AGENDA

City Council Chambers, 18 East 22nd Street

September 27, 2005

7:00 p.m.

 

 

I   ROUTINE  BUSINESS

 

1.         Invocation (President or Designee of KMA).

 

2.         Pledge of Allegiance.

 

3.         Roll call.

 

4.         Oral Communication - Recognition of visitors.

 

II   UNFINISHED  BUSINESS

 

None.

 

III   PUBLIC  HEARINGS

 

1.         Conduct a public hearing on the application for a Class “D” (Beer, Wine and Distilled Spirits – Off Sale Only) Liquor License submitted by TALMADGE CONVENIENCE PLAZA LLC, dba “Thirsty’s #2” located at 112 Talmadge Street, and the application for Corporate Manager of Scott Johnson, and approve Resolution No. 2005-156.

 

2.         Conduct a public hearing with regard to Offstreet Parking District No. 1 that any money available from taxes or assessments levied pursuant to Section 19-3315 of the Nebraska Revised Statutes or revenue derived from the operation of an offstreet parking facility may be used in the district for any one or more of the following purposes: (1) Improvement of any public place or facility, including landscaping, physical improvements for decoration or security purposes, and plantings; (2) Construction or installation of pedestrian shopping malls or plazas, sidewalks or moving sidewalks, parks, meeting and display facilities, bus stop shelters, lighting, benches or other seating furniture, sculptures, trash receptacles, shelters, foundations, skywalks, and pedestrian and vehicular overpasses and underpasses, and any useful or necessary public improvements; (3) Leasing, acquiring, constructing, reconstructing, extending, maintaining, or repairing parking lots or parking garages, both above and below the ground, or other facilities for the parking of vehicles, including the power to install such facilities in public areas, whether such areas are owned in fee or by easement; (4) Creation and implementation of a plan for improving the general architectural design of public areas; (5) Development of any public activities and promotion of public events, including the management, promotion, and advocacy of retail trade activities or other promotional activities; (6) Maintenance, repair, and reconstruction of any publicly owned improvements or facilities; (7) The creation by ordinance and operation of a revolving loan fund for the purpose of providing financing upon appropriate terms and conditions for capital improvements to privately owned facilities, subject to the following conditions: (a) No loan from such fund shall exceed an amount equivalent to forty-nine percent of the total cost of the improvements to be financed by the loan; (b) The city shall require and receive appropriate security to guarantee the repayment of the loan; and (c) The proposed improvements to be financed shall serve to foster the purposes of the act, promote economic activity, or contribute to the public health, safety, and welfare; (8)  Any other project or undertaking for the betterment of the public facilities, whether the project is capital or noncapital in nature; (9) Enforcement of parking regulations and the provision of security; and (10) Employing or contracting for personnel, including administrators, for any improvement program under the act, and providing for any service as may be necessary or proper to carry out the purposes of the act and approve Resolution No. 2005-157.

 

IV   CONSENT  AGENDA  *

 

1.         Approve Minutes of Regular Meeting held September 13, 2005.

 

2.         Approve the Claims.

 

3.         Receive recommendations of Planning Commission and set October 11, 2005 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the application for a Special Designated License submitted by St. George Orthodox Church to dispense beer, wine and distilled spirits in the Extension Building at the Buffalo County Fairgrounds, 1400 East 34th Street, on November 12, 2005 from 9:00 a.m. until 10:00 p.m. for a dinner.

 

5.         Approve the Supplemental Agreement to Letter Agreement for Professional Services – Alternative Network Traffic Signal Timing Evaluation with Olsson Associates and approve Resolution No. 2005-158.

 

6.         Approve Change Order No. 1 showing a decrease in the amount of $15,259.52, Application and Certificate for Payment No. 5-Final in the amount of $2,999.98, and the Certificate of Substantial Completion submitted by Blessing, LLC and approved by Miller & Associates for the 2004 Part IX Improvements – Bid B consisting of Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891 for 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. 2005-159.

 

7.         Approve Change Order No. 4 showing a decrease in the amount of $562.70, and Application and Certificate for Payment No. 3 in the amount of $42,290.58 submitted by Paulsen, Inc. and approved by Ross Engineering for the 2004 Part V Improvements – Bid B consisting of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet and approve Resolution No. 2005-160.

 

8.         Approve Change Order No. 1 showing an increase in the amount of $9,820.00 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue and approve Resolution No. 2005-161.

 

9.         Approve Application and Certificate for Payment No. 2 in the amount of $83,191.41 submitted by Midlands Contracting and approved by Miller & Associates for the 2005 Part III Improvements – Bid A consisting of Water District No. 2005-536 for 9th Avenue from 10th Street to 11th Street; Sewer District No. 2005-479 for 9th Avenue from 10th Street to 11th Street; Sewer District No. 2005-480 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Sewer District No. 2005-481 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; and Sewer District No. 2005-482 for Redwood Lane from the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac and approve Resolution No. 2005-162.

 

10.        Approve Application and Certificate for Payment No. 1 in the amount of $102,799.89 submitted by Blessing LLC and approved by Miller & Associates for the 2005 Part III Improvements – Bid B consisting of Paving Improvement District No. 2005-893 for 9th Avenue from 10th Street to 11th Street; Paving Improvement District No. 2005-896 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Paving Improvement District No. 2005-897 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; Paving Improvement District No. 2005-898 for Redwood Lane from the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac and approve Resolution No. 2005-163.

 

11.        Approve Application and Certificate for Payment No. 4 in the amount of $32,228.99 submitted by Midlands Contracting and approved by Miller & Associates for the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue; and Water District No. 2005-540 West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition, an addition to the City of Kearney and approve Resolution No. 2005-164.

 

12.        Approve Change Order No. 1 showing an increase in the amount of $1,656.00 submitted by Kayton Electric and approved by Miller & Associates for the 2005 Part VII Improvements consisting of the installation of a traffic signal at the intersection of 27th Street and Avenue N and approve Resolution No. 2005-165.

 

13.        Approve the Specifications for the construction of a 144 Crypt 80 Niche Garden Mausoleum at the Kearney Cemetery and set the bid opening date for October 14, 2005.

 

14.        Approve the Agreement and Permit for Aeronautical Services between the City of Kearney and Buffalo Air Service for aerial applicator service at the Kearney Municipal Airport and approve Resolution No. 2005-166.

 

15.        Approve Change Order No. 1 showing an increase in the amount of $10,849.39 submitted by Sorensen Group, Inc. and approved by The Clark Enersen Partners for the construction of the Cottonmill Park Marina Building and approve Resolution No. 2005-167.

 

16.        Approve Application and Certificate for Payment No. 1 in the amount of $126,248.85 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2005 Part IV Improvements – Bid B consisting of Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition and approve Resolution No. 2005-168.

 

17.        Set October 11, 2005 as the date for the Council to meet as the Board of Equalization to consider assessing the costs accrued and expended to demolish a building and clean and clear property described as Lots 3 and 4 of Block 3, Kearney Land and Investment Company’s 1st Addition, an addition to the City of Kearney, Buffalo County, Nebraska.

 

18.        Approve the Developer Constructed Infrastructure Agreement for Marianne Hunt 2nd Addition between the City of Kearney and Brad Henning of Nebraska National Bank and James Hunt for the construction of public improvements in Avenue F from 10th Street to 8th Street, in 8th Street from Avenue F to Avenue D, and in Avenue E Place north of 8th Street and approve Resolution No. 2005-169.

 

*           Any item listed on the Consent Agenda may, by the request of any single Council member, be considered as a separate item under the Regular Agenda Section of the Agenda.

 

V   CONSENT  AGENDA  ORDINANCES  *

 

1.         ORDINANCE NO. 7215 – Amend the following sections of Article 19 “Downtown Improvement and Parking District” of Chapter 3 “Business Regulations” of the Code of the City of Kearney; Section 3-1905 “Appointment” to require interested persons to complete an Expression of Interest Form; Section 3-1907 “Chairperson; Officers” to amend the term of the President to two years; Section 3-1908 “Terms of Office” to change the date the terms expire to July 31; Section 3-1909 “Removal of Members” to define and clarify participation of each member; Section 3-1911 “Meetings” to define the location of the meetings to be held in the Council Chambers; Section 3-1915 “Powers; Duties Generally” to better define the promotion, coordination and administration of special events which are to take place on or in the district area; Section 3-1916 “Businesses and Professions Subject to Tax” is deleted in its entirety; Section 3-1917 “License and Occupation Tax; Rates; Classification of Businesses” is deleted in its entirety; Section 3-1918 “License and Occupation Tax; Uses of Revenue” is deleted in its entirety; Section 3-1919 “License and Occupation Tax; Computation” is deleted in its entirety; Section 3-1920 “License and Occupation Tax; Objections to Determination of Amount” is deleted in its entirety; Section 3-1921 “License and Occupation Tax; When Payable; Receipt” is deleted in its entirety; Section 3-1922 “License and Occupation Tax; Special Fund” is deleted in its entirety; Section 3-1923 “Violation; Agents of Nonresident Businesses Subject to Punishment” is deleted in its entirety; Section 3-1924 “Penalty” is deleted in its entirety; to add a new section entitled Section 3-1925 “Taxes and Assessments; Use”. (Pertains to Public Hearing 2)

 

2.         ORDINANCE NO. 7216 – Repeal Ordinance No. 7201 and re-create Sewer District No. 2005-485A for 4th Avenue from 44th Street north a distance of 734.2± feet.

 

3.         ORDINANCE NO. 7217 – Repeal Ordinance No. 7202 and re-create Water District No. 2005-542A for 4th Avenue from 44th Street north a distance of 734.2± feet.

 

VI   REGULAR  AGENDA

 

1.         Open Account Claims   NPPD - $84,957.56; Fremont National Bank - $36,920.91

 

2.         Executive Session to discuss legal and personnel matters.

 

VII   REPORTS

 

VIII   ADJOURN

 

The Mayor and City Council reserve the right to adjourn into executive session as per Section 84-1410 of the Nebraska Revised Statutes.

 

Mayor Galen Hadley 3112 Country Club Lane 237-3794 home	Vice-President Randy Buschkoetter 1110 13th Avenue 234-5553 home           698-8106 office
Council Member Don Kearney 701 Huron Drive 237-3225 home              236-5411 office	Council Member Stan Clouse 4907 Linden Drive Place 236-6193 home           238-5210 office
Council Member Bruce Lear 4803 Avenue L Place 234-5354 home              234-2424 office	City Manager Michael W. Morgan 18 East 22nd Street 233-3214 office

 

 

A current agenda is on file at the Office of the City Clerk at City Hall, 18 East 22nd Street, Kearney, Nebraska.  For more information, call 233-3216 or visit our website at www.cityofkearney.org