kearney city council

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KEARNEY CITY COUNCIL
AGENDA
City Council Chambers, 18 East 22nd Street
January 27, 2015
5:30 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 - Recognition of visitors.
II UNFINISHED BUSINESS
None.
III PUBLIC HEARINGS
None.
IV CONSENT AGENDA *
1.
Approve Minutes of Regular Meeting held January 13, 2015.
2.
Approve the Claims.
3.
Receive recommendations of Planning Commission and set February 10, 2015 at 5:30
p.m. as date and time for hearing on those applications where applicable.
4.
Adopt Resolution No. 2015-10 approving the following Agricultural Leases at the
Kearney Regional Airport from February 1, 2015 until December 31, 2015: B & B
Bendfeldt Farms, LLC and Brenda Bendfeldt (239.8 irrigated acres); Thomas Larsen and
Theodore Larsen (61 pivot irrigated acres and 64.5 non-irrigated acres).
5.
Approve the application for deferral of special assessments submitted by Notz Farms,
LLC with regard to Paving Improvement District No. 2014-970.
6.
Approve the applications for deferral of special assessments submitted by Berean
Fundamental Church and Jeff and Lisa Overturf with regard to Paving Improvement
District No. 2014-971.
January 27, 2015
Page 2
7.
Approve the application for deferral of special assessments submitted by Jeff Knapp with
regard to Paving Improvement District No. 2014-971, Water District No. 2014-575 and
Sanitary Sewer District No. 2014-513.
8.
Adopt Resolution No. 2015-11 approving the Agreement between the City of Kearney
and McDermott & Miller for auditing services.
9.
Approve the application for a Special Designated License submitted by Alley Rose Inc. of
Kearney, NE, dba Alley Rose in connection with their Class IK-21763 catering liquor
license to dispense beer, wine and distilled spirits inside the Classic Car Museum located
at 3600 East Highway 30, Suite B on February 21, 2015 from 5:00 p.m. until 11:00 p.m.
for a reception.
10. Approve the Plans and Specifications for the 2014 Part 12 Improvements; Airport Water
System Improvements and set the bid opening date for March 3, 2015 at 2:00 p.m.
11. Adopt Resolution No. 2015-12 approving Change Order No. 1 showing an increase in
the amount of $10,015.00 submitted by TL Sund Constructors and approved by
Brungardt Engineering for 2013 Part 82 Improvements; Meadowlark Hills Golf Course
Maintenance Building.
12. Approve the application for a Special Designated License submitted by Gary Wach, dba
Three Brothers Vineyard & Winery in connection with their Class YK-079473 liquor
license to dispense wine in the Exposition Building located at the Buffalo County
Fairgrounds, 3807 Avenue N, on February 17, 2015 from 4:00 p.m. until 10:00 p.m. and
on February 18, 2015 from 1:00 p.m. until 11:00 p.m. for Nebraska Cattlemen’s Classic.
13. Adopt Resolution No. 2015-13 approving Application and Certificate for Payment No. 3
in the amount of $661,411.70 submitted by Midlands Contracting and approved by Miller
& Associates for the 2014 Part 7 Improvements consisting of Paving Improvement District
No. 2014-968 for 4th Street from 3rd Avenue to 6th Avenue and Sanitary Sewer
Connection District No. 2014-1 commencing at a point near the Kearney RV Park located
at 315 Avenue M, northward and westward in an easement, Landon Street if extended,
thence northward through Riverside Addition and Kreutz Addition to 4th Street, thence
westward to Central Avenue.
14. Adopt Resolution No. 2015-14 approving Application and Certificate for Payment No. 2
in the amount of $38,977.66 submitted by Midlands Contracting and approved by Miller &
Associates for the 2014 Part 8 Improvements consisting of Water District No. 2014-574
and Sanitary Sewer District No. 2014-512 in 27th Avenue from 11th Street south 850
feet; and Water District No. 2014-575 and Sanitary Sewer District No. 2014-513 in 30th
Avenue from 11th Street south 1,500 feet.
15. Approve the application for a Special Designated License submitted by Juan Lazo, dba El
Tropico in connection with their Class IBK-37623 catering liquor license to dispense beer
and distilled spirits in the Exhibit Building located at the Buffalo County Fairgrounds, 3807
Avenue N, on March 7, 2015 (alternate date is March 14, 2015 and alternate location is
Exposition Building) from 6:00 p.m. until 1:00 a.m. for a dance.
*
Any item listed on the Consent Agenda may, by the request of any single Council member, be
considered as a separate item under the Regular Agenda Section of the Agenda.
January 27, 2015
Page 3
V CONSENT AGENDA ORDINANCES *
None.
VI REGULAR AGENDA
1.
Consider Resolution No. 2015-15 approving the use of Northwestern Energy funds for
Baldwin Filters to assist in training 114 new positions to support a new product line.
2.
Open Account Claim to NPPD - $71,515.83.
VII REPORTS
VIII ADJOURN
Mayor Stanley Clouse
4907 Linden Drive Place
627-6730 cell
238-5210 office
mayor@kearneygov.org
Vice-President Randy Buschkoetter
1110 13th Avenue
234-5553 home
440-0358 cell
citycouncil@kearneygov.org
Council Member Bruce Lear
4803 Avenue L Place
234-5354 home
237-2724 office
Council Member Bob Lammers
8 Crestview Place
236-5273 home
234-2577 office
Council Member Jonathan Nikkila
4 Regency Place
224-4309 cell
City Manager Michael Morgan
18 East 22nd Street
233-3214 office
mmorgan@kearneygov.org
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
Kearney, Nebraska
January 13, 2015
5:30 p.m.
A meeting of the City Council of Kearney, Nebraska, was convened in open and public
session at 5:30 p.m. on January 13, 2015, in the Council Chambers at City Hall.
Present were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City
Clerk; Council Members Randy Buschkoetter, Bruce Lear, Bob Lammers and Jonathan
Nikkila. Absent: None. Michael Morgan, City Manager; Michael Tye, City Attorney;
Wendell Wessels, Director of Finance; Suzanne Brodine, Assistant City Manager/
Development Services Director; Kirk Stocker, Director of Utilities; Rod Wiederspan,
Director of Public Works; Dan Lynch, Chief of Police; Shawna Erbsen, Administrative
Services Director; and Bruce Grupe, City Engineer were also present. Some of the
citizens present in the audience included: Tom McCarty, Craig Bennett, Robert
Fitzgerald, Mitch Humphrey, Mindy Oman, Alan Wedige, Lucille Stone, Marvin Stone,
Steve Altmaier from KGFW Radio, Ashley White from Kearney Hub and Lauren Scharf
from NTV.
Notice of the meeting was given in advance thereof by publication in the Kearney Hub,
the designated method for giving notice, a copy of the proof of publication being
attached to these minutes. Advance notice of the meeting was also given to the City
Council and a copy of their acknowledgment or receipt of such notice is attached to
these minutes. Availability of the Agenda was communicated in the advance notice and
in the notice to the Mayor and City Council. All proceedings hereafter shown were
taken while the meeting was open to the attendance of the public.
I.
ROUTINE BUSINESS
INVOCATION/MOMENT OF SILENCE
With the absence of a minister, the Council held a moment of silence.
PLEDGE OF ALLEGIANCE
A Boy Scout 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.
ORAL COMMUNICATIONS
Mayor Clouse and Council members recognized former Council member Don Kearney
who passed away recently. He will be missed by all.
January 13, 2015
Page 2
II.
UNFINISHED BUSINESS
There was no Unfinished Business.
III.
PUBLIC HEARINGS
VACATE PART OF LOT 1, INGALLS CROSSING FOURTH AND FINAL PLAT FOR
INGALLS CROSSING EIGHTH
Public Hearings 1, 2 and 3 were discussed together but voted on separately.
Mayor Clouse opened the public hearing on the Applications submitted by Miller &
Associates for Roberta Corrigan, Trustee of the Leroy Corrigan Trust & Roberta
Corrigan, General Partner of Roberta Corrigan Farm, a Nebraska Limited Partnership to
(1) vacate property described as a tract of land being part of Lot 1, Ingalls Crossing
Fourth Addition located in the West Half of the Southwest Quarter of Section 24,
Township 9 North, Range 16 West of 6th P.M., Buffalo County, Nebraska and consider
Ordinance No. 7958; and (2) for the Final Plat and Subdivision Agreement for Ingalls
Crossing Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska,
for property described as a tract of land being part of the West Half of the Southwest
Quarter of Section 24, Township 9 North, Range 16 West of 6th P.M., Buffalo County,
Nebraska (south of 60th Street between 1st Avenue and 2nd Avenue) and consider
Resolution No. 2015-1. Planning Commission recommended approval.
The applicant is requesting approval to develop the next phase of the Ingalls Crossing
Development approximately 600 feet north of 56th Street and east of 2nd Avenue. The
property in question is more accurately described as extending south from 60th Street
to the Jimmy Johns lot (5710 1st Avenue), between 1st Avenue and 2nd Avenue. The
applicant would like to extend 1st Avenue from its existing terminus north to tie into 60th
Street which will greatly improve traffic flow in the area. Municipal water and sanitary
sewer mains were previously installed in the 1st Avenue right-of way alignment. The
applicant is proposing a 6-lot subdivision with all lots on the west side of the street with
rear frontage on 2nd Avenue. The property is currently zoned C-2/PD and will not be
rezoned.
Part of Lot 1 of Ingalls Crossing Fourth Addition must be vacated to accommodate the
proposed subdivision. Ingalls Crossing Fourth was a 2-lot subdivision approved in 2008
north of Applebee’s restaurant. In 2013 the Taco Bell used a Minor Subdivision to split
some of the land from Lot 2 and combine it with additional land to build a restaurant.
More recently, Jimmy Johns performed a similar Minor Subdivision and added land from
Lot 2 of Ingalls Fourth to create a property large enough to construct a restaurant and
then replatted the combined piece as Ingalls Crossing Seventh Addition. The remaining
platted land north of Ingalls Crossing Seventh is part of Lot 1 of Ingalls Fourth Addition
and is the part that will now be vacated so that the new lots in Ingalls Crossing Eighth
can be platted with no undue encumbrances that may be caused by the past Minor
Subdivision land swaps.
January 13, 2015
Page 3
Ingalls Crossing Eighth Addition consists of six commercial lots on 7.59 acres, all on the
west side of 1st Avenue. The lots vary in depth from 255 feet to 348 feet and in width
from 90 to 200 feet providing flexibility in lot sizes for potential commercial businesses.
1st Avenue will be extended from its current terminus at Taco Bell north to 60th Street.
As previously mentioned, City water and sewer are already installed for the entire length
of the 1st Avenue alignment. The lots will be annexed into the corporate limits so that a
paving improvement district can be created for 1st Avenue. The cost estimate to pave
1st Avenue is $250,000 which does not include the cost for inlets.
In past versions of the subdivision layout, a second east/west street labeled as 57th
Street was required between 56th Street and 60th Street. Said street is outside the
boundaries of the Ingalls Crossing Eighth subdivision and does not need to be shown
on the plat. A major draw in the topography of the site runs north from 56th Street
curving to the east. Street crossings at the drainage channel will be expensive and
should be minimized. With 57th Street and 60th Street planned for future roadway
expansion two crossings were contemplated. After lengthy discussion, staff has decided
that 57th Street is no longer warranted since 60th Street will provide adequate eastwest access in this part of the subdivision. Further to the east, Parklane Drive will be
extended north to intersect with 60th Street.
An Infrastructure Feasibility Plan has been submitted. The developer should review the
location of existing sanitary sewer services for both the west side of 1st Avenue and the
east side and consider adding any additional that may be needed before 1st Avenue is
paved. The developer should also consider if water services should be stubbed from the
water main located on the west side of 1st Avenue, to the east side of 1st Avenue
before 1st Avenue is paved. The cost to bore larger diameter water service lines (fire
suppression services) after 1st Avenue is paved will be more expensive than a standard
1-inch service line installed by the City.
The Public Works Department has requested stormwater computations for the proposed
stormwater cell located east of the subdivision at this time as opposed to waiting until
Building Permit application. Staff would like the ability to assess the impact of the
proposed cell on the drainage basin to the east of the site as there are already two
additional cells that are existing here. The stormwater runoff from the proposed
subdivision will be split so that part of the development will flow into a new proposed
detention cell while the remainder can use an existing detention cell. The new cell will
be sized to accommodate additional water from future development in the drainage
basin that has yet to be platted (future lots on the east side of 1st Avenue). Since the
proposed detention cell is located outside the boundary of the plat, the Developer will
need to file easements under separate instrument at the Register of Deeds Office for
the detention cell, storm sewer pipe and drainage ways from the subdivision boundary
to the cell. The cell will be constructed when 1st Avenue is built.
A Subdivision Agreement has been prepared and signed by the owners. Landscaping
will be required at the time individual lots are developed in the future.
This property abuts incorporated land and is already served with public infrastructure.
As per the annexation policy approved by City Council a few years ago, no “islands” of
January 13, 2015
Page 4
un-annexed land are to remain as such. Therefore, this property will be annexed into
the City limits by Final Plat as “an addition to the City of Kearney.”
The applicant has also submitted a complete Development Plan package for a small
commercial retail building on proposed Lot 6 (0.54 acres of lot area, lot size 95 x 260 ±).
The proposed single story building consists of two commercial bays and the dimensions
of the building are 68 feet by 72 feet, or 4,896 square feet of floor area. The amount of
impervious coverage at 64.4% is well below the maximum of 80% in a C-2 district. The
building is pushed back on the site close to the 2nd Avenue frontage with the parking to
the east off of 1st Avenue. 25 parking stalls are required and 25 are provided. A
complete Landscape Plan is provided as are architectural elevations of all four sides of
the building. Proposed construction materials include a mix of split-faced block, brick,
stucco and stone veneer. Public sidewalks are shown along the frontages of both
streets.
Craig Bennett from Miller & Associates presented this matter to the Council. The current
zoning is C-2/PD so they are not asking for any zoning changes on the particular parcel
and there is currently water located in an easement located along on the east side
which is known as 1st Avenue as the plat goes forward and sanitary sewer also exists
along the east side. Basically, the plat is served with both sewer and water but just
missing paving.
Before City Council tonight is the same area as the 2003 Preliminary Plat that is
subdivided into six lots of which they are jogging out to capture where the platted rightof-way ends and will continue northerly to include 1st Avenue all the way up to 60th
Street. There is also needed approval of the development plan. Noted in the Planning
Commission Minutes, they needed to provide storm water calculations for it and they
have identified the area which will be using the existing detention cell and they have
shown the proposed detention cell that will provide storm water detention for four lots as
well as future lots that are currently not platted. In the event that those come forward,
neither one of those developments will need storm water detention on site because it
will be provided by the new detention cell.
With regard to the Development Plan for Lot 6 which is on the southern end of the
subdivision they are proposing basically a 4,800 square foot building. It has two units;
the proposed owner will occupy one unit and probably lease the other. It will have
separate services to each. Parking will be associated and landscaping plans with a
plant schedule since it is required by the Development Plan. Currently, it will not be a
restaurant so the parking is associated to office or retail.
Council Member Buschkoetter asked if it could be converted into a restaurant at a later
date. Mr. Bennett stated it could be if parking could be achieved and so that would
mean a very small seeding area. Council Member Buschkoetter asked so it would limit
what it could be. Mr. Bennett stated the proposed parking shown tonight would limit it
from being an eating establishment that would have much seating in it.
The developer has provided the elevations basically consisting of brick veneer, stone
veneer, and some stucco. The west side which would be facing 2nd Avenue would have
elongated windows and will expose stucco and brick as well. That would be similar to
January 13, 2015
Page 5
the south and north sides of the building.
Tom McCarty from Coldwell Banker representing Ms. Corrigan, family and retail
development is excited to put 1st Avenue in going north. It will help take some of the
traffic off of 2nd Avenue and there is a new business going up north.
There was no one present in opposition to this hearing.
Moved by Lammers to close the public hearing on the Applications submitted by Miller &
Corrigan, General Partner of Roberta Corrigan Farm, a Nebraska Limited Partnership
and introduced Ordinance No. 7958 vacating property described as a tract of land being
part of Lot 1, Ingalls Crossing Fourth Addition located in the West Half of the Southwest
Nebraska and moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage on
the same day upon reading by number only, and then placed on final passage and that
the City Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council member Nikkila seconded the motion to close
the hearing and suspend the rules for Ordinance No. 7958. President of the Council
asked for discussion or if anyone in the audience was interested in the ordinance. No
one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lear,
Nikkila, Lammers, Buschkoetter. Nay: None. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared passed and
adopted. City Clerk read Ordinance No. 7958 by number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye: Clouse,
Lear, Nikkila, Lammers, Buschkoetter. Nay: None. Motion carried. Ordinance was read
by number.
Moved by Nikkila seconded by Lear that Ordinance No. 7958 be passed, approved and
published as required by law. Roll call resulted as follows: Aye: Clouse, Nikkila,
Lammers, Buschkoetter, Lear. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and final passage of the ordinance,
Ordinance No. 7958 is declared to be lawfully passed and adopted upon publication in
pamphlet form and made available to the public at the Office of the City Clerk, the
Kearney Police Department and the Kearney Public Library.
Moved by Lear seconded by Buschkoetter to adopt Resolution No. 2015-1 approving
the Final Plat and Subdivision Agreement for Ingalls Crossing Eighth Addition, an
addition to the City of Kearney, Buffalo County, Nebraska, for property described as a
tract of land being part of the West Half of the Southwest Quarter of Section 24,
Township 9 North, Range 16 West of 6th P.M., Buffalo County, Nebraska (south of 60th
Street between 1st Avenue and 2nd Avenue). Roll call resulted as follows: Aye: Clouse,
Lammers, Buschkoetter, Lear, Nikkila. Nay: None. Motion carried.
January 13, 2015
Page 6
RESOLUTION NO. 2015-1
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF
KEARNEY, NEBRASKA, that the plat of Ingalls Crossing Eighth Addition, an addition to
the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the West
Half of the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the
6th P.M., Buffalo County, Nebraska, and more particularly described as follows:
Referring to the Southwest Corner of the Southwest Quarter of Section 24 and
assuming the West line of said Southwest Quarter as bearing N 00°21'41" W and all
bearings contained herein are relative thereto; thence N 00°21'41" W on said West line
of the Southwest Quarter a distance of 59.68 feet; thence N 89°38'19” E perpendicular
to said West line of the Southwest Quarter a distance of 59.05 feet to the Southwest
corner of Lot 1, Ingalls Crossing Second Addition to the City of Kearney, Buffalo County,
Nebraska, also being the intersection of the North Right-of-Way of 56th Street and the
East Right-of-Way of Nebraska State Highway 10 (aka. 2nd Avenue) as platted in the
City of Kearney, Buffalo County, Nebraska; thence N 00°31'27” E on said East Right-ofWay a distance of 414.79 feet to a 5/8” rebar with cap; thence N 00°34'14” E continuing
on said East Right-of-Way a distance of 67.94 feet to a 5/8” rebar with cap at the
Northwest Corner of Lot 1, Ingalls Crossing Seventh Addition to the City of Kearney,
Buffalo County, Nebraska, and the ACTUAL POINT OF BEGINNING; thence continuing
N 00°34'14" E on said East Right-of-Way a distance of 356.31 feet to a 5/8" rebar with
cap; thence N 00°18'08" W continuing on said East Right-of-Way a distance of 598.79
feet to a 5/8" rebar with cap on the South line of 60th Street as platted in Ingalls
Crossing Third Addition to the City of Kearney, Buffalo County, Nebraska; thence N
89°39'47" E on said South line of 60th Street a distance of 408.84 feet to a 5/8" rebar
with cap on the East line of First Avenue as platted in said Ingalls Crossing Third
Addition, and the East line of a Public Access, Water, Storm Sewer, and Sanitary Sewer
Easement to the City of Kearney, Nebraska, and recorded as instrument 2004-04606 in
the Buffalo County, Nebraska, Register of Deeds office; thence S 00°22'55" E on said
East Easement line a distance of 255.83 feet to a 5/8" rebar with cap at the beginning of
a tangent curve to the Right, having a radius of 330.00 feet, a central angle of
25°01'40", an arc length of 144.15 feet, a chord bearing of S 12°07'55" W, for a distance
of 143.01 feet to a 5/8" rebar with cap; thence S 24°38'45" W continuing on said East
Easement line a distance of 100.00 feet to a 5/8" rebar with cap at the beginning of a
tangent curve to the Left, having a radius of 270.00 feet, a central angle of 25°14'53", an
arc length of 118.98 feet, a chord bearing of S 12°01'17" W, for a distance of 118.02
feet to a 5/8" rebar with cap; thence S 00°36'10" E continuing on said East Easement
line a distance of 172.61 feet to a 5/8" rebar with cap on the East line of First Avenue as
platted in said Ingalls Crossing Fourth Addition; thence S 89°46'05" W on the North line
of said Ingalls Crossing Fourth Addition a distance of 60.00 feet to a 5/8" rebar with cap
on the West line of said First Avenue; thence S 00°11'26" E on said West line of First
Avenue a distance of 130.99 feet to a 5/8" rebar with cap at the beginning of a tangent
curve to the Left, having a radius of 231.22 feet, a central angle of 13°35'59", an arc
length of 54.88, and a chord bearing of S 06°59'25" E, for a distance of 54.75 feet to a
5/8" rebar with cap at the Northeast corner of said Lot 1, Ingalls Crossing Seventh
Addition; thence N 89°25'21" W on the North line of said Lot 1, Ingalls Crossing Seventh
Addition a distance of 263.52 feet to the Point of Beginning, containing 7.59 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
January 13, 2015
Page 7
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 Subdivision Agreement, marked as Exhibit
“A” attached hereto and made a part hereof by reference, be and is hereby approved
and that the President of the Council be and is hereby authorized and directed to
execute said agreement on behalf of the City of Kearney, Nebraska. Said Subdivision
Agreement shall be filed with the final plat with the Buffalo County Register of Deeds.
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.
PASSED AND APPROVED THIS 13TH DAY OF JANUARY, 2015.
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK
STANLEY A. CLOUSE
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
ANNEXATION OF INGALLS CROSSING EIGHTH ADDITION
Mayor Clouse opened the public hearing on the Application submitted by Miller &
Corrigan, General Partner of Roberta Corrigan Farm, a Nebraska Limited Partnership,
for the annexation of Ingalls Crossing Eighth Addition, an addition to the City of
Kearney, Buffalo County, Nebraska, for property described as a tract of land being part
of the West Half of the Southwest Quarter of Section 24, Township 9 North, Range 16
West of 6th P.M., Buffalo County, Nebraska (south of 60th Street between 1st Avenue
and 2nd Avenue) and consider Resolution No. 2015-2. Planning Commission
recommended approval.
Moved by Buschkoetter seconded by Clouse to close the hearing and adopt Resolution
No. 2015-2 approving the Application submitted by Miller & Associates for Roberta
Corrigan, Trustee of the Leroy Corrigan Trust & Roberta Corrigan, General Partner of
Roberta Corrigan Farm, a Nebraska Limited Partnership, for the annexation of Ingalls
Crossing Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska,
for property described as a tract of land being part of the West Half of the Southwest
Nebraska (south of 60th Street between 1st Avenue and 2nd Avenue). Roll call resulted
as follows: Aye: Clouse, Buschkoetter, Lear, Nikkila, Lammers. Nay: None. Motion
carried.
January 13, 2015
Page 8
WHEREAS, an Application has been submitted by Miller & Associates for Roberta
Roberta Corrigan Farm, a Nebraska Limited Partnership for the inclusion of Ingalls
Crossing Eighth Addition, an addition within the corporate boundaries of the City of
Kearney said property described as a tract of land being part of the West Half of the
Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M.,
Buffalo County, Nebraska, and more particularly described as follows: Referring to the
Southwest Corner of the Southwest Quarter of Section 24 and assuming the West line
of said Southwest Quarter as bearing N 00°21'41" W and all bearings contained herein
are relative thereto; thence N 00°21'41" W on said West line of the Southwest Quarter a
distance of 59.68 feet; thence N 89°38'19” E perpendicular to said West line of the
Southwest Quarter a distance of 59.05 feet to the Southwest corner of Lot 1, Ingalls
Crossing Second Addition to the City of Kearney, Buffalo County, Nebraska, also being
the intersection of the North Right-of-Way of 56th Street and the East Right-of-Way of
Nebraska State Highway 10 (aka. 2nd Avenue) as platted in the City of Kearney, Buffalo
County, Nebraska; thence N 00°31'27” E on said East Right-of-Way a distance of
414.79 feet to a 5/8” rebar with cap; thence N 00°34'14” E continuing on said East
Right-of-Way a distance of 67.94 feet to a 5/8” rebar with cap at the Northwest Corner
of Lot 1, Ingalls Crossing Seventh Addition to the City of Kearney, Buffalo County,
Nebraska, and the ACTUAL POINT OF BEGINNING; thence continuing N 00°34'14" E
on said East Right-of-Way a distance of 356.31 feet to a 5/8" rebar with cap; thence N
00°18'08" W continuing on said East Right-of-Way a distance of 598.79 feet to a 5/8"
rebar with cap on the South line of 60th Street as platted in Ingalls Crossing Third
Addition to the City of Kearney, Buffalo County, Nebraska; thence N 89°39'47" E on
said South line of 60th Street a distance of 408.84 feet to a 5/8" rebar with cap on the
East line of First Avenue as platted in said Ingalls Crossing Third Addition, and the East
line of a Public Access, Water, Storm Sewer, and Sanitary Sewer Easement to the City
of Kearney, Nebraska, and recorded as instrument 2004-04606 in the Buffalo County,
Nebraska, Register of Deeds office; thence S 00°22'55" E on said East Easement line a
distance of 255.83 feet to a 5/8" rebar with cap at the beginning of a tangent curve to
the Right, having a radius of 330.00 feet, a central angle of 25°01'40", an arc length of
144.15 feet, a chord bearing of S 12°07'55" W, for a distance of 143.01 feet to a 5/8"
rebar with cap; thence S 24°38'45" W continuing on said East Easement line a distance
of 100.00 feet to a 5/8" rebar with cap at the beginning of a tangent curve to the Left,
having a radius of 270.00 feet, a central angle of 25°14'53", an arc length of 118.98 feet,
a chord bearing of S 12°01'17" W, for a distance of 118.02 feet to a 5/8" rebar with cap;
thence S 00°36'10" E continuing on said East Easement line a distance of 172.61 feet
to a 5/8" rebar with cap on the East line of First Avenue as platted in said Ingalls
Crossing Fourth Addition; thence S 89°46'05" W on the North line of said Ingalls
Crossing Fourth Addition a distance of 60.00 feet to a 5/8" rebar with cap on the West
line of said First Avenue; thence S 00°11'26" E on said West line of First Avenue a
distance of 130.99 feet to a 5/8" rebar with cap at the beginning of a tangent curve to
the Left, having a radius of 231.22 feet, a central angle of 13°35'59", an arc length of
54.88, and a chord bearing of S 06°59'25" E, for a distance of 54.75 feet to a 5/8" rebar
with cap at the Northeast corner of said Lot 1, Ingalls Crossing Seventh Addition; thence
N 89°25'21" W on the North line of said Lot 1, Ingalls Crossing Seventh Addition a
January 13, 2015
Page 9
distance of 263.52 feet to the Point of Beginning, containing 7.59 acres, more or less,
Buffalo County, Nebraska; and
WHEREAS, the Kearney City Planning Commission has received and held a public
hearing on December 19, 2014 on the inclusion of Ingalls Crossing Eighth Addition
within the corporate limits and recommended the Kearney City Council approve said
application; and
WHEREAS, said application to include the land within the corporate limits was duly
signed by the owners of the land affected with the express intent of platting the land as
Ingalls Crossing Eighth Addition, an addition to the City of Kearney, Buffalo County,
Nebraska; and
WHEREAS, a public hearing was held by the Kearney City Council relating to said
application on January 13, 2015 who deemed the said addition to be included within the
corporate limits to be advantageous to and in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the
City of Kearney, Nebraska, that the land to be platted as Ingalls Crossing Eighth
Addition shall be included within the corporate limits of the City of Kearney, Buffalo
County, Nebraska, that the inhabitants of such addition shall be entitled to all the rights
and privileges, and shall be subject to all the laws, ordinances, rules and regulations of
the City of Kearney.
BE IT FURTHER RESOLVED that the inclusion of Ingalls Crossing Eighth Addition
within the corporate limits of the City of Kearney is subject to the final plat being filed
with the Buffalo County Register of Deeds.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
DEVELOPMENT PLANS FOR SOUTH OF 60TH STREET BETWEEN 1ST AVENUE
AND 2ND AVENUE
Mayor Clouse opened the public hearing on the Application submitted by Miller &
Corrigan, General Partner of Roberta Corrigan Farm, a Nebraska Limited Partnership,
for Planned District Development Plan Approval for retail/general office development on
property zoned C-2/PD, Community Commercial/Planned Development Overlay District
and described as a tract of land being part of the West Half of the Southwest Quarter of
Section 24, Township 9 North, Range 16 West of 6th P.M., Buffalo County, Nebraska,
also to be known as Lot 6, Ingalls Crossing Eighth Addition (south of 60th Street
between 1st Avenue and 2nd Avenue) and consider Resolution No. 2015-3. Planning
Commission recommended approval subject to off-site drainage and stormwater
easements shall be filed of record under separate instrument prior to the issuance of
any building permits.
January 13, 2015
Page 10
Moved by Clouse seconded by Lammers to close the hearing and adopt Resolution
No. 2015-3 approving the Application submitted by Miller & Associates for Roberta
Roberta Corrigan Farm, a Nebraska Limited Partnership, for Planned District
Development Plan Approval for retail/general office development on property zoned C2/PD, Community Commercial/Planned Development Overlay District and described as
a tract of land being part of the West Half of the Southwest Quarter of Section 24,
Township 9 North, Range 16 West of 6th P.M., Buffalo County, Nebraska, also to be
known as Lot 6, Ingalls Crossing Eighth Addition (south of 60th Street between 1st
Avenue and 2nd Avenue) subject to off-site drainage and stormwater easements shall
be filed of record under separate instrument prior to the issuance of any building
permits. Roll call resulted as follows: Aye: Clouse, Lear, Nikkila, Lammers,
Buschkoetter. Nay: None. Motion carried.
WHEREAS, Miller & Associates for Roberta Corrigan, Trustee of the Leroy Corrigan
Trust & Roberta Corrigan, General Partner of Roberta Corrigan Farm, a Nebraska
Limited Partnership have applied for Planned District Development Plan Approval for
retail/general office development on property to be zoned C-2/PD, Community
Commercial/Planned Development Overlay District and described as a tract of land
being part of the West Half of the Southwest Quarter of Section 24, Township 9 North,
Range 16 West of 6th P.M., more or less, Buffalo County, Nebraska, also to be known
as Lot 6, Ingalls Crossing Eighth Addition (south of 60th Street between 1st Avenue and
2nd Avenue).
City of Kearney, Nebraska, that the application of Miller & Associates for Roberta
Roberta Corrigan Farm, a Nebraska Limited Partnership for Planned District
Development Plan Approval for retail/general office development on property to be
zoned C-2/PD, Community Commercial/Planned Development Overlay District and
described as a tract of land being part of the West Half of the Southwest Quarter of
Section 24, Township 9 North, Range 16 West of 6th P.M., more or less, Buffalo
County, Nebraska, also to be known as Lot 6, Ingalls Crossing Eighth Addition (south of
60th Street between 1st Avenue and 2nd Avenue) be approved subject to off-site
drainage and stormwater easements shall be filed of record under separate instrument
prior to the issuance of any building permits.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
REZONING EAST OF AVENUE M AND SOUTH OF 16TH STREET
Mayor Clouse opened the public hearing on the Application submitted by Buffalo
Surveying for Marvin Taylor to rezone from District R-1, Urban Residential SingleFamily District (Low Density) to District R-2, Urban Residential Mixed-Density District
property described as Lots 1, 2 and 3 of Block 2, Taylor Addition, an addition to the City
January 13, 2015
Page 11
of Kearney, Buffalo County, Nebraska (east of Avenue M and south of 16th Street) and
consider Ordinance No. 7959. Planning Commission recommended approval.
The applicant is requesting approval of rezoning from R-1, Single-Family Residential
District to R-2, Mixed-Density Residential District for three lots in Taylor Addition on the
southeast quadrant of the intersection of Avenue M and 16th Street. There is an existing
guy wire for an existing electric pole that encumbers Lot 2. It would be difficult to provide
a driveway in a typical single-family development scenario with the guy wire in the way.
Instead of relocating the power lines, which would be expensive (estimated at $60,000
minimum), the applicant would like to construct two buildings across the three lots, each
building containing three townhome units. The proposed buildings can be positioned to
avoid the guy wire and a shared access drive reduces the number of curb cuts on 16th
Street which is also favorable. This type of development requires a rezoning from R-1 to
R-2. Preliminary site layouts were presented to staff at DRT and staff is in support of
this development concept and the required rezoning request.
Mitch Humphrey from Buffalo Surveying presented this matter to the Council. He
represents Marvin Taylor regarding the zoning proposal. What they have is a tract of
land that consists of Lots 1, 2 and 3 of Block 2 of the Taylor Addition which the Council
approved a few months ago. They found out that there is electrical anchor or power pole
apparatus that sits in the middle of the front of Lot 2 that is going to be in the way more
than they anticipated and it is an expensive proposition to move. They met with City
staff and discussed the possibility of zoning the three lots to District R-2 which seems to
be acceptable to them so they can build some townhomes on the lots or duplexes.
The present zoning is R-1 and the tracts on the corner of 16th and Avenue M is R-2 and
in the general neighborhood. The tract that is zoned R-2 is owned by Habitat for
Humanity and they are planning on doing some work there with duplexes and then half
a block to the west off of 16th Avenue, there is development that is zoned R-2/PD.
They think this would fit into the neighborhood, it is right off the intersection and there
will not be any additional drive-way access points or anything that will cause conflicts.
Moved by Lammers to close the public hearing on the Application submitted by Buffalo
Surveying for Marvin Taylor to rezone from District R-1, Urban Residential SingleFamily District (Low Density) to District R-2, Urban Residential Mixed-Density District
property described as Lots 1, 2 and 3 of Block 2, Taylor Addition, an addition to the City
of Kearney, Buffalo County, Nebraska (east of Avenue M and south of 16th Street) and
introduced Ordinance No. 7959 and moved that the statutory rules requiring ordinances
to be read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then placed
on final passage and that the City Clerk be permitted to call out the number of the
ordinance on its first reading and then upon its final passage. Council Member Nikkila
seconded the motion to close the hearing and suspend the rules for Ordinance No.
7959. President of the Council asked for discussion or if anyone in the audience was
interested in the ordinance. No one responded. Clerk called the roll which resulted as
follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter, Lear. Nay: None. Motion to
suspend the rules having been concurred in by three-fourths of the City Council, said
January 13, 2015
Page 12
motion was declared passed and adopted. City Clerk read Ordinance No. 7959 by
number. Roll call of those in favor of the passage of said ordinance on the first reading
resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter, Lear. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Nikkila seconded by Lear that Ordinance No. 7959 be passed, approved and
published as required by law. Roll call resulted as follows: Aye: Clouse, Lammers,
Buschkoetter, Lear, Nikkila. Nay: None. Motion carried.
VACATE LOT 1, SMITH ADDITION, PART OF CASTLE RIDGE FOURTH ADDITION
AND REZONE 5120 17TH AVENUE AND ALSO NORTH OF 19TH AVENUE AND
50TH STREET
Mayor Clouse opened the public hearing on the Applications submitted by Buffalo
Surveying for Starostka Group Unlimited, Inc. and Lucille Stone, Trustee of the Lucille
E. Stone Revocable Trust to (1) vacate Lot 1, Smith Addition, and Lots 1 through 5,
inclusive, Block 1, and Lots 1 through 10, inclusive, Block 2 and all of 21st Avenue
abutting Block 1 on the west and abutting Block 2 on the east and all of 51st Street
Place abutting Lots 1 through 5, inclusive, Block 1 lying east of the east line of 21st
Avenue and all of 51st Street Place abutting Lots 1 through 9, inclusive, Block 2 lying
west of the west line of 21st Avenue, all located in Castle Ridge Fourth Addition and
consider Ordinance No. 7960; and (2) to rezone from District AG, Agricultural District
and District RR-2, Rural Residential District (Intermediate Standards) to District R-1,
Urban Residential Single-Family District (Low Density) and District R-2, Urban
Residential Mixed-Density District property described as Lot 1, now vacated, Smith
Addition, TOGETHER WITH a tract of land located in the Southeast Quarter of the
Northeast Quarter of Section 27, Township 9 North, Range 16 West of 6th P.M., Buffalo
County, Nebraska (5120 17th Avenue and also north of 19th Avenue and 50th Street)
and consider Ordinance No. 7961. Planning Commission and staff recommend approval
and rezoning all of property to R-1. Neither staff nor Planning Commission is in support
of increasing the density with the R-2 rezoning request at this time.
The applicant is requesting approvals for a single-family residential development onehalf block north of 50th Street, from 17th Avenue west to 19th Avenue. The majority of
this property was Preliminary Platted at one time several years ago, and a portion of it
towards the west end was Final Platted as Castle Ridge Fourth Addition. The Developer
has decided to phase his development in a different manner than he originally
contemplated when Castle Ridge Fourth was platted several years ago. He would now
like to pursue development approvals and construction for Castle Ridge Fifth prior to
development of the existing platted Castle Ridge Fourth. There are also some drainage
concerns in the area that was previously platted as Castle Ridge Fourth and the
applicant believes that a new lot layout may be an improvement over the original
January 13, 2015
Page 13
platting. Therefore, he is requesting vacation of Castle Ridge Fourth Addition and the
area will be re-platted at some time in the future.
Recently, the developer was able to exercise purchase options on the property at 5110
17th Avenue (Smith Addition) and the west half of property located at 5120 17th
Avenue, both of which abut the eastern end of property that he already owns. The
addition of the new parcels may allow some flexibility for future development, although
no plan was shown for how the additional property might be redeveloped at this time.
The residents of these houses will continue living in the house until such time in the
future that the property can be included into the development of Castle Ridge.
Castle Ridge Fourth Addition and Smith Addition are requested for vacation. There is no
reason in particular that staff is aware why Castle Ridge Fourth needs to be vacated
except that the developer has decided to concentrate on Castle Ridge Fifth instead and
believes that an improved layout for Castle Ridge Fourth can be achieved in the future.
Staff assumes Castle Ridge Fourth can be vacated at this time, as long as the Register
of Deeds will accept the vacation as presented and the Final Plat of Castle Ridge Fifth
as presented. Staff’s concerns in this regard include:
a) Castle Ridge Fourth was annexed into the City when it was previously platted
and recorded at the Register of Deeds. The City has no intention of abandoning
the annexed area or allowing the developer to remove the property contained
within the annexed boundaries from annexation.
b) Likewise, the property contained in Castle Ridge Fourth was rezoned to R-1 in
the past and the City has no interest in changing the zoning. The applicant has
not requested a change in zone for this area on the rezoning application so this
should not be an issue.
c) It appears that the developer intends to treat the vacated area that would be
former Castle Ridge Fourth (assuming the vacation is approved) as unplatted
land, and that particular land is apparently intended to be combined with other
unplatted lands that the developer owns adjacent and abutting it, such that the
aggregate total of unplatted land, as measured by metes and bounds, will exceed
10 acres in size and thus be exempt from State law requiring any parcel less
than 10 acres to be platted. Staff questions whether more than one parcel, or
multiple parcels, described by metes and bounds and under common ownership,
can be added together to exceed the 10-acre threshold as a single entity when
the single entity is really composed of multiple parts (that do not exceed 10
acres). This is a question for the Register of Deeds. Alternatively, staff wonders
why the entire unplatted, and as yet to be developed property that the developer
owns cannot be shown as a single Outlot, as in “Outlot A” and included in the
Final Plat?
The majority of the property is zoned R-1, Urban Residential Single Family District with
some of the property zoned AG, Agricultural. The property at 5110 17th Avenue is
currently zoned RR-2. At the Development Review Team (DRT) meeting, the
developer’s intent was for R-1 zoning for the entire subdivision. On the rezoning
application and the rezoning exhibit roughly half of the property at 5110 17th Avenue is
proposed for R-2 zoning with the other half proposed as originally slated for R-1. There
was no discussion of R-2 zoning at the DRT meeting. Staff will not support the request
for an increase in density to R-2 without discussing it with the applicant in some detail.
January 13, 2015
Page 14
Although there is higher density zoning in the general area with Richard Young Hospital
and Northridge Retirement Community these properties are really more institutional in
nature than residential. At the residential scale this area is developed, and continues to
develop, as R-1 single-family housing and not duplexes. In addition, staff has agreed to
support a cul-de-sac street that exceeds the 600-foot maximum length to prohibit
additional access points to the arterial street (17th Avenue). Rezoning the parcel in
question directly abutting the arterial street to a higher density is not in accordance with
limiting density and limiting access.
For these reasons staff believes that R-1 is the appropriate zoning category for this
subdivision and will not support rezoning to R-2 at this time. At the Planning
Commission hearing the rezoning issue was discussed and the applicant agreed to
modify the rezoning request by removing any consideration of R-2 and rezoning
everything to R-1. In the future, the applicant can request a different zoning
classification if so desired, but there is no guarantee that a different zoning category will
be supported by staff or approved by Planning Commission and City Council.
The proposed subdivision, to be known as Castle Ridge Fifth Addition, is comprised of
29 single-family residential lots on 13.70 acres of land. The Preliminary Plat was
approved by Planning Commission at the December 16, 2014 meeting. The majority of
the property in this subdivision is flat but the grade drops on the east side towards 17th
Avenue. The layout of the subdivision consists of two east-west oriented cul-de-sacs to
be known as 51st Street Place. The cul-de-sac on the west side of 19th Avenue is short,
but the cul-de-sac on the east side of 19th Avenue is approximately 834 feet in length,
exceeding the 600-foot maximum length stated in the zoning ordinance by 234 feet. As
previously mentioned, staff will support the longer cul-de-sac in order to eliminate
another access onto 17th Avenue. 19th Avenue extends north from 50th Street to
access the cul-de-sac streets and then terminates at the north end of the proposed lots.
19th Avenue will be extended north in some fashion to intersect 56th Street in the
future.
A Subdivision Agreement has been prepared and executed and an Infrastructure
Feasibility Plan has been submitted per City requirements.
This property abuts incorporated land and is already served with public infrastructure.
As per the annexation policy approved by City Council a few years ago, no “islands” of
un-annexed land are to remain as such. Therefore, this property will be annexed into
the City limits by Final Plat as “an addition to the City of Kearney.”
Mitch Humphrey from Buffalo Surveying presented this matter to the Council. He stated
the last sentence that Mayor Clouse stated in regards to the R-2 zoning, which was also
an issue with Planning Commission, is not an issue with them either. They are going to
request the zoning to single family at this point of time. They do recognize where the
tract is located and that perhaps a day in the future if things pane out along 17th
Avenue as they anticipate there may be a project that comes before City Council that
would necessitate a zoning change but for now they will not be addressing that issue
anymore.
January 13, 2015
Page 15
The project is interesting because it is located north of 50th Street. They platted the
Castle Ridge Fourth project off of 21st Avenue which is ready to go but the lots lay out
that such it is not the best way to do things when you look at the entire piece of
property. Mr. and Mrs. Stone live in a house which is Lot 1 of Smith Addition, they have
lived there for a long time and the Greens owned the parcel to the south of them which
is unplatted but it is zoned. Danny Starostka owns an odd shape piece that is unplatted
and owns the other lots in Castle Ridge Fourth and has acquired the Green tract and
has some agreements on the back portion of the Stone land. It is a weird project
because there are all these pieces coming together.
Portions of the two lots will be zoned R-1 and the land to the north which Better Health
Systems own is zoned R-3/PD and that is part of the Northridge Retirement Subdivision
that is annexed.
The vacation essentially is Lot 1 of Smith Addition and all of the residential lots and
streets in the Castle Ridge Fourth development. Some land to the north and the land to
the east which is Castle Ridge Fifth is the land that Starostka Group acquired a number
of years ago. The land to the north is owned by the hospital foundation or one of the
Good Samaritan Hospital entities. To really necessitate a lot of the development to the
north there will have to be some discussions with the owners so the puzzle can be put
together.
They had their engineers look at the map and came up with a plan considering drainage
and traffic patterns that really is nice from the standpoint that they can project 19th
Avenue all the way up to 56th Street and because of the grade changes and the
drainage issues they can come up with some short cul-de-sacs and some lots that
would allow them to extend 21st Avenue to intersect the east-west corridor south of the
Northridge project on 54th Street. That concept works but there will have to be
discussions with the owners.
They are not disconnecting Castle Ridge Fourth from the City’s annexation line or
changing zoning they just want to start with a clean slate so that once they do the
Castle Ridge Fifth project they can address another phase of the Castle Ridge project
so they can work towards something similar to what is currently before Council.
Mr. and Mrs. Stone have been gracious enough to work out an agreement so they can
put sanitary sewer along the south side line of the project and have a gravity flow sewer
for the project which will allow them not to have grinder pumps or a lift station or
anything that will complicate the utilities department. The only issue here would be the
cul-de-sac is a bit excessive in length but when they looked at that with Public Works
that it is best not to have another street intersection off of 17th Avenue which would
allow them to keep traffic running north and south more unimpeded in the future.
There was a great length of discussion with the Planning Commission; most of it
focused around the zoning and once you take that issue off of the table, he believes this
project becomes more palatable and simple.
Mayor Clouse asked you will be vacating Lot 1 and then the cul-de-sac will extend into
that area in Lot 1 correct. Mr. Humphrey stated that is correct. Mayor Clouse asked
January 13, 2015
Page 16
what was going to happen with Castle Ridge Fourth. Mr. Humphrey stated it will be
unplatted at this time. They are basically wiping the slate clean. They are vacating the
lots and blocks and streets that were platted with the exception of the outlot that
handles some drainage. Since they are submitting vacation applications and trying to
get everything to fit together in the future they thought it was prudent to wipe that out of
the books and Danny Starostka has them working on a next phase on down the line as
soon as they get the Castle Ridge Fifth project built out.
Mayor Clouse wanted clarification that it will always be Castle Ridge Fourth; there is
nothing there and it is not included in the annexation, the only thing they are annexing is
Castle Ridge Fifth.
City Attorney Michael Tye stated they are requesting that Castle Ridge Fourth be
vacated so the plat for Castle Ridge Fourth goes away and they are asking for Castle
Ridge Fifth to be platted. A portion of that is in Castle Ridge Fourth. When Castle
Ridge Forth goes away it will not be rezoned it will stay R-1 and it does not change the
annexation line so that land even though it goes back to metes and bounds and not in a
plat it is still part of the City of Kearney and still zoned R-1.
Mayor Clouse stated the only reason he is asking as they go through and do the
annexation map and they identify Castle Ridge First, Third and Fifth Additions and ask
what happened to Fourth Addition. City Attorney stated the only part of Castle Ridge
Fourth that will be left will be Outlot A to the west side that is used for drainage.
City Manager Michael Morgan asked can you have a parcel land that is zoned that is
unidentified in single family. City Attorney stated the City has parcels of properties that
are metes and bounds description that are zoned and it is a different process when they
start it to rezone something that is metes and bounds but that does not mean it cannot
be zoned or annexed either. Platting just defines the lots and the dedication of the
streets and those sorts of things. That does not change the fact that it can be zoned R-1
or that it could be annexed you could have a parcel that is annexed that is not platted.
Council Member Buschkoetter stated they have had some discussions with other culde-sacs about fire trucks and getting them in there and the length of the cul-de-sac.
How is this one okay? Mr. Humphrey stated the benefit they have with the property is
its flat terrain, you can see from one end to the other. One thing they do not have that is
a benefit is that extra bit of traffic coming onto 17th Avenue so it was a tradeoff they
believed was a good one.
Director of Public Works Rod Wiederspan stated Mr. Humphrey is correct they did work
with the developer on this project. It does exceed their requirement of 600 feet on the
cul-de-sac and this one is considerably longer. In doing so they traded off the fact that
they can control the amount of access points onto 17th Avenue. It is a straight cul-desac and the Fire Department believed that it was adequate that they could get in and
out of there to fight a fire if they had to because it is straight. With the grade of the road
coming down on 50th Street, they looked at trying to have a connection to come down
and tie in at 50th Street but the hill did not leave adequate site vision.
January 13, 2015
Page 17
Council Member Buschkoetter stated he is comfortable with that entirely but obviously if
a house is on fire none of that matters. Council Member Nikkila asked if they had
additional fire hydrants in a long cul-de-sac. Public Works Director stated there will be
an intermittent one in the middle of the cul-de-sac as well as the end.
City Manager stated there are several issues with the length of the cul-de-sac and
clarified for the record this will come up again and you will be requested again. This is a
very rare exception and there should be some very specific findings for it because the
Code requires 600 feet for lots of reasons. Not only is it for fire trucks, imagine being a
citizen living on that cul-de-sac at the end you are going to come all the way back and
all the way around so that will be frustrating and it is for standard traffic and law
enforcement when you are driving through a community.
The City may need to look at some different signage for this particular cul-de-sac
because it is 870 feet but on the other side if looking at specific findings, he would say
to make the exception because it is flat which helps. The other issues would be it is
difficult with the first three or four lots coming off of 50th Street and 17th Avenue; 17th
Avenue will be a 4-lane road and a busy road in the near future and so the City wants to
restrict access as part of the tradeoff and to work with the developer. Topography has a
lot to do with it and the feasibility because the fact it is developed on the south inhibits
you as well; if that had not been done City staff would have a different answer. There
are some very unique circumstances but it is a customer convenience issue because of
the length but on the same side the Fire Department does not prefer it.
Council Member Lear clarified with Mr. Humphrey that it was raised at Planning
Commission that it would not be practical to rezone this area to R-2. Mr. Humphrey
stated they understand that it is not prudent to zone it to R-2 at this time; they
understand that arterials and corridors such as this one are subject to different
development techniques other than single family so they do not know what the future
will bring. What they would like to do is recognize it is acceptable to zone this to R-1
and they will see how 17th Avenue by 56th Street develops and go from there. They
still believe that it would be reasonable to zone both of the lots that Stone’s own. They
have some opportunities there with a developer he is working with and what he calls the
balance of the Green lot to R-2 but they are not asking for that tonight.
Council Member Lear stated he understands that he would want R-2 but if you came in
and wanted to rezone that to R-2 and if they had some opposition to it from the R-1 that
has gone in there as a result. That is going to be something hard for him to overcome;
he would want that recognition to be there. From his standpoint he is not saying that R-2
is never appropriate but that it is not prudent.
Mr. Humphrey stated he understands that, it very well could be as we all know in these
corridors that it could be those two lots are zoned to non-retail/commercial or something
that is completely compatible use wise with R-1 from the standpoint that their timing as
far as their uses are generally compatible but for right now they are fine with it.
January 13, 2015
Page 18
Moved by Lear to close the public hearing on the Applications submitted by Buffalo
E. Stone Revocable Trust and introduced Ordinance No. 7960 vacating Lot 1, Smith
Addition, and Lots 1 through 5, inclusive, Block 1, and Lots 1 through 10, inclusive,
Block 2 and all of 21st Avenue abutting Block 1 on the west and abutting Block 2 on the
east and all of 51st Street Place abutting Lots 1 through 5, inclusive, Block 1 lying east
of the east line of 21st Avenue and all of 51st Street Place abutting Lots 1 through 9,
inclusive, Block 2 lying west of the west line of 21st Avenue, all located in Castle Ridge
Fourth Addition AND Ordinance No. 7961 rezoning from District AG, Agricultural District
and District RR-2, Rural Residential District (Intermediate Standards) to District R-1,
Urban Residential Single-Family District (Low Density) property described as Lot 1, now
vacated, Smith Addition, TOGETHER WITH a tract of land located in the Southeast
Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of
6th P.M., Buffalo County, Nebraska and moved that the statutory rules requiring
ordinances to be read by title on three different days be suspended and said ordinances
be considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the number of
the ordinance on its first reading and then upon its final passage. Council member
Buschkoetter seconded the motion to close the hearing and suspend the rules for
Ordinance Nos. 7960 and 7961. President of the Council asked for discussion or if
anyone in the audience was interested in the ordinance. No one responded. Clerk
called the roll which resulted as follows: Aye: Clouse, Buschkoetter, Lear, Nikkila,
Lammers. Nay: None. Motion to suspend the rules having been concurred in by threefourths of the City Council, said motion was declared passed and adopted. City Clerk
read Ordinance Nos. 7960 and 7961 by number. Roll call of those in favor of the
passage of said ordinance on the first reading resulted as follows: Aye: Clouse,
Buschkoetter, Lear, Nikkila, Lammers. Nay: None. Motion carried. Ordinance was read
by number.
Moved by Buschkoetter seconded by Clouse that Ordinance Nos. 7960 and 7961 be
passed, approved and published as required by law. Roll call resulted as follows: Aye:
Clouse, Lear, Nikkila, Lammers, Buschkoetter. Nay: None. Motion carried.
Ordinance Nos. 7960 and 7961 are declared to be lawfully passed and adopted upon
publication in pamphlet form and made available to the public at the Office of the City
Clerk, the Kearney Police Department and the Kearney Public Library.
FINAL PLAT FOR CASTLE RIDGE FIFTH ADDITION
E. Stone Revocable Trust for the Final Plat and Subdivision Agreement for Castle Ridge
Fifth Addition, an addition to the City of Kearney, Buffalo County, Nebraska, for property
described as Lot 1, now vacated, Smith Addition, TOGETHER WITH a tract of land
located in the Southeast Quarter of the Northeast Quarter of Section 27, Township 9
North, Range 16 West of 6th P.M., Buffalo County, Nebraska (5120 17th Avenue and
January 13, 2015
Page 19
also north of 19th Avenue and 50th Street) and consider Resolution No. 2015-4.
Moved by Clouse seconded by Lammers to close the hearing and adopt Resolution
No. 2015-4 approving the Application submitted by Buffalo Surveying for Starostka
Group Unlimited, Inc. and Lucille Stone, Trustee of the Lucille E. Stone Revocable Trust
for the Final Plat and Subdivision Agreement for Castle Ridge Fifth Addition, an addition
to the City of Kearney, Buffalo County, Nebraska, for property described as Lot 1, now
6th P.M., Buffalo County, Nebraska (5120 17th Avenue and also north of 19th Avenue
and 50th Street). Roll call resulted as follows: Aye: Clouse, Nikkila, Lammers,
Buschkoetter, Lear. Nay: None. Motion carried.
KEARNEY, NEBRASKA, that the plat of Castle Ridge Fifth Addition, an addition to the
City of Kearney, Buffalo County, Nebraska for a tract of land being Lot 1, now vacated,
Smith Addition, a subdivision located in the Southeast Quarter of the Northeast Quarter
of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County,
Nebraska, together with; a tract of land being part of the Northeast Quarter of Section
27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, all
more particularly described as follows: Referring to the Southeast Corner of the
Northeast Quarter of Section 27, and assuming the East line of the Northeast Quarter
as bearing N 00°00'15” W and all bearings contained herein are relative thereto; thence
on the East line of the Northeast Quarter, N 00°00'15” W a distance of 732.62 feet;
thence leaving the East line of the Northeast Quarter, S 89°33'15” W a distance of 40.0
feet to the Southeast Corner of Lot 1, Smith Addition, a subdivision located in the
Southeast Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16
West of the 6th P.M., Buffalo County, Nebraska, said point also being the Northeast
Corner of Lot 1, Block One, Hoehner Estates Third Addition, an addition to the City of
Kearney, Buffalo County, Nebraska and the ACTUAL PLACE OF BEGINNING; thence
continuing S 89°33'15” W on the line common to Lot 1, Smith Addition and Block One,
Hoehner Estates Third Addition a distance of 554.57 feet to the Southwest Corner of
said Lot 1, Smith Addition, said point also being the Northeast Corner of Lot 1, Block
One, Castle Ridge an addition to the City of Kearney, Buffalo County, Nebraska; thence
S 89°29'20” W on the North line of said Block One, Castle Ridge, if extended, a
distance of 720.30 feet to the Northwest Corner of Lot 8, Block One, North Park, an
addition to the City of Kearney, Buffalo County, Nebraska; thence continuing S
89°29'20” W a distance of 66.0 feet to the Northeast Corner of Lot ), Block Two, North
Park; thence continuing S 89°29'20” W and on the North line of Block Two, North Park a
distance of 262.12 feet; thence leaving the North line of said Block Two, North Park, N
07°07'49” W a distance of 257.28 feet; thence N 00°29'41” W a distance of 109.44 feet;
thence N 89°30'51” E a distance of 358.98 feet; thence S 00°29'41” E a distance of
29.00 feet; thence N 89°30'51” E a distance of 1014.44 feet; thence N 00°00'15” W,
parallel with the East line of the Northeast Quarter of said Section 27, a distance of
126.02 feet to a point on the South line of Lot 1, Block Two, Northridge Retirement
January 13, 2015
Page 20
Subdivision, a subdivision being part of the East Half of the Northeast Quarter of
Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County,
Nebraska; thence on the South line of said Lot 1, Block Two, Northridge Retirement
Subdivision, if extended, N 89°33'53” E a distance of 302.01 feet to a point on the East
line of the Northeast Quarter of said Section 27; thence on the East line of the Northeast
Quarter of said Section 27, S 00°00'15” E a distance of 208.0 feet, said point being the
Northeast Corner of Smith Addition; thence on the North line of Smith Addition, S
89°28'22” W a distance of 40.0 feet to the Northeast Corner of Lot 1 of Smith Addition;
thence S 00°00'15” W on the East line of Lot 1, Smith Addition a distance of 253.91 feet
to the place of beginning, containing 13.70 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 Subdivision Agreement, marked as Exhibit
“A” attached hereto and made a part hereof by reference, be and is hereby approved
and that the President of the Council be and is hereby authorized and directed to
execute said agreement on behalf of the City of Kearney, Nebraska. Said Subdivision
Agreement shall be filed with the final plat with the Buffalo County Register of Deeds.
authorized and directed to execute the final plat on behalf of the City of Kearney,
Nebraska.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
ANNEXATION OF CASTLE RIDGE FIFTH ADDITION
E. Stone Revocable Trust for the annexation of Castle Ridge Fifth Addition, an addition
to the City of Kearney, Buffalo County, Nebraska, for property described as Lot 1, now
6th P.M., Buffalo County, Nebraska (5120 17th Avenue and also north of 19th Avenue
and 50th Street) and consider Resolution No. 2015-5.
Moved by Lammers seconded by Nikkila to close the hearing and adopt Resolution
No. 2015-5 approving the Application submitted by Buffalo Surveying for Starostka
January 13, 2015
Page 21
for the annexation of Castle Ridge Fifth Addition, an addition to the City of Kearney,
Buffalo County, Nebraska, for property described as Lot 1, now vacated, Smith Addition,
TOGETHER WITH a tract of land located in the Southeast Quarter of the Northeast
Nebraska (5120 17th Avenue and also north of 19th Avenue and 50th Street). Roll call
resulted as follows: Aye: Clouse, Lammers, Buschkoetter, Lear, Nikkila. Nay: None.
Motion carried.
WHEREAS, an Application has been submitted by Buffalo Surveying for Starostka
for the inclusion of Castle Ridge Fifth Addition, an addition within the corporate
boundaries of the City of Kearney said property described as a tract of land being Lot 1,
now vacated, Smith Addition, a subdivision located in the Southeast Quarter of the
Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M.,
Buffalo County, Nebraska, together with; a tract of land being part of the Northeast
Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo
County, Nebraska, all more particularly described as follows: Referring to the Southeast
Corner of the Northeast Quarter of Section 27, and assuming the East line of the
Northeast Quarter as bearing N 00°00'15” W and all bearings contained herein are
relative thereto; thence on the East line of the Northeast Quarter, N 00°00'15” W a
distance of 732.62 feet; thence leaving the East line of the Northeast Quarter, S
89°33'15” W a distance of 40.0 feet to the Southeast Corner of Lot 1, Smith Addition, a
subdivision located in the Southeast Quarter of the Northeast Quarter of Section 27,
Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, said point
also being the Northeast Corner of Lot 1, Block One, Hoehner Estates Third Addition,
an addition to the City of Kearney, Buffalo County, Nebraska and the ACTUAL PLACE
OF BEGINNING; thence continuing S 89°33'15” W on the line common to Lot 1, Smith
Addition and Block One, Hoehner Estates Third Addition a distance of 554.57 feet to the
Southwest Corner of said Lot 1, Smith Addition, said point also being the Northeast
Corner of Lot 1, Block One, Castle Ridge an addition to the City of Kearney, Buffalo
County, Nebraska; thence S 89°29'20” W on the North line of said Block One, Castle
Ridge, if extended, a distance of 720.30 feet to the Northwest Corner of Lot 8, Block
One, North Park, an addition to the City of Kearney, Buffalo County, Nebraska; thence
continuing S 89°29'20” W a distance of 66.0 feet to the Northeast Corner of Lot ), Block
Two, North Park; thence continuing S 89°29'20” W and on the North line of Block Two,
North Park a distance of 262.12 feet; thence leaving the North line of said Block Two,
North Park, N 07°07'49” W a distance of 257.28 feet; thence N 00°29'41” W a distance
of 109.44 feet; thence N 89°30'51” E a distance of 358.98 feet; thence S 00°29'41” E a
distance of 29.00 feet; thence N 89°30'51” E a distance of 1014.44 feet; thence N
00°00'15” W, parallel with the East line of the Northeast Quarter of said Section 27, a
distance of 126.02 feet to a point on the South line of Lot 1, Block Two, Northridge
Retirement Subdivision, a subdivision being part of the East Half of the Northeast
Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo
County, Nebraska; thence on the South line of said Lot 1, Block Two, Northridge
Retirement Subdivision, if extended, N 89°33'53” E a distance of 302.01 feet to a point
on the East line of the Northeast Quarter of said Section 27; thence on the East line of
January 13, 2015
Page 22
the Northeast Quarter of said Section 27, S 00°00'15” E a distance of 208.0 feet, said
point being the Northeast Corner of Smith Addition; thence on the North line of Smith
Addition, S 89°28'22” W a distance of 40.0 feet to the Northeast Corner of Lot 1 of
Smith Addition; thence S 00°00'15” W on the East line of Lot 1, Smith Addition a
distance of 253.91 feet to the place of beginning, containing 13.70 acres, more or less,
WHEREAS, the Kearney City Planning Commission has received and held a public
hearing on December 19, 2014 on the inclusion of Castle Ridge Fifth Addition within the
corporate limits and recommended the Kearney City Council approve said application;
and
WHEREAS, said application to include the land within the corporate limits was duly
signed by the owners of the land affected with the express intent of platting the land as
Castle Ridge Fifth Addition, an addition to the City of Kearney, Buffalo County,
Nebraska; and
WHEREAS, a public hearing was held by the Kearney City Council relating to said
application on January 13, 2015 who deemed the said addition to be included within the
corporate limits to be advantageous to and in the best interests of the City.
City of Kearney, Nebraska, that the land to be platted as Castle Ridge Fifth Addition
shall be included within the corporate limits of the City of Kearney, Buffalo County,
Nebraska, that the inhabitants of such addition shall be entitled to all the rights and
privileges, and shall be subject to all the laws, ordinances, rules and regulations of the
City of Kearney.
BE IT FURTHER RESOLVED that the inclusion of Castle Ridge Fifth Addition within
the corporate limits of the City of Kearney is subject to the final plat being filed with the
Buffalo County Register of Deeds.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
IV.
CONSENT AGENDA
Mayor Clouse stated that Item 3 are the Plans and Specs for the paving improvements
for 11th Street, 27th Avenue and 30th Avenue and will be removed from the Consent
Agenda for discussion.
City Engineer Bruce Grupe discussed the traffic study that was conducted by Olsson
Associates. Earlier this year the City employed Olsson Associates to prepare a traffic
impact study and analysis to help them with the plans. It was a rather extensive project
and these plans are necessary to accommodate the increase in traffic that they expect
the new Kearney High School to generate. Overall the Kearney High School project
involves paving 30th Avenue for approximately 1,500 feet south of 11th Street, adding a
lane to the south side of 11th Street to get some left turn lanes in and paving 27th
Avenue for approximately 900 feet south of 11th Street. At the end of 27th Avenue, the
main entrance is at the end of 27th and the new entrances that they are asking for into
their parking lot.
January 13, 2015
Page 23
Council Member Lammers asked does that 1,500 feet take you down to the edge of the
south pits. City Engineer stated the 1,500 feet will take you about 400 feet past the
drive way they are using for the sand pit so it does take them well into the sand pit
property.
The plans were completed in accordance to the study and all the recommendations, the
study recommended a traffic signal at the intersection of 30th Avenue and 11th Street.
As well as leaving the speed limit 45 mph on 11th Street and if they leave that 45 mph it
calls for a traffic signal on 27th Avenue. They are building the traffic signal and will do
some extra work so that in the future they can continue the drive up there fairly easily
and will be a 4-lane intersection for the traffic signal.
City Engineer discussed the signage that will be used to direct people for the
intersection. Usually they paint the arrows on the pavement but in this case they want
to put some signs up to give people from out of town heads up. Traffic exiting west will
get onto 30th Avenue, if you are in the right turn lane you will have to go right because it
drops, if you go straight north you will stay in the left lane and continue straight through.
They will be adding a left turn lane for future growth.
They want to leave the bypass lane for the traffic that is not utilizing the high school or
some of the people that are coming out of the 27th Avenue entrance. Up to the
overpass they only have one lane on the overpass, they have approximately 900 feet
for the traffic to merge over, they do not expect that to be a problem most of the
students, younger drivers are going to be exiting out onto 30th Avenue they will
continue north. Most of the parents who are dropping the children off will come out
through the 27th Avenue signal and take the shoo-fly and will have 900 feet to merge in
before they get to the overpass. Capacity wise the overpass will be no problem it can
handle 16,000 cars a day going both ways. Currently they have about 2,200 using the
overpass, the school is expecting to generate trips of about 2,800 vehicles, half of them
are expected to go on 11th Street and head east.
The study did discuss about adding another lane onto the overpass; it is designed to
add a future lane to make it a 4-lane grade separation. The study indicated that it is not
necessary at this time but they believed that the City should keep it on the radar as the
town grows and more business comes around the high school there will come a point in
time where the City needs to do that. They did recognize that the City has it on the Six
Year Plan; it is a big expenditure.
Council Member Buschkoetter asked aside from the expense would there be another
reason to wait on that. He is remotely concerned on the merging of 900 feet which
sounds good but they are dealing with some new drivers. Would there be a reason not
to do it now. City Engineer stated no just trying to prioritize their jobs and it would be
tough to currently get it done with everything going on right now from a contractor’s
standpoint; the high school work going on it would be difficult.
City Manager asked if you widened it, you really are not widening it for the kids going to
the school you would be widening it for parents. The busier leg will be going north
bound without a merge required that is the big difference. The other leg going west
bound they will have to merge.
January 13, 2015
Page 24
Mayor Clouse asked currently what is the City’s traffic study. City Engineer stated
2,200 vehicles. Mayor Clouse asked how many vehicles with the 2-lane overpass. City
Engineer stated the 2-lane can handle approximately 16,000 vehicles per day. There
are no stopping conditions; it is a free flowing 2-lane of traffic.
Council Member Lear commented that does not assume when it says it has that kind of
carrying capacity you are not saying 16,000 vehicles in an hour, but in a day. He has
seen this in other traffic studies where he believed the study did a good job of generally
projecting what traffic movements were going to be, like the weakness in terms of how
he understood those studies was what it was going to do during those compact times of
day. Like shortening left hand turn signal times, it sounds great in terms of general
traffic and it is great for 22 hours of the day but then you have those other special
events when you have more traffic. That is the thing that worries him, yes the bridge is
designed to handle 16,000 but is it designed to handle 2,500 in a 45 minute window.
City Engineer stated the study looked at a 1-hour, 4-hour and 8-hour peak traffic and
then the average daily traffic. It did look at a 1-hour consideration but they do not
generally do the studies at peak events. Council Member Lear asked he assumes the
1-hour peaks were 8:00 a.m. and 3:30 p.m. City Engineer stated yes, they discussed
with the school, the school was pretty involved in the study as far as the data collected.
Council Member Nikkila asked is each car counted once or once they arrive and once
when they leave. City Engineer stated they are talking average daily traffic that means
going to school and coming back would be counted as two. Council Member Nikkila
stated 2,800 basically means 1,400 vehicles. City Engineer stated yes, 1,400 going and
1,400 coming back.
They asked them in the study to take a look at that fairly hard as far as the overpass
because everyone had concerns about it. Mayor Clouse asked so if it is problematic
what the response time to take care of it is. City Manager stated possibly one year and
approximately $2 million. When you look at the current high school situation and the
merging into a left turn lane, it is far worse than this would ever be. Also the school will
have different rules he believes about off campus lunch, the pedestrian traffic at the
current situation is not good either so certainly they need to look at it and he has no
problem with them going to have the design ready if necessary. Currently, the City
does not have $2 million; this project is already over $1 million in City funds.
City Manager stated the car that will be heading north bound on 30th Avenue going over
the overpass will not change lanes. City Engineer stated that is correct, the students
coming out will stay in the left lane straight over the overpass. The city traffic passing
by or the parents will be in the right lane heading north, shoo-flying by and will have to
merge into left lane before they get to the overpass.
Council Member Lear stated everything here will probably be better than what they have
today. At the end of the day it is a better traffic situation than at their current location so
that is a positive. The big concern is the 900 feet of merge going north bound to the
extent that those mergers are occurring during a peak traffic time – that is probably
going to be the most problematic.
January 13, 2015
Page 25
City Manager stated another thing that they did is the traffic signal on 27th Avenue. It is
a close call whether it is necessary at this time but in order to gain some delays and
gaps and to allow for that north bound traffic. That is one of the reason they looked at
that very strongly to go ahead and do it plus this all can change if Central Community
College goes forward. That will be another issue on the 27th Avenue corridor so he
directed staff to go ahead and proceed. Phase 1 would have been everything but the
27th Avenue signal and the City did not really budget for the 27th Avenue signal but
they are going to have to figure out how to do that which would be Phase 2 and Phase 3
will be the overpass.
City Engineer stated one other fix they could look at but would hate to do it, they could
go to a 4-lane intersection, take the median and shoo-fly lane out and then you are not
merging traffic. Then you are not merging traffic the signal is controlling it but you lose
a lot of capacity, it just does not make sense at this point.
Council Member Lear stated most time it will not be an issue, 23 hours a day it is not
going to be an issue and there will be some relief because while the light is red will
create a gap. City Engineer stated combine that with the fact that rush hour going
through here for bypassing traffic will be done at 5:00 p.m.
Council Member Lammers asked on 27th Avenue at some point will Kea West go all the
way over to Talmadge so there is another out for the high school going to the south.
City Engineer stated this development does not go that far and pose that question but
yes they are counting on that at some point in time they would like to see that happen.
City Manager stated the problem is when they get them there they have nowhere to
take them. They will move them from a signalized section unless they signalize Kea
West into a gravel road going south to Talmadge Street that is gravel hopefully
someday. They did talk with the developer, the hospital development about that
potential but part of the concern and that is why in the perfect world you are able to
achieve that and make the signal demand even less than it is but at the same time they
found given the circumstances it made sense to proceed with the signal on 27th
Avenue. For a lot of hours of the day people are going to complain about stopping at
27th Avenue but it will be an on demand system.
Mayor Clouse asked structurally the overpass, are there issues with it. City Manager
stated no, it can carry the load of traffic, the challenge is you have to have accessibility.
Mayor Clouse asked does it need any repair or any concrete to be done. City Engineer
stated there is some general maintenance not a big deal. It is a fairly new structure. It
was designed to handle more lanes of traffic, they just need to set the girders and pave
a little further.
City Manager stated we wish that years ago, glad that they did that but the cost is going
to be a lot more today than if they would have done it back then. The railroad paid a
good portion of that when it was done years ago. He thinks what the City needs to do is
get the plans and specifications ready for the future widening and have it ready to go. It
will be a learning experience for everyone. Law enforcement is going to have some
additional work, students and parents are going to learn and adapt.
January 13, 2015
Page 26
City Engineer stated they would propose to get a left turn lane on 11th Street to get into
the high school on 27th Avenue. They are looking ahead into the future thinking they will
need left turn lanes at some point going to the property to the north so they are
constructing that, they are building it right.
Council Member Nikkila asked how many cars can stack in the left turn lane. City
Engineer stated he believes it is approximately 250 feet long so you are looking at
around 15 cars.
Council Member Buschkoetter asked there will be a light at 27th Avenue, another light
on 2nd Avenue that is a pretty wide stretch for somebody that lives for example on 13th
Avenue and turns left heading to the east. There will be no lights except for the
Kenwood School crossing light. When there is a lot of traffic on 11th Street there will
not be any gaps to turn left down there correct. City Engineer stated 27th Avenue will
help platoon the traffic and bring it down a little bit better but you have such a gap that
traffic will fill in. The 2,200 vehicles per day, half of them are going east in the morning
so it will platoon them. They have never looked at putting in a signal to gain gaps. He
does not know if they can make that work.
City Manager stated it is a good question and something they will have to watch.
Council Member Buschkoetter stated one thing about the current location of the school
there is a reason to have a stoppage ever 4-5 blocks.
Moved by Nikkila seconded by Lear that Subsections 1 through 9 of Consent Agenda
Item IV be approved. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear,
Nikkila, Lammers. Nay: None. Motion carried.
1.
Approve Minutes of Regular Meeting held December 23, 2014.
2.
Approve the following Claims:
PS
SMCS
ER
CO
DS
Personnel Services
Supplies, Materials & Contractual Services
Equipment Rental
Capital Outlay
Debt Service
Ace Irrigation $103.00 smcs; Alamar Uniforms $637.57 smcs; Alfred Benesch $2,733.69
smcs,co; All Makes Auto Supply $778.73 smcs; Amazon $530.22 smcs; Amer First Aid
$247.82 smcs; Andersen,B $128.10 smcs; Anderson Bros $467.58 smcs; Anderson,B
$40.00 smcs; Antelope Newspaper $80.00 smcs; Arch $75,000.00 smcs; Ask Supply
$356.07 smcs; Baird Holm $1,500.00 smcs; Baker & Taylor $4,634.19 smcs;
Beckenhauer,T $11.00 smcs; Beehive Industries $11,546.00 smcs; Blackstone Audio
Books $575.73 smcs; Blessing $92,861.32 co; BlueCross BlueShield $189,942.40
smcs; Bosselman $3,101.04 smcs; Broadfoot's $65.00 smcs; Bryn,T $65.00 smcs;
Buffalo Co Election $1,692.51 smcs; Buffalo Co Register Deeds $98.00 smcs; Buffalo
Co Sheriff $154,833.75 smcs; Buffalo Co Treasurer $18,750.00 smcs; Builders $177.06
smcs; Burke,M $2,500.00 smcs; CANDO $3,000.00 smcs; Capital Business Systems
$169.93 smcs; Capstone Press $43.48 smcs; Cash-Wa $136.40 smcs; Central Fire &
January 13, 2015
Page 27
Safety $782.00 smcs; Central NE Bobcat $14,404.02 co; Charter $203.24 smcs; Chief
Supply $330.11 smcs; City of Ky $373,380.83 smcs,ps; Cleveland,E $685.00 smcs;
Clinch Enterprises $4,124.86 smcs; Clipper Herald $505.00 smcs; Complete Music
$355.00 smcs; Copycat $270.24 smcs; Cullen,M $37.44 smcs; D&M Security $64.50
smcs; Danko Emergency $895.01 smcs; Dawson PPD $2,383.84 smcs; Dell $4,843.57
smcs; Demco $73.95 smcs; Depository Trust $46,282.50 ds; Dish $95.00 smcs; Eakes
$1,768.86 smcs; Eggen,M $260.00 smcs; Eirich,T $50.00 smcs; Elliott Equipment
$6,281.53 smcs; Endress+Hauser $4,628.76 smcs; Ensz,B $60.00 smcs; Evers,B
$765.00 smcs; Expression Wear $1,273.50 ps; Farmers Union $808.00 smcs; Feld Fire
$368.00 co; Fireguard $30,822.83 co; Flaherty,T $524.00 smcs; Fountain Hills
Properties $16,930.51 co; French,V $20.00 smcs; Friesen Chevrolet $4,200.38 smcs;
Frontier $82.43 smcs; Gale $22.49 smcs; Gaylord Bros $160.11 smcs; GCSAA $375.00
smcs; GPM $1,825.05 smcs; Gray,C $240.00 smcs; Harshbarger,K $7.28 smcs; HD
Supply $5,488.76 smcs; Heartland Strategy Group $5,000.00 smcs; Heiman Fire
Equipment $2,264.09 co; Highland Park $1,812.85 smcs; Hinrichs,S $140.60 smcs;
HOA Solutions $1,219.20 smcs; Hometown Leasing $423.12 smcs; ICMA RC
$8,425.13 ps; IRS $274,294.60 ps; Jack Lederman $610.33 smcs; Johnson Service
$375.00 smcs; Ky Area United Way $584.00 ps; Ky Chamber Comm $112.88 smcs; Ky
High School $3,000.00 smcs; Ky Hub $7,332.68 smcs; Ky Humane Society $7,166.25
smcs; Ky Visitors Bureau $31,849.52 smcs; Kendrick,C $18.53 smcs; KHGI-TV
$4,110.00 smcs; Knipping,D $128.10 smcs; Konica Minolta $286.63 smcs; Leach,C
$128.10 smcs; Magic Cleaning $4,690.00 smcs; Mail Express $6,885.29 smcs; Marlatt
Machine Shop $123.48 smcs; Masonic Temple Assoc $150.00 smcs; Matheson-Linweld
$35.03 smcs; Medicap Pharmacy $8,925.00 ps; Meier,B $450.00 smcs; Menards
$385.83 smcs; Metal Doors & Hardware $401.40 smcs; Metlife $8,487.39 ps; Midlands
Contracting $684,628.83 co; Midwest Pump $51.32 smcs; Midwest Radar $1,000.00
smcs; Milco Environmental $4,204.50 smcs; Miller & Associates $451,049.20 smcs,co;
Mindmixer.com $250.00 smcs; Minitex $1,388.00 smcs; Moonlight Embroidery $176.00
smcs; Moore,K $60.00 smcs; Municipal Supply $23,613.58 smcs; Navigator
Motorcoaches $2,560.00 smcs; NE Assoc Airport Officials $250.00 smcs; NE Aviation
Council $190.00 smcs; NE Child Support $5,465.16 ps; NE Dept of Revenue
$77,913.70 smcs,ps; NE Public Health $1,028.00 smcs; NE Safety & Fire $299.00
smcs; Nelsen,C $94.00 smcs; Noetzelman,J $128.10 smcs; Norm's Plumbing $390.00
smcs; Northwestern Energy $13,930.61 smcs; Oak Creek Engineering $3,167.80 smcs;
Office Depot $140.34 smcs; One Call Concepts $235.45 smcs; O'Reilly Automotive
$492.31 smcs; Overhead Door $100.00 smcs; Paramount $378.87 smcs; Payflex
Systems $565.25 ps; Platte Valley Comm. $4,436.45 smcs; Platte Valley Labs $62.50
smcs; Presto-X $1,106.77 smcs; Public Grants & Training $617.46 smcs; Pulliam,R
$40.00 smcs; Quatred $1,165.93 smcs; Quill $65.94 smcs; Random House $108.75
smcs; Ready Mixed Concrete $320.20 smcs; Recognition Unlimited $230.80 ps;
Recorded Books $333.94 smcs; Reicks,C $45.00 smcs; Reinke's Refrigeration $101.62
smcs; Resource Management $268.80 smcs; Rheome Tree $770.00 smcs; Rivershore
$312.00 smcs; RR Donelley $483.68 smcs; Safe Cutter $90.00 smcs; Sage,P $77.57
smcs; Salter,J $37.28 smcs; Sapp Bros $33,991.40 smcs; Scholwin,R $21.66 smcs;
School District #7 $821.35 smcs; Sensus Metering $1,784.47 smcs; SOS Portable
Toilets $117.00 smcs; State of NE/AS Central $3,653.35 smcs; Stegeman Solutions
$5,964.00 smcs; Stepanek,J $46.24 smcs; Sun Life Financial $61,475.20 smcs;
Tacha,J $50.00 smcs; Theis,G $40.10 smcs; Titan Machinery $9,338.59 smcs; Tye Law
Firm $12,156.49 smcs,ps; Underground Construction $1,300.00 co; Union Bank & Trust
January 13, 2015
Page 28
$134,358.73 ps; Verizon $1,279.63 smcs; Village Cleaners $383.66 smcs; Watchguard
Video $403.00 co; Water Environmental $124.00 smcs; Wegner,C $0.18 smcs; Weis
Equipment $1,040.00 smcs; Weller,B $53.28 smcs; Wellness Council $97.20 ps; West
Villa Animal $101.25 smcs; Yanda's Music $1,265.77 smcs; Zimmerman Printers
$90.75 smcs; Payroll Ending 12-27-2014 -- $380,098.95 and Payroll Ending 1-10-2015 - $372,314.69. 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.
Approve the Plans and Specifications for the 2014 Part 11 Improvements
consisting of Paving Improvement District No. 2014-969 for 11th Street from a point
109.74 feet west of 30th Avenue, thence east for a distance of 2,440.08 feet; Paving
Improvement District No. 2014-970 for 27th Avenue from 11th Street south a distance of
850± feet as platted in Lot 1, Bearcat Corner; and Paving Improvement District No.
2014-971 for 30th Avenue from 11th Street south a distance of 1,500 ± feet as platted in
Lot 1, Bearcat Corner and set the bid opening date for February 4, 2015 at 2:00 p.m.
4.
Adopt Resolution No. 2015-6 accepting the public improvements constructed
under a Developer Constructed Infrastructure Agreement for East 56th Street Estates.
WHEREAS, on the 10th day of April, 2012 the President and Council of the City of
Kearney, Nebraska passed and approved Resolution No. 2012-58 authorizing the
President of the Council to execute the Developer Constructed Infrastructure
Agreement between the City of Kearney and Dan Roeder to construct the paving, water,
sanitary sewer and storm sewer for East 56th Street Estates to the City of Kearney,
WHEREAS, the Developer has constructed the public improvements in accordance
with the requirements and standards set forth in Article 13 “Developer Constructed
Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney; and
WHEREAS, in accordance with Section 9-1318 “Acceptance of Article 13 “Developer
Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of
Kearney the Developer has certified to the City that there are no liens or other
encumbrances against the construction work; and
WHEREAS, the City’s Engineers have determined that the work is in compliance
with the design and is complete.
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF
THE CITY OF KEARNEY, NEBRASKA, that the public improvements constructed
under, and in accordance with, Article 13 “Developer Constructed Infrastructure” of
Chapter 9 “Public Works” of the Code of the City of Kearney for the construction of
paving, storm sewer, water and sanitary sewer to serve the property described for East
56th Street Estates to the City of Kearney, Buffalo County, Nebraska and that the said
public improvements be and are hereby accepted.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
January 13, 2015
Page 29
5.
under a Developer Constructed Infrastructure Agreement for Lots 7 through 12 of Block
One, Eastbrooke Eleventh, Lots 1 through 6, Eastbrooke Twelfth, Lots 2 and 3 of Block
Five and Lots 1 through 4 of Block Six, Eastbrooke Eighth, an addition to the City of
Kearney.
WHEREAS, on the 26th day of June, 2012 the President and Council of the City of
Agreement between the City of Kearney and Richard Poston, Trustee of the Richard L.
Poston Revocable Trust and Stephen Beall to construct the paving, water, sanitary
sewer and storm sewer for Lots 2 and 3 of Block Five and Lots 1 through 4 of Block Six,
Eastbrooke Eighth Addition; Lots 7 through 12 of Block One, Eastbrooke Eleventh
Addition; and Lots 1 through 4 of Block Six, Eastbrooke Twelfth Addition, all in the City
of Kearney, Buffalo County, Nebraska; and
paving, storm sewer, water and sanitary sewer to serve the property described for Lots
2 and 3 of Block Five and Lots 1 through 4 of Block Six, Eastbrooke Eighth Addition;
Lots 7 through 12 of Block One, Eastbrooke Eleventh Addition; and Lots 1 through 4 of
Block Six, Eastbrooke Twelfth Addition, all in the City of Kearney, Buffalo County,
Nebraska and that the said public improvements be and are hereby accepted.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
6.
under a Developer Constructed Infrastructure Agreement for Lots 1 through 24,
Fountain Hills Third Addition.
WHEREAS, on the 28th day of May, 2013 the President and Council of the City of
January 13, 2015
Page 30
Agreement between the City of Kearney and Fountain Hills Properties LLC, a Nebraska
Limited Liability Company by and through Steven D. Craig, Member, Carol J. Craig, a
Nebraska Limited Liability Company to construct the paving, water, sanitary sewer and
storm sewer for Fountain Hills Third Addition to the City of Kearney, Buffalo County,
Nebraska; and
paving, storm sewer, water and sanitary sewer to serve the property described for
Fountain Hills Third Addition to the City of Kearney, Buffalo County, Nebraska and that
the said public improvements be and are hereby accepted.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
7.
Approve the application for a Special Designated License submitted by Night Life
Concepts, Inc., dba Cunningham's Journal in connection with their Class CK-059311
catering liquor license to dispense beer, wine, and distilled spirits in the Ag Pavilion
located at the Buffalo County Fairgrounds, 3807 Avenue N on January 31, 2015 from
4:00 p.m. until 12:00 a.m. for a Christmas party.
8.
Approve the application for a Special Designated License submitted by Night Life
Concepts, Inc., dba Cunningham's Journal in connection with their Class CK-059311
catering liquor license to dispense beer, wine, and distilled spirits in the Exposition
Building and the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N
on February 14, 15, 16, 17, 18, 19, 20, 21, 22, 2015 from 11:00 a.m. until 12:00 a.m. for
the Cattlemen's Classic.
9.
Adopt Resolution No. 2015-9 approving the Developer Constructed
Infrastructure Agreement between the City of Kearney and the University of Nebraska at
Kearney for the construction of paving, water, sanitary sewer and storm sewer
improvements for the University Village Phase 1 project.
January 13, 2015
Page 31
KEARNEY, NEBRASKA that the agreement entitled “Development Agreement for
University of Nebraska at Kearney, University Village Phase 1” between the City of
Kearney and the University of Nebraska Board of Regents, for the construction of
paving, water, sanitary sewer and storm sewer improvements to serve Lots 9 through
24 except the north ten feet thereof, Lincoln Way Villa Plots, an addition to the City of
Kearney, Buffalo County, Nebraska, and unplatted land owned by the University located
south of the previously mentioned lots and North Railroad Street, all in the City of
Kearney, Buffalo County, Nebraska be and is hereby accepted and approved. The
Agreement, marked as Exhibit 1 is attached hereto and made a part hereof.
authorized and directed to execute the same agreement on behalf of the City of
Kearney.
ATTEST:
CITY CLERK
V.
STANLEY A. CLOUSE
CONSENT AGENDA ORDINANCES
None.
VI.
REGULAR AGENDA
2014 AUDIT
Mayor Clouse opened for discussion the presentation from McDermott & Miller the City
of Kearney Annual Financial Report.
Mindy Oman from McDermott & Miller presented this matter to the Council. They
audited the financial statement as of September 30, 2014 prepared by City staff and the
Finance Director. They had no problems with the information as it was presented to
McDermott & Miller. Assets exceeded liabilities which is called net position by
$207,490,160 at the end of the year. This was an increase of $12,321,965 over last
year which is 6.3 percent. Over the last six years net position has increased from $152
million to $207 million that is an increase of $55 million in the 6-year period. The total
debt of the City increased by only $44,000 which was .1 percent during this year. The
City’s general fund which is the City’s main operating fund had an increase of
$1,277,000 which is the City’s revenues are more than what the City spent. The
proprietary funds which is mainly the utilities funds the net position increased by
$2,658,000 over the last year.
The two biggest capital asset projects were the Kearney East Bypass and the multi
service aircraft hangar at the Airport. Overall, the City of Kearney is in really good
shape financially and should be proud. The Finance Director does a great job along with
his staff and the City has very good people looking after the money of the City.
January 13, 2015
Page 32
Moved by Lear seconded by Buschkoetter to accept the City of Kearney Annual
Financial Report prepared by the accounting firm of McDermott & Miller. Roll call
resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter, Lear. Nay: None.
Motion carried.
ORDINANCE NO. 7962 AMENDING SECTION 3-1313.2 OF CITY CODE
Police Chief Dan Lynch presented this matter to the Council. He would offer the
opportunity to amend existing code to include making it unlawful to possess an open
container of an alcoholic beverage on public property. The City has some gatherings
throughout the year that challenges them to maintain and make safe, not the least of
which is Cruise Nite; however, that is not the only event the City has. Because of this,
City Council enacted a consumption ordinance which has helped in some ways but it is
still limiting because it requires the officers to actually observe someone consuming
something that is found to be an alcoholic beverage. The only other open container
statute available only implies within a vehicle and this amendment would give them
tools to deal with things before they get out of hand.
Their goal would be to contain and have no intention for using this for any other reason
to try and address those problem issues that are given to law enforcement at these
gatherings. This really only applies to open, unsealed containers so that a person who
might have purchased some alcohol and was trying to get from the street to their home,
this does not affect them. This was developed and proposed in some ways by members
of the Buffalo County Health Partners and the Be Safe, Be Smart group. As they did try
to address those issues associated with Cruise Nite. That group is made up of Health
Partners and other representatives from property owners, property managers, residents
as well as UNK has played a big role and it is something the group has felt strongly
about and that is one of the reason they brought to City Council.
Council Member Lammers asked the way it is worded is it only public sidewalks. Chief
Lynch stated it is the area that is public right-of-way that would include the street, the
sidewalks, alleys, etc. There is property in most areas that belongs to the public
between the sidewalks and the curbs and so that area too would be included.
Council Member Buschkoetter asked so there is a line of demarcation. If friends would
be around a fire pit in his driveway, in the driveway would be okay but there would be a
line if they moved further towards the street where the sidewalk is it. Chief Lynch stated
generally speaking the best guide would be a sidewalk where they exist. There is an
area in between that is provided to the City as public right-of-way on almost all streets.
It is legal in your yard, driveway, backyard, whatever property is yours to control.
Council Member Nikkila asked about places like Tru Café, there is an exception in the
code for people who have a liquor license that allows them to do that correct. Police
Chief stated where it has been permitted or a special designated license in the public
right-of-way has been approved by the City Council and a permit issued then it is
appropriate and not unlawful. This is only in the areas where that has not occurred.
January 13, 2015
Page 33
Council Member Buschkoetter introduced Ordinance No. 7962 amending Section 31313.2 “Alcoholic Beverages; Places Where Drinking Prohibited” to include language
prohibiting any person to possess an open container of alcoholic liquors on public
sidewalks, and moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage on
the same day upon reading by number only, and then placed on final passage and that
the City Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member Clouse seconded the motion to
suspend the rules. President of the Council asked for discussion or if anyone in the
audience was interested in the ordinance. No one responded. Clerk called the roll which
resulted as follows: Aye: Clouse, Lammers, Buschkoetter, Lear, Nikkila. Nay: None.
Motion to suspend the rules having been concurred in by three-fourths of the City
Council, said motion was declared passed and adopted. City Clerk read Ordinance No.
7962 by number. Roll call of those in favor of the passage of said ordinance on the first
reading resulted as follows: Aye: Clouse, Lammers, Buschkoetter, Lear, Nikkila. Nay:
None. Motion carried. Ordinance was read by number.
Moved by Clouse seconded by Lammers that Ordinance No. 7962 be passed, approved
and published as required by law. Roll call resulted as follows: Aye: Clouse,
Buschkoetter, Lear, Nikkila, Lammers. Nay: None. Motion carried.
OPEN ACCOUNT CLAIM
Moved by Lear seconded by Buschkoetter that the Open Account Claim in the amount
of $7,075.48 payable to Nebraska Public Power District be allowed. Roll call resulted as
follows: Aye: Lear, Nikkila, Lammers, Buschkoetter. Nay: None. Clouse abstained.
Motion carried.
VII.
REPORTS
City Manager Michael Morgan stated they are working through various discussions
regarding the Vets Home and design. They are pleased with Federal Funding
announcement that they are proceeding and working with a local architecture firm to
move toward the final design. They were past 35 percent design. That project gets
asked a lot of questions but a likely going out to bid will not be until the end of 2015 so
there is a lot of process that you have to go through but it is on schedule with respect to
that.
Council member Buschkoetter stated had a nice opportunity to be able to say some nice
things about Don Kearney after his passing and still keeping him in his thoughts. A lot
of times especially when City Council would have a financial report or something like
that he would look at Don and say what questions do you have because he asked better
questions then he would ever be able to come up with. That was part of tremendous
amount of guidance that he was able to provide them.
January 13, 2015
Page 34
Another thing he remembers most about Don is he was involved in one of the great love
stories he has ever known and that was how he took care of his wife.
VIII.
ADJOURN
Moved by Buschkoetter seconded by Lammers that Council adjourn at 6:42 p.m. Roll
call resulted as follows: Aye: Clouse, Nikkila, Lammers, Buschkoetter, Lear. Nay: None.
Motion carried.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
PS
SMCS
ER
CO
DS
PERSONNEL SERVICES
SUPPLIES, MATERIALS, AND CONTRACTUAL SERVICES
EQUIPMENT RENTAL
CAPITAL OUTLAY
DEBT SERVICE
Vendor
1000bulbscom
3595-American
3M
4Imprint
Accent Sales & Service
Ace Hardware
Advance Auto Parts
Alfred Benesch
All Makes Auto
Amazon
American
American Cemetery
American Electric
American First Aid
American Legion
American Red Cross
Amsan
Andresen, Kimberly
ANOVA
Aprons & Smocks
Arvato Windows
ASCAP
Ask Supply
Athletic Stuff
Aurora Coop
Autry, Nicholas
Avery, Chris
B&H Photo
Baird Holm
Baker & Taylor
Bamford
Barney Abstract
Big Rack Shack
Blessing
BlueCross BlueShield
Boopsie
Bosselman
Brightguy
Broadfoot's
Bruha, Scott
Buechler, Lindsay
Buffalo Outdoor Power
Buffalo Surveying Corp
Builders
Buzz's Marine
Capacitor King
Carolina Environmental
Amount
$42.73
$1,952.18
$7,516.53
$218.68
$342.24
$71.58
$88.77
$630.00
$490.01
$4,443.89
$722.30
$28.67
$3,363.00
$109.36
$287.33
$115.00
$725.00
$64.29
$1,444.78
$130.89
$199.98
$335.00
$367.82
$379.99
$3,628.82
$21.04
$86.98
$81.44
$600.00
$4,633.82
$1,175.00
$240.00
$6,007.00
$920.00
$133,138.76
$4,495.00
$24,850.44
$331.90
$2,061.50
$224.00
$26.21
$1,958.96
$1,942.70
$1,391.24
$39.90
$111.65
$544.68
Purpose
smcs
smcs,co
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs,co
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
co
smcs
co
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs,co
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs,co
smcs
smcs
smcs
Vendor
Carquest
Casey's
Cash-Wa
Cenex
Center Point Publishing
Central District Health Dept.
Central Hydraulic System
Central NE Bobcat
Central States Industrial
Charter
ChemSearch
Chet's Moving Service
Chicken Coop
CHS Agri Service
City of Kearney
Cleverbridge
Community Action Partner
Compasscom
Conseco Life
Construction Rental
Control Yours
Copycat Printing
Cornhusker Cleaning
CPS
Credit Management Serv.
Crossroads Ford
Culligan
Cummins
D&S Lighting
Danko Emergency
Davidson, Steele
Davis & Stanton
Dell
Demco
Diamond Tours
Dillon, Alexandria
Dish Network
Dmilaco
Dollar-General
DPC Industries
Dutton-Lainson
Eakes
Earl May
Elliott Equipment
EMC Insurance
Engineered Controls
Ensley Electrical
Claims
January 27, 2015
Page 1
Amount
$4,018.70
$135.92
$561.60
$179.60
$71.41
$2,960.50
$933.74
$1,881.30
$744.08
$456.91
$307.27
$140.00
$50.00
$3,834.13
$13,546.86
$29.95
$7,294.91
$50.00
$19.00
$245.86
$130.00
$148.72
$459.59
$69.30
$244.90
$103.66
$244.60
$120.16
$95.58
$14,125.53
$44.71
$130.00
$3,700.53
$785.20
$3,675.00
$15.00
$79.00
$396.24
$56.98
$6,821.23
$118.70
$2,051.35
$30.97
$1,436.02
$25,458.45
$4,200.00
$15,683.25
Purpose
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs,ps
smcs
smcs
smcs
ps
smcs
smcs
smcs
smcs
smcs
ps
smcs
smcs
smcs
smcs
smcs,co
smcs
smcs
co
smcs
smcs
smcs
smcs
smcs,ps
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
PS
SMCS
ER
CO
DS
PERSONNEL SERVICES
EQUIPMENT RENTAL
CAPITAL OUTLAY
DEBT SERVICE
Fairbanks
Falewitch Construction
Farrar, Shelly
Fastenal
Fedex
Fehringer, Steve
Fiddelke
Findley, Nathan
Fitbit
Friesen Chevrolet
Frontier
Fuel Tech
Fun Express
Gale
Galeton Gloves
Galls
Gangwish, Alexander
Garrett Appliances
Garrett Tires
Graham Tire
Grainger
Great Plains
H & H Distributing
Hach Company
HD Supply
HOA Solutions
Hobby-Lobby
Holmes Plumbing
Hometown Leasing
Hy Vee
ICMA Retirement Trust
Internal Revenue Service
Int'l Code Council
Int'l Society Arboriculture
Jack Lederman
Jackson Perkins
James, Dave
Jarvis, Mikayla
Jelinek, Tony
JibJabcom
Jimmy Johns
Johnstone Supply
K & K Parts
Kassis, George
Kearney Chamber Comm.
Kearney Clinic
Kearney Concrete
Kearney Crete & Block
$420.70
$1,737.20
$30.00
$1,214.71
$59.68
$790.55
$132.42
$17.26
$10,260.00
$406.84
$9,238.01
$240.22
$17.95
$685.45
$661.67
$221.95
$47,250.00
$302.09
$11,500.13
$507.28
$1,044.53
$50.00
$443.00
$923.22
$23,322.92
$20,000.00
$124.32
$1,231.09
$265.92
$121.39
$4,246.08
$134,732.46
$87.50
$160.00
$1,049.61
$39.73
$224.00
$21.26
$307.50
$18.00
$431.01
$580.14
$1,276.43
$942.26
$150.00
$1,149.00
$1,742.50
$2,793.69
smcs
smcs
smcs
smcs,co
smcs
co
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
ps
co
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
co
smcs
smcs
smcs
smcs
ps
ps
smcs
smcs
smcs,co
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
ps
co
co
Kearney Hub
Kearney Noon Rotary
Kearney Public School
Kearney Winlectric
Kearney Winnelson
Keeling, Kevin
Kelly Supply
KGFW/KQKY/KRNY
Kimball Midwest
Konica Minolta
Kpadenou, Jacki
Lancaster Archery Supply
Landmark Implement
Larue
Lawn Builders
Lawson Products
League of NE Municipalities
LED Lighting
Leonards Mac Tools
Linda's Upholstery
Lips Printing
Look What's Cookin'
L-Tron
Machines & Media
Mail Express
Marlatt Machine Shop
Matheson
McCarty, Sara
McCaslin, Stacie
McDermott & Miller
Mead Lumber
Medicbatteriescom
Menards
Mercer, Linda
Metropolitan Entertainment
Mid American Signal
Midway Chrysler
Midwest Pump
Midwest Turf
Miller Signs
Moonlight Embroidery
Morrell Manufacturing
Mosaic
Municipal Supply
National Fire Protection
Navigator Motorcoaches
NCS Equipment
NE Arborists
Claims
January 27, 2015
Page 2
$631.40
$110.00
$287.00
$76.52
$275.85
$120.00
$2,185.14
$2,033.00
$87.43
$3,766.19
$42.73
$211.99
$1,080.63
$129.84
$587.66
$315.91
$125.00
$846.40
$98.93
$296.60
$42.50
$23.85
$941.10
$139.00
$158.25
$101.52
$420.04
$16.74
$45.00
$24,035.00
$311.76
$69.99
$3,041.53
$30.00
$1,192.50
$5,314.00
$15.37
$820.50
$1,749.76
$225.00
$629.00
$148.00
$120.00
$1,861.77
$1,255.50
$175.00
$25.49
$65.00
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
co
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs,co
smcs
smcs
smcs
smcs
smcs
smcs
co
smcs
smcs
smcs
smcs
smcs
smcs
smcs
smcs
PS
SMCS
ER
CO
DS
PERSONNEL SERVICES
EQUIPMENT RENTAL
CAPITAL OUTLAY
DEBT SERVICE
NE Child Support Pyt. Ctr.
NE Dept. Environment
NE Dept. of Labor
NE Dept. Revenue
NE Library Commission
NE Machinery
NE Statewide Arboretum
NE Truck Center
NE Turfgrass
Netmotion Wireless
Network Fleet
Next Technologies
Norfolk Auto Supply
Norm's Plumbing
Northern Safety
Northern Tool
Northwestern
NRG Media
Oberg, Sara
OCLC
Office Max
Officenet
O'Hara Lindsay & Assoc.
On Site Studio
Online Houseplans
O'Reilly Auto
Oriental Trading
Orsheln
Oshkosh
Ourdesignscom
Paramount
Parkink
Party America
Paypal- Waterhogmat
Paypal-3 Star
Paypal-62Fordman
Paypal-Apexstore
Paypal-Ebay
Paypal-Ecomele
Paypal-Gothamcity
Paypal-IAPE
Paypal-KMFl723
Paypal-McHenrypower
Paypal-NEFSMA
Paypal-NRI
Paypal-Russopowere
Paypal-Sister Cities
Pep Co
$2,732.58
$15,607.88
$26,955.00
$32,973.60
$981.00
$594.88
$130.00
$1,130.44
$627.00
$3,613.75
$94.75
$2,401.00
$225.92
$640.55
$214.43
$158.18
$8,011.63
$65.00
$36.43
$607.10
$1,057.46
$255.70
$2,200.00
$272.52
$2,260.00
$6.41
$54.39
$1,401.88
$307.88
$24.45
$127.05
$746.30
$6.87
$127.98
$92.31
$5.93
$104.56
$83.05
$203.96
$22.88
$50.00
$279.70
$31.40
$35.00
$48.66
$9.99
$580.00
$112.68
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PGA Merchandise Show
Platte Valley Comm.
Platte Valley Laboratories
Power & Telephone Supply
Prestige Group
Presto-X
Provantage
Purdy Designs
Q Source
QC Supply
Qualifiedhardwarecom
Quill
Random House
RDO Truck Center
Ready Mixed Concrete
Reams
Recognition Unlimited
Recorded Books
Recovery Systems
Redman's Shoes
Reinke's
Relectric Supply
Rough Around the Edges
Ruby Tuesday
Sanitation Products
Sapp Brothers
Schinost, Mike
Scott Michael Childers
See Clear Cleaning
Shafer, Josh
Sherwin Williams
Shoutbomb
Sign Center
Sirsi
Snap On Tools
SOS Portable Toilets
Spokane Hardware
Stampscom
Staples
State Electrical Division
Steinbrink Landscaping
Sullivan, Anne
Sungard
Sunmart
Target
Techsoup
Thompson Co.
Tractor-Supply
Claims
January 27, 2015
Page 3
$325.00
$79.53
$167.50
$477.50
$69.00
$85.32
$482.41
$93.75
$179.01
$466.99
$584.00
$211.50
$227.21
$250.80
$2,474.67
$242.99
$18.85
$63.22
$336.40
$200.00
$403.05
$541.25
$300.00
$30.24
$685.82
$54.28
$13.57
$40.00
$350.00
$5.17
$53.49
$360.00
$26.00
$19,006.00
$143.40
$117.00
$74.20
$4.99
$160.48
$253.00
$8.75
$91.93
$1,323.76
$608.37
$664.70
$12.00
$181.64
$454.81
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PERSONNEL SERVICES
EQUIPMENT RENTAL
CAPITAL OUTLAY
DEBT SERVICE
Tye Law Firm
U-Haul Moving
Uline
Union Bank & Trust
Unique Management
UNL Agronomy
UNL Marketplace
UPS Store
USA Blue Book
USA Communications
USA Light & Electric
USPS
Van Wall Equipment
Van Wall Turf
Verizon
Verne Simmonds
Versare Solutions
Video Store Shopper
Walgreens
Wal-mart
Water Environment
Waterlink
Wilke's True Value
Wilson Yakima
Witmer Public Safety
Wolfe, Brian
WPCI
Xavus
$78.33
$536.31
$106.78
$65,657.55
$358.00
$540.00
$31.18
$499.56
$611.67
$170.31
$436.00
$192.43
$121.09
$6,095.00
$20.08
$75.00
$899.00
$977.04
$13.89
$883.74
$124.00
$668.73
$594.73
$66.10
$620.91
$11.20
$317.50
$890.00
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Claims
January 27, 2015
Page 4
COUNCIL AGENDA MEMO
ITEM NO. IV - #4
FROM:
Wendell Wessels, Director of Finance
MEETING:
January 27, 2015
SUBJECT:
Renewal of Agricultural Leases for Bendfeldt and Larsens
PRESENTER:
No Presenter – Consent Agenda
Discussion:
The City has leased Airport-owned farm ground to several local farmers dating back to the
early 1980’s. Originally, the Kearney Regional Airport was responsible for the production of all
farm lands which included providing manpower and machinery. The farm lands are leased
locally to farmers saving the Airport money in overhead costs and establishing business
relationships within the community.
In reviewing the timeline and explaining the process of the new Central Nebraska Veterans
Home and and the new youth sports complex, the City has prepared the Agricultural Leases
for the remaining two farmers, Bendfeldt Farms and Tom and Ted Larsen. These two farmers
are aware of the upcoming construction of these two projects.
Fiscal Note:
The 2015 cash rent rates for airport farmland leases is based on the average cash rental rates
for the Central District according to the UNL Department of Agriculture Economics Report No.
194 dated June 2014. The cash rental rate for center pivot irrigated cropland is $260/acre,
gravity irrigated cropland is $250/acre, dryland cropland is $110/acre, and hay land is
$60/acre.
Recommended Action:
Staff recommends adoption of the attached resolution approving the Ag Leases as set forth
above for 2015.
We provide services, solutions, and opportunities for our community.
BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska,
that the President be and is hereby authorized and directed on behalf of the City of
Kearney, Nebraska to execute the following Agriculture Lease Agreements on property
located at the Kearney Regional Airport from February 1, 2015 until December 31,
2015:
 B & B Bendfeldt Farms, LLC and Brenda Bendfeldt (239.8 irrigated acres) –
annual cash rent is $61,302;
 Thomas Larsen and Theodore Larsen (61 pivot irrigated acres and 64.5 nonirrigated acres) – annual cash rent is $30,981;
A copy of the Agreements, marked Exhibits “1” and “2” are attached hereto and made a
part hereof by reference.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
CITY OF KEARNEY, NEBRASKA
Agriculture Lease
THIS LEASE made this 27th day of January, 2015, between the City of Kearney,
Nebraska, hereinafter called “LESSOR”, and B & B Bendfeldt Farms, L.L.C. and Brenda
Bendfeldt, hereinafter called “LESSEE”, upon the terms and conditions following:
1. DESCRIPTION OF FARM: LESSOR hereby leases to LESSEE 239.8 acres,
more or less, of irrigated cropland, all in Buffalo County, Nebraska, located as
follows: Pivot 3 consisting of 135.3 irrigated acres located in parts of the Southwest
Quarter and the Southeast Quarter of Section 22, Township 9 North, Range 15 West;
Field 8 consisting of 41.3 irrigated acres located in parts of Section 21, Township 9
North, Range 15 West; Field 12 consisting of 63.2 irrigated acres located in the
Northwest Quarter of Section 28, Township 9 North, Range 15 West, all lands located in
Buffalo County, Nebraska as further shown on Exhibit “A” attached hereto and made a
part hereof.
2. AUTHORITY: It is agreed that this Lease is under and by virtue of the terms and
provisions of a quitclaim deed of the United States of America, Grantor, to the City of
Kearney, Nebraska, Grantee, recorded in Book 151, Page 47, in the Deed records of
Buffalo County, Nebraska, which deed is made a part of this Lease.
3. TERMS: The term of this Lease shall be for one (1) crop season, commencing
February 1, 2015 to the completion of the 2015 harvest season but no later than
December 31, 2015.
4. CROPPING PLAN: Land can be planted to corn, milo, soybeans, alfalfa or small
grains. LESSEE shall secure approval from the Airport Manager before planting
anything other than these crops.
5. RENTAL TERMS: LESSEE agrees to pay LESSOR annual cash rent in the
amount of $61,302.00 due and payable as follows:
$20,434.00 due on March 1, 2015
$20,434.00 due on July 1, 2015
$20,434.00 due on November 1, 2015
6. LETTER OF CREDIT: LESSEE hereby agrees to tender to LESSOR, no later
than February 1, 2015, an irrevocable letter of credit issued for an amount equivalent to
one hundred percent (100%) of the annual rental required by Paragraph 5 above. The
said letter of credit is to be continuing and valid for the entire duration of the term of the
Lease. In the event of failure to make timely payment of rentals or other default on the
part of LESSEE, LESSEE hereby agrees, consents and grants permission to LESSOR
to make demand upon the issuing bank or lending authority for appropriate payments
owed, and the issuing bank or lending authority is hereby authorized and directed to
make payment to LESSOR.
B & B Bendfeldt 2015
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7. EXPENSES: LESSEE agrees to pay all expenses concerning the production
and marketing of the above crops. LESSEE agrees to pay all irrigation electrical costs,
including fixed charges, and to maintain irrigation equipment in good condition and
perform normal service and maintenance such as lubrication and drop oil for all wells,
replace broken slide gates and rubber gaskets in irrigation pipe, and repair flat tires on
center pivots and on pipe trailers. During the term of the Lease, LESSEE agrees to pay
for damage done by or due to the negligence of himself, his employees or others to
irrigation equipment under his control. Damage done by wind, hail or other acts of God
is excluded.
Except for the aforementioned conditions, which are the expense of LESSEE,
LESSOR agrees to pay for needed repairs to irrigation wells and equipment.
8. STOCKS: LESSEE agrees not to burn or remove any stocks from the farm.
9. WEEDS: LESSEE agrees to keep the premises free from weeds, including the
adjoining fence lines and highways.
10. FALL PLOWING AND SEEDING: LESSEE agrees not to fall plow any land,
plant any crop or prepare the land for planting any crop which would not mature until
after the expiration of this Lease.
11. ASSIGNMENT: LESSEE agrees not to assign this Lease nor sublet said
premises or improvements of any part thereof without the written consent of LESSOR,
under penalty of forfeiture at the option of LESSOR. Should LESSEE be adjudicated
bankrupt, or should this Lease be assigned by operation of law during the term thereof,
LESSOR may declare a forfeiture of this Lease, and may re-enter and repossess the
premises, without notice to LESSEE or his assignees and upon the exercise of such
option all rights of LESSEE and of all persons claiming by, through or under him shall
immediately cease and terminate.
12. CARE OF PREMISES: LESSEE agrees that he will carefully protect all
buildings, fences and improvements of every kind that are now on said premises or that
may be erected thereon during the continuance of this Lease, that he will keep any
fences in repair, LESSOR agrees to furnish posts and wire therefore.
Pasturing of cornstalks is allowed only in fields; Pivot 2, Fields 10, 11 and 12, Pivot 1
and Field 7. LESSEE agrees to use adequate electric fencing and take every precaution
to prevent livestock straying from these fields. Due to the potential hazard to aviation,
pasturing of any kind is not allowed in any of the other fields.
LESSEE further agrees to cultivate the land in accordance with best farming
practices and to maintain acceptable fertility levels of all fields.
After harvest each year, the LESSEE agrees to have soil tests taken of each field,
by an independent agency, and furnish a copy of the results to the Airport Manager.
LESSEE agrees to correct any soil deficiencies that occur during his Lease.
LESSEE agrees to close and lock all gates, which he uses, when the gates are not
in use. LESSEE agrees to travel only in authorized areas and agrees not to interfere
with or present a hazard to aviation. Any farm machinery and equipment, when not in
use, shall be kept a minimum of 500 feet away from the centerline of the North/South
Runway (18/36), a minimum of 300 feet away from the centerline of the
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Northwest/Southeast Runway (13/31), and a minimum of 100 feet away from the
centerline of any taxiway. No equipment shall be left at the end of any runway in the
approach to said runway. For winter storage of irrigation pipe, LESSEE agrees to tie
down all stacks of pipe and pipe trailers to prevent wind damage. LESSEE further
agrees to use Airport irrigation pipe and equipment only in irrigating Airport crop lands
and no Airport irrigation equipment, pipe or pipe trailers shall be removed from the
Airport premises.
13. SURRENDER POSSESSION: LESSEE agrees that he will promptly, at the
expiration of the term herein granted, yield up possession of said premises, without prior
notice of termination of the Lease to LESSOR in as good repair as they now are or may
be at any time during the continuation of this Lease, ordinary wear and tear and loss by
fire excepted, and free from any claim by LESSEE for work or expenses incurred
preparing for subsequent crops.
14. REVOCATION OF LEASE: In the event that this Lease is revoked by action of
the President of the United States as provided by the quitclaim deed aforementioned,
LESSEE shall vacate the leased property, remove his property therefrom and restore
the leased property to as good order and condition as that existing at the date of the
commencement of this Lease within such time as designated by the President or his
agent in such action or revocation. That in case of such revocation, LESSEE does
surrender all rights he may have in and to growing crops or grass upon said premises
and releases LESSOR from any liability because of said termination.
15. SUBJECT TO LEASES: This Lease is made subject to all present and future
oil and gas leases upon the premises and is further subject to all the reservations and
provisions of Section 581 of the Atomic Energy Act of 1946. The right to permit the
erection of any structures upon the premises, signs or advertising is expressly reserved
to LESSOR.
16. NON-DISCRIMINATION: LESSEE for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree, as a covenant running with the land, that in
the event facilities are constructed, maintained, or otherwise operated on the said
property described in this lease for a purpose for which a Department of Transportation
program or activity is extended or for another purpose involving the provision of similar
services or benefits, the LESSEE shall maintain and operate such facilities and services
in compliance with all other requirements imposed pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, office of the Secretary, Part 21,
Non-discrimination in Federally-assisted programs of the Department of Transportation
Effectuation of Title VI of the Civil Rights Act of 1964, Title 23 Code of Federal
Regulations, Part 200, Title VI Program and Related Statutes – Implementation and
Review Procedures, and as said Regulations may be amended.
LESSEE for himself, his personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree, as a
covenant running with the land, that (1) no person on the ground of race, color, or
national origin, sex, age, and disability/handicap, shall be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of said
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facilities, (2) that in the construction of any improvements on, over or under such land
and the furnishing of services thereon, no person on the ground of, race, color, or
denied the benefits of, or otherwise be subjected to discrimination, (3) that the LESSEE
shall use the premises in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted
programs of the Department of Transportation Effectuation of Title VI of the Civil Rights
Act of 1964), Title 23 Code of Federal Regulations, Part 200, Title VI Program and
Related Statutes – Implementation and Review Procedures, and as said Regulations
may be amended.
That in the event of breach of any of the above non-discrimination covenants,
LESSOR shall have the right to terminate the lease and to re-enter and repossess said
land and the facilities thereon, and hold the same as if said lease had never been made
or issued.
17. CROP GROWTH RESTRICTIONS: No crops shall be grown and no farm
machinery shall be operated within 500 feet of the centerline or within 1,100 feet from
the end of the North/South Runway (18/36), or within 300 feet of the centerline or within
800 feet from the end of the Northwest/Southeast Runway (13/31), nor in such a way as
to obstruct the line of sight from any point on a runway to any point on any other
runway.
18. RIGHT OF ENTRY: LESSOR hereby reserves the right to enter upon said
premises at all times by its officers, employees, agents or assigns for the purpose of
viewing the same or for making repairs, alterations or improvements thereon, including
the placement and construction of water wells or test wells and appurtenances including
lines thereto, or for the purpose of taking soil samples, if necessary.
LESSOR hereby reserves the right to enter upon said premises at all necessary
times for, by and through its officers, employees, agents or assigns for the purpose of
viewing, conducting preliminary preparations such as clearing ground, trenching, laying
or constructing, operating, using, replacing, repairing and maintaining sanitary and
storm sewers, waterlines or other public utilities, which are determined to be necessary
in the sole judgment and determination of LESSOR.
LESSOR further reserves a right of entry to repossess any portion of the leased
premises upon determination by the governing body of LESSOR that it is necessary for
the public interest and welfare to re-enter and repossess the premises for the purpose
of re-leasing or selling the property. In the event that LESSOR does re-enter the
property to construct and maintain any utility it shall, as soon as practicable after
construction of the said utility or line, and after all subsequent alterations and repairs
thereto, restore the leased property to a neat and presentable condition. In the event of
re-entry for utility construction purposes or for a partial or complete repossession of the
premises for public interest purposes, LESSOR shall pay fair and reasonable
compensation to LESSEE for losses which LESSEE sustains as a result of the re-entry
or repossession. In the event the parties are unable to negotiate a mutually acceptable
damage value, each of the parties shall select one disinterested reputable citizen of
Buffalo County and the two (2) persons thus chosen shall select a third person who
shall also be a disinterested and reputable citizen of Kearney or Buffalo County; and the
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persons thus chosen and selected first being duly sworn are affirmed for such purpose,
shall value and appraise the damages, which valuation and appraisal by the appraisers
of any two (2) of them, shall be reduced to writing and signed in duplicate by all the said
appraisers or any two (2) of them; and one (1) copy shall be delivered to each of the
parties or their legal representatives within ten (10) days after the appointment of the
appraisers. Such appraised value shall be conclusive on LESSOR and LESSEE.
LESSOR shall give LESSEE notice by mail fifteen (15) days prior to re-entry for
construction or repossession.
19. REPOSSESSION IN CASE OF DEFAULT: That in addition to all other
remedies provided by law or contained herein, LESSOR may, at its option, upon the
failure to perform any of the agreements of this Lease by LESSEE, without formal notice
or demand, enter upon said premises and repossess the same thenceforth the same as
though this Lease had never been in effect.
20. LIABILITY OF LESSOR: LESSEE agrees to indemnify and hold LESSOR and
the City of Kearney, Nebraska, their officers, directors, agents or employees harmless
from and against all liability of whatever nature, including claims, loss and damage to
which LESSOR may be subject by reason of any acts, omissions, or negligence of
LESSEE causing damage to persons or property, or both, in connection with LESSEE’S
use and occupancy of the demised premises; the legal status or classification of
LESSEE shall not nullify, block, or render ineffective the obligations set forth herein,
which shall be preserved as the personal obligations of LESSEE, provided, however,
that LESSEE shall not be liable for any damage, injury or loss solely caused by the
negligence of LESSOR their officers, directors, agents or employees; and provided
further, that LESSOR shall give to LESSEE reasonable notice of any claim made or suit
instituted, and LESSEE shall have the right to compromise and defend the same.
LESSOR, or any of its agencies, will hold harmless or indemnify any respondent for any
liability whatsoever.
Pursuant to Section 77-202.11 of the Nebraska Revised Statutes, as amended, the
county assessor may determine that the property identified in this Lease is not being
used for a public purpose. Therefore, as LESSEE, you will be required by the county
assessor to pay the real estates taxes on the property for calendar year 2014 due in
2015. The statute provides that LESSOR shall not be obligated to pay the taxes upon
failure of LESSEE to pay.
LESSEE shall be considered an independent contractor for all purposes. LESSEE
shall not be considered the agent or employee of LESSOR for any purpose and shall
not hold itself out as such.
21. INSURANCE REQUIRED OF LESSEE: LESSEE, at the expense of LESSEE,
shall keep in full force and effect during the term of this Agreement, workers
compensation insurance, if applicable to LESSEE’S farming operation, and commercial
general liability insurance for not less than one million dollars ($1,000,000.00) bodily
injury and property damage liability per occurrence and in the aggregate. All policies or
endorsements thereto shall name the City of Kearney, Nebraska as an "additional
insured" on the general liability policy. This inclusion shall not make the City a partner
or joint venture with the LESSEE in its operations herein.
5 of 8
Upon approval by LESSOR of all insurance required, in the forms, kinds and
amounts directed to be procured, LESSEE shall deliver all certificates of insurance and
endorsements thereto to LESSOR for incorporation within this Agreement as
attachments thereto. Such certificates of insurance shall state that LESSOR shall
receive written advance notice of a minimum of thirty (30) days before policies are
canceled or are subject to cancellation. In any event, LESSEE is not to commence to
exercise any of the rights and privileges granted under this Agreement until such time
as all insurance directed and required to be furnished by LESSEE is in full force and
effect.
LESSEE hereby agrees that all policies provided shall include a waiver of
subrogation in favor of the City of Kearney, Nebraska.
22. HAZARDOUS MATERIAL: LESSEE hereby covenants and agrees not to
generate, manufacture, store or dispose of, on, under or about said property or
transport to or from said property any flammable explosives, radioactive materials,
hazardous wastes, toxic substance or related materials (hereinafter called hazardous
materials) in a manner that violates any applicable federal, state or local law. Hazardous
materials shall include but not be limited to substances defined as Hazardous
substances, hazardous materials, or toxic substances in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended, 42
U.S.C. Sec. 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C.
Section 1801, et seq.; the Resources Conservation and Recovery Act, 42 U.S.C.
Section 6901 et seq.; and those substances defined as hazardous or toxic in the States
or municipalities codes or ordinances where said property is located, and in the
regulations adopted and publications promulgated pursuant to said laws. Should
LESSEE breach the foregoing covenant, LESSEE hereby agrees to indemnify and hold
harmless Landlord, his employees, and agents, and any successors to Landlords
interest in said property from and against any and all liability (i) including all foreseeable
and all unforeseeable consequential damages, directly or indirectly arising out of the
use, generation, storage or disposal of hazardous materials by LESSEE, their agents or
employees, and (ii) including, without limitation, the cost of any required or necessary
repair, cleanup or detoxification and the preparation of any closure or other required
plans, whether such actions is required or necessary prior to or following termination of
this Lease, for any reason, to the full extent that such action is attributable, directly or
indirectly, to the presence or use, generation, storage, release, threatened release, or
disposal of hazardous materials by any person on said property during possession of
said property by LESSEE. The terms of this section shall not include or pertain to
lawfully parked automobiles and other vehicles, which normally carry gasoline and other
flammable liquids. This agreement herein shall extend to and be binding upon the heirs,
executors, administrators, successors and assigns of LESSOR and LESSEE.
23. RESTRICTIONS AGAINST POLLUTION OF WATER: In the interest of public
health and sanitation and welfare, and so that the leased premises and all of the land in
the same locality may be benefited by a decrease in the hazards of ground water and
other pollution and by the protection of water supplies, recreation, wildlife and other
public uses thereof, LESSEE agrees not to engage in any use of the leased premises
for any purpose that would result in the pollution of the environment or of any waterway
or ground water that is located or flows through, adjacent to or under the leased
6 of 8
premises by refuse, sewage, industrial or hazardous wastes, pollutants, chemicals or
any other materials that pollute the air or water of the premises or otherwise impair the
ecological balance of the surrounding lands in violation of the laws of Nebraska or the
United States. LESSEE shall indemnify, defend and hold harmless LESSOR against
any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and
every kind whatsoever (including, without limitation, court costs and attorneys fees)
which at any time or from time to time may be paid, incurred or suffered by, or asserted
against LESSOR as a direct or indirect result of a breach by LESSEE of the foregoing
covenants, to the extent caused by LESSEE or any agent, employee, invitee or licensee
of LESSEE. The indemnification in this paragraph shall survive the termination of this
Lease, and shall be binding upon LESSEE forever.
24. NEW EMPLOYEE WORK ELIGIBILITY STATUS: LESSEE is required and
hereby agrees to use a federal immigration verification system to determine the work
eligibility status of new employees physically performing services within the State of
Nebraska. A federal immigration verification system means the electronic verification of
the work authorization program authorized by the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,
or an equivalent federal program designated by the United States Department of
Homeland Security or other federal agency authorized to verify the work eligibility status
of a newly hired employee.
If LESSEE is an individual or sole proprietorship, the following applies:
1. The LESSEE must complete the United States Citizenship Attestation Form,
available on the Department of Administrative Services website at www.das.state.ne.us.
2. If the LESSEE indicates on such attestation form that he or she is a
qualified alien, the LESSEE agrees to provide the US Citizenship and Immigration
Services documentation required to verify the LESSEE'S lawful presence in the United
States using the Systematic Alien Verification for Entitlements (SAVE) Program.
3. The LESSEE understands and agrees that lawful presence in the United
States is required and the LESSEE may be disqualified or the contract terminated if
such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108.
25. NOTICES: Whenever any notice or payment is required by this agreement to
be made, given or transmitted to the parties hereto, such notice or payment shall be
enclosed in an envelope with sufficient postage attached to insure delivery and
deposited in the United States Mail, addressed to:
City of Kearney, Nebraska
Finance Department
P.O. Box 1180
Kearney, NE 68848-1180
and notices, consents and approvals to LESSEE addressed to:
B & B Bendfeldt Farms
6910 Ravenna Road
Gibbon, NE 68840
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IN WITNESS WHEREOF, the parties have hereunto, set their hands the day and
year first above written.
CITY OF KEARNEY, NEBRASKA, LESSOR
ATTEST:
By:
Stanley A. Clouse, President of
the Council and Ex-Officio Mayor
Michaelle E. Trembly, City Clerk
B & B Bendfeldt Farms, L.L.C., LESSEE
By:
Robert H. Bendfeldt, LESSEE
By:
Brenda Bendfeldt, LESSEE
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CITY OF KEARNEY, NEBRASKA
Agriculture Lease
THIS LEASE made this 27th day of January, 2015, between the City of Kearney,
Nebraska, hereinafter called “LESSOR”, and Thomas L. Larsen and Theodore A.
Larsen, hereinafter called “LESSEE”, upon the terms and conditions following:
1. DESCRIPTION OF FARM: LESSOR hereby leases to LESSEE 61 acres, more
or less, under pivot irrigation located in part of the South Half of the Southwest
Quarter of Section 21, Township 9 North, Range 15 West, Buffalo County, Nebraska
and 64.5 acres, more or less, of non-irrigated cropland, located in part of the North
Half of the Northwest Quarter of Section 28, Township 9 North, Range 15 West, Buffalo
County, Nebraska as further shown on Exhibit “A” attached hereto and made a part
hereof.
2. AUTHORITY: It is agreed that this Lease is under and by virtue of the terms and
provisions of a quitclaim deed of the United States of America, Grantor, to the City of
Kearney, Nebraska, Grantee, recorded in Book 151, Page 47, in the Deed records of
Buffalo County, Nebraska, which deed is made a part of this Lease.
3. TERMS: The term of this Lease shall be for one (1) crop season, commencing
February 1, 2015 to the completion of the 2015 harvest season but no later than
December 31, 2015.
4. CROPPING PLAN: Land can be planted to corn, milo, soybeans, alfalfa or small
grains. LESSEE shall secure approval from the Airport Manager before planting
anything other than these crops.
5. RENTAL TERMS: LESSEE agrees to pay LESSOR annual cash rent in the
amount of $30,981.00 due and payable as follows:
$10,327.00 due on March 1, 2015
$10,327.00 due on July 1, 2015
$10,327.00 due on November 1, 2015
6. LETTER OF CREDIT: LESSEE hereby agrees to tender to LESSOR, no later
than February 1, 2015, an irrevocable letter of credit issued for an amount equivalent to
one hundred percent (100%) of the annual rental required by Paragraph 5 above. The
said letter of credit is to be continuing and valid for the entire duration of the term of the
Lease. In the event of failure to make timely payment of rentals or other default on the
part of LESSEE, LESSEE hereby agrees, consents and grants permission to LESSOR
to make demand upon the issuing bank or lending authority for appropriate payments
owed, and the issuing bank or lending authority is hereby authorized and directed to
make payment to LESSOR.
7. EXPENSES: LESSEE agrees to pay all expenses concerning the production
and marketing of the above crops. LESSEE agrees to pay all irrigation electrical costs,
Thomas and Theodore Larsen 2015
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including fixed charges, and to maintain irrigation equipment in good condition and
perform normal service and maintenance such as lubrication and drop oil for all wells,
replace broken slide gates and rubber gaskets in irrigation pipe, and repair flat tires on
center pivots and on pipe trailers. During the term of the Lease, LESSEE agrees to pay
for damage done by or due to the negligence of himself, his employees or others to
irrigation equipment under his control. Damage done by wind, hail or other acts of God
is excluded.
Except for the aforementioned conditions, which are the expense of LESSEE,
LESSOR agrees to pay for needed repairs to irrigation wells and equipment.
8. STOCKS: LESSEE agrees not to burn or remove any stocks from the farm.
9. WEEDS: LESSEE agrees to keep the premises free from weeds, including the
adjoining fence lines and highways.
10. FALL PLOWING AND SEEDING: LESSEE agrees not to fall plow any land,
plant any crop or prepare the land for planting any crop which would not mature until
after the expiration of this Lease.
11. ASSIGNMENT: LESSEE agrees not to assign this Lease nor sublet said
premises or improvements of any part thereof without the written consent of LESSOR,
under penalty of forfeiture at the option of LESSOR. Should LESSEE be adjudicated
bankrupt, or should this Lease be assigned by operation of law during the term thereof,
LESSOR may declare a forfeiture of this Lease, and may re-enter and repossess the
premises, without notice to LESSEE or his assignees and upon the exercise of such
option all rights of LESSEE and of all persons claiming by, through or under him shall
immediately cease and terminate.
12. CARE OF PREMISES: LESSEE agrees that he will carefully protect all
buildings, fences and improvements of every kind that are now on said premises or that
may be erected thereon during the continuance of this Lease, that he will keep any
fences in repair, LESSOR agrees to furnish posts and wire therefore.
Pasturing of cornstalks is allowed only in fields; Pivot 2, Fields 10, 11 and 12, Pivot 1
and Field 7. LESSEE agrees to use adequate electric fencing and take every precaution
to prevent livestock straying from these fields. Due to the potential hazard to aviation,
pasturing of any kind is not allowed in any of the other fields.
LESSEE further agrees to cultivate the land in accordance with best farming
practices and to maintain acceptable fertility levels of all fields.
After harvest each year, the LESSEE agrees to have soil tests taken of each field,
by an independent agency, and furnish a copy of the results to the Airport Manager.
LESSEE agrees to correct any soil deficiencies that occur during his Lease.
LESSEE agrees to close and lock all gates, which he uses, when the gates are not
in use. LESSEE agrees to travel only in authorized areas and agrees not to interfere
with or present a hazard to aviation. Any farm machinery and equipment, when not in
use, shall be kept a minimum of 500 feet away from the centerline of the North/South
Runway (18/36), a minimum of 300 feet away from the centerline of the
Northwest/Southeast Runway (13/31), and a minimum of 100 feet away from the
centerline of any taxiway. No equipment shall be left at the end of any runway in the
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approach to said runway. For winter storage of irrigation pipe, LESSEE agrees to tie
down all stacks of pipe and pipe trailers to prevent wind damage. LESSEE further
agrees to use Airport irrigation pipe and equipment only in irrigating Airport crop lands
and no Airport irrigation equipment, pipe or pipe trailers shall be removed from the
Airport premises.
13. SURRENDER POSSESSION: LESSEE agrees that he will promptly, at the
expiration of the term herein granted, yield up possession of said premises, without prior
notice of termination of the Lease to LESSOR in as good repair as they now are or may
be at any time during the continuation of this Lease, ordinary wear and tear and loss by
fire excepted, and free from any claim by LESSEE for work or expenses incurred
preparing for subsequent crops.
14. REVOCATION OF LEASE: In the event that this Lease is revoked by action of
the President of the United States as provided by the quitclaim deed aforementioned,
LESSEE shall vacate the leased property, remove his property therefrom and restore
the leased property to as good order and condition as that existing at the date of the
commencement of this Lease within such time as designated by the President or his
agent in such action or revocation. That in case of such revocation, LESSEE does
surrender all rights he may have in and to growing crops or grass upon said premises
and releases LESSOR from any liability because of said termination.
15. SUBJECT TO LEASES: This Lease is made subject to all present and future
oil and gas leases upon the premises and is further subject to all the reservations and
provisions of Section 581 of the Atomic Energy Act of 1946. The right to permit the
erection of any structures upon the premises, signs or advertising is expressly reserved
to LESSOR.
16. NON-DISCRIMINATION:
LESSEE for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree, as a covenant running with the land, that in
the event facilities are constructed, maintained, or otherwise operated on the said
property described in this lease for a purpose for which a Department of Transportation
program or activity is extended or for another purpose involving the provision of similar
services or benefits, the LESSEE shall maintain and operate such facilities and services
in compliance with all other requirements imposed pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, office of the Secretary, Part 21,
Non-discrimination in Federally-assisted programs of the Department of Transportation
Effectuation of Title VI of the Civil Rights Act of 1964, Title 23 Code of Federal
Regulations, Part 200, Title VI Program and Related Statutes – Implementation and
Review Procedures, and as said Regulations may be amended.
LESSEE for himself, his personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree, as a
covenant running with the land, that (1) no person on the ground of race, color, or
denied the benefits of, or be otherwise subjected to discrimination in the use of said
facilities, (2) that in the construction of any improvements on, over or under such land
and the furnishing of services thereon, no person on the ground of, race, color, or
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denied the benefits of, or otherwise be subjected to discrimination, (3) that the LESSEE
shall use the premises in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted
programs of the Department of Transportation Effectuation of Title VI of the Civil Rights
Act of 1964), Title 23 Code of Federal Regulations, Part 200, Title VI Program and
Related Statutes – Implementation and Review Procedures, and as said Regulations
may be amended.
That in the event of breach of any of the above non-discrimination covenants,
LESSOR shall have the right to terminate the lease and to re-enter and repossess said
land and the facilities thereon, and hold the same as if said lease had never been made
or issued.
17. CROP GROWTH RESTRICTIONS: No crops shall be grown and no farm
machinery shall be operated within 500 feet of the centerline or within 1,100 feet from
the end of the North/South Runway (18/36), or within 300 feet of the centerline or within
800 feet from the end of the Northwest/Southeast Runway (13/31), nor in such a way as
to obstruct the line of sight from any point on a runway to any point on any other
runway.
18. RIGHT OF ENTRY: LESSOR hereby reserves the right to enter upon said
premises at all times by its officers, employees, agents or assigns for the purpose of
viewing the same or for making repairs, alterations or improvements thereon, including
the placement and construction of water wells or test wells and appurtenances including
lines thereto, or for the purpose of taking soil samples, if necessary.
LESSOR hereby reserves the right to enter upon said premises at all necessary
times for, by and through its officers, employees, agents or assigns for the purpose of
viewing, conducting preliminary preparations such as clearing ground, trenching, laying
or constructing, operating, using, replacing, repairing and maintaining sanitary and
storm sewers, waterlines or other public utilities, which are determined to be necessary
in the sole judgment and determination of LESSOR.
LESSOR further reserves a right of entry to repossess any portion of the leased
premises upon determination by the governing body of LESSOR that it is necessary for
the public interest and welfare to re-enter and repossess the premises for the purpose
of re-leasing or selling the property. In the event that LESSOR does re-enter the
property to construct and maintain any utility it shall, as soon as practicable after
construction of the said utility or line, and after all subsequent alterations and repairs
thereto, restore the leased property to a neat and presentable condition. In the event of
re-entry for utility construction purposes or for a partial or complete repossession of the
premises for public interest purposes, LESSOR shall pay fair and reasonable
compensation to LESSEE for losses which LESSEE sustains as a result of the re-entry
or repossession. In the event the parties are unable to negotiate a mutually acceptable
damage value, each of the parties shall select one disinterested reputable citizen of
Buffalo County and the two (2) persons thus chosen shall select a third person who
shall also be a disinterested and reputable citizen of Kearney or Buffalo County; and the
persons thus chosen and selected first being duly sworn are affirmed for such purpose,
shall value and appraise the damages, which valuation and appraisal by the appraisers
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of any two (2) of them, shall be reduced to writing and signed in duplicate by all the said
appraisers or any two (2) of them; and one (1) copy shall be delivered to each of the
parties or their legal representatives within ten (10) days after the appointment of the
appraisers. Such appraised value shall be conclusive on LESSOR and LESSEE.
LESSOR shall give LESSEE notice by mail fifteen (15) days prior to re-entry for
construction or repossession.
19. REPOSSESSION IN CASE OF DEFAULT: That in addition to all other
remedies provided by law or contained herein, LESSOR may, at its option, upon the
failure to perform any of the agreements of this Lease by LESSEE, without formal notice
or demand, enter upon said premises and repossess the same thenceforth the same as
though this Lease had never been in effect.
20. LIABILITY OF LESSOR: LESSEE agrees to indemnify and hold LESSOR and
the City of Kearney, Nebraska, their officers, directors, agents or employees harmless
from and against all liability of whatever nature, including claims, loss and damage to
which LESSOR may be subject by reason of any acts, omissions, or negligence of
LESSEE causing damage to persons or property, or both, in connection with LESSEE’S
use and occupancy of the demised premises; the legal status or classification of
LESSEE shall not nullify, block, or render ineffective the obligations set forth herein,
which shall be preserved as the personal obligations of LESSEE, provided, however,
that LESSEE shall not be liable for any damage, injury or loss solely caused by the
negligence of LESSOR their officers, directors, agents or employees; and provided
further, that LESSOR shall give to LESSEE reasonable notice of any claim made or suit
instituted, and LESSEE shall have the right to compromise and defend the same.
LESSOR, or any of its agencies, will hold harmless or indemnify any respondent for any
liability whatsoever.
Pursuant to Section 77-202.11 of the Nebraska Revised Statutes, as amended, the
county assessor may determine that the property identified in this Lease is not being
used for a public purpose. Therefore, as LESSEE, you will be required by the county
assessor to pay the real estates taxes on the property for calendar year 2014 due in
2015. The statute provides that LESSOR shall not be obligated to pay the taxes upon
failure of LESSEE to pay.
LESSEE shall be considered an independent contractor for all purposes. LESSEE
shall not be considered the agent or employee of LESSOR for any purpose and shall
not hold itself out as such.
21. INSURANCE REQUIRED OF LESSEE: LESSEE, at the expense of LESSEE,
shall keep in full force and effect during the term of this Agreement, workers
compensation insurance, if applicable to LESSEE’S farming operation, and commercial
general liability insurance for not less than one million dollars ($1,000,000.00) bodily
injury and property damage liability per occurrence and in the aggregate. All policies or
endorsements thereto shall name the City of Kearney, Nebraska as an "additional
insured" on the general liability policy. This inclusion shall not make the City a partner
or joint venture with the LESSEE in its operations herein.
Upon approval by LESSOR of all insurance required, in the forms, kinds and
amounts directed to be procured, LESSEE shall deliver all certificates of insurance and
endorsements thereto to LESSOR for incorporation within this Agreement as
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attachments thereto. Such certificates of insurance shall state that LESSOR shall
receive written advance notice of a minimum of thirty (30) days before policies are
canceled or are subject to cancellation. In any event, LESSEE is not to commence to
exercise any of the rights and privileges granted under this Agreement until such time
as all insurance directed and required to be furnished by LESSEE is in full force and
effect.
LESSEE hereby agrees that all policies provided shall include a waiver of
subrogation in favor of the City of Kearney, Nebraska.
22. HAZARDOUS MATERIAL: LESSEE hereby covenants and agrees not to
generate, manufacture, store or dispose of, on, under or about said property or
transport to or from said property any flammable explosives, radioactive materials,
hazardous wastes, toxic substance or related materials (hereinafter called hazardous
materials) in a manner that violates any applicable federal, state or local law. Hazardous
materials shall include but not be limited to substances defined as Hazardous
substances, hazardous materials, or toxic substances in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended, 42
U.S.C. Sec. 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C.
Section 1801, et seq.; the Resources Conservation and Recovery Act, 42 U.S.C.
Section 6901 et seq.; and those substances defined as hazardous or toxic in the States
or municipalities codes or ordinances where said property is located, and in the
regulations adopted and publications promulgated pursuant to said laws. Should
LESSEE breach the foregoing covenant, LESSEE hereby agrees to indemnify and hold
harmless Landlord, his employees, and agents, and any successors to Landlords
interest in said property from and against any and all liability (i) including all foreseeable
and all unforeseeable consequential damages, directly or indirectly arising out of the
use, generation, storage or disposal of hazardous materials by LESSEE, their agents or
employees, and (ii) including, without limitation, the cost of any required or necessary
repair, cleanup or detoxification and the preparation of any closure or other required
plans, whether such actions is required or necessary prior to or following termination of
this Lease, for any reason, to the full extent that such action is attributable, directly or
indirectly, to the presence or use, generation, storage, release, threatened release, or
disposal of hazardous materials by any person on said property during possession of
said property by LESSEE. The terms of this section shall not include or pertain to
lawfully parked automobiles and other vehicles, which normally carry gasoline and other
flammable liquids. This agreement herein shall extend to and be binding upon the heirs,
executors, administrators, successors and assigns of LESSOR and LESSEE.
23. RESTRICTIONS AGAINST POLLUTION OF WATER: In the interest of public
health and sanitation and welfare, and so that the leased premises and all of the land in
the same locality may be benefited by a decrease in the hazards of ground water and
other pollution and by the protection of water supplies, recreation, wildlife and other
public uses thereof, LESSEE agrees not to engage in any use of the leased premises
for any purpose that would result in the pollution of the environment or of any waterway
or ground water that is located or flows through, adjacent to or under the leased
premises by refuse, sewage, industrial or hazardous wastes, pollutants, chemicals or
any other materials that pollute the air or water of the premises or otherwise impair the
ecological balance of the surrounding lands in violation of the laws of Nebraska or the
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United States. LESSEE shall indemnify, defend and hold harmless LESSOR against
any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and
every kind whatsoever (including, without limitation, court costs and attorneys fees)
which at any time or from time to time may be paid, incurred or suffered by, or asserted
against LESSOR as a direct or indirect result of a breach by LESSEE of the foregoing
covenants, to the extent caused by LESSEE or any agent, employee, invitee or licensee
of LESSEE. The indemnification in this paragraph shall survive the termination of this
Lease, and shall be binding upon LESSEE forever.
24. NEW EMPLOYEE WORK ELIGIBILITY STATUS: LESSEE is required and
hereby agrees to use a federal immigration verification system to determine the work
eligibility status of new employees physically performing services within the State of
Nebraska. A federal immigration verification system means the electronic verification of
the work authorization program authorized by the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,
or an equivalent federal program designated by the United States Department of
Homeland Security or other federal agency authorized to verify the work eligibility status
of a newly hired employee.
If LESSEE is an individual or sole proprietorship, the following applies:
1. The LESSEE must complete the United States Citizenship Attestation Form,
available on the Department of Administrative Services website at www.das.state.ne.us.
2. If the LESSEE indicates on such attestation form that he or she is a
qualified alien, the LESSEE agrees to provide the US Citizenship and Immigration
Services documentation required to verify the LESSEE'S lawful presence in the United
States using the Systematic Alien Verification for Entitlements (SAVE) Program.
3. The LESSEE understands and agrees that lawful presence in the United
States is required and the LESSEE may be disqualified or the contract terminated if
such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108.
25. NOTICES: Whenever any notice or payment is required by this agreement to
be made, given or transmitted to the parties hereto, such notice or payment shall be
enclosed in an envelope with sufficient postage attached to insure delivery and
deposited in the United States Mail, addressed to:
City of Kearney, Nebraska
Finance Department
P.O. Box 1180
Kearney, NE 68848-1180
and notices, consents and approvals to LESSEE addressed to:
Thomas Larsen
11 West 44th Street
Kearney, NE 68847
Theodore Larsen
803 East 8th Street
Kearney, NE 68847
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26. RIGHT TO CONSTRUCT SEWER AND WATER LINE: The parties agree and
understand that LESSOR shall have a right, should it deem necessary, to construct a
water and/or sewer line over and through the parcel of property that is the subject
matter of this leasehold during the term of this Lease. LESSOR has not decided as yet
whether such a construction project shall occur during the term of this leasehold or not.
It is anticipated that this water and/or sewer line will follow the right-of-way of 56th
Street as it would cross this property and connect to Airport Road. Should LESSOR
decide to construct said water and/or sewer line, the parties agree that LESSEE will not
be obligated to pay rent for any and all acreage that is lost to farming as a result of the
construction project. LESSOR agrees to make reasonable efforts to construct said
project in such a way as to not interfere with LESSEE’s farming operations. LESSEE
agrees to allow the LESSOR or its agents, contractors, or assigns, access to the
property for the purpose of constructing this project. LESSOR agrees that it will give
LESSEE at least thirty (30) days notice of when construction of such project will
commence. The parties agree that should the LESSOR build this project that LESSEE’s
losses will be limited to the value of the crop input losses (seed, field prep, herbicide,
irrigation expense, proportionate share of property taxes) plus the proportionate share
of the cash rent paid for the acres lost.
IN WITNESS WHEREOF, the parties have hereunto, set their hands the day and
year first above written.
CITY OF KEARNEY, NEBRASKA, LESSOR
ATTEST:
By:
Stanley A. Clouse, President of
the Council and Ex-Officio Mayor
Michaelle E. Trembly, City Clerk
By:
Thomas L. Larsen, LESSEE
By:
Theodore A. Larsen, LESSEE
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COUNCIL AGENDA MEMO
ITEM NO. IV - #5, 6, 7
FROM:
Michaelle Trembly, City Clerk
MEETING:
January 27, 2015
SUBJECT:
Applications for Agricultural Deferral of Special Assessments
PRESENTER:
Discussion:
On June 10, 2014 the City Council approved the following:
 Ordinance No. 7898 creating Water District No. 2014-574 and Ordinance No. 7900
creating Sanitary Sewer District No. 2014-512 in 27th Avenue from 11th Street south
850 feet.
 Ordinance No. 7899 creating Water District No. 2014-575 and Ordinance No. 7901
creating Sanitary Sewer District No. 2014-513 in 30th Avenue from 11th Street south
1,500 feet.
On December 23, 2014 the City Council approved the following:
 Ordinance No. 7955 creating Paving Improvement District No. 2014-969 for 11th Street
from a point 109.74 feet west of 30th Avenue, thence east for a distance of 2,440.08
feet.
 Ordinance No. 7956 creating Paving Improvement District No. 2014-970 for 27th
Avenue from 11th Street south 850 feet.
 Ordinance No. 7957 creating Paving Improvement District No. 2014-971 for 30th
Avenue from 11th Street south 1,500 feet.
The City has received an Application for Special Assessment Deferral for Agricultural Property
from Notz Farm, LLC with regard to Paving Improvement District No. 2014-970. The City also
received a deferral application from Jeff and Lisa Overturf and the Berean Fundamental
Church for Paving Improvement District No. 2014-971. Finally, the City received an application
for deferral from Jeffrey Knapp for Paving Improvement District No. 2014-971, Water District
No. 2014-575 and Sanitary Sewer District No. 2014-513.
The deferral of the special assessments shall continue unless terminated upon any of the
following events: (1) notification by the owner of record title to the city council to remove such
deferral; (2) sale or transfer to a new owner who does not make a new application within sixty
days of the sale or transfer; (3) transfer by reason of death of a former owner to a new owner
who does not make application within 125 days of the transfer; (4) the land is no longer being
used as agricultural land; or (5) change of zoning to other than an agricultural zone.
ITEM NO. IV - #5, 6, 7
Fiscal Note:
The deferral of assessments will continue unless terminated by any one of the five conditions
set forth above.
Recommended Action:
Provided the property owner complies with the requirements of Section 19-2429, R.R.S., staff
recommends approval of the applications for the deferral of special assessments with regard to
Paving Improvement District Nos. 2014-970 and 2014-971, Water District No. 2014-575 and
Sanitary Sewer District No. 2014-513.
COUNCIL AGENDA MEMO
ITEM NO. IV - #8
FROM:
Wendell Wessels, Director of Finance
MEETING:
January 27, 2015
SUBJECT:
Auditing Services
PRESENTER:
Discussion:
In 2003, the City solicited proposals from qualified firms of certified public accountants for
auditing services and the City received one proposal offering to provide auditing services for
the City of Kearney and the City of Kearney Community Redevelopment Authority from the
Kearney office of McDermott & Miller, P.C. On June 24, 2003 the Kearney City Council
approved McDermott and Miller, P.C. as the City’s Auditor for a three year period beginning
with the fiscal year ending on September 30, 2003, on August 22, 2006 the Kearney City
Council approved McDermott & Miller, P.C. as the City’s Auditor for an additional three year
period beginning with the fiscal year ending on September 30, 2006, on March 24, 2009 the
Kearney City Council approved McDermott & Miller, P.C. as the City’s Auditor for an additional
three year period beginning with the fiscal year ending on September 30, 2009, and on
February 14, 2012 the Kearney City Council approved McDermott & Miller, P.C. as the City’s
Auditor for an additional three year period beginning with the fiscal year ending on September
30, 2012. Attached is an agreement prepared by McDermott & Miller to extend the current
agreement for an additional three year period.
Fiscal Note:
The annual cost of the audit for each of the last three years was $17,140.00 for the City of
Kearney audit, $6,895.00 for the Keno audit, and $1,885.00 for the City of Kearney Community
Redevelopment Authority audit. The annual cost of the audit for each of the next three years
will be $18,335.00 for the City of Kearney audit, $7,375.00 for the Keno audit, and $1,885.00
for the City of Kearney Community Redevelopment audit. Funding will be provided in the
annual budgets of the City of Kearney and the City of Kearney Community Redevelopment
Authority to pay of the costs of the annual budgets.
Recommended Action:
Staff recommends that the current contract with McDermott & Miller be extended for a threeyear period beginning with the fiscal year ending on September 30, 2015 and that the
resolution be passed and approved.
WHEREAS, Requests for Proposals were received and opened on May 30, 2003 for
auditing services for the City of Kearney, Nebraska and the City of Kearney Community
Redevelopment Authority; and
WHEREAS, the City received one proposal from McDermott & Miller, P.C. and City
Administration reviewed the proposal and recommended the proposal offered by
McDermott & Miller, P.C. of Kearney Nebraska, be accepted; and
WHEREAS, the recommendation from City Administration was accepted and
approved on June 24, 2003 by the Kearney City Council; and
WHEREAS, on August 14, 2006 the City received a proposal from McDermott &
Miller, P.C. to extend the existing agreement an additional three years; and
WHEREAS, on March 3, 2009 the City received a proposal from McDermott & Miller,
P.C. to extend the existing agreement an additional three (3) years; and
WHEREAS, on January 25, 2012 the City received a proposal from McDermott &
Miller, P.C. to extend the existing agreement an additional three (3) years; and
WHEREAS, on January 9, 2015 the City received a proposal from McDermott &
Miller, P.C. to extend the existing agreement an additional three (3) years.
City of Kearney, Nebraska, that the recommendation from City Administration is hereby
accepted and approved, that McDermott & Miller, P.C. of Kearney, Nebraska, be
accepted for auditing services for the City of Kearney, Nebraska, and the City of
Kearney Community Redevelopment Authority for the three-year period beginning with
the fiscal year ending on September 30, 2015, to be performed in accordance with the
Proposal for Professional Audit Services, a copy of which marked “Exhibit A” is attached
hereto and made a part hereof by reference.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
COUNCIL AGENDA MEMO
ITEM NO. IV - #9
FROM:
MEETING:
January 27, 2015
SUBJECT:
Alley Rose Special Designated License for February 21, 2015
PRESENTER:
Discussion:
Attached is an application for a Special Designated License submitted by Alley Rose. The
event is for February 21 inside the Classic Car Museum located at 3600 East Highway 30,
Suite B from 5:00 p.m. until 11:00 p.m. for a reception. Shawn Engberg owns a catering
business and has substantial experience in managing these types of events. Mr. Engberg has
conducted similar events without incident or problems.
I have spoken with Police Chief Dan Lynch on these events and he did not foresee any
problems.
The Council has the authority to review and either approve or deny the issuance of a special
designated license for alcohol sales. If the Council chooses to approve the application, they
will be forwarded to the Nebraska Liquor Control Commission for further processing. If the
Council chooses to deny the application, that is the final decision and they are not forward to
the Liquor Commission.
Fiscal Note:
There are no adverse financial considerations regarding the application.
Recommended Action:
Staff recommends approval of the application as submitted by Alley Rose.
COUNCIL AGENDA MEMO
ITEM NO. IV - #10
FROM:
Kirk Stocker, Director of Utilities
MEETING:
January 27, 2015
SUBJECT:
2014 Part 12 Improvements, Airport Water System
PRESENTER:
Discussion:
In the 2014-2015 Budget, the Utilities Department included funds to construct the 2014 Part 12
Improvements for the Airport Water System. On October 28, 2014 the City Council conducted
a public hearing so that the project may qualify for a State Revolving Fund Loan for financing.
The Airport Water System Improvements include;
 Replacing several hundred feet of water main in Piper Avenue south of the Fire
Training Center. Installing a pressure reducing valve was considered originally but in
the final design replacing the water main is better for the water system.
 Replacement of a broken water main under Airport Road at location about 350 feet
south of Deluxe Manufacturing.
 Replace poor quality water main located east of Airport Road from the Kearney
Volunteer Fire Department AARF Building northward about 1,600 feet.
 Replace poor quality water main located east of Airport Road from the Kearney Aviation
Center southward about 1,300 feet.
Since the Public Hearing, Miller & Associates, the City’s engineer for the project, has
completed the design and prepared the plans and specifications for the project. The Estimated
Opinion of Probable Construction Cost ranges from $275,000 to $350,000.
Fiscal Note:
The Utilities Department has included funds in the 2014-2015 Budget to complete the Airport
Water System Improvements. The project will be financed with Revenue Bonds or a State
Revolving Fund Loan.
Recommended Action:
Staff recommends approving the Plans and specifications for the 2014 Part 12 Improvements
and set the bid opening date and time for 2:00 p.m. on March 3, 2015.
COUNCIL AGENDA MEMO
ITEM NO. IV - #11
FROM:
Scott Hayden, Park & Recreation Director
MEETING:
January 27, 2015
SUBJECT:
Meadowlark Hills Golf Course Maintenance Building
PRESENTER:
Discussion:
The construction of the new 50’ x 70’ maintenance building at Meadowlark Hills Golf Course
has been completed. During construction some change were required in order to improve the
quality of the facility. Some of the changes include: electrical and plumbing upgrades, sewer
and gas line extensions, insulation additions, and adding an outside public drinking fountain.
The new shop includes an equipment maintenance area, wash bay, grinder room, oil room,
tool shelves, offices, break room, staff restroom, and public restrooms.
Fiscal Note:
The Change Order totals $10,015.00.
change order.
The project remains under budget even with this
Recommended Action:
Staff recommends approving the final change order.
WHEREAS, T L Sund Constructors Inc. of Lexington, Nebraska has performed
services in connection with Meadowlark Hills Golf Course Proposed Maintenance
Building located at Meadowlark Hills Golf Course, and the City's engineer, Brungardt
Engineering, have filed with the City Clerk Change Order No. 1 showing an increase to
the contract sum in the amount of $10,015.00, as shown on Exhibit “A”, attached hereto
and made a part hereof by reference as follows:
Original Contract Sum
Change Order No. 1 (1-27-2015)
Contract Sum to Date
$283,062.00
+ 10,015.00
$293,077.00
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as shown
on Exhibits “A”, be and is hereby accepted and approved.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
AND EX-OFFICO MAYOR
COUNCIL AGENDA MEMO
ITEM NO. IV - #12
FROM:
MEETING:
January 27, 2015
SUBJECT:
Three Brothers Vineyard & Winery Special Designated License for
February 17 and 18, 2015
PRESENTER:
Discussion:
Gary Wach has held a Class YK (Farm winery) catering liquor license since November 2007.
He operates the Three Brothers Vineyard & Winery in Farnam, Nebraska. In reviewing the
Liquor Commission’s web site, it does not appear that Mr. Wach has any liquor violations. Mr.
Wach has been asked to cater a wine tasting/sampling for the Cattlemen’s Classic on
February 17, 2015 from 4:00 p.m. until 10:00 p.m. and February 18, 2015 from 1:00 p.m. until
11:00 p.m. These events will take place in the Exposition Building located at the Fairgrounds.
The Police Department has been notified and they do not foresee any problems with this
event.
designated license for alcohol sales. If the Council chooses to approve the application, it will
be forwarded to the Nebraska Liquor Control Commission for further processing. If the Council
chooses to deny the application, that is the final decision and it is not forward to the Liquor
Commission.
Fiscal Note:
Recommended Action:
Staff recommends approval of the application.
COUNCIL AGENDA MEMO
ITEM NO. IV - #13
FROM:
MEETING:
January 27, 2015
SUBJECT:
2014 Part 7 Improvements
PRESENTER:
Discussion:
On September 23, 2014 the City Council awarded the bid for the 2014 Part 7 Improvements to
Midlands Contracting Inc. in the amount of $5,513,218.10. The improvements include:
 The 8th Street Bridge Replacement and paving replacement between 2nd Avenue and
3rd Avenue.
 The South Sewer,
1. Sanitary Sewer Connection District No. 2014-1, from Avenue M westward in
proposed Landon Street, if extended, then northward to 4th Street and westward
in 4th Street to Central Avenue.
2. 4th Street Sanitary Sewer Rehabilitation in 4th Street from Central Avenue to 6th
Avenue.
 4th Street Paving Rehabilitation from Central Avenue to Second Avenue.
 4th Street Paving Rehabilitation, Paving District No. 2014-968, from 3rd Avenue to 6th
Avenue.
Since being awarded the bid, Midlands Contracting has mobilized labor, equipment and
materials and has been working on the project.
Midlands Contracting has submitted Application for Payment No. 3 in the amount of
$661,411.70 for stored material and work completed to date. Miller & Associates, the City’s
Engineer for the project has reviewed the application and recommends that it be paid.
Fiscal Note:
All of the projects in the 2014 Part 7 Improvements have been included in the 2014-2015
Budget.
Recommended Action:
Staff recommends approving Application for Payment No. 3 and authorize Administration to
make payment to Midlands Contracting Inc. in the amount of $661,411.70.
WHEREAS, Midlands Contracting of Kearney, Nebraska has performed services in
connection with the 2014 Part 7 Improvements consisting of Paving Improvement
District No. 2014-968 for 4th Street from 3rd Avenue to 6th Avenue and Sanitary Sewer
Connection District No. 2014-1 commencing at a point near the Kearney RV Park
located at 315 Avenue M, northward and westward in an easement, Landon Street if
extended, thence northward through Riverside Addition and Kreutz Addition to 4th
Street, thence westward to Central Avenue, and the City's engineer, Miller &
Associates, have filed with the City Clerk Application and Certificate for Payment No. 3
in the amount of $661,411.70 as shown on Exhibit “A” attached hereto and made a part
hereof by reference and as follows:
Contract Sum To Date
Gross Amount Due
Retainage (10%)
Amount Due to Date
Less Previous Certificates for Payment
Current Payment Due
$5,513,218.10
5,513,218.10
1,399,597.52
139,959.75
1,259,637.76
598,226.06
$ 661,411.70
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and Certificate for
Payment No. 3, as shown on Exhibit “A”, be and is hereby accepted and approved.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
COUNCIL AGENDA MEMO
ITEM NO. IV - #14
FROM:
MEETING:
January 27, 2015
SUBJECT:
2014 Part 8 Improvements
PRESENTER:
Discussion:
At the August 12, 2014 City Council meeting the Council awarded the bid for the 2014 Part 8
Improvements to Midlands Contracting in the amount of $749,062.00.
The 2014 Part 8 Improvements include water and sanitary sewer improvement districts to
serve Bearcat Corner. The districts are Water District No. 2014–574 and Sanitary Sewer
District 2014–512 in 27th Street from the south line of 11th Street southward 850 feet and
Water District No. 2014–575 and Sanitary Sewer District No. 2014-513 in 30th Avenue from
the south line of 11th Street southward 1,500 feet.
Since being awarded the bid Midlands Contracting has mobilized labor, equipment and
materials and has completed the water and sanitary sewer construction on 27th Avenue south
of 11th Street and have been working on 30th Avenue south of 11th Street.
Midlands Contracting has submitted Application for Payment No. 2 in the amount of
$38,977.66 for stored materials and work completed as of the end of December 2014.
Miller & Associates the City’s engineer on the project has reviewed Application for Payment
No. 2 and recommends that it be approved.
Fiscal Note:
The Utilities Department included funding for this project in the 2014-2015 Budget.
Recommended Action:
Staff recommends approving Application for Payment No. 2 and authorize Administration to
make payment to Midlands Contracting Inc. in the amount of $38,977.66.
WHEREAS, Midlands Contracting of Kearney, Nebraska has performed services in
connection with the 2014 Part 8 Improvements consisting of Water District No. 2014574 and Sanitary Sewer District No. 2014-512 in 27th Avenue from 11th Street south
850 feet; and Water District No. 2014-575 and Sanitary Sewer District No. 2014-513 in
30th Avenue from 11th Street south 1,500 feet, and the City's engineer, Miller &
Associates, have filed with the City Clerk Application and Certificate for Payment No. 2
in the amount of $38,977.66 as shown on Exhibit “A” attached hereto and made a part
hereof by reference and as follows:
Contract Sum To Date
Gross Amount Due
Retainage (10%)
Amount Due to Date
Less Previous Certificates for Payment
Current Payment Due
$749,062.00
749,062.00
279,996.52
27,999.65
251,996.86
213,019.20
$ 38,977.66
NOW, THEREFORE, BE IT RESOLVED by the Mayor 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.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
COUNCIL AGENDA MEMO
ITEM NO. IV - #15
FROM:
MEETING:
January 27, 2015
SUBJECT:
El Tropico Special Designated License for March 7, 2015
PRESENTER:
Discussion:
This request is similar to those submitted by Mr. Lazo in the past. Mr. Lazo holds these
dances on a fairly frequent basis. These large dances are well attended and over the most
recent events, have not created problems. This event will take place in the Exhibit Building on
March 7, 2015 (alternate date is March 14, 2015 and an alternate location is the Exposition
Building) from 6:00 p.m. until 1:00 a.m. The Police Department has been notified and they do
not foresee any problems with this event.
designated license for alcohol sales. If the Council chooses to approve the application, it will
be forwarded to the Nebraska Liquor Control Commission for further processing. If the Council
chooses to deny the application, that is the final decision and it is not forward to the Liquor
Commission.
Fiscal Note:
Recommended Action:
Staff recommends approval of the application submitted by Mr. Lazo.
COUNCIL AGENDA MEMO
ITEM NO. VI - #1
FROM:
Darren Robinson, President of the Economic Development Council of
Buffalo County
MEETING:
January 27, 2015
SUBJECT:
NorthWestern Energy Funds
PRESENTER:
Darren Robinson
Discussion:
On November 20, 2014, the Economic Development Council of Buffalo County approved the
use of NorthWestern Energy funds for Baldwin Filters to assist in job training. In return,
Baldwin Filters are required to meet certain objectives including but not limited to assisting in
training 114 new positions to support a new product line.
The Economic Development Council of Buffalo County recommends approval to proceed with
the use of NorthWestern Energy economic development funds for the project. The funding
request for the project is $100,000.00 payable to Baldwin Filters. Baldwin Filters will enter into
a development agreement committing to specific economic development objectives including
job creation with penalty repayment provisions if objectives are not met.
Fiscal Note:
City of Kearney will commit $100,000 of NorthWestern Energy funds towards the project.
Recommended Action:
Staff recommends approval of NorthWestern Energy fund grant to Baldwin Filters and
authorization for the City Manager to sign all grant related documents.
WHEREAS,
the
Economic
Development
Council
of
Buffalo
County
has
recommended to the City Council that $100,000.00 of the NorthWestern Energy Funds
be used for Baldwin Filters to meet certain objectives including but not limited to
assisting in training 114 new positions to support a new product line; and
WHEREAS, the City Council has deemed it to be in the best interests of the City of
Kearney to commit $100,000.00 of the NorthWestern Energy Funds as requested.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, to approve $100,000.00 of the NorthWestern Energy Funds for
Baldwin Filters to meet certain objectives including but not limited to assisting in training
114 new positions to support a new product line.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute all grant related documents.
ATTEST:
CITY CLERK
STANLEY A. CLOUSE
January 14, 2015 Mayor Stanley Clouse Michael Morgan City of Kearney 18 East 22nd Street Kearney, Nebraska 68847 Dear Mayor Clouse and Mr. Morgan; Re: Baldwin Filters Job Creation Kearney’s largest private employer, Baldwin Filters, has requested support in the form of training funds for bringing on 114 new positions to support a new product line. The funding requested by Baldwin Filters will be used to invest in individuals in our community to provide the skills necessary to gain employment. The jobs proposed by Baldwin Filters provide for full benefits including access to medical, dental, life, 401k and tuition reimbursement. Entry level wages begin at $15.30 per hour with expected wages of $17.00 after training. The NorthWestern agreement does allow for funds to be used for job training: 2. MEANS OF DISBURSEMENT: The annual contribution of funds shall be deposited and maintained in accounts of the Cities, separate from their General Funds and may be disbursed and utilized in transactions recommended by each Cities’ respective Local Development Corporation Executive Committee (Local Committee) and approved by the respective Mayor and City Council. Allowable transaction for use of the funds include;...grants for job training. The Economic Development Council of Buffalo County respectfully asks the City Council for approval to utilize $100,000 from the NorthWestern Energy economic development funds to assist Baldwin Filters with job training. The grant funding supports our largest employer, provides investment in citizens of the community, and results in new payroll in excess of $1,000,000 annually. Currently, Baldwin Filters provides over $60,000,000 in annual payroll to employees in Nebraska and Kearney. This new product line brings new dollars to Kearney and to the State of Nebraska. I look forward to presenting this project to City Council for consideration. Respectfully Submitted, Darren R. Robinson, President Economic Development Council of Buffalo County, a Nebraska nonprofit corporation PS
PERSONNEL SERVICES
SMCS SUPPLIES, MATERIALS, AND CONTRACTUAL SERVICES
ER
EQUIPMENT RENTAL
CO
CAPITAL OUTLAY
DS
DEBT SERVICE
Vendor
NPPD
Amount
$71,515.83
Purpose
smcs
Open Account Claims
January 27, 2015
Page 1

kearney city council

Transcription

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