Kearney, Nebraska
September 27, 2005
7:00 p.m.
A meeting of the City Council of
Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on
September 27, 2005, in the Council Chambers at City Hall. Present were:
Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk;
Council Members Randy Buschkoetter, Stan Clouse, and Bruce Lear. Absent: Don
Kearney. Michael W. Morgan, City Manager; Michael Tye, City Attorney;
Amber Brown, Management Assistant; 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: Scott Johnson, Kathy Johnson, Jayne Meyer, Kirk Stocker, 2
students from UNK, Mike Konz from Kearney Hub, and Steve Altmaier from KGFW
Radio.
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
Mayor Hadley and Council members
held a moment of silent prayer.
PLEDGE OF ALLEGIANCE
Boy Scouts Dalton Gleason and
Zach Seton led the Council members and audience in the Pledge of Allegiance.
ORAL COMMUNICATIONS – BOARD
OPENINGS
Mayor Hadley announced that the City
still has openings on the following Boards: 2 on Advisory Board of Cable
Commissioners; 1 on Board of Adjustment; 1 Journeyman Plumber on the Examining
Board of Plumbers; and 1 on the Golf Advisory Board. Any person interested
needs to complete an Expression of Interest form which can by obtained by
contacting the City Clerk or on the City website at www.cityofkearney.org.
The City’s website also has a brief description of each Board so a person has an
idea what the expectations are for each Board.
ORAL COMMUNICATIONS – SALES TAX
ISSUE
Mayor Hadley stated that with the
sales tax issue being presented at a special election, the staff has prepared a
sheet on Questions and Answers that will be distributed throughout the
community. This Questions and Answers sheet will be sent out with the
utility bills. The following are the questions and answers:
WHAT IS BEING PROPOSED?
The citizens of Kearney are being
asked to consider authorizing an additional 1/2¢ sales tax for capital
improvements/equipment on November 15, 2005. If approved, the new tax
would go into effect April 1, 2006.
WHY IS IT NEEDED?
During the past few months a
comprehensive effort to gather citizen input regarding capital improvement
needs was completed. This effort included listening sessions, town hall
meetings, surveys, and suggestion cards. Based on this input, the City
Council decided that a sales tax election should be held as without new
revenues, the City won’t be able to continue its past high levels of services
and capital improvements and will continue to fall behind in maintaining our
infrastructure.
HOW MUCH MONEY WILL THE 1/2¢
SALES TAX RAISE?
We estimate it will bring in
approximately $2.7 million per year.
HOW LONG WILL THE TAX BE IN
PLACE?
The City Council has proposed
that the sales tax not expire.
WHAT ARE THOSE PURPOSES?
The sales tax proceeds would be
designated for capital improvements/equipment such as:
·
Street and Traffic Improvements (such as streets, bridges,
traffic signals, signage, sidewalks, curbs, etc.)
·
Public Facilities (such as library, activity center, senior
center, fire stations, indoor or outdoor recreation projects, ADA improvements,
etc.)
· For
some projects financed by the issuance of bonds a vote of Kearney citizens
would be required (according to state law).
·
Major Equipment (such as public safety equipment, street and park
equipment, etc.)
WOULD THE FUNDS BE PLACED IN A
SEPARATE FUND?
Yes, a sales tax fund would be
created with all the proceeds going into that fund. A listing of all
projects funded by the sales tax would be maintained. Sales tax funds
cannot be used for operating expenses.
WHO DECIDES HOW THE SALES TAXES
WILL BE SPENT?
The City Council would hold a
separate public hearing during the annual budget process to review and
prioritize potential capital improvements/equipment.
WHY A SALES TAX?
Sales taxes are generally
perceived as more fair because the sales tax is paid by both those who live in
Kearney and those who live outside but use local streets, facilities, and
services. It is estimated that 30% to 35% of Kearney sales taxes are paid
by non-residents, reducing the burden on our citizens.
WOULD CAPITAL IMPROVEMENT SALES
TAX FUNDS BE USED TO CONSTRUCT THE CHERRY AVENUE BYPASS?
No.
HOW DOES OUR SALES TAX COMPARE?
There are 16 cities in Nebraska
over 10,000 population. Kearney is the only one with a 1¢ sales
tax. All the others have a 1½ ¢ sales tax.
HOW DOES OUR PROPERTY TAX
COMPARE?
Kearney has the lowest
consolidated property tax of cities in Nebraska with over 10,000
population. The City’s portion of the consolidated property tax is 7.4%.
City Manager Michael Morgan
stated that the process will start by sending out a question/answer fact sheet
that will provide citizens with some good information with the utility bills in
the next few weeks. There will be a link on the City of Kearney’s website
which will connect to this document which is represented by a large question
mark on the City’s home page. Future town hall meetings will be scheduled
similar to what was done prior to coming to the decision of placing this issue
on the ballot. Those meetings will be scheduled in the coming weeks.
Council member Clouse stated if
there are groups that would be interested in having someone from the Council
come and speak to them, they are available. They would like to get back
to as many of those groups that held the listening sessions as possible, and
any other groups that would be curious about the sales tax proposal.
Mayor Hadley reiterated that the
Council is 100 percent behind this proposal and are basically spearheading it
at this time. They would appreciate any input. The Council’s hope is that
the citizens logically look at this issue and then make their decision on how
they are going to vote. He cautioned citizens not to make this an emotional
issue, but vote as logically as they can.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
LIQUOR LICENSE – THIRSTY’S #2, 115
TALMADE STREET
Mayor Hadley opened the 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 to consider approval of Resolution No.
2005-156.
According to Section
53-132(2) of the Nebraska Revised Statutes states: A retail license or
bottle club license shall be issued to any qualified applicant if it is found
by the Liquor Commission that:
1. the applicant is fit, willing, and able to properly
provide the service proposed within the city, village, or county where the
premises described in the application are located;
2. the applicant can conform to all provisions,
requirements, rules, and regulations provided for in the Nebraska Liquor
Control Act;
3. the applicant has demonstrated that the type of management
and control exercised over the licensed premises will be sufficient to insure
that the licensed business can conform to all provisions, requirements, rules,
and regulations provided for in the Nebraska Liquor Control Act, and
4. the issuance of the license is or will be required by
the present or future public convenience and necessity.
This is an application for
a new licensed establishment and new management. The business is newly
constructed and this would be an additional license for the community. A
background was investigation was conducted on the business itself as well as
the staff. The Johnson’s are opening a new convenience store at 112 Talmadge
Street and are requesting a license to sell liquor off sale from the business.
The Johnson’s have a current license at the Thirsty’s located at Highway 30 and
30th Avenue. They demonstrated a strong knowledge of the rules and
requirements for alcohol sales and demonstrated a willingness to work with the
department to avoid rules violations and sales to minors. The new license
is for a business currently under construction and due to be completed in
November of this year. A check on the current license at the existing Thirsty’s
shows no violations recorded with the Nebraska Liquor Commission in the last 12
months.
The City Council is
concerned with the selling of alcohol to minors in our community, and wants to
encourage all license holders to provide the necessary training to all
employees that sell or dispense alcohol. Therefore, City staff has developed a
form entitled “Liquor License Training Compliance” requiring applicants to
document and verify training compliance of their employees. Scott Johnson has
returned the form showing their employees have or will complete training
conducted by him. The form does not indicate what training program he has
received, whether it is from the Kearney Police Department or the Nebraska
State Patrol. He has noted that he does have individuals 19 and older that sell
alcohol over the counter which makes it more imperative that these individuals
have the proper training of selling alcohol to minors.
On September 23, 2005 the City
received two letters of protest from Keith Becker and Craig Becker with regard
to this liquor license. On September 26, 2005 the City received a letter of
protest from Bill and Kim Becker. These letters will be made a part of the
record and will be forwarded to the Nebraska Liquor Control Commission along
with a copy of the resolution.
Scott Johnson, proposed corporate
manager, presented this matter to the Council. This second location for
Thirsty’s is scheduled to be open in two months. They are building a
convenience store that he believed the City of Kearney will be proud of located
at the south interchange of I-80 and 2nd Avenue. This location will have
a gas facility and a Quizno’s sub-shop along with the convenience store.
They currently have a liquor license for their location on the west side of
town. They have successfully maintained that license for a little over seven
years. They are requesting the opportunity to sell beer and wine at their new
location because they believe it is important for their business.
Council member Buschkoetter asked
about their record regarding compliance on their liquor license over the past
seven years. Mr. Johnson responded they have not had any problems or
citations during that time.
Council member Clouse asked why
Mr. Johnson believed the need to sell alcohol in their convenience store and what
that does on a competitive basis with other like operations in the
community. Mr. Johnson replied that it is a service that most, but not
all convenience stores provide. They want to provide a variety in their
convenience store such as food, soft drinks and wine and beer, which he
believed is an important part of the service.
Mayor Hadley asked about training
of employees at the existing location and the one about to open. Mr.
Johnson stated that their cash registers are designed with scanners. In
their system, an alcohol sale prompts the cashier to check for an ID. The ID
information must be entered before it will ring up the sale. This still
allows for a margin of error, so their employees are trained to ask for a
picture ID and trained how to identify a license of someone under the age of 21
(they are turned 90 degrees). In addition, the employees are instructed
to check anyone that is under the age of 35-40 years old, regardless, even if
people get upset. Their policy is if a customer does not have ID, they
cannot sell to them. They also tell their employees if their business
gets a citation and a fine, that employee will also get a fine. They do
their best to train their employees.
Council member Lear asked Mr.
Johnson if he ever witnessed one of his employees selling to a minor and if
that were to happen how would he handle it? Mr. Johnson responded that he
has not witnessed an employees selling to a minor and if he did, they would be
reprimand and he would let that particular employee go. They have no
tolerance for it. Council member Lear asked how he would attempt to
support law enforcement if they found a minor attempting to purchase alcohol or
were suspected of trying to procure for a minor? Mr. Johnson replied that
they have cameras in the store. He has been cooperative with the police
before when they have requested to see their surveillance to check who has been
in their store. They would assist law enforcement in anyway they
can.
Council members stated that they
appreciated Thirsty’s record of compliance over the last seven years and wished
him well in their new endeavor. Mayor Hadley stated that he wanted the
minutes to reflect that the City received letters of protest from Keith Becker,
Craig Becker and Bill and Kim Becker.
Council member Clouse stated that
he wanted to discuss the seven points that the Mayor had mentioned
earlier. He said that the Council is already seeing some of these things
from the applicants for liquor licenses. Applicants are providing the
documentation forms. The Police Department is working more in depth with the
applicants, as they have with Mr. Johnson at this time. The letters of
protest are excellent and the Council does hear what is being said. The
Council is also taking some steps as a group to get it resolved and will
continue to do their part as the City.
Council member Lear agreed with
Council member Clouse and they have gotten some additional things in
place. He thanked Mayor Hadley for the personal work that he put into
this issue. He noted that it does not matter if this is the fiftieth or the
hundredth application; they need to treat everyone consistently and hold
everyone to a consistently high standard.
Council member Buschkoetter also
agreed. He said they could not possibly sit up on the Council and say we
are not going to give a liquor license to somebody or let them compete in a
very competitive industry just because they did not start soon enough.
They cannot expect someone to build a business in this community and not allow
them to compete on every level.
Mayor Hadley stated that there
has been some publicity lately. The Kearney Chamber of Commerce, United Way and
Buffalo County Community partners completed an application on behalf of Buffalo
County. The honor received by Buffalo County was “100 Best Communities
for Young People”, named in Newsweek and on the Today show as a
winner. Mayor Hadley further stated they can spend all of their time talking
about the problems in our community, but the community must be doing some
things right. There is no question about it that we can always do things
better. One of the things that we are getting this award for is helping
young people mature and grow up in a healthy community. We want to continue
to do our job better, but we also need to be aware of the fact that we are
doing a good job now and want to improve in the future. He offered his
congratulations to the Chamber of Commerce, the United Way and Buffalo
Community Partners. He especially wanted to acknowledge Buffalo County
because we are among 100 counties enhancing life for young people. He
wanted to make certain everyone knows that they are taking things seriously and
they are doing some appropriate things.
Council member Clouse stated
after attending some of the seminars with Mayor Hadley in the past several
months, he believes that prohibition is not necessarily the answer. Some
of the things that he believes need to be done are: 1) reducing alcohol through
addressing social access such as friends, parents, coworkers and siblings, 2)
compliance checks which we have turned up a notch and continue to have them, 3)
responsible beverage service training which is being offered through the Police
Department. The Council is making sure that all new applicants’ employees
have been trained. He believed that the City is taking the right steps to
address some of these issues, but it is not just a City problem. The
community must deal with it at home, with schools and churches. He stated
that the Council will do their part, but he believes that people have the right
as established by law to compete. People should be granted a license if
they meet the criteria of the law, but if they violate that right by selling to
minors that is where the Council steps in and takes the appropriate
action. When people like the Johnsons have demonstrated they will do the
right thing and manage their business appropriately than we must recommend
approval of their application.
Mayor Hadley stated he attended
the League of Municipalities meeting and got a chance to do the welcome.
Since he had the podium for a few minutes, he challenged the League to take
“underage drinking” on as a project. This not only affects Kearney but
every city in Nebraska. He challenged them to show the leadership
statewide to look at this problem. At that meeting, they had a panel on
“meth” and discussed the users and the suppliers. He believed that with
alcohol you cannot just look at the supplier, which is the alcohol industry.
They must educate the kids to understand that under age drinking is just not
appropriate for them.
Moved by Clouse seconded by Lear
to close the hearing and approve 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. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Buschkoetter.
Nay: None. Kearney absent. Motion carried.
RESOLUTION
NO. 2005-156
WHEREAS, TALMADGE CONVENIENCE PLAZA LLC, dba “Thirsty’s #2” has filed with the
Nebraska Liquor Control Commission and the City Clerk of the City of Kearney,
Nebraska, an application for a Class ‘D’ (Beer, Wine, Distilled Spirits – Off
Sale Only) Liquor License to do business at 112 Talmadge Street, Kearney,
Nebraska, and has paid all fees and done all things required by law as provided
in the Nebraska Liquor Control Act; and
WHEREAS, TALMADGE CONVENIENCE PLAZA LLC, dba “Thirsty’s #2” also filed with the
Nebraska Liquor Control Commission and the City Clerk of the City of Kearney,
Nebraska, an application for Corporate Manager of Scott Johnson; and
WHEREAS, a hearing was held relating to said application on September 27, 2005;
and
WHEREAS, the City received letters of protest which will be forwarded to the
Nebraska Liquor Control Commission along with a copy of this resolution.
NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City
of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor
Control Commission of the issuance of a Class ‘D’ (Beer, Wine, Distilled
Spirits – Off Sale Only) Liquor License to TALMADGE CONVENIENCE PLAZA LLC, dba
“Thirsty’s #2” located at 112 Talmadge Street, Kearney, Nebraska, and to
approve the application for Corporate Manager of Scott Johnson.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
OFFSTREET PARKING DISTRICT NO. 1 –
LEVY AND ASSESS TAXES AND ASSESSMENTS
Mayor Hadley opened the 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 to consider
approval Resolution No. 2005-157.
On December 23, 1969 the City
Council passed and approved a resolution that a plan be developed for the
improvement of public parking and public facilities in the downtown business
area and that it was necessary to provide a method for the establishment of
downtown improvement and parking districts.
Ordinance No. 2154, passed and
approved on June 24, 1970 (a) established a downtown improvement parking
district, (b) defined boundaries of the downtown improvement and parking
district, (c) an overall plan for improvements of the downtown district, (d) a
proposed budget for the planning and construction of such improvements, (e) the
initial rate of the general license and occupation tax and the basis upon which
license and occupation tax would be imposed, and (f) investigation of
additional sources of funds for said project.
Jayne Meyer, Chairman of the
Downtown Improvement Board, presented this matter to the Council. She stated
City staff and members of the Downtown Improvement Board have been working
together to become more efficient in regards to administration of the functions
of the Downtown Improvement Board. The group would like to eliminate the
general license and occupation tax currently in effect and fund Offstreet Parking
District No. 1 only with property taxes. Additionally, the group would
like to combine the responsibilities of the Kearney Downtown Centre Association
and the Downtown Improvement Board. The attached ordinance will eliminate
the general license and occupation tax and allow the Downtown Improvement Board
to spend property tax dollars on items that the Kearney Downtown Centre
Association previously paid for such as marketing and promotion expenses.
In accordance with the Nebraska
Revised Statutes, the City Council must conduct a hearing with regard to
Offstreet Parking District No. 1 for the purpose that any money available from
taxes or assessments levied or revenue derived from the operation of an
offstreet parking facility may be used in the district as outlined in the
attached ordinance.
There were no written protests
filed with the City Clerk. There was no one present in opposition to this
hearing.
Moved by Lear seconded by
Buschkoetter to close the 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. Roll call resulted
as follows: Aye: Hadley, Clouse, Buschkoetter, Lear. Nay: None. Kearney absent.
Motion carried.
RESOLUTION
NO. 2005-157
WHEREAS, in 1970 and in accordance with the Offstreet Parking District Act of
the Nebraska Revised Statutes, the City of Kearney created Offstreet Parking
District No. 1; and
WHEREAS, the City Council proposes to exercise its authority to levy and assess
taxes and assessments within the boundaries of Offstreet Parking District No. 1
as granted by Section 19-3315 of the Nebraska Revised Statutes; and
WHEREAS, the City Council conducted a public hearing on September 27, 2005 for
the purpose of hearing objections or protests to the approval of the proposes
new uses of district revenue.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF
KEARNEY, NEBRASKA, that the City Council shall have the authority to levy and
assess taxes and assessments within the boundaries of Offstreet Parking
District No. 1 as follows:
(1) A property tax within the district of not to exceed thirty-five cents (35¢)
on each one hundred dollars ($100.00) of taxable valuation of taxable property
within such district subject to Section 77-3443 of the Nebraska Revised
Statutes to pay all or any part of the cost to improve, repair, maintain,
reconstruct, operate, or acquire any offstreet parking facility and to pay
principal and interest on any bonds issued for an offstreet parking facility
for such district. Such tax shall be levied and collected at the same time and
under the same provisions as the regular general city tax. The taxes collected
from Offstreet Parking District No. 1 shall be used only for the benefit of
said District. For purposes of subsection (2) of Section 77-3443 of the
Nebraska Revised Statutes, the tax shall be counted in the allocation by the
City proportionately, by dividing the total taxable valuation of the taxable
property within the district by the total taxable valuation of the taxable
property within the City multiplied by the levy of the district;
(2) A special assessment against the real property located within the
boundaries of Offstreet Parking District No. 1 to the extent of the special
benefit thereto for the purpose of paying all or any part of the total costs
and expenses of acquisition, including construction, of an offstreet parking
facility in such district. The special assessment shall be levied as provided
in Section 19-3314 of the Nebraska Revised Statutes. In the event that
subsequent to the levy of assessments the use of any parcel of land changes so
that, had the new use existed at the time of making such levy, the assessment
on such parcel would have been higher than the assessment actually made, an
additional assessment may be made on such parcel by the Mayor and City Council
taking into consideration the new and changed use of the property. The total
amount of assessments levied under this subdivision shall not exceed the total
costs and expenses of acquiring a facility defined in Section 19-3313 of the
Nebraska Revised Statutes. The levy of an additional assessment shall not
reduce or affect in any manner the assessments previously levied. Additional
assessments shall be levied as provided in Section 19-3314 of the Nebraska
Revised Statutes, except that published notice may be omitted if notice is
personally served on the owner at least twenty (20) days prior to the date of
hearing. All assessments levied under this subdivision shall constitute a
sinking fund for the payment of principal and interest on bonds issued for such
facility as provided by Section 19-3317 of the Nebraska Revised Statutes until
such bonds and interest are fully paid; and
(3) A special assessment against the real property located within Offstreet
Parking District No. 1 to the extent of special benefit thereto for the purpose
of paying all or any part of the costs of maintenance, repair, and
reconstruction of such offstreet parking facility in the District. The Mayor
and City Council may levy such assessments under either of the following
methods: (a) The Mayor and City Council may, not more frequently than annually,
determine the costs of maintenance, repair, and reconstruction of such facility
and such costs shall be assessed to the real property located in such district
as provided by Section 19-3314 of the Nebraska Revised Statutes. At the hearing
on such assessments, objections may be made to the total costs and the proposed
allocation of such costs among the parcels of real property in said District;
or (b) after notice is given to the owners as provided in Section 19-3314, the
Mayor and City Council may establish and may change from time to time the percentage
of such costs of maintenance, repair, and reconstruction which each parcel of
real property in the District shall pay. Thereafter, the Mayor and City Council
shall annually determine the total amount of such costs for each period since
costs were last assessed and shall after a hearing assess such costs to the
real property in the District in accordance with the percentages previously
established or as established at such hearing. Notice of such hearing shall be
given as provided in Section 19-3314 and shall state the total cost and
percentage to be assessed to each parcel of real property. Unless written
objections are filed with the City Clerk at least five (5) days before the
hearing, all objections to the amount of total costs and the assessment percentages
shall be deemed to have been waived and assessments shall be levied as stated
in such notice unless the Mayor and City Council reduce any assessment. At such
hearing, the assessment percentage for the assessment of costs in the future
may be changed.
BE IT FURTHER RESOLVED that in addition to uses otherwise authorized in the
Offstreet Parking District Act, 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 (1) 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.
PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
IV. CONSENT AGENDA
Moved by Buschkoetter seconded by
Hadley that Subsections 1 through 18 of Consent Agenda Item IV be approved.
Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse. Nay:
None. Kearney absent. Motion carried.
1.
Approve Minutes of Regular Meeting held September 13, 2005.
2.
Approve the following Claims: 3M Company $989.80 smcs; Ace Hardware $194.52
smcs; Ace Irrigation $361.14 smcs; Advance Auto Parts $106.80 smcs; Advanced
Floor Care $225.00 smcs; Aervoe $723.90 smcs; Alamar Uniforms $1,302.56
smcs,ps; Al-Jon $44.21 smcs; Alltel $646.21 smcs; Amazon $173.11 smcs,co; Amer
Airworks $276.75 smcs; Amer Electric $543.33 smcs; Amer Fence $6,850.00 smcs;
Andersen Wrecking $20.00 smcs; Anderson Industrial $59.34 smcs; Antelope Newspaper
$120.76 smcs; Arrow Seed $351.50 smcs; Ask Supply $575.00 smcs; Atco
Manufacturing $152.84 smcs; Auto Glass $72.26 smcs; Baird, Holm, McEachen
$1,175.00 smcs; Baker & Taylor $4,858.55 smcs; Baye,S $66.02 smcs; BBC
Audiobooks $177.79 smcs; BBW Environmental $190.00 smcs; Becker,G $26.00 smcs;
Best Lock $260.25 smcs; Big Flag Farm $4,840.60 smcs; Bill's Trailer $105.00
smcs; Blackburn Mfg $180.41 smcs; Bluecross Blueshield $41,080.02 smcs; Bobs
Super Store $36.00 smcs; Bogard,M $15.50 smcs; Bohlmann $47.85 smcs; Bosselman
$35,070.81 smcs; Broadfoot's $2,117.00 smcs; Brungardt Engineering $1,300.00
co; Buffalo Co Extension $4,000.00 smcs; Buffalo Co Reg of Deeds $200.00 co;
Buffalo Co Sheriff $41.50 smcs; Buffalo Co Treasurer $15,000.00 smcs; Buggies Unlimited
$224.98 smcs; Buggy Bath Car Wash $8.00 smcs; Builders Warehouse $2,414.92
smcs,co; Byco $23.22 smcs; Cabela's $183.09 smcs; Cadex Electronix $135.00
smcs; Capital Media Group $837.90 smcs; Capstone Press $1,524.20 smcs; Cash Wa
Distributing $444.17 smcs; Centaur $111.80 smcs; Central Fire $3,858.57 smcs;
Central Hydraulic $416.27 smcs; Central NE Equipment $120.16 smcs; Central
Platte NRD $7,759.00 co; Centurion Technologies $4.27 smcs; Chesterman $549.50
smcs; Child's World $1,027.10 smcs; City Auto Repair $100.00 smcs; City of Ky
$79,527.42 smcs,ps; Class 1 Hale $174.19 smcs; College Savings Plan of NE
$50.00 ps; Colorado RT $35.00 smcs; Complete Music $220.00 smcs; Computer
Hardware $89.95 co; Conner,D $35.00 smcs; Construction Rental $1,565.37 smcs;
Cook,J $235.00 smcs; Copycat Printing $2.24 smcs; Creating Keepsakes $19.45
smcs; Crossroads Ford $696.03 smcs; Culligan $72.52 smcs; Cummins Central Power
$311.19 smcs; D&M Security $54.00 smcs; Dannehl's Feed $54.40 smcs; Davis
Equipment $15.78 smcs; Dawson Co PPD $30,032.99 smcs; Days Inn $317.94 smcs;
Dell $8,852.18 smcs,co; Demco $1,967.39 co; Dept of Aeronautics $1,016.22 ds;
Dept of Environmental $7,500.00 smcs; Deterding's $676.39 smcs; Dethlefs,S
$2,734.45 smcs; Development Council $3,450.00 smcs; Diamond Vogel $207.41 smcs;
Divotech Golf $735.87 smcs; Dreyer,D $139.69 smcs; Dugan Business Forms $466.21
smcs; Dultmeier $314.87 smcs; Dutton-Lainson $121.55 smcs; Eakes $4,647.83
smcs,co; Earl May $24.99 smcs; Edmo Distributors $56.77 smcs; Electrotechnic
$105.45 smcs; Elliott Equipment $253.51 smcs; Elliott,R $15.50 smcs; Enslow
Publishers $435.85 smcs; Eustis Body Shop $65.00 smcs; Expression Wear $102.00
smcs; Fairbanks $69,189.04 smcs,co; Farmland Coop $37.73 smcs; Farmers Union
$1,412.68 smcs; Fastenal $663.32 smcs; Fedex $128.52 smcs; Fiddelke Heating
$4,124.96 smcs,co; Firehouse Subscriptions $60.50 smcs; Focus Parking $55.00
smcs; Footjoy $158.72 smcs; Freburg,N $184.62 ps; Frederick,M $25.00 smcs;
Frontier $7,810.10 smcs; Frontierair $671.90 smcs; Galls $66.85 smcs; Gangwish
Turf $48.30 smcs; Garrett Tires $5,323.34 smcs; Gary's I-80 $420.00 smcs; Gas N
Shop $18.99 smcs; Gaylord Brothers $1,990.75 co; Glacken & Assoc $530.00
smcs; Glazier,R $21.89 smcs; Golf Associates $2,291.79 smcs; Goodwill $30.00
smcs; Gordon's Small Engine $46.08 smcs; Graham Tire $63.10 smcs; Grainger
$1,401.31 smcs,co; Grand Central $47.80 smcs; Great American Outdoor $41.03
smcs; Great Plains Safety $1,080.00 smcs; H&H Distributing $701.10 smcs;
Hach $334.30 smcs; Hampton Inns $134.40 smcs; Harrison,R $266.68 smcs;
Hasbrouck,J $80.69 smcs; Heartland Marketing $546.18 smcs; Heavy Duty
Specialists $18.29 smcs; Highsmith $390.61 smcs,co; Hobby-Lobby $19.02 smcs;
Holiday Inn $447.36 smcs; Holmes Plumbing $1,637.26 smcs,co; Howdys2 $25.74
smcs; HP Parts $81.13 smcs; Huffy's Airport Windsocks $157.85 smcs; I-80
Eppley Express $262.65 smcs; IBM Training $2,495.00 smcs; ICMA RC $2,401.46 ps;
ILEETA $40.00 smcs; Inland Truck Parts $164.62 smcs; Intermtn Therapy Animals
$64.00 smcs; IRS $84,698.63 ps; Int'l Assoc of Electrical $90.00 smcs; Int’l
Assoc of Fire Chiefs $1,980.00 smcs; Int’l Code Council $100.00 smcs; Intuit
$91.53 smcs; Itronix $562.78 co; Jack Lederman $22.80 smcs; Johnstone Supply
$159.95 smcs; Junior Library Guild $2,341.80 smcs; K&K Parts $936.00
smcs,co; Ky Chamber of Comm $21,391.56 smcs; Ky Clinic $1,615.00 smcs,ps; Ky
Concrete $20,929.47 smcs,co; Ky Crete $736.00 co; Ky Glass $53.95 smcs; Ky Hub
$5,620.38 smcs,co; Ky Imaging Center $145.00 smcs; Ky Implement $2,480.68 smcs;
Ky Shoe Hospital $20.00 smcs; Ky Towing $110.00 smcs; Ky Warehouse $1,733.13
smcs; Ky WLE $1,192.22 smcs; Ky Yamaha $112.75 smcs; Killion Motors $233.11
smcs; Kirkham Michael $7,280.17 co; Koeing,C $27.00 smcs; Koetters,J $14.81
smcs; Kooyman,R $462.39 smcs; Laser Art Design $437.00 smcs,ps; Laughlin,K
$360.00 ps; LARM $76.00 smcs; League of NE Municipalities $2,176.00 smcs; LECC
Fund $90.00 smcs; Lerner Publishing $705.92 smcs; Library Sparks $39.95 smcs;
Lift Solutions $41.06 smcs; Lincoln Scheels $64.18 co; Linweld $144.94 smcs;
Little Caesars Pizza $130.50 smcs; Lock & Safe $7.75 smcs; Lockmobile $8.25
smcs; Logan Contractors $104.75 smcs; Luke & Jakes $63.42 smcs; Luke,D
$15.50 smcs; Magic Cleaning $3,550.00 smcs; Maines Electric $1,554.58 smcs;
Mak,B $23.00 smcs; Marlatt Machine $976.80 smcs; Mattley Advertising $275.00
smcs; McMaster-Carr $763.17 smcs; Med/Profess. Seminars $155.00 smcs; Menards
$2,163.24 smcs,co; MES $337.25 smcs; Michael Todd $897.50 smcs; Mid-Land
Equipment $102.15 smcs; Mid-State Engineering $9,270.00 co; Mid-State Units
$300.00 smcs; Midwest Service $2,310.00 smcs; Midwest Striping $250.00 smcs;
Midwest Turf $628.58 smcs; Miller & Associates $19,939.21 smcs; Miller
Signs $552.00 smcs; Mircrotel Inn $93.64 smcs; Moonlight Embroidery $701.00 ps;
Moorehead Electric $300.00 smcs; Morris Press $25.00 smcs; Mosbarger,B $512.39
smcs; Mr. Automotive $2,819.46 smcs; Municipal Pipe $2,450.27 smcs; Municipal
Supply $158.79 smcs; Napa $1,249.32 smcs; Nat’l Fire Sprinkler $198.00 smcs;
Nat’l Paper Supply $151.70 smcs; Nat’l Recreation $495.00 smcs; NWWA $659.00
smcs; NCS Equipment $139.06 co; NE Child Support $1,123.32 ps; NE Dept of
Revenue $57,666.09 smcs; NE Golf & Turf $2,546.89 co; NE Golf Association
$832.00 smcs; NE Library Commission $2,500.00 smcs; NE Liquor Control $45.00
smcs; NE Machinery $1,777.79 smcs; NE Rural Water Assoc $185.00 smcs; NE State
Historic $114.73 smcs; NE State Patrol $66.00 smcs; NE Statewide Arboretum
$125.00 smcs; NE Wine & Spirits $86.28 smcs; NEland Distributors $308.00
smcs; Newman Signs $254.41 smcs; Nogg Chemical $295.57 smcs; Norm's Plumbing
$160.00 smcs; Northwestern Energy $1,356.98 smcs; Office Depot $760.74 smcs;
Office Max $1,217.69 smcs,co; Office Net $171.69 smcs; Olsson Associates $3,600.00
smcs; Omaha Tractor $50.59 smcs; O'Reilly $355.32 smcs; Orscheln $400.32 smcs;
Pappas Telecasting $375.00 smcs; Paramount $325.21 smcs; Paul A. Otto Curb
Grinding $108.00 co; Pennwell Books $50.00 smcs; PEP $51.10 smcs; Picture
Window Books $1,474.30 smcs; Pitney Bowes $450.00 smcs; Pizza Hut $53.18 smcs;
Platte Valley Comm $5,704.69 smcs,co; Point Clark Networks $220.00 co; Presto-X
$50.00 smcs; Price's Tree Service $3,810.00 smcs; Professional Network
$9,662.00 co; QT Total $20.01 smcs; Quality Books $643.54 smcs; Random House
$349.20 smcs; Ready Mixed Concrete $4,643.89 smcs,co; Reams Sprinkler $448.64
smcs; Recognition Unlimited $21.40 smcs; Recorded Books $127.50 smcs; Regional
Books $1,580.01 smcs; Resource Management $1,029.60 smcs; Riverside Animal
Hospital $3,324.51 smcs; Road Builders $2,078.61 smcs; Ross, Schroeder &
George $3,565.75 smcs; Rossell,C $485.00 smcs; Rourke Publishing $2,159.50
smcs; Rylind Industries $110.00 smcs; SA Foster Lumber $28.99 smcs;
Safety-Kleen $227.90 smcs; Sahling Kenworth $3,544.58 smcs; Schwan's $683.24
smcs; See Clear Cleaning $1,900.00 smcs; Sensus Metering $176.00 smcs; S-F
Analytical Laboratories $674.00 smcs; Shell Oil $23.00 smcs; Sherwin Industries
$351.96 smcs; Sherwin Williams $464.46 smcs,co; Simmons Gun Specialties
$1,608.44 smcs; Solid Rock $867.00 smcs; Sorkness,C $150.00 smcs; St. Lukes's
Good Sam $19,032.00 smcs; Steinbrink's $5,481.18 smcs,co; Sterling Distributing
$174.86 smcs; Suburban Fire Protection $17,835.51 smcs; Super 8 Motels $290.30
smcs; Super Shine Auto $9.00 smcs; Superior Signals $47.25 smcs; Target $71.25
smcs; Team Effort $186.60 smcs; Techstreet $138.00 smcs; TerraScan $7,052.00
smcs; Thomas,P $13.00 smcs; Thompson West $684.49 smcs; Thompson,L $60.00 smcs;
Thomson Gale $751.15 smcs; Thrifty Car Rental $13,800.00 co; Tielke Enterprise
$151.04 smcs; Tiger Direct.com $2,261.51 co; Titleist $122.69 smcs;
Tractor-Supply $427.90 smcs; Tri-City Outdoor $287.48 smcs; Turner Body Shop
$90.00 smcs; U Stop $20.00 co; United Distillers $545.33 smcs; United
Laboratories $307.03 smcs; United Seeds $635.53 smcs; UNK $60.00 smcs; UNK
Human Resources $1,000.00 smcs; UPS $216.48 smcs; Urbanek,G $262.00 smcs;
U-Save Foods $255.01 smcs; USPS $44.80 smcs; Van Diest $1,444.45 smcs; Vessco
$128.67 smcs; Video Service $208.77 smcs; Wagon Wheel $21.01 smcs; Wal-Mart
$4,648.45 smcs,co; Washington State Support $102.00 ps; We Care Tree Care
$370.00 smcs; Weathercraft $192.54 smcs; Weiderspan,R $36.45 smcs; Wellman,P
$12.78 smcs; Whalen,J $107.72 smcs; Wicks Sterling $68.12 smcs; Wiederspan,R
$39.69 smcs; Wilke Donovans $257.93 smcs,co; Winning Edge $31.35 smcs; WPCI
$342.50 ps; Xerox $45.83 co; Yanda's Music $5,294.00 co; Yellow Van $372.00
smcs; Yockey,A $115.00 smcs; Young,M $222.00 smcs; Zimmerman Printers $121.00
smcs; Payroll Ending 9-17-2005 -- $260,629.11. 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 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.
RESOLUTION NO.
2005-158
WHEREAS, a new program was initiated by the Nebraska Department of Roads to
encourage Nebraska communities to prepare Long Range Transportation Plans as a
component of the comprehensive planning; and
WHEREAS, the City entered into an agreement on April 22, 2003 with Olsson
Associates to conduct the first phase of the project which included the
following:
- A state-of-the-art computerized
traffic model (TransCAD);
- A Long Range Transportation
Plan with recommended improvements prioritized for the short, mid, and
long range time frames;
- A transportation and land use
plan that are compatible with the City and the Nebraska Department of
Roads Geographic Information Systems (GIS);
- Final project report and
Transportation Chapter to be incorporated into re referenced in the City’s
Comprehensive Plan document; and
WHEREAS, the City finds that it would be advantageous to enter into a
Supplemental Agreement to the Letter Agreement with Olsson Associates to
provide the additional work as follows:
- Conduct a field review to
document additional turn-lane needs and possible phasing eliminations;
- Analysis of turning volumes and
cross-product calculations to develop an Alternative Network;
- Develop traffic signal timing
plans based on the new land configurations and traffic signal phases;
- Cost savings calculations to
show benefits of the Alternative Network; and
- Report documentation (text,
tables and figures) of the additional tasks.
NOW, THEREFORE, 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 Supplemental Agreement to the Letter Agreement for Professional
Services for the City of Kearney Comprehensive Plan Assistance Program between
the City of Kearney and Olsson Associates, a copy marked “Exhibit A” is
attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
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.
RESOLUTION
NO. 2005-159
WHEREAS,
Blessing, LLC has performed services in connection with 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 the City's engineer, Miller &
Associates, have filed with the City Clerk Change Order No. 1 showing a
decrease in the amount of $15,259.52 as shown on Exhibit “A” attached hereto
and made a part hereof by reference; and
WHEREAS,
Blessing, LLC and the City's engineer, Miller & Associates, have filed with
the City Clerk Application and Certificate for Payment No. 5-Final in the
amount of $2,999.98 as shown on Exhibit “B” attached hereto and made a part
hereof by reference and as follows:
|
Original Contract Sum
|
$188,558.50
|
|
Change Order No. 1 (9-27-2005)
|
-
15,259.52
|
|
Contract Sum To Date
|
173,298.98
|
|
Gross Amount Due
|
173,298.98
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
173,298.98
|
|
Less Previous Certificates for
Payment
|
170,299.00
|
|
Current Payment Due
|
$
2,999.98
|
WHEREAS, the Engineer and Contractor have now certified to the City Clerk that
work is completed as of June 28, 2005, as shown by Exhibit “C” attached hereto
and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as
shown on Exhibit “A”, Application and Certificate of Payment No. 5-Final as
shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on
Exhibit “C” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
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.
RESOLUTION
NO. 2005-160
WHEREAS,
Paulsen, Inc. has performed services in connection with 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 the City's engineer, Ross Engineering, have filed with the City Clerk
Change Order No. 4 showing a decrease in the amount of $562.70 as shown on
Exhibit “A” attached hereto and made a part hereof by reference; and
WHEREAS, Paulsen,
Inc. and Ross Engineering have filed with the City Clerk Application and
Certificate for Payment No. 3 in the amount of $42,290.58 as shown on Exhibit
“B” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$458,425.70
|
|
Change
Order No. 1 (10-12-2004)
|
+ 11,752.00
|
|
Change
Order No. 2 (10-12-2004)
|
+ 13,147.10
|
|
Change
Order No. 3 (12-14-2004)
|
+
6,924.90
|
|
Change
Order No. 4 (9-27-2005)
|
-
562.70
|
|
Contract Sum To Date
|
$489,687.00
|
|
Gross Amount Due
|
489,687.00
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
489,687.00
|
|
Less Previous Certificates for
Payment
|
447,396.42
|
|
Current Payment Due
|
$ 42,290.58
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 4, as
shown on Exhibit “A”, and Application and Certificate for Payment No. 3, as
shown on Exhibit “B” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
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.
RESOLUTION
NO. 2005-161
WHEREAS,
Paulsen, Inc. has performed services in connection with the 2004 Part VI
Improvements consisting of Paving Improvement District No. 2005-899 for
11th Street from 1st Avenue to 7th Avenue, and the City's engineer, Miller
& Associates, have filed with the City Clerk Change Order No. 1 showing an
increase in the amount of $9,820.00 as shown on Exhibit “A” attached hereto and
made a part hereof by reference:
|
Original Contract Sum
|
$1,036,342.20
|
|
Change Order No. 1 (9-27-2005)
|
+
9,820.00
|
|
Contract Sum To Date
|
$1,046,162.20
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as
shown on Exhibit “A”, be and is hereby accepted and approved.
PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
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.
RESOLUTION
NO. 2005-162
WHEREAS,
Midlands Contracting, Inc. has performed services in connection with 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 the
City's engineer, Miller & Associates, have filed with the City Clerk
Application and Certificate for Payment No. 2 in the amount of $83,191.41 as
shown on Exhibit “A” attached hereto and made a part hereof by reference and as
follows:
|
Original Contract Sum
|
$225,161.00
|
|
|
|
|
Contract Sum To Date
|
225,161.00
|
|
Gross Amount Due
|
225,360.00
|
|
Retainage
|
22,536.00
|
|
Amount Due to Date
|
202,824.00
|
|
Less Previous Certificates for
Payment
|
119,632.59
|
|
Current Payment Due
|
$ 83,191.41
|
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. 2, as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
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.
RESOLUTION
NO. 2005-163
WHEREAS,
Blessing LLC has performed services in connection with 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 the City's engineer, Miller & Associates,
have filed with the City Clerk Application and Certificate for Payment No. 1 in
the amount of $102,799.89 as shown on Exhibit “A” attached hereto and made a
part hereof by reference and as follows:
|
Original Contract Sum
|
$331,965.00
|
|
|
|
|
Contract Sum To Date
|
331,965.00
|
|
Gross Amount Due
|
114,222.10
|
|
Retainage
|
11,422.21
|
|
Amount Due to Date
|
102,799.89
|
|
Less Previous Certificates for
Payment
|
.00
|
|
Current Payment Due
|
$102,799.89
|
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. 1, as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
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.
RESOLUTION
NO. 2005-164
WHEREAS,
Midlands Contracting, Inc. has performed services in connection with 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, 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, and the City's engineer, Miller & Associates, have filed
with the City Clerk Application and Certificate for Payment No. 4 in the amount
of $32,228.99 as shown on Exhibit “A” attached hereto and made a part hereof by
reference and as follows:
|
Original Contract Sum
|
$928,987.00
|
|
Change
Order No. 1 (4-26-2005)
|
- 219,141.86
|
|
Change
Order No. 2 (7-12-2005)
|
+119,889.00
|
|
|
|
|
Contract Sum To Date
|
829,734.14
|
|
Gross Amount Due
|
803,194.83
|
|
Retainage
|
40,159.74
|
|
Amount Due to Date
|
763,035.09
|
|
Less Previous Certificates for
Payment
|
730,806.10
|
|
Current Payment Due
|
$ 32,228.99
|
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 is hereby
accepted and approved.
PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
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.
RESOLUTION
NO. 2005-165
WHEREAS, Kayton
Electric, Inc. has performed services in connection with the 2005 Part VII
Improvements consisting of the installation of a traffic signal at the
intersection of 27th Street and Avenue N, and the City's engineer, Miller &
Associates, have filed with the City Clerk Change Order No. 1 showing an
increase in the amount of $1,656.00 as shown on Exhibit “A” attached hereto and
made a part hereof by reference:
|
Original Contract Sum
|
$85,277.00
|
|
Change Order No. 1 (9-27-2005)
|
+ 1,656.00
|
|
Contract Sum To Date
|
$86,933.00
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as
shown on Exhibit “A”, be and is hereby accepted and approved.
PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
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.
RESOLUTION NO.
2005-166
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 Agreement and
Permit for Aeronautical Services at the Kearney Municipal Airport, on behalf of
the City of Kearney, with Buffalo Air Service, LLC, a copy of the Agreement,
marked Exhibit “1”, is attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
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.
RESOLUTION
NO. 2005-167
WHEREAS,
Sorensen Group, Inc. has performed services in connection with the construction
of the Cottonmill Park Marina Building, and the City's engineer, The Clark
Enersen Partners, have filed with the City Clerk Change Order No. 1 showing an
increase in the amount of $10,849.39 as shown on Exhibit “A” attached hereto
and made a part hereof by reference:
|
Original Contract Sum
|
$152,758.00
|
|
Change Order No. 1 (9-27-2005)
|
+ 10,849.39
|
|
Contract Sum To Date
|
$163,607.39
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as
shown on Exhibit “A”, be and is hereby accepted and approved.
PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
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.
RESOLUTION
NO. 2005-168
WHEREAS,
Paulsen, Inc. has performed services in connection with 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 the City's engineer, Miller
& Associates, have filed with the City Clerk Application and Certificate
for Payment No. 1 in the amount of $126,248.85 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$292,727.25
|
|
|
|
|
Contract Sum To Date
|
292,727.25
|
|
Gross Amount Due
|
140,276.50
|
|
Retainage
|
14,027.65
|
|
Amount Due to Date
|
126,248.85
|
|
Less Previous Certificates for
Payment
|
.00
|
|
Current Payment Due
|
$126,248.85
|
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 27TH DAY OF SEPTEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
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.
RESOLUTION
NO. 2005-169
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that
the agreement entitled “Developer Constructed Infrastructure Agreement” for
Marianne Hunt 2nd Addition to the City of Kearney, Buffalo County, Nebraska be
and is hereby accepted and approved. A copy of said Agreement marked Exhibit 1
is attached hereto, negotiated by and between the City of Kearney and Brad
Henning of Nebraska National Bank and James Hunt to construct public
improvements in accordance with the Kearney City Code.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the same agreement on behalf of the City of
Kearney.
PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
V. CONSENT AGENDA
ORDINANCES
ORDINANCE NO. 7215 – AMEND ARTICLE
19 “DOWNTOWN IMPROVEMENT AN PARKING DISTRICT” AMENDMENTS
Council Member Hadley introduced
Ordinance No. 7215, being Subsection 1 of Agenda Item V to 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”, 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,
Buschkoetter. Nay: None. Kearney 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. 7215 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, Buschkoetter. Nay: None.
Kearney absent. Motion carried. Ordinance was read by number.
Moved by Clouse seconded by Lear
that Ordinance No. 7215 be passed, approved and published as required by law.
Roll call resulted as follows: Aye: Hadley, Clouse, Buschkoetter, Lear.
Nay: None. Kearney absent. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7215 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. 7216 – REPEAL
ORDINANCE NO. 7201 AND RE-CREATE SEWER DISTRICT NO. 2005-485A
At the August 23, 2005 Council
meeting, the Council approved Ordinance Nos. 7201 and 7202 creating Sewer
District No. 2005-485 and Water District No. 2005-542 for 4th Avenue from 44th
Street north a distance of 734.2± feet. When the Register of Deeds proceeded to
record these ordinances, it was determined there was an error in the legal
descriptions. Therefore, Ordinance Nos. 7215 and 7216 repeals Ordinance
Nos. 7201 and 7202 and corrects the legal description.
Council Member Hadley introduced
Ordinance No. 7216, being Subsection 2 of Agenda Item V to 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, 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, Buschkoetter. Nay:
None. Kearney 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. 7216 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, Buschkoetter. Nay: None. Kearney absent. Motion carried.
Ordinance was read by number.
Moved by Clouse seconded by Lear
that Ordinance No. 7216 be passed, approved and published as required by law.
Roll call resulted as follows: Aye: Hadley, Clouse, Buschkoetter, Lear.
Nay: None. Kearney absent. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7216 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. 7217 – REPEAL
ORDINANCE NO. 7202 AND RE-CREATE WATER DISTRICT NO. 2005-542A
At the August 23, 2005 Council
meeting, the Council approved Ordinance Nos. 7201 and 7202 creating Sewer
District No. 2005-485 and Water District No. 2005-542 for 4th Avenue from 44th
Street north a distance of 734.2± feet. When the Register of Deeds proceeded to
record these ordinances, it was determined there was an error in the legal
descriptions. Therefore, Ordinance Nos. 7215 and 7216 repeals Ordinance
Nos. 7201 and 7202 and corrects the legal description.
Council Member Hadley introduced
Ordinance No. 7217, being Subsection 3 of Agenda Item V to 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, 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, Buschkoetter. Nay:
None. Kearney 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. 7217 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, Buschkoetter. Nay: None. Kearney absent. Motion carried.
Ordinance was read by number.
Moved by Clouse seconded by Lear
that Ordinance No. 7217 be passed, approved and published as required by law.
Roll call resulted as follows: Aye: Hadley, Clouse, Buschkoetter, Lear.
Nay: None. Kearney absent. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7217 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.
VI. REGULAR AGENDA
OPEN ACCOUNT CLAIMS; NEBRASKA PUBLIC
POWER DISTRICT - $84,957.56; FREMONT NATIONAL BANK - $36,920.91
Moved by Lear seconded by
Buschkoetter that the Open Account Claim in the amount of $84,957.56 payable to
Nebraska Public Power District be allowed. Roll call resulted as follows: Aye:
Hadley, Lear, Buschkoetter. Nay: None. Clouse abstained. Kearney absent. Motion
carried.
Moved by Buschkoetter seconded by
Hadley that the Open Account Claim in the amount of $36,920.91 payable to
Fremont National Bank be allowed. Roll call resulted as follows: Aye: Hadley,
Buschkoetter, Clouse. Nay: None. Lear abstained. Kearney absent. Motion
carried.
EXECUTIVE SESSION
Moved by Hadley seconded by
Clouse that Council adjourn into executive session at 7:28 p.m. on September
27, 2005 for the protection of the public interest and specifically for the
discussion of legal and personnel matters. Roll call resulted as follows: Aye:
Hadley, Clouse, Buschkoetter, Lear. Nay: None. Kearney absent. Motion carried.
Moved by Hadley seconded by
Clouse that Council reconvene in regular session at 8:33 p.m. on September 27,
2005. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse.
Nay: None. Kearney absent. Motion carried.
VII. REPORTS
None.
VIII. ADJOURN
Moved by Hadley seconded by
Clouse that Council adjourn at 8:34 p.m. Roll call resulted as follows: Aye:
Hadley, Buschkoetter, Lear, Clouse. Nay: None. Kearney absent. Motion carried.
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK