kearney city council

KEARNEY CITY COUNCIL

AGENDA City Council Chambers, 18 East 22nd Street

December 10, 2013 7:00 p.m.

I ROUTINE BUSINESS

1. Invocation/Moment of Silence.

2. Pledge of Allegiance.

3. Announcement on Open Meetings Act.

4. Roll call.

5. Oral Communication:

Presentation of Kearney Volunteer Fire Department Service Awards: Brad Anderson, 20 years; Max Gintzler, 15 years; Trenton Snow, 15 years; Matt Noffke, 10 years; Brad Norton, 10 years; Wendy Spencer, 5 years; Dan Follmer, 5 years.

Presentation of Firefighter Certificates of Training for completing 2013 Firefighter I Class: Delbert Bickford, Jr., Joshua Geiselman, Nick Looney, Kasey Potter, Daniel Tenorio, Jeremy Feusner, Anthony Hill, Timothy Nickerson, Kortni Shemat, Eric Van Horn.

II UNFINISHED BUSINESS

None.

III PUBLIC HEARINGS 1. Postponed until December 23, 2013. Conduct a public hearing on the Applications submitted

by Miller & Associates (Applicant) for Grand West LLC, a Nebraska Limited Liability Company (Owner): (1) to vacate Lots 1 and 2 of Block One, Fountain Hills Second Addition to the City of Kearney, Buffalo County, Nebraska and consider Ordinance No. 7853; and (2) to rezone from District AG, Agricultural District and District C-2, Community Commercial District to District R-3/PD, Urban Residential Multi-Family (Medium Density)/Planned Development Overlay District property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M, Buffalo County, Nebraska (south of 56th Street and east of 11th Avenue) and consider Ordinance No. 7854.

2. Postponed until December 23, 2013. Conduct a public hearing on the Application submitted by Miller & Associates (Applicant) for Grand West LLC, a Nebraska Limited Liability Company (Owner) for the Final Plat and Subdivision Agreement for Fountain Hills Seventh Addition, an addition to the City of Kearney, Buffalo County Nebraska, for property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M, Buffalo County, Nebraska (south of 56th Street and east of 11th Avenue) and consider Resolution No. 2013-212.

December 10, 2013

3. Postponed until December 23, 2013. Conduct a public hearing on the Application submitted by Miller & Associates (Applicant) for Grand West LLC, a Nebraska Limited Liability Company (Owner) for the annexation of Fountain Hills Seventh Addition, an addition to the City of Kearney, Buffalo County Nebraska, for property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M, Buffalo County, Nebraska (south of 56th Street and east of 11th Avenue) and consider Resolution No. 2013-213.

4. Postponed until December 23, 2013. Conduct a public hearing on the Application submitted by Miller & Associates (Applicant) for Grand West LLC, a Nebraska Limited Liability Company (Owner) for Planned District Development Plan Approval for an apartment complex on property to be zoned District R-3/PD, Urban Residential Multi-Family (Medium Density)/Planned Development Overlay District on property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M, Buffalo County, Nebraska (south of 56th Street and east of 11th Avenue) and consider Resolution No. 2013-214.

5. Conduct a public hearing on the Application submitted by Besi and Zeki, LLC, dba Napolis Italian for a Class I-105578 liquor license located at 320 3rd Avenue, consider the manager application for Florim Ramadani, and consider Resolution No. 2013-233.

6. Conduct a public hearing on the construction of approximately 3,000 LF of 30-inch diameter Northeast Trunk Sanitary Sewer Main and consider Resolution No. 2013-234.

7. Conduct a public hearing on the Application submitted by Horner Lieske McBride & Kuhl Funeral and Cremation Services in Kearney and Eakes Office Plus to rezone from District C-3, General Commercial District to District CBD, Central Business District property described as Lots 19, 20, 21, 65 and 66, Southwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska (2401 and 2421 Avenue A, 110 and 114 East 24th Street) and consider Ordinance No. 7857.

8. Conduct a public hearing on the Applications submitted by Miller & Associates for Arram Equities, Inc. for (1) the vacation of part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and consider Ordinance No. 7858; and (2) the Final Plat for Anderson Park 6th Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska, for property described as a tract of land being part of the Northwest Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M. and formally known as part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska (northeast corner of 11th Street and Avenue M) and consider Resolution No. 2013-235.

9. Postponed until December 23, 2013. Conduct a public hearing on the Applications submitted by Miller & Associates for Turkey Creek Properties, LLC for (1) the vacation of a tract of land located in part of Government Lots 6, 7, 8, 9 and accretions abutting said Lots, all in Section 10, Township 8 North, Range 16 West of the 6th P.M, Buffalo County, Nebraska and consider Ordinance No. 7859; and (2) an amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from Mixed Use 2 to Rural Estates property described as a tract of land located in part of Government Lots 6, 7, 8, 9 and accretions abutting said Lots, all in Section 10, Township 8 North, Range 16 West of the 6th P.M, Buffalo County, Nebraska (Kea West Avenue to 30th Avenue, south of the North Channel of the Platte River) and consider Resolution No. 2013-236.

December 10, 2013

10. Postponed until December 23, 2013. Conduct a public hearing on the Application submitted by Miller & Associates for Turkey Creek Properties, LLC to rezone from District AG, Agricultural District to District RR-1/PD, Urban Residential Single-Family (Low Density)/ Planned Development Overlay District property described as a tract of land located in part of Government Lots 6 and 9 and accretions abutting said Lots in Section 10, Township 8 North, Range 16 West of the 6th P.M, Buffalo County, Nebraska; AND from District RR-1/PD, Urban Residential Single-Family (Low Density)/Planned Development Overlay District to District AG, Agricultural District property described as a tract of land located in part of Government Lots 7, 8, 9 and accretions abutting said Lots, all in Section 10, Township 8 North, Range 16 West of the 6th P.M, Buffalo County, Nebraska (Kea West Avenue to 30th Avenue, south of the North Channel of the Platte River) and consider Ordinance No. 7860.

11. Postponed until December 23, 2013. Conduct a public hearing on the Application submitted by Miller & Associates for Turkey Creek Properties, LLC for the Final Plat for Turkey Creek Second Subdivision, a subdivision in Buffalo County Nebraska, for property described as a tract of land located in part of Government Lots 6, 7, 8, 9 and accretions abutting said Lots, all in Section 10, Township 8 North, Range 16 West of the 6th P.M, Buffalo County, Nebraska (Kea West Avenue to 30th Avenue, south of the North Channel of the Platte River) and consider Resolution No. 2013-237.

12. Postponed until December 23, 2013. Conduct a public hearing on the Application submitted by Miller & Associates for Turkey Creek Properties, LLC for Planned District Development Plan Approval for a single family large lot development on property to be zoned District RR-1/ PD, Urban Residential Single-Family (Low Density)/Planned Development Overlay District on property described as a tract of land located in part of Government Lots 6, 7, 8, 9 and accretions abutting said Lots, all in Section 10, Township 8 North, Range 16 West of the 6th P.M, Buffalo County, Nebraska (Kea West Avenue to 30th Avenue, south of the North Channel of the Platte River) and consider Resolution No. 2013-238.

IV CONSENT AGENDA *

1. Approve Minutes of Regular Meeting held November 26, 2013.

2. Approve the Claims.

3. Approve the bids received for the purchase of a Combination Sewer Jet Vacuum Truck for the Utilities Department and award the bid to Nebraska Truck Center of Grand Island, Nebraska in the amount of $369,328.

4. Adopt Resolution No. 2013-239 approving the recommendation submitted by the Fire Chief to include the following as members of the Kearney Volunteer Fire Department: Cory Flaig and Jarrett Johnston.

5. Adopt Resolution No. 2013-240 approving the Agreement for Funding between the City of Kearney and the Kearney Visitor’s Bureau for the purpose of providing funding for the management and operation of the Great Platte River Road Archway.

* 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.

December 10, 2013

V CONSENT AGENDA ORDINANCES *

None.

VI REGULAR AGENDA

1. Consider the manager application for Richard Marlatt submitted by the Kearney Community Theatre in connection with their Class I-12229 liquor license and located at 83 Plaza Boulevard.

2. Consider Ordinance No. 7861 amending Section 1-206 “Organization; Mayor/President; Powers” of Article 2 “City Council” of Chapter 1 “Administration” of the Code of the City of Kearney to correct the language to coincide with the Nebraska Revised Statutes relating to the organization meeting of the City Council; and to amend Section 1-210 “Meetings” of Article 2 “City Council” of Chapter 1 “Administration” of the Code of the City of Kearney to change the Council meeting time to 5:30 p.m. on the second and fourth Tuesday of each month.

3. Consider Ordinance No. 7862 adding a new Article 17 entitled “Archway Advisory Committee” to Chapter 1 “Administration” of the Code of the City of Kearney setting forth guidelines for the creation of an advisory committee, the number of members, appointments, terms of office, meetings and powers and duties.

4. Consider Resolution No. 2013-241 authorizing the City of Kearney to join with NPPD as a co-applicant to the Nebraska Power Review Board for an amendment to NPPD's retail service area to include the annexed land described as Remington Heights Second Addition, an addition to the City of Kearney, Buffalo County Nebraska, for property described as a tract of land being part of the North Half of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M, Buffalo County, Nebraska (west of 67th Street and Avenue L and north of City's detention cell).

5. Open Account Claim to Goodwill Industries – $1,920.00.

VII REPORTS

VIII ADJOURN

Mayor Stanley Clouse 4907 Linden Drive Place 627-6730 cell 238-5210 office [email protected]

Vice-President Randy Buschkoetter 1110 13th Avenue 234-5553 home 440-0358 cell [email protected]

Council Member Bruce Lear 4803 Avenue L Place 234-5354 home 237-2724 office [email protected]

Council Member Bob Lammers 8 Crestview Place 236-5273 home 234-2577 office [email protected]

Council Member Jonathan Nikkila 4 Regency Place 224-4309 cell [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

mailto:[email protected]






http://www.cityofkearney.org/

COUNCIL AGENDA MEMO

ITEM NO. III - #1, 2, 3 & 4

We provide services, solutions, and opportunities for our community.

FROM: Michaelle Trembly, City Clerk MEETING: December 10, 2013 SUBJECT: Fountain Hills Seventh Addition; South of 56th Street and East of 11th

Avenue PRESENTER: No Presenter

The City continues to work the developer on resolving some issues with the Subdivision Agreement; therefore, Public Hearings 1 through 4 will remain on the table until December 23, 2013 at which time the matter will be required to be heard.

COUNCIL AGENDA MEMO

ITEM NO. III - #5


FROM: Michaelle Trembly, City Clerk Daniel Lynch, Chief of Police MEETING: December 10, 2013 SUBJECT: Napolis Italian Restaurant Liquor License and Manager Application PRESENTER: Florim Ramadani 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.

This is a new application submitted by Besi and Zeki, LLC, dba Napolis Italian for a license to sell alcohol at its facility located at 320 3rd Avenue. This facility was formerly known as Apr IL Vino. They also have restaurants in Hastings and Grand Island. The Police Department performed a background check and it did not indicate any negative issues with the application nor the applicant. There was nothing found in the background that would indicate a problem with compliance with Council policy nor is there any recent history of any issues with any of the other locations in Nebraska. The Application for Manager identifies Florim Ramadani. Mr. Ramadani also manages the locations in Hastings and Grand Island. None of the principal employees have any record indicating they would not be suitable for this business. The applicant has knowledge of the liquor laws and is aware of the rules and regulations to operate this type of business. The City Council is concerned with the selling of alcohol to minors in our community, and wants to encourage all license holders to provide the necessary training to all employees that sell or dispense alcohol. Therefore, on March 22, 2011 the City Council adopted a policy for making recommendations with reference to liquor licenses issued by the Nebraska Liquor Control Commission. With regard to new licenses, the license holder must provide certification

ITEM NO. III - #5 of this training when submitting the Liquor License Training Compliance form or within 60 days of the opening of the business. Mr. Ramadani has submitted his Certificate of Training and the Liquor License Training Compliance form indicating their employees will receive training within 60 days after the license has been approved. Fiscal Note: This is a new license; however, the impact on the community and the Police Department is as yet unknown. Each new license adds to the accessibility of alcohol and can add to the demands on the Police Department for enforcement. 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 will be in place in the near future. The Council has the following alternatives:

• Recommend approval to the Liquor Commission of the Liquor License and Manager application submitted by Napolis Italian.

• Recommend denial to the Liquor Commission of the Liquor License. • Conduct the public hearing and submit to the Liquor Commission with no

recommendation.

L AWRENCE DUNI\HRE (1907-1997)

DAVID H. FISHER [email protected]

CHARLES W . HASTINGS chast [email protected]

Michaelle E. Trembly, MMC Kearney City Clerk P.O. Box 1180 Kearney, NE 68848-1180

LAW OFFICES

DUNMIRE, FISHER & HASTINGS

800 W EST 3"" STltEET, SUITE 202 P.O. Box 1044

HASTINGS, NEBRASI<A 68902-1044 PHONE (402) 463-1383

FAX (402) 463-0602

November 12,2013

Re: Liquor License for Napolis Italian

Dear Ms. Trembly:

ASSOCIATE

DANIEL C. PAULEY

Enclosed herein please find a Liquor License Training Compliance form which has been completed and signed by Florim Ramadani.

Once the liquor license has been accepted all remaining employees will take the certified training program and Certificates of Training will be provided to you within 60 days of the opening of the business pursuant to the City's Liquor License Policy.

If you have any questions or require anything futther at this time please feel free to contact me.

DCP:tjj en c.

3:105748

Very truly yours,

DUNMIRE, FISHER & HASTINGS

1?~w~

ill CITY OF KEARNEY ~fA I I IJ f tl I f t 1. 1 I 1.

CITY OF KEARNEY, NEBRASKA LIQUOR LICENSE TRAINING COMPLIANCE

Please complete this form in type or print and return to the Kearney City Clerk, 18 East 22nd Street, Kearney, Nebraska within five (5) days from receipt but no later than December 2, 2013 If additional space is required to answer any question, submit another separate page. This information must be provided prior to consideration of your liquor license/new manager application which is scheduled for December 10, 2013 or your application may be denied by the Kearney City Council. You and all employees must have completed training which has been approved by the Nebraska Liquor Control Commission. A copy of the written Certification of Completion of Training for all employees must be attached or will be provided.

Date: November 7, 2013

Applicant ---=B=e=si:.....:a:::..:.n..:..::d:....:Z=e=k=i'"--', L=L=C=''-'d=b=a"-N~a.,_po=l=is'-'l=ta=l=ia,_,_,n'----------------

Proposed licensed address: _3=2~0~3!...:::rd:....:A'-.!.v.=...:e~n.!.::u~e~-----------------

Number of employees: Full Time _2"=---- Part-Time ------'5 __ _ Are any employees under the age of 21 years? Yes ____ _ No ------')(____,._____

If under the age of 21 years, what precautions have you taken or will take to ensure that these employees will not have access to, or handle, sell, or consume alcoholic beverages?

What training program have you and your staff taken with selling of alcoholic beverages to the public?

regard to the dispensing and/or

j Responsible Beverage Server Training Program ~ - a~ J"'L- Date completed. Attach Certificate of Training for each employee

Other- Please list the certified training program you and your staff have taken or will be taking within the time specified in the City of Kearney's Liquor Policy.

Date completed . Attach Certificate of Training for each employee

I hereby certify that proper training on the dispensing and/or selling of alcoholic beverages to the public have been or will be provided and completed by all persons associated with the business and the Certificates of Training are attached hereto or will be provided as required by the City's Liquor License Policy.

Corporate Manager

We provide services, solutions, and opportunities for our community. 02/1/2011

OPTION 1 APPROVE LICENSE

RESOLUTION NO. 2013-233

WHEREAS, Besi and Zeki, LLC, dba Napolis Italian has filed with the Nebraska

Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an

application for Class I-105578 Liquor License to do business at 320 3rd Avenue,

Kearney, Nebraska, and has paid all fees and done all things required by law as

provided in the Nebraska Liquor Control Act; and

WHEREAS, a hearing was held relating to said application on December 10, 2013

and the cost of the published notice was $11.29; and

WHEREAS, the applicant has submitted the Liquor License Training Compliance

form indicating all employees have or will complete a state approved alcohol

server/seller training program.

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 Class I-105578 Liquor License to Besi and Zeki,

LLC, dba Napolis Italian located at 320 3rd Avenue, Kearney, Nebraska.

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 10TH DAY OF DECEMBER, 2013.

ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY CITY CLERK

OPTION 2 DENY LICENSE








and the cost of the published notice was $11.29; and


City of Kearney, Nebraska that the application submitted by Besi and Zeki, LLC, dba

Napolis Italian be denied or recommend denial to the Nebraska Liquor Control

Commission for the issuance of Class I-105578 Liquor License located at 320 3rd

Avenue, Kearney, Nebraska for the following reasons: ***** (Council members will need

to give reasons for denial).


Council action denying or recommending denial of the issuance of said license in the

Minute Record of the proceedings of the Council.




OPTION 3 NO RECOMMENDATION








and the cost of the published notice was $11.29.


City of Kearney, Nebraska that the application submitted by Besi and Zeki, LLC, dba

Napolis Italian for Class I-105578 Liquor License located at 320 3rd Avenue, Kearney,

Nebraska be submitted to the Nebraska Liquor Control Commission with no

recommendation.


Council action denying or recommending denial of the issuance of said license in the

Minute Record of the proceedings of the Council.




COUNCIL AGENDA MEMO

ITEM NO. III - #6


FROM: Kirk Stocker, Director of Utilities MEETING: December 10, 2013 SUBJECT: State Revolving Fund Loan PRESENTER: Chris Miller, Miller & Associates

Discussion: In this year’s budget the Utilities Department included funds for the construction of the Northeast Trunk Sanitary Sewer Main. The existing Northeast Trunk Sanitary Sewer Main follows the abandoned railroad right-of-way northerly and westerly from approximately the 2200 block of East 56th Street then crossing Avenue N at a location just north of 66th Street Place and ends at the southwest corner of Bel Air Fifth Addition. This sanitary sewer main follows the Sanitary Sewer Master Plan included in the1994 North Kearney Growth Analysis and will eventually be extended to Highway 10. The Northeast Trunk Sanitary Sewer Main is necessary to serve the recently annexed Remington Heights Second Addition and for the incremental growth of the City. The City intends to finance the construction of the Northeast Trunk Sanitary Sewer Main with a State Revolving Fund (SRF) Loan. In order to qualify for the loan the Council must conduct a public hearing regarding the project. Fiscal Note: The Utilities Department has included $1,000,000 for the project in the 2013-2014 Budget for the construction of the Northeast Trunk Sanitary Sewer Main. The City’s engineer on the project has completed a cost estimate for the project which ranges between $900,000 and $1,200,000. Recommended Action: Staff recommends that the Council conduct the public hearing to receive comments regarding the project, the impact on sanitary sewer rates, any mitigation factors related to the construction project and authorize Administration to apply for the State Revolving Fund Loan, a draw loan in the amount of up to $1,200,000.


WHEREAS, the City of Kearney, Nebraska recognizes that a properly functioning

sewer system is necessary to the health and welfare of the citizens of the City of

Kearney; and

WHEREAS, the Mayor and City Council have determined that portions of the City

sewer system are in need of significant repair and improvement; and

WHEREAS, funding for the cost of the repair and improvement of portions of the

City sewer system may be obtained by loan from the Nebraska Department of

Environmental Quality, subject to certain requirements and obligations.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of

Kearney, Nebraska, that they should execute the contract for loan between the

Nebraska Department of Environmental Quality and the City of Kearney, Nebraska

designated as Project No. NE0052647, incorporated by reference into this Resolution

as if fully set forth.

BE IT FURTHER RESOLVED that the Mayor is hereby directed to execute the

contract and all other documents necessary to facilitate the loan between the Nebraska

Department of Environmental Quality and the City of Kearney, Nebraska for the purpose

of repairing and improving the City sewer system.

BE IT FURTHER RESOLVED that the City Clerk be authorized and directed to sign

all necessary documents, to furnish such assurances to the State of Nebraska as may

be required by law or regulations, and to receive payment on behalf of the applicant.

PASSED AND APPROVED THIS 10TH DAY OF DECEMBER, 2013. ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

COUNCIL AGENDA MEMO

ITEM NO. III - #7


FROM: Lance Lang, City Planner MEETING: December 10, 2013 SUBJECT: Rezoning 2401 and 2421 Avenue A and 110 and 114 East 24th Street PRESENTER: Mark McBride and/or Mitch Bean

Discussion: The applicant is requesting rezoning from C-3 to CBD for two existing businesses and one existing lot with two houses on them at the above referenced addresses in the downtown area. All of these properties are located within the Kearney Downtown Off-Street Parking District which is an area that includes all of downtown “proper” from Railroad Street to Highway 30 and from the alley west of 2nd Avenue to the alley east of Avenue B. The majority of this area is zoned CBD, Central Business District. CBD zoning actually extends beyond the boundaries of the parking district south to the courthouse and north to encompass the Apple Market Grocery store. There is a swath of C-3 zoning that parallels Highway 30 for a distance south to 24th Street or about 330 feet. The four properties in question are within this swath of C-3 zoning and would like to be rezoned to CBD. There are some advantages to owners in the CBD zoning district. There are no setback requirements for buildings, there are no landscaping requirements, and there are no off-street parking requirements in CBD zones. In the arrangement between the funeral home and the office supply store, purchase of the two homes will be used to expand business opportunities for the two businesses. The existing houses will be removed. The north 20 feet of the residential lot will continue to be used by the office supply store to park a delivery van. The remainder of these two lots will be used by the funeral home in some capacity. The final use remains undetermined at this time, but options that have been discussed include off-street parking or a reception building. The subject properties are surrounded by C-3 zoning. The properties are designated as “CBD” on the Land Use Map of the Kearney Comprehensive Development Plan. There is no amendment required to the Land Use Map. Staff supports this rezoning request. Fiscal Note: The City is not aware of any undue financial obligations affecting the City that may be associated with this project. Recommended Action: Staff and Planning Commission recommend this request for rezoning be approved.

ORDINANCE NO. 7857 AN ORDINANCE OF THE CITY OF KEARNEY, NEBRASKA, TO CHANGE SPECIFIED PORTIONS OF THE BOUNDARY OF DISTRICT C-3, GENERAL COMMERCIAL DISTRICT TO DISTRICT CBD, CENTRAL BUSINESS DISTRICT; TO PROVIDE FOR CHANGES IN THE ZONING MAP ACCORDINGLY; TO REPEAL ALL ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY AUTHORITY OF THE CITY COUNCIL AND EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF KEARNEY, NEBRASKA: Section 1. That property described as Lots 19, 20, 21, 65, and 66, Southwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska (2401 and 2421 Avenue A, 110 and 114 East 24th Street), be rezoned from District C-3, General Commercial District to District CBD, Central Business District. Section 2. That the City Manager is hereby directed to cause the zoning map to be changed and amended accordingly. Section 3. That all ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 4. 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 authority of the City Council. INTRODUCED BY COUNCIL MEMBER PASSED AND APPROVED THIS 10TH DAY OF DECEMBER, 2013. ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

PLANNING COMMISSION


November 15, 2013 9:00 a.m.

1. Announcement on Open Meetings Act. 2. Roll call. 3. Approve Minutes of meeting held October 18, 2013. 4. Hearing: Rezoning No. 2013-21 Application submitted by Horner Lieske McBride & Kuhl Funeral and Cremation

Services in Kearney and Eakes Office Plus to rezone from District C-3, General Commercial District to District CBD, Central Business District property described as Lots 19, 20, 21, 65 and 66, Southwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska (2401 and 2421 Avenue A, 110 and 114 East 24th Street).

5. Partial Vacation No. 1979-23 Application submitted by Miller & Associates for Arram Equities, Inc. to vacate property

described as a tract of land being part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska. (northeast corner of 11th Street and Avenue M).

6. Hearing: Preliminary Plat No. 2013-19 Application submitted by Miller & Associates for Arram Equities, Inc. for the

Preliminary Plat for Anderson Park 6th Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska, for property described as a tract of land being part of the Northwest Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M. and formally known as part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska (northeast corner of 11th Street and Avenue M). *FINAL ACTION*

7. Hearing: Final Plat No. 2013-19 Application submitted by Miller & Associates for Arram Equities, Inc. for the Final Plat

for Anderson Park 6th Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska, for property described as a tract of land being part of the Northwest Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M. and formally known as part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska (northeast corner of 11th Street and Avenue M).

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MINUTES OF THE KEARNEY PLANNING COMMISSION

NOVEMBER 15, 2013 9:00 A.M.

Chairman Ganz called to order the City of Kearney Planning Commission meeting in the Council Chambers at 9:00 a.m. on Friday, November 15, 2013. The following members were present: Paul Fredrickson, John Lowe, Stan Dart, Jim Ganz, Jr., Jack McSweeney, Jim McKeon and Jason Peck. The following members were absent: Robert Cunningham and Andrew Williams. Lance Lang, City Planner, was also present. Some of the citizens present in the audience included: Mitch Bean, Mark McBride, Jack Horner, Craig Bennett, Mark Benjamin, Kent Cordes, Adam Konruff from the Hub. Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being filed with these minutes. Advance notice of the meeting was also given to the Planning Commission and availability of the Agenda was communicated in the advance notice. All proceedings hereafter shown were taken while the meeting was open to the attendance of the public. ANNOUNCEMENT Chairman Ganz 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 on the wall at the back of the Council Chambers. APPROVAL OCTOBER 18, 2013 MINUTES Moved by Dart and seconded by Fredrickson that the minutes of the October 18, 2013 Planning Commission meeting be approved. Roll call resulted as follows: Aye: McSweeney, Ganz, Lowe, Fredrickson, Peck, Dart, McKeon. Nay: None. Absent: Cunningham, Williams. Motion carried. REZONING NO. 2013-21 – 2401 AND 2421 AVENUE A, 110 AND 114 EAST 24TH STREET Chairman Ganz opened the public hearing on the application submitted by Horner Lieske McBride & Kuhl Funeral and Cremation Services in Kearney and Eakes Office Plus to rezone from District C-3, General Commercial District to District CBD, Central Business District property described as Lots 19, 20, 21, 65 and 66, Southwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska (2401 and 2421 Avenue A, 110 and 114 East 24th Street). The applicant is requesting rezoning from C-3 to CBD for two existing businesses and one existing lot with two houses on them at the above referenced addresses. All of these properties are located within the Kearney Downtown Off-Street Parking District which is an area that includes all of downtown “proper” from Railroad Street to Highway 30 and from the alley west of 2nd Avenue to the alley east of Avenue B. The majority of this area is zoned CBD, Central Business District. CBD zoning actually extends beyond the boundaries of the parking district south to the courthouse and north to encompass the Apple Market Grocery

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Planning Commission Minutes November 15, 2013

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store. There is a swath of C-3 zoning that parallels Highway 30 for a distance south to 24th Street or about 330 feet. The four properties in question are within this swath of C-3 zoning and would like to be rezoned to CBD. There are some advantages to owners in the CBD zoning district. There are no setback requirements for buildings, there are no landscaping requirements, and there are no off-street parking requirements in CBD zones. In the arrangement between the funeral home and the office supply store, purchase of the one residential lot will be used to expand business opportunities for the two businesses. The existing houses will be removed. The north 20 feet of the lot will be used by the office supply store to park a delivery van. The remainder of the lot will be used by the funeral home in some capacity. The final use remains undetermined at this time, but options that have been discussed include off-street parking or a reception building. The subject properties are surrounded by C-3 zoning. The properties are designated as “CBD” on the Land Use Map of the Kearney Comprehensive Development Plan. There is no amendment required to the Land Use Map. Staff supports this rezoning request. Mark McBride with Horner Lieske McBride & Kuhl Funeral Home presented this item to the Planning Commission. Mr. McBride stated the Funeral Home and Eakes Office Plus are requesting their properties and the lot east of Eakes, with the two existing homes, be rezoned from C-3 to CBD. Horner, Lieske McBride & Kuhl are in the process of purchasing the lot with the two houses, removing the houses and using that lot for parking. Mitch Bean with Eakes Office Plus stated Eakes will retain the north 20 feet of the lot that has the two houses on it in order to maintain freight access to their building. City Planner stated he believes the reason these properties are zoned C-3 is because they are located next to Highway 30; there is a strip of C-3 zoning that parallels Highway 30 south to 24th Street. The Funeral Home and Eakes are located within the Central Business District zone and the City believes it makes sense to zone the properties to CBD. CBD zoning does allow the owner some advantages because there are no required off-street parking requirements, setback requirements or landscaping requirements which would be required in a C-3 zoning district. There was no one present in opposition to this hearing. Chairman Ganz closed the hearing. Moved by Dart and seconded by McSweeney that the application submitted by Horner Lieske McBride & Kuhl Funeral and Cremation Services in Kearney and Eakes Office Plus to rezone from District C-3, General Commercial District to District CBD, Central Business District property described as Lots 19, 20, 21, 65 and 66, Southwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska (2401 and 2421 Avenue A, 110 and 114 East 24th Street) be submitted to City Council with recommendation for approval.

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Roll call resulted as follows: Aye: Ganz, Lowe, Fredrickson, Peck, Dart, McKeon, McSweeney. Nay: None. Absent: Cunningham, Williams. Motion carried. PARTIAL VACATION NO. 1979-23 – ANDERSON PARK 1ST SUBDIVISION Application submitted by Miller & Associates for Arram Equities, Inc. to vacate property described as a tract of land being part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska. (northeast corner of 11th Street and Avenue M). This and the next two items were discussed together but voted on separately. The applicant is requesting partial vacation of property located on the east side of Avenue M north of 11th Street. Once the existing lots are vacated the applicant would like to replat the area into a new subdivision. The property is zoned M-1, Limited Industrial District. Vacation Part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision is the subject of the vacation request. An existing building is located on part of Lot 1 that was the former Prince of Peace Church building. Once the property is vacated a two lot subdivision to be known as Anderson Park 6th Subdivision is proposed. Subdivision Plats A Preliminary and Final Plat have been prepared for Anderson Park 6th Subdivision. The subdivision consists of two lots on 2.92 acres. No Subdivision Agreement or Developer Constructed Infrastructure Agreement is required. No Infrastructure Feasibility Plan is required. Municipal water and sanitary sewer are available to the site in 11th Street. Stormwater detention will be addressed at the time the lots develop and building permits are required. Staff has reviewed the submittal and offers the following comments:

a) Vehicular access to the arterial streets shall be limited. One access to 11th Street shall be allowed for Lot 1 of the proposed subdivision and one access to 11th Street shall be allowed for proposed Lot 2.

b) The existing curb cut/access point to 11th Street closest to Avenue M shall be closed. c) Only one access point will be allowed on Avenue M. Therefore, it shall be a shared

access point allowing access to existing Lot 2 of Anderson Park 1st Subdivision through proposed Lot 1 of the new subdivision, Anderson Park 6th Subdivision. Said shared access and ingress-egress easement shall be shown and noted on the Final Plat.

d) All building setbacks from the street right-of-way lines shall be shown on the Final Plat.

e) Sufficient additional street right-of-way shall be dedicated along the arterial corridors of 11th Street and Avenue M to provide fifty feet (50’) feet of right-of-way from centerline.

Craig Bennett with Miller & Associates presented these items to the Planning Commission.

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COUNCIL AGENDA MEMO

ITEM NO. III - #8


FROM: Lance Lang, City Planner MEETING: December 10, 2013 SUBJECT: Development of Anderson Park 6th Subdivision; Northeast Corner of

11th Street and Avenue M PRESENTER: Craig Bennett, Miller & Associates

Discussion: The applicant is requesting partial vacation of property located on the east side of Avenue M north of 11th Street. Once the existing lots are vacated, the applicant would like to replat the area into a new subdivision. The property is zoned Limited Industrial District. Vacation Part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision is the subject of the vacation request. An existing building is located on part of Lot 1 that was the former Prince of Peace Church building. Once the property is vacated, a 2-lot subdivision to be known as Anderson Park 6th Subdivision is proposed. Subdivision Plats A Preliminary and Final Plat have been prepared for Anderson Park 6th Subdivision. The subdivision consists of two lots on 2.92 acres. The Preliminary Plat was approved by Planning Commission on November 15, 2013. No Subdivision Agreement or Developer Constructed Infrastructure Agreement is required. No Infrastructure Feasibility Plan is required. Municipal water and sanitary sewer are available to the site in 11th Street. Stormwater detention will be addressed at the time the lots develop and building permits are required. Staff has reviewed the submittal and offers the following comments:




d) All building setbacks from the street right-of-way lines shall be shown on the Final Plat. e) Sufficient additional street right-of-way shall be dedicated along the arterial corridors of

11th Street and Avenue M to provide fifty feet of right-of-way from centerline.

ITEM NO. III - #8 Fiscal Note: The City is not aware of any undue financial obligations affecting the City that may be associated with this project. Recommended Action: Staff recommends that this request for vacation and replatting be approved subject to items a thru e listed above. Items a thru e have been satisfied and the Planning Commission recommends approval.

ORDINANCE NO. 7858 AN ORDINANCE OF THE CITY OF KEARNEY, NEBRASKA, TO VACATE A PORTION OF AN EXISTING PLAT FOR ANDERSON PARK 1ST SUBDIVISION, A SUBDIVISION TO THE CITY OF KEARNEY, BUFFALO COUNTY, NEBRASKA AS THE SAME IS FILED WITH THE OFFICE OF THE REGISTER OF DEEDS AT INSTRUMENT 1979, PAGE 8913; TO SPECIFICALLY VACATE A TRACT OF LAND BEING PART OF LOT 1 AND ALL OF LOT 7, ANDERSON PARK 1ST SUBDIVISION, A SUBDIVISION TO THE CITY OF KEARNEY, BUFFALO COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A STAR DRILL HOLE IN CONCRETE AT THE SOUTHWEST CORNER OF LOT 1, ANDERSON PARK 1ST SUBDIVISION, AND ASSUMING THE WEST LINE OF SAID LOT 1 AS BEARING N01°17’38”E AND ALL BEARINGS CONTAINED HEREIN ARE RELATIVE THERETO; THENCE N01°17’38”E ON SAID WEST LINE FOR A DISTANCE OF 280.06 FEET TO A 5/8” REBAR WITH CAP AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE S68°03’59”E A DISTANCE OF 218.88 FEET; THENCE N89°53’43”E A DISTANCE OF 115.04 FEET TO A 5/8” REBAR WITH CAP ON THE WEST LINE OF LOT 7, ANDERSON PARK 1ST SUBDIVISION; THENCE N01°16’20”E ON SAID THE WEST LINE A DISTANCE OF 81.86 FEET TO A 5/8” REBAR WITH CAP AT THE NORTHWEST CORNER OF SAID LOT 7; THENCE N89°57’16”E ON THE NORTH LINE OF SAID LOT 7 A DISTANCE OF 198.43 FEET TO A 5/8” REBAR WITH CAP AT THE NORTHEAST CORNER OF SAID LOT 7; THENCE S01°14’26”W ON THE EAST LINE OF SAID LOT 7 A DISTANCE OF 279.92 FEET TO A 5/8” REBAR WITH CAP AT THE SOUTHEAST CORNER OF SAID LOT 7; THENCE S89°56’08”W ON THE SOUTH LINE OF SAID LOT 7 FOR A DISTANCE OF 198.54 FEET TO A 5/8” REBAR WITH CAP AT THE SOUTHWEST CORNER OF SAID LOT 7; THENCE S89°56’08”W ON THE SOUTH LINE OF SAID LOT 1 A DISTANCE OF 320.05 FEET TO THE POINT OF BEGINNING, CONTAINING 2.92 ACRES MORE OR LESS, BUFFALO COUNTY, NEBRASKA; TO REPEAL ALL ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; TO PROVIDE FOR CERTIFICATION OF THIS ORDINANCE TO THE REGISTER OF DEEDS AND FOR REPLATTING OF THE VACATED LANDS; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY AUTHORITY OF THE CITY COUNCIL AND EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Kearney City Planning Commission has received and recommended the Kearney City Council approve a petition to vacate a portion of Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska; and WHEREAS, said petition was duly signed by the owners of the land affected with the express intent of replatting and dedicating the land as Anderson Park 6th Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska; and

Ordinance No. 7858 Page 2

WHEREAS, said petition to vacate has been presented to the President and Council of the City of Kearney, Nebraska who deemed said vacation to be advantageous to and in the interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF KEARNEY, NEBRASKA: Section 1. That a portion of Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska described as a tract of land being part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: Beginning at a star drill hole in concrete at the Southwest corner of Lot 1, Anderson Park 1st Subdivision, and assuming the West line of said Lot 1 as bearing N01°17’38”E and all bearings contained herein are relative thereto; thence N01°17’38”E on said West line for a distance of 280.06 feet to a 5/8” rebar with cap at the Northwest corner of said Lot 1; thence S68°03’59”E a distance of 218.88 feet; thence N89°53’43”E a distance of 115.04 feet to a 5/8” rebar with cap on the West line of Lot 7, Anderson Park 1st Subdivision; thence N01°16’20”E on said the West line a distance of 81.86 feet to a 5/8” rebar with cap at the Northwest corner of said Lot 7; thence N89°57’16”E on the North line of said Lot 7 a distance of 198.43 feet to a 5/8” rebar with cap at the Northeast corner of said Lot 7; thence S01°14’26”W on the East line of said Lot 7 a distance of 279.92 feet to a 5/8” rebar with cap at the Southeast corner of said Lot 7; thence S89°56’08”W on the South line of said Lot 7 for a distance of 198.54 feet to a 5/8” rebar with cap at the Southwest corner of said Lot 7; thence S89°56’08”W on the South line of said Lot 1 a distance of 320.05 feet to the Point of Beginning, containing 2.92 acres more or less, Buffalo County, Nebraska, Buffalo County, Nebraska, as the same is filed in the Office of the Buffalo County, Nebraska, Register of Deeds at Instrument 1979, Page 8913, be and is hereby vacated in accordance with the powers granted to the City of Kearney by Neb. Rev. Stat. § 19-917, as amended. Section 2. That the vacated afore-described portion of Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska shall no longer be or constitute any part of the City of Kearney, and the public highways, streets, alleys, and public grounds located therein, if any, shall revert to the owners of lots or lands abutting the same in proportion to the respective ownerships of such lots or grounds.


Section 3. The public is also hereby notified that Ordinance No. 7858 is subject to limited referendum for a period of thirty (30) days after the first publication of this Ordinance and that, after the expiration of the said thirty (30) days, Ordinance No. 7858 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. That this Ordinance shall be, at the cost of the owners, certified at the Office of the Register of Deeds and there recorded by said owners, and that the owners shall cause the lands in the vacated portions of the subject plats vacated to be replatted and numbered by the County Surveyor. Section 6. 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 authority of the City Council. INTRODUCED BY COUNCIL MEMBER _____________. PASSED AND APPROVED THIS 10TH DAY OF DECEMBER, 2013. ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK


BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF

KEARNEY, NEBRASKA, that the plat of Anderson Park 6th Subdivision, a subdivision to

the City of Kearney, Buffalo County, Nebraska for a tract of land being part of Lot 1 and all

of Lot 7, Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo

County, Nebraska and more particularly described as follows: Beginning at a star drill hole

in concrete at the Southwest corner of Lot 1, Anderson Park 1st Subdivision, and assuming

the West line of said Lot 1 as bearing N01°17’38”E and all bearings contained herein are

relative thereto; thence N01°17’38”E on said West line for a distance of 280.06 feet to a 5/8”

rebar with cap at the Northwest corner of said Lot 1; thence S68°03’59”E a distance of

218.88 feet; thence N89°53’43”E a distance of 115.04 feet to a 5/8” rebar with cap on the

West line of Lot 7, Anderson Park 1st Subdivision; thence N01°16’20”E on said the West

line a distance of 81.86 feet to a 5/8” rebar with cap at the Northwest corner of said Lot 7;

thence N89°57’16”E on the North line of said Lot 7 a distance of 198.43 feet to a 5/8” rebar

with cap at the Northeast corner of said Lot 7; thence S01°14’26”W on the East line of said

Lot 7 a distance of 279.92 feet to a 5/8” rebar with cap at the Southeast corner of said Lot 7;

thence S89°56’08”W on the South line of said Lot 7 for a distance of 198.54 feet to a 5/8”

rebar with cap at the Southwest corner of said Lot 7; thence S89°56’08”W on the South line

of said Lot 1 a distance of 320.05 feet to the Point of Beginning, containing 2.92 acres more

or less, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the

same hereby is approved in accordance with the provisions and requirements of Section

19-916 of the Nebraska Revised Statutes, be accepted and ordered filed and recorded in

the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby

included within the corporate limits of said City and shall be and become a part of said City

for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the

rights and privileges and shall be subject to all laws, ordinances, rules and regulations of

said City.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby

authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.


ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL MICHAELLE E. TREMBLY AND EX-OFFICIO MAYOR CITY CLERK

PLANNING COMMISSION


November 15, 2013 9:00 a.m.

1. Announcement on Open Meetings Act. 2. Roll call. 3. Approve Minutes of meeting held October 18, 2013. 4. Hearing: Rezoning No. 2013-21 Application submitted by Horner Lieske McBride & Kuhl Funeral and Cremation

Services in Kearney and Eakes Office Plus to rezone from District C-3, General Commercial District to District CBD, Central Business District property described as Lots 19, 20, 21, 65 and 66, Southwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska (2401 and 2421 Avenue A, 110 and 114 East 24th Street).

5. Partial Vacation No. 1979-23 Application submitted by Miller & Associates for Arram Equities, Inc. to vacate property

described as a tract of land being part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska. (northeast corner of 11th Street and Avenue M).

6. Hearing: Preliminary Plat No. 2013-19 Application submitted by Miller & Associates for Arram Equities, Inc. for the

Preliminary Plat for Anderson Park 6th Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska, for property described as a tract of land being part of the Northwest Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M. and formally known as part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska (northeast corner of 11th Street and Avenue M). *FINAL ACTION*

7. Hearing: Final Plat No. 2013-19 Application submitted by Miller & Associates for Arram Equities, Inc. for the Final Plat

for Anderson Park 6th Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska, for property described as a tract of land being part of the Northwest Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M. and formally known as part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska (northeast corner of 11th Street and Avenue M).

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Roll call resulted as follows: Aye: Ganz, Lowe, Fredrickson, Peck, Dart, McKeon, McSweeney. Nay: None. Absent: Cunningham, Williams. Motion carried. PARTIAL VACATION NO. 1979-23 – ANDERSON PARK 1ST SUBDIVISION Application submitted by Miller & Associates for Arram Equities, Inc. to vacate property described as a tract of land being part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska. (northeast corner of 11th Street and Avenue M). This and the next two items were discussed together but voted on separately. The applicant is requesting partial vacation of property located on the east side of Avenue M north of 11th Street. Once the existing lots are vacated the applicant would like to replat the area into a new subdivision. The property is zoned M-1, Limited Industrial District. Vacation Part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision is the subject of the vacation request. An existing building is located on part of Lot 1 that was the former Prince of Peace Church building. Once the property is vacated a two lot subdivision to be known as Anderson Park 6th Subdivision is proposed. Subdivision Plats A Preliminary and Final Plat have been prepared for Anderson Park 6th Subdivision. The subdivision consists of two lots on 2.92 acres. No Subdivision Agreement or Developer Constructed Infrastructure Agreement is required. No Infrastructure Feasibility Plan is required. Municipal water and sanitary sewer are available to the site in 11th Street. Stormwater detention will be addressed at the time the lots develop and building permits are required. Staff has reviewed the submittal and offers the following comments:




d) All building setbacks from the street right-of-way lines shall be shown on the Final Plat.

e) Sufficient additional street right-of-way shall be dedicated along the arterial corridors of 11th Street and Avenue M to provide fifty feet (50’) feet of right-of-way from centerline.

Craig Bennett with Miller & Associates presented these items to the Planning Commission.

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Mr. Bennett stated this property is located on the north side of 11th Street, east of Avenue M. The property is currently zoned M-1 and the applicant is not requesting the property be rezoned. A Minor Subdivision has been done on this parcel and the applicant would like to vacate the subdivision and move the property lines back to where they were when the parcel was originally platted. The proposed subdivision consists of two lots on 2.92 acres; the former Prince of Peace Church is located on proposed Lot 1. The applicant would like to sell proposed Lot 2. Mr. Bennett stated the City wants to limit access onto arterial streets. The access located closest to 11th Street will be closed. There will only be one access point onto 11th Street for Lot 1 and only one access point onto 11th Street for Lot 2. The current access onto 11th Street on Lot 1 will be closed and moved further to the east to allow for better stacking. A shared ingress/egress access easement off of Avenue M has been provided for Lot 2, of Anderson Park 1st Subdivision in order to alleviate the need for that lot to have its own access off of Avenue M. The applicant has also dedicated an additional 10 feet of right-of-way along 11th Street and Avenue M to provide 50 feet of right-of-way from centerline. There was no one present in opposition to this hearing. Moved by McKeon and seconded by Lowe that the application submitted by Miller & Associates for Arram Equities, Inc. to vacate property described as a tract of land being part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska (northeast corner of 11th Street and Avenue M) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Lowe, Fredrickson, Peck, Dart, McKeon, McSweeney, Ganz. Nay: None. Absent: Cunningham, Williams. Motion carried. PRELIMINARY PLAT NO. 2013-19 – ANDERSON PARK 6TH SUBDIVISION Chairman Ganz opened the public hearing on the application submitted by Miller & Associates for Arram Equities, Inc. for the Preliminary Plat for Anderson Park 6th Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska, for property described as a tract of land being part of the Northwest Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M. and formally known as part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska (northeast corner of 11th Street and Avenue M). This item was discussed during the hearing to vacate property. There was no one present in opposition to this hearing. Chairman Ganz closed the hearing. Moved by McKeon and seconded by Lowe that the application submitted by Miller & Associates for Arram Equities, Inc. for the Preliminary Plat for Anderson Park 6th Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska, for property

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described as a tract of land being part of the Northwest Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M. and formally known as part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska (northeast corner of 11th Street and Avenue M) be approved. *FINAL ACTION* Roll call resulted as follows: Aye: Fredrickson, Peck, Dart, McKeon, McSweeney, Ganz, Lowe. Nay: None. Absent: Cunningham, Williams. Motion carried. FINAL PLAT NO. 2013-19 – ANDERSON PARK 6TH SUBDIVISION Chairman Ganz opened the public hearing on the application submitted by Miller & Associates for Arram Equities, Inc. for the Final Plat for Anderson Park 6th Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska, for property described as a tract of land being part of the Northwest Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M. and formally known as part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska (northeast corner of 11th Street and Avenue M). This item was discussed during the hearing to vacate property. There was no one present in opposition to this hearing. Chairman Ganz closed the hearing. Moved by McKeon and seconded by Lowe that the application submitted by Miller & Associates for Arram Equities, Inc. for the Final Plat for Anderson Park 6th Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska, for property described as a tract of land being part of the Northwest Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M. and formally known as part of Lot 1 and all of Lot 7, Anderson Park 1st Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska (northeast corner of 11th Street and Avenue M) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Fredrickson, Peck, Dart, McKeon, McSweeney, Ganz, Lowe. Nay: None. Absent: Cunningham, Williams. Motion carried. VACATION NO. 2012-02 – TURKEY CREEK SUBDIVISION Chairman Ganz vacated his chair and abstained from voting on this matter due to a conflict. Application submitted by Miller & Associates for Turkey Creek Properties, LLC to vacate property described as a tract of land located in part of Government Lots 6, 7, 8, 9 and accretions abutting said Lots, all in Section 10, Township 8 North, Range 16 West of the 6th P.M, Buffalo County, Nebraska (Kea West Avenue to 30th Avenue, south of the North Channel of the Platte River).

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COUNCIL AGENDA MEMO

ITEM NO. III - #9, 10, 11 & 12


FROM: Michaelle Trembly, City Clerk MEETING: December 10, 2013 SUBJECT: Turkey Creek Second Addition; Kea West Avenue to 30th Avenue, South

of the North Channel of the Platte River PRESENTER: No Presenter

The City was contacted by the developer that they are not ready and would like to postpone this matter until December 23. Therefore, Public Hearings 9 through 12 will not be considered until December 23, 2013.

Kearney, Nebraska November 26, 2013 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 November 26, 2013, in the Council Chambers at City Hall. Present were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Bob Lammers and Jonathan Nikkila. Absent: Bruce Lear. Michael Morgan, City Manager; Michael Tye, City Attorney; Wendell Wessels, Director of Finance; Suzanne Brodine, Assistant City Manager; Kirk Stocker, Director of Utilities; Dan Lynch, Chief of Police; and Shawna Erbsen, Administrative Services Director were also present. Some of the citizens present in the audience included: Joel Johnson, Jim Cudaback, Betty Warren, Alexis McNeal, Janice Wiebusch, Jack McSweeney, Gerry O’Rourke, Jim Bunger, Jim Berglund, Carroll Sheldon, Jon Abegglen, Phil Jossi, Paul Younes, Darren Robinson, Roger Jasnoch, Jim McKenzie, Cathy McKenzie, Reed Miller, Chris Miller, Tom Henning, Brad Kernick, Dan Wurtz, Mitchel Greenwalt, Gerald Brandorff, Ginny Brandorff, Dick Pierce, Allen Mitchell, Ronnie O’Brien, Mary Henning, JoAnn Englert, Steve Altmaier from KGFW Radio, Mike Konz from Kearney Hub, and several other citizens interested in the Archway Monument. 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 on the wall of the Council Chambers.

November 26, 2013 Page 2

RECOGNITION Mayor Clouse and Council Members read and presented a Proclamation to the Kearney Catholic Lady Stars Volleyball team declaring November 26, 2013 as Lady Stars State Volleyball Championship Day. ORAL COMMUNICATIONS There was no Oral Communications.

II. UNFINISHED BUSINESS There was no Unfinished Business.

III. PUBLIC HEARINGS VACATE PORTION OF FOUNTAIN HILLS SECOND ADDITION AND REZONING SOUTH OF 56TH STREET AND EAST OF 11TH AVENUE The City continues to work with the developer on resolving some issues with the Subdivision Agreement; therefore, Public Hearing 1 on the Applications submitted by Miller & Associates (Applicant) for Grand West LLC, a Nebraska Limited Liability Company (Owner): (1) to vacate Lots 1 and 2 of Block One, Fountain Hills Second Addition to the City of Kearney, Buffalo County, Nebraska and to consider Ordinance No. 7853; and (2) to rezone from District AG, Agricultural District and District C-2, Community Commercial District to District R-3/PD, Urban Residential Multi-Family (Medium Density)/Planned Development Overlay District property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M, Buffalo County, Nebraska (south of 56th Street and east of 11th Avenue) will remain on the table until December 10, 2013. FINAL PLAT FOR FOUNTAIN HILLS SEVENTH ADDITION The City continues to work with the developer on resolving some issues with the Subdivision Agreement; therefore, Public Hearing 2 on the Application submitted by Miller & Associates (Applicant) for Grand West LLC, a Nebraska Limited Liability Company (Owner) for the Final Plat and Subdivision Agreement for Fountain Hills Seventh Addition, an addition to the City of Kearney, Buffalo County Nebraska, for property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M, Buffalo County, Nebraska (south of 56th Street and east of 11th Avenue) will remain on the table until December 10, 2013. ANNEXATION OF FOUNTAIN HILLS SEVENTH ADDITION The City continues to work with the developer on resolving some issues with the Subdivision Agreement; therefore, Public Hearing 3 on the Application submitted by Miller & Associates (Applicant) for Grand West LLC, a Nebraska Limited Liability Company (Owner) for the annexation of Fountain Hills Seventh Addition, an addition to


the City of Kearney, Buffalo County Nebraska, for property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M, Buffalo County, Nebraska (south of 56th Street and east of 11th Avenue) will remain on the table until December 10, 2013. DEVELOPMENT PLANS FOR SOUTH OF 56TH STREET AND EAST OF 11TH AVENUE The City continues to work with the developer on resolving some issues with the Subdivision Agreement; therefore, Public Hearing 4 on the Application submitted by Miller & Associates (Applicant) for Grand West LLC, a Nebraska Limited Liability Company (Owner) for Planned District Development Plan Approval for an apartment complex on property to be zoned District R-3/PD, Urban Residential Multi-Family (Medium Density)/Planned Development Overlay District on property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M, Buffalo County, Nebraska (south of 56th Street and east of 11th Avenue) will remain on the table until December 10, 2013. PERMANENT SANITARY SEWER MAIN EASEMENTIN LIGHTHOUSE POINT ADDITION Mayor Clouse opened the public hearing on the proposed acquisition of a tract of land described as the east 15 feet of the northerly 400 feet of Lot 4, Block 8, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska for a Permanent Sanitary Sewer Main Easement and a tract of land described as the east 50 feet of the northerly 425 feet of Lot 4, Block 8, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska for a Temporary Sanitary Sewer Main Easement and to consider Resolution No. 2013-219. Director of Utilities Kirk Stocker presented this matter to the Council. The Lighthouse Point Subdivision Home Owners Association Inc. has granted a Permanent and Temporary Sanitary Sewer Easement to the City of Kearney. The purpose of the easement is so that a sanitary sewer main can be constructed to connect Lot 3, High Plains Estates to the sanitary sewer main located in 42nd Street. There was no one present in opposition to this hearing. Moved by Lammers seconded by Nikkila to close the hearing and adopt Resolution No. 2013-219 approving the proposed acquisition of a tract of land described as the

east 15 feet of the northerly 400 feet of Lot 4, Block 8, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska for a Permanent Sanitary Sewer Main Easement and a tract of land described as the east 50 feet of the northerly 425 feet of Lot 4, Block 8, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska for a Temporary Sanitary Sewer Main Easement. Roll call resulted as follows: Aye: Clouse, Lammers, Buschkoetter, Nikkila. Nay: None. Lear absent. Motion carried.


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 Permanent Sanitary Sewer Main Easement and a Temporary Sanitary Sewer Main Easement and voted in favor to proceed with the acquisition; and WHEREAS, Lighthouse Point Subdivision Homeowners Association Inc., a Nebraska Corporation, has granted to the City of Kearney, Nebraska a Permanent Sanitary Sewer Main Easement and a Temporary Sanitary Sewer Main Easement as follows:

PERMANENT SANITARY SEWER MAIN EASEMENT A tract of land described as the east 15 feet of the northerly 400 feet of Lot 4, Block 8, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska.

TEMPORARY SANITARY SEWER MAIN EASEMENT A tract of land described as the east 50 feet of the northerly 425 feet of Lot 4, Block 8, Lighthouse Point, 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 Permanent Sanitary Sewer Main Easement and a Temporary Sanitary Sewer Main Easement granted by Lighthouse Point Subdivision Homeowners Association Inc., a Nebraska Corporation to the City of Kearney be and is hereby accepted and approved. PASSED AND APPROVED THIS 26TH DAY OF NOVEMBER, 2013. ATTEST: STANLEY A. CLOUSE MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL CITY CLERK AND EX-OFFICIO MAYOR PURCHASE PROPERTY ADJACENT TO ARCHWAY PARKWAY WELCOME SIGN Mayor Clouse opened the public hearing on the proposed acquisition of a tract of land described as part of Lot 3 and the North Half of the Northeast Quarter lying north of the Interstate 80 all in Section 13, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska for municipal purposes and to consider Resolution No. 2013-220. City Attorney Michael Tye presented this matter to the Council. City staff has negotiated the purchase of a parcel for property adjacent to the new Welcome sign along Interstate 80 and along Archway Parkway. This property consists of approximately 1.10 acres and includes a small building. The owner of the property has agreed to sell to the City of Kearney for this amount and has executed the Purchase Agreement and will be executing a Warranty Deed in the near future. The proposed purchase price is $35,000. Council member Nikkila asked what the purpose for purchasing the property and City Attorney responded it is adjacent to the Welcome sign which is not very visible to the public. The building will moved off for another use within the City. There was no one present in opposition to this hearing.


Moved by Nikkila seconded by Buschkoetter to close the hearing and adopt Resolution No. 2013-220 approving the proposed acquisition of a tract of land described as part of Lot 3 and the North Half of the Northeast Quarter lying north of the Interstate 80 all in Section 13, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska for municipal purposes. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Nikkila, Lammers. Nay: None. Lear absent. Motion carried.


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 municipal purposes and voted in favor to proceed with the acquisition; and WHEREAS, Charles R. Rundstrom and Jacqueline D. Rundstrom, Husband and Wife, have executed a Purchase Agreement with the City of Kearney, Nebraska for the following tract of land: part of Lot 3 and the North Half of the Northeast Quarter lying north of the Interstate 80 all in Section 13, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska. WHEREAS, Charles R. Rundstrom and Jacqueline D. Rundstrom, Husband and Wife, are granting to the City of Kearney, Nebraska a Warranty Deed as follows: part of Lot 3 and the North Half of the Northeast Quarter lying north of the Interstate 80 all in Section 13, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska. NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Purchase Agreement between Charles R. Rundstrom and Jacqueline D. Rundstrom and the City of Kearney, Buffalo County, Nebraska be and is hereby accepted and approved. BE IT FURTHER RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Warranty Deed being granted by Charles R. Rundstrom and Jacqueline D. Rundstrom, Husband and Wife, to the City of Kearney be and is hereby accepted and approved. PASSED AND APPROVED THIS 26TH DAY OF NOVEMBER, 2013. ATTEST: STANLEY A. CLOUSE MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL CITY CLERK AND EX-OFFICIO MAYOR

IV. CONSENT AGENDA Mayor Clouse stated Item 16 needs to be amended to the date of the event being December 14 in the Exposition Building and not December 5. Moved by Buschkoetter seconded by Clouse that Subsections 1 through 16 of Consent Agenda Item IV be approved with the noted date change to Item 16. Roll call resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter. Nay: None. Lear absent. Motion carried.


1. Approve Minutes of Regular Meeting held November 12, 2013.

2. Approve the following Claims:

PS Personnel Services SMCS Supplies, Materials & Contractual Services ER Equipment Rental CO Capital Outlay DS Debt Service

1000Bulbscom $288.08 smcs; 4Imprint $267.41 smcs; AT&T $149.08 smcs; AA LED Supply $56.94 smcs; AccessData Group $951.15 smcs; Ace Eaton Metals $638.70 co; Ace Hardware $42.95 smcs,co; Advance Auto Parts $29.93 smcs; Agrium Advanced $1,508.64 smcs; Air Delights $237.87 smcs; All Makes Auto $354.00 smcs; All Makes Equip $18,201.33 co; All Road Barricades $700.00 smcs; Alley Rose $97.51 smcs; Allied Electronics $56.86 smcs; AM Leonard $416.75 smcs; Amazon $1,214.19 smcs,co; American $426.39 smcs; Amer First Aid $240.36 smcs; Amer Legion Emblem $165.26 smcs; Amer Library Assn $265.00 smcs; Amer Red Cross $304.00 smcs; Amsan $663.84 smcs; Apple Itunes $249.04 co;ARC Services $171.00 smcs; Ask Supply $237.77 smcs; Atbattcom $36.68 smcs; Aurora Coop $1,854.55 smcs; Auto Parts $269.88 smcs; Baird Holm $1,507.83 smcs; Baker & Taylor $4,715.78 smcs; Barr-Thorp Electric $1,323.35 smcs; Bear Frame $126.49 smcs; Bike Shed $146.96 smcs; BlueCross BlueShield $118,211.51 smcs; Boopsie $3,596.00 smcs; Brandt,L $169.84 smcs; Brewer,P $51.73 smcs; Broadfoot's $740.00 smcs; Brodart Co $613.35 smcs; Buffalo Community Partners $1,000.00 smcs; Buffalo Outdoor Power $57.20 smcs; Builders $6,557.62 smcs,co; Bustamante,J $68.20 smcs; Cabela's $10.00 smcs; Carquest Auto $2,172.59 smcs; Cash-Wa $444.90 smcs; CDW Govt $2,881.03 co; Center Point Large Print $23.37 smcs; Central Hydraulic Systems $5,382.15 smcs; Charter $6.33 smcs; Chesterman $108.90 smcs; Chicken Coop $40.00 smcs; CHS Agri Service $1,998.92 smcs; Chung,T $95.18 smcs; City of Ky $11,054.69 ps,smcs,co; Cleverbridgenet $109.90 co; CMS Communications $37.84 smcs; Coldspring $216.90 smcs; Community Action Partner $313.00 smcs; Compasscom $50.00 smcs; Conseco Life Ins $19.00 ps; Consolidated Management $394.25 smcs; Consolidated Plastics $66.91 smcs; Construction Rental $836.31 smcs,co; Copycat Printing $448.50 smcs; Courtyard Marriott $912.16 smcs; Cowpoke $100.00 smcs; Credit Management Serv. $141.09 ps; Crossroads Ford $45.96 smcs; C-Tech Restoration $6,363.22 smcs; Culligan $89.75 smcs; Cummins Central Power $2,022.54 smcs; Curb-It $1,782.00 smcs; D&S Lighting $75.00 smcs; Danko Emergency $1,017.12 smcs; Davis Equipment $421.74 smcs; Dawson PPD $24,535.92 smcs; Daylight Donuts $44.10 smcs; Days Inn $149.64 smcs; Del City $100.90 smcs; Dell $783.38 co; Demco $925.53 smcs; Department of Airports $3,690.00 smcs; Depository Trust $18,993.37 ds; Deterdings $136.27 smcs; Diamond Vogel Paint $169.96 smcs; Digicert $419.00 co; Digital Intelligence $61.56 co; Disc Sport Products $214.23 smcs; Dish $77.02 smcs; Dollar-Thrifty $219.42 smcs; Eakes $1,234.13 smcs,co; Earl May $85.94 smcs; Ecessa Corp $1,648.00 smcs; Economic Development $135,000.00 smcs; Eileen's $15.25 smcs; Elliott Equip $13,627.96 smcs; EMC Ins $16,259.22 smcs; Emergency Apparatus $587.53 smcs; Eustis Body Shop $200.00 smcs; Evans,S $43.36 smcs; Evers,B $768.75 smcs; Exhaust Pros $557.00 smcs; Fairbanks $604.38 smcs; Farmers Union Coop $79.10 smcs; Fastenal $1,099.62 smcs; Fedex $137.11 smcs; Fiddelke $225.44 smcs,co; Fire Cam $567.90 smcs; Fitness $86.00 ps; Fleetpride $1,139.82 smcs;


Frontier $189.35 smcs; Gale $293.90 smcs; Galls $130.01 smcs; Gametime $59,987.77 co; Garrett Tires $4,151.84 smcs,co; Gaylord Bros $300.48 smcs; GE Money Bank $2,090.69 smcs; Geminicomputercom $209.46 smcs; Gempler $751.09 smcs; General Traffic Controls $226.87 smcs; Global Industries $210.62 smcs; Graham Tire $502.54 smcs; Grainger $1,597.39 smcs; Griffith,C $23.01 smcs; Hach Co $2,118.47 smcs; Hastings Daily Tribune $38.30 smcs; Hays,J $89.57 smcs; HD Supply $96.30 smcs; Heiman Fire Equip $252.90 smcs; HOA Solutions $2,688.00 smcs; Hobby-Lobby $938.15 smcs,co; Holiday Inn $838.62 smcs; Holmes Plbg $604.75 smcs,co; IAPMO $155.30 smcs; ICMA RC $4,074.22 ps; ID Security Online $73.00 co; Image Factory $500.00 smcs; Impact Data Books $603.92 smcs; Infogroup $2,968.00 smcs; IRS $125,699.07 ps; Int'l Institute $185.00 smcs; Investment Property $3,000.00 smcs; Jack Lederman $47.04 smcs; Jamar Technologies $4,321.00 smcs; John Deere Landscapes $619.15 smcs,co; Johnson Controls $3,450.00 smcs; Johnstone Supply $135.88 smcs; Just Blinds $324.00 smcs; K&K Parts $37.75 smcs; Ky Chamber Comm $347.00 smcs; Ky Clinic $100.00 ps; Ky Concrete $7,579.95 co; Ky Crete & Block $851.66 smcs,co; Ky Hub $3,194.91 smcs; KVFD $500.00 ps; Ky Whse $457.68 smcs; Ky Winlectric $267.11 smcs; Ky Winnelson $55.98 smcs; Kelly Supply $916.28 smcs; Kerby,C $724.95 smcs; Killion Motors $112.94 smcs; Kimball Midwest $157.45 smcs; Kiplinger Tax Letter $67.00 smcs; Kmart $7.04 co; Konica Minolta $1,800.25 smcs; Laerdal Medical $215.95 smcs; Larue Distributing $114.71 smcs; Lawson Products $337.54 smcs; Leopold Painting $21,830.00 co; Lerner Publishing $1,791.13 smcs; Lincoln Airport Parking $88.00 smcs; Lincoln Winwater Works $2,125.98 smcs; Little Caesars $9.00 smcs; Lockmobile $110.00 smcs; Logmeincom $149.00 smcs; Magic Cleaning $7,660.00 smcs; Maintenance Engineering $2,687.80 smcs; Marlatt Machine $60.00 smcs; Matheson Tri-Gas $586.27 smcs; McAfee $2,063.04 smcs; Mead Lumber $116.32 smcs; Menards $2,793.65 smcs,co; Merryman Performing Arts $258.00 smcs; Mid Amer Signal $2,340.00 smcs; Middleton Electric $218.72 smcs; Midlands Contracting $6,272.40 smcs; Mid-State Units $1,160.00 smcs; Midway Chrysler $114.08 smcs; Midwest Labs $506.75 smcs; Midwest Pump $2,072.69 smcs; Midwest Turf $283.21 smcs; Miles Supply $140.47 smcs; Miller & Associates $91,484.17 smcs,co; Miller & Equip $1,432.12 co; Miller Signs $550.00 smcs; Missouri Park $550.00 smcs; Mohlman,C $100.00 ps; Monoprice $149.65 smcs; Moonlight Embroidery $32.00 smcs; Moore Roughouts $54.90 smcs; Municipal Supply $16,507.35 smcs,co; Mycreativeshop.com $19.95 smcs; Navigator Motorcoaches $175.00 smcs; NE Child Support $2,284.66 ps; NE Crane $1,586.25 co; NE Dept of Revenue $43,984.09 smcs; NE Golf Assn $200.00 smcs; NE League of Municipalities $105.00 smcs; NE Library Commission $1,500.00 smcs; NE Machinery $72.67 smcs; NE Public Health $1,976.00 smcs; NE Section AWWA $45.00 smcs; NE State BA $10.70 smcs; NE Truck Center $1,520.51 smcs; NeRPA $420.00 smcs; New Victorian Inn $49.99 smcs; New World Systems $80,293.00 smcs; Northern Safety $475.80 smcs; Northwestern Energy $2,435.42 smcs,co; NRG Media $52.00 smcs; OCLC $436.51 smcs; O'Connor,M $3.88 smcs; Offficenet $439.44 smcs; Office Max $1,413.00 smcs,co; O'Hara Lindsay & Assn $1,500.00 smcs; Omaha World Herald $215.06 smcs; Oriental Trading $375.41 smcs; Orscheln $1,043.19 smcs,co; Oshkosh Corp. $708.19 smcs; Overdrive $9,400.00 smcs; Panowicz,K $20.00 ps; Paramount $160.97 smcs; Party America $33.74 smcs; Paypal $1,269.23 smcs,co; PCMG $900.00 smcs; Pep Co $56.34 smcs; Platte Valley Comm $4,494.07 smcs; Postage Refill $750.00 smcs; Prestige Group $100.00 smcs; Presto-X $440.02 smcs; Pritts,H $11.54 smcs; Proactive Sports $146.00 smcs; Provantage $1,630.34 smcs,co; Quill $676.74 smcs; Radioshack $53.48 smcs; Random House


$24.00 smcs; Ready Mixed Concrete $15,732.40 smcs,co; Reams $187.11 smcs; Recorded Books $159.41 smcs; Red Cross Store $40.81 smcs; Redman's Shoes $482.44 smcs; Reinke's $325.11 smcs; Relectric Supply $224.18 smcs; Research Tech $254.95 smcs; Resource Management $1,176.00 smcs; Rheome Tree $1,870.00 smcs; Roeda Signs $67.86 smcs; Russell's Appliance $189.00 smcs; Sahling Kenworth $1,944.74 smcs; Sapp Bros $27,213.50 smcs; Schindler Elevator $932.16 smcs; Seneca Co $190,455.30 co; Sherwin Williams $1,045.60 smcs; Shopletcom $47.22 smcs; Showcases $1,124.84 smcs; Sirisi Dynix $2,340.00 smcs; Smartsign $35.75 smcs; Softchoice Corp $199.00 smcs; Softwaremediacom $759.96 co; SOS Portable Toilets $117.00 smcs; SE Comm College $14.98 smcs; Sportsmartcom $595.00 smcs; Stampscom $9.99 smcs; Standard Printing $271.60 smcs; Steinbrink Landscaping; $1,979.85 smcs; Steve Spangler Science $18.02 smcs; Strategic Materials $342.62 smcs; Streakwave Wireless $1,270.49 co; Sungard Public Sector $1,480.20 smcs; Sunmart $6.98 smcs; Sunset Printing $600.00 smcs; Target $56.91 smcs,co; Tielke's Sandwiches $59.15 smcs; TLO $1,320.00 smcs; TM Sporting Goods $42.80 smcs; Tokay Software $790.00 smcs; Tool Doctor $32.00 smcs; Tractor-Supply $613.53 smcs,co; Trans Iowa Equip $244.92 smcs; Transit Works $284.25 smcs; Transtyle Transportation $110.00 smcs; Tri City Outdoor Power $56.41 smcs; Turkey Creek Garden $139.80 co; Uline $91.81 smcs; Under Armour Direct $629.72 ps; Union Bank & Trust $60,621.31 ps; Unique Management $331.15 smcs; United Seeds $555.00 co; UPS Store $49.89 smcs; USPS $249.93 smcs; USTA Membership $35.00 smcs; Van Diest Supply $2,427.44 smcs; Verizon Wireless $81.62 smcs; Vernon $4,093.53 smcs; Virtual Graffiti $675.90 co; Wagner Irrigation $1,598.00 smcs; Walgreens $205.31 smcs,co; Wal-mart $906.52 smcs; Walsh,C $149.72 smcs; Walters Electric $26,457.20 smcs,co; Warren-T Plbg $153.00 smcs; Wastecorp Pumps $463.35 smcs; Watchguard Video $43.00 co; Water Environment $62.00 smcs; Water Environment Federation $109.00 smcs; Wegner,T $213.75 ps; Wiegand Security $90.00 smcs; Wilke's True Value $173.42 smcs; Williams,M $40.12 smcs; Willis Shoe Shop $214.65 smcs; Wittek Golf Supply $302.01 smcs; WPCI $107.00 ps; Payroll Ending 11-16-2013 -- $363,863.89. The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney. 3. Receive recommendations of Planning Commission and set December 10, 2013 at 7:00 p.m. as date and time for hearing on those applications where applicable. 4. Approve the Plans and Specifications for the Ultra Violet Disinfection Equipment

Procurement and set the bid opening date for January 7, 2014 at 2:00 p.m. 5. Adopt Resolution No. 2013-221 approving Application and Certificate for Payment No. 2 in the amount of $1,590.00 submitted by Blessing, LLC and approved by Miller & Associates for the 2012 Part 9 Improvements; CDBG Sidewalks in the Emerson School Area.


WHEREAS, Blessing, LLC of Kearney, Nebraska has performed services in connection with the 2012 Part 9 Improvements; CDBG Sidewalks in the Emerson School Area, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $1,590.00, as shown on


Exhibit “A” attached hereto and made a part hereof by reference and as follows:

Original Contract Sum Change Order No. 1 (6-11-2013)

$290,885.23 .00

Contract Sum To Date 290,885.23 Gross Amount Due 27,750.00 Retainage (10%) 2,775.00 Amount Due to Date 24,975.00 Less Previous Certificates for Payment 23,385.00 Current Payment Due $ 1,590.00

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 2, as shown on Exhibit “A”, be and is hereby accepted and approved. PASSED AND APPROVED THIS 26TH DAY OF NOVEMBER, 2013. ATTEST: STANLEY A. CLOUSE MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL CITY CLERK AND EX-OFFICIO MAYOR 6. Adopt Resolution No. 2013-222 approving Application and Certificate for

Payment No. 1 in the amount of $99,160.57 submitted by Midlands Contracting, Inc. and approved by Miller & Associates for the 2013 Part 1 Improvements – Bid A consisting of Water District No. 2013-570 and Sanitary Sewer District No. 2013-508 for 50th Street from 11th Avenue to 17th Avenue, 51st Street Place from 15th Avenue Place to 16th Avenue Place, all of 14th Avenue Place, all of 15th Avenue Place, all of 16th Avenue Place, all of Loveland Drive all in Fountain Hills Fifth Addition, 11th Avenue from 48th Street north to the north lot line of Lot 10 of Block 3, Fountain Hills Third Addition; Sanitary Sewer Connection District No. 2013-1 beginning at the intersection of the centerlines of 16th Avenue Place and 51st Street Place as platted in Fountain Hills Fifth Addition west to the west line of 17th Avenue, thence north to the northeast corner of Lot 1, Smith Addition; and Sanitary Sewer Connection District No. 2013-2 in a sanitary sewer easement located in part of Outlot A, Fountain Hills Sixth Addition; and part of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska; and 11th Avenue as platted in Fountain Hills Second Addition.

RESOLUTION NO. 2013-222 WHEREAS, Blessing, LLC of Kearney, Nebraska has performed services in connection with the 2013 Part 1 Improvements – Bid A consisting of Water District No. 2013-570 and Sanitary Sewer District No. 2013-508 for 50th Street from 11th Avenue to 17th Avenue, 51st Street Place from 15th Avenue Place to 16th Avenue Place, all of 14th Avenue Place, all of 15th Avenue Place, all of 16th Avenue Place, all of Loveland Drive all in Fountain Hills Fifth Addition, 11th Avenue from 48th Street north to the north lot line of Lot 10 of Block 3, Fountain Hills Third Addition; Sanitary Sewer Connection District No. 2013-1 beginning at the intersection of the centerlines of 16th Avenue Place and 51st Street Place as platted in Fountain Hills Fifth Addition west to the west line of 17th Avenue, thence north to the northeast corner of Lot 1, Smith Addition; and Sanitary Sewer Connection District No. 2013-2 in a sanitary sewer easement located in part of


Outlot A, Fountain Hills Sixth Addition; and part of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska; and 11th Avenue as platted in Fountain Hills Second Addition, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $99,160.57, as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

Original Contract Sum $1,141,528.00 Contract Sum To Date 1,141,582.00 Gross Amount Due 110,178.41 Retainage (10%) 11,017.84 Amount Due to Date 99,160.57 Less Previous Certificates for Payment .00 Current Payment Due $99,160.547

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 1, as shown on Exhibit “A”, be and is hereby accepted and approved. PASSED AND APPROVED THIS 26TH DAY OF NOVEMBER, 2013. ATTEST: STANLEY A. CLOUSE MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL CITY CLERK AND EX-OFFICIO MAYOR 7. Adopt Resolution No. 2013-223 approving Change Order No. 1 showing an

increase in the amount of $6,138.00, Application and Certificate for Payment No. 1 in the amount of $326,166.93 submitted by Dan Roeder Concrete and approved by Miller & Associates for the 2013 Part 4 Improvements consisting of Paving Improvement District No. 2013-963, Sanitary Sewer District No. 2013-509 for Talmadge Street from the west line of 6th Avenue west a distance of 532.09 feet and for 6th Avenue from the north line of Talmadge Street north a distance of 366.09 feet, Water District No. 2013-572 in Talmadge Street from the west line of 6th Avenue west a distance of 532.09 feet.


WHEREAS, Dan Roeder Concrete of Kearney, Nebraska has performed services in connection with the 2013 Part 4 Improvements consisting of Paving Improvement District No. 2013-963, Sanitary Sewer District No. 2013-509 for Talmadge Street from the west line of 6th Avenue west a distance of 532.09 feet and for 6th Avenue from the north line of Talmadge Street north a distance of 366.09 feet, Water District No. 2013-572 in Talmadge Street from the west line of 6th Avenue west a distance of 532.09 feet, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $6,138.00, as shown on Exhibit “A” attached hereto and made a part hereof by reference; and WHEREAS, Dan Roeder Concrete and Miller & Associates have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $326,166.93, as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:



$477,203.80 + 6,138.00 $483,341.80

Contract Sum To Date 483,341.80 Gross Amount Due 332,823.40 Retainage (2%) 6,656.47 Amount Due to Date 326,166.93 Less Previous Certificates for Payment .00 Current Payment Due $326,166.93

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as shown on Exhibit “A”, Application and Certificate for Payment No. 1, as shown on Exhibit “B” be and are hereby accepted and approved. PASSED AND APPROVED THIS 26TH DAY OF NOVEMBER, 2013. ATTEST: STANLEY A. CLOUSE MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL CITY CLERK AND EX-OFFICIO MAYOR 8. Adopt Resolution No. 2013-224 approving Change Order No. 3 showing an

increase in the amount of $13,044.15, Application and Certificate for Payment No. 4-Final in the amount of $144,058.34, and accept the Certificate of Substantial Completion submitted by Blessing, LLC and approved by Miller & Associates for the 2012 Part 6 Improvements; Phase 2 consisting of Paving Improvement District No. 2012-956 for 56th Street from 2nd Avenue west to 6th Avenue.


WHEREAS, Blessing, LLC of Kearney, Nebraska has performed services in connection with the 2012 Part 6 Improvements – Phase 2 consisting of Paving Improvement District No. 2012-956 for 56th Street from 2nd Avenue west to 6th Avenue, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 3 showing an increase in the amount of $13,044.15, as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows: WHEREAS, Blessing, LLC and Miller & Associates have filed with the City Clerk Application and Certificate for Payment No. 4-Final in the amount of $144,058.34, as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:


Change Order No. 2 (7-23-2013) Change Order No. 3 (11-26-2013)

$683,092.30 + 27,602.00 + 2,852.50 + 13,044.15

Contract Sum To Date 726,590.95

Gross Amount Due 726,590.95 Retainage .00 Amount Due to Date 726,590.95 Less Previous Certificates for Payment 582,532.61 Current Payment Due $144,058.34


WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of November 1, 2013, as shown by Exhibit “C” attached hereto and made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 3, as shown on Exhibit “A”, Application and Certificate for Payment No. 4-Final, as shown on Exhibit “B” and the Certificate of Substantial Completion as shown on Exhibit “C” be and is hereby accepted and approved. PASSED AND APPROVED THIS 26TH DAY OF NOVEMBER, 2013. ATTEST: STANLEY A. CLOUSE MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL CITY CLERK AND EX-OFFICIO MAYOR 9. Adopt Resolution No. 2013-225 approving Change Order No. 2 showing an

increase in the amount of $3,819.15 submitted by JIL Asphalt for the 2013 Airport Asphalt Pavement Improvements, Bid A (Asphalt).


WHEREAS, JIL Asphalt Paving Co., of Grand Island, Nebraska has performed services in connection with the 2013 Airport Asphalt Pavement Improvements, Bid B (Asphalt) and have filed with the City Clerk Change Order No. 2 showing an increase to the contract sum in the amount of $3,819.15, as shown on Exhibit “A”, attached hereto and made a part hereof by reference as follows:


Change Order No. 2 (11-26-2013)

$ 58,428.25 + 65,990.00 + 3,819.15

Contract Sum to Date

$128,237.40

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 2, as shown on Exhibits “A”, be and is hereby accepted and approved. PASSED AND APPROVED THIS 26TH DAY OF NOVEMBER, 2013. ATTEST: STANLEY A. CLOUSE MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL CITY CLERK AND EX-OFFICIO MAYOR 10. Adopt Resolution No. 2013-226 appointing David Brandt to fulfill the term

vacated on the Downtown Improvement Board.


WHEREAS, Resolution No. 2005-96 calls for Citizen Board/Commission member appointments to be made by resolution submitted by the Mayor to the City Council for final approval; and WHEREAS, a vacancy currently exists on the Downtown Improvement Board.


NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the following person, as proposed by the Mayor of the City of Kearney, Nebraska, is hereby appointed to fulfill the vacated term as indicated:

DOWNTOWN IMPROVEMENT BOARD David Brandt appointed to fulfill the term vacated by Jon Bokenkamp to July 31, 2017. BE IT FURTHER RESOLVED that this resolution shall be in full force and effect from and after its adoption. PASSED AND APPROVED THIS 26TH DAY OF NOVEMBER, 2013. ATTEST: STANLEY A. CLOUSE MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL CITY CLERK AND EX-OFFICIO MAYOR 11. Adopt Resolution No. 2013-227 repealing Resolution No. 2013-72 pertaining to the redevelopment project (TFD Investments) for Redevelopment Area #5 for an area described as Lots 6 and 7 of Block 3, Kearney Land & Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (1804 8th Avenue).


WHEREAS, on April 23, 2013 the City Council passed and approved Resolution No. 2013-72 pertaining to the redevelopment project submitted by TFD Investments for Redevelopment Area #5 for an area described as Lots 6 and 7 of Block 3, Kearney Land & Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (1804 8th Avenue); and WHEREAS, TFD Investment submitted an NAHP grant application to the Nebraska Department of Economic Development to help fund its housing project; and WHEREAS, the City was notified by the Nebraska Department of Economic Development that the NAHP grant application was not approved. NOW THEREFORE BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that Resolution No. 2013-72 passed and approved on April 23, 2013 be and is hereby repealed in its entirety. PASSED AND APPROVED THIS 26TH DAY OF NOVEMBER, 2012. ATTEST: STANLEY A. CLOUSE MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL CITY CLERK AND EX-OFFICIO MAYOR 12. Adopt Resolution No. 2013-71A amending Resolution No. 2013-71 to correct

the legal description for the specific area on the redevelopment project submitted by Old Towne Enterprises for a personal and commercial storage facility located in Redevelopment Area 5 (north side of South Railroad Street between Avenue A and Avenue B).

RESOLUTION NO. 2013-71A

WHEREAS, the City Council adopted Resolution No. 2013-71 on April 23, 2013 approving a specific redevelopment project within Redevelopment Plan No. 5; and WHEREAS, it has been determined that the legal description set forth in Resolution


No. 2013-71 needs to be amended to specifically designate the area to be part of Lot 8, Glacier Park Addition to the City of Kearney, Buffalo County, Nebraska, with that part of said Lot 8 more particularly described as follows: Beginning at the Southwest corner of said Lot 8; thence northerly N 00° 32' 51" W (assumed bearing), along the West line of said Lot 8, a distance of 110.90 feet; thence northeasterly, N 71° 38' 53" E, a distance of 156.66 feet to the North line of said Lot 8; thence easterly, N 80° 25' 35" E, along the North line of said Lot 8, said North line also being the existing southerly right-of-way line of the Union Pacific Railroad Company, a distance of 26.16 feet to the Northeast corner of said Lot 8; thence southerly, S 00° 34' 30" E, along the East line of said Lot 8, a distance of 158.45 feet to the Southeast corner of said Lot 8; thence westerly, N 88° 15' 58" W, along the South line of said Lot 8, said South line also being the existing northerly right-of-way line of South Railroad Street, a distance of 50.22 feet to the beginning of a curve concave to the South; thence westerly, along said curve and said South line, an arc distance of 125.19 feet to the Southwest corner of said Lot 8 and the point of beginning, said curve having a central angle of 09° 02' 00" and a radius length of 794.04 feet, the long chord of said curve bears S 86° 29' 26" W, a long chord distance of 125.06 feet and is designated as Parcel ID 602486575. NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the legal description set forth in Resolution No. 2013-71 be amended to specifically designate the area for this redevelopment project to be part of Lot 8, Glacier Park Addition to the City of Kearney, Buffalo County, Nebraska, with that part of said Lot 8 more particularly described as follows: Beginning at the Southwest corner of said Lot 8; thence northerly N 00° 32' 51" W (assumed bearing), along the West line of said Lot 8, a distance of 110.90 feet; thence northeasterly, N 71° 38' 53" E, a distance of 156.66 feet to the North line of said Lot 8; thence easterly, N 80°

25' 35" E, along the North line of said Lot 8, said North line also being the existing southerly right-of-way line of the Union Pacific Railroad Company, a distance of 26.16 feet to the Northeast corner of said Lot 8; thence southerly, S 00° 34' 30" E, along the East line of said Lot 8, a distance of 158.45 feet to the Southeast corner of said Lot 8; thence westerly, N 88° 15' 58" W, along the South line of said Lot 8, said South line also being the existing northerly right-of-way line of South Railroad Street, a distance of 50.22 feet to the beginning of a curve concave to the South; thence westerly, along said curve and said South line, an arc distance of 125.19 feet to the Southwest corner of said Lot 8 and the point of beginning, said curve having a central angle of 09° 02' 00" and a radius length of 794.04 feet, the long chord of said curve bears S 86° 29' 26" W, a long chord distance of 125.06 feet and is designated as Parcel ID 602486575. BE IT FURTHER RESOLVED that except as amended by this resolution, all of the terms and conditions of original Resolution No. 2013-71 are hereby confirmed. The legal description set forth in said original Resolution No. 2013-71 is hereby replaced in full as part of Lot 8, Glacier Park Addition to the City of Kearney, Buffalo County, Nebraska, with that part of said Lot 8 more particularly described as follows: Beginning at the Southwest corner of said Lot 8; thence northerly N 00° 32' 51" W (assumed bearing), along the West line of said Lot 8, a distance of 110.90 feet; thence northeasterly, N 71° 38' 53" E, a distance of 156.66 feet to the North line of said Lot 8; thence easterly, N 80° 25' 35" E, along the North line of said Lot 8, said North line also being the existing southerly right-of-way line of the Union Pacific Railroad Company, a distance of 26.16 feet to the Northeast corner of said Lot 8; thence southerly, S 00° 34' 30" E, along the East line of said Lot 8, a distance of 158.45 feet to the Southeast corner of said Lot 8; thence westerly, N 88° 15' 58" W, along the South line of said Lot


8, said South line also being the existing northerly right-of-way line of South Railroad Street, a distance of 50.22 feet to the beginning of a curve concave to the South; thence westerly, along said curve and said South line, an arc distance of 125.19 feet to the Southwest corner of said Lot 8 and the point of beginning, said curve having a central angle of 09° 02' 00" and a radius length of 794.04 feet, the long chord of said curve bears S 86° 29' 26" W, a long chord distance of 125.06 feet and is designated as Parcel ID 602486575. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized and directed to execute and file with the Treasurer and Assessor of Buffalo County, Nebraska, an Amended Allocation Agreement and Notice of Pledge of Taxes with the correct legal description with respect to the Redevelopment Project substantially in the form attached hereto as Amended Exhibit “B” with appropriate insertions. PASSED AND APPROVED THIS 26TH DAY OF NOVEMBER, 2013. ATTEST: STANLEY A. CLOUSE MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL CITY CLERK AND EX-OFFICIO MAYOR 13. Adopt Resolution No. 2012-195A amending Resolution No. 2012-195 to correct

the legal description for the specific area on the redevelopment project submitted by Paul Younes for the construction of a hotel located in Redevelopment Area 8 (northwest of 4th Avenue and Talmadge Street).

RESOLUTION NO. 2012-195A

WHEREAS, the City Council adopted Resolution No. 2012-195 on November 5, 2012 approving a specific redevelopment project within Redevelopment Plan No. 8; and WHEREAS, it has been determined that the legal description set forth in Resolution No. 2012-195 needs to be amended to specifically designate the area to be Lot 1, Younes Center Addition, an Addition to the City of Kearney, Buffalo County, Nebraska and is designated as Parcel ID 580092010. NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the legal description set forth in Resolution No. 2012-195 be amended to specifically designate the area for this redevelopment project to be Lot 1, Younes Center Addition, an Addition to the City of Kearney, Buffalo County, Nebraska and is designated as Parcel ID 580092010. BE IT FURTHER RESOLVED that except as amended by this resolution, all of the terms and conditions of original Resolution No. 2012-195 are hereby confirmed. The legal description set forth in said original Resolution No. 2012-195 is hereby replaced in full as Lot 1, Younes Center Addition, an Addition to the City of Kearney, Buffalo County, Nebraska and is designated as Parcel ID 580092010. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized and directed to execute and file with the Treasurer and Assessor of Buffalo County, Nebraska, an Amended Allocation Agreement and Notice of Pledge of Taxes with the correct legal description with respect to the Redevelopment Project substantially in the form attached hereto as Amended Exhibit “B” with appropriate insertions. PASSED AND APPROVED THIS 26TH DAY OF NOVEMBER, 2013.


ATTEST: STANLEY A. CLOUSE MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL CITY CLERK AND EX-OFFICIO MAYOR 14. Adopt Resolution No. 2013-228 repealing Resolution No. 2013-183 and

approve the redevelopment project submitted by Habitat for Humanity for Redevelopment Area #7 for an area described as Lots 1 through 5 and Outlot A of Block Two and Lots 1 through 6 of Block 3, Marlatt Addition, an addition to the City of Kearney, Buffalo County, Nebraska (Avenue M and east 17th Street).


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 #7 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 Lots 1 through 5 and Outlot A of Block Two, Marlatt Addition, an addition to the City of Kearney, Buffalo County, Nebraska and designated as Parcel IDs 600008006 through and including 600008011; and Lots 1 through 6 of Block 3, Marlatt Addition, an addition to the City of Kearney, Buffalo County, Nebraska and designated as Parcel IDs 600008013 through and including 600008018; 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 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. NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the 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 Lots 1 through 5 and Outlot A of Block Two, Marlatt Addition, an addition to the City of Kearney, Buffalo County, Nebraska and designated as Parcel IDs 600008006 through and including 600008011; and Lots 1 through 6 of Block 3, Marlatt Addition, an addition to the City of Kearney, Buffalo County, Nebraska and designated as Parcel IDs 600008013 through and including 600008018 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 Lots 1 through 5 and Outlot A of Block Two, Marlatt Addition, an addition to the City of Kearney, Buffalo County, Nebraska and designated as Parcel IDs 600008006 through and including 600008011; and Lots 1 through 6 of Block 3, Marlatt Addition, an addition to the City of Kearney, Buffalo County, Nebraska and designated as Parcel IDs 600008013 through and including 600008018 shall be divided, for a period not to exceed 15 years after the effective date of the provision, which effective date shall be identified in the Project Redevelopment Contract, as follows: a. That portion 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 b. That portion 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, of 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. BE IT FURTHER RESOLVED that Resolution No. 2013-183 passed and approved on the 10th day of September, 2013 be and is hereby repealed in its entirety. PASSED AND APPROVED THIS 26TH DAY OF NOVEMBER, 2013. ATTEST: STANLEY A. CLOUSE MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL CITY CLERK AND EX-OFFICIO MAYOR 15. Adopt Resolution No. 2013-229 approving Change Order No. 1 showing a decrease in the amount of $566.00, Application and Certificate for Payment No. 1-Final in the amount of $49,169.00 and accept the Certificate of Substantial Completion submitted by Midlands Contracting and approved by Olsson Associates for the 2013 Part 11 Improvements consisting of Water District No. 2013-571 for Box Butte Avenue from 39th Street south to the south line of Northeast Industrial Second Subdivision and Northeast Industrial Sixth Subdivision.


WHEREAS, Midlands Contracting of Kearney, Nebraska has performed services in connection with the 2013 Part 11 Improvements consisting of Water District No. 2013-571 for Box Butte Avenue from 39th Street south to the south line of Northeast Industrial Second Subdivision and Northeast Industrial Sixth Subdivision, and the City's engineer, Olsson Associates, have filed with the City Clerk Change Order No. 1 showing decrease in the amount of $566.00, as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows: WHEREAS, Midlands Contracting and Olsson Associates have filed with the City Clerk Application and Certificate for Payment No. 1-Final in the amount of $49,169.00, as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:


$49,735.00 - 566.00

Contract Sum To Date 49,169.00

Gross Amount Due 49,169.00 Retainage .00 Amount Due to Date .00 Less Previous Certificates for Payment .00 Current Payment Due $49,169.00

WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of November 1, 2013, as shown by Exhibit “C” attached hereto and made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as shown on Exhibit “A”, Application and Certificate for Payment No. 1-Final, as shown on Exhibit


“B” and the Certificate of Substantial Completion as shown on Exhibit “C” be and is hereby accepted and approved. PASSED AND APPROVED THIS 26TH DAY OF NOVEMBER, 2013. ATTEST: STANLEY A. CLOUSE MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL CITY CLERK AND EX-OFFICIO MAYOR 16. 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 in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N, on December 5, 2013 from 3:00 p.m. until 12:00 a.m. for a rodeo.

V. CONSENT AGENDA ORDINANCES None.

VI. REGULAR AGENDA

MANAGER APPLICATION FOR SMOKER FRIENDLY #017/SF LIQUORS Mayor Clouse opened for discussion the manager application for Ashley Lewis submitted by The Cigarette Store Corp., dba Smoker Friendly #017/SF Liquors in connection with their Class C-102050 liquor license located at 620 East 25th Street, Suite F. Ashley Lewis presented this matter to the Council. They recently opened the store in June. As for training, she started bartending when she was 19 at the Blarney Stone in O’Neill, Nebraska. She also worked at Grandpa’s Steakhouse as a bartender, cocktail waitress and a server. For the last year from March 2012 to May 2013 she managed the liquor store SF Liquors and T&D Liquors in North Platte, Nebraska. They require all of their employees to take the TIPS class online and they have to pass 100 percent and get their certificate before they can start working for their stores. They do not hire anyone under 21 and they train all of their cashiers under the Bars Program as well as all guidelines with Kearney. Mayor Clouse asked what type of protections they have on their cash registers. Ms. Lewis stated they have a date lock that when they scan alcohol it asks what the year is and if it is within the year they turned 21 it asks also for the month and date. Council Member Lammers asked what are their plans if an employee is caught selling to a minor. Ms. Lewis stated they automatically terminate any employee selling to a minor. Moved by Clouse seconded by Lammers to recommend approval to the Liquor Commission the manager application for Ashley Lewis submitted by The Cigarette Store Corp., dba Smoker Friendly #017/SF Liquors in connection with their Class C-102050 liquor license located at 620 East 25th Street, Suite F. Roll call resulted as follows: Aye: Clouse, Lammers, Buschkoetter, Nikkila. Nay: None. Lear absent. Motion carried.


REDEVELOPMENT PROJECT FOR BIG BOY PHASE II; SOUTH OF RAILROAD STREET AND WEST OF AVENUE B Mayor Clouse opened for discussion the redevelopment project for warehouse space (Big Boy Phase II) for Redevelopment Area #3 for an area described as all of Lots 688, 689, 690 and the North Half of Lot 691 and the North Half of Lot 712, and all of Lots 713 and 714, and the vacated alley lying between said Lots in the Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska, together with the vacated West 10 feet of Avenue "B" abutting said Lots 688, 689, 690, and the North Half of Lot 691 on the East, and together with the vacated East 10 feet of Avenue "A" abutting the North Half of Lot 712, and all of Lots 713 and 714 to the West, all in the City of Kearney, Buffalo County, Nebraska (south of Railroad Street west of Avenue B) and to consider Resolution No. 2013-230. Assistant City Manager/Development Services Director Suzanne Brodine stated in May 2013, Big Boy, LLC (Allen Mitchel) submitted a TIF application that was approved by the CRA for Phase II of this project. Unfortunately, Mr. Mitchel was unsuccessful in securing the property proposed in the project and withdrew his application prior to City Council approval. Mr. Mitchel has recently located property that fits the needs of the project and has resubmitted a TIF application for this project. Big Boy, LLC (Allen Mitchel) is considering constructing a 2,925 square foot personal and commercial storage facility in southeast Kearney in Redevelopment Area #3. The site development costs including the land purchase pose a challenge on this railway corridor property. The total new valuation of the property is estimated to be $225,000. The most recent valuation was $68,735, thus creating an estimated new increment of $156,265.00. Current annual taxes for both parcels combined are $1,376.50. The estimated new real estate taxes per year are $3,293. Total estimated eligible on-site TIF expenditures are $235,300 which includes an estimated $145,000 for the land purchase and $38,000.00 for site related improvements (dirt work, paving, landscaping, etc.). On November 7, 2013 the CRA recommended Council approve up to 96 percent of the available Tax Increment up to $38,000 of eligible expenses payable over 12 years. Moved by Lammers seconded by Nikkila to adopt Resolution No. 2013-230 finding that

the redevelopment project set forth in the application submitted by Big Boy, LLC would not be economically feasible without the use of tax-increment financing, that the proposed redevelopment project would not occur in the community redevelopment area 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 best interests of the community; and further move that the redevelopment project be granted 96 percent of the anticipated TIF valuation up to a maximum of $38,000 payable until the 12-year TIF period expires be granted and further grant the Chairman and legal counsel the authority to negotiate and execute a redevelopment contract with Big Boy, LLC. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Nikkila, Lammers. Nay: None. Lear absent. Motion carried.



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 #3 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 all of Lots 688, 689, 690 and the North Half of Lot 691 and the North Half of Lot 712, and all of Lots 713 and 714, and the vacated alley lying between said Lots in the Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska, TOGETHER WITH the vacated West 10 feet of Avenue "B" abutting said Lots 688, 689, 690, and the North Half of Lot 691 on the East, AND TOGETHER WITH the vacated East 10 feet of Avenue "A" abutting the North Half of Lot 712, and all of Lots 713 and 714 to the West and is designated as Parcel IDs 600615000 and 600617000; 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 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. NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the 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 all of Lots 688, 689, 690 and the North Half of Lot 691 and the North Half of Lot 712, and all of Lots 713 and 714, and the vacated alley lying between said Lots in the Original Town of Kearney Junction, now the City of


Kearney, Buffalo County, Nebraska, TOGETHER WITH the vacated West 10 feet of Avenue "B" abutting said Lots 688, 689, 690, and the North Half of Lot 691 on the East, AND TOGETHER WITH the vacated East 10 feet of Avenue "A" abutting the North Half of Lot 712, and all of Lots 713 and 714 to the West and is designated as Parcel IDs 600615000 and 600617000 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 all of Lots 688, 689, 690 and the North Half of Lot 691 and the North Half of Lot 712, and all of Lots 713 and 714, and the vacated alley lying between said Lots in the Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska, TOGETHER WITH the vacated West 10 feet of Avenue "B" abutting said Lots 688, 689, 690, and the North Half of Lot 691 on the East, AND TOGETHER WITH the vacated East 10 feet of Avenue "A" abutting the North Half of Lot 712, and all of Lots 713 and 714 to the West and is designated as Parcel IDs 600615000 and 600617000 shall be divided, for a period not to exceed 12 years after the effective date of the provision, which effective date shall be identified in the Project Redevelopment Contract, as follows: a. That portion 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 b. That portion 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, of 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. PASSED AND APPROVED THIS 26TH DAY OF NOVEMBER, 2013. ATTEST: STANLEY A. CLOUSE MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL CITY CLERK AND EX-OFFICIO MAYOR REDEVELOPMENT PROJECT FOR JD INVESTMENTS (LOGANVIEW APARTMENTS); 1906 WEST 24TH STREET Mayor Clouse opened for discussion the redevelopment project (JD Investments) for Redevelopment Area #10 for an area described the north 240 feet of Lots 2, 3 and 4, Lincoln Way Villa Plots to the City of Kearney, Buffalo County, Nebraska (1906 West 24th Street and adjacent property) and to consider Resolution No. 2013-231. Assistant City Manager/Development Services Director Suzanne Brodine stated on November 7, 2013 the Kearney Community Redevelopment Authority approved a Tax Increment Financing (TIF) application submitted by Jean and Dan Wurtz, on behalf of JD Investments for a 16-unit duplex housing development project located in Area 10. The CRA recognized that significant blight and substandard factors exist in the area and that redevelopment in Area 10, 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 site preparation and infrastructure which would not be possible without tax increment financing. The property is currently owned by the developer. Infrastructure costs including dirt work, water and sewer infrastructure, drainage, and paved parking pose a significant impact on development. Total estimated eligible costs are $503,800. The total new valuation of the property is estimated to be $1,992,000. The most recent valuation was $290,070. This project is estimated to generate an increased tax increment of $1,701,930. On November 7, the CRA recommended Council approve up to 90 percent of the available Tax Increment not to exceed $378,000.00 of eligible expenses payable over 12 years. Moved by Nikkila seconded by Buschkoetter to adopt Resolution No. 2013-231 finding that the redevelopment project set forth in the application submitted by JD Investments would not be economically feasible without the use of tax-increment financing, that the proposed redevelopment project would not occur in the community redevelopment area 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 best interests of the community; and further move that the redevelopment project be granted 90 percent of the anticipated TIF valuation up to a maximum of $378,000.00 payable until the 12-year TIF period expires be granted and further grant the Chairman and legal counsel the authority to negotiate and execute a redevelopment contract with JD Investments. Roll call resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter. Nay: None. Lear absent. Motion carried.



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 #10 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 north 240 feet of Lots 2, 3 and 4, Lincoln Way Villa Plots to the City of Kearney, Buffalo County, Nebraska and is designated as Parcel ID 603744000; 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 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. NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the 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 north 240 feet of Lots 2, 3 and 4, Lincoln Way Villa Plots to the City of Kearney, Buffalo County, Nebraska and is designated as Parcel ID 603744000 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 north 240 feet of Lots 2, 3 and 4, Lincoln Way Villa Plots to the City of Kearney, Buffalo County, Nebraska and is designated as Parcel ID 603744000 shall be divided, for a period not to exceed 12 years after the effective date of the provision, which effective date shall be identified in the Project Redevelopment Contract, as follows: a. That portion 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 b. That portion 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, of 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. PASSED AND APPROVED THIS 26TH DAY OF NOVEMBER, 2013. ATTEST: STANLEY A. CLOUSE MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL CITY CLERK AND EX-OFFICIO MAYOR MANAGEMENT SERVICES WITH GREAT PLATTE RIVER ROAD ARCHWAY Mayor Clouse opened for discussion the Agreement for Management Services between the City of Kearney and the Great Platte River Road Memorial Foundation allowing the City to provide management services to the Archway and to consider Resolution No. 2013-232.


Due to the Archway’s current financial conditions there has been a great deal of discussion regarding the possibility of the City of Kearney providing direct financial assistance to support the Archway. Recently, the City received a letter from the Archway Board requesting:

$75,000 annually for three (3) years

In-kind services – assistance

Direct management oversight

To date, the City of Kearney has provided no direct financial contribution to the Archway. However, the City of Kearney has provided special sales tax funding for capital projects including the Children’s Museum, Firefighters Museum, World Theater, Kearney Raceway, and Kearney Sports Shooting Range. This request is for funds to support ongoing operational costs which special sales tax funds have not been used for. In evaluating this request, City Council should be aware of the following:

The Archway Board has responded to any requests for information from City staff.

The annual operating budget has been reduced from $1,100,000 to $770,000.

The bridge portion has recently been inspected with no structural issues noted.

The facility is completely debt free and totally locally controlled.

The new interstate exit is open with an average of 1,200 cars a day.

The KENO fund has a $200,000 fund balance and could be used for this purpose.

Potential closure may require state tax funds to be used for the removal of the facility.

Presently, private and corporate financial support is non-existent.

Significant recreational opportunities are available at the site. From a staff perspective, the Archway, without debt, has potential to be nearly self-supporting. That also assumes no capital requirements. From a policy and current practice standpoint, special sales tax funds could assist with capital needs leaving the City Council with the decision on how to fund operational needs. If City Council wishes to fund, staff would recommend an agreement with the Archway stipulating the following:

Direct financial assistance - $75,000 a year for three years.

City to provide direct oversight of the facility – no ownership change.

In-direct services to assist as operations need per City Manager.

Buffalo County to provide $75,000 a year for three years.

Kearney Visitors Bureau to provide $100,000 first year and $150,000 each year for two years.

A direct City Council appointment on the Archway Board.

Provision allowing the City to cancel the agreement any time at the City’s sole discretion.

Council Member Lammers stated he wanted to make sure that there will be multiple partners involved in any financing and the money the City is providing. City Manager stated there are multiple partners: the City, the Archway, Buffalo County and the Visitors Bureau. Buffalo County will meet in a few weeks to consider this issue. Mayor Clouse


stated he believed the agreement covers a lot of those areas and provides a lot of oversight and minimizes the risk and the amount of investment the City will have. Leonard Skov, 5610 Avenue N, stated he is a member of the Archway Board and a volunteer director of the Arch. On behalf of the Board he thanked the City for the time already spent and into the future. Since its opening in 2000, the Arch really never had a fair start, visitors projected was grossly over stated, the debt was enormous, access to the Archway from the interstate was difficult at best. To make matters worse fund raising of any significance stalled as the funds were subject to pro-ration to the bond holders. From the beginning the Arch never felt like it was Kearney’s. The Archway has entertained over 1.4 million visitors from every state and almost every country. In 2013, the Archway was featured by US Today as a top five destination to see as part of the 100th anniversary of the Lincoln Highway. The Archway has been covered by the New York Times, Wall Street Journal and was featured in a movie. Over 13 million travelers pass by it ever year and they are greeted by a design that resembles a Nebraska sunset. If you read just a few of the reviews left by visitors you will see amazing, exceptional, impressive and those kinds of words consistently. There is only one Arch in the world and it is here. As of November 15, all debts required by the court have been paid and the Arch is free of its debts. The fund raising limitations are gone. Access to the Arch has dramatically improved. The 1.4 million visitors had to exit the interstate and back track a mile over winding roads. What is different if two of their largest hurdles have been completed. They have the right people asking the right questions; with the help of the City, they have been able to reduce operation expense by over $150,000. Just eliminating the bond debt reduced their insurance at a cost by $60,000. The Arch Forward Committee raised over $140,000 in private funding to take control. Funds came from citizens, business leaders, Grand Island, Humphrey, Lincoln, Omaha, McCook, Miller, South Sioux City as well as Colorado just to name a few. These people sent their support not only for the Arch but for Kearney. They have support that they have never had until now. The Archway is now designated a State Visitors Center. Finally, with the help of the City and County, the Archway with the right people engaged, changes the game significantly. The most difficult hurdle created by bankruptcy is that they start from zero. They have provided the City with an operation plan and they have business leaders and volunteers invested in making this work. If they have the City’s full support, they just need a little time to see what this community can do. If they have not made a significant progress in a short time they understand that they do not have the opportunity and the right to have that support. Council Member Buschkoetter stated there are going to be those that think the City is throwing good money after bad in terms of the Archway’s future. Mr. Skov stated the conditions under which it has been there for those first years were really handicapped and shackled by the bonds. The Archway is in a position now to put its arms around the Arch and the Arch puts itself around Kearney and visa versa. They are in a position to do what is best for Kearney and what Kearney can do that is best for the Arch. Council Member Buschkoetter stated the City is considering $75,000 for the first three years and he thinks the cynic in a lot of folks would say it is going to be more than three


years. Mr. Skov stated that is the hope that it would be that way. He does know there is no other a facility in the State of Nebraska or anywhere. Council Member Lammers asked are there additional plans for the campus out at the Archway as far as other events or activities that may expand the opportunity to raise income out there. Mr. Skov stated that the main function and the main mission of the Arch is to have people learn and understand what was going on here 150 years ago and if they were to get too carried away from that would actually interrupt the main vision and the main operation. We have seen some wonderful pow-wows which attracted a lot of people. It did not help the Arch, in fact, it was an interruption simply because you cannot get out there. If someone drives down the interstate and wants to drive in that particular day they cannot get their car in their so you go to get a bus, and people are not going to do that. They need to get smart enough to have good special events but also to keep where they came from and in its best condition as it can be and they can even expand on that. Mayor Clouse stated this is not a public hearing but certainly it is an important. He will open this up to public comments with some ground rules. The City is interested in the citizens comments but would like citizens to keep them brief and to the point and not to repeat comments that have been stated by someone else. Tom Henning stated he is chairman of the Buffalo County Economic Development Council and a member of the Arch Forward Committee that was formed last March when the Archway ran out of money. Fortunately it is now out from underneath the bondage of a massive amount of debt and has really in place two elements that were badly needed from the beginning to make it a resounding success. First is the newly opened interchange which opened in August and the second element is community support and both of those things were noticeably absent the last ten years. There is no doubt that the interchange has been a huge issue from day one and the response from the community and the outpouring of nearly $150,000 in monetary gifts to buy it out of bankruptcy was overwhelming. The Archway with the support of the community and the City can be a resounding success just like MONA. There was a bunch of community people who took what was once the old post office and this was back in the late 80’s and transitioned it into the Museum of Nebraska Art. They could have ignored it and let it find its way to the same list of landmarks in the community that were torn down. They do not want that to happen with the Archway and Kearney is the “can do community” and can make things work. The Archway has put Kearney, Nebraska on the national map even though it was a financial disaster. It can achieve the greatness from the local, state and national perspective and meet the expectations we all have for it. There is a larger number of people of the Kearney area that believe in this community that will lend their support in making the Archway what it was expected to be from the very beginning. The Council’s decision of support will make that the right one and they will be standing ready to help in any way. There have been many hours spent by many people just to get at the point they are at tonight. Future generations of Kearneyites along with those who love Nebraska will thank the City for stepping up to the plate with its help and consideration.


Betty Warren stated she is here as the Kearney Area Chamber of Commerce Chairman along with most of her people on her committees. Their mission statement at the Chamber reads “promoting the success and profitability of the members through the involvement, education, advocacy and marketing of the Kearney Area business community.” With this in mind, she believes it is in their best interest to do everything they can to support the Arch in any way that they can. The City will not be obligated to fund any capital improvements or pay for the removal of the exhibit if this becomes necessary. A vote to support this agreement may provide the Archway time to implement a plan to engage private and corporate support to sustain operations for the full impact of the new exit to be realized. Again the risk of the City is manageable; however, the opportunity for Kearney and Buffalo County is significant. The Archway is iconic as the only structure of its kind to span an interstate traveled by millions each year. The grounds surrounding the monument are beautiful and valuable. Consideration needs to be given of the possibility of what the Archway and the surrounding area can become for travelers and purpose more importantly the citizens of Kearney. With imagination and vision one can envision a place where travelers stop, rest and explore and a place where area residents can go for fellowship and leisure. The Archway and the surrounding area should be considered an opportunity instead of a burden which has a potential to further enhance the quality of life for Kearney and Buffalo County with very manageable downside risks. Carroll Sheldon stated he had a couple of thoughts. The Archway could be called other things like the Archway Silhouette and be made supporting material to help that. Buffalo grazing Buffalo County could be used in the area as far as visual but also butcher them and sell the meat there. Contact Ted Turner to have an Open House at the Arch to advertise this. Also, it is a neat place for a mobile home park out there to eventually make it an operating business. He always thought the Archway was a little shy on providing a small movie area to hold the kids. He has gone to Indianapolis for 50 years and they use a movie to hold the kids in the place in order for the parents to stay there and spend money. Where else in the United States can you advertise that you have an interstate highway going through your living room. There are so many ideas that can be thrashed around here and made to work but this is a fantastic chance for Kearney to really be on the map. He talked to some truckers from Pennsylvania the other day, they knew about the Archway. It is a conversation piece that goes up and down the interstate and north and south and around the country. It is just starting to come alive. He is not worried about the Archway succeeding; it will succeed and it will make a lot of money down the road. It is important to get some solvent ideas and start to work on them. It is important to advertise and market the Archway. There is no worry on his part on this making a living; it is going to be excellent business out there and it will not take too long. Paul Younes, chairman of Kearney Visitors Bureau stated the Visitors Bureau has supported the Arch since it opened. They support the Arch in access of $150,000 a year and will continue their commitment. Kearney is very fortunate to have 50,000 visitors come to the community to visit the Arch and to spend money in the community in restaurants, shop, gas stations and hotels. They attract a lot of conventions and a lot of travelers that come to Kearney. Mr. Lammers asked what kind of special events


could be held out there. Mr. Younes stated with the group they currently have in place could raise more money to do more things at the Arch. He believes the money needs to be invested in the Arch to make it a better place for everybody. They are committed with their funding of $150,000 to the Arch to help with promotion, special events, advertisement, marketing and a variety of expenses. He is very happy to see the City willing to step up to support $75,000 a year and hopefully the County will do the same thing and hopefully under the direction of the City Manager and the City, he believes the Arch will be very successful. Mayor Clouse stated as he travels the state he always tells people if you are going to live in Kearney or you are going to do business in Kearney you have to have vision because that is how they roll in Kearney. Kearney citizens are visionaries and make things happen; you have to have vision if you want to be in Kearney. The last couple months as he traveled the state there are a lot of people saying “what are you going to do about the Arch.” He would tell them that they are working on it, whatever will be done will be done the right way. The easiest thing as elected officials is to do nothing but he has never taken the easy road on anything. As they worked on this agreement and working with the Arch Board the risk is minimal and fully supports what they are doing. He supports it because their vision for the Arch is they can sit by and let someone else take care of this problem or they can meet it head on and do something with it and if they have the right vision and the right controls and management the vision for the Arch is that it will be successful in some manner. A lot of people are very complimentary of the Arch so to do nothing is not the answer and he fully supports this agreement. Council member Lammers stated the important thing here is the Arch is a national brand, Kearney is noted by the Arch whether we like it or not. When it was originally built for $60 million that was more money than most of us would have thought about putting into that but Kearney is branded by that. People across the country recognize Kearney by the Arch. Also, it is important to note that in this agreement there will be partnerships. Kearney has always been a city of partnerships; people that work together to do the right thing to make things happen. A lot of activities similar to what was previously mentioned with the buffalo across the way, things that bring people off the interstate to enjoy those activities. There are all kinds of activities that would draw people and make the Arch a real drawing card so he also supports the agreement. Council member Nikkila stated he does not have any philosophical quandary about whether they should or whether they can provide support to the Archway. He believes keno is the right pot of money. He believes in the people of Kearney. He knows they can work things out because that is how Kearney works; people get together and solve problems. But he has always believed the City support should follow foundation and corporate support. The City support should be the last box checked off and when a foundation or sponsor wants to support an organization like this they say what is your vision, what are you going to be doing with the property over the next five years. He believes the ideas are just that but does not think this is money that represents tax payers that could be used for other things that have plans. He would rather see that 5-year plan first for where the Archway is going before voting on it.


Council member Buschkoetter stated his percentage is well below 100 percent in believing what the future holds for the Archway. Doing nothing is also doing something if you can consciously make that decision. He currently sees the Arch as being on life support but because of the new entry off of the interstate and also because of the bankruptcy. A patient might be on life support but it is getting better and as a result of that it might need a little transfusion of what is going to come in here. When he first ran for office in 1998, questions that he was asked was when the Archway goes bad what are you going to do. He really did not know the answer then and will say 15 years later he believes Kearney has come up with a plan and something that makes sense. He is not sure if it will work. He is sure that if Kearney does not do something, the patient is not going to make it and it is going to be too late then. He agreed that usually they would like to have that foundation (5-year plan) in place first and he believes and has confidence it will come. He also agreed that the City is the last box checked when it comes to funding and that is the way he would prefer it to be; however, he does not think they have the luxury at this time because of how things have timed out and where they are at. This is the right pool of money, he would much rather be spending $75,000 on a baseball complex, a softball complex, a youth sports complex of some sort there is a long list of things he would rather spend the money on but the reality of the situation is if they do not do something he is afraid the Archway would go away and he thinks that comes at too high of a price for us. Mayor Clouse stated nobody really wants to be in this position, half of the people out here do not want to be in this position but it is where we are at. He still believes we need to step up and make it work. Moved by Buschkoetter seconded by Clouse to adopt Resolution No. 2013-232 approving the Agreement for Management Services between the City of Kearney and the Great Platte River Road Memorial Foundation allowing the City to provide management services to the Archway. Roll call resulted as follows: Aye: Clouse, Lammers, Buschkoetter. Nay: Nikkila. Lear absent. Motion carried.


WHEREAS, The Great Platte River Road Archway is an educational and tourism museum located over Interstate 80 within the city limits of Kearney, Nebraska; and WHEREAS, the Great Platte River Road Archway is the only venue of its kind; and WHEREAS, the Great Platte River Road Archway has brought national attention to Kearney, Nebraska being featured in movies, the New York Times, Wall Street Journal, USA Today, and countless articles in tourism guides and magazines; and WHEREAS, the Great Platte River Road Archway has sold more than 1.4 million tickets since its opening with visitors from all 50 states and almost every country; and WHEREAS, the Great Platte River Road Archway is the attraction associated with Kearney, Nebraska and viewed by over 13 million travelers annually; and WHEREAS, the Great Platte River Road Archway is no longer limited by the significant indebtedness that limited success and local support; and WHEREAS, the Great Platte River Road Archway will benefit from the new Interstate access allowing visitors immediate accessibility to the venue; and


WHEREAS, the Great Platte River Road Archway project benefited the City of Kearney with the construction of over $5 million of infrastructure provided to the City of Kearney; and WHEREAS, the City of Kearney, in partnership with the Great Platte River Road Archway, will create efficiencies and improvements resulting in decreased operating expenses, improved aesthetics and significant operational efficiencies. NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City of Kearney commits itself to providing financial and operational support for the Great Platte River Road Archway. BE IT FURTHER RESOLVED that the City Manager be and is hereby designated as the authorized official. BE IT FURTHER RESOLVED that this proposal is valid for a period of three (3) years from the date of approval. PASSED AND APPROVED THIS 26TH DAY OF NOVEMBER 2013. ATTEST: STANLEY A. CLOUSE MICHAELLE E. TREMBLY PRESIDENT OF THE COUNCIL CITY CLERK AND EX-OFFICIO MAYOR OPEN ACCOUNT CLAIM TO NPPD - $4,165.59 Moved by Lammers seconded by Nikkila that the Open Account Claim in the amount of $4,165.59 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Lammers, Buschkoetter, Nikkila. Nay: None. Clouse abstained. Lear absent. Motion carried.

VII. REPORTS No reports.

VIII. ADJOURN Moved by Clouse seconded by Lammers that Council adjourn at 7:52 p.m. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Nikkila, Lammers. Nay: None. Lear absent. Motion carried. ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR


PS PERSONNEL SERVICES

SMCS SUPPLIES, MATERIALS, AND CONTRACTUAL SERVICES

ER EQUIPMENT RENTAL

CO CAPITAL OUTLAY

DS DEBT SERVICE

Claims

December 10, 2013

Page 1

Vendor Amount Purpose Vendor Amount Purpose

A-1 Refrigeration $1,897.37 smcs HD Supply $4,423.38 smcs

Ahren, Vicki $423.00 smcs Heartland Strategy $10,000.00 smcs

Alfred Bensech $12,496.39 co Hensley, Curtis $279.00 smcs

Ally B Designs $650.00 smcs Hometown Leasing $157.20 smcs

American Fence Company $18,735.00 co Horiba Instruments $2,239.00 smcs

Anderson Brothers $354.96 smcs ICMA Retirement Trust $4,074.24 ps

Antelope $120.00 smcs Internal Revenue Service $129,359.84 ps

Arctic Refrigeration $172.54 smcs J.I.L. Asphalt Paving $128,237.40 co

Ask Supply $2,751.00 smcs Jack Lederman $897.08 smcs

Aurora Coop $54.40 smcs John Deere Financial $176.00 smcs

Bamford $250.00 smcs Johnson Hardware $551.00 smcs

Benson, Greg $50.00 ps Kearney Crete & Block $112.30 smcs

Blessing $173,055.15 co Kearney Humane Society $6,825.00 smcs

Bluecross Blueshield $67,551.57 smcs Kearney United Way $604.04 ps

Broadfoot's $972.00 smcs Krueger, Lu $80.00 smcs

Brown Traffic Products $29,840.00 smcs Krull Insurance $1,950.00 smcs

Capital Business Systems $166.88 smcs Lautenschlager-Stroud, Jena $50.00 ps

Carlson, Roger $100.00 smcs Login/IACP Net $1,100.00 smcs

Cash-Wa $797.30 smcs Magic Cleaning $3,440.00 smcs

City of Kearney $333,076.24 smcs,ps Mail Express $107.40 smcs

City Plumbing $93.00 smcs Malleck, Jerome $45.00 smcs

Cleveland, Elaine $192.00 smcs Marlatt Machine Shop $1,233.00 smcs

Comm. Action Partnership $2,594.72 smcs Martin, Tom $100.00 smcs

Consolidated Management $106.75 smcs Matheson Tri-Gas $88.82 smcs

Cook, Jean $120.00 smcs McCarty, Doug $19.80 smcs

Copycat Printing $394.61 smcs Meier, Bill $325.00 smcs

Crane River Theater $3,991.71 smcs Metlife $8,076.79 ps

Dan Roeder Concrete $326,166.93 co Midlands Contracting $148,329.57 co

Dennis Electric $645.21 co Midwest Storage Solutions $56,944.10 co

Depository Trust Company $120,933.75 ds Miller & Associates $2,100.00 co

Dmilaco $20.00 ps Moonlight Embroidery $949.85 smcs

Dutton-Lainson $40.09 smcs,co NE Child Support Pyt. Ctr. $2,284.66 ps

Eakes $102.53 smcs NE Dept. of Revenue $36,853.35 ps

Eirich, Terry $50.00 smcs NE Golf Association $2,772.00 smcs

Elliott, Kimberly $325.00 smcs NE LE Training Center $100.00 smcs

Expression Wear $217.50 smcs NeRPA $150.00 smcs

Fearnley, Mike $72.22 smcs Norm's Plumbing $1,882.63 smcs

Ferree, Melinda $100.00 smcs Northwestern Energy $8,291.28 smcs

Fireguard $4,531.68 smcs O'Keefe Elevator $367.99 smcs

Flaming, Grant $69.00 smcs One Call Concepts $290.20 smcs

Galls $10.79 smcs Paramount $274.15 smcs

Gangwish Turf $585.75 smcs Pat's Plumbing $215.00 smcs

Garrett Tires $20,609.00 smcs Payflex Systems $548.25 smcs,ps

Giboney, Sara $100.00 ps Platte Valley Comm. $115.00 smcs

Glazier, Rosemary $195.49 smcs Presto-X $48.34 smcs

Goodner, Donald $31.00 smcs Ready Mixed Concrete $760.37 smcs

Gray, Catrina $135.00 smcs Reinke's $880.15 smcs



ER EQUIPMENT RENTAL

CO CAPITAL OUTLAY

DS DEBT SERVICE

Claims

December 10, 2013

Page 2

Rick's Sod Farm $2,815.00 co

Roesler, Alan $50.00 ps

Saltzgaber, Scott $42.80 smcs

Sampson Construction $205,785.31 co

Sapp Brothers $24,137.90 smcs

School District #7 $4,101.30 smcs

Smith, Matt $132.46 smcs

Smith, Rita $50.00 ps

Snap-on Tools $739.00 smcs

State Electrical Division $125.00 smcs

State of NE/AS Central $3,596.08 smcs

Steinbrink Landscaping $100.00 smcs

Stuffield, Patricia $25.00 smcs

Sun Life Financial $62,576.34 smcs

Tacha, Jim $50.00 smcs

Theis, Gisel $51.29 smcs

Thompson Company $148.82 smcs

Thomson Reuters $247.56 smcs

Travel Insured International $1,680.00 smcs

Trenton D. Snow, LLC $185.00 co

Tri-Cities Group $75.00 smcs

Tye & Rademacher $11,586.33 smcso

Union Bank & Trust $62,502.36 ps

United Rentals $2,898.30 smcs

Vasquez, Chris $40.00 smcs

Verizon Wireless $1,080.35 smcs

Village Uniform $543.74 smcs

Walters Electric $560.00 smcs

Watchguard Video $49.00 co

Weidel, George $244.00 smcs

Williams, Matthew $146.90 smcs

COUNCIL AGENDA MEMO

ITEM NO. IV - #3

FROM: Kirk Stocker, Director of Utilities MEETING: December 10, 2013 SUBJECT: Award Bid Sewer Jet Vac Combo Truck PRESENTER: No Presenter – Consent Agenda

Background: In this year’s budget, the Utilities Department/Sanitary Sewer Collection Division, included $380,000 to purchase a new Sewer Jet Vac Combo Truck. The new truck will replace a 1989 International Sewer Jet Truck, an existing 1999 International Sewer Jet Truck will become the backup sewer jet truck. On November 26, 2013 the City received eight sealed bids for the City’s purchase of a new Sewer Jet Vac Combo Truck. A bid tabulation sheet is enclosed for your review. The low bid was submitted by Nebraska Truck Center of Grand Island, Nebraska for a Freightliner Cab and Chassis and a Super Products Camel 200 Jet Vac in the amount of $323,360. However, the low bid as well as others took exceptions to several of the specifications. The low bid meeting specifications was submitted by Nebraska Truck Center for a Freightliner Cab and Chassis and a Vactor 2100 Plus Jet Vac in the amount of $369,328. Several vendors demonstrated their trucks and jet vac equipment to Staff and operators in the last couple years preceding the bid. Since receiving the bids, Staff and operators have carefully reviewed and compared the specifications of the equipment quoted by the bidders. City Staff and operators agree that the Sewer Jet Vac Combo Truck bid by Nebraska Truck Center with the Vactor 2100 Plus Jet Vac in the amount of $369,328 meets the specifications and would be the purchase that is in the best interest of the City. Fiscal Note: This year’s budget included $380,000 for the purchase of a Sewer Jet Vac Combo Truck. The low bid meeting specifications submitted by Nebraska Truck Center in the amount of $369,328 is $10,672 under budget. Recommended Action: Staff recommends accepting the bids and award the bid for the City’s purchase of a Sewer Jet Vac Combo Truck to Nebraska Truck Center of Grand Island, Nebraska in the amount of $369,328.

1

Sewer Jet Vac Combo Bid Date: November 26, 2013

McNeilus Companies

Mid-Iowa Solid Waste Equipment

Midway Sterling Truck Center

Midway Sterling Truck Center (2)

Nebraska Truck Center

Nebraska Truck Center (2)

Rose Equipment

Cab Chassis

NO BID

Freightliner

Western Star

Western Star

Freightliner

Freightliner

2015 Freightliner

Chassis Model No.

114SD

4700 SB

4700 SB

108SD

114SD

108SD

Total

$101,400.00

$101,970.00

$101,970.00

$94,250.00

$97,950.00

$99,936.00

Jet Vac Manufacturer

Vac-Con

Vac-Con V

Vactor

Super Products

Vactor

B15 Aquatech

Jet Vac Model No.

VPD 3616 HEN/1500

PD2616HEN/1500

2100 Plus

Camel 200

2100 Plus

B15

Total

$288,788.23

$288,788.23

$293,878.00

$265,450.00

$293,878.00

$245,560.00

Less Trade In

$13,900.00

$13,900.00

$22,500.00

$36,340.00

$22,500.00

$20,000.00

Final Price

$376,288.23

$376,858.23

$373,348.00

$323,360.00

$369,328.00

$325,496.00

Delivery Days/Date

90-120 days

August 2014

August 2014

150 days from order receipt

120-150 days after chassis

150-180 days

Rose Equipment (2)

Wick’s Sterling Trucks

Cab Chassis

2015 Freighliner

Western Star

Chassis Model No.

108SD

4700SF

Total

$101,132.00

$99,596.00

Jet Vac Manufacturer

F15 Aquatech

Vactor

Jet Vac Model No.

F15

2100 Plus

Total

$254,857.00

$293,878.00

Less Trade In

$20,000.00

$22,500.00

Final Price

$335,989.00

$370,974.00

Delivery Days/Date

150-180 days

120-150 days after

chassis

COUNCIL AGENDA MEMO

ITEM NO. IV - #4


FROM: Michaelle Trembly, City Clerk MEETING: December 10, 2013 SUBJECT: Kearney Volunteer Firefighter Membership PRESENTER: No Presenter – Consent Agenda

Discussion: In accordance with Section 48-115 of the Nebraska Revised Statutes, states in part “Volunteer firefighters of any fire department …. shall be deemed employees of such city while in the performance of their duties as members of such department and shall be considered as having entered and as acting in the regular course and scope of their employment from the instant such persons commence responding to a call to active duty, …. until their return to the location from which they were initially called to active duty or until they engage in any activity beyond the scope of the performance of their duties, whichever occurs first. Members of such volunteer fire department, before they are entitled to benefits under the Nebraska Workers' Compensation Act, shall be recommended by the chief of the fire department …. the mayor and council and upon confirmation shall be deemed employees of such entity.” Attached is the recommendation from Fire Chief Terry Eirich to confirm the appointments of Cory Flaig and Jarrett Johnston to serve as volunteer firefighters on the Kearney Volunteer Fire Department. The City is required to accept the recommendation from the Fire Chief which will keep the City in compliance with state law and to protect the volunteer firefighters. Fiscal Note: There is no financial impact to the City of Kearney by accepting the recommendation from the Fire Chief. Recommended Action: Staff recommends approval of the resolution confirming the recommendation from the Fire Chief in accordance with Section 48-115 of the Nebraska Revised Statutes.

RESOLUTION NO. 2013-239 WHEREAS, Terry Eirich, Chief of the Kearney Volunteer Fire Department, has

forwarded several names of individuals desiring to serve as volunteers in the Kearney

Volunteer Fire Department; and

WHEREAS, based on the recommendation of Chief Eirich, the City Council of the

City of Kearney, Nebraska hereby finds and determines that said persons listed are fully

capable and qualified to serve a membership in the Kearney Volunteer Fire Department;

and

WHEREAS, in order to be qualified for benefits in accordance with Sections 48-115,

et seq. of the Nebraska Revised Statutes, said volunteer firefighters acting outside the

corporate limits of the City must be officially directed to do so in order to be eligible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kearney,

Nebraska, that those persons recommended by the Chief of the Kearney Volunteer Fire

Department for membership in the Kearney Volunteer Fire Department as set forth on

the attached letter of recommendation, marked Exhibit “A,” attached hereto and made a

part hereof by reference, are hereby confirmed as members of the Kearney Volunteer

Fire Department for the purposes of and in accordance with Section 48-115 of the

Nebraska Revised Statutes, and that said members are fully entitled to benefits under

the Workers’ Compensation Act.

BE IT FURTHER RESOLVED that all of said volunteer firefighters named on Exhibit

“A” are hereby specifically authorized and directed to serve outside the corporate limits

of the municipality under the direction, orders and authority of the Chief of the Kearney

Volunteer Fire Department in accordance with Section 4-204 of the Kearney City Code.


ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

COUNCIL AGENDA MEMO

ITEM NO. IV - #5


FROM: Michael Morgan, City Manager MEETING: December 10, 2013 SUBJECT: Archway Funding – Agreement with Kearney Visitors Bureau PRESENTER: No Presenter – Consent Agenda

Discussion: City Council approved on November 26, 2013 an agreement with The Archway to provide management oversight and annual funding of $75,000. This agreement included a provision that the agreement was contingent on funding from the Kearney Visitors Bureau. The Kearney Visitors Bureau has approved the attached agreement regarding funding for The Archway. If Buffalo County approves the inter-local agreement with the City of Kearney all the requirements for the City of Kearney to provide funding and management oversight will have been met.

Fiscal Note: $75,000 a year for three (3) years. Recommended Action: Staff recommends approval.


BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska,

that the Agreement for Funding between the City of Kearney and the Kearney Visitor’s

Bureau for the purpose of providing funding for the management and operation of the

Great Platte River Road Archway be and is hereby approved. The Agreement, marked

as Exhibit ‘A’, is hereby attached hereto and made a part hereof by reference.

BE IT FURTHER RESOLVED that the Mayor be and is hereby authorized and

directed to execute the Agreement for Funding on behalf of the City of Kearney.

PASSED AND APPROVED THIS 10TH DAY OF DECEMBER, 2013. ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

COUNCIL AGENDA MEMO

ITEM NO. VI - #1


FROM: Michaelle Trembly, City Clerk Daniel Lynch, Chief of Police

MEETING: December 10, 2013

SUBJECT: Manager Application for Kearney Community Theatre

PRESENTER: Richard Marlatt, Manager

Discussion:

The attached Application for Manager has been submitted by the Kearney Community Theatre in connection with their Class I-12229 liquor license located at 83 Plaza Boulevard. The Kearney Community Theatre has held a liquor license since 1985 and has not had any violations. A background was conducted by the Police Department on Richard Marlatt as the applicant for Manager and nothing was found that would prohibit Mr. Marlatt from functioning as the manager. He has a basic knowledge of the applicable laws and his plan for managing sales and staff seemed appropriate.

The City Council is concerned with the selling of alcohol to minors in our community, and wants to encourage all license holders to provide the necessary training to all employees that sell or dispense alcohol. Therefore, City Council adopted a Liquor License Policy on March 22, 2011. Mr. Marlatt has completed the Liquor License Training Compliance Form and has indicated he and their employees have received training and their Certificates of Training are on file with the City Clerk’s Office. Fiscal Note:

The license will not be an issue for the City or Police Department and will not pose a negative fiscal impact. Recommended Action:

The Council has the right and obligation to review applications for 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 license. It appears that all of the paperwork has been submitted.

The Council has the following alternatives:

Recommend approval to the Liquor Commission.

Recommend denial to the Liquor Commission.

Submit to the Liquor Commission with no recommendation.

COUNCIL AGENDA MEMO

ITEM NO. VI - #2


FROM: Stanley Clouse, Mayor MEETING: December 10, 2013 SUBJECT: Amend City Code Pertaining to Council Meeting Time PRESENTER: Stan Clouse

Discussion: As you may remember, it was suggested changing the time of the Council meetings. The suggested meeting time is 5:30 p.m. This would allow people to come to the meeting once they are done with work. It also would work well for City staff since they are already at City Hall. The way the ordinance is written is this time change would begin with the first meeting in January which is January 14. Section 1-210 of the City Code would need to be amended to change the time change. This matter can be discussed on Tuesday. Also, staff wanted to make a change to Section 1-206 of the City Code to correct the language to coincide with the Nebraska Revised Statutes relating to the organization meeting of the City Council. Attached is the proposed ordinance amending the City Code as outlined above. Fiscal Note: There is no fiscal impact with regard to amending the City to reflect these changes. Recommended Action: The recommendation is to approve the amendments to the City Code.

ORDINANCE NO. 7861 AN ORDINANCE OF THE CITY OF KEARNEY, NEBRASKA TO AMEND SECTION 1-206 “ORGANIZATION; MAYOR/PRESIDENT; POWERS” OF ARTICLE 2 “CITY COUNCIL” OF CHAPTER 1 “ADMINISTRATION” OF THE CODE OF THE CITY OF KEARNEY, NEBRASKA TO CORRECT THE LANGUAGE TO COINCIDE WITH THE NEBRASKA REVISED STATUTES RELATING TO THE ORGANIZATION MEETING OF THE CITY COUNCIL; TO AMEND SECTION 1-210 “MEETINGS” OF ARTICLE 2 “CITY COUNCIL” OF CHAPTER 1 “ADMINISTRATION” OF THE CODE OF THE CITY OF KEARNEY, NEBRASKA TO CHANGE THE COUNCIL MEETING TIME TO 5:30 P.M. ON THE SECOND AND FOURTH TUESDAY OF EACH MONTH; TO PROVIDE THAT THIS ORDINANCE SHALL BE MADE A PART OF THE CODE OF THE CITY OF KEARNEY; TO REPEAL ALL ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH AND TO PROVIDE FOR SEVERABILITY; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY 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 Section 1-206 “Organization; Mayor/President; Powers” of Article 2 “City Council” of Chapter 1 “Administration” of the Code of the City of Kearney, Nebraska, is hereby amended to read as follows:

1-206 ORGANIZATION; MAYOR/PRESIDENT; POWERS. On the first (1st) Tuesday At the first regular meeting in December following the general election in every even-numbered year, the Council shall meet in the Council Chambers at City Hall and the newly elected Council Members shall assume the duties of their office. The Council shall elect one (1) of its members as president, who shall be ex officio mayor, and another as vice president, who shall serve in the absence of the president. In the absence of the president and the vice president, the Council may elect a temporary chairperson, President Pro Tempore. In all official and unofficial proceedings, the President may be referred to as Mayor. The president shall preside over the Council, and have a voice and vote in its proceedings, but no veto. He/she shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for military purposes. In addition, he/she shall exercise such other powers and perform such duties as are conferred upon the Mayor/President of the City.

Section 2. That Section 1-210 “Meetings” of Article 2 “City Council” of Chapter 1 “Administration” of the Code of the City of Kearney, Nebraska, is hereby amended to read as follows:

1-210 MEETINGS. Regular Council meetings shall be held on the second (2nd) and fourth (4th) Tuesdays in each month, at seven (7:00) 5:30 o’clock p.m. If the same falls upon a legal holiday, the meeting shall be held on the preceding or following day, as the Council determines appropriate. The


Mayor/President, any two (2) Council Members or the City Manager may call special meetings of the Council. The Mayor/President, any two (2) Council Members or the City Manager may call emergency meetings upon at least six (6) hours’ written notice. The meetings of the Council and sessions of committees of the Council shall be public. A majority of the members shall constitute a quorum, but a majority vote of all the members elected shall be required to pass any measure or elect to any office.

Section 3. It is the intention of the City Council, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Kearney, Nebraska, and the sections of this Ordinance may be renumbered to accomplish such intention. Section 4. That all ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 5. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this ordinance. The Mayor and City Council of the City of Kearney hereby declare that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. Section 6. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law starting with the first meeting in January, January 14, 2014, and shall be published in pamphlet form by authority of the City Council. INTRODUCED BY COUNCIL MEMBER PASSED AND APPROVED THIS 10TH DAY OF DECEMBER, 2013. ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

COUNCIL AGENDA MEMO

ITEM NO. VI - #3


FROM: Michael Morgan, City Manager MEETING: December 10, 2013 SUBJECT: Create Archway Advisory Committee PRESENTER: Michael Morgan

Discussion: At the last Council meeting the Council approved the Agreement for Management Services between the City and the Archway Foundation. One of the stipulations of that Agreement is that the City will provide direct oversight of the facility. As with any other Board/Committee of the City, it would be beneficial to create a committee acting in an advisory capacity to the City Manager by advising and assisting the City to insure the efficient and economical management and operation of the Archway. The City will solicit for citizens to submit an Expression of Interest form if they are interested in serving on the Committee. The Committee will consist of five members and will meet as needed. The primary functions of this Committee included:

Recommend policies and procedures for development of the Archway Monument including, but not limited to, laying out, improvement, beautification and design of the grounds, bodies of water and buildings.

Recommend services and programs for the citizens and to promote and stimulate public interest which encourages social, recreational, educational, and business interaction of the citizens.

Assist in developing short and long-range priorities for the provision of recreational and educational services.

Promote coordination of activities with those of public officials, civic groups and other organizations.

Fiscal Note: There is no fiscal impact with regard to creating the Advisory Committee. Recommended Action: Staff recommends approval of the creation of an Archway Advisory Committee.

ORDINANCE NO. 7862 AN ORDINANCE OF THE CITY OF KEARNEY, NEBRASKA TO AMEND THE CODE OF THE CITY OF KEARNEY BY ADDING A NEW ARTICLE 17 ENTITLED “ARCHWAY ADVISORY COMMITTEE” TO CHAPTER 1 “ADMINISTRATION”; TO PROVIDE THAT THIS ORDINANCE SHALL BE MADE A PART OF THE CODE OF THE CITY OF KEARNEY; TO REPEAL ALL ORDINANCES AND RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH AND TO PROVIDE FOR SEVERABILITY; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY 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. The Code of the City of Kearney, Nebraska, is hereby amended by adding a new Article 17, “Archway Advisory Committee” to Chapter 1 “Administration” which reads as follows:

ARTICLE 17. ARCHWAY ADVISORY COMMITTEE 1-1701 ARCHWAY ADVISORY COMMITTEE; CREATED. There is hereby created an Archway Advisory Committee in and for the City of Kearney. The Committee shall act in an advisory capacity to the City Manager or his/her designee by advising and assisting the City to insure the efficient and economical management and operation of the Great Platte River Road Archway Monument including services, programs and related grounds and facilities. 1-1702 COMPOSITION. The Archway Advisory Committee shall consist of five (5) members chosen from the citizens at large and must be residents of the City of Kearney. The City Manager shall serve as an ex officio member of the Board. At the Mayor’s discretion, a Council member may be appointed to serve on this Board. 1-1703 APPOINTMENT. The members of the Archway Advisory Committee shall be appointed by the Mayor with the approval of the majority of the City Council. The appointment for the members of the Board shall be staggered for overlapping terms of three (3) years. 1-1704 COMPENSATION. All members of the Archway Advisory Committee shall serve as such without compensation. 1-1705 SECRETARY. A City staff person shall serve as the recording secretary. The City Manager shall serve as an ex-officio member of the Board. 1-1706 TERMS OF OFFICE. The term of each appointed member of the Archway Advisory Committee shall be three (3) years. All members shall hold office until their successors are appointed. A Board member shall serve a maximum of two (2) consecutive terms. Interim appointments for terms of less than two (2) years shall not be considered a term. In order to establish staggered terms for the members, the initial terms of three (3) members shall be three (3) years, and two (2) members shall be two (2) years. All terms of office will expire on July 31.

Ordinance No. 7862 Page 2 1-1707 PARTICIPATION Members of the Archway Advisory Committee are expected to attend meetings on a regular basis. Whenever a Board member misses three (3) consecutive meetings or his/her attendance falls below seventy-five (75) percent in a 12-month period, the Mayor will formally request, by letter, clarification from the identified board member of the reason for lack of attendance. If no attendance improvement plan can be agreed upon by the Mayor and board member, the board member may be asked to consider resignation. 1-1708 VACANCY OF MEMBER. In case of vacancies by resignation, removal, illness or any other reason, the Mayor with the approval of the majority of the City Council shall immediately appoint a new member to the Board for the unexpired vacated term. 1-1709 MEETINGS; RECORDS. The Archway Advisory Committee shall meet as needed. The time of the meetings shall be fixed by the Board at its first meeting in February. At its first meeting, and then at the regular August anniversary meeting, the members shall elect from its membership a Chairperson and a Vice-Chairperson. The proceedings of the Board shall be recorded and preserved in accordance with the Public Meetings Law, Neb. Rev. Stat. §84-1408 R.R.S., et seq. 1-1710 QUORUM. Three (3) members of the Board shall constitute a quorum for the transaction of business. 1-1711 POWERS AND DUTIES. The Archway Advisory Committee is an advisory board, thus having only that duty and power to advise and recommend to the City Manager and City Council. The Board shall have the duties and responsibilities as may be delegated to it by the City Council. The primary functions and duties include:

• Recommend policies and procedures for development of the Archway Monument including, but not limited to, laying out, improvement, beautification and design of the grounds, bodies of water and buildings.

• Recommend services and programs for the citizens and to promote and stimulate public interest which encourages social, recreational, educational, and business interaction of the citizens.

• Assist in developing short and long-range priorities for the provision of recreational and educational services.

• Promote coordination of activities with those of public officials, civic groups and other organizations.

Section 2. It is the intention of the City Council, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Kearney, Nebraska, and the sections of this Ordinance may be renumbered to accomplish such intention. Section 3. That all ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed. Section 4. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this ordinance. The Mayor and City Council of the City of Kearney hereby declare that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

Ordinance No. 7862 Page 3 Section 5. 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 City Council. INTRODUCED BY COUNCIL MEMBER PASSED AND APPROVED THIS 10TH DAY OF DECEMBER, 2013. ATTEST: STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR MICHAELLE E. TREMBLY CITY CLERK

COUNCIL AGENDA MEMO

ITEM NO. VI - #4


FROM: Michaelle Trembly, City Clerk MEETING: December 10, 2013 SUBJECT: Electrical Service to Remington Heights Second Addition; West of 67th

Street and Avenue L and North of City's Detention Cell PRESENTER: Michaelle Trembly

Discussion: On July 11, 1989, the City Council passed Resolution No. 89-55 approving the Professional Retail Operations Agreement between NPPD and the City of Kearney. The City of Kearney owns an electric distribution system and NPPD leases and operates the City’s system. NPPD maintains the system and constructs any additions necessary for service to the extent such additions are within the established extension area. On November 12, 2013 the Council adopted Resolution No. 2013-209 annexing Remington Heights Second Addition into the corporate limits. This is land consisting of 18.79 acres and located west of 67th Street and Avenue L and north of City's detention cell. NPPD will need to apply to the Nebraska Power Review Board for an order amending its existing retail service area to include this 18.79-acre tract of land into the corporate boundaries. The City of Kearney has an interest in the outcome of such application by reason of its rights under the Professional Retail Operations Agreement and will be a co-applicant with NPPD to the Nebraska Power Review Board. Fiscal Note: The City currently receives 12% electrical lease payment from NPPD pursuant to the Professional Retail Operations Agreement. Electrical services provided within the newly annexed land will be subject to the 12% electrical lease payments. Recommended Action: Staff recommends approval of the resolution authorizing the City to join with NPPD as a co-applicant to the Nebraska Power Review Board for an amendment to NPPD’s retail service area which includes the annexed land located west of 67th Street and Avenue L and north of City's detention cell within the city limits of the City of Kearney.


WHEREAS, on November 12, 2013 the Kearney City Council passed and approved

Resolution No. 2013-209 including within the corporate boundaries of the City of

Kearney said property described as a tract of land being part of the North Half of the

Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M.,

Buffalo County, Nebraska, more particularly described as follows: Referring to the

Northeast Corner of Section 24 and assuming the East line of the Northeast Quarter of

Section 24 as bearing SOUTH and all bearings contained herein are relative thereto;

thence N89°51’35”W and on the North line of the Northeast Quarter of said Section 24

and on the North line of Bel Air Third Addition, an addition to the City of Kearney,

Buffalo County, Nebraska and on the North line of Bel Air Fifth Addition, an addition to

the City of Kearney, Buffalo County, Nebraska a distance of 762.00 feet to the ACTUAL

PLACE OF BEGINNING, said point being the Northwest Corner of said Bel Air Fifth

Addition; thence leaving the North line of the Northeast Quarter of said Section 24,

SOUTH and on the West line of said Bel Air Fifth Addition, a distance of 301.82 feet;

thence West and continuing on the West line of said Bel Air Fifth Addition, a distance of

45.00 feet; thence SOUTH and continuing on the West line of said Bel Air Fifth Addition,

a distance of 381.21 feet; thence S39°08’38”E and continuing on the West line of said

Bel Air Fifth Addition, a distance of 169.50 feet; thence S38°56’30”W and continuing on

the West line of said Bel Air Fifth Addition, a distance of 181.00 feet to a point on a non-

tangent, 313.00 foot radius curve, concave Northeasterly; thence continuing on the

West line of said Bel Air Fifth Addition, Southeasterly on said non-tangent curve forming

a central angle of 38°56’23” an arc distance of 212.72 feet to a point being tangent to

the South line of 67th Street, a street dedicated and shown on the final plat of said Bel

Air Third Addition, said point of tangency bears S70°31’49”E a chord distance of 208.65

feet from the previously described point, and said point of tangency being the Northwest

Corner of Lot 10, Remington Heights Addition, an addition to the City of Kearney,

Buffalo County, Nebraska; thence leaving the West line of said Bel Air Fifth Addition,

and leaving said curve, non-tangent, and on the West line of said Lot 10, Remington

Heights Addition, S40°53’52”W a distance of 216.67 feet to the Southwest Corner of

said Lot 10, Remington Heights Addition, said point being on the Northerly line of a tract

Resolution No. 2013-241 Page 2

of land described on Warranty Deed recorded at Instrument No. 2007-6589 filed for

record August 31, 2007 in the Office of the Buffalo County Register of Deeds; thence

N51°03’37”W on the Northerly line of said tract of land described on Warranty Deed

recorded at Instrument No. 2007-6589 a distance of 1140.50 feet to a point of curvature;

thence continuing on the Northerly line of said tract of land described on Warranty Deed

recorded at Instrument No. 2007-6589 and on a 5754.58 foot radius curve to the left

forming a central angle of 02°39’48” arc distance of 267.5 feet; thence leaving the

Northerly line of said tract of land described on Warranty Deed recorded at Instrument

No. 2007-6589 and leaving said curve, non-tangent, N00°08’47”E a distance of 94.65

feet; thence N89°51’35”W parallel with the North line of the Northeast Quarter of said

Section 24 a distance of 20.16 feet; thence N00°08’47”E a distance of 216.00 feet to a

point on the North line of the Northeast Quarter of said Section 24; thence S89°51’35”E

on the North line of the Northeast Quarter of said Section 24 a distance of 1115.13 feet

to the place of beginning. Containing 18.79 acres, more or less, Buffalo County,

Nebraska (west of 67th Street and Avenue L and north of City's detention cell); and

WHEREAS, the Nebraska Public Power District (NPPD) will apply to the Nebraska

Power Review Board for an order amending its existing retail service area, which

includes the City of Kearney, to include the above described property into the corporate

boundaries of the City of Kearney, Nebraska; and

WHEREAS, the City of Kearney has an interest in the outcome of such application

by reason of its rights under the Professional Retail Operations Agreement with NPPD

approved on July 11, 1989, pursuant to which NPPD operates and maintains the

electric distribution system owned by the City of Kearney; and

WHEREAS, it is determined by the City Council that it would be desirable and in the

best interests of the City of Kearney to join with NPPD as a co-applicant to the

Nebraska Power Review Board.

NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the

City of Kearney, Nebraska, that the City of Kearney, Nebraska, be authorized to join

with NPPD as a co-applicant to the Nebraska Power Review Board for an amendment

to NPPD’s retail service area which includes the City to include the above described

Resolution No. 2013-241 Page 3

property into the corporate boundaries of the City of Kearney, Nebraska in said retail

service area.

BE IT FURTHER RESOLVED that the Vice-President be and is hereby authorized

to execute on behalf of the City of Kearney a joint application with NPPD to the

Nebraska Power Review Board and to cooperate with NPPD in the prosecution of its

application.

BE IT FURTHER RESOLVED that such joint application shall be prosecuted at the

sole cost and expense of NPPD.


ATTEST: RANDY BUSCHKOETTER VICE-PRESIDENT OF THE COUNCIL




ER EQUIPMENT RENTAL

CO CAPITAL OUTLAY

DS DEBT SERVICE

Open Account Claims

December 10, 2013

Page 1

Vendor Amount Purpose

Goodwill Industries $1,920.00 smcs

kearney city council

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