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Kearney, Nebraska

December 11, 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 December 11, 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 City Manager; Wendell Wessels, Director of Finance and Administration; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Joe Sobotka, Craig Bennett, Jim Lynaugh, Tom Henning, Bruce Lefler Leonard Skov, Ken Tracy, Jerry Thompson, Terry Eirich, Ryan Throckmorton, Mick Shoemaker, Rob Van Horn, Stuart Hostetler, Gary Davenport, Sara Giboney from Kearney Hub, Steve Altmaier from KGFW Radio.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Pastor Rick Thomason from the First Church of the Nazarene provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

One Boy Scout 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.

 

RECOGNITION – KVFD FIREFIGHTERS SERVICE AWARDS

 

Mayor Clouse and Council Members recognized the volunteer firefighters who have given many hours of their time in responding to fire/rescue emergencies, firefighter training, assisting with public fire prevention and safety education programs, serving as fire department officers, and serving on various types of committees.  Each of the following volunteers is being recognized for 5 years of service: Shawn Munster, Seth Van Horn, Ryan Throckmorton, and Nick Shoemaker. Fire Chief Jerry Thompson presented each firefighter with an award.

 

RECOGNITION – KVFD FIREFIGHTERS AWARDS FOR FIREFIGHTER 1 COURSE

 

Mayor Clouse and Council Members recognized Gary Davenport, Stuart Hostetler, and Rob Van Horn of the Kearney Volunteer Fire Department that have completed the Firefighter 1 Course. These individuals have already dedicated a minimum of 120 hours in this course alone. In addition to the Firefighter 1 Course, these individuals are continuously training with other firefighters at monthly and specialty trainings. Fire Chief Jerry Thompson presented the firefighters with an award.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

VIAERO WIRELESS CONDITIONAL USE PERMIT

 

Mayor Clouse stated the applicant requested the public hearing on the Application submitted by NE Colorado, Inc., dba Viaero Wireless (Applicant) and Firstier Capital Corporation, dba Kearney Event Center, Inc. (Owner) for a Conditional Use Permit to construct a 150-foot tall self supporting telecommunications pole, a backup generator, a 1,000 gallon propane tank and space for two 9 foot by 15 foot by 8.5 foot tall concrete buildings (one current and one future) to house electronic equipment on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 2, Broadfoot Third Addition to the City of Kearney, Buffalo County, Nebraska (609 Platte Road) remain on the table until December 26, 2007.  Therefore, no action was taken.

 

FINAL PLAT FOR ELKEN SUBDIVISION

 

Mayor Clouse stated the applicant requested the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine Richter (Owner) for approval of the Final Plat and Subdivision Agreement for “Elken Subdivision”, a subdivision of Buffalo County, Nebraska for property described as being part of the Southeast Quarter of the Southeast Quarter of Section 14, Township 9 North, Range 16 West of 6th P.M., containing 5.90 acres, more or less, Buffalo County, Nebraska (1550 feet south of the intersection of Highway 10/40 on the west side of Highway 10) remain on the table until December 26, 2007.  Therefore, no action was taken.

 

REZONE EAST OF BOX BUTTE, WEST OF CHERRY AVENUE AND NORTH OF 39TH STREET

 

Public Hearings 3 and 4 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gary and Mary Jo Henderson (Owner) to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of Government Lots 3 and 4 in Section 29, Township 9 North, Range 15 West of the 6th P.M., containing 17.65 acres, more or less, Buffalo County, Nebraska (east of Box Butte, west of Cherry Avenue and north of 39th Street). Planning Commission recommend approval of the rezoning and subdivision plat for this property subject to receiving an executed Subdivision Agreement.

 

The applicant is requesting approval to zone and plat a tract of land that is approximately 17.65 acres to create a one lot subdivision. This vacant property is located outside the corporate limits north of 39th Street and east of proposed Box Butte Avenue. This project is the next phase in the industrial warehouse development that has been constructed recently to the west of this location.  The site layout is very similar to the first two phases that are contained on Northeast Industrial Third and Northeast Industrial Fourth Subdivision. The applicant desires to develop this property as an industrial site with four buildings. 

 

The parcel in question has never been zoned so is considered Agricultural by default. The rezoning request is from Agricultural to M-1, Limited Industrial District.  The Future Land Use Map of the City of Kearney Comprehensive Development Plan shows this area to be “Mixed Use 3”.   M-1 is a conforming zoning district for this land use type.

 

The applicant proposes a one-lot subdivision to be known as Northeast Industrial Fifth Subdivision. The Preliminary Plat was approved by Planning Commission on November 16, 2007. A Subdivision Agreement is required and has been provided. This property cannot be annexed at this time and the agreement will waive rights of protest for future annexation. Municipal water, sanitary sewer and paving will be installed by the developer under a Developer Constructed Infrastructure Agreement. All public services will be constructed to City of Kearney public infrastructure standards. The agreement will also waive protest rights for any future improvement districts that may be necessary to serve future development in this area once this property is annexed.

 

A Public Works Plan has been submitted.  Box Butte Avenue must be installed to the north line of this subdivision, including storm sewer. A sanitary sewer line will be constructed in Box Butte Avenue and each building will be separately connected.  A lift station is proposed to pump the sewage from this development back to the existing sanitary sewer available to the west. Municipal water is provided by a sixteen-inch water main in 39th Street and water service will be looped through the property in a twenty-foot wide easement.  Fire hydrants will be installed for fire protection. 

 

Proposed stormwater detention is depicted on the Public Works Plan in a cell that is situated along the east property line of the development. Calculations have been submitted to the City Engineer. No Building Permits will be issued until the City Engineer approves the design and calculations for the stormwater cell.

 

Craig Bennett from Miller & Associates made a power point presentation and answered any questions from the Council.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lammers to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gary and Mary Jo Henderson (Owner) to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of Government Lots 3 and 4 in Section 29, Township 9 North, Range 15 West of the 6th P.M., containing 17.65 acres, more or less, Buffalo County, Nebraska (east of Box Butte, west of Cherry Avenue and north of 39th Street). Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

FINAL PLAT FOR NORTHEAST INDUSTRIAL FIFTH SUBDIVISION; EAST OF BOX BUTTE, WEST OF CHERRY AVENUE AND NORTH OF 39TH STREET

 

Public Hearings 3 and 4 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gary and Mary Jo Henderson (Owner) for the Final Plat and Subdivision Agreement for “Northeast Industrial Fifth Subdivision”, a subdivision of Buffalo County, Nebraska for property described as part of Government Lots 3 and 4 in Section 29, Township 9 North, Range 15 West of the 6th P.M., containing 17.65 acres, more or less, Buffalo County, Nebraska (east of Box Butte, west of Cherry Avenue and north of 39th Street) and to consider approval of Resolution No. 2007-247.

 

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 Craig Bennett from Miller & Associates (Applicant) for Gary and Mary Jo Henderson (Owner) for the Final Plat and Subdivision Agreement for “Northeast Industrial Fifth Subdivision”, a subdivision of Buffalo County, Nebraska for property described as part of Government Lots 3 and 4 in Section 29, Township 9 North, Range 15 West of the 6th P.M., containing 17.65 acres, more or less, Buffalo County, Nebraska (east of Box Butte, west of Cherry Avenue and north of 39th Street) and approve Resolution No. 2007-247. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-247

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “NORTHEAST INDUSTRIAL FIFTH SUBDIVISION” a subdivision being that property described as a tract of land being part of Government Lots 3 and 4 in Section 29, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the southeast corner of Government Lot 4, also being the southwest corner of Government Lot 3 in said Section 29 and assuming the east line of said Government Lot 4 as bearing N00°02’48”E and all bearings contained herein are relative thereto; thence N00°02’48”E and on said east line a distance of 80.22 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the north line of 39th Street, a street in Buffalo County, Nebraska; thence N89°58’10”W and on said north line a distance of 979.43 feet to a point on Box Butte Avenue, an avenue in Buffalo County, Nebraska; thence N00°02’19”E and on the east line of said Box Butte Avenue a distance of 761.4 feet to the north line of said Government Lot 4; thence east and on the north line of said Government Lot 4 a distance of 979.53 feet to the northeast corner of said Government Lot 4 and northwest corner of said Government Lot 3; thence east and on the north line of said Government Lot 3 a distance of 30.0 feet; thence S00°02’48”W and parallel with the west line of said Government Lot 3 a distance of 761.93 feet to the north line of said 39th Street; thence N89°58’10”W and on the north line of said 39th Street a distance of 30.0 feet to the place of beginning, containing 17.65 acres, more or less, all located in Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) be accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska.

            BE IT FURTHER RESOLVED that the Subdivision Agreement, marked as Exhibit “A” attached hereto and made a part hereof by reference, be and is hereby approved and that the President of the Council be and is hereby authorized and directed to execute said agreement on behalf of the City of Kearney, Nebraska. Said Subdivision Agreement shall be filed with the final plat with the Buffalo County Register of Deeds.

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

            PASSED AND APPROVED THIS 11TH DAY OF DECEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

FINAL PLAT FOR NEW WEST ADDITION; SOUTHEAST CORNER OF 30TH AVENUE AND 35TH STREET

 

Mayor Clouse stated the City received notification from the applicant to table the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Ryan Page for New West Properties, LLC (Owner) for the Final Plat for “New West Addition”, an addition to the City of Kearney, Buffalo County, Nebraska for property described as part of Lot 2, (to be vacated) Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street).

 

Moved by Lear seconded by Buschkoetter to table until December 26, 2007 the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Ryan Page for New West Properties, LLC (Owner) for the Final Plat for “New West Addition”, an addition to the City of Kearney, Buffalo County, Nebraska for property described as part of Lot 2, (to be vacated) Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street). Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

DEVELOPMENT PLANS FOR MEDICAL OFFICE FACILITY AT SOUTHEAST CORNER OF 30TH AVENUE AND 35TH STREET

 

Mayor Clouse stated the City received notification from the applicant to table the public hearing on the Application submitted by Ryan Page for NWBC, LLC (Applicant and Owner) for Planned District Development Plan Approval for the construction of a medical office facility on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as part of Lot 2, (to be vacated) Marianne Hunt Addition to the City of Kearney, Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street).

 

Moved by Lear seconded by Buschkoetter to table until December 26, 2007 the public hearing on the Application submitted by Ryan Page for NWBC, LLC (Applicant and Owner) for Planned District Development Plan Approval for the construction of a medical office facility on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as part of Lot 2, (to be vacated) Marianne Hunt Addition to the City of Kearney, Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street). Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

AMEND TABLE 14-1 OF CHAPTER 14 “ZONING DISTRICT REGULATIONS” OF CITY CODE

 

Mayor Clouse stated the applicant, Paul Brungardt from Brungardt Engineering, has requested to table the public hearing on the Application to amend Table 14-1 “Use Matrix” of Chapter 14 “Zoning District Regulations” of the Code of the City of Kearney to discuss amending the Civic Use Type to allow both “Group Care Facility” and “Secondary Education” as permitted uses in District AG, Agricultural District.

 

Moved by Buschkoetter seconded by Clouse to table until December 26, 2007 the public hearing on the Application to amend Table 14-1 “Use Matrix” of Chapter 14 “Zoning District Regulations” of the Code of the City of Kearney to discuss amending the Civic Use Type to allow both “Group Care Facility” and “Secondary Education” as permitted uses in District AG, Agricultural District. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

IV.    CONSENT  AGENDA

 

Moved by Clouse seconded by Kearney that Subsections 1 through 9 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 Regular Meeting held November 27, 2007.

 

2.         Approve the following Claims: 3M $1,856.25 smcs; Academic Super Store $192.90 smcs; Ace Hardware $94.68 smcs; Ace Irrigation $47.68 smcs; AFLAC $2,555.24 ps; Air Midway $88.20 smcs; Alertshirt $139.42 smcs; Alltel $4,132.17 smcs; Amazon $165.92 smcs; Amer Electric $2,486.74 smcs,co; Amer Legion $119.65 smcs; Amer Power $449.49 smcs; Amsan $931.69 smcs; Ask Supply $1,209.93 smcs; Aurora Coop $1,020.25 smcs,co; Auto Glass $191.02 smcs; Baer Frame & Alignment $381.13 smcs; Best Western Hotels $160.08 smcs; Blessing $374,791.75 co; Bluecross Blueshield $67,473.29 smcs; Boogaarts $10.80 smcs; Bosselman $44,476.74 smcs; Bowman,R $10.00 smcs; Bruce Furniture $1,723.04 co; Buffalo Co Court $138.10 ps; Buffalo Co Reg Deeds $123.00 smcs; Buffalo Co Treasurer $18,750.00 smcs; Buggy Bath $125.00 smcs; Builders Warehouse $2,626.65 smcs,co; Bulbscom $890.29 smcs; Cabela's $4,298.97 smcs; Capital Bank & Trust $192.30 ps; CBA Lighting $173.80 smcs; CDW Gov't $1,570.74 smcs,co; CED Enterprise $122.71 smcs; Central Auto Electric $211.25 smcs; Central Contracting $151,687.80 co; Central District Health $3,710.00 smcs; Central Hydraulic Systems $304.13 smcs; CHAD $15.00 ps; Chamberlin Group $51.98 smcs; Charter $257.05 smcs; City of Ky $262,527.49 ps; Cold Spring Granite $480.60 smcs; College Savings Plan of NE $75.00 ps; Colorado Chapter ICC $260.00 smcs; Computer Pros $45.00 smcs; Conseco Life Ins $24.00 ps; Construction Rental $143.81 smcs; Copycat Printing $989.06 smcs; Corey's Complete Detailing $200.00 smcs; Courtyard by Marriott $300.64 smcs; Cowpoke $402.95 smcs; Creative Product Sourcing $237.60 smcs; Crocker & Company $201.00 smcs; Crossroads Ford $528.00 smcs; Crushers $8,825.08 co; Culligan $251.00 smcs; Cummins Central Power $168.14 smcs; Daylight Donuts $47.10 smcs; Delight Donuts $56.34 smcs; Dell $1,399.20 smcs; Depository Trust $643,375.00 ds; Dept of the Treasury $28.08 ps; Diamond Vogel Paints $138.45 smcs; Ditch Witch $227.88 smcs; Divotech Golf $566.32 smcs; Dmilaco Sports Fashion $134.40 smcs; DNS Stuff $36.00 smcs; Double M Farms $2,000.00 smcs; Dowling,J $11.49 smcs; Dreyer,D $79.51 smcs; Dutton-Lainson $141.50 co; DVD/Video Tape Rental $46.72 smcs; Eakes $609.70 smcs,co; Earl May $657.96 smcs; EDM Equipment $318.97 smcs; Eirich,T $50.00 smcs; Elliott Equipment $614.26 smcs; Embassy Suites $250.00 smcs; Envirotech $14,524.40 smcs; Eustis Body Shop $135.00 smcs; Expression Wear $16.00 smcs; Exxonmobile $41.99 smcs; F&S Supply $391.05 smcs; Fairbanks $4,300.01 smcs; Fastenal $926.73 smcs,co; Fireguard $209.86 smcs; Forensic Training $600.00 smcs; Fort Bend Services $7,260.00 smcs; Frontier $224.65 smcs; Galbreath $676.44 smcs; Galeton Gloves $697.95 smcs; Galls $488.59 smcs; Garrett Tires $2,137.36 smcs,co; General Traffic Controls $160.52 smcs; Golf Course Superintendent $150.00 smcs; Gordon's Small Engine $41.54 smcs; Graham Tire $886.35 smcs; Graham,N $9.00 smcs; Grainger $928.80 smcs; Grand Central IGA $76.40 smcs; Great Plains Safety $675.00 smcs; Gryphon Wireless $2,246.32 co; Harbor Freight $78.97 smcs; Harley-Davidson $248.91 smcs; HD Supply $3,479.84 smcs; Heartland Transmission $793.00 smcs; Hilton Hotels $156.52 smcs; Holiday $45.66 smcs; Holmes Plumbing $653.23 smcs; Hoskins,N $20.28 smcs; Hotelscom $92.56 smcs; HTE Users $195.00 smcs; ICMA $1,180.00 smcs; ICMA RC $2,648.57 ps; ICSC $70.00 smcs; Inland Truck Parts $292.86 smcs; IRS $101,974.98 ps; IIMC $175.00 smcs; Jacobsen,Orr,Nelson $4,486.42 smcs; JCPenney $2,242.59 smcs; Johnson,S $50.00 smcs; JR's Western $1,146.59 smcs; K&K Parts $148.30 smcs; Katsuya of Japan $37.14 smcs; Ky Clinic $35.00 smcs; Ky Concrete $250.50 smcs; Ky Glass $38.27 smcs; Ky Hub $600.20 smcs; Ky Humane Society $7,200.00 smcs; Ky Implement $820.19 smcs; Ky Shoe Hospital $10.00 smcs; Ky United Way $816.00 ps; Ky Visitors Bureau $21,014.43 smcs; Ky Warehouse $2,641.91 smcs; Ky Winlectric $233.29 smcs; Ky Winnelson $2.86 smcs; Kirkham Michael $17,000.00 co; Kowalek,G $16.72 smcs; Labelmaster $154.40 smcs; Laughling,K $360.00 ps; Lawson Products $380.28 smcs; Liberty of Congress $201.95 smcs; Lincoln Journal Star $760.20 smcs; Linweld $401.90 smcs; Lockmobile $14.45 smcs; LTI Total $765.00 smcs,co; Lundarpages Webhost $141.80 smcs; Machines and Media $218.00 smcs; Magic Cleaning $250.00 smcs; Mail Express $81.43 smcs; Marlatt Machine Shop $76.42 smcs; McCarty,D $11.49 smcs; McDonald's $64.74 smcs; McMaster-Carr $619.07 smcs; Menards $2,247.44 smcs,co; Metlife $8,180.56 ps; Midway Chevrolet $103.15 smcs; Midwest Turf $120.20 smcs; Miller Signs $1,562.00 smcs,co; Misko Sports $139.95 smcs; Moonlight Embroidery $91.00 smcs; Morrissey Engineering $1,890.00 smcs; Mosbarger,B $200.00 ps; MPH Industries $2,399.00 co; Mr Automotive $893.20 smcs; Municipal Emergency $23.00 smcs; Municipal Supply $1,822.32 smcs; Napa All Makes $2,575.46 smcs; Nathan's Curb Grinding $88.00 co; Nat'l Business Furniture $258.00 co; NFPA $170.77 smcs; NCS Equipment $1,175.00 smcs,co; NE All Battery $56.72 co; NE Child Support $2,321.24 ps; NE Community Foundation $150.00 smcs; NE Dept of Revenue $44,788.58 ps; NE Golf & Turf $2,000.00 smcs; NE Golf Association $150.00 smcs; NE Safety & Fire Equipment $160.50 smcs; NE State Treasurer $404.34 smcs; NE Truck Center $264.86 smcs; Nelson's Furniture $204.10 smcs; New World Systems $52,000.00 smcs; Newman Signs $237.35 smcs; Northwestern Energy $3,530.19 smcs; Office Depot $578.26 smcs; Office Max $1,145.87 smcs,co; Officenet $1,427.38 smcs,co; Omaha Door & Window $1,650.84 smcs; Omaha World Herald $75.40 smcs; O'Reilly Auto $1,533.94 smcs; Oriental Trading $63.72 smcs; Orscheln $1,118.69 smcs,co; Owl Systems $134.98 smcs; Paper Valley Restaurant $8.87 smcs; Paramount Linen $19.50 smcs; Pat's Plumbing $580.00 co; Payflex Systems $463.25 ps; Pep Co $51.10 smcs; Personal Best $61.35 smcs; Pioneer Revere $588.20 smcs; Platte Valley Comm $7,053.67 smcs,co; Portable Computer Systems $239.00 co; Powderhorn $237.38 smcs; Powerplan $12,977.47 smcs; Presto-X $136.00 smcs; Quill $499.07 smcs,co; Radisson Paper Valley $439.56 smcs; Reams Sprinkler Supply $3,246.38 smcs,co; Recognition Unlimited $9.06 smcs; Redman's $4,276.98 smcs; Rocky Mountain Park $1,172.82 smcs; Sahling Kenworth $154.82 smcs; Sara Lee Bakery $19.80 smcs; Sargent Drilling $115,677.06 co; School-Tech $135.07 smcs; Sears $854.97 smcs,co; See Clear Cleaning $3,200.00 smcs; Sherwin Industries $347.00 smcs; Sherwin Willams $114.55 smcs; Sixth Street Self Storage $82.50 smcs; Skyhawke Technologies $330.83 smcs; Softchoice $4,288.77 smcs,co; Solid Waste Agency $45,056.55 smcs; Sprinkler Warehouse $913.00 smcs; State of NE HHS Laboratory $1,700.00 smcs; Steinbrink's Landscaping $370.25 smcs; Sun Life Financial $22,003.62 smcs; Sungaard HTE $150.00 smcs; Sunmart $153.60 smcs; Sydow,J $40.00 smcs; Target $25.68 smcs; Tarvestad,T $75.00 smcs; Tattoofun $365.00 smcs; Teledyne $556.00 smcs; Tinafeek $15.00 smcs; Tomark Sports $1,348.49 smcs; Toolbarncom $65.40 smcs; Tractor-Supply $3,316.93 smcs,co; Tradehome Shoes $99.99 smcs; Trafficguard Direct $430.00 smcs; Tri City Outdoor Power $245.03 smcs; Tye & Rademacher $11,879.27 smcs; UAP $1,290.91 smcs; UPS Store $38.95 smcs; US Bank $1,050.00 smcs; USA Blue Book $351.42 smcs; USPS $121.82 smcs; Vanderbilts $90.99 smcs; Video Kingdom $41.38 smcs; Village Uniform $472.26 smcs; Walgreen's $16.52 smcs; Wal-Mart $1,943.99 smcs; Water Environment $267.00 smcs; West Central Home Builders $500.00 smcs; Westin Convention Center $770.64 smcs; Wilke Donovan's $574.42 smcs; Williams,M $126.10 smcs; Williamson-Dickie $37.99 smcs; Wings America $41.15 smcs; WKI Paylinks $40.75 smcs; World Herald Advertising $435.48 smcs; Worley Monument $12,000.00 co; WPCI $100.00 ps; Wrecker Boyz Towing $375.00 smcs; Young,M $27.60 smcs; Zimmerman Printers $349.79 smcs; Payroll Ending 11-24-2007 -- $293,985.47; Longevity Payroll for 2007 -- $38,700.55. 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.         Amend the rules and regulations for the distribution of keno proceeds and approve Resolution No. 2007-250.

 

RESOLUTION NO. 2007-250

 

            WHEREAS, on November 6, 1990, the voters of the City of Kearney, at a Special Election, voted in favor of establishing and conducting a lottery as permitted under the Nebraska County and City Lottery Act; and

            WHEREAS, the City Council and Administration of the City of Kearney intend to fulfill their duty to reasonably manage, preserve, and expend the funds to be derived from said lottery by establishing a Lottery Trust Fund, and have determined that certain rules and regulations should be adopted and established relative to the Lottery Trust Fund.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the following rules and regulations are hereby authorized relative to the City of Kearney Lottery Trust Fund:

 

INTRODUCTION

The purpose of the City of Kearney Lottery Trust Fund is to provide an adequate and full accounting of all lottery revenues and the subsequent disbursement of the revenues for auditing, legal and state tax expenses, and Community Betterment Purposes as permitted by the Nebraska County and City Lottery Act.

 

FUNDING SOURCE

Funding for the Lottery Trust Fund includes gross proceeds generated by the Lottery Operator after reductions for prizes, and commissions paid to the Lottery Operator.  Additionally, all interest earned on the fund balance of the Lottery Trust Fund is also included as a funding source of the Lottery Trust Fund. 

 

COMMUNITY BETTERMENT DISTRIBUTIONS

Community Betterment Funds (Funds) will be disbursed on an annual basis for all Community Betterment Projects that have been approved by the City Council and included in the City of Kearney Annual Operating Budget and Program of Services.  The Funds will be available after October 1 of each year and must be expended prior to September 30 of the following year. The Funds that are available for Community Betterment Projects include all revenues deposited to the Lottery Trust Fund less all legal, audit, taxes and other allowable lottery expenses. The Funds shall be appropriated by the City Council each year (during the normal budget process) for the ensuing fiscal year in the following manner:

·         At a maximum, ten percent of the Funds shall be disbursed to private or public not-for-profit organizations located within the City of Kearney and no more than $5,000.00 shall be awarded to any single organization. The organizations shall use the Funds only for Community Betterment Purposes as defined in Section 9-604 of the Nebraska Revised Statutes.  Priority will be given toward requests of one-time capital purchases and they will receive greater consideration than requests for non-capital purchases. Organizations that request Funds shall do so by May 1 of each year by completing a Lottery Trust Fund Application form. 

·         At a minimum, ninety percent of the Funds shall be disbursed to the various Departments and Divisions of the City of Kearney. The Departments and Divisions shall use the Funds only for Community Betterment Purposes as defined in Section 9-604 of the Nebraska Revised Statutes.  Priority will be given toward requests of one-time capital purchases and they will receive greater consideration than requests for non-capital purchases. Departments and Divisions of the City of Kearney that request Funds shall do so by May 1 of each year by completing a Lottery Trust Fund Application form.

·         Unallocated funds, if any, shall be available for disbursement to the various Departments and Divisions of the City of Kearney for Community Betterment Purposes as defined in Section 9-604 of the Nebraska Revised Statutes.

  

COMMUNITY BETTERMENT PURPOSES

1.     Community Betterment Purposes shall mean the use of lottery proceeds in the following manner:

(a)     Enhancing a person’s opportunity for educational advancement.

                     Examples include contributing to the operation of a school; or establishing or contributing to a scholarship fund.

 (b)    Relieving or protecting individuals from disease, suffering, or distress.

                     Examples include purchasing food or clothing for the needy; or helping to provide medical care for individuals in need.

 (c)    Contributing to the physical well being of individuals.

                     Examples include donations to foster athletic activities; or building, improving, or maintaining parks or recreation facilities; or sponsoring amateur athletic leagues or programs.

 (d)    Assisting individuals in establishing themselves as worthy and useful citizens by providing educational or business opportunities.

                     Examples include contributing to training programs designed to provide individuals with job skills; or aiding handicapped people in making contributions to the community.

 (e)    Providing individuals with opportunities to contribute to the betterment of the community.

                     Examples include initiating cleanup or beautification projects.

 (f)     Increasing the comprehension and devotion to the principles upon which this nation was founded.

                     Examples include sponsoring civic events to make individuals more aware of the history of the United States, State of Nebraska, or other civic institutions of principles.

 (g)    Initiating, performing, or fostering worthy public works or enabling or furthering the erection or maintenance of public structures.

                     Examples include contributing to building fund; or donations to fund parks or recreation areas.

 (h)    Lessening the burdens borne by government or voluntarily supporting, augmenting, or supplementing services which government would normally render to the people.

                     Examples include paying for housing, food, or medical services for needy people; or aiding the elderly; or contributing to the general fund of the city.

 (i)     Providing tax relief for the city.

                     Examples include funding any programs or needs which would normally be paid for by taxes imposed upon the community.

 (j)     Proceeds derived from the conduct of the lottery shall not be used for any political activity.

                     Examples include lobbying, or participating in or contributing to any political campaign on behalf of any elected official or person who is or has been a candidate for public office.

            BE IT FURTHER RESOLVED that all resolutions and parts of resolutions in conflict herewith are hereby repealed and that Resolution No. 98-48 is hereby specifically rescinded and repealed.

            PASSED AND APPROVED THIS 11TH DAY OF DECEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

4.         Approve the Agency Agreement and Amendment No. 1 between the City of Kearney and the Nebraska Department of Aeronautics for Project 3-31-0045-20(X-01) (formerly designated as Project G-01) in connection with the “Rehabilitating of Runway 18/36 and Taxiways A and C – Seal Coat and Markings” at the Kearney Regional Airport and approve Resolution No. 2007-251.

 

RESOLUTION NO. 2007-251

 

A RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF THE AGENCY AGREEMENT WITH THE DEPARTMENT OF AERONAUTICS OF THE STATE OF NEBRASKA EXCLUSIVELY FOR AIP PROJECT NO. 3-31-0045-20(G-01), NOW DESIGNATED AS AIP PROJECT NO. 3-31-0045-20(X-01), TO BE SUBMITTED BY THE DEPARTMENT TO THE FEDERAL AVIATION ADMINISTRATION TO OBTAIN FEDERAL ASSISTANCE FOR THE DEVELOPMENT OF THE AIRPORT.

            WHEREAS, the Federal Aviation Administration (FAA) has recommended that the City of Kearney initiate actions for the construction of AIP Project No. 3-31-0045-20(G-01) for the proposed rehabilitation of Runway 18/36 and Taxiways A and C – Seal Coat and Markings” at the Kearney Regional Airport; and

            WHEREAS, it is deemed to be in the best interests of the City of Kearney, Nebraska to enter into an Agency Agreement with the Department of Aeronautics for AIP Project No. 3-31-0045-20(G-01);

            WHEREAS, AIP Project No. 3-31-0045-20(G-01) has been designated as AIP Project No. 3-31-0045-20(X-01) and it is necessary for the execution of Amendment No. 1 to the Agency Agreement deleting the reference of AIP Project No. 3-31-0045-20(G-01) and designating it to AIP Project No. 3-31-0045-20(X-01); and

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

            1.         The City of Kearney shall enter into an Agency Agreement with the Department of Aeronautics for exclusively for AIP Project No. 3-31-0045-20(G-01) for the purpose of obtaining federal assistance in the development of the Airport for the proposed rehabilitation of Runway 18/36 and Taxiways A and C – Seal Coat and Markings” at the Kearney Regional Airport and that such agreement shall be set forth hereinbelow.

            2.         The Mayor of the City of Kearney, Nebraska is hereby authorized and directed to execute said Agency Agreement exclusively for AIP Project No. 3-31-0045-20(G-01) on behalf of the City of Kearney, Nebraska and the City Clerk is hereby authorized to attest said execution.

            3.         The Mayor of the City of Kearney, Nebraska is hereby authorized and directed to execute Amendment No. 1 to Agency Agreement designating AIP Project No. 3-31-0045-20(G-01) as AIP Project No. 3-31-0045-20(X-01) on behalf of the City of Kearney, Nebraska and the City Clerk is hereby authorized to attest said execution.

            4.         Said Agency Agreement and Amendment No. 1 exclusively for AIP Project 3-31-0045-20(X-01) (formerly designated at AIP Project No. 3-31-0045-20(G-01)), referred to hereinabove, marked as Exhibit “O” are attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 11TH DAY OF DECEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

5.         Approve the Consultant’s Agreement between the City of Kearney and Kirkham Michael & Associates for Airport Improvement Project 3-31-0045-20(X-01) for “Rehabilitating Runway 18/36 and Taxiways A and C – Seal Coat and Markings” at the Kearney Regional Airport and approve Resolution No. 2007-252.

 

RESOLUTION NO. 2007-252

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President of the Council be and is hereby authorized and directed to execute the Consultant’s Agreement with Kirkham Michael & Associates for Airport Improvement Project No. 3-31-0045-20(X-01) (formerly designated as G-01) for “Rehabilitate Runway 18/36 and Taxiways A and C – Seal Coat and Markings” at the Kearney Regional Airport.

            PASSED AND APPROVED THIS 11TH DAY OF DECEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

6.         Approve the bid received for the purchase of a truck cab and chassis, spreader, snow plow and snow plow hitch for the Transportation Division and award the bid to Nebraska Truck Center in the amount of $113,604.00.

 

7.         Approve T-Hangar C-10 Lease Agreement at the Kearney Regional Airport between the City of Kearney and Dennis McGowan, dba Capital Holdings 149, LLC and approve Resolution No. 2007-253.

 

RESOLUTION NO. 2007-253

 

BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the T-Hangar C-10 Lease Agreement at the Kearney Regional Airport on behalf of the City of Kearney, Nebraska with Dennis McGowan, dba Capital Holdings, LLC, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 11TH DAY OF DECEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

8.         Approve Change Order No. 3 showing no increase, Application and Certificate for Payment No. 15-Final in the amount of $168,186.20, and Certificate of Substantial Completion submitted by Sargent Drilling Co. and approved by Miller & Associates for the Northwest Well Field Improvements – Phase I (Municipal Water Wells) and approve Resolution No. 2007-254.

 

RESOLUTION NO. 2007-254

 

            WHEREAS, Sargent Drilling Co. of Broken Bow, Nebraska has performed services in connection with the Northwest Well Field Development; Phase I – Municipal Water Wells, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 3 showing no increase or decrease but to adjust contract quantities to actual quantities installed as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

            WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 15-Final in the amount of $168,186.20 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$2,364,294.50

            Change Order No. 1 (4-10-2007)

            Change Order No. 2 (9-25-2007)

additional working days to the contract time

            Change Order No. 3 (12-11-2007)

+   142,586.66

.00

 

                  .00

Contract Sum to Date

$2,506,881.66

Gross Amount Due

2,506,881.66

Retainage

.00

Amount Due to Date

2,506,881.66

Less Previous Certificates for Payment

  2,338,694.96

Current Payment Due

 

$   168,186.20

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of November 9, 2007, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 3, as shown on Exhibit “A”, Application and Certificate for Payment No. 15-Final, as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 11TH DAY OF DECEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

9.         Approve Change Order No. 5 showing a decrease in the amount of $8,999.31 submitted by Hausmann Construction and approved by Wilkins Hinrichs Stober Architects in connection with the Harmon Park Activity Center and approve Resolution No. 2007-255.

 

RESOLUTION NO. 2007-255

 

WHEREAS, Hausmann Construction has performed services in connection with the construction of the Harmon Park Activity Center, and the City's architect, Wilkins Hinrichs Stober Architects, have filed with the City Clerk Change Order No. 5 showing a decrease in the amount of $8,999.31 as shown on Exhibit “A”, attached hereto and made a part hereof by reference:

 

Original Contract Sum

$1,644,000.00

            Change Order No. 1 (1-23-2007)

            Change Order No. 2 (1-23-2007)

            Change Order No. 3 (7-10-2007)

            Change Order No. 4 (9-11-2007)

            Change Order No. 5 (12-11-2007)

+         300.00

+      5,577.50

-       1,147.59

+      4,269.40

-       8,999.31

Contract Sum To Date

$1,642,922.61

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 5 as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 11TH DAY OF DECEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7394 – VIAERO WIRELESS CONDITIONAL USE PERMIT (PERTAINS TO PUBLIC HEARING 1)

 

Mayor Clouse stated the applicant requested Ordinance No. 7394 proposing to grant a Conditional Use Permit to NE Colorado Cellular, Inc., dba Viaero Wireless (Applicant) and Firstier Capital Corporation, dba Kearney Event Center, Inc. (Owner) to construct a 150-foot tall self supporting telecommunications pole, a backup generator, a 1,000 gallon propane tank and space for two 9 foot by 15 foot by 8.5 foot tall concrete buildings (one current and one future) to house electronic equipment on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 2, Broadfoot Third Addition to the City of Kearney, Buffalo County, Nebraska (609 Platte Road) to remain on the table until December 26, 2007.  Therefore, no action was taken.

 

ORDINANCE NO. 7401 – REZONE EAST OF BOX BUTTE, WEST OF CHERRY AVENUE AND NORTH OF 39TH STREET (PERTAINS TO PUBLIC HEARING 3)

 

Council Member Kearney introduced Ordinance No. 7401, being Subsection 2 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of Government Lots 3 and 4 in Section 29, Township 9 North, Range 15 West of the 6th P.M., containing 17.65 acres, more or less, Buffalo County, Nebraska (east of Box Butte, west of Cherry Avenue and north of 39th Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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, 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. 7401 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 Lammers seconded by Lear that Ordinance No. 7401 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. 7401 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. 7402 – VACATE A PORTION OF LOT 2, MAIANNE HUNT ADDITION (PERTAINS TO PUBLIC HEARINGS 5 AND 6)

 

Mayor Clouse stated that Ordinance No. 7402 pertains to Public Hearings 5 and 6 which have been tabled.  Therefore, Ordinance No. 7402 proposing to vacate part of Lot 2, Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street) will need to be tabled.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7402 be tabled until December 26, 2007as requested by the applicant. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

PUBLIC SAFETY EQUIPMENT TAX ANTICIPATION BONDS, SERIES 2002

 

Regular Agenda Items 4 and 5 were discussed together but voted on separately.

 

Mayor Clouse opened for discussion the calling for payment on January 15, 2008, Pubic Safety Equipment Tax Anticipation Bonds, Series 2002 and to consider approval of Resolution No. 2007-256.

 

On January 9, 2007 the City Council approved the purchase of property north of Fire Station Number 1 to expand Fire Station Number 1 facilities.  Additionally, on June 26, 2007 the City Council approved a contract with Central Contracting, Inc. for improvements at Fire Station Number 1.  Finally, on October 23, 2007 the City Council awarded a bid to purchase a fire pumping apparatus from Smeal Fire Apparatus Company. As indicated in the 2007-2008 budget document, the funding source for the improvements and equipment will be from proceeds received from the issuance of Public Safety Tax Anticipation Bonds. The City is permitted to issue Public Safety Tax Anticipation Bonds pursuant to Sections 18-2101 and 18-2102 of the Nebraska State Statutes without an election. These same statutes allow cities to levy a special tax each year of not more than five cents on each one hundred dollars upon the taxable value of all the taxable property within the City.

 

Also, the City currently has Series 2002 Public Safety Tax Anticipation Bonds outstanding.  It appears that the City could save approximately $50,000.00 over the next ten years by refinancing these bonds at a lower interest rate; therefore, the refinancing of these bonds has been included with the issuance of the Series 2007 Public Safety Tax Anticipation Bonds.

 

An ordinance prepared by the City’s Fiscal Agent, Bruce Lefler of Ameritas Investment, provides for the issuance of the Public Safety Tax Anticipation Bonds. The principal amount of the bonds is $2,125,000.00 and the use of the bond proceeds will be as follows:

 

            Property north of Fire Station Number 1                                                    $75,178.20

            House removal                                                                                         $6,621.00

            Engineering/Architect                                                                              $43,817.12

            Fire Station Number 1 Improvements                                                      $208,674.00

            Pumping apparatus                                                                               $421,300.00

            Equipment for pumping apparatus                                                          $137,140.00

            Contingencies                                                                                          $8,328.85

            Redemption of Series 2002 PSTAB’s                                                   $1,189,790.83

            Bond issuance costs                                                                              $29,150.00

 

The new bonds will have a fifteen-year maturity schedule with an estimated interest rate of 3.65% on the one-year bonds to 4.45% on the fifteen-year bonds.  The actual interest rate will be determined on December 10, 2007 and presented to the council by Bruce Lefler. The estimated annual payment on the bonds will be approximately $88,000.00 each year for the fifteen years that the bonds are outstanding. Therefore, the property tax levy will be approximately .608 cents per one hundred dollars of valuation or $6.08 per year on a home valued at $100,000.00.  The City will be required to include the additional funding in its annual budget to pay the principal and interest on the Bonds during the fifteen-year life of the Bonds.

 

Bruce Lefler from Ameritas presented this matter to the Council.  They looked at the possibility of refinancing the Series 2002 Bonds in connection with doing the bond issue to obtain funds for the Fire Department.  He stated that currently the Series 2002 Bonds ($1,185,000.00), Series 2002B ($1,065,000.00), 2004 Series ($235,000.00) remains outstanding of the principal amount.  On the second part of the 2008 bonds, they plan to refund the Series 2002 Bonds over the same period of time so they will not affect the maturity schedule of those bonds.  They will reduce the average coupon from five percent on the outstanding bonds to 3.64 percent on the refunding portion of the new bonds which will be a savings of approximately $66,000.00 in debt service over the remaining term of the issue. 

 

In addition, they have $915,000.00 which will be used to fund the Fire Station I project, as well as some additional equipment. The combined issue totals of $2,125,000.00 which will be repaid over a period of 15 years at an average interest rate of 3.84 percent for the 2008 Series Bonds.  The 2008 bonds will provide new money for this project and refinance the 2002 Series Bonds.

 

Moved by Buschkoetter seconded by Clouse to approve calling for payment on January 15, 2008, Pubic Safety Equipment Tax Anticipation Bonds, Series 2002 and approve Resolution No. 2007-256. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-256

 

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

            Section 1.  The following bonds of the City of Kearney, Nebraska, in accordance with their option provisions are hereby called for payment on January 15, 2008, after which date interest on the bonds will cease:

Public Safety Equipment Tax Anticipation Bonds, Series 2002, date of original issue - May 15, 2002, in the principal amount of One Million One Hundred Eighty-five Thousand Dollars ($1,185,000), numbered as shown on the books of the Paying Agent and Registrar becoming due and bearing interest as follows:

 

 

Principal Amount

 

 

Maturity Date

 

Interest Rate

 

CUSIP No.

$   95,000

May 15, 2008

            4.35%

486890 QW9

100,000

May 15, 2009

            4.50

486890 QX7

105,000

May 15, 2010

            4.60

486890 QY5

110,000

May 15, 2011

            4.70

486890 QZ2

115,000

May 15, 2012

            4.75

486890 RA6

120,000

May 15, 2013

            4.85

486890 RB4

125,000

May 15, 2014

            4.95

486890 RC2

130,000

May 15, 2015

            5.05

486890 RD0

140,000

May 15, 2016

            5.15

486890 RE8

145,000

May 15, 2017

            5.25

486890 RF5

 

Said bonds are hereinafter referred to as the “Refunded Bonds.”

 

Said bonds are subject to redemption at any time on or after May 15, 2007, at par and accrued interest, and said interest is payable semiannually.

 

            Section 2.  Said bonds are to be paid off at the office of the Treasurer of the City of Kearney, Kearney, Nebraska, as paying agent and registrar.

            Section 3.  A true copy of this resolution shall be filed immediately with the Treasurer of the City of Kearney in Kearney, Nebraska, as Paying Agent and Registrar for the Refunded Bonds, and said Paying Agent and Registrar is hereby instructed to mail notice to each registered owner of said bonds not less than thirty days prior to the date fixed for redemption, all in accordance with the ordinance authorizing said called bonds.

            PASSED AND APPROVED THIS 11TH DAY OF DECEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

ORDINANCE NO. 7403 – ISSUE PUBLIC SAFETY DEPARTMENT TAX ANTICIPATION BONDS (FIRE STATION 1 IMPROVEMENTS AND FIRE TRUCK)

 

Council Member Clouse introduced Ordinance No. 7403, being Subsection 5 of Agenda Item VI to authorize the issuance of Public Safety Department Tax Anticipation Bonds of the City of Kearney, Nebraska, in the principal amount of $2,125,000.00 for the purpose of paying and redeeming $1,185,000.00 of the City’s outstanding Public Safety Equipment Tax Anticipation Bonds, Series 2002, Date of Original Issue – May 15, 2002; and for the purpose of constructing improvements to Fire Station No. 1, purchasing and maintaining public safety vehicles and public safety equipment and miscellaneous costs associated therewith; directing the application of the proceeds of said bonds; prescribing the form of said bonds; providing for the levy and collection of taxes to pay the same; providing for the sale of the bonds; authorizing the delivery of the bonds to the purchaser; and ordering the ordinance published in pamphlet form, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member Kearney seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: 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. 7403 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 Kearney seconded by Lammers that Ordinance No. 7403 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. 7403 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: NPPD - $454.22, PLATTE VALLEY STATE BANK - $45,174.56, SCHOOL DISTRICT #7 - $4,063.45

 

Moved by Lammers seconded by Buschkoetter that Open Account Claims in the amount of $45,174.56 payable to Platte Valley State Bank, and in the amount of $454.22 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Kearney, Buschkoetter, Lammers. Nay: None. Clouse and Lear abstained. Motion carried.

 

Moved by Lear seconded by Clouse that Open Account Claims in the amount of $4,063.45 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Clouse, Lear, Kearney. Nay: None. Buschkoetter and Lammers abstained. Motion carried.

 

VII.    REPORTS

 

PRESENTATION ON AIRPORT IMPROVEMENTS

 

City Manager Michael Morgan made a presentation to the Council on Airport improvements. This has been an ongoing discussion for some time, specifically about the Airport terminal.  He presented a report to the Council containing some of the Airport history, revenues, expenditures and future issues that will be coming up.   Based on this information, they hope to get input from the Council on some potential ideas for the Kearney Airport. 

 

In the early 1940’s the government purchased 2,820 acres for the airfield that was constructed in 1950.  Almost 2,400 acres of that 2,820 acres was transferred to the City of Kearney.  At that time, the FAA placed specific restrictions on the property.  For that reason, the City cannot proceed on projects with the special approval from the FAA to make changes.  In 1950, the City of Kearney opened the Airport to the public.  In 1959, commercial air service began.  In 1975, Great Lake Airlines began their service at the Kearney Airport. 

 

The total number of enplanements was at the highest in Kearney’s history in 2000.  There was a down turn in the number of enplanements after 9-11 and the City estimates that to be slightly under 13,000 enplanements for 2007 through November. 

 

Of the 2,400 acres at the Airport, 1356 acres are leased for agricultural purposes.  The terminal, taxiways, runways, industrial and airport tenants are located on the remainder. Currently, there are 60 aircraft at the airport.  There are 20,000 operations per year including corporate activity (jets), training and pleasure flying. The Airport also provide services such as; fuel, ground maintenance, towing, business services, flight instruction and housing the UNK flight training program. 

 

The total revenues of the Airport are almost $490,000.00 per year. The breakdown is $207,000.00 for land leases, $52,000 in hanger leases, t-hangers, warehouse, terminal building, land fees (which is fairly new), and ramp usage fees.  Fuel fees is an area for which we receive funds, but we have the potential to receive more. The Airport budgeted expenditures are about $556,000.00.  The Airport, as it stands today, is an almost break even proposition.  This shows that it has been well managed at this point.

 

The commercial side of the Airport has the check-in areas and the seating arrangements.  With the event of 9-11, the changes in security measures necessitated the large area occupied by the Transportation Security Administration. The TSA does not pay fees for leasing this part of the facility.  This made an impact on the operations and has changed how they operate. A number of complaints have been received because of the size and the way the waiting area is laid out.  There has been a project on the books for some time to finish the restrooms and do the ADA improvements.  They have held off on that project pending a total review of the entire facility.

 

The terminal was built in 1968 and has about 5,000 square feet.  A concern that has been frequently expressed is that it is a poor “front door image” for the community.  There are some customer service issues with lack of space for passengers.  There are also some issues with plumbing, electrical and age factors.  The building is currently used much differently than it was originally intended to be used.  Another customer issue is checking in and baggage claims since there is not a good way to do either.  The security layout is also troublesome and there are some parking needs that need to be changed. 

 

City Manager further stated they have done some comparisons with three other City Airports.  The North Platte terminal was built in 1949 with additions later.  It is about 12,000 square feet which includes a restaurant.  Scottsbluff is the most modern facility of the comparable cities.  They added 24,000 square feet in 2004 which was completed in 2005 at a cost of $7 million. Their terminal facility also includes their fixed based operator office (Kearney’s is separate).  Garden City, Kansas was built in 1959 and is approximately the same size as Kearney’s. 

 

City staff and the Airport Advisory Board have discussed a terminal that would meet the needs of the community with the Air Transportation Committee.  It has been suggested the size we would need is in the range of 10,000-12,000 square feet which is significantly less than some of the others.  There has been discussion about whether to combine the terminal with a fixed based operation.  They think it would be best to remodel the current facility for the fixed based operator side and build a new terminal addition.  Kearney will have passenger facility fees in the future that should generate about $50,000.00 per year which could go toward this project at some point.  Some future land sales at the airport are being discussed at this time.  They have some additional land that is on the non-airside of the airport that is fairly valuable that at some future point could be considered for sale.

 

They have not marketed the airport as an industrial park area.  They are working with John Krebs of the Economic Development Council, who has some good ideas about some things we could do at the Airport.  There are also additional funding sources with the FAA and TSA.  The TSA staff is temporarily in other offices and interested in leasing space for their staff within a new terminal.  They are also contemplating ordering the fuel that is sold at the Airport, which they believe will generate significant funds by doing so and could still keep the cost reasonable for the fixed based operator.   They have already made some changes in the past few years of $25,000.00-$30,000.00 a year in the fuel flowage fees. 

 

City Manager stated this project is a little unique because even with the likelihood that the annual debt service is $200,000.00 for 20 years, there are some funds that could reduce that annual debt service cost. The Kearney Facilities Corporation is a corporation that is developed and similarly used in other cities to build public facilities.  This is what was used to build the golf course and the facilities at the golf course.  There is no limit on the amount of debt that can be serviced under that.  Although they would issue the debt, he asked the Council to consider the debt could be paid with the special sales tax funds as one option.

 

The $2.5 million projected for the remodel of the terminal building includes adding on to the existing building and remodeling the current building of the fixed based operator.  The fixed base operator’s agreement will expire in 2008 and will likely go out for request for proposals to be evaluated. 

 

Airport Manager Jim Lynaugh has studied other airports where the FBO, other airline personnel and the airport manager all share the same facility which provides a lot of benefits for everyone.   They also want to explore the possibility of UNK assuming the current FBO facility for their program.  They have some students attending part of the class at the University and part at the Airport and it might be beneficial for them to do it all in one place since it is a popular program.  They have not explored that area yet with UNK, but are interested in doing so. The combining of the current facility and the shared space such as restrooms, etc. will help keep down the cost.

 

In many of the communities where there have been larger projects of this kind, they used separate taxing entities so they have their own stand alone property tax that is assessed.  Grand Island, Scottsbluff and Salina are an Airport Authority which can have from 3.5 to 7 cents levy per capita.  Kearney is different in that regard.

 

Another concern that has been discussed is that we have not put any funds into the Airport other than what we recently received for airport improvement funds.  We will be receiving the $1,000,000.00 in airport improvement funds which usually lag behind in how those funds are distributed.  Those airport improvement funds are to be used for some open areas, but their preference is to deal with the infrastructure of the airport, not the part of the airport that is gaining revenue such as the terminal. 

 

City staff is in agreement with the discussion by the Airport Advisory Board that these funds are necessary and it has been suggested to request an Airport Authority.  Realistically, in our scenario, the costs would be shifted to property tax and the City manages the Airport very well with the current structure.  The challenge is the funding with these types of projects.  The Airport assets in the past few years have been managed fairly aggressively and we have seen benefits from that effort.  Leases have been revised and all new leases are signed and we have already seen increased revenues.   

 

The City has been successful from a sales tax perspective.  Two years ago it would not have been though possible to do a senior center, Harmon Park Activity Center, 39th Street improvements, library improvements, potential airport improvements, a fire station, 11th Street and sidewalks, plus gravel streets over the next ten years.  This has been the benefit from the way the City Council has approached these with a conservative nature.  They have saved for some of these projects and although we are spending resources; we are doing it in a conservative way consistent with what we promised citizens. 

 

Council member Kearney commented that there is a fund balance that is growing in this fund and they must keep in mind they are looking at a three percent growth rate. The City Manager stated they have limited the debt service in case there is a downturn in the economy.  The options would be to either pay cash or curtail a few projects and it would still be fine.  There are some projects that could possibly be paid off early.  Either way they could still maintain these goals.

 

Council member Lammers added that the airport should be looked at from an economic development standpoint.  This is the front door to our community.  If someone one comes in on a corporate jet and wants to look for a potential place to expand, it is important to present a good image.  Mayor Clouse stated that with this presentation, they have some numbers to look at.  Like some of the other projects, once they started getting into them the actual price came down because we had other things going on that we could actually lower the cost. 

 

City Manager stated that staff is comfortable that sum of money is appropriate for the size of our airport which is a not a large airport and is not going to be a large airport.  This would be a reasonable, modern facility which could provide better customer service which is the main purpose of a terminal.  They have tried to balance it out and come up with a reasonable amount.  Some have suggested a larger terminal for a community our size and the number of enplanements.  We have gotten to this point and have been successful in the sales tax and the expenditure of these funds by proving reasonable alternatives.  The “pay as you go process” has served us well.  The other exciting thing is the sales tax funds that have been leveraged with the public/private partnerships and the grants that we have working for us have made a huge difference in saving us significant funds. 

 

Council member Lear stated that the Airport is a key component of our community.  He is not as concerned as how a facility looks although it is an entry point and is important to a degree, but not the main focus.  It is not feasible to reconfigure the present facility whose usage has increased significantly, with a projected continuation of that growth and is not well designed based on the how those needs have evolved over the last few years.  This is a necessary project based on its current use and appreciated the work involved in coming up with a workable facility proposal. With the City taking the initiative to do this to avoid raising property taxes is commendable. 

 

City Manager asked Council for suggestions about the proposed cost or whether to proceed with additional research.  Mayor Clouse stated the Airport Advisory Board, the Airport Manager and the Finance Director have laid out the guidelines.  We need a facility that will meet our needs long term.  The public hearing will be the first meeting in February 2008 when it can be formally adopted.  They will put the information together for the CIP.  They will plan to meet with the other parties to discuss this and make sure everyone is in agreement.  The Council members were in agreement for the staff to move forward with this project. 

 

Tom Henning from the Air Transportation Committee stated there are eight communities in Nebraska that are essential air service communities which are subsidized by the Department of Transportation.  Kearney in the last ten years has gone from third or fourth in terms of total enplanments up to number one this year.  There are promises of growing next year and beyond.  By increasing our enplanments by 3,000-4,000, this community could fly without essential air service funds.  Looking back at the RFP’s for the last two years, you will find the last one demanded around $400,000.00-$500,000.00 less in essential air service funds for the carrier to fly here.  If we can get our enplanements to 16,000-17,000 people, we will not have to worry about government funding. That is important because the government is going to have the EAS on the chopping block.  A couple of proposals before Congress in the last few years was to cut back on this funding by fifty percent and having the communities come up with the balance of the funding.  There is always that threat.  A new terminal would contribute to attaining that goal.  An additional 6,000 people going through our terminal would create more crowding and create a lack of good services.

 

 Mr. Henning stated he is not advocating size or expenditure amounts, but one of the greatest complaints he has received from air travelers is about the poor facility.   Things in this world continue to consolidate. The scheduled air service is going to consolidate in Nebraska and he believes that is going to happen in the next 5-10 years.  Instead of having eight out-state airports with a scheduled air service, we could get down to two or three.  The reason for this is all the commuter airlines that bid on the EAS airports are getting rid of their 19-passenger planes.  They are being replaced with the 30-passenger planes.  When the next RFP comes next year, it will be interesting to see who the bidders are in some of the communities that currently have scheduled air service. The cost per passenger mile of flying is significantly more than the 30-passenger plane and is one of the factors that have contributed to our growth.  If there is a consolidation and there are two or three out-state airports, we want Kearney to be one of them.  If the structure is an important component, he envisioned having air service going both directions.  The possibility of have two planes with two gates could be a reality over the next 5-10 years.  From an economic development standpoint, Kearney could be an attraction to the aviation industry and those associated with some development at the airport.  Approaching this in a broad based manner is the right way to go about it.

 

Leonard Skov from the Airport Advisory Board stated that he has been involved with the Airport Advisory Board since it began 30 years ago.  It is really exciting to listen to a discussion like this about how to develop the airport and what can be done to make it a better entity.  When he was first on the board, the number one topic was whether to sell the corn at the time of the harvest or to store it and hoped for a higher price.  They were running a farm at that time and now we are running an airport.  The farm is still there and is very important, but the airport is what is going to make a difference with the community. 

 

When we talk about 13,000 enplanements most of these people fly back, so you take the 13,000 and multiply by two which equals 26,000 going through the airport.  When a 30-passenger plane comes in and unloads many times there are 30 passengers waiting to board.  At some point, they all end up at the terminal at the same time which can get complicated.  They need to watch their infrastructure as they grow.  There is not an organization that has not experienced what happens when they grow which present some difficulties and problems.  By getting ahead of the curve they can avoid a crisis.  They need to think about where we are, where we want to be and where we need to be and plan accordingly.  He is excited about seeing that happen by what has been proposed at this meeting.

 

VIII.    ADJOURN

 

Moved by Lear seconded by Kearney that Council adjourn at 8:13 p.m. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

 

                                                                                    STANLEY A. CLOUSE

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK