View Other Items in this Archive | View All Archives | Printable Version

Kearney, Nebraska

February 13, 2007

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 February 13, 2007, in the Council Chambers at City Hall.  Present were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Bruce Lear, and Bob Lammers. Absent: None.  Michael 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: Brad Dush, Max Richardson, Bruce Grupe, Paul Brungardt, Barry Sherman, Jerry Becker, Marvion Reichert, Ron Tillery, Christine Walsh and 5 UNK students, 2 students from Kearney High School, Paul Wice from KGFW, and Mike Konz from Kearney Hub.

 

Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being attached to these minutes.  Advance notice of the meeting was also given to the City Council and a copy of their acknowledgment or receipt of such notice is attached to these minutes.  Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and City Council.  All proceedings hereafter shown were taken while the meeting was open to the attendance of the public.

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Mayor Clouse and Council members held a moment of silent prayer

 

PLEDGE OF ALLEGIANCE

 

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

 

ANNOUNCEMENT

 

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

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

AMENDMENT TO LAND USE MAP – NORTH OF 56TH STREET AND WEST OF 17TH AVENUE

 

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

 

Mayor Clouse opened the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Low Density Residential” to “Rural Estates” property described as the south 525.0 feet of the east 913.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 11.0 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (north of 56th Street and west of 17th Avenue) and to consider approval of Resolution No. 2007-19. Planning Commission recommended approval as long as the applicant is aware that future development in this area may bring public services to the site and when that occurs the applicant will be assessed for the services based on the front footage of the lot and the house must be connected to the services.  Due to the possibility of this requirement, staff has advised the applicant to place the house on the parcel in such a way that the land can be further subdivided to mitigate the cost of public services in the future.

 

The applicant is requesting approval to zone a tract of land that is approximately 11.0 acres located north of town in the Two-Mile Extra Territorial Zoning Jurisdiction.  The location is 7300 17th Avenue, on the west side of 17th Avenue approximately ½ mile north of 56th Street.  The proposed use is for a rural residence.  By state statute, a subdivision is not required since the parcel size exceeds 10 acres.

 

The Future Land Use Map of the City of Kearney Comprehensive Development Plan shows this area to be “Low Density Residential”.  The single rural lot will require amending the map to “Rural Estates”, the corresponding land use category for the requested zoning of Rural Residential District (Rural Standards).

 

The parcel in question has never been zoned so is considered Agricultural by default.  The rezoning request is from Agricultural to Rural Residential District (Rural Standards).  The house will be served by individual well and septic systems.

 

A similar large rural lot was rezoned in this area in July 2006.  Staff raised some concerns at that time about zoning a 10 plus acre tract for rural development in a location that will someday urbanize.  It may be many years to come and it may be sooner than we think, but someday in the future urban development will extend to this property.  DT Development has already started planning the development of the property east of 17th Avenue and south of 67th Street (Spruce Hollow).  Even though the DT Development project is commencing on the east end and working west, someday urban services will be extended west and north in 17th Avenue.  This property is across 17th Avenue and north from the DT Project in the 7300 block.  Staff wants to make sure the applicant is aware that future development in this area may bring public services to the site and when that happens two requirements will be triggered that have substantial cost implications for the owner.  First, the owner will be assessed for the services based on the front footage of the lot and second, the owner’s house(s) must be connected to the services.  The cost of urban services will be costly for a parcel of this size. Therefore, staff has advised the applicant to place the house on the parcel in such a way that the land can be further subdivided to mitigate the cost of public services in the future.

 

Brad Dush, 1019 11th Avenue, presented this matter to the Council. He is comfortable with the recommendations of City staff about the future possible financial implications of the development. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lammers to close the hearing and approve the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Low Density Residential” to “Rural Estates” property described as the south 525.0 feet of the east 913.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 11.0 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (north of 56th Street and west of 17th Avenue) and approve Resolution No. 2007-19. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-19

 

            WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of property described as the south 525.0 feet of the east 913.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 11.0 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (north of 56th Street and west of 17th Avenue), from “Low Density Residential” to “Rural Estates”, and

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

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

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Low Density Residential” to “Rural Estates” the use classification for the area described as a tract of property described as the south 525.0 feet of the east 913.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 11.0 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (north of 56th Street and west of 17th Avenue).

            PASSED AND APPROVED THIS 13TH DAY OF FEBRUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

REZONING  – NORTH OF 56TH STREET AND WEST OF 17TH AVENUE

 

Mayor Clouse opened the public hearing on the Application submitted by Brad Dush (Applicant) and Keith and Janice Kuebler (Owner) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as the south 525.0 feet of the east 913.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 11.0 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (north of 56th Street and west of 17th Avenue).

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Lear to close the hearing and approve the Application submitted by Brad Dush (Applicant) and Keith and Janice Kuebler (Owner) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as the south 525.0 feet of the east 913.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 11.0 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (north of 56th Street and west of 17th Avenue) with the understanding that the applicant agrees that future development in this area may bring public services to the site and when that occurs the applicant will be assessed for the services based on the front footage of the lot and the house must be connected to the services. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

REDEVELOPMENT PROJECT FOR REDEVELOPMENT AREA #8 – 300 3RD AVENUE

 

Mayor Clouse opened the public hearing on the redevelopment project for Redevelopment Area #8 for an area described as follows: a tract of land being a part of Government Lot 4 and accretions thereto in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: assuming the east line of said Section 11, Township 8 North, Range 16 West as bearing north and all bearings contained herein are relative thereto; referring the East Quarter corner of said Section 11; thence south on the east line of said Section 11 a distance of 312.45 feet; thence S89°45’W a distance of 57 feet to the ACTUAL PLACE OF BEGINNING; thence continuing on the last described course a distance of 196.96 feet; thence S88°30’W a distance of 816.5 feet to a ¾” gas pipe on the existing northerly high bank of the North Channel of the Platte River; thence downstream along the sinuosities of said northerly high bank S34°19’E a distance of 145.3 feet; thence S11°57’E a distance of 93.7 feet; thence S38°55’E a distance of 63.4 feet; thence S54°49’E a distance of 79.5 feet; thence S73°02’E a distance of 95.5 feet; thence S78°11’E a distance of 89.6 feet; thence S67°45’E a distance of 235.0 feet; thence N69°22’E a distance of 86.1 feet; thence N75°07’E a distance of 143.45 feet; thence N74°50’E a distance of 198.24 feet to a point, said point being 57 feet west of the east line of said Section 11; thence north a distance of 345.2 feet to the place of beginning, containing 8.05 acres, more or less, all in Buffalo County, Nebraska (300 3rd Avenue) and to consider approval of Resolution No. 2007-20.  Planning Commission recommended approval of the project to CRA Area #8 recognizing that the development plan package and subdivision plats will be forthcoming.

 

Recently, the City Council approved a Blight Study and Redevelopment Plan for Redevelopment Area # 8 in southwest Kearney as presented by the Kearney Area Redevelopment Authority (CRA).  This approval allows the use of Tax Increment Financing (TIF) to pay for public improvements in the redevelopment area and to encourage economic growth.   A multi‑plex theater with an estimated cost of $5.8 million has been proposed to occupy the tract known as Clyde and Vi’s Campground.  The development team is hoping to access some CRA TIF funding to offset some of the project development costs.  Staff and the CRA officials expressed some concerns regarding traffic accessibility and traffic flow in this area if it were to develop with a heavy traffic generator such as a theater complex.

 

A financial proposal was created to address these issues and presented to the City Council on December 26, 2006.  The developer requested a fast track decision on the financing of the project.  City Council approved the project as follows:

·         A traffic impact study is necessary to fully evaluate the impact of this project on the area roadway network.  The CRA has approved funding for up to $5,000 for the traffic study.

·         The full extent of the costs associated with road improvements will not be known until the traffic study is completed; however, best estimates are approximately $250,000 required for street paving, intersection and signalization improvements.

·         The CRA approved TIF funding for the theater project not to exceed $450,000 of an estimated maximum $500,000 in tax increment revenue.

·         $300,000 of the $450,000 is available to the developer for public improvements for the construction of the theater project while the remaining $150,000 is reserved for the City to use for traffic improvements that may be required as a result of the traffic study.  The $150,000 could possibly go to the developer as well, if outside agencies or the City Council allocated other monies to use towards traffic improvements. 

·         In the end, the City Council agreed to fund $175,000 of the $250,000 estimated street improvements with a financial commitment of $50,000 from The Development Council and $25,000 from the Kearney Visitors Bureau for a total of $250,000.

 

This means that the theater developer will have the full $450,000 in TIF funds to use towards eligible project costs.

 

The CRA and the developer’s representative provided this financial update to the Planning Commission at the January 16, 2007 meeting and also asked for a favorable recommendation for the theater project as the first project to CRA Area #8.  At that time, the developer had not submitted a development plan package as per planned district requirements or a subdivision plat; however, the Development Plans and Preliminary Plat have been submitted for the February 16, 2007 Planning Commission meeting.  A Final Plat is also required and must be submitted to Planning Commission and City Council in the future before construction can commence. 

 

CRA Executive Director Barry Sherman presented this matter to the Council. He wanted to make a correction on the figures presented on the application for the Tax Increment Financing for this project.  Page 7 of that report listed the total expenses as $5.8 million which is correct.  However, the item for site development was listed as $121,754 which should have been $1,121,754.  In the early copies, he received of the application that item was incorrectly listed.  As it happened, that was the copy he gave to the City Clerk to make copies for the Council.

 

Steve England has been representing the developer on this project, but he was unable to attend the meeting.  Mr. Sherman said he would be reporting on Mr. England’s behalf, as well as for the CRA. 

 

The redevelopment plan for this area recommends C-2 zoning, which it is presently zoned and the future land use for commercial and recreational development.  This project falls within those classifications.  This project will be a great addition to the City of Kearney from I-80 and the south.  The developers are purchasing eight acres on the north side of the North Channel of the Platte River.  At this time, they will be developing approximately the east half of the area.   

 

The process will be to remove the existing office building, swimming pool, trees and shrubs and other debris from the property.  There will be infrastructure needs such as; water and sewer connections, older electrical hookups will need to be replaced with new electrical connections to the new building.  Other site preparations will be earth moving and bringing in fill.  They will need to widen and concrete the entrance and add a parking lot, outside lighting and fencing.  There will be quite a bit of expense in refurbishing and removal on the site.  When complete, the building will consist of eight separate venues with various capacities of seating for a total capacity of 1,290 patrons.  The parking lot will accommodate approximately 325 vehicles.  The building will have a spacious lobby for concessions, etc.  The total improvements that qualify under the TIF guidelines would be $1,050,000.

 

The complex will not only be attractive for the Kearney citizens, but will also attract the area customers including the tourists and conventioneers that are visiting on a daily basis.  The need for a new theater complex has been indicated by various people throughout the community.  Various companies that look to Kearney for development possibilities in the entertainment venues have also indicated a need.  Kearney is growing in many other ways, but it also important to keep pace in this type of entertainment capacity.  The CRA believes that this new theater is very important and will add to the attractiveness of the tourist area including the restaurants and motels in the area. 

 

For those who have lived in the Kearney community for a long time are probably aware that over the years they have tried to do things that will improve the entrance to the City coming in from the Interstate and the south.  It has sometimes been a battle to get some of the improvements done that they would like to see.  He believed this will have a positive impact on that area and for the community as a whole. 

 

At the present time, the property has a real estate valuation of $373,000.  The estimated increment in valuation when this project is completed is $2,180,000, which will produce an additional annual real estate tax of $40,530.00 based on the present levy rate.  Over a period of 14 years, that would produce $567,000.00 in additional taxes.  The amount of money this project potentially qualifies for from TIF is $1,050,000.  The amount originally requested by the applicant was $500,000 in TIF. The amount that CRA awarded and recommend to the Council is $450,000.  Even with this amount of TIF awarded, the amount of new real estate taxes that this would produce would basically double what that property now produces.  This would be a little over $8,000 per year that would be distributed to the various political subdivisions and entities even though they are taking TIF out of it. 

 

Mr. Sherman pointed out that the total equipment expense listed is $1,300,000 which will be taxed as personal property and is not included in the TIF.  TIF only applies to real estate taxes.  This $1,300,000 will initially be generated in the equipment valuation that will be purchased for this project.  This plan is only partially completed and the site plan and development plan will be presented to the Planning Commission on February 16, 2007 and will come back to the Council for approval.

 

Council member Kearney stated he thought that the Council had already approved this project at an earlier meeting.  City Manager Michael Morgan responded that this project was brought to the Council early on behalf of the developer to discuss the financing arrangement because there was a cooperative agreement with the City, the Visitors Bureau, the Development Council and the CRA on this project.   That was not for the CRA issuance, but to insure that we did not have the developer move along in this project, as they had committed a minimum amount of money they needed in association with this area not just this project for some traffic related improvements.  Part of those improvements includes doing a study for the area which the CRA has funded and the results will be brought back for review.  Although the Council has seen this project before, it was not for this purpose.  This is specific to the CRA application.  It will be back to the Council for approval of the development plan, a preliminary plat and a final plat.   

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the redevelopment project for Redevelopment Area #8 for an area described as follows: a tract of land being a part of Government Lot 4 and accretions thereto in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: assuming the east line of said Section 11, Township 8 North, Range 16 West as bearing north and all bearings contained herein are relative thereto; referring the East Quarter corner of said Section 11; thence south on the east line of said Section 11 a distance of 312.45 feet; thence S89°45’W a distance of 57 feet to the ACTUAL PLACE OF BEGINNING; thence continuing on the last described course a distance of 196.96 feet; thence S88°30’W a distance of 816.5 feet to a ¾” gas pipe on the existing northerly high bank of the North Channel of the Platte River; thence downstream along the sinuosities of said northerly high bank S34°19’E a distance of 145.3 feet; thence S11°57’E a distance of 93.7 feet; thence S38°55’E a distance of 63.4 feet; thence S54°49’E a distance of 79.5 feet; thence S73°02’E a distance of 95.5 feet; thence S78°11’E a distance of 89.6 feet; thence S67°45’E a distance of 235.0 feet; thence N69°22’E a distance of 86.1 feet; thence N75°07’E a distance of 143.45 feet; thence N74°50’E a distance of 198.24 feet to a point, said point being 57 feet west of the east line of said Section 11; thence north a distance of 345.2 feet to the place of beginning, containing 8.05 acres, more or less, all in Buffalo County, Nebraska (300 3rd Avenue) and approve Resolution No. 2007-20 subject to approval of the development plans and final plat by the Planning Commission and City Council prior to commencing any construction on the project. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-20

 

            WHEREAS, the City of Kearney, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and

            WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 1991, as amended (the “Act”), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and

            WHEREAS, the City has previously declared an area of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and

            WHEREAS, the Community Redevelopment Authority of the City of Kearney, Nebraska (the “Authority”), has prepared a Redevelopment Plan No. 8 pursuant to Section 18-2111 of the Act (“Redevelopment Plan”), and recommended the Redevelopment Plan to the Planning Commission of the City; and

            WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to the Act and submitted its recommendations, if any, to the City, pursuant to Section 18-2114 of the Act; and

            WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, if any, and following the public hearing with respect to the Redevelopment Plan, this City approved the Plan; and

            WHEREAS, there has been presented to the City by the Authority for approval pursuant to and in accordance with Section 18-2119 of the Act a specific Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, as legally described as a tract of land being a part of Government Lot 4 and accretions thereto in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: assuming the east line of said Section 11, Township 8 North, Range 16 West as bearing north and all bearings contained herein are relative thereto; referring the East Quarter corner of said Section 11; thence south on the east line of said Section 11 a distance of 312.45 feet; thence S89°45’W a distance of 57 feet to the ACTUAL PLACE OF BEGINNING; thence continuing on the last described course a distance of 196.96 feet; thence S88°30’W a distance of 816.5 feet to a ¾” gas pipe on the existing northerly high bank of the North Channel of the Platte River; thence downstream along the sinuosities of said northerly high bank S34°19’E a distance of 145.3 feet; thence S11°57’E a distance of 93.7 feet; thence S38°55’E a distance of 63.4 feet; thence S54°49’E a distance of 79.5 feet; thence S73°02’E a distance of 95.5 feet; thence S78°11’E a distance of 89.6 feet; thence S67°45’E a distance of 235.0 feet; thence N69°22’E a distance of 86.1 feet; thence N75°07’E a distance of 143.45 feet; thence N74°50’E a distance of 198.24 feet to a point, said point being 57 feet west of the east line of said Section 11; thence north a distance of 345.2 feet to the place of beginning, containing 8.05 acres, more or less, all in Buffalo County, Nebraska (300 3rd Avenue); and

            WHEREAS, the City Council has determined that the proposed Redevelopment Project would not be economically feasible without the use of tax increment financing; that the proposed Redevelopment Project would not occur in the community without the use of tax increment financing, and; that the costs and benefits of the proposed Redevelopment Project have been found to be in the long-term best interests of the community.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that:

1.   The Redevelopment Plan of the City previously approved for the area described on the attached Exhibit “A”, including the Redevelopment Project legally described as a tract of land being a part of Government Lot 4 and accretions thereto in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: assuming the east line of said Section 11, Township 8 North, Range 16 West as bearing north and all bearings contained herein are relative thereto; referring the East Quarter corner of said Section 11; thence south on the east line of said Section 11 a distance of 312.45 feet; thence S89°45’W a distance of 57 feet to the ACTUAL PLACE OF BEGINNING; thence continuing on the last described course a distance of 196.96 feet; thence S88°30’W a distance of 816.5 feet to a ¾” gas pipe on the existing northerly high bank of the North Channel of the Platte River; thence downstream along the sinuosities of said northerly high bank S34°19’E a distance of 145.3 feet; thence S11°57’E a distance of 93.7 feet; thence S38°55’E a distance of 63.4 feet; thence S54°49’E a distance of 79.5 feet; thence S73°02’E a distance of 95.5 feet; thence S78°11’E a distance of 89.6 feet; thence S67°45’E a distance of 235.0 feet; thence N69°22’E a distance of 86.1 feet; thence N75°07’E a distance of 143.45 feet; thence N74°50’E a distance of 198.24 feet to a point, said point being 57 feet west of the east line of said Section 11; thence north a distance of 345.2 feet to the place of beginning, containing 8.05 acres, more or less, all in Buffalo County, Nebraska (300 3rd Avenue), is hereby determined to be feasible and in conformity with the general plan for the development of the City of Kearney as a whole and the Redevelopment Plan, including the Redevelopment Project identified on the attached Exhibit “A”, is in conformity with the legislative declarations and determinations set forth in the Act;

2.   The City Council hereby determines that the proposed Redevelopment Project would not be economically feasible without the use of tax increment financing; that the proposed Redevelopment Project would not occur in the community without the use of tax increment financing, and; that the costs and benefits of the proposed Redevelopment Project are found to be in the long-term interests of the community.

3.   Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in accordance with the Act,

4.   Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in a redevelopment project for the benefit of any public body, included or authorized in the Plan which is legally described as a tract of land being a part of Government Lot 4 and accretions thereto in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: assuming the east line of said Section 11, Township 8 North, Range 16 West as bearing north and all bearings contained herein are relative thereto; referring the East Quarter corner of said Section 11; thence south on the east line of said Section 11 a distance of 312.45 feet; thence S89°45’W a distance of 57 feet to the ACTUAL PLACE OF BEGINNING; thence continuing on the last described course a distance of 196.96 feet; thence S88°30’W a distance of 816.5 feet to a ¾” gas pipe on the existing northerly high bank of the North Channel of the Platte River; thence downstream along the sinuosities of said northerly high bank S34°19’E a distance of 145.3 feet; thence S11°57’E a distance of 93.7 feet; thence S38°55’E a distance of 63.4 feet; thence S54°49’E a distance of 79.5 feet; thence S73°02’E a distance of 95.5 feet; thence S78°11’E a distance of 89.6 feet; thence S67°45’E a distance of 235.0 feet; thence N69°22’E a distance of 86.1 feet; thence N75°07’E a distance of 143.45 feet; thence N74°50’E a distance of 198.24 feet to a point, said point being 57 feet west of the east line of said Section 11; thence north a distance of 345.2 feet to the place of beginning, containing 8.05 acres, more or less, all in Buffalo County, Nebraska, shall be divided, for a period not to exceed 15 years after the effective date of the provision, which effective date shall be February 13, 2007, as follows:

            a.   That proportion of the ad valorem tax which is produced by the levy at the rate fixed each year by or for each public body upon the redevelopment project valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as are all other taxes collected by or for the body; and

            b.   That proportion of the ad valorem tax on real property in the redevelopment project in excess of such amount, if any, shall be allocated to and, when collected, paid into a special fund of the Authority to be used solely to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, the redevelopment project.  When such bonds, loans, notes, advances of money, or indebtedness, including interest and premiums due, have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon taxable real property in such a redevelopment project shall be paid into the funds of the respective public bodies.

            c.   Any interest and penalties due for delinquent taxes shall be paid into the funds of each public body in the same proportion as are all other taxes collected by or for the public body.

      5.   The Mayor and City Clerk are authorized and directed to execute and file with the Treasurer and Assessor of Buffalo County, Nebraska, an Allocation Agreement and Notice of Pledge of Taxes with respect to the Redevelopment Project substantially in the form attached hereto as Exhibit “B” with appropriate insertions.

            PASSED AND APPROVED THIS 13TH DAY OF FEBRUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

CITY OF KEARNEY CAPITAL IMPROVEMENT PLAN

 

Mayor Clouse opened the public hearing on the Capital Improvement Plan for the City of Kearney, Nebraska.

 

In order to maintain and improve public infrastructure and to complete the capital projects presented by the citizens, the citizens approved the ½ percent sales tax.  One of the major goals of the community and City Council was to replace the Harmon Park Activity Center.  This project is currently underway with completion this spring.  The Council will conduct a public hearing on the Capital Improvement Plan to allow citizens to give input. The City has created a fund entitled “Special Sales Tax – Capital Improvements/Equipment Fund” to place the proceeds of the ½¢ sales tax. The ½¢ sales tax collected will be used specifically for funding capital improvements/equipment.

 

City Manager Michael Morgan presented this matter to the Council. During the “Special Sales Tax” for capital improvements they discussed holding hearings throughout the year and a formal public hearing at least once a year.  Throughout any given period, they receive comments from citizens regarding proposed sales tax projects and will continue to identify and list those projects as they move through the history of this in the financing. 

 

City Manager highlighted some of the upcoming projects on the financing report for the anticipated $2.8 million in funds to be collected:

  • Two years of the three year CDBG program for southeast Kearney has been budgeted.
  • There will be miscellaneous street repairs of $200,000.  
  • Specific money has been set aside to construct a trail that goes under 2nd Avenue which has been engineered at a cost of about $10,000. 
  • $30,000 will be used for ADA ramp improvements.
  • The Harmon Park Activity Center will be completed this year at a cost of $1.9 million.  
  • $120,000.00 is scheduled for the Dryden Park restrooms to be completed this year. 
  • This is the first year of the Library expansion “saving program” in the amount of $500,000, which overtime will accumulate to the designated amount of $4 million. 
  • There are some future fire department improvements using a study to look at a fire station location and some related land, but this has no capital project cost at this time. 
  • There is some large capital equipment to be purchased at a cost of $140,000 that has been budgeted. 

 

In looking at 2007-2008, those projects dramatically increase and there are a lot of new projects that have been added:

  • 2007 will be the first year of the gravel street program that the City has adopted.  There have already been assessment districts approved by Council; so those first in line will be eligible for that 50/50 program. 
  • South Central Avenue curbs and sidewalks will be a cost sharing project. 
  • There are numerous bond projects. 
  • $800,000 will be saved for the Library as that amount increases. 
  • There will be some airport improvements.
  • Some funds set aside for skate parks. 

 

City Manager stated there have been some additional requests received that will be put on the list:

  • An indoor batting facility which has been proposed as a public/private partnership. 
  • An outdoor roller hockey rink at Apollo Park contingent on the recreational immunity bill. 
  • There was some input on a future landscaping plan for the City to try to catch up with all the tree damage. 
  • Improvements at Harvey Park tennis courts are still being considered. 
  • Another project they received is a dog park project that has been funded out of the regular Park & Recreation fund.  The City is working with the Humane Society to see if we could do a joint agreement with them to have that project located adjacent to their facility. 

 

Mayor Clouse stated another important component of this budgeting is a year end report so that the public can see exactly where the money has been spent for the ½ cent portion of this.  City Manager stated they had done that meeting a while back for 2006 and there is always an updated version on the City website as well as the ability to submit suggestions.

 

Marvion Reichert, 18 Rolling Hills, stated there was no mention of a new facility for a Senior Center.  Mr. Morgan stated there is a program starting in 2008 to save funds for a Senior Center project from 2008 to 2011 that is on the list.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Clouse to close the hearing and approve the Capital Improvement Plan for the City of Kearney, Nebraska. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

ONE & SIX YEAR STREET IMPROVEMENT PLAN

 

Mayor Clouse opened the public hearing on the One and Six Year Street Improvement Plan and to consider approval of Resolution No. 2007-21.

 

The Department of Roads, and each county and municipality shall develop and file with the Board of Public Roads Classifications and Standards a long-range, six-year plan of highway, road and street improvements based on priority of needs and calculated to contribute to the orderly development of an integrated statewide system of highways, roads, and streets.  In accordance with Section 39-2119 of the Nebraska Revised Statutes, the City of Kearney is required to submit to the Nebraska Department of Roads (NDOR) a One and Six Year Plan for street improvements prior to March 1 of each year. City Council has received the proposed plan and, in accordance with the law, must conduct a public hearing for soliciting input from the Council and citizens.

 

City Engineer Bruce Grupe presented this matter to the Council.  He gave the highlights of projects to be done this year.  Projects on the one year plan are: 39th Street from Pony Express to 2nd Avenue, South Central Avenue curbs and sidewalks, resurfacing 2nd Avenue from 11th Street south to the City Limits, including upgrading the structure over the Interstate, in conjunction with the Department of Roads. Another important project is the signal on 56th and Avenue N to be completed by the start of school next year.  There are 5 City blocks being done under grant projects.  A couple of new housing developments, Spruce Hollow located at 60th Street and 6th Avenue, Fountain Hills located beyond 11th Avenue and north of 39th Street, and Aspen Meadows on Country Club Lane.  They have another project coming forward that would allow the extension of Country Club Lane to 39th Street. 

 

During 2008-2009, reconstruction of 39th Street from Avenue M to Pony Express Road will be done in two projects with the dividing line being Avenue E.  The Department of Roads has notified the City they are going to work on 25th Street in two projects; Avenue B to Avenue E and Avenue I to Avenue L.  There is a need to catch up the paving infrastructure on the edges of town where the City limits have grown.  They also want to upgrade 30th Avenue by Lighthouse Point to City standards.  There are two pieces on 56th Street around Ace Hardware and south of Eastbrooke that need upgrading.  There is also a need to continue the reconstruction of Central Avenue from 11th Street north to the railroad tracks.  The curb repairs are not included in the street reconstruction.  Central Avenue north of 25th Street to 31st Street is also in need of improvement and getting difficult to maintain.  They would like to look at that project in 5-6 years and upgrade it with some medians and beautification.   Another important project to the City is the Cherry Avenue Interchange.  They are close to getting the EA completed and will be having a public hearing in the future on that project.

 

Mayor Clouse asked if we had information from the State regarding 25th Street near Rolling Hills.  Director of Public Works Rod Wiederspan stated the preliminary layout was presented about 3-4 months ago, but have received nothing back from the State.  It is quite a ways out on the State’s projections and not on their Six Year Plan.

 

Council member Lammers asked if that section of 39th Street from Avenue M to Pony Express Road is going to be widened.  City Engineer stated that approximately three years ago, 39th Street was widened from Avenue N to Avenue M to 5-lane sections.  There are pieces that are substandard from Pony Express to Avenue M where it needs to be widened from 44 foot to 48 foot wide.  They will look at the need for left hand turn lanes at Avenue E.  They will also study Avenue I, which is one of the City’s major traffic carriers and build what is needed in the future. 

 

Council member Lammers asked if the City had the ability to move parking back further than it is now from the corner of 39th Street and Avenue E.  He has been told that sometimes it is difficult to see because if there is a vehicle parked there it obstructs the view.  Director of Public Works stated that parking has been moved back to the south slightly; however, the problem with moving it back any further is that they would be taking parking away from residents in front of their homes.  When putting in the 39th Street signalization, one of the big contentions was abutting properties on the intersection losing all their parking in front of their homes.  According to the agreement, the City has removed parking just about as far as it can and still allow them to have one stall in front of their house.  Staff will have to look at that in the future if the City decides to install left turn lanes and widens 39th Street.   

 

Marvion Reichert, 18 Rolling Hills, wanted to know if there was any plan on 39th Street to continue paving west of 30th Avenue.  City Manager responded this is not on the City’s One and Six Year Plan. It would be the County’s responsibility to build majority of it.  The original agreement with the property owner was not to allow additional construction in that area.  From a City standpoint, with the existing road infrastructure that is currently of need, the City is not looking to build new.  It would be the property owner’s responsibility to work with the County to extend it.  That project was estimated right at $1 million and the County has not agreed to do it.   

 

Mr. Reichert stated that there was talk at the County’s One and Six Year Plan meeting that they are planning for it.  It is difficult to get onto Highway 30 at peak traffic times and that is their only option.  He also complained about the dip in the highway right in front of the entrance to Rolling Hills.  Director of Public Works stated that the State has that in their plan to work on that area within the next 8-10 years.  He stated that the State has recently moved back the date on a lot of their projects.  Mr. Reichert also stated the bridge going into their area is in need of repair.  Mayor Clouse stated although he did not know who is responsible for the bridge he would follow up on it for Mr. Reichert.  City Manager stated in his meeting with the League, he heard a lot of comments about delays in many of the State projects, as well as putting many of them on hold.  Any projects that include a State component are very uncertain at this time. 

 

Tim Trompke, 1904 7th Avenue, stated that it seems that 5th Avenue north of Railroad Street is under constant repair.  He drives it everyday to get to 22nd Street.  When the overpass was being built, 5th Avenue received a lot of traffic.  He thought that it needs to be repaved from Kenwood Elementary to 25th Street, especially over the tracks.  Director of Public Works stated that is one of the asphalt streets that was resurfaced a number of years ago.  That area was one of the first ones done and probably receives the heaviest traffic volume since it is a collector.  He agreed that the City needs to mill it off and put in another two inches and will be included with the other streets being considered.  This would be more of a maintenance issue that the City needs to budget for in the future and probably would not need to be on the One and Six Year Plan.  

 

City Manager stated this is a good example of the types of projects the City needs to get on the lists and look at the ongoing street maintenance.  They have been working diligently to get improvements on the tracks because they are in very bad shape.  Director of Public Works stated that they will be doing that this spring.  They had hoped to get it done last fall but the weather turned bad.  They are working with the railroad to get it done.  Between North Railroad Street and the tracks there is a piece that is very rough that they are going to try to improve it this spring.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Kearney to close the hearing and approve the One and Six Year Street Improvement Plan and approve Resolution No. 2007-21. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-21

 

            WHEREAS, the City of Kearney, Nebraska is required by Section 39-2119 of the Nebraska Revised Statutes to adopt a One and Six Year Street Improvement Program.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, at a Public Hearing held at approximately 7:00 p.m. on February 13, 2007, in the Kearney City Council Chambers that the One Year City Street Plan for fiscal year ending September 30, 2008 and the Six Year City Street Plan ending September 30, 2013, are hereby adopted as listed on the Summary of One Year Plan and the Summary of Six Year Plan, marked as Exhibit “A” attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 13TH DAY OF FEBRUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

Moved by Kearney seconded by Lammers that Subsections 1 through 8 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

1.         Approve Minutes of Study Session held January 16, 2007 and Minutes of Regular Meeting held January 23, 2007.

 

2.         Approve the following Claims:  AT&T $97.80 smcs; A.L.E.R.T. Int'l $40.00 smcs; ABC Drug $25.00 smcs; AC Electric $192.00 smcs; Ace Hardware $172.86 smcs; ACS Firehouse Solutions $1,065.00 smcs; Advance Auto Parts $37.92 smcs; Affordable Plumbing $622.00 smcs; Aflac $2,818.28 ps; Alamar $680.53 smcs; Alltel $3,715.44 smcs; Amer Electric $1,132.43 smcs,co; Amer Red Cross $359.20 smcs; Amerus Life $1,220.00 ps; Amsan $739.79 smcs; Andersen Wrecking $35.00 smcs; Anderson Ford $64,041.00 co; Anderson Industrial $110.99 smcs; Apple Books $75.80 smcs; Ark Flag & Banner $119.13 smcs; Artic Refrigeration $110.30 smcs; Ask Supply $928.90 smcs; Austin Hardware $54.02 smcs; Auto Glass Center $348.43 smcs; B&H Photo Video $88.20 smcs; B&M Cleaning $2,265.00 smcs; Baker & Taylor $4,570.60 smcs; Bamford $192.50 smcs; BBC Audiobooks $402.51 smcs; Bear Frame & Alignment $72.00 smcs; Bestsellers Audio $195.00 smcs; Blackpeoplemeetcom $43.90 smcs; Blessing $125,012.59 smcs,co; Bluecross Blueshield $9,084.46 smcs; Bobs Super Store $104.80 smcs,ps; Bogard,M $88.50 smcs; Book Farm $883.62 smcs; Bosselman $49,200.19 smcs; Boxwood Technology $150.00 smcs; Brandt,B $20.00 smcs; Broadfoot's $2,970.00 smcs; Bruce Furniture $825.88 co; Buffalo Co Court $171.51 ps; Buffalo Co Treasurer $4,055.38 smcs,ps; Buggy Bath Car Wash $43.50 smcs; Builders Warehouse $2,453.70 smcs,co; Carquest $28.76 smcs; CED Enterprise $172.40 smcs,co; Centaur Enterprises $670.30 smcs,co; Central Auto Electric $194.75 smcs; Central Comm College $75.00 smcs; Central Fire & Safety $39.50 smcs; Central Hydraulic $1,193.45 smcs,co; Central NE Bobcat $31,134.31 smcs,co; CHAD $10.00 ps; Charlesworth & Assn $1,181.25 smcs; Charter $54.99 smcs; City of Ky $96,643.35 ps,smcs,co; College Savings Plan of NE $75.00 ps; Complete Music $250.00 smcs; Computer Warehouse #4 $18.64 smcs; Conseco Life Insurance $29.00 ps; Construction Rental $1,244.01 smcs,co; Copycat Printing $174.32 smcs; Crossroads Ford $427.86 smcs; Culligan $261.50 smcs; Cummins $451.23 smcs; Cummins Rocky Mountain $28.43 smcs; Cummins Tools $156.85 smcs; Danielson $1,116.75 smcs; Dawson Co PPD $8,844.34 smcs; Dell $4,528.48 smcs,co; Delta Medical Systems $150.00 smcs; Demco $915.67 smcs; Denver Post $117.00 smcs; Diesel Power Equipment $109.80 smcs; Double M Farms $2,000.00 smcs; DPC Industries $8,891.15 smcs; Dugan $607.36 smcs; Dugan,S $17.90 smcs; Dutton-Lainson $29.23 smcs,co; Eakes $10,611.10 smcs,co; Ecolab $29.00 smcs; Eickhoff,B $18.00 ps; Eirich,T $50.00 smcs; Elliott $78.00 smcs; Envirotech $27,961.92 smcs; Expression Wear $1,165.50 smcs; Fairbanks Int'l $752.44 smcs; Farmers Union $3,854.65 smcs; Fastenal $420.75 smcs; Fedex $17.40 smcs; Fiddelke Heating $381.23 smcs; Fireguard $325.20 smcs; Flynn,B $58.50 smcs; Fowler,L $214.17 smcs; Frontier $257.94 smcs; Galeton Gloves $1,040.25 smcs; Galls $330.53 smcs; Garrett Tires $1,385.60 smcs; Garrett-Sorensen,E $27.73 smcs; Gempler $196.85 smcs; George,T $80.00 smcs; Glendale Industries $58.50 smcs; Goad,R $3.53 smcs; Goody Square $769.00 smcs; Gordons Small Engine $64.64 smcs; Graham Tire $633.06 smcs; Grainger $1,642.17 smcs; Grand Central IGA $14.61 smcs; Great American Outdoor $429.28 smcs; Great Plains One Call $131.71 smcs; Grindle,R $26.43 smcs; Gronewoller,S $8.54 smcs; Guideposts $16.94 smcs; Hach $322.50 smcs; Hansen Truck $62.33 smcs; Hastings $40.00 smcs; Hausmann Construction $73,114.20 co; Hayden,S $39.16 smcs; HDSWW $3,075.74 smcs; Heartland Clerks $10.00 smcs; Heggemeyer,L $53.07 smcs; Henne,E $31.00 smcs; Hobby-Lobby $47.11 smcs; Holmes Plumbing $1,600.22 smcs,co; Hometown Leasing $248.23 smcs; Hydrologic $955.20 smcs; IA,NE,SD Prima $40.00 smcs; IACP $100.00 smcs; ICMA RC $2,879.13 ps; Inland Truck Parts $179.67 smcs; Intellicom Computer $415.00 co; IRS $100,971.29 ps; Interstate All Battery $59.45 smcs; Intoximeters $90.50 smcs; ISDN $188.25 smcs; Jack Lederman $1,653.21 smcs; Jacks Small Engines $128.57 smcs; Jelinek,T $78.00 smcs; Johnson Service $366.30 smcs; Johnson,S $50.00 smcs; Johnstone Supply $357.29 smcs; K&K Parts $53.75 smcs; Ky Area United Way $886.00 ps; Ky Chamber Comm. $245.00 smcs; Ky Concrete $4,429.58 smcs,co; Ky Glass $67.01 smcs; Ky Hub $6,720.63 smcs; Ky Implement $1,822.67 smcs; Ky Towing $337.50 smcs; Ky Visitors Bureau $16,895.50 smcs; Ky Warehouse $771.40 smcs; Ky Winlectric $1,423.69 smcs; Ky Yamaha $279.48 smcs; Kelley Tree Service $16,459.00 smcs; Kent,L $55.00 smcs; Killion Motors $1.26 smcs; Kirkham Michael $11,621.10 smcs; Kmart $29.70 smcs; Konica Minolta $53.59 smcs; Kooyman,R $200.00 ps; Krepel,J $36.22 smcs; Krueger,L $27.41 smcs; KRVN River $515.84 smcs; Labsafe $218.19 smcs; Laughlin,K $180.00 ps; Law Enforcement Assn $469.00 smcs; Lawson Products $104.19 smcs; Lincoln Truck Center $451.66 smcs; Linda's Upholstery $82.87 smcs; Linda's Upholstery $178.60 smcs; Linweld $296.33 smcs; Lockmobile $300.00 smcs; Loebig,J $30.46 smcs; Luke,D $48.35 smcs; Machines and Media $7,662.30 smcs,co; Magic Cleaning $250.00 smcs; Mail Express $31.10 smcs; Marlatt Machine $667.57 smcs; Marshall Cavendish $137.07 smcs; Maxi-Sweep $67.67 smcs; McDermott & Miller $20,630.00 smcs; Menards $2,034.65 smcs,co; Meteorlogix $567.00 er; Metlife $5,410.59 ps; Michael Todd $1,194.81 smcs; Midlands Contracting $32,941.54 co; Midlands Telecom $22.21 smcs; Midwest Pump $631.60 smcs; Midwest Turf $659.34 smcs; Miller & Associates $14,542.51 co; Miller Signs $1,256.25 smcs; Mirror Image $20.00 smcs; Moonlight Embroidery $1,831.00 ps; Morris Press $37.04 smcs; Mosbarger,B $200.00 ps; Moss & Barnett $106.60 smcs; Mr. Automotive $3,067.71 smcs; Municipal Emergency $100.50 smcs; Municipal Supply $26,687.80 smcs; Napa $1,433.51 smcs; NASRO $30.00 smcs; NE Cemetery Ass'n $40.00 smcs; NE Child Support $2,388.43 ps; NE Dept of Environmental $25.00 smcs; NE Dept of Revenue $81,469.52 smcs,ps; NE Health & Human Service $1,255.37 co; NE Law Enforcement $100.00 smcs; NE Machinery $3,298.50 smcs; NE Park & Rec $15.00 smcs; NE Regional Library $10.00 smcs; NE Truck Center $103.62 smcs; Neopost $5,000.00 smcs; New England Fitness $309.92 ps; Newegg $184.49 smcs; NGCSA $225.00 smcs; Northwest Electric $995.00 smcs; Northwestern Energy $8,084.11 smcs; Northwestern University $25.00 smcs; NRPA $465.00 smcs; Oakstone Wellness $116.20 smcs; Office Depot $461.14 smcs; Office Max $880.93 smcs,co; Officenet $1,436.10 smcs; Ohri,R $58.50 smcs; O'Keefe Elevator $1,214.13 smcs; O'Reilly Auto $906.51 smcs; Orscheln $694.57 smcs; Otto Environmental $21,097.00 smcs; Overhead Door $165.60 smcs; Oxford University Press $110.78 smcs; Pack,K $40.00 smcs; Paramount Linen $34.70 smcs; Parker Engineering $14.55 smcs; Patterson,B $47.06 smcs; Payflex Systems $1,209.00 smcs,ps; PCAN $50.00 smcs; Penworth Company $1,160.99 smcs; Pepsi Cola $279.60 smcs; Pet Pick-ups $371.93 smcs; Pizza Hut $52.00 smcs; Plasteco $860.00 smcs; Platte Valley Comm $5,562.26 smcs; Potter,B $31.25 smcs; Presto-X $136.00 smcs; Priority Management $95.70 co; Pro Source One $4,940.00 smcs; Professional Network $1,544.00 co; Radioshack $25.74 smcs; Random House $533.60 smcs; Rash,M $27.27 smcs; Raynor Garage Door $60.00 smcs; RCL Products $200.00 smcs; Recognition Unlimited $29.24 smcs; Recorded Books $528.51 smcs; Recovery Systems $421.75 smcs; Redman's Shoes $12.75 smcs; Region 12 ABPA $50.00 smcs; Resource Management $1,164.24 smcs; RTI $194.95 smcs; S A Foster Lumber $9.84 smcs; S&B Heating $1,876.85 smcs; Sage,P $15.00 smcs; Sahling Kenworth $870.81 smcs; Sargent Drilling $56,608.20 co; See Clear Cleaning $4,600.00 smcs; Sherwin Williams $70.48 smcs,co; Shirt Shack $935.95 smcs; Show Me Cables $233.19 smcs,co; Simmerman Electric $104.68 smcs; Skeeter Barnes $4,060.10 smcs; Snap-on Tools $69.95 smcs; Softchoice $4,840.10 smcs,co; Solid Waste Agency $46,748.25 smcs; Soucie,B $30.41 smcs; Splitter,M $20.00 smcs; SSG*BSN $424.99 smcs; State of NE/Das Comm $18.91 smcs; State of NE/HHS $12.00 smcs; Stittle,R $31.25 smcs; Stocker,K $78.00 smcs; Story,G $263.61 smcs; Strategic Materials $693.32 smcs; Streetcom $227.95 smcs; Streicher's $56.89 smcs; Summit Heating $584.16 smcs; Sun Life Financial $21,922.74 smcs; Sunmart $23.92 smcs; Superior Signals $116.60 smcs; Sydow,J $40.00 smcs; Target $159.42 smcs; Tech Republic Press $71.90 smcs,co; Thompson,J $8.95 smcs; Thomson Gale $237.42 smcs; Tigerdirect $278.38 smcs; Tincher Construction $1,772.00 smcs; TNT Tools $226.95 smcs; Todd Feed & Supply $130.00 smcs; Toyne $183.20 smcs; Tractor Supply $1,514.18 smcs,co; Trade Assn Mgmt Firm $580.00 smcs; Tri City Outdoor Power $562.63 smcs; Tri-Cities Group $1,544.55 smcs; Tye & Rademacher $10,433.94 smcs; UAP $3,793.26 smcs; University Directories $155.00 smcs; UPS $259.76 smcs; US Postmaster $496.00 smcs; USPS $152.83 smcs; Van Diest $1,878.60 smcs; Vehicle Lighting $945.32 smcs; Video Service of America $695.32 smcs; Village Uniform $158.00 smcs; Wal-Mart $1,027.87 smcs,co; Water Environment  $90.00 smcs; We Care Tree Care $190.00 smcs; Wellman,P $14.44 smcs; Wilke Donovans $594.03 smcs,co; Wilkins Hinrichs Stober $1,924.54 co; World Herald Advertising $479.40 smcs; Yanda's Music $1,515.40 smcs; Payroll Ending 01-20-2007 -- $293,280.93; Payroll Ending 02-03-07 -- $283,789.99.  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.         Reject the bid received for the Elevated Sort Line for the Kearney Area Recycling Center.

 

4.         Approve the application to extend Conditional Use Permit No. 2000-11 submitted by Robbi Kirk to locate a day care facility at 1411 East 33rd Drive for a period of one year.

 

5.         Authorize the City Attorney to recover costs and expenses accrued for removing weeds on the following described property and to enforce the collection by civil action in any court of competent jurisdiction: Lot 175, Original Town of Kearney Junction; Lot 1559, Original Town of Kearney Junction; Lot 2 of Block 6, Kearney Land & Investment Company’s 1st Addition; Lot 7, East Lawn Third Addition; Lot 5, Margie Second Addition all in the City of Kearney and approve Resolution No. 2007-22.

 

RESOLUTION NO. 2007-22

 

            WHEREAS, Section 5-603 of the Kearney City Code states “the Council does hereby declare the permitting, allowing or maintaining of any growth of twelve (12) inches or more in height of weeds, grasses, or worthless vegetation to be and constitute a nuisance; and

            WHEREAS, Section 5-604 of the Kearney City Code requires the City Clerk to annually publish notice in the newspaper that owners and persons in possession of property that all weeds and noxious vegetation and other rank growth of vegetation growing on private property must be cut and maintained as close to ground level as possible within seven days of publication of said Notice; and

            WHEREAS, in accordance with Section 5-604 of the Kearney City Code written notification was sent to property owners who failed or refused to cut and maintain weeds within the City of Kearney being legally described as follows:

  • Lot 1559, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (1404 Avenue D);
  • Lot 175, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (402 East 22nd Street);
  • Lot 2 of Block 6, Kearney Land and Investment Company’s 1st Addition, an addition to the City of Kearney, Buffalo County, Nebraska ( 1812 4th Avenue);
  • Lot 7, East Lawn Third Addition to the City of Kearney, Buffalo County, Nebraska (3416 Avenue S);
  • Lot 5, Margie Second Addition (south of Ruby Tuesday Restaurant)

all in the City of Kearney, Buffalo County, Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the property owners failed or neglected to cut the weeds, noxious vegetation or rank growth of vegetation growing thereof and abate and remove the nuisance as directed, and the City proceeded appropriately in cutting the weeds, noxious vegetation or rank growth of vegetation growing thereof and removed the nuisance on the following property:

  • Lot 1559, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (1404 Avenue D);
  • Lot 175, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (402 East 22nd Street);
  • Lot 2 of Block 6, Kearney Land and Investment Company’s 1st Addition, an addition to the City of Kearney, Buffalo County, Nebraska ( 1812 4th Avenue);
  • Lot 7, East Lawn Third Addition to the City of Kearney, Buffalo County, Nebraska (3416 Avenue S);
  • Lot 5, Margie Second Addition (south of Ruby Tuesday Restaurant)

all in the City of Kearney, Buffalo County, Nebraska.  The City Attorney is hereby authorized and directed to collect the costs of said work from the owners of the above listed properties and enforce the collection by civil action in a court of competent jurisdiction; or to levy the costs as a special assessment and such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments.

            PASSED AND APPROVED THIS 13TH DAY OF FEBRUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

6.         Approve the application for a Special Designated License submitted by KEARNEY STEAK COMPANY, dba “Whiskey Creek” in connection with their Class I/K-35628 catering liquor license to dispense beer, wine and distilled spirits in the UNK Alumni House, 2222 9th Avenue, on March 2, 2007 from 7:00 p.m. until 1:00 a.m. for a Phi Kappa Alpha 20th Anniversary.

 

7.         Approve the application for a Special Designated License submitted by the Museum of Nebraska Art to dispense beer and wine in the Museum located at 2401 Central Avenue on March 30, 2007 from 7:00 p.m. until 10:00 p.m. and on March 31, 2007 from 10:30 a.m. until 1:00 p.m. for Cranes on Parade/Migration Celebration.

 

8.         Approve the application for a Special Designated License submitted by CHICKEN BONES OF KEARNEY, INC., dba “Chicken Coop Sports Bar & Grill in connection with their Class I-54354 liquor license to dispense beer and distilled spirits in the Exposition Building located at the Buffalo County Fairgrounds, 3807 Avenue N on March 9 and 10, 2007 from 12:00 p.m. until 1:00 a.m. and on March 11, 2007 from 12:00 p.m. until 12:00 a.m. for a bull show and auction.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7323 – REZONE NORTH OF 56TH STREET AND WEST OF 17TH AVENUE (PERTAINS TO PUBLIC HEARING 2)

 

Council Member Lammers introduced Ordinance No. 7323, being Subsection 1 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as the south 525.0 feet of the east 913.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 11.0 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (north of 56th Street and west of 17th Avenue), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7323 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7323 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7323 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.

 

ADDITION TO BILL’S LIQUOR WEST – 12 14 WEST 24TH STREET

 

Mayor Clouse opened for discussion the application for an addition to premise submitted by JCB ENTERPRISES, INC., dba “Bill’s Liquor West” in connection with their Class D-22849 liquor license located at 1214 West 24th Street.

 

An application for an addition to an existing license has been received by the Liquor Commission by JCB ENTERPRISES, INC., dba “Bill’s Liquor West” located at 1214 West 24th Street.  This business is requesting to add what appears to be approximately 1,568 square feet of space contiguous to the east of the existing business.  The addition would require that a doorway be cut between the existing business and the new space. 

 

Fire Administrator, Ken Tracy, inspected the proposed addition and recommends the following conditions be placed if the application is approved:

·         State Fire Marshal review and approval

·         Fire extinguishers must be installed in the appropriate place

·         Appropriate door must be installed

 

At this time the doorway is cut to join the two structures.  The intent is to use this addition as storage and not as a retail outlet.

 

Jerry Becker, 4111 19th Avenue, presented this matter to the Council.  He stated the request is to license additional area that they acquired which is adjacent to their current facility. 

 

Council member Buschkoetter stated that he had reservations about this being straight forward since the status of this liquor license has been somewhat in “limbo” due to the ruling by the Liquor Control Commission.  He had some concerns about expanding a license that has been ruled by the Liquor Control Commission to be revoked.  Although this license is going to stay as is for the present, it is subject to change and making an addition to it does change it.  He did not feel comfortable recommending to the Liquor Control Commission that we approve expanding the license because of the ruling from the Liquor Control Commission and the Lancaster County Court.  He believed that would be sending the wrong message by doing so.

 

Mr. Becker responded the case is before the Nebraska Supreme Court (Appellate Court) and there is no action to be taken at the present time.  Until they have exhausted all of their avenues to retain the license and there is a ruling, he is allowed to conduct his business under the current license.  He had the opportunity to purchase this building. He made a decision to do so to increase the value of his present building regardless if he has a liquor license or not.  This new building is for additional room to be used as storage.

 

Mayor Clouse stated that the Council has several options; they can approve, recommend denying or take no position.  He pointed out this is only a recommendation to the Liquor Control Commission and it is their ultimate decision.  He stated the Council’s decision has no bearing on the acquisition of the property for the business; this is only to approve additional square footage to the business license.

 

Discussions followed by Council members about how effective or ineffective their recommendations are and have been to the Liquor Control Commission.  Council member Buschkoetter stated he believed that their role is to make a recommendation or not make a recommendation.  He thinks they are an advisory board even though the Liquor Control Commission does not always follow their recommendations.  Council member Kearney did not agree that they are an advisory board to the Commission since they have not followed many of their recommendations in the past.   Mayor Clouse stated his opinion was to make no recommendation and asked the Council for their thoughts.

 

Council member Lear commented if they make no recommendation on this then they need to take that stance on every liquor control issue that comes before them from this point forward.  He previously held the view that their voice is meaningless to the Liquor Control Commission.  If the Council takes that position that he, personally, would abstain from any further action on any liquor license issue.  That has not been the stance that they have taken as a Council in the past.  His view on this particular issue is that whether or not Mr. Becker has a liquor license is a matter that is currently being adjudicated.  This issue is simply looking over the expansion of his business.  What happens to his business and the investments that Mr. Becker chooses to make to support his current operation is really not (in his opinion) their purview.  This addition has been reviewed and has been determined to be a reasonable project.  In this particular instance, he did not have any problem with this project.  He again stated if they decide not to make a recommendation at this point, he believed that is the position they need to take in the future.

 

Council member Buschkoetter disagreed with that because this is an entirely different and unique situation.  There have not been many liquor licenses that have essentially been revoked by the Liquor Control Commission after being issued.

 

Council member Lear stated that Council member Buschkoetter is entitled to his opinion and could exercise his vote to deny as any Council member has the right to do.  He recognizes that at best the Council represents a second tier advisory role to the Liquor Commission.  Each Council member has their own beliefs on this adjudication process, how it unfolded and what they each personally believe was the right or wrong answer to that.  That ruling is out of their hands and out of the Liquor Control Commission’s hands at this point.   

 

Mayor Clouse agreed that there are extenuating circumstances with this license which are not the normal.  He was not sure that the Liquor Control Commission can do anything but approve due to the current status of the license.  He agrees they have the responsibility to deny or approve.  In this case, he did not know if there recommendation would have much bearing at all. 

 

Council member Lammers stated that if it was just a simple deal of expanding his business space, he would not have a problem with it.  Since it is a matter of expanding his liquor license, he believed it is a problem.  Mr. Becker is expanding what his initial license covers and the amount of volume that will go through it.  Council member Lear stated it is only an increase in the amount of square footage in which to operate.   We have done this for other licensees such as San Pedro’s. This project does not present any undo problems from the standpoint of expanding the square footage in which he is operating.  In looking at this project, regardless of the license status, City staff has found no problems with it. 

 

City Clerk stated that this addition is for storage of the alcohol, it will not be open to the public, which is a little different than San Pedro’s beer garden expansion. City Clerk explained that Bill’s Liquor West is currently up for renewal.  The protest period ended February 10th and no protests were received.  It will not be necessary to bring it to Council.  City Attorney Michael Tye added that it is typical that there would be a stay of any revocation of the license and that is why Mr. Becker is allowed to continue to operate under his license until there is an ultimate decision by the Nebraska Supreme Court.  It is not uncommon as this goes through the process, that they do not go back and revoke the license as it comes up for renewal because it is the subject matter of litigation.     

 

City Clerk outlined the process that the Liquor Control Commission follows for this type of an application.  The application is forwarded to the City for consideration. The Police Department, Fire Department and the Building and Zoning look at the application for expansion.  She believed Mr. Becker has already taken care of the issues that the Fire Department found.  The City forwards their report back to the Liquor Commission.  The Liquor Control Commission then has the State Fire Marshall and State Patrol make their inspection before they would actually issue the addition to the license.  Although, the City might be in between, the Liquor Control Commission has their own rules that they have to follow. 

 

Moved by Lear seconded by Clouse to approve the application for an addition to premise submitted by JCB ENTERPRISES, INC., dba “Bill’s Liquor West” in connection with their Class D-22849 liquor license located at 1214 West 24th Street. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Lear. Nay: Buschkoetter. Motion carried.

 

AWARD BID FOR DRYDEN PARK RESTROOM/CONCESSION BUILDING

 

Mayor Clouse opened for discussion the bids received for the construction of the Dryden Park Restrooms/Concession Building and to consider approval of Resolution No. 2007-23 awarding the bid to Central Contracting Corp. in the amount of $114,980.00.

 

Director of Park & Recreation Neal Lewis presented this matter to the Council. On December 26, 2006, the Council approved the Plans and Specifications for the construction of the Dryden Park ADA Restroom/Concession Building. The Engineers Estimate was $120,000.00.  Funds are allocated for this project from the special ½ cent sales tax fund. Bids were received and opened on February 1, 2007. The following were the bids received:

 

Bidder

Base Bid

Completion Date

Central Contracting Corp, Kearney, NE

$114,980.00

140 days

Sorensen Construction, Kearney, NE

$117,232.07

May, 2007

Hausmann Construction, Lincoln, NE

$142,000.00

240 days

 

Moved by Clouse seconded by Kearney to approve the bids received for the construction of the Dryden Park Restrooms/Concession Building and approve Resolution No. 2007-23 awarding the bid to Central Contracting Corp. in the amount of $114,980.00. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-23

 

            WHEREAS, Wilkins Hinrichs Stober Architects and the City of Kearney have reviewed the sealed bids which were opened on February 1, 2007, at 2:00 p.m. for the construction of the Dryden Park Restrooms/Concession Building; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $120,000.00; and

WHEREAS, the said engineers have recommended the bid offered by Central Contracting Corp. of Kearney, Nebraska in the sum of $114,980.00 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 Central Contracting Corp. of Kearney, Nebraska be and is the lowest responsible bidder for the construction of the Dryden Park Restrooms/Concession Building to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Central Contracting Corp. of Kearney, Nebraska in the sum of $114,980.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for construction of the Dryden Park Restrooms/Concession Building in the amount of $120,000.00 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 13TH DAY OF FEBRUARY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

AWARD BID FOR WOOD WASTE GRINDING SERVICES

 

Mayor Clouse opened for discussion the bid received for wood waste grinding services at the Kearney Area Solid Waste Agency Landfill and at various stockpiles of storm damaged tree waste within the City and award the bid to Hofeling Enterprises from Lincoln, Nebraska.

 

Director of Utilities Kirk Stocker presented this matter to the Council.  On January 30, 2007 the City received sealed bids for Wood Waste Grinding for tree waste located at the Kearney Area Solid Waste Agency Landfill and at the scattered stockpiles of tree waste in the City that were collected from the January ice storm.

 

Four bids for Wood Waste Grinding were received.  City staff contacted equipment manufacturers to verify production rates submitted by the bidders for the equipment that they intended to use.  Bids were evaluated based on the hourly rate and the production rate.  The evaluation resulted in the second highest hourly rate being the lowest bid in terms of cost per ton of wood waste ground.

 

City staff also estimated the time that the grinding might take based on their experience with a contractor who produced 38 tons of ground waste per hour.  Based on that estimate City staff believes the cost of grinding service including mobilization to be between $37,000 and $60,000.  However, that estimate was completed on January 23, 2007 and the Street Division and the public have continued to haul to the drop off sites since that time.

 

The Contract requires that all Wood Waste be ground by April 1, 2007.  The ground waste will be stockpiled onsite and will be available to the public, for a time, for landscaping projects.  Remaining wood waste will be transported to the landfill for long-term availability.

 

The Utilities Department included funding for wood waste grinding in the landfill budget.  The Natural Disaster Fund will also be utilized to pay for this work.  The City anticipates that FEMA will reimburse up to 75% of the actual cost.

 

Moved by Kearney seconded by Lammers to approve the bid received for wood waste grinding services at the Kearney Area Solid Waste Agency Landfill and at various stockpiles of storm damaged tree waste within the City and award the bid to Hofeling Enterprises from Lincoln, Nebraska. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

ORDINANCE NO. 7324 – NON-EXCLUSIVE FRANCHISE TO NEBRASKA CABLE

 

Mayor Clouse stated the applicant requested to table Ordinance No. 7324 granting a non-exclusive franchise to Nebraska Cable, LLC to install, operate, maintain or otherwise locate telecommunication facilities in the public way within the City on certain poles that are maintained as part of Kearney’s electrical system with Nebraska Public Power District until February 27, 2007. 

 

Moved by Lammers seconded by Lear to table Ordinance No. 7324 until February 27, 2007. Roll call resulted as follows:  Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

ORDINANCE NO. 7325 – AMEND SECTIONS 3-1829, 3-2001, 3-2002, 3-2006, 3-2008, 3-2009, 3-2010 OF CITY CODE PERTAINING TO TELEPHONE COMPANIES

 

Director of Finance and Administration Wendell Wessels presented this matter. In 1977, the City of Kearney adopted Ordinance No. 2653 which enacted the current 3% occupation tax on telephone companies providing landline services.  Historically, the revenue collected from this tax has been allocated to the General Fund.  With the proliferation of cell phones, collected telephone company occupation tax dollars from landline services has decreased throughout the years.  The proposed amendment to Article 20, Chapter 3 of the Kearney City Code to include mobile services and other similar telecommunications services will generate revenue to offset the loss of revenue previously received from landline telephone service companies.  In addition, the amendment will level the playing field between landline telephone companies and wireless telecommunication companies.

 

Several communities throughout Nebraska have enacted a similar tax.  These include Bellevue, Columbus, Lincoln, Omaha, South Sioux City, Norfolk, Seward, Elkhorn, and Grand Island.

 

The City currently receives approximately $185,000 per year from the telephone company occupation tax. Of that amount, $124,000 came from landline providers and $61,000 came from cellular providers. There are projections of receipts of $135,000 in occupation taxes in the current fiscal year or about a $50,000 decrease. The $50,000 decrease is because of the $61,000 in cellular taxes last year is going down to about $11,000 next year based on what the City has collected so far this year.  There are three or four cellular companies that have discontinued collecting their occupation tax.  Revenues from the occupation tax on mobile telecommunication services are estimated to generate an additional $160,000 and will be placed in the general fund. The proposed ordinance simply clarifies and specifically adds mobile telecommunication services as subject to the telecommunication occupation tax. The ordinance is drawn up to take effect on April 1, 2007. 

 

Mayor Clouse stated that what happened is that this ordinance has been in place for some time, but did not specify cellular only telephone companies.  Some of the cell phone companies have been collecting tax and then some decided on their own they would no longer collect it.  Director of Finance explained that the word “telephone company” and “telecommunication provider” are two different things in the telecommunication world. Cell companies consider themselves telecommunication providers, not telephone companies.  In looking at our ordinance, one can understand why they think they are not subject to that tax.  Although in the past, many of them were collecting that tax, but the City did not know if they were levied against all of their customers. At least some of the telecommunication companies are levying that tax and making payments to the City.  We want to clarify the Code so that all companies know their services are subject to that tax. 

 

Council member Kearney stated he learned quite a bit from the explanation from the Director of Finance.  When he read this agenda item on Saturday, it did not seem like too big of a deal at the time.  He then read the article in the newspaper on Tuesday and it was quite a little different information then what was reported at this meeting.  He requested that this item be tabled until they could have a study session or he could get more educated on this matter. He had received several calls from people who were quoting the newspaper and the radio station.  Apparently, both were misinformed.  He believed that the Council needs to see if they can correct that misunderstanding; that this is not a new tax.  He would like some time to gather more information so that he could respond to those who called him.  He does not have an issue with the rate.

 

Mayor Clouse stated that since some are paying and others are not, there is an inequity in the community.  City Manager commented that none of the press contacted City staff to get a clarification of this issue.  This would have been helpful because this is an important issue.  At the tri-city meetings which were held recently, he learned other cities had adopted this tax and learned the amount that they were collecting which was a shocking amount.  We have always had this language and have been collecting this tax.  None of the other cities had the exact same language or in those communities cell phone companies were not complying with the language and were paying nothing.  At the same time, our landline contributions are going down.  Many households no long have landlines on which they were paying the tax.  Most of them now have cell phones so it is simply a transfer of a tax.  Realistically, without this clarification and without the cooperation, dollars will actually decline.  It is unfortunate that it was reflected as a new tax when in fact it is not. 

 

Council member Buschkoetter stated he would call this “closing a loophole”.  City Manager stated it is interesting that in January when so many cities adopted their own telecommunication act and started to collect for the first time, they quit paying the tax owed Kearney.  We can only assume those companies looked at our language and determined that Kearney does not have a telecommunication occupation tax so they stopped paying it. 

 

That was not correct and actually those companies owe the City back taxes because they were subject to this tax and have been since the beginning.  Legally, the City could go back on them to collect.  It is very difficult to calculate the amount the City should receive.  It was brought up that Kearney is going to make so much more from the tax because of the students.  Most of the students do not subscribe to our cell phone carriers.  They are more likely to get them in their hometown.  They would pay that tax in their home town, not to Kearney.  Tax is determined by your service address within the City limits.  It was also reported that there are nine cities that had this tax which is inaccurate, there are many more than that. There are nine cities that have recently adopted the tax.  Some cities also charge at higher rates than the three percent.  This gets back to leveling the playing field which was the intent of changing the language. 

 

There was also a question about On-Star which is installed in certain vehicles.  What was learned from these other cities is in their implementation phase, they contacted all these different telephone providers that they were aware of.  Others contacted the Public Service Commission and obtained a list of all companies that could possibly provide cell phone service and notified them all, putting them on notice.  There will always be the smaller ones or ones like On-Star that no one would know how to collect from them.

 

Council member Lear stated he believed there has been a fair amount of misperception of what is going on here and the concept that this is somehow a new tax.  He understood from his conversation with the Director of Finance that if a company called and inquired about this, they were told they do have to pay this tax.  Many of them have been paying it and then suddenly they believed they did not have to pay it.  If we were to go back and try to litigate it, it might cost more money then it would be worth.  It certainly needs to be clarified and get that message out to the public.  City Manager stated that they will put together a question and answer fact sheet about this tax and get it out to the media.  This should be a good tool in helping people get the correct information.

 

Moved by Lear seconded by Buschkoetter to table Ordinance No. 7325 until February 27, 2007. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

ORDINANCE NO. 7326 – AMEND CHAPTER 9 TO CREATE A BUILDING ADVISORY BOARD

 

In an effort to improve communication and customer service regarding construction related activities in the City of Kearney, city management is recommending the establishment of a Building Advisory Board. This multi-tasked board would serve as a staff resource regarding adoption, amendments and review of various construction codes.  Also, the Board will provide input to staff on licensing requirements for tradesmen and review of appeals regarding building official decisions. Further, it is the goal that having ongoing dialogue with representatives of the construction industry will result in improved relationships.

 

Chief Building Official Max Richardson stated the first item is a request to create an advisory board that would act as a liaison between the contracting community and the inspection department.  They would look at questions and concerns as a result of a plan review or during a build in the field.  This board could be gathered to help resolve and mitigate those issues and find resolutions to whatever the concern might be.  This board would be made up of members from the contracting community, builders, contractors, architects, electricians and plumbers.  They would all have a say in the board and how the board would operate.  When the City updates the model building codes and adopts the latest addition of those codes, they would help in reviewing those codes to make sure that things are being done correctly for the City of Kearney.  This is something they have wanted to do for some time.  They now have the opportunity to do so.  He believed that it will be a very useful tool for the contracting community and the City of Kearney. 

 

Council member Buschkoetter asked if a problem were to come up on a site, would various members of the board be called to the site to advise how to handle the situation.  Chief Building Official stated that is one of the things that the board could be used for.  The board would be appointed by the City Manager.  The board would get together at a regularly scheduled time to review cases in the field.  If necessary, they would actually go to the site.  Currently they are using the Board of Adjustment as a review board for actions of the Inspection Department.  Although, the Board of Adjustment is a very good tool, it is a group of lay individuals. This board would have expertise directly related to the construction industry and the construction field, so they might be able to bring another view to the case at hand.  They would also be helpful in adjusting codes. 

 

Mayor Clouse stated he thinks this is a step in the right direction to get the right people involved to ensure the codes are appropriate for the community.  It is another pair of eyes on what they are doing as City government, especially in the field and before they get to the field. 

 

Council member Lear asked since a plumbing board is currently in place, does it make any sense to move on from that advisory board and have this become the sole focus.  Chief Building Official stated he thought the intent is to dissolve the plumbing board and this advisory board would take its place.  There will be members of the plumbing community on this board, but there will be a wider cross section from the contracting community so we can have a wider variety of ideas. 

 

Mayor Clouse stated that the plumbing board also helps with the testing and coordination for plumbing certifications for the community.  Council member Buschkoetter also recommended rotating membership on that board as he believed it would be somewhat crucial to be fair to all. 

 

Council Member Buschkoetter introduced Ordinance No. 7326, being Subsection 7 of Agenda Item VI to amend the Code of the City of Kearney by adding a new Article 14 entitled "Building Advisory Board" to Chapter 9 "Public Works"; to create a Building Advisory Board to study all uniform codes and local ordinances adopted by the City regarding the residential and commercial building industry; makes recommendations to the City Council regarding any updating of the City Building Codes; hears appeals regarding construction code interpretations of the Building Official; and makes recommendation for implementation of rules and regulations regarding the examination and licensure of tradesmen, 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: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7326 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Kearney that Ordinance No. 7326 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7326 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. 7327 – AMEND CHAPTER 9 TO ADOPT AND INTERNATIONAL RESIDENTIAL CODE, 2006 EDITION, THE INTERNATIONAL BUILDING CODE, 2006 EDITION, AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2006 EDITION

 

Chief Building Official Max Richardson presented this to the Council.  The Nebraska State Legislature has adopted the International family of Codes as the State’s minimum construction codes.  The State requires political subdivisions to update to the most recent addition of the construction codes within two years of latest publication date.  The City of Kearney is required to adopt by ordinance the 2006 International Residential Code and the 2006 International Building Code as the model building codes for the City.  This update will replace the 2003 codes in place today.

 

The Building and Zoning Division has presented the new Residential Code to local contractors and the local chapter of the Home Builders Association.  The implementation of the latest addition of the Codes will not adversely affect the cost of homes and commercial projects or how projects are currently constructed.  Since this requirement is mandated by the State, the City has attempted to make this transition as palatable as possible for the contracting community, by suggesting a ninety-day adjustment period be allowed before requiring compliance with the new model codes (May 15, 2007).

 

Council Member Kearney introduced Ordinance No. 7327, being Subsection 8 of Agenda Item VI to amend the following sections of Chapter 9 “Public Works” of the Code of the City of Kearney: to amend Section 9-204 “Advisory Note” of Article 2 “Building Code Generally” to adopt the International Residential Code, 2006 Edition and the International Building Code, 2006 Edition; to amend Section 9-210 “International Building Code; Adoption” of Article 2 “Building Code Generally” to adopt the International Residential Code, 2006 Edition and the International Building Code, 2006 Edition; to amend Section 9-211 “International Property Maintenance Code; Adopted” of Article 2 “Building Code Generally” to adopt the International Property Maintenance Code, 2006 Edition; to amend Section 9-302 “International Residential Code; Amendments” of Article 3 “Amendments” to adopt and make amendments to the International Residential Code, Amendments, 2006 Edition; to amend Section 9-801 “International Property Maintenance Code; Adopted” of Article 8 “Housing” to adopt the International Property Maintenance Code, 2006 Edition; to renumber Section 9-819 “Penalty for Violation” to Section 9-820 of Article 8 “Housing”; to add a new Section 9-819 “Section 605.2 Amended; Receptacles” of Article 8 “Housing” to adopt the International Property Maintenance Code, 2006 Edition; to renumber Section 9-820 “Purpose” to Section 9-840; to renumber Section 9-821 “Definitions” to Section 9-841; to renumber Section 9-822 “Unlawful Acts” to Section 9-842; to renumber Section 9-823 “Handicapped Person; Discriminatory Practices Prohibited and Construction Standards” to Section 9-843; to renumber Section 9-824 “Transaction Related to Residential Real Estate; Discriminatory Practices Prohibited” to Section 9-844; to renumber Section 9-825 “Multiple Listing Service; Other Service; Discriminatory Practices Prohibited” to Section 9-845; to renumber Section 9-826 “Religious Organization, Private Home; Private Club or Housing for Older Persons; Restricting Use Not Prohibited” to Section 9-846; to renumber Section 9-827 “Information” to Section 9-847; to amend Section 9-909 “Limitation on Number of Occupants” of Article 9 “Manufactured Homes” to adopt the International Building Code, 2006 Edition; to amend Section 9-912 “Duties of Owner, Manager and Licensee Generally” of Article 9 “Manufactured Homes” to adopt the International Building Code, 2006 Edition and the International Property Maintenance Code, 2006 Edition, 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 Lammers 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: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7327 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lammers seconded by Lear that Ordinance No. 7327 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7327 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.

 

OPEN ACCOUNT CLAIMS: PLATTE VALLEY STATE BANK - $43,113.87, NPPD - $246.59, SCHOOL DISTRICT #7 - $1,290.85

 

Moved by Buschkoetter seconded by Kearney that Open Account Claims in the amount of $43,113.87 payable to Platte Valley State Bank, and in the amount of $246.59 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse and Lear abstained. Motion carried.

 

Moved by Clouse seconded by Kearney that Open Account Claims in the amount of $1,290.85 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Clouse, Kearney, Lear. Nay: None. Buschkoetter and Lammers abstained. Motion carried.

 

VII.    REPORTS

 

SMOKING POLICY

 

Mayor Clouse stated that LB 395 is the Smoking Ban being presented to the Legislature by Senator Joel Johnson. The League took the position that they would support Senator Johnson’s bill if there were wording that allowed cities and counties the right to opt out with the vote of the people. The thought was to allow local control which the League supports.  If the local control was not included in the bill then they would vote against it.  It went out of committee without that language, so the League reconvened again and decided to take a neutral position on it.  He sent Senator Johnson a letter stating that the City of Kearney at this point has a neutral position.  The League membership was split right down the middle on this issue.   

 

Senator Johnson wanted to have some idea where our Council stood on the issue. Mayor Clouse stated he did not feel comfortable after all the discussion they had one way or the other.  There are a lot of issues that they need to work on.  He included the report with comments from the public that he and Council member Buschkoetter had put together so Senator Johnson would know what some of the comments are coming out of Kearney.  He recently talked with people from the cities of Hastings and Grand Island at the League meetings.  He learned that they were going to pass some resolutions at their Council meetings this week supporting the statewide smoking ban. 

 

CONCEALED CARRY

 

Mayor Clouse stated there has been some movement on the concealed carry issue to take the local control away from communities.  The League took the position that the cities wish to retain that local control as defined in the original statute.  He did not know what the outcome of that decision is.  Kearney certainly exercised that right to retain the local control after many lengthy discussions at earlier Council meetings.  Kearney was an advocate of not changing it; Kearney does not want it to impact it since it has decided what it wanted to do in the community.

 

RECREATION LIABILITY

 

Mayor Clouse stated the League had hired a gentleman to assist with lobbying efforts against this. 

 

FIREFIGHTERS

 

Mayor Clouse stated that he believed that we need to watch the bill about the paid firefighters.  This would have a significant impact on our community.  It states that any community over 39,000 population would be required to have a paid fire department.  City Manager stated a key component is in addition to having to have a paid department; staffing levels are set by national fire code standard.  This would remove the control on the local budget to determine how many employees we need to hire, it would be based on that other standard.  Council member Lear asked if Kearney formally communicates to Senator Johnson and others its position on matters like this.  Assistant to City Manager Amber Brown followed with her update of Legislative issues.

 

TELEVISING PLANNING COMMISSION MEETINGS

 

Mayor Clouse stated there has been some discussion in the past about televising the Planning Commission meetings.  He and the City Manager agreed this issue should be brought to the Planning Commission to get their opinion.  In looking at the City Council, they have always been very open as how they communicate in the community.  The City does have it in the contract with the cable company to televise the Planning Commission meetings which has been in there for some time.  They sent a letter out stating that the City would like to televise the Planning Commission meetings, as well as the Council meeting and have received a lot of interest in doing this.  There has been discussion about moving the time of the meeting to televise it.  The City Manager talked to Jim Ganz, who chairs the Planning Commission, and he will bring it up at their next meeting to see what types of concerns and issues they might have.  It is not a matter of trust, but these meetings fall under the open meeting law.  By televising these meetings, it sends a message that Kearney’s government is out there and it has nothing to hide in its governmental proceedings. 

 

UPDATE OF LEGISLATIVE ISSUES

 

Assistant to City Manager Amber Brown updated the Council on legislative issues. The following are legislative bills that the City is supporting:

·         LB 11 – Change provisions relating to annexation by cities of the first class (approved by Governor on 02/09/2007)

·         LB 16 – Change provisions related to airport hazards and airport zoning regulations (in Government, Military and Veterans Affairs Committee Hearing: 01/18/2007)

·         LB 94 – Authorize municipalities to receive certain sales and use tax information (approved by Governor on 02/09/2007)

·         LB 255 – Change the NE Wage Payment and Collection Act (in Business and Labor Committee Hearing: 02/05/2007)

·         LB 271 – Change fringe benefit provisions under the NE Wage Payment and Collection Act (in Business and Labor Committee Hearing: 02/05/2007)

·         LB 347 – Change provisions relating to the giving of bonds by city or village officials (Select file 02/05/2007)

·         LB 356 – Change provisions relating to green belted agricultural land (in Revenue Committee Hearing: 02/14/2007)

·         LB 377 – Reallocate district court judgeships (in Judiciary Committee No Hearing Date Set)

·         LB 564 – Change the Recreational Liability Act (in Judiciary Committee Hearing: 02/14/2007)

·         LB 566 – Adopt the Public Recreational Liability Act (in Judiciary Committee Hearing: 02/14/2007)

 

The following are legislative bills that the City is opposing:

·         LB7 – Change the rights of the public regarding agenda items under the Open Meetings Act (in Government, Military, and Veterans Affairs Committee Hearing: 01/18/2007)

·         LB 607– Provide a requirement for full-time fire personnel in certain cities of the first class (in Urban Affairs Committee Hearing: 01/17/2007)

·         LB 695 – Limit the power of cities to regulate the carrying of concealed handguns (in Judiciary Committee Hearing: 02/02/2007)

 

The following are legislative bills that the City is neutral:

·         LB 395 – Adopt a new Nebraska Clean Indoor Air Act (advanced To General File 02/08/2007 and will be discussed on the floor on 02/14/2007).

 

City Manager Michael Morgan stated it has been their goal in the past, especially in the past two years,  to do a much better job of providing support and direction on issues that affect this community.  In talking to Senator Johnson, he indicated that he desires more timely input from us.  It has been a struggle on how to do that in the past.  They have talked with some other cities and evaluated with Grand Island how they do it.  He has assigned all the Legislative function review at the staff level to Assistant to City Manager Amber Brown.  She has the ability with tracking software to be notified.  She will then communicate the information to department heads for their input. 

 

Nebraska Legislature moves fairly quickly once it gets going.  We need to be on top of issues as they come up.  There have been conversations and correspondence with Senator Johnson.  We need to have more of a presence at the Legislature and Assistant to City Manager will be participating in more of it.  He believed that we need to attend different hearings and give our input.  Kearney needs to do a better job in this area and is prepared to do so.

 

He also asked for input from the Council on matters that are important to them either individually or especially as a group.  He suggested members might want to alternate going to the meetings on occasion and speaking.  Mayor Clouse stated that they need to determine how they can respond quickly as a group to some of these issues.  Council member Buschkoetter cautioned that they have to do so in such a way as to not violate the “open meeting law”.  City Manager stated that he believed the best time to do this is in the first part of the Legislative session when many of these issues are brought up.  They need to pay a lot of attention to better Legislative information that will be provided.  They could use this information to better formulate some of those positions early during Council meetings. 

 

City Manager asked the Council if they received the Legislative bulletins and if they were helpful.  The members agreed the bulletins are a helpful tool but somewhat dated. The more advanced notice they could get the better because these things seem to move quickly.  Assistant to City Manager stated that since subscribing to this tracking service, it has been immensely helpful in getting current information.  She receives email alerts everyday on the priority bills and on others they want to monitor.  It can be department specific, finance, utilities, public works, police, etc.  She stated it is difficult to figure out what the Legislature is going to deem important to work on.  Everything needs to be researched in the beginning and then narrow it down as time goes by. 

 

Council member Lammers asked if there is a way the Council could be flagged to be alerted to bills such as, 607 regarding a paid fire department.   These types of topics are extremely important to Kearney.  In this way, they would have the opportunity to contact our representatives.

 

City Manager stated from past experience, legislators prefer to hear from a community which has adopted a position rather than 100 different people.  He also knows that it is difficult to do that at best.  Council member Lear asked as a governing body how do we come to a conclusion of what our position is?  If we have taken no action, how do we know as a staff or an individual what is best for Kearney? If we are going to communicate as a community with Senator Johnson, perhaps we should formalize our position by resolution or some other format.  City Manager stated sometime that is possible, but many times it is not possible to get to this point because they go through so fast.  There are many bills that members of the Council will not be familiar with because they are staff related.  There are also a lot of policy bills.  They did not want to preconceive what the Council’s policy is so they chose some that were not so policy related or things this governing body would be interested in.

 

City Manager suggested they could put a section on each agenda.  However, the problem with that is we have to do that in advance to pass a resolution and many times we just won’t know.  Assistant to City Manager stated that Grand Island’s Council granted authority by a resolution to the City Administrator to take positions.

 

City Manager stated now that we are using the tracking tool, we should try to share as much information as we can.  His experience has been the governing body at the very earliest stages should have a legislative policy or meeting when these all come out.  Kearney has not done much in the area and he believed that we will get better as we get more familiar with it.  City staff will do a better job next year at the beginning, as well as this year.  He suggested that it is possible to send each Council member updates on the issues they request or just the priority bills.

 

VIII.    ADJOURN

 

Moved by Kearney seconded by Lear that Council adjourn at 9:15 p.m. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

                                                                                    STANLEY A. CLOUSE

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK