Kearney, Nebraska
October 24, 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 24, 2006, in the Council Chambers at City Hall. Present were:
Randy Buschkoetter, Vice-President of the Council; Michaelle Trembly, City
Clerk; Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce
Lear. Absent: Mayor Galen Hadley. 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: Barry Sherman, Dan Lindstrom,
Bob Lammers, Alex Straatman, Jim Lynaugh, Ron Tillery, John Lowe, Tim Lowe,
Kristi Potthoff, Janis Schulz, several boy scouts, Mike Konz from Kearney Hub,
Paul Wice from KGFW Radio, and NTV.
Notice of the meeting was given
in advance thereof by publication in the Kearney Hub, the designated method for
giving notice, a copy of the proof of publication being attached to these
minutes. Advance notice of the meeting was also given to the City Council
and a copy of their acknowledgment or receipt of such notice is attached to
these minutes. Availability of the Agenda was communicated in the advance
notice and in the notice to the Mayor and City Council. All proceedings
hereafter shown were taken while the meeting was open to the attendance of the
public.
I.
ROUTINE BUSINESS
INVOCATION
Reverend Ken Fairbrother from
Countryside Christian Church provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scouts from Troops 139 and 158
led the Council members and audience in the Pledge of Allegiance.
ANNOUNCEMENT
Vice-President Buschkoetter
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.
RECOGNITION
Vice-President Buschkoetter
recognized several Boy Scouts who were present in the audience working on their
Citizenship in the Community Merit Badge.
ORAL COMMUNICATIONS
There was no Oral Communications.
II.
UNFINISHED BUSINESS
There was no Unfinished Business.
III.
PUBLIC HEARINGS
CRA REDEVELOPMENT AREA #8 – BLIGHT
AND SUBSTANDED DETERMINATION
Council member Kearney vacated
his chair and abstained from discussion and voting on this matter. He is
the Personal Representative of one of the property owners located within
Redevelopment Area #8.
Vice-President Buschkoetter
stated that the public 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 needed to be removed from the table.
Moved by Clouse seconded by Lear
to remove from the table Public Hearing 1. Roll call resulted as
follows: Aye: Buschkoetter, Lear, Clouse, Kearney. Nay: None. Hadley
absent. Motion carried.
The Kearney Area Redevelopment
Authority (CRA) has been working with Urban Planning Consultants, Hanna:Keelan
Associates, on a blight study and redevelopment plan for Redevelopment Area # 8
in southwest Kearney. The CRA is requesting a recommendation of
acceptance and approval for the Blight Study and Redevelopment Plan. This
area is approximately 210 acres in size and extends south to Interstate 80,
north to 8th Street, east to 3rd Avenue, and west to approximately future 8th Avenue
extended south. The general
nature of land use and zoning in this area is a mix of commercial and
industrial.
The Redevelopment Plan is in
conformance with the Future Land Use Map of the City of Kearney Comprehensive
Development Plan. The proposed zoning categories depicted on the
Redevelopment Plan are based on the direction provided in the comp plan and are
suggested zoning alternatives. No property within the Redevelopment Area
will be rezoned solely as a result of the Planning Commission or City Council
action on this Redevelopment Plan. The zoning changes will take place in
the future as market forces cause developers to pursue development projects
within the redevelopment area. The plan paints a picture of what the area
might ultimately look like if the zoning recommendations are followed.
This approach allows for better planning for infrastructure such as sanitary
sewer, municipal water, storm drainage, and public streets.
In comparing the existing zoning
to the changes proposed in the Redevelopment Plan, there is an emphasis on
replacing industrial zoned property with residential property and some Urban
Corridor commercial zoning near the railroad tracks. The residential zoning
ranges from primarily R-1 with some R-2 and two large parcels shown as R-3.
Some general goals of the plan
include:
- Tax Increment Financing
incentives to develop undeveloped land within the redevelopment area in
accordance with the Redevelopment Plan.
- Improvements to existing
infrastructure to better serve the area.
- Use of existing water amenities
provided by the “sandpits” along I-80 to attract appropriate development.
- Improvement of the area street grid
for better traffic access and circulation.
- Screening and buffering of
heavy commercial and industrial uses.
- Improved pedestrian access and
connections to the Kearney Hike/Bike Trail system.
- Upgrade improvements for gravel
streets to paving.
Executive Director Barry Sherman
presented this matter to the Council. On April 20, 2006 the Community
Redevelopment Authority Board authorized consultant, Hanna Keelan Associates
out of Lincoln, to do a study along this area. The results of this study
were unanimously approved on August 24, 2006. At the September 15th
Planning Commission meeting, it was acknowledged that the Blighted and
Substandard Study and the zoning and land use conformed to the City’s
Comprehensive Plan which is outlined by statute. This would be the eighth
area in Kearney that has been designated as blighted. This would be the seventh
under the Community Development Law because there is another area under a
different statute that does not count for our purposes. This would bring Kearney to 19 percent of the City designated as blighted and substandard. Kearney is a First Class City and is allowed to have 35 percent City designated as
blighted and substandard so Kearney is well below that percentage.
Definitions are very important in
understanding what blighted and substandard really is and how important this
designation is to neighborhoods and the City. Substandard pertains to the
buildings and improvement structures within an area that we might be
addressing. There are four areas of concerns that are used to determine
if an area is substandard or not. The study showed that all four of these
considerations were a strong factor in this area. Blighted refers
to the general condition of the area and includes 12 areas of concerns.
In this case, six of the 12 had a strong presence in the area; four were a
reasonable presence and two were not found at all. These factors were
reasonably distributed throughout the area which is an important consideration
under the state law. The structure of the substandard areas are visually
inspected by the consultant which includes the buildings, such as
the roof top and wall structure, the existing materials used, the conditions of
the doors, porches, steps, etc. The blighted and substandard conditions
have been met.
Vice-President Buschkoetter asked
what the general blueprint of the zoning in the area would be. Mr.
Sherman stated that at this point and time, some of the zoning will change only
at the request of a developer or an individual owner in the area. The
zoning will basically change to an industrial or commercial type of
zoning. The industrial would be in the northwest portion of the area and
the commercial would be in the east and the south portion of the area.
These are the future recommendations of the study that will serve as a
guideline, but nothing changes until requested.
Vice-President Buschkoetter
stated that there were some concerns at the Planning Commission regarding the
M-1 zoning on the north because it does border a residential area. Mr.
Sherman stated that in the redevelopment plan it says, “we will be developing a
plan for screening and/or buffering of industrial outside storage areas from
residential or commercial land uses.” This is stated in two different places
in the plan. The importance of this would be stressed to any developer
with a project proposal. Any project that comes before the CRA Board
gives them and ultimately the Council a method of encouraging and stressing the
importance of proper screening and buffering.
Council member Lear stated that
because this area has been designated as blighted and substandard, there has
been some concern about the affect that it might have on the nearby property to
carry that label and be next to their property. He stated that what
this is actually about is providing some resources to help encourage good
development in this area in a way that is consistent with the existing and
future zoning. Mr. Sherman stated that lack of infrastructure improvements
is one of the main concerns, both on the North Channel of the Platte and on the
south side, especially going west from that area of 3rd Avenue where there are
commercial properties. Southwest of there the infrastructure needs to be
installed. This gives us an opportunity to aid in the development of that
infrastructure and thus encourage the type of development that everyone would
like to see in that area. This area is in a floodplain which will require
some additional work for the infrastructure and the sewer lines. One of
the things to keep in mind is if tax increment financing is utilized for the
sewer work, is part of that area is outside of the City limits at this
time. Any project that is brought to us would have to be annexed before
tax increment financing could be used. Once that is done, we can use the
increased valuation from a development to help the needs of the developer with
infrastructure. With possible funds generated by the development, we
could use increment financing along with real estate taxes to develop streets,
sewer lines, and accessibility and utility services.
Mr. Sherman stated that the study
also address a lot of other points: such as the poor conditions of the streets,
the lack of proper platting and the area in the south does not have the proper
metes and bounds, etc. There are many technical items that make up the
blighted area in addition to the visual items that are taken into
consideration. Vice-President Buschkoetter stated that “blighted” is the
term we use, but “underdeveloped” is a more accurate word. Mr. Sherman
stated once the designation is made it is usually refer to as a “redevelopment
area”.
There was no one present in
opposition to this hearing.
Moved by Lear seconded by
Buschkoetter to close the hearing and approve 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 and
approve Resolution No. 2006-182. Roll call resulted as follows: Aye:
Buschkoetter, Clouse, Lear. Nay: None. Kearney abstained. Hadley
absent. Motion carried.
RESOLUTION NO.
2006-182
WHEREAS, a blighted and substandard study and declaration, and adoption of a
redevelopment plan, is a requirement before an area can be considered eligible
for Tax Increment Financing; and
WHEREAS, Hanna:Keelan Associates conducted a survey to determine whether all or
part of an area in Kearney, Nebraska qualifies as a blighted and substandard
area within the definition set forth in the Nebraska Community Development Law,
Section 18-2103. Redevelopment Area #8 in the City of Kearney, Nebraska is
described as follows: 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; and
WHEREAS, Hanna:Keelan Associates submitted a document entitled “Kearney,
Nebraska Redevelopment Area #8, Blight/Substandard Determination Study &
Redevelopment Plan; August, 2006”, a copy of which marked Exhibit “A” is
attached hereto and made a part hereof by reference, and recommended that the
City find and determine the subject area to be “blighted and substandard” and
that the Redevelopment Plan be adopted, which document was reviewed, considered
and adopted by the Kearney Redevelopment Authority and by the Planning Commission
with the recommendation that the Council of the City of Kearney determine that
the City find the area to be “blighted and substandard” and that it adopt and
approve the Redevelopment Plan.
NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of
Kearney, Nebraska, that an area of the City of Kearney bounded as follows: 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 (known as Redevelopment Area #8) be, and is
hereby determined to be blighted and substandard and in need of redevelopment
in accordance with the terms and provisions of Section 18-2109, R.R.S.; and
further, that the Council of the City of Kearney hereby finds that the
Redevelopment Plan is in conformity with the requirements of Section 18-2116,
R.R.S. and hereby approves the Redevelopment Plan.
PASSED AND APPROVED THIS 24TH DAY OF OCTOBER, 2006.
ATTEST:
RANDY BUSCHKOETTER
MICHAELLE E.
TREMBLY
VICE-PRESIDENT OF THE COUNCIL
CITY
CLERK
AND
EX-OFFICIO MAYOR
IV.
CONSENT AGENDA
Vice-President Buschkoetter
stated the agenda has been amended to include Item 13 to approve the Veterans
Day Parade for November 11, 2006. Council member Clouse would like to
remove Item 10 from the Consent Agenda for discussion.
Moved by Buschkoetter seconded by
Kearney that Subsections 1 through 9 and 11 through 13 of Consent Agenda Item
IV be approved. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lear, Clouse. Nay: None. Hadley absent. Motion carried.
1.
Approve Minutes of the Study Session held October 3, 2006 and the Minutes of
the Regular Meeting held October 10, 2006.
2.
Approve the following Claims: A.M. Player $1,597.37 smcs; Ace Hardware $264.64
smcs; Advance Auto Parts $9.40 smcs; Alamar Uniforms $511.50 smcs; Alltel
$900.81 smcs; Alpha Video $185.00 smcs; Amazon $11.48 smcs; Amer Electric
$542.97 smcs,co; Amer Red Cross $35.00 smcs; Amoco Oil $29.20 smcs; Andersen
Wrecking $5.00 smcs; Anderson,B $21.40 smcs; Appliance Service Center $113.60
smcs; Ask Supply $121.50 smcs; Aurora Coop $59.20 smcs; Auto Glass Center
$174.26 smcs; Baker & Taylor Books $3,338.87 smcs; Bamford $961.86 smcs;
BBC Audiobooks $191.34 smcs; BD Construction $6,872.00 co; Beckenhauer,T $58.50
smcs; Best Lock $289.92 smcs; Blevins,D $186.60 smcs; Bluecross Blueshield
$60,335.42 smcs; Bobs Super Store $5.32 smcs; Bosselman $4,251.30 smcs; Bound
to Stay Bound $227.37 smcs; Boyd's Full Service $46.60 smcs; Brilliance Audio
$41.51 smcs; Broadfoots $1,506.50 smcs; Buffalo Co Court $348.29 ps; Buffalo Co
Reg of Deeds $24.00 smcs; Buggy Bath $8.50 smcs; Builders Warehouse $2,608.06
smcs,co; Buysm Sod $34.00 smcs; Cabela's $136.35 smcs; Capstone $5,034.20 smcs;
Cash-Wa Distributing $409.44 smcs,co; CED Enterprise $159.50 smcs,co; Centaur
$191.47 smcs; Central Auto Electric $194.25 smcs; Central Fire $66.00 smcs;
Central Hydraulic $1,076.18 smcs; Central NE Bobcat $130.71 smcs; Charter
$58.24 smcs; Child's World $1,776.85 smcs; City of Ky $72,832.83 smcs,ps; Cold
Spring Granite $138.34 smcs; College Savings Plan of NE $50.00 ps;
Communitylink $295.00 smcs; Concepts Machining $75.00 smcs; Construction Rental
$30.33 smcs; Copycat Printing $636.18 smcs; Cracker Barrel $20.94 smcs;
Crossroads Ford $37.67 smcs; CSI Essentials $35.39 smcs; Culligan $490.00
smcs,co; Cummins Central Power $129.07 smcs; Dandee Concrete $4,312.00 co;
Dawson Co PPD $21,027.35 smcs; Dell $239.78 smcs; Deterding's $34.11 smcs;
Diamond Vogel Paints $123.28 smcs; Doubletree Hotel $1,656.36 smcs; Dr Susteen
$41.94 smcs; Dubs $24.99 smcs; Dugan $3,412.91 smcs; Dutton-Lainson $140.15
smcs; Eakes $2,309.38 smcs,co; Ecolab $29.00 smcs; EDM Equipment $1,472.60
smcs; Eileens Cookies $20.50 smcs; Elvin Safety Supply $1,157.56 smcs;
Environmental Direct $9,190.00 co; Express Distributing $94.50 smcs; Fairbanks
$16,942.57 smcs,co; Farmers Union Coop $1,873.20 smcs; Fast Mart $143.04 smcs;
Fastenal $743.20 smcs; Fedex $26.07 smcs; Fiddelke Heating $415.24 smcs; Fire
Dept Training $196.05 smcs; Fire Protection $56.00 smcs; Fleetpride $631.24
smcs; Force America $96.47 smcs; FYR-TEK $18.98 smcs; Galeton Gloves $751.30
smcs; Galls $184.98 co; Garrett Tires $2,008.32 smcs; Glatter,LD $24.29 smcs;
Golf Course Superintendent $450.00 smcs; Goodwill Industries $15.00 smcs;
Gordon's Small Engine $139.99 smcs; Graham Tire $20.75 smcs; Grainger $718.91
smcs; Grand Central IGA $19.80 smcs; Great Plains One-Call $331.72 smcs; Grint,K
$42.28 smcs; Guideposts $16.94 smcs; H&H Distributing $156.00 smcs; Heiman
$128.30 smcs; Hilton Hotels $1,877.36 smcs; Hobby-Lobby $16.04 smcs; Hogan's
Sporting Goods $83.67 smcs; Holmes Plumbing $171.91 smcs; Hydrologic $377.22
smcs; ICMA RC $2,776.95 ps; IntelliCom $600.00 co; IRS $95,638.77 ps; Jack
Lederman $67.56 smcs; Jacks Small Engines $79.40 smcs; JCPenney $85.95 smcs;
Jim Wicht Construction $980.00 smcs; Johnstone Supply $246.84 smcs; JP Builders
$36.50 smcs; K&K Parts $388.18 smcs; Ky Clinic $1,250.00 smcs,ps; Ky
Concrete $8,871.35 smcs,co; Ky Country Club $2,266.00 smcs; Ky Crete &
Block $23.12 smcs; Ky Glass $4.75 smcs; Ky Hub $2,532.11 smcs; Ky Implement
$457.52 smcs; KVFD $2,000.00 smcs; Ky Warehouse $465.86 smcs; Ky Winlectric
$1,860.70 smcs,so; Ky Winnelson $175.68 smcs; Ky Yamaha $69.62 smcs; Kelly
Supply $740.00 smcs; Killion Motors $30.00 smcs; Kindermusik $196.00 smcs;
Kirkham Michael $44,949.59 smcs; KN Energy $1,306.10 smcs; Konica Minolta
$119.20 smcs; Krepel,J $338.37 smcs; Krueger,L $26.80 smcs; Laughlin,K $360.00
ps; Lawson Products $132.70 smcs; League of NE Municipalities $900.00 smcs;
Lerner Publishing $1,212.79 smcs; Lincoln Truck Center $55.79 smcs; Linweld
$1,368.24 smcs,co; Lips Printing $190.00 smcs; Little Caesar Pizza $110.00
smcs; Lock and Safe $449.00 smcs; Lockmobile $19.50 smcs; Lynaugh,J $317.25
smcs; Magic Cleaning $3,610.00 smcs; Mail Express $43.37 smcs; Main Event
$175.00 smcs; Marchand,M $135.00 smcs; Marlatt Machine Shop $1,014.54 smcs;
Marriott $539.12 smcs; Mattley Advertising $173.43 smcs; Maupin,E $21.00 smcs;
Mcmaster-Carr $192.12 smcs; Meadowbrook $1,250.42 smcs; Menards $5,333.41
smcs,co; Michael Todd $181.89 smcs; Mid America Sales $1,425.38 smcs; Mid Kan
Blueline $562.50 smcs; Middleton Electric $2,062.54 smcs; Midlands Contracting
$5,550.00 smcs; Midway Chrysler Dodge $10.34 smcs; Midwest Turf $201.67 smcs;
Miller Signs $315.00 smcs; Miska,F $950.00 smcs; Mollring,N $135.00 smcs;
Moonlight Embroidery $257.00 ps; Moss & Barnett $2,173.20 smcs; Motorola Direct
$111.66 smcs; Mr Automotive $2,341.20 smcs; Municipal Emergency Supp $672.92
smcs; Napa All Makes $1,393.06 smcs,co; Nat'l Fire Protection $1,421.70 smcs;
NE Chapter APWA $1,040.00 smcs; NE Child Support $2,341.36 ps; NE Dept of
Aeronautics $2,095.00 er,ds; NE Dept of Environmental $14,747.76 smcs; NE Dept
of Revenue $61,334.71 smcs; NE Machinery $282.86 smcs; NE Nat'l Bank $35,239.94
ds; NE Regional Library $10.00 smcs; NE Truck Center $385.21 smcs; NEland
Distributors $155.00 smcs; New Directions $5,973.60 smcs; New World Systems
$140.00 smcs; Newman Signs $103.75 smcs; Noffke,M $42.55 smcs; Norfolk Lodge
$132.60 smcs; Norm's Plumbing $326.55 smcs; Northern Tool $679.99 smcs;
Northwestern Energy $2,097.21 smcs; Novus $35.00 smcs; NRPA Housing $183.80
smcs; Office Depot $193.64 smcs; Office Max $259.24 smcs; Officenet $760.43
smcs; O'Keefe Elevator $512.01 smcs; Olsson Associates $2,332.40 smcs;
Omnigraphics $280.00 smcs; On-Site Mobile Sharpening $19.26 smcs; O'Reilly
$570.77 smcs; Orscheln $467.29 smcs; Outdoor Recreation $4,433.00 co; Overhead
Door $817.01 smcs; Oxford University Press $60.00 smcs; Paramount $601.36 smcs;
PBD Ala-graph Editions $243.39 smcs; PDR $59.95 smcs; Pennwell Books $553.00
smcs; Pioneer Revere $748.20 smcs; Platte Valley Comm $417.81 smcs; Platte
Valley Glass $41.16 smcs; Posguyscom $894.00 co; Power & Telephone Supply
$477.65 smcs; Praxair $22.37 smcs; Presto-X $50.00 smcs; Quill $179.99 co;
R&R Products $148.51 smcs; R.C. Booth $110.00 smcs; Random House $293.60 smcs;
Ready Mixed Concrete $1,778.63 smcs,co; Reams Sprinkler $5,690.92 smcs;
Recognition Unlimited $114.06 smcs; Recorded Books $12,263.03 smcs; Reliable
Chimes $119.60 smcs; Rourke Publishing $2,552.70 smcs; Sahling Kenworth $283.06
smcs; Sapp Brothers $17,578.50 smcs; Sara Lee Bakery $7.60 smcs; Senior
Hospitality Center $6,337.00 smcs; S-F Analytical Laboratory $683.00 smcs;
Shell Oil $75.51 smcs; Sheraton Hotels $651.08 smcs; Sherwin Williams $109.44
co; Shirt Shack $1,676.15 smcs; SI IGO Store Mobility $12.98 smcs; Softchoice
$1,319.88 co; Solid Waste Agency $55,347.15 smcs; Steinbrinks Landscaping
$1,353.34 smcs; Strategic Materials $303.32 smcs; Sunmart $165.77 smcs;
Teledyne $926.00 smcs; Thirsty's $4.80 smcs; Thomson Gale $67.40 smcs; Tiger
Direct $4,032.16 smcs,co; Tractor-Supply $674.53 smcs; Tri City Outdoor Power
$398.73 smcs; Unico Group $3,989.00 smcs; UNISYS $155.66 smcs; United Seeds
$574.90 smcs; Upbeat $1,281.30 co; UPS $113.95 smcs; US Bank $41,206.25 ds;
USPS $175.24 smcs; Van Diest Supply $5,393.38 smcs; Village Uniform $278.81
smcs; W.S. Darley $906.70 smcs; Waldenbooks $26.77 smcs; Wal-mart $718.62
smcs,co; Wiederspan,R $68.14 smcs; Wilke Donovans $306.55 smcs; Wilkins
Hinrichs Stober $25,739.86 co; Willis Shoe & Boot $446.31 smcs; Wittek Golf
Supply $272.13 smcs; Xpressmyself $17.94 smcs; Youths Safety $617.12 smcs;
Zimmerman Printers $1,533.00 smcs; Payroll Ending 10-14-2006 --
$277,492.57. The foregoing schedule of claims is published in accordance
with Section 19-1102 of the Revised Statutes of Nebraska, and is published at
an expense of $_________ to the City of Kearney.
3.
Receive recommendations of Planning Commission and set November 14, 2006 at
7:00 p.m. as date and time for hearing on those applications where applicable.
4.
Approve Application and Certificate for Payment No. 1 in the amount of
$82,260.00 submitted by Sargent Drilling Co. and approved by Miller &
Associates for the Northwest Well Field Development; Phase I – Municipal Water
Wells and approve Resolution No. 2006-190.
RESOLUTION NO. 2006-190
WHEREAS, Sargent
Drilling Co. of Broken Bow, Nebraska has performed services in connection with
the Northwest Well Field Development; Phase I – Municipal Water Wells, and the
City's engineer, Miller & Associates, have filed with the City Clerk Change
Application and Certificate for Payment No. 1 in the amount of $82,260.00 as
shown on Exhibit “A” attached hereto and made a part hereof by reference and as
follows:
|
Original Contract Sum
|
$2,364,294.50
|
|
Change Order – None
|
.00
|
|
Contract Sum To Date
|
2,364,294.50
|
|
Gross Amount Due
|
91,400.00
|
|
Retainage
|
9,140.00
|
|
Amount Due to Date
|
82,260.00
|
|
Less Previous Certificates for
Payment
|
.00
|
|
Current Payment Due
|
$
82,260.00
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 1, as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 24TH DAY OF OCTOBER, 2006.
ATTEST:
RANDY BUSCHKOETTER
MICHAELLE
E. TREMBLY
VICE-PRESIDENT OF THE COUNCIL
CITY
CLERK
AND
EX-OFFICIO MAYOR
5.
Approve Application and Certificate for Payment No. 1 in the amount of $16,969.05
submitted by Blessing, LLC and approved by Miller & Associates for the 2006
Part VI Improvements consisting of Paving Improvement District No. 2006-912 for
the alley lying west of 2nd Avenue from 22nd Street to 24th Street and approve
Resolution No. 2006-191.
RESOLUTION NO. 2006-191
WHEREAS,
Blessing, LLC of Kearney, Nebraska has performed services in connection with
the 2006 Part VI Improvements consisting of Paving Improvement District No. 2006-912
for the alley lying west of 2nd Avenue from 22nd Street to 24th Street, and the
City's engineer, Miller & Associates, have filed with the City Clerk Change
Application and Certificate for Payment No. 1 in the amount of $16,969.05 as
shown on Exhibit “A” attached hereto and made a part hereof by reference and as
follows:
|
Original Contract Sum
|
$125,243.50
|
|
Change Order – None
|
.00
|
|
Contract Sum To Date
|
125,243.50
|
|
Gross Amount Due
|
18,854.50
|
|
Retainage
|
1,885.45
|
|
Amount Due to Date
|
16,969.05
|
|
Less Previous Certificates for
Payment
|
.00
|
|
Current Payment Due
|
$ 16,969.05
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 1, as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 24TH DAY OF OCTOBER, 2006.
ATTEST:
RANDY BUSCHKOETTER
MICHAELLE
E.
TREMBLY
VICE-PRESIDENT OF THE COUNCIL
CITY
CLERK
AND
EX-OFFICIO MAYOR
6.
Approve Application and Certificate for Payment No. 1 in the amount of
$216,852.87 submitted by Midlands Contracting, Inc. and approved by Miller
& Associates for the 2006 Part III Improvements – Part A consisting of
Water District No. 2006-543 for 11th Avenue from the south line of Rapp
Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot
2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View
Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of
Block 2, Park View Estates Third; Water District No. 2006-544 for 17th Avenue
from 14th Street south to 11th Street; Sewer District No. 2006-486 for 11th
Avenue from the south line of Rapp Addition south to its terminus in a
cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block
3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place
as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third;
Sewer District No. 2006-487 for 17th Avenue from 14th Street south to 11th
Street and approve Resolution No. 2006-192.
RESOLUTION NO. 2006-192
WHEREAS,
Midlands Contracting, Inc. of Kearney, Nebraska has performed services in
connection with the 2006 Part III Improvements – Part A consisting of Water
District No. 2006-543 for 11th Avenue from the south line of Rapp Addition
south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of
Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View
Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of
Block 2, Park View Estates Third; Water District No. 2006-544 for 17th Avenue
from 14th Street south to 11th Street; Sewer District No. 2006-486 for 11th
Avenue from the south line of Rapp Addition south to its terminus in a
cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block
3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place
as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third;
Sewer District No. 2006-487 for 17th Avenue from 14th Street south to 11th
Street, and the City's engineer, Miller & Associates, have filed with the
City Clerk Change Application and Certificate for Payment No. 1 in the amount
of $216,852.87 as shown on Exhibit “A” attached hereto and made a part hereof
by reference and as follows:
|
Original Contract Sum
|
$307,098.50
|
|
Change Order – None
|
.00
|
|
Contract Sum To Date
|
307,098.50
|
|
Gross Amount Due
|
240,947.63
|
|
Retainage
|
24,094.76
|
|
Amount Due to Date
|
216,852.87
|
|
Less Previous Certificates for
Payment
|
.00
|
|
Current Payment Due
|
$216,852.87
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 1, as shown on Exhibit “A”, be and is hereby
accepted and approved.
PASSED AND APPROVED THIS 24TH DAY OF OCTOBER, 2006.
ATTEST:
RANDY BUSCHKOETTER
MICHAELLE
E.
TREMBLY
VICE-PRESIDENT OF THE COUNCIL
CITY
CLERK
AND
EX-OFFICIO MAYOR
7.
Approve the Plans and Specifications for the 2006 Part IX Improvements
consisting of 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 and Water District No. 2006-546 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 and set the bid opening date for November 13, 2006 at
10:00 a.m.
8.
Approve the request submitted by the Kearney Family YMCA to conduct the Turkey
Trot on November 23, 2006 beginning at 9:00 a.m. The route for the 2-Mile
Run/Walk is to begin/finish at the YMCA, south on 6th Avenue, west on 35th Street, south on 7th Avenue, southeast through Harmon Park to the intersection of 29th Street and 5th Avenue, north on 5th Avenue, west to 33rd Street, north on 6th Avenue to YMCA. The route for the 5-Mile Run is to begin/end at YMCA, south on 6th
Avenue, east on 33rd Street, south on 5th Avenue, west on 26th Street through
Campus, north on 15th Avenue, west on hike/bike trail, north on Country Club
Lane, east on 35th Street, north on 11th Avenue, east on 39th Street, north on
6th Avenue to YMCA.
9.
Approve the bids received for the 2006 Part VIII Sewer Main Improvements and
approve Resolution No. 2006-193 awarding the bid to Midlands Contracting in the
amount of $123,145.00.
RESOLUTION NO. 2006-193
WHEREAS, Miller & Associates and the City of Kearney have reviewed the
sealed bids which were opened on October 17, 2006, at 2:00 p.m. for the 2006
Part VIII Sewer Main Improvements; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $126,225.00;
and
WHEREAS, the
said engineers have recommended the bid offered by Midlands Contracting, Inc.
of Kearney, Nebraska in the sum of $123,145.00 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 Midlands Contracting, Inc. of Kearney, Nebraska be and is the
lowest responsible bidder for the 2006 Part VIII Sewer Main Improvements to be
constructed in accordance with the plans and specifications on file with the
City Clerk and that the bid of Midlands Contracting, Inc. of Kearney, Nebraska
in the sum of $123,145.00 be and is hereby accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
2006 Part VIII Sewer Main Improvements in the amount of $126,225.00 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 24TH DAY OF OCTOBER, 2006.
ATTEST:
RANDY BUSCHKOETTER
MICHAELLE
E.
TREMBLY
VICE-PRESIDENT OF THE COUNCIL
CITY
CLERK
AND
EX-OFFICIO MAYOR
11.
Approve the additional work for the Northwest Well Field Development; Phase I –
Municipal Water Wells and approve Resolution No. 2006-194.
RESOLUTION NO.
2006-194
WHEREAS, the City Council passed and approved Resolution No. 2006-158 on
September 12, 2006 awarding the bid for the construction of the Northwest Well
Field Phase I, Municipal Water Wells to Sargent Drilling of Broken Bow,
Nebraska in the amount of $2,364,294.50; and
WHEREAS, the test holes for each well has been completed and it has been
determined that it is necessary for the wells to be drilled deeper and that
additional column pipe and screen be added in order to optimize the well field
operation; and
WHEREAS, the City’s engineers, Miller & Associates, have recommended the
drilling deeper proceed in two phases, by drilling three wells and analyzing
the production of those three wells, then drilling the remaining wells deeper
if warranted; and
WHEREAS, the unit prices for drilling, screen, column pipe and other items were
bid by the foot in the original contract and those unit prices will be extended
to include this additional work and material for approximately $100,000.00.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that Sargent Drilling be authorized to proceed with the
additional drilling and materials needed as instructed by the City’s engineer,
Miller & Associates, that the cost of such work is approximately
$100,000.00 and that the contractor be allowed an additional sixty days for
analysis and the delivery of split loads of materials.
BE IT FURTHER RESOLVED that a change order to the contract amount be approved
at a later date based on the actual cost of the additional work.
PASSED AND APPROVED THIS 24TH DAY OF OCTOBER, 2006.
ATTEST:
RANDY BUSCHKOETTER
MICHAELLE
E. TREMBLY
VICE-PRESIDENT OF THE COUNCIL
CITY
CLERK
AND
EX-OFFICIO MAYOR
12.
Approve submitting a Storm Water Management Plan Program Grant Application to
the Nebraska Department of Environmental Quality regarding the implementation
of storm water management and approve Resolution No. 2006-195.
RESOLUTION NO.
2006-195
WHEREAS, THE City of Kearney has submitted a Storm Water Management Plan which
identifies the City of Kearney’s plan for compliance with National Pollutant
Discharge Elimination System – Phase II regulations; and
WHEREAS, the Nebraska Department of Environmental Quality has funds available
through a grant application process to help the communities implement the new
programs.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that the Mayor be and is hereby authorized and directed to
execute the Grant Application and all other necessary documents on behalf of
the City of Kearney, Nebraska. A copy of the Grant Application is
attached hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to submit the Grant Application to the Nebraska Department of Environmental
Quality.
PASSED AND APPROVED THIS 24TH DAY OF OCTOBER, 2006.
ATTEST:
RANDY BUSCHKOETTER
MICHAELLE
E.
TREMBLY
VICE-PRESIDENT OF THE COUNCIL
CITY
CLERK
AND
EX-OFFICIO MAYOR
13.
Approve the application submitted by Bill Crosier on behalf of the American
Legion Post 52 to conduct the Veterans Day Parade on November 11, 2006
beginning at 10:00 a.m. with the parade starting at Railroad Street, north on Central Avenue and ending at the parking lot located north of the Museum of Nebraska Art.
10.
Accept the report from the City Clerk on the insufficiency of objection/protest
filed in connection with Ordinance No. 7300 creating 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.
Director of Public Works Rod
Wiederspan stated that the objector to this district is what is considered a
side street assessment. This means that the particular lot in objection (Lot 3) does not actually abut the street that is going to be improved which is Country Club Lane. The way assessments of side streets work is determined is to either
go half way to the next intersection or 250 feet which ever comes first in the
zone. In this case, halfway to the next intersection falls about four
feet into Lot 2. On this side street assessment, they take the footage
along Country Club Lane and divide it evenly amongst three zones along 35th Street. The assessment of the first zone is assessed 50 percent of Country Club Lane and the second zone is assessed for a portion of the 27 percent zone, and
the furthest zone would be assessed at 23 percent. The way this lot lays
out, they would be responsible for a portion of the 27 percent zone and a
portion of the 23 percent zone.
Unfortunately, according to state
statutes, the protest is only allowed by abutting property owners on the street
being paved. This is the same process that we have followed in the
past. This lends itself to the older parts of town where we have the grid
system with blocks that are approximately 300 feet x 280 feet. By going
halfway to the next intersection, the thought is that everybody gets to
contribute to that side street. The corner lot gets more benefit from the
side street and therefore is assessed at the 50 percent. The theory is
the side street owner will travel on this street, so they reduce the rate to
this property. He spoke to the person who had written the letter of
protest after the last Council meeting and the City Clerk has also had
conversations with him.
Council Member Lear stated there
have been instances where homeowners have purchased property without an
understanding that this was likely to occur because you would not think about
it because the street in front of your house is already paved. He hoped
that in the future when there is a property pending for sale, at the closing it
poses a problem from a title company standpoint. Mr. Wiederspan stated on
a couple of situations where an individual wants to sell his house, the City
has estimated the cost after the project has been bid. The bid price is
based on units and once the project begins and it uses fewer units than the bid
amount, the City does not go back and reimburse that property owner. On
the other hand, if it ends up using more units than bid, the City has not gone
back and asked that property owner to pay more. They have not set up a
district where going into the project it is stated that this district is going
to be this exact amount of dollars to each property owner. Council member
Lear stated this situation is a little unique in the benefit it provides to the
homeowner on the side street. At the present time, this street does not
go anywhere, but the developer has agreed to extend the road in his next phase
all the way to 39th Street which will be the benefit derived in the next
year.
Moved by Kearney seconded by
Clouse that Subsection 10 of Consent Agenda Item IV be approved. Roll call
resulted as follows: Aye: Buschkoetter, Lear, Clouse, Kearney. Nay: None.
Hadley absent. Motion carried.
V.
CONSENT AGENDA ORDINANCES
ORDINANCE NO. 7304 – AMEND SECTION
8-804 OF KEARNEY CITY CODE
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 our 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 were identified. At the
May 9, 2006 Council meeting, the Council adopted the recommendations made by
Olsson Associates.
One of the recommendations was to
increase the speed limit on Avenue N from 27th Street north to the City limits
to 40 mph. After posting this section of roadway to 40 mph, City staff
received several complaints. Upon further review, City staff determined
it to be in the best interests of the citizens to reduce the speed back to 35
mph on Avenue N from 27th Street to 39th Street.
Director of Public Works stated
that when the study was done with Olsson Associates, the 40 mph speed limit was
set. Speed limits are set based on different criteria. In this
case, 85 percent of the traffic on Avenue N from 27th Street to 39th Street was traveling at 38.8 mph so the speed was adjusted up to 40 mph with the
thought the comfort of the public was to travel at that level. This
particular piece of road was built a little narrower because arterial roads
were previously built 44 foot wide. Comparatively today, the arterials are
constructed 48 foot wide giving more width in each lane. There are also a
number of driveway accesses entering onto the arterial on this street that is
no longer allowed today. North of 39th Street on Avenue N, there are a
limited number of driveways and side street accesses which allows this portion
to have higher speed. However from 27th Street to 29th Street on Avenue
N, it is a narrower stretch with access issues to driveways and side
streets. They concluded that the public is not comfortable driving at
that 40 mph speed on that portion. Staff is recommending the speed limit
of 40 mph be reduced back to 35 mph on Avenue N from 27th Street to 39th Street.
There has also been some
discussion among Council and citizens about Avenue N from 39th Street to 56th Street where it goes past the Middle School which is still 40 mph. Mr. Wiederspan
stated this stretch has limited access with very few driveways and limited side
streets. There are flashing yellow lights in a zone in front of the
school requiring speed to be reduced to 25 mph during school hours (7 a.m. to 4
p.m.). They believe that this portion of the road is built to handle the 40 mph
speed and people seem to be comfortable with it. They also have the
traffic engineers out of Lincoln looking at 56th Street and Avenue N to see if
it warrants a signal or not. If it does not warrant a signal, they are
looking into putting flashing red lights on top of the stop signs to draw more
attention. Last year they did put the “stop for pedestrians” in the
crosswalk ahead of the stop signs. They continue to look at the scenarios
of what they can do to improve awareness, not only at this intersection but at
other locations as well. They have also considered the radar signs that
flash your speed as you enter the school zone which can be effective.
They are costly (approximately $5,000 each) but they are looking into doing
something like that in the future. They continue to look for grant money
or other funds that are available to improve school crossing zoned areas.
City Manager Michael Morgan
stated that people get accustomed to the flashing lights in a school zone
because students are not often crossing. They have considered looking
into an activated flashing light that can be used by students when they
actually cross. There was some discussion about the existing activated
crossing on 39th Street just south of Windy Hills which is seldom used.
That one is mid block and not at the intersection because the Uniform
Traffic Control would not allow it to be put at the intersection. By the
warrants today, the consensus was that we would no longer qualify for that
signal by the number of students using it now. One drawback to the
activated signals is since the public is not used to watching for the signal at
the crossing; the children get a false sense of security when crossing and
might not be as aware that they must pay attention when crossing without a
signal. The data supports the severity of accidents in a signalized
intersection is much greater than any 4-way stop. The staff will look at
all options and will notify and involve the PTO in the area in order to address
all their questions. The report will then be brought back to the Council
for review.
Council Member Clouse introduced
Ordinance No. 7304, 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 Avenue N from 27th
Street north to 39th Street to 35 mph, 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: Buschkoetter, Lear, Clouse, Kearney. Nay: None. Hadley absent. 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. 7304 by number. Roll call of those in
favor of the passage of said ordinance on the first reading resulted as
follows: Aye: Buschkoetter, Lear, Clouse, Kearney. Nay: None. Hadley
absent. Motion carried. Ordinance was read by number.
Moved by Lear seconded by
Buschkoetter that Ordinance No. 7304 be passed, approved and published as
required by law. Roll call resulted as follows: Aye: Buschkoetter,
Clouse, Kearney, Lear. Nay: None. Hadley absent. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7304 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. 7305 – CREATE WATER
DISTRICT NO. 2006-546
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.
At the October 10, 2006 meeting
the Council created a paving improvement district for Country Club Lane form 35th Street north to the north line of Aspen Meadows Addition. On October 16, 2006 the
City received a telephone call from the developer requesting a water
improvement district for this same street.
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 Clouse introduced
Ordinance No. 7305, being Subsection 2 of Agenda Item V to create Water
District No. 2006-546 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, 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: Buschkoetter, Lear, Clouse, Kearney. Nay: None. Hadley absent. 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. 7305 by number. Roll call of those in
favor of the passage of said ordinance on the first reading resulted as
follows: Aye: Buschkoetter, Lear, Clouse, Kearney. Nay: None. Hadley absent.
Motion carried. Ordinance was read by number.
Moved by Lear seconded by
Buschkoetter that Ordinance No. 7305 be passed, approved and published as
required by law. Roll call resulted as follows: Aye: Buschkoetter,
Clouse, Kearney, Lear. Nay: None. Hadley absent. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7305 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 BILL ABOOD FOR 1/4 MILE WEST OF THE INTERSECTION OF 30TH AVENUE AND LONG ISLAND ROAD
Moved by Buschkoetter seconded by
Kearney to remove from the table Ordinance No. 7301. Roll call resulted
as follows: Aye: Buschkoetter, Kearney, Lear, Clouse. Nay: None. Hadley
absent. Motion carried.
Council Member Kearney introduced
Ordinance No. 7301, being Subsection 1 of Agenda Item VI to grant a Conditional
Use Permit to Deerfield LLC (Applicant) and William Abood and Gaylan Abood
(Owner) 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), 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: Buschkoetter, Lear, Clouse, Kearney. Nay: None.
Hadley absent. 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. 7301 by number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye:
Buschkoetter, Lear, Clouse, Kearney. Nay: None. Hadley absent. Motion carried.
Ordinance was read by number.
Moved by Clouse seconded by Lear
that Ordinance No. 7301 be passed, approved and published as required by law.
Roll call resulted as follows: Aye: Buschkoetter, Lear, Clouse, Kearney. Nay: None. Hadley absent. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7301 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.
CHANGING THE NAME OF THE KEARNEY MUNICIPAL AIRPORT
Vice-President Buschkoetter
opened for discussion the changing of the name of the Kearney Municipal Airport to the Kearney Regional Airport.
Airport Manager Jim Lynaugh
presented this matter to the Council. The Airport Advisory Board and the Air
Transportation Committee are seeking Council approval of renaming the
Airport. The reasons behind the change is from a marketing standpoint;
the word “regional” would reflect destination growth and offer more services
available from the airport. Vice-President Buschkoetter stated that
for many years Kearney has been more than just a City airport. He did not
think people realize that Kearney has actually had more enplanements then Grand Island’s regional airport.
Moved by Lear seconded by
Buschkoetter to approve changing the name of the Kearney Municipal Airport to the Kearney Regional Airport. Roll call resulted as follows: Aye: Buschkoetter,
Clouse, Kearney, Lear. Nay: None. Hadley absent. Motion carried.
OPEN ACCOUNT CLAIMS: NEBRASKA
PUBLIC POWER DISTRICT - $74,216.36; FREMONT NATIONAL BANK - $39,560.74; PLATTE
VALLEY STATE BANK - $1,314.64; STAN CLOUSE - $188.62
Moved by Buschkoetter seconded by
Kearney that Open Account Claims in the amount of $74,216.36 payable to
Nebraska Public Power District and in the amount of $188.62 payable to Stan
Clouse be allowed. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lear. Nay: None. Clouse abstained. Hadley absent. Motion carried.
Moved by Kearney seconded by
Clouse that Open Account Claims in the amount of $39,560.74 payable to Fremont
National Bank and in the amount of $1,314.64 payable to Platte Valley State
Bank be allowed. Roll call resulted as follows: Aye: Buschkoetter, Clouse, Kearney. Nay: None. Lear abstained. Hadley absent. Motion carried.
VII.
REPORTS
SMOKING POLICY
Council Member Clouse gave a
report on the Legislative Committee meeting he attended on September 27th
regarding the tobacco policy at the state level of the League. He stated the
discussion was mixed. There were several communities that expressed interest
and thought it should be done on a statewide level. There was discussion
if the League should put something together and get behind it, making it a
subject that the League would take to the Legislature. There were some
communities in favor of doing that. There were also an equal number, if
not more communities, that stated this is not an issue in their community and
they did not believe they should pursue it. The City of Lincoln already has a policy in place. Lincoln took the stand that if something
happens through the League that is fine, but they did not want to jeopardize
their policy. Council member Clouse pointed out that the League is not
going to take the lead in representing municipalities in presenting this type
of action to the Legislature. The League has always been a proponent for
local control. The feeling of the membership there was that this should be a local
control issue. The members present at the meeting did vote in favor of
the League supporting some statewide legislation if introduced by a state
senator during the next session. He again stated that the League will not
take the lead on this issue.
NEW AIRCRAFT AT THE AIRPORT
City Manager Michael Morgan
stated that Kearney will soon have the Brasilia aircraft with 30 seats,
restrooms and a flight attendant. On October 29th, this aircraft will be flying
out of Kearney, which is a huge customer service improvement from 19 seats to
30 seats. There will be an Open House on October 30th at 4:30 p.m. and
the public is invited.
SPENDING PLAN
City Manager Michael Morgan
stated the City has ended the fiscal year with revenues of $925,308.00 from the
sales tax, which is better than expected. They did expend some funds from CDBG,
during the first phase of year one. Some of that work is ongoing and some
nearing completion near Hammer Park with new paving, sidewalks and the
extension of Avenue K. There will be other sidewalks installed in the
area. There have been some funds expended for design on the Harmon Park Activity Center and the demolition which should be done in the next two
weeks. All the other funds have been carried over to the 2006-2007
year. They are anticipating $2.8 million in sales tax revenue with some
interest. They have the CDBG, $200,000.00 in miscellaneous street
repairs, and $30,000.00 for the installation of accessible curb ramps.
The completion of $1.85 million toward Harmon Park Activity Center will be paid in full. The Dryden Park restroom of $120,000.00 would be completed
and paid in full. The first year of the library expansion of $500,000.00,
fire department improvements (study and design) and extension of the park
trail, $140,000 in capital equipment will all be included next year. The
$200,000 is for on-going road repairs and not for any new streets. There
will be more projects scheduled for 2006-2007 in addition to the ones
mentioned. The City will probably have another listening session at the end of
the year to continue getting input from citizens.
NEW SIGNAGE FOR DOWNTOWN
Assistant to the City Manager
Amber Brown stated that the Downtown Kearney sign has now been put up on the
corner of Central Avenue and 25th Street near MONA. There is another
pylon structure located by the Library off 2nd Avenue where that sign should be
put up this week. Two sides of the sign say “Downtown Kearney” and the
other one says “The Bricks”. It is a great addition to the downtown area.
38TH STREET AND 2ND AVENUE
City Manager Michael Morgan
stated the work is complete well ahead of schedule on 38th Street and 2nd Avenue. He commended the Director of Public Works and the street crews.
Everyone agreed that the turning lanes were a big improvement.
VIII.
ADJOURN
Moved by Kearney seconded by
Clouse that Council adjourn at 8:08 p.m. Roll call resulted as follows: Aye:
Buschkoetter, Lear, Clouse, Kearney. Nay: None. Hadley absent. Motion
carried.
RANDY
BUSCHKOETTER
VICE-PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK