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Kearney, Nebraska

October 10, 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 October 10, 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, Stan Clouse, and Bruce Lear. Absent: Don Kearney.  Michael W. Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant to 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: Roger Jasnoch, Brad Kernick, Gregg Johnson, Bob Lammers, Jack Wilkins, Richard Lush, Scott Hayden, Neal Lewis, Paul Brungardt, Ken Pedersen, Danny Starostka, Bill Abood, Mitch Humphrey, Paul Younes, Tammy Jackson, Mike Konz from Kearney Hub, Paul Wice from KGFW Radio.

 

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 the Council members held a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts from Troop 158 led the Council members and audience in the Pledge of Allegiance.

 

ANNOUNCEMENT

 

Mayor Hadley announced that in accordance with Section 84-1412 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is available for review and is posted towards the back of the Council Chambers.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REDEVELOPMENT AREA #8 BLIGHT AND SUBSTANDARD DETERMINATION

 

Mayor Hadley stated that the public hearing on declaring Area #8 to be blighted and substandard was scheduled for this meeting.  But in reviewing the statutes it was determined that the public notice must include a map of the area being determined to be blight and substandard.  The notice was published but not a map of the area.  Therefore, the notice is being advertised correctly with the public hearing taking place at the Council meeting on October 24, 2006.  For that reason, this matter will be tabled until October 24th.

 

Moved by Clouse seconded by Lear to table until October 24, 2006 the hearing on declaring an area to be blighted and substandard and in need of redevelopment and described as follows: An area referred to as Redevelopment Area #8 and described as a tract of land beginning at the intersection of the north line of 8th Street and the east line of 3rd Avenue, thence southward across 8th Street, continuing south along the east line of 3rd Avenue to the south line of 4th Street, thence slightly east along said line to the west line of the public right-of-way of 2nd Avenue, thence south along said line to the north banks of the North Branch of the Platte River, thence following the stream banks west for approximately 800 feet, thence south along a line from said point to the north line of Talmadge Street, thence west for approximately 200 feet, thence south across Talmadge Street, following along the corporate limits line between the south line of Talmadge Street and the north boundary of the public right-of-way of Interstate 80, thence west along said north line for approximately 2,430 feet to a point, thence north along said extended line approximately 2,280 feet to its intersection with the north line of the concrete walking trail along the south side of the North Branch of the Platte River, thence meandering easterly along said north line of said concrete trail to its intersection with an extended west line of Lot 8 of Block 4, Centennial Subdivision to the City of Kearney, Buffalo County, Nebraska, thence north along said west line approximately 1,765 feet to its intersection with the south line of said Centennial Subdivision to the City of Kearney (also the corporate limit line), thence east along said south line to its intersection with the west line of 6th Avenue, thence north along said line to its intersection with the north line of 8th Street, thence east along said north line to its intersection with the east line of 3rd Avenue, also the point of beginning, all located in the City of Kearney, Buffalo County, Nebraska. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Buschkoetter. Nay: None. Absent: Kearney. Motion carried.

 

CONDITIONAL USE PERMIT – ¼ MILE WEST OF THE INTERSECTION OF 30TH AVENUE AND LONG ISLAND ROAD

 

Mayor Hadley opened the public hearing on the Application submitted by Deerfield LLC (Applicant) and William Abood and Gaylan Abood (Owner) for a Conditional Use Permit to allow for excavation of a lake on property zoned “District RR-1, Rural Residential District (Rural Standards)” and described as Government Lot 7 and the Southeast Quarter of the Southwest Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska AND an undivided one half interest in Government Lot 6 and the Southwest Quarter of the Southeast Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (1/4 mile west of the intersection of 30th Avenue and Long Island Road).

 

Neither the applicant nor any representation was present to address this matter.

 

Moved by Lear and seconded by Buschkoetter to table until October 24, 2006 the application submitted by Deerfield LLC (Applicant) and William Abood and Gaylan Abood (Owner) for a Conditional Use Permit to allow for excavation of a lake on property zoned “District RR-1, Rural Residential District (Rural Standards)” and described as Government Lot 7 and the Southeast Quarter of the Southwest Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska AND an undivided one half interest in Government Lot 6 and the Southwest Quarter of the Southeast Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (1/4 mile west of the intersection of 30th Avenue and Long Island Road).  Roll call resulted as follows: Aye: Hadley, Clouse, Buschkoetter, Lear. Nay: None. Absent: Kearney. Motion carried.

 

The Council proceeded with business.  However, the applicant, Bill Abood, arrived late and the Council considered the matter.

 

Moved by Hadley and seconded by Clouse to remove from the table the application submitted by Deerfield LLC (Applicant) and William Abood and Gaylan Abood (Owner) for a Conditional Use Permit to allow for excavation of a lake on property zoned “District RR-1, Rural Residential District (Rural Standards)” and described as Government Lot 7 and the Southeast Quarter of the Southwest Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska AND an undivided one half interest in Government Lot 6 and the Southwest Quarter of the Southeast Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (1/4 mile west of the intersection of 30th Avenue and Long Island Road).  Roll call resulted as follows: Aye: Hadley, Clouse, Buschkoetter, Lear. Nay: None. Absent: Kearney. Motion carried.

 

The applicant is requesting a Conditional Use Permit (CUP) to excavate material to build a small lake as an amenity of the Deerfield Estates Subdivision.  The material will be hauled away from the premises in trucks using 30th Avenue as the proposed haul route.  This property is zoned RR-1, Rural Residential District (Rural Standards).  The estimated size of the finished lake is approximately 6.5 surface acres.  Work had commenced on the lake earlier this summer and the City issued a Stop Work Order until such time as the Conditional Use Permit can be considered by Planning Commission and City Council.  Staff has reviewed this proposal and offers the following comments for consideration:

a)       City Planner contacted the U.S. Army Corps of Engineers office to investigate compliance with Section 404 of the Clean Water Act or any other wetland or floodplain concerns.  Keith Tillotson of the Corps stated that a letter was issued to the Owners of the property dated July 25, 2006 in which the results of a field analysis by Corps representatives found that no permits were required.  The Owners are maintaining the existing drainage pattern across the property and are not filling within the drainage way.  Excavation, as they are proposing, does not require a Corps permit or any state agency permits.  The City of Kearney regulates construction activity within the floodplain.

b)       The City Council can add any conditions to this permit that are believed to be necessary to regulate the proposed activity.  Planning Commission recommended that this CUP be submitted to City Council with recommendation for approval with the following conditions:  (1) Duration of permit shall be for a three year period; (2) Hours of operation shall be limited to daytime hours, Monday through Friday; and (3) The applicant shall provide dust control on the gravel sections of the haul route.

 

Bill Abood, 1255 East 1st Street South, presented this matter to the Council. The reason for this application is they want to remove approximately fifty percent of the material from the lake that has to be dug on this site for use by the subdivision.  They wanted to follow the City Code in order to do this correctly. They are willing to comply with all the conditions required.  They plan to haul out approximately 20 loads per week over a period of three years.  To make the homes 100 feet above floodplain that will be on slab construction or crawl space (no full basements) will use approximately 1,500 cubic yards per home site.  Thirty-four homes multiplied by 1,500 cubic yards will use about half the material that will come out of the lake. 

 

Since Mr. Abood did not return the required Acknowledgment that needed to be signed and did not bring it with him to the Council meeting, the City Clerk stated that the public hearing could be conducted and closed, but the ordinance would have to be tabled until the next meeting. 

 

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 Deerfield LLC (Applicant) and William Abood and Gaylan Abood (Owner) for a Conditional Use Permit to allow for excavation of a lake on property zoned “District RR-1, Rural Residential District (Rural Standards)” and described as Government Lot 7 and the Southeast Quarter of the Southwest Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska AND an undivided one half interest in Government Lot 6 and the Southwest Quarter of the Southeast Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (1/4 mile west of the intersection of 30th Avenue and Long Island Road) subject to compliance with the following conditions: (1) Duration of permit shall be for a three year period; (2) Hours of operation shall be limited to daytime hours, Monday through Friday; and (3) The applicant shall provide dust control on the gravel sections of the haul route which includes 30th Avenue. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Absent: Kearney. Motion carried.

 

DEVELOPMENT PLAN FOR 4011 7TH AVENUE

 

Mayor Hadley opened the public hearing on the Application submitted by Gregg Johnson for Johnson Imperial Home Co. (Applicant and Owner) for Planned District Development Plan Approval for the construction of commercial offices on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as Lots 3 and 4, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (4011 7th Avenue) and to consider approval of Resolution No. 2006-183.

 

The applicant is requesting approval to develop a parcel of land for a commercial office building on the east side of 7th Avenue north of Family Orthopedic and Prosthetics.  The following is a summary of the development project:

·   The property is zoned C-0/PD. 

·   The building is 9,584 square feet in floor area and will be divided into three bays.

·   There is no basement proposed. 

·   38 parking spaces are required and 44 are shown on the plans. 

·   A complete Landscape Plan has been submitted including a large central green space in the parking area in front of the building. 

·   All landscaped areas will be irrigated with underground sprinklers.

·   The building materials are all brick with sandstone accents and an asphalt shingle hip roof.

·   Drainage will flow to 7th Avenue and will be intercepted by the existing storm sewer system that outfalls into the detention cell behind K-Mart.

·   Refuse collection will be handled by 90-gallon roll-out containers.

·   A 25-foot rear yard is required in this base zoning district.  The developer is requesting a five-foot deviation to allow a twenty-foot rear yard in a planned zone with compensating green area in the front of the building.  A “flexible yards” provision in the code allows for deviation in required yards within planned zoning districts.

 

Gregg Johnson, 507 West 44th Street Place, from Johnson Imperial Home presented this matter to the Council. This project is for an office building that Johnson Imperial Homes will own and maintain.  At this time, they have two tenants that will occupy this 10,000 square foot building.  One tenant is the State Department of Banking and Finance and the other is a form of Health and Human Services.  The whole site will drain out onto 7th Avenue. The building will be a totally brick structure.  The one variance they are asking for is a 5-foot variance on the backyard setback, so they can maintain a little more parking out in front.  The plan exceeds requirements on parking, landscaping and green space. 

 

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 Gregg Johnson for Johnson Imperial Home Co. (Applicant and Owner) for Planned District Development Plan Approval for the construction of commercial offices on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as Lots 3 and 4, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (4011 7th Avenue) and approve Resolution No. 2006-183 granting a 5-foot deviation to allow for a 20-foot rear yard setback as allowed under the flexible yards provisions of planned zoning districts. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Absent: Kearney. Motion carried.

 

RESOLUTION NO. 2006-183

 

            WHEREAS, Gregg Johnson for Johnson Imperial Home Co. (Applicant and Owner) has applied for Planned District Development Plan Approval for the construction of commercial offices on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as Lots 3 and 4, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (4011 7th Avenue).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Gregg Johnson for Johnson Imperial Home Co. (Applicant and Owner) for District Planned Development Plan Approval for the construction of commercial offices on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as Lots 3 and 4, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (4011 7th Avenue) be approved granting a 5-foot deviation to allow for a 20-foot rear yard setback as allowed under the flexible yards provisions of planned zoning districts.

            PASSED AND APPROVED THE 10TH DAY OF OCTOBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

DEVELOPMENT PLAN FOR 40TH STREET AND 4TH AVENUE

 

Mayor Hadley opened the public hearing on the Application submitted by Paul Brungardt from Brungardt Engineering, LLC (Applicant) for Ken Pedersen and Susan Pedersen (Owner) for Planned District Development Plan Approval for the construction of an office facility on property zoned “District C-1/PD, Limited Commercial District/Planned Development Overlay District” and described as the north 92.9 feet of Lot 1 of Block 1, Windsor Estates 4th Addition to the City of Kearney, Buffalo County, Nebraska (40th Street and 4th Avenue) and to consider approval of Resolution No. 2006-184.

 

The applicant is requesting approval to develop a parcel of land for a commercial office building on the east side of 4th Avenue just north of the Runza restaurant.  The following is a summary of the development project:

·         The property is zoned C-1/PD. 

·         The building is 2,800 square feet in floor area.

·         There is no basement proposed. 

·         16 parking spaces are required and 24 are shown on the plans.

·         Access to the site from 4th Avenue is via a shared driveway with Runza.

·         A complete Landscape Plan has been submitted. 

·         All landscaped areas will be irrigated with underground sprinklers.

·         The building materials are all brick and block with an asphalt shingle hip roof.

·         A six-foot tall privacy fence will be constructed along the north property line as shown on the Landscaping Plan.

·         Site drainage will be split to flow roughly; the west half of the site to 4th Avenue and the east half to the north east corner where a detention cell will be constructed.

·         There is a 15-foot wide utility easement on the east side of the lot.  The City anticipates the installation of two 30-inch diameter storm drain pipes within the easement in the future.

·         Refuse collection will be shared with Runza.

 

Paul Brungardt from Brungardt Engineering presented this matter to the Council. They will share a common access point with Runza using the access to the north. The building will be brick faced and beyond the City requirements for this type of a lot. There will be drainage from the east parking lot to a detention cell which will control flow to an existing ditch on the east side of Urban Escapes and Johnson Imperial to the north.  The west parking lot will drain out into the access road and down to 4th Avenue where it will be collected by the storm drainage system.  

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Clouse to close the hearing and approve the Application submitted by Paul Brungardt from Brungardt Engineering, LLC (Applicant) for Ken Pedersen and Susan Pedersen (Owner) for Planned District Development Plan Approval for the construction of an office facility on property zoned “District C-1/PD, Limited Commercial District/Planned Development Overlay District” and described as the north 92.9 feet of Lot 1 of Block 1, Windsor Estates 4th Addition to the City of Kearney, Buffalo County, Nebraska (40th Street and 4th Avenue) and approve Resolution No. 2006-184. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Absent: Kearney. Motion carried.

 

RESOLUTION NO. 2006-184

 

            WHEREAS, Paul Brungardt from Brungardt Engineering, LLC (Applicant) for Ken Pedersen and Susan Pedersen (Owner) has applied for Planned District Development Plan Approval for the construction of an office facility on property zoned “District C-1/PD, Limited Commercial District/Planned Development Overlay District” and described as the north 92.9 feet of Lot 1 of Block 1, Windsor Estates 4th Addition to the City of Kearney, Buffalo County, Nebraska (40th Street and 4th Avenue).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Paul Brungardt from Brungardt Engineering, LLC (Applicant) for Ken Pedersen and Susan Pedersen (Owner) for District Planned Development Plan Approval for the construction of an office facility on property zoned “District C-1/PD, Limited Commercial District/Planned Development Overlay District” and described as the north 92.9 feet of Lot 1 of Block 1, Windsor Estates 4th Addition to the City of Kearney, Buffalo County, Nebraska (40th Street and 4th Avenue) be approved.

            PASSED AND APPROVED THE 10TH DAY OF OCTOBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

FINAL PLAT FOR ABOOD SECOND ADDITION

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Starostka Homes and William and Sheila Abood (Owner) for final plat approval for “ABOOD SECOND ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lots 4 and 5 (to be vacated), Abood Addition an addition to the City of Kearney, with said tract of land being part of Government Lot 6 and accretions abutting said Government Lot 6 and part of Government Lot 7 and accretions abutting said Government Lot 7, all located in the South Half of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, AND TOGETHER with a tract of land being part of Government Lot 5 known as Tax Lot 5 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (north of 1st Street and west of Avenue M) and to consider approval of Resolution No. 2006-185.

 

The applicant is requesting approval to plat a tract of land that is approximately 67.01 acres located west of Avenue M and north of Archway Parkway along Interstate 80.   The property is zoned Agricultural.  Lot 4 and 5 of existing Abood Subdivision must be vacated so that the new plat for Abood Second can be created.  The proposed subdivision consists of three lots.  Proposed Lots 1 and 2 are under common ownership and comprise 43.02 acres.  Lot 3 is proposed at 23.99 acres to be subdivided and sold to a new owner.  The new owner negotiated with the previous owner to design the lot boundaries to encompass the sand pit lake for recreational purposes.  Fifty-feet of right-of-way from the centerline of Archway Parkway is dedicated on the final plat.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. Mr. and Mrs. Abood own about 12⅓ acres of the property that fronts onto the area located on East 1st Street North or what is called Archway Parkway.  That street bends around and turns into Avenue M.  Star Homes or Starostka Homes own the rest of the projected subdivision.  They want to reconfigure some of the lots to allow for a transaction or two to take place.  The lots will remain as intended other than the sizes and shapes of the lots will change. 

 

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 Mitch Humphrey from Buffalo Surveying (Applicant) for Starostka Homes and William and Sheila Abood (Owner) for final plat approval for “ABOOD SECOND ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lots 4 and 5 (to be vacated), Abood Addition an addition to the City of Kearney, with said tract of land being part of Government Lot 6 and accretions abutting said Government Lot 6 and part of Government Lot 7 and accretions abutting said Government Lot 7, all located in the South Half of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, AND TOGETHER with a tract of land being part of Government Lot 5 known as Tax Lot 5 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (north of 1st Street and west of Avenue M) and approve Resolution No. 2006-185. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Buschkoetter. Nay: None. Absent: Kearney. Motion carried.

 

RESOLUTION NO. 2006-185

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “ABOOD SECOND ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being Lots 4 and 5 (now vacated), Abood Addition an addition to the City of Kearney, with said tract of land being part of Government Lot 6 and accretions abutting said Government Lot 6 and part of Government Lot 7 and accretions abutting said Government Lot 7, all located in the South Half of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, AND TOGETHER with a tract of land being part of Government Lot 5 known as Tax Lot 5 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

            PASSED AND APPROVED THIS 10TH DAY OF OCTOBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

Moved by Buschkoetter seconded by Hadley that Subsections 1 through 6 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Clouse, Buschkoetter, Lear. Nay: None. Absent: Kearney. Motion carried.

 

1.         Approve Minutes of Regular Meeting held September 26, 2006.

 

2.         Approve the following Claims: 2nd Wind Exercise $1,775.00 ps; 56th Street $12.90 smcs; Ace Hardeware $155.13 smcs; Aflac $2,207.10 ps; Agent Fee $65.00 smcs; All Makes Auto Supply $1,702.50 smcs; All Star Windshield Repair $70.00 smcs; Allied Electronics $124.16 smcs; Allstate Imaging $220.00 smcs; Alltel $3,297.28 smcs; Amazon $61.91 smcs; Amer Air $1,271.80 smcs; Amer Electric $1,018.72 smcs,co; Amer Red Cross $20.24 smcs; Arnold,T $29.99 smcs; Ask Supply $146.50 smcs; Auto Glass Center $165.34 smcs; B&B Auto Glass $135.00 co; Baker & Taylor Books $9,771.31 smcs; Baker,B $40.00 smcs; Barcodes $110.15 smcs; Batterystuffcom $176.36 smcs; BBC Audiobooks $310.56 smcs; BBW Environmental $190.00 smcs; Bob's Super Stores $3.50 smcs; Bogard,M $12.07 smcs; Boogaarts $8.87 smcs; Book Corner $53.50 smcs; Bosselman $18,736.62 smcs; Brown Transfer $347.54 smcs; Brown,A $58.50 smcs; Bruce Furniture $964.24 co; Buckle $224.00 smcs; Buffalo Air Service $4,121.60 smcs; Buffalo Co Court $172.98 ps; Buffalo Co Historical $796.08 smcs; Buffalo Co Sheriff $103,441.00 smcs; Buggy Bath Car Wash $17.00 smcs; Builders Warehouse $952.86 smcs,co; Bult,A $6.12 smcs; Byco #4 Gas Station $62.16 smcs; Cabela's $177.06 smcs; Cables To Go $138.58 smcs; Camera Doctor $205.00 smcs; Capstone Press $35.90 smcs; Caseys General Store $38.92 smcs; Cash Wa $226.35 smcs; Castaneda,D $17.68 smcs; Cavenee,M $90.00 smcs; CED Enterprise $175.10 smcs; Centaur Enterprises $212.94 smcs; Central Fire & Safety $37.50 smcs; Central Hydraulic $5,275.38 smcs,co; Central NE Equipment $259.29 smcs; Chad $24.00 ps; Charter $77.45 smcs; City of Ky $197,521.51 smcs,ps; Civic Plus $5,340.00 smcs; Co Clerk of Ky Co $21.00 smcs; Cold Spring Granite $399.15 smcs; College Savings Plan of NE $50.00 ps; Colorado Chapter APWA $1,040.00 smcs; Complete Music $225.00 smcs; Computer Hardware $59.95 smcs; Computer Warehouse #4 $180.92 co; Conseco Life Insurance $29.00 ps; Construction Rental $157.14 smcs,co; Copycat Printing $75.42 smcs; Cordle,J $10.50 smcs; Cornhusker Int'l $236.37 smcs; Crossroads Ford $29.95 smcs; Culligan $288.05 smcs; Cummins Central Power $127.85 smcs; D&M Security $54.00 smcs; Dandee Construction $7,281.90 co; Davis Instruments $205.00 smcs; Dell $2,596.67 smcs,co; Delorme Publishing $28.84 smcs; Delta Force $129.85 smcs; Depository Trust $152,530.00 ds; Deterding's $34.19 smcs; Dimaond Vogel $226.45 smcs; Double M Farms $2,000.00 smcs; Draeger Safety $745.00 co; Drccnowcom $22.95 smcs; Drew Wireless $869.00 co; Dreyer,D $302.82 smcs; Dugan Business Forms $1,424.62 smcs; Dultmeier Sales $127.70 smcs; Dutton-Lainson $298.16 smcs; Dynix $12,062.15 smcs; Eakes Office $893.42 smcs; Earl May $45.00 smcs; EDM Equipment $211.69 smcs; Eircih,T $50.00 smcs; Electric Fixture $364.14 smcs; Elliott Equipment $138.99 smcs; Engels,D $454.10 smcs; Expedia $5.00 smcs; Expression Wear $144.00 smcs; Fairbanks $3,821.09 smcs,co; Farmers Union $979.72 smcs; Fastenal $1,301.86 smcs; Firefighters Bookstore $318.80 smcs; Foote Convenience $3.20 smcs; Footjoy $367.28 smcs; Force America $819.85 smcs; Frontier $8,548.56 smcs; Fyr-Tek $28.41 smcs; G. Neil $161.74 smcs; Garrett Tires $657.53 smcs; Glazier,R $19.71 smcs; Goodwill $18.75 smcs; Gordon's Small Engine $36.97 smcs; Graham Tire $661.69 smcs; Grainger $1,335.41 smcs; Grand Central $38.16 smcs; Great American Outdoor $97.41 smcs; Grimes,S $167.20 smcs; Gryphon Wireless $548.98 smcs; Gunderson,L $40.00 smcs; H&H Distributing $377.80 smcs; Hach $845.69 smcs; Hand Well $1,400.69 smcs; Harley Davidson $163.20 smcs; Harrison,R $320.71 smcs; Hastings Cycle $22.48 smcs; Hauck,K $16.23 smcs; HDR Engineering $3,193.62 smcs; Hello Direct $246.22 smcs; Hill,C $71.65 smcs; Hinrichs,E $40.00 smcs; Hobby-Lobby $41.39 smcs; Holiday Station $60.17 smcs; Holmes Plumbing $810.08 smcs; Hometown Leasing $248.23 smcs; HTE User's Group $200.00 smcs; ICMA RC $2,768.25 ps; Infinisource $1,877.04 smcs; IRS $91,455.71 ps; Int'l Code Council $50.00 smcs; Intuit Quicken $79.11 smcs; ISDN $188.25 smcs; Jack Lederman $17.10 smcs; Jimmy Johns $43.34 smcs; Johnson,S $50.00 smcs; Johnstone Supply $204.36 smcs; Jones,D $17.68 smcs; K&K Parts $230.69 smcs; Kallhoff,J $18.75 smcs; Ky Area United Way $496.24 ps; Ky Chamber of Comm $21.00 smcs; Ky Clinic $1,729.00 ps; Ky Concrete $315.75 smcs; Ky Hub $409.02 smcs; Ky Humane Society $4,800.00 smcs; Ky Implement $3,978.89 smcs; Ky Towing $185.00 smcs; Ky Warehouse $3,085.56 smcs; Ky Winlectric $232.63 smcs; Ky Winnelson $44.02 smcs; Ky Yamaha $167.17 smcs; Kelly Supply $2,359.06 smcs; Kid Songs $199.00 smcs; Killion Motors $351.21 smcs; Kirkham Michael $17,009.66 co; Klaus,M $182.88 smcs; Kmart $218.97 smcs; Kooyman,R $200.00 ps; LADG $517.29 smcs; Laser Art Design $192.54 smcs; Laughlin,K $360.00 ps; Lawson Products $223.14 smcs; LARM $221,072.00 smcs; League of NE Municipalities $31,269.00 smcs; Lincoln Truck Center $125.39 smcs; Lindner,S $133.94 smcs; Linweld $83.14 smcs; Lock and Safe $37.50 smcs; Lockmobile $34.50 smcs; Lockton $13,225.00 smcs; Loebig,P $235.50 smcs; Love and Logic $161.25 smcs; Lynch,D $102.50 smcs; Lyon Workspace $460.90 co; Magic Cleaning $250.00 smcs; Marlatt Machine Shop $264.11 smcs; Marriott Cornhusker $89.00 smcs; Mattley Advertising $185.00 smcs; McCaslin,K $12.65 smcs; McLaughlin,P $375.50 smcs; Mcmaster-Carr $1,111.00 smcs; Menards $2,090.52 smcs; Metlife $4,261.96 ps; Midway Chrysler Dodge $231.74 smcs; Midwest Turf Omaha $440.89 smcs; Mieth,T $20.33 smcs; Miller & Associates $104,758.65 co; Misko Sports $31.96 smcs; Momar $916.57 smcs; Mosbarger,B $200.00 ps; Mr Automotive $1,527.21 smcs; MSC Industrial $599.12 smcs; Municipal Emergency $319.92 smcs; Naden Industries $129.00 smcs; Napa All Makes $1,715.85 smcs; Nat'l Recreation $367.00 smcs; Nat'l Tactical Officers $1,438.00 smcs; NWWA $3,689.19 smcs; NCS Equipment $55.44 smcs; NE Child Support $1,905.97 ps; NE Dept of Agricultural $117.26 smcs; NE Dept of Health $264.00 smcs; NE Dept of Revenue $27,217.20 ps; NE Machinery $3,063.50 smcs,ds; NE Mosquito & Vector $200.00 smcs; NE Municipal Clerks $30.00 smcs; NE State Fire Marshal $3.48 smcs; NE Truck Center $75.74 smcs; Newman Signs $453.26 smcs; Nickel,T $26.04 smcs; Nicklasson,B $167.20 smcs; Northwest Electric $91.81 smcs; Northwestern Energy $2,717.44 smcs; Nosworthy Telecomm $66.65 smcs; NSA/POAN Conference $115.00 smcs; Ocean Systems $87.82 smcs; Office Max $219.64 smcs; Officenet $150.74 co; O'Keefe Elevator $137.88 smcs; O'Reilly $848.92 smcs; Orscheln $987.47 smcs; Paramount $129.00 smcs; Pat's Plumbing $3,000.00 co; Patterson,B $86.97 smcs; Paulsen $72,081.62 co; Payflex $412.25 smcs,ps; Paypal Bodytime $179.95 ps; Pepsi Cola $1,219.32 smcs; Petro Shopping Centers $44.52 smcs; Pioneer Revere $688.00 smcs; Pitney Bowes $125.00 smcs; Platte Valley Comm $1,146.13 smcs; Polk Directories $330.10 smcs; Precision Small Engine $964.25 smcs; Premiere Products $723.89 smcs; Presto-X $309.00 smcs; Public Risk Management $310.00 smcs; Push-Pedal-Pull $1,900.00 ps; Quill $188.80 smcs; RC Booth Enterprises $50.00 smcs; Random House $460.80 smcs; Ranger Joe's Columbus $110.75 smcs; Reams Sprinkler Supply $1,433.68 smcs; Recognition Unlimited $276.65 smcs; Recorded Books $1,829.39 smcs; Redy Battery $29.22 smcs; Respond First Aid Systems $182.00 smcs; Roepke,J $11.01 smcs; Rose Equipment $516.62 smcs; Safety-Kleen $254.80 smcs; Sahling Kenworth $371.19 smcs; Sara Lee Bakery $14.40 smcs; Schmidt,A $1,116.80 smcs; See Clear Cleaning $1,900.00 smcs; Seeuther $295.00 smcs; Service Plus Lawn $2,944.43 smcs; Sherwin Williams $98.71 smcs; Shopblt.com $205.01 smcs; Shunkwiller,T $12.65 smcs; Sixth Street Self Storage $1,000.00 smcs; Snap-On Tools $151.74 smcs; Sorensen,M $8.69 smcs; Southwest Air $260.60 smcs; Splitter,M $40.05 smcs; St of NE HHS Laboratory $360.00 smcs; St of NE/DAS Comm $19.05 smcs; Summit Heating $4,570.39 co; Sun Life Financial $20,618.67 smcs; Sunmart $90.57 smcs; Super Shine Auto Care $28.75 smcs; Sutphen $13.80 smcs; Sydow,J $40.00 smcs; Target $67.31 smcs; Thirsty's West $4.27 smcs; Thomson Gale $91.36 smcs; Thomspon,L $60.00 smcs; Titelist $300.82 smcs; Tractor-Supply $1,468.36 smcs; Travelocity $5.00 smcs; Tri City Outdoor Power $275.03 smcs; Tri State Spas $35.87 smcs; Tye & Rademacher $8,435.84 smcs; Underground Construction $525.00 co; United Air $884.20 smcs; United Seeds $4,750.00 smcs; United States Tennis $25.00 smcs; UPS Store $122.13 smcs,ps; Urbanek,G $23.40 smcs; USA Blue Book $507.11 smcs; USPS $1,211.58 smcs; Van Diest Supply $2,687.07 smcs; Video Kingdom $19.99 smcs; Village Uniform $211.66 smcs; Villager Courtyard $165.00 smcs; Walgreen $9.98 smcs; Wal-mart $1,173.29 smcs; Warrington,D $12.07 smcs; Weightvest $259.90 smcs; Wicks Sterling Trucks $161.58 smcs; Wilke Donovans $218.35 smcs,co; Willa Cather Pioneer $22.25 smcs; Wittek Golf Supply $1,140.64 smcs; World Cycling $222.55 smcs; Wyndham Baltimore $1,215.04 smcs; Xerox $353.17 smcs; Zubrod,D $167.20 smcs; Payroll Ending 09-30-2006 -- $284,160.44.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve the Plans and Specifications for the construction of the Harvey Park Tennis Courts and set the bid opening date for November 7, 2006 at 2:00 p.m.

 

4.         Approve the request from the Kearney Police Department/Buffalo County Sheriff’s Office to block off Avenue B from Railroad Street to 21st Street for the auto auction to be held on October 14, 2006 from 8:00 a.m. until 5:00 p.m.

 

5.         Approve the recommendation from Administration on accepting the water and sanitary sewer that serves Lot 1, Stoneridge Fifth Addition to the City of Kearney, Buffalo County, Nebraska (north of 56th Street and east of Avenue E) as constructed in accordance with the terms of the Developer Constructed Infrastructure Agreement and approve Resolution No. 2006-186.

 

RESOLUTION NO. 2006-186

 

            WHEREAS, on the 14th day of June, 2005, the President and Council of the City of Kearney, Nebraska passed and approved Resolution No. 2005-127 authorizing the President of the Council to execute the Developer Constructed Infrastructure Agreement between the City of Kearney and Pedcor Investments, LLC for the installation of public improvements for Lot 1, Stoneridge Fifth 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 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; and

            WHEREAS, the Developer constructed storm sewer which was not included in the Developer Constructed Infrastructure Agreement and the storm sewer design and materials was not reviewed for compliance with City specifications and will not be accepted as part of the City Storm Sewer System.

            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 only for Lot 1, Stoneridge Fifth 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.

            BE IT FURTHER RESOLVED that the storm sewer constructed by the Developer was not included in the Agreement and the design and materials was not reviewed for compliance with City specifications and is not accepted as part of the City Storm Sewer System.

            PASSED AND APPROVED THIS 10TH DAY OF OCTOBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

6.         Approve the recommendation from Administration on awarding the bid to D.P.C. Industries Inc. for the purchase of Sodium Hypochlorite to be used in the City’s water treatment process.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7300 – PAVING DISTRICT NO. 2006-913

 

Chapter 16 of the Nebraska Revised Statutes sets out the rules by which water, sewer and paving districts may be created by public entities.  The Council has the authority to create districts and make improvements and assess the costs to the property that is benefited by the improvements. The Mayor and Council, by ordinance, shall create districts according to Sections 16-619 and 16-667 of the Nebraska Revised Statutes.  At that time, the City must publish notice of the creation of the district one time each week for not less than 20 days in a daily or weekly newspaper of general circulation in the City.  After publication, if the owners of record title representing more than 50% of the front footage of the property abutting or adjoining any continuous or extending improvements objects in writing within 20 days (30 days for water and sewer) from the first publication of said notice the work will not be done.  If objections are not filed against the district in a timely manner that meets the law, the Mayor and Council shall proceed to construct such improvements.

 

Item No. 1 pertains to the development of Country Club Lane from 35th Street north through Aspen Meadows. The City received a letter from the developer requesting paving improvement for this street. The remaining public improvements will be constructed through the Developer Constructed Infrastructure Agreement which will be presented at a later time. In accordance with Section 57-102 of the Unified Land Development Ordinance, being part of the Kearney City Code requires the developer to deposit fifty percent of the total estimated costs of the districts.  The remaining unpaid costs of the improvement shall be assessed against the property in said district on a basis of special benefit to the property, if any, as provided by law.

 

Council Member Hadley introduced Ordinance No. 7300, being Subsection 1 of Agenda Item V to create Paving Improvement District No. 2006-913 for Country Club Lane from the north line of 35th Street north to the north lot line of Lot 1 of Block 1, Aspen Meadows, an addition to the City of Kearney, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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, Buschkoetter, Lear, Clouse. Nay: None. Absent: Kearney. 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. 7300 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. Nay: None. Absent: Kearney. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7300 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Buschkoetter. Nay: None. Absent: Kearney. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7300 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. 7301 – CONDITIONAL USE PERMIT – ¼ MILE WEST OF THE INTERSECTION OF 30TH AVENUE AND LONG ISLAND ROAD (PERTAINS TO PUBLIC HEARING 2)

 

Mayor Hadley stated since the applicant did not sign and return the Acknowledgment, this matter will be tabled.

 

Moved by Lear seconded by Buschkoetter to table Ordinance No. 7301 until October 24, 2006. Roll call resulted as follows:  Aye: Hadley, Clouse, Buschkoetter, Lear. Nay: None. Absent: Kearney. Motion carried.

 

ORDINANCE NO. 7302 – VACATE PORTION OF ABOOD ADDITION (PERTAINS TO PUBLIC HEARING 5)

 

Council Member Buschkoetter introduced Ordinance No. 7302, being Subsection 2 of Agenda Item VI to vacate Lots 4 and 5, Abood Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 1st Street and west of Avenue M), 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. Nay: None. Absent: Kearney. 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. 7302 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. Nay: None. Absent: Kearney. Motion carried. Ordinance was read by number.

 

Moved by Hadley seconded by Clouse that Ordinance No. 7302 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Absent: Kearney. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7302 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. 7303 – AMEND SECTION 3-1836 AND DELETE SECTION 3-1837

 

Regular Agenda Items 3 and 4 were discussed together but voted on separately.

 

Director of Finance and Administration Wendell Wessels presented this matter to the Council.  On December 9, 2003, the Kearney City Council amended Section 3-1836 of the Kearney City Code to require that the City retain $150,000.00 of the annual hotel occupation tax collections for City purposes and remit all tax collections over $150,000.00 to the Kearney Visitors Bureau.  Prior to this amendment, all of the hotel occupation tax collections were remitted to the Kearney Visitors Bureau and the City received none of the tax collections.

 

With the passage of the one half cent sales tax, the increased revenues from keno operations over the past couple of years, the reduction of the Meadowlark Hills Golf Course debt service by approximately $40,000.00 per year, and pursuant to conversations with the Kearney Visitors Bureau, it seems feasible at this point to gradually and systematically reduce the hotel occupation tax receipts that the City of Kearney is currently keeping.  Therefore, staff proposes that Section 3-1836 of the Kearney City Code be amended to provide that the City Council annually appropriate funding to the Kearney Visitors Bureau with the intention that the City will keep the following amounts for City purposes and remit the balance to the Kearney Visitors Bureau for the purposes set forth in Section 13-315 of the Nebraska Revised Statutes:

 

2006-07

$75,000.00

 

2010-11

$50,000.00

2007-08

$75,000.00

 

2011-12

$50,000.00

2008-09

$50,000.00

 

Thereafter

$0.00

2009-10

$50,000.00

 

 

 

 

Additionally, Section 3-1837 of the Kearney City Code includes a sunset provision for the hotel occupation tax of December 31, 2014.  The Kearney Visitors Bureau has requested, and staff concurs, that the Section 3-1837 be removed from the City Code thereby eliminating the sunset provision.

 

Finally, an Agreement for Services has been drafted which details the various terms and conditions regarding the appropriate use of the funds by the Kearney Visitors Bureau.

 

Staff believes the above changes are reasonable and our commitment of paying off the golf course debt without property or sales taxes is achievable.  Potential concerns would be if Keno funds and/or golf course revenues decline.

 

Council member Buschkoetter wanted to know if in the future (after 2012) if something were to happen, if these process changes could be undone by future Councils?  Director of Finance stated the way the Code is written now states the amount the Visitors Bureau is going to get, the amount the City is going to get and has a sunset provision.  This locks the City in each year under the Code and this change will give the City some flexibility to address how much the City is going to keep and how much the Visitors Bureau is going to get on an annual basis.  Each year the City can look at their budget and work with the Visitors Bureau to decide the amount they are going to receive. 

 

City Manager stated that the primary purpose of the receipt of these funds in the past has been to payoff the golf course debt by 2012-2013.  This is a major change that will take place during that time and funds can then be allocated differently. 

 

Council member Clouse stated that these funds have been somewhat of a source of contention since the action taken a couple of years ago.  He commended City staff and the Visitors Bureau for working together to reach this resolution.  It covers all bases.  There is no question of the value that the Visitors Bureau brings to this community and the City should be supportive.  At the same time, this change provides the City with some protection so that we are not using tax dollars to pay down the debt service on the golf course.

 

Council member Buschkoetter stated with the way the Ordinance is written along with the state statutes will require a lot of accountability and should alleviate people’s concerns about where that money is going. 

 

Mayor Hadley stated that they are aware this is a very competitive area.  Looking at Lincoln, Omaha, Grand Island, North Platte and Scottsbluff, we see that visitors and conventions are a very vital part of these communities.  People come to Kearney for these conventions and see the City, UNK, etc. and we can showcase our City to them.  He commended the Visitors Bureau for their hard work in getting these conventions, etc. to our City and for their cooperation on this project. 

 

Roger Jasnoch, Director of the Kearney Visitors Bureau, stated the relationship between the Visitors Bureau and the City has been a very positive relationship since the implementation of the lodging tax which started in September 1996.  The Visitors Bureau has also had an ongoing relationship with the Buffalo County Supervisors since 1982 with the beginning of the lodging tax.  They have had separate accounting with a complete audit done on the business through both organizations which are ready for the Council’s review at any time. 

 

Council Member Clouse introduced Ordinance No. 7303, being Subsection 3 of Agenda Item VI to amend Section 3-1836 “Intent” of Article 18 “Occupation, Business and Other Taxes” of Chapter 3 “Business Regulations” of the Code of the City of Kearney to reduce the occupation tax receipts that the City of Kearney is currently retaining, and to delete in its entirety Section 3-1837 “Sunset Provisions” of Article 18 “Occupation, Business and Other Taxes” of Chapter 3 “Business Regulations” of the Code of the City of Kearney, 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. Nay: None. Absent: Kearney. 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. 7303 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. Nay: None. Absent: Kearney. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7303 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Buschkoetter. Nay: None. Absent: Kearney. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7303 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.

 

AGREEMENT WITH KEARNEY VISITORS BUREAU

 

Mayor Hadley opened for discussion the Agreement between the City of Kearney and the Kearney Visitors Bureau and to consider approval of Resolution No. 2006-187.

 

Moved by Buschkoetter seconded by Hadley to approve the Agreement between the City of Kearney and the Kearney Visitors Bureau and approve Resolution No. 2006-187. Roll call resulted as follows: Aye: Hadley, Clouse, Buschkoetter, Lear. Nay: None. Absent: Kearney. Motion carried.

 

RESOLUTION NO. 2006-187

 

            WHEREAS, the City of Kearney, Nebraska and the Kearney Visitors Bureau desire to enter into an agreement for the purpose of promoting economic development in the City of Kearney, Nebraska and its immediate business, industrial and manufacturing environments.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement for Services on behalf of the City of Kearney. A copy of said Agreement is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 10TH DAY OF OCTOBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

PLANS FOR HARMON PARK ACTIVITY CENTER

 

Mayor Hadley opened for discussion the Plans and Specifications for the construction of the Harmon Park Activity Center and set the bid opening date for November 7, 2006 at 2:00 p.m.

 

Recreation Superintendent Scott Hayden presented this matter to the Council. The parking around the Activity Center is a little bit of an unknown at this time.  There is some additional square footage of the building, but it has not been determined how the building is going to be used.  They think that the building will be used a lot of hours, but the amount of parking spaces is somewhat unknown.  There are currently 75 parking spaces along 5th Avenue and another 50+ spaces in the cul-de-sac by Park Elementary School.  The plan is to bank $100,000.00 away until the needs are known on how many spaces will be required.  That amount could be used for 36 parking stalls.  They do not want to take away park ground for parking if it is not necessary.  Those options are being considered carefully. Another thing they are going to do is to identify four existing stalls as ADA stalls (handicapped) that are easily accessible to the building.

 

Council member Clouse stated that the study session they had last week was very informative.  His concern prior to that had been about the lack of parking spaces.  When he heard the concerns on construction and bid pricing, he believed that the prudent thing to do was to “sit tight “and use this money for overruns, etc.  He did not think the City should lose sight of the parking and agreed with the proposed plan for parking.

 

Council member Lear stated that it is important to keep that parking in mind.   As this facility has larger events and more events it may promote more traffic.  We want to have a design that will add to and enhance a neighborhood and if this traffic promotes an overflow into the adjoining neighborhood, it could be a potential problem area.  This is a reasonable attempt to sit back and see what the usage is.  The creation of additional parking spaces does remove some park space which is unfortunate if that would happen, but he believed this is a good plan.

 

Council member Clouse stated one thing they have had with some other parks is the parking lot issues.  When we finish this one, he wants to be able to walk away from it and have it paid for and be something we can live with for many years.

 

Council member Buschkoetter stated that one thing to keep in mind is how much parking would be required if this were a commercial building.  This facility is a little different since there is already some parking in that area.  He agreed that if it is not necessary, to not tear up the park unless needed.  People go to the park for the green space. 

 

Moved by Hadley seconded by Clouse to approve the Plans and Specifications for the construction of the Harmon Park Activity Center and set the bid opening date for November 7, 2006 at 2:00 p.m. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Absent: Kearney. Motion carried.

 

SUPPLEMENTAL AGREEMENT NO. 2 WITH STATE, COUNTY AND CITY – KEARNEY EAST BYPASS

 

Mayor Hadley opened for discussion the Agreement No. 2 between the City of Kearney, Buffalo County, and the Nebraska Department of Roads for Project STPD-TMT-10-2(114) setting forth the funding obligations, the requirements for reimbursement to the State of the City’s and County’s funding share to construct the Kearney East Bypass and to consider approval of Resolution No. 2006-188.

 

Director of Public Works Rod Wiederspan presented this matter to the Council. On August 14, 2001, the City entered into an agreement with the State and County, which provided that the preliminary roadway and bridge designs and environmental documentation for the Kearney East Bypass.  On May 23, 2006 the City executed Supplemental Agreement No. 1 that provided for (1) a coordinated and cooperative plan for the completion of a bypass on the east side of Kearney, including a location and feasibility study, (2) the funding sources and obligations including authorized Federal High Priority, Discretionary, Demonstration, Section 115, and other Federal-Aid Funds, (3) the responsibilities of the parts for the preliminary engineering, and (4) the State to assume the role of lead agency upon completion of the Study.

 

As that study is nearing completion it is now necessary to enter into a supplemental agreement that spell out the responsibilities of the parties for the remainder of the work, funding for the project and upon completion of the bypass the relinquishment requirements that will alter the responsibility of certain roads with in the City and County including the closure of the Cherry Avenue and Antelope Avenue at-grade UPRR crossings.  This agreement will turn the project over to the State to assume the role of lead agency after the completion of the Environmental Study.

 

On February 28, 2005 the Federal Highway Administration (FHWA) authorized the project for Federal High Priority, Discretionary Earmarked Funds that will be utilized for the preliminary engineering, non-betterment utility relocations, right-of-way, construction and construction engineering costs of the project.  The total cost of the Project, including preliminary engineering, eligible non-betterment utility rehabilitation, right-of-way, construction and construction engineering costs, is estimated to be $36,359,765.00.  The City’s share currently estimated to be $5,052,554.00 includes the required 20% match to the Earmark Funds and 20% of all costs not funded by the Earmark Funds.  The City will apply our current balance and future yearly apportionments of Federal STP funds to the project until the city’s share is paid in full.

 

Part of the relinquishment agreement is that the City will take over 2nd Avenue within the City limits from the south end of the I-80 interchange to the north City limits line.  The County will take over 2nd Avenue from that point on out to Glenwood Corners and Highway 10 from the Minden Interchange up to Highway 30.  We will have the maintenance and upkeep on our portion after the overpass is built. 

 

Council member Lear asked at what point we would take over the operation of 2nd Avenue regardless of the construction of the Kearney East Bypass.  Director of Public Works responded that by state statutes once Kearney reaches the population of 40,000, it would automatically be in our jurisdiction that we would have to maintain 2nd Avenue.  Grand Island recently took over the highway through Grand Island and is responsible for the signal work, maintenance and improvements of that road system.  However, they still are not in total control of the traffic signal timing in Grand Islan d because it is still a state highway. In the case of 2nd Avenue, it will no longer be a state highway and so we will have total responsibility tuned over by the state.  We will continue to work with the state from now until the time we take it over to enhance it because according to state statutes it requires the road surface to be of quality standards before they can relinquish it to the City.  In accordance with the agreement, the state will give Kearney new controllers and signals that are current so the City has standard signals on the shelf and will be able to change them if something goes wrong. 

 

Council member Clouse stated that the state is working on the 2nd Avenue Interchange in the next couple of years and also from the Interchange up to 11th Street.  They have completed the 2nd Avenue Overpass so there is just a stretch from 25th Street to 39th Street that could be in question within the next two to three years.  Director of Public Works stated that stretch from 25th Street to 39th Street is in bad repair.  He was not sure if the state will use an asphalt overlay to get the right quality or if some structural reconstruction can be done in that area.  There is a project for the I-80 Overpass next year that will be the same type as they did for the 2nd Avenue Overpass this year.  The state also plans to overlay 2nd Avenue from south of the river bridge all the way up to 11th Street.  The City is working to replace some new curbing, landscaping on the islands and new lighting to replace some of the wooden polls that we have in conjunction with that state project. 

 

Moved by Clouse seconded by Lear to approve the Agreement No. 2 between the City of Kearney, Buffalo County, and the Nebraska Department of Roads for Project STPD-TMT-10-2(114) setting forth the funding obligations, the requirements for reimbursement to the State of the City’s and County’s funding share to construct the Kearney East Bypass and approve Resolution No. 2006-188. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Absent: Kearney. Motion carried.

 

RESOLUTION NO. 2006-188

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute Supplemental Agreement No. 2 between the State of Nebraska Department of Roads, the City of Kearney, and Buffalo County with regard to Project STPD-TMT-10-2(114) setting forth the funding obligations, the requirements for reimbursement to the State of the City’s and County’s funding share to construct the Kearney East Bypass Project. A copy of the said Supplemental Agreement No. 1, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 10TH DAY OF OCTOBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

CITY/COUNTY TRANSPORTATION INFRASTRUCTURE AGREEMENT

 

Mayor Hadley opened for discussion the Transportation Infrastructure Agreement between the City of Kearney, Nebraska and the County of Buffalo, Nebraska for the improvements of 11th Street from Avenue M east to Cherry Avenue Bypass, 56th Street from Avenue N to Airport Road, and Avenue M from 11th Street to 1st Street and to consider approval of Resolution No. 2006-189.

 

Director of Public Works Rod Wiederspan presented this matter to the Council. In accordance with the Interlocal Cooperation Act, Section 13-801 of the Nebraska Revised Statutes, a separate Transportation Agreement between the City of Kearney and Buffalo County will need to be executed by their respective officers. 

 

In this agreement the City agrees to:

  • Assume maintenance of 2nd Avenue within the City limits and clear snow on 2nd Avenue north to Glenwood Corners in the County.
  • The City will dedicate its present STP Funds, as well as future STP Funds for the City/County share of the Cherry Avenue bypass project at an estimated cost of $5,052,554.00.

 

The County agrees to:

  • Pave 11th Street from Avenue M east to Cherry Avenue by the end of 2011.
  • Pave 56th Street from the end of existing concrete east of Avenue N east to Airport Road, including the new entrance to the Kearney Municipal Airport by the end of 2013.
  • Pave Avenue M from 11th Street to 1st Street by the end of 2013.

 

All of the above referenced projects will be 24-foot wide concrete and will be completed in conjunction with the Cherry Avenue Bypass.

 

Director of Public Works stated that Buffalo County will not have any funding in the Cherry Avenue Bypass project; it is a City/State project.  There will be a number of roads that will need to connect to the bypass; 56th Street from Avenue N to the Airport, 11th Street from Cherry Avenue into Avenue M, and Avenue M improvements up to 11th Street.  The County will build these as their portion of the bypass project.  The Agreement with them has been signed and we will be working with the County to get this project built. 

 

Moved by Lear seconded by Buschkoetter to approve the Transportation Infrastructure Agreement between the City of Kearney, Nebraska and the County of Buffalo, Nebraska for the improvements of 11th Street from Avenue M east to Cherry Avenue Bypass, 56th Street from Avenue N to Airport Road, and Avenue M from 11th Street to 1st Street and approve Resolution No. 2006-189. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Buschkoetter. Nay: None. Absent: Kearney. Motion carried.

 

RESOLUTION NO. 2006-189

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Transportation Infrastructure Agreement between the City of Kearney, Nebraska and the County of Buffalo, Nebraska with regard to infrastructure in and around the Kearney and surrounding area setting forth the funding obligations. A copy of the said Transportation Infrastructure Agreement marked as Exhibit “A” is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 10TH DAY OF OCTOBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

OPEN ACCOUNT CLAIMS: NEBRASKA PUBLIC POWER DISTRICT - $138.94, FREMONT NATIONAL BANK - $39,348.08, SCHOOL DISTRICT #7 - $613.45

 

Moved by Buschkoetter seconded by Hadley that Open Account Claim in the amount of $138.94 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear. Nay: None. Clouse abstained. Absent: Kearney. Motion carried.

 

Moved by Hadley seconded by Clouse that Open Account Claim in the amount of $39,348.08 payable to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Clouse. Nay: None. Lear abstained. Absent: Kearney. Motion carried.

 

Moved by Hadley seconded by Clouse that Open Account Claim in the amount of $613.45 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Hadley, Lear, Clouse. Nay: None. Buschkoetter abstained. Absent: Kearney. Motion carried.

 

VII.    REPORTS

 

CLOSED SESSION

 

Moved by Clouse seconded by Lear that Council adjourn into closed session at 7:46 p.m. for the protection of the public interest and specifically for the discussion of possible acquisition of real estate. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Buschkoetter. Nay: None. Absent: Kearney. Motion carried.

 

Mayor Hadley restated the purpose of adjourning into closed session was for the protection of the public interest and specifically for the discussion of possible acquisition of real estate.

 

Moved by Lear seconded by Buschkoetter that Council reconvene in regular session at 7:58 p.m. Roll call resulted as follows: Aye: Hadley, Clouse, Buschkoetter, Lear. Nay: None. Absent: Kearney. Motion carried.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Hadley that Council adjourn at 7:59 p.m. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Absent: Kearney. Motion carried.

 

 

                                                                                    GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK