, and on the North property line of a public road; thence North 78˚58’35”
West and on the North property line of the aforesaid public road a distance of
670.1 feet; thence North 08˚33’35” East and continuing on the property
line of said public road a distance of 10.0 feet to the ACTUAL PLACE OF
BEGINNING; thence North 83˚33’35” West and continuing on the property line
of said public road a distance of 50.76 feet; thence leaving the North property
line of said public road North 07˚58’19” East a distance of 199.08 feet;
thence North 82˚02’23” West a distance of 110.2 feet; thence North
07˚58’19” East a distance of 373.81 feet; thence North 59˚18’46” East
a distance of 102.95 feet; thence North 87˚44’37” East a distance of 68.3
feet; thence South 05˚11’06” West a distance of 436.59 feet; thence South
10˚06’24” West a distance of 212.02 feet to the place of beginning,
containing 1.80 acres, more or less, all in Kearney County, Nebraska (west of Cherrywood
Street and north of W Road), from “Agricultural” to “Rural Estates”, and
WHEREAS, the said application for change in the Comprehensive Land Use Plan has
been approved by the City Planning Commission, after a public hearing properly
published and held, and
WHEREAS, the City Council has held a public hearing upon the said revision and
voted in favor of a motion to approve the change in the Land Use Plan as
requested by the applicant.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby
amended to change from “Agricultural” to “Rural Estates” to “Mixed Use 1” the
use classification for the area described as a tract of land being part of
Government Lot 3 and accretion land abutting said lot located in Section 23,
Township 8 North, Range 16 West of the Sixth Principal Meridian, Kearney
County, Nebraska, more particularly described as follows: Referring to
the East One Quarter Corner of said Section 23 and assuming the East line of
said section as bearing NORTH and all bearings contained herein are relative
thereto; thence NORTH on said East line a distance of 1939.54 feet; thence WEST
at right angles from the afore described course a distance of 2082.85 feet to
the Southwest corner of Brandt’s Lakewood Subdivision to Kearney County,
Nebraska, and on the North property line of a public road; thence North
78˚58’35” West and on the North property line of the aforesaid public road
a distance of 670.1 feet; thence North 08˚33’35” East and continuing on
the property line of said public road a distance of 10.0 feet to the ACTUAL
PLACE OF BEGINNING; thence North 83˚33’35” West and continuing on the
property line of said public road a distance of 50.76 feet; thence leaving the
North property line of said public road North 07˚58’19” East a distance of
199.08 feet; thence North 82˚02’23” West a distance of 110.2 feet; thence
North 07˚58’19” East a distance of 373.81 feet; thence North
59˚18’46” East a distance of 102.95 feet; thence North 87˚44’37” East
a distance of 68.3 feet; thence South 05˚11’06” West a distance of 436.59
feet; thence South 10˚06’24” West a distance of 212.02 feet to the place
of beginning, containing 1.80 acres, more or less, all in Kearney County,
Nebraska.
PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER,
2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
REZONING WEST OF CHERRYWOOD STREET AND NORTH W ROAD
Mayor Blankenship opened the public hearing on the
Application submitted by Ron Ridgway (Applicant) for James Gregory and Tamara
S. Brandt (Owner) to rezone from “District AG, Agricultural District” to
“District RR-2, Rural Residential District (Intermediate Standards)” property
described as being part of Government Lot 3 and accretions abutting said
Government Lot located in Section 23, Township 8 North, Range 16 West of the
6th P.M., containing 1.93 acres, more or less, Kearney County, Nebraska (west
of Cherrywood Street and north of W Road). 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 Ron Ridgway (Applicant) for
James Gregory and Tamara S. Brandt (Owner) to rezone from “District AG,
Agricultural District” to “District RR-2, Rural Residential District
(Intermediate Standards)” property described as being part of Government Lot 3
and accretions abutting said Government Lot located in Section 23, Township 8
North, Range 16 West of the 6th P.M., containing 1.93 acres, more or less,
Kearney County, Nebraska (west of Cherrywood Street and north of W Road).
Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried.
DEVELOPMENT PLAN APPROVAL – SOUTH CORNER OF 28TH AVENUE AND
35TH STREET
Mayor Blankenship opened the public hearing on the
Application submitted by Gene McElhinney (Applicant) for New West Properties,
LLC and James K. Hunt (Owners) for Planned District Development Plan Approval
for the construction of a duplex complex on property zoned “District C-O/PD,
Office/Planned Development Overlay District" and described as Lot 1
together with part of Lot 2, Marianne Hunt Addition to the City of Kearney,
Buffalo County, Nebraska (south corner of 28th Avenue and 35th Street) and to
consider approval of Resolution No. 2004-158. Planning Commission recommended
approval.
Gene McElhinney (Applicant) for New West Properties, LLC and
James K. Hunt (Owner) are requesting approval of Development Plans for a duplex
development that will be divided into condominiums south of 35th Street and
west of 27th Avenue. The recently approved duplex development known as
“Grace Addition” abuts the proposed development on the east side. The
applicant proposes 10 duplex structures for a total of 20 living units on 3.75
acres. This property is located in a “planned” zoning district thereby
requiring review and approval of Development Plans.
The ten duplex buildings are arranged around a private road
that acts as a cul-de-sac and provides access to the driveways and
garages. The private road is divided with a 32-foot wide landscaped
median in the middle. This median is sloped downward to the middle to
provide a sump area for collection of stormwater. The condos feature two
car garages with space for two more cars on each driveway and 12 additional
stalls for visitors. A Public Works Plan and Landscape Plan have been
submitted. There are four different buildings proposed, each one utilizing a
different mix of materials, colors and architectural style. These
buildings will fit nicely into the mixed-use character of this neighborhood. A
Minor Subdivision will be required before any building permits are issued.
Paul Brungardt from Brungardt Engineering presented this
matter to the Council. Mr. McElhinney proposes to put up ten duplexes in a
horseshoe single lane drive with some off street parking.
Sanitation and water will be provided from the existing utilities off 35th
Street. All site drainage will be contained in two drain cells located on
the inside of the median inlet which will be discharged into the storm sewer
system.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Blankenship to close the
hearing and approve the Application submitted by Gene McElhinney (Applicant)
for New West Properties, LLC and James K. Hunt (Owners) for Planned District
Development Plan Approval for the construction of a duplex complex on property
zoned “District C-O/PD, Office/Planned Development Overlay District" and
described as Lot 1 together with part of Lot 2, Marianne Hunt Addition to the
City of Kearney, Buffalo County, Nebraska (south corner of 28th Avenue and 35th
Street) and approve Resolution No. 2004-158 subject to a minor subdivision
shall be filed with the City and recorded at the Buffalo County Register of
Deeds prior to the issuance of any building permits. Roll call resulted
as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.
Nay: None. Motion carried.
RESOLUTION
NO. 2004-158
WHEREAS, Gene McElhinney (Applicant) for New West Properties, LLC and James K.
Hunt (Owners) have applied for Development Plan Approval for the construction
of a duplex complex on property zoned “District C-0/PD, Office/Planned
Development Overlay District” and described as a tract of land described as Lot
1, together with part of Lot 2, Marianne Hunt Addition, an addition to the City
of Kearney, Buffalo County, Nebraska, with that part of Lot 2 in said Marianne
Hunt Addition being more particularly described as follows: beginning at the
southeast corner of Lot 2, Marianne Hunt Addition, and assuming the east line
of Marianne Hunt Addition as bearing N00°43’25”E and all bearings contained
herein are relative thereto; thence N00°43’25”E and on the east line of Lot 2
in said Marianne Hunt Addition, a distance of 280.0 feet to the northeasterly
corner of said Lot 2, said point also being the southeast corner of Lot 1 in
said Marianne Hunt Addition; thence N89°33’52”W and on the line common to the
south line of said Lot 1 and the northerly line of said Lot 2, a distance of
272.25 feet to the southwest corner of said Lot 1; thence S00°43’25”W on the
west line of said Lot 1 (if extended southerly) a distance of 280.0 feet to a
point on the south line of said Lot 2; thence S89°33’52”E and on the south line
of said Lot 2 a distance of 272.25 feet to the place of beginning all in Buffalo
County, Nebraska (south corner of 28th Avenue and 35th Street).
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the application of Gene McElhinney (Applicant) for New
West Properties, LLC and James K. Hunt (Owners) for Development Plan
Approval for the construction of a duplex complex on property zoned “District
C-0, Office/Planned Development Overlay District” and described as a tract of
land described as Lot 1, together with part of Lot 2, Marianne Hunt Addition,
an addition to the City of Kearney, Buffalo County, Nebraska, with that part of
Lot 2 in said Marianne Hunt Addition being more particularly described as
follows: beginning at the southeast corner of Lot 2, Marianne Hunt Addition,
and assuming the east line of Marianne Hunt Addition as bearing N00°43’25”E and
all bearings contained herein are relative thereto; thence N00°43’25”E and on
the east line of Lot 2 in said Marianne Hunt Addition, a distance of 280.0 feet
to the northeasterly corner of said Lot 2, said point also being the southeast
corner of Lot 1 in said Marianne Hunt Addition; thence N89°33’52”W and on the
line common to the south line of said Lot 1 and the northerly line of said Lot
2, a distance of 272.25 feet to the southwest corner of said Lot 1; thence
S00°43’25”W on the west line of said Lot 1 (if extended southerly) a distance
of 280.0 feet to a point on the south line of said Lot 2; thence S89°33’52”E
and on the south line of said Lot 2 a distance of 272.25 feet to the place of
beginning all in Buffalo County, Nebraska (south corner of 28th Avenue and 35th
Street) be approved subject to a minor subdivision shall be filed with the City
and recorded at the Buffalo County Register of Deeds prior to the issuance of
any building permits.
PASSED AND APPROVED THE 14TH DAY OF
SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
AMEND SECTION 59-103 “CONDITIONAL USE PERMIT PROCEDURE”
Mayor Blankenship opened the public hearing on the proposed
amendment to Section 59-103 “Conditional Use Permit Procedure” of Chapter 59
“Administration and Procedures” of the Unified Land Development Ordinance,
being a part of the Kearney City Code to require a public hearing before the
Planning Commission and after such hearing a report shall be submitted to the
City Council who will then hold a public hearing providing for public review
and discretionary City Council approval for all Conditional Use Permits.
Planning Commission recommended approval.
City Planner Lance Lang presented this matter to the
Council. This item was discussed at the July and August Planning Commission
meetings. Direction from the Planning Commission was to revise the
language in this chapter so the Conditional Use Permits (CUP’s) require review
and recommendation from the Planning Commission and review and approval by the
City Council.
CUP procedures now require the Planning Commission to make
the final motion for a CUP with an appeal process in place to appeal the
Planning Commission decision to City Council. At the Planning Commission
meeting it appeared that a majority of Commissioners wish to return to the
previous procedures requiring both Planning Commission recommendation and final
action by City Council, with an appeal to District Court. No reference of
the district court appeal process is made in the proposed draft revisions as it
is a right available to an aggrieved party as part of the due process afforded
by state law. The City Attorney and staff do not see any reason to
include these procedures in Chapter 59. All references to final approval
by Planning Commission and appeal to City Council have been removed. The
proposed revisions allow for public hearings before both the Planning
Commission and the City Council. The Planning Commission makes a
recommendation and has the power to attach conditions to the permit as they
wish. The City Council has the final authority on the application and can
accept or deny, or add to the conditions specified by Planning
Commission. No changes are proposed to Table 59-1 which establishes the
criteria for an acceptable CUP application. Likewise, no changes were
made to the use matrix table in Chapter 14 that identifies which uses are
permitted by right and which uses require conditional use permits.
There was no one present in opposition to this hearing.
Moved by Blankenship seconded by Kearney to close the
hearing and approve the proposed amendment to Section 59-103 “Conditional Use
Permit Procedure” of Chapter 59 “Administration and Procedures” of the Unified
Land Development Ordinance, being a part of the Kearney City Code to require a
public hearing before the Planning Commission and after such hearing a report
shall be submitted to the City Council who will then hold a public hearing
providing for public review and discretionary City Council approval for all
Conditional Use Permits. Roll call resulted as follows: Aye:
Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None.
Motion carried.
PRELIMINARY FINDS OF TRANSPORTATION PLAN UPDATE PROJECT
Mayor
Blankenship opened the public hearing on the presentation of the preliminary
findings and recommendations of the City of Kearney Transportation Plan Update
Project which will be incorporated into the City of Kearney Comprehensive Plan
and to consider approval of Resolution No. 2004-159. Planning Commission recommended
accepting the preliminary findings for the City of Kearney Transportation Plan
Project and recommended that the City of Kearney Transportation Plan Update
Project be incorporated into the City of Kearney Comprehensive Plan.
On
August 12, 2004 a presentation of the findings and recommendations from this
study was made to the City Council and Planning Commission members. The
presentation was approximately two hours in length. The detailed
presentation was held to educate the City’s decision makers about
transportation planning in Kearney and the results of a computer aided
transportation study. Following is a review of the steps that lead up to
the presentation.
In
2003 the City of Kearney Public Works Department applied for a financial grant for
the Comprehensive Plan Assistance Program through the Nebraska Department of
Roads (NDOR). The purpose of this program is to encourage local
communities to engage in long range transportation planning. NDOR paid 80
percent of the cost of the study and the City matched 20 percent. This
study basically takes the transportation information that Marty Shukert
developed for the Comprehensive Development Plan to a higher level.
The
City and NDOR issued a Request for Proposals from interested engineering consultants
to perform the transportation study, computer model, and prepare a long-range
transportation plan. The selected consultant is Olsson Associates.
For the past year, Olsson representatives have been analyzing the city
transportation network and with the assistance of Lima and Associates from
Phoenix, Arizona, the team has produced a computerized traffic model to assist
in the traffic planning efforts.
The
model is based on the existing street network, existing traffic volumes, and
existing land uses. Once the model is calibrated to replicate existing
conditions the engineers can input future conditions into the model that will
affect transportation processes and outcomes. Based on population
predictions and the resulting increase in traffic, the model can pinpoint
future traffic problems. As alternative transportation projects are considered,
the model will show how each alternative affects the street network, either
reducing or increasing traffic on certain roadway segments and intersections.
The model runs on Transcad which is the same traffic modeling software that
NDOR uses. Therefore, the model will continue to be helpful into the
future as the City and NDOR analyze the street network for future improvements.
Eight
alternatives were tested by the consultants to analyze the affect of each
alternative and to formulate a series of findings and recommendations that are
broken down into short, mid and long-term time frames. Of special concern
from staff standpoint were recommendations that can be implemented immediately
with minimal cost impacts, and recommendations for intersection and access
point spacing.
Mike Malone from Olsson Associates presented this matter to
the Council. He presented a brief overview of the plan. Phase I of
the project is now completed which was basically to develop a Long Range
Transportation Plan. The key element was the development of the TransCAD model,
which is a computer land use and transportation based model.
Phase II is a data collection element that is currently
underway. This will look at signal timing and speed limit
recommendations. He pointed out the area being presented includes the
future functional classification system map for the community, which builds off
the existing map, alternative transportation elements, preliminary costs
estimates from a planning level tool (not based on engineering costs), access
management policy, which consists of spacing of streets, signals, median
openings, etc. One objective of the plan is to progress traffic through
signals and to remove conflicts and keep things out of operational areas of
intersections so there are not too many closely spaced drives.
The alternative transportation elements include transit,
trails, aviation and intelligent transportation systems, which is the
application of technology to transportation. These elements are outside
of the actual roadway improvements.
Mr. Malone stated the immediate recommendations were
determined from a handful that crossed between short, mid and long-range
improvements that are relatively low cost and would have some immediate impact.
These recommendations are: an access management study, complete left turn
lane alignment improvements and median opening improvements, update traffic
signal equipment, re-stripe 48 feet roadways from 2-lane to 4-lane sections,
implement speed limit/signal timing recommendations and geometric improvement
at Highway 30/UNK Drive, and re-stripe Central Avenue from 12th Street to 16th
Street to 3-lane sections.
Short-term recommendations include improvement to the
grading along 39th Street near 2nd Avenue and extending left turn lanes at the
25th Street and 2nd Avenue intersection. Construction under the short-term is
for the Cherry Avenue interchange from I-80 and the roadway expansions in the
Rolling Hills area.
Mr. Malone stated in the mid-term, the primary
recommendation was to conduct environmental and feasibility studies that would
go with a west bypass on the 30th Avenue alignment with an interchange
potentially at Interstate 80. Other intersection improvements would be along
Coal Chute Road and realigning or reconstructing the Archway road at the Avenue
M intersection, which could be combined with a state project.
The long-term recommendations were suggestions of a couple
of railroad viaducts on 5th Avenue and Central Avenue depending on the
continued operations of the railroad in those areas. Another suggestion
was to potentially reconstruct Grand Avenue to provide a smoother transition to
Avenue Q and the west bypass from I-80 along the 30th Avenue
alignment.
Mr. Malone stated that this report would be available to the
public at the City Library, City Hall and on the City Website. City
Planner Lance Lang stated that this plan is a continuation of what Marty Shukert
started with the 2002 Comprehensive Plan. This report will ultimately be
on CD at the Building and Zoning Department and copies will be available upon
request.
Council member Clouse asked if these immediate items would
be implemented on approval of this plan. He believed that closing some of
the medians on the left turns was of immediate importance. Director of
Public Works Rod Wiederspan stated that most of those medians are on the state
highway system and the City has to work with the State Department of
Roads. Kearney does have a project in the State plan to address those
medians in the One and Six Year Plan for the State. He stated that the
City is looking at improving that section of Highway 30 in the near
future. A line painter has been hired to begin striping those to 4-lane
roads on Avenue M south of the Overpass and 11th Street from Avenue M to
Central Avenue. They are being driven as 2-lanes but are actually 4-lane
in width. They will implement what they can as soon as possible.
Mayor Blankenship stated that there has been a great deal of
interest in the synchronization of the traffic signals and asked when that
might be completed. Mr. Malone stated that the schedule is to develop the
timing plans and to work with City and State staff through the end of the year
and be ready to be implemented after the first of the year.
City Planner stated that the City has been working on its
relationship with NDOR. This is important because of the fact that the City has
the two highways going right through Kearney. Director of Public Works
stated that with the recommendations that the City has from the consultants, it
can go to the State and see how it can move these projects ahead since the
study was done as a joint project. Mayor Blankenship expressed his appreciation
to the State for their $75,000 investment to help fund the study done by Olsson
Associates.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Clouse to close the hearing and
approve the presentation of the preliminary findings and recommendations of the
City of Kearney Transportation Plan Update Project which will be incorporated
into the City of Kearney Comprehensive Plan and approve Resolution No.
2004-159. Roll call resulted as follows: Aye: Blankenship,
Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.
RESOLUTION NO. 2004-159
WHEREAS, the City of Kearney has been experiencing significant growth
throughout recent years; and
WHEREAS, the City of Kearney must make every effort to plan the growth of its
transportation network ahead of the population surge; and
WHEREAS, the City of Kearney entered into an agreement with the Nebraska
Department of Roads to hire a consulting engineering team to evaluate the
streets and traffic in the City of Kearney and prepare a traffic forecasting
model for the transportation network within the City’s jurisdiction; and
WHEREAS, Olsson Associates was the consulting team working on this project and
has provided the City with the Final Report.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that the “City of Kearney Transportation Plan Update” dated
September 2004 be and is hereby adopted as a companion document to the City of
Kearney Comprehensive Plan Update. A copy of the Final Report, marked as
Exhibit “A” is attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
ADOPTING 2004-2005 CITY OF KEARNEY BUDGET
Mayor Blankenship opened the public hearing for the purpose
of adopting the City of Kearney Budget for the 2004-2005 Fiscal Year. Planning
Commission recommended approval of the capital expenditures as presented by
City staff.
Public Hearings 9 and 10 were discussed together but voted
on separately.
Director of Finance and Administration Wendell Wessels
presented this matter to the Council. Pursuant to Neb. Rev. Stat. Section
13-506, the City Council is required to conduct a public hearing on the City of
Kearney proposed budget and the City of Kearney Offstreet Parking District No.
1 proposed budget for the 2004-2005 fiscal year.
The public hearing is a process where the City Council hears
support, opposition, criticism, suggestions or observations of taxpayers
relating to the proposed Budget Document. The City Council should review
the 2004-2005 Budget Document and bring it to the City Council public
hearings. After the Budget Document is reviewed and the public hearings
are conducted, Ordinance No. 7116 should be passed and approved on the Regular
Agenda. Ordinance No. 7116 legally adopts the Budget Document and
appropriates sums of money contained in the Budget Document for the necessary
expenses and liabilities of the City of Kearney.
Pursuant to the Nebraska Budget Act (State Statute 13-508),
the City of Kearney is required to file the 2004-2005 adopted budget, after a
public hearing, with the Buffalo County Clerk and the State of Nebraska Auditor
of Public Accounts on or before September 20, 2004.
The 2004-2005 Budget has been built on conservative
financial principals that reflect staff commitment to maintaining necessary
services, improving the quality of the operation of the City, and keeping
expenditures and taxes as low as possible.
The City Council is required to conduct a public hearing
concerning the budget for the City of Kearney and the City of Kearney Offstreet
Parking District No. 1 pursuant to State Statutes. Therefore, the only
alternative for the City is to conduct the public hearings and adopt, or amend
and adopt as amended, the City of Kearney Annual Operating Budget and Program
of Services for the fiscal year beginning on October 1, 2004 and ending on
September 30, 2005. Additionally, Ordinance No. 7116 will need to be
passed and approved on the Regular Agenda.
The first item discussed was the summary of expenditures,
Enterprise Fund capital outlay was $10,519,000 and total capital outlay is a
little over $17,500,000 for next year. Personnel was the next largest part
of the budget. Included in the personnel budget is a three percent cost of
living increase for all City employees, two community service officers, a
firefighter operator and a Park & Rec facilities maintenance worker.
The revenue part of the budget includes taxes, licenses,
services, transfers which equal $51,211,000 (less transfers would equal
$38,555,000). He explained that the City could spend $49,000,000 even
though it is only bringing in $39,000,000 because the difference of $10,000,000
is money that has already been collected in prior years that is carried over
for projects in the 2004-2005 Budget. Sales tax represents approximately
60 percent of the City revenue, property tax about 18.5 percent, occupation tax
about 11 percent, motor vehicle tax 6 percent and in lieu of tax about 4
percent. The tax requirement is $1,578,208, which gives a tax levy of
about 13.38 cents per $100. The tax levy on a $100,000 home would be
$133.80; compared to 2003, it is about a $10 increase. The only change from
what was proposed in July is the valuation from 5 percent to 8.3 percent.
This is a good change because it brought down the levy a little from what was
thought it would be in July.
There are two lids, the spending lid and the levy lid.
The 2.5 percent base limitation allowance is approximately $150,000. If
the Council approves the one percent increase, the allowable amount is
$60,246. The two total approximately $211,000 which we can be allowed
under the 3.5 percent. The levy lid allowed for Kearney is 45 cents and
the City is at 13 cents. Allowable growth was one percent for lid
purposes out of the eight percent total growth and valuation, which includes
new construction, annexation, building, etc. The other seven percent is
for increases in market values.
There was no one present in opposition to this hearing.
Moved by Clouse seconded by Hadley to close the hearing and
adopt the City of Kearney Budget for the 2004-2005 Fiscal Year. Roll call
resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
ADOPTING 2004-2005 OFFSTREET PARKING DISTRICT NO. 1 BUDGET
Mayor Blankenship opened the public hearing for the purpose
of adopting the City of Kearney Offstreet Parking District No. 1 Budget for the
2004-2005 Fiscal Year.
Director of Finance and Administration stated the Offsteet
Parking budget has changed very little since last year. The property tax
asking is $25,000 and the miscellaneous occupation tax is $10,700. These
amounts have been the same for the last 18 years. By law, the City must
hold a public hearing on this budget regardless if it remains the same or not.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Buschkoetter to close the hearing
and adopt the City of Kearney Offstreet Parking District No. 1 Budget for the
2004-2005 Fiscal Year. Roll call resulted as follows: Aye:
Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None.
Motion carried.
2004 PROPERTY TAX LEVY
Mayor Blankenship opened the public hearing for the purpose
of setting the 2004 City of Kearney property tax levy at a different amount
than the preliminary property tax levy set for the City of Kearney by the
Buffalo County Clerk and to consider approval of Resolution No. 2004-160.
Director of Finance and Administration Wendell Wessels
presented this matter to the Council. Neb. Rev. Stat. Section 77-1601.02
(R.R.S. 1943) requires political subdivisions of the State of Nebraska to
conduct a Special Public Hearing to set the 2004 property tax request if the
request is going to be different than the 2003 property tax request. The
same statutes include a provision stating that the property tax request for
2003 will be the property tax request for 2004 unless the political subdivision
passes by a majority vote a resolution setting the property tax request at a
different amount.
Resolution No. 2004-160 sets the property tax request for
2004. The 2004-2005 City of Kearney Budget includes a property tax
requirement of $1,280,265.93 for the General Fund, and a property tax
requirement of $297,942.00 for the Public Safety Tax Anticipation Bond
Fund. The 2004 property tax requirements are different than the 2003
property tax requirements; therefore, a Special Public Hearing is required to
set the 2004 property tax requirement.
Pursuant to the Nebraska Budget Act (State Statute
77-1601.02), the City of Kearney is required to conduct a Special Public
Hearing to set the 2004 property tax request if the request is going to be
different than the 2003 property tax request.
The 2004 property tax requirement is different than the 2003
property tax requirement, therefore, a public hearing is required. After
the public hearing, the City Council is required to pass a resolution, by a
majority vote, setting the property tax request for 2004.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Blankenship to close the
hearing and approve setting the 2004 City of Kearney property tax levy at a
different amount than the preliminary property tax levy set for the City of
Kearney by the Buffalo County Clerk and approve Resolution No. 2004-160.
Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter,
Hadley, Clouse. Nay: None. Motion carried.
RESOLUTION
NO. 2004-160
WHEREAS, Neb. Rev. Stat. Section 77-1601.02, (R.R.S. 1943), as amended),
authorizes the City Council to set the 2004 property tax request for the City
of Kearney; and
WHEREAS, the Mayor and City Council of the City of Kearney Nebraska hereby
finds and determines that it is in the best interests of the City of Kearney
that a 2004 property tax request be set for the City of Kearney.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Kearney, Nebraska, that, pursuant to the provisions of Neb. Rev.
Stat. Section 77-1601.02 (R.R.S. 1943) an All-Purpose Tax Request of
$1,280,265.93 is set for the fiscal year beginning the 1st day of October, 2004
and ending on the 30th day of September, 2005 for the purpose of equipping,
maintaining and paying the departments of the City of Kearney.
BE IT FURTHER RESOLVED by the Mayor
and City Council of the City of Kearney, Nebraska, that, pursuant to the
provisions of Neb. Rev. Stat. Section 77-1601.02 (R.R.S. 1943), a Special Tax
Request of $297,942.00 is set for the fiscal year beginning the 1st day of
October, 2004 and ending the 30th day of September 2005 for the purpose of
paying off bonds authorized by Neb. Rev. Stat. Section 18-1202 (R.R.S. 1943).
BE IT FURTHER RESOLVED that the City Clerk is hereby ordered to certify said
request to the Buffalo County Clerk in order that the same may be placed on the
property tax rolls and be collected in the manner provided by law.
BE IT FURTHER RESOLVED that all
ordinances and resolutions or parts if ordinances and resolutions in conflict
herewith are hereby repealed.
BE IT FURTHER RESOLVED that this
Resolution shall be in full force and effect October 1, 2004, and shall be
published in pamphlet form.
PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
IV. CONSENT AGENDA
Council member Kearney stated he would be abstaining because
of a conflict of interest with regard to Subsection 10 since Kearney State Bank
is a designated depository.
Moved by Blankenship seconded by Clouse that Subsections 1
through 9 and 11 through 19 of Consent Agenda Item IV be approved. Roll
call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse.
Nay: None. Kearney abstained. Motion carried.
1. Approve
Minutes of Regular Meeting held August 24, 2004.
2. Approve
the following Claims: A Leisure Store $42.00 Su; AAA Wholesale Trophies $414.00
Su; Ace Hardware $380.50 Various; AFLAC $1,649.72 Ded; Agent Fee $20.00 Tr; Air
Pac $160.00 Su; Al Jon $23.07 Inv; Allied Systems $31.40 Su; Alltel $1,535.05 Serv;
Amazon $7.48 Bks; Amer Legion Emblem $533.74 Su; Amer Electric $321.33 Su; Amer
Library Association $58.50 Su; AMZ Superstore $102.64 Bks; Armor Holdings
Forensics $57.45 Serv; Artic Refrigeration $2,586.72 Serv; Artisans $15.98 Rep;
Aspen $159.86 Su; Assistive Technology $144.50 Su; Authorhouse $43.41 Bks;
Baker & Taylor $2,299.62 Su; BBC Audiobooks $70.00 Bks; Becker, G $15.00
Inv; Bennett, T $1,229.06 Serv; Best Lock $1,174.57 Su; BG Peterson $68.03 Su;
Bickford Delbert $40.00 Ref; Big Flag $60.06 Inv; Blessing $137,674.16 Serv; BlueCross
BlueShield $19,988.28 Claims; Bobs Superstore $494.04 Various; Boogaarts $35.51
Su; Books on Tape $293.60 Bks; Bosselman Oil $26,154.88 Various; Bound to Stay
Bound Books $2,239.14 Bks; Buckle $381.00 Su; Buffalo Co Attorney $11,250.00 Serv;
Buffalo Co Register of Deeds $704.00 Serv; Buffalo Co Sheriff $82,488.77 Serv;
Buffalo Co Court $849.03 Ded; Buggy Bath $8.00 Rep; Builders $1,524.85 Various;
Cabela's $63.19 Su; Canada Life Assurance $2,434.98 Ded; Cary, M $4.69 Ref;
Casey's $59.85 Tr; Cash-Wa $66.85 Various; CDW Govt $1,117.54 Su; CED
Enterprises $47.57 Su; Centaur $117.15 Su; Central Fire $1,738.30 Various;
Central Hydraulic $319.16 Various; Central NE Bobcat $67.83 Inv; Central NE
Equipment $246.95 Su; Centurion Tech $269.40 Su; CHAD $8.00 Ded; Charter
Communications $65.47 Serv; Chi Omega $100.00 Ref; City of Ky $1,194,488.39
Various; CLH $309.00 SerClifford of Vermont $717.90 Su; Cold Spring Granite
$99.99 Su; College Directory $650.00 Su; College Savings Plan of NE $65.00 Ded;
Com Action Partnership $59.00 SerComplete Music $220.00 SerComputer Hardware
$177.77 Su; Computer Warehouse #4 $63.55 Su; Conseco Life Insurance $38.00 Ded;
Const Rental $1,973.29 Various; Copycat $221.12 Su; Crescent Electric $394.15
Su; Crocker Monogramming $56.00 Cla; Crossroads $1,506.34 Various; Crown Awards
$82.14 Su; Crumrine, J $23.49 Ref; CT Farms $9.39 Ref; DJ Inkers $26.95 Su; Dannehl's
Feed $112.85 Su; Davis Sun Turf $63.48 Rep; Dell $5,535.28 Various; Delta Cases
$311.03 Equip; Demco $630.32 Su; Dempcy, D $40.00 Tr; Designer Craft $2,747.30
Rep; Deterdings $162.62 Various; Diamond Groundskeeper $1,700.00 Serv; Diamond
Vogel $208.85 Inv; Dieken, D $7.35 Ref; Displays 2 Go $74.93 Su; Double M Farms
$2,000.00 Serv; DPC $3,465.80 Su; Dugan $392.84 Su; Dutton-Lainson $5,705.01
Various; Eakes $2,589.28 Various; Earl May $17.96 Su; Eckhout, H $23.49 Ref;
Ecolab Pest $27.00 Su; EDM Equipment $2,799.56 Various; Eileen's $116.25 Su; Einspahr,
J $40.00 Tr; Eirich, T $50.00 Reim; Elliott Eqiupment $111.42 Su; Enslow
$462.65 Bks; Expedia $5.00 Su; Expression Wear $60.00 Su; Fairbanks Intl
$220.70 Inv; Farmers Union $622.69 Su; Fastenal $568.82 Various; Fiddelke Htg
$51.50 Su; Fireguard $9,606.12 Various; Footjoy $644.26 Inv; Fore Reservations
$995.00 Su; Foster, T $40.00 Tr; Fox, M $20.90 Ref; Fraber, K $25.00 Serv; Freburg,
N $184.62 Ded; Fremont Nat'l Bank $34,548.26 Ded; Frontier $12,683.30 Serv; Frontierair
$503.20 Su; FTS $769.72 Su; Gangwish Turf $1,194.48 Various; Garrett Tires
$1,185.36 Various; Gas & Shop $20.00 Tr; Gaylord Bros $151.38 Su; General
Traffic Controls $143.39 Su; Gibson, Ardis $1,500.00 Easement; Gopher Sport
$167.74 Su; Gordon's $985.93 Various; GFOA $20.00 Su; Govt Training Inst
$250.00 Tr; Grabau, M $2.23 Ref; Graham Tire $736.72 Various; Grainger.Com
$1,143.02 Su; Grand Central IGA $19.05 Su; Great Amer Outdoor $28.85 Rep; Great
Plains One-Call $373.47 Serv; Great Plains Safety $3,650.00 Serv; H & G Cleaners
$264.67 Serv; H & H Distributors $1,598.90 Su; Hach $491.40 Rep; Hand, D
$7.73 Ref; Hart, S $10.35 Tr; Hartman, M $47.72 Ref; Hastings Ent $12.35 Su;
Hastings Fire $180.00 Tr; Hattens Electric $223.31 Su; Hertz $327.02 Tr; Highsmith
$25.50 Su; Hilton Hotels $124.85 Tr; Hobby Lobby $126.80 Su; Hoehner Turf
$6,720.00 SerHoliday Inn Express $891.04 Tr; Holmes Plbg $874.69 Various; Hornady
$4,021.00 Su; Horner, C $15.56 Ref; Hotsy $42.18 Su; Hydro Cleaning Systems
$1,025.00 Serv; I 80 Eppley Express $255.00 Tr; IBM $246.84 Su; ICMA $664.00
Dues; ICMA RC $3,040.97 Ded; ILEETA $45.00 Tr; Independence Care Underwriting
$19,109.22 Ins; Inkjet Orders $122.00 Su; IRS $82,602.52 Ded; Int'l Personnel
Mgmt $299.00 Su; Irrigation Design Assoc $1,790.83 Su; ISDN $14.95 Su; Jack Lederman
$812.20 Su; Jack's Uniforms $4,144.10 Su; Jacobi's Carpet One $15.18 Su; James
Publishing $59.99 Su; Jefferson Pilot Finance $1,757.01 Ins; Jesco Wholesale
Electric $641.17 Su; Johnsen Corrosion $2,694.45 Serv; Johnson Hardware $45.00
Su; Johnson, A $84.65 Tr; JRs Western $30.00 Su; K&K $280.43 Various; K
Mart $51.56 Su; Kahle, A $34.50 Tr; Ky Area Chamber of Commerce $35,854.92
Various; Ky Area Solid Waste Agency $59,322.50 Tipping Fees; Ky Area United Way
$598.36 Ded; Ky Clinic $272.00 Serv; Ky Concrete $7,393.88 Various; Ky Hub
$104.00 Serv; Ky Implement $756.80 Various; Ky WHSE $1,259.76 Su; Ky Winlectric
$333.62 Rep; Ky WLE $100.36 Su; Ky WNE $163.36 Su; Ky Yamaha $134.77 Su;
Kelley, M $256.24 Tr; Kelly Supply $122.75 Inv; Kendle, A $150.00 Purchase
Space; Killion Motors $34.46 Various; Kirkwood, M $91.30 Tr; Kissell, D $40.00 Tr;
Kjar, B $22.83 Ref; Koll, S $26.94 Ref; Kooyman, R $343.52 Various; Kosmicki, K
$5.74 Ref; Kriha Fluid Power $90.69 Inv; Lakeland Engines $232.10 Inv; Laser
Art Design $368.00 Various; Laughlin, K $360.00 Ded; Lawson Products $247.12
Various; Leach Camper of Lincoln $22.17 Inv; Lerner Publishing $1,497.61 Bks; Lindenstein's
$227.50 Serv; Linweld $48.45 Su; Lisa's $56.00 Su; Little Ceasars $44.00 Su;
Little Kings $174.51 Su; Lock & Safe of Ky $32.50 Serv; Lopez, A $2.73 Ref;
Lorman Education $558.00 Su; Mail Express $6.54 Pstg; Manary, M $358.39 Tr; Marlatt
Machine Shop $159.09 Various; Marshall Cavendish $200.52 Bks; Martinosky, M
$67.40 Various; McCollister & Co $590.55 Inv; McKibben, C $171.50 Tr;
MES-Snyder $544.50 Rep; Metropolitan Life $4,041.20 Ins; Midlands Contracting
$251,799.40 Serv; Mid-NE Lubricants $2,918.30 Inv; Midway Chrysler Dodge
$373.16 Inv; Midwest Turf $428.48 Various; Milco Environmental $2,493.15 Serv;
Miller & Associates $5,132.75 Serv; Miller Signs $512.00 Various; Mosbarger,
B $200.00 Ins; MPH Ind $96.48 Rep; Mr. Automotive $1,954.54 Various; Municipal
Pipe Tool $2,000.00 Rep; Municipal Supply $1,426.50 Various; NAPA $1,550.15
Various; Nat'l Arbor Day $25.00 Dues; Nat'l Fire Protection $162.71 Su; Nat'l
League of Cities $1,590.00 Dues; Nat'l Paper Supply $145.49 Su; Nat'l
Waterworks $7,718.76 Various; Nature Watch $110.00 Su; NE Child Support $892.18
Ded; NE Cornhusker Chapter of SWANA $200.00 Tr; NE Dept of Agriculture $111.98
Su; NE Dept of Env Quality $7,500.00 Permit; NE Dept of Revenue $67,626.42
Taxes; NE Library Commission $6,155.00 Bks; NE Golf Association $890.00 Dues;
NE Machinery $2.86 Inv; NE Truck Center $643.66 Inv; NE Wine & Spirits
$49.12 Su; NEland Dist. $1,457.75 Su; NeRPA $170.00 Reg; Newman Signs $63.93
Inv; Nogg Chemicals $282.90 Inv; Noller Electric $4,689.30 Serv; North Central
Library $6.50 Su; Northwest Electric $448.29 Su; Northwestern $2,839.57 Serv;
Oceana Publishing $158.69 Bks; Office Depot $741.60 Various; Office Max $683.95
Su; Officenet $577.21 Su; Oken, C $8.24 Tr; Old Home Bakery $58.10 Su; Old Navy
$74.44 Su; Old West Guns $60.00 Rep; Olsen, C $393.39 Tr; Olsson Associates
$1,900.69 Serv; OMB Police Supply $578.91 Su; O'Reilly $480.97 Inv; Oriental
Trading $142.72 Su; Orscheln Farm $461.93 Su; Paramount Linen $723.52 Various;
Pat's Plumbing $289.00 Rep; Payflex Systems $395.25 Various; Paypal $475.00 Su;
Pepperball Tech $549.96 Su; Peter, C $5.92 Ref; Pictorial Histories $18.95 Bks;
Platte Valley Comm $203.75 Serv; Preferred Mail $392.36 Pstg; Presto-X $128.00
Rep; Public Resource Library Group $47.25 Tr; PVCK $5,667.71 Various; Radio
Shack $79.28 Various; Reams Sprinkler $970.07 Su; Recorded Books $379.95 Bks; Recreonics
$10.50 Su; Regional Books $23.70 Bks; Rich, T $917.95 Reim; Roggasch, M $15.00 Reim;
Roper's Radiator $39.50 Su; Ross Engineering $10,898.46 Serv; Rossell, C
$215.00 Rep; SA Foster Lumber $14.60 Various; Saathoff, J $85.33 Tr; Sagebrush $271.24
Bks; Sahling Kenworth $82.69 Various; Sam's Club $28.94 Bks; Sapp Bros $29.00
Su; Scholastic Library $185.31 Bks; School Dist #7 $1,160.59 Remittance; Schwan's
$1,146.31 Su; See Clear Cleaning $1,950.00 Serv; S-F Analytical Lab $665.00 Serv;
Shell Oil $13.00 Tr; Sherman/Many-Mini Toys $274.84 Su; Sherwin Williams
$114.96 Su; Shirt Shack $768.75 Su; Siebke, C $30.51 Ref; Simtech USA $149.95
Su; Smith, A $30.22 Ref; Smitty's Construction $500.00 Rep; Snap-On Tools
$54.50 Su; Snider, C $11.00 Ref; Sonic Drive In $10.00 Su; Speed Stacks $21.71
Su; Sprint $188.11 Serv; State of NE DAS Communications $53.77 Serv; Steffensmeier,
J $381.85 Tr; Steinbrinks Landscaping $287.71 Su; Stocker, K $10.35 Tr; T&B
Cleaning $1,100.00 Serv; Target $54.04 Su; TC G Neil $83.34 Su; Terry's Platte
Valley Glass $250.00 Rep; Thames, S $41.58 Ref; Thompson Gale $56.13 Bks;
Thompson, L $90.00 Rep; Titleist $174.24 Inv; Tool Doctor $51.50 Various;
Tractor-Supply $1,218.64 Various; Tri-City Outdoor Power $507.43 Various; U
Save Foods $189.62 Various; UAP Pueblo $66.00 Inv; Union Oil $1,937.88 Inv;
United Air $743.60 Tr; United Distillers $388.82 Su; United States Tennis Assoc
$25.00 Dues; UPS $.55 Pstg; Upstart $16.21 Su; USPS $83.81 Pstg; U-Stop $15.00 Tr;
Van Diest Supply $5,229.02 Various; Vessco $434.44 Su; Video Service of America
$391.63 Serv; Village Uniform $126.32 Cla; Walmart $1,515.72 Various;
Washington State Support $102.01 Ded; Weiss Ratings $195.95 Bks; Wellman, P
$8.45 Cla; Wessels, W $245.78 Tr; Western Security $8,078.00 Serv; Wilcox, C
$32.61 Ref; Wilke Donovans $206.01 Various; Wilson Doors $629.23 Su; Witt, C
$1.20 Ref; Wolfe, B $31.39 Tr; WPCI $556.50 Serv; Xerox $356.25 Serv; Zimmerman
Printers $327.15 Serv; Payroll Ending 08-21-2004 -- $260,819.80,
and Payroll Ending 09-04-2004 -- $247,856.75. The foregoing schedule of
claims is published in accordance with Section 19-1102 of the Revised Statutes
of Nebraska, and is published at an expense of $_________ to the City of
Kearney.
3. Approve
the application submitted by Susan Underhill to extend Conditional Use Permit
No. 79-06 to locate a day care at 2803 Avenue I for a period of one year.
4. Approve
the application to conduct a parade submitted by the Kearney Chamber of
Commerce for UNK Band Day to be held on September 25, 2004 beginning at 9:00
a.m. starting at Central Avenue and Railroad Street, north on Central Avenue to
27th Street, west on 27th Street and ending at the UNK Campus. Parking
will be banned on Central Avenue from North Railroad Street to 25th Street
beginning at 1:00 a.m. on the morning of September 25. The staging area
to be closed beginning at 6:00 a.m. include Railroad Street from 4th Avenue to
Avenue E, Avenue A from 21st Street to Railroad Street, and Avenues B, C and D
from Railroad Street to 22nd Street, 3rd Avenue from Railroad Street to 22nd
Street, and 1st Avenue from Railroad Street to 21st Street. This request
will also allow for the selling of refreshments during the parade.
5. Approve
the application for a Special Designated License submitted by DOUGLAS HOOS, dba
“Tub’s Pub” in connection with their Class C/K282 liquor license to dispense
beer, wine and distilled spirits in the Ag Pavilion at the Buffalo County
Fairgrounds, 3807 Avenue N on October 16, 2004 from 4:00 p.m. until 1:00 a.m.
for a wedding reception and dance.
6. Approve
Change Order No. 1 showing an increase in the amount of $477.00, Application
and Certificate for Payment No. 1 in the amount of $251,799.40 submitted by
Midlands Contracting and approved by Ross Engineering for the 2004 Part V
Improvements – Bid A consisting of Water District No. 2004-530 for 60th
Street from 2nd Avenue to 1st Avenue, Water District No. 2004-531A for 1st
Avenue from 60th Street to 65th Street, Water District No. 2004-532 for 65th
Street from 2nd Avenue east a distance of 1,058 feet; Sewer District No.
2004-472 for 60th Street from 2nd Avenue to 1st Avenue, Sewer District No.
2004-473A for 1st Avenue from 60th Street to 65th Street, and Sewer District
No. 2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet and
approve Resolution No. 2004-161.
RESOLUTION
NO. 2004-161
WHEREAS, Midlands Contracting, Inc.
has performed services in connection with the 2004 Part V Improvements – Bid
A consisting of Water District No. 2004-530 for 60th Street from 2nd Avenue
to 1st Avenue, Water District No. 2004-531A for 1st Avenue from 60th Street to
65th Street, Water District No. 532 for 65th Street from 2nd Avenue east a
distance of 1,058 feet; Sewer District No. 2004-472 for 60th Street from 2nd
Avenue to 1st Avenue, Sewer District No. 2004-473A for 1st Avenue from 60th
Street to 65th Street, and Sewer District No. 2004-474 for 65th Street from 2nd
Avenue east a distance of 1,058 feet, and the City's engineer, Ross
Engineering, have filed with the City Clerk Change Order No. 1 showing an
increase in the amount of $477.00 as shown on Exhibit “A” attached hereto and
made a part hereof by reference; and
WHEREAS, Midlands Contracting, Inc.
and Ross Engineering have filed with the City Clerk Application and Certificate
for Payment No. 1 in the amount of $251,799.40 as shown on Exhibit “B” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$265,725.00
|
|
Change Order No. 1 (9-14-2004)
|
+
477.00
|
|
|
|
|
Contract Sum To Date
|
266,202.00
|
|
Gross Amount Due
|
265,052.00
|
|
Retainage
|
13,252.60
|
|
Amount Due to Date
|
251,799.40
|
|
Less Previous Certificates for Payment
|
.00
|
|
|
|
|
Current Payment Due
|
$251,799.40
|
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. 1, as shown
on Exhibit “B” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
7. Authorize
the designation of Dan Lynch as Primary Agent and Michaelle Trembly as
Secondary Agent to seek public assistance on behalf of the City of Kearney in
accordance with the Nebraska Emergency Management Agency and approve Resolution
No. 2004-162.
RESOLUTION NO. 2004-162
BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska,
that Dan Lynch, Chief of Police, is hereby designated as the Primary Agent and
Michaelle Trembly, City Clerk, is hereby designated as the Secondary Agent in
order to fulfill the requirements of the Nebraska Emergency Management Agency.
BE IT FURTHER RESOLVED that the Chief of Police be and is hereby authorized and
directed to execute for and in behalf of the City of Kearney, Nebraska
established under the laws of the State of Nebraska, any necessary documents
and to file them in the appropriate State office for the purpose of obtaining
certain Federal/State financial assistance under the President’s Disaster
Relief Fund (PL 93-288) as amended, and the Governor’s Emergency Fund (Section
81-829.42, R.R.S.).
BE IT FURTHER RESOLVED that the City of Kearney, a public entity established
under the laws of the State of Nebraska hereby authorizes its agent to provide
to the State, all documents on matters pertaining to such disaster assistance
as may be required.
PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
8. Approve
Resolution No. 2004-163 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, 2007.
RESOLUTION NO. 2004-163
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, 2004, 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, 2007.
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, 2007.
PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
9. Approve
the application for a Special Designated License submitted by St. George
Orthodox Church to dispense beer, wine and distilled spirits in the Exhibition
Center at the Buffalo County Fairgrounds, 3807 Avenue N, on October 16, 1004
from 9:00 a.m. until 10:00 p.m. for a Mediterranean dinner fund raiser.
10. Designate
Wells Fargo Bank Nebraska, N.A. of Kearney; Platte Valley State Bank &
Trust Company of Kearney; Kearney State Bank & Trust Company of Kearney; US
Bank of Kearney; Nebraska National Bank of Kearney; Commercial Federal Bank of
Kearney; TierOne Bank of Kearney; Five Points Bank of Kearney, and Geneva State
Bank of Kearney as the City’s depositories for funds of the City of Kearney and
approve Resolution No. 2004-164.
RESOLUTION
NO. 2004-164
WHEREAS, the Mayor and City Council have determined that it is appropriate and
proper to designate various banks as depositories for funds of the City of
Kearney.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that Wells Fargo Bank Nebraska, N.A. of Kearney, Platte
Valley State Bank & Trust Company of Kearney, Kearney State Bank &
Trust Company of Kearney, US Bank of Kearney, Nebraska National Bank of
Kearney, Commercial Federal Bank of Kearney, TierOne Bank of Kearney, Five
Points Bank of Kearney, and Geneva State Bank of Kearney be and are hereby
designated as city depository banks. However, such designation as a city
depository shall not be exclusive and shall not be determined in any way to
constitute a franchise to the exclusion of other designated depositories.
BE IT FURTHER RESOLVED by the President and City
Council of the City of Kearney, Nebraska that checks, drafts or other withdrawal
orders issued against the funds of the City on deposit with said depositories
be signed by any one of the following who now hold offices or positions with
the City:
G. Allen Johnson, City Manager
Wendell R. Wessels, Director of Finance and Administration
Nancy Roth, Accounting Technician
BE IT FURTHER RESOLVED that all resolutions and parts of
resolutions in conflict herewith are hereby repealed and that Resolution No.
2004-48 is hereby specifically rescinded and repealed.
PASSED AND APPROVED THIS 14TH DAY OF
SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
11. Approve the
Agreement with The S.A.F.E. Center to block off the parking lot located north
of the Museum of Nebraska Art on October 14, 2004 beginning at 4:00 p.m. until
10:00 p.m. for their 8th Annual Candlelight Vigil.
12. Approve the
application for a Special Designated License submitted by JUAN LAZO, dba “El Tropico”
in connection with their Class B/M37623 Liquor License to dispense beer and
distilled spirits in the Exposition Building located at the Buffalo County
Fairgrounds, 3807 Avenue N on October 8, 2004 from 6:00 p.m. until 1:00 a.m. in
connection with a Mexican dance subject to the City receiving the required the
Certificate of Insurance.
13. Authorize the
Mayor to execute the Contract between the City of Kearney/ Kearney Municipal
Airport Corporation and Beachner Construction Company in connection with the
Crack Seal, Slurry Seal and Runway Marking for 18/36 Project and approve
Resolution No. 2004-165.
RESOLUTION NO. 2004-165
BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska,
that the Mayor be and is hereby authorized and directed to execute the Contract
Agreement for Project 03-31-0045-13 between the City of Kearney, Nebraska and Beachner
Construction Company for the Crack Seal, Slurry Seal, and Runway Marking for
18/26 Project. A copy of the Contract Agreement, marked as Exhibit “A”, is
attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
14. Approve the Agreement
between the City of Kearney and Crushers, Inc. for the crushing and removal of
concrete at the Kearney Municipal Airport and approve Resolution No. 2004-166.
RESOLUTION NO. 2004-166
BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska,
that the Mayor be and is hereby authorized and directed to execute the
Agreement between the City of Kearney, Nebraska and Crushers Inc. for the
crushing and removal of concrete at the Kearney Municipal Airport. A copy of
the Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof
by reference.
PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
15. Approve the
Agreement with Betty Janes to use their sidewalk and to block off two parking
spaces in front of their store, 2123 Central Avenue, from 7:00 a.m. September
17, 2004 until 6:00 p.m. September 18, 2004.
16. Approve the
request submitted by Linda Shaw on behalf of Uptown Art Festival to hang a
banner across Central Avenue at the intersection of 22nd Street (alternate
location 23rd Street) from September 26, 2004 until October 5, 2004.
17. Consider the
Agreement to Share Initial Costs to Investigate Creation of South Dakota Public
Power Authority to investigate the negotiation and acquisition of Northwestern
Gas Companies and approve Resolution No. 2004-167.
RESOLUTION NO. 2004-167
WHEREAS, Northwestern Corporation is a franchised gas provider operating in the
City of Kearney, Nebraska and
WHEREAS, on September 14, 2003, Northwestern Corporation filed for Bankruptcy
under Chapter 11 and
WHEREAS, Northwestern Corporation may emerge from Bankruptcy as early as
November of 2004, under the direction and management of a Board constituted
primarily of representatives of the creditors of the company, and
WHEREAS, a number of cities and Public Power entities in South Dakota also
served by Northwestern have expressed an interest in jointly attempting to:
(1) Evaluate the business and assets of
Northwestern Corporation
(2) Investigate the feasibility of
acquiring and developing the assets held by Northwestern
(3) Investigate and consider the
creation of a South Dakota Public Power Authority to own and operate the system
(4) Investigate and secure the right for
each member to acquire the Northwestern facilities existing in their respective
city, and
WHEREAS, the various South Dakota municipalities, along with the Missouri River
Energy Services and Heartland Consumers Power District, have entered into an
“Agreement To Share Initial Costs To Investigate Creation Of South Dakota
Public Power Authority”, requiring an initial investigation and study for the
aforesaid purposes, a copy of which Agreement, marked Exhibit #1, is attached
hereto and made a part hereof, and
WHEREAS, the said South Dakota parties have invited the Nebraska cities of
Kearney, Grand Island, and North Platte to join in the Agreement as set forth
in Addendum No. 2 to the Agreement, a copy of which is attached hereto and made
a part hereof, and
WHEREAS, the City Council hereby finds and determines it is in the best
interests of the City of Kearney to consider joining with other Nebraska and
South Dakota municipalities and public power entities in conducting such an
investigation and study of the Northwestern Gas system for the aforestated
purposes.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that the City Manager be and is hereby authorized in concert
with the cities of North Platte and Grand Island, to review, assess, and, if
required, negotiate appropriate additional or amended terms, conditions, and
provisions of the said Agreement, and subject to any changes or amendments
required by the City Manager, to execute Addendum No. 2 to Agreement To Share
Initial Costs To Investigate Creation Of South Dakota Public Power Authority
for and on behalf of the City of Kearney, Nebraska.
PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
18. Approve the
Application for two Special Designated Licenses submitted by STEVE & JONI
PAULSEN, dba “Party Pros Catering” to dispense beer, wine and distilled spirits
at the Kearney Events Center, 609 Platte Road, on September 24, 25, October 8
and 9, 2004 from 5:00 p.m. until 1:00 a.m.
19. Authorize the
City Manager to work with Grand Island and North Platte to formulate an Interlocal
Cooperation Agreement to jointly review, analyze, assess and consider the
City’s participation in the proposed feasibility study and/or subsequent
formation of a South Dakota Public Power Authority and approve Resolution No.
2004-173.
RESOLUTION NO.
2004-173
WHEREAS, representative of the cities of Kearney, Grand
Island and North Platte, in addition to representatives of Nebraska Municipal
Power Pool and other interested entities have commenced initial efforts to
review and consider the terms, conditions and provisions of an “Agreement To
Share The Initial Cost To Investigate Creation Of South Dakota Public Power
Authority” presented to the said cities by various cities and public power
entities in South Dakota, and
WHEREAS, the management staff of the three Nebraska cities
believe that it would be in the best interest of the citizens of those cities
to work cooperatively to review, analyze and consider the ramifications and
requirements of the proposed Agreement, and to ensure that the citizens of
Nebraska cities served by Northwestern Corporation continue to be served in the
best manner possible,
NOW THEREFORE, BE IT RESOLVED that the City Manager is
hereby authorized and directed to continue working with Grand Island and North
Platte to formulate an Interlocal Cooperation Agreement appropriate to the
three parties needs, in order to jointly cooperate in reviewing, analyzing,
assessing and considering the City’s participation in the proposed feasibility
study and/or subsequent formation of a South Dakota Public Power Authority for
the purpose of ultimately acquiring and operating the gas service systems
currently existing in the cities of Kearney, Grand Island and North
Platte. The City Manager will present any proposed Interlocal Cooperation
Agreement to the City Council for approval and execution.
PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX‑OFFICIO MAYOR
CITY CLERK
V. CONSENT AGENDA
ORDINANCES
None.
VI. REGULAR AGENDA
ORDINANCE NO. 7112 – REZONING EAST OF 3003 CENTRAL AVENUE
Council Member Kearney introduced Ordinance No. 7112, being
Subsection 1 of Agenda Item VI to rezone from “District R-2, Urban Residential
Mixed-Density District” to “District C-O, Office District” property
described as Lot 506, Southwest Quarter School Section Addition to the
City of Kearney, Buffalo County, Nebraska (east of 3003 Central Avenue), and
moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage
on the same day upon reading by number only, and then placed on final passage
and that the City Clerk be permitted to call out the number of the ordinance on
its first reading and then upon its final passage. Council Member 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, Kearney, Buschkoetter, Hadley, Clouse.
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. 7112 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried. Ordinance was read by
number.
Moved by Clouse seconded by Hadley that Ordinance No. 7112 be
passed, approved and published as required by law. Roll call resulted as
follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.
Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7112 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. 7113 – VACATE PORTION OF BRANDT’S LAKEWOOD 7TH
SUBDIVISION
Council Member Kearney introduced Ordinance No. 7113, being
Subsection 2 of Agenda Item VI to vacate Lot 3 of Block 2, Brandt’s Lakewood
7th Subdivision, a subdivision being part of accretions to Government Lot 2 in
Section 23, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska
(west of Cherrywood Street and north of W Road), 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, Kearney, Buschkoetter, Hadley, Clouse. 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. 7113 by number. Roll call of those in favor of the
passage of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Clouse seconded by Hadley that Ordinance No. 7113 be
passed, approved and published as required by law. Roll call resulted as
follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.
Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7113 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. 7114 – REZONING WEST OF CHERRYWOOD STREET AND
NORTH OF W ROAD
Council Member Kearney introduced Ordinance No. 7114, being
Subsection 3 of Agenda Item VI to rezone from “District AG, Agricultural
District” to “District RR-2, Rural Residential District (Intermediate
Standards)” property described as being part of Government Lot 3 and accretions
abutting said Government Lot located in Section 23, Township 8 North, Range 16
West of the 6th P.M., containing 1.93 acres, more or less, Kearney County,
Nebraska (west of Cherrywood Street and north of W Road), 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, Kearney, Buschkoetter, Hadley, Clouse. 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. 7114 by number. Roll call of those in favor of the
passage of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Clouse seconded by Hadley that Ordinance No. 7114 be
passed, approved and published as required by law. Roll call resulted as
follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.
Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7114 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.
FINAL PLAT – BRANDT’S LAKEWOOD ESTATES
Mayor Blankenship opened for discussion the application
submitted by Ron Ridgway (Applicant) for James Gregory and Tamara S. Brandt
(Owner) for Final Plat approval of “BRANDT’S LAKEWOOD ESTATES”, said property
described as a tract of land being Government Lot 2, part of Government Lot 3
and accretions abutting said lots, and Lot 2 of Block 2, Brandt’s Lakewood 7th
Subdivision, all located in Section 23, Township 8 North, Range 16 West of the
6th P.M., Kearney County, Nebraska (west of Cherrywood Street and north of W
Road) and to consider approval of Resolution No. 2004-168. Planning Commission
recommended approval with a notation that the building is nonconforming and
that it cannot be rebuilt at that site.
Ron Ridgway from Miller & Associates presented this
matter to the Council. This is a one lot (approximately 10 acres) subdivision
south of the river. There is an existing house and several existing
buildings on the site. On the southwest corner there is a garage that
does not conform to the 50-foot setback required for this zoning. There
has been a notation made on the final plat that the building would have to be
moved if it were ever altered or damaged.
Moved by Kearney seconded by Clouse to approve the
application submitted by Ron Ridgway (Applicant) for James Gregory and Tamara
S. Brandt (Owner) for Final Plat approval of “BRANDT’S LAKEWOOD ESTATES”, said
property described as a tract of land being Government Lot 2, part of
Government Lot 3 and accretions abutting said lots, and Lot 2 of Block 2,
Brandt’s Lakewood 7th Subdivision, all located in Section 23, Township 8 North,
Range 16 West of the 6th P.M., Kearney County, Nebraska (west of Cherrywood
Street and north of W Road) and approve Resolution No. 2004-168 subject to a
notation on the final plat that if the nonconforming building goes away for any
reason, any new accessory building must comply with setbacks and all other
development standards in place at that time. Roll call resulted as
follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
RESOLUTION
NO. 2004-168
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “BRANDT’S LAKEWOOD ESTATES” a subdivision being part of
Government Lot 2, part of Government Lot 3 and accretions abutting said lots,
and Lot 2 of Block 2, Brandt’s Lakewood 7th Subdivision, all located in Section
23, Township 8 North, Range 16 West of the 6th P.M., Kearney County, Nebraska,
and in accordance with the terms and requirements of Sections 16-901 through
16-904 inclusive, R.R.S. 1943 (as amended) be accepted subject to a notation on
the final plat that if the nonconforming building goes away for any reason, any
new accessory building must comply with setbacks and all other development
standards in place at that time, and ordered filed and recorded in the Office
of the Register of Deeds, Kearney County, Nebraska.
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 SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
ORDINANCE NO. 7115 – AMEND SECTION 59-103 “CONDITIONAL USE
PERMIT PROCEDURE”
Council Member Buschkoetter introduced Ordinance No. 7115,
being Subsection 5 of Agenda Item VI to amend Section 59-103 “Conditional Use
Permit Procedure” of Chapter 59 “Administration and Procedures” of the Unified
Land Development Ordinance, being a part of the Kearney City Code to require a
public hearing before the Planning Commission and after such hearing a report
shall be submitted to the City Council who will then hold a public hearing
providing for public review and discretionary City Council approval for all
Conditional Use Permits, and moved that the statutory rules requiring
ordinances to be read by title on three different days be suspended and said
ordinances be considered for passage on the same day upon reading by number
only, and then placed on final passage and that the City Clerk be permitted to
call out the number of the ordinance on its first reading and then upon its
final passage. Council Member Blankenship seconded the motion to suspend
the rules. President of the Council asked for discussion or if anyone in
the audience was interested in the ordinance. No one responded.
Clerk called the roll which resulted as follows: Aye: Blankenship,
Clouse, Kearney, Buschkoetter, Hadley. 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.
7115 by number. Roll call of those in favor of the passage of said
ordinance on the first reading resulted as follows: Aye: Blankenship,
Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion
carried. Ordinance was read by number.
Moved by Blankenship seconded by Kearney that Ordinance No.
7115 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.
Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7115 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. 7116 – ADOPT 2004-2005 BUDGET
Council Member Buschkoetter introduced Ordinance No. 7116,
being Subsection 6 of Agenda Item VI to adopt the City of Kearney Budget
Statement to be termed the Annual Appropriation Bill and to appropriate sums
for necessary expenses and liabilities, and moved that the statutory rules
requiring ordinances to be read by title on three different days be suspended
and said ordinances be considered for passage on the same day upon reading by
number only, and then placed on final passage and that the City Clerk be
permitted to call out the number of the ordinance on its first reading and then
upon its final passage. Council Member Blankenship seconded the motion to
suspend the rules. President of the Council asked for discussion or if
anyone in the audience was interested in the ordinance. No one
responded. Clerk called the roll which resulted as follows: Aye:
Blankenship, Clouse, Kearney, Buschkoetter, Hadley. 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. 7116 by number. Roll call of those in favor of the
passage of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Blankenship seconded by Kearney that Ordinance No.
7116 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.
Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7116 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.
INCREASE BUDGET AUTHORITY BY ADDITIONAL ONE PERCENT
Mayor Blankenship opened for discussion Resolution No.
2004-169 allowing the City of Kearney to increase its “Budget Authority” by an
additional one percent or $60,246.29 which will be carried over to the
2005-2006 budget as “Unused Budget Authority”.
Director of Finance and Administration Wendell Wessels
presented this matter to the Council. On April 2, 1998, the Nebraska
Legislature enacted LB 989, which provides for a new overall budget limitation
on certain restricted funds. LB 989 imposes a limitation on the growth of
certain restricted funds of 2½% plus a factor for growth, if any.
Additionally, the 2½% limitation may be exceeded by an additional 1% upon an
affirmative vote of at least 75% of the governing body.
Although the City of Kearney does not need the additional 1%
allowed under LB 989 for the 2004-2005 Budget, however, passage of Resolution
No. 2004-169 will allow the City to increase its “Budget Authority” by
$60,246.29. The $60,246.29 of additional “Budget Authority” will not be
used in the 2004-2005 budget; however, the $60,246.29 of additional “Budget
Authority” will be carried over to the 2005-2006 budget as “Unused Budget
Authority” and will then be available for the 2005-2006 budget, if needed.
Pursuant to the Nebraska Budget Act (State Statute
13-519.3), the City of Kearney may exceed the base limitation of 2½% by an
additional one percent upon the affirmative vote of at least seventy-five
percent of the City Council.
Upon the affirmative vote of at least seventy-five percent
of the City Council, the City will have the authority to exceed its base
limitation of 2½% by an additional 1%. The additional one percent will
give the City an additional $60,246.29 in “Budget Authority”.
Moved by Kearney seconded by Clouse to approve Resolution
No. 2004-169 allowing the City of Kearney to increase its “Budget Authority” by
an additional one percent or $60,246.29, which will be carried over to the
2005-2006 budget as “Unused Budget Authority”. Roll call resulted as
follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.
Nay: None. Motion carried.
RESOLUTION
NO. 2004-169
WHEREAS, on April 2, 1998 the Nebraska Legislature passed and approved LB 989
which imposes a two and one half percent lid on certain restricted funds for
local governments; and
WHEREAS, Neb. Rev. Stat. Section 13-519.03, (R.R.S. 1943), as amended, allows
governmental units to exceed the two and one half percent limit as provided in
Neb. Rev. Stat. Section 13-519.01, (R.R.S. 1943), as amended, by up to an
additional one percent upon the affirmative vote of at least seventy-five
percent of the governing body; and
WHEREAS, the mayor and City Council of the City of Kearney Nebraska hereby
finds and determines that it is in the best interests of the City of Kearney
that the City of Kearney exceed the limit as provided in Neb. Rev. Stat. Section
13-519.01, (R.R.S. 1943), as amended, by an additional one percent as allowed
pursuant to Neb. Rev. Stat. Section 13-519.03, (R.R.S. 1943), as amended.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Kearney, Nebraska, that the City of Kearney exceed the limit as
provided in Neb. Rev. Stat. Section 13-519.03, (R.R.S. 1943), as amended, by an
additional one percent.
BE IT FURTHER RESOLVED that all ordinances and resolutions or parts if
ordinances and resolutions in conflict herewith are hereby repealed.
BE IT FURTHER RESOLVED that this
Resolution shall be in full force and effect October 1, 2004, and shall be
published in pamphlet form.
PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
ORDINANCE NO. 7117 – SALARY ORDINANCE
Director of Finance and Administration Wendell Wessels
presented this matter to the Council. Ordinance No. 7117 will repeal Ordinance
No. 6991 (2003-2004 Annual Personnel Ordinance); classify the officers and
employees of the City; fix the ranges of compensation of such officers and
employees; establish the hours and work period for overtime eligibility;
provide for payments of clothing and/or uniform allowances; and provide for the
payments of vehicle allowances.
Ordinance No. 7117 includes all the job classifications, pay
grades and ranges of compensation that are included in the City of Kearney
2004-2005 Pay Policy. Additionally, various employee benefits as
discussed above have been included in the ordinance. Passage of the
Personnel Ordinance is done on an annual basis in conjunction with the budget
process.
Ordinance No. 7117 is required pursuant to Neb. Rev. Stat.
Section 16-502, which mandates that the governing bodies of First Class Cities
specifically appropriate all personnel expenditures in ordinance form.
Council Member Clouse introduced Ordinance No. 7117, being
Subsection 8 of Agenda Item VI to repeal Ordinance
No. 6991 and classify the officers and employees of the City; fix the ranges of
compensation of such officers and employees; establish the hours and work
period for overtime eligibility; provide for payments of clothing and/or
uniform allowances; and provide for payment of vehicle allowance, 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, Hadley, Clouse, Kearney, Buschkoetter.
Nay: None. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and
adopted. City Clerk read Ordinance No. 7117 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Blankenship, Hadley, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried. Ordinance was read
by number.
Moved by Hadley seconded by Buschkoetter that Ordinance No.
7117 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.
Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7117 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.
RECOMMENDATION FROM KENO COMMITTEE
Mayor Blankenship opened for discussion the recommendation
submitted by the Keno Committee on the allocation on non-departmental keno
funds designed for outside agencies.
Assistant City Manager John Prescott presented this matter
to the Council. Over the summer, City Administration met with Keno Application
Advisory Committee. The same committee has met for many years to review
and make recommendations to the Kearney City Council on the Keno applications.
The four citizens have been involved with groups such as the United Way,
Kearney Area Community Foundation and other local charities over the years.
They make recommendations to the City Council on the ten percent of Keno awards
that can be awarded to non-City applications.
The following is a list of the applications that were
submitted to the City for keno grant consideration.
|
Applicant
|
Amount
Requested
|
Committee
Recommendation
|
|
Kearney
Public Library
|
700.00
|
700.00
|
|
Kearney
Public Library
|
850.00
|
850.00
|
|
Family
Resource Council
|
900.00
|
0.00
|
|
Kearney
Downtown Center Association
|
1,400.00
|
1,400.00
|
|
United
Way of the Kearney Area
|
1,500.00
|
0.00
|
|
United
Way of the Kearney Area
|
1,800.00
|
1,800.00
|
|
Central
Health Center, Inc.
|
2,100.00
|
1,550.00
|
|
Great
Platte River Road Memorial Foundation
|
2,450.00
|
0.00
|
|
Kearney
Area Chamber Technology Committee
|
2,500.00
|
0.00
|
|
Buffalo
County Historical Society
|
2,675.00
|
0.00
|
|
The
S.A.F.E. Center
|
2,234.00
|
1,370.00
|
|
Buffalo
County Community Partners
|
3,381.00
|
2,096.00
|
|
Peer
Health Education
|
3,446.00
|
1,699.00
|
|
Kearney
Area Chamber of Commerce
|
4,000.00
|
0.00
|
|
I Believe
In Me Ranch
|
5,000.00
|
0.00
|
|
Children
Are the Future
|
5,000.00
|
0.00
|
|
Kearney
Area Chamber Commerce Committee
|
5,000.00
|
2,000.00
|
|
Buffalo
County Cooperative Extension
|
8,000.00
|
4,000.00
|
|
Kearney
Neighborhood Association/City Park & Rec
|
8,406.00
|
2,755.00
|
|
Kearney
Women’s Club
|
9,680.00
|
0.00
|
|
Kearney
Area Children’s Museum
|
10,000.00
|
0.00
|
|
City of
Kearney Administration
|
199,985.00
|
199,985.00
|
The Keno Committee reviewed and evaluated each of the Keno
grant applications. The Committee spent a considerable amount of time
discussing their understanding of the applications and various factors related
to awarding an application. During the course of their meeting a couple
of applicants were contacted to clarify information in their application.
While the Committee believed some projects were very worthy they did not fit
the program guidelines and were not recommended for funding. The group
formulated recommendations on awarding funding for at least a portion of nine
of the nineteen non-City applications that were received. The Committee
also recommended funding for two Library applications
Moved by Buschkoetter seconded by Blankenship to approve the
recommendation submitted by the Keno Committee on the allocation on
non-departmental keno funds designed for outside agencies. Roll call
resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.
Nay: None. Motion carried.
ADOPT 2005-2010 LONG RANGE GOALS
Mayor Blankenship opened for discussion the adoption of the
City of Kearney 2005-2010 Long Range Goals.
Assistant City Manager John Prescott presented this matter
to the Council. The City of Kearney annually prepares and updates Long Range
Goals. A variety of sources are utilized to generate the goals.
City Council suggestions, citizen comments, Department Heads and employees
ideas as well as needs identified by consultants are a few of the
sources. Federal or state mandates may also generate goals that the City
has to meet. All of this information is reviewed and the Long Range Goals
are then prepared and presented to the City Council. The goals were
presented at a retreat held at the Utilities Building Conference Room on April
22, 2004.
Development of the goals is one of the first steps in
preparing the budget that is on this City Council agenda. The goals
represent the projects that the City of Kearney would like to complete.
With these projects in mind, the budget document is developed. In the end
it is not possible to fund all of the projects included in the Goals document.
Moved by Blankenship seconded by Kearney to adopt the City
of Kearney 2005-2010 Long Range Goals. Roll call resulted as
follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.
Nay: None. Motion carried.
ORDINANCE NO. 7118 – VACATE ALLEY AND PORTION OF 9TH STREET
Mitch Humphrey from Buffalo Surveying presented this matter
to the Council. The applicants, Todd and Cheryl Thurston, Dale Steinhauser,
Janice Hankey, Julie Wiese, George Stutzman, and Larry Anderson are requesting
vacation of the 20-foot alley located between Avenue A and Avenue B from the
north side of vacated 9th Street to 8th Street. Also included is the
20-foot strip of 9th Street where the alley intersects and crosses 9th
Street.
The lot owners on this block would like to vacate the
remainder of the alley as the part of the alley north of 9th Street was
previously vacated. Where the alley crosses 9th Street was not previously
vacated and is included in this vacation request. In addition, 9th Street
between Avenue A and Avenue B and 17 feet of Avenue A and 17 feet of Avenue B
as they abut this block have been vacated. The utility companies have
reviewed this request and approved the alley vacation subject to retention,
reservation and saving of the utility easement that corresponds to the alley
alignment.
Council Member Kearney introduced Ordinance No. 7118, being
Subsection 11 of Agenda Item VI to vacate the 20-foot wide alley lying between
Avenue A and Avenue B from the south line of 8th Street to the south line of
9th Street as it abuts Lots 185 through 196, inclusive, South Kearney Addition
to the City of Kearney, Buffalo County, Nebraska subject to retention,
reservation and saving of the utility easement that corresponds to the alley
alignment, 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, Hadley, Clouse, Kearney, Buschkoetter.
Nay: None. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and
adopted. City Clerk read Ordinance No. 7118 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Blankenship, Hadley, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried. Ordinance was read
by number.
Moved by Clouse seconded by Hadley that Ordinance No. 7118 be
passed, approved and published as required by law. Roll call resulted as
follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.
Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7118 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. 7119 – AMEND SECTION 7-310 “SALE OF LOTS;
PURCHASE PRICE”
Director of Park & Recreation
presented this matter to the Council. Cemetery rates need to be adjusted on a
regular basis to keep up with the increasing cost of the maintenance. The
last increase in the cemetery rates was in the fall of 2002.
A study was done of other area city
cemeteries and their charges are listed below. In looking at the
comparisons, the proposed new rates are still below the rates of the cemeteries
in our area.
|
CEMETERY
|
ADULT
OPEN/CLOSE
|
CREMATION OPEN/CLOSE
|
ADULT
SPACE
|
|
Hastings (10/1/2004)
|
$450.00
|
$225.00
|
$475.00
|
|
Grand Island Municipal (10/1/2004)
|
$450.00
|
$100.00
|
$450.00
|
|
Grand Island Westlawn (Current)
|
$820.00
|
$495.00
|
$535.00-$685
|
|
North Platte (10/1/2004)
|
$610.00
|
$185.00
|
$800.00
|
|
New Kearney Rate
|
$400.00
|
$200.00
|
$425.00 Old Area
$475.00 New Area
|
The following are the changes being considered for the
Kearney Cemetery:
|
|
Old Rate
|
New Rate
|
|
County Opening
|
$375.00
|
$400.00
|
|
Disinterment
|
$475.00
|
$500.00
|
|
Grave Opening-Adult
|
$375.00
|
$400.00
|
|
Grave Opening-Cremation
|
$175.00
|
$200.00
|
|
Grave Space
|
$400.00
|
$425.00
|
|
Space in New Addition
|
$450.00
|
$475.00
|
Director
of Park & Recreation Neal Lewis stated that periodically the cemetery rates
are checked because the cemetery has some significant costs to it. They
started with some of the perpetual care money and have been able to put some
back into that account. By keeping the rates up, it helps keep their tax
asking at a minimum. In checking, Kearney is still below most of the
other municipalities around. Cemetery Superintendent Steve Baye has a
good relationship with the businesses involved out there. With the quality of
the cemetery they do not anticipate any complaints about the increase.
Council Member Hadley introduced Ordinance No. 7119, being
Subsection 12 of Agenda Item VI to amend Section 7-301 “Sale of Lots; Purchase
Price” of Article 3 “Cemeteries” of Chapter 7 “Park and Recreation” of the
Kearney City Code to adjust the fees accordingly, and moved that the statutory
rules requiring ordinances to be read by title on three different days be
suspended and said ordinances be considered for passage on the same day upon
reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member Buschkoetter seconded the
motion to suspend the rules. President of the Council asked for
discussion or if anyone in the audience was interested in the ordinance.
No one responded. Clerk called the roll which resulted as follows:
Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. 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. 7119 by number. Roll call of those in favor of the
passage of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Buschkoetter seconded by Blankenship that Ordinance
No. 7119 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.
Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7119 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.
AWARD BID FOR PEDESTRIAN BRIDGE NEAR THE ARCHWAY MONUMENT
Mayor Blankenship opened for discussion the bids received
for the construction of the Cottonmill Trail Pedestrian Bridge to be located
near the Archway Monument and to consider approval of Resolution No. 2004-170
awarding the bid to Wilke Contracting in the amount of $258,165.15.
Director
of Park & Recreation presented this matter to the Council. In the third
phase of the Cottonmill Trail project, a historical bridge was to be
constructed from the trail to the Archway Monument. Bids on the construction of
the bridge were opened on September 3, 2004.
Two
bids were opened. One was under the engineer’s estimate; the other exceeded the
estimate of $284,000.00. The bids received were: Wilke Contracting Corporation
- $258,165.15 and Midlands Contracting, Inc. - $308,779.15. The City is
anticipating bringing forward a change order that will bring the cost of the
bridge in line with the budgeted amount.
Administration
believes that it can significantly reduce the project cost without changing the
integrity of the bridge. Additional funds from the park development account
would be re-prioritized to cover any remaining difference.
Director
of Park & Recreation Neal Lewis stated this is the historical bridge that
the City purchased for $1.00. The City received some additional funding
from the State. Originally, this was the icing that the Archway secured
for the roadway enhancements and that the City wanted for the trail.
Although this has been a little more expensive than originally planned, a lot
of the money was secured from federal dollars and the City’s part was 20
percent of the original amount. The bid came in higher than anticipated,
but lower than the Engineer’s Estimate. Wilke Contracting are local
people and very willing to work with the City to get the amount reduced about
$15,000 - $16,000. The bid is about $30,000 over the amount that was
actually allocated for this project. Once all the figures are worked out,
the project will be brought back with a change order to present the exact cost
before starting. They want to start the bridge project this fall and get
it done this winter, which will finish Phase III of the Trail.
Moved
by Blankenship seconded by Kearney to approve the bids received for the
construction of the Cottonmill Trail Pedestrian Bridge to be located near the
Archway Monument and approve Resolution No. 2004-170 awarding the bid to Wilke
Contracting in the amount of $258,165.15. Roll call resulted as
follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
RESOLUTION
NO. 2004-170
WHEREAS, Kirkham Michael Consulting Engineers and the City of Kearney have
reviewed the sealed bids which were opened on September 3, 2004, at 2:00 p.m.
for the construction of the Cottonmill Trail Pedestrian Bridge to be located
near the Archway Monument; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project
was $284,000.00; and
WHEREAS, Administration recommends
accepting the bid submitted by Wilke Contracting of Kearney, Nebraska subject
to the City receiving a change order decreasing the amount of the contract to
bring the contract amount in line with the available City funds; and further,
that no construction shall begin until such time as the change order is
approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED by
the President and City Council of the City of Kearney, Nebraska that the
Engineers recommendation is hereby accepted and approved, that Wilke
Contracting of Kearney, Nebraska be and is the lowest responsible bidder for
the construction of the Cottonmill Trail Pedestrian Bridge to be located near
the Archway Monument to be constructed in accordance with the plans and
specifications on file with the City Clerk and that the bid of Wilke
Contracting of Kearney, Nebraska in the sum of $258,165.15 be and is hereby
accepted subject to the City receiving a change order decreasing the amount of
the contract to bring the contract amount in line with the available City
funds; and further, that no construction shall begin until such time as the
change order is approved by the City Council.
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 14TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
AWARD BID FOR 2004 PART IV IMPROVEMENTS
Mayor Blankenship opened for discussion the bids received
for the 2004 Part IV Improvements consisting of Paving Improvement
District No. 2003-872 for North Railroad Street from Central Avenue to Avenue B
and to consider approval of Resolution No. 2004-171 awarding the bid to
Paulsen, Inc. in the amount of $313,132.75.
Matt Krajewski from Kirkham Michael Consulting Engineers
presented this matter to the Council. At the August 10, 2004 Council meeting,
the City Council approved the plans and specifications for the 2004 Part IV
Improvements which consisted of Paving Improvement District No. 2003-872 for
North Railroad Street from Central Avenue to Avenue B.
Sealed bids for the 2004 Part IV Improvements were received
on Tuesday, September 7, 2004. One bid was received from Paulsen, Inc. of
Cozad, Nebraska in the amount of $313,132.75. The Engineer’s Opinion of
Probable Construction Cost was $406,271.50. The low bid from Paulsen, Inc. is
23% below the Engineer’s Opinion of Probable Construction Cost.
Moved by Kearney seconded by Clouse to approve the bids
received for the 2004 Part IV Improvements consisting of Paving
Improvement District No. 2003-872 for North Railroad Street from Central Avenue
to Avenue B and approve Resolution No. 2004-171 awarding the bid to Paulsen,
Inc. in the amount of $313,132.75. Roll call resulted as follows:
Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None.
Motion carried.
RESOLUTION
NO. 2004-171
WHEREAS, Kirkham Michael Consulting Engineers and the City of Kearney have
reviewed the sealed bids which were opened on September 2, 2004, at 2:00 p.m.
for the 2004 Part IV Improvements consisting of Paving Improvement
District No. 2003-872 for North Railroad Street from Central Avenue to Avenue
B; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project
was $406,271.50; and
WHEREAS, the said engineers have
recommended the bid offered by Paulsen Inc. of Cozad, Nebraska in the sum
of $313,132.75 be accepted as the lowest responsible bids.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska that the Engineers recommendation is hereby accepted and
approved, that Paulsen Inc. of Cozad, Nebraska be and is the lowest responsible
bidder for the 2004 Part IV Improvements consisting of Paving
Improvement District No. 2003-872 for North Railroad Street from Central Avenue
to Avenue B, to be constructed in accordance with the plans and specifications
on file with the City Clerk and that the bid of Paulsen Inc. of Cozad, Nebraska
in the sum of $313,132.75 be and is hereby accepted for the project.
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
2004 Part IV Improvements for in the amount of $406,271.50 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 14TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
AWARD BID FOR 2004 PART VII IMPROVEMENTS
Mayor Blankenship opened for discussion the bids received
for the 2004 Part VII Improvements consisting of Paving Improvement
District No. 2004-886 for Avenue K from 14th Street north to 15th Street,
Paving Improvement District No. 2004-887 for 14th Street from Avenue K east to
Avenue M, Paving Improvement District No. 2004-888 for 15th Street from Avenue
K east to Avenue M, Paving Improvement District No. 2004-889 for 15th Street
from Avenue H east to Avenue I; Water District No. 2004-533 for Avenue K from
14th Street north to 15th Street, Water District No. 2004-534 for 14th Street
from Avenue K east to Avenue M; Sewer District No. 2004-475 for Avenue K from
14th Street north to 15th Street, Sewer District No. 2004-476 for 14th Street
from Avenue K east to Avenue M, Sewer District No. 2004-477 for 15th Street
from Avenue K east to Avenue M; Water Connection District No. 2004-1 for 20th
Street from Avenue M east to Avenue O, Water Connection District No. 2004-2A
for Avenue N from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s
Grove Addition, Water Connection District No. 2004-3A for Avenue O from 20th
Street north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition,
Water Connection District No. 2004-4 for Avenue D from 11th Street north to
13th Street; Sewer Connection District No. 2004-1 in a sanitary sewer easement
in 18th Street, if extended, to Avenue O, Sewer Connection District No. 2004-2A
for Avenue O from 18th Street, if extended, north to the north line of Lot 9,
Block 6, Whiteaker’s Grove Addition, Sewer Connection District No. 2004-3 for
20th Street from Avenue M east to Avenue O, Sewer Connection District No.
2004-4A for Avenue N from 20th Street north to the north line of Lot 11, Block
7, Whiteaker’s Grove Addition, Sewer Connection District No. 2004-5 for 21st
Street from Avenue M east to Avenue N, Sewer Connection District No. 2004-6 for
22nd Street from Avenue M east to Avenue N, Sewer Connection District No.
2004-7 for Avenue D from 11th Street north to 13th Street, and the Water Main
Replacement Project for 4th Avenue between 22nd Street and 23rd Street and to
consider approval of Resolution No. 2004-172 awarding the bid to Starostka
Group Unlimited Inc. in the amount of $472,731.38 for Bid A (Water and Sewer
Districts) and to Blessing LLC in the amount of $202,301.00 for Bid B (Paving
Districts).
At the July 13, 2004 Council meeting the Council created
several water, sewer and paving districts for Southeast Kearney. At the
August 10, 2004 Council meeting two of the water connection districts and two
of the sewer connection districts were amended because incorrect lot numbers
were used on the exhibits. Also, at the August 10, 2004 Council meeting
the Council approved the plans and specifications and set September 7, 2004 as
the bid opening date.
The districts included in the 2004 Part VII Improvements are
Sewer Connection District No. 2004-1 in an easement in what would be 18th
Street, if extended, from Avenue M to Avenue O. Sewer Connection District
No. 2004-2A in vacated Avenue O and in platted Avenue O from 18th Street to
just north of 22nd Street. Sewer Connection District No. 2004-3 and Water
Connection District No. 2004-1 in 20th Street from Avenue O to Avenue M.
Sewer Connection District No. 2004-4A and Water Connection District No. 2004-2A
in Avenue N from 20th Street to just north of 22nd Street. Sewer
Connection District No. 2004-5 in 21st Street from Avenue N to Avenue M.
Sewer Connection District No. 2004-6 in 22nd Street from Avenue N to Avenue
M. Water Connection District No. 2004-3A in Avenue O from 20th Street to
22nd Street. Sewer Connection District No. 2004-7 and Water Connection District
No. 2004-4 in Avenue D from 11th Street to 13th Street.
The following districts were requested by a developer, and
are also included in the 2004 Part VII Improvements project, Paving District
No. 2004-886, Water District No. 2004-533 and Sewer District No. 2004-475 in
Avenue K from 14th Street to 15th Street; Paving District No. 2004-887, Water
District No.2004-534 and Sewer District No. 2004-476 in 14th Street from Avenue
K to Avenue M and Paving District No. 2004-888 and Sewer District No. 2004-477
in 15th Street from Avenue K to Avenue M. Also, included in the 2004 Part
VII bid package is Paving District No. 2004-889 for 15th Street from Avenue H
to Avenue I that was requested by a property owner living in the neighborhood.
The Utilities Department also included a water main
replacement project in the bid package in order to replace an old 2-inch water
main between 22nd Street and 23rd Street on the west side of 4th Avenue.
On September 7, 2004 sealed bids were received for the 2004
Part VII Improvements. Five bids were received, two bids for Bid A, the
water and sewer work, and three bids for Bid B, the paving. Starostka
Group Unlimited submitted the low bid for Bid A, the water and sewer portion of
the work, in the amount of $472,731.38. Blessing LLC submitted the low
bid for Bid B, the paving portion of the work, in the amount of $202,301.00.
Miller & Associates, the City’s Engineer, has prepared a
bid tabulation sheet and submitted a letter recommending award for review. The
water and sewer bid submitted by Starostka Group Unlimited is $199,890.62 below
the engineers estimate and the money to pay for this work has been included in
the Utilities Department Budget for 2004-2005. The paving bid submitted by
Blessing LLC is $40,223.50 below the engineers estimate and the money to pay
for this work has been included in the Public Works Budget for 2004-2005.
The work needs to be constructed in order to provide water and
sewer service to an area of Southeast Kearney, to allow development of a
planned duplex housing development to continue in Southeast Kearney and to
replace an old deteriorated water main on 4th Avenue between 22nd Street and
23rd Street.
Jeff Peterson from Miller & Associates was present to
answer any questions from the Council.
Moved by Clouse seconded by Hadley to approve the bids
received for the 2004 Part VII Improvements consisting of Paving
Improvement District No. 2004-886 for Avenue K from 14th Street north to 15th
Street, Paving Improvement District No. 2004-887 for 14th Street from Avenue K
east to Avenue M, Paving Improvement District No. 2004-888 for 15th Street from
Avenue K east to Avenue M, Paving Improvement District No. 2004-889 for 15th
Street from Avenue H east to Avenue I; Water District No. 2004-533 for Avenue K
from 14th Street north to 15th Street, Water District No. 2004-534 for 14th
Street from Avenue K east to Avenue M; Sewer District No. 2004-475 for Avenue K
from 14th Street north to 15th Street, Sewer District No. 2004-476 for 14th
Street from Avenue K east to Avenue M, Sewer District No. 2004-477 for 15th
Street from Avenue K east to Avenue M; Water Connection District No. 2004-1 for
20th Street from Avenue M east to Avenue O, Water Connection District No.
2004-2A for Avenue N from 20th Street north to the north line of Lot 11, Block
7, Whiteaker’s Grove Addition, Water Connection District No. 2004-3A for Avenue
O from 20th Street north to the north line of Lot 9, Block 6, Whiteaker’s Grove
Addition, Water Connection District No. 2004-4 for Avenue D from 11th Street
north to 13th Street; Sewer Connection District No. 2004-1 in a sanitary sewer
easement in 18th Street, if extended, to Avenue O, Sewer Connection District
No. 2004-2A for Avenue O from 18th Street, if extended, north to the north line
of Lot 9, Block 6, Whiteaker’s Grove Addition, Sewer Connection District No.
2004-3 for 20th Street from Avenue M east to Avenue O, Sewer Connection
District No. 2004-4A for Avenue N from 20th Street north to the north line of
Lot 11, Block 7, Whiteaker’s Grove Addition, Sewer Connection District No.
2004-5 for 21st Street from Avenue M east to Avenue N, Sewer Connection
District No. 2004-6 for 22nd Street from Avenue M east to Avenue N, Sewer
Connection District No. 2004-7 for Avenue D from 11th Street north to 13th
Street, and the Water Main Replacement Project for 4th Avenue between 22nd
Street and 23rd Street and approve Resolution No. 2004-172 awarding the bid to Starostka
Group Unlimited Inc. in the amount of $472,731.38 for Bid A (Water and Sewer
Districts) and to Blessing LLC in the amount of $202,301.00 for Bid B (Paving
Districts). Roll call resulted as follows: Aye: Blankenship,
Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion carried.
RESOLUTION
NO. 2004-172
WHEREAS, Miller & Associates and the City of Kearney have reviewed the
sealed bids which were opened on September 7, 2004, at 2:00 p.m. for the 2004
Part VII Improvements consisting of Paving Improvement District No.
2004-886 for Avenue K from 14th Street north to 15th Street, Paving Improvement
District No. 2004-887 for 14th Street from Avenue K east to Avenue M, Paving
Improvement District No. 2004-888 for 15th Street from Avenue K east to Avenue
M, Paving Improvement District No. 2004-889 for 15th Street from Avenue H east
to Avenue I; Water District No. 2004-533 for Avenue K from 14th Street north to
15th Street, Water District No. 2004-534 for 14th Street from Avenue K east to
Avenue M; Sewer District No. 2004-475 for Avenue K from 14th Street north to
15th Street, Sewer District No. 2004-476 for 14th Street from Avenue K east to
Avenue M, Sewer District No. 2004-477 for 15th Street from Avenue K east to
Avenue M; Water Connection District No. 2004-1 for 20th Street from Avenue M
east to Avenue O, Water Connection District No. 2004-2A for Avenue N from 20th
Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove Addition,
Water Connection District No. 2004-3A for Avenue O from 20th Street north to
the north line of Lot 9, Block 6, Whiteaker’s Grove Addition, Water Connection
District No. 2004-4 for Avenue D from 11th Street north to 13th Street; Sewer
Connection District No. 2004-1 in a sanitary sewer easement in 18th Street, if
extended, to Avenue O, Sewer Connection District No. 2004-2A for Avenue O from
18th Street, if extended, north to the north line of Lot 9, Block 6, Whiteaker’s
Grove Addition, Sewer Connection District No. 2004-3 for 20th Street from
Avenue M east to Avenue O, Sewer Connection District No. 2004-4A for Avenue N
from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove
Addition, Sewer Connection District No. 2004-5 for 21st Street from Avenue M
east to Avenue N, Sewer Connection District No. 2004-6 for 22nd Street from
Avenue M east to Avenue N, Sewer Connection District No. 2004-7 for Avenue D
from 11th Street north to 13th Street, and the Water Main Replacement Project
for 4th Avenue between 22nd Street and 23rd Street; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost for Bid A (Water
and Sewer Districts) was $672,623.50 and for Bid B (Paving Districts) was
$242,524.50; and
WHEREAS, the said engineers have
recommended the bid offered by Starostka Group Unlimited of Grand Island,
Nebraska in the sum of $472,731.38 for Bid A (Water and Sewer), and Blessing
LLC of Kearney, Nebraska in the sum of $202,301.00 for Bid B (Paving) be
accepted as the lowest responsible bids.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska that the Engineers recommendation is hereby accepted and
approved, that Starostka Group Unlimited of Grand Island, Nebraska be and is
the lowest responsible bidder for the 2004 Part VII Improvements
consisting of Water District No. 2004-533 for Avenue K from 14th Street north
to 15th Street, Water District No. 2004-534 for 14th Street from Avenue K east
to Avenue M; Sewer District No. 2004-475 for Avenue K from 14th Street north to
15th Street, Sewer District No. 2004-476 for 14th Street from Avenue K east to
Avenue M, Sewer District No. 2004-477 for 15th Street from Avenue K east to
Avenue M; Water Connection District No. 2004-1 for 20th Street from Avenue M
east to Avenue O, Water Connection District No. 2004-2A for Avenue N from 20th
Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove Addition,
Water Connection District No. 2004-3A for Avenue O from 20th Street north to
the north line of Lot 9, Block 6, Whiteaker’s Grove Addition, Water Connection
District No. 2004-4 for Avenue D from 11th Street north to 13th Street; Sewer
Connection District No. 2004-1 in a sanitary sewer easement in 18th Street, if
extended, to Avenue O, Sewer Connection District No. 2004-2A for Avenue O from
18th Street, if extended, north to the north line of Lot 9, Block 6, Whiteaker’s
Grove Addition, Sewer Connection District No. 2004-3 for 20th Street from
Avenue M east to Avenue O, Sewer Connection District No. 2004-4A for Avenue N
from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove
Addition, Sewer Connection District No. 2004-5 for 21st Street from Avenue M
east to Avenue N, Sewer Connection District No. 2004-6 for 22nd Street from
Avenue M east to Avenue N, Sewer Connection District No. 2004-7 for Avenue D
from 11th Street north to 13th Street, and the Water Main Replacement Project
for 4th Avenue between 22nd Street and 23rd Street to be constructed in
accordance with the plans and specifications on file with the City Clerk and
that the bid of Starostka Group Unlimited of Grand Island, Nebraska in the sum
of $472,731.38 be and is hereby accepted for Bid A (Water and Sewer Districts).
BE IT FURTHER RESOLVED by the President and City Council of the City of Kearney,
Nebraska that the Engineers recommendation is hereby accepted and approved,
that Blessing LLC of Kearney, Nebraska be and is the lowest responsible bidder
for the 2004 Part VII Improvements consisting of Paving Improvement
District No. 2004-886 for Avenue K from 14th Street north to 15th Street,
Paving Improvement District No. 2004-887 for 14th Street from Avenue K east to
Avenue M, Paving Improvement District No. 2004-888 for 15th Street from Avenue
K east to Avenue M, Paving Improvement District No. 2004-889 for 15th Street
from Avenue H east to Avenue I, to be constructed in accordance with the plans
and specifications on file with the City Clerk and that the bid of Blessing LLC
of Kearney, Nebraska in the sum of $202,301.00 be and is hereby accepted for
Bid B (Paving Districts).
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
2004 Part VII Improvements for Bid A (Water and Sewer Districts) in the
amount of $672,623.50 and for Bid B (Paving Districts) in the amount of
$242,524.50 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 14TH DAY OF SEPTEMBER, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
OPEN ACCOUNT
CLAIMS NPPD -- $2,905.87
WARD LABORATORIES - $84.00
Moved by Hadley seconded by Buschkoetter that Open Account
Claims in the amount of $2,905.87 payable to NPPD and in the amount of $84.00
to Ward Laboratories be allowed. Roll call resulted as follows:
Aye: Buschkoetter, Hadley, Kearney. Nay: None. Blankenship and
Clouse abstained. Motion carried.
VII. REPORTS
None.
VIII. ADJOURN
Moved by Buschkoetter seconded by Blankenship that Council adjourn
at 9:19 p.m. Roll call resulted as follows: Aye: Blankenship,
Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
BRUCE L. BLANKENSHIP
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK