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