View Other Items in this Archive | View All Archives | Printable Version

Kearney, Nebraska

November 22, 2005

7:00 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on November 22, 2005, in the Council Chambers at City Hall.  Present were: Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent: None.  Michael W. Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Management Assistant; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Frank Robinson, Mike Cahill from KKPR Radio, Steve Altmaier from KGFW Radio, Mike Konz from Kearney Hub.

 

Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being attached to these minutes.  Advance notice of the meeting was also given to the City Council and a copy of their acknowledgment or receipt of such notice is attached to these minutes.  Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and City Council.  All proceedings hereafter shown were taken while the meeting was open to the attendance of the public.

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Reverend Jerry Gilbreath from First Lutheran Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts led the Council members and audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

None.

 

IV.    CONSENT  AGENDA

 

Moved by Kearney seconded by Clouse that Subsections 1 through 14 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held November 8, 2005.

 

2.         Approve the following Claims: Alamar Uniforms $196.71 ps; Alltel $1,077.26 smcs; Anderson,S $272.00 smcs; B&B Auto Glass $497.55 smcs; Baker & Taylor Books $926.22 smcs; Beckenhauer,T $23.40 smcs; Berke,C $25.83 smcs; Better Containers $159.74 smcs; Bluecross Blueshield $89,530.74 smcs; Broadfoots $2,819.22 smcs; Brown,A $78.00 smcs; Brown,G $8.33 smcs; Buffalo Co Court $149.16 ps; Burgland,W $26.90 smcs; Buttress,S $1,940.10 smcs; Campbell,J $3.59 smcs; Capital Media $1,585.85 smcs; Cash-Wa $452.64 smcs; Central Fire $240.15 smcs; Central Hydraulics $567.21 smcs; Central NE Bobcat $5,950.00 co; Central NE Equipment $3,705.00 co; Chessmore,L $20.83 smcs; Chief $104.94 smcs; Chief Industries $84,331.80 co; City of Ky $75,694.88 smcs,ps; City of Omaha $340.00 smcs; College Savings Plan of NE $50.00 ps; Copycat Printing $195.66 smcs; Cornerstone Group $46.32 smcs; Croutcher,S $31.09 smcs; Culligan $228.50 smcs; Cummins $495.89 smcs; Dare America $67.43 smcs; Davis,L $118.22 smcs; Diamond Vogel $56.23 smcs; Dirt Works $1,590.00 co; Dmilaco $383.00 smcs; Dugan Business Forms $3,560.21 smcs; Dutton-Lainson $91.78 smcs; E&S Tool Service $80.00 smcs; Eakes $1,814.36 smcs; Eickhoff,B $153.00 ps; Eirich,T $50.00 smcs; Elliott $432.49 smcs; Elliott,J $832.69 smcs; Engels,D $10.11 smcs; Envirotech Services $27,477.54 smcs; Eustis Body Shop $155.00 smcs; Faz,A $191.00 smcs; FedEx $121.03 smcs; Fort Bend Services $8,712.00 smcs; Fowler,K $26.20 smcs; Frontier $7,766.96 smcs; Gall's $109.03 smcs; Garrett Tires $3,608.63 smcs; Gary's I-80 $135.00 smcs; Giesenhagen,G $8.85 smcs; Great Plains One Call $346.98 smcs; Griego,T $30.10 smcs; H&H Distributing $206.10 smcs; HTE Users $150.00 smcs; Hometown Leasing $39.32 smcs; ICMA $1,002.40 smcs; ICMA RC $2,590.70 ps; Institute of Police Tech $1,275.00 smcs; Intellicom Computer $65.00 smcs; IRS $86,892.32 ps; J. Gardner & Associates $310.00 smcs; Jack Lederman $351.46 smcs; Jardine,K $21.08 smcs; Jay's $278.93 smcs; Jensen,D $31.47 smcs; Johnson,D $47.89 smcs; Johnson,S $50.00 smcs; Journey,L $348.00 smcs; Kayton Electric $24,756.06 co; Ky Chamber of Comm $230.00 smcs; Ky Clinic $100.00 ps; Ky Concrete $3,995.42 smcs,co; Ky Crete $105.69 smcs,co; Ky Hub $3,416.15 smcs,co; Ky Implement $8,609.63 smcs,co; Ky Towing $90.00 smcs; Ky Yamaha $130.31 smcs; Kersting,R $19.76 smcs; Kirkham Michael $7,134.22 co; Kirkwood,M $456.27 smcs; KKPR $150.00 smcs; Knaggs,G $2,521.20 smcs; Konz,M $63.49 smcs; Laughlin,K $360.00 ps; Law Enforcement Training $127.00 smcs; Lewis,D $387.20 smcs; Linweld $47.30 smcs; Longo,P $118.16 smcs; Maddux Construction $58.50 smcs; Magic Cleaning $3,550.00 smcs; Mail Express $130.77 smcs; Manary,M $20.26 smcs; Mandernach,J $255.14 smcs; Marlatt Machine Shop $722.16 smcs,co; Marshall Cavendish $124.94 smcs; Martin,P $37.33 smcs; Maurer,P $30.96 smcs; McCarty,D $17.10 smcs; McDermott & Miller $2,600.00 smcs; McDermott,N $9.84 smcs; McLaughlin Rincon $523.30 smcs; McLaughlin,P $151.50 smcs; Meteorlogix $567.00 er; Mid America Pay Phones $100.00 smcs; Mid-State Engineering $280.00 co; Mid-State Units $390.00 smcs; Miller & Associates $129,570.05 smcs,co; Moore Wallace $502.50 smcs; MSI $4,800.00 co; NWWA $6,114.56 smcs; NCL of Wisconsin $268.19 smcs; NCS Equipment Rental $260.00 smcs; NE Child Support $1,361.31 ps; NE Dept of Aeronautics $995.00 ds; NE Salt & Grain $11,965.38 smcs; NE State Library $24.50 smcs; NEland Distributors $224.50 smcs; NERPA $225.00 smcs; New World Systems $44,800.00 smcs; Newman Traffic Signs $316.00 smcs; Northstar Audio Books $8.00 smcs; Northwestern $3,113.10 smcs; Novus $31.50 smcs; Olympia Petroleum $3,586.06 smcs; Omaha World Herald $307.36 smcs; Overhead Door $576.10 smcs; P.E.P. $51.10 smcs; Paramount Linen $483.97 smcs; Paul A Otto Curb Grinding $243.00 co; Payne,M $24.44 smcs; Pittman,D $13.36 smcs; Platte Valley Comm $7,869.59 smcs; Press On Ministries $200.00 smcs; Presto-X $140.00 smcs; Promaxima Manufacturing $314.60 ps; Push Pedal Pull $18.73 ps; Quality Books $103.81 smcs; Random House $284.40 smcs; Ready Mixed Concrete $4,201.49 smcs,co; Recognition Unlimited $225.59 smcs; Recorded Books $367.55 smcs; Redfield & Company $22.70 smcs; Research Technology $164.95 smcs; Ring,D $18.69 smcs; Riverdeep $454.90 smcs; Riverside Animal Hospital $3,147.50 smcs; Rochford Custom Homes $600.00 smcs; Roepke,J $24.77 smcs; Rose Equipment $403.88 smcs; Ross,Schroeder, & George $43.75 smcs; Salter,J $151.50 smcs; Schmitt,J $9.07 smcs; Sesna,T $23.40 smcs; Solid Waste Agency $67,110.34 smcs; Story,G $188.18 smcs; Suchsland,T $5.15 smcs; Sun Life Financial $20,489.10 smcs; Sutphen $70.00 smcs; Sydow,J $40.00 smcs; Tanner,S $44.07 smcs; Tee's Plus $344.50 smcs; Thirsty's #2 $7.50 smcs; Thompson,K $10.00 smcs; Thompson,L $30.00 smcs; Thomson Gale $56.15 smcs; Titelist $57.58 smcs; Tomlison,K $32.27 smcs; Tradewell $1,320.00 smcs; Trembly,M $66.99 smcs; Unico Group of Ky $2,488.00 smcs; Union Oil $16,112.76 smcs; Unisys $155.20 smcs; United Fire & Casualty $35,000.00 co; Upbeat $17,625.01 co; UPS $81.52 smcs; Village Uniform $228.81 smcs; Volk,M $3.41 smcs; Washington State Support $102.00 ps; We Care Tree Service $325.00 smcs; Westfall $1,556.02 smcs; Wong,L $27.64 smcs; Xerox  $93.85 smcs; Younes Painting $1,875.00 smcs; Zimmerman Printers $205.20 smcs; Payroll Ending 11-12-2005 -- $260,244.47.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Receive recommendations of Planning Commission and set December 13, 2005 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve the bids received for the purchase of a Four Wheel Loader for the Kearney Area Solid Waste Landfill and award the bid to Murphy Tractor & Equipment from Grand Island, Nebraska in the amount of $166,895.00.

 

5.         Approve Change Order No. 3 showing an increase in the amount of $4,011.33, Application and Certificate for Payment No. 5-Final in the amount of $70,710.38, and Certificate of Substantial Completion submitted by Midlands Contracting and approve by Miller & Associates for the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue; and Water District No. 2005-540 West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition, an addition to the City of Kearney and approve Resolution No. 2005-196.

 

RESOLUTION NO. 2005-196

 

WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue, and Water District No. 2005-540 West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 3 showing an increase in the amount of $4,011.33 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, the Engineer and Contractor, have filed with the City Clerk Application and Certificate for Payment No. 5-Final in the amount of $70,710.38 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$928,987.00

     Change Order No. 1 (4-26-2005)

- 219,141.86

     Change Order No. 2 (7-12-2005)

+119,889.00

     Change Order No. 3 (11-22-2005)

+    4,011.33

 

 

Contract Sum To Date

833,745.47

Gross Amount Due

833,745.47

Retainage

.00

Amount Due to Date

833,745.47

Less Previous Certificates for Payment

  763,035.09

Current Payment Due

$  70,710.38

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of October 14, 2005, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 3 as shown on Exhibit “A”, Application and Certificate of Payment No. 5-Final as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF NOVEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

6.         Approve the bid received for the Kearney Cemetery 144 Crypt Garden Mausoleum and approve Resolution No. 2005-197 awarding the bid to Cold Spring Granite Memorial Group from Cold Spring, Minnesota in the amount of $115,000.00.

 

RESOLUTION NO. 2005-197

 

            WHEREAS, the City of Kearney has reviewed the sealed bids which were opened on November 10, 2005, at 2:00 p.m. for the construction of the Kearney Cemetery 144 Crypt Garden Mausoleum; and

WHEREAS, City staff has recommended the bid offered by Cold Spring Granite Memorial Group of Cold Spring, Minnesota in the sum of $115,000.00 be accepted as the lowest responsible bid.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the recommendation is hereby accepted and approved, that Cold Spring Granite Memorial Group be and is the lowest responsible bidder for the construction of the Kearney Cemetery 144 Crypt Garden Mausoleum, to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Cold Spring Granite Memorial Group in the sum of $115,000.00 be and is hereby accepted.

BE IT FURTHER RESOLVED that the President of the Council of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute contracts for such improvements in accordance with the bid, plans, specifications, and general stipulations pertaining thereto.

            PASSED AND APPROVED THIS 22ND DAY OF NOVEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

MICHAELLE E. TREMBLY                                             AND EX-OFFICIO MAYOR

CITY CLERK

 

7.         Approve the Agreement between the City of Kearney and Bamford Inc. for the connection of two separate premises on property located at 2815 West 24th Street to the same water service line and approve Resolution No. 2005-198.

 

RESOLUTION NO. 2005-198

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement on behalf of the City of Kearney, Nebraska. A copy of the Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to file the Agreement with the Buffalo County Register of Deeds.

            PASSED AND APPROVED THIS 22ND DAY OF NOVEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

MICHAELLE E. TREMBLY                                             AND EX-OFFICIO MAYOR

CITY CLERK

 

8.         Approve the request submitted by Kearney Hub to close the parking stalls in front of the Kearney Hub, 13 East 22nd Street, on December 1, 2005 from 5:00 p.m. until 8:00 p.m. to accommodate the horse-drawn hayrack ride for the Downtown Kearney Centre Christmas event.

 

9.         Approve the bid received for water supplies for the Utilities/Water Division and award the bid submitted by Municipal Supply of Lincoln, Nebraska in the amount of $46,892.93.

 

10.        Approve the Plans and Specifications for the construction of the Yanney Heritage Park – ERC Building and set the bid opening date for December 12, 2005 at 10:00 a.m.

 

11.        Approve Application and Certificate for Payment No. 3 in the amount of $293,534.53 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue and approve Resolution No. 2005-199.

 

RESOLUTION NO. 2005-199

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 3 in the amount of $293,534.53 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,036,342.20

            Change Order No. 1 (9-27-2005)

+      9,820.00

Contract Sum To Date

1,046,162.20

Gross Amount Due

661,197.32

Retainage

66,119.73

Amount Due to Date

595,077.59

Less Previous Certificates for Payment

    301,543.06

Current Payment Due

$  293,534.53

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 3, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF NOVEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

12.        Approve the application for a Special Designated License submitted by KEARNEY STEAK COMPANY, dba “Whiskey Creek” in connection with their Class IK35628 catering liquor license to dispense beer, wine, and distilled spirits in the Exposition Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on December 16 and 17, 2005 from 8:00 a.m. and 1:00 a.m. for the Nebraska Professional Bull Riders Rodeo.

 

13.        Approve the request submitted by the Great Platte River Road Archway Monument on permission to place a sign along Archway Parkway on the east side of the overpass informing the public of the hours of operation.

 

14.        Approve Application and Certificate for Payment No. 3 in the amount of $96,961.41 submitted by Paulsen, Inc. and approved by Miller & Associates for the 2005 Part IV Improvements – Bid B consisting of Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2005-200.

 

RESOLUTION NO. 2005-200

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2005 Part IV Improvements – Bid B consisting of Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 3 in the amount of $96,961.41 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$292,727.25

 

 

Contract Sum To Date

292,727.25

Gross Amount Due

265,334.15

Retainage

26,533.41

Amount Due to Date

238,800.74

Less Previous Certificates for Payment

  141,839.32

Current Payment Due

$  96,961.41

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 3, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF NOVEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

CERTIFICATE OF VOTE – ½¢ SALES TAX SPECIAL ELECTION

 

Items 1, 2, and 3 of the Regular Agenda were discussed together but voted on separately.

 

Mayor Hadley had the City Clerk read the Certificate of Vote from the Buffalo County Election Commissioner.

 

Since early July, the City of Kearney announced new efforts to develop and prioritize capital improvement projects within the community. The City Council and City staff conducted 42 listening sessions, including two townhall meetings. Suggestion cards were also distributed in the utility billings as well as being distributed throughout the community.  The reaction has been great with citizens from different areas of the community responding. In summary, the City received over 1,637 suggestions with over 700 citizens attending the listening sessions and 736 suggestion cards being received.  Examples of the capital improvements that were proposed by citizens included the following: Streets, sidewalks, traffic, library expansion, Parks and Recreation facilities (Harmon Park), Downtown improvements, and Senior Center improvements.

 

A Special Election was held setting forth the question of imposing a sales and use tax in the amount of ½ percent in addition to the one percent currently in effect for an indefinite period. The official results are as follows: 3,589 ballots were cast with 2,748 FOR the proposal and 841 AGAINST the proposal.

 

The City anticipates the implementation of the new tax rate will begin on April 1, 2006. In order for this implementation date and in accordance with Section 77-27,143, the following documents must be filed with the State Tax Commissioner no later than December 2, 2005: (1) Certificate from the Buffalo County Election Commissioner to the State Tax Commissioner that the question of imposing a sales and use tax has NOT been submitted to the electors within the last 23 months; (2) Certificate of Vote from the Buffalo County Election Commissioner; (3) Ordinance No. 7225 adopting and imposing a city sales and use tax of 1½ percent upon the same transactions within the corporate limits of the City of Kearney; and (4) Certified map of the City of Kearney showing the city limits.

 

The City of Kearney will create a “Capital Improvements/Equipment Fund” to place the proceeds of the ½¢ sales tax. The ½¢ sales tax collected will be used specifically for funding capital improvements/equipment.

 

City Clerk read the Certificate of Vote from the Buffalo County Election Commissioner on the Sales and Use Tax Proposal.

 

Moved by Clouse seconded by Lear to accept the Certificate of Vote from the Buffalo County Election Commissioner on the Sales and Use Tax Proposal. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

ORDINANCE NO. 7225 – AMEND SECTION 3-2201 (IMPOSITION OF ½¢ SALES TAX)

 

Council Member Lear introduced Ordinance No. 7225, being Subsection 2 of Agenda Item VI to amend Section 3-2201 “Sales and Use Tax; Adoption and Imposition; Administration; Assessment; Collection; Claims; Remedies; Penalties and Disposition; Sales and Use Tax Use; Review and Audit; Duties; Repeal of Ordinance No. 4048, ‘Motor Vehicle Wheel Tax’; Amendment” of Article 22 “Sales and Use Tax” of Chapter 3 “Business Regulations” the Code of the City of Kearney to adopt and impose a city sales and use tax of 1½  percent upon the same transactions within the corporate limits of the City of Kearney and to repeal Ordinance No. 5094, 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 suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7225 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Hadley that Ordinance No. 7225 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7225 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.

 

REPORT FROM CITY MANAGER ON PROCESS

 

Mayor Hadley had City Manager Michael Morgan report on the process pertaining to the adoption of the 1½ percent city sales and use tax.

 

City Manager stated that normally in early February, the City conducts a public hearing on the Capital Improvement Program.  This coming year the City will begin the process even though the additional sales tax is not effective until April 1st.  There will be a press release announcing the “Capital Improvement Input” form on the website to continue gathering input from citizens prior to that public hearing. 

 

There has been clear commitment and agreement that the Harmon Park Activity Center is a primary project.  Holding a listening session in that neighborhood has been suggested after Christmas.  It is important that the City meet with the neighborhood and also get their input. The City has drawings and estimated budget figures from five years ago when there was a lot of work done on the Harmon Activity Center project.  Forming a citizen committee to work with the Park & Rec Department on that project has been suggested because it has a lot of neighborhood impact. 

 

Mayor Hadley commented that the City will have half a year this year and then can budget for a full year next year.  City Manager stated there is an estimated $900,000 from April through December that the City could collect and an additional $2.7 million for the next year. 

 

Director of Finance Wendell Wessels stated that the tax collected in April will not be given to the City until June.  The City will get a payment from the state for June, July, August and September.  The City will have four months collections for this fiscal year.  The next year will have a full twelve months.  There will be a new capital projects fund created for this tax money and will be able to see where this money goes by project in that fund.  The public will be able to access this information off the City’s website. 

 

Council member Kearney commented this would be a good idea because the public strongly supported it and the City owes it to them to give them an accounting for the funds. 

 

Mayor Hadley thanked City Manager Michael Morgan for all of his work on this whole process.  He believed that the City Manager really guided the Council in doing the things that they did in trying to communicate with the citizens and getting input from them.  Mayor Hadley stated that ten years from now that it will be interesting to see what the City has as a result of this decision by the citizens to enthusiastically embrace the idea (which is difficult to do when talking about taxes) of making Kearney better.  

 

OPEN ACCOUNT CLAIMS; NEBRASKA PUBLIC POWER DISTRICT - $53,485.14; FREMONT NATIONAL BANK - $38,130.92

 

Moved by Hadley seconded by Kearney that Open Account Claims in the amount of $52,485.14 payable to Nebraska Public Power District, and in the amount of $38,130.92 payable to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained. Motion carried.

 

VII.    REPORTS

 

Mayor Hadley and Council members thanked the citizens of Kearney and City staff for the passage of the additional ½¢ sales tax.

 

VIII.    ADJOURN

 

Moved by Kearney seconded by Clouse that Council adjourn at 7:14 p.m. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

 

                                                                                    GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK