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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