03-27-2012 Packet Mobile

Transcription

KEARNEY CITY COUNCIL
AGENDA
City Council Chambers, 18 East 22nd Street
March 27, 2012
7:00 p.m.
I ROUTINE BUSINESS
1.
Invocation by Pastor Marvin Valdois, 56th Street Baptist Church.
2.
Pledge of Allegiance.
3.
Announcement on Open Meetings Act.
4.
Roll call.
5.
Oral Communication - Recognition of visitors.
II UNFINISHED BUSINESS
None.
III PUBLIC HEARINGS
1.
Postponed until April 10, 2012. Conduct a public hearing on the Applications submitted
by Buffalo Surveying Corp. (Applicant) for Starostka Group Unlimited, Inc. (Owner) as
follows: (1) vacate Lots 1 through 5 of Block 3, all of Avenue L as it abuts Lot 5 of Block 3,
all of that part of 66th Street Place as it abuts Lots 1 through 5 of Block 3, and all that part
of 66th Street Place as it abuts part of Avenue L, all in Bel Air Second Addition, together
with Lot 5 of Block 2 and all that part of 66th Street Place as it abuts said Lot 5 of Block 2,
all in Bel Air Fourth Addition and consider Ordinance No. 7706; and (2) an amendment to
the Land Use Map of the City of Kearney Comprehensive Development Plan from Low
Density Residential to Medium Density Residential for property described as Lots 1
through 5 inclusive of Block Three (to be vacated), Bel Air Second Addition, an addition to
the City of Kearney, Buffalo County, Nebraska and part of 66th Street Place, a street in
the City of Kearney, and part of Avenue L, a street in the City of Kearney (west of the
intersection of Avenue N and 66th Street) and consider Resolution No. 2012-33.
2.
Postponed until April 10, 2012. Conduct a public hearing on the Application submitted
by Buffalo Surveying Corp. (Applicant) for Starostka Group Unlimited, Inc. (Owner) to
rezone from District R-1, Urban Residential Single-Family District (Low Density) to District
R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District property
described as Lots 1 through 5 inclusive of Block 3 (to be vacated), Bel Air Second
Addition, an addition to the City of Kearney, Buffalo County, Nebraska and part of 66th
Street Place, a street in the City of Kearney, and part of Avenue L, a street in the City of
Kearney (west of the intersection of Avenue N and 66th Street) and consider Ordinance
No. 7707.
March 27, 2012
Page 2
3.
by Buffalo Surveying Corp. (Applicant) for Starostka Group Unlimited, Inc. (Owner) for the
Final Plat and Subdivision Agreement for Starostka View Addition, an addition to the City
of Kearney, Buffalo County, Nebraska for property described as Lots 1 through 5 inclusive
of Block 3, all of Avenue L, a street in the City of Kearney as it abuts said Lot 5 of Block 3
on the east, all that part of 66th Street Place, a street in the City of Kearney as it abuts
said Lots 1 through 5 inclusive of Block 3, and all that part of 66th Street Place, a street in
the City of Kearney as it abuts the aforedescribed part of Avenue L on the north, all in Bel
Air Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska;
TOGETHER WITH Lot 5 of Block 2, and all that part of 66th Street Place, a street in the
City of Kearney as it abuts said Lot 5 of Block 2 on the north, all in Bel Air Fourth Addition,
an addition to the City of Kearney, Buffalo County, Nebraska (said lots and streets to be
vacated) (west of the intersection of Avenue N and 66th Street) and consider Resolution
No. 2012-34.
4.
by Brungardt Engineering (Applicant) for Starostka Group Unlimited, Inc. (Owner) for
Planned District Development Plan Approval for duplex development on property to be
zoned District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay
District for property described as proposed Lot 1 of Block 2, Starostka View Addition, an
addition to the City of Kearney, Buffalo County, Nebraska (66th Street Place and Avenue
L) and consider Resolution No. 2012-35.
5.
Conduct a public hearing on the Application for a Class D-97771 liquor license submitted
by KB & KS Investments, LLC, dba Qwest Fuel located at 414 2nd Avenue South,
consider the manager application for Tara Shaw and consider Resolution No. 2012-38.
6.
Conduct a public hearing on the automatic renewal of the liquor license held by STL of
Nebraska, Inc., dba Target Store T-0857 in connection with their Class DK-77550 liquor
license located at 4800 3rd Avenue and consider Resolution No. 2012-39.
7.
Conduct a public hearing for the proposed acquisition for a public utility easement of a
tract of land described as being the east ten feet of Lot 1, Ingalls Crossing Fifth Addition,
an addition to the City of Kearney, Buffalo County, Nebraska and to consider Resolution
No. 2012-40.
8.
Conduct a public hearing for the purpose of revising the City of Kearney Budget for the
2011-2012 Fiscal Year and consider Ordinance No. 7709.
9.
Conduct a public hearing for the proposed acquisition of a tract of land described as
being part of the Southwest Quarter of the Northeast Quarter of Section 29, Township 9
North, Range 15 West of the 6th P.M., Buffalo County, Nebraska to expand the Tech
oNE Crossing Data Park and to consider Resolution No. 2012-41.
IV CONSENT AGENDA *
1.
Approve Minutes of Regular Meeting held March 13, 2012.
March 27, 2012
Page 3
2.
Approve the Claims.
3.
Receive recommendations of Planning Commission and set April 10, 2012 at 7:00 p.m.
as date and time for hearing on those applications where applicable.
4.
Approve the request submitted by the Kearney Police Department/Buffalo County
Sheriff's Office to temporarily block off Avenue B from North Railroad Street to 21st Street
for the vehicle auction to be held on April 28, 2012 from 7:00 a.m. until 3:00 p.m.
5.
Adopt Resolution No. 2012-42 approving Change Order No. 3 showing an increase in
the amount of $12,884.50 submitted by Blessing LLC and approved by Alfred Benesch &
Company for the Kearney Regional Airport Terminal Parking Rehabilitation Project (AIP
Project No. 3-31-0045-23).
6.
Accept the bids received for the 2010 Part 4 Improvements; Yanney Park Parking Lot and
adopt Resolution No. 2012-43 awarding the bid to Blessing, LLC in the amount of
$201,091.00.
7.
Accept the bids received for the 2011 Part 14 Improvements; Avenue H Viaduct Repairs
and adopt Resolution No. 2012-44 awarding the bid to Wilke Contracting in the amount
of $53,620.00.
8.
Accept the bids received for the 2011 Part 9 Improvements consisting of Paving
Improvement District No. 2011-949 for 50th Street from 17th Avenue west to the west line
of Hoehner Estates Third Addition, Paving Improvement District No. 2011-950 for 17th
Avenue from 49th Street Place north 522.66± feet, Water Connection District No. 2011-1
and Sanitary Sewer Connection District No. 2011-1 in 50th Street from the east line of
17th Avenue west 627.11± feet and adopt Resolution No. 2012-45 awarding the bid to
Blessing, LLC in the amount of $662,615.50.
9.
Adopt Resolution No. 2012-46 allowing the City to expend funds on the 2011 Part 9
Improvements for the 50th Street and 17th Avenue paving and storm sewer project from
the proceeds of the Series 2012 Bond Anticipation Notes.
10. Adopt Resolution No. 2012-47 approving Change Order No. 2 showing an increase in
the amount of $6,311.00 submitted by Midlands Contracting Inc. and approved by Miller
& Associates for the 2011 Part 5 Improvements; Truck Washout Facility.
11. Adopt Resolution No. 2012-48 approving Change Order No. 2 showing a decrease in
the amount of $87,959.20, Application and Certificate for Payment No. 9-Final in the
amount of $34,939.03, and accept the Certificate of Substantial Completion submitted by
Paulsen, Inc. and approved by Miller & Associates for the 2010 Part 5 Improvements –
Bid B consisting of Paving Improvement District No. 2010-944 commencing at a point 250
feet east of 11th Avenue and from a point 250 feet west of 11th Avenue in and including
all of 56th Street, and commencing at the south line of 56th Street thence northerly to the
north line of Spruce Hollow Boulevard in and including all 11th Avenue, 57th Street Place,
59th Street, 61st Street, 61st Street Place, 62nd Street Place and Spruce Hollow
Boulevard.
March 27, 2012
Page 4
12. Adopt Resolution No. 2012-49 approving Amendment No. 1 to the Consultant
Agreement between the City of Kearney and Alfred Benesch & Company to include redesign, re-bid, construction observation and material testing for AIP Project No. 3-310045-27; Terminal Apron Sealcoat, Runway 13/31 Repairs and Airfield Marking at the
Kearney Regional Airport.
13. Approve the request to temporarily close on May 19, 2012 from 7:00 a.m. until 7:00 p.m.
the east and west sides of Central Avenue from 24th Street to 25th Street, the north side
of 24th Street from Central Avenue to Avenue A, and the “City Hall Parking Lot located
southwest of 23rd Street and Avenue A.
14. Approve the application for a Special Designated License submitted by Kearney
Investment Corp., dba Holiday Inn in connection with their Class CK-17964 catering
liquor license to dispense beer, wine and distilled spirits inside a tent in the parking lot
located north of the Museum of Nebraska Art and inside the Museum of Nebraska Art,
2401 Central Avenue on April 14, 2012 from 4:00 p.m. until 12:00 a.m. for a fund raiser.
15. Approve the application for a Special Designated License submitted by Night Life
Concepts, Inc., dba Cunningham's Journal in connection with their Class CK-59311
catering liquor license to dispense beer, wine and distilled spirits inside the Exhibit
Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on April 14, 2012
from 4:00 p.m. until 12:00 a.m. for a boxing event.
catering liquor license to dispense beer, wine and distilled spirits inside the Ag Pavilion
located at the Buffalo County Fairgrounds, 3807 Avenue N, on 21, 2012 from 4:00 p.m.
until 12:00 a.m. for a reception.
catering liquor license to dispense beer, wine and distilled spirits inside the Ag Pavilion
located at the Buffalo County Fairgrounds, 3807 Avenue N, on April 28, 2012 from 4:00
p.m. until 12:00 a.m. for a reception.
18. Approve the application for a Special Designated License submitted by Juan Lazo, dba El
Tropico in connection with their IBK-37623 catering liquor license to dispense beer and
distilled spirits in the Exhibit Building located at the Buffalo County Fairgrounds, 3807
Avenue N, on May 5, 2012 from 6:00 p.m. until 1:00 a.m. for a dance.
*
Any item listed on the Consent Agenda may, by the request of any single Council member, be
considered as a separate item under the Regular Agenda Section of the Agenda.
V CONSENT AGENDA ORDINANCES *
1.
Consider Ordinance No. 7710 providing for the issuance of a promissory note in the
amount of $1,700,000 for the payment of claims against the City relating to capital
expenditures for purchasing/improving data center real property; agreeing to pay the notes
and accrued interest from funds collected or to be collected upon current or subsequent tax
levy.
March 27, 2012
Page 5
2.
Adopt Ordinance No. 7711 creating Paving Improvement District No. 2012-951 for 13th
Street Place from 17th Avenue to its terminus in a cul-de-sac.
3.
Adopt Ordinance No. 7712 creating Water District No. 2012-563 in 13th Street Place from
17th Avenue to its terminus in a cul-de-sac.
4.
Adopt Ordinance No. 7713 creating Sanitary Sewer District No. 2012-503 in 13th Street
Place from 17th Avenue to its terminus in a cul-de-sac.
VI REGULAR AGENDA
1.
Consider the redevelopment project for Redevelopment Area #5 for an area described as
the south 49 feet of Lot 2, all of Lots 3, 4, 5, 6, 9, 10, and the south 49 feet of Lot 11, all in
Block 9, Kearney Land & Investment Company 2nd Addition to the City of Kearney,
Buffalo County, Nebraska, excepting therefrom the west 92 feet of Lot 7 and the west 92
feet of the south 30 feet of Lot 8, Block 9 thereof (2214 14th Avenue) and adopt
Resolution No. 2012-50.
2.
Open Account Claims: NPPD - $77,740.83, Stan Clouse - $162.18
VII REPORTS
VIII ADJOURN
Mayor Stanley Clouse
4907 Linden Drive Place
236-6193 home
238-5210 office
[email protected]
Vice-President Randy Buschkoetter
1110 13th Avenue
234-5553 home
698-8106 office
[email protected]
Council Member Don Kearney
701 Huron Drive
237-3225 home
238-2265 office
[email protected]
Council Member Bruce Lear
4803 Avenue L Place
234-5354 home
234-2424 office
[email protected]
Council Member Bob Lammers
8 Crestview Place
236-5273 home
234-2577 office
[email protected]
City Manager Michael Morgan
18 East 22nd Street
233-3214 office
[email protected]
A current agenda is on file at the Office of the City Clerk at City Hall, 18 East 22nd Street, Kearney,
Nebraska. For more information, call 233-3216 or visit our website at www.cityofkearney.org
COUNCIL AGENDA MEMO
ITEM NO. III - #1, 2, 3, 4
FROM:
Michaelle Trembly, City Clerk
MEETING:
March 27, 2012
SUBJECT:
Development of Starostka View Addition Located West of Avenue N and
66th Street
PRESENTER:
No Presenter
At the request of the developer, Public Hearings 1, 2, 3 and 4 have been postponed until April
10, 2012. Therefore, no action is necessary.
We provide services, solutions, and opportunities for our community.
COUNCIL AGENDA MEMO
ITEM NO. III - #5
FROM:
MEETING:
March 27, 2012
SUBJECT:
Qwest Fuel Liquor License and Manager Applications
PRESENTER:
Tara Shaw
Discussion:
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.
KB & KS Investments, LLC, dba Qwest Fuel has made application for a license to sell beer,
wine and distilled spirits located at its facility, 414 2nd Avenue South. As you may remember,
Qwest Fuel applied for and received a liquor license to sell beer only back in March of 2011.
The Police Department performed a background check on the applicants and the manager last
year and as of to date, no violations have occurred. In summary, they are requesting to expand
their liquor license in order to sell beer, wine and distilled spirits.
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. City staff developed a form entitled “Liquor License Training
Compliance” requiring applicants to document and verify training compliance of their
employees. Ms. Shaw has returned the attached form indicating she and her employees have
received training and the Certificates of Training have been filed.
Fiscal Note:
This would actually be an additional license to the community at this time and would
necessitate observation and attention; however, that would not be an undue burden.
ITEM NO. III - #5
Recommended Action:
The Council has the right and obligation to review applications for liquor licenses and manager
applications. The Council can only make a recommendation for approval or denial to the
Nebraska Liquor Commission, who will either deny or approve the licenses. It appears that
all of the paperwork has been submitted and training is in place.
The Council has the following alternatives:
Recommend approval to the Liquor Commission of the Liquor License and Manager
applications submitted by Qwest Fuel.
Recommend denial to the Liquor Commission of the Liquor License.
Conduct the public hearing and submit to the Liquor Commission with no
recommendation.
OPTION 1
APPROVE LICENSE
RESOLUTION NO. 2012-38
WHEREAS, KB & KS Investments, LLC, dba Qwest Fuel has filed with the Nebraska
Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an
application for a Class D-97771 (Beer, Wine, Distilled Spirits, Off Sale Only) Liquor
License to do business at 414 2nd Avenue South, Kearney, Nebraska, and has paid all
fees and done all things required by law as provided in the Nebraska Liquor Control Act;
and
WHEREAS, KB & KS Investments, LLC, dba Qwest Fuel also filed with the
Nebraska Liquor Control Commission and the City Clerk of the City of Kearney,
Nebraska, an application for Corporate Manager of Tara Shaw; and
WHEREAS, a hearing was held relating to said application on March 27, 2012 and
the cost of the published notice was $11.29.
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-97771 (Beer, Wine, Distilled Spirits,
Off Sale Only) Liquor License to KB & KS Investments, LLC, dba Qwest Fuel located at
414 2nd Avenue South, Kearney, Nebraska, and to approve the application for
Corporate Manager of Tara Shaw.
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 MARCH, 2012.
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK
STANLEY A. CLOUSE
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
OPTION 2
DENY LICENSE
WHEREAS, KB & KS Investments, LLC, dba Qwest Fuel has filed with the Nebraska
Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an
application for a Class D-97771 (Beer, Wine, Distilled Spirits, Off Sale Only) Liquor
License to do business at 414 2nd Avenue South, Kearney, Nebraska, and has paid all
fees and done all things required by law as provided in the Nebraska Liquor Control Act;
and
WHEREAS, KB & KS Investments, LLC, dba Qwest Fuel also filed with the
Nebraska Liquor Control Commission and the City Clerk of the City of Kearney,
Nebraska, an application for Corporate Manager of Tara Shaw; and
WHEREAS, a hearing was held relating to said application on March 27, 2012 and
the cost of the published notice was $11.29.
City of Kearney, Nebraska that the application submitted by KB & KS Investments, LLC,
dba Qwest Fuel be denied or recommend denial to the Nebraska Liquor Control
Commission for the issuance of a Class D-97771 (Beer, Wine, Distilled Spirits, Off Sale
Only) Liquor License located at 414 2nd Avenue South, Kearney, Nebraska for the
following reasons: (Council will have to list the reasons).
BE IT FURTHER RESOLVED the application for Corporate Manager of Tara Shaw
be and is hereby denied.
Council action denying or recommending denial of the issuance of said license in the
Minute Record of the proceedings of the Council.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
COUNCIL AGENDA MEMO
ITEM NO. III - #6
FROM:
MEETING:
March 27, 2012
SUBJECT:
Renewal of Liquor License for Target
PRESENTER:
Brent LeClair
Discussion:
The City Council directed City staff to develop a City Council Policy dealing with the
consideration of liquor licenses given concerns that City Council has with reference to
underage drinking and other liquor license violations within the City of Kearney. On March 22,
2011 the City Council adopted a nonbinding resolution that established general guidelines as
to when the Council would consider not recommending approval of a liquor license application
or denial of a special designated license.
On March 23, 2011 the attached letter was sent to all liquor license holders, with a copy of the
resolution setting forth the Council’s Policy, emphasizing the requirement of training and
submitting Certificates of Training of their employees. With the renewal process of Non-C
Class liquor licenses, on October 31 a second notice (attached) was sent to all Non-C Class
license holders reminding them to submit copies of their employees Certificates of Training to
the City no later than January 31. Finally, the City Attorney sent a final notice (attached) on
February 6 giving them until March 2 to submit the Certificates.
Target has held a liquor license since 1991. In reviewing the Nebraska Liquor Control
Commission’s web site, there have been no liquor violations. Even though Target has their
own in-house training program, their program has not been approved by the Nebraska Liquor
Control Commission. According to the City Council Policy, completed training is specifically
certified and approved by the Liquor Commission.
The City of Kearney has 90 liquor license holders. Out of those 90, two establishments have
not complied with the City Council’s Liquor License Policy. The larger establishments, such as
Walmart with approximately 120 employees and the Viaero Event Center with approximately
50 employees, have taken the training and Certificates of Training have been submitted. The
letters explain they have the option to take the training via the internet by going through the
Liquor Commission’s web site or by setting up an appointment through the Buffalo County
Community Partners.
In accordance with Section 53-134(6) of the Nebraska Revised Statutes, the local governing
body of any city with respect to licenses within its corporate limits shall have the power with
respect to retail licenses: to cancel or revoke on its own motion any license if, upon the same
notice and hearing, it determines that the licensee has violated any of the provisions of the act
ITEM NO. III - #6
or any valid and subsisting ordinance, resolution, rules or regulation duly enacted, adopted,
and promulgated relating to alcoholic liquor.
Fiscal Note:
There are no negative fiscal impacts on the City regarding these liquor licenses.
Recommended Action:
The Council has the right and obligation to review the renewal of liquor licenses. The Council
has the following alternatives:
Recommend cancelling or revoking the liquor license held by Target for the reason the
licensee has violated the provisions of Resolution No. 2011-28 requiring the applicant to
submit Certificates of Training for their employees.
Approve the renewal of the liquor license held by Target.
City Clerk’s Office
City of Kearney
18 East 22nd Street
P. O. Box 1180
Kearney, NE 68848-1180
TELEPHONE · (308) 233-3216
FAX · (308) 234-6399
E-MAIL · [email protected]
WEBSITE · www.cityofkearney.org
March 23, 2011
STL of Nebraska
Liquor License Department
1000 Nicollet Mall TPN-0910
Minneapolis, MN 55403
RE: City Council Policy on Liquor Licenses
The Kearney City Council directed City staff to develop a Policy dealing with the consideration
of liquor licenses given the concerns they have with reference to under age drinking and other
liquor license violations within the City of Kearney. The City Council at their meeting held on
March 22, 2011 approved Resolution No. 2011-28 establishing a policy for making
recommendations with reference to liquor licenses issued by the Nebraska Liquor Control
Commission for liquor retailers in the City of Kearney.
The intent of this Resolution is to establish an overall policy as to when the City Council will
consider not recommending the issuance or renewal of a liquor license to the Nebraska Liquor
Control Commission and what factors it deems appropriate to consider in denying an
application for a special designated license. Also, the intent of the policy is to encourage liquor
providers to seek out appropriate training for their employees. Resolution No. 2011-28 is
effective immediately and I have enclosed a copy, along with the Liquor License Guidelines,
for your files.
All applications for new liquor license and/or new manager will be required to complete the
Liquor License Training Compliance form that indicates they have completed training which is
specifically certified and approved by the Nebraska Liquor Commission or approved by the
Kearney Police Department. The license holder must provide certification of this training to the
City Clerk when submitting the Liquor License Training Compliance form.
With reference to an automatic renewal of a presently existing liquor license, the City Clerk will
notify the license holders that they must provide a copy of their Certification prior to the
automatic renewal of the liquor license. If Certification is not provided to the City Clerk, it shall
be the policy of the City Council to require that license holder to appear before the Council at a
public hearing to review the status of the license and its renewal.
With reference to the application for a new license/new manager or an automatic renewal of an
existing license, the City Council policy will be that if such license holder has been charged
and convicted of two or more charges of the sale of alcohol to a visibly intoxicated person or
March 23, 2011
Page 2
the sale of alcohol to a minor within the renewal period (one year) and/or has been charged
and convicted of three or more similar violations in the prior five years, City Council will not
recommend approval of said liquor license to the Nebraska Liquor Control Commission.
With reference to special designated licenses, if the license holder that is making application
for such a special designated license has had two or more violations of the law including the
sale of alcohol to a visibly intoxicated person and/or the sale of alcohol to a minor within one
calendar year (calendar year shall be defined as from January 1 to December 31 of a given
year) of the last issuance of its underlying liquor license or three or more such violations within
the last five years, it shall be the policy of the City Council to deny such application and to not
grant that license holder the ability to have a special designated license for the event
requested.
Also, as a requirement for applying for a special designated license, the City has developed a
supplemental form that must accompany the application for a special designated license. Both
the liquor licensee and the citizen requesting you make application must sign the supplemental
form. If the supplemental form is not attached to the application for a special designated
license, the application will not be placed before the City Council for determination. I have
enclosed a copy of the Supplemental Form for your use with any further applications from this
day forward for special designated licenses.
If you have any questions, please contact me at 233-3216.
Sincerely,
CITY OF KEARNEY
Michaelle E. Trembly, MMC
City Clerk
Enclosures
pc:
City Council
City Manager
City Attorney
City Clerk’s Office
City of Kearney
18 East 22nd Street
P. O. Box 1180
TELEPHONE · (308) 233-3216
FAX · (308) 234-6399
October 31, 2011
STL of Nebraska, Inc.
1000 Nicollet Mall, TPN-0910
RE: Renewal of Liquor License – Certificates of Training
As you may be aware, your liquor license will expire on April 30, 2012. On March 23, 2011, I notified all
liquor license holders that the City Council adopted a policy for making recommendations with
reference to liquor licenses issued by the Nebraska Liquor Control Commission for liquor retailers in the
City of Kearney. In that letter I explained the policy requires not only the manager, but all employees
must be certified in the handling and/or dispensing of alcohol and copies of the Certificates of Training
must be filed in my office. The training must be certified and approved by the Nebraska Liquor
Commission.
The annual process for renewal of your license will begin between January 10 and January 31. In
accordance with Section 53-135.01 of the Nebraska Revised Statutes, I shall publish in the paper
individual notice of the right of automatic renewal of each retail liquor license. This letter is a reminder
that you must provide copies of the Certificates of Training for each employee that handles and/or
dispenses alcohol. Copies of the Certificates of Training must be submitted to me no later than
January 31, 2012. This should give you sufficient notice to allow you and your employees to receive
the training that is required. You and your employees can take the training via the internet by going to
the Nebraska Liquor Control Commission’s web site at www.lcc.ne.gov and follow the instructions
under Training. The Buffalo County Community Partners also provides an excellent program, Training
for Intervention Procedures (TIPS), which is a 4-hour training course. You can contact the Buffalo
County Community Partners at 865-2283 to set a time for the training. If Training Certifications are not
provided to me by January 31, it shall be the policy of the City Council to require that license holder to
appear before the Council at a public hearing to review the status of the license and its renewal.
The City Council policy will be that if such license holder has been charged and convicted of two or
more charges of the sale of alcohol to a visibly intoxicated person or the sale of alcohol to a minor
within the renewal period (one year) and/or has been charged and convicted of three or more similar
violations in the prior five years, City Council will not recommend approval of said liquor license to the
Nebraska Liquor Control Commission.
Sincerely,
CITY OF KEARNEY
Michaelle E. Trembly, MMC
City Clerk
City Attorney’s Office
City of Kearney
1419 Central Avenue
P. O. Box 636
TELEPHONE · (308) 237-3155
FAX · (308) 236-7780
February 6, 2012
STL of Nebraska
Liquor License Department
1000 Nicollet Mall TPN-0910
RE: Renewal of Liquor License for Target in Kearney, Nebraska
The City Clerk sent two letters to you dated March 23, 2011 and again on October 31, 2011
explaining the City Council’s Liquor License Policy wherein the manager and all employees are to
be trained in the selling and dispensing of alcohol. You also received a copy of Resolution No.
2011-28 setting forth the policy. The October 31st letter was a reminder that you and your
employees had to have the training in place and copies of the Certificates of Training were to be
submitted to the City Clerk no later than January 31, 2012.
This letter is your final notice that if you do not submit the Certificates of Training for you and your
employees by March 2, 2012, the City Council will consider whether your license will be renewed.
If the Certificates of Training are not received by March 2, you will be required to appear before the
Council at a public hearing to review the status of the license and its renewal. The Certificate of
Course Completion is not the same as the Certificate of Training. The Certificate of Course
Completion must be submitted to the Liquor Commission, along with their fee, and they will issue a
Certificate of Training.
It is also the City Council’s policy that if such license holder has been charged and convicted of two
or more charges of the sale of alcohol to a visibly intoxicated person or the sale of alcohol to a
minor within the renewal period (one year) and/or has been charged and convicted of three or
more similar violations in the prior five years, City Council will not recommend approval of said
liquor license to the Nebraska Liquor Control Commission.
Sincerely,
CITY OF KEARNEY
Michael J. Tye
City Attorney
pc:
City Clerk
OPTION 1
CANCEL/REVOKE LICENSE
WHEREAS, STL of Nebraska, Inc., dba Target Store T-0857 holds a Class C liquor license
located at 4800 3rd Avenue, Kearney, Nebraska; and
WHEREAS, the Kearney City Council adopted Resolution No. 2011-28 establishing a Liquor
License Policy for making recommendations to the Nebraska Liquor Control Commission on
new licenses, renewal of licenses, and special designated licenses; and
WHEREAS, in accordance with Section 53-134(6) of the Nebraska Revised Statutes, the
local governing body of any city with respect to licenses within its corporate limits shall have the
power with respect to retail licenses: to cancel or revoke on its own motion any license if, upon
the same notice and hearing, it determines that the licensee has violated any of the provisions
of the act or any valid and subsisting ordinance, resolution, rules or regulation duly enacted,
adopted, and promulgated relating to alcoholic liquor; and
WHEREAS, after giving the license holder, STL of Nebraska, Inc., dba Target Store T-0857
three separate notifications to comply with the City Council Liquor License Policy, the license
holder has refused to comply; and
WHEREAS, a hearing was held on March 27, 2012 to allow the license holder an
opportunity to explain why they did not comply.
NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of
Kearney, Nebraska is recommending to the Nebraska Liquor Control Commission to cancel or
revoke the liquor license held by STL of Nebraska, Inc., dba Target Store T-0857 in connection
with their Class DK-77550 liquor license located at 4800 3rd Avenue for the reason they did not
comply with Resolution No. 2011-28 by providing copies of the Certificates of Training for their
employees.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the Council
action favoring the cancellation or revocation of said license in the Minute Record of the
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
OPTION 2
APPROVE LICENSE
WHEREAS, STL of Nebraska, Inc., dba Target Store T-0857 holds a Class C liquor
license located at 4800 3rd Avenue, Kearney, Nebraska; and
WHEREAS, a hearing was held relating to the renewal of their Class C liquor
license.
City of Kearney, Nebraska to approve the automatic renewal of the liquor license held
by STL of Nebraska, Inc., dba Target Store T-0857 in connection with their Class DK77550 liquor license located at 4800 3rd Avenue.
Council action favoring the renewal of said license in the Minute Record of the
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
COUNCIL AGENDA MEMO
ITEM NO. III - #7
FROM:
Michael Tye, City Attorney
MEETING:
March 27, 2012
SUBJECT:
Utility Easement from First State Bank of Riverdale
PRESENTER:
Michael Tye
Discussion:
Property was recently platted at Parklane Drive and 56th Street for the new location for the
State Bank of Riverdale. The property owner wishes to grant the City of Kearney a utility
easement for the building at this location and the attached utility easement has been prepared
for this purpose.
Fiscal Note:
The utility easement is being granted to the City at no cost.
Recommended Action:
City staff recommends approval of the utility easement.
WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in real
property by purchase or eminent domain to do so only after the City Council has
authorized the acquisition by action taken in a public meeting after notice and public
hearing; and
WHEREAS, the City Council has held a public hearing upon the proposed
acquisition for a public utility easement and voted in favor to proceed with the
acquisition; and
WHEREAS, State Bank of Riverdale has granted to the City of Kearney, Nebraska a
public utility easement for a tract of land being the east ten feet of Lot 1, Ingalls
Crossing Fifth Addition, an addition to the City of Kearney, Buffalo County, Nebraska.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the
City of Kearney, Nebraska that the public utility easement granted by State Bank of
Riverdale to the City of Kearney be and is hereby approved and accepted.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
COUNCIL AGENDA MEMO
ITEM NO. III - #8
FROM:
Wendell Wessels, Director of Finance
MEETING:
March 27, 2012
SUBJECT:
Amend the 2011-2012 City of Kearney Budget
PRESENTER:
Wendell Wessels
Discussion:
By law, the City may not expend more than the total budget of expenditures unless the
provisions of State Statute 13-511, R.R.S. 1943 are met. Due to unforeseen circumstances,
actual expenditures for the current fiscal year will exceed budgeted expenditures unless the
current fiscal year budget is supplemented. Under these circumstances, state law requires that
a public hearing be conducted to supplement the previously adopted budget and an ordinance
be passed authorizing the expenditure of the additional requirements.
An explanation of the budget adjustments for the two funds are as follows:
General: The budgeted expenditures in the General Fund need to be increased from
$18,941,005.56 to $20,641,005.56, or by $1,700,000.00. The increase is required to provide
funding for the purchase of a short-term promissory note issued by the City. The proceeds
from the purchase of the note by the General Fund will be placed in the Economic
Development Grant Fund. Funding to purchase the note by the General Fund will come from
the existing fund balance within the General Fund and will be repaid by the Special Sales Tax
Fund over the next five years.
Economic Development: The budgeted expenditures in the Economic Development Fund need
to be increased from $2,245,382.76 to $3,945,382.76, or by $1,700,000.00. The increase is
required to provide funding for the purchase of additional land for the Tech Park, to pay for the
costs associated with moving the NRD channel to the south end of the property, and to pay for
the costs of constructing a carrier hotel.
Fiscal Note:
No additional property taxes or other funding is required to fund these budget increases.
Recommended Action:
Administration recommends approval of the Revised Budget Statement and passage of the
appropriation ordinance.
ORDINANCE NO. 7709
AN ORDINANCE OF THE CITY OF KEARNEY, NEBRASKA TO ADOPT THE
REVISED BUDGET STATEMENT TO BE TERMED THE ANNUAL APPROPRIATION
BILL; TO APPROPRIATE SUMS FOR NECESSARY EXPENSES AND LIABILITIES;
TO REPEAL ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH:
AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY THE AUTHORITY
OF THE CITY COUNCIL AND EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
KEARNEY, NEBRASKA:
Section 1. That after complying with all procedures required by law, the revised
budget presented and set forth in the revised budget statement (Annual Operating
Budget and Program of Services for the fiscal year beginning October 1, 2011 through
September 30, 2012) is hereby approved as the Annual Appropriation Bill. All sums of
money contained in the revised budget statement are hereby appropriated for the
necessary expenses and liabilities of the City of Kearney. A copy of the revised budget
document shall be forwarded as provided by law to the Auditor of Public Accounts,
State Capitol, Lincoln, Nebraska, and to the County Clerk of Buffalo County, Nebraska,
for use by the levying authority.
Section 3. That all ordinances and resolutions in conflict herewith are hereby
repealed.
Section 2.
This Ordinance shall be in full force and effect from and after its
passage, approval and publication according to law and shall be published in pamphlet
form by the authority of the Mayor and Council.
INTRODUCED BY COUNCIL MEMBER ________________________
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
COUNCIL AGENDA MEMO
ITEM NO. III - #9
FROM:
Michael Tye, City Attorney
MEETING:
March 27, 2012
SUBJECT:
Purchase Additional 53 Acres Adjacent to Tech Park Property
PRESENTER:
Michael Tye
Discussion:
The City of Kearney has recently negotiated an option to purchase an additional 53 acres
adjacent to the Tech Park property that the City owns at the corner of 56th Street and Antelope
Avenue. In order to expand the amount of property available for potential development, City
staff would recommend exercising the option and providing authorization to proceed to
purchase and close on the acquisition of the additional 53 acres parcel of property. This
property will be purchased from Two Sisters, Inc. with a closing of the sale to occur on April 1,
2012 or at a time that is mutually acceptable to the parties.
With the purchase of this 53-acre parcel, the City would then own approximately 165 acres
which would be available for future development.
Fiscal Note:
The purchase price for this property is $1,200,150.00.
Recommended Action:
City staff recommends proceeding with the purchase this real estate.
WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in real
property by purchase or eminent domain to do so only after the City Council has
authorized the acquisitions by action taken in a public meeting after notice and public
hearing; and
WHEREAS, the City Council has held a public hearing upon the proposed
acquisition of an additional 53 acres for future expansion of a technology park and voted
in favor to proceed with the acquisition; and
WHEREAS, the City Council of the City of Kearney, Nebraska has determined the
necessity of acquiring fee simple title for future expansion of a technology park,
including any mortgage and leasehold interests on the following tract of property: a tract
of land located in part of the South Half of the Northwest Quarter, and part of the
Southwest Quarter of the Northeast Quarter of Section 29, Township 9 North, Range 15
West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows:
Beginning at the Southwest Corner of said Northwest Quarter and assuming the South
line of said Northwest Quarter as bearing N 89°50'18" E with all other bearings shown
hereon relative thereto; thence N 89°50'18" E on said South line a distance of 2639.28
feet to the Southeast Corner of said Northwest Quarter; thence N 89°50'18" E on the
South line of said Northeast Quarter a distance of 140.00 feet; thence N 00°37'00" W
leaving said South line and being parallel to the West line of said Northeast Quarter a
distance of 485.22 feet to the beginning of a tangent curve to the right having a central
angle of 51°47'39", a radius of 500.0 feet and an arc length of 451.99 feet; thence N
51°10'39" E tangent to said curve a distance of 350.10 feet to the beginning of a tangent
curve to the right having a central angle of 38°39'39", a radius of 447.00 feet and an arc
length of 301.62 feet; thence N 00°09'42" W perpendicular to the tangent of said curve a
distance of 104.00 feet to the North line of a Drainage Easement granted to Central
Platte Natural Resources District (CPNDR), recorded as Inst. 2002-8421 in the Office of
the Register of Deeds, Buffalo County, Nebraska; thence S 89°50'18" W on said North
line a distance of 544.28 feet to a point on the West line of said Northeast Quarter;
thence S 00°37'00" E on said West line a distance of 18.00 feet to the South line of a
tract of land deeded to the City Of Kearney, recorded as Inst. 2011-964 in the Office of
the Register of Deeds, Buffalo County, Nebraska; thence S 89°35'04" W on said South
line a distance of 43.17 feet; thence S 00°24'56" E on said South line perpendicular to
the previous course a distance of 2.00 feet; thence S 89°35'04" W on said South line
perpendicular to the previous course a distance of 15.10 feet to the beginning of a
tangent curve to the left having a central angle of 38°39'39", a radius of 552.0 feet and
Resolution No. 2012-41
Page 2
an arc length of 372.47 feet; thence S 50°55'25" W on said South line tangent to said
curve a distance of 47.51 feet; thence S 39°04'35" E on said South Line perpendicular
to the previous course a distance of 6.00 feet; thence S 50°55'25" W on said South line
perpendicular to the previous course a distance of 790.12 feet to the beginning of a
tangent curve to the right having a central angle of 18°36'23", a radius of 454.00 feet
and an arc length of 147.43 feet; thence N 20°28'12" W on said South line radially to
said previous curve a distance of 1.00 feet to the beginning of a curve to the right being
concentric with the previously described curve extended, having a central angle of
20°03'16", a radius of 453.00 feet, and an arc length of 158.56 feet; thence S 89°35'04"
W on said South line tangent to said curve a distance of 224.87 feet; thence S
00°24'56" E on said South line perpendicular to the previous course a distance of 7.00
feet; thence S 89°35'04" W on said South line perpendicular to the previous course a
distance of 1074.33 feet to the West line of said Northwest Quarter; thence S 00°34'56"
E on said West line a distance of 514.20 feet to the point of beginning, containing 53.34
acres, more or less, of which 0.39 acres are currently in use as County Road Right-ofWay along the West side, all in Buffalo County, Nebraska; and
WHEREAS, the City Council finds and determines that it is necessary for the public
health, safety and general interest and welfare of the citizens of Kearney that
possession of the property interest as described above be acquired as soon as possible
for future expansion of a technology park.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that:
1. The City Attorney and City Manager be, and hereby are, authorized on behalf
of the City to complete negotiations for possession of and fee simple title to the property
set forth above, together with the temporary construction easements; and
2. If the acquisition and possession of such property is not possible through
negotiations, the City Attorney be, and hereby is, directed to commence eminent
domain proceedings on behalf of the City of Kearney to obtain title, acquisition, and
possession of said property interest as soon as legally possible.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
Land Acquisition Proposal
Two Sisters Farms Property
56th Street
Two Sisters Farms
Two Sisters Farms
Two Sisters Farms
53.34 Acres
Abandon Well
(G-007872) to the
City of Kearney
Abandon &
Relocate Well
(G-007868)
Relocated Well
(G-007868)
Future C
herry Ave
nu
e Bypass
City of Kearney
112.69 Acres
Cherry Avenue
Antelope Avenue
NPPD
Kearney, Nebraska
March 13, 2012
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 March 13, 2012 in the Council Chambers at City Hall. Present
were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk;
Council Members Randy Buschkoetter, Don Kearney, Bruce Lear, and Bob Lammers.
Absent: None. Michael Morgan, City Manager; Michael Tye, City Attorney; Wendell
Wessels, Director of Finance; Suzanne Brodine, Assistant City Manager; Kirk Stocker,
Director of Utilities; Rod Wiederspan, Director of Public Works; Dan Lynch, Chief of
Police; and Lance Lang, City Planner were also present. Some of the citizens present in
the audience included: Mark Benjamin, Mike Kalb, Trenton Snow, Lee Pohlhemus, Vicki
Pohlhemus, Steve Altmaier from KGFW Radio, Kevin Hervert from Kearney Hub, NTV.
Notice of the meeting was given in advance thereof by publication in the Kearney Hub,
the designated method for giving notice, a copy of the proof of publication being
attached to these minutes. Advance notice of the meeting was also given to the City
Council and a copy of their acknowledgment or receipt of such notice is attached to
these minutes. Availability of the Agenda was communicated in the advance notice and
in the notice to the Mayor and City Council. All proceedings hereafter shown were
taken while the meeting was open to the attendance of the public.
I.
ROUTINE BUSINESS
INVOCATION
With the absence of a representative from the Kearney Ministerial Association, the
Council held a moment of silent prayer.
PLEDGE OF ALLEGIANCE
Three Boy Scouts from Troop 158 led the Council members and audience in the Pledge
of Allegiance.
ANNOUNCEMENT
Mayor Clouse announced that in accordance with Section 84-1412 of the Nebraska
Revised Statutes, a current copy of the Open Meetings Act is available for review and is
posted towards the back of the Council Chambers.
ORAL COMMUNICATIONS
There was no Oral Communications.
II.
UNFINISHED BUSINESS
There was no Unfinished Business.
March 13, 2012
Page 2
III.
PUBLIC HEARINGS
VACATE LOT 2, JOHNSON ESTATES (ORDINANCE NO. 7703) AND REZONE
PROPERTY LOCATED WEST OF 4510 COTTONMILL AVENUE (ORDINANCE NO.
7704)
Public Hearings 1 and 2 were discussed together but voted on separately.
Because of a conflict of interest, Council member Lear vacated his chair and abstained
from discussion and voting on this matter.
Mayor Clouse opened the public hearing on the Applications submitted by Trenton
Snow (Applicant) for Heber and Carrie Crockett (Owner) as follows: (1) to vacate Lot 2,
Johnson Estates, a subdivision being part of the West Half of the Southwest Quarter of
Section 29, Township 9 North, Range 16 West of the 6th P.M., Buffalo County,
Nebraska and consider Ordinance No. 7703; and (2) to rezone from District AG,
Agricultural District to District RR-1, Rural Residential District (Rural Standards)
property described as a tract of land being part of the Southwest Quarter of Section 29,
Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (west of
4510 Cottonmill Avenue) and consider Ordinance No. 7704. Planning Commission
recommended approval.
This project is located in the Two-Mile Extra-Territorial Jurisdiction on the west side of
Cottonmill Avenue north of 39th Street. The application is basically a “land swap”
between adjoining property owners. Due to the hilly topography of the site, one owner
needs a small triangle of additional land to accommodate his driveway for a proposed
rural residence. He is willing to give or sell property owner number two some of his land
in exchange for the land he is receiving. The project requires vacation of part of an
existing subdivision, rezoning a small parcel and approval of a preliminary and final plat.
Lot 2 of Johnson Estates, which will be referred to as the north property owner, is to be
vacated and a small triangle of land will be added to the west side that is currently
owned by the south property owner. The small triangle to be added consists of 0.93
acres and is also the property to be rezoned. A small corner of former Lot 2, Johnson
Estates is being traded to the south property owner in exchange for the 0.93 acre
triangle. The southwest corner of former Lot 2, Johnson Estates is to go to the south
property owner as a small triangle containing roughly 0.15 acres. The 0.93-acre triangle
and the property that was formerly Lot 2 of Johnson Estates minus the 0.15-acre
triangle will be combined to form the new one-lot subdivision to be known as Murray
Estates.
The north property that was formerly known as Lot 2, Johnson Estates is zoned RR-1,
Rural Residential (Rural Standards). Since the 0.93 acre triangle is to be added to this
property to form Murray Estates, the triangle needs to be rezoned from AG to RR-1.
The Preliminary and Final Plats for Murray Estates consist of one lot. The Preliminary
Plat was approved by Planning Commission on February 17, 2012. The lot is the
conglomeration of former Lot 2, Johnson Estates minus the 0.15-acre triangle plus the
March 13, 2012
Page 3
0.93-acre triangular piece and consists of a total of 8.49 acres. The property to the
south is larger than 10 acres so is not part of a subdivision.
In summary, the north property owner is giving or selling 0.15 acres to the south
property owner so that the driveway will work. The south property owner is giving or
selling 0.93 acres to the north property owner, which will be added to the existing
holdings of the north property owner. The resulting amount of land will be less than 10
acres (8.49), which must therefore be platted. The use of these lots is for rural
residences. They will be served by well and septic. No Public Works Plan is required.
No subdivision agreement is required.
Trenton Snow presented this matter to the Council. He stated Dr. Crockett needs a
triangular piece of ground that the Murray’s own in order to facilitate his driveway to the
house that he is planning to build. In exchange, he wants to swap a triangular shaped
piece of land for it located to the north of the Murrays. By doing that, the piece the
Murrays would own would be under ten acres so they have to vacate the lot in Johnson
Estates and recreate a new lot, called Lot 1, Murray Estates. Dr. Crockett’s piece will
still be over twenty acres so that does not require a subdivision. The new Lot 1, Murray
Estates was created and requires rezoning of that little piece they are adding to
Murray’s property that previously was owned by Dr. Crockett. This site is outside of the
City Limits, but is within the two mile radius jurisdiction. There is no City water or sewer
to the property, it is all private.
There was no one present in opposition to this hearing.
Moved by Kearney to close the public hearing and introduced Ordinance No. 7703 on
the Application to vacate Lot 2, Johnson Estates, a subdivision being part of the West
Half of the Southwest Quarter of Section 29, Township 9 North, Range 16 West of the
6th P.M., Buffalo County, Nebraska; and introduced Ordinance No. 7704 on the
Application to rezone from District AG, Agricultural District to District RR-1, Rural
Residential District (Rural Standards) property described as a tract of land being part of
the Southwest Quarter of Section 29, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska (west of 4510 Cottonmill Avenue) and moved that the
statutory rules requiring ordinances to be read by title on three different days be
suspended and said ordinances be considered for passage on the same day upon
reading by number only, and then placed on final passage and that the City Clerk be
permitted to call out the number of the ordinance on its first reading and then upon its
final passage. Council Member Lammers seconded the motion to close the hearing and
suspend the rules for Ordinance Nos. 7703 and 7704. President of the Council asked
for discussion or if anyone in the audience was interested in the ordinances. No one
responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lammers,
Kearney, Buschkoetter. Nay: None. Lear abstained. 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 Nos. 7703 and 7704 by number. Roll
call of those in favor of the passage of said ordinances on the first reading resulted as
follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear abstained.
Motion carried. Ordinances were read by number.
March 13, 2012
Page 4
Moved by Lammers seconded by Buschkoetter that Ordinance Nos. 7703 and 7704 be
passed, approved and published as required by law. Roll call resulted as follows: Aye:
Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear abstained. Motion carried.
By reason of the roll call voted on the first reading and final passage of the ordinances,
Ordinance Nos. 7703 and 7704 are 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.
FINAL PLAT FOR MURRAY ESTATES
Because of a conflict of interest, Council member Lear vacated his chair and abstained
from discussion and voting on this matter.
Mayor Clouse opened the public hearing on the Application submitted by Trenton Snow
(Applicant) for Heber and Carrie Crockett and Guy Murray and Heather Swanson
(Owner) for the Final Plat for Murray Estates, Buffalo County, Nebraska for property
described as a tract of land being part of the West Half of the Southwest Quarter of
Section 29, Township 9 North, Range 16 West of the 6th P.M., Buffalo County,
Nebraska (west of 4510 Cottonmill Avenue) and consider Resolution No. 2012-31.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Clouse to close the hearing and approve the
Application submitted by Trenton Snow (Applicant) for Heber and Carrie Crockett and
Guy Murray and Heather Swanson (Owner) for the Final Plat for Murray Estates, Buffalo
County, Nebraska for property described as a tract of land being part of the West Half of
the Southwest Quarter of Section 29, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska (west of 4510 Cottonmill Avenue) and adopt
Resolution No. 2012-31. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney,
Buschkoetter. Nay: None. Lear abstained. Motion carried.
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF
KEARNEY, NEBRASKA, that the plat of Murray Estates of Buffalo County, Nebraska for
a tract of land being part of the West Half of the Southwest Quarter and part of Lot 2
(now vacated), Johnson Estates, a subdivision being part of the West Half of the
Southwest Quarter of Section 29, Township 9 North, Range 16 West of the 6th P.M.,
Buffalo County, Nebraska, more particularly described as follows: referring to the
Northwest corner of the Southwest Quarter of said Section 29 and assuming the West
line of said Southwest Quarter as bearing S02°14’17”W and all bearings contained
herein are relative thereto; thence S02°14’17”W on the aforesaid West line a distance or
1131.87 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the
Northwest corner of Lot 1 in said Johnson Estates; thence continuing S02°14’17”W on
the aforesaid West line a distance of 488.77 feet; thence N70°46’E a distance of 178.9
feet to a point on the West line of said Lot 2 (now vacated); thence S19°13’20”E on the
March 13, 2012
Page 5
aforesaid West line a distance at 96.52 feet; thence S65°32’28”E a distance of 162.44
feet to a point on the South line of said Lot 2 (now vacated); thence N71°43’55”E on the
aforesaid South line a distance of 688.19 feet to the Southeast corner of said Lot 2 (now
vacated); thence N19°13’26”W on the East line of said Lot 2 (now vacated) a distance
of 248.11 feet to the Northeast corner of said Lot 2 (now vacated); thence N88°09’29”W
on the North line of said Lot 2 (now vacated) a distance of 209.97 feet; thence
N83°57’22”W continuing on the aforesaid North line a distance of 674.1 feet to the
Northwest corner of said Lot 2 (now vacated); thence N19°13’26”W on the West line of
said Lot 1 a distance of 64.0 feet to the place of beginning, all in Buffalo County,
Nebraska duly made out, acknowledged and certified, and the same hereby is approved
in accordance with the terms and requirements of Sections 16-901 through 16-904
inclusive, R.R.S. 1943 (as amended) be accepted and ordered filed and recorded in the
Office of the Register of Deeds, Buffalo County, Nebraska.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the final plat on behalf of the City of Kearney,
Nebraska.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
REZONING PROPERTY LOCATED AT 2214 14TH AVENUE
Mayor Clouse opened the public hearing on the Application submitted by BD
Construction (Applicant) and Loper Suites LLC (Owner) to rezone from District C-2,
Community Commercial District to District C-2/PD, Community Commercial/Planned
Development Overlay District property described as the south 49 feet of Lot 2, all of
Lots 3, 4, 5, 6, 9, 10, and the south 49 feet of Lot 11, all in Block 9, Kearney Land &
Investment Company 2nd Addition to the City of Kearney, Buffalo County, Nebraska,
excepting therefrom the west 92 feet of Lot 7 and the west 92 feet of the south 30 feet
of Lot 8, Block 9 thereof (2214 14th Avenue) and consider Ordinance No. 7705.
Planning Commission recommended approval subject to approval of the requested
deviations.
The applicant is requesting approval for a multi-family development south of the
University at 2214 14th Avenue. You may recall that this site was once home to a
mobile home park but was purchased several years ago and the mobile home park was
demolished with the intention of building apartments. The property has changed hands
several times and various development schemes have been presented to staff. None of
the ideas to develop apartments on this site have come to fruition until now.
Representatives from BD Construction have been working with City staff to come up
with a feasible multi-family layout for this site. The site is surrounded by streets on three
sides and an existing single family house sits on the southwest corner that is not part of
this property. There are overhead utilities on all three streets and the site is tight for
multi-family development. The applicants are therefore requesting several deviations
that will require a planned district overlay. Consequently, the site must be rezoned from
March 13, 2012
Page 6
C-2 to C-2/PD, Community Commercial/Planned Development Overlay District. Multifamily dwellings are an allowable use in C-2 zones.
The applicant has submitted a Development Plan package that includes the proposed
site layout, architectural building elevations and a landscape plan. The following
deviations are requested by the applicant:
1) A 15-foot deviation to the required 25-foot street yard along 15th Avenue
resulting in a requested street side yard of ten feet.
2) A 15-foot deviation to the required 25-foot side yard along the north property line
resulting in a requested side yard of ten feet.
3) A 10-foot deviation to the required 25-foot side yard along the south property line
common to the single-family lot at the southwest corner of the site, resulting in a
requested side yard of 15 feet.
4) A density deviation for one additional dwelling unit above the required maximum
density of 24 for a total of 25 units. Density was calculated by dividing the site
area of approximately 60,000 square feet by 2,500 square feet of site area per
dwelling unit (60,000/2,500 = 24). Part of the justification for this deviation is due
to the fact that the apartment buildings are designed to contain multiples of five
dwelling units.
5) Landscape yard deviation of ten feet from the required 20-foot wide landscape
yard along 15th Avenue.
An acceptable Landscape Plan has been submitted. Architectural elevations show 35
percent brick on the street facing facades as required by code.
Mark Benjamin, presented this matter to the Council for BD Construction. They are
proposing an apartment complex which will consist of five townhomes located to the
southeast of the property and twenty apartment units located to the west and northeast.
The center unit and the northeast unit are 2-story units and the apartment complex on
the southwest are single story. They spent a great deal of time and effort with City staff
in trying to get this plan accomplished. Their first thought was this was a very nice piece
of property to develop in a prime location and found that it was very difficult to
accomplish. They have changed the composition about a half dozen times. The current
plan can accommodate the on-street parking that is located on the northwest and to the
center of the eastern part of the property. It also includes a very nice landscaping plan
that will enhance that area.
He went on to explain the reasons for the deviations being requested. They wanted to
make sure they had ample green space and actually had setbacks on 15th Avenue that
were larger than on 14th Avenue. There are single family units on 14th Avenue and
multiple family across the street on 15th Avenue. They shifted the apartments to the
west so they could have a little more separation from the single family homes that
border 15th Avenue across the street. City Planner Lance Lang was very involved with
the landscape plan so they will have proper screening and large amounts of green
space.
March 13, 2012
Page 7
The single family unit consists of two bedrooms, single bath, kitchen, living room/dining
area. All appliances will be furnished including washer and dryer. All units will be nicely
finished and attractive. In an effort to try and enhance the area, the exterior will have
more brick than required by Code and all sides of each complex will be brick. Each unit
will have approximately 890 square feet. Most of the deviations were arrived at by
working with City staff and the developer is in agreement with all of them.
Council member Lammers wanted to know what kind of plantings they will have in the
green space. City Planner stated that he met with Mike Johnson from Johnson
Landscape on the site. Mr. Lang stated that one of his concerns was the overhead
utility lines on all three streets. Once they measured things at the site, they found there
is plenty of room to get back away from the street and still plant what is considered the
typical street trees like maples, oaks, lindens or other full canopy trees on all three
sides. He thought that maples were the kind of trees they decided on, but would have
to verify.
Mayor Clouse asked for an explanation between the C-2 and C-2/PD for those in
attendance. City Planner stated that each of the zoning districts can be required to have
an overlay applied to it which is the PD designation. One reason this is done is if the
property is in a very visible part of the community where the Council wants to make sure
that the project ends up with eye appeal. The PD can automatically be used based on
the zoning map. In other cases like this one, where they ran into a lot of challenges with
meeting the letter of the Code, the PD actually allows for the deviations to be negotiated
with the developer. They would not support the deviations in every case; an example
would be if they were doing an apartment project on 56th Street where it is all open land
with no constraints. He stated working together, they came up with the idea to use the
PD overlay to justify the deviations. This is a mixed neighborhood where there is light
industrial, rental property, owner occupied properties so they tried to fit this project into
the neighborhood the best way they could.
Lee Pohlhemus, 2215 14th Avenue, voiced his concern on off-street parking. He lives
directly across the street from the proposed site. He has no qualms about having an
apartment complex across the street. His biggest concern is the off-street parking for
the tenants of those units. The traffic flow is terrible in that area. Although he did not
believe this is going to increase it, he stated he would like to see adequate off-street
parking for the proposed facility or better enforcement of the parking code in that area.
Mr. Benjamin stated in accordance with City Code, 50 parking stalls are required for the
25 units and their plan meets that requirement.
Vicki Pohlhemus, 2215 14th Avenue, asked where guests of the tenants of the complex
are supposed to park. Mr. Benjamin stated as the developer, their responsibility is to
meet the parking Code requirements for the residents of the development.
Director of Public Works Rod Wiederspan stated that parking is currently allowed on
both sides of 14th Avenue. City Manager Michael Morgan stated that if there is a
problem in the future, the neighbors could petition regarding that issue. When street
parking has been banned in the past, the neighbors generally have come back and
asked for it to be rescinded in many cases. Director of Public Works stated since this
street is in close proximity to the University, it is a popular place for students to park and
March 13, 2012
Page 8
walk to class. He believed by taking parking off one side, it would just make them park
further into the neighborhood in front of existing residential homes. It is difficult to take
away parking in that area. There are no time restrictions on the parking at this time.
The Council members discussed the challenge that college students present with
parking in this area. Each unit is allowed two parking stalls, but some tenants might only
have one vehicle and open stalls could be used by others not in residence there. It is
very difficult to enforce tenants only.
Moved by Clouse to close the public hearing and introduced Ordinance No. 7705 on the
Application submitted by BD Construction (Applicant) and Loper Suites LLC (Owner) to
rezone from District C-2, Community Commercial District to District C-2/PD, Community
Commercial/Planned Development Overlay District property described as the south 49
feet of Lot 2, all of Lots 3, 4, 5, 6, 9, 10, and the south 49 feet of Lot 11, all in Block 9,
Kearney Land & Investment Company 2nd Addition to the City of Kearney, Buffalo
County, Nebraska, excepting therefrom the west 92 feet of Lot 7 and the west 92 feet of
the south 30 feet of Lot 8, Block 9 thereof (2214 14th Avenue) and moved that the
statutory rules requiring ordinances to be read by title on three different days be
suspended and said ordinances be considered for passage on the same day upon
reading by number only, and then placed on final passage and that the City Clerk be
permitted to call out the number of the ordinance on its first reading and then upon its
final passage. Council Member Kearney seconded the motion to close the hearing and
suspend the rules for Ordinance No. 7705. 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: Clouse, Lammers,
Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared passed and
adopted. City Clerk read Ordinance No. 7705 by number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye: Clouse,
Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was
read by number.
Moved by Kearney seconded by Lammers that Ordinance No. 7705 be passed,
approved and published as required by law. Roll call resulted as follows: Aye: Clouse,
Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and final passage of the ordinance,
Ordinance No. 7705 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.
DEVELOPMENT PLAN APPROVAL FOR 2214 14TH AVENUE
Mayor Clouse opened the public hearing on the Application submitted by BD
Construction (Applicant) and Loper Suites LLC (Owner) for Planned District
Development Plan Approval for the construction of a 25-unit apartment complex on
property to be zoned District C-2/PD, Community Commercial/Planned Development
Overlay District for property described as the south 49 feet of Lot 2, all of Lots 3, 4, 5, 6,
March 13, 2012
Page 9
9, 10, and the south 49 feet of Lot 11, all in Block 9, Kearney Land & Investment
Company 2nd Addition to the City of Kearney, Buffalo County, Nebraska, excepting
therefrom the west 92 feet of Lot 7 and the west 92 feet of the south 30 feet of Lot 8,
Block 9 thereof (2214 14th Avenue) and consider Resolution No. 2012-32. Planning
Commission recommended approval subject to approval of the requested deviations.
Moved by Lammers seconded by Lear to close the hearing and approve the Application
submitted by BD Construction (Applicant) and Loper Suites LLC (Owner) for Planned
District Development Plan Approval for the construction of a 25-unit apartment complex
on property to be zoned District C-2/PD, Community Commercial/Planned Development
Overlay District for property described as the south 49 feet of Lot 2, all of Lots 3, 4, 5, 6,
Block 9 thereof (2214 14th Avenue) and adopt Resolution No. 2012-32 with the
following deviations: (1) a 15-foot deviation to the required 25-foot street yard along
15th Avenue resulting in a requested street side yard of ten feet; (2) a 15-foot deviation
to the required 25-foot side yard along the north property line resulting in a requested
side yard of ten feet; (3) a 10-foot deviation to the required 25-foot side yard along the
south property line common to the single-family lot at the southwest corner of the site,
resulting in a requested side yard of 15 feet; (4) a density deviation for one additional
dwelling unit above the required maximum density of 24 for a total of 25 units; and (5)
landscape yard deviation of ten feet from the required 20-foot wide landscape yard
along 15th Avenue. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear,
Lammers, Kearney. Nay: None. Motion carried.
WHEREAS, BD Construction (Applicant) and Loper Suites LLC (Owner) have
applied for Planned District Development Plan Approval for the construction of a 25-unit
apartment complex on property to be zoned District C-2/PD, Community
Commercial/Planned Development Overlay District and described as the south 49 feet
of Lot 2, all of Lots 3, 4, 5, 6, 9, 10, and the south 49 feet of Lot 11, all in Block 9,
the south 30 feet of Lot 8, Block 9 thereof (2214 14th Avenue).
City of Kearney, Nebraska, that the application of BD Construction (Applicant) and
Loper Suites LLC (Owner) for Planned District Development Plan Approval for the
construction of a 25-unit apartment complex on property to be zoned District C-2/PD,
Community Commercial/Planned Development Overlay District and described as the
south 49 feet of Lot 2, all of Lots 3, 4, 5, 6, 9, 10, and the south 49 feet of Lot 11, all in
Buffalo County, Nebraska, excepting therefrom the west 92 feet of Lot 7 and the west
92 feet of the south 30 feet of Lot 8, Block 9 thereof (2214 14th Avenue) be approved
subject to compliance with the terms and conditions of the Subdivision Agreement.
BE IT FURTHER RESOLVED that the following deviations be accepted:
1. A 15-foot deviation to the required 25-foot street yard along 15th Avenue
resulting in a requested street side yard of ten feet.
March 13, 2012
Page 10
2. A 15-foot deviation to the required 25-foot side yard along the north property
line resulting in a requested side yard of ten feet.
3. A 10-foot deviation to the required 25-foot side yard along the south property
line common to the single-family lot at the southwest corner of the site, resulting in a
requested side yard of 15 feet.
4. A density deviation for one additional dwelling unit above the required
maximum density of 24 for a total of 25 units. Density was calculated by dividing the site
area of approximately 60,000 square feet by 2,500 square feet of site area per dwelling
unit (60,000/2,500 = 24). Part of the justification for this deviation is due to the fact that
the apartment buildings are designed to contain multiples of five dwelling units.
5. Landscape yard deviation of ten feet from the required 20-foot wide
landscape yard along 15th Avenue.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
VACATE PORTION OF BEL AIR SECOND AND BEL AIR FOURTH AND
AMENDMENT TO LAND USE MAP FOR PROPERTY LOCATED WEST OF THE
INTERSECTION OF AVENUE N AND 66TH STREET
Mayor Clouse stated the applicant has requested to postpone until April 10, 2012 the
Applications submitted by Buffalo Surveying Corp. (Applicant) for Starostka Group
Unlimited, Inc. (Owner) as follows: (1) vacate Lots 1 through 5 of Block 3, all of Avenue
L as it abuts Lot 5 of Block 3, all of that part of 66th Street Place as it abuts Lots 1
through 5 of Block 3, and all that part of 66th Street Place as it abuts part of Avenue L,
all in Bel Air Second Addition, together with Lot 5 of Block 2 and all that part of 66th
Street Place as it abuts said Lot 5 of Block 2, all in Bel Air Fourth Addition; and (2) an
amendment to the Land Use Map of the City of Kearney Comprehensive Development
Plan from Low Density Residential to Medium Density Residential for property
described as Lots 1 through 5 inclusive of Block Three (to be vacated), Bel Air Second
Addition, an addition to the City of Kearney, Buffalo County, Nebraska and part of 66th
Street Place, a street in the City of Kearney, and part of Avenue L, a street in the City of
Kearney (west of the intersection of Avenue N and 66th Street).
Moved by Lear seconded by Buschkoetter to postpone until April 10, 2012 the
Applications to vacate a portion of Bel Air Second Addition and a portion of Bel Air
Fourth Addition, and an amendment to the Land Use Map of the City of Kearney
Comprehensive Development Plan from Low Density Residential to Medium Density
Residential for property located west of the intersection of Avenue N and 66th Street.
Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay:
None. Motion carried.
REZONING PROPERTY LOCATED WEST OF THE INTERSECTION OF AVENUE N
AND 66TH STREET
March 13, 2012
Page 11
Application submitted by Buffalo Surveying Corp. (Applicant) for Starostka Group
Unlimited, Inc. (Owner) to rezone from District R-1, Urban Residential Single-Family
District (Low Density) to District R-2/PD, Urban Residential Mixed-Density/Planned
Development Overlay District property described as Lots 1 through 5 inclusive of Block
3 (to be vacated), Bel Air Second Addition, an addition to the City of Kearney, Buffalo
County, Nebraska and part of 66th Street Place, a street in the City of Kearney, and part
of Avenue L, a street in the City of Kearney (west of the intersection of Avenue N and
66th Street).
Application to rezone property located west of the intersection of Avenue N and 66th
Street. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney,
Buschkoetter. Nay: None. Motion carried.
FINAL PLAT AND SUBDIVISION AGREEMENT FOR STAROSTKA VIEW ADDITION
Application submitted by Buffalo Surveying Corp. (Applicant) for Starostka Group
Unlimited, Inc. (Owner) for the Final Plat and Subdivision Agreement for Starostka View
Addition, an addition to the City of Kearney, Buffalo County, Nebraska for property
described as Lots 1 through 5 inclusive of Block 3, all of Avenue L, a street in the City of
Kearney as it abuts said Lot 5 of Block 3 on the east, all that part of 66th Street Place, a
street in the City of Kearney as it abuts said Lots 1 through 5 inclusive of Block 3, and
all that part of 66th Street Place, a street in the City of Kearney as it abuts the
aforedescribed part of Avenue L on the north, all in Bel Air Second Addition, an addition
to the City of Kearney, Buffalo County, Nebraska; TOGETHER WITH Lot 5 of Block 2,
and all that part of 66th Street Place, a street in the City of Kearney as it abuts said Lot
5 of Block 2 on the north, all in Bel Air Fourth Addition, an addition to the City of
Kearney, Buffalo County, Nebraska (said lots and streets to be vacated) (west of the
intersection of Avenue N and 66th Street).
Application for the final plat for Starostka View Addition. Roll call resulted as follows:
Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.
DEVELOPMENT PLANS FOR 66TH STREET PLACE AND AVENUE L
Mayor Clouse stated the applicant has requested to postpone until April 10, 2012
Application submitted by Brungardt Engineering (Applicant) for Starostka Group
Unlimited, Inc. (Owner) for Planned District Development Plan Approval for duplex
development on property to be zoned District R-2/PD, Urban Residential MixedDensity/Planned Development Overlay District for property described as proposed Lot 1
of Block 2, Starostka View Addition, an addition to the City of Kearney, Buffalo County,
Nebraska (66th Street Place and Avenue L).
Application for Planned District Development Plan Approval for duplex development on
property located at 66th Street Place and Avenue L. Roll call resulted as follows: Aye:
Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.
March 13, 2012
Page 12
IV.
CONSENT AGENDA
Moved by Buschkoetter seconded by Clouse that Subsections 1 through 9 of Consent
Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Lammers,
Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
1.
Approve Minutes of Regular Meeting held February 28, 2012.
2.
Approve the following Claims:
PS
SMCS
ER
CO
DS
Personnel Services
Supplies, Materials & Contractual Services
Equipment Rental
Capital Outlay
Debt Service
2020 Technologies $592.80 co; Ahren,V $460.00 smcs; All Makes Auto Supply
$2,125.61 smcs; Amer First Aid $180.56 smcs; Anderson,H $27.39 smcs; Antelope
Newspaper $320.00 smcs; Ask Supply $2,539.27 smcs,co; Aurora Coop $81.60 smcs;
Auto Glass Pros $34.73 smcs; Baker & Taylor Books $2,683.52 smcs; Bamford
$13,695.00 smcs,co; B-D Construction $1,200.00 smcs; Bennett,T $1,082.25 smcs; Big
Rack Shack $115.80 co; Blessing $2,770.00 smcs; Bluecross Blueshield $31,668.09
smcs; Boss,M $25.80 smcs; Bosselman $14,693.44 smcs; Broadfoot's $2,032.50 smcs;
Brodine,S $128.00 smcs; Builders Warehouse $5,392.42 smcs,co; Carquest $1,429.58
smcs; Cash-Wa $85.60 smcs; Central Fire & Safety $635.00 smcs; Central NE Bobcat
$3,991.86 co; Charter $89.24 smcs; City of Ky $56,515.19 smcs,ps; Colorado Fire
Mechanics $870.00 smcs; Cornhusker Cleaning $304.60 smcs; Cornhusker State Ind
$3,500.00 co; Crushers $650.00 smcs; Davis McLarty Agency $1,750.00 smcs; DBSP
$1,000.00 smcs; Demco $9,412.32 co; Dish Network $68.71 smcs; Dugan Business
Forms $698.13 smcs; Dutton Lainson $1,053.07 smcs; Eakes $29,093.17 smcs,co;
Eirich,T $50.00 smcs; Elliott Equipment $1,755.03 smcs; Engineered Controls $345.00
smcs; Epley,G $35.05 smcs; Every Child Ready to Read $15.00 smcs; Farmers Union
Coop $487.28 smcs; Feddersen,M $45.42 smcs; Filbert,J $120.00 smcs; Fireguard
$118.70 smcs; Flaherty,T $156.00 smcs; Frontier $8,973.52 smcs; Gangwish Turf
$35.00 smcs; Garrett Tires $249.95 co; Goodin,CR $60.00 smcs; Gough,P $150.00
smcs; H&H Distributing $487.75 smcs; Hawthorne Jewelry $16.36 ps; HD Supply
$24,221.62 smcs; Honeywell $141.30 smcs; ICMA RC $3,760.80 ps; IRS $108,815.77
ps; Jack Lederman $566.55 smcs,co; Jacobs,J $125.40 smcs; Jasnoch,K $50.55 smcs;
K&K Parts $820.75 smcs; Kart-Man $902.05 smcs; Ky Clinic $35.00 smcs; Ky
Community Found $35,109.00 smcs; Ky Floral $50.24 smcs; Ky Hub $173.56 smcs; Ky
Visitors Bureau $51,133.15 smcs; Konica Minolta $1,152.75 smcs; KOSO M-Mac Intl
$1,313.26 smcs; Krull Ins $1,950.00 smcs; League of NE Municipalities $425.00 smcs;
Lerner Publishing $67.80 smcs; Mac Tools $14.78 smcs; Magic Cleaning $2,750.00
smcs; Mail Express $63.40 smcs; Marlatt Machine $975.00 smcs; Matheny,K $103.59
smcs; Matheson Tri-Gas $18.57 smcs; McManus,R $5.33 smcs; Meier,B $270.00 smcs;
Menards $325.06 smcs,co; Meridian Library Systems $20.00 smcs; Michael Todd & Co
$1,645.72 smcs; Mid-NE Garage Doors $1,200.00 smcs; Midwestern USA $60.00
smcs; Milco Environmental $4,500.55 smcs; Miller & Associates $4,394.85 smcs;
Milliman $1,800.00 smcs; Moore & O'Connor $35.10 smcs; Municipal Supply $2,999.26
March 13, 2012
Page 13
smcs; NE Child Support $2,195.60 ps; NE Dept of HHS $80.00 smcs; NE Forest
Service $40.00 smcs; NE Library Assn $40.00 smcs; NE Public Health $226.00 smcs;
NE Rural Water Assn $850.00 smcs; NE State Fire Marshal $240.00 smcs; NEland
Distributors $462.74 smcs; Neopost $6,000.00 smcs; New World System $985.00 co;
Nordhues,B $34.51 smcs; Northwestern Energy $17,246.73 smcs; O'Keefe Elevator
$200.00 smcs; Olsson Associates $2,900.00 smcs; O'Reilly Automotive $486.10 smcs;
Overhead Door $65.00 smcs; Platte Valley Labs $680.00 smcs; Presto-X $300.30
smcs; Pulliam,R $40.00 smcs; Quintana,E $11.69 smcs; RW Sorensen $3,500.00
smcs; Random House $200.00 smcs; Ready Mixed Concrete $380.63 smcs; Recorded
Books $2,043.14 smcs; Reinke's Heating $106.45 smcs; Richards,K $35.00 smcs;
Roesler,A $92.00 smcs; SA Foster $396.00 smcs; Sage,P $48.15 smcs; Snow,T $50.00
smcs; Spaulding,J $23.55 smcs; Star Homes $80.25 smcs; St of NE/AS Central
$3,550.54 smcs; Sun Life Financial $52,748.15 smcs; Sutton Rentals $46.95 smcs;
Theis,G $72.72 smcs; Thiems,T $40.23 smcs; Thompson Co $73.69 smcs; Tool Doctor
$136.73 smcs; Traver,K $8.35 smcs; Tri City BMX $444.22 smcs; Tri-Cities Group
$181.59 smcs; Tye & Rademacher $10,815.27 smcs; Union Bank $55,395.07 ps;
Verizon Wireless $1,075.37 smcs; Vermeer Equipment $176,800.00 co; Village Uniform
$643.92 smcs; Walsh,C $154.29 smcs; Walz,Q $13.02 smcs; Wells Fargo Bank
$103,580.00 smcs; West Villa Animal Hospital $268.67 co; Wick's Sterling Trucks
$2,296.25 smcs; Wiegand Security $90.00 smcs; Yellow Van Cleaning $4,000.00 co;
Payroll Ending 2-25-2012 -- $342,479.96. 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.
Adopt Resolution No. 2012-36 approving the Developer Constructed
Infrastructure Agreement for Lot 1 of Block Two, Northacre Sixth Addition between the
City of Kearney and L & P Investments, LLC.
KEARNEY, NEBRASKA that the agreement entitled “Developer Constructed
Infrastructure Agreement for Lot 1, Block Two, Northacre Sixth Addition” between the
City of Kearney and L & P Investments, L.L.C., a Nebraska Limited Liability Company,
to construct water and sanitary sewer to serve the property described as Lot 1, Block
Two, Northacre Sixth Addition, an addition to the City of Kearney, Buffalo County,
Nebraska be and is hereby accepted and approved. The Agreement, marked as Exhibit
1 is attached hereto, negotiated with Danny Starostka on behalf of and L & P
Investments, L.L.C. to construct said water and sanitary sewer as stated above.
authorized and directed to execute the same agreement on behalf of the City of
Kearney.
ATTEST:
CITY CLERK
4.
Adopt
Resolution
STANLEY A. CLOUSE
No.
2012-37
approving
the
Developer
Constructed
March 13, 2012
Page 14
Infrastructure Agreement for Lot 1, Ingalls Crossing Fifth Addition between the City of
Kearney and Roberta Corrigan, Trustee of the Leroy Corrigan Trust and Roberta
Corrigan, General Partner of the Roberta Corrigan Farm.
KEARNEY, NEBRASKA that the agreement entitled “Developer Constructed
Infrastructure Agreement for Lot 1, Ingalls Crossing Fifth Addition” between the City of
Kearney and Roberta Corrigan, Trustee of the Leroy Corrigan Trust and Roberta
Corrigan, General Partner of the Roberta Corrigan Farm, a Limited Partnership, to
construct paving, storm sewer, water and sanitary sewer to serve the property
described as Lot 1, Ingalls Crossing Fifth Addition, an addition to the City of Kearney,
Buffalo County, Nebraska be and is hereby accepted and approved. The Agreement,
marked as Exhibit 1 is attached hereto, negotiated with Roberta Corrigan on behalf of
and Roberta Corrigan, Trustee of the Leroy Corrigan Trust and Roberta Corrigan,
General Partner of the Roberta Corrigan Farm to construct said paving, storm sewer,
water and sanitary sewer as stated above.
authorized and directed to execute the same agreement on behalf of the City of
Kearney.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
5.
Approve the application for a Special Designated License submitted by Alley
Rose Inc. of Kearney, NE, dba Alley Rose in connection with their Class IK-21763
catering liquor license to dispense wine in the Classic Car Collection building located at
3600 East Highway 30, Suite B on March 30, 2012 from 5:30 p.m. until 7:30 p.m. for a
sampling/tasting.
6.
Approve the application for a Special Designated License submitted by Alley
Rose Inc. of Kearney, NE, dba Alley Rose in connection with their Class IK-21763
catering liquor license to dispense beer, wine and distilled spirits inside the Museum of
Nebraska Art, 2401 Central Avenue on April 13, 2012 from 7:00 p.m. until 12:00 a.m. for
a reception.
7.
Approve the application for a Special Designated License submitted by Kearney
BBQ, dba Skeeter Barnes in connection with their Class IK-55865 catering liquor
license to dispense beer, wine and distilled spirits in the Food Court inside the Great
Platte River Road Archway Monument located at 3060 East 1st Street on April 17, 2012
from 5:00 p.m. until 11:30 p.m. for a reception.
8.
Approve the recommendation submitted by the Downtown Improvement Board
on the temporary closing of the parking stalls on the south side of 24th Street from the
alley to Avenue A on March 23, 2012 from 8:00 a.m. until 12:00 a.m.
March 13, 2012
Page 15
9.
Approve the recommendation submitted by the Downtown Improvement Board
on the temporary closing of the parking lot located between 23rd Street and 24th Street
abutting 1st Avenue on June 23, 2012 from 8:00 a.m. until 12:00 a.m.
V.
CONSENT AGENDA ORDINANCES
ORDINANCE NO. 7708 VACATING PORTION OF 21ST AVENUE NORTHWEST
On August 14, 2001 the City Council approved the development of Sunny Meadows
Estates Subdivision which is located south of 42nd Street and west of 20th Avenue. The
Planning Commission had recommended vacating the northwest portion of 21st Avenue
Northwest abutting Lot 8, Park Meadow Addition and at a later Council meeting to
vacate the southwest portion of 21st Avenue Northwest.
The City was contacted by Barney Abstract concerning the vacation of the southwest
portion of 21st Avenue Northwest. It has been determined that the City did not vacate
the southwest portion. A letter from Buffalo Surveying requesting the City to vacate that
portion that needed to be done in 2001 was provided to the Council.
Ordinance No. 7708 vacating the southwest portion of 21st Avenue Northwest is merely
a housekeeping matter.
Council Member Clouse introduced Ordinance No. 7708, being Subsection 1 of Agenda
Item V vacating that portion of 21st Avenue Northwest as it abuts Lot 1 of Block 1,
Colonial Estates 4th Addition to the City of Kearney, Buffalo County, Nebraska, and
moved that the statutory rules requiring ordinances to be read by title on three different
days be suspended and said ordinances be considered for passage on the same day
upon reading by number only, and then placed on final passage and that the City Clerk
be permitted to call out the number of the ordinance on its first reading and then upon
its final passage. Council Member Kearney 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: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion to
suspend the rules having been concurred in by three-fourths of the City Council, said
motion was declared passed and adopted. City Clerk read Ordinance No. 7708 by
number. Roll call of those in favor of the passage of said ordinance on the first reading
resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Kearney seconded by Lammers that Ordinance No. 7708 be passed,
approved and published as required by law. Roll call resulted as follows: Aye: Clouse,
Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and final passage of the ordinance,
Ordinance No. 7708 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
March 13, 2012
Page 16
OPEN ACCOUNT CLAIMS: SCHOOL DISTRICT #7 - $3,474.35
Moved by Clouse seconded by Kearney that the Open Account Claim in the amount of
$3,474.35 payable to School District #7 be allowed. Roll call resulted as follows: Aye:
Clouse, Kearney, Lear. Nay: None. Buschkoetter and Lammers abstained. Motion
carried.
VII.
REPORTS
CLOSED SESSION
Moved by Kearney seconded by Lammers that Council adjourn into closed session at
7:21 p.m. for the protection of the public interest to discuss real estate and personnel
matters. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers,
Kearney. Nay: None. Motion carried.
Mayor Clouse restated the purpose for the closed session is for the protection of the
public interest to discuss real estate and personnel matters. According to law, the
Council has the option to reconvene back into open session and may take any formal
action it deems appropriate.
Moved by Kearney seconded by Lammers that Council reconvene in regular session at
8:08 p.m. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney,
Buschkoetter. Nay: None. Motion carried.
VIII.
ADJOURN
Moved by Lammers seconded by Buschkoetter that Council adjourn at 8:08 p.m. Roll
call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay:
None. Motion carried.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
PS
SMCS
ER
CO
DS
PERSONNEL SERVICES
SUPPLIES, MATERIALS, AND CONTRACTUAL SERVICES
EQUIPMENT RENTAL
CAPITAL OUTLAY
DEBT SERVICE
Vendor
AT&T
ABC Drug
Ace Hardware
Advance Auto Parts
Agent Fee
Alfred Benesch
All American Sewer
Allied Electronics
Alphabet Signs
Amazon
American
American Fence
American First Aid
Amsan
Analytical Services
Andersen Wrecking
Anderson Brothers
Andy's General Store
APA Membership Online
Apex Superstores
Apple Online
Archer, Chelsea
Arctic Refrigeration
Ask Supply
Aurora Coop
Baker & Taylor
Bamford
Bauer, Alicia
Big Rack Shack
Blessing
Bluecross Blueshield
Boogaarts
Bosselman Energy
Broadfoot's
Buckle
Buffalo Outdoor Power
Builders Warehouse
Carquest
Cash-Wa
CBA Lighting
Center Point Large Print
Central Hydraulic Systems
Central NE Bobcat
Central Hydraulic
Century MMA
Charter
Chesterman
Amount
$281.49
$14.77
$21.96
$55.97
$40.00
$3,343.01
$1,455.00
$411.62
$781.08
$554.12
$246.13
$2,986.00
$574.96
$2,521.40
$1,875.00
$200.00
$117.75
$42.70
$130.00
$63.20
$5,976.00
$23.98
$439.55
$423.33
$370.88
$2,990.24
$868.78
$30.00
$342.00
$68,453.43
$225,411.97
$9.50
$30,892.77
$972.00
$765.00
$837.12
$1,662.44
$343.08
$1,483.52
$629.80
$71.41
$1,528.99
$3,694.91
$5,287.30
$128.99
$196.98
$648.35
Purpose
smcs
smcs
smcs
smcs
smcs
co
smcs
smcs
co
smcs,co
smcs
co
smcs
smcs
smcs
smcs
smcs
smcs
smcs
co
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs,co
co
smcs
smcs
smcs
smcs
smcs
smcs
smcs,co
smcs
smcs
smcs
smcs
smcs
smcs,co
smcs
smcs
smcs
smcs
Vendor
City of Kearney
Colorado Chapter of INL
Community Action Partner
Conseco Life Insurance
Construction Rental
Copycat Printing
Country Inn & Suites
Crop Production
Crossroads Ford
Culligan
Cummins Central Power
D&S Lighting
Dawson Public Power
Dell
Delta Air
Demco
Diamond Vogel Paint
Dierberger, Terry
Dietz, Christine
Digicert
Dish Network
Dmilaco
Dollar General
Dowhy Towing
Dultmeier Sales
Dutton-Lainson
Eakes
Eckhoff, Nancy
Ecolab
Eddy's
E-filliate
Eileen's Cookies
Elliott Equipment
EMC Insurance
Eustis Body Shop
Expedia
Express Distributing
Expression Wear
Eynetich, Peggy
Fairbanks
Fastenal
Fearnley, Mike
Firecom
Fireguard
Footjoy
Frontier
Full Tilt Management
Claims
March 27, 2012
Page 1
Amount
$10,696.63
$400.00
$12,000.00
$19.00
$273.00
$562.47
$498.40
$126.30
$164.23
$266.35
$90.02
$195.84
$22,665.23
$373.86
$1,701.60
$931.70
$157.07
$35.01
$50.00
$787.00
$64.36
$160.25
$24.08
$150.00
$555.02
$254.26
$1,773.67
$138.60
$36.00
$49.92
$211.34
$14.80
$147.73
$807.39
$621.00
$250.14
$156.00
$299.00
$138.60
$635.09
$1,543.61
$48.15
$340.00
$52.01
$727.47
$277.50
$1,500.00
Purpose
smcs,ps
smcs
co
ps
smcs,co
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
co
smcs
smcs
smcs
smcs
smcs
co
smcs
smcs
smcs
smcs
smcs
smcs
smcs,co
smcs
smcs
smcs
co
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs,co
smcs
smcs
smcs
smcs
co
smcs
PS
SMCS
ER
CO
DS
PERSONNEL SERVICES
EQUIPMENT RENTAL
CAPITAL OUTLAY
DEBT SERVICE
Galls
$120.95
Gant, Linda
$2.83
Garcia Chicoine
$3,553.30
Garrett Tires
$2,366.37
GE Money Bank
$1,962.12
Gear for Sports
$427.75
Gempler
$504.41
GIS Workshop
$295.00
Graham Tire
$427.68
Grainger
$633.13
Great Lakes
$551.00
Great Plains One Call
$108.77
H&H Auto Parts
$260.00
H&H Distributing
$301.24
Hach
$979.52
HD Supply
$1,597.85
Heartland Motor
$47.80
Heiman Fire Equipment
$379.90
Hilton Garden Inn
$399.84
Hitech
$540.00
Hobby-Lobby
$6.97
Holmes Plumbing
$747.97
Hometown Leasing
$682.11
Hoover Fence
$784.20
HTM Sales
$888.40
Hydrite Chemical
$12,510.31
Hydro Tech
$315.00
ICMA Retirement Trust
$3,757.69
Inland Truck Parts
$380.23
Internal Revenue Service
$104,538.17
International Association
$508.00
International Code Council
$700.00
International Society
$107.19
Investment Property
$1,500.00
J&R Sound
$17.87
Jack Lederman
$3,633.70
Jacobs, Jason
$13.20
John Deere Financial
$333.70
Johnson, Shirley
$30.00
Johnstone Supply
$1,047.01
Just Blinds
$848.05
K&K Parts
$34.07
Karre, Elizabeth
$39.61
Kearney Clinic
$1,479.00
Kearney Comm. Foundation
$90,029.00
Kearney Concrete
$1,761.00
Kearney Crete & Block
$719.62
Kearney Glass
$435.20
smcs
smcs
co
smcs
smcs
smcs
smcs
co
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs,co
smcs
smcs
smcs
smcs
ps
smcs
ps
smcs
smcs
smcs
co
smcs
smcs
smcs
smcs
smcs
smcs
co
smcs
smcs
ps
smcs
co
smcs,co
co
Kearney Hub
Kearney Humane Society
Kearney Implement
Kearney Towing
Kearney Warehouse
Kearney Winlectric
Kearney Winnelson
Kearney Yamaha
Kimball Midwest
Kindle
Konica Minolta
Krueger, Lu
Larue Distributing
Lawson Products
LECC
Linda's Upholstery
Linweld
Little Caesars
Lockmobile
Magic Cleaning
Mail Express
Marlatt Machine
Marsh Contracting
Masek Golf Cart
Matt Friend Equipment
McBride, Michael
McMaster-Carr
Menards
Metlife
Microfilm Imaging
Mid-NE Aggregate
Mid-NE Lubricants
Mid-Plains Equipment
Midway Chrysler
Midwest Mailing
Midwest Storage
Miller & Associates
Miller Signs
Miracle Recreation
Moonlight Embroidery
Mostek Electric
MPH Industries
Municipal Supply
Napa All Makes
Naps Dealer Supplies
National Alliance for You
National Tactical Officers
NE Arborists
Claims
March 27, 2012
Page 2
$2,129.86
$6,825.00
$2,103.00
$150.00
$1,457.40
$343.23
$90.74
$309.80
$371.90
$20.98
$2,574.66
$649.00
$180.72
$170.50
$300.00
$18.35
$379.38
$123.00
$14.00
$6,860.00
$1,065.45
$962.42
$9,670.00
$339.83
$17,435.00
$16.83
$312.19
$3,910.17
$6.04
$780.00
$165.36
$27,502.50
$225.00
$90.35
$410.00
$6,170.91
$667.50
$840.00
$648.00
$410.50
$2,614.18
$640.00
$3,898.31
$142.53
$40.85
$200.00
$40.00
$75.00
smcs
smcs
smcs
smcs
smcs
smcs,co
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
co
smcs
co
smcs
ps
smcs
smcs
smcs
smcs
smcs
smcs
co
smcs,co
smcs
co
smcs
smcs
co
smcs
smcs
smcs
smcs
smcs
smcs
PS
SMCS
ER
CO
DS
PERSONNEL SERVICES
EQUIPMENT RENTAL
CAPITAL OUTLAY
DEBT SERVICE
NE Child Support Pyt. Ctr.
NE Dept of Revenue
NE DOL/Boiler Inspection
NE Environmental Products
NE Golf Association
NE IAI
NE Licensed Beverage
NE Machinery
NE Online
NE Rural Water Association
NE Truck & Equipment
NE Truck Center
Nebraskaland Distributors
NeRPA
New World Systems
Newegg
NMC Exchange
Northern Safety
Northwest Electric
Northwestern Energy
OCLC
Office Max
Officenet
O'Reilly Auto
Orscheln
Outdoor Recreation
Overhead Door
Owl System
Paramount
Parks, Michael
Party America
Pat's Plumbing
Pcdictatecom
Pep Co.
Perkins
Peterson, Niki
Ping
Pioneer Revere
Platte Valley Comm.
Potter, Brian
Power Systems
Presto-X
Protex Central
Provantage
Pump & Pantry
QC Supply
QT
Quatred
$2,195.60
$29,482.04
$180.00
$1,822.67
$200.00
$30.00
$200.00
$5,104.46
$500.00
$250.00
$1,124.60
$934.62
$467.16
$130.00
$52,830.00
$289.93
$1,264.58
$228.00
$271.77
$3,483.47
$625.06
$1,466.88
$5,256.63
$26.36
$516.25
$1,788.00
$65.00
$306.50
$169.61
$23.67
$125.98
$175.00
$49.99
$53.66
$163.09
$50.00
$3,412.13
$988.75
$2,172.47
$31.00
$546.29
$322.02
$252.00
$3,120.90
$52.09
$436.22
$39.50
$1,099.00
ps
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
co
co
smcs
smcs
smcs
smcs
smcs
smcs,co
smcs,co
smcs
smcs
co
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
co
smcs
smcs
smcs
smcs
Quill
Random House
Reams
Recorded Books
Research Technology
Resource Management
Rivershore Reading Store
Roper's Radiator
Rothenberger, Jennifer
Safelite Auto Glass
Sahling Kenworth
Salter, Josh
Sandhill Plastics
Sapp Brothers
Schmidt, Alan
Sears
Sherwin Williams
Sign Center
Skype
Sport Supply Group
Springer Roofing
Start Stop
State Fire Marshal Training
Staywell-Krames
Super Circuits
Super Shine Auto
Target
Teel, Chelsi
TG Technical Services
Thome, Brian
Thompson Co.
Tielke's Sandwiches
Titleist
Tractor-Supply
Trans Iowa Equipment
Tri City Outdoor Power
Tucker, Goodwin
Turfwerks
Turner Body Shop
Underground Construction
Union Bank & Trust
Unique Management
UPS Store
Upstart
USA Blue Book
USPS
U-Stuff 'em
Van Wall Equipment
Claims
March 27, 2012
Page 3
$1,027.86
$72.00
$415.16
$288.16
$159.95
$1,068.48
$592.00
$65.00
$3.25
$703.74
$301.92
$6.73
$417.27
$7,458.00
$31.00
$518.74
$57.37
$467.15
$10.00
$1,870.30
$5,225.00
$75.00
$100.00
$138.77
$1,421.67
$8.50
$627.49
$87.93
$2,943.19
$65.73
$28.10
$48.91
$309.00
$298.81
$1,573.45
$874.13
$304.35
$3,253.75
$500.00
$1,048.10
$53,463.34
$384.85
$61.12
$90.80
$147.47
$147.21
$95.00
$316.00
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
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smcs,co
smcs
smcs
co
smcs
smcs
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smcs
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smcs
smcs
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smcs
smcs
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smcs
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smcs
ps
smcs
smcs
smcs
smcs
smcs
co
er
PS
SMCS
ER
CO
DS
PERSONNEL SERVICES
EQUIPMENT RENTAL
CAPITAL OUTLAY
DEBT SERVICE
Walgreens
Walmart
Watchguard Video
Wegner, Tanya
Wilke's True Value
Winter Equipment
Wolf Promo Products
WPCI
Zimmerman Printers
$56.67
$1,737.21
$148.00
$112.50
$230.54
$831.52
$5,563.00
$157.00
$680.70
smcs
smcs
co
ps
smcs,co
smcs
co
ps
smcs
Claims
March 27, 2012
Page 4
COUNCIL AGENDA MEMO
ITEM NO. IV - #4
FROM:
MEETING:
March 27, 2012
SUBJECT:
City/County Auction
PRESENTER:
No Presenter – Consent Agenda
Discussion:
The Police Department, along with the Sheriff’s Department, conducts several auctions of
property and vehicles annually. The auction will be to sell impounded and abandoned vehicles
from the Police Impound yard. To facilitate the auction, it is necessary for safety to close off a
portion of Avenue B from North Railroad Street to 21st Street on April 28th between the hours
of 7:00 a.m. and 3:00 p.m. for the auction.
This is a safety matter, in so far as the number of people who are in and around the impound
lot grows substantially. To make the area safe, we have used barrier tape and street
barricades in the past to block off the street.
Fiscal Note:
There is no financial consideration involved in the request.
Recommended Action:
Staff recommends approval of temporarily closing Avenue B from North Railroad Street to 21st
Street for the annual vehicle auction.
COUNCIL AGENDA MEMO
ITEM NO. IV - #5
FROM:
MEETING:
March 27, 2012
SUBJECT:
Airport Terminal Parking Lot Rehabilitation Project
PRESENTER:
Background:
As you may remember, the City bid the rehabilitation and expansion of the Airport Terminal
parking lot early this year and only received two bids which were above the Engineer’s
Estimate. The City rejected those bids and on November 9, 2010 the City Council approved
the rebidding of this project hoping for better bids for this coming spring season due to lower
volume of upcoming local paving projects.
On December 28, 2010 the City Council awarded the bid for the Airport Terminal Parking Lot
Rehabilitation Project to Blessing LLC in the amount of $696,717.50. The proposed access
road will be aligned with a future arterial road that is planned by the City on the west side of
Airport Road. The new alignment will shift the access road intersection approximately 50 feet
to the south. A one way loop road flow configuration has been designed. The use of one-way
traffic, curb and gutters will allow efficient and safe drop off/pick up and parking for the public.
A grassed island area/offset near the intersection with Airport Road is provided to allow for the
development of a future left turn lane when required. This project includes the removal and
replacement of the parking lot including area lighting. It will have approximately 130 parking
stalls.
On September 13 the Council approved Change Order No. 1 increasing the contract amount
by $4,332.91 to install eight 40-feet long of copper secondary feeder cables in two existing
ducts from the relocated terminal building transformer (northeast corner of terminal building)
into terminal building. The Contractor has also submitted a request to increase the calendar
days by 14 days to complete the project due to weather and work being performed by utility
companies.
On December 13 The Council approved Change Order No. 2 for a decrease to the contract
price by $7,290.00 to remove the seeding and the cover crop seeding because of the time of
year.
Blessing LLC has submitted Change Order No. 3 for an increase to the contract price by
$12,884.50 which includes the burying of the overhead electrical service line, removal of top
soil, adjusting the manhole to grade, and excavation. This will bring the contract price to
$706,644.91. The City’s engineer has reviewed the change order and recommends that it be
approved.
ITEM NO. IV - #5
Fiscal Note:
Funds necessary to pay for the construction of these improvements have been included in the
budget.
Recommended Action:
Staff recommends approval of Change Order No. 3 for the Airport Terminal Parking Lot
Rehabilitation Project.
WHEREAS, Blessing LLC of Kearney, Nebraska has performed services in
connection with the Kearney Regional Airport Terminal Parking Rehabilitation Project
(AIP Project No. 3-31-0045-23), and the City's engineer, Alfred Benesch & Company,
have filed with the City Clerk Change Order No. 3 showing an increase to the contract
sum in the amount of $12,884.50, as shown on Exhibit “A”, attached hereto and made a
part hereof by reference as follows:
Original Contract Sum
Change Order No. 1 (9-13-2011)
Contract Sum to Date
$696,717.50
+ 4,332.91
- 7,290.00
+ 2,884.50
$706,644.50
Kearney, Nebraska, and hereby find and determine that Change Order No. 3, as shown
on Exhibit “A”, be and is hereby accepted and approved.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
AN EX-OFFICIO MAYOR
COUNCIL AGENDA MEMO
ITEM NO. IV - #6
FROM:
Bruce Grupe, City Engineer
MEETING:
March 27, 2012
SUBJECT:
Award Bid for 2010 Part 4 Improvements
PRESENTER:
Discussion:
At the February 28, 2012 Council meeting, the City Council approved the plans and
specifications for 2010 Part 4 Improvements for the paving improvements to Yanney Park
South Parking Lot. Sealed bids for this project were received on March 20, 2012. The following
were the bids received:
Bidder
Blessing, LLC, Kearney, Nebraska
Mackie Construction LLC, Omaha, Nebraska
Philip Carkoski Construction, Loup City, Nebraska
Nemaha Landscape Construction, Lincoln, Nebraska
Dandee Construction, Kearney, Nebraska
Dan Roeder Concrete, Kearney, Nebraska
Bid
$201,091.00
$203,005.87
$224,643.00
$233,448.09
$235,150.00
$256,512.00
The Engineer’s Opinion of Probable Construction Cost was $240,176.00. The low bid from
Blessing, LLC is 16 percent below the Engineer’s Opinion of Probable Construction Cost. The
work involved is scheduled to be completed between August 15 and November 15 of 2012.
Attached is a letter of recommendation from the City’s engineer, Miller & Associates.
Fiscal Note:
Funds necessary to pay for the construction of these improvements have been included in this
year’s budget.
Recommended Action:
Administration recommends the bids be accepted and the contract be awarded to Blessing, LLC
in the amount of $201,091.00.
WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed
bids which were opened on March 20, 2012 at 2:00 p.m. for the 2010 Part 4
Improvements for Yanney Park Parking Lot; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $240,176.00
for the said project; and
WHEREAS, the said engineers have recommended the bid offered by Blessing LLC
of Kearney, Nebraska in the sum of $201,091.00 be accepted as the lowest responsible
bid for 2010 Part 4 Improvements for Yanney Park Parking Lot.
City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and
approved, that Blessing LLC of Kearney, Nebraska be and is the lowest responsible
bidder for the 2010 Part 4 Improvements for Yanney Park Parking Lot to be constructed
in accordance with the plans and specifications on file with the City Clerk and that the
bid of Blessing LLC of Kearney, Nebraska in the sum of $201,091.00 be and is hereby
accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost
in the amount of $240,176.00 be and is hereby accepted.
BE IT FURTHER RESOLVED that the President of the Council of the City of
Kearney, Nebraska, be and is hereby authorized and directed to execute contracts for
such improvements in accordance with the bid, plans, specifications, and general
stipulations pertaining thereto.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
COUNCIL AGENDA MEMO
ITEM NO. IV - #7
FROM:
MEETING:
March 27, 2012
SUBJECT:
PRESENTER:
Discussion:
specifications for 2011 Part 14 Improvements, consisting of necessary repairs to the Avenue H
grade separation structure. Sealed bids for this project were received on March 20, 2012. The
City only received one bid from Wilke Contracting Corp. from Kearney in the amount of
$53,620.00.
Wilke Contracting Corp. is 55 percent below the Engineer’s Opinion of Probable Construction
Cost. The work involved is scheduled to be completed before October 15, 2012.
Fiscal Note:
year’s budget.
Recommended Action:
Administration recommends the bids be accepted and the contract be awarded to Wilke
Contracting Corp. in the amount of $53,620.00.
Improvements for Avenue H Viaduct Repairs; and
WHEREAS, the said engineers have recommended the bid offered by Wilke
Contracting of Kearney, Nebraska in the sum of $53,620.00 be accepted as the lowest
responsible bid for 2011 Part 14 Improvements for Avenue H Viaduct Repairs.
approved, that Wilke Contracting of Kearney, Nebraska be and is the lowest responsible
bidder for the 2011 Part 14 Improvements for Avenue H Viaduct Repairs to be
constructed in accordance with the plans and specifications on file with the City Clerk
and that the bid of Wilke Contracting of Kearney, Nebraska in the sum of $53,620.00 be
and is hereby accepted.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
COUNCIL AGENDA MEMO
ITEM NO. IV - #8
FROM:
MEETING:
March 27, 2012
SUBJECT:
PRESENTER:
Discussion:
specifications for 2011 Part 9 Improvements consisting of Water Connection District 2011-1,
Sewer Connection District 2011-1 and Paving Improvement Districts 2011-949 and 2011-950,
for the construction of sanitary sewer, water main, storm sewer and paving for 50th Street from
17th Avenue to 300 feet west of 17th Avenue and paving for 17th Avenue from 49th Street
Place to 130 feet north of 50th Street.
Sealed bids for this project were received on March 20, 2012. The following were the bids
received:
Bidder
Blessing, LLC, Kearney, Nebraska
Dan Roeder Concrete, Kearney, Nebraska
Paulsen, Inc., Cozad, Nebraska
Bid
$662,615.50
$698,958.25
$718,774.25
Blessing, LLC is ten percent below the Engineer’s Opinion of Probable Construction Cost.
The work involved on 17th Avenue is scheduled to be completed between May 1 and October
15, 2012 with the 50th Street work scheduled to be completed before November 15, 2012.
Fiscal Note:
year’s budget.
Recommended Action:
Administration recommends the bids be accepted and the contract be awarded to Blessing, LLC
in the amount of $662,615.50.
Improvements consisting of Paving Improvement District No. 2011-949 for 50th Street
from 17th Avenue west to the west line of Hoehner Estates Third Addition, Paving
Improvement District No. 2011-950 for 17th Avenue from 49th Street Place north
522.66± feet, Water Connection District No. 2011-1 and Sanitary Sewer Connection
District No. 2011-1 in 50th Street from the east line of 17th Avenue west 627.11± feet;
and
WHEREAS, the said engineers have recommended the bid offered by Blessing LLC
of Kearney, Nebraska in the sum of $662,615.50 be accepted as the lowest responsible
bid for 2011 Part 9 Improvements.
approved, that Blessing LLC of Kearney, Nebraska be and is the lowest responsible
bidder for the 2011 Part 9 Improvements to be constructed in accordance with the plans
and specifications on file with the City Clerk and that the bid of Blessing LLC of
Kearney, Nebraska in the sum of $662,615.50 be and is hereby accepted.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
COUNCIL AGENDA MEMO
ITEM NO. IV - #9
FROM:
MEETING:
March 27, 2012
SUBJECT:
2011 Part 9 Improvements; Statement of Intent Resolution
PRESENTER:
Discussion:
The City Council awarded a bid on March 27, 2012 for the 2011 Part 9 Improvements. It has
been, and still is, the intent of the City to issue debt to pay for this project. In order to reimburse
the City for any payments made by the City to engineers, contractors, or property owners for
right-of-way prior to the issuance of said bonds, the City Council is required, pursuant to
Regulation Section 1.150-2 of the regulations of the United States Treasury, to approve the
attached resolution.
Fiscal Note:
Approval of the attached resolution will simply allow the City of Kearney to expend funds on
the 2011 Part 9 Improvements and reimburse itself from the proceeds of the debt issued at a
later date.
Recommended Action:
Staff recommends approval of the attached resolution.
BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska
(the "City"), as follows:
Section 1. The President and Council of the City hereby find and determine that
it is necessary and appropriate to declare their official intent to issue tax-exempt bonds
on behalf of the City and in addition, the City's reasonable expectations to reimburse
certain expenditures with the proceeds of such bonds as proposed to be issued by the
City in connection with the proposed project as described below.
Section 2. This resolution shall stand as a statement of the City's official intent
under Regulation Section 1.150-2 of the regulations of the United States Treasury and
for such purpose the following information is hereby given:
1. A general functional description of the project for which expenditures may
be made and reimbursement from bond proceeds provided is as follows:
2011 Part 9 Improvements – Paving/Stormwater
$600,000.00
2. The maximum principal amount of debt expected to be issued for such
project is $600,000.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
COUNCIL AGENDA MEMO
ITEM NO. IV - #10
FROM:
MEETING:
March 27, 2012
SUBJECT:
2011 Part 5 Improvements; Truck Washout Facility
PRESENTER:
Discussion:
At the October 11, 2011 Council meeting the City Council awarded the bid to Midlands
Contracting in the amount of $150,967.35 for the 2011 Part 5 Improvements consisting of a
large equipment washout and waste material storage facility located on current City property
located at 1919 15th Avenue. Funding for the facility has been approved by the NDEQ utilizing
LB1226 stormwater grant funding. The washout facility will aid the Transportation Department
in the proper separation and disposal of street sweepings and debris accumulated during our
storm sewer cleaning operations. As part of the City’s Stormwater Permit, the City must
address pollution prevention issues and make every effort to reduce pollutant discharge
potential from our operations. The construction of this facility will greatly reduce discharge from
heavy equipment washing at the transportation facility.
On November 22, 2011 the Council approved Change Order No. 1 for a decrease in the
amount of $13,239.00 reflecting cost associated with redesign required after the bid. The
contractor has now submitted Change Order No. 2 for an increase in the amount of $6,311.00
reflecting cost associated with overexcavation and connecting a 2-inch water service in the
existing garage. The original contract price was $150,967.35 and the new contract price
including all Change Orders will be $144,039.35.
Fiscal Note:
Funding for the facility has been approved by the NDEQ utilizing LB1226 stormwater grant
funding.
Recommended Action:
Administration and the engineer, Miller & Associates, recommend adoption of the resolution
approving the change order showing an increase in the amount of $6,311.00.
WHEREAS, Midlands Contracting of Kearney, Nebraska has performed services in
connection with the 2011 Part 5 Improvements; Truck Washout Facility, and the City's
engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2
showing an increase in the amount of $6,311.00, as shown on Exhibit “A” attached
hereto and made a part hereof by reference; and
Contract Sum To Date
$150,967.35
- 13,239.00
+ 6,311.00
$144,039.35
Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as shown
on Exhibit “A”, be and is hereby accepted and approved.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
COUNCIL AGENDA MEMO
ITEM NO. IV - #11
FROM:
MEETING:
March 27, 2012
SUBJECT:
2010 Part 5 Improvements – Bid B
PRESENTER:
Discussion:
On October 20, 2010 the City Council awarded the bid in the amount of $1,634,697 to Paulsen
Inc. for the construction of 2010 Part 5 Improvements consisting of the construction of storm
sewer and pavement for the work associated with the new KPS northwest school site. This
work includes improvements to the 56th Street pavement at 11th Avenue, the construction of
storm sewer and pavement in 11th Avenue from 56th Street to 60th Street, 59th Street Place
from 11th Avenue east approximately 150 feet, 58th Street from approximately 600 feet west
of 11th Avenue to approximately 150 feet east of 11th Avenue, and 60th Street from 11th
Avenue east approximately 600 feet.
On December 27, 2011 the City Council approved Change Order No. 1 in the amount of
$200,213.01 for additional work which brought the contract price to $2,016,608.01. The
contractor has now submitted Change Order No. 2 to adjust contract quantities to actual
quantities installed. The original Contract Price was $1,634,697.50; the net increase resulting
from all Change Orders is $112,253.81, and the new Contract Price including all Change
Orders will be $1,746,951.31. Additionally, the contractor has submitted the final pay request in
the amount of $34,939.03. The contractor has completed the project and a certificate of
substantial completion is attached.
Fiscal Note:
year’s budget.
Recommended Action:
Administration and the engineer, Miller & Associates, recommend adoption of a resolution
approving Change Order No. 2, approving the final payment in the amount of $34,939.03, and
accepting the Certificate of Substantial Completion.
WHEREAS, Paulsen Inc. of Cozad, Nebraska has performed services in connection with the
2010 Part 5 Improvements – Bid B consisting of Paving Improvement District No. 2010-944
commencing at a point 250 feet east of 11th Avenue and from a point 250 feet west of 11th
Avenue in and including all of 56th Street, and commencing at the south line of 56th Street
thence northerly to the north line of Spruce Hollow Boulevard in and including all 11th Avenue,
57th Street Place, 59th Street, 61st Street, 61st Street Place, 62nd Street Place and Spruce
Hollow Boulevard, and the City's engineer, Miller & Associates, have filed with the City Clerk
Change Order No. 2 showing an decrease in the amount of $87,959.20, as shown on Exhibit “A”
attached hereto and made a part hereof by reference; and
WHEREAS, the contractor and the City's engineer have filed with the City Clerk Application
and Certificate for Payment No. 9-Final in the amount of $34,939.03, as shown on Exhibit “B”
attached hereto and made a part hereof by reference and as follows:
Contract Sum To Date
Gross Amount Due
Retainage
Amount Due to Date
Less Previous Certificates for Payment
Current Payment Due
$1,634,697.50
+ 200,213.01
87,959.20
1,746,951.31
1,746,951.31
.00
1,746,951.31
1,712,012.28
$ 34,939.03
WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work
is completed as of December 15, 2011, as shown by Exhibit “C” attached hereto and made
a part hereof by reference.
Kearney, Nebraska, and hereby find and determine that Change Order No. 2, as shown on
Exhibit “A”, Application and Certificate for Payment No. 9-Final, as shown on Exhibit “B”,
and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby
accepted and approved.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
COUNCIL AGENDA MEMO
ITEM NO. IV - #12
FROM:
MEETING:
March 27, 2012
SUBJECT:
Consultant Agreement for AIP Project No. 3-31-0045-24
PRESENTER:
Discussion:
The Kearney Municipal Airport continues to upgrade airport facilities. The Kearney Capital
Improvement Program (CIP) and the Federal Aviation Administration’s (FAA) Airport
Improvement Program (AIP) both include projects to (1) resurface and expansion of the
Terminal parking lot, (2) seal coat airline and general aviation apron, (3) reconstruction of
pavement on Runway 18/36 and A, C Taxiway, and (4) extension of Runway 13/31, and F
Taxiway.
In order to proceed with the seal coating project which includes the Terminal Ramp, Runway
13/31 and Surface Painted Holding Position Signs (SPHPS), the City Council on January 25,
2011 entered into a Consultant Agreement with Alfred Benesch and Company to begin the
design of the project. The Consultant Agreement only included design and bidding services.
The City wants to supplement/expand the scope of the Consultant Agreement by adding redesign, re-bidding, construction observation and material testing services to the original
agreement. The additional re-design and re-bidding services are required following the bid
openings conducted on June 29, 2011 and again on August 3, 2011. Attached is Amendment
No. 1 to the Consultant Agreement which sets forth the amendments to the original agreement.
Fiscal Note:
This project was included in the 2011-2012 City of Kearney budget. The FAA will fund 95
percent of the project costs and the City of Kearney will be responsible for the remaining 5
percent of the project costs.
Recommended Action:
Staff recommends authorizing the Mayor to execute Amendment No. 1 to the Consultant
Agreement with Alfred Benesch and Company for the seal coating project which includes
Runway 13/31 Repairs and Airfield Marking at the Kearney Regional Airport.
WHEREAS, on January 25, 2011, the City Council passed Resolution No. 2011-4
authorizing the Mayor to execute the Consultant’s Agreement with Alfred Benesch and
Company for architect/engineering services for the design and bidding phases of AIP
Project No. 3-31-0045-24; the Terminal Ramp Sealcoat, Runway 13/31, and Surface
Painted Holding Position Signs (SPHPS) Marking at the Kearney Regional Airport; and
WHEREAS, additional re-design and re-bidding services are required following the
bid openings conducted on June 29, 2011 and August 3, 2011; and
WHEREAS, it is mutually agreed between the parties to amend the Consultant
Agreement for Services to include re-design, re-bidding, construction observation, and
material testing services.
WHEREAS, it is mutually agreed between the parties to amend the Consultant
Agreement for Services to include construction observation and material testing
services.
Kearney, Nebraska, that the President of the Council be and is hereby authorized and
directed to execute Amendment No. 1 to the Consultant Agreement with Alfred Benesch
& Company for include re-design, re-bidding, construction observation and material
testing services for the Terminal Apron Sealcoat, Runway 13/31 Repairs and Airfield
Marking at the Kearney Regional Airport being funded under the FAA Airport
Improvement Program AIP 3-31-0045-27 (formerly AIP-3-31-0045-24). A copy of
Amendment No. 1, marked as Exhibit A, is attached hereto and made a part hereof by
reference.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
COUNCIL AGENDA MEMO
ITEM NO. IV - #13
FROM:
Suzanne Brodine, Assistant City Manager
MEETING:
March 27, 2012
SUBJECT:
Downtown Parking Closure
PRESENTER:
Discussion:
The Museum of Nebraska Art has been reserved, one year in advance, for a wedding
ceremony on May 19. This is also the date of the fifth annual Wine and Jazz Festival. As the
Festival is staged in the public parking lot north of MONA, parking for the wedding event will be
challenging.
At the request of the Community Foundation, MONA, and the wedding party, City staff has
developed a plan to provide adequate parking to serve the needs of the wedding and maintain
access to the Festival. City staff requests the following parking closures for the use of the
wedding from 7:00 a.m. to 7:00 p.m.:
Central Avenue from 24th Street to 25th Street, East and West sides
24th Street from Central Avenue to Avenue A, North side
“City Hall Parking Lot” southwest of 23rd Street and Avenue A
The City will provide a minimum of one police officer between 3:30 p.m. and 6:30 p.m. to direct
traffic. Staff will set up and remove signage and cones/barriers on Saturday.
Fiscal Note:
There is no fiscal impact to the City of Kearney.
Recommended Action:
Staff recommends approval of parking closures from 7:00 a.m. to 7:00 p.m. on Saturday, May
19 on the east and west sides of Central Avenue from 24th Street to 25th Street, the north side
of 24th Street from Central Avenue to Avenue A, and the “City Hall Parking Lot” located
southwest of 23rd Street and Avenue A.
COUNCIL AGENDA MEMO
ITEM NO. IV - #14
FROM:
MEETING:
March 27, 2012
SUBJECT:
Holiday Inn Special Designated License for April 14, 2012
PRESENTER:
Discussion:
The City received an application for a Special Designated License to cater a fund raiser
located inside a tent in the parking lot located north of the Museum of Nebraska Art and inside
the Museum of Nebraska Art on April 14, 2012. Paul Younes owns a catering business and
has substantial experience in managing these types of events. Mr. Younes has conducted
similar events without incident or problems.
I have spoken with Police Chief Dan Lynch on this event and he did not foresee any problems.
The Council has the authority to review and either approve or deny the issuance of a special
designated license for alcohol sales. If the Council chooses to approve the application, they
will be forwarded to the Nebraska Liquor Control Commission for further processing. If the
Council chooses to deny the application, that is the final decision and they are not forward to
the Liquor Commission.
Fiscal Note:
There are no adverse financial considerations regarding this application.
Recommended Action:
Staff recommends approval of the application as submitted by Holiday Inn.
COUNCIL AGENDA MEMO
ITEM NO. IV - #15, 16 & 17
FROM:
MEETING:
March 27, 2012
SUBJECT:
Cunningham’s Journal Special Designated License for April 14, 21, and
28, 2012
PRESENTER:
Discussion:
The City has received three applications for a Special Designated License to cater alcoholic
liquor at the Buffalo County Fairgrounds on April 14, 2012 for a boxing event and again on
April 21 and 28, 2012 for two receptions.
These are typical requests and have been granted in the past. Cunningham’s Journal owns a
catering business and has substantial experience in managing these types of events. They
have conducted similar events without incident or problems. The facilities are appropriate and
have been used in a similar manner in the past.
I have spoken with Police Chief Dan Lynch on these events and he did not foresee any
problems. They have not had any liquor violations in 2011.
designated license for alcohol sales. If the Council chooses to approve the application, they
will be forwarded to the Nebraska Liquor Control Commission for further processing. If the
Council chooses to deny the application, that is the final decision and they are not forward to
the Liquor Commission.
Fiscal Note:
There are no adverse financial considerations regarding these applications.
Recommended Action:
Staff recommends approval of the applications as submitted by Cunningham’s Journal.
COUNCIL AGENDA MEMO
ITEM NO. IV - #18
FROM:
MEETING:
March 27, 2012
SUBJECT:
Special Designated License; El Tropico for May 5, 2012
PRESENTER:
Discussion:
This request is similar to those submitted by Mr. Lazo in the past. Mr. Lazo holds these
dances on a fairly frequent basis. These large dances are well attended and over the most
recent events, have not created problems. This event will take place in the Exhibit Building on
May 5, 2012 from 6:00 p.m. until 1:00 a.m. The Police Department has been notified and they
do not foresee any problems with this event.
designated license for alcohol sales. If the Council chooses to approve the application, it will
be forwarded to the Nebraska Liquor Control Commission for further processing. If the Council
chooses to deny the application, that is the final decision and it is not forward to the Liquor
Commission.
Fiscal Note:
There are no adverse financial considerations regarding the application.
Recommended Action:
Staff recommends approval of the application submitted by Mr. Lazo.
COUNCIL AGENDA MEMO
ITEM NO. V - #1
FROM:
MEETING:
March 27, 2012
SUBJECT:
Tech Park Land/Improvements Funding
PRESENTER:
No Presenter – Consent Agenda Ordinance
Discussion:
As you will recall, on February 14, 2012, the City Council approved Resolution No. 2012-25
authorizing the City Manager to execute an Option to Purchase Agreement on behalf of the
City of Kearney for the purchase of 53.34 acres from Two Sisters Farms, Inc. for the purpose
of expanding the Tech Park. In order to prepare the property for future data centers,
improvements to the Tech Park such as moving the NRD channel to the south end of the
property and the construction of a hotel carrier are also needed at this time. The total cost of
purchasing the additional land and the estimated cost of constructing the improvements total
$1,700,150 and are detailed as follows:
Land (53.34 acres)
NRD channel relocation
Hotel carrier
$1,200,150
$ 300,000
$ 200,000
Fiscal Note:
Funding for this project is not included in the current budget, therefore, administration is
recommending that a short-term promissory note in the amount of $1,700,000 be issued by the
City and purchased by the City’s General Fund to fund the project. The proceeds of the note
will be placed in the City’s Economic Development Fund to provide funding for the project
costs. This transaction will be in the form of a formal promissory note as allowed pursuant to
State Statute 18-1750. By law the term of the note cannot exceed two years, however, since
the intention is to repay the note over a five-year period, the note will be renewable every two
years. The interest rate will be 0.50%; therefore, the annual payment will be $345,116.96.
Funding will be included in the Special Sales Tax Fund to repay the note over the next five
years.
Recommended Action:
Administration recommends approval of the ordinance providing for the issuance of a
promissory note in the amount of $1,700,000.00 for the purpose of funding the purchase of
53.34 acres of land to expand the Tech Park and for funding the NRD channel relocation and
the construction of a hotel carrier.
ORDINANCE NO. _____
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF A PROMISSORY
NOTE IN THE AMOUNT OF $1,700,000 FOR THE PAYMENT OF CLAIMS
AGAINST THE CITY RELATING TO CAPTIAL EXPENDITURES FOR
PURCHASING/IMPROVING DATA CENTER REAL PROPERTY; AGREEING
TO PAY THE NOTES AND ACCRUED INTEREST FROM FUNDS
COLLECTED OR TO BE COLLECTED UPON CURRENT OR SUBSEQUENT
TAX LEVY AND ORDERING THE PUBLICATION OF THE ORDINANCE IN
PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF KEARNEY,
NEBRASKA:
Section 1. The Mayor and Council of the City of Kearney, Nebraska, hereby find
and determine that it is necessary for the City to borrow money pursuant to Section 18-1750, R.R.S.
Neb. 1997, in order to meet claims against the City’s Economic Development Fund for capital
expenditures to purchase/improve data center real property; that for purposes of the City’s fiscal
year commencing October 1, 2011, which will be the current fiscal year at the time of issuance of
the note herein authorized (hereinafter the “current fiscal year”) there has been or is to be levied for
the general operation and maintenance of the City a general fund levy of $2,156,039; that the total
anticipated receipts for the current fiscal year and the immediately following fiscal year, as defined
by said Section 18-1750 is $4,312,078; that as of October 1, 2011, the total receipts from the levy
for the current fiscal year are to be $0.00; leaving an unexpended balance of the total levy for
general fund purposes for the current fiscal year and the immediately following fiscal year of not
less than $4,312,078; that as of the date hereof and as of October 1, 2011, there are registered
warrants or notes of the City outstanding against said levy in the amount of $782,960.30; that in
order to enable the City to pay claims against its Economic Development Fund as the same fall due,
including payment of capital improvement costs as described in this Section 1, it is necessary and
advisable for the City to borrow money and issue its negotiable promissory notes as provided under
Section 18-1750 in the amount of $1,700,000.
Section 2. For the purpose of providing money to pay claims against the City until
sufficient moneys are received from the collection of the current or subsequent tax levy or from
other sources, the City is hereby authorized to issue and sell its Promissory Note in the amount of
$1,700,000 (the “Note”) with said note to bear interest at the rate per annum and become due as
follows:
Principal Amount
Maturity Date
Interest Rate
$1,700,000
April 1, 2013
0.50%
The Note shall be issued on or after April 1, 2012 and shall be dated as of the date of delivery
thereof. The Note shall be optional for prepayment, in whole or in part, at any time thereafter at par
plus accrued interest and shall bear interest from the date of delivery thereof until maturity or earlier
redemption, payable at maturity or upon earlier redemption. Any partial prepayment shall be noted
on the Note by the Paying Agent and Registrar (as designated in Section 3 hereof). Interest on the
Note shall be simple interest, at the rate per annum shown above, calculated on the basis of the
actual number of days within a year of 365 or 366 days (as the case may be). The Note shall be
executed on behalf of the City of Kearney by the manual signatures of the Mayor and Clerk and
shall have the City’s seal affixed thereto. The Note shall be delivered to the City Treasurer acting
for and on behalf of the City of Kearney upon receipt of payment for the Note at the principal
amount thereof. Interest on the Note shall not be excludable from gross income for purposes of
taxation of income under the Internal Revenue Code of 1986, as amended, and no Form 8038G
shall be filed with respect thereto.
2
Section 3. The Note shall be in fully registered form pursuant to Section 10-135,
R.R.S. Neb. 1997. The City Treasurer is hereby designated as Paying Agent and Registrar for the
Note. Said Paying Agent and Registrar shall keep and maintain for the City books for the
registration and transfer of the Note at the City’s offices in Kearney, Nebraska. The name and
registered address of the registered owner or owners of the Note shall at all times be recorded in
such books. The Note may be transferred pursuant to its provisions at the office of the Paying
Agent and Registrar upon surrender of the Note for notation of transfer, accompanied by a written
instrument of transfer, in form satisfactory to such Paying Agent and Registrar, duly executed by the
registered owner in person or by such owner’s duly authorized agent, and thereupon the Paying
Agent and Registrar will register the transfer upon the registration books and make notation thereof
on the Note and deliver the same to the transferee registered owner (or send it by registered mail to
the transferee owner at such owner’s expense). The principal, together with accrued interest then
due, shall be payable at maturity or on redemption prior to maturity upon presentation and surrender
of the Note at the City’s offices in Kearney, Nebraska.
Section 4. The Note shall be in substantially the following form:
3
CITY OF KEARNEY, NEBRASKA
PROMISSORY NOTE
Interest Rate
Maturity Date
Date of Delivery
0.50%
April 1, 2013
April 1, 2012
Principal Amount: One Million Seven Hundred Thousand Dollars ($1,700,000)
The City of Kearney, Nebraska, for value received hereby promises to pay to the
registered owner hereof (as shown on the Provision for Registration annexed hereto) on the maturity
date specified above the principal amount specified above with interest thereon from the date of
delivery hereof until maturity (or earlier redemption) at the rate per annum specified above, payable
at maturity. The principal of this note and the interest due at maturity or upon call for redemption
prior to maturity are payable on presentation and surrender to the City Treasurer of the City of
Kearney, Nebraska, as Paying Agent and Registrar for the City, at the City’s offices in Kearney,
Nebraska. The City reserves the option of paying this note, in whole or in part at any time, with
partial prepayments to be noted hereon by the Paying Agent and Registrar. This Note is the single
note of its issue executed and delivered by said City as evidence of money borrowed pursuant to
Section 18-1750, R.R.S. Neb. 1997, and is authorized by an ordinance passed by the Mayor and
Council of said City and is payable out of the funds collected or to be collected upon the current
existing tax levy or immediately subsequent tax levy of said City, said levies being for the fiscal
year beginning October 1, 2011, and the total principal amount of said notes outstanding under said
statutory section as of the date of execution of this note does not exceed 70% of the unexpended
balance of said current existing and immediately subsequent tax levy, as provided in Section 181750, R.R.S. Neb. 1997.
Delivered this 1st day of April, 2012.
(SEAL)
By:______________________________________
Mayor
ATTEST:
___________________________________
City Clerk
4
PROVISION FOR REGISTRATION
The ownership of this note shall be registered as to both principal and interest on the
books and records of the City of Kearney, Nebraska, kept by the Paying Agent and Registrar
identified in the foregoing note, who shall make notation of such registration in the registration
blank below and the transfer of this note may thereafter be registered only upon an assignment duly
executed by the registered owner or such owner’s attorney or legal representative, in such form as
shall be satisfactory to said Paying Agent and Registrar, such registration of transfer to be made on
such books and endorsed hereon by said Paying Agent and Registrar. This note has also been
registered pursuant to Section 18-1750, R.R.S. Neb. 1997.
Date of Registration
April 1, 2012
Name of Registered Owner
City of Kearney, Nebraska
(General Fund)
5
Signature of Paying Agent and
Registrar
Section 5. After the execution of the Note, it shall be registered with the Treasurer
of the City, as provided by Section 18-1750, R.R.S. Neb. 1997, and thereafter delivered to the City
Treasurer in the separate capacity of finance officer for the City for the purchase price stated in
Section 2 of this ordinance. The Note shall be payable out of funds collected or to be collected upon
the current existing general fund levy or immediately subsequent general fund levy of the City or
from other sources of the City available for such purpose.
Section 6. Notice of the call of the Note for payment prior to maturity shall be
sufficient if it has been delivered in person or sent by mail at least seven days prior to the
redemption date to the registered owner of the Note. Such notice may be waived in writing by the
registered owner of the Note.
Section 7. Investment in the Note by the City Treasurer acting for fund or funds
related to the City’s General Fund is hereby authorized.
Section 8. This ordinance shall be published in pamphlet form and take effect as
provided by law.
PASSED AND APPROVED this 27th day of March, 2012.
_______________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
6
COUNCIL AGENDA MEMO
ITEM NO. V - #2, 3, 4
FROM:
MEETING:
March 27, 2012
SUBJECT:
Infrastructure Improvements for 13th Street Place West of 17th Avenue
PRESENTER:
No Presenter – Consent Agenda Ordinances
Discussion:
Attached is a letter from Ron Grapes, President of Sun Development, Inc. requesting paving,
water and sanitary sewer districts be created for 13th Street Place from 17th Avenue to its
terminus in a cul-de-sac. The City notified Mr. Grapes on the estimate for the project and
wants the City to proceed with the creation of the districts.
Chapter 16 of the Nebraska Revised Statutes sets out the rules by which water, sewer and
paving districts may be created by public entities. The Council has the authority to create
districts and make improvements and assess the costs to the property that is benefited by the
improvements. The Mayor and Council, by ordinance, shall create districts according to
Sections 16-619 and 16-667 of the Nebraska Revised Statutes. At that time, the City must
publish notice of the creation of the district one time each week for not less than 20 days in a
daily or weekly newspaper of general circulation in the City. After publication, if the owners of
record title representing more than 50 percent of the front footage of the property abutting or
adjoining any continuous or extending improvements objects in writing within 20 days (30 days
for water and sewer) from the first publication of said notice the work will not be done. If
objections are not filed against the district in a timely manner that meets the law, the Mayor
and Council shall proceed to construct such improvements.
Fiscal Note:
Section 57-102 of the Kearney City Code requires the developer to deposit fifty percent of the
total estimated costs of the districts. The remaining unpaid costs of the improvements shall be
assessed against the property in said districts on a basis of special benefit to the property, if
any, as provided by law.
Recommended Action:
Staff recommends approval of the ordinances creating paving, water and sanitary sewer
districts.
ORDINANCE NO. 7711
AN ORDINANCE TO CREATE PAVING IMPROVEMENT DISTRICT NO. 2012-951;
TO PROVIDE FOR THE DEFINITION OF THE BOUNDARIES AND TO PROVIDE
FOR THE IMPROVEMENT OF A CERTAIN STREET THEREIN; TO PROVIDE FOR
THE ASSESSMENT OF COSTS OF IMPROVEMENTS REMAINING UNPAID AFTER
DEDUCTION OF DEVELOPER DEPOSIT TO THE PROPERTY ABUTTING
THEREON IN SAID DISTRICT BENEFITED THEREBY; TO REPEAL ALL
ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT
HEREWITH; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY THE
AUTHORITY OF THE CITY COUNCIL AND EFFECTIVE DATE OF THIS
ORDINANCE.
BE IT ORDAINED BY THE PRESIDENT AND CITY COUNCIL OF THE CITY OF
KEARNEY, NEBRASKA:
Section 1. Paving Improvement District No. 2012-951. There is hereby created
within the City of Kearney, Nebraska, Paving Improvement District No. 2012-951 which
shall consist of the following described real estate; to-wit:
Commencing at the west right-of-way line of 17th Avenue, thence west in
and including all of 13th Street Place to its terminus in a cul-de-sac, and
including all lots and lands abutting thereon more particularly described as
Lots 19, 20, 21, 22, 23, 24, and 25 of Block Two, Sun West Third Addition,
an addition to the City of Kearney, Buffalo County, Nebraska, as shown on
Exhibit “A,” attached hereto and made a part hereof.
The street to be improved in said district by paving, curbing, draining,
including storm sewers, and incidental work is all of 13th Street Place
from the west right-of-way line of 17th Avenue, thence west to its terminus
in a cul-de-sac, and including all lots and lands abutting thereon, all in
Buffalo County, Nebraska.
Section 2. Developer shall deposit with the City fifty percent (50%) of the total
estimated cost of the district as required by Section 57-102 “Application and Procedure”
of Chapter 57 “Improvement Financing and Guarantees” of the Unified Land
Development Ordinance, being a part of the Code of the City of Kearney. The street
improvements shall then be constructed under the supervision of the City Manager and
the remaining unpaid costs of improvements to be made in Paving Improvement District
No. 2012-951, except street and alley intersections, shall be assessed against the
property in said district on a basis of special benefit to the property, if any, as provided
by law.
Section 3. The public is also hereby notified that Ordinance No. 7711 is subject to
limited referendum for a period of thirty (30) days after the first publication of this
Ordinance No. 7711
Page 2
Ordinance and that, after the expiration of the said thirty (30) days, Ordinance No. 7711
and any measures related to it, will not be subject to any further right of referendum.
Section 4. To repeal all ordinances and resolutions or parts of ordinances and
resolutions in conflict herewith.
Section 5. This Ordinance shall be in full force and effect from and after its
form by the authority of the Mayor and Council.
Section 6. After the passage, approval and publication of this Ordinance, Notice of
the Creation of said District shall be published one time each week for not less than
twenty (20) days in the Kearney Hub, a legal newspaper of the City.
INTRODUCED BY COUNCIL MEMBER
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
NOTICE OF CREATION OF
PAVING IMPROVEMENT DISTRICT NO. 2012-951
ORDINANCE NO. 7711
Notice is hereby given that the President and Council of the City of Kearney,
Nebraska, have by Ordinance No. 7711 created Paving Improvement District No. 2012951 which shall consist of the following described real estate; to-wit:
an addition to the City of Kearney, Buffalo County, Nebraska.
The street to be improved in said district by paving, curbing, draining,
including storm sewers, and incidental work is all of 13th Street Place
from the west right-of-way line of 17th Avenue, thence west to its terminus
in a cul-de-sac, and including all lots and lands abutting thereon, all in
Buffalo County, Nebraska.
If the owners of record title representing more than fifty percent (50%) of the front
footage of the property abutting any continuous or extended street, cul-de-sac or alley
of the district and who were such owners at the time the ordinance creating such district
was published, shall file with the City Clerk within twenty (20) days of the first
publication of this Notice written objections to the improvements of said district, said
work shall not be done in said district under said ordinance and said ordinance shall be
repealed. If objections are not filed against said district in such time and manner, the
President and Council shall forthwith proceed to construct the improvements in
accordance with Ordinance No. 7711, and will assess the remaining unpaid costs
thereof, after deduction of the fifty percent (50%) deposit by developer, to the property
of said district benefited thereby in proportion to the benefits.
The public is also hereby notified that Paving Improvement District No. 2012-951,
created by Ordinance No. 7711 is subject to limited referendum for a period of thirty (30)
days after the first publication of this Notice and that, after the expiration of said thirty
(30) days, Paving Improvement District No. 2012-951 and any measures related to it,
will not be subject to any further right of referendum. This Notice is first published on
March 30, 2012.
Owners of land included in the said district which is adjacent to, but not within the
City limits, and which is (1) within an agricultural use zone and (2) used exclusively for
Notice-Ordinance No. 7711
Page 2
agricultural use as those terms are defined by Nebraska Revised Statutes, Sections 192428 through 19-2431 inclusive, and Section 77-1359 may be entitled to an agricultural
deferral of assessments. Owners of record title must make application to the City
Council within ninety (90) days after creation of this improvement district. Copies of the
statutes are available to the public at the office of the City Clerk.
Copies of Ordinance No. 7711, as published in pamphlet form by authority of the
City Council, are available to the public at the Office of the City Clerk, City Hall, 18 East
22nd Street, Kearney, Nebraska.
ATTEST:
STANLEY A. CLOUSE
CITY CLERK
Publish:
March 30, April 6, 13, 2012
2 Affidavits
ORDINANCE NO. 7712
AN ORDINANCE OF THE CITY OF KEARNEY, NEBRASKA TO CREATE WATER
DISTRICT NO. 2012-563; TO PROVIDE FOR THE LAYING OF WATER MAINS IN
SAID DISTRICT UNDER THE SUPERVISION OF THE CITY MANAGER; TO
PROVIDE FOR THE ASSESSMENT OF SAID IMPROVEMENTS, AFTER THE
DEDUCTION OF DEVELOPER DEPOSIT, TO THE PROPERTY ABUTTING
THEREON IN SAID DISTRICT BENEFITTED THEREBY; TO REPEAL ALL
ORDINANCE.
KEARNEY, NEBRASKA:
Section 1. Water District No. 2012-563. There is hereby created the following water
district to be known as Water District No. 2012-563; to-wit:
Section 2. That said water district is hereby ordered laid pursuant to Section 16-667
of the Nebraska Revised Statutes. Upon deposit of fifty percent (50%) of the total
estimated cost of the district with the City by the developer as required by Section 57102 of the Unified Land Development Ordinance being a part of the Kearney City Code,
an eight inch ductile iron pipe shall be prepared and constructed in said water district
under the direction and supervision of the City Manager, and the remaining actual costs
of improvements after being duly certified by the President and Council shall be charged
and assessed against the real property in said district as provided by law.
Ordinance No. 7712
Section 5.
Page 2
This Ordinance shall be in full force and effect from and after its
form by the authority of the City Council.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
NOTICE OF CREATION OF WATER DISTRICT NO. 2012-563
ORDINANCE NO. 7712
Nebraska, have by Ordinance No. 7712 created Water District No. 2012-563 which shall
consist of the following described real estate; to-wit:
footage of the property abutting any continuous or extended street, cul-de-sac, alley or
parts thereof which are within the proposed district and who were such owners at the
time the ordinance creating such district was published, shall file with the City Clerk
within thirty (30) days of the first publication of this Notice, written objections to the
improvements of said district, said work shall not be done in said district under said
ordinance and said ordinance shall be repealed. If objections are not filed against said
district in such time and manner, the President and Council shall forthwith proceed to
construct the improvements in accordance with Ordinance No. 7712, and will assess
the costs thereof remaining unpaid after deduction of the fifty percent (50%) deposit by
developer, to the property of said district specially benefitted thereby in proportion to the
benefits.
The public is also hereby notified that Water District No. 2012-563, created by
Ordinance No. 7712 is subject to limited referendum for a period of thirty (30) days after
the first publication of this Notice and that, after the expiration of said thirty (30) days,
Water District No. 2012-563 and any measures related to it, will not be subject to any
further right of referendum. This Notice is first published on March 30, 2012.
agricultural use as those terms are defined by Sections 19-2428 through 19-2431
inclusive, and Section 77-1359 of the Nebraska Revised Statutes may be entitled to an
agricultural deferral of assessments. Owners of record title must make application to
the City Council within ninety (90) days after creation of this improvement district.
Copies of the statutes are available to the public at the office of the City Clerk.
Page 2
ATTEST:
STANLEY A. CLOUSE
CITY CLERK
Publish:
March 30, April 6, 13, 2012
2 Affidavits
ORDINANCE NO. 7713
AN ORDINANCE OF THE CITY OF KEARNEY, NEBRASKA TO CREATE SANITARY
SEWER DISTRICT NO. 2012-503; TO PROVIDE FOR THE LAYING OF SEWER
MAINS IN SAID DISTRICT UNDER THE SUPERVISION OF THE CITY MANAGER;
TO PROVIDE FOR THE ASSESSMENT OF SAID IMPROVEMENTS, AFTER THE
DEDUCTION OF DEVELOPER DEPOSIT, TO THE PROPERTY ABUTTING
THEREON IN SAID DISTRICT BENEFITTED THEREBY; TO REPEAL ALL
ORDINANCE.
KEARNEY, NEBRASKA:
Section 1. Sanitary Sewer District No. 2012-503. There is hereby created the
following sewer district to be known as Sanitary Sewer District No. 2012-503; to-wit:
Section 2. Construction is to be eight (8) inch vitrified clay pipe and such necessary
manholes, Y’s, flush tanks, water connections and other accessories as may be ordered
by the City Manager to be laid in said district.
Section 3. That said sewer district is hereby ordered laid pursuant to Neb. Rev.
Stat. § 16-667, as amended. Developer shall deposit with the City fifty percent (50%) of
the total estimated cost of the district as required by Section 57-102 “Application and
Procedure” of Chapter 57 “Improvement Financing and Guarantees” of the Unified Land
Development Ordinance, being a part of the Code of the City of Kearney. The sewer
improvements shall then be constructed under the supervision of the City Manager, and
the costs of the improvements remaining unpaid after deduction of the deposit by
developer shall be charged and assessed against the lots and lands within the district
according to special benefit to the property, as provided by law.
Ordinance No. 7713
Page 2
Section 6. This Ordinance shall be in full force and effect from and after its
form by the authority of the City Council.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
NOTICE OF CREATION OF
SANITARY SEWER DISTRICT NO. 2012-503
ORDINANCE NO. 7713
Nebraska, have by Ordinance No. 7713 created Sanitary Sewer District No. 2012-503
which shall consist of the following described real estate; to-wit:
footage of the property abutting any continuous or extended street, cul-de-sac, alley or
parts thereof which are within the proposed district and who were such owners at the
time the ordinance creating such district was published, shall file with the City Clerk
within thirty (30) days of the first publication of this Notice, written objections to the
improvements of said district, said work shall not be done in said district under said
ordinance and said ordinance shall be repealed. If objections are not filed against said
district in such time and manner, the President and Council shall forthwith proceed to
construct the improvements in accordance with Ordinance No. 7713, and will assess
the costs thereof remaining unpaid after deduction of the fifty percent (50%) deposit by
developer, to the property of said district specially benefited thereby in proportion to the
benefits.
The public is also hereby notified that Sanitary Sewer District No. 2012-503, created
by Ordinance No. 7713 is subject to limited referendum for a period of thirty (30) days
after the first publication of this Notice and that, after the expiration of said thirty (30)
days, Sanitary Sewer District No. 2012-503 and any measures related to it, will not be
subject to any further right of referendum. This Notice is first published on March 30,
2012.
agricultural use as those terms are defined by Nebraska Revised Statutes, Sections 192428 through 19-2431 inclusive, and Section 77-1359 may be entitled to an agricultural
deferral of assessments. Owners of record title must make application to the City
Page 2
Council within ninety (90) days after creation of this improvement district. Copies of the
statutes are available to the public at the office of the City Clerk.
ATTEST:
STANLEY A. CLOUSE
CITY CLERK
Publish:
March 30, April 6, 13, 2012
2 Affidavits
COUNCIL AGENDA MEMO
ITEM NO. VI - #1
FROM:
Suzanne Brodine, Assistant City Manager
MEETING:
March 27, 2012
SUBJECT:
Proposed Tax Increment Financing Project
PRESENTER:
Jon Abegglen, Chairman, Kearney CRA
On February 22, 2012 the Kearney Community Redevelopment Authority (CRA) approved a
Tax Increment Financing (TIF) application submitted by Mark Benjamin and Mike Kalb, on
behalf of Great Western Properties, L.L.C., for a 25 unit housing development project located
in Area 5. Chairman Jon Abegglen made an administrative correction to the TIF
recommendation on March 22, 2012 to adjust the TIF period and percentage and retain the
maximum cap of $335,000.00. The attached maps outline Area 5 and the project site.
The CRA recognized that significant blight and substandard factors exist in the area and that
redevelopment in Area 5, particularly housing, would be beneficial to the City of Kearney. This
TIF project ameliorates such factors on the project site and creates a substantial investment in
land purchase, site preparation and infrastructure which would not be possible without tax
increment financing. The property has not yet been purchased by the developer, although an
option agreement is in place. Purchase price and infrastructure costs including dirt work, water
and sewer infrastructure, drainage, and paved parking pose a significant impact on
development. Total estimated eligible costs are $398,465.46.
The total new valuation of the property is estimated to be $1,275,000. The most recent
valuation was $234,755.00. This project is estimated to generate an increased tax increment
of $1,040,245.00.
Fiscal Note:
Up to ninety-eight percent of the increased tax increment, approximately $32,536.00 annually,
will be used to pay for eligible land, site preparation, and infrastructure costs over the next 10
years. Taxing authorities will see an immediate total revenue increase of approximately
$700.00.
Recommended Action:
The Community Redevelopment Authority recommends approval of the development project
proposed by Great Western Properties, L.L.C. to use Tax Increment Financing not to exceed
the lessor of 98 percent or $325,000 of the increased tax increment to eligible expenditures in
Redevelopment Area 5 over a 10-year period.
WHEREAS, the City of Kearney, Nebraska, a municipal corporation and city of the
first class, has determined it be desirable to undertake and carry out urban
redevelopment projects in areas of the City which are determined to be substandard
and blighted and in need of redevelopment; and
WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21,
Nebraska Reissue Revised Statutes of 1991, as amended (the “Act”), prescribes the
requirements and procedures for the planning and implementation of redevelopment
projects; and
WHEREAS, the City has declared an area of the City to be substandard and
blighted and in need of redevelopment pursuant to the Act; and
WHEREAS, the Community Redevelopment Authority of the City of Kearney,
Nebraska (the “Authority”), has prepared a Redevelopment Plan for Area #5 pursuant to
Section 18-2111 of the Act (“Redevelopment Plan”), and recommended the
Redevelopment Plan to the Planning Commission of the City; and
WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan
pursuant to the Act and submitted its recommendations, if any, to the Authority,
pursuant to Section 18-2114 of the Act; and
WHEREAS, in accordance with Section 18-2114 of the Act, the Authority submitted
its recommendation, along with the recommendation from the Planning Commission to
the City Council; and
WHEREAS, following consideration of the recommendations of the Planning
Commission and the Authority, and following the public hearing with respect to the
Redevelopment Plan, the City approved the Plan; and
WHEREAS, there has been presented to the City by the Authority for approval
pursuant to and in accordance with Section 18-2119 of the Act a specific
Redevelopment Project within the Redevelopment Plan and as authorized in the
Redevelopment Plan, as legally described as a tract of land described as the south 49
feet of Lot 2, all of Lots 3, 4, 5, 6, 9, 10, and the south 49 feet of Lot 11, all in Block 9,
the south 30 feet of Lot 8, Block 9 thereof; and
WHEREAS, the City Council has determined that the proposed Redevelopment
Project would not be economically feasible without the use of tax increment financing;
that the proposed Redevelopment Project would not occur in the community without the
Page 2
use of tax increment financing, and; that the costs and benefits of the proposed
Redevelopment Project have been found to be in the long-term best interests of the
community.
City of Kearney, Nebraska that:
1. The Redevelopment Plan of the City previously approved for the area
described on the attached Exhibit “A”, including the Redevelopment Project legally
described as a tract of land described as the south 49 feet of Lot 2, all of Lots 3, 4, 5, 6,
Block 9 thereof, is hereby determined to be feasible and in conformity with the general
plan for the development of the City of Kearney as a whole and the Redevelopment
Plan, including the Redevelopment Project identified on Exhibit “A”, is in conformity with
the legislative declarations and determinations set forth in the Act.
2. The City Council hereby determines that the proposed Redevelopment
Project would not be economically feasible without the use of tax increment financing;
that the proposed Redevelopment Project would not occur in the community without the
use of tax increment financing, and; that the costs and benefits of the proposed
Redevelopment Project are found to be in the long-term interests of the community.
3. Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as
amended by this Resolution, and the Authority is hereby directed to implement the
Redevelopment Plan in accordance with the Act.
4. Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real
property in a redevelopment project for the benefit of any public body, included or
authorized in the Plan which is legally described as a tract of land described as the
south 49 feet of Lot 2, all of Lots 3, 4, 5, 6, 9, 10, and the south 49 feet of Lot 11, all in
Buffalo County, Nebraska, excepting therefrom the west 92 feet of Lot 7 and the west
92 feet of the south 30 feet of Lot 8, Block 9 thereof, shall be divided, for a period not to
exceed 10 years after the effective date of the provision, which effective date shall be
March 27, 2012, as follows:
a. That proportion of the ad valorem tax which is produced by the levy at the
rate fixed each year by or for each public body upon the redevelopment project
valuation (as defined in the Act) shall be paid into the funds of each such public body in
the same proportion as are all other taxes collected by or for the body; and
Page 3
b. That proportion of the ad valorem tax on real property in the
redevelopment project in excess of such amount, if any, shall be allocated to and, when
collected, paid into a special fund of the Authority to be used solely to pay the principal
of, the interest on, and any premiums due in connection with the bonds, loans, notes or
advances of money to, or indebtedness incurred by, whether funded, refunded,
assumed, or otherwise, such Authority for financing or refinancing, in whole or in part,
the redevelopment project. When such bonds, loans, notes, advances of money, or
indebtedness, including interest and premiums due, have been paid, the Authority shall
so notify the County Assessor and County Treasurer and all ad valorem taxes upon
taxable real property in such a redevelopment project shall be paid into the funds of the
respective public bodies.
c. Any interest and penalties due for delinquent taxes shall be paid into the
funds of each public body in the same proportion as are all other taxes collected by or
for the public body.
5. The President and City Clerk are authorized and directed to execute and file
with the Treasurer and Assessor of Buffalo County, Nebraska, an Allocation Agreement
and Notice of Pledge of Taxes with respect to the Redevelopment Project substantially
in the form attached hereto as Exhibit “B” with appropriate insertions.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
Exhibit “B”
ALLOCATION AGREEMENT AND NOTICE OF PLEDGE OF TAXES
TO:
County Assessor of Buffalo County, Nebraska and
County Treasurer of Buffalo County, Nebraska
The City of Kearney, Nebraska, and the Community Redevelopment Authority of the
City of Kearney, Nebraska, hereby agree and give notice as follows:
Pursuant to the provisions of Nebraska Revised Statutes, Sections 18-2147 and 182150, notice is hereby given that the Redevelopment Plan adopted by the Community
Redevelopment Authority of the City of Kearney, Nebraska contained a provision that
ad valorem tax levied upon real property described below be divided for a period of 10
years from the effective date of the provision as provided in Section 18-2147: a tract of
land described as the south 49 feet of Lot 2, all of Lots 3, 4, 5, 6, 9, 10, and the south 49
feet of Lot 11, all in Block 9, Kearney Land & Investment Company 2nd Addition to the
City of Kearney, Buffalo County, Nebraska, excepting therefrom the west 92 feet of Lot
7 and the west 92 feet of the south 30 feet of Lot 8, Block 9 thereof.
Notice is hereby given of the pledge of such taxes to the payment of bonds, loans, note,
advances of money or indebtedness incurred pursuant to the Authority’s approval of the
project on February 22, 2012. Pursuant to Section 18-2147, ad valorem taxes levied on
such real property in excess of taxes levied on the Redevelopment Project valuation
shall be paid into a special fund of the Authority. The effective date of the provision shall
be March 27, 2012.
Dated: March 27, 2012.
ATTEST:
STANLEY A. CLOUSE
CITY CLERK
COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF KEARNEY,
NEBRASKA
ATTEST:
JON ABEGGLEN, CHAIRPERSON
TIM MANNLEIN, SECRETARY
Exhibit A
PS
PERSONNEL SERVICES
SMCS SUPPLIES, MATERIALS, AND CONTRACTUAL SERVICES
ER
EQUIPMENT RENTAL
CO
CAPITAL OUTLAY
DS
DEBT SERVICE
Vendor
Clouse, Stanley
NPPD
Amount
$162.18
$77,740.83
Purpose
smcs
smcs
Open Account Claims
March 27, 2012
Page 1

03-27-2012 Packet Mobile

Transcription

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