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Kearney, Nebraska

January 27, 2004

7:30 p.m.

 

Prior to the regular Council meeting, the Council met as the Board of Directors for the Kearney Municipal Airport Corporation in open and public session at 7:30 p.m. on January 27, 2004 in the Council Chambers at City Hall.  This meeting adjourned at 7:37 p.m.  A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:38 p.m. in the Council Chambers at City Hall.  Present were:  Bruce L. Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Stan Clouse, Galen Hadley, Don Kearney.  Absent: None.  G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant 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: Jane Musil, Jerry Idt, Ruth Sajevic, Robert Fitzgerald, Kris Jerke, Jon Abegglen, Barry Sherman, Ron Tillery, Gary Story, Roger Petersen, Travis Mason, Ken Owen, Neal Lewis, Kent Cordes, Cole Spresser, Paul Wice from KGFW Radio, Mike Cahill from KKPR Radio, Mike Konz from Kearney Hub, 4 UNK Students.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Reverend Don Bryant from the First Christian Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Peter Adamson and Zach Seton led the Council members and audience in the Pledge of Allegiance.

 

RECOGNITION – ROGER PETERSEN

 

Mayor Blankenship and Council Members recognized Roger Petersen for 20 years of service with the Public Works/Transportation Division. He was presented a Resolution of Commendation and a watch.

 

VOLUNTEER PROGRAM AT POLICE DEPARTMENT

 

Jane Musil from the Kearney Police Department stated that volunteer program has been in force for 10 years.  There are a multitude of volunteers, retired UNK teachers, students from Kearney High, some from the Transitional Program which is comprised of mentally or physically handicapped people, clients from Mid-Nebraska, Chaplains from the community, and High School Political Science students, who each donate 20 hours. The jobs include data entry, filing, sending out parking violation notices, and entering pawn tickets into the computer system.  There is no type of pay for these volunteers.  Jane expressed appreciation for them on behalf of the Kearney Police Department.  She acknowledged each volunteer by name.  The total volunteer hours for 2003 were 1,582 hours, which amounts to $12,656.00 they have saved the City of Kearney in labor costs.

 

Robert Fitzgerald, Law Enforcement Chaplain stated that the Chaplains’ Core main responsibility is to the officers.  The Police officers encounter many things in their daily activities and occasionally involves some pretty traumatic situations.  The Chaplains’ Core is used the most in death notifications.  They accompany the officers on those calls and are a liaison between the Police Department and the family.  They will also help as volunteers in special law enforcement needs.  Their head chaplain is Bobby Payne, who has made a commitment to the City by being a volunteer chaplain and also taking a job so that he could stay in Kearney.  He also recognized Martin Valdoy, who has been a member for 17 years since the chaplain program began. Chaplain Fitzgerald stated that it is their privilege to serve the Kearney Police Department and the Buffalo County Sheriff’s office.

 

BUFFALO COUNTY ECONOMIC DEVELOPMENT COUNCIL

 

Ron Tillery, President of the Buffalo County Economic Development Council, presented their Annual Report to the Council.  His report stated that we are enjoying a strong and growing economy in Kearney and the surrounding area. There is a lot of broad based construction activity in the area.  They see continued strength in construction projects that are occurring in the market area.  Retail sales are improving in the fourth quarter, although the other three quarters have been relatively flat in Kearney and Buffalo County

 

The labor and work force continue to grow.  In Buffalo County, 855 new jobs were added in 2003.  This is at a pace of a little more than double what the population is growing.  What this suggests is that we have a lot of people commuting into Kearney to find work.  Some of those people would like to live here and that is why we are seeing single family and multi-family construction activity in the area.  We are still creating jobs at a fairly progressive rate.  There was also an uptake in project inquiries in our market during the last quarter of 2003 and more in the beginning of 2004.  Things were slower during 2002 and the first part of 2003. As confidence in the economy has grown, more people are talking about expansions and relocations. 

 

Mr. Tillery stated that it is a tough market to pursue.  They don’t intend to rely on relocations as the engine to fuel Kearney’s growth.  They believe that their greatest success comes from the pool of opportunity that is already here.  The Development Council is going to be spending more of their time and energy trying to nurture and help develop the entrepreneurial activities that are possible within our market.  We have great resources with UNK, Good Samaritan Hospital, and the existing industrial and service business base.  They hope to create programs that will propel the market by growing from within in addition to looking outward to invite people into our economy. 

 

The property valuation in Kearney has grown 5.8 percent over last year or just under $60 million to push Kearney’s total valuation to $1.2 billion.  Buffalo County’s valuation is $2.2 billion. 

 

Retail sales results for November and December are still outstanding, and when they are finalized a report will be issued and posted on the Development Council’s website. All of these can be obtained on their website such as their recently completed reports on wage and benefit, workforce, labor force, and a list of their six top priorities for their Development Council work plan for 2004.  There will be an emphasis on growing from within, the entrepreneurial development, and as a mechanism to support that they will seek to create a venture capital/Angel Network of Investment Capital from this market.  This is what they hope will fund some of these start up enterprises or small businesses that need assistance as they are growing into mature companies. 

 

They intend to focus on volunteers to help them accomplish their mission.  They need more eyes and ears to help identify leads and track business conditions in the market. There is a group of about 15-18 volunteers called “The Nebraska Diplomats” in this area and they will be using their business expertise more and more as the Development Council moves forward. The Development Council intends to work closely with Mayor Blankenship and merge City goals with the Community Strategic Planning Initiative, which they believe is an important enterprise and endeavor for the overall community strategic plan in order to move forward together. 

 

They will also continue to support the I-80 Bypass and air transportation development which they believe are two significant issues that impact our ability to be competitive in the economic development world.  They will continue to develop VISTA, which they hope to use as a magnet to attract high-tech and high growth types of businesses into the Kearney area. 

 

Council Member Hadley asked if there is any assistance for existing businesses in Kearney in light of recent business closings? Mr. Tillery responded that they do offer ongoing programs to provide information that is important to help business owners/operators to make decisions An example would be the Regional Labor Study which provides clear information about what our skill and education levels, commuting patterns, and tolerances are for the labor force in a broad area and also specific to the Kearney and Buffalo County area. They work with businesses to provide appropriate training through worker training grants. As skills evolve which might require additional training, there are programs that they can recommend and assist businesses with to become more competitive.  They also can help existing businesses that want to expand to qualify through the state for special programs in economic development, training, and technology.  Technology will help businesses compete with the market place in the world. The Development Council’s number one priority is to help existing businesses and business recruitment is number two. 

 

City Manager Allen Johnson stated that he and Mayor Blankenship are also members of the Development Council. The City Manager referred to the Development report that shows a synopsis of Kearney and Buffalo County to the other first class cities in the state.  He believes that this is a policy question that the City Council and the County Board and others are going to need to address.  They will need to determine what is the appropriate funding level for economic development and what the degree of involvement is that we want to have.  He believes that Ron’s philosophical and operational tactics are conservative and he is not in favor of spending vast amounts of money on this important endeavor.

 

Mayor Blankenship stated as a member of the Economic Development board for the past 6-7 years, he believes they are getting a good value from their efforts.  People are not necessarily aware of all the things that are being accomplished.  He believed that the community does need to take an aggressive look at what is being spent in other communities and determine what we need to do to stay competitive. 

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

FOOTE’S CONVENIENCE PLAZA LIQUOR LICENSE

 

Mayor Blankenship opened the public hearing on the Application for a Class ‘D’ (Spirits, Wine and Beer – Off Sale Only) Liquor License submitted by CCT PARTNERS LLC, dba “Foote Convenience Plaza” located at 1810 East Highway 30, consider the Corporate Manager Application for Charles Kleveland, Jr., and to consider Resolution No. 2004-14.

 

Currently, Foote’s Convenience Store located at 1810 East Highway 30 has a license to sell alcohol.  Mr. Kleveland is a 1/3 partner in the new business.  A background on the business and applicants was conducted. According to Section 53-132(2) of the Nebraska Revised Statutes states:  A retail license or bottle club license shall be issued to any qualified applicant if it is found by the commission that:

            (a)        the applicant is fit, willing, and able to properly provide the service proposed within the city, village, or county where the premises described in the application are located;

            (b)        the applicant can conform to all provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act;

            (c)        the applicant has demonstrated that the type of management and control exercised over the licensed premises will be sufficient to insure that the licensed business can conform to all provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act; and

            (d)        the issuance of the license is or will be required by the present or future public convenience and necessity.

 

The background was conducted in accordance with police department policy. It appears that all of the paperwork is in order and that the Council should go through with the public hearing concerning the liquor license application.  The Council should be reminded that the applicant has the burden of proof that the liquor license meets the four criteria listed above for granting/denying liquor license applications.

 

Charles Kleveland Jr., 1319 East 45th Street #G-11, presented this matter to the Council.  He stated that he formerly operated a service station and convenience store in Hastings for 14-15 years.  When Foote Convenience Center came up for sale, he and his partners decided that it would be a good venture.  They purchased it in late December.  He has taken the “Tips Training” and three of his employees have also successfully completed this training on the Internet.  Mr. Kelveland has also contacted one of the Police officers who has offered training for him and his employees about minors and alcohol. He stated that he takes the responsibility of selling alcohol seriously.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the Application for a Class ‘D’ (Spirits, Wine and Beer – Off Sale Only) Liquor License submitted by CCT PARTNERS LLC, dba “Foote Convenience Plaza” located at 1810 East Highway 30, consider the Corporate Manager Application for Charles Kleveland, Jr., and approve Resolution No. 2004-14.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-14

 

            WHEREAS, CCT PARTNERS LLC, dba “Foote Convenience Plaza” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘D’ (Beer, Wine and Distilled Spirits – Off Sale Only) Liquor License to do business at 1810 East Highway 30, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, a hearing was held relating to said application on December 23, 2003.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘D’ (Beer, Wine, and Distilled Spirits – Off Sale Only) Liquor License to CCT PARTNERS LLC, dba “Foote Convenience Plaza” located at 1810 East Highway 30, Kearney, Nebraska.

            BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the Council action favoring the issuance of said license in the Minute Record of the proceedings of the Council.

            PASSED AND APPROVED THIS 27TH DAY OF JANUARY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

PROPOSED ACQUISITION – COUNTY OF UNION PACIFIC RAILRAOD TRACKS AND EAST OF CENTRAL AVENUE

 

Mayor Blankenship opened the public hearing on the proposed acquisition of a portion of Lot 9, Glacier Park Addition to the City of Kearney, Buffalo County, Nebraska for park purposes (located south of railroad tracks and one block east of Central Avenue) and to consider Resolution No. 2004-15.

 

During 2003, the CRA was approached by Paul and Lorene Fredrickson, who offered to sell to the CRA a tract of property lying south of the Union Pacific right-of-way for approximately one block east of Central Avenue. The CRA decided to acquire and convey the property to the City of Kearney for public park and green space purposes. A Phase I Environmental Site Assessment has been performed which found the property to show no evidence of recognized environmental conditions. A title search has been performed by Barney Abstract, and title insurance will be issued on the property subject to those requirements included in the report. A Real Estate Purchase Agreement will be executed between Paul and Lorene Fredrickson and the Community Redevelopment Authority of the City of Kearney.

 

The CRA is presenting the City Council with a piece of property acquired for the purpose of public park and green space development on the south side of the Union Pacific Railroad right-of-way as part of its statutory authority to alleviate blight and substandard conditions. The CRA proposes the City begin to develop the property as a public park and green space within 36 months of its acquisition from the CRA. A Real Estate Conveyance Agreement will need to be executed by and between the City of Kearney and the CRA.

 

City Council should be aware that the Agreement between the CRA and the City obligates the City to “begin to develop the property as a public park and green space within 36 months of its acquisition.” It is the understanding of Administration that approximately $10,000 has been placed in reserve by the CRA for initial infrastructure/other developments of the area. Administration would further note that the Agreement between the CRA and the City obligates the City, to the extent permitted by Nebraska law, to indemnify and hold the CRA harmless from any claims, expenses and liabilities arising from the purchase and pass-through of the property to the City. This indemnification and hold harmless agreement includes “all claims, costs, expenses and liabilities, if any, resulting from the operation of federal, state or local environmental law or ordinance requiring the clean up or remediation of any environmental contamination of the property.” While a Phase I Environmental Site Assessment has been performed, this does not guarantee that there will be no environmental claims in the future.

 

Jon Abegglen, President of the Community Redevelopment Authority presented this matter to the Council. He stated the purpose of this hearing is to get approval for the Community Redevelopment Authority to purchase a piece of ground.   Once it has been purchased, it will be given to the City of Kearney for a park and green space area.  The property has some historical value since it was the UPRR depot.  This property also links Kearney’s south and north side as laid out in the Gateway Corridor Plan suggested by Marty Schukert.  The City will develop the property at their expense.  The purchase price is $62,800 and a formal appraisal has been done.  The Community Redevelopment Authority has committed up to $10,000 to help defray some of the costs of the improvements in the park.  This money will come from the CRA levy, which is all for public access type improvements that add value to the community.  The money for this project is levy money, not TIF money.

 

Mr. Abegglen gave some background on what the Community Redevelopment Authority has done for the community with their funds. The CRA has two sources of money 1) from a taxing levy, 2) from tax increments that are created from increased valuations of property from the base.  The CRA has spent $300,900 for property improvements.  One was for the Peterson Motor property (1998), which is being used for a City parking lot.  CRA paid for the infrastructure restrooms for Hammer and Pioneer Parks (2003-2004), which was another public access improvement. 

 

The majority of the $898,000 TIF money was allocated to the following improvements:  Central Avenue from 11th Street to Talmadge Street (2000-2001), alley and storm sewer improvements in Kearney Centre (2000-present), two blocks of asphalt resurfacing (2002), parking lot and alley improvements west of the Library (2002), Kearney Centre intersection upgrading and street and storm sewer improvements on North Railroad Street from Central Avenue to Avenue B (planning).  CRA is allowed to levy 2.6 cents and they are currently at 1.005 cents so they are well under their levy.

 

Mr. Abegglen stated that all the money that is collected on TIF goes to pay off the projects and they are paid early if there are excess funds. Executive Director Barry Sherman stated if they do get paid early because of property valuations being higher than what were projected, the excess TIF contract money is turned back to the County Treasurer’s office and goes back into the general county fund. 

 

Director of Park and Recreation Neal Lewis stated that they are like a partner in this development similar to the Library project for the parking lot.  This area could be turned into a real asset.  This is kind of an interface between Old Towne and Kearney Centre where there would be a place to view the trains.  This would be a place with some parking that people could utilize.  This is an opportunity to get the Buffalo Historical Society and Trails and Rails Museum involved seeing how they would interpret this area.  This is a project that could utilize a lot of volunteers such as Eagle Scout projects and service clubs to make improvements.  The City will put in some turf and trees and have a nice green open space.  This development is projected over three years to complete. This is a historical theme that ties us back to the Burlington Northern line and will be a nice addition to the business community. 

 

Mayor Blankenship stated it makes sense to him that there are a couple of major foundations that would be a likely source for funding relating to a project like this. This park is less than an acre in size. There are many businesses on Central Avenue and Avenue A that have done some nice improvements recently and this will be a nice addition to those. 

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the proposed acquisition of a portion of Lot 9, Glacier Park Addition to the City of Kearney, Buffalo County, Nebraska for park purposes (located south of railroad tracks and one block east of Central Avenue) and approve Resolution No. 2004-15.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-15

 

            WHEREAS, the Community Redevelopment Authority of the City of Kearney has held a public hearing upon the proposed acquisition to create a public park and green space on a tract of land described as Lot 9, Glacier Park Addition to the City of Kearney, Buffalo County, Nebraska, except, however, that portion of said Lot 9 deeded to the Union Pacific Railroad Company as shown at Instrument No. 96-3122 filed on May 10, 1996 in the Buffalo County Register of Deeds Office, more particularly described as follows:  Referring to the southwest corner of said Lot 9; thence northerly, N00º35’18”W (assume bearing), along the west line of said Lot 9, said west line also being the existing easterly right-of-way line of Central Avenue, a distance of 35.15 feet to the point of beginning; thence continuing northerly, N00º35’18”W, along said west line, a distance of 71.23 feet to the northwest corner of said Lot 9; thence northeasterly, N77º45’53”E, along the north line of said Lot 9, said north line also being the existing southerly right of way line of the Union Pacific Railroad Company, a distance of 215.37 feet; thence northeasterly, N79º33’29”E, continuing along the north line of said Lot 9, a distance of 173.99 feet to the northeast corner of said Lot 9; thence southerly S00º32’51”E, along the east line of said Lot 9, a distance of 22.00 feet; thence southwesterly, S71º38’53”W, a distance of 401.48 feet to the West line of said Lot 9 and the point of beginning, all in the City of Kearney, Buffalo County, Nebraska (south of the Union Pacific Railroad right-of-way and each of Central Avenue); and

            WHEREAS, the City Council has held a public hearing upon the proposed conveyance by the Community Redevelopment Authority of the City of Kearney to the City of Kearney to create a public park and green space and voted in favor to proceed.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that City Administration be and is hereby authorized and directed to proceed with the proposed conveyance by the Community Redevelopment Authority of the City of Kearney to create a public park and green space for a tract of land described as Lot 9, Glacier Park Addition to the City of Kearney, Buffalo County, Nebraska, except, however, that portion of said Lot 9 deeded to the Union Pacific Railroad Company as shown at Instrument No. 96-3122 filed on May 10, 1996 in the Buffalo County Register of Deeds Office, more particularly described as follows:  Referring to the southwest corner of said Lot 9; thence northerly, N00º35’18”W (assume bearing), along the west line of said Lot 9, said west line also being the existing easterly right-of-way line of Central Avenue, a distance of 35.15 feet to the point of beginning; thence continuing northerly, N00º35’18”W, along said west line, a distance of 71.23 feet to the northwest corner of said Lot 9; thence northeasterly, N77º45’53”E, along the north line of said Lot 9, said north line also being the existing southerly right of way line of the Union Pacific Railroad Company, a distance of 215.37 feet; thence northeasterly, N79º33’29”E, continuing along the north line of said Lot 9, a distance of 173.99 feet to the northeast corner of said Lot 9; thence southerly S00º32’51”E, along the east line of said Lot 9, a distance of 22.00 feet; thence southwesterly, S71º38’53”W, a distance of 401.48 feet to the West line of said Lot 9 and the point of beginning, all in the City of Kearney, Buffalo County, Nebraska (south of the Union Pacific Railroad right-of-way and each of Central Avenue); and

            BE IT FURTHER RESOLVED that the President and City Council agree to accept the property upon the terms and conditions set forth at CRA Resolution No. 2003-5, a copy of which, marked Exhibit “A”, is attached hereto and made a part hereof by reference, subject to the conditions set forth herein.

            PASSED AND APPROVED THIS 27TH DAY OF JANUARY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Blankenship seconded by Kearney that Subsections 1 through 15 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

1.         Approve Minutes of Regular Meeting held January 13, 2004.

 

2.         Approve the following Claims: ABC CLIO $374.00 Bks; Alltel $630.88 Serv; AWWA $114.00 Dues; Americas Investment $12,390.00 Serv; Association Offices $125.00 Tr; Atkins, T $75.00 Ref; Baird Holm $1,700.00 Serv; Baker & Taylor $1,637.45 Bks; Bamford $545.48 Rep; Barney Insurance $85.00 Su; BCBS of NE $85,900.76 Claims; Blessing Construction $977.50 Serv; Books on Tape $112.00 Bks; Broadfoot Sand $555.00 Serv; Brodart $305.92 Serv; Buffalo Co District Court $70.00 Ded; Builders $94.22 Su; Business Media $1,010.25 Su; Cabela's Ventures $49,700.00 Lease; Canal Bank Associates $352.30 Rep; CED $157.44 Rep; Center for Ed & Emp Law $159.00 Bks; Central District Health Dept $2,038.00 Serv; Chemguard $603.65 Su; City of Ky $65,819.70 Various; Clark Enersen Partners $406.84 Serv; Clevenger, K $20.00 Ref; College Savings Plan of NE $295.00 Ded; Cornhusker State Games $525.00 Wellness Program; Crossroads Ford $29.40 Rep; Crossroads Welding $2,369.00 Serv; Culligan $73.22 Various; Dawson Co PPD $10,988.78 Serv; Dell $9,234.59 Equip; Depository Trust $1,324,210.04 Princ & Int; Development Council $62.50 Bks; Dutton Lainson $388.10 Various; Eakes $2,295.69 Various; Ecolab $26.00 Su; Fedex $55.81 Pstg; Fire Dept Training Network $240.00 Dues; Fox, J $75.00 Ref; Freburg, N $184.62 Ded; Fremont Nat'l Bank $35,041.55 Ded; Frontier $7,706.97 Serv; Galls $12.98 Su; Gangwish $35.00 Serv; Gary's I-80 $566.50 Serv; GBC $448.32 Serv; Gibbon Transmission $632.16 Rep; Glock $190.00 Su; Great Plains One-Call $181.45 Serv; Guideposts $16.94 Bks; Hansen Fine Art Studio $280.00 Incentives; Hazzard Construction $2,314.04 Serv; Highsmith $21.50 Su; IACP $100.00 Dues; IAPE $40.00 Bks; IBM $159.00 Serv; ICMA RC $2,842.99 Ded; IRS $78,807.96 Ded; Interstate Structures $51,632.10 Serv; ISDN $185.40 Serv; Island Supply $521.93 Su; J&J Construction $150.00 Serv; Jack Lederman $661.02 Various; Jack's Uniforms $481.91 Su; Kayton Electric $4,298.88 Rep; Ky Clinic $1,147.00 Serv; Ky Concrete $4,536.33 Su; Ky Crete $1,218.10 Su; Ky Winlectric $77.66 Rep; Kirkham Michael $5,681.75 Serv; Lasertec $214.99 Su; Laughlin, K $360.00 Ded; Law Enforcement $749.00 Cla; Lawson Products $147.08 Lease; League of NE Municipalities $195.00 Tr; Lerner Publications $346.87 Bks; Lexis Nexis $73.80 Bks; Lighthouse Uniform $2,000.00 Incentives; Linweld $322.38 Various; LT's Brokerage $657.45 Pstg; Luke, D $166.89 Tr; Lyon Workspace $536.71 Inv; Magic Cleaning $600.00 Rep; Marshall Cavendish $574.83 Bks; Martinosky, M $10.33 Tr; May, J $13.55 Tr; MES $439.75 Su; Micromarketing $25.50 Bks; Mid America Pay Phones $200.00 Serv; Midlands Contracting $785.44 Serv; Mid-NE Lubricants $2,050.45 Inv; Midtown Communications $72.00 Serv; Midwest Lab $1,700.50 Serv; Midwest Radar $112.50 Rep; Midwest Turf $129.87 Rep; Miller & Associates $4,083.30 Serv; Miller Signs $1,000.00 Su; Moore Wallace North America $473.02 Su; Mosbarger, B $200.00 Ins; NAPA $443.46 Rep; NWWA $9,814.11 Inv; NE Child Support $978.49 Ded; NE Aviation Council $220.00 Tr; NE Dept of Revenue $40,718.04 Taxes; NEland Conf of Bldg Officials $40.00 Tr; Norm's Plbg $331.12 Rep; Northwestern $9,266.37 Serv; Oceana Publications $145.44 Bks; Officemax $102.85 Su; Officenet $3,400.00 Equip; Olsson Associates $11,736.80 Serv; OMB Police Supply $338.74 Su; Overhead Door $4,780.00 Serv; Paramount Linen $292.26 Various; Pat's Plbg $403.41 Serv; Personal Touches Embroidery $135.52 Serv; Petroleum Equipment $466.94 Inv; Platte Valley Communications $174.05 Serv; Platte Valley State Bank $1,134.45 Fees; PMI $726.16 Su; Presto-X $266.00 Various; Ready Mixed Concrete $1,269.00 Rep; Recorded Books $119.00 Bks; Respond First Aid Systems $207.55 Various; Riverside Animal Hospital $1,312.75 Serv; RJ Lee Group $79.22 Su; Saathoff, J $68.86 Pc; Sahling Kenworth $8.10 Rep; Sam's Club $203.06 Bks; Scantron Service $1,447.00 Serv; Sickler, S $100.00 Ref; Sirchie Finger Print Lab $62.83 Su; Solid Waste Agency Landfill $177.13 Disposal Fees; Sprint $186.57 Serv; St of NE Dept of Aeronautics $370.00 Loan; St of NE Dept of Labor $948.00 Unemp; Stocker, K $41.40 Tr; T&B Cleaning $1,500.00 Serv; Technical Maintenance $3,151.03 Rep; Tokay Software $1,150.00 Equip; Tool Doctor $50.00 Various; UNK Student Union $60.00 Rental; Upstart $69.64 Su; Veterns Service Office $63.90 Rep; Washington State Support $102.01 Ded; Wellness Works-KACF $250.00 Dues; Wessels, W $92.10 Tr; West Group $3,335.93 Su; Wiederspan, R $160.72 Tr; Wilke-Donovan's $147.51 Su; Wilson, J $89.85 Bks; Woods & Aitken $7.47 Serv; Woodside, M $54.46 Tr; WPCI $185.50 Serv; Xerox $368.70 Equip; Zimmerman Printing $136.00 Su; Payroll Ending 1-10-2003 -- $238,309.09.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Receive recommendations of Planning Commission and set February 10, 2004 at 7:30 P.M. as date and time for hearing on those applications where applicable.

 

4.         Authorize the Mayor to execute the Real Estate Conveyance Agreement between the City of Kearney and the Community Redevelopment Authority for a portion of

Lot 9, Glacier Park Addition to the City of Kearney, Buffalo County, Nebraska for park purposes (located south of railroad tracks and one block east of Central Avenue) and approve Resolution No. 2004-16. (Pertains to Public Hearing 2.)

 

RESOLUTION NO. 2004-16

 

            WHEREAS, Resolution No. 2004-15 of the Kearney City Council authorized and directed the City Administration to proceed with a proposed conveyance by the Community Redevelopment Authority of the City of Kearney to create a public parking facility on a tract of land described as Lot 9, Glacier Park Addition to the City of Kearney, Buffalo County, Nebraska, except, however, that portion of said Lot 9 deeded to the Union Pacific Railroad Company as shown at Instrument No. 96-3122 filed on May 10, 1996 in the Buffalo County Register of Deeds Office, more particularly described as follows:  Referring to the southwest corner of said Lot 9; thence northerly, N00º35’18”W (assume bearing), along the west line of said Lot 9, said west line also being the existing easterly right-of-way line of Central Avenue, a distance of 35.15 feet to the point of beginning; thence continuing northerly, N00º35’18”W, along said west line, a distance of 71.23 feet to the northwest corner of said Lot 9; thence northeasterly, N77º45’53”E, along the north line of said Lot 9, said north line also being the existing southerly right of way line of the Union Pacific Railroad Company, a distance of 215.37 feet; thence northeasterly, N79º33’29”E, continuing along the north line of said Lot 9, a distance of 173.99 feet to the northeast corner of said Lot 9; thence southerly S00º32’51”E, along the east line of said Lot 9, a distance of 22.00 feet; thence southwesterly, S71º38’53”W, a distance of 401.48 feet to the West line of said Lot 9 and the point of beginning, all in the City of Kearney, Buffalo County, Nebraska; and

            WHEREAS, the CRA caused an Environmental Site Assessment to be performed by Milco Environmental Services, Inc. of McCook, Nebraska on the said property; and

            WHEREAS,  the said study, a copy of  which marked Exhibit “1” is attached hereto and made a part hereof by reference, showed no evidence of recognized environmental conditions; and

            WHEREAS, the City Council has previously held a public hearing upon the

proposed acquisition in accordance with the State Law;

NOW THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the President of the Council be and is here authorized and directed to execute a Real Estate Conveyance Agreement authorizing the City to receive the property described as Lot 9, Glacier Park Addition to the City of Kearney, Buffalo County, Nebraska, except, however, that portion of said Lot 9 deeded to the Union Pacific Railroad Company as shown at Instrument No. 96-3122 filed on May 10, 1996 in the Buffalo County Register of Deeds Office, more particularly described as follows:  Referring to the southwest corner of said Lot 9; thence northerly, N00º35’18”W (assume bearing), along the west line of said Lot 9, said west line also being the existing easterly right-of-way line of Central Avenue, a distance of 35.15 feet to the point of beginning; thence continuing northerly, N00º35’18”W, along said west line, a distance of 71.23 feet to the northwest corner of said Lot 9; thence northeasterly, N77º45’53”E, along the north line of said Lot 9, said north line also being the existing southerly right of way line of the Union Pacific Railroad Company, a distance of 215.37 feet; thence northeasterly, N79º33’29”E, continuing along the north line of said Lot 9, a distance of 173.99 feet to the northeast corner of said Lot 9; thence southerly S00º32’51”E, along the east line of said Lot 9, a distance of 22.00 feet; thence southwesterly, S71º38’53”W, a distance of 401.48 feet to the West line of said Lot 9 and the point of beginning, all in the City Kearney, Buffalo County, Nebraska from the Community Redevelopment Authority of the City of Kearney, and further, is authorized to execute any other documents necessary to effectuate transfer of the property.  A copy of the said Agreement marked Exhibit “2” is attached hereto and made a part hereof by this reference.

            PASSED AND APPROVED THIS 27TH DAY OF JANUARY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

5.         Approve the recommendation from Administration on awarding the bid to Elliott Equipment in the amount of $187,841.00 for the purchase of a Vac-Con Unit on a Freightliner Truck for the Public Works/Transportation Division.

 

6.         Approve the purchasing of a mower for the Golf Maintenance Division, a backhoe for the Cemetery Division, and a vac-all for the Transportation Division, to obtain financing through the issuance of tax-exempt debt, and approve Resolution No. 2004-17.

 

RESOLUTION NO. 2004 –17

 

            WHEREAS, the City of Kearney, a municipal corporation, has determined to proceed with a project (the “Project”), generally consisting of the purchasing of various equipment and intends to obtain financing with respect to the Project at least on part through the issuance of tax-exempt debt;

            WHEREAS, the City desires that all permitted Project costs paid prior to the issuance of tax-exempt obligations qualify for reimbursement from the proceeds of issuance of such tax-exempt obligations under Treasury regulations.

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

1.       It is desirable that certain expenditures for or relating to the Project be incurred and paid prior to the issuance of tax-exempt obligations to finance such expenditures;

2.       Such expenditures are expected to be made in the foreseeable future with respect to the Project, and they generally consist of payments to vendors for equipment;

3.       The City reasonably expects to reimburse the above-described expenditures by incurring debt in the form of tax-exempt obligations in an amount not exceeding $194,500.00 and reasonably expects that actual project costs to be reimbursed from such proceeds will probably be less, depending on the date on which such obligations are issued and the completion schedule for the Project;

4.       No funds (from sources other than such debt) are, or are reasonably expected to be, allocated on a long-term basis, reserved or otherwise set aside pursuant to the City’s budget or financial policies for such expenditures at this time;

5.       In connection with the Project, authority is hereby specifically conferred on the President of the Council of the City to make such further declarations of official reimbursement intent on behalf of the City as may be necessary or desirable and as may be consisted with then-existing budgetary and financial circumstances of the City; and

6.       This Declaration of Official Reimbursement Intent is made under Section 1.150-2 of Treasury Regulations issued by the Internal Revenue Service and shall be available for public inspection at the City’s principal offices.

BE IT FURTHER RESOLVED that all resolutions and parts of resolutions in conflict herewith are hereby repealed.

PASSED AND APPROVED THIS 27TH DAY OF JANUARY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

7.         Approve the Government Lease-Purchase Master Agreement and a Supplement to the Master Lease Agreement between the City of Kearney and Wells Fargo Bank and approve Resolution No. 2004-18.

 

RESOLUTION NO. 2004 –18

           

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

1.       The Governmental Lease-Purchase Master Agreement (the “Agreement” or the “Master Lease”) and the Supplement or Supplements thereto and the Escrow Agreement, if any, are hereby approved substantially in the form presented to the City Council and on file in the office of the City Clerk.

2.       The President of the Council is hereby authorized to execute the Agreement and any Supplement or Supplements thereto on behalf of the City of Kearney, and to execute such other certificates and documents as may be necessary and appropriate to effectuate the transactions contemplated by the Agreement and said Supplement or Supplements. The Agreement, the Supplement or Supplements and the related documents may contain such necessary and appropriate variations, omissions and insertions as the President of the Council shall determine to be necessary, and the execution thereof by the President of the Council shall be conclusive evidence of such determination and its approval by the Council.

3.       Lessee reasonably anticipates that it will not issue tax-exempt obligations (not including “private activity bonds” as defined in Section 141 of the Internal Revenue Code of 1986, as amended) in an aggregate amount in excess of ten million dollars during the calendar year in which the Lease commences.  The lease is designed as a qualified tax-exempt obligation for purposes of Section 265(b)(c) of the Internal revenue Code of 1986, as amended, relating to deductibility of interest by financial institutions.

BE IT FURTHER RESOLVED that all resolutions and parts of resolutions in conflict herewith are hereby repealed.

PASSED AND APPROVED THIS 27TH DAY OF JANUARY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

8.         Approve the request submitted by Kyle Simodynes and Suzan Wilson to extend Conditional Use Permit No. 1996-01 to the “I Believe In Me” Ranch located at 2041 East 56th Street for a period of two years.

 

9.         Approve the Special Designated License submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class D/K Catering Liquor License to dispense beer, wine and distilled spirits in the Exposition Building at the Buffalo County Fairgrounds, 3807 Avenue N on March 12 and 13, 2004 from 5:00 p.m. to 1:00 a.m. for the Rose Rodeo subject to the City receiving the Certificate of Insurance.

 

10.       Approve the Special Designated License submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class D/K Catering Liquor License to dispense beer, wine and distilled spirits in the Exhibit Building at the Buffalo County Fairgrounds, 3807 Avenue N on March 20, 2004 from 9:00 a.m. to 1:00 a.m. for the Motorcycle Show subject to the City receiving the Certificate of Insurance.

 

11.       Approve the Special Designated License submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class D/K Catering Liquor License to dispense beer, wine and distilled spirits in the Ag Pavilion at the Buffalo County Fairgrounds, 3807 Avenue N on March 27, 2004 from 5:00 p.m. to 1:00 a.m. for the Pheasants Forever Banquet subject to the City receiving the Certificate of Insurance.

 

12.       Repeal Resolution No. 2003-229 and establish the Kearney Park and Recreation Fund Policy and adjust all Park and Recreation activities and approve Resolution No. 2004-19.

 

RESOLUTION NO. 2004-19

 

            WHEREAS, the Advisory Board of Park and Recreation recommended to the City Council to establish a Park and Recreation Fund Policy to provide funding for significant park infrastructure projects; and

            WHEREAS, the Advisory Board of Park and Recreation recommended to the City Council to adjust all park and recreation activities with such funds to be placed in the Park and Recreation Fund; and

            WHEREAS, it is in the best interests of the operation and administration of the Park and Recreation Department to establish a Park and Recreation Fund Policy to provide funding for significant park infrastructure projects and to adjust all park and recreation activities; and

            WHEREAS, this Policy was approved by the City Council on December 23, 2003 and since that time an error was found on the exhibit which needs to be corrected.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Kearney Park and Recreation Fund Policy, a copy marked Exhibit “A”, and the Recreation Program Fee Policy, a copy marked Exhibit “B”, are attached hereto and made a part hereof, be and are hereby approved.

            BE IT FURTHER RESOLVED that Resolution No. 2003-229, passed and approved on the 23rd day of December, 2003 be and is hereby repealed in its entirety.

            PASSED AND APPROVED THIS 27TH DAY OF JANUARY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

13.       Approve the proposed amendments to the City of Kearney Personnel Manual and approve Resolution No. 2004-20.

 

RESOLUTION NO. 2004-20

 

            WHEREAS, the City of Kearney has adopted and employed a Personnel Manual since September 1, 1973, and has for several years prior to that time, maintained a cohesive personnel program including standard rules and regulations; and

            WHEREAS, on September 8, 1998, the City Council formally adopted the revised Personnel Manual of the City of Kearney as the embodiment of the City’s rules and regulations governing personnel matters, effective October 1, 1998; was amended by the City Council on January 12, 1999 by Resolution No. 99-14; amended on January 11, 2000 by Resolution No. 2000-14; and was amended on September 11, 2001 by Resolution No. 2001-186; and

WHEREAS, the City Manager and administrative staff have recommended certain revisions and essential changes to the latest version of the Personnel Manual adopted on September 8, 1998 and implemented on October 1, 1998, as amended, a copy of the revisions, marked as Exhibit “A” is attached hereto and made a part hereof; and

            WHEREAS, the City Council having reviewed these recommended revisions and changes, finds them to be appropriate and necessary to the continued effective performance of duties by employees of the City.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Personnel Manual adopted on September 8, 1998 and implemented on October 1, 1998, as amended, is hereby amended to include the revisions as shown on Exhibit “A”.

            BE IT FURTHER RESOLVED that the City Manager is hereby directed to implement the policies and provisions of the said Personnel Manual in the fairest and most constructive manner possible.

            PASSED AND APPROVED THIS 27TH DAY OF JANUARY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

14.       Approve the recommendation from Administration on awarding the bid to Nebraska Truck Center in the amount of $39,119.50 for the purchase of a 5-yard dump truck for the Utilities/Sanitary Sewer Division.

 

15.       Reject all the bids received for the construction of the Kearney Volunteer Fire Department Training Facility and to rebid the project.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7022 – AMEND TABLE 50-3 OF THE UNIFIED LAND DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF KEARNEY, NEBRASKA

 

Several amendments to Chapter 50 of the Unified Land Development Ordinance pertaining to signs were brought forward by administration and approved by City Council on December 9, 2003.   One of the tables contained in Chapter 50 that was modified contains an error.  This is a simple “housekeeping” issue to fix the error. Table 50-3, “Permitted Signs by Maximum Permitted Area and District” establishes a figure for “square footage of signage per linear foot of frontage” in each zoning district.  For zoning district C-1 the number is shown as 7.5 and should be .75.

 

Council Member Kearney introduced Ordinance No. 7022, being Subsection 1 of Agenda Item V to amend Table 50-3 “Permitted Signs by Maximum Permitted Area and District” of Chapter 50 “Sign Regulations” of the Unified Land Development Ordinance of the Code of the City of Kearney, Nebraska to provide for the square feet of signage per linear foot of frontage in “District C-1, Limited Commercial District”, 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: Blankenship, Hadley, Clouse, 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. 7022 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Clouse seconded by Hadley that Ordinance No. 7022 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7022 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7023 – CREATE PAVING DISTRICT NO. 2004-880

 

The City received a letter from William McCracken requesting that paving, water and sewer districts be created within LaPlatte Road, Willow Lane, Redwood Lane and Cedar Lane.  According to the state statutes, the Council has the authority to pass ordinances which would create the districts and begin the process prescribed by law.

 

Council Member Hadley introduced Ordinance No. 7023, being Subsection 1 of Agenda Item VI to create Paving Improvement District No. 2004-880 for Willow Lane to its terminus in a cul-de-sac and LaPlatte Road from Meadow Lane to the north lot line of Lot 26, Block 3, Kearney Plaza Subdivision to the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter 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: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  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. 7023 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Blankenship that Ordinance No. 7023 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7023 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. 7024 – CREATE WATER DISTRICT NO. 2004-529

 

Council Member Hadley introduced Ordinance No. 7024, being Subsection 2 of Agenda Item VI to create Water District No. 2004-529 for Willow Lane to its terminus in a cul-de-sac, Redwood Lane to its terminus in a cul-de-sac, Cedar Lane to its terminus in a cul-de-sac and LaPlatte Road from Meadow Lane to Plaza Boulevard, 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 Buschkoetter 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: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  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. 7024 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Blankenship that Ordinance No. 7024 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7024 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. 7025 – CREATE SEWER DISTRICT NO. 2004-471

 

Council Member Hadley introduced Ordinance No. 7025, being Subsection 3 of Agenda Item VI to create Sewer District No. 2004-471 for Willow Lane to its terminus in a cul-de-sac and LaPlatte Road from Meadow Lane to the north lot line of Lot 26, Block 3, Kearney Plaza Subdivision to the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter 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: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  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. 7025 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Blankenship that Ordinance No. 7025 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7025 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.

 

PLANS AND SPECIFICATIONS FOR 2004 PART II IMPROVEMENTS

 

Mayor Blankenship opened for discussion the Plans and Specifications for the construction of the 2004 Part II Improvements consisting of Paving Improvement District No. 2003-871 for an alley between Central Avenue and 1st Avenue from 24th Street to 25th Street; Paving Improvement District No. 2003-877 for 17th Avenue from 14th Street, north a distance of 137± feet north of 15th Street Place; Paving Improvement District No. 2003-878 for 14th Street from 17th Avenue, east a distance of 115± feet east of 17th Avenue; Paving Improvement District No. 2003-879 for 15th Street Place from 17th Avenue, west to its terminus in a cul-de-sac; Water District No. 2003-527 for 17th Avenue from 14th Street, north a distance of 137± feet north of 15th Street Place AND 14th Street from 17th Avenue, east a distance of 115± feet east of 17th Avenue; Water District No. 2003-528 for 15th Street Place from 17th Avenue, west to its terminus in a cul-de-sac; Sewer District No. 2003-469 for 17th Avenue from 14th Street, north a distance of 137± feet north of 15th Street Place; and Sewer District No. 2003-470 for 15th Street Place from 17th Avenue, west to its terminus in a cul-de-sac and set the bid opening date for February 17, 2004 at 2:00 p.m.

 

Ron Grapes for Sunwest Development has requested that paving, water and sewer districts be installed for 17th Avenue, 15th Street Place, and 14th Street in Sunwest Addition.  The alley from Central Avenue to 1st Avenue between 24th Street and 25th Street is also included in this bid package.

 

The City is ready to advertise and receive bids for the 2004 Part II Improvements at this time.  Attached is a letter from Travis Mason requesting approval of the plans and specifications and to set the bid opening date for February 17, 2004 at 2:00 p.m.

 

The Engineer’s Opinion of Probable Construction Cost ranges between $350,000 and $550,000. The work involved for the sanitary sewer and watermain improvements will be substantially complete on or before April 1, 2004 and paving improvements on June 1, 2004.

 

Travis Mason from Miller & Associates was present to answer any questions.

 

Moved by Blankenship seconded by Kearney to approve the Plans and Specifications for the construction of the 2004 Part II Improvements consisting of Paving Improvement District No. 2003-871 for an alley between Central Avenue and 1st Avenue from 24th Street to 25th Street; Paving Improvement District No. 2003-877 for 17th Avenue from 14th Street, north a distance of 137± feet north of 15th Street Place; Paving Improvement District No. 2003-878 for 14th Street from 17th Avenue, east a distance of 115± feet east of 17th Avenue; Paving Improvement District No. 2003-879 for 15th Street Place from 17th Avenue, west to its terminus in a cul-de-sac; Water District No. 2003-527 for 17th Avenue from 14th Street, north a distance of 137± feet north of 15th Street Place AND 14th Street from 17th Avenue, east a distance of 115± feet east of 17th Avenue; Water District No. 2003-528 for 15th Street Place from 17th Avenue, west to its terminus in a cul-de-sac; Sewer District No. 2003-469 for 17th Avenue from 14th Street, north a distance of 137± feet north of 15th Street Place; and Sewer District No. 2003-470 for 15th Street Place from 17th Avenue, west to its terminus in a cul-de-sac and set the bid opening date for February 17, 2004 at 2:00 p.m.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

PLANS AND SPECIFICATIONS FOR 30TH AVENUE BOX CULVERT

 

Mayor Blankenship opened for discussion the Plans and Specifications for the construction of the 2004 Part I Improvements – Phase 1 (30th Avenue Box Culvert) and set the bid opening date for February 17, 2004 at 2:00 p.m.

 

As part of the 2003 Long Range Goals, Budget process, and the current One and Six Year Street Plan the City Council approved Paving Improvements for 30th Avenue from Highway 30 to 39th Street.  The first phase of this project is to replace the bridge over the Kearney Canal with a concrete box culvert that will allow the installation of a 4-lane road over the top in the next phase of this project.

 

The City is ready to advertise and receive bids for the construction of the Box Culvert Phase of the 30th Avenue project at this time.  Attached is a letter from Kent Cordes requesting approval of the plans and specifications and to set the bid opening date for February 17, 2004 at 2:00 p.m.

 

The Engineer’s Opinion of Probable Construction Cost ranges between $100,000 and $170,000.  The work involved will be substantially complete on or before April 15, 2004.

 

Kent Cordes from Miller & Associates was present to answer any questions from the Council.

 

Moved by Kearney seconded by Clouse to approve the Plans and Specifications for the construction of the 2004 Part I Improvements – Phase 1 (30th Avenue Box Culvert) and set the bid opening date for February 17, 2004 at 2:00 p.m.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

REVIEW ONE & SIX YEAR STREET IMPROVEMENT PLANS

 

Mayor Blankenship opened for discussion the review of the One & Six Year Street Improvement Plan and to set the public hearing for February 10, 2004 to adopt the One & Six Year Street Improvement Plan.

 

The Nebraska Department of Roads (DOR) annually requires the City of Kearney to submit One and Six Year Plans for street improvements. City Administration is preparing the plans and is now at the stage for soliciting input from the City Council.

 

Transportation Superintendent Gary Story presented the proposed One and Six Year Plans to the Council. The proposed plans incorporate street improvements from the previous Six Year Plan, various new improvements related to community development needs, and other street/reconstruction needs.

He presented the following proposed One Year Plan. 

 

 Project                                                                                             Estimated        Estimated

 No.                  Location                                                                   Total Cost        City Cost

 

115

30TH AVENUE FROM HIGHWAY 30 TO 39TH STREET 5200'

$1,300,000

$1,000,000

213

UNIVERSITY DRIVE AND LAKEVIEW DRIVE NTERSECTION

$60,000

$60,000

286

NORTH RAILROAD STREET FROM CENTRAL AVENUE TO AVENUE B

$460,000

$460,000

287

21ST STREET AND CENTRAL AVENUE INTERSECTION

$50,000

$50,000

288

22ND STREET AND CENTRAL AVENUE INTERSECTION

$50,000

$50,000

289

23RD STREET AND CENTRAL AVENUE INTERSECTION

$50,000

$50,000

290

24TH STREET AND CENTRAL AVENUE INTERSECTION

$50,000

$50,000

301

30TH AVENUE FROM HIGHWAY 30 (24TH STREET) TO LACROSSE DRIVE 1750'

$530,000

$330,000

362

63RD STREET FROM AVENUE N EAST 330'

$.00

$.00

363

6TH STREET FROM AVENUE D EAST 1260'

$.00

$.00

364

48TH STREET FROM COUNTRY CLUB LANE WEST 600'

$.00

$.00

365

48TH STREET PLACE FROM COUNTRY CLUB LANE EAST 270' CUL DE SAC

$.00

$.00

366

COUNTRY CLUB LANE FROM 140' SOUTH OF 48TH STREET TO 180' NORTH OF 48TH STREET, 380'

$.00

$.00

367

AVENUE O PLACE FROM 63RD STREET NORTH 180' CUL-DE-SAC

$.00

$.00

368

AVENUE O PLACE FROM 63RD STREET SOUTH 180' CUL-DE-SAC

$.00

$.00

369

49TH STREET PLACE FROM 19TH AVENUE EAST 600' CUL-DE-SAC

$.00

$.00

370

60TH STREET FROM 1ST AVENUE TO 2ND AVENUE 460'

$20,000

$20,000

371

65TH STREET FROM 2ND AVENUE EAST 600'

$24,000

$24,000

372

1ST AVENUE FROM 60TH STREET TO 65TH STREET 1600'

$60,000

$60,000

373

17TH AVENUE FROM 137' SOUTH OF 15TH STREET PLACE TO 137' NORTH OF 15TH STREET PLACE 334'

$12,000

$12,000

374

15TH STREET PLACE WEST 180' CUL- DE-SAC

$.00

$.00

375

La PLATTE ROAD FROM MEADOWLANE NORTH 650'

$15,000

$15,000

376

WILLOW LANE FROM LaPLATTE ROAD SOUTH 120' CUL-DE-SAC

$.00

$.00

377

50TH STREET FROM 700' EAST OF 19TH AVENUE TO 120' WEST OF 22ND AVENUE 1760'

$.00

$.00

378

19TH AVENUE FROM 130' SOUTH OF 50TH STREET TO 130' NORTH OF 50TH STREET, 260'

$.00

$.00

379

21ST AVENUE FROM 50TH STREET NORTH 130'

$.00

$.00

380

22ND AVENUE FROM 50TH STREET SOUTH 130'

$.00

$.00

382

39TH STREET AND AVENUE A SIGNAL

$150,000

$150,000

 

Council Member Clouse asked about 30th Avenue project – if there would be adequate access in and out from the residences.  City Engineer Bruce Grupe responded that this project will be done in three phases to help that situation.   The work with the box culvert will be confined within the canal area to allow access.  Mr. Grupe stated there would be a multitude of phases in the middle.  This project will be similar to how Central Avenue was done with shifting traffic and posting signs to help the public and the businesses. 

 

There was some discussion about having enough bricks to replace the existing brick on Central Avenue.  Bruce Grupe stated the plans are done.  The bricks will be pulled up and they will salvage what they can.  There are bricks that have been under concrete on the North Railroad Street project that can be cleaned and used to replace any broken bricks for this project. There should be enough to complete this project. The base will be repaired and the bricks put back. 

 

The following is a schedule of the proposed Six Year Plan:

 

 Project                                                                                             Estimated        Estimated

 No.                  Location                                                                   Total Cost        City Cost

 

143

25TH STREET (HIGHWAY 30) FROM AVENUE B TO AVENUE E

 

$275,000

 

$75,000

166

39TH STREET FROM AVENUE A TO 2ND AVENUE 1400'

$2,000,000

$2,000,000

170

39TH STREET AND 17TH AVENUE INTERSECTION

$300,000

$300,000

237

60TH STREET FROM 4TH AVENUE WEST 450'

$90,000

$20,000

245

COUNTRY CLUB LANE FROM 35TH STREET TO 39TH STREET 1200'

 

$370,000

 

$505,000

267

39TH STREET FROM 2ND AVENUE TO 6TH AVENUE

$1,000,000

$1,000,000

268

CHERRY AVENUE INTERSTATE INTERCHANGE & CHERRY AVENUE TO GLENWOOD

 

$20,000,000

 

$4,000,000

293

48TH STREET FROM 6TH AVENUE TO PARKWOOD LANE 1650'

 

$400,000

 

$100,000

294

48TH STREET FROM PARKWOOD LANE TO 17TH AVENUE 1900'

 

$470,000

 

$120,000

300

RAILROAD GRADE SEPARATION OVERPASS - LOCATION DETERMINED BY STUDY TO BE 17TH AVENUE JUST EAST OF TAILRACE

 

 

$11,000,000

 

 

$11,000,000

341

11TH STREET FROM 1ST AVENUE TO 7TH AVENUE 2100'

 

$800,000

 

$800,000

360

56TH STREET FROM AVENUE N TO AIRPORT  13500’

$3,500,000

$3,500,000

361

29TH STREET AND 5TH AVENUE INTERSECTION

$160,000

$160,000

381

AVENUE N NORTH 135’ TO 1700’ NORTH OF EASTBROOKE DRIVE

 

$800,000

 

$800,000

 

Mayor Blankenship stated that there will be a public hearing on February 10th to adopt the One and Six Year Plan.  Between now and then additions can be made to these plans.  The important thing is that we get them listed so that the State is informed about them.  Gary Story added that the Six Year Plan is what the City wants to happen in the future.  This is a good place to start and from the Six Year Plan can be moved to the One Year Plan when the City is ready to do them.   

 

Moved by Clouse seconded by Hadley to set the public hearing for February 10, 2004 to adopt the One & Six Year Street Improvement Plan.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

ORDINANCE NO. 7026 – AMEND SECTION 3-1305 OF THE KEARNEY CITY CODE

 

The Big Apple Fun Center currently has a Class “C” (Beer, Wine and Distilled Spirits – On and Off Sale) liquor license. They have held a liquor license since 1983 and have not had any major violations. The Big Apple will be hosting the Nebraska Men’s State Bowling Tournament beginning in February.

 

The City received an email requesting the Council to consider allowing the Big Apple to sell alcoholic liquor on Sunday beginning with February 8th through April 25th beginning at an earlier time other than 12:00 noon.

 

Section 3-1305 of the Kearney City Code states “No person shall, within the City, sell at retail or dispense any alcoholic liquor, including beer and wine, on the first day of the week, commonly called Sunday, between the hours of 6:00 a.m. Sunday and 1:00 a.m. Monday; except that alcoholic liquors, including beer and wine, may be sold or dispensed only for consumption on the premises on Sunday between the hours of 12:00 p.m. and 12:00 a.m.” This allows for the consumption on the premises only. The City does not allow alcoholic beverages, including beer and wine, to be sold off the premises at any time on Sundays.

 

Section 53-179(2) of the Nebraska Statutes states: “Except as provided for and allowed by ordinance of a local governing body applicable to area inside the corporate limits of a city . . . no alcoholic liquor, including beer, shall be sold at retail or dispensed between the hours of 6 a.m. Sunday and 1 a.m. Monday. No ordinance or resolution allowed by this subsection shall permit alcoholic liquor, other than beer and wine, to be sold at retail or dispensed between the hours of 6 a.m. Sunday and 12 noon Sunday. . . .” The City Council has the legal authority to amend the City Code to accommodate this request to the selling and dispensing of beer and wine only between the hours of 6:00 a.m. and 12:00 noon. An ordinance is required to effect the amendment, and the ordinance may authorize ONLY the sale of beer and wine between 6:00 a.m. and 12:00 p.m. noon on Sundays. In order for the ordinance to take effect prior to its normal effective date of February 11, 2004, it must be passed with an emergency clause.

 

Administration recommends Council give this due consideration because the amendment would allow any person holding a Class “A”, “B”, “C”, “I”, or “J” liquor license to begin selling or dispensing alcoholic liquor at 6:00 a.m. on Sundays from February 8, 2004 through April 25, 2004. After April 25th the selling or dispensing of alcoholic liquor on Sundays would again be from 12:00 p.m. noon until 12:00 a.m. midnight.

 

Ken Owen, General Manager of the Big Apple Fun Center presented this matter to the Council. He stated that the Men’s Bowling Association had asked if an amendment to the City rules could be made to serve alcohol on Sunday mornings during their tournament beginning February 8th through the end of the tournament on April 25th for 2004 only.  There will be approximately 500 teams participating in this tournament.  Twenty percent of those teams would be affected by being scheduled to bowl at the 8:00 a.m. and 10:30 a.m times.

 

Council Member Kearney asked if this has been allowed in other communities where bowling tournaments are held.  Mr. Owen stated that he was not able to get a response from North Platte and Hastings where he has bowled tournaments in the past so he could not say for a fact alcohol was allowed on Sunday.  His experience in Colorado is that all alcoholic beverages were allowed on Sunday morning. 

 

Council Member Hadley clarified that by approving this amendment that “on sale” alcohol would be allowed to be served in any establishment in Kearney that holds that type of Liquor License and not exclusive to the bowling alley during these dates.

 

Council Member Clouse asked if the alcohol request has anything to do with getting the tournament to come back to Kearney.  He wanted to know if it is part of a bid package.  Mr. Owen stated that the location is based on a 7-year rotation and that the lane beds are provided for the tournament. He stated that he believes that they should get some public opinion before changing it and not make an exception for something that is going to be held here anyway.

 

City Attorney Mike Kelley stated that he does not recall that it has ever been requested before and has never been permitted on Sunday morning.  This ordinance has been in effect since 1984.  City Manager Allen Johnson stated at that time the hospitality industry requested that the ordinance allow alcohol be served from 12:00 p.m. on Sunday.  Mayor Blankenship stated that in 1984 there was new competition in the state with the Cornhusker and number of other things and Kearney was losing business to other communities and that was the reason for the request.  The Council granted a request to put it on the ballot and was voted on by the people in this community.  It was a vote of the people versus a vote of the Council. 

 

Council Member Hadley asked if on-premise beer, wine, and hard liquor are permitted from 12:00 to 6:00 p.m. on Sunday, why not ask for the same before noon.  City Attorney Mike Kelley stated that the State Statute does not permit it in the morning hours.  It allows beer and wine only.  Council Member Hadley stated that he believes that allowing this for bowling would be opening the door for other sporting events to make the similar requests. 

 

City Manager Allen Johnson stated his feeling was instead of making a special permit for the bowling people that perhaps the entire ordinance should be changed since the public approved it originally.  If the decision were made to do that, it would give the opportunity for public feedback.  

 

Mayor Blankenship stated that he had visited with Mr. Owen and a member of the local men’s bowling association earlier.  He stated that one of his concerns is the fact that it was voted on by the people, which is significant. In fact he was involved with the Chamber of Commerce at the time that requested the change to the Sunday liquor sales.  One of the issues 20 years ago was how long to allow liquor to be sold on Sunday.  He also was not convinced that liquor sales on Sunday morning are going to make a big impact on the economy.

 

Council Member Buschkoetter stated that these six weeks would be an opportunity to see how it would work as a trial run.  He did not believe that they would be doing a whole lot of sales on Sunday, promoting it or capitalizing on it. He did not believe that it would bring down the “good life” or the family life in Kearney by allowing this to happen on a trial basis.

 

Moved by Blankenship seconded by Kearney to deny Ordinance No. 7026, proposing to amend Section 3-1305 “Alcoholic Beverages, Hours of Sale; Sundays” of Article 13 “Alcoholic Beverages” of Chapter 3 “Business Regulations” of the Kearney City Code to provide that beer and wine may be sold for consumption on the premises from 6:00 a.m. to 12:00 p.m. noon on Sundays from February 8, 2004 through April 25, 2004.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney.  Nay: Buschkoetter.  Motion carried.

 

OPEN ACCOUNT CLAIMS         NPPD -- $50,412.41

                                                WARD LABORATORIES -- $21.00

 

Moved by Kearney seconded by Buschkoetter that Open Account Claims in the amount of $50,412.41 payable to NPPD and in the amount of $21.00 payable to Ward Laboratories be allowed.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley.  Nay: None.  Blankenship and Clouse abstained.  Motion carried.

 

VII.    REPORTS

 

City Clerk reminded the Council of the Special Emergency Meeting to be held on Wednesday, January 28, 2004 at 10:00 a.m. in the City Manager’s Conference Room.

 

Director of Utilities Kirk Stocker reported that the Utilities Department has moved its operations not only to the old Brown Transfer building, but also a new vehicles storage building and the new recycling center and everything is going very well. 

 

With minimal persuasion, the Sanitation Division has decided to start residential curbside collection of recyclables twice a month at the beginning of February.  They are taking and combining 16 routes to make them eight routes.  Their goal is to get people signed up for this program, limit the trash they haul to the landfill.

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Buschkoetter that Council adjourn at 9:19 p.m.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

 

ATTEST:                                                                       BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK