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