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Kearney, Nebraska

May 9, 2006

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 May 9, 2006 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, Assistant to the City Manager; 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: Bob Lammers, Lloyd Castner, Lee Hause, Rick Zubrod, Doralene Weed, Chriss Miller, Tom Fuenning, Kent Cordes, Trenton Snow, Sylvia Pemberton, Chad Micek, Ron Blessing, Matt Williams, Tony Jelinek, 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

 

Mayor Hadley and Council members held a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

Mayor Hadley and Council members led the audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

LAND USE MAP AMENDMENT – 1790 ANTELOPE AVENUE

 

Public Hearings 1, 2 and 3 were discussed together but voted on separately.

 

Moved by Kearney seconded by Clouse to remove from the table the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agricultural Preserve” to “Rural Estates” property described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska (1790 Antelope Avenue). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Mayor Hadley stated the Planning Commission recommended approval.

 

The applicant is requesting approval to rezone and plat a one-lot subdivision located in the two-mile extraterritorial jurisdiction at 1790 Antelope Avenue.  The 1.72 acre proposed lot will be split from the remainder of the farm ground and has an existing house and outbuildings on the property. This project requires approval of an amendment to the Future Land Use Map, rezoning, and subdivision platting.

 

The Future Land Use Map of the City of Kearney Comprehensive Development Plan shows this area to be “Agricultural Preserve” since the property has never been previously zoned or platted.  The proposed single-lot subdivision will require amending the map to “Rural Estates”, the corresponding land use category for the requested zoning of RR-2.

 

The rezoning request is from Agricultural to RR-2, Rural Residential District (Intermediate standards) since the residence is connected to City sanitary sewer service.

 

The Preliminary and Final Plat, to be known as Pemberton Subdivision, consist of a single lot containing 1.72 acres.  The Preliminary Plat was approved March 17, 2006 subject to the following conditions:

  • Additional right-of-way is dedicated on this plat for Antelope Avenue.
  • The existing structures on the property are allowed to remain in place even if they violate setback regulations.  A Subdivision Agreement will be prepared that requires the buildings to be replaced in conformance with setback requirements if they are removed or destroyed by an act of nature.
  • No Public Works Plan is required however; the Subdivision Agreement will require that the property be annexed sometime in the future without protest and that future improvement districts will likewise not be protested.

 

Trenton Snow stated that Sylvia Pemberton wants to sell the house she lived in to her granddaughter, but the granddaughter did not want to buy the rest of the farm land because she did not have the means to do so.  In order for Sylvia’s granddaughter to purchase the house, the one lot subdivision is being created so the house and one and a half acres can be sold.  The rezoning is necessary to meet the requirements for minimum lot area.  This site is served by City sewer; however there is no water available along Antelope Avenue.  The Subdivision Agreement has been signed which entails setbacks for the machine shed, the house and the garage.  If these building are ever removed or destroyed, they will need to meet City subdivision requirements.   

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and approve the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agricultural Preserve” to “Rural Estates” property described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska (1790 Antelope Avenue) and approve Resolution No. 2006-52. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-52

 

            WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the northeast corner of the Southeast Quarter of said Section 6 and assuming the east line of said Southeast Quarter as bearing S00º09’42”E and all bearings contained herein are relative thereto; thence S00º09’42” on the aforesaid east line a distance of 208.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing S00º94’42”E on the aforedescribed course a distance of 183.22 feet to a point on the north right-of-way line of the Burlington Northern Railroad (abandoned); thence N81º41’W on the aforesaid north right-of-way line a distance of 525.75 feet; thence N00º94’42”W parallel with the east line of said Southeast Quarter a distance of 105.71 feet; thence N89º50’18”E a distance of 520.0 feet to the place of beginning, containing 1.72 acres, more or less, all in Buffalo County, Nebraska (1790 Antelope Avenue), from “Agricultural Preserve” to “Rural Estates”, and

            WHEREAS, the said application for change in the Comprehensive Land Use Plan has been approved by the City Planning Commission, after a public hearing properly published and held, and

            WHEREAS, the City Council has held a public hearing upon the said revision and voted in favor of a motion to approve the change in the Land Use Plan as requested by the applicant.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Agricultural Preserve” to “Rural Estates” the use classification for the area described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the northeast corner of the Southeast Quarter of said Section 6 and assuming the east line of said Southeast Quarter as bearing S00º09’42”E and all bearings contained herein are relative thereto; thence S00º09’42” on the aforesaid east line a distance of 208.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing S00º94’42”E on the aforedescribed course a distance of 183.22 feet to a point on the north right-of-way line of the Burlington Northern Railroad (abandoned); thence N81º41’W on the aforesaid north right-of-way line a distance of 525.75 feet; thence N00º94’42”W parallel with the east line of said Southeast Quarter a distance of 105.71 feet; thence N89º50’18”E a distance of 520.0 feet to the place of beginning, containing 1.72 acres, more or less, all in Buffalo County, Nebraska (1790 Antelope Avenue).

            PASSED AND APPROVED THIS 9TH DAY OF MAY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

REZONING – 1790 ANTELOPE AVENUE

 

Moved by Kearney seconded by Clouse to remove from the table the Application submitted by Trenton Snow, Land Surveyor (Applicant) for Sylvia Pemberton, Personal Representative of the Estate for Virgil Pemberton (deceased) (Owner) to rezone from “District AG, Agricultural District” to “District RR-2, Rural Residential District (Intermediate Standards)” property described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska (1790 Antelope Avenue). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Mayor Hadley stated the Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Trenton Snow, Land Surveyor (Applicant) for Sylvia Pemberton, Personal Representative of the Estate for Virgil Pemberton (deceased) (Owner) to rezone from “District AG, Agricultural District” to “District RR-2, Rural Residential District (Intermediate Standards)” property described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska (1790 Antelope Avenue). Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

FINAL PLAT – PEMBERTON SUBDIVISION

 

Moved by Kearney seconded by Clouse to remove from the table the Application submitted by Trenton Snow, Land Surveyor (Applicant) for Sylvia Pemberton, Personal Representative of the Estate for Virgil Pemberton (deceased) (Owner) for final plat approval and Subdivision Agreement for “PEMBERTON SUBDIVISION” a subdivision being a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska (1790 Antelope Avenue). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Mayor Hadley stated the Planning Commission recommended approval subject to the City receiving the Subdivision Agreement.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the Application submitted by Trenton Snow, Land Surveyor (Applicant) for Sylvia Pemberton, Personal Representative of the Estate for Virgil Pemberton (deceased) (Owner) for final plat approval and Subdivision Agreement for “PEMBERTON SUBDIVISION” a subdivision being a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska (1790 Antelope Avenue) and approve Resolution No. 2006-53. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-53

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “PEMBERTON SUBDIVISION” a subdivision being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska, and in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) be accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska subject to compliance with the condition that additional right-of-way shall be dedicated on the plat for Antelope Avenue.

            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 9TH DAY OF MAY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

CONDITIONAL USE PERMIT FOR SUBWAY, 1308 WEST 24TH STREET

 

Mayor Hadley stated that the City received a letter today from the applicant requesting this matter be tabled until June 13, 2006.

 

Moved by Hadley seconded by Kearney to table the hearing on the Application submitted by Jeffrey Overturf for PABO, LLC (Applicant) and Bob Wilson (Owner) for a Conditional Use Permit to construct a building for a restaurant with a drive-thru on property zoned “District UC, Mixed Use Urban Corridor District” and described as Lots 1, 2, 3 and 4, of Block 3 and the vacated north half of 23rd Street lying adjacent to said Lots 2 and Lot 3 of Block 3; and the vacated south half of 23rd Street lying immediately north of and abutting on the north line of Lot 1 of Block 10, all in Kearney Land and Investment Company’s Second Addition to the City of Kearney, Buffalo County, Nebraska (1308 West 24th Street). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

REZONING – 1408 EAST 39TH STREET

 

Public Hearings 5 and 6 were discussed together but voted on separately.

 

Mayor Hadley opened the public hearing on the Application submitted by Chad Micek (Applicant) and Northwest Crossings, LLC (Owner) to rezone from “District C-1, Limited Commercial District” to “District C-1/PD, Limited Commercial/Planned Development Overlay District” property described as part of Lot 2, Grandview Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska (1408 East 39th Street).

 

Planning Commission recommended approval.

 

The applicant is requesting approval to rezone a parcel of land that abuts the Just for Ladies Health Club at 1408 East 39th Street to expand the building and parking area.  The building expansion is approximately 6,400 square feet making the total building area 11,800 square feet.  Approximately 20 additional parking stalls are proposed for a total of 61 provided while only 48 are required.

 

The property in question is currently zoned C-1.  Commercial buildings in this zoning district are restricted to a maximum of 10,000 square feet of floor area.  The rezoning request is from C-1 to C-1/PD to allow a building that exceeds 10,000 square feet.  Other options were investigated to stay under the 10,000 square foot threshold, such as having two buildings connected with a breezeway, but, in the end, staff agreed that 11,800 square feet would be acceptable if the Planning Commission and City Council review and approve the plans.  The children’s home to the west of Just for Ladies is 12,000 square feet in C-1 zoning which was accomplished through a Conditional Use Permit. 

 

The proposed addition will match the existing building with masonry veneer on all four sides.  There is a five-foot horizontal offset for every 100 feet of linear building façade.  The land to the north of this project is open space including a landscape detention pond.  Drainage is designed to flow to the detention pond.  As previously mentioned, all parking requirements have been exceeded.  This project will provide needed space for the existing health club and be an attractive addition to the surrounding neighborhood.

 

Chad Micek from Chief Industries presented this matter to the Council. This is an expansion of “Just for Ladies” workout facility located just north of the Buffalo County fairgrounds on 39th Street.  Due to the growth of participants since January in the facility, the 5,400 square foot building is not adequate.   The C-1 zoning only allows a 10,000 square foot building and it was recommended by City staff to rezone to a C-1/ PD with a planned district with offsets, landscaping, building articulation and building architectural style.  The building size will be 11,000 square feet and will extend to the north and parking will be on the west side. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the Application submitted by Chad Micek (Applicant) and Northwest Crossings, LLC (Owner) to rezone from “District C-1, Limited Commercial District” to “District C-1/PD, Limited Commercial/Planned Development Overlay District” property described as part of Lot 2, Grandview Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska (1408 East 39th Street). Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

DEVELOPMENT PLAN APPROVAL – 1408 EAST 39TH STREET

 

Mayor Hadley opened the public hearing on the Application submitted by Chad Micek (Applicant) and Northwest Crossings, LLC (Owner) for Planned District Development Plan Approval for an expansion to a health club facility on property to be zoned “District C-1/PD, Limited Commercial/Planned Development Overlay District” and described as part of Lot 2, Grandview Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska (1408 East 39th Street) and to consider approval of Resolution No. 2006-61.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and approve the Application submitted by Chad Micek (Applicant) and Northwest Crossings, LLC (Owner) for Planned District Development Plan Approval for an expansion to a health club facility on property to be zoned “District C-1/PD, Limited Commercial/Planned Development Overlay District” and described as part of Lot 2, Grandview Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska (1408 East 39th Street) and approve Resolution No. 2006-61. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-61

 

            WHEREAS, Chad Micek (Applicant) and Northwest Crossings, LLC (Owner) have applied for Planned District Development Plan Approval for an expansion to a health club facility on property zoned “District C-1/PD, Limited Commercial/Planned Development Overlay District” and described as part of Lot 2, Grandview Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska with that part of Lot 2 being more particularly described as follows: beginning at the southwest corner of Lot 2, Grandview Estates Eighth Addition, and assuming the south line of Lot 2 as bearing east and all bearings contained hereto are relative thereto; thence east on the south line of said Lot 2 a distance of 166.50 feet; thence N00º05’40”W a distance of 350.0 feet to the southeast corner of Lot 1 of said Grandview Estates Eighth Addition; thence west on the line common to said Lot 1 and said Lot 2 a distance of 166.50 feet to the northwesterly corner of said Lot 2, Grandview Estates Eighth Addition; said point also being the northeast corner of Lot 1, Casey’s Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence leaving the line common to said Lot 1 and said Lot 2, Grandview Estates Eighth Addition, S00º05’40”E and on the west line of said Lot 2, Grandview Estates Eighth Addition a distance of 350.0 feet to the place of beginning, all in Buffalo County, Nebraska (1408 East 39th Street).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Chad Micek (Applicant) and Northwest Crossings, LLC (Owner) for District Planned Development Plan Approval for an expansion to a health club facility on property zoned “District C-1/PD, Limited Commercial/Planned Development Overlay District” and described as part of Lot 2, Grandview Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska with that part of Lot 2 being more particularly described as follows: beginning at the southwest corner of Lot 2, Grandview Estates Eighth Addition, and assuming the south line of Lot 2 as bearing east and all bearings contained hereto are relative thereto; thence east on the south line of said Lot 2 a distance of 166.50 feet; thence N00º05’40”W a distance of 350.0 feet to the southeast corner of Lot 1 of said Grandview Estates Eighth Addition; thence west on the line common to said Lot 1 and said Lot 2 a distance of 166.50 feet to the northwesterly corner of said Lot 2, Grandview Estates Eighth Addition; said point also being the northeast corner of Lot 1, Casey’s Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence leaving the line common to said Lot 1 and said Lot 2, Grandview Estates Eighth Addition, S00º05’40”E and on the west line of said Lot 2, Grandview Estates Eighth Addition a distance of 350.0 feet to the place of beginning, all in Buffalo County, Nebraska (1408 East 39th Street) be approved.

PASSED AND APPROVED THE 9TH DAY OF MAY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

LAND USE MAP AMENDMENT – 570 FEET WEST OF THE INTERSECTION OF SWEETWATER AVENUE AND COAL CHUTE ROAD

 

Mayor Hadley stated the applicant submitted a letter stating they had decided to table the applications for Land Use Map Amendment, Rezoning, and Final Plat approval for Vogt Subdivision which is located 570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road be tabled until at least June 13, 2006.  

 

Moved by Lear seconded by Buschkoetter to table until June 13, 2006 proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agricultural Preserve” to “Rural Estates” property described as a tract of land being part of Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road). Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

REZONING – 570 FEET WEST OF THE INTERSECTION OF SWEETWATER AVENUE AND COAL CHUTE ROAD

 

Mayor Hadley stated the applicant submitted a letter stating they had decided to table the applications for Land Use Map Amendment, Rezoning, and Final Plat approval for Vogt Subdivision which is located 570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road be tabled until at least June 13, 2006.  

 

Moved by Lear seconded by Buschkoetter to table until June 13, 2006 the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Bobbie G. Vogt for Vogt Family Trust (Owner) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as a tract of land being part of Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road). Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

FINAL PLAT – VOGT SUBDIVISION

 

Mayor Hadley stated the applicant submitted a letter stating they had decided to table the applications for Land Use Map Amendment, Rezoning, and Final Plat approval for Vogt Subdivision which is located 570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road be tabled until at least June 13, 2006.  

 

Moved by Lear seconded by Buschkoetter to table until June 13, 2006 the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Bobbie G. Vogt for Vogt Family Trust (Owner) for final plat approval and Subdivision Agreement for “VOGT SUBDIVISION” a subdivision being part of Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road). Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

REZONING – 10.62 ACRES LOCATED WEST OF THE INTERSECTIONS OF 67TH STREET AND AVENUE N AND 69TH STREET AND AVENUE N

 

Mayor Hadley stated the proposed development of Bel Air Third Addition which is located west of the intersections of 67th Street and Avenue N and 69th Street and Avenue N. The intent of the developer was to include this development into the City limits. When the matter went to Planning Commission there was a misunderstanding as to whether or not this development was being included into the City limits. The Planning Commission approved development as a rural development.

 

Since the Planning Commission meeting, City staff has continued to work with the developer to resolve the matter.  Since the intent of the developer was to include the development into the City limits, all parties have agreed to revise the preliminary and final plats, to rezone some additional land which would then be included into the City limits.

 

The City received a letter from Mitch Humphrey, representative for the developer, requesting the rezoning application for 10.62 acres being rezoned to District R-1 be tabled until the Council meeting on June 13, 2006 at which time the entire development of Bel Air Third Addition will be before the Council for consideration. The applicant is also requesting that the final plat be withdrawn from the Council agenda since they are going back to the Planning Commission on May 19, 2006.

 

Moved by Buschkoetter seconded by Hadley to table until June 13, 2006 the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) and Jeffrey Sikes for TWL, LLC (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the Northeast Quarter of the Northeast Quarter of  Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 10.62 acres, more or less, of which 0.87 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (west of the intersections of 67th Street and Avenue N and 69th Street and Avenue N). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

FINAL PLAT – BEL AIR THIRD ADDITION

 

Mayor Hadley stated since the applicant withdrew his Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) and Jeffrey Sikes for TWL, LLC (Owner) for final plat approval and Subdivision Agreement for “BEL AIR THIRD ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the Northeast Quarter of the Northeast Quarter of  Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 10.62 acres, more or less, of which 0.87 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (west of the intersections of 67th Street and Avenue N and 69th Street and Avenue N) that no action would be necessary.

 

BOARD OF EQUALIZATION FOR PAVING, WATER AND SEWER IMPROVEMENTS

 

Mayor Hadley opened the public hearing for the Council to meet as the Board of Equalization to assess costs for Lot 1, Stoneridge Fourth Addition in connection with Paving Improvement District No. 2003-873A for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive; Paving Improvement District No. 2004-884 for Avenue A from 11th Street to 10th Street; Paving Improvement District No. 2004-886 for Avenue K from 14th Street north to 15th Street; Paving Improvement District No. 2004-887 for 14th Street from Avenue K east to Avenue M; Paving Improvement District No. 2004-888 for 15th Street from Avenue K east to Avenue M; Paving Improvement District No. 2004-889 for 15th Street from Avenue H east to Avenue I; Water District No. 2004-533 for Avenue K from 14th Street north to 15th Street; Water District No. 2004-534 for 14th Street from Avenue K east to Avenue M; Water District No. 2005-540 for West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition, an addition to the City of Kearney; Sewer District No. 2004-475 for Avenue K from 14th Street north to 15th Street; Sewer District No. 2004-476 for 14th Street from Avenue K east to Avenue M; Sewer District No. 2004-477 for 15th Street from Avenue K east to Avenue M; and to consider approval of Resolution No. 2006-64.

 

After the creation of Paving Improvement District No. 2003-873A, at that time a portion of the property was zoned agricultural and one of the property owners applied for an agricultural deferment in accordance with Nebraska State law. The Nebraska Statutes provide that the agricultural deferment terminates when the land is no longer being used as agricultural land and the zoning of the property changed from agricultural.

 

With regard to the piece of land abutting 56th Street, this land is no longer being used as agricultural; therefore, the Council will consider assessing that portion of 56th Street abutting Lot 1, Stoneridge Fourth Addition.

 

After completion of the construction projects, the City hired a title company to complete property abstracts so that assessments could be levied.  Attached are the schedules of the assessments which will be levied for the various districts. These districts have been completed and, in order to satisfy state law, when paving, water and sewer districts are completed, the City Council must act as a Board of Equalization to levy assessments on properties so benefited. Property owners will then be required to pay the first installment within 50 days (June 28, 2006) or will be able to pay the entire assessment without any interest prior to this date.

 

The City will recoup the costs associated with the construction of paving and improving the streets within such Paving Districts, except the cost of paving and improving the intersections of streets or avenues and spaces opposite alleys in such Paving Districts and will recoup the cost of installation of mains in said Water and Sewer Districts.

 

Linda Bramer, 1425 Avenue H, addressed the Council. She is concerned about the paving on Avenue I between 14th Street and 15th Street which is going to be paved.  There will be 250 yards that will be going east and west and she wanted to know who will be responsible for paying for that portion?  Director of Public Works Rod Wiederspan stated this is an existing gravel street that is targeted within the CDGB Grant to be done, but they have not determined how it will be assessed at this time.  Mayor Hadley assured Ms. Bramer that the proper steps will be taken to inform her of exactly how it will occur.     

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Kearney to close the hearing as the Board of Equalization and to assess costs for Lot 1, Stoneridge Fourth Addition in connection with Paving Improvement District No. 2003-873A for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive; Paving Improvement District No. 2004-884 for Avenue A from 11th Street to 10th Street; Paving Improvement District No. 2004-886 for Avenue K from 14th Street north to 15th Street; Paving Improvement District No. 2004-887 for 14th Street from Avenue K east to Avenue M; Paving Improvement District No. 2004-888 for 15th Street from Avenue K east to Avenue M; Paving Improvement District No. 2004-889 for 15th Street from Avenue H east to Avenue I; Water District No. 2004-533 for Avenue K from 14th Street north to 15th Street; Water District No. 2004-534 for 14th Street from Avenue K east to Avenue M; Water District No. 2005-540 for West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition, an addition to the City of Kearney; Sewer District No. 2004-475 for Avenue K from 14th Street north to 15th Street; Sewer District No. 2004-476 for 14th Street from Avenue K east to Avenue M; Sewer District No. 2004-477 for 15th Street from Avenue K east to Avenue M; and approve Resolution No. 2006-64. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-64

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA:

            Section 1.  The President and Council find and determine that the street in Paving Improvement District No. 2003-873 abutting Lot 1 in Stoneridge Fourth Addition, and the streets in Paving Improvement District Nos. 2004-884, 2004-886, 2004-887, 2004-888, and 2004-889 have been improved by paving, curbing and guttering and incidental work, that none of the properties listed, which list is marked Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said improvements and the total amount of said special assessments does not exceed the costs of said improvements exclusive of the cost of the intersections and areas formed by the crossing of streets, avenues and alleys as heretofore determined by the Mayor and City Council.

            Section 2.  That the water mains heretofore ordered installed in Water District Nos. 2004-533, 2004-534, and 2005-540 have been installed, together with all incidental work thereto by the City Utilities Department, and that none of the properties listed, which is marked “Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said water mains and the total amount of said special assessments does not exceed the costs of said improvements as heretofore determined by the Mayor and City Council.

            Section 3.  That the sewer mains heretofore ordered installed in Sewer District Nos. 2004-475, 2004-476, 2004-477 have been installed, together with all incidental work thereto by the City Utilities Department, and that none of the properties listed, which is marked “Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said sewer mains and the total amount of said special assessments does not exceed the costs of said improvements as heretofore determined by the Mayor and City Council.

            Section 4.  Notice of the time and purpose of hearing on special assessments for equalizing said special assessments has been published as provided by law in the Kearney Hub, and a copy of said notice mailed by certified mail to each party known to have a direct legal interest therein.

            Section 5.  That there be and there is hereby levied against Lot 1, Stoneridge Fourth Addition in connection with Paving Improvement District No. 2003-873 as shown in Exhibit “A” the amount set for said lot.  Said assessments for Lot 1, Stoneridge Fourth Addition in connection with Paving Improvement District No. 2003-873 shall become delinquent as follows:

            1/10th fifty days after date of this Resolution

            1/10th one year after date of this Resolution

            1/10th two years after date of this Resolution

            1/10th three years after date of this Resolution

            1/10th four years after date of this Resolution

            1/10th five years after date of this Resolution

            1/10th six years after date of this Resolution

            1/10th seven years after date of this Resolution

            1/10th eight years after date of this Resolution

            1/10th nine years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of six per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

            Section 6.  That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground.  Said assessments for Paving Improvement District Nos. 2004-884, 2004-886, 2004-887, 2004-888, and 2004-889 shall become delinquent as follows:

            1/10th fifty days after date of this Resolution

            1/10th one year after date of this Resolution

            1/10th two years after date of this Resolution

            1/10th three years after date of this Resolution

            1/10th four years after date of this Resolution

            1/10th five years after date of this Resolution

            1/10th six years after date of this Resolution

            1/10th seven years after date of this Resolution

            1/10th eight years after date of this Resolution

            1/10th nine years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of seven per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

            Section 7.  That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground.  Said assessments for Water District Nos. 2004-533, 2004-534, and 2005-540 shall become delinquent as follows:

            1/5th fifty days after date of this Resolution

            1/5th one year after date of this Resolution

            1/5th two years after date of this Resolution

            1/5th three years after date of this Resolution

            1/5th four years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of seven per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

            Section 8.  That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground.  Said assessments for Sewer District Nos. 2004-475, 2004-476, and 2004-477 shall become delinquent as follows:

            1/5th fifty days after date of this Resolution

            1/5th one year after date of this Resolution

            1/5th two years after date of this Resolution

            1/5th three years after date of this Resolution

            1/5th four years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of seven per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

            PASSED AND APPROVED THIS 9TH DAY OF MAY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

BOARD OF EQUALIZATION FOR WATER AND SEWER CONNECTION IMPROVEMENTS

 

Council member Lear vacated his chair and abstained from voting on this matter for the reason he is the conservator for one of the property owners.

 

Mayor Hadley opened the public hearing for the Council to meet as the Board of Equalization to determine a connection fee in the amount of special benefits accruing to the property in the districts which fee shall be paid to the City at the time such property becomes connected to the water and/or sewer line Water Connection District No. 2004-1 for 20th Street from Avenue M east to Avenue O; Water Connection District No. 2004-2A for Avenue N from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove Addition; Water Connection District No. 2004-3A for Avenue O from 20th Street north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition; Water Connection District No. 2004-4 for Avenue D from 11th Street north to 13th Street; 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; Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street; Sewer Connection District No. 2004-1 in a sanitary sewer easement in 18th Street, if extended, to Avenue O, Sewer Connection District No. 2004-2A for Avenue O from 18th Street, if extended, north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition; Sewer Connection District No. 2004-3 for 20th Street from Avenue M east to Avenue O; Sewer Connection District No. 2004-4A for Avenue N from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove Addition; Sewer Connection District No. 2004-5 for 21st Street from Avenue M east to Avenue N; Sewer Connection District No. 2004-6 for 22nd Street from Avenue M east to Avenue N; Sewer Connection District No. 2004-7 for Avenue D from 11th Street north to 13th Street and to consider approval of Resolution No. 2006-65.

 

Connection fees for water and sewer connection districts are not levied as liens or assessments against the benefited property whereby annual payments that accumulate interest are due.  Rather, the connection fees are approved by the City Council at a Board of Equalization then filed at the Buffalo County Register of Deeds Office so that future owners are aware that connection fees will be collected when the property connects to City water and/or sewer.

 

The connection fees for the Water and Sewer Connection Districts have been calculated according to City policy.  The policy calls for the cost of an 8 inch diameter pipe to be charged to the abutting or benefited properties.  The City pays for larger diameter pipe in excess of 8 inches, fire hydrants, valves, and pipefittings, etc.

 

Miller & Associates, the City’s engineer for the project, prepared a spread sheet summarizing each item of work in the contract and calculated the assessable and general obligation costs for each project or district.  The City staff then calculates the connection fee for the benefited property by dividing the assessable cost among the total footage of benefited property within the district.  Then an abstractor researched the owners and mortgage holders of the property within the districts and those owners and mortgage holders have been notified about the meeting of the Board of Equalization for the purpose of establishing connection fees for the districts.

 

Certified notification was made to all property owners and interested parties at least ten days (April 28) prior to the Board of Equalization.

 

In order to satisfy state law, when connection districts are completed, the City Council must act as a Board of Equalization to determine a connection fee in the amount of special benefits accruing to the property.

 

The water and sewer connection districts for which the connection fees are being considered were included in the budget, the contract was awarded by the City Council and payments to the contractor were approved by City Council after being recommended for payment by the City’s consulting engineer.  The cost to construct the water and sewer connection districts were paid periodically as the project progressed.

 

The City will recoup the costs associated with the construction of the water and sewer mains in said Districts when the property pays a connection fee at the time they are connected to the water and/or sewer lines.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing as the Board of Equalization and to determine a connection fee in the amount of special benefits accruing to the property in the districts which fee shall be paid to the City at the time such property becomes connected to the water and/or sewer line Water Connection District No. 2004-1 for 20th Street from Avenue M east to Avenue O; Water Connection District No. 2004-2A for Avenue N from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove Addition; Water Connection District No. 2004-3A for Avenue O from 20th Street north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition; Water Connection District No. 2004-4 for Avenue D from 11th Street north to 13th Street; 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; Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street; Sewer Connection District No. 2004-1 in a sanitary sewer easement in 18th Street, if extended, to Avenue O, Sewer Connection District No. 2004-2A for Avenue O from 18th Street, if extended, north to the north line of Lot 9, Block 6, Whiteaker’s Grove Addition; Sewer Connection District No. 2004-3 for 20th Street from Avenue M east to Avenue O; Sewer Connection District No. 2004-4A for Avenue N from 20th Street north to the north line of Lot 11, Block 7, Whiteaker’s Grove Addition; Sewer Connection District No. 2004-5 for 21st Street from Avenue M east to Avenue N; Sewer Connection District No. 2004-6 for 22nd Street from Avenue M east to Avenue N; Sewer Connection District No. 2004-7 for Avenue D from 11th Street north to 13th Street and approve Resolution No. 2006-65. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Clouse. Nay: None. Lear abstained. Motion carried.

 

RESOLUTION NO. 2006-65

 

            WHEREAS, on the 13th day of July, 2004, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 7083 creating Sewer Connection District No. 2004-1, the said sewer main has been constructed in said Sewer Connection District No. 2004-1 and the costs thereof have been reported to the City Council; and

            WHEREAS, on the 10th day of August, 2004, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 7101 creating Sewer Connection District No. 2004-2A, the said sewer main has been constructed in said Sewer Connection District No. 2004-2A and the costs thereof have been reported to the City Council; and

            WHEREAS, on the 13th day of July, 2004, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 7085 creating Sewer Connection District No. 2004-3, the said sewer main has been constructed in said Sewer Connection District No. 2004-3 and the costs thereof have been reported to the City Council; and

            WHEREAS, on the 10th day of August, 2004, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 7102 creating Sewer Connection District No. 2004-4A, the said sewer main has been constructed in said Sewer Connection District No. 2004-4A and the costs thereof have been reported to the City Council; and

            WHEREAS, on the 13th day of July, 2004, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 7087 creating Sewer Connection District No. 2004-5, the said sewer main has been constructed in said Sewer Connection District No. 2004-5 and the costs thereof have been reported to the City Council; and

            WHEREAS, on the 13th day of July, 2004, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 7088 creating Sewer Connection District No. 2004-6, the said sewer main has been constructed in said Sewer Connection District No. 2004-6 and the costs thereof have been reported to the City Council; and

            WHEREAS, on the 13th day of July, 2004, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 7089 creating Sewer Connection District No. 2004-7, the said sewer main has been constructed in said Sewer Connection District No. 2004-7 and the costs thereof have been reported to the City Council; and

            WHEREAS, on the 13th day of July, 2004, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 7071 creating Water Connection District No. 2004-1, the said water main has been constructed in said Water Connection District No. 2004-1 and the costs thereof have been reported to the City Council; and

            WHEREAS, on the 10th day of August, 2004, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 7099 creating Water Connection District No. 2004-2A, the said water main has been constructed in said Water Connection District No. 2004-2A and the costs thereof have been reported to the City Council; and

            WHEREAS, on the 10th day of August, 2004, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 7100 creating Water Connection District No. 2004-3A, the said water main has been constructed in said Water Connection District No. 2004-3A and the costs thereof have been reported to the City Council; and

            WHEREAS, on the 13th day of July, 2004, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 7082 creating Water Connection District No. 2004-4, the said water main has been constructed in said Water Connection District No. 2004-4 and the costs thereof have been reported to the City Council; and

            WHEREAS, on the 8th day of February, 2005, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 7145 creating Water Connection District No. 2005-1, the said water main has been constructed in said Water Connection District No. 2005-1 and the costs thereof have been reported to the City Council; and

            WHEREAS, on the 8th day of February, 2005, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 7146 creating Water Connection District No. 2005-2, the said water main has been constructed in said Water Connection District No. 2005-2 and the costs thereof have been reported to the City Council; and

            WHEREAS, on the 8th day of February, 2005, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 7147 creating Water Connection District No. 2005-3, the said water main has been constructed in said Water Connection District No. 2005-3 and the costs thereof have been reported to the City Council; and

            WHEREAS, the City Council, sitting as a Board of Equalization, has determined the benefits to abutting property in the Districts to be shown on an Assessment Schedule, marked Exhibit “A”, attached hereto and made a part hereof; and

            WHEREAS, Nebraska Revised Statues Section 16-6,103 provides that the special benefits determined by the Board of Equalization shall not be levied as special assessments against the property within the District, but shall be certified to the Register of Deeds of the County.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the benefits to abutting property in Sewer Connection District Nos. 2004-1, 2004-2A, 2004-3, 2004-4A, 2004-5, 2004-6, 2004-7; and Water Connection District Nos. 2004-1, 2004-2A, 2004-3A, 2004-4, 2005-1, 2005-2, 2005-3 are as found and determined by the Council, sitting as a Board of Equalization, as shown and set forth on Exhibit “A” attached hereto and made a part hereof.

            BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to file a certified copy of this Resolution in the Office of the Buffalo County Register of Deeds.

            BE IT FURTHER RESOLVED that a connection fee equal to the amount of the benefit accruing to the property as set by the benefit schedule (Exhibit “A”) shall be paid to the City at the time the respective properties are connected to the water and/or sewer mains constructed in Sewer Connection District Nos. 2004-1, 2004-2A, 2004-3, 2004-4A, 2004-5, 2004-6, 2004-7; and Water Connection District Nos. 2004-1, 2004-2A, 2004-3A, 2004-4, 2005-1, 2005-2, 2005-3 and that no property thus benefited by said main improvements shall be connected to the main until said connection fee is paid.

            BE IT FURTHER RESOLVED that upon payment by abutting owners of the connection fee, the City shall notify the Buffalo County Register of Deeds that the individual connection fees have been paid and satisfied.

PASSED AND APPROVED THIS 9TH DAY OF MAY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

            AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

ENGINEERING REPORT ON THE NORTHWEST WELLFIELD PROJECT

 

Mayor Hadley opened the public hearing on the Engineering Report for construction of the northwest well field, transmission main and water conditioning building as required by the Nebraska Department of Environmental Quality to discuss the proposed project and the potential impact to the existing water rates and to consider approval of Resolution No. 2006-66.

 

Kirk Stocker, Director of Utilities presented this matter to the Council. At the March 28, 2006 Council meeting the Council accepted the warranty deed for the second tract of land required for the Northwest Well Field.  At the February 28, 2006 Council meeting, the Council approved an engineering agreement with Miller & Associates Consulting Engineers for design and construction services for the Northwest Well Field project.  Also, at the February 28, 2006 Council meeting, the Council approved a Water/Wastewater Pre-application for State and/or Federal funding for the Northwest Well Field project.

 

The purpose of this public hearing is to fulfill the requirements so that the State of Nebraska Department of Environmental Quality can issue a Finding of No Significant Impact (FONSI) for the project.  After the FONSI is issued, the Council will have the opportunity to consider a Loan Agreement with the State at a June Council meeting for the Northwest Well Field Financing.

 

The Northwest Well Field improvements are expected to cost approximately $8,176,000. A recently completed rate study suggests that generally a 4% annual increase for water use fees each year for the next five-year period is required in order to construct the well field, other capital improvement projects, to perform ongoing water system operation and maintenance and debt service.

 

Chris Miller from Miller & Associates made a presentation to the Council. He stated there are 5 basic topics: product development, site selection, future mile stones, cost and user rate impacts, and summary of the project.  This project was initiated in 1997 with the completion of a water facility master plan.  In that master plan, the study identified the necessity of a northwest well field.  This necessity came about due to backup of water supply, vulnerability of the existing water supply and improved public safety for the north portion of Kearney.  In 1999, the Council took the first action by authorizing a water rate increase to begin funding for this project.  In 2000, Council followed up by approving a review of where to look for potential sites.  In 2001, property owners began to be contacted and the paper study developed into a real study by using test holes. 

 

The evaluation and identification of sites continued between 2001 and 2005. In 2005, permitting on the local level with a public hearing at the Central Platte NRD began where they asked for construction permits for nine wells on a selected site.  In February 2006, City Council acquired the property and authorized design to begin on this project.  They went to the state permitting immediately following that authorization where they applied for a rural and domestic ground water transfer permit.  They also conducted a Nebraska Department of Health and Human Services well site inspection, which was approved. 

 

From 2001 to 2005, they narrowed into an area and selected it as the site.  There were several parameters to evaluate these sites.  Some of the parameters were land use, residential development, geologic properties which included hydro-geologic properties testing how they perform when pumped or stressed and ground water levels.  They also looked at land owner cooperation on large tracts of land because they wanted to deal with large land owners rather than several smaller tracts.  Cost to construct the well field was also a factor. 

 

During that 4 year-period, they drilled 25 test holes in order to select the site.  They purchased approximately 800 acres of land, six miles west of the intersection of 30th Avenue and 56th Street where they will place nine wells and the chemical conditioning facility.  There will be two wells per quarter section determined by test pumping data and the wells cannot be placed in valleys or streams because they would not be operationally beneficial to the City of Kearney.   The transmission rail will come in on 56th Street to the intersection of 30th Avenue and 56th Street which will be the water supply from the well field site.  There will be two elevated facilities, one is two million gallon water on the high pressure site and the other is a 1.5 million gallon on the high pressure site. 

 

They will also have water storage on the low pressure site because it is a dual system.  The current well field site in southeast Kearney is called the Platte River Well Field.  With this connection they are hoping to implement a one pressure system so they can supply from both the south and the north system and not have the dual pressure zones. At this time, the infrastructure is built to 30th Avenue and 56th Street.   

 

For future mile stones, they are at the point that in August of 2006 they intend to construct the wells, followed by final water quality for Department of Health approval and test pumping for the final quantity of withdrawal from each well.  In 2007, they will bid the transmission main, finish completion of the well houses and the project and bring in the power line.  The projected completion date is October of 2007.   Requirements of the SRF program are cost and user impacts.  The projected cost is $9.8 million including land and construction costs.  The last water rate increase was in 2001, and the rate study of 2005 indicated that an increase of 4 percent would cover the well field as long as the additional capital improvements for the City projects, debt service and water operation and maintenance continue.  

 

In summary, the project has been in development since 1997.  It was initiated due to the adoption of the Comprehensive Water System Plan.  Development of the northwest well field is necessary to insure future water availability, enhance public safety and meet existing and future demands.  The City Council on behalf of 29,000 citizens has insured adequate and reliable water for the citizens of Kearney and future growth.

 

Tom Fuenning from the Nebraska Department of Environmental Quality addressed the Council. They look at funding a project through the State Revolving Fund.  He presented a packet with the DWSRF information which is summary of the program showing what is eligible and how it is funded through federal dollars through EPA.  He also included an amortization schedule for the 15-20-30 year term.  The 15 year term is their program minimum at this point at a rate of 4 percent.  The funds are currently available and the City is listed in their intended use plan and they are in the period where they can fund this if they receive a commitment by June 30, 2006.  They will take all the information that Chris Miller has and summarize it and put it into a loan commitment environmental statement called a “Finding of No Significant Impact”.  Mr. Fuenning has already received comments from the other agencies.  Fish & Wildlife was the one they were primarily concerned about but Mr. Miller has resolved that issue.  They will compile that statement and make the loan commitment to the City.  There is a 30-day public comment period once the paperwork is signed by their director. Once that 30 days has expired, then they can enter into the loan agreement.   The City of Kearney has had loans with their agency in the past.  They require a bond ordinance as they go through the process.   

 

Council member Clouse asked if there were any other agencies that could present a major issue or problem to this project.  Mr. Fuenning responded not to his knowledge and once the waiting period has passed, the City would be authorized for the full amount of this loan.  Mr. Fuenning stated that the application at this time is for $8 million on the amortization schedule.  The City provided funding for the land.   Director of Finance Wendell Wessels stated that they always look at the traditional revenue bonds or the SRF and will take whichever one has the better rate, which this does.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and accept the Engineering Report for construction of the northwest well field, transmission main and water conditioning building as required by the Nebraska Department of Environmental Quality to discuss the proposed project and the potential impact to the existing water rates and approve Resolution No. 2006-66. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-66

 

            WHEREAS, on February 28, 2006 the City Council approved the engineering agreement with Miller & Associates for the design and construction services for the Northwest Wellfield project; and

            WHEREAS, on February 28, 2006 the City Council approved the Water/ Wastewater Preapplication for State and/or Federal Assistance for the Northwest Well Field, transmission main and water conditioning building; and

            WHEREAS, a public hearing was held to discuss the proposed project and the potential impact to the existing water rates for the City of Kearney and to receive any public comment from the citizens.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the public hearing was held as required by law and that Administration is hereby authorized and directed to apply for a loan from the State Revolving Fund for the Northwest Wellfield project.

            PASSED AND APPROVED THIS 9TH DAY OF MAY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

CDBG – NEBRASKA FIREFIGHTERS MUSEUM AND EDUCATIONAL CENTER

 

Mayor Hadley opened the public hearing on the application to the Department of Economic Development for a Community Development Block Grant in the amount of $200,000 for the construction of the Nebraska Firefighters Museum and Educational Center and to consider approval of Resolution No. 2006-67.

 

Amber Brown, Assistant to the City Manager, presented this matter to the Council. The purpose of this public hearing is to receive public input on the grant application to be submitted by the City of Kearney on behalf of the Nebraska Fire Museum Foundation.  The application will be made to the Nebraska Department of Economic Development for a Community Development Block Grant in the category of Tourism and Development.  If the City agrees to serve as a sponsor for the Nebraska Fire Museum Foundation application, CDBG funds will be available to them that would not have been otherwise.

 

The City of Kearney, Nebraska is requesting $200,000 for the construction and operation of the Nebraska Firefighters Museum and Education Center to be located near Kearney. Ninety thousand dollars ($90,000) is for the removal of architectural barriers in the existing buildings, $100,000 is for the employment of persons of low and moderate income and $10,000 is for the general administration of the grant. The total first year cost of the project is $3,899,796 of which $200,000 will be CDBG funds and the Nebraska Fire Museum Foundation will finance the remaining. This project will benefit at least 51% low to moderate income individuals. There will be no persons displaced as a result of these CDBG activities.

 

The City of Kearney shall not be responsible for providing any cash matching funds for general administration.  These funds must be paid solely and only by the Nebraska Fire Museum Foundation.  There will be not additional cash match or contribution from the City for any items in the CDBG grant.  The Firefighters Museum will be located in the old Interstate Structures building which is within the City of Kearney’s 2 mile jurisdiction.

 

Doralene Weed, member of the Fire Fighter’s Foundation, stated that their presentation to the Council last year was premature.  Mr. Lee Hause, their director of fund development and Lloyd Castner and his associate accompanied Ms. Weed to the meeting.  They are now into their capital campaign.  She believes that when this project is completed it will be one of the premier attractions of the State of Nebraska.  This museum will honor the firefighters, it will be a place to preserve some priceless antique apparatus and most importantly it will provide an education center in the world of fire prevention.  She believed the potential of this museum is unlimited and Kearney is fortunate to have it located near Kearney.   

 

Rick Zubrod from Kirkham/Michael Consulting Engineers has been working on this project.  He wanted to point out a couple of technical corrections.  The Public Hearing Notice that was in the paper advertising this hearing indicated that there was an approximately $3.9 million project based on the estimate at that time.  After that appeared in the paper, they noticed that there were a couple of furniture and equipment items in the budget twice.  The application that has been on file with the City for the past ten days shows a $3.75 million total project.  That total project includes funds for the reconstruction of those buildings and the acquisition that has already taken place and exhibits, furniture and equipment and the first year’s operation.  The actual application focuses on the construction.  There is a $1.9 million budget that it focuses on and the $200,000 in block grant is now $82,000 for handicapped accessibility, removal of architectural barriers, $105,000 for general improvements to the building.  This will meet the national objective of this program by providing two of the three jobs that will be created by lower income persons.  There are also funds for the City to hire a general administrator to oversee the project as it is implemented and work with the Foundation to get things constructed.

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the application to the Department of Economic Development for a Community Development Block Grant in the amount of $200,000 for the construction of the Nebraska Firefighters Museum and Educational Center and approve Resolution No. 2006-67. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-67

 

            WHEREAS, the City of Kearney, Nebraska is an eligible unit of a general local government authorized to file an application under the Housing and Community Development Act of 1974 as amended for Small Cities Community Development Block Grant Program; and

            WHEREAS, the City of Kearney, Nebraska has obtained its citizens’ comments on community development housing needs; and has conducted a public hearing upon the proposed application and received favorable public comment respecting the application which for an amount of $200,000 for the construction of the Nebraska Firefighters Museum and Educational Center.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Mayor be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Kearney and the Nebraska Department of Economic Development so as to affect acceptance of the grant application.

            PASSED AND APPROVED THIS 9TH DAY OF MAY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

CDBG – MERRYMAN PERFORMING ARTS CENTER

 

Mayor Hadley opened the public hearing on the application to the Department of Economic Development for a Community Development Block Grant in the amount of $77,000 for the purchase of theatrical lighting and stage rigging systems for the Merryman Performing Arts Center and to consider approval of Resolution No. 2006-68.

 

Amber Brown, Assistant to the City Manager presented this matter to the Council. The purpose of this public hearing is to receive public input on the grant application to be submitted by the City of Kearney on behalf of the Merryman Performing Arts Center (MPAC).  The application will be made to the Nebraska Department of Economic Development for a Community Development Block Grant in the category of Tourism and Development.  If the City agrees to serve as a sponsor for the MPAC application, CDBG funds will be available to them that would not have been otherwise.

 

The City is requesting $77,000 for the purchase of theatrical lighting and stage rigging systems for the MPAC and general grant administration. The total expected cost of these systems is to be at least $492,000 based on an estimate received from a theatrical equipment supplier. The request of $77,000 is matched in two parts by private funds and in-kind contributions: $20,000 from the Curtis Family Trust, and $2.9 million in an in-kind contribution in the cost of MPAC facilities and grant administration. These funds will benefit low- and moderate-income individuals through increased exposure to the performing arts—which studies have shown to increase educational achievement. We do not foresee any displacement of people as MPAC is being constructed and its programs will take place within an existing public elementary school.

 

The City of Kearney shall not be responsible for providing any cash matching funds for general administration.  These funds must be paid solely and only by the Merryman Performing Arts Center.  There will be not additional cash match or contribution from the City for any items in the CDBG grant.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the application to the Department of Economic Development for a Community Development Block Grant in the amount of $77,000 for the purchase of theatrical lighting and stage rigging systems for the Merryman Performing Arts Center and approve Resolution No. 2006-68. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-68

 

            WHEREAS, the City of Kearney, Nebraska is an eligible unit of a general local government authorized to file an application under the Housing and Community Development Act of 1974 as amended for Small Cities Community Development Block Grant Program; and

            WHEREAS, the City of Kearney, Nebraska has obtained its citizens’ comments on community development housing needs; and has conducted a public hearing upon the proposed application and received favorable public comment respecting the application which for an amount of $77,000 for the purchase of theatrical lighting and stage rigging systems for the Merryman Performing Arts Center.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Mayor be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Kearney and the Nebraska Department of Economic Development so as to affect acceptance of the grant application.

            PASSED AND APPROVED THIS 9TH DAY OF MAY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

IV.    CONSENT  AGENDA

 

Moved by Hadley seconded by Kearney that Subsections 1 through 10 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held April 25, 2006 Minutes of Council Retreat held on April 25, 2006.

 

2.         Approve the following Claims: AT&T $105.57 smcs; Adamson,B $98.32 smcs; AFLAC $2,207.10 ps; Alamar $430.00 ps; Alltel $1,052.05 smcs; Almquist,R $180.00 smcs; Artic Refrigeration $346.13 smcs; B-4 $28.75 smcs; Baker & Taylor $5,604.68 smcs; BBC Audiobooks $14.50 smcs; Beckenhauer,T $141.50 smcs; Bennett,T $1,151.25 smcs; Big Flag Farm $82.80 smcs; Bishop,D $4.68 smcs; Bluecross Blueshield $24,458.27 smcs; Bob's Super Store $10.99 smcs; Bosselman $18,825.80 smcs; Bowman,R $41.00 smcs; Brodart $291.29 smcs; Buffalo Co Redi-Mix $234.00 smcs; Buffalo Co Treasurer $15.00 co; Builders Warehouse $621.91 smcs,co; Carlow,L $42.34 smcs; CBA Lighting $997.98 smcs; Central District Health Dept $2,464.00 smcs; Central Fire $87.25 smcs; CHAD $24.00 ps; Charter Paging $22.46 smcs; Chesterman $170.50 smcs; Christensen,D $54.00 smcs; CIT Group $2,173.64 smcs; City of Ky $199,628.82 smcs,ps; City of Salina $951.66 ps; College Savings Plan of NE $50.00 ps; Comfy Bowl $50.00 smcs; Command Concepts $260.00 smcs; Concrete Workers $8,650.00 co; Conseco Life Insurance $29.00 ps; Copycat Printing $75.80 smcs; Cordova,T $592.75 smcs; Crocker Monogramming $157.50 smcs; Crossroads Ford $184.18 smcs; Crouch/Churchich $7,425.00 co; Culligan $15.50 smcs; Cummins $181.63 co; Demco $90.71 smcs; Deyle,D $60.26 smcs; DPC Industries $5,164.70 smcs; Eakes $5,172.78 smcs,co; Ecolab $29.00 smcs; Eickhoff,B $43.00 ps; Eirich,T $50.00 smcs; Elliott,J $225.00 smcs; Engels,D $1,225.30 smcs; Enslow Publishers $95.80 smcs; Express Distributing $97.50 smcs; Eynetich,P $3.50 smcs; Fairbanks $10,000.00 co; Farmers Union Co-op $26.00 smcs; Faz,A $118.00 smcs; Fiddelke $308.34 smcs; Flynn,B $211.50 smcs; Footjoy $544.87 smcs; Frontier $255.26 smcs; Galls $409.47 smcs,co; Gangwish Turf $152.68 co; Garcia-Oriz,P $5.80 smcs; Guideposts $16.94 smcs; H&H Distributing $1,140.34 smcs; Harris Ferris Company $520.00 co; Harshbarger,K $23.40 smcs; HDR Engineering $2,223.96 smcs; Holiday $63.59 smcs; Hometown Leasing $248.23 smcs; ICMA RC $2,593.13 ps; Information Publications $76.00 smcs; IRS $87,173.03 ps; Int'l Code Council $100.00 smcs; Johnson,S $50.00 smcs; Joint Center on Violence $1,350.00 smcs; Ky Area United Way $496.24 ps; Keaschall,J $10.00 smcs; Koetters,J $241.50 smcs; Kossman,K $100.00 smcs; Krepel,J $476.00 smcs; Lang,L $60.00 smcs; Laughlin,K $360.00 ps; Luke,D $226.90 smcs; Magic Cleaning $850.00 smcs; Mail Express $2,772.90 smcs; Mattley Advertising $388.70 smcs; May,J $247.50 smcs; May,M $88.78 smcs; McLaughlin,P $46.80 smcs; Meteorlogix $1,863.00 smcs; Metlife $4,137.82 ps; Mid America Pay Phones $100.00 smcs; Midlands Contracting $1,453.44 co; Municipal Pipe Services $7,016.48 smcs; Municipal Supply $631.04 smcs; NWWA $7,930.70 smcs; NE Child Support $1,993.68 ps; NE Dept of Revenue $27,524.34 ps; NE Fire Chiefs Assn $60.00 smcs; NE Machinery $3,147.55 smcs,ds; NE Planning and Zoning $620.00 smcs; NE Women's Amateur Golf $25.00 smcs; NEland Distributors $580.90 smcs; Nickman,C $3.29 smcs; Nordhues,B $26.95 smcs; Northstar Audio Books $8.00 smcs; Northwestern Energy $2,529.00 smcs; Nuttelman Fencing $11,088.00 co; Office Depot $195.35 smcs; On-Site Mobile Sharpening $62.83 smcs; Overhead Door $3,804.00 smcs,co; Paramount $18.00 smcs; Paul A. Otto Curb Grinding $90.00 co; Paulsen $206,352.32 smcs,co; Payflex Systems $412.25 smcs,ps; Payne,B $398.60 smcs; Pep $51.10 smcs; Pfeiffer,D $198.00 smcs; Power Plan $150.49 smcs; Presto-X $129.00 smcs; Random House $1,281.60 smcs; Recorded Books $102.45 smcs; Regional Books $32.38 smcs; Research Technology $204.95 smcs; Reserve Account $8,000.00 smcs; Rizer Heating  $75.00 smcs; Safeway Sign $2,748.80 smcs; Sampson Construction $71,346.00 co; Schake Construction $10.60 smcs; Schmidt,D $15.91 smcs; Schmit,A $18.43 smcs; Schriner,S $31.25 smcs; See Clear Cleaning $1,900.00 smcs; Sherwin Williams $10,516.70 smcs; Showcases $74.30 smcs; Snap-On Tools $453.90 smcs; Softchoice $3,371.67 co; Solid Waste Agency $65,469.65 smcs; State of NE HHS Lab $75.00 smcs; State of NE/DAS $19.01 smcs; Streicher's $545.25 smcs; Suchsland,T $24.95 smcs; Super Seer $273.88 smcs; Swanson Corp $888.36 smcs; Swanson,R $9.05 smcs; Sydow,J $40.00 smcs; Thome,B $23.12 smcs; Thull,J $7.45 smcs; Titelist $1,159.31 smcs; Tool Doctor $27.50 smcs; Tye & Rademacher $8,620.02 smcs; US Postmaster $480.00 smcs; Underground Construction $680.25 co; Unique Books $43.51 smcs; Village Uniform $130.56 smcs; Waggoner Plbg $82.42 smcs; Wald & Co $12,000.00 smcs; We Care Tree Care $200.00 co; Wilke-Donovan's $16.00 smcs; Williams,L $5.80 smcs; Wolfe,B $218.00 smcs; Young,J $32.00 smcs; Zimmerman Printing $343.65 smcs; Payroll Ending 4-29-2006 -- $263,572.36.  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 Interlocal Agreement between the City of Kearney and the Merryman Performing Arts Center concerning the Community Development Block Grant and approve Resolution No. 2005-69. (Pertains to Public Hearing 16)

 

RESOLUTION NO. 2006-69

 

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

            PASSED AND APPROVED THIS 9TH DAY OF MAY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

4.         Approve the recommendation from Administration on accepting the water and sanitary sewer that serves Lot 6, Block 4, Grandview Estates Addition to the City of Kearney, Buffalo County, Nebraska (3910 Avenue R) as constructed in accordance with the terms of the Developer Constructed Infrastructure Agreement and approve Resolution No. 2006-70.

 

RESOLUTION NO. 2006-70

 

            WHEREAS, on the 10th day of May, 2005, the President and Council of the City of Kearney, Nebraska passed and approved Resolution No. 2005-71 authorizing the President of the Council to execute the Developer Constructed Infrastructure Agreement between the City of Kearney and Milan Timm for the installation of public improvements for Lot 6 of Block 4, Grandview Estates Addition to the City of Kearney, Buffalo County, Nebraska; and

            WHEREAS, the Developer has constructed the public improvements which include water and sanitary sewer 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, by and through its attorney, 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 which include water and sanitary sewer for Lot 6 of Block 4, Grandview Estates Addition to the City of Kearney, Buffalo County, Nebraska have been constructed in accordance with Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney and that the said public improvements be and are hereby accepted.

            PASSED AND APPROVED THIS 9TH DAY OF MAY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

5.         Approve the Developer Constructed Infrastructure Agreement with W & S Investments LLC to construct a sanitary sewer main to serve Lot 3 of Block 1, except the south 245 feet thereof, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (Parklane Drive north of 52nd Street) and approve Resolution No. 2006-71.

 

RESOLUTION NO. 2006-71

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” for W & S Investments L.L.C., a Nebraska Limited Liability Company for Lot 3 of Block 1, except the south 245 feet thereof, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (Parklane Drive north of 52nd Street) be and is hereby accepted and approved. A copy of said Agreement, marked as Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Brett Weis and Jeffery S. Sikes to construct public improvements which includes a sanitary sewer main.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 9TH DAY OF MAY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

6.         Approve the application for a Special Designated License submitted by DOUGLAS HOOS, dba "Tub's Pub" in connection with their Class CK282 liquor license to dispense beer, wine and distilled spirits in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N, on June 3, 2006 from 3:00 p.m. until 1:00 a.m. for a wedding reception and dance.

 

7.         Approve the application for a Special Designated License submitted by EXPRESSIONS CATERING, INC., dba “Paradise Cove” in connection with their Class CK58433 liquor license to dispense beer, wine and distilled spirits in the Extension Building located at the Buffalo County Fairgrounds, 1400 East 34th Street, on May 27, 2006 from 3:00 p.m. until 1:00 a.m. for a wedding dance and reception.

 

8.         Approve the bids received for the construction of the 2006 Part I Improvements, Phase I consisting of Paving Improvement District No. 2006-908 for 39th Street from 2nd Avenue west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2006-72 awarding the bid to Blessing, LLC in the amount of $746,693.00.

 

RESOLUTION NO. 2006-72

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on May 2, 2006, at 2:00 p.m. for the 2006 Part I Improvements, Phase I consisting of Paving Improvement District No. 2006-908 for 39th Street from 2nd Avenue west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $697,440.00; and

WHEREAS, the said engineers have recommended the bid offered by Blessing, LLC of Kearney, Nebraska in the sum of $746,693.00 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 Engineers recommendation is hereby accepted and approved, that Blessing, LLC of Kearney, Nebraska be and is the lowest responsible bidder for the 2006 Part I Improvements, Phase I consisting of Paving Improvement District No. 2006-908 for 39th Street from 2nd Avenue west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition, to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Blessing, LLC of Kearney, Nebraska in the sum of $746,693.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2006 Part I Improvements, Phase I consisting of Paving Improvement District No. 2006-908 for 39th Street from 2nd Avenue west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition in the amount of $697,440.00 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 9TH DAY OF MAY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

9.         Approve the application for a Special Designated License submitted by JUAN LAZO, dba “El Tropico” in connection with their Class “IB37623” Liquor License to dispense beer and distilled spirits in the Exhibit Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on June 3, 2006 from 6:00 p.m. until 1:00 a.m. for a Mexican dance subject to the City receiving the required Certificate of Insurance.

 

10.        Accept the engineering report on the placement of a four-way stop sign located at the intersection of 29th Street and 5th Avenue and approve Resolution No. 2006-73.

 

RESOLUTION NO. 2006-73

 

            WHEREAS, the intersection of 29th Street and 5th Avenue is considered to be a very active intersection; and

            WHEREAS, an engineering study has been performed on the intersection of 29th Street and 5th Avenue over the past several years to determine if it warrants the installation of a traffic signal; and

            WHEREAS, the engineering study determined it did not warrant a traffic signal; however the need for a 4-way stop at this intersection was warranted.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that in the interest of public safety and efficient traffic flow within the area, a 4-way stop sign be and is hereby ordered to be placed to regulate the traffic at this intersection.

            BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to erect the necessary and proper sign.

            PASSED AND APPROVED THIS 9TH DAY OF MAY, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7255 – AMEND SECTION 8-804; SPEED LIMITS

 

As part of Phase II of the City of Kearney’s Transportation Plan Update prepared by Olsson Associates, the current speed limits were evaluated on the major roadways throughout the City.  The purpose of the study was to collect data and recommend modifications to existing speed limits where warranted.  Recommendations regarding changes to sixteen speed limit zones have been identified.   

 

Olsson Associates has performed a citywide speed limit study and have recommended revisions to speed limits in fourteen zones.  Twelve of the zones are under the City of Kearney’s jurisdiction and should to be considered by Council.  These recommendations are as follows:

 

1)             11th Street from Central Avenue to 9th Avenue pending completion of the 11th Street project – increase to 35 mph.

2)             30th Avenue between 18th Street to 800’ north of 24th Street – set at 35 mph.

3)             30th Avenue from 800’ north of 24th Street to 39th Street – set at 45 mph.

4)             30th Avenue from 39th Street to the City limits – set at 50 mph.

5)             17th Avenue from 39th Street to 48th Street – increase to 40 mph.

6)             Avenue N from 27th Street north to City limits – increase to 40 mph.

7)             39th Street from Avenue N east to City limits (if stop sign at the railroad crossing is removed) – increase to 40 mph.

8)             39th Street from 17th Avenue to 30th Avenue – increase to 40 mph.

9)             Avenue E from 48th Street to 56th Street – increase to 30 mph.

10)         48th Street from 2nd Avenue to 6th Avenue – set at 35 mph.

11)         Railroad Street west of the bike path crossing to 30th Avenue – increase to 45 mph.

12)         1st Street East (Archway Parkway) from Central Avenue to the Archway increase to 40 mph except that portion at Avenue M which is currently posted 25 mph should remain 25 mph.

 

There are two zones that are currently under Buffalo County jurisdiction and staff has requested the Buffalo County Highway Department to consider this study and its recommendations.  These include 11th Street from Kea West Road to 30th Avenue – increase to 50 mph, and on 30th Avenue from north City limits to 56th Street – increase to 50 mph.

 

Two of the zones are located on state highways and after reviewing this study and conducting its own study the Nebraska Department of Roads has made revisions to both these zones.  These revisions were brought in front of the Council in the December 27, 2005 meeting.

 

Council member Lear stated that there were a number of changes going on as highlighted in the May 9th Kearney Hub article.  Although he has had some concerns expressed about these, he stated that the Council will keep these under review and make changes as necessary in the future. 

 

Council Member Kearney introduced Ordinance No. 7255, being Subsection 1 of Agenda Item V to amend Section 8-804 “Specific Limits” of Article 8 “Speed Limitations” of Chapter 8 “Police” of the Code of the City of Kearney to adjust the speed limit on portions of the following streets: 30th Avenue, 17th Avenue, Avenue N, 39th Street, 11th Street, Avenue E, 48th Street, Railroad Street, and 1st Street East, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, 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. 7255 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7255 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, 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. 7255 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7251 – REZONING AT 1790 ANTELOPE AVENUE (PERTAINS TO PUBLIC HEARING 2)

 

Moved by Lear seconded by Buschkoetter to remove from the table Ordinance No. 7251. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

Council Member Buschkoetter introduced Ordinance No. 7251, being Subsection 1 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District RR-2, Rural Residential District (Intermediate Standards)” property described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 1.72 acres, more or less, Buffalo County, Nebraska (1790 Antelope Avenue), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Hadley 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. 7251 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 Hadley seconded by Kearney that Ordinance No. 7251 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. 7251 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7256 – CONDITIONAL USE PERMIT FOR SUBWAY, 1308 WEST 24TH STREET (PERTAINS TO PUBLIC HEARING 4)

 

Mayor Hadley stated that the City received a letter today from the applicant requesting this matter be tabled until June 13, 2006.

 

Moved by Kearney seconded by Clouse to table until June 13, 2006 Ordinance No. 7256 granting a Conditional Use Permit to Jeffrey Overturf for PABO, LLC (Applicant) and Bob Wilson (Owner) to construct a building for a restaurant with a drive-thru on property zoned “District UC, Mixed Use Urban Corridor District” and described as Lots 1, 2, 3 and 4, of Block 3 and the vacated north half of 23rd Street lying adjacent to said Lots 2 and Lot 3 of Block 3; and the vacated south half of 23rd Street lying immediately north of and abutting on the north line of Lot 1 of Block 10, all in Kearney Land and Investment Company’s Second Addition to the City of Kearney, Buffalo County, Nebraska (1308 West 24th Street). Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

ORDINANCE NO. 7257 – REZONING AT 1408 EAST 39TH STREET (PERTAINS TO PUBLIC HEARING 5)

 

Council Member Clouse introduced Ordinance No. 7257, being Subsection 3 of Agenda Item VI to rezone from “District C-1, Limited Commercial District” to “District C-1/PD, Limited Commercial/Planned Development Overlay District” property described as part of Lot 2, Grandview Estates Eighth Addition, an addition to the City of Kearney, Buffalo County, Nebraska (1408 East 39th Street), 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 Lear 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. 7257 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 Lear seconded by Buschkoetter that Ordinance No. 7257 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. 7257 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7258 – REZONING 10.62 ACRES LOCATED 570 FEET WEST OF THE INTERSECTION OF SWEETWATER AVENUE AND COAL CHUTE ROAD (PERTAINS TO PUBLIC HEARING 8)

 

Moved by Buschkoetter seconded by Hadley to table until June 13, 2006 Ordinance No. 7258 rezoning from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as a tract of land being part of Government Lot 4 located in Section 33, Township 9 North, Range 15 West of the 6th P.M., containing 3.099 acres, more or less, of which 0.227 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (570 feet west of the intersection of Sweetwater Avenue and Coal Chute Road).  Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

ORDINANCE NO. 7259 – AMEND SECTION 10-207 AND SECTION 10-317 OF THE CITY CODE

 

Regular Agenda Items 5 and 6 were discussed and voted on together.

 

Wendell Wessels, Director of Finance and Administration presented this matter.  At the December 14, 2004 City Council Meeting, the City Council unanimously approved a contract with HDR Engineering, Inc. to conduct a Sanitary Sewer, Water, Sanitation Collection, and Landfill Disposal Rate Study.  Current sanitary sewer and water rates were implemented in 2001 and current sanitation collection rates were implemented in 1993.  The purpose of the Rate Studies are to develop cost-of-service rates that provide revenues sufficient to recover all current and future operating expenses, capital improvement program costs, and debt service requirements of the sanitary sewer, water, sanitation collection, and landfill disposal functions.   The proposed rates have been developed using the cash utility basis for estimating system revenue requirements, and commonly accepted cost allocation principals, and reflect a desire to implement relatively small, predictable rate adjustments over the next five years.

 

Also, in September, the Kearney Area Solid Waste Agency will consider adjusting the rates for the landfill.

 

Council member Clouse stated that he liked the “rate track” for a number of years, but he has concerns about dropping the reserves.  He does understand if the City gets in a bind in a couple of years, they can come back and revisit the rates.  He appreciated staff taking a look at this and believed they have done a good job and is workable.  He also understands that this rate increase is considerably more conservative than the consultant recommended.  He wanted the citizens to be aware that in comparison to other communities, this is more in line with where the consultant thought we should be.  Even though it is showing some increases and the City has a good “rate track”, it is still fairly conservative. 

 

Council member Lear stated that he believed that it is important to note and be aware of how much we are reducing fund balances.  There are a large range of rate increases that could have occurred that the City is offsetting by reducing those fund balances.  The City is in a great financial condition to be able to do this.  However, in a sense, the rate increases are a little “artificial” because the City is taking prior fund balances and spreading them out over the next five years.  This is an important point because it is keeping rates from going up faster than they would in a normal environment. 

 

Council member Kearney commented he would be watching to see if the fund balances match the projections to see what actually happens.  The Council gets very conservative.  The City has been considerably over in the fund balances by policies that have been established and he believed this would get balances down where they belong. 

 

Council member Clouse added that Kearney is still very competitive with other communities and that says a lot for Kearney. 

 

Mayor Hadley stated that it also shows that City staff does an excellent job with the tax payers’ money.  Even though these are not taxes, they are fees and we are treating this as if we were a business.  The City is trying to get the best for its users as far as rates and provide efficient services.

 

Council member Buschkoetter stated that it is pertinent to treat this like a business.  He did not believe that the City should supplement with tax dollars what is really a non-profit business function, but a business function nonetheless.  He wanted citizens to understand that the City is cutting into its profit margin by cutting into its reserve funds. 

 

City Manager Michael Morgan stated that he wanted to reaffirm that in sanitation for instance, the last rate increase the City had was in 1993.  Other rates have not increased since 2001.  He pointed out that the water increase represents a nickel for every 748 gallons of water which he believed was a good bargain for citizens.  Staff will be working on an implementation and notification plan for citizens with questions and answers about how this will be distributed.  They want to get this information out especially for businesses in town that will be affected economically. The implementation date is projected for October 1, 2006.  There are some improvements that some large businesses will benefit from like a new category on the reduction in the amount that waste water needs to be treated. Compacted load waste from other communities that come into Kearney will see some savings later in the solid waste rates.  They will be working on communication of the rates to the public and will get them out as soon as possible. 

 

Council Member Hadley introduced Ordinance No. 7259, being Subsection 5 of Agenda Item VI to amend Section 10-207 “Sewer Use Charges” of Article 2 “Sewers” of Chapter 10 “Utilities” of the Code of the City of Kearney to adjust the rates and use charges for property served directly or indirectly by the sanitary sewerage system of the City of Kearney accordingly for the years 2006, 2007, 2008, 2009 and 2010; and Section 10-317 “Rates and Charges” of Article 3 “Water” of Chapter 10 “Utilities” of the Code of the City of Kearney to adjust the rates and use charges for property served directly or indirectly by the water system of the City of Kearney accordingly for the years 2006, 2007, 2008, 2009 and 2010, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. 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. 7259 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Clouse that Ordinance No. 7259 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7259 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7260 – AMEND SECTION 5-212 OF THE CITY CODE

 

Council Member Hadley introduced Ordinance No. 7260, being Subsection 6 of Agenda Item VI to amend Section 5-212 “Collection Regulations; Rates and Charges” of Article 2 “Garbage and Trash” of Chapter 5 “Health and Sanitation” of the Code of the City of Kearney to adjust the schedule of charges for collection of refuse and garbage for each property served for the years 2006, 2007, 2008, 2009, 2010 accordingly, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. 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. 7260 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Clouse that Ordinance No. 7260 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7260 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.

 

POLICY ESTABLISHING GUIDELINES FOR CIP/SALES TAX

 

Mayor Hadley opened for discussion a policy establishing guidelines on the Capital Improvement Projects/Sales Tax on prioritizing and spending of the ½ cent sales tax.

 

City Manager Michael Morgan presented this matter to the Council.  Since the passage of the ½ cent sales tax, staff and Council have considered adopting guidelines of how to spend dollars received from the ½ cent special sales tax.  They believe that these guidelines are necessary to insure there is a fair system which is efficient and allows the City to plan for the future.  They want to provide adequate notice to citizens regarding prioritizing and spending of tax dollars.  Under the general guidelines, each February the Council will hold a public hearing to discuss prioritization and allocation of funds.  This will not be the only public hearing and there is one scheduled in the near future.  If there are special projects or needs throughout the year, they believe that it is appropriate to hold public hearings at those times. 

 

The City of Kearney web page will maintain a listing.  Later a sample of the fund analysis and capital funds will be provided. Suggestion cards for capital improvements will be available which is a very important feedback tool.  Signage will be posted on those large projects identifying the funding source so citizens will be reminded how their tax dollars are being spent.  General guideline interest earned for reserves set aside in this fund will remain in the special sales tax fund. 

 

As a framework, staff believed it would be helpful to provide some financial targets which could be moved or adjusted. The percentage of sales tax revenue allocated to debt service, which is forty percent, will be discussed by Council and they could choose to lower that amount.  Staff believed that was important because they have talked about funds being available on a regular basis for projects that come up.  On the other hand, they have to balance out how much of the large construction projects (specifically road improvements) that could be done by carrying it through some debt service. 

 

They would also like to establish a ten percent carryover goal, which is the target of annual sales tax collections.  We have not had this happen in Kearney, but need to keep in mind that sales tax revenues can be volatile.  

 

The proposed target spending levels for streets, sidewalks and curbs is fifty percent.  During the listening sessions over the past year, they heard a great deal of input about the condition of streets, curbs, sidewalks and ADA ramps in the community.  Spending for large facilities, such as Harmon Park Activity Center, Library, Fire Station III and other large buildings in the future, is proposed at 25 percent.  There will be a miscellaneous category. There will also be a large equipment category, for such items as road graders, large dump trucks and things that need to be purchased on a fairly annual basis one item at a time.  Fire equipment would probably be bonded through public safety anticipation bonds. 

 

There will be a target reserve of five percent for a total of 100 percent.  This would provide clear direction for Council and citizens as to what the goals are.  This also will remain very flexible.  An example of the flexibility is the prioritization of the Harmon Park Activity Center which clearly exceeds the 25 percent in building.  This plan will set some guidelines for future Councils.  One of the things that come up in a sales tax election is that ten years later, citizens will question what was agreed to or discussed.  This will give a good benchmark to look back on what was prioritized based on all the listening sessions in the past and what we will hear in the future.

 

Council member Clouse stated the spreadsheet is excellent and gives a good roadmap.  Everything that they have talked about is on the spreadsheet with the years targeted.  He is fairly conservative and would like to see the debt service at a lower number at 30 percent.  He felt uneasy about 40 percent. 

 

Council member Lear agreed with having a limitation as being important.  He did not know if there is a magic number and felt comfortable with either 30 or 40 percent as long as it is a policy that they can live within appropriately.  Having a limitation is important so they can differentiate between projects that the City needs to fund with sales taxes versus projects that could be saved for.  There is nothing that prevents saving dollars to take on a bigger project in future years rather than rushing out to build them and suddenly tie up all the sales tax dollars with bonds.  He believed this is a great step because sales tax revenues can have a fair amount of volatility depending on what the economic health is at the time.

 

Council member Buschkoetter stated one of the strengths Kearney has with this budget compared to most other cities is Kearney has a rather small amount of bonded indebtedness.  He was not sure if 30 to 40 percent is the right goal, but rarely during the listening session did they hear about lowering our bonds and indebtedness.  One of the strengths they have within the budget system is getting it paid down.  The way he envisions this working is that the bond indebtedness will be paying some of those large high dollar road construction projects, like 39th Street, and others that the City is going to do.  Although it is called bonded indebtedness, it is a capital improvement including those large construction projects.

 

City Manager stated those bonding projects are intended for some unique projects which include the $4 million street project (39th Street and 2nd Avenue) which do not come along very often.  He believed that 35 percent is a good target if they want to split the difference which could always be adjusted in the future.  This proposed policy was presented to give some ideas because he believed everyone was a little overwhelmed as to what they could potentially accomplish.  Examples are the $20 million streets, curb and sidewalk projects over the next seven years, saving $4 million over the next few years for the library improvements and other projects which will be a pay as they go.  Over the next five years and if everyone is patient, Kearney should be able to accomplish all those things they heard about in the listening sessions; streets, curbs, sidewalks, ADA improvements, bike trail, senior center and perhaps a new fire station down the road. 

 

Council member Buschkoetter commented that by saving and pay as you go, it keeps our bonded indebtedness down and instead of paying money on interest they are actually buying things that are going to benefit our community. 

 

Council member Kearney stated that people should not be confused about debt service.  When they are talking about debt service, they are talking about new things going on line that will be constructed and we are in the process of approving after the sales tax election.  The old debt will be paid off with the regular budget.  City Manager stated that the debt service reflected in these projects is the potential sales tax projects that are not under construction yet.  There are other One and Six Year projects that debt service has been paid on, such as the 30th Avenue project.   

 

Mayor Hadley emphasized that this is just the beginning and none of these projects are locked in concrete.  This meeting is just getting them out on the table.  The public hearings will be held.  One of the things that they committed to the public was to hold hearings so they could get input from them.  These proposals are the things that we have heard about from the public. Before the City does any of these projects, they would hold public hearings to ensure they are doing what the people want them to do.  He was amazed at the potential of what they could do with this ½ cent over the next seven years.  It is appropriate to set a policy establishing guidelines because the last thing they want to happen is someone coming back years later saying they misunderstood what was proposed. 

 

City Manager stated what is on paper is not as important as the format to be able to clearly explain to citizens what has been approved to date.  At this point, the CDGB Grant and Harmon Park Activity Center are the only projects that have been approved. The problem staff had in the past was trying to design a plan for streets fairly quickly without enough lead time.  There were lots of projects listed on the One and Six Year Plan, but there was not a funding source.  Now they have a potential planning document to use as a funding source so they can prioritize and plan some of these major street projects.  It would greatly improve their efficiency in that area.  He agreed it was clear there is a need to have another public hearing on the library and establish that funding level because the Library Advisory Board wanted to get some direction and decision from Council.  It will take some time for them to plan and secure some additional private funding for the library project.  Staff will also bring back to Council the policy document which would be in resolution format to serve as a guide almost like the benchmarks on their financial goals. 

 

Mayor Hadley stated they did meet with the library and it was evident that the Library Advisory Board had some concerns and he believed this is a start to the process of moving forward.  The time for debating the need to do something is past and the Council needs to give the Library Board direction. 

 

Council member Lear stated he has heard a great deal over the past couple of years questioning the need for our library because of the growth of internet and electronic media access basically in our homes.  At that meeting Library Director Matt Williams addressed those issues very effectively.  Mr. Williams explained that kind of information media actually increases the need for growth of a public library because not everybody can afford those kinds of accesses. Providing those services in a community is very important.  Home access is not always the best environment for people to access those resources.   Public libraries subscribe to a number of data bases and other things that are affordable at group at public rate, but not by individuals in their own home.

 

Council member Clouse asked where the 30 to 40 percent stands that was discussed earlier in the meeting for bonded indebtedness.  City Manager stated that the highest percentage allocated is 31 percent in 2012.  Director of Finance Wendell Wessels agreed with 35 percent and to keep in mind that the listed projects are bonded and actually go out 20 years as the revenue for sales tax goes up (if the City does not borrow any more) the percentage will decrease.  Mayor Hadley stated an important point is to remain flexible and let future Councils have the same flexibility for targeted projects in the future. It was suggested to put the spreadsheet on the City website for the public to review in a draft form and to make it  available to the press. 

 

COUNCIL REPRESENTATION ON BOARDS/COMMISSIONS

 

Mayor Hadley opened for discussion City Council representative serving as a liaison on the various Boards/Commissions of the City of Kearney

 

Council member Clouse stated that this also came from the library discussion last week at the Council study session.  He believes it would be beneficial to have a council member as a liaison with some of the boards.  He suggested that one member could be on the Park Advisory Board because of the activity center project, another on the Downtown Improvement Board, etc. This would help the boards better understand where they are as a Council.  The Council could better provide a sense of direction to the boards. If there are issues that are encountered at those meeting, the council member could bring them back to the Council and talk about them.  This would not take the place of staff, but enhance what staff is doing. 

 

Council member Kearney did not agree that council members should sit in with boards.  He believed that Council sets policies and budgets, but they depend on the City Manager to bring information to them to help make those determinations.  Even though there was a lack of communications from the library, he believed that it has improved since they have a new library director. The communications from the boards should funnel through the City Manager. He tries to avoid talking to City employees and people on these boards because it would be too easy to influence policy while attending their meetings. Council member Clouse stated they would be sharing insight with the boards, and not making policy.

 

Council member Buschkoetter commented that a Council member sitting in would be influencing the advisory boards.  Although the Council makes the decisions, he believed the advisory boards need to have a certain amount of independence outside the influence of any council member, who would happen to be on the board at the time. 

 

Council member Lear stated that all of this warrants further discussion.  He understood Council member Clouse to say this would enhance communication and the flow of information between the boards and the Council. By not attending the meetings, you might not get the full flavor of what occurred during the meeting. He sometimes will call a Planning Commission member to get their take on an issue.  It has some merit which bears discussion being very respectful of the views of his colleagues.

 

Council member Buschkoetter suggested opening the lines of communication with the boards is a good thing through emails or phone calls to get an idea of what they discussed and how it went.  He would be uncomfortable with being at the meeting because it would inadvertently be influencing the advice you would be getting. 

 

Mayor Hadley suggested attending some of these board meetings. City Manager agreed if there are things that interest a council member from time to time; it would be appropriate to attend a particular board meeting.  It is not uncommon in his experience for council members to be on various boards.  He stated that one needs to be sensitive to these boards because they work hard and it is sometimes a thankless job.  Some of the changes that the Council has approved regarding how the boards are structured are all positive steps; such as the formal board reports which are new this year, and the discussion that he has had with Department Heads about their responsibilities as a board liaison.  They can carry this message on to Department Heads and those liaisons who have not looked at their role in the past quite the same as they do now. 

 

Council member Lear stated they get agendas and minutes from the Planning Commission meetings and Board of Adjustments, but nothing from any of the other Boards.  He suggested getting agendas and board minutes sent in a PDF format by email to Council members.  City Clerk stated that the agendas and minutes of all the boards and commissions are on the City web page. 

 

OPEN ACCOUNT CLAIMS; FREMONT NATIONAL BANK - $38,462.12; PLATTE VALLEY STATE BANK - $150.00; SCHOOL DISTRICT #7 - $7,922.40

 

Moved by Clouse seconded by Hadley that Open Account Claims in the amount of $38,462.12 payable to Fremont National Bank; $150.00 payable to Platte Valley State Bank; and $7,922.40 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Clouse. Nay: None. Buschkoetter and Lear abstained. Motion carried.

 

VII.    REPORTS

 

39TH STREET UPDATE

 

City Manager Michael Morgan stated that the City is embarking on one of the most important projects in Kearney’s history.  This project involves lots of citizens and lots of dialogue.  He pointed out that appraisals, informational meetings, districts, plans to Council, completed appraisals, bid openings, offers for right-of-way and awarding the bid to Council have been completed.  There are a lot of processes involved and there is still an open day set aside for meetings with property owners to talk them about impacts.  Offers, final negotiations and construction are on a very tight schedule so it is very important to keep people informed. 

 

City Manager wanted to clear up a misunderstanding about improvements on 38th Street and signalization on 39th Street.  Those projects are not included in Phase I, so that is why there have not been public meetings.  Those plans will be completed in the next 30 days or sooner and those meetings will start as well.  He did not want citizens to feel that the City is not communicating with them.  The City is not quite there yet.  The future Phases II and III will happen after that.  The City will do its best to keep people informed as plans develop. 

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Kearney that Council adjourn at 8:33 p.m. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK