Kearney, Nebraska
February
24, 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 February 24, 2004
in the Council Chambers at City Hall. This meeting adjourned at 7:36 p.m. A meeting of the City Council of Kearney, Nebraska,
was then convened in open and public session at 7:37 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: Jay Lumbard, Judy Lumbard, Mary Kalb, Philena English,
Mike Martinosky, Ken Tracy, Chris Vasquez, Mitch Humphrey, Kent Cordes, Travis
Mason, Marvion Reichert, Bruce Lefler, Cole Spresser, Jeni Schaben, Paul Wice
from KGFW Radio, Mike Konz from Kearney Hub.
Notice of the meeting was given in advance thereof by publication
in the Kearney Hub, the designated method for giving notice, a copy of the
proof of publication being attached to these minutes. Advance notice of the
meeting was also given to the City Council and a copy of their acknowledgment
or receipt of such notice is attached to these minutes. Availability of the
Agenda was communicated in the advance notice and in the notice to the Mayor
and City Council. All proceedings hereafter shown were taken while the meeting
was open to the attendance of the public.
I. ROUTINE BUSINESS
INVOCATION
Reverend Tom Hansen from St. Luke’s Episcopal Church
provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scout Matthew Brown led the Council members and audience
in the Pledge of Allegiance.
RECOGNITION – JAY LUMBARD
Mayor Blankenship and Council Members recognized Jay Lumbard
for 30 years of service with Public Works/Fleet Maintenance. He was presented a
watch.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
THUNDERHEAD BREWING – CATERING
LIQUOR LICENSE
Moved by Clouse seconded by Hadley to remove from the table
the Catering Application submitted by THUNDERHEAD BREWING CO., dba “Thunderhead
Brewing” in connection with their Class “L-47920” (Craft Brewery) Liquor
License located at 18
East 21st Street and
to consider Resolution No. 2004-21. Roll call resulted as follows: Aye:
Blankenship, Hadley, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried.
The holder of a Class C, Class D, Class I, or a Class L
license may obtain an annual catering license. A catering license shall be
issued for the same period and may be renewed in the same manner as the Class
C, Class D, Class I, or Class L licenses. The holder of a catering license may
deliver, sell, or dispense alcoholic liquor, including beer, for consumption at
a premises designated in a special designated license approved by the City
Council. The holder of a catering license shall continue to come before the Council
for approval of Special Designated Licenses for events off their licensed
premise. The advantage of having a Catering License is to allow the catering of
alcohol off the licensed premises several times a year. Without a catering
license, a license holder will only be issued a special designated license for
six calendar days in any one calendar year.
The Nebraska Liquor Control Commission has received an
application from THUNDERHEAD BREWING CO., dba “Thunderhead Brewing” located at 18 East 21st Street for a Catering License in
connection with their Class “L” (Craft Brewery) Liquor License. This
application has been forwarded by the Nebraska Liquor Control Commission to the
City for approval by the governing body.
Jeni Schaben, 317 West 28th Street, presented this matter to the Council. She apologized to
the Council for not being at the last Council meeting. She stated that one of
the reasons that they want a catering license is for events such as for Cozad
and Eustis city celebrations where they can cater the beer and they provide the
security. Thunderhead will be partnering with the places they are catering and
security for minors will be address in the Special Designated License that they
will obtain for each event.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Buschkoetter to close the
hearing and approve the Catering Application submitted by THUNDERHEAD BREWING
CO., dba “Thunderhead Brewing” in connection with their Class “L-47920” (Craft
Brewery) Liquor License located at 18 East 21st Street and approve Resolution No. 2004-21. Roll call resulted as
follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.
RESOLUTION
NO. 2004-21
WHEREAS, THUNDERHEAD BREWING CO., dba “Thunderhead
Brewing” has filed with the City Clerk of the City of Kearney, Nebraska, an
application for a Catering License in connection with their Class “L-47920”
(Craft Brewery) Liquor License and doing business at 18 East 21st Street,
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 February
24, 2004.
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 Catering License to THUNDERHEAD BREWING CO., dba “Thunderhead Brewing” in
connection with their Class “L-47920” (Craft Brewery) Liquor License located at
18 East 21st Street.
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 24TH DAY OF FEBRUARY,
2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
IV. CONSENT AGENDA
Moved by Buschkoetter seconded by Blankenship that
Subsections 1 through 9 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 February 10, 2004.
2. Approve the following
Claims: 3M MDY9704 $1,350.00 Su; A-1 Refrigeration $2,598.00 Rep; Adamson
Industrial $66.95 Rep; Albert Whitman & Co $11.81 Bks; Al-Jon $388,919.00
Equip; Alltel $720.14 Serv; Ameri Backflow Prevention Assoc $40.00 Dues;
Anderson Ford $59,997.00 Vehicle; Anderson Wrecking $480.00 Rep; AT&T
$87.22 Serv; Baker & Taylor Books $2,080.74 Bks; Barney Abstract $810.00
Serv; Baye, S $15.97 Cla; BBC Audiobooks America $186.38 Bks; BD Construction
$3,696.50 Serv; Beacon Consulting Group $50.00 Tr; Bearcat Diner $1,417.50
Serv; Beideck, J $57.00 Reim; Bennett, T $1,366.50 Serv; Berens-Tate Consulting
$1,000.00 Serv; Big Flag $462.76 Inv; Big O Tires $128.85 Su; Blessing
Construction $1,912.50 Serv; BlueCross BlueShield $61,044.07 Claims; Books on
Tape $748.80 Bks; Broadfoot Sand $1,361.94 Su; Buffalo Co Reg of Deeds $7.50 Serv;
Builders How to Warehouse $749.57 Various; Butler, Voigt & Stewart $56.00
Su; Career Track $10.00 Tr; CDW Gov't $286.20 Equip; Central Platte NRD
$3,625.00 Serv; Central States Group $6,920.94 Rep; CHAD $4.00 Ded; Charter
Media $59.00 Serv; Christensen, D $112.50 Serv; City Glass $62.85 Rep; City of
Ky $41,769.12 Various; Clark Enersen Partners $334.79 Serv; College Savings
Plan of NE $295.00 Ded; Computerized Fleet Analysis $2,245.00 Serv; Cook
Construction $2,000.00 Serv; Crossroads Ford $99.38 Rep; Culligan $125.30
Various; Dawson Co PPD $13,029.45 Serv; Dell $3,966.68 Equip; Depository Trust
$16,560.00 Int; DPC $3,901.15 Su; Dreyer, D $116.87 Reim; Eakes $3,061.76
Various; Ehrhart Griffin & Assoc $3,457.81 Serv; Eickhoff, B $366.10 Serv;
Farm Plan $319.51 Rep; Fedex $126.95 Pstg; Freburg, N $184.62 Ded; Fremont
Nat'l Bank $34,814.05 Ded; Frontier $8,301.52 Serv; G Neil $25.72 Su; Galls
$352.39 Su; Gangwish Turf $35.00 Serv; Garrett Tires $1,548.94 Rep; Gary's I-80
$726.30 Serv; Great Amer Outdoor $322.91 Rep; Great Plains One-Call $143.15
Serv; H&G Cleaners $264.67 Serv; Hach $157.00 Rep; Hometown Leasing $206.00
Serv; Hotsy Equipment $88.04 Equip; ICMA RC $2,951.58 Ded; IRS $90,338.50
Taxes; Interstate Structures $151,819.74 Serv; Island Supply $2,998.00 Equip;
Jack Lederman Co $1,527.86 Containers; Johnson, J $80.00 Reim; K&K Parts
$7.73 Rep; Ky Clinic $304.00 Serv; Ky Crete $2,691.75 Serv; Ky Hub $2,236.91
Serv; Ky Tire $350.00 Serv; Kirkham Michael $16,118.82 Serv; Kirkwood, M $69.45
Tr; Laser Art Design $152.00 Various; Laughlin, K $360.00 Ded; Law Enforcement
Assoc $73.00 Su; Lawson Products $105.04 Rep; LCL Truck Equipment $5,609.00
Equip; Lerner Publications $12.56 Bks; Lindner, S $34.50 Tr; Linweld $359.54
Various; Lockmobile $6.50 Rep; Lorman Education $279.00 Tr; Lynn Peavey Co
$76.85 Equip; Magic Cleaning $600.00 Rep; Marlatt Machine Shop $1,083.78
Various; McCarty, D $15.00 Inv; Midwest Lab $433.00 Serv; Miller &
Associates $1,345.50 Serv; Municipal Supply $812.20 Inv; NAPA $55.81 Rep; Nat'l
Paper Supply $214.16 Su; NWWA $2,269.22 Various; NCS Equipment $178.26 Rep; NE
Child Support $978.49 Ded; NE Machinery $24,957.93 Various; NE Truck Center
$78,228.00 Equip; Nickman Bros $2,455.00 Serv; Northwestern $3,102.95 Serv;
NSFSI $135.00 Tr; Officenet $78.72 Su; Olsen, C $563.15 Tr; Ostrander, R
$148.35 Tr; Paramount Linen $290.54 Various; Pat's Plumbing $700.03 Rep;
Patterson, B $49.45 Tr; PepperBall Tech $705.17 Equip; Pfeiffer, D $148.35 Tr;
Pike & Fisher $169.00 Dues; Platte Valley Communications $3,086.48 Serv;
Power Plan $1,058.46 Rep; PPCT Mgt Systems $127.00 Tr; Preferred Mail $94.63
Pstg; Presto-X $48.00 Rep; Ready Mixed Concrete $1,650.25 Serv; Recorded Books
$847.95 Bks; Rembolt, Ludtke & Berger $98.00 Serv; Rich, T $44.95 Reim;
Riverside $738.50 Serv; Road Builders $241,582.24 Equip; Sagebrush $108.24
Equip; S-F Analytical Lab $170.00 Serv; Sheldon, S $55.00 License; Sherwin
Williams $1,016.46 Rep; Snap On Tools $100.00 Su; Solid Waste Equipment $329.61
Su; Spencer Turbine $1,437.73 Rep; Standard & Poor's $268.00 Bks; State of
NE Dept of Aeronautics $370.00 Loan; State of NE HHS Lab $15.00 Serv; Super
Shine $7.00 Rep; T&B Cleaning $1,500.00 Serv; Thomas, P $35.63 Tr; Tracy, K
$47.93 Tr; Underground Construction $5,488.50 Serv; Ward Lab $24.00 Serv;
Washington State Support $102.01 Ded; Weathercraft $9,680.81 Serv; Wessels, W
$83.25 Tr; West Group $647.59 Tr; Wilke-Donovan's $28.56 Rep; Payroll Ending
02-07-2003 -- $242,201.72. 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 March 9, 2004 at 7:30 P.M. as date and time for hearing on those applications where
applicable.
4. Approve the application for a Special Designated
License submitted by JCB ENTERPRISES, INC., dba “Bill’s Liquor” in connection
with their Class C/K-39105 Catering Liquor License to dispense beer, wine and
distilled spirits in the Ag Pavilion at the Buffalo County Fairgrounds, 3807
Avenue N, on June 5, 2004 from 3:00 p.m. until 1:00 a.m. for a wedding
reception and dance.
5. Approve the recommendation by the Mayor on the
reappointment of Ron Larsen and Bruce Blankenship to serve as the City
representatives on the Buffalo County Economic Development Council.
6. Approve setting March 9, 2004 at 7:30 p.m. as
time and date for the Board of Equalization to determine a connection fee in
the amount of special benefits accruing to the property in the district which
fee shall be paid to the City at the time such property becomes connected to
the water line for Water Connection District No. 2002-1 for Cherry Avenue from
11th Street north to the Union Pacific right-of-way, thence east to Airport
Road, thence north to 39th Street; Water Connection District No. 2002-2 for
Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north
a distance of 1,890 feet; and Water Connection District No. 2002-3A for 30th
Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th
Addition, north a distance of 1,371 feet.
7. Approve the Certificate of Substantial Completion
submitted by Blessing, LLC and approved by Miller & Associates in
connection with the 2003 Part I Improvements consisting of Paving
Improvement District No. 2002-868 for 39th Street from 22nd Avenue to 30th
Avenue and approve Resolution No. 2004-29.
RESOLUTION
NO. 2004-29
WHEREAS, Blessing LLC has performed
services in connection with the 2003 Part I Improvements consisting of Paving
Improvement District No. 2002-868 for 39th Street from 22nd Avenue to 30th
Avenue, and the City’s engineer, Miller & Associates, have now certified to
the City Clerk that work is substantially completed as of December 15, 2003, as
shown by Exhibit “A” attached hereto and made a part hereof by reference.
Original
Contract Sum
|
$765,648.50
|
Change Order No. 1 (09-23-2003)
|
+ 4,530.00
|
Change Order No. 2 (12-23-2003)
|
+ 21,001.85
|
|
Contract Sum to Date
|
$791,180.35
|
|
|
|
|
Work Completed to Date
|
$756,560.30
|
NOW, THEREFORE, BE IT RESOLVED by the President
and Council of the City of Kearney, Nebraska, and hereby find and determine
that the Certificate of Substantial Completion be and is hereby accepted and
approved.
PASSED AND APPROVED THIS 24TH DAY OF FEBRUARY,
2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
8. Approve the recommendation submitted by the Fire
Chief to include the following as members of the Kearney Volunteer Fire
Department: Loren Richards, Brad Roggie, Kully Thatcher, and Steve Watson and
approve Resolution No. 2004-30.
RESOLUTION
NO. 2004-30
WHEREAS, Mike Martinosky, Chief of the Kearney
Volunteer Fire Department, has forwarded several names of individuals desiring
to serve as volunteers in the Kearney Volunteer Fire Department; and
WHEREAS, based on the recommendation of Chief
Martinosky, the City Council of the City of Kearney, Nebraska hereby finds and
determines that said persons listed are fully capable and qualified to serve a
membership in the Kearney Volunteer Fire Department; and
WHEREAS, in order to be qualified for benefits
in accordance with Neb. Rev. Stat. §48-115, et seq., said volunteer
firefighters acting outside the corporate limits of the City must be officially
directed to do so in order to be eligible.
NOW, THEREFORE, BE IT RESOLVED by the City
Council of the City of Kearney, Nebraska, that those persons recommended by the
Chief of the Kearney Volunteer Fire Department for membership in the Kearney Volunteer
Fire Department as set forth on the attached letter of recommendation, marked
Exhibit “A,” attached hereto and made a part hereof by reference, are hereby
confirmed as members of the Kearney Volunteer Fire Department for the purposes
of and in accordance with Neb. Rev. Stat. §48-115, and that said members are
fully entitled to benefits under the Workers’ Compensation Act.
BE IT FURTHER RESOLVED that all of said
volunteer firefighters named on Exhibit “A” are hereby specifically authorized
and directed to serve outside the corporate limits of the municipality under
the direction, orders and authority of the Chief of the Kearney Volunteer Fire
Department in accordance with §4-204 of the Kearney City Code.
PASSED AND APPROVED THIS 24TH DAY OF FEBRUARY,
2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
9. Approve the Application for a Special Designated
License submitted by KABB LLC, dba “Tri City Arena” in connection with their
Class IK49859 liquor license to dispense beer and distilled spirits on March
12, 13 and 14, 2004 from 12:00
a.m. until 9:00 p.m. in an enclosed fenced area in front of the arena for
a beer garden.
V. CONSENT AGENDA ORDINANCES
None.
VI. REGULAR AGENDA
FINAL PLAT – HAMMER-McCARTY
ADDITION
Moved by Blankenship seconded by Kearney to remove from the
table the application submitted by Mitch Humphrey (Applicant) for Larry Nansel,
President of the Buffalo County Historical Society (Owner) for final plat
approval of “HAMMER–McCARTY ADDITION” to the City of Kearney, Buffalo County,
Nebraska (between 10th Street and 11th Street and west of 7th Avenue) and to
consider Resolution No. 2004-26. Roll call resulted as follows: Aye:
Blankenship, Hadley, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried.
Planning Commission recommended approval considering that an
instrument (an agreement or easement) be prepared identifying a detention cell
and a drainage way to the North Channel of the Platte River and presented to
the City before the City Council meeting.
At the last City Council meeting, the applicant requested
rezoning of an eight-lot subdivision located south of 11th Street and west of Trails and Rails Museum which is owned by the Buffalo County Historical Society.
The land was rezoned from District RR-1 on the west half and District R-1 on
the east half to District R-2 on the west half and District R-1 on the
remaining easterly portion. Lot 1 of Maurer
Addition and Lots 18 through 21 of Block 1, Centennial Subdivision were vacated
so that the land could be replatted as Hammer-McCarty Addition.
Approval of the final plat for Hammer-McCarty Addition was
tabled at the last City Council meeting as a stormwater easement was not yet in
place. The Public Works Plan demonstrates the feasibility of sanitary sewer and
management of stormwater, including detection. The stormwater facilities will
be reserved under separate instrument and will be filed at the time that the
final plat is filed.
Mitch Humphrey presented this matter to the Council. He
stated due to some technicalities with the storm sewer easement, this was
tabled from the last meeting. He stated that his understanding is that
everything is now in place. Requirements have been met for formal approval so
that this project can move forward.
Moved by Kearney seconded by Clouse to approve the application
submitted by Mitch Humphrey (Applicant) for Larry Nansel, President of the
Buffalo County Historical Society (Owner) for final plat approval of
“HAMMER–McCARTY ADDITION” to the City of Kearney, Buffalo County, Nebraska
(between 10th Street and 11th Street and west of 7th Avenue) and approve Resolution
No. 2004-26 subject to the Storm Sewer Easement being filed at the time the
final plat is filed with the Register of Deeds. Roll call resulted as follows:
Aye: Blankenship, Clouse, Kearney,
Buschkoetter, Hadley. Nay: None. Motion carried.
RESOLUTION
NO. 2004-26
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF
THE CITY OF KEARNEY, NEBRASKA, that the plat of “HAMMER - McCARTY ADDITION”, an
addition to the City of Kearney, Buffalo County, Nebraska, duly made out,
acknowledged and certified, and the same hereby is approved and in accordance
with the provisions and requirements of Section 19-916 of the Nebraska Revised
Statutes, accepted and ordered filed and recorded in the Office of the Register
of Deeds of Buffalo County, Nebraska; said addition is hereby included within
the corporate limits of said City and shall be and become a part of said City
for all purposes whatsoever, and the inhabits of such addition shall be
entitled to all the rights and privileges and shall be subject to all laws,
ordinances, rules and regulations of said City.
BE IT FURTHER RESOLVED that the Storm Sewer
Easement, a copy marked as Exhibit “A” is attached hereto and made a part
hereof by reference, be filed at the same time the final plat is filed and
recorded in the Office of the Register of Deeds of Buffalo County, Nebraska.
BE IT FURTHER RESOLVED that the President of the
Council be and is hereby authorized and directed to execute the final plat on
behalf of the City of Kearney, Nebraska.
PASSED AND APPROVED THIS 24TH DAY OF february, 2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
AWARD BID FOR AERIAL LADDER FIRE
APPARATUS
Mayor Blankenship opened for discussion the bids received
for the purchase of a used Aerial Ladder Fire Apparatus and approve
Administration’s recommendation on awarding the bid to Brindlee Mountain Fire
Apparatus in the amount of $138,400.00.
It is the desire of the Kearney Volunteer Fire Department to
lower the ISO (Insurance Services Office) rating in Kearney from a Class 5 rating. In a recent
study of our fire apparatus, equipment, and records one of the recommendations
was to purchase an additional aerial apparatus as a backup ladder truck. The
Fire Department desires to purchase one used aerial ladder fire apparatus and
chassis to be used for fire protection in the City of Kearney. This additional aerial apparatus
will enhance our fire protection capabilities and will be housed at Station 2
located at 3820 30th
Avenue.
Notice of Bidding was let on January 16, 2004 and opened on February 2, 2004. One bid was received from Brindlee Mountain Fire
Apparatus in the amount of $138,400. The purchase of this apparatus will bring
the City of Kearney
Volunteer Fire Department to ISO standards, along with additional equipment and large diameter
hose added to current City of Kearney fire
apparatus.
Funding for the aerial ladder truck or the equipment to
equip the truck was not included in the 2003-2004 budget. Therefore, the Fire
Department is requesting that Public Safety Tax Anticipation Bonds be issued to
finance the truck and the necessary equipment for the truck.
Fire Chief Mike Martinosky stated that the Insurance Services
Offices out of Chicago, is a third party company that
grades fire departments. ISO comes into a community every 10-15 years and grades
the fire department. The system is 1-10, 10 being the worst. At present, the
City of Kearney is a class 5. They are proud of
the class 5 that they have considering they are a volunteer fire department.
Some of the factors score as follows: 10 points for
communications, 50 points on the fire department, and 40 points on water
availability, fire hydrants, etc. He has been on the Kearney fire department for 15 years and
wanted to understand the ISO better. He received permission from the City
Manager and the Suburban Board to bring in a consultant. This consultant has consulted
with fire departments in New
York, Buffalo, and numerous volunteer fire
departments and has brought some from class 9 and 10 down to a Class 1.
Since 1991, Kearney has
had some substantial growth, made some great water improvements, and the
communication system has been greatly advanced. The consultant made a
recommendation that the fire department change some record keeping, the way
some of the training is performed, change the listing in the phone book, and
getting a reserve ladder truck. We have reserve pieces for the fire truck, but
are missing reserve pieces for the ladder truck. He did state that they were
aware that they needed a ladder truck when they purchased the new one but there
was no place to store the old one. When Station 2 was built, it was in the
plan for a longer bay for that ladder truck, but due to the cost it was cut
back. Chief Martinosky and staff searched and found a used 1987 ladder truck
in Arkansas, which was owned by Brindlee
Mountain Fire Apparatus. He and Kearney’s two chief officers drove to Arkansas and checked it out. At that time a bid was advertised and Brindlee was
the one that won the bid for $138,400. Based on the consultant’s
recommendation, the indication is that by doing the water improvements that
they want to do, Kearney could move to a class 3 or possibly
a 2. Grand Island, Hastings, Lincoln, and Omaha are presently a class 3 and North Platte is a class 4.
City Manager Allen Johnson stated that there are no
guarantees of a better classification because it is a process. He stated that Chief
Martinosky is a volunteer and is not a paid full time City employee. The Chief
with help from the men and women in his department have given of their own time
and done an incredible job of looking at the assessment on this thing. He believed
that the consultant was a stroke of genius because he looked at everything from
no cost items to significant cost items such as the ladder truck. Since the
old ladder truck would not fit in any of the bays, an incredible amount of
research had to be done to find this used truck that fit the space. Mike and
the two assistant chiefs drove to Arkansas and spent the day checking it out. The only comment he made after that
was to apologize because they spent the night there rather than drive back the
same day.
City Manager stated an email was received from a citizen
questioning the impact of this purchase on property taxes. Chief Martinsoky
and Director of Finance Wendell Wessels would work on what the payback period
will be on this. Assuming that the KVFD obtains a class 3 rating, it would be
a valid economic impact from that new classification. The City has done
everything within their control to keep from increasing taxes. The fact is
that, as the writer acknowledges, the largest impact will be in the suburban
district.
Chief Martinosky commented that in the suburban area there
are a lot of communities that are a class 9 and 10. They are addressing that
subject with the Suburban Fire District. There are some people that will
benefit who are within a 5-mile radius of the Kearney fire stations. He was referring to the two city stations
and the one in Riverdale. The people between Riverdale and Kearney are going to get the benefit. It
will be a minimal expense for residences, but commercial properties will probably
see the impact of the savings.
Fire Chief stated the grading will be on three different
levels. There will be one for Kearney, one
for Riverdale, and one for the fire district that serves the 272 square miles
of the district. This is not going to be an overnight fix, the equipment must
be put in place, get it loaded, and then wait for a few things on the suburban
side. If the ISO does not notify us they are coming, then a letter from the
Mayor will be sent letting them know that we are ready. When the ISO does come
they will evaluate the dispatch center, the fire department, and the water
department. They have a book compiled with all their procedures, pictures of
all the trucks, and all applicable information ready for this inspection.
Council Member Kearney stated that the Volunteer Fire
Department saves taxpayers in Kearney
$2,000,000 a year. He stated that the economy in the insurance by having a
class 3 rating (although there is no guarantee) and being comparable with other
cities, he believed that this is very small in comparison to the economy the
Volunteer Fire Department provides the community and district.
Council Member Buschkoetter asked if this truck could be
used for a catastrophic fire. Chief Martinosky responded that this truck is
going to get more use than the new one because most of the calls come out of
the Station 1 area. Another suggestion from the ISO consultant is that we
respond with two engines and a ladder truck. The result is that they have both
stations responding to one structure. This will provide a ladder truck at both
ends of the City. Regardless of the district it is in, that engine’s pumper
will leave and that ladder truck will also go. He does not see any down side
to this because it saves money and is making things safer.
Council Member Hadley asked what a new truck would cost.
Chief Martinosky responded the cost of a new truck is $438,000. The ladder
truck that was previously purchased two years ago was between $600,000 and
$700,000. He also stated that the 1987 truck that was purchased meets the
standard a little better than the older apparatus did. The equipment that is
currently needed must have enclosed cabs for safety of firefighters. They do
have four pumper engines that are open cab but they do have crash bars and
seatbelts.
Mayor Blankenship stated that he recognizes the concern of
the person that sent the email regarding this purchase. He stated that when we
get the ISO rating back there will be people willing to take the difference
from their insurance bill for one year and apply it to this purchase. He
understands that the grade is not guaranteed; he is confident after reading the
ISO consultant’s report these changes are going to be made. He expressed his
appreciation to Chief Martinosky and his staff for the job they have done on a
volunteer basis being comparable to a paid staff.
Moved by Clouse seconded by Hadley to approve the bids
received for the purchase of a used Aerial Ladder Fire Apparatus and approve
Administration’s recommendation on awarding the bid to Brindlee Mountain Fire
Apparatus in the amount of $138,400.00. Roll call resulted as follows: Aye:
Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion
carried.
ORDINANCE NO. 7031 – ISSUE PUBLIC
SAFETY EQUIPMENT TAX ANTICIPATION BONDS
On February 24, 2004 the City Council awarded a bid to
purchase a used an aerial ladder truck at a cost of $138,400.00. Additionally,
the Fire Department has requested $62,334.00 to purchase equipment to equip the
aerial ladder truck and $28,145.00 to purchase equipment to better equip other
trucks in order to maintain or improve the City’s ISO rating.
The City is permitted to issue Public Safety Tax
Anticipation Bonds to pay the costs of purchasing the equipment as outlined
above for the Fire Department. Sections 18-1201 and 18-1202 of the Nebraska
State Statutes allows any city to issue Tax Anticipation Bonds without an
election for the purpose of “purchasing and maintaining public safety
equipment, including, but not limited to, vehicles or rescue or emergency
first-aid equipment for a fire or police department of such city or village,
for purchasing real estate for fire or police quarters or facilities, for
erecting, building, altering, or repairing fire or police quarters or
facilities, for purchasing, installing, and equipping an emergency alarm or
communication system, or for paying off bonds authorized by section 18-1202”.
These same statutes allow cities to levy a special tax each year of not more
than five cents on each one hundred dollars upon the taxable value of all the
taxable property in such city for the purposes set forth in the statutes.
The principal amount of the bonds is $235,000.00 and the use
of the bond proceeds will be as follows:
Aerial ladder truck $138,400.00
Equipment for ladder truck $62,334.00
Equipment for other trucks $28,145.00
The bonds will have an eight-year maturity schedule with an
estimated interest rate of 1.35% on the one-year bonds to 3.35% on the
eight-year bonds. The actual interest rate will be determined on February 24,
2004 and presented to the council by Jim Fox. The estimated annual payment on
the bonds will be approximately $33,000.00 each year for the eight years the
bonds are outstanding. Therefore, the property tax levy will be approximately
.303 cents per one hundred dollars of valuation or $3.03 per year on a home
valued at $100,000.00.
Richard Pedersen, an attorney with the Baird Holm Law Firm
located in Omaha, has drafted the ordinance in accordance with state and
federal laws governing such bonding arrangements. The City will be required to
budget approximately $33,000.00 annually over the next eight years in order to
make the annual principal and interest payments on the Series 2004 Public
Safety Tax Anticipation Bonds.
Bruce Lefler from Ameritas presented this matter to the
Council. He stated that this ordinance is for the issuance of $235,000 of
Public Safety Equipment bonds to provide $230,000 of proceeds for the purchase
of the truck and other equipment for the Fire Department. Those bonds, as they
are issued, will be repaid basically through eight years (on this particular
project) through 2012. The interest rates on this financing are 1.35 running
through 3.35 percent. This provides an average borrowing cost of 2.72 percent,
which is an attractive interest rate from the borrowing standpoint.
Council Member Hadley introduced Ordinance No. 7031, being
Subsection 3 of Agenda Item VI an ordinance authorizing the issuance of Public
Safety Equipment Tax Anticipation Bonds of the City of Kearney, Nebraska in the
principal amount of $235,000 for the purpose of providing funds for purchasing
and maintaining a public safety vehicle and equipment and miscellaneous costs
associated therewith; directing the application of the proceeds of said bonds;
prescribing the form of said bonds; providing for the levy and collection of
taxes to pay the same; providing for the sale of the bonds; authorizing the
delivery of the bonds to the purchaser; and ordering the ordinance published in
pamphlet form, and moved that the statutory rules requiring ordinances to be
read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the
number of the ordinance on its first reading and then upon its final passage.
Council Member 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, Buschkoetter, Hadley, Clouse, Kearney.
Nay: None. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and
adopted. City Clerk read Ordinance No. 7031 by number. Roll call of those in
favor of the passage of said ordinance on the first reading resulted as
follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Buschkoetter seconded by Blankenship that Ordinance
No. 7031 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7031 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. 7032 – ISSUE VARIOUS
PURPOSE BONDS
The City has completed construction, made final payments on,
and assessed the improvement costs according to benefits derived on the 2001
Part II Street Improvement Projects, the 2002 Part I Street Improvement
Projects, the 2002 Part III Street Improvement Projects, and the 2003 Part I
Street Improvement Projects.
Prior to the construction of the above Street Improvement
Projects, Series 2002 Bond Anticipation Notes were approved by the City Council
to provide cash to pay contractors as “Applications and Certificates for
Payment” were approved by the City’s Engineer and the City Council. The Series
2002 Bond Anticipation Notes, which are dated April 1, 2002, provided short
term financing for the above Street Improvement Projects and mature on April 1,
2004. Therefore, it is necessary to approve the Series 2004 Various Purpose
General Obligation Bonds to redeem the Bond Anticipation Notes dated April 1,
2002, and provide long-term financing for the above Street Improvement
Projects.
The total amount of the outstanding Series 2002 Bond
Anticipation Notes is $4,150,000.00. The total amount of the Series 2004
Various Purpose General Obligation Bonds will be $3,500,000.00. The difference
between the Series 2004 Various Purpose General Obligation Bonds and the
outstanding Series 2002 Bond Anticipation Notes will be funded with developer
deposit collections, special assessment collections, and unspent proceeds of
the Series 2002 Bond Anticipation Notes. The term of the Series 2004 Various
Purpose General Obligation Bonds will be twenty years with an interest rate of
1.10% on the one year bonds to 4.45% on the twenty year bonds. The annual
payments on the Series 2004 Various Purpose General Obligation Bonds will be
approximately $253,000.00 each year for twenty years.
Richard Pedersen, an attorney with the Baird Holm Law Firm
located in Omaha, has drafted the ordinance in accordance with state and
federal laws governing such bonding arrangements. The City will be required to
budget approximately $253,000.00 annually over the next twenty years in order
to make the annual principal and interest payments on the Series 2004 Various
Purpose General Obligation Bonds.
Bruce Lefler from Ameritas presented this matter to the
Council. He stated for this issue they chose to have a bond insurance issued.
Ultimately what this means to investors is that this bond carries an AAA rating
which is the highest rating categories. The economics on these funds to the
City is the gross bond insurance premium of about $16,675. The economics to
the City is the payment of that bond insurance premium to gather the AAA
rating. In turn, there is a related lower interest rate, which would reduce
interest costs by approximately $80,000. The economic impact is paying $16,000
and getting $80,000 back on a lower borrowing cost over the term of the
issue. This particular issue amortized over a 20-year period with interest
rates starting at 1.1 to 4.45 percent averages borrowing costs over that
20-year period of 3.86 percent. This, in essence, pays off bond anticipation
notes that were issued for these projects as listed in the ordinance and puts
them into a permanent financing mode for the City.
Council Member Blankenship introduced Ordinance No. 7032,
being Subsection 4 of Agenda Item VI an ordinance authorizing the issuance of
Various Purpose Bonds of the City of Kearney, Nebraska in the principal amount
of $3,500,000 for the purpose of paying the costs of improving streets and
intersections in Paving Improvement District Nos. 2000-835, 2001-861, 2001-862,
2001-863, 2001-865, 2001-866, and 2002-868 and Intersection Improvement
District No. 2000-5; directing the application of the proceeds of said bonds;
prescribing the form of said bonds; providing for the levy and collection of
taxes to pay the same; providing for the sale of the bonds; authorizing the
delivery of the bonds to the purchaser; and ordering the ordinance published in
pamphlet form, and moved that the statutory rules requiring ordinances to be
read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the
number of the ordinance on its first reading and then upon its final passage.
Council Member Kearney seconded the motion to suspend the rules. President of
the Council asked for discussion or if anyone in the audience was interested in
the ordinance. No one responded. Clerk called the roll which resulted as
follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. 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. 7032 by number. Roll call of those in favor of the passage of said
ordinance on the first reading resulted as follows: Aye: Blankenship, Clouse,
Kearney, Buschkoetter, Hadley. Nay: None. Motion carried. Ordinance was read
by number.
Moved by Kearney seconded by Clouse that Ordinance No. 7032
be passed, approved and published as required by law. Roll call resulted as
follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7032 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.
AWARD BID FOR 2004 PART II
IMPROVEMENTS
Mayor Blankenship opened for discussion the bids received
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 to consider Resolution No. 2004-31 awarding Bid A
(Water and Sewer Districts) to Midlands Contracting in the amount of
$80,397.00, and awarding Bid B (Paving Districts) to Blessing LLC in the amount
of $239,603.00.
At the January 27, 2004, Council
meeting, the City Council approved the plans and specifications for the 2004
Part II Improvements which included sewer, water and paving improvements in 17th
Avenue, 14th Street and 15th Street Place. The project also includes
reconstruction of the alley between 24th Street and 25th Street from Central
Avenue to 1st Avenue.
Sealed bids for the 2004 Part II Improvements were received on Tuesday, February 17, 2004 at
2:00 p.m. for Bid A (water and sewer) and for Bid B (paving). The following
were the bids received:
|
Bidder
|
Bid A
|
Bid B
|
|
Midlands Contracting, Inc.,
Kearney, NE
|
$80,397.00
|
No Bid
|
|
General Excavating, Lincoln, NE
|
$125,467.50
|
No Bid
|
|
Blessing, LLC, Kearney, NE
|
No Bid
|
$239,603.00
|
|
Dan Roeder Construction, Kearney,
NE
|
No Bid
|
$246,748.00
|
The Engineer’s Opinion of Probable Construction Cost was
$395,859.50. The low combined bids from Midlands Contracting for Bid A and
Blessing, LLC for Bid B is 19% below the Engineer’s Opinion of Probable
Construction Cost. The contractor’s completion date for Bid A is April 15,
2004 and for Bid B is June 15, 2004.
Travis Mason from Miller & Associates was present to
answer any questions.
Moved by Clouse seconded by Hadley to approve the bids
received 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 approve Resolution
No. 2004-31 awarding Bid A (Water and Sewer Districts) to Midlands Contracting
in the amount of $80,397.00, and awarding Bid B (Paving Districts) to Blessing
LLC in the amount of $239,603.00. Roll call resulted as follows: Aye:
Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion
carried.
RESOLUTION
NO. 2004-31
WHEREAS, Miller & Associates of the City of
Kearney have reviewed the sealed bids which were opened on February 17, 2004,
at 2:00 p.m. for 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
WHEREAS, the Engineer’s Opinion of Probable Construction
Cost for the project was $395,859.50; and
WHEREAS, the said engineers have
recommended the bid offered by Midlands Contracting of Kearney, Nebraska in the
sum of $80,397.00 for Bid A (Water and Sewer), and Blessing LLC of Kearney,
Nebraska in the sum of $239,603.00 for Bid B (Paving) be accepted as the lowest
responsible bids.
NOW, THEREFORE, BE IT RESOLVED by the President
and City Council of the City of Kearney, Nebraska that the Engineers
recommendation is hereby accepted and approved, that Midlands Contracting of
Kearney, Nebraska be and is the lowest responsible bidder for the 2004 Part
II Improvements – Bid A consisting of 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 to be constructed in accordance with the
plans and specifications on file with the City Clerk and that the bid of
Midlands Contracting of Kearney, Nebraska in the sum of $80,397.00 be and is
hereby accepted for Bid A (Water and Sewer Districts).
BE IT FURTHER RESOLVED by the President and City
Council of the City of Kearney, Nebraska that the Engineers recommendation is
hereby accepted and approved, that Blessing LLC of Kearney, Nebraska be and is
the lowest responsible bidder for the 2004 Part II Improvements – Bid B
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, to be constructed
in accordance with the plans and specifications on file with the City Clerk and
that the bid of Blessing LLC of Kearney, Nebraska in the sum of $239,603.00 be
and is hereby accepted for Bid B (Paving Districts).
BE IT FURTHER RESOLVED the Engineer’s Opinion of
Probable Construction Cost for 2004 Part II Improvements in the amount
of $395,859.50 be and is hereby accepted.
BE IT FURTHER RESOLVED that the
President of the Council of the City of Kearney, Nebraska, be and is hereby
authorized and directed to execute contracts for such improvements in accordance
with the bid, plans, specifications, and general stipulations pertaining
thereto.
PASSED AND APPROVED THIS 24TH DAY OF FEBRUARY,
2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
AWARD BID – 30TH AVENUE BOX CULVERT
Mayor Blankenship opened for discussion the bids received
for the 2004 Part I Improvements – Phase 1 (30th Avenue Box Culvert) and to
consider Resolution No. 2004-32 awarding the bid to Strobel Construction in the
amount of $105,837.06.
At the January 27, 2004, Council
meeting, the City Council approved the plans and specifications for the 2004
Part I Improvements which included the reconstruction of the drainage structure
which carries the 30th Avenue roadway over the Kearney Canal. The proposed
structure is a box culvert.
Sealed bids for the 2004 Part I Improvements were received
on Tuesday, February 17, 2004 at 2:00 p.m. The following were the bids
received:
|
Bidder
|
Bid
|
|
Strobel Construction Unlimited, Inc., Clarks, NE
|
$105,837.06
|
|
Wilke Construction Corp., Kearney, NE
|
$124,141.20
|
|
Midlands Contracting, Inc., Kearney, NE
|
$126,899.75
|
|
Cement Products Inc., North Platte, NE
|
$131,843.80
|
|
Simon Contractors, North Platte, NE
|
$165,363.16
|
The Engineer’s Opinion of Probable Construction Cost was
$155,446.10. The low bid from Strobel Construction Unlimited, Inc. is 32%
below the Engineer’s Opinion of Probable Construction Cost. The contractor’s
completion date for this contract is April 30, 2004.
Kent Cordes from Miller & Associates was present to
answer any questions.
Moved by Hadley seconded by Buschkoetter to approve the bids
received for the 2004 Part I Improvements – Phase 1 (30th Avenue Box Culvert)
and approve Resolution No. 2004-32 awarding the bid to Strobel Construction in
the amount of $105,837.06. Roll call resulted as follows: Aye: Blankenship,
Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
RESOLUTION
NO. 2004-32
WHEREAS, Miller & Associates Consulting
Engineers have reviewed the sealed bids which were opened on February 17, 2004,
at 2:00 p.m. for the 30th Avenue Box Culvert; and
WHEREAS, the Engineer’s Opinion of Probable
Construction Cost for the project was $155,446.10; and
WHEREAS, the said engineers have
recommended the bid offered by Strobel Construction Unlimited, Inc. of Clarks,
Nebraska in the sum of $105,837.06 be accepted as the lowest responsible bid.
NOW, THEREFORE, BE IT RESOLVED by the President
and City Council of the City of Kearney, Nebraska that the Engineers
recommendation is hereby accepted and approved, that Strobel Construction
Unlimited, Inc. of Clarks, Nebraska be and is the lowest responsible bidder for
the 30th Avenue Box Culvert to be constructed in accordance with the plans and
specifications on file with the City Clerk and that the bid of Strobel
Construction Unlimited, Inc. in the sum of $105,837.06 be and is hereby
accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of
Probable Construction Cost for the construction of the 30th Avenue Box Culvert
in the amount of $155,446.10 be and is hereby accepted.
BE IT FURTHER RESOLVED that the
President of the Council of the City of Kearney, Nebraska, be and is hereby
authorized and directed to execute contracts for such improvements in
accordance with the bid, plans, specifications, and general stipulations
pertaining thereto.
PASSED AND APPROVED THIS 24TH DAY OF FEBRUARY,
2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
NPPD TO SERVE BEL-AIR FIRST
ADDITION
Mayor Blankenship opened for discussion authorizing the City
of Kearney to join with NPPD as a co-applicant to the Nebraska Power Review
Board for an amendment to NPPD’s retail service area which includes the City to
include the newly annexed land of Bel-Air First Addition to the City of
Kearney, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue
to the east) and to consider Resolution No. 2004-33.
Council member Clouse vacated his chair and abstained from
voting on this matter for the reason he is general manager of NPPD.
Director of Public Works Rod Wiederspan presented this
matter to the Council. On July 11, 1989, the City Council passed Resolution No.
89-55 approving the Professional Retail Operations Agreement between NPPD and
the City of Kearney. The City of Kearney owns an electric distribution system
and NPPD leases and operates the City’s system. NPPD maintains the system and
constructs any additions necessary for service to the extent such additions are
within the established extension area.
At a previous Council meeting (January 13th) the Council
included Bel-Air First Addition within the corporate boundaries of the City. In
order for electrical service to be provided to the area, NPPD will need to
apply to the Nebraska Power Review Board for an order amending its existing
retail service area to include Bel-Air First Addition into the corporate
boundaries. The City of Kearney has an interest in the outcome of such
application by reason of its rights under the Professional Retail Operations
Agreement and will be a co-applicant with NPPD to the Nebraska Power Review
Board.
The City currently receives 12% electrical lease payment
from NPPD pursuant to the Professional Retail Operations Agreement. Electrical
services provided within the newly annexed land will be subject to the 12% electrical
lease payments.
Moved by Buschkoetter seconded by Blankenship to authorize the
City of Kearney to join with NPPD as a co-applicant to the Nebraska Power
Review Board for an amendment to NPPD’s retail service area which includes the
City to include the newly annexed land of Bel-Air First Addition to the City of
Kearney, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue
to the east) and Resolution No. 2004-33. Roll call resulted as follows: Aye:
Blankenship, Kearney, Buschkoetter, Hadley. Nay: None. Clouse abstaining.
Motion carried.
RESOLUTION NO. 2004-33
WHEREAS, on January 13, 2004, the Kearney City
Council passed and approved Resolution No. 2004-5 including “BEL-AIR FIRST
ADDITION” within the corporate boundaries of the City of Kearney said property
described as tract of land being of the Southeast Quarter of the Northeast
Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo
County, Nebraska, more particularly described as follows. Beginning at the
southeast corner of the Northeast Quarter of said Section 24 and assuming the
east line of said Northeast Quarter as bearing N00º08’04”E and all bearings
contained herein are relative thereto: thence N00º08’04”E on said east line a
distance of 210.0 feet; thence S89º52’46”W a distance of 200.0 feet; thence
N00º08’04”E a distance of 150.0 feet; thence S89º52’46”W a distance of 881.0
feet; thence S00º09’12”W a distance of 360.0 feet to the south line of said
Northeast Quarter; thence S89º52’46”E on said south line a distance of 1081.12
feet to the place of beginning, containing 8.24 acres, more or less, Buffalo
County, Nebraska AND a tract of land being part of the Southeast Quarter of the
Northeast Quarter of Section 24, Township 9 North Range 16 West of the 6th
P.M., Buffalo County, Nebraska more particularly described as follows:
Referring to the southeast corner of the Northeast Quarter of said Section 24
and assuming the east line of said Northeast Quarter as bearing N00º08’04”E and
all bearings contained herein are relative there to; thence N00º08’04”E on said
east line a distance of 210.0 feet to the ACTUAL PLACE OF BEGINNING; thence
continuing N00º08’04”E on the aforedescribed course a distance of 559.87 feet;
thence N89º54’14” a distance of 350.01 feet; thence S00º08’50” a distance of
240 feet; thence N89º54’38”W a distance of 731.1 feet; thence S00º91’12”W a
distance of 170.0 feet; thence N89º52’46”E a distance of 881.0 feet; thence
S00º08’04”W a distance of 150.0 feet; thence N89º52’46”E a distance of 200.0
feet to the place of beginning, containing 6.84 acres, more or less, Buffalo
County, Nebraska (north of 63rd Street between Avenue K and Avenue N); and
WHEREAS, the Nebraska Public Power District
(NPPD) will apply to the Nebraska Power Review Board for an order amending its
existing retail service area, which includes the City of Kearney, to include
the above described property into the corporate boundaries of the City of
Kearney, Nebraska; and
WHEREAS, the City of Kearney has an interest in
the outcome of such application by reason of its rights under the Professional
Retail Operations Agreement with NPPD approved on July 11, 1989, pursuant to
which NPPD operates and maintains the electric distribution system owned by the
City of Kearney; and
WHEREAS, it is determined by the City Council
that it would be desirable and in the best interests of the City of Kearney to
join with NPPD as a co-applicant to the Nebraska Power Review Board.
NOW, THEREFORE, BE IT RESOLVED by the President
and Council of the City of Kearney, Nebraska, that the City of Kearney,
Nebraska, be authorized to join with NPPD as a co-applicant to the Nebraska
Power Review Board for an amendment to NPPD’s retail service area which
includes the City to include the above described property into the corporate
boundaries of the City of Kearney, Nebraska in said retail service area.
BE IT FURTHER RESOLVED that the Mayor be and is
hereby authorized to execute on behalf of the City of Kearney a joint
application with NPPD to the Nebraska Power Review Board and to cooperate with
NPPD in the prosecution of its application.
BE IT FURTHER RESOLVED that such joint
application shall be prosecuted at the sole cost and expense of NPPD.
PASSED AND APPROVED THIS 24TH DAY OF FEBRUARY,
2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
REVISED FINAL PLAT FOR 3B
DEVELOPMENT ADDITION
Mayor Blankenship opened for discussion repealing Resolution
No. 2004-24 and approve the revised final plat of “3B DEVELOPMENT ADDITION” to
the City of Kearney, Buffalo County, Nebraska (south of 1st Inn Gold Motel and
west of Nebraska State Highway No. 44) and to consider Resolution No. 2004-34.
At the February 10, 2004 City Council meeting the applicant
presented and received approvals for a three-lot subdivision to correspond with
the preliminary plat. Since that council meeting the applicant has been
unsuccessful in receiving all the necessary signatures to file the final plat
due to ownership conflicts on lot one as shown on the preliminary plat. The
applicant is now requesting approval of a revised two-lot commercial
subdivision located south of 1st Inn Gold Motel and west of Nebraska State
Highway 44 along Platte Road, one of the roads leading to the Tri-City Arena.
This land is currently zoned C-3.
Planning Commission approved the Preliminary Plat consists
of a three-lot subdivision on January 16, 2004. The Revised Final Plat, a
two-lot subdivision consists of the south two lots approved by the Planning
Commission. The frontage road that runs parallel to Highway 44 is a permanent
roadway easement and not a City-owned street. The City will not move snow or
perform repairs on the frontage road. If the City were ever offered the street
it would need to be reconstructed to City standards. The property can be
served with municipal water and sanitary sewer. City staff has received a
stormwater management plan since the old Walker drainage channel traverses this
site and during periods of heavy rain, can carry significant runoff.
Mitch Humphrey presented this matter to the Council. He
stated that they want to repeal the resolution that was passed two weeks ago
and amend it with a new resolution. This would allow the project to go
forward.
Moved by Blankenship seconded by Kearney to approve repealing
Resolution No. 2004-24 and approve the revised final plat of “3B DEVELOPMENT
ADDITION” to the City of Kearney, Buffalo County, Nebraska (south of 1st Inn
Gold Motel and west of Nebraska State Highway No. 44) and approve Resolution
No. 2004-34. Roll call resulted as follows: Aye: Blankenship, Kearney,
Buschkoetter, Hadley, Clouse. Nay: None. Motion carried.
RESOLUTION
NO. 2004-34
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF
THE CITY OF KEARNEY, NEBRASKA, that the revised plat of “3B DEVELOPMENT
ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly
made out, acknowledged and certified, and the same hereby is approved and in
accordance with the provisions and requirements of Section 19-916 of the Nebraska
Revised Statutes, accepted and ordered filed and recorded in the Office of the
Register of Deeds of Buffalo County, Nebraska; said addition is hereby included
within the corporate limits of said City and shall be and become a part of said
City for all purposes whatsoever, and the inhabits of such addition shall be
entitled to all the rights and privileges and shall be subject to all laws,
ordinances, rules and regulations of said City.
BE IT FURTHER RESOLVED that the original plat
for 3B Development Addition approved by Resolution No. 2004-24 passed on the 10th
day of February, 2004 be and is hereby repealed in its entirety.
BE IT FURTHER RESOLVED that the President of the
Council be and is hereby authorized and directed to execute the revised final plat
on behalf of the City of Kearney, Nebraska.
PASSED AND APPROVED THIS 24TH DAY OF february, 2004.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
2002-2003 AUDIT REPORT
Mayor Blankenship opened for discussion the 2002-2003 Fiscal
Year City Audit Report prepared by the accounting firm of McDermott &
Miller.
The Annual Financial Report has been prepared within the
framework established for local government financial reporting by the
Governmental Accounting Standards Board (GASB). The Council was previously
given a copy of a publication entitled “An Elected Officials Guide to the New
Governmental Financial Reporting Model”.
Mary Kalb from McDermott and Miller presented this matter to
the Council. She stated before GASB 34 the general funds were reported on a
cash basis at the City. Finance Director Wendell Wessels had to reconstruct the
budget for fiscal year ending September 30, 2002 for those funds and put them
on the accrual basis and do the same for the fiscal year ending September 30,
2003.
Ms Kalb reported on the financial highlights of the
Management’s Discussion and Analysis. (1) Assets exceeded liabilities at the
close of 2003 by $100,493.971. Unrestricted net assets amounted to
$19,555,251. (2) Total net assets increased by $6,382,300 in comparison with
2002. The statement of governmental activities and business activities shows a
summarized report of Kearney’s net assets. These two categories are listed
separately and then combined because all the City of Kearney is now on an
accrual basis. She noted that the component unit of the Community
Redevelopment is listed on the Statement of Net Assets because even though that
are their own entity, the City Council does assign their board so in essence
they have some control.
On the report of Changes in Net Assets, there is no
information for 2002 because the prior year would not have the accrual basis
information that would need to go back two years to get that information. Next
year in the MDNA there will be comparative information for this report. The
increase of net assets was $6,300,000 of which 68% increase was in the
governmental activities and 32 percent was in the business type activities.
The governmental activities are comprised of general government, public safety
(police and fire), public works (streets), public health and social services,
culture and recreation, and community development. In the governmental fund,
the expenses normally exceed the revenue. The streets are somewhat of an
exception because they get the highway allocation, which is a large amount of
funds. Sources of governmental activities are as follows: 6% property tax,
25% sales tax, 21% operating grants and contributions (includes highway
allocation). In governmental activity, charges for services are 10% of the
100% and that is rather insignificant.
The business activity includes the proprietary funds, which
should always have revenue in excess of expenses. This was true for 2003
except for the airport, which generally does not have excess revenue and the
sanitation fund. In the business fund, charges for services are 88%. Council
Member Clouse asked if there is a concern about sanitation’s expenses for
2003. Finance Director stated that there has been a lot of money spent in the
last couple of years for the new recycling center so there will be some new
depreciation with some of those kinds of things. He did not believe that this
was a “red flag” for sanitation.
Ms. Kalb also reported on the major capital assets during
the fiscal year as follows: building addition to the Law Enforcement Center,
Centennial Pool Renovation Project, Cottonmill Trail Phase III Project,
completion of the Avenue M/N Overpass, and many other ongoing projects
throughout the City.
Council Member Kearney pointed out that Kearney’s debt
decreased by $4,183,296 or 9.3 percent from September 30, 2002 through
September 30, 2003. He also noted that there were no new bonds issued but only
reissued bonds at a lower interest rate. Ms. Kalb commented that this is
stated in the MDNA that no new bonds were issued. She believed that this was
very remarkable. There were three refinancing of bonds during the year; the
total savings over the refunding is in excess of $130,000 on two of them.
Ms. Kalb reported on the Statement of Activities. This
report includes expenses broken down by governmental and business type
activities. On the governmental, the charges for services are not significant
in comparison to the expenses. The charges for services for the business type
activities are greater than the expenses, which is the way it should be.
Operating grants and expense amounts were large due mostly to the highway
allocation funds for streets that flow into those accounts. There is some
governmental money that flows through there also (for example; federal money
received by the airport through grants for improvement). The net expense
revenue and change in net assets shows the deficit for governmental activities.
Expenses minus this revenue show a profit at this point in the business type
activities. This report shows property, sales, and occupation taxes and other
types of revenue. Ms. Kalb pointed out the large transfer amount of $2,864,358
was from Nebraska Public Power and is a significant number although the City
receives funds from them each year. The prior year’s sales tax was $5,288,000.
This year it is showing a smaller amount of sales tax than last year; however,
last year’s figure was based on cash we actually deposited. By changing it to
an accrual this year, it could have affected the amount to some degree. She
stated that the Finance Director went back to 2002 and constructed the accrual
to come up with the number on the report and calculated the ending accrual for
2003.
The balance sheet for the governmental funds has footnotes
that explain how the numbers were determined for this report. She pointed out
that pages 21-26 of the MDNA shows some of the funds compared to budget. The
Finance Director has several comments throughout the report explaining how the
budget was not amended this year. He also provided information in the report
about different funds that might have spent more then budgeted, but also had
more revenue than was budgeted. Ms. Kalb stated there are no significant
issues about this budget.
Ms. Kalb reported on the Statement of New Assets Proprietary
Funds. The proprietary funds are golf, sanitation, solid waste, sanitary
sewer, and airport. This report is more like we have had in the past except
for some different terminology. This report flows to the Liability Report,
which does balance.
The next report was on the Statement of Revenue, Expenses,
and Changes in Fund Net Assets for the Proprietary Fund. This report shows
sales per fund, miscellaneous income, and operating expenses. Ms. Kalb
commented that sanitation and airport were discussed earlier and the Finance
Director expressed that he did not think Sanitation was an issue at this time.
The reports on the Proprietary Funds were prepared on the direct method, which are
receipts from customers and users, payments to suppliers and employees, other
cash flow financing and capital/investing to cash and cash equivalents.
Ms. Kalb provided an explanation of the Reconciliation of
Government-Wide and Fund Finance Statements. The breakdown on those bonds is
as follows: bonds payable $19,005,000 (less deferred charge on refunding
$160,808 and deferred charge for issuance costs $112,001), accrued interest
payable $176,856, capital leases payable $64,449 and compensated balance
$419,069 which net change to reduce fund balance on total governmental funds to
arrive at net assets- governmental activities of $19,392,565.
Last year the Federal Financial Awards for the City were
$7,300,000. This year the City received $2,799,246, which was significantly
less. $1,600,000 of that was received this year for the finishing of the Avenue
M/N Overpass. There was $3,700,000 less in loans for the water upgrade. These
two things were the bulk of the differences that the City had this year. There
were still some water loans this year, but the bulk occurred in the year before
this.
City Manager Allen Johnson asked for a comparison of where
other cities in the state are at this point on the transition to the GASB 34
because this is a very significant change in reporting.
Ms. Kalb stated that GASB 34 would have applied to Lincoln
and Omaha last year. This was the first year for the first class cities to
comply. She stated that this is a very new and complicated process. GASB 34 will
apply to the smaller communities next year. Kearney is one of the forerunners
of this format. There are not many others out there. She believed that because
this is a new report, it would need to be changed as it evolves. The intent is
to simplify it enough so that most people can be comfortable with what it says.
She believed that Kearney ended up with a wonderful report.
Finance Director Wendell Wessels stated that this report is
available on the City’s website.
Moved by Kearney seconded by Clouse to approve the 2002-2003
Fiscal Year City Audit Report prepared by the accounting firm of McDermott
& Miller. Roll call resulted as follows: Aye: Blankenship, Buschkoetter,
Hadley, Clouse, Kearney. Nay: None. Motion carried.
OPEN ACCOUNT CLAIMS -- NPPD
-- $52,347.02
Moved by Hadley seconded by Buschkoetter that Open Account
Claims in the amount of $52,347.02 payable to NPPD be allowed. Roll call
resulted as follows: Aye: Blankenship, Hadley, Kearney, Buschkoetter. Nay:
None. Clouse abstained. Motion carried.
VII. REPORTS
None.
VIII. ADJOURN
Moved by Buschkoetter seconded by Blankenship that Council
adjourn at 9:10 p.m. Roll call resulted as follows: Aye: Blankenship, Clouse,
Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.
BRUCE
L. BLANKENSHIP
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK