Kearney, Nebraska
December 10, 2002
7:30 p.m.
A meeting of the City Council of Kearney, Nebraska, was
convened in open and public session at 7:30 p.m. on December 10,
2002, in the Council
Chambers at City Hall. Present were: Peter Kotsiopulos, President of the
Council; Michaelle Trembly, City Clerk; Council Members Bruce Blankenship,
Randy Buschkoetter, Don Kearney, Jose Zapata, newly elected Councilman Galen
Hadley. Absent: None. G. Allen Johnson, City Manager; Michael Kelley, City
Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of
Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan,
Director of Public Works were also present. Some of the citizens present in
the audience included: Gene McElhinny, Marilyn Hadley, Jack Horner, Jane Musil,
Bob Larson, Bill Nelson, Jerry Idt, Ruth Sajevic, Marvin Koehler, Kim Buschkoetter,
Grant Buschkoetter, Danielle Buschkoetter, Mike Miller, Maggie Konz, Mike Martinosky,
Ken Tracy, Cheryl Walker, Ben Homan, Patty Homan, Jane Kotsiopulos, Samme Karel,
Trent Bosard, Mitch Humphrey, Mike Konz from Kearney Hub, Billy Boyer from KGFW
Radio, Mike Cahill from KKPR Radio, NTV Channel 13, KHAS Channel 5, and 3 UNK
students.
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
Reverend Russ Sommerfeld of Holy Cross Lutheran Church provided the Invocation.
PLEDGE OF
ALLEGIANCE
Boy Scouts Matt Wroblewski and Alex Kolbo led the Council
and audience in the Pledge of Allegiance.
APPROVAL OF
REGULAR MINUTES AND AIRPORT MINUTES OF NOVEMBER 26, 2002
Moved by Kearney
seconded by Buschkoetter to approve the Minutes of Regular Council Meeting of November 26, 2002 and the Minutes of the Kearney
Municipal Airport Corporation Meeting of November 26, 2002. Roll call resulted as follows:
Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship. Nay: None. Motion carried.
CERTIFICATE
OF VOTE – BUFFALO COUNTY ELECTION COMMISSIONER
City Clerk read the following Certificate of Vote from the
Buffalo County Election Commissioner:
This
letter is to certify the November
5, 2002 General
Election results to the City of Kearney for members of the City Council:
Randy Buschkoetter 3,819
Galen Hadley 2,682
Stanley Clouse 2,269
Jerry W. Schroeder 2,148
Glenda
M. DeBrie
Buffalo County Election Commissioner
Moved by Buschkoetter seconded by Blankenship to accept the
Certificate of Vote from the Buffalo County Election Commissioner. Roll call
resulted as follows: Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship. Nay: None.
Motion carried.
REPORT ON
BONDS
City Clerk reported the Nebraska Public Official Bond in the
amount of $10,000.00 for Councilmen Randy Buschkoetter and Galen Hadley were
received and in order.
Out-going Mayor Peter Kotsiopulos stepped down.
Newly-elected Councilman Galen Hadley came forward.
ADMINISTER
THE OATH OF OFFICE
City Clerk administered the Oath of Office to Councilmen
Randy Buschkoetter and Galen Hadley.
Former Mayor Kotsiopulos addressed the Council. He took the
opportunity to thank the Council and the administrative team for many things.
He was certain that his many memories will last the next few day, the next few
months and probably the next few years. They have been a great group of people
to work beside and service with the past 12 years. It is so important in
guiding a municipality to treat citizens of this great community as customers
who benefit from the services, and not just numbers from the various data
bases. He encouraged everyone to “stay the course”. Nobody knows what the big
challenges will be in the next few years, but he is certain that they are in
great hands. He encouraged them to look forward to the benefits to the next
generation, and not what a few rattle about because of short-term selfishness.
It is the Council’s responsibility to listen, but stay focused on the bigger
picture. He would be forever thankful for their public service together, not
politics, for the greater good. He looks forward to working with all of them
in a different manner. He expressed his best for the holidays and a fulfilling
2003.
NOMINATION
OF PRESIDENT/MAYOR
Nominations
were received for the office of President of the Council and Ex-Officio Mayor
who will also serve as President of the Kearney Municipal Airport Corporation
and the Kearney Area Solid Waste Agency. Councilman Buschkoetter nominated
Bruce Blankenship for this position and Councilman Zapata seconded the
nomination. There were no other nominations. Moved by Kearney seconded by Zapata that nominations
cease. Roll call on the nomination of Bruce Blankenship for the office of
President of the Council and Ex-Officio Mayor who will also serve as President
of the Kearney Municipal Airport Corporation and the Kearney Area Solid Waste
Agency resulted as follows: Aye: Buschkoetter, Hadley, Kearney, Zapata,
Blankenship. Nay: None. Motion carried. Bruce Blankenship was nominated and
declared President of the Council and Ex-Officio Mayor who will also serve as
President of the Kearney Municipal Airport Corporation and the Kearney Area
Solid Waste Agency.
Councilman
Zapata stated that he seconded the nomination of Bruce Blankenship and wished
to make a few comments. He wanted to clear the air about the much publicized
race for Mayor. He has been encouraged by many calls and letters and pats on
the back to consider the position. Several people asked him to characterize
the race for the mayor and asked if it was a friendly race or a bitter race.
He stated that he has known Bruce since he was in high school and they were
friends. Over the last six years, they have sat shoulder to shoulder and taken
on all kinds of issues. He believes they are better friends now and is
confident that they will be even better friends in the future. He wanted to
show his support for Bruce as Mayor and to get on to some very important issues
that the City is facing.
He also
stated that he believed that the night belonged to Galen Hadley, who worked
very hard to win his seat on the Council. The night belongs to Randy Buschkoetter,
who was top vote receiver four years ago and has greatly contributed to the
Council for his first term. Randy was also the top vote receiver this year.
The night belonged to Bruce, who has given of himself and shared his time and
talents with them in the last six years. They will embrace his vision and
courage as they face the challenges over the next two years. He stated that
most importantly, he believed the night belonged to unity. They are five
independent thinkers who are the eyes and ears of the community. Sometime they
are on different sides of the fence on some issues and then come back together
for the greater good of the community on the next issue. They will help Kearney continue to grow in a positive
direction providing the “good life” today and bright future for tomorrow.
NOMINATION
OF VICE-PRESIDENT OF THE COUNCIL
Nominations were received for the office of Vice-President
of the Council. Councilman Kearney nominated Jose Zapata for this position and
Councilman Buschkoetter seconded the nomination. There were no other
nominations. Moved by Hadley seconded by Buschkoetter that nominations cease.
Roll call on the nomination of Jose Zapata for the office of Vice-President of
the Council resulted as follows: Aye: Blankenship, Hadley, Kearney, Zapata, Buschkoetter. Nay: None.
Motion carried. Jose Zapata was nominated and declared Vice-President of the
Council.
NOMINATION OF SECRETARY OF KEARNEY MUNICIPAL AIRPORT
CORPORATION
Nominations were received for the office of Secretary of the
Kearney Municipal Airport Corporation. Mayor Blankenship nominated Don Kearney
for this position and Councilman Zapata seconded the nomination. There were no
other nominations. Moved by Zapata seconded by Buschkoetter that nominations
cease. Roll call on the nomination of Don Kearney for the office of Secretary
of the Kearney Municipal Airport Corporation resulted as follows: Aye:
Blankenship, Kearney, Zapata, Buschkoetter, Hadley.
Nay: None. Motion carried. Don Kearney was nominated and declared Secretary
of the Kearney Municipal Airport Corporation.
REAPPOINTMENT
OF MICHAELLE TREMBLY AS CITY CLERK
Moved by Buschkoetter seconded by Hadley to reappoint
Michaelle Trembly as City Clerk. Roll call resulted as follows: Aye:
Blankenship, Zapata, Buschkoetter, Hadley, Kearney. Nay: None. Motion carried.
ORAL
COMMUNICATIONS – PRESENTATION BY SENIOR VOLUNTEERS
The Police Records Volunteers and Chaplains addressed the
Council. Mike Shada stated that this is their eighth year of volunteering and
most of the people present have been there the entire time. He acknowledged
Ruth Sajevic, Bob Larsen, Jerry Idt, Bill Nelson. Also, he acknowledged,
Director of Staff, Jane Musil, and Chief Dan Lynch.
This is the eighth year that Mike has presented a check,
which represents the number of hours that the volunteers have served during the
year. There are about twenty-two volunteers and each volunteer is asked to
serve two hours per week. Ruth Sajevic serves double that amount each week and
many others work more than they are expected to do. He stated that they have a
very pleasing duty and they are excited to do the work assignments from the
staff each week. He presented a check on behalf of all the volunteers for
$15,640.00, which represents 1,955 volunteer hours. This is probably the
largest check that they have submitted to the Council to date.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
REZONING -
NORTHWEST QUADRANT OF AVENUE N AND 56TH STREET
Mayor Blankenship opened the public hearing on the
Application submitted by Tim Norwood (Applicant) for Betty S. King, Trustee
(Owner) to rezone from “District AG, Agricultural District” to “District
R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District”
AND to “District C-1, Limited Commercial District” property described as being
a part of Section 24, Township 9 North, Range 16 West of the 6th P.M.,
containing 9.15 acres, more or less, Buffalo County, Nebraska (northwest
quadrant of Avenue N and 56th Street). (Planning Commission
recommended approval.
This hearing the development plan approval hearing were
discussed together but voted on separately.
The applicant is requesting approval for the first phase of
a mixed use development located at the northwest corner of the intersection of 56th Street and Avenue N. Several condominium
buildings are proposed in the first phase along with a future convenience store
site at the intersection. The condominiums will wrap around the convenience
store and provide a transitional buffer for future single-family dwellings to
the north and west. The applicant is requesting rezoning and Development Plan
approval. The Planning Commission approved the Preliminary Plat on November 15, 2002. The Final Plat has not been
submitted.
The request is to rezone the tract from Agricultural to C-1,
“Limited Commercial District” for future construction of a convenience store,
and to R-2/PD, “Urban Residential Mixed Density/Planned Development Overlay
District” for the construction of eight duplex buildings. The overall site
consists of 9.14 acres of which 1.78 acres is slated for rezoning to C-1 while
the remainder will be zoned R-2/PD.
The applicant is requesting approval of Development Plans
for eight duplex buildings that will be developed under condominium law. The
duplex buildings will be located along a curved private street that connects to
56th Street and Avenue N. Staff had some
concerns about potential “cut through” traffic between the two arterial streets
in the future if a traffic signal is located at the intersection. The
applicant has worked with the Kearney Volunteer Fire Department and City
Planning Staff to provide adequate emergency vehicle access to the site while
discouraging “cut through” traffic between the two arterial streets. The
private street will maintain access to Avenue N for all vehicular traffic but
the access to 56th
Street will be closed
except for emergency vehicles. Removable bollards will be placed at this
intersection.
Elevations of all four sides of the proposed buildings are
shown. Stormwater Management is required for this subdivision. Detention cell
design and drainage computations shall be submitted to the City Engineer for review
and approval as part of the Public Works Plan that will be required in
conjunction with the Final Plat. No Building Permits will be issued until the
Public Works Plan is approved.
There was considerable discussion regarding the Landscape
Plan at the Planning Commission hearing. In their motion the Commissioners
requested a Revised Landscape Plan prior to City Council. The plan was to
reallocate some spruce trees from their original proposed location to a more
suitable location and to double the number of deciduous trees within the condo
development. Foundation plantings of shrubs and groundcover around the
buildings were also recommended. A Revised Landscape Plan has been submitted to address these
issues.
Gene McElhinny presented this matter to the Council. His
intention is to remove the King house, the farm buildings and the feedlots.
Councilman Kearney asked if he agreed to the “subject to” provisions. He
responded that the only one that he does not have is the landscaping in the
front. What they have done in the past is leave a 2x10 foot mulched area and
the individual owners will landscape it themselves. They leave it to the
landowners to do what they want around their unit. The buffer zone will be
increased, once he gets the plans done for the convenience store. Councilman Buschkoetter
asked if the landscaping is part of the purchase agreement to assure that it
does get done. Mr. McElhinny responded that it is not part of the purchase
agreement, but if it does not get done, they will do it. So far everyone has
done it themselves.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Zapata to close the hearing and
approve the Application submitted by Tim Norwood (Applicant) for Betty S. King,
Trustee (Owner) to rezone from “District AG, Agricultural District” to
“District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay
District” AND to “District C-1, Limited Commercial District” property described
as being a part of Section 24, Township 9 North, Range 16 West of the 6th P.M.,
containing 9.15 acres, more or less, Buffalo County, Nebraska (northwest
quadrant of Avenue N and 56th Street). Roll call resulted as
follows: Aye: Blankenship, Buschkoetter, Hadley, Kearney, Zapata. Nay: None. Motion
carried.
DEVELOPMENT PLANS - NORTHWEST QUADRANT OF AVENUE N AND 56TH
STREET
Mayor Blankenship opened the public hearing on the
Application submitted by Tim Norwood (Applicant) for Betty S. King, Trustee
(Owner) for Development Plan Approval for the construction of a 8 duplex
dwellings on property to be zoned “District R-2/PD, Urban Residential
Mixed-Density/Planned Development Overlay District” and described as being a
part of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo
County, Nebraska, to be known as Lot 2, Camron 1st Addition to the
City of Kearney, Buffalo County, Nebraska (464.50 feet west and 464.50 feet
north of the northwest corner of Avenue N and 56th Street) and to
consider Resolution No. 2002-276. Planning Commission recommended subject to
compliance of the following conditions: (1) the landscape plan shall be
reviewed and redeveloped prior to the Council meeting and that the plan reflect
a buffer zone of spruce trees around the northern and western sides of the
commercial lots on 40-foot centers; (2) that the landscape plan contain at
least twice again the number of deciduous trees as shown for the residential
area; and (3) landscaping of other type (lower growing shrubbery) around the
front areas of the buildings themselves be provided.
There was no one present in opposition to this hearing.
Moved by Zapata seconded by Blankenship to close the hearing
and approve the Application submitted by Tim Norwood (Applicant) for Betty S.
King, Trustee (Owner) for Development Plan Approval for the construction of a 8
duplex dwellings on property to be zoned “District R-2/PD, Urban Residential
Mixed-Density/Planned Development Overlay District” and described as being a
part of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo
County, Nebraska, to be known as Lot 2, Camron 1st Addition to the
City of Kearney, Buffalo County, Nebraska (464.50 feet west and 464.50 feet
north of the northwest corner of Avenue N and 56th Street) and
approve Resolution No. 2002-276 subject to compliance of the following
conditions: (1) the landscape plan shall be reviewed and redeveloped so that
the plan depicts a buffer zone of spruce trees around the northern and western
sides of the commercial lots on 40-foot centers; (2) that the landscape plan
contain at least twice again the number of deciduous trees as shown for the
residential area; and (3) foundation landscaping plantings of other types
(lower growing shrubbery and ground cover) around the buildings themselves shall
be shown on the plan. Roll call resulted as follows: Aye: Blankenship,
Hadley, Kearney, Zapata, Buschkoetter. Nay: None.
Motion carried.
RESOLUTION NO. 2002-276
WHEREAS, Tim Norwood
(Applicant) for Betty S. King, Trustee (Owner) has applied for Planned District
Development Plan Approval for the construction of a eight duplex dwellings on
property to be zoned “District R-2/PD, Urban Residential Mixed-Density/Planned
Development Overlay District” and described as a tract of land beginning at the
southeast corner of the Southeast Quarter of Section 24, Township 9 North,
Range 16 West of the 6th P.M., thence S89°39’53”W along the south line of said Southeast
Quarter of said Section 24 a distance of 285.00 feet, thence N00°00’00”W a distance of 50.00 feet to the true point of
beginning, thence S89°40’00”W a distance of 229.00 feet,
thence N00°00’00”W a distance of 262.93 feet,
thence N53°39’20”E a distance of 156.42 feet,
thence N41°15’36”E a distance of 146.55 feet,
thence N89°40’00”E a distance of 241.86 feet,
thence S00°00’00”W a distance 229.00 feet,
thence S89°40’00”W a distance of 147.00 feet,
thence S44°50’00”W a distance of 125.52 feet,
thence S00°00’00”E a distance of 147.00 feet to
the true point of beginning, said tract containing 3.19 acres, more or less
(139,314.07 sq. ft., more or less), to be known as Lot 2, Camron 1st
Addition to the City of Kearney, Buffalo County, Nebraska (464.50 feet west and
464.50 feet north of the northwest corner of Avenue N and 56th
Street).
NOW, THEREFORE, BE IT RESOLVED by
the President and City Council of the City of Kearney, Nebraska, that the
application of Tim Norwood (Applicant) for Betty S. King, Trustee (Owner) for
Planned District Development Plan Approval for the construction of a eight
duplex dwellings on property to be zoned “District R-2/PD, Urban Residential
Mixed-Density/Planned Development Overlay District” and described above be
approved subject to the following terms and conditions:
1.
the landscape
plan shall be reviewed and redeveloped so that the plan depicts a buffer zone
of spruce trees around the northern and western sides of the commercial lots on
40-foot centers;
2.
that the
landscape plan contain at least twice again the number of deciduous trees as
shown for the residential area; and
3.
foundation landscaping
plantings of other types (lower growing shrubbery and ground cover) around the
buildings themselves shall be shown on the plan.
PASSED AND APPROVED THE 10TH DAY OF
DECEMBER, 2002.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
DEVELOPMENT
PLANS – HOGAN SPORT STORE; 10 WEST 56TH STREET
Mayor Blankenship opened the public hearing on the
Application submitted by Trent Bosard on behalf of BD Construction (Applicant)
for Todd Van Skiver (Owner) for Development Plan Approval for the construction
of an office/shopping center on property zoned “District C-2/PD, Community
Commercial/Planned Development Overlay District” and described as Lot 1, Skiview
Third Addition to the City of Kearney, Buffalo County, Nebraska (10 West 56th
Street) and to consider Resolution No. 2002-277. Planning Commission
recommended approval subject to the applicant shall provide a landscape plan
with five percent interior landscaping, recommending that the interior
landscape islands be placed at the south end of both parking isles and that the
plant sizes be listed for each plant variety. Administration recommends
compliance of the following conditions: separate individual water meters and
sewer service are required for utility connections if the building will be
under multiple ownership, the public sidewalk along 56th Street
shall be eight feet in width to provide a section of the hike-bike trail with
the developer paying for four feet and the City of Kearney paying for four
feet, and stormwater from this site must enter the existing Wal-Mart cell ahead
of the outfall structure.
The applicant is pursuing approval of Development Plans for
a 13,000 square foot strip mall located north of Wal-Mart and west of the
detention cell on 56th
Street. The Legal
Description for this parcel is Lot 1 of Skiview 3rd Addition and the
street address is 10
West 56th Street. A similar retail mall was proposed last year on the tract immediately
west of this parcel. The zoning on this parcel is C-2/PD.
This commercial site has visibility along 56th Street. Access to the site is available
from an existing drive that provides service to the rear of the Wal-Mart
store. This drive will become shared access with the development of the strip
mall. Adequate parking is provided for retail commercial uses. The location
of the trash enclosure has been moved based on input from the Utilities
Department. Sanitary sewer service for this lot must be taken from the
existing manhole on Lot 2. Individual meters are required
for utility connections if the building will be under multiple ownership. The
public sidewalk along 56th
Street shall be eight
feet in width to provide a section of the hike-bike trail along the south side
of 56th
Street. The City of Kearney will pay for four feet of the walk,
the Developer will pay for the other four feet. Stormwater detention is
required and can be provided by the existing Wal-Mart cell. The stormwater
from this site must enter the cell ahead of the outfall structure.
Discussion was held on the Landscape Plan at the Planning
Commission hearing. Although the plant varieties are listed, no plant sizes
are given. The Unified Land Development Ordinance requires five percent of the
interior area of the parking lot to be landscaped. The south ends of both
parking aisles provide adequate room to integrate the landscaping into the
parking lot. The motion from the Planning Commission recognized these
landscaping issues as a condition of approval. A Revised Landscape Plan has
been submitted to address these issues.
Trent Bosard presented this matter to the Council. He
stated that they will be building a 13,000 sq. ft. facility, of which 5,000 sq.
ft. will be occupied by Hogan’s Sports. The remainder will be lease space for
future development. They have made the changes to the landscape plan. Their
intention was to have the storm water run into the detention cell and
everything will be separate metered for each lease space. A point was made
that if each lease space has a separate meter for water then they have to have
their own sewer service to the City sewer.
There was no one present in opposition to this hearing.
Moved by Blankenship seconded by Kearney to close the
hearing and approve the Application submitted by Trent Bosard on behalf of BD
Construction (Applicant) for Todd Van Skiver (Owner) for Development Plan
Approval for the construction of an office/shopping center on property zoned
“District C-2/PD, Community Commercial/Planned Development Overlay District”
and described as Lot 1, Skiview Third Addition to the City of Kearney, Buffalo
County, Nebraska (10 West 56th Street) and approve Resolution No.
2002-277 subject to compliance of the following conditions: (1) applicant
shall provide a landscape plan with five percent interior landscaping; (2) the
interior landscape islands shall be placed at the south end of both parking
isles; (3) the plant sizes shall be listed for each plant variety; (4) separate
individual water meters and sewer service are required for utility connections
if the building will be under multiple ownership; (5) the public sidewalk along
56th Street shall be eight feet in width to provide a section of the
hike-bike trail with the developer paying for four feet and the City of Kearney
paying for four feet; and (6) stormwater from this site must enter the existing
Wal-Mart cell ahead of the outfall structure. Roll call resulted as follows:
Aye: Blankenship, Kearney, Zapata, Buschkoetter, Hadley.
Nay: None. Motion carried.
RESOLUTION NO. 2002-277
WHEREAS, Trent Bosard on
behalf of BD Construction (Applicant) for Todd Van Skiver (Owner) for
Development Plan Approval for the construction of an office/shopping center on
property zoned “District C-2/PD, Community Commercial/Planned Development
Overlay District” and described as Lot 1, Skiview Third Addition to the City of
Kearney, Buffalo County, Nebraska (10 West 56th Street).
NOW, THEREFORE, BE IT RESOLVED by
the President and City Council of the City of Kearney, Nebraska, that the
application of Trent Bosard on behalf of BD Construction (Applicant) for Todd
Van Skiver (Owner) for Development Plan Approval for the construction of an
office/shopping center on property zoned “District C-2/PD, Community
Commercial/Planned Development Overlay District” and described as Lot 1, Skiview
Third Addition to the City of Kearney, Buffalo County, Nebraska (10 West 56th
Street) be approved subject to the following terms
and conditions:
1.
applicant shall
provide a landscape plan with five percent interior landscaping;
2.
the interior
landscape islands shall be placed at the south end of both parking isles;
3.
the plant sizes
shall be listed for each plant variety;
4.
separate
individual water meters and sewer service are required for utility connections
if the building will be under multiple ownership;
5.
the public
sidewalk along 56th Street shall be eight feet in width to provide a
section of the hike-bike trail with the developer paying for four feet and the
City of Kearney paying for four feet; and
6.
stormwater from
this site must enter the existing Wal-Mart cell ahead of the outfall structure.
PASSED AND APPROVED THE 10TH DAY OF
DECEMBER, 2002.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
IV. CONSENT AGENDA
Moved by Kearney
seconded by Buschkoetter that Subsections 1 through 6 of Consent Agenda Item IV
be approved. Roll call resulted as follows: Aye: Blankenship, Zapata, Buschkoetter,
Hadley, Kearney. Nay: None. Motion carried.
1. Ace Hardware $219.94 Various; Adams Mark Hotels $667.06 Tr;
Advisors Marketing Group $194.30 Su; AFLAC $1,433.18 Ded; Agent Fee $40.00 Tr;
Alltel $2,478.92 Various; Amazon $16.47 Bks; Amer Assoc. of Airport Exec
$850.00 Tr; Andersen Wrecking $20.00 Inv; Anderson Outdoor Power $961.62
Various; Ashbrook $877.81 Rep; Baker & Taylor $937.11 Bks; Bamford
$2,829.68 Rep; BBC $83.00 Bks; Big Flag $21.00 Inv; Blackstone Audiobooks
$25.00 Bks; Blevins, D $159.00 Ref; Bob's Super Store $82.36 Various; Books on
Tape $1,118.40 Bks; Bound to Stay Bound Books $648.22 Bks; Buerer Computer
Consulting $127.50 Serv; Buffalo Co Reg of Deeds $91.00 Serv; Buffalo Co Dist
Court $129.00 Ded; Buggy Bath Car Wash $6.50 Rep; Builders How-to-Warehouse
$1,033.64 Various; Burke, M $2,450.00 Serv; Cabela's $1,452.85 Various; Canada
Life Assurance $2,228.59 Ded; Capstone Press $191.40 Bks; Casey's $23.00 Tr;
Cavendish, M $320.95 Bks; CDW Government $2,560.95 Su; CED Enterprise Electric
$748.00 Su; CED/Amer Electric $128.98 Various; Central Hydraulic Systems
$182.84 Inv; CFM 1722 $8.04 Tr; CHAD $10.00 Ded; Charter Comm $21.41 Serv; City
of Ky $1,540,356.46 Various; Cleaning Solutions $1,725.00 Serv; Cold Spring
Granite $81.90 Su; College Savings Plan of NE $210.00 Ded; Computer Hardware
$425.00 Various; Computer Pro's $59.55 Su; Conoco $9.41 Tr; Conseco Life
Insurance $38.00 Ded; Construction Rental $115.74 Various; Control Masters
$348.00 Rep; Copy Cat Printing $1,060.28 Su; Cordova, T $74.89 Reim; Cornhusker
Int'l Trucks $34.34 Inv; Corp Diversified Services $109,793.27 Various; Country
Inn & Suites $83.25 Tr; Cowpoke $156.88 Cla; Crossroads Ford $489.83 Inv;
Crucial Technology $327.56 Serv; Culligan $152.75 Various; Cummins Great Plains
$9,875.63 Various; Dannehl's Feed $60.95 Su; Dell $11,301.06 Various;
Depository Trust $629,615.00 Princ & Int; DIT Computers $199.94 Su; Double
M Farms $2,000.00 Serv; Dubs $136.24 Various; Duffelbags.Com $523.04 Su;
Dutton-Lainson $19,426.00 Serv; Eakes Office Plus $2,027.10 Various; Earl May
Garden Center $19.98 Inv; Ecolab $26.00 Su; EDM Equipment $227.80 Su; Educational
Clear $34.75 Bks; Educational Svc. Unit 10 $45.00 Tr; Eileen's Colossal Cookie
$13.50 Su; Eirich, T $40.00 Reim; Elliott Equipment $770.79 Inv; Expression
Wear $648.00 Various; Fairbanks Int'l $7,644.09 Various; FASB GASB $27.75 Bks; Fastenal
$373.35 Inv; Fedex $36.08 Various; Fiddelke Htg $7.80 Rep; Fireguard $843.67
Su; Ford Motor Credit $6,087.38 Equip; Forestry Suppliers $288.48 Su; Fox Bros.
Hay $2,325.00 Serv; Fremont Nat'l Bank $34,132.48 Ded; Frontierair $512.00 Tr;
FYR-TEK $562.50 Su; Gale Group $26.14 Bks; Galeton Gloves $180.80 Inv; Galls
$390.80 Various; Gas N Shop $27.69 Tr; General Binding $911.40 Serv; Graham
Tire $360.04 Inv; Grainger $668.28 Various; Great Lakes Airlines $411.00 Tr;
Greenleaf Enterprises $19.95 Bks; H&G Cleaners $1,813.57 Various; Hampton
Inn Philadelphia $500.89 Tr; Hardin, L $227.01 Reim; Heartland Co-op $2,024.00
Inv; Heinemann Library $93.19 Bks; Highsmith $36.97 Su; Hilton Garden Inn
$324.57 Tr; Holiday Inns $1,038.76 Tr; Holmes Plumbing $735.32 Various;
Hometown Leasing $206.00 Equip; Hutcheson Engineering $176.33 Rep; Hyatt Hotels
Crown Center $659.60 Tr; Hydrologic $3,688.06 Various; ICMA $646.00 Dues, Bks;
ICMA RC $2,440.93 Ded; IRS $76,698.63 Ded; Int'l Assoc Elec Inspectors $103.25 Bks;
Invensys Metering Systems $750.00 Serv; ISCO $175.50 Rep; Island Supply $132.50
Serv; JC Penney $89.97 Cla; JR's Western $4,183.77 Cla; K&K Parts $515.00
Inv; Ky Area Children's Museum $2,524.00 Comm Betterment; Ky Area Solid Waste
Agency $75,069.68 Tipping Fees; Ky Area United Way $534.74 Ded; Ky Concrete
$698.50 Rep; Ky Family YMCA $1,410.74 Ded; Ky Glass $66.00 Rep; Ky Implement
$11,249.04 Various; Ky Tire & Auto $24.53 Rep; Ky Warehouse $1,175.13
Various; Ky Winlectric $20.00 Su; Ky Yamaha $322.25 Various; Kelly Supply
$1,753.17 Various; Killion Motors $64.11 Inv; Kirkham Michael $4,500.00 Rep;
Kmart $430.45 Various; Kotsiopulos, P $97.82 Tr; Kussmaul Electronics $399.03
Su; Kustom Signals $168.00 Su; KYOCERA $24.61 Su; L&W Tires & Treads
$1,396.23 Various; Labsafe $183.23 Su; Lakeshore $63.14 Su; Lampe's Air Filter
Sales $408.00 Inv; Laser Art Design $95.00 Su; Lasertec of NE $740.00 Su;
Lawson Products $476.28 Various; Lee Wayne $503.69 Su; Linweld $453.33 Various;
Lynn Peavey $85.88 Cap Impr; Mail Express $101.74 Various; Marriott $900.46 Tr;
Martinosky, M $50.00 Reim; McLaughlin, S $200.00 Prem; MES Snyder $401.35 Tr;
Met-Pro $632.14 Su; Michael Todd $74.62 Inv; Mid American Specialites $298.62 Tr;
Midway Oil $16.41 Su; Midwest Turf $378.14 Rep; Miller & Assoc $7,731.60 Serv;
Minitex $1,595.00 Serv; Misko Sports $1,243.20 Various; MOMAR/AQUATROL $593.41
Rep; Mossbarger, B $200.00 Prem; Mr. Automotive $1,785.39 Various; Multi-Com
Computers $148.87 Su; MZI Zones $242.38 Su; NAPA All Makes Auto Supply $967.25
Various; Nat'l Assoc of Fire Investigators $40.00 Dues; Nat'l Electrical
Seminar $110.00 Tr; Nat'l Paper Supply $164.15 Su; Nat'l Electrical Contractor
$25.00 Dues; Nat'l Fire Protection $801.38 Various; NE Child Support $1,027.09 Ded;
NE Trust $18,117.50 Princ & Int; NE Dept. of Revenue $21,407.29 Ded; NE
Machinery $35,501.73 Rep; NE Society of CPA's $180.00 Tr; NE Truck Center
$173.83 Inv; NE Trust $18,117.50 Princ & Int; NEland Conf. Of Bldg.
Officials $60.00 Dues; New Horizons CLC of Omaha $2,000.00 Tr; New World
Systems $29,200.00 Software; Newman Traffic Signs $47.86 Su; Nickman, C $8.00
Ref; Nogg Chemical $500.84 Inv; Northern Safety $62.90 Rep; Northern Tool
$27.50 Su; Northern Video Systems $387.05 Equip; Northstar Publishing $5.00 Bks;
Northwestern Energy $53,856.86 Serv; NPPD $82.66 Serv; Office Depot $444.73 Su;
Office Max $874.77 Various; Officenet $843.30 Su; Old Navy $72.00 Cla; Ollis
Book $778.76 Bks; OMB Police Supply $179.00 Cap Impr; O'Reilly $104.17 Inv;
Oriental Trading $20.76 Su; Orscheln Farm $1,306.29 Various; Our Designs
$139.95 Su; Parts System $494.81 Equip; Patterson, B $97.50 Pstg; Paul Otto
Curb Grinding $90.00 Cap Impr; Petro of York $20.00 Tr; PGA of America $64.50
Dues; Pioneer Manufacturing $175.00 Inv; Platte Valley Comm $70.65 Various;
Preferred Mail $149.76 Pstg; Presto-X $173.50 Rep; Priority Mgt. System $29.25
Su; Promo Unlimited $239.47 Su; Quill $205.42 Su; Quilters Trunk $5.95 Su;
Radio Shack $165.34 Rep; Raymond Geddes $378.02 Su; RDJ Specialties $285.00 Su;
Ready Mixed Concrete $693.75 Su; Reams Sprinkler Supply $61.47 Rep; Recognition
Unlimited $15.00 Su; Recorded Books $65.45 Bks; Redman's Shoes $1,099.10 Cla;
Riverside Animal Hospital $1,175.50 Serv; Roper's Radiator $45.00 Inv; Roth, K
$15.91 Cla; Routledge Publishing $54.18 Bks; Safety Vision $107.75 Inv; Sage, P
$15.97 Cla; Sahling Kenworth $708.83 Various; Salem Press $388.50 Bks; Savages
Guide $33.90 Bks; Schmeeckle, C $45.00 Ref; School Dist. #7 $9,920.85 Remit;
School-Age Notes $111.94 Bks; See Clear Cleaning $1,800.00 Serv; S-F Analytical
Lab $180.00 Serv; Sherwin Williams $100.96 Various; Shiers, D $4,416.00 Serv;
Shirt Shack $1,268.00 Su; Sport Supply Group $156.06 Su; Sporting Edge $169.91
Su; Sprint $200.20 Serv; Star Homes $318.00 Ref; State of NE Div Of Comm $26.43
Serv; Steinbrinks Landscaping $164.98 Rep; Story, G $135.00 Tr; Superior
Signals $175.90 Inv; Taylor Made Golf $932.14 Inv; Tee's Plus $225.25 Su; Tollefsen
Elliott Lumber $830.18 Various; Tool Doctor $36.00 Rep; Toyne $43.35 Rep;
Tractor-Supply $1,244.88 Various; U Save Goods $57.06 Su; U Stop 12 $22.10 Tr;
UAP Pueblo $308.95 Su; Unico of Ky $2,538.00 Prem; Union Oil $17,080.56 Inv;
United Way $450.00 Donation; US West Store $46.16 Su; USPS $6.40 Pstg; Village
Cleaners $298.72 Various; Walgreens $21.07 Rep; Walmart Supercenter $2,062.87
Various; Warner Chemical Mfg $35.85 Su; Water Environment Fed $385.00 Dues; We
Care Tree Care $1,022.00 Serv; Wilke Donovans True Value $81.86 Various; Xerox
$254.00 Equip; Zimmerman Printers $237.50 Su. 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.
2. Approve
recommendation from Administration on the purchase of three trucks for
Utilities/Sanitation Division as follows: Roll Off Box Truck from Nebraska Truck Center in the amount of $106,345.00; a
Rear Load Truck from MWC Enterprises in the amount of $67,000.00; and a Side
Load Refuse Truck from Wicks Sterling Trucks, Inc in the amount of $134,420.00.
3. Approve Application and Certificate for Payment No. 1 in the
amount of $435,058.31 submitted by Midlands Contracting for the 2002 Water
System Improvements consisting of Water Connection District No. 2002-1 in
Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence
east to Airport Road, thence north to 39th Street; Water Connection District
No. 2002-2 in Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke
Addition, north a distance of 1,890 feet; Water Connection District No. 2002-3
in 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th
Addition, north a distance of 1,371 feet; Avenue F from 27th Street
to 28th Street; 28th Street from Avenue E to Avenue F and
approve Resolution No. 2002-278.
RESOLUTION NO. 2002-278
WHEREAS, Midlands Contracting, Inc.
has performed services in connection with the 2002 Water System Improvements
consisting of Water Connection District No. 2002-1 in Cherry Avenue from 11th
Street north to the Union Pacific right-of-way, thence east to Airport Road,
thence north to 39th Street; Water Connection District No. 2002-2 in Avenue N
from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a
distance of 1,890 feet; Water Connection District No. 2002-3 in 30th Avenue
from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition,
north a distance of 1,371 feet; Avenue F from 27th Street to 28th Street; 28th
Street from Avenue E to Avenue F, and the City’s engineer, Miller &
Associates, have filed with the City Clerk Application and Certificate for
Payment No. 1 in the amount of $435,058.31 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
Original
Contract Sum
|
$1,129,012.50
|
|
Change Order No. 1 (10-22-2002)
|
+ 62,330.00
|
|
Contract Sum to Date
Total Completed and Stored to Date
Retainage
Total Earned Less Retainage
Less Previous Payments
Current Payment Due
|
$1,191,342.50
$483,398.12
48,339.81
435,058.31
.00
$435,058.31
|
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. 1, as shown on Exhibit “A”, be
and is hereby accepted and approved.
PASSED AND APPROVED THIS 10TH DAY OF DECEMBER,
2002.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
4. Approve
Application and Certificate for Payment No. 12 in the amount of $211,999.89
submitted by United Contractors Inc. for the Avenue M Viaduct consisting
of Paving Improvement District No. 2000-840 for the Avenue M/N Overpass from
the north line of South Railroad Street and Avenue M intersection, north to the
intersection of 27th Street and Avenue N and approve Resolution No.
2002-279.
RESOLUTION NO. 2002-279
WHEREAS, United Contractors, Inc.
has performed services in connection with the AVENUE M/N OVERPASS
consisting of Paving Improvement District No. 2000-840 for the Avenue M/N
Overpass from the north line of South Railroad Street and Avenue M intersection,
north to the intersection of 27th Street and Avenue N, and the
City's engineer, Miller & Associates, have filed with the City Clerk
Application and Certificate for Payment No. 12 in the amount of $211,999.89 as
shown on Exhibit “A” attached hereto and made a part hereof by reference and as
follows:
Original
Contract Sum
|
$5,210,841.30
|
|
Change Order No. 1 (1-8-2002)
|
+ 13,018.00
|
|
Change Order No. 2 (1-8-2002)
|
- 10,453.07
|
|
Change Order No. 3 (1-8-2002)
|
+ 7,302.99
|
|
Change Order No. 4 (10-22-2002)
|
+ 29,631.23
|
|
Changer Order No. 5 (10-22-2002)
|
+ 12,627.40
|
|
Contract Sum to Date
|
$ 5,262,967.89
|
|
|
|
|
Total Completed and Stored to Date
|
5,165,261.67
|
|
Less 10% Retainage
|
258,263.08
|
|
Amount Due to Date
|
4,906,998.59
|
|
Less Previous Certificates for Payment
|
4,694,998.70
|
|
Current Payment Due
|
$ 211,999.89
|
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. 12, as shown on Exhibit “A”,
be and is hereby accepted and approved.
PASSED AND APPROVED THIS 10TH DAY OF DECEMBER,
2002.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
5. Approve
Application and Certificate for Payment No. 3 in the amount of $184,351.25
submitted by Blessing, LLC for the 2002 Part IV Improvements consisting
of Paving Improvement District No. 2001-858 for the alley between 1st
Avenue and 2nd Avenue from 15th Street to 16th
Street, Paving Improvement District No. 2002-869 for the alley between 1st
Avenue and 2nd Avenue from 21st Street to North Railroad Street, Paving
Improvement District No. 2002-870 for the alley between Central Avenue and
Avenue A from 21st Street to North Railroad Street, and the parking lot located northwest of the Library and approve
Resolution No. 2002-280.
RESOLUTION NO. 2002-280
WHEREAS, Blessing, LLC has performed
services in connection with the 2002 Part IV Improvements consisting of
Paving Improvement District No. 2001-858 for the alley between 1st
Avenue and 2nd Avenue from 15th Street to 16th
Street, Paving Improvement District No. 2002-869 for the alley between 1st
Avenue and 2nd Avenue from 21st Street to North Railroad Street, Paving
Improvement District No. 2002-870 for the alley between Central Avenue and
Avenue A from 21st Street to North Railroad Street, and the parking lot located
northwest of the Library, and the City's engineer, Miller & Associates,
have filed with the City Clerk Application and Certificate for Payment No. 3 in
the amount of $184,351.25 as shown on Exhibit “A” attached hereto and made a
part hereof by reference and as follows:
|
Original Contract Sum
|
$394,096.50
|
|
|
|
|
Contract Sum To Date
|
394,096.50
|
|
Gross Amount Due
|
367,518.10
|
|
Retainage
|
18,375.91
|
|
Amount Due to Date
|
349,142.19
|
|
Less Previous Certificates for Payment
|
164,790.94
|
|
|
|
|
Current Payment Due
|
$184,351.25
|
NOW, THEREFORE, BE IT RESOLVED by the President
and Council of the City of Kearney, Nebraska, and hereby find and determine
that Application and Certificate for Payment No. 3, as shown on Exhibit “A”, be
and is hereby accepted and approved.
PASSED AND APPROVED THIS 10TH DAY OF DECEMBER,
2002.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
6. Approve
the Amendments to the Money Accumulation Plan for the Employees of the City of Kearney and Kearney Municipal Airport
Corporation, the City of Kearney
Police Officers’
Pension Plan, and the City of Kearney Firefighters’ Pension Plan and approve Resolution No. 2002-281.
RESOLUTION NO. 2002-281
BE IT RESOLVED by the President and Council of
the City of Kearney, Nebraska, that the City shall amend and it hereby does adopt,
an amendment of the City of Kearney, Nebraska Police Officers’ Pension Plan and
Trust (the “Police Plan”) in the form of the Amendment attached hereto and by
this reference fully incorporated herein. The purpose of said amendment is to
adopt the amendments required for tax-qualified government retirement plans
under the Economic Growth and Tax Relief Reconciliation Act of 2001, and to
adopt Internal Revenue Service model amendments relating to the minimum
distribution requirements of Internal Revenue Code Section 401(a)(9).
BE IT FURTHER RESOLVED, that the City shall
amend and it hereby does adopt, an amendment of the City of Kearney, Nebraska
Firefighters’ Pension Plan and Trust (the “Firefighters’ Plan”) in the form of
the Amendment attached hereto and by this reference fully incorporated herein.
The purpose of said amendment is to adopt the amendments required for tax-qualified
government retirement plans under the Economic Growth and Tax Relief
Reconciliation Act of 2001, and to adopt Internal Revenue Service model
amendments relating to the minimum distribution requirements of Internal
Revenue Code Section 401 (a)(9).
BE IT FURTHER RESOLVED, that the City shall
amend and it hereby does adopt, an amendment of the Money Accumulation Plan for
Employees of the City of Kearney and Kearney Municipal Airport
Corporation (the “Money Accumulation Plan”) in the form of the Amendment
attached hereto and by this reference fully incorporated herein. The purpose
of said amendment is to adopt the amendments required for tax-qualified
government retirement plans under the Economic Growth and Tax Relief
Reconciliation Act of 2001, and to adopt Internal Revenue Service model
amendments relating to the minimum distribution requirements of Internal
Revenue Code Section 401(a)(9).
BE IT FURTHER RESOLVED, that the Mayor and other
appropriate elected officials and officers of the City of Kearney shall be, and
they hereby are, authorized to do all things necessary to carry out and
accomplish the foregoing Resolutions, including the execution of any document
or amendment which may be necessary or appropriate to amend and administer the
aforesaid Plans, including such actions as may be necessary or appropriate to
achieve and maintain qualification of the aforesaid Plans under Section 401(a)
of the Internal Revenue Code of 1986, as amended, as said sections apply to
government plans.
PASSED AND APPROVED THIS 10TH DAY OF DECEMBER,
2002.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
V. CONSENT AGENDA ORDINANCES
None.
VI. REGULAR AGENDA
ORDINANCE NO. 6927 – REZONING; NORTHWEST QUADRANT OF AVENUE
N AND 56TH STREET
Councilman Buschkoetter introduced Ordinance No. 6927, being
Subsection 1 of Agenda Item VI to rezone from “District AG, Agricultural
District” to “District R-2/PD, Urban Residential Mixed-Density/Planned
Development Overlay District” AND to “District C-1, Limited Commercial
District” property described as being a part of Section 24, Township 9 North,
Range 16 West of the 6th P.M., containing 9.15 acres, more or less, Buffalo
County, Nebraska (northwest quadrant of Avenue N and 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. Councilman Hadley seconded
the motion to suspend the rules. President of the Council asked for discussion
or if anyone in the audience was interested in the ordinance. No one
responded. Clerk called the roll which resulted as follows: Aye: Blankenship,
Hadley, Kearney, Zapata, Buschkoetter. Nay: None.
Motion to suspend the rules having been concurred in by three-fourths of the
City Council, said motion was declared passed and adopted. City Clerk read
Ordinance No. 6927 by number. Roll call of those in favor of the passage of
said ordinance on the first reading resulted as follows: Aye: Blankenship,
Hadley, Kearney, Zapata, Buschkoetter. Nay: None. Motion carried. Ordinance
was read by number.
Moved by Hadley seconded by Zapata that Ordinance No. 6927 be
passed, approved and published as required by law. Roll call resulted as
follows: Aye: Blankenship, Kearney,
Zapata, Buschkoetter, Hadley. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6927 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.
KEARNEY
COUNTRY CLUB MANAGER APPLICATION – SAMME KAREL
Moved by Zapata seconded by Blankenship to remove from the
table the Application for Corporate Manager of Samme S. Karel submitted by
KEARNEY COUNTRY CLUB, dba “Kearney Country Club” in connection with their Class
C-09051 Liquor License located at 2800 19th Avenue. Roll call resulted as follows: Aye: Blankenship,
Zapata, Buschkoetter, Hadley, Kearney. Nay:
None. Motion carried.
Samme Karel presented this matter to the Council. He has
been in the food and beverage business for about 14 years mostly in the private
club industry. He has been in the practice of serving alcohol and mixing
drinks in various capacities and has had experiences with customers and over
consumption. He has been involved with the T.I.P.S. Program, which is an
education program available through local law enforcement that trains food and
beverage staff in how to detect when someone has had too much to drink and
identifying false ID’s, etc.
Moved by Blankenship seconded by Kearney to approve the Application for
Corporate Manager of Samme S. Karel submitted by KEARNEY COUNTRY CLUB, dba
“Kearney Country Club” in connection with their Class C-09051 Liquor License
located at 2800 19th
Avenue. Roll call
resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Kearney, Zapata. Nay: None. Motion
carried.
ORDINANCE
NO. 6925 – AMEND FIREWORKS CHAPTER
Moved by Kearney
seconded by Buschkoetter to remove from the table Ordinance No. 6925 amending
the fireworks chapter of the Kearney City Code. Roll call resulted as
follows: Aye: Blankenship, Hadley, Kearney, Zapata, Buschkoetter. Nay: None. Motion carried.
Assistant City Manager John Prescott presented this matter
to the Council. Following the presentation of this item at the last Council
meeting, City Administration placed an on-line poll on the City website which
allowed participants to offer their suggestion on the number of days they would
like to see the City allow the discharge and sale of fireworks. The City also
placed a slide on Channel 7 informing the public that they could go to the web
site and indicate their preference. As of 5:00 p.m. on Thursday 126 votes had been recorded and were cast as follows:
0 days 7 votes
2 days 5 votes
4 days 66 votes
6 days 11 votes
8 days 37 votes
The City also received one letter from a citizen requesting
that the City reduce the number of days the fireworks are sold and discharged.
A copy of the letter was presented to the Council.
Fire Chief Mike Martinosky addressed the Council. He stated
that last June, shooting fireworks was a very big decision because of the
concern with the drought and the district that they cover. KVFP covers 252
square miles in Buffalo County. The fire department is made up of volunteers who are very
proud to do the job. However, he would like to help cut down the number of
days making calls, and then there would be more time to spend with family.
They will respect the Council members’ decision on whatever action is taken.
Mayor Blankenship expressed the Council’s appreciation for
the job the Volunteer Fire Department does for the community. He asked the
Fire Chief if he was aware of any of the other cities across Nebraska that are looking to limit the
number of days for fireworks at this point? Fire Chief responded that he was
not aware of any.
Councilman Hadley asked for the number of fireworks related
calls in proportion to total calls for the year. Fire Chief responded there
were three firework related calls in 2000, three calls in 2001. In 2002, there
were 16 calls due to the dry conditions and there have been 214 year to date,
which is less than ten percent of the total calls.
Mike Miller addressed the Council. He represents Marv’s
Discount Fireworks and himself as the manager. He shares his concerns about
fire calls each year relating to fireworks and conducts a poll and communicates
with fire department members during the season. His impression from his own
informal discussions last year was that the number of calls was not unusual
given the nature of the drought conditions. The other issue was many times
cigarettes are causes of grass fires as opposed to fireworks and sometimes that
distinction is not made.
He suggested that rather than changing the amendments this
year, to consider changing the way the public is educated about fireworks. His
experience is the fireworks season is a favorite holiday and important to many.
A lot of people’s buying habits depend on traveling. The buying habits of the
public are fairly well established over the years. For example, if a customer
buys fireworks on the first day, it might not be because he is going to shoot
them right away, but perhaps because they will be traveling. He believes that
the vendors have been remiss in educating the public about what the regulations
are. It would be very easy for them to post the hours that fireworks can be
discharged in the City of Kearney. It
would allow the people in the vending of fireworks to be more educated and able
to discuss these with their customers.
What he was asking the Council is not to change the
amendments, but change the way they address the community and ask them this
year what they want. Tell them that they are looking at the way people conduct
themselves: (1) here are the regulations, and (2) respect your neighbors. He
believes if they spend the next year communicating and look at it next year,
there will be some improvement in the attitude of the community as a whole in
terms of the conduct of the season. The other issue is the effect of limiting
the number days that they can offer the product. They think this will have an
impact on the amount of city sales tax that is generated in the community
during the season.
Marvin Koehler addressed the Council. He has been doing
business in Kearney since 1990 and the fee increase is
agreeable with him. They appreciate the fire department and all they do. He
emphasized that a non-profit organization may not have a staff for the eight
days. If they do not, then they do not have to be open for the entire time.
However, his is a business and he hires people to work in that business. He
believes that it would be difficult to hire the number of people that they
would need and for them to be able to run the number people through that they
serve in a shorter amount of time. He stated that Lincoln allows tents, which can move more
people through, but he does not personally agree with that. He requested to
leave it at eight days. He believes that people will go to the small
communities to buy because they will have less time to do so here. They will
be taking their sales tax dollars to other towns. They would be willing to put
the hours and regulations in their brochures, which are inserted into the
Kearney Hub as well as other newspapers. They would post signs at the
locations and would put flyers in their
assortments.
Maggie Konz, 10 years old, addressed the Council. She read
from a statement that she had prepared stating that she and her neighbors think
about safety when using fireworks. She suggested that kids could learn about
fireworks courtesy and safety from school, from fireworks vendors, from the
firemen and police. She believes prevention is the best policy. If safety is
practiced and people are courteous, it doesn’t matter how many days they have
to shoot fireworks. She requested as many days to shoot fireworks as possible
and to try prevention plans before narrowing down the number of days.
Mayor Blankenship said he has talked with Kearney Catholic,
which is a non-profit stand and some of the others about the inability to get
volunteers. They did not seem to be concerned about the number days, but the
business side is a different issue. He also visited with a couple of volunteer
firemen he has known for a long time and he respects their opinion about going
from eight days to four or eight days to six. If we do go to six days, and
find it becoming more dangerous then another decision could be made from
there. He also talked with Ken Tracy, and one of the most important things
that helped him make a decision is the relationship they have with the fire department.
They are all volunteers, giving of their time, and he has a lot of respect for
what they say.
Councilman Buschkoetter said he had some testimony similar
to Ms. Konz, from his daughter Danielle. He believed that cutting it to four
days is too much; he suggested that six days would be the number he could
support. He believed it would reduce the amount of fires, police calls and
response times.
Councilman Zapata agreed. If they leave it at eight days,
it would not be sending the right message. By cutting it to six days and doing
the awareness and education training, maybe the days could be extended if
things get better. He agreed with the six days being proposed.
Councilman Kearney stated that in the past he has been
disturbed late at night by fireworks and could easily agree to the four days.
He does remember as a kid how much fun they were, but he believed more care was
taken in those days.
Mayor Blankenship stated that no matter how many days are
allowed, there will always be some people that will abuse the rules and
regulations. He stated that the number of days seems to be the only point of
contention. He stated the education of the public is the responsibility of the
vendors and the City.
Councilman Hadley has a question on the shortening of the
hours. He wanted to know if 10:00 p.m. for
night works (other then things that just “go bang”) was late enough.
Councilman Buschkoetter stated it has been his experience lighting fireworks at
home in the evening that this should be acceptable. Councilman Hadley stated
the proposed six days has the advantage of always including a weekend. If they
go to four days, there would be two of the years with non-weekend days, which
for some people could make a difference in being with families and friends.
Assistant City Manager also thanked Mr. Koehler
and Mr. Miller for their education idea. The City intends to do this via the
city newsletter, the website and Channel 7 to get those hours out and encourage
people to use fireworks responsibly and safely.
Councilman Buschkoetter introduced Ordinance No. 6925, being
Subsection 3 of Agenda Item VI to amend Article 6, “Fireworks” of Chapter 4
“Fire Regulations” of the Code of the City of Kearney to amend Section 4-601
“Fireworks; Definitions” to amend the definition of permissible fireworks; to
amend Section 4-603, “Permit to Sell Permissible Fireworks” to increase the
permit fee to $50.00; to amend Section 4-604, “Dates of Lawful Sale” to change
the dates for sale to June 29 through July 4; to amend Section 4-605,
“Temporary Fireworks Stands” to require temporary stands remain on the real
estate for the period beginning June 25 through and including July 7 of each
year and to require the payment of an additional $100.00 deposit refundable if
the temporary stand is removed by July 7; to amend Section 4-609, “Discharging
Fireworks; When Permissible” to allow the discharging of fireworks on June 29
through July 2 from 8:00 a.m. until 10:00 p.m. and on July 3 and July 4 from
8:00 a.m. until 12:00 a.m. midnight; and to add a new section entitled Section
4-615, “Weather Hazard” to allow the City to ban or limit the sale and/or
discharge of fireworks in the event of dry weather or other weather hazards,
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. Councilman Hadley seconded
the motion to suspend the rules. President of the Council asked for discussion
or if anyone in the audience was interested in the ordinance. No one
responded. Clerk called the roll which resulted as follows: Aye: Blankenship,
Kearney, Zapata, Buschkoetter, Hadley.
Nay: None. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and
adopted. City Clerk read Ordinance No. 6925 by number. Roll call of those in
favor of the passage of said ordinance on the first reading resulted as
follows: Aye: Blankenship, Kearney, Zapata, Buschkoetter, Hadley. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Hadley seconded by Zapata that Ordinance No. 6925 be
passed, approved and published as required by law. Roll call resulted as
follows: Aye: Blankenship, Zapata, Buschkoetter, Hadley, Kearney. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6925 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. 6928 – VACATE BUILDING SETBACK IN NORTH ACRE FIFTH
The applicant is pursuing approval of a building setback
vacation for Lot 2, Block 2, North Acre 5th Addition. The
property is located at the southeast corner of the intersection of 60th Street and 4th Avenue and is zoned C-2/PD, Community Commercial, Planned
Development District.
The setback line in question is associated with the common
lot line that divides Lot 2 from Lot 3. The developer would like to develop a single
building that will be located across the setback line and on one lot and part
of the other lot. Therefore, the setback line must be vacated. There is no
need to establish a new setback line. The setback will default to the zoning
ordinance requirement. A Minor Subdivision has been approved for the lot in
question.
The Planning Commission recommended approval of the setback
vacation as requested.
Mitch Humphrey was present to answer any questions.
Councilman Zapata introduced Ordinance No. 6928, being
Subsection 4 of Agenda Item VI to vacate the 15-foot platted setback line
located east of the west line of Lot 2 of Block 2, North Acre Fifth Addition,
an 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. Councilman Blankenship seconded the motion to
suspend the rules. President of the Council asked for discussion or if anyone
in the audience was interested in the ordinance. No one responded. Clerk
called the roll which resulted as follows: Aye: Blankenship, Buschkoetter,
Hadley, Kearney, Zapata. 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. 6928 by number. Roll call of those in favor of the passage of
said ordinance on the first reading resulted as follows: Aye: Blankenship, Buschkoetter,
Hadley, Kearney, Zapata. Nay: None. Motion carried. Ordinance was read by
number.
Moved by Blankenship seconded by Kearney that Ordinance No. 6928 be passed,
approved and published as required by law. Roll call resulted as follows:
Aye: Blankenship, Buschkoetter, Hadley, Kearney, Zapata. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6928 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.
BICO’S CAFÉ
MANAGER APPLICATION – GARY ROUBICEK
Mayor Blankenship stated the applicant notified the City
that he would not be able to attend the meeting and requested the Application
for Corporate Manager of Gary Roubicek submitted by BICO’S INCORPORATED, dba “Bico’s
Café” in connection with their Class I54330 Liquor License located at 3016 West
Highway 30 be tabled until December 23, 2002.
Moved by Kearney seconded by Buschkoetter to table until
December 23, 2002 the Application for Corporate Manager of Gary Roubicek
submitted by BICO’S INCORPORATED, dba “Bico’s Café” in connection with their
Class I54330 Liquor License located at 3016 West Highway 30. Roll call
resulted as follows: Aye: Blankenship, Kearney, Zapata, Buschkoetter, Hadley. Nay: None. Motion carried.
OPEN ACCOUNT
CLAIMS -- NONE
There were no Open Account Claims.
VII. REPORTS
VIII. ADJOURN
Moved by Kearney
seconded by Buschkoetter that Council adjourn at 8:54 p.m. Roll call resulted as follows: Aye: Blankenship, Zapata, Buschkoetter,
Hadley, Kearney. Nay: None. Motion carried.
ATTEST BRUCE
BLANKENSHIP
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK