Kearney, Nebraska
February 8, 2005
7:00 p.m.
A meeting
of the City Council of Kearney, Nebraska, was convened in open and public
session at 7:00 p.m. on February 8, 2005, in the Council Chambers at City Hall.
Present were: Galen D. Hadley, President of the Council; Michaelle Trembly,
City Clerk; Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and
Bruce Lear. Absent: None. Michael W. Morgan, 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: Marvon Reichert, Dana Daniels,
George Syring, Richard Lush, Bob McCoy, Bruce Grupe, Gary Story, Neal Lewis,
Paul Wice from KGFW Radio, and Mike Konz from Kearney Hub.
Notice of the meeting was given in advance thereof by
publication in the Kearney Hub, the designated method for giving notice, a copy
of the proof of publication being attached to these minutes. Advance
notice of the meeting was also given to the City Council and a copy of their
acknowledgment or receipt of such notice is attached to these minutes.
Availability of the Agenda was communicated in the advance notice and in the
notice to the Mayor and City Council. All proceedings hereafter shown
were taken while the meeting was open to the attendance of the public.
I. ROUTINE BUSINESS
INVOCATION
The Mayor and Council held a moment of silence.
PLEDGE OF ALLEGIANCE
Boy Scouts Drew Syring, Tristen Wiles, Braden Topol led the
Council members and audience in the Pledge of Allegiance.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
ONE & SIX YEAR STREET
IMPROVEMENT PLAN
Mayor Hadley opened the public hearing on the One and Six Year
Street Improvement Plan and to consider approval of Resolution No. 2005-12.
The Department of Roads, and each county and municipality
shall develop and file with the Board of Public Roads Classifications and
Standards a long-range, six-year plan of highway, road and street improvements
based on priority of needs and calculated to contribute to the orderly
development of an integrated statewide system of highways, roads, and
streets. In accordance with Section 39-2119 of the Nebraska Revised Statutes,
the City of Kearney is required to submit to the Nebraska Department of Roads
(NDOR) a One and Six Year Plan for street improvements prior to March 1 of each
year. City Council has received the proposed plan and, in accordance with the
law, must conduct a public hearing for soliciting input from the Council and
citizens.
At the January 25, 2005 City Council Meeting Gary Story
(Transportation Superintendent) and Bruce Grupe (City Engineer) presented the
projects for this year’s One and Six Year Plans. Since that meeting the
University Drive and Lakeview Drive Intersection Upgrade was moved from the One
Year Plan to the Six Year plan. Attached is the proposed 2005 One and Six
Year Plan. The proposed plan incorporates street improvements from the previous
Six Year Plan, various new improvements related to community development, and
other street/reconstruction needs.
Transportation Superintendent Gary Story stated that since
the last Council meeting, they have made one change regarding Project #213 for
University Drive and Lakeview Drive intersection, which was moved from the One
Year to the Six Year Plan. He did not receive any calls or questions
regarding the One and Six Year Plans as presented. Council member Clouse
stated that he has had no calls and everyone that he has talked to has been
positive about the plans. Council member Kearney agreed. Council member
Buschkoetter stated that he had talked to some people that previously had some
concerns, but since getting the information from the last meeting thought that
the City is on the right path. Mayor Hadley stated that he had not
received any calls and is amazed at the support and developer funding we have
for our growing City.
Marvon Reichert, 810 Rolling Hills, questioned when the City
would extend 39th Street from 30th Avenue to Cottonmill. He believes that
Rolling Hills needs to have another exit in addition to the existing one and
has concerns about the future safety of the bridge. Director of Public
Works Rod Wiederspan responded that this is the first year this project has
been on the Six Year Plan. The County has had it on their plan for a
number of years. As things have developed west from Cottonmill to the
east and subdivisions have come on line there has been some property dedicated
for the right-of way. At the present time, there is no right-of-way all
the way through. There was discussion at the County meeting this month about
extending it from Cedar Hills out to Dove Hill and working on it as a joint
venture. The City will look at it and see if they can come up with a plan
with the County. Mr. Wiederspan stated that the developer for Rolling Hills and
Equestrian Hills could not develop any further until there is another access or
another entrance into Rolling Hills. The City made that stipulation when
the subdivision for Equestrian Hills was approved. Mayor Hadley stated that on
the north edge of the Meadowlark Golf Course is also City property with
potential use of part of that land. Mr. Wiederspan stated that the City
owns half a mile west of 30th Avenue.
Mr. Reichert also stated that he was not sure if the City
was involved in the talk about redirecting Highway 30, but stated even if that
happens he believed that they would still need a stoplight on that
intersection. Redirecting Highway 30 would not alleviate the traffic
getting on and off the highway.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Clouse to close the hearing and
approve the One and Six Year Street Improvement Plan and approve Resolution No.
2005-12. Roll call resulted as follows: Aye: Hadley, Lear, Clouse,
Kearney, Buschkoetter. Nay: None. Motion carried.
RESOLUTION
NO. 2005-12
WHEREAS, the City of Kearney, Nebraska is required by Section 39-2119 of the
Nebraska Revised Statutes to adopt a One and Six Year Street Improvement
Program.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, at a Public Hearing held at approximately 7:00 p.m. on
February 8, 2005, in the Kearney City Council Chambers that the One Year City
Street Plan for fiscal year ending September 30, 2006 and the Six Year City
Street Plan ending September 30, 2011, are hereby adopted as listed on the
Summary of One Year Plan and the Summary of Six Year Plan, marked as Exhibit
“A” attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 8TH DAY OF FEBRUARY, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
REZONING – NORTH OF 50TH STREET
WEST OF 2ND AVENUE
Mayor Hadley stated that the applicant has submitted a
letter to the City requesting this matter to be tabled until March 8, 2005.
Moved by Clouse seconded by Lear to table until March 8,
2005 the Application submitted by Ronald Ridgway (Applicant) for Sorensen
Acres, LLC (Owner) to rezone from “District AG, Agricultural District” to
“District C-2/PD, Community Commercial District/Planned Development Overlay
District” property containing 4.05 acres, more or less, and to “District C-2,
Community Commercial District” property containing 2.44 acres, more or less,
all located in a tract of land being part of the East Half of the Northeast Quarter
of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County,
Nebraska (north of 50th Street west of 2nd Avenue). Roll call resulted as
follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion
carried.
DEVELOPMENT PLAN – WEST OF 3RD
AVENUE SOUTH OF 52ND STREET
Mayor Hadley stated that the applicant has submitted a
letter to the City requesting this matter to be tabled until March 8, 2005.
Moved by Clouse seconded by Lear to table until March 8,
2005 the Application submitted by Stanley Gould (Applicant) and Sorensen Acres,
LLC (Owner) for Planned District Development Plan Approval for the construction
of a shopping center on property to be rezoned to ‘District C-2/PD, Community
Commercial District/Planned Development Overlay District” for Phase I and
property zoned “District AG, Agricultural District” for Phase II, for a tract
of land described as being part of the East Half of the Northeast Quarter of
Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 6.45
acres, more or less, Buffalo County, Nebraska (west of 3rd Avenue south of 52nd
Street). Roll call resulted as follows: Aye: Hadley, Clouse, Kearney,
Buschkoetter, Lear. Nay: None. Motion carried.
INCLUSION OF SORENSEN PARK FOURTH
ADDITION TO CITY LIMITS
Mayor Hadley stated that the applicant has submitted a
letter to the City requesting this matter to be tabled until March 8, 2005.
Moved by Clouse seconded by Lear to table until March 8,
2005 the Application submitted by Ronald Ridgway (Applicant) for Sorensen
Acres, LLC (Owner) for the inclusion of “SORENSEN PARK FOURTH ADDITION”, an
addition to the City of Kearney, Buffalo County, Nebraska for a tract of land
described as being part of the East Half of the Northeast Quarter of Section
26, Township 9 North, Range 16 West of the 6th P.M., containing 7.03 acres,
more or less, Buffalo County, Nebraska (between 50th Street and 52nd Street
west of 2nd Avenue). Roll call resulted as follows: Aye: Hadley, Clouse,
Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
FINAL PLAT – SORENSEN PARK FOURTH
ADDITION
Mayor Hadley stated that the applicant has submitted a
letter to the City requesting this matter to be tabled until March 8, 2005.
Moved by Clouse seconded by Lear to table until March 8,
2005 the Application submitted by Ronald Ridgway (Applicant) for Sorensen
Acres, LLC (Owner) for final plat approval for “SORENSEN PARK FOURTH ADDITION”,
an addition to the City of Kearney, Buffalo County, Nebraska for a tract of
land described as being part of the East Half of the Northeast Quarter of
Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 7.03
acres, more or less, Buffalo County, Nebraska (between 50th Street and 52nd
Street west of 2nd Avenue). Roll call resulted as follows: Aye: Hadley, Clouse,
Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
IV. CONSENT AGENDA
Council member Lear abstained from voting for the reason he
had a conflict with Subsection 5 on the appointment of Timothy Thiele. Mr. Thiele
is employed at Platte Valley State Bank.
Moved by Buschkoetter seconded by Hadley that Subsections 1
through 10 of Consent Agenda Item IV be approved. Roll call resulted as follows:
Aye: Hadley, Kearney, Buschkoetter, Clouse. Nay: None. Lear abstained. Motion
carried.
1.
Approve Minutes of Regular Meeting held January 25, 2005.
2.
Approve the following Claims: AFLAC $1,584.00 Ded; Alamar $477.00 Various; Alltel
$4,365.67 Serv; AMAX $107.68 Su; Amer Electric $1,368.00 Rep; AmerUS Life Ins
$1,220.00 Prem; AT&T $106.13 Serv; Austin, J $53.48 Tr; B&B Auto Glass
$379.00 Rep; Baker & Taylor $2,139.54 Bks; Bamford $243.81 Rep; Barco
$4,005.00 Su; BBC Audiobooks $65.00 Bks; Beachner Construction $89,331.46 Serv;
Big Flag Farm Supply $41.60 Inv; Blessing $48,529.69 Serv; BlueCross Blue
Shield $80,836.11 Claims; Broadfoot Sand $1,947.00 Various; Brookings Municipal
Utilities $13,330.00 Serv; Bruha, S $259.44 Tr; Buffalo Co Comm Partners
$114.00 Fees; Buffalo Co Courthouse $40.00 Fees; Buffalo Co Court $329.08 Ded;
Butler Voigt & Stewart $1,071.00 Serv; CH2M Hill $1,092.41 Serv; CHAD
$16.00 Ded; Charter Paging $21.92 Serv; Cherry, C $20.00 Reim; City of Ky
$169,902.65 Various; City of Salina $889.44 Prem; CLH $309.00 Serv; College
Directory $350.00 Serv; College Savings Plan of NE $50.00 Ded; Component Tech
$113.82 Rep; Conner, D $53.48 Tr; Conseco Life Ins $38.00 Ded; Crocker
Monogramming $121.00 Cla; Crossroads Ford $1,727.91 Rep; Culligan $235.00
Various; D&S Lighting $7.00 Su; Dell $1,739.78 Various; Double M Farms
$2,000.00 Serv; Dowling, J $50.00 Rep; Dreyer, D $151.33 Various; Dugan
Business Forms $528.63 Su; Dutton-Lainson $138.69 Various; Eakes $1,615.77
Various; Ecolab $27.00 Su; Elliott $179.43 Su; Envirotech Services $8,522.95
Su; Farmers Union $1,007.10 Various; Fenmore, C $108.00 Serv; Freburg, N
$184.62 Ded; Frontier $778.04 Serv; Gall's $1,962.81 Incentives; Garrett Tires
$689.05 Rep; Gaylord Bros $71.19 Serv; Goodner, D $79.05 Reim; GrASP $75.00 Tr;
Grimes, J $19.41 Reim; Gryphon Wireless $15,000.00 Lease; Guthrie, T $20.00 Reim;
Hach $152.00 Rep; Harley Davidson $17,572.70 Vehicle; HER0247.Com $154.50 Cla; Highsmith
$14.53 Su; Holmes Plbg $156.78 Rep; Hometown Leasing $208.91 Serv; IACP $100.00
Dues; ICMA RC $2,728.57 Ded; Inland Truck Parts $358.60 Su; IRS $81,472.54 Ded;
James, D $259.44 Tr; Johnson Services $243.00 Rep; Ky Area United Way $2,464.76
Various; Ky Chamber of Commerce $35.00 Serv; Ky Hub $126.00 Dues; Ky Winnelson
$3,253.27 Various; Kirkham Michael & Assoc $12,621.58 Serv; Kirkwood, M
$32.10 Tr; Klingelhoefer, J $20.00 Ref; Klinginsmith, M $20.00 Ref; Koalaplay
Group $2,950.00 Serv; Kooyman, R $200.00 Ins; Lang, L $124.45 Tr; Lasertec of
NE $629.97 Su; Laughlin, K $360.00 Ded; Linda's Upholstery $114.97 Su; Location
Tech $806.50 Serv; Luke, D $241.60 Tr; Magic Cleaning $850.00 Serv; Maines
Electric $2,386.94 Rep; Marchand, M $122.90 Tr; Marlatt Machine Shop $449.00
Various; Mattley Adv & Design $30.00 Serv; McCollister $409.86 Inv; Metlife
$3,885.93 Ded; Michael Todd & Co $1,050.00 Inv; Mid America Pay Phones
$100.00 Serv; Midwest Turf $114.71 Rep; Miller & Associates $10,186.00 Serv;
Mosbarger, B $200.00 Ins; Motorola $2,439.00 Serv; Municipal Pipe Tool $278.13
Rep; Murphy Tractor $11,045.46 Rep; NAPA $31.36 Su; Nat'l Paper Supply $111.74
Su; NWWA $14,480.74 Various; NE Assoc of Airport Officials $200.00 Rep; NE
Child Support $1,045.43 Ded; NE Dept of Revenue $57,968.10 Various; NE Health
Lab $1,122.00 Su; NE Municipal Clerks Assoc $60.00 Dues; NE Onsite Waste Water
Assoc $135.00 Tr; NE Salt & Grain $10,353.71 Su; NE Supreme Court $132.00
Various; Northwestern Energy $6,986.43 Serv; Office Depot $872.09 Su; Officenet
$122.41 Su; Olsson Associates $2,300.85 Serv; Olympia Petroleum $1,069.36
Lease; On-Site Mobile Sharpening $48.28 Su; Orr, L $100.00 Cla; Paramount
$16.00 Rep; Paulsen $13,447.64 Serv; Payflex Systems $391.00 Various; Platte
Valley Comm $24.00 Serv; Pool, K $20.00 Ref; Postmaster $774.00 Pstg; Preferred
Mail $27.19 Pstg; Premier Contractors $2,300.00 Serv; Presto-X $145.00 Rep;
Random House $364.80 Bks; Recorded Books $243.55 Bks; Riverside Animal Hospital
$2,198.50 Serv; Roper's Radiator $369.39 Su; Safety League $367.95 Various;
School District #7 $1,121.20 Remittance; Sheldon, S $48.14 Cla; Sherwin
Williams $739.21 Various; Showcases $399.60 Serv; Sign Center $115.00 Rep;
Smithsonian $12.00 Bks; Snap On Tools $19.95 Su; Sprint $81.31 Serv; Starostka Group
$54,959.47 Serv; State of NE DAS Comm $27.16 Serv; State of NE Dept of HHS
$119.00 License; Thompson, J $53.48 Tr; Thompson, K $13.71 Tr; Tool Doctor
$70.00 Su; Turner Body Shop $45.00 Serv; Union Oil $12,927.00 Inv; Van Diest
Supply $5,118.45 Various; Video Kingdom $89.99 Su; Village Uniform $350.02
Various; Walsh, C $27.64 Tr; Washington State Support $102.01 Ded; Wellness
Works $250.00 Fees; Wiederspan, R $43.84 Reim; Yellow Van Cleaning $299.50 Rep;
Payroll Ending 01-22-2005 -- $248,855.97. 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 Developer Constructed Infrastructure Agreement for Eastbrooke
Seventh Addition between the City of Kearney and C & C Development and
Central Contracting Corp. to construct public improvements and approve
Resolution No. 2005-16.
RESOLUTION
NO. 2005-16
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the agreement entitled “Developer Constructed Infrastructure Agreement”
for Eastbrooke Seventh Addition, an addition to the City of Kearney, Buffalo
County, Nebraska be and is hereby accepted and approved. A copy of said
Agreement marked Exhibit 1 is attached hereto, negotiated by and between the
City of Kearney and C & C Development and Central Contracting Corp., and
the President of the Council is hereby authorized and directed to execute the
same agreement on behalf of the City of Kearney.
PASSED AND APPROVED THIS 8TH DAY OF FEBRUARY, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
4.
Approve the request submitted by the UNK Loper Programming and Activities
Council to conduct the 3rd Annual Fun 5K Race/Walk on April 16, 2005 beginning
at 8:30 a.m. The Route will begin at the UNK Practice Field on 15th Avenue,
west on North Railroad Street, continuing on the 30th Avenue Overpass, east on
11th Street and south on Kea West Road and ending at Yanney Park.
5.
Approve the recommendation by the Mayor on the reappointment of Randy DeFreece
to serve on the Park and Recreation Advisory Board, and the appointment of
Timothy Thiele to serve on the City of Kearney Facilities Corporation.
6.
Approve the recommendation from Administration on accepting the public
improvements for Grace Addition that was constructed under a Developer
Constructed Infrastructure Agreement and approve Resolution No. 2005-17.
RESOLUTION
NO. 2005-17
WHEREAS, on the 13th day of July, 2004, the President and Council of the City
of Kearney, Nebraska passed and approved Resolution No. 2004-119 authorizing
the President of the Council to execute the Developer Constructed
Infrastructure Agreement between the City of Kearney and DT Development, Inc.
for the installation of public infrastructure in Grace Addition; and
WHEREAS, the Developer has constructed the public improvements which include
water, sanitary sewer, paving, and storm sewer in accordance with the
requirements and standards set forth in Article 13 “Developer Constructed
Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney;
and
WHEREAS, in accordance with Section 9-1318 “Acceptance of Article 13 “Developer
Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City
of Kearney the Developer has, by and through its attorney, certified to the
City that there are no liens or other encumbrances against the construction
work; and
WHEREAS, the City’s Engineers have determined that the work is in compliance
with the design and is complete.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF
KEARNEY, NEBRASKA, that the public improvements which include water, sanitary
sewer, paving, and storm sewer for Grace Addition, an addition to the City of
Kearney, Buffalo County, Nebraska have been constructed in accordance with
Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works”
of the Code of the City of Kearney and that the said public improvements be and
are hereby accepted.
PASSED AND APPROVED THIS 8TH DAY OF FEBRUARY, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
7.
Approve the recommendation from Administration on rejecting the bids received
for a tractor/loader backhoe for the Utilities/Water Distribution Division.
8.
Approve Change Order No. 1 showing an increase in the amount of $796.00,
Application and Certificate for Payment No. 1-Final in the amount $127,248.00,
and the Certificate of Substantial Completion submitted by Midlands Contracting
and approved by Miller & Associates for the 2004 Part IX Improvements –
Bid A consisting of Water District No. 2004-535 in 12th Avenue from a point
604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th
Street from the west lot line of Lot 6, Block 3, east to the east lot line of
Lot 6, Block 1, all in Park View Estates Second Addition to the City of
Kearney, Buffalo County, Nebraska; Sewer District No. 2004-478 in 12th Avenue
from a point 604± feet south of 11th Street south to its terminus in a
cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to
the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition
to the City of Kearney, Buffalo County, Nebraska and approve Resolution No.
2005-18.
RESOLUTION
NO. 2005-18
WHEREAS, Midlands Contracting, Inc.
has performed services in connection with the 2004 Part IX Improvements –
Bid A consisting of Water District No. 2004-535 in 12th Avenue from a point
604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th
Street from the west lot line of Lot 6, Block 3, east to the east lot line of
Lot 6, Block 1, all in Park View Estates Second Addition to the City of
Kearney, Buffalo County, Nebraska; Sewer District No. 2004-478 in 12th Avenue
from a point 604± feet south of 11th Street south to its terminus in a
cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to
the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition
to the City of Kearney, Buffalo County, Nebraska, and the City's engineer,
Miller & Associates, have filed with the City Clerk Change Order No. 1
showing an increase in the amount of $796.00 as shown on Exhibit “A” attached
hereto and made a part hereof by reference; and
WHEREAS, Midlands Contracting, Inc.
and Miller & Associates have filed with the City Clerk Application and
Certificate for Payment No. 1-Final in the amount of $127,248.00 as shown on
Exhibit “B” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$126,452.00
|
|
Change Order No. 1 (2-8-2005)
|
+
796.00
|
|
|
|
|
Contract Sum To Date
|
127,248.00
|
|
Gross Amount Due
|
127,248.00
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
127,248.00
|
|
Less Previous Certificates for Payment
|
.00
|
|
Current Payment Due
|
$127,248.00
|
WHEREAS, the Engineer and Contractor have now certified to the City Clerk that
work is completed as of December 21, 2004, as shown by Exhibit “C” attached
hereto and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as
shown on Exhibit “A”, Application and Certificate for Payment No. 1-Final, as
shown on Exhibit “B”, and the Certificate of Substantial Completion, as shown
on Exhibit “C” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 8TH DAY OF FEBRUARY, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
9.
Approve the application for a Special Designated License submitted by STEVE
& JONI PAULSEN, dba “Party Pros Catering” in connection with their Class
D/K61563 Catering Liquor License to dispense beer, wine and distilled spirits
in the Exposition Building at the Buffalo County Fairgrounds, 3807 Avenue N, on
March 11 and 12, 2005 from 5:00 p.m. until 1:00 a.m. each day in connection
with a rodeo.
10.
Approve the application for a Special Designated License submitted by STEVE
& JONI PAULSEN, dba “Party Pros Catering” in connection with their Class
D/K61563 Catering Liquor License to dispense beer, wine and distilled spirits
in the Exhibit Building at the Buffalo County Fairgrounds, 3807 Avenue N, on
March 19, 2005 from 8:00 a.m. until 1:00 a.m. in connection with a motorcycle
show.
V. CONSENT AGENDA
ORDINANCES
None.
VI. REGULAR AGENDA
ORDINANCE NO. 7144 – REZONING;
NORTH OF 50TH STREET WEST OF 2ND AVENUE
Mayor Hadley stated that the applicant has submitted a
letter to the City requesting this matter to be tabled until March 8, 2005.
Moved by Hadley seconded by Kearney to table until March 8,
2005 Ordinance No. 7144 rezoning from “District AG, Agricultural District” to
“District C-2/PD, Community Commercial District/Planned Development Overlay
District” property containing 4.05 acres, more or less, and to “District C-2,
Community Commercial District” property containing 2.44 acres, more or less,
all located in a tract of land being part of the East Half of the Northeast
Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo
County, Nebraska (north of 50th Street west of 2nd Avenue). Roll call resulted
as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None.
Motion carried.
ORDINANCE NO. 7145 – WATER
CONNECTION DISTRICT NO. 2005-1
Regular Agenda Items 2, 3 and 4 were discussed together.
Director of Utilities Kirk Stocker stated in this year’s
budget the City of Kearney included $700,000.00 to construct three water connection
districts around Northwest Kearney. This project was referred to as the
Northwest Water Main Loop in last year’s Long Range Goals. The water main
is needed in order to loop the City water system for future development in
Northwest Kearney and in order for the City water system to be able to accept
water delivered from the proposed Northwest Wellfield.
Water Connection District No. 2005-1 is being created to
construct a water main in 56th Street from 30th Avenue to 17th Avenue.
Water Connection District No. 2005-2 is being created to construct a water main
in 17th Avenue northward 1,000 feet from 56th Street. Water Connection
District No. 2005-3 is being created to construct a water main in 30th Avenue
from 48th Street to 56th Street.
The 30th Avenue and 56th Street water mains are planned to
be 24-inch diameter in order to accept water from the proposed Northwest Wellfield,
which is being designed to deliver up to 9 million gallons of water per day to
the City. The 56th Street and 30th Avenue water mains will connect to
existing 16-inch diameter water mains.
The 17th Avenue water main will be a 16-inch diameter water
main and is being included in the project to serve potential development that
can be served by the existing sanitary sewer main located in 56th Street.
Also, constructing the 17th Avenue water main now will allow the water main to
be built ahead of possible changes to the 17th Avenue and 56th Street
intersection that may come about in the future, without disrupting water service
to future developments located north of 56th Street.
Council Member Kearney introduced Ordinance No. 7145, being
Subsection 2 of Agenda Item VI to create Water Connection District No. 2005-1
for 56th Street from 17th Avenue to 30th 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: Hadley, Clouse, Kearney,
Buschkoetter, Lear. 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. 7145 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion
carried. Ordinance was read by number.
Moved by Clouse seconded by Lear that Ordinance No. 7145 be
passed, approved and published as required by law. Roll call resulted as
follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7145 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. 7146 – WATER
CONNECTION DISTRICT NO. 2005-2
Regular Agenda Items 2, 3 and 4 were discussed together.
Director of Utilities Kirk Stocker stated in this year’s
budget the City of Kearney included $700,000.00 to construct three water
connection districts around Northwest Kearney. This project was referred to as
the Northwest Water Main Loop in last year’s Long Range Goals. The water
main is needed in order to loop the City water system for future development in
Northwest Kearney and in order for the City water system to be able to accept
water delivered from the proposed Northwest Wellfield.
Water Connection District No. 2005-1 is being created to
construct a water main in 56th Street from 30th Avenue to 17th Avenue.
Water Connection District No. 2005-2 is being created to construct a water main
in 17th Avenue northward 1,000 feet from 56th Street. Water Connection
District No. 2005-3 is being created to construct a water main in 30th Avenue
from 48th Street to 56th Street.
The 30th Avenue and 56th Street water mains are planned to
be 24-inch diameter in order to accept water from the proposed Northwest Wellfield,
which is being designed to deliver up to 9 million gallons of water per day to
the City. The 56th Street and 30th Avenue water mains will connect to
existing 16-inch diameter water mains.
The 17th Avenue water main will be a 16-inch diameter water
main and is being included in the project to serve potential development that
can be served by the existing sanitary sewer main located in 56th Street.
Also, constructing the 17th Avenue water main now will allow the water main to
be built ahead of possible changes to the 17th Avenue and 56th Street
intersection that may come about in the future, without disrupting water
service to future developments located north of 56th Street.
Council Member Kearney introduced Ordinance No. 7146, being
Subsection 3 of Agenda Item VI to create Water Connection District No. 2005-2
for 17th Avenue from 56th Street north a distance of 1,033 feet, 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: Hadley, Clouse, Kearney,
Buschkoetter, Lear. 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. 7146 by number. Roll call of those in
favor of the passage of said ordinance on the first reading resulted as
follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion
carried. Ordinance was read by number.
Moved by Clouse seconded by Lear that Ordinance No. 7146 be
passed, approved and published as required by law. Roll call resulted as follows:
Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7146 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. 7147 – WATER
CONNECTION DISTRICT NO. 2005-3
Regular Agenda Items 2, 3 and 4 were discussed together.
Director of Utilities Kirk Stocker stated in this year’s
budget the City of Kearney included $700,000.00 to construct three water
connection districts around Northwest Kearney. This project was referred to as
the Northwest Water Main Loop in last year’s Long Range Goals. The water
main is needed in order to loop the City water system for future development in
Northwest Kearney and in order for the City water system to be able to accept
water delivered from the proposed Northwest Wellfield.
Water Connection District No. 2005-1 is being created to
construct a water main in 56th Street from 30th Avenue to 17th Avenue.
Water Connection District No. 2005-2 is being created to construct a water main
in 17th Avenue northward 1,000 feet from 56th Street. Water Connection
District No. 2005-3 is being created to construct a water main in 30th Avenue
from 48th Street to 56th Street.
The 30th Avenue and 56th Street water mains are planned to
be 24-inch diameter in order to accept water from the proposed Northwest Wellfield,
which is being designed to deliver up to 9 million gallons of water per day to
the City. The 56th Street and 30th Avenue water mains will connect to
existing 16-inch diameter water mains.
The 17th Avenue water main will be a 16-inch diameter water
main and is being included in the project to serve potential development that
can be served by the existing sanitary sewer main located in 56th Street.
Also, constructing the 17th Avenue water main now will allow the water main to
be built ahead of possible changes to the 17th Avenue and 56th Street
intersection that may come about in the future, without disrupting water
service to future developments located north of 56th Street.
Council Member Kearney introduced Ordinance No. 7147, being
Subsection 4 of Agenda Item VI to create Water Connection District No. 2005-3
for 30th Avenue from 48th Street north to 56th Street, and moved that the
statutory rules requiring ordinances to be read by title on three different
days be suspended and said ordinances be considered for passage on the same day
upon reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member 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: Hadley, Clouse, Kearney,
Buschkoetter, Lear. 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. 7147 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion
carried. Ordinance was read by number.
Moved by Clouse seconded by Lear that Ordinance No. 7147 be
passed, approved and published as required by law. Roll call resulted as
follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7147 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. 7148 – PAVING
DISTRICT NO. 2005-893
Regular Agenda Items 5, 6 and 7 were discussed together.
Director of Public Works Rod Wiederspan stated Chapter 16 of
the Nebraska Revised Statutes spells out the rules by which paving, water, and
sewer districts may be created in public entities. Basically, the Council
has the power to create districts and make improvements and assess the costs to
the property which is benefited by the improvements.
After such a district has been requested, the Mayor and Council
by ordinance shall create districts according to Sections 16-619 and 16-667 of
the Nebraska Revised Statutes. At that time, the City must publish notice
of the creation of the district one time each week for not less than 20 days in
a daily or weekly newspaper of general circulation in the City. After
publication, if the owners of the record title representing more than 50% of
the front footage of the property abutting or adjoining any continuous or
extending improvements objects in writing within 20 days (30 days for water and
sewer) from the first publication of said notice the work will not be
done. If objections are not filed against the district in a timely manner
which meets the law, the Mayor and Council shall proceed to construct such improvements.
The City received a letter from Fred Hammer requesting that
paving, water and sewer districts be created within 9th Avenue from 10th Street
to 11th Street and for 10th Street from 9th Avenue east a distance of 604±
feet. Administration has been working with Mr. Hammer and Mr. Hammer has
changed his request to improve 9th Avenue only at this time. According to the
state statutes, the Council has the authority to pass ordinances which would
create the districts and begin the process prescribed by law.
Because the developer has requested to develop this land,
the ordinances require him to deposit fifty percent of the total estimated cost
of the districts as provided in Section 57-102 of the Unified Land Development
Ordinance, being a part of the Kearney City Code. Any remaining unpaid
costs of the improvements shall be assessed against the property in said
districts on a basis of special benefit to the property, if any, as provided by
law.
Council Member Lear introduced Ordinance No. 7148, being
Subsection 5 of Agenda Item VI to create Paving Improvement District No.
2005-893 for 9th Avenue from 10th Street to 11th Street, and moved that the
statutory rules requiring ordinances to be read by title on three different
days be suspended and said ordinances be considered for passage on the same day
upon reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member 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: Hadley, Buschkoetter,
Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared
passed and adopted. City Clerk read Ordinance No. 7148 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion
carried. Ordinance was read by number.
Moved by Buschkoetter seconded by Hadley that Ordinance No.
7148 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7148 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. 7149 – WATER
DISTRICT NO. 2005-536
Regular Agenda Items 5, 6 and 7 were discussed together.
Director of Public Works Rod Wiederspan stated Chapter 16 of
the Nebraska Revised Statutes spells out the rules by which paving, water, and
sewer districts may be created in public entities. Basically, the Council
has the power to create districts and make improvements and assess the costs to
the property which is benefited by the improvements.
After such a district has been requested, the Mayor and Council
by ordinance shall create districts according to Sections 16-619 and 16-667 of
the Nebraska Revised Statutes. At that time, the City must publish notice
of the creation of the district one time each week for not less than 20 days in
a daily or weekly newspaper of general circulation in the City. After
publication, if the owners of the record title representing more than 50% of
the front footage of the property abutting or adjoining any continuous or
extending improvements objects in writing within 20 days (30 days for water and
sewer) from the first publication of said notice the work will not be
done. If objections are not filed against the district in a timely manner
which meets the law, the Mayor and Council shall proceed to construct such improvements.
The City received a letter from Fred Hammer requesting that
paving, water and sewer districts be created within 9th Avenue from 10th Street
to 11th Street and for 10th Street from 9th Avenue east a distance of 604±
feet. Administration has been working with Mr. Hammer and Mr. Hammer has
changed his request to improve 9th Avenue only at this time. According to the
state statutes, the Council has the authority to pass ordinances which would
create the districts and begin the process prescribed by law.
Because the developer has requested to develop this land,
the ordinances require him to deposit fifty percent of the total estimated cost
of the districts as provided in Section 57-102 of the Unified Land Development
Ordinance, being a part of the Kearney City Code. Any remaining unpaid
costs of the improvements shall be assessed against the property in said
districts on a basis of special benefit to the property, if any, as provided by
law.
Council Member Lear introduced Ordinance No. 7149, being
Subsection 6 of Agenda Item VI to create Water District No. 2005-536 for 9th
Avenue from 10th Street to 11th Street, and moved that the statutory rules
requiring ordinances to be read by title on three different days be suspended
and said ordinances be considered for passage on the same day upon reading by
number only, and then placed on final passage and that the City Clerk be
permitted to call out the number of the ordinance on its first reading and then
upon its final passage. Council Member 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: Hadley, Buschkoetter, Lear, Clouse,
Kearney. Nay: None. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and adopted.
City Clerk read Ordinance No. 7149 by number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye:
Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.
Ordinance was read by number.
Moved by Buschkoetter seconded by Hadley that Ordinance No.
7149 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and final
passage of the ordinance, Ordinance No. 7149 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. 7150 – SEWER
DISTRICT NO. 2005-479
Regular Agenda Items 5, 6 and 7 were discussed together.
Director of Public Works Rod Wiederspan stated Chapter 16 of
the Nebraska Revised Statutes spells out the rules by which paving, water, and sewer
districts may be created in public entities. Basically, the Council has
the power to create districts and make improvements and assess the costs to the
property which is benefited by the improvements.
After such a district has been requested, the Mayor and
Council by ordinance shall create districts according to Sections 16-619 and
16-667 of the Nebraska Revised Statutes. At that time, the City must
publish notice of the creation of the district one time each week for not less
than 20 days in a daily or weekly newspaper of general circulation in the
City. After publication, if the owners of the record title representing
more than 50% of the front footage of the property abutting or adjoining any
continuous or extending improvements objects in writing within 20 days (30 days
for water and sewer) from the first publication of said notice the work will
not be done. If objections are not filed against the district in a timely
manner which meets the law, the Mayor and Council shall proceed to construct
such improvements.
The City received a letter from Fred Hammer requesting that
paving, water and sewer districts be created within 9th Avenue from 10th Street
to 11th Street and for 10th Street from 9th Avenue east a distance of 604±
feet. Administration has been working with Mr. Hammer and Mr. Hammer has
changed his request to improve 9th Avenue only at this time. According to the
state statutes, the Council has the authority to pass ordinances which would
create the districts and begin the process prescribed by law.
Because the developer has requested to develop this land,
the ordinances require him to deposit fifty percent of the total estimated cost
of the districts as provided in Section 57-102 of the Unified Land Development
Ordinance, being a part of the Kearney City Code. Any remaining unpaid
costs of the improvements shall be assessed against the property in said
districts on a basis of special benefit to the property, if any, as provided by
law.
Council Member Lear introduced Ordinance No. 7150, being
Subsection 7 of Agenda Item VI to create Sewer District No. 2005-479 for 9th
Avenue from 10th Street to 11th Street, and moved that the statutory rules
requiring ordinances to be read by title on three different days be suspended
and said ordinances be considered for passage on the same day upon reading by
number only, and then placed on final passage and that the City Clerk be
permitted to call out the number of the ordinance on its first reading and then
upon its final passage. Council Member 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: Hadley, Buschkoetter, Lear,
Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred
in by three-fourths of the City Council, said motion was declared passed and
adopted. City Clerk read Ordinance No. 7150 by number. Roll call of those in
favor of the passage of said ordinance on the first reading resulted as
follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion
carried. Ordinance was read by number.
Moved by Buschkoetter seconded by Hadley that Ordinance No.
7150 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7150 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.
PLANS AND SPECIFICATIONS FOR CELL
6 OF PHASE II AT KEARNEY AREA SOLID WASTE AGENCY LANDFILL
Mayor Hadley opened for discussion the Plans and
Specifications for the construction of Cell 6 of Phase II at the Kearney Area
Solid Waste Agency Landfill and set the bid opening date for February 28, 2005
at 2:00 p.m.
In this year’s budget the Solid Waste Agency Division
included funds to construct Cell 6 in Phase II of the landfill. This cell
needs to be constructed at this time in order for landfill operators to have
choices of where to dispose of waste on inclement weather days and on windy
days that may generate airborne litter.
The Solid Waste Agency Division also included funds in this
year’s budget to close Cells 1 and 2 in Phase I. However, the City’s
engineer is recommending that this closure be delayed at least one year to
allow for some initial settling of the waste in these cells. Allowing the
waste to go through some initial settling before closing the cells will make
the closure construction operations less difficult for a contractor and reduce
project costs.
The landfill still has several years of space available for
waste disposal on Cells 3, 4 and 5 of Phase I. However, as these cells
approach capacity and become higher in elevation, it is important to have another
cell at a lower elevation available for waste disposal during days of inclement
weather and high wind.
The Phase II layout shows the footprint of the existing
Phase I and the proposed Phase II. At this time we are only proposing to
construct Cell 6 of Phase II. Cell 6 of Phase II will be approximately
1,100 feet long and 200 feet wide and will be about five acres in size.
The Floor Design shows about a 120-foot space between Phase
I and Phase II. This space cannot be built as landfill cells as the space
is reserved to accommodate storm water flows from the landfill cap. It is
important that the storm water from the landfill cap be routed through the
storm water detention basin before being discharged to downstream
properties. This provides for controlled release of storm water flows and
a significant reduction in sediment leaving the site.
The plans not only include construction of Cell 6 of Phase
II but also include rerouting the haul road east and north around the northeast
corner of the proposed cell. Additionally, large culverts will be
installed and a haul road will be constructed near the southwest corner of Cell
6 of Phase II across the existing natural waterway. This construction
will provide access to the south side of the waterway where excess soil will be
stockpiled and daily cover material will be stored for future use.
Dana Daniels from Miller & Associates stated that this
plan is to recap the original footprint of the landfill which consisted of five
cells. The phase construction on that initial footprint began in 1993 and
the facility was opened in April 1994. All five cells in the first
footprint have been constructed and there is approximately three years of life
expectancy remaining. To provide for orderly development, they propose to
construct the first cell in the second phase. The construction would be
comprised of 5.2 acres. Landfill construction cost on average is
$90,000-$110,000 per acre. There is some additional construction with
this project to facilitate moving the material out of the road. There is
about 156,000 cubic yards of additional excavation. The landfill
construction is comprised of four foot of the material, two foot low perm clay
liner, which is the base of the construction and a 60-ml HDPE liner, a gravel
collection layer that is constructed in place. There will be a protective
cover of 12 inches of soil placed over the drainage layer. The engineer’s
opinion of probable construction cost would range between $575,000 - $650,000.
The project is scheduled to be completed by September 15, 2005.
Council Member Buschkoetter asked if there is three years
remaining in Cell 5 why is Cell 6 being opened so early? Mr. Daniels
replied that it would provide for operational options as the landfill works its
way toward the cap. On the higher elevations, wind becomes more of a
consideration. There are also days where moisture makes it difficult for
trucks to get up to that higher elevation. This cell would be available
(especially in the spring during periods of rainfall) for easy access.
Council member Kearney asked why the access road on the
north side of the cell is being done in phases? He believed that it might
be cheaper to do the access road all the way around at the beginning. Mr.
Daniels stated that the only reason that they are relocating that access road a
short distance is because if they slide that access road 200 feet to the east,
it will fall into that canyon. That canyon will require approximately 20-foot
of fill, which becomes a safety hazard. The other consideration is
that the City does not need the access road more than the 3-4 years that it
will take to fill phase one. That road will only have a limited lifespan
and traffic access will no longer be needed to the phase one area, but access
will then be needed to the phase two area.
Moved by Hadley seconded by Kearney to approve the Plans and
Specifications for the construction of Cell 6 of Phase II at the Kearney Area
Solid Waste Agency Landfill and set the bid opening date for February 28, 2005
at 2:00 p.m. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney,
Buschkoetter, Lear. Nay: None. Motion carried.
ORDINANCE NO. 7151 – VACATE
EASEMENTS IN KEENS PARK ADDITION
City Attorney Michael Kelley stated as part of the Avenue
M/N Overpass project, the City was required to condemn portions of property
owned by the Farmer’s Union Cooperative Association of Kearney, Nebraska on
both the north and south ends of the overpass. The Buffalo County Board
of Appraisers, in its Return to the County Court, awarded Cenex Finance
Association, Inc. and Farmers Union Coop the sum of $82,116.00 plus any
interest for the acquisition of portions of Tracts 6 and 28. The
Respondents, Coop and Cenex, were dissatisfied with the award and filed an
Appeal to the Buffalo County District Court.
As part of the Settlement Agreement reached by the parties,
the City agreed to sell to Coop real estate described as the West Half of Lot
89, all of Lot 90, and the East Half of Lots 91, all in Keene’s Park Addition
to the City of Kearney for the appraised value of $33,447.00. In
accordance with the Settlement Agreement and Ordinance 7120, the City reserved
in the Quitclaim Deed a ten-foot permanent easement across the southern
portions of Lots 89, 90 and 91 for maintenance, repair and operation of an
east/west sanitary sewer and a 25-foot wide permanent easement for maintenance
of a north/south sanitary sewer on, under and through Lot 91 and for the
maintenance, repair, replacement, and operation of the Overpass embankment
retaining and stabilization wall located on the West Half of Lot 91. The
easements restricted the Coop from locating buildings and other permanent
structures on the easement areas and from interfering with the City’s reasonable
access to and use of the easement areas for easement purposes. The Coop
purchased a building to be located on a portion of the said Lots, and now
desire to relocate the existing east/west sewer in order to accommodate the
location of the building. In exchange for the vacation of these
easements, the Coop will execute new easements to the owner(s) of Lots 87 and
88, and the City of Kearney in order for the sewer line to be relocated.
Council Member Kearney introduced Ordinance No. 7151, being
Subsection 9 of Agenda Item VI to vacate a 10-foot permanent easement lying in
Lots 89, 90 and 91, and to vacate a 25-foot permanent easement lying in Lot 91,
all in Keens Park Addition to the City of Kearney, Buffalo County, Nebraska,
and moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage
on the same day upon reading by number only, and then placed on final passage
and that the City Clerk be permitted to call out the number of the ordinance on
its first reading and then upon its final passage. Council Member 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: Hadley,
Kearney, Buschkoetter, Lear, 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. 7151 by number. Roll
call of those in favor of the passage of said ordinance on the first reading
resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay:
None. Motion carried. Ordinance was read by number.
Moved by Clouse seconded by Lear that Ordinance No. 7151 be
passed, approved and published as required by law. Roll call resulted as
follows: Aye: Hadley, Buschkoetter, Lear, 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. 7151 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.
PLANS AND SPECIFICATIONS FOR
DRYDEN AND HARMON PARK BALL FIELD LIGHTS
Mayor Hadley opened for discussion the Plans and
Specifications for the Dryden Park Ball Field Lighting and Harmon Park Ball Field
Lighting Projects and set the bid opening date for March 1, 2005.
Director of Park & Recreation Neal Lewis presented this
matter to the Council. He stated at Dryden Park which is now the girl’s fast
pitch park, and at Harmon Park which is the Little League park, the lights are
probably in the 40-50 year range. The lighting being looked at is much
more efficient, better quality and possibly cheaper to operate. Both of
these projects will be bid together to hopefully get a cost break.
Moved by Lear seconded by Buschkoetter to approve the Plans
and Specifications for the Dryden Park Ball Field Lighting and Harmon Park Ball
Field Lighting Projects and set the bid opening date for March 1, 2005.
Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
OPEN ACCOUNT CLAIMS
-- NEBRASKA PUBLIC POWER DISTRICT - $2,910.43;
FREMONT NATIONAL BANK - $36,122.15; UNK - $1,761.88
Moved by Hadley seconded by Kearney that Open Account Claims
in the amount of $2,910.43 payable to Nebraska Public Power District; and to
Fremont National Bank in the amount of $36,122.15 be allowed. Roll call
resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Clouse and
Lear abstained. Motion carried.
Moved by Kearney seconded by Clouse that Open Account Claims
in the amount of $1,761.88 to University of Nebraska at Kearney be allowed.
Roll call resulted as follows: Aye: Kearney, Buschkoetter, Lear, Clouse. Nay:
None. Hadley abstained. Motion carried.
VII. REPORTS
EXECUTIVE SESSION
Moved by Clouse seconded by Lear that Council adjourn into
executive session at 7:29 p.m. on February 8, 2005 for the protection of the
public interest and specifically for the discussion of legal matters. Roll call
resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay:
None. Motion carried.
Moved by Lear seconded by Buschkoetter that Council
reconvene in regular session at 7:47 p.m. on February 8, 2005. Roll call
resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay:
None. Motion carried.
VIII. ADJOURN
Moved by Buschkoetter seconded by Kearney that Council adjourn
at 7:48 p.m. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney,
Buschkoetter, Lear. Nay: None. Motion carried.
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK