Kearney, Nebraska
March 22, 2005
7:00 p.m.
Prior to the regular Council
meeting, the Council met as the Board of Directors for the Kearney Municipal
Airport Corporation in open and public session at 7:00 p.m. on March 22, 2005 in
the Council Chambers at City Hall. This meeting adjourned at 7:08 p.m. A
meeting of the City Council of Kearney, Nebraska, was then convened in open and
public session at 7:09 p.m. in the Council Chambers at City Hall. Present
were: Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk;
Council Members Don Kearney, Stan Clouse, and Bruce Lear. Absent: Randy
Buschkoetter. Michael W. Morgan, City Manager; Michael Kelley, City
Attorney; 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:
Marvion Reichert, Ron Ridgway, Kent Cordes, Kenneth Wiederspan, Arlene
Wiederspan, Mike Cahill from KKPR Radio and Todd Gottula 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
With the absence of a pastor, the
Council held a moment of silent prayer.
PLEDGE OF ALLEGIANCE
Boy Scout Owen Krueger led the
Council members and audience in the Pledge of Allegiance.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
REZONING – NORTH OF 50TH STREET
WEST OF 2ND AVENUE
Mayor Hadley stated that Public
Hearings 1, 2, 3 and 4 will be discussed together but voted on separately. They
will first need to be removed from the table.
Moved by Kearney seconded by
Clouse to remove from the table the public hearing on 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, Lear, Clouse, Kearney.
Nay: None. Buschkoetter absent. Motion carried.
Planning Commission recommended
approval.
This application was continued
from the November and December 2004 Planning Commission meetings. The
application was heard at the January 2005 Planning Commission meeting.
The applicant is requesting approval of a three-lot subdivision north of Office
Max. Two smaller lots are located between 2nd Avenue and 3rd Avenue with
one larger lot located west of 3rd Avenue. A strip retail shopping center
is proposed on the larger lot. The property must be rezoned and subdivided,
consideration must be given for incorporation of the property into the
corporate limits of the City of Kearney, and Development Plans must be approved
for Phase One and Phase Two of the shopping center. Phase Two is outside
the scope of the Final Plat and the rezoning application. The Preliminary
Plat includes the Phase Two area and will be developed in the future. The
aggregate size of the property is 7.03 acres and it is currently zoned AG,
Agricultural District.
Rezoning
The applicant is requesting two
different zoning districts, C-2 for the two smaller lots totaling 2.44 acres,
and C-2/PD for the larger lot at 4.05 acres. The existing zoning in both
cases is Agricultural. The requested zoning is in conformance with the
Land Use Map of the City of Kearney Comprehensive Development Plan. The
PD designation for the larger lot allows the Staff, Planning Commission and
City Council detailed review of the shopping center proposal.
Development Plans
The applicant has submitted a
full set of Development Plans for Phase One and Phase Two of the shopping
center. The site layout looks good with a lot of green space. A
Landscape Plan is provided. Adequate parking is provided.
Information regarding the proposed light fixtures is included in the packet.
There is one cross-connection
point proposed between the parking lot at Office Max and the proposed shopping
mall. At Planning Commission an additional cross-connection was discussed
at the southwest corner of the property. Office Max did not approve this
connection and it has been removed from the plans.
The proposed buildings will be
attractive using a mixture of construction materials ranging from face brick to
EFIS to smooth and split-face concrete masonry units. Site drainage is
designed in conformance with the Public Works Plan. Water will flow to
the ditch along 2nd Avenue in a northerly direction, then west to the detention
area on the south side of 56th Street.
In the future, prior to
commencement of Phase Two of the shopping center, formal subdivision platting
and rezoning will be required.
Annexation
The subject property abuts the
existing City Limits line and municipal services are available to serve the
site. Therefore, this property should be incorporated into the city’s
corporate limits.
Subdivision Plats
A Preliminary Plat and a Final
Plat have been prepared for this property. The Preliminary Plat was
approved by Planning Commission on January 21, 2005. The Preliminary Plat
includes 10.15 acres because it includes the future phase two portion of the
shopping center which is not included in the Final Plat or the Rezoning.
The Final Plat consists of three lots, two smaller lots with 2nd Avenue
frontage and one larger lot that will contain phase one of the shopping
center. The building setback along 2nd Avenue is 30 feet and is
consistent with the lot to the south. A Public Works Plan has been
submitted and reviewed by the City Engineer and the Utilities Department.
An additional eight-inch water line is required along the south side of Lot 2,
Block 1 to provide for a fire hydrant at the front side of the shopping
center. Future water line extensions will result in a looped water main
in this area.
Planning Commission recommended approval
of the Final Plat subject to a thirty-foot (30’) setback being shown along 2nd
Avenue (done) and that the existing cross-connection between Office Max and the
south side of Phase II be shown (done) and the proposed cross-connection on the
southwest corner of the property be shown (this connection has been
eliminated).
Kent Cordes and Ron Ridgway from
Miller & Associates presented this matter to the Council. Mr. Cordes stated
they have revised their plat to show the requested easements and setbacks. They
also have shown the cross-connection to Office Max on the eastern side. On the
southwest corner of the lot, they have not shown that because they have not
received permission from Office Max for that connection.
Mr. Cordes stated the cross connection
on the east side lines up with the existing driveway that goes in front of
Office Max and extends through to Target. When Office Max was originally
built, the City staff and Planning Commission agreed that should extend through
to the next lot. Originally, a cross connection was proposed at the
backside of Office Max, but Office Max does not want to grant that one due to
some concerns with traffic for their trucks. The original intent was to
eventually provide access for their trucks out to 52nd Street. This would
have given them more direct access for benefit to their lot. They do not
believe at this time that it is in their best interest to do that. Mr.
Cordes stated they have looked at truck turning movements to make sure that
they can get garbage trucks in and around this development with this one
access. It was found that these turning movements will work for trash
collection or delivery trucks. This is the one difference between what
Planning Commission asked for and what they have on their plan.
Council member Kearney asked how
this works since Planning Commission made approval subject to this southwest
cross connection. Mr. Cordes responded they asked that question during
Planning Commission. Although it is not in the minutes or the motion, he
believes that the general consensus of the Planning Commission was that it was
not a big enough issue to delay or stop the development. They have talked
with City staff to make sure that they are agreement that there is adequate
truck movement to make that work and they were.
There was no one present in
opposition to this hearing.
Moved by Kearney seconded by Lear
to close the hearing and approve 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, Lear. Nay: None. Buschkoetter absent. Motion carried.
DEVELOPMENT PLAN APPROVAL – VISTA
POINT; WEST OF 3RD AVENUE SOUTH OF 52ND STREET
Moved by Kearney seconded by
Clouse to remove from the table 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) and to consider approval of
Resolution No. 2005-13. Roll call resulted as follows: Aye: Hadley, Lear,
Clouse, Kearney. Nay: None. Buschkoetter absent. Motion carried.
Planning Commission recommended
approval stipulating that formal subdivision platting and rezoning will be
required in the future prior to commencement of Phase II of the shopping
center.
There was no one present in
opposition to this hearing.
Moved by Lear seconded by Hadley
to close the hearing and approve 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) and approve Resolution No. 2005-13
subject to compliance of the requirement that formal subdivision platting and
rezoning shall be required in the future prior to commencement of Phase II of
the shopping center. Roll call resulted as follows: Aye: Hadley, Kearney, Lear,
Clouse. Nay: None. Buschkoetter absent. Motion carried.
RESOLUTION
NO. 2005-13
WHEREAS, Stanley Gould (Applicant) and Sorensen Acres, LLC (Owner) have applied
for Planned District Development Plan Approval for the construction of a
shopping center on property zoned “District C-2/PD, Community Commercial
District/Planned Development Overlay District” and described as 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 more
particularly described as follows: Referring to the northeast corner of Lot 1,
Sorensen Park Third Addition, an addition to the City of Kearney, Buffalo
County, Nebraska, and assuming the westerly right-of-way line of 2nd
Avenue/Nebraska State Highway No. 10 as bearing N00°19’46”W and all bearings
contained herein are relative thereto; thence N00°19’46”W and on said westerly
right-of-way line a distance of 364.36 feet; thence S89°29’45”W a distance of
350.0 feet to the ACTUAL PLACE OF BEGINNING; thence S89°29’45”W continuing on
the aforesaid line a distance of 474.88 feet; thence S00°19’46”W parallel with
said westerly right-of-way line a distance of 510.67 feet to the northwest
corner of Lot 1, Sorensen Park Second Addition, an addition to the City of
Kearney, Buffalo County, Nebraska; thence N89°29’38”E and on the north line of
said Sorensen Park Second Addition a distance of 615.2 feet to a point on the
centerline of 3rd Avenue, an avenue in the City of Kearney, Buffalo County,
Nebraska and on a non-tangent curve; thence on the centerline of said 3rd
Avenue and on a 150.0 foot non-tangent curve, concave easterly, forming a
central angle of 33°05’48” an arc distance of 86.65 feet, said point being
N16°55’04”W a distance of 85.25 feet from the previously described point; thence
N00°19’46”W and parallel with said westerly right-of-way line of 2nd
Avenue/Nebraska State Highway No. 10 and continuing on said centerline of 3rd
Avenue a distance of 99.74 feet to the point of curvature; thence on a 200.0
foot radius curve to the left forming a central angle of 35°24’13” an arc
distance of 123.58 feet to the point of tangency; thence tangent N35°43’59”W a
distance of 72.31 feet to the point of curvature; thence on a 200.0 foot radius
curve to the right, forming a central angle of 35°13’44” an arc distance of
122.97 feet to the point of tangency; thence tangent N00°30’15”W a distance of
38.51 feet to the place of beginning, containing 6.45 acres, more or less, all
in Buffalo County, Nebraska (west of 3rd Avenue south of 52nd Street).
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the application of Stanley Gould (Applicant) and
Sorensen Acres, LLC (Owner) for District Planned Development Plan Approval for
the construction of a shopping center on property zoned “District C-2/PD,
Community Commercial District/Planned Development Overlay District” and
described as 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 more particularly described as follows: Referring to the
northeast corner of Lot 1, Sorensen Park Third Addition, an addition to the
City of Kearney, Buffalo County, Nebraska, and assuming the westerly right-of-way
line of 2nd Avenue/Nebraska State Highway No. 10 as bearing N00°19’46”W and all
bearings contained herein are relative thereto; thence N00°19’46”W and on said
westerly right-of-way line a distance of 364.36 feet; thence S89°29’45”W a
distance of 350.0 feet to the ACTUAL PLACE OF BEGINNING; thence S89°29’45”W
continuing on the aforesaid line a distance of 474.88 feet; thence S00°19’46”W
parallel with said westerly right-of-way line a distance of 510.67 feet to the
northwest corner of Lot 1, Sorensen Park Second Addition, an addition to the
City of Kearney, Buffalo County, Nebraska; thence N89°29’38”E and on the north
line of said Sorensen Park Second Addition a distance of 615.2 feet to a point
on the centerline of 3rd Avenue, an avenue in the City of Kearney, Buffalo
County, Nebraska and on a non-tangent curve; thence on the centerline of said
3rd Avenue and on a 150.0 foot non-tangent curve, concave easterly, forming a
central angle of 33°05’48” an arc distance of 86.65 feet, said point being
N16°55’04”W a distance of 85.25 feet from the previously described point;
thence N00°19’46”W and parallel with said westerly right-of-way line of 2nd
Avenue/Nebraska State Highway No. 10 and continuing on said centerline of 3rd
Avenue a distance of 99.74 feet to the point of curvature; thence on a 200.0
foot radius curve to the left forming a central angle of 35°24’13” an arc
distance of 123.58 feet to the point of tangency; thence tangent N35°43’59”W a
distance of 72.31 feet to the point of curvature; thence on a 200.0 foot radius
curve to the right, forming a central angle of 35°13’44” an arc distance of
122.97 feet to the point of tangency; thence tangent N00°30’15”W a distance of
38.51 feet to the place of beginning, containing 6.45 acres, more or less, all
in Buffalo County, Nebraska (west of 3rd Avenue south of 52nd Street) be
approved subject to compliance of the requirement that formal subdivision
platting and rezoning shall be required in the future prior to commencement of
Phase II of the shopping center.
PASSED AND
APPROVED THE 22ND DAY OF MARCH, 2005.
ATTEST:
GALEN D.
HADLEY
PRESIDENT OF
THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
SORENSEN PARK FOURTH ADDITION –
INCLUSION WITHIN CITY LIMITS
Moved by Kearney seconded by
Clouse to remove from the table 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) and to consider approval of Resolution
No. 2005-14. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney.
Nay: None. Buschkoetter absent. Motion carried.
There was no one present in
opposition to this hearing.
Moved by Hadley seconded by
Kearney to close the hearing and approve 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) and approve Resolution
No. 2005-14. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney.
Nay: None. Buschkoetter absent. Motion carried.
RESOLUTION
NO. 2005-14
WHEREAS, an Application has been submitted by Ronald Ridgway (Applicant) for
Sorensen Acres, LLC (Owner) for the inclusion of “SORENSEN PARK FOURTH
ADDITION” within the corporate boundaries of the City of Kearney said property
described as 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 more particularly described as follows: Beginning to the
northeast corner of Lot 1, Sorensen Park Third Addition, an addition to the
City of Kearney, Buffalo County, Nebraska, and assuming the westerly right-of-way
line of 2nd Avenue/Nebraska State Highway No. 10 as bearing N00°19’46”W and all
bearings contained herein are relative thereto; thence N00°19’46”W and on said
westerly right-of-way line a distance of 430.36 feet; thence S89°29’45”W a
distance of 350.2 feet; thence S00°30’15”E a distance of 104.51 feet to the
point of curvature; thence on a 200.0 foot radius curve to the left, forming a
central angle of 35°13’44” an arc distance of 122.97 feet to the point of
tangency; thence tangent S35°43’59”E a distance of 69.11 feet; thence
S89°29’45”W a distance of 552.01 feet; thence S00°19’46”E parallel with said
westerly right-of-way line a distance of 330.34 feet to the northwest corner of
Lot 1, Sorensen Park Second Addition, an addition to the City of Kearney, Buffalo
County, Nebraska; thence N89°29’38”E and on the north line of said Sorensen
Park Second Addition a distance of 615.2 feet to a point on the centerline of
3rd Avenue, an avenue in the City of Kearney, Buffalo County, Nebraska and on a
non-tangent curve; thence on the centerline of said 3rd Avenue and on a 150.0
foot non-tangent curve, concave easterly, forming central angle of 33°05’48” an
arc distance of 86.65 feet, said point being N16°55’04”W a distance of 85.25
feet from the previously described point; thence N00°19’46”W and parallel with
said westerly right-of-way line of 2nd Avenue/ Nebraska State Highway No. 10
and continuing on said centerline of 3rd Avenue a distance of 65.02 feet to the
north line of said Sorensen Park Third Addition (if extended westerly); thence
N89°39’40”E and on said north line (if extended westerly) a distance of 234.02
feet to the place of beginning, containing 7.03 feet, more or less, all in
Buffalo County, Nebraska (between 50th Street and 52nd Street west of 2nd Avenue);
and
WHEREAS, the
Kearney City Planning Commission has received and held a public hearing on
January 21, 2005 on the inclusion of “SORENSEN PARK FOURTH ADDITION” within the
corporate limits and recommended the Kearney City Council approve said
application; and
WHEREAS, said application to include the land within the corporate limits was
duly signed by the owners of the land affected with the express intent of
platting the land as “SORENSEN PARK FOURTH ADDITION” an addition to the City of
Kearney, Buffalo County, Nebraska;
WHEREAS, a public hearing was held by the Kearney City Council relating to said
application on March 22, 2005 who deemed the said addition to be included
within the corporate limits to be advantageous to and in the best interests of
the City.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the land to be platted as “SORENSEN PARK FOURTH
ADDITION” shall be included within the corporate limits of the City of Kearney,
Buffalo County, Nebraska, that the inhabitants of such addition shall be
entitled to all the rights and privileges, and shall be subject to all the
laws, ordinances, rules and regulations of the City of Kearney.
BE IT FURTHER RESOLVED that the inclusion of “SORENSEN PARK FOURTH ADDITION”
within the corporate limits of the City of Kearney is subject to the final plat
being filed with the Buffalo County Register of Deeds.
PASSED AND APPROVED THIS 22ND DAY OF MARCH, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
FINAL PLAT – SORENSEN PARK FOURTH
ADDITION
Moved by Kearney seconded by
Clouse to remove from the table 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) and to consider
approval of Resolution No. 2005-15. Roll call resulted as follows: Aye: Hadley,
Lear, Clouse, Kearney. Nay: None. Buschkoetter absent. Motion carried.
Planning Commission recommended
approval subject to compliance of the following conditions: (1) the 30-foot
setback along 2nd Avenue must be clearly identified on the Preliminary Flat and
the Final Plat; and (2) the existing cross connection between Office Max and
the south side of Phase II and the proposed cross connection on the southwest
corner of the property be shown on the Preliminary Plat and the Final Plat
prior to going to City Council.
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 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) and approve Resolution
No. 2005-15 subject to the final plat showing the dedicated 20-foot wide water
main easement along the south side of Lot 2 of Block 1 of said Sorensen Park
Fourth Addition. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney.
Nay: None. Buschkoetter absent. Motion carried.
RESOLUTION
NO. 2005-15
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “SORENSEN PARK FOURTH ADDITION”, an addition to the City of
Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified,
and the same hereby is approved subject to the final plat showing the dedicated
20-foot wide water main easement along the south side of Lot 2 of Block 1 of
said Sorensen Park Fourth Addition and in accordance with the provisions and
requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and
ordered filed and recorded in the Office of the Register of Deeds of Buffalo
County, Nebraska; said addition is hereby included within the corporate limits
of said City and shall be and become a part of said City for all purposes
whatsoever, and the inhabits of such addition shall be entitled to all the
rights and privileges and shall be subject to all laws, ordinances, rules and
regulations of said City.
BE IT FURTHER RESOLVED that the 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 22ND DAY OF MARCH,
2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
IV. CONSENT AGENDA
Moved by Clouse seconded by Lear
that Subsections 1 through 18 of Consent Agenda Item IV be approved. Roll call
resulted as follows: Aye: Hadley, Clouse, Kearney, Lear. Nay: None. Buschkoetter
absent. Motion carried.
1.
Approve Minutes of Regular Meeting held March 8, 2005.
2.
Approve the following Claims: 3M $20,156.00 Su; Alamar $438.97 Cla; Albert
Whitman & Co $6.33 Bks; Albright, D $58.79 Tr; Alltel $2,798.33 Serv; Amer
Electric $342.00 Rep; Amer Fence $5,000.00 Imp; Anderson Brothers $814.00 Rep;
Anderson Ford $12,717.00 Vehicle; Anderson, P $13.43 Ref; Armor Holdings
Forensics $209.94 Su; Baker & Taylor Books $708.45 Bks; Bamford $367.62
Rep; BBC Audiobooks America $40.00 Bks; Bennett, T $1,343.00 Serv; Best Access
Systems $2,448.22 Su; Big Flag $62.40 Inv; Blevins, D $126.00 Serv; Blue Cross
Blue Shield $60,938.48 Ins; Bosselman $18,005.43 Inv; Bowman, M $82.00 Tr;
Bowman, R $17.08 Su; Broadfoot Sand $70.00 Su; Buffalo Co Attorney $11,250.00
Serv; Buffalo Co Court $189.83 Ded; Buffalo Co Treasurer $1,001.10 Tx; Builder
How-To Warehouse $556.87 Su; Butler, Voigt & Stewart $85.00 Serv; Capital
Media Group $418.95 Su; Capstone Press $2,829.70 Bks; Center for Education
& Employment $159.00 Bks; Central Fire & Safety $114.00 Rep; Central
Hydraulic Systems $1,388.13 Rep; Child's World $799.80 Bks; Christensen, D
$318.75 Serv; City of Ky $57,546.87 Serv; City of Salina $889.44 Ins;
Clipper-Herald $258.70 Serv; College Savings Plan of NE $50.00 Ded; Collision
Safety Institute $600.00 Tr; Copy Cat $474.18 Su; Cornhusker $364.00 Tr;
Culligan $244.60 Su; Dawson Co PPD $1,137.93 Serv; Dell $1,513.00 Su; Double M
Farms $2,000.00 Serv; Dutton-Lainson $10,250.98 Su; Eakes $518.14 Su; Ecolab
$27.00 Su; EDM Equipment $743.63 Su; Eickhoff, B $30.75 Cla; Eirich, T $50.00
Ref; English, C $428.15 Tr; Enterprise Electric $137.00 Rep; Evans, J $33.35
Ref; Farm Plan $169.21 Rep; Farmers Union $70.00 Su; Fed Ex $61.26 Pstg;
Foster, D $31.62 Cla; Freburg, N $184.62 Ded; Frontier $7,498.07 Serv; Galas, S
$19.40 Ref; Garrelts, B $27.81 Ref; Garrett Tires & Treads $889.06 Rep;
Gary's I-80 Service $265.00 Serv; Gonzales, T $50.00 Ref; GI Independent
$133.56 Serv; Graphic Screen Printing $52.00 Tr; Great Plains One-Call $189.62
Serv; Grupe, B $21.40 Tr; H&H Distributing $368.00 Su; Hamik, E $21.89 Ref;
HDR Engineering $6,990.65 Serv; Hebb, D $31.25 Ref; Helmick, L $21.20 Ref; ICMA
RC $3,375.63 Ded; IRS $83,397.22 Ded; Int'l Assoc for Identification $15.00
Dues; Jack's Uniforms & Equipment $1,092.31 Cla; Johnson Service $5,444.00
Rep; K&K Parts $10.64 Rep; Ky Clinic $35.00 Serv; Ky Concrete $3,651.65 Su;
Ky Crete & Block $414.93 Su; Ky Glass $357.15 Rep; Ky Hub $3,405.97 Serv;
Ky Towing $122.50 Serv; Ky Winlectric $194.65 Rep; Kirkham Michael $21,249.85
Serv; Lang, L $200.00 Tr; Laughlin, K $360.00 Ded; Lawcheck $250.00 Bks;
Lawhead, L $27.86 Ref; Lawson Products $170.77 Rep; LCL Truck Equipment $343.71
Rep; League of NE Municipalities $55.00 Bks; Library Video Network $46.00 Bks;
Lincoln Dodge $29,880.00 Vehicles; Linweld $336.88 Su; Lisa's Instant Print
Service $50.00 Serv; Location Technologies $1,293.50 Su; Luke, D $89.91 Tr;
Magic Cleaning $2,950.00 Serv; Mail Express $105.73 Pstg; Marlatt Machine Shop
$429.44 Rep; Martinosky, M $50.00 Ref; Mathew Bender & Co $159.30 Bks;
McCollister & Co $497.50 Inv; Meridian Library System $15.00 Tr; Mes-Snyder
$19.62 Rep; Meteorlogix $707.94 Serv; Mid Con Systems $141.50 Rep; Mid-State
Units $120.00 Serv; Midwest Laboratories $333.00 Serv; Midwest Turf $181.03
Rep; Miller & Associates $14,898.00 Serv; Moore Construction $27.69 Ref;
Municipal Supply $19,428.05 Inv; Napa Auto Parts $10.16 Rep; National Paper
Supply $228.33 Su; NWWA $5,544.12 Su; NE Child Support Payment Center $1,045.43
Ded; NE Law Enforcement Training $77.00 Tr; NE Infrastructure Security $75.00
Tr; NE APWA $300.00 Tr; NE Dept of Revenue $22,741.43 Tx; NE Library Assoc
$50.00 Tr; NE Licensed Bev Assoc $165.00 Dues; NEland Distributors $118.40 Su;
Norm's Plumbing $505.99 Rep; Northwestern Energy $13,780.09 Serv; Norton, B
$115.00 Serv; Novus Windshield Repair $35.00 Serv; Office Depot $125.18 Su;
Officenet $190.58 Su; Olympia Petroleum $1,059.76 Su; Omaha World Herald
$566.68 Serv; Paramount Linen $280.53 Serv; Paul A. Otto Curb Grinding $162.00 Serv;
PEP $48.67 Rep; Pierson, Fitchett, Hunzeker $225.00 Serv; Pitney Bowes $254.70
Su; Platte Valley Comm $55.00 Rep; Presto-X $140.00 Serv; Purdy, K $40.21 Serv;
Random House $704.00 Bks; Ready Mixed Concrete $1,169.37 Rep; Recorded Books
$5.95 Bks; Resource Management $372.60 Serv; Respond First Aid Systems $110.20
Su; Richardson, M $484.86 Tr; Rogers, A $29.39 Ref; Rose Equipment $100.74 Su;
Sage, P $15.96 Cla; Schmitt, J $71.18 Tr; School District #7 $1,569.50
Remittance; Schott, M $29.94 Ref; Sherwin-Williams $1,680.00 Rep; Sorensen
Group $17,267.40 Imp; Sorensen, D $20.13 Ref; Squad-Fitters $130.00 Cla; Sun
Life Financial $20,126.32 Prem; Svoboda, R $19.17 Ref; Taser Int'l $80.00 Tr;
Teel, C $25.12 Ref; Terrascan $1,491.20 Serv; Thome, B $64.10 Tr; Thompson, J
$82.00 Tr; Thon, L $31.45 Ref; Turner Body Shop $297.50 Serv; UPS Store $30.46
Pstg; USGA $100.00 Dues; Vornhagen, K $30.00 Ref; Washington State Support
Regis $102.01 Ded; Water Products $1,403.82 Inv; Wellman, P $9.02 Cla; Wellness
Works $250.00 Serv; Wilke-Donovan's $3.36 Rep; Winfield Concrete $7,120.00 Rep;
WPCI $78.50 Serv; Xerox $356.25 Serv; Payroll Ending 03-05-2005 --
$252,213.63. The foregoing schedule of claims is published in accordance
with Section 19-1102 of the Revised Statutes of Nebraska, and is published at
an expense of $_________ to the City of Kearney.
3.
Receive recommendations of Planning Commission and set April 12, 2005 at 7:00
p.m. as date and time for hearing on those applications where applicable.
4.
Ratify the action taken by the Kearney Municipal Airport Corporation on
approving the Agricultural Lease with David R. Fleming to lease 344 acres of
non-irrigated cropland located in parts of the Northeast Quarter and the
Southeast Quarter of Section 21, Township 9 North, Range 15 West of the 6th
P.M., Buffalo County, Nebraska and approve Resolution No. 2005-33.
RESOLUTION NO. 2005-33
BE IT RESOLVED
by the President and Council of the City of Kearney, Nebraska, that the
President be and is hereby authorized and directed to execute the Agriculture
Lease Agreement, on behalf of the City of Kearney, with David R. Fleming for
the purpose of leasing 344 acres of non-irrigated cropland located in parts of
the Northeast Quarter and the Southeast Quarter of Section 21, Township 9
North, Range 15 West of the 6th P.M., Buffalo County, Nebraska. A copy of
the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by
reference.
PASSED AND APPROVED THIS 22ND DAY OF MARCH, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
5.
Ratify the action taken by the Kearney Municipal Airport Corporation on
awarding the bid to Kearney Implement in the amount of $49,850.00 for the
purchase of a tractor for the Airport.
6.
Approve the Government Lease-Purchase Master Agreement and a Supplement to the
Master Lease Agreement between the City of Kearney and Wells Fargo Bank and
approve Resolution No. 2005-34.
RESOLUTION
NO. 2005-34
BE IT RESOLVED
by the President and City Council of the City of Kearney, Nebraska as follows:
1. The Governmental
Lease-Purchase Master Agreement (the “Agreement” or the “Master Lease”) and the
Supplement or Supplements thereto and the Escrow Agreement, if any, are hereby
approved substantially in the form presented to the City Council and on file in
the office of the City Clerk.
2. The President of the Council
is hereby authorized to execute the Agreement and any Supplement or Supplements
thereto on behalf of the City of Kearney, and to execute such other
certificates and documents as may be necessary and appropriate to effectuate
the transactions contemplated by the Agreement and said Supplement or
Supplements. The Agreement, the Supplement or Supplements and the related
documents may contain such necessary and appropriate variations, omissions and
insertions as the President of the Council shall determine to be necessary, and
the execution thereof by the President of the Council shall be conclusive
evidence of such determination and its approval by the Council.
3. Lessee reasonably
anticipates that it will not issue tax-exempt obligations (not including
“private activity bonds” as defined in Section 141 of the Internal Revenue Code
of 1986, as amended) in an aggregate amount in excess of ten million dollars
during the calendar year in which the Lease commences. The lease is designed
as a qualified tax-exempt obligation for purposes of Section 265(b)(c) of the
Internal revenue Code of 1986, as amended, relating to deductibility of
interest by financial institutions.
BE IT FURTHER
RESOLVED that all resolutions and parts of resolutions in conflict herewith are
hereby repealed.
PASSED AND
APPROVED THIS 22ND DAY OF MARCH, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
7.
Approve the purchase of equipment and to obtain financing through the issuance
of tax-exempt debt and approve Resolution No. 2005-35.
RESOLUTION
NO. 2005-35
WHEREAS, the City of Kearney, a municipal corporation, has determined to
proceed with a project (the “Project”), generally consisting of the purchasing
of various equipment and intends to obtain financing with respect to the
Project at least on part through the issuance of tax-exempt debt;
WHEREAS, the City desires that all permitted Project costs paid prior to the
issuance of tax-exempt obligations qualify for reimbursement from the proceeds
of issuance of such tax-exempt obligations under Treasury regulations.
NOW, THEREFORE, BE IT RESOLVED by
the President and City Council of the City of Kearney, Nebraska, that
1. It is desirable that certain
expenditures for or relating to the Project be incurred and paid prior to the
issuance of tax-exempt obligations to finance such expenditures;
2. Such expenditures are
expected to be made in the foreseeable future with respect to the Project, and
they generally consist of payments to vendors for equipment;
3. The City reasonably expects
to reimburse the above-described expenditures by incurring debt in the form of
tax-exempt obligations in an amount not exceeding $71,315.25 and reasonably
expects that actual project costs to be reimbursed from such proceeds will
probably be less, depending on the date on which such obligations are issued
and the completion schedule for the Project;
4. No funds (from sources other
than such debt) are, or are reasonably expected to be, allocated on a long-term
basis, reserved or otherwise set aside pursuant to the City’s budget or
financial policies for such expenditures at this time;
5. In connection with the
Project, authority is hereby specifically conferred on the President of the
Council of the City to make such further declarations of official reimbursement
intent on behalf of the City as may be necessary or desirable and as may be
consisted with then-existing budgetary and financial circumstances of the City;
and
6. This Declaration of Official
Reimbursement Intent is made under Section 1.150-2 of Treasury Regulations
issued by the Internal Revenue Service and shall be available for public
inspection at the City’s principal offices.
BE IT FURTHER RESOLVED that all resolutions and parts of resolutions in
conflict herewith are hereby repealed.
PASSED AND APPROVED THIS 22ND DAY OF MARCH, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
8.
Approve the application for a Special Designated License submitted by STEVE
& JONI PAULSEN, dba “Party Pros Catering” in connection with their Class
D/K61563 Liquor License to dispense beer, wine and distilled spirits in the
Pavilion Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on
April 9, 2005 from 5:00 p.m. until 1:00 a.m. for a banquet.
9.
Approve two applications for a Special Designated License submitted by JCB
ENTERPRISES, INC., dba “Bill’s Liquor” in connection with their Class CK39105
Liquor License to dispense beer wine and distilled spirits in the Extension
Building located at the Buffalo County Fairgrounds, 1400 East 34th Street, on
April 16, 2005 from 3:00 p.m. until 1:00 a.m. and on October 8, 2005 from 3:00
p.m. until 1:00 a.m. for a wedding dance and reception.
10.
Approve the request submitted by the Kearney Police Department/Buffalo County
Sheriff’s Office to block off Avenue B from Railroad Street to a half block
north for the auto auction to be held on April 2, 2005 from 8:00 a.m. until
5:00 p.m.
11.
Approve the Interlocal Cooperative Agreement for High Resolution Orthophotos
Project between Central Platte Nebraska Resources District, the Cities of
Kearney, Grand Island, Hastings, Scottsbluff, Gering, Norfolk, and the Counties
of Lancaster and Scottsbluff and the Nebraska Department of Health and Human
Services and approve Resolution No. 2005-36.
RESOLUTION NO. 2005-36
WHEREAS, the City of Kearney budgeted $10,000 for the purpose of updating GIS
aerial photography maps for the City of Kearney and the two-mile zoning
jurisdiction of the City; and
WHEREAS, the City of Kearney has been invited to jointly acquire high
resolution ortho-photos with the Nebraska Department of Health and Human
Services and several other Nebraska political subdivisions.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that the President of the Council be and is hereby
authorized and directed to execute the Interlocal Cooperative Agreement for
High Resolution Orthophotos Project between Central Platte Nebraska Resources
District, the Cities of Kearney, Grand Island, Hastings, Scottsbluff, Gering,
Norfolk, and the Counties of Lancaster and Scottsbluff and the Nebraska
Department of Health and Human Services.
PASSED AND APPROVED THIS 22ND DAY OF MARCH, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
12.
Approve the recommendation from Administration on purchasing a tractor/loader
with integral backhoe for the Utilities/Water Distribution Division from
Fairbanks International of Kearney in the amount of $66,950.00.
13.
Approve the request submitted by the UNK Loper Programming and Activities
Council to revise the route for the 3rd Annual Fun 5K Race/Walk on April 16,
2005 beginning at 8:00 a.m. The revised route will begin at the UNK Health and
Sports Center and end at the Nebraska Student Union. The first half of the race
will take place on campus sidewalks; the second half of the race will take
place on the right lane of eastbound traffic on University Drive.
14.
Approve Resolution No. 2005-37 supporting the Nebraska Emergency Management
Agency State Homeland Security Grant Program Application for Fiscal Year 2005.
RESOLUTION NO. 2005-37
BE IT RESOLVED
by the President and Council of the City of Kearney, Nebraska, that in order to
provide for a coordinated grant application on behalf of the first responders
in Buffalo County, the City of Kearney City Council has reviewed the grant
process and application and has approved the Buffalo County submittal to the
State of Nebraska for 2005 Grant funding. A copy of the Application,
marked Exhibit “1”, is attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 22ND DAY OF MARCH, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
15. Approve
setting April 12, 2005 at 7:00 p.m. as time and date for the Board of
Equalization to assess costs for Paving Improvement District No. 2003-873A for
56th Street from Avenue N west to a point 630± feet west of Parklane Drive, and
for Lot 3, Block 1, Camelot First Addition, an Addition to the City of Kearney
in connection with Paving Improvement District No. 98-788 for Avenue N from
56th Street north 1,700± feet.
16.
Approve the Developer Constructed Infrastructure Agreement between the City of
Kearney and the University of Nebraska at Kearney for water and sewer
improvements on the UNK Campus and approve Resolution No. 2005-38.
RESOLUTION
NO. 2005-38
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the agreement entitled “Developer Constructed Infrastructure Agreement
University of Nebraska at Kearney” for water and sewer improvements on the UNK
Campus, all in 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 The University of
Nebraska Board of Regents, dba “the University of Nebraska at Kearney”, 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 22ND DAY OF MARCH, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
17.
Approve the Agreement between the City of Kearney and the Nebraska of Roads for
Project No. STPD-10-2(114) to conduct an aerial flight and survey targets for a
bypass east of Kearney and approve Resolution No. 2005-39.
RESOLUTION NO. 2005-39
WHEREAS, the State of Nebraska, City of Kearney, and Buffalo County entered
into an agreement in August of 2001 by the City and County and in September of
2001 by the State that provided for preliminary roadway and bridge designs and
environmental documentation; and
WHEREAS, federal earmarked funds have been allocated to the City for the
Kearney East Bypass project; and
WHEREAS, the project number has been changed to reflect the new funding sources
and it is necessary to execute a new agreement to provide for additional work
to include an aerial flight and to place and survey targets along a proposed
bypass east of Kearney.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that the President of the Council be and is hereby
authorized and directed to execute the Agreement between the City of Kearney
and the Nebraska of Roads for Project No. STPD-10-2(114) to conduct an aerial
flight and survey targets for a bypass east of Kearney, a copy of the
Agreement, marked as Exhibit “1” is attached hereto and made a part hereof by
reference.
PASSED AND APPROVED THIS 22ND DAY OF MARCH, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
18.
Approve Application and Certificate for Payment No. 4 in the amount of
$82,522.86 submitted by Starostka Group Unlimited in connection with the 2004
Part VII Improvements – Bid A 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 and approve Resolution No. 2005-40.
RESOLUTION
NO. 2005-40
WHEREAS,
Starostka Group Unlimited has performed services in connection with the 2004
Part VII Improvements – Bid A 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, and the City's engineer, Miller & Associates, have
filed with the City Clerk Application and Certificate for Payment No. 4 in the
amount of $82,522.86 as shown on Exhibit “A” attached hereto and made a part
hereof by reference and as follows:
|
Original Contract Sum
|
$472,731.38
|
|
Contract Sum To Date
|
472,731.38
|
|
Gross Amount Due
|
322,631.35
|
|
Retainage
|
32,263.13
|
|
Amount Due to Date
|
290,368.21
|
|
Less Previous Certificates for
Payment
|
207,845.35
|
|
Current Payment Due
|
$ 82,522.86
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 4 as shown on Exhibit “A”, be and are hereby
accepted and approved.
PASSED AND APPROVED THIS 22ND DAY OF MARCH, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
V. CONSENT AGENDA
ORDINANCES
ORDINANCE NO. 7153 – AMEND
CHAPTERS 13, 14 AND 46 TO INCLUDE THERAPEUTIC RIDING
At the last Council
meeting, March 8, 2005, Council member Clouse was absent and Council member
Kearney abstained from discussion and voting because of a conflict of interest.
The Council conducted the public hearing on the proposed amendments to Chapters
13, 14 and 46 of the Unified Land Development Ordinance, a part of the City
Code, to include therapeutic riding as an allowable use in a “District M-1,
Limited Industrial District” zone with a Conditional Use Permit. The public
hearing was also conducted on the application for a Conditional Use Permit
submitted by Teressa Rundstrom for Hability Solution Services, Inc. (Applicant)
and Liehs Drilling and Ron Blessing (Owner) to allow the use of horses for
therapy on property zoned “District M-1, Limited Industrial District” and
located at 3112 Antelope Avenue.
Both public hearings were
conducted and closed in accordance to law and Ordinance Nos. 7153 and 7154 were
placed on first reading.
Council member Kearney will
continue to abstain and Council member Buschkoetter will be absent from
Tuesday’s meeting. Section 16-404 of the Nebraska Revised Statutes states “all
ordinances . . . shall require for their passage or adoption the concurrence of
a majority of all members elected to the council. Ordinances of a general
or permanent nature shall be read by title on three different days unless
three-fourths of the council members vote to suspend this requirement . . . “.
Therefore, Ordinance Nos. 7153 and 7154 will be placed on second reading only
and read by title.
Moved by Lear seconded by Hadley
that Ordinance No. 7153 amending Chapter 13 “Use Types”, Chapter 14 “Zoning
District Regulations”, and Chapter 46 “Supplemental Uses Regulations” of the
Unified Land Development Ordinance, being a part of the Code of the City of
Kearney to include therapeutic riding as an allowable use in a “District M-1,
Limited Industrial District” zone with a Conditional Use Permit be placed on
second reading, and moved that the ordinance be read by title on three
different days. 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, Lear, Clouse. Nay:
None. Kearney abstaining. Buschkoetter absent. City Clerk read Ordinance No.
7153 by title only on first reading.
ORDINANCE
NO. 7153
AN ORDINANCE OF THE
CITY OF KEARNEY, NEBRASKA TO AMEND SECTION 13-109 “INDUSTRIAL USE TYPES” OF
CHAPTER 13 “USE TYPES”, TABLE 14-1 “USE MATRIX” OF CHAPTER 14 “ZONING DISTRICT
REGULATIONS”, AND SECTION 46-107 “SUPPLEMENTAL USE REGULATIONS: INDUSTRIAL
USES” OF THE UNIFIED LAND DEVELOPMENT ORDINANCE, A PART OF THE CODE OF THE CITY
OF KEARNEY, NEBRASKA; TO INCLUDE THERAPEUTIC RIDING AS AN ALLOWABLE USE IN A
“DISTRICT M-1, LIMITED INDUSTRIAL DISTRICT” ZONE WITH A CONDITIONAL USE PERMIT;
TO REPEAL ALL ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT
HEREWITH; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY AUTHORITY OF
THE CITY COUNCIL AND EFFECTIVE DATE OF THIS ORDINANCE.
ORDINANCE NO. 7154 – CONDITIONAL
USE PERMIT TO HABILITY SOLUTION SERVICES; 3112 ANTELOPE AVENUE
Moved by Lear seconded by Hadley
that Ordinance No. 7154 granting a Conditional Use Permit to Teressa Rundstrom
for Hability Solution Services, Inc. (Applicant) and Liehs Drilling and Ron
Blessing (Owner) to allow the use of horses for therapy on property zoned
“District M-1, Limited Industrial District” and described as a tract of land
being part of Lot 1, part of Lot 2, and part of Lot 11, all in St. Luke’s Good
Samaritan Village, an addition to the City of Kearney, Buffalo County, Nebraska
(3112 Antelope Avenue) be placed on second reading, and moved that the
ordinance be read by title on three different days. 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, Lear, Clouse. Nay: None. Kearney abstaining. Buschkoetter absent.
City Clerk read Ordinance No. 7154 by title only on first reading.
ORDINANCE
NO. 7154
AN ORDINANCE OF THE
CITY OF KEARNEY, NEBRASKA, GRANTING A CONDITIONAL USE PERMIT TO TERESSA
RUNDSTROM FOR HABILITY SOLUTION SERVICES, INC. (APPLICANT) AND LIEHS DRILLING
AND RON BLESSING (OWNER) TO ALLOW THE USE OF HORSES FOR THERAPY ON PROPERTY
ZONED “DISTRICT M-1, LIMITED INDUSTRIAL DISTRICT” AND DESCRIBED AS A TRACT OF
LAND BEING PART OF LOT 1, PART OF LOT 2, AND PART OF LOT 11, ALL IN ST. LUKE’S
GOOD SAMARITAN VILLAGE, AN ADDITION TO THE CITY OF KEARNEY, BUFFALO COUNTY,
NEBRASKA (3112 ANTELOPE AVENUE), AS MADE AND PROVIDED BY CHAPTER 59
“ADMINISTRATION AND PROCEDURES”, SECTION 59-103 “CONDITIONAL USE PERMITS” OF
THE UNIFIED LAND DEVELOPMENT ORDINANCE, A PART OF THE CITY CODE OF THE CITY OF
KEARNEY, BUFFALO COUNTY, NEBRASKA; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET
FORM BY THE AUTHORITY OF THE CITY COUNCIL AND EFFECTIVE DATE OF THIS ORDINANCE.
VI. REGULAR AGENDA
ORDINANCE NO. 7144 – REZONING;
NORTH OF 50TH STREET WEST OF 2ND AVENUE
Moved by Hadley seconded by
Clouse to remove from the table 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. Nay: None. Kearney
abstaining. Buschkoetter absent. Motion carried.
Council member Kearney mistakenly
abstained when he did not need to.
Council Member Clouse introduced
Ordinance No. 7144, being Subsection 1 of Agenda Item VI 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), and moved that the statutory rules requiring ordinances to
be read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the
number of the ordinance on its first reading and then upon its final
passage. Council Member Lear seconded the motion to suspend the rules.
President of the Council asked for discussion or if anyone in the audience was
interested in the ordinance. No one responded. Clerk called the roll which
resulted as follows: Aye: Hadley, Clouse, Kearney, Lear. Nay: None. Buschkoetter
absent. Motion to suspend the rules having been concurred in by three-fourths
of the City Council, said motion was declared passed and adopted. City Clerk
read Ordinance No. 7144 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, Lear. Nay: None. Buschkoetter absent. Motion carried.
Ordinance was read by number.
Moved by Lear seconded by Hadley
that Ordinance No. 7144 be passed, approved and published as required by law.
Roll call resulted as follows: Aye: Hadley, Kearney, Lear, Clouse. Nay:
None. Buschkoetter absent. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7144 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.
OBJECTIONS/PROTESTS TO PAVING
IMPROVEMENT DISTRICT NO. 2005-894
Mayor Hadley opened for
discussion the report from the City Clerk on the sufficiency of
objections/protests received in connection with Ordinance No. 7152 creating
Paving Improvement District No. 2005-894 for 11th Street from 1st Avenue to a
point 340± feet west of 7th Avenue.
City Clerk stated at the February
22, 2005 Council meeting, the City Council passed and approved Ordinance No.
7152 creating Paving Improvement District No. 2005-894 for 11th Street from 1st
Avenue to a point 340± feet west of 7th Avenue. The City published the Notice
to Creation on February 25, March 4 and 11, 2005. The City also notified the
property owners by mail with a copy of the Ordinance and Notice of Creation.
Administration received several
written objections from the property owners within the proposed district.
It appears there is approximately 4,476.55 feet of assessable footage with
2,864.35 feet in objection to the creation of the district which represents 63.98
percent. Section 16-620 of the Nebraska Revised Statutes states “If the
owners of the record title representing more than fifty percent of the
front footage of the property abutting or adjoining and continuous or extended
street, cul-de-sac, or alley of the district, or portion thereof which is
closed at one end, and who were such owners at the time the ordinance creating
the district was published, shall file with the city clerk, within twenty days
from the first publication of said notice, written objections to the
improvements of a district, said work shall not be done in said district under
said ordinance, but said ordinance shall be repealed.” Since the
objection for the district does represent more that fifty percent, the
district will need to be repealed. Attached is an ordinance repealing the district.
This project has been included on
the City’s One and Six Year Plan for several years. It is a vital part of the
beltway around the City of Kearney. The City Council and Staff will have to
look at this project further. Staff recommends the Council accept the report on
the sufficiency of the objections/protests filed with regard to Paving
Improvement District No. 2005-894, find that the protests are sufficient, and
approve Ordinance No. 7155 repealing the district.
Moved by Hadley seconded by
Kearney to accept the report from the City Clerk on the sufficiency of
objections/protests received in connection with Ordinance No. 7152 creating Paving
Improvement District No. 2005-894 for 11th Street from 1st Avenue to a point
340± feet west of 7th Avenue. Roll call resulted as follows: Aye: Hadley, Lear,
Clouse, Kearney. Nay: None. Buschkoetter absent. Motion carried.
ORDINANCE NO. 7155 – REPEAL
ORDINANCE NO. 7152
Council Member Kearney introduced
Ordinance No. 7155, being Subsection 3 of Agenda Item VI to repeal Ordinance
No. 7152 creating Paving Improvement District No. 2005-894 for 11th Street from
1st Avenue to a point 340± feet west of 7th 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, Lear, Clouse, Kearney.
Nay: None. Buschkoetter absent. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared
passed and adopted. City Clerk read Ordinance No. 7155 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Hadley, Lear, Clouse, Kearney. Nay: None. Buschkoetter absent.
Motion carried. Ordinance was read by number.
Moved by Clouse seconded by Lear
that Ordinance No. 7155 be passed, approved and published as required by law.
Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Lear. Nay:
None. Buschkoetter absent. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7155 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. 7156 – AMEND CITY
CODE TO ELIMINATE REFERENCE TO CONTRACTORS BOND
City Manager Michael Morgan
presented this matter to the Council. Staff has been evaluating the possibility
of eliminating certain bond requirements for contractors and liability
insurance requirements for homeowners serving as contractors performing work at
their residence. Provided below is background information and Staff’s recommendation:
· November of 1977 the City of Kearney
first implemented the requirement for a contractors bond in the amount of
$25,000.00; or a continuing bond or a surety bond in the amount of 20% of the
price of the project.
· Additional bond requirements were
imposed on all trades working in the City at about the same time.
· The bond is required to be in place
before a contractor receives a permit.
· Bonds are also required for a
homeowner to perform work when a permit is required.
· The purpose of these bonds is to
provide a method for the City of Kearney to ensure a contractor has complied
with all applicable building and zoning codes adopted by the City.
· Today anyone that applies for a
permit is considered a contractor and is required to post a bond and provide a
$1,000,000 liability insurance policy. This would include a private
homeowner that is doing work on his own property.
· Over the years very few requests
have been made to recover bond proceeds.
· Most cities no longer require such
bond and insurance requirements.
In many cases the added
expense of these requirements has been enough to deter a homeowner from
applying for a permit and caused that individual to simply proceed with a
project. The goal of the Building and Zoning Department is to provide all
developers and builders with positive, constructive advice on the construction
of safe and sound structures. The fact that many avoid the Building
Department in an attempt to save money is contrary to the fundamental purpose
of the Department. Without these requirements, including defining private
individuals as contractors and thus subject them to the bond and liability
insurance requirements, such individuals may be more likely to engage the
service of the Building Department.
In two meetings this
spring, one with the local chapter of the Home Builders Association and a
second with a cross section of the building community, the idea of eliminating
the bond requirement was discussed. The majority attending the meetings
were in agreement the requirement for a bond was both an expense and a
nuisance, they would rather avoid if possible.
The impact of this change will
reduce a considerable amount of staff time processing and filing submitted bond
and insurance policies. Staff recommends that the certain bond and insurance
requirements be eliminated for the following reasons:
· The bond does not ensure the quality
of the work.
· The protection afforded the consumer
and the city is minimal as bonds are very difficult to recover from.
· There currently exist more effective
methods to ensure contractors perform in accordance with adopted codes including
prosecution and registration/license revocation.
It is important that
government review its requirements on a routine basis to determine if the
intended goal is being reached and the methods are cost-effective. Staff
believes the proposed changes are excellent examples of eliminating bureaucracy
without negatively impacting our citizens. Finally, the challenge to staff will
be to use existing tools to hold that small group of contractors accountable
for their actions.
Council Member Lear introduced
Ordinance No. 7156, being Subsection 4 of Agenda Item VI to amend the Kearney
City Code by repealing Section 3-404 “Bond Required” of Article 4 “Permanent
Signs” of Chapter 3 “Business Regulations”; repealing Section 9-208
“Contractors; Bond” of Article 2 “Building Code Generally” of Chapter 9 “Public
Works”; amending Section 9-716 “Electricians; Application for Registration” of
Article 7 “Electricity” of Chapter 9 “Public Works” to remove the reference of
the bond requirement; amending Section 9-718 “Electricians; Registration of
Companies” of Article 7 “Electricity” of Chapter 9 “Public Works” to remove the
reference of the bond requirement; repealing Section 9-720 “Electricians; Bond”
of Article 7 “Electricity” of Chapter 9 “Public Works”; amending Section 9-727
“Electricians; Qualifications for Nonresident Contractors” of Article 7
“Electricity” of Chapter 9 “Public Works” to remove the reference of the bond
requirement; amending Section 9-1044 “Application for Registration”, Division
III “Licensing and Regulation of Plumbers” of Article 10 “Plumbing Code” of
Chapter 9 “Public Works” to remove the reference of the bond requirement;
repealing Section 9-1046 “Plumbers; Bond”, Division III “Licensing and
Regulation of Plumbers” of Article 10 “Plumbing Code” of Chapter 9 “Public
Works”; amending Section 9-1210 “Permit, Deposit, Bond and General Procedure
for Pavement Cuts”, of Article 12 “Streets and Sidewalks” of Chapter 9 “Public
Works” to remove the reference of the bond requirement, 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: Hadley, Kearney, Lear, Clouse.
Nay: None. Buschkoetter absent. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared
passed and adopted. City Clerk read Ordinance No. 7156 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Hadley Kearney, Lear, Clouse,. Nay: None. Buschkoetter absent.
Motion carried. Ordinance was read by number.
Moved by Hadley seconded by
Kearney that Ordinance No. 7156 be passed, approved and published as required
by law. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney.
Nay: None. Buschkoetter absent. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7156 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.
OPEN ACCOUNT CLAIMS -- NEBRASKA
PUBLIC POWER DISTRICT - $47,370.79; FREMONT NATIONAL BANK - $36,446.68
Moved by Kearney seconded by Lear
that Open Account Claims in the amount of $47,370.79 payable to Nebraska Public
Power District be allowed. Roll call resulted as follows: Aye: Hadley, Lear, Kearney.
Nay: None. Buschkoetter absent and Clouse abstained. Motion carried.
Moved by Hadley seconded by
Clouse that Open Account Claims in the amount of $36,446.68 payable to Fremont
National Bank be allowed. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney.
Nay: None. Buschkoetter absent and Lear abstained. Motion carried.
VII. REPORTS
None.
VIII. ADJOURN
Moved by Kearney seconded by
Clouse that Council adjourn at 7:31 p.m. Roll call resulted as follows: Aye:
Hadley, Kearney, Lear, Clouse. Nay: None. Buschkoetter absent. Motion carried.
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK