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Kearney, Nebraska

August 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 August 24, 2004 in the Council Chambers at City Hall.  This meeting adjourned at 7:39 p.m.  A meeting of the City Council of Kearney, Nebraska was then convened in open and public session at 7:40 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: Dan Spellman, Leigh Ann Spellman, Chan Lynch, Dave Jead, Joe Baye, Davin Jones, Mike Cahill from KKPR 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

 

Father Charles Torpey from St. James Catholic Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scout Matt Wroblewski led the Council members and audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

CONDITIONAL USE PERMIT – GRYPHON WIRELESS; 3720 AVENUE A, SUITE B

 

Mayor Blankenship opened the public hearing on the application for a Conditional Use Permit submitted by Gryphon Wireless, LLC (Applicant) and Sea Dog Trading Co., LLC (Owner) for a Conditional Use Permit to locate a wireless telecommunications tower on property zoned “District C-1, Limited Commercial District” and described as Lot 3, Northridge Addition to the City of Kearney, Buffalo County, Nebraska (3720 Avenue A, Suite B). Administration recommends approval subject to the City receiving the executed Acknowledgment from the Applicant and Owner.

 

The applicant is representing Gryphon Wireless and requesting approval of a Conditional Use Permit (CUP) to locate one telecommunications antenna on a 40-foot tall light pole in the parking lot at 3720 Avenue A, Northridge Business Park.  This light pole will provide sufficient height for line of sight contact with Gryphon equipment located on top of the B-4 Grain Elevator, providing a communications link between the elevator and the office on Avenue A.

 

The property is currently zoned C-1, Limited Commercial. The Unified Land Development Ordinance (UDO) requires a CUP for telecommunications towers but provides incentives for co-location on existing towers. The telecommunications equipment in this case is a two-foot by two-foot dish that does not require a great deal of height.  Therefore, there is no need for a “tower” in the traditional sense of the word meaning 100 to 300-foot tall structure with guy wires and blinking lights, etc.  The height of the light pole will suffice at 40-feet.  Co-location requests may be expedited by the Public Works Director as outlined in Chapter 46, paragraph 46-110, “Co-Location.”  Although this project is not technically a “co-location” the reduced height of the pole and the small size of the dish create minimal impact to the surrounding area.  Therefore, this application has been expedited as allowed by the provisions of the UDO and will not be heard by the Planning Commission.  There shall be no time limitations on this CUP.

 

Dan Spellman, 1207 13th Avenue, presented this matter to the Council. The anticipated project is to put up a 40-foot light pole.  A small patch antenna for wireless communication back to their main tower will be located on the pole.  They will pay for the expense of putting up the light pole and, as a tenant in Northridge, they will pay for the electricity and associated fees.  If they should vacate Northridge, the light pole will be brought back to the condominium association that will then pay for the electricity.  The owners are Norrie Olson, Beth Loeske and Bill Lange, who have signed off accepting the project.  He pointed out that there are no light poles on the south half of the Northridge parking lot at this time, so a light is needed there for security purposes.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the application for a Conditional Use Permit submitted by Gryphon Wireless, LLC (Applicant) and Sea Dog Trading Co., LLC (Owner) for a Conditional Use Permit to locate a wireless telecommunications tower on property zoned “District C-1, Limited Commercial District” and described as Lot 3, Northridge Addition to the City of Kearney, Buffalo County, Nebraska (3720 Avenue A, Suite B).  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

CONDITIONAL USE PERMIT – WESTERN WIRELESS; 2811 WEST 39TH STREET

 

Mayor Blankenship opened the public hearing on the application for a Conditional Use Permit submitted by Paul Wozniak for Western Wireless (Applicant) and Midtown Communications (Owner) for a Conditional Use Permit for the co-location of two antennas on an existing tower owned by Midtown Communications, Inc. on property zoned “District AG, Agricultural District” and described as a tract of land being a part of the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 7.65 acres, more or less, Buffalo County, Nebraska (2811 West 39th Street). Administration recommends approval subject to the City receiving the executed Acknowledgment from the Applicant and Owner.

 

The applicant is representing Western Wireless Corporation and requesting approval of a Conditional Use Permit (CUP) to locate two antennas on an existing 300-foot tall guyed telecommunications tower at 2811 West 39th Street.  This tower is owned by Mid-Town Communications.

 

The property is currently zoned Agricultural. The Unified Land Development Ordinance (UDO) requires a CUP for telecommunications towers but provides incentives for co-location on existing towers. Co-location requests may be expedited by the Public Works Director as outlined in Chapter 46, paragraph 46-110, “Co-Location.”  This application has been expedited and will not be heard by the Planning Commission. 

 

The request is to locate two antennas on the existing tower.  A four-foot diameter antenna is proposed at the 160-foot level on the tower and a six-foot diameter antenna at the 190-foot level. The new antennas are required to meet increased usage of the telecommunications system in its current coverage area.  There are 18 other antennas currently on the tower that are owned by Western Wireless.  There is no record of prior City approval for these antennas as they were mounted prior to the telecommunications ordinance that is now in effect.  Western Wireless is seeking approval of all twenty antennas with this request.  A structural engineering report is included as an attachment certifying the structural strength of the tower, foundation and anchors to support the load.  All other required documentation is included.  There shall be no time limitations on this CUP.

 

Chandler Lynch, 3004 4th Avenue, presented this matter to the Council. He is the owner of the tower at this location. Western Wireless is the local Cell-One provider and is the primary tenant on that tower (22 cables and antennas on this tower).  The request is to add two more to their package that already exists.  They had a study done to ensure that the tower will hold these two additions.  A study is required anytime that a tenant wants to make an addition to a tower.  The engineer often will make a recommendation to beef up the tower with cross pieces and make it stronger to handle what they want to do. 

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Kearney to close the hearing and approve the application for a Conditional Use Permit submitted by Paul Wozniak for Western Wireless (Applicant) and Midtown Communications (Owner) for a Conditional Use Permit for the co-location of two antennas on an existing tower owned by Midtown Communications, Inc. on property zoned “District AG, Agricultural District” and described as a tract of land being a part of the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 7.65 acres, more or less, Buffalo County, Nebraska (2811 West 39th Street).  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

REVISE BUDGET FOR 2003-2004 FISCAL YEAR

 

Mayor Blankenship opened the public hearing on revising the City of Kearney Budget for the 2003-2004 Fiscal Year.

 

Director of Finance and Administration Wendell Wessels presented this matter to the Council. By Law, the City may not expend more than the total budget of expenditures unless the provisions of Section 13-511 of the Nebraska Revised Statutes are met.  Due to unforeseen circumstances, actual expenditures for the current fiscal year will exceed budgeted expenditures in ten funds unless the current fiscal year budget is supplemented.  Under these circumstances, state law requires that a public hearing be conducted to supplement the previously adopted budget and an ordinance be passed authorizing the expenditure of the additional requirements.

 

An explanation of the budget adjustments for the ten funds are as follows:

 

Police Reserve:  The budgeted expenditures in the Police Reserve Fund need to be increased from $51,995.75 to $166,727.77, or by $114,732.02.  The increase is required because the amount budgeted to pay construction costs relative to the LEC Expansion Project was not adequate.  At the time the 2003-2004 budget was prepared last year, it was anticipated that most of the costs related to this project were going to be paid prior to October 1, 2003.  However, the costs that were anticipated to be paid prior to October 1, 2003 did not get paid and, therefore, are expected to be paid during the 2003-2004 fiscal year.  Therefore, this budget needs to be revised to provide the authority to expend the funds to pay the expenses related to the LEC Expansion Project. 

 

Fire Reserve:  The budgeted expenditures in the Fire Reserve Fund need to be increased from $150,900.00 to $382,375.00, or by $231,475.00.  The increase is required because during the current fiscal year, the Fire Department requested approval from the Council to purchase a used ladder truck and related equipment.  As you will recall, a bond issue was approved by the Council on February 24, 2004 to fund these items.  Therefore, this budget needs to be revised to provide the authority to expend the funds to pay the expenses related to the purchase of the used ladder truck and related equipment.

 

Park & Recreation Development:  The budgeted expenditures in the Park & Recreation Development Fund need to be increased from $794,086.33 to $1,456,288.41, or by $662,202.08.  The increase is required because the amount budgeted to pay construction costs relative to the Trail Phase III Project was not adequate.  At the time the 2003-2004 budget was prepared last year, it was anticipated that most of the costs related to this project were going to be paid prior to October 1, 2003.  However, the costs that were anticipated to be paid prior to October 1, 2003 did not get paid and, therefore, are expected to be paid during the 2003-2004 fiscal year.  Therefore, this budget needs to be revised to provide the authority to expend the funds to pay the expenses related to the Trail Phase III Project.

 

Street Improvement:  The budgeted expenditures in the Street Improvement Fund need to be increased from $7,688,975.00 to $10,397,975.00, or by $2,709,000.00.  The increase is required because the amount budgeted to pay construction costs relative to various street improvement projects were not adequate.  At the time the 2003-2004 budget was prepared last year, it was anticipated that most of the costs related to this project were going to be paid prior to October 1, 2003.  However, the costs that were anticipated to be paid prior to October 1, 2003 did not get paid and, therefore, are expected to be paid during the 2003-2004 fiscal year.  Therefore, this budget needs to be revised to provide the authority to expend the funds to pay the expenses related to the various street improvement projects.

 

Sanitation:  The budgeted expenditures in the Sanitation Fund need to be increased from $2,963,350.00 to $3,388,130.00, or by $424,780.00. The increase is required because the amount budgeted to pay construction costs relative to the Recycling Center Project was not adequate.  At the time the 2003-2004 budget was prepared last year, it was anticipated that most of the costs related to this project were going to be paid prior to October 1, 2003.  However, the costs that were anticipated to be paid prior to October 1, 2003 did not get paid and, therefore, are expected to be paid during the 2003-2004 fiscal year.  Therefore, this budget needs to be revised to provide the authority to expend the funds to pay the expenses related to the Recycling Center Project.

 

Sewer Revenue Bond:  The budgeted expenditures in the Sewer Revenue Bond Fund need to be increased from $1,446,664.00 to $5,599,523.00, or by $4,152,859.00.  The increase is required because on November 25, 2003 the City issued Series 2004 Combined Utilities Revenue Refunding Bonds for the purpose of refunding the Series 1996 Combined Utilities Revenue Bonds at a lower interest rate.  Additionally, on April 13, 2004 the City issued Series 2004B Combined Utilities Revenue Refunding Bonds for the purpose of refunding the Series 1995 Combined Utilities Revenue Bonds at a lower interest rate.  The proceeds of the Series 2004 and Series 2004B bond issues were used to redeem the Series 1996 and Series 1995 bonds, therefore, this budget needs to be revised to provide the authority to expend the funds to redeem the Series 1996 and 1995 bonds.

 

Sewer Bond Reserve:  The budgeted expenditures in the Sewer Bond Reserve Fund need to be increased from $0.00 to $225,801.91, or by $225,801.91.  During the 2003-2004 fiscal year, the requirement to maintain a bond reserve on the outstanding SRF Bonds was eliminated.  Therefore, the funds that were included in the Sewer Bond Reserve Fund for SRF Bonds were transferred to the Sewer Retained Revenues Fund.  This budget needs to be revised to provide the authority to transfer the funds to the Sewer Retained Revenues Fund.

 

Water Bond Reserve:  The budgeted expenditures in the Water Bond Reserve Fund need to be increased from $0.00 to $260,578.94, or by $260,578.94.  During the 2003-2004 fiscal year, the requirement to maintain a bond reserve on the outstanding SRF Bonds was eliminated.  Therefore, the funds that were included in the Water Bond Reserve Fund for SRF Bonds were transferred to the Water Retained Revenues Fund.  This budget needs to be revised to provide the authority to transfer the funds to the Water Retained Revenues Fund.

 

Health Insurance:  The budgeted expenditures in the Health Insurance Fund need to be increased from $1,700,000.00 to $1,919,000.00, or by $219,000.00.  The increase is required because of the increased cost of providing health and dental insurance during the 2003-2004 fiscal year.  As you may recall, the City is self-funded for the purpose of providing health and dental benefits to employees of the City.  During the current fiscal year the City experienced a significant increase in health claims paid, therefore, this budget needs to be revised to provide the authority to expend the funds to pay the expenses related to providing health and dental benefits to City employees.  The increased costs were funded by increases in premiums paid by the City and employees.  The City’s share of the premium increase was absorbed by the budgets of the various departments of the City.

 

Sales Tax:  The budgeted expenditures in the Sales Tax Fund need to be increased from $370,000.00 to $400,000.00, or by $30,000.00.  The City is required to collect sales tax on various services provided by the City for the State of Nebraska.  During the current fiscal year, sales tax collections were higher than the amount expected, therefore, this budget needs to be revised to provide the authority to remit the sales tax collections to the State of Nebraska.

 

Pursuant to the Nebraska Budget Act (State Statute 13-511), the City of Kearney is required to conduct a public hearing to supplement the previously adopted budget and pass an ordinance authorizing the expenditure of the additional requirements.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve revising the City of Kearney Budget for the 2003-2004 Fiscal Year.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

PROPOSED ACQUISITION OF SANITARY SEWER EASEMENT

 

Mayor Blankenship opened the public hearing on the proposed acquisition for a Permanent Sanitary Sewer Easement of a tract of land described as vacated Avenue O as it abuts Lots 1 through 7 inclusive of Block 18, Lots 1 through 14 inclusive of Block 19, Lots 9 through 15 inclusive of Block 22, and Lots 1 through 7 inclusive of Block 23, Whiteaker’s Grove Addition to the City of Kearney, Buffalo County, Nebraska and to consider approval of Resolution No. 2004-148.

 

Director of Utilities presented this matter to the Council. In this year’s budget the City of Kearney included funds to construct several sewer connection districts in Southeast Kearney.  The districts were created primarily in the area east of Avenue M between 18th Street and 22nd Street and would be served with the majority of these districts.

 

At the July 13, 2004 Council meeting the Council created a Sewer Connection District that will be constructed in vacated Avenue O between the abandoned Burlington Northern Railroad Right of way and 20th Street.  At the August 10, 2004 Council meeting the Council held a public hearing to acquire an easement for sanitary sewer in 18th Street if it were extended east of Avenue M to Avenue O, then north in Avenue O if it were extended south of its present location, south of the vacated railroad right-of-way to 18th Street.

 

This is the last easement that needs to be acquired for the project.  The bids for the 2004 Part VII Improvements are to be received on September 7, 2004. The owner of the tract where the easement is necessary was contacted and has agreed to grant the easement.

 

Before the City can accept the easement the Council must conduct a public hearing on the matter in order to comply with State Statute.  Nebraska Revised Statute §18-1775 requires that a City of the first class acquiring an interest in real property shall do so only after the governing body has authorized the acquisition by action taken in a public meeting after notice and a public hearing.

 

An easement is necessary in order to construct the sanitary sewer main in vacated Avenue O between the vacated Burlington Northern Railroad right-of-way and 20th Street. The owner has granted the easement for a consideration of $1,500.00.  That amount is compensation for the loss of grazing and for damages to driveways during the construction of the sewer main.

 

The Utilities Department has budgeted funds for the cost of easement acquisition along with the cost to construct the sewer mains.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Hadley to close the hearing and approve the proposed acquisition for a Permanent Sanitary Sewer Easement of a tract of land described as vacated Avenue O as it abuts Lots 1 through 7 inclusive of Block 18, Lots 1 through 14 inclusive of Block 19, Lots 9 through 15 inclusive of Block 22, and Lots 1 through 7 inclusive of Block 23, Whiteaker’s Grove Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2004-148.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-148

 

            WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in real property by purchase or eminent domain to do so only after the City Council has authorized the acquisition by action taken in a public meeting after notice and public hearing; and

            WHEREAS, the City Council has held a public hearing upon the proposed acquisition for sanitary sewer purposes and voted in favor to proceed with the acquisitions; and

            WHEREAS, Ardis E. Gibson, Trustee, has granted to the City of Kearney, Nebraska, a Permanent Sanitary Sewer Easement as follows:

Permanent Easement

Vacated Avenue O as it abuts Lots 1 through 7 inclusive of Block 18, Lots 1 through 14 inclusive of Block 19, Lots 9 through 15 inclusive of Block 22, and Lots 1 through 7 inclusive of Block 23, Whiteaker’s Grove Addition to the City of Kearney, Buffalo County, Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Permanent Easement granted by Ardis E. Gibson to the City of Kearney be and is hereby approved and accepted.

            PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Mayor Blankenship stated that Subsection 13 of the Consent Agenda has been withdrawn by Administration. The developer has paid all fees and there will be no assessments.

 

Moved by Hadley seconded by Buschkoetter that Subsections 1 through 12 and 14 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

1.         Approve Minutes of Special Meeting held August 10, 2004 and the Minutes of the Regular Meeting held August 10, 2004.

 

2.         Approve the following Claims: 3M $5,479.50 Su; Air Midway $34.29 Tr; Alamar Uniforms $53.49 Incentives; All Makes Auto $51.77 Various; Alltel $609.04 Serv; Amer Fence $653.92 Rep; Amer Library Assoc $261.46 Various; APWA $686.00 Dues; Arsenal $3,076.54 Su; AT&T $67.27 Serv; Baker & Taylor $1,530.18 Bks; BBC Audiobooks $639.35 Bks; Becker, G $29.50 Su; Big Flag $48.00 Inv; Blue CrossBlue Shield $56,276.38 Claims; Books on Tape $204.80 Bks; Bosselman $3,431.63 Inv; Broadfoot Sand $1,359.10 Serv; Buffalo C Mutual Aid Assoc $50.00 Dues; Buffalo Co Court $900.54 Ded; Butler Voigt & Stewart $204.00 Su; Carpenter, R $18.00 Ref; Cash-Wa $3,819.05 Inv; Centaur Ent $149.99 Equip; Central Fire $64.55 Various; Chesterman $3,295.00 Inv; Chief Supply $269.41 Equip; City of Ky $64,700.07 Various; Clark Enersen Partners $1,548.73 Serv; College Savings Plan of NE $65.00 Ded; Concrete Workers $30,025.31 Serv; Culligan $192.55 Serv; Central Valley Irrigation $113.36 Rep; D&D Plbg $250.00 Rep; Davidson Jewelry $1,394.20 Incentives; Dawson Co PPD $23,665.15 Serv; Depository Trust $116,560.00 Prin,Int; Dept of Aeronautics $370.00 Loan; Dept of Airports $2,700.00 Tr; Deterding's Alternative $323.17 Su; Development Council $6,500.00 Various; Dorr, W $15.00 Ref; Dowling, J $20.20 Serv; Dutton-Lainson $275.00 Various; Eakes $44.98 Su; Elliott Equipment $442.01 Various; Enterprise Electric $62.21 Lease; Fairbanks $2,269.57 Rep; Farm Plan $110.22 Rep; Fedex $160.52 Pstg; Fiddelke Htg $136.59 Rep; Fireguard $3,790.00 Su; Freburg, N $184.62 Ded; Fremont Nat'l Bank $34,265.12 Ded; Frontier $86.34 Serv; Galls $53.97 Cla; Gangwish $4.27 Rep; Garrett Tires $6,514.79 Various; Gary's I-80 $30.00 Su; Great Plains One-Call $386.28 Serv; Grupe, B $89.01 Tr; H&G Cleaners $264.67 Serv; H&H Distributors $1,142.50 Su; Heiman Fire Equipment $369.65 Rep; Holmes Plbg $4.08 Rep; Hometown Leasing $62.00 Serv; ICMA RC $2,985.97 Ded; IRS $84,904.86 Ded; Itronix $10,494.35 Serv; J&M Railroad Services $320.00 Su; Jack Lederman Co $58.00 Rep; Johnson Service $18,105.00 Rep; Johnson, A $24.37 Reim; Ky Clinic $35.00 Serv; Ky Concrete $10,223.38 Various; Ky Crete $794.83 Serv; Ky Hub $5,929.48 Serv; Ky Winlectric $609.21 Lease; Kirkham Michael $11,656.06 Serv; Kolbo, J $12.00 Reim; Laughlin, K $360.00 Ded; Linweld $22.93 Various; Location Tech $4,350.00 Serv; Lowe, S $453.75 Serv; Mac Tools $11.49 Su; Magic Cleaning $600.00 Serv; Martinosky, M $208.88 Tr; MDI $645.14 Serv; Mid America Pay Phones $100.00 Serv; Mid America Pump $5,444.20 Rep; Mid NE Lubricants $3,128.00 Inv; Midlands Contracting $13,598.60 Serv; Midwest Lab $200.00 Serv; Miller Signs $99.00 Various; Moore Business Forms $472.81 Su; Morris Press $1,186.00 Su; Nat'l Paper Supply $37.75 Su; Nat'l Safety Clean $530.95 Su; Nat'l Waterworks $12,617.44 Inv; NE Child Support $892.18 Ded; NE DOL-Boiler Inspection Program $150.00 Serv; NE Health & Human Svcs. $1,100.00 Serv; NE Liquor Control Comm. $45.00 License; NE Volunteer Firefighter's Trust $2,284.16 Prem; NEland Dist. $694.25 Su; Nemaha Nursery $8,657.11 Serv; NeSTMA $20.00 Tr; Newman Traffic Signs $196.53 Signs; Nichols Farrier $75.00 Nature Barn; Norm's Plbg $314.82 Rep; Northwestern Energy $773.58 Serv; Novus $31.50 Su; NSA/POAN $373.00 Tr; Officenet $382.46 Su; Olsson Associates $8,437.15 Serv; OUR Designs $3.50 Pstg; Overhead Door $94.02 Rep; Paramount $334.09 Various; PEP $48.67 Rep; Pickel Construction $480.00 Serv; Pierson Fitchett $554.00 Serv; Pitney Bowes $2,039.00 Serv; Power Plan $472.50 Rep; Presco Sales $306.59 Rep; Prescott, J $145.91 Tr; Presto-X $283.00 Serv; PVCK $82.50 Rep; Quality Appraisal $500.00 Serv; Quality Books $23.71 Bks; Ready Mixed Concrete $7,420.26 Serv; Recorded Books $704.90 Bks; Reinke's Htg $55.00 Rep; Rembolt Ludtke $116.96 Serv; Riverside $3,264.10 Serv; Schulz, D $36.25 Reim; S-F Analytical Lab $70.00 Serv; Shamrock Turf Farm $1,360.00 Various; Shepherd, S $15.00 Reim; Shirt Shack $1,413.00 Various; Sirchie Finger Print Lab $143.55 Serv; Sutphen $1,112.00 Rep; T&B Cleaning $1,500.00 Serv; Technical Maint $12,659.40 Rep; Thomas and Means $290.00 Tr; Thompson, L $60.00 Rep; Thomsen, S $15.00 Reim; Tielke Ent $243.50 Su; Titleist $9,090.99 Inv; Underground Construction $13,881.00 Serv; US Postmaster $700.00 Pstg; Visionary Systems $1,885.00 Serv; Walsh, C $39.00 Tr; Walters Electric $80.00 Rep; Washington State Support $102.01 Ded; Weiss Ratings $195.95 Bks; West Group $361.00 Su; Wiederspan, R $138.75 Tr; Williams, C $489.50 Serv; Wolfe, B $183.89 Tr; Wolfe, J $15.00 Reim; Woods & Aitken $2,002.32 Serv; Zimmerman Printers $389.00 Su.  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 September 14, 2004 at 7:30 P.M. as date and time for hearing on those applications where applicable.

 

4.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the Revolving Hangar Program Agreement for Hangar Project H-04 and approve Resolution No. 2004-149.

 

RESOLUTION NO. 2004-149

 

RESOLUTION ADOPTING AND APPROVING THE EXECUTION OF A REVOLVING HANGAR PROGRAM AGREEMENT AND FINANCING STATEMENT FOR HANGAR PROJECT NO. H-04 WITH THE DEPARTMENT OF AERONAUTICS OF THE STATE OF NEBRASKA TO OBTAIN STATE FUNDS UNDER THE PROGRAM FOR THE PURCHASE OF A HANGAR ON THE KEARNEY MUNICIPAL AIRPORT.

 

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

1.                   The City shall enter into a Revolving Hangar Program Agreement and Financing Statement with the Nebraska Department of Aeronautics for Project No. H-04 for the purpose of obtaining State funds for the purchase of a hangar on the Municipal Airport and that such agreement shall be as set forth hereinbelow.

2.                   The Mayor of the City of Kearney, Nebraska is hereby authorized and directed to execute said Revolving Hangar Program Agreement and Financing Statement on behalf of the City Council, and the City Clerk is hereby authorized and directed to attest said execution.

3.                   The said agreement and financing statement referred to herein above is inserted in full and attached herewith, and made a part hereof as Exhibit “O”.

            PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

5.         Approve the request submitted by the Kearney High Student Advisory Board to conduct a Fall Victory Parade on September 24, 2004 beginning at 3:00 p.m. The parade will begin at North Railroad Street and Central Avenue, north on Central Avenue and ending at the parking lot located north of the Museum of Nebraska Art where a pep rally will be held.

 

6.         Accept the dedication by the Berean Fundamental Church of Kearney, Nebraska, Inc., aka “Cornerstone Berean Church” of a portion of a tract of land being part of the North Half of the Northeast Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (30th Avenue and 11th Street) for public right-of-way purposes and approve Resolution No. 2004-150.

 

RESOLUTION NO. 2004-150

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Council accept the Dedication of a tract of land being part of the North Half of the Northeast Quarter of Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, a copy of the Dedication, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to file the Dedication with the Buffalo County Register of Deeds.

            PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

7.         Approve Application and Certificate for Payment No. 4 in the amount of $137,674.16 submitted by Blessing, LLC and approved by Miller & Associates for the 2004 Part I Improvements, Phase II consisting of Paving Improvement District No. 2004-885 for 30th Avenue from Highway 30 north to 31st Street and approve Resolution No. 2004-151.

 

RESOLUTION NO. 2004-151

 

WHEREAS, Blessing, LLC has performed services in connection with the 2004 Part I Improvements Phase II consisting of Paving Improvement District No. 2004-885 for 30th Avenue from Highway 30 north to 31st Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 4 in the amount of $137,674.16 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,099,325.50

 

 

Contract Sum To Date

1,099,325.50

Gross Amount Due

239,448.04

Retainage

23,944.81

Amount Due to Date

215,503.23

Less Previous Certificates for Payment

    77,829.07

 

 

Current Payment Due

$137,674.16

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 4 as shown on Exhibit “A”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

8.         Approve the recommendation from the Mayor on the reappointment of Steve Buttress, Steve Davis and Lynn Johnson to serve on the Library Advisory Board and the reappointment of Marilyn Lammers, Janet Rowling, and Heather Swanson-Murray to serve on the Board of Adjustment.

 

9.         Approve the applications for two Special Designated Licenses submitted by EXPRESSIONS CATERING, dba “Paradise Cove” in connection with their Class CK58433 liquor license to dispense beer, wine and distilled spirits in the Extension Building, 1400 East 34th Street, and in the Ag Pavilion, 3807 Avenue N, at the Buffalo County Fairgrounds on September 18, 2004 from 4:00 p.m. to 1:00 a.m.

 

10.        Approve the applications for three Special Designated Licenses submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class DK61563 liquor license to dispense beer, wine and distilled spirits in the Great Platte River Road Archway Monument, 3060 East 1st Street, on September 20, 2004 from 5:00 p.m. to 11:00 p.m., September 21, 2004 from 5:00 p.m. to 10:00 p.m., and on September 22, 2004 from 5:00 p.m. to 9:00 p.m. subject to the City receiving the required Certificate of Insurance.

 

11.        Approve the application for a Special Designated License submitted by BICO’S, INC., dba “Bico’s Café” in connection with their Class I54330 liquor license to dispense beer and wine in Mitzi’s Pavilion and the adjoining fenced area on September 25, 2004 from 4:00 p.m. until 10:00 p.m. subject to the City receiving the required Certificate of Insurance.

 

12.        Approve Change Order No. 1 showing an increase in the amount of $11,413.37 and accept the Certificate of Substantial Completion submitted by Concrete Workers, Inc. and approved by Miller & Associates for the 2004 Cemetery Paving Improvements and approve Resolution No. 1004-152.

 

RESOLUTION NO. 2004-152

 

            WHEREAS, Concrete Workers, Inc. has performed services in connection with the 2004 Cemetery Paving Improvement Project, Phase II, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $11,413.37, as shown on Exhibit “A” attached hereto and made a part hereof by reference and shown as follows:

 

Original Contract Sum

$111,643.18

            Change Order No. 1 (8-24-2004)

+ 11,413.37

 

 

Contract Sum To Date

$123,056.55

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of July 30, 2004, as shown by Exhibit “B” attached hereto and made a part hereof by reference.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as shown on Exhibit “A”, and the Certificate of Substantial Completion as shown on Exhibit “B”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

13.        WITHDRAWN BY ADMINISTRATION.  Approve setting September 14, 2004 at 7:30 p.m. as time and date for the Board of Equalization to assess costs for the 2003 Part III Improvements consisting of Paving Improvement District No. 2003-874 for 52nd Street from Avenue E to 175 feet west of Avenue B Place, Paving Improvement District No. 2003-875 for Avenue C Place from 52nd Street to its terminus in a cul-de-sac, Paving Improvement District No. 2003-876 for Avenue B Place from 52nd Street to its terminus in a cul-de-sac, Water District No. 2003-526 for 52nd Street from Avenue E west southwest a distance of 1085± feet and includes Avenue B Place and Avenue C Place, Sewer District No. 2003-467 for Avenue B Place from 52nd Street to its terminus in a cul-de-sac, and Sewer District No. 2003-468 for Avenue C Place from 52nd Street to its terminus in a cul-de-sac.

 

14.        Repeal Resolution No. 2004-96 and to include “MARIANNE HUNT 2ND ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Northwest Quarter of the Northeast Quarter and part of the East Half of the Northeast Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 25.58 acres, more or less, Buffalo County, Nebraska (between Avenue D and Avenue H and south of 10th Street to 8th Street) and approve Resolution No. 2004-153.

 

RESOLUTION NO. 2004-153

 

            WHEREAS, an Application has been submitted by Ron Ridgway (Applicant) for James Hunt (Owner) for the inclusion of “MARIANNE HUNT 2ND ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Northwest Quarter of the Northeast Quarter and part of the Northeast Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the Sixth Principal Meridian, Buffalo County, Nebraska, more particularly described as being all of Block 2 and all of Block 3 of vacated Sibley's Addition; all of Block 4 and all of Block 5 of vacated South Park Addition; Tax Lot 1 and Tax Lot 2; all of vacated Avenue "E" lying south of 10th Street; all of vacated Avenue "F" lying south of 10th Street; all of vacated Avenue "G" lying south of 10th Street; all of the East 17 feet of vacated Avenue "D" lying south of 10th Street and the south 7 feet of vacated 10th Street, abutting Block 2 of said vacated Sibley's Addition and the South Half of 10th Street, lying east of Avenue "F" and West of Avenue "H", abutting said Lots 1 and 38, Block 4 on the north and Lots 1 and 38, Block 5 on the north of vacated South Park Addition, more particularly described as follows: Beginning at a point 17.0 feet westerly of the Northwest corner of Block 3 of vacated Sibley's Addition and assuming the North line of Block 3 of said vacated Sibley's Addition as bearing S89°29'38"E and all bearings contained herein are relative thereto; thence S 89°29'38"E on said North line a distance of 397.9 feet; thence N00°24'24"E a distance of 7.0 feet; thence S89°29'38"E a distance of 300.82 feet; thence S00°05'22"E a distance of 21.50 feet; thence S89°39'29"E a distance of 727.25 feet, to the West line of Avenue "H" an avenue in the City of Kearney, Buffalo County, Nebraska; thence S00°27'54"W on the West line of said Avenue "H" a distance of 788.01 feet; thence S 89°57'11" W a distance of 659.95 feet; thence  N89°57'09"W a distance of 650.92 feet; thence N00°43'11"W a distance of 52.0 feet; thence N89°47'39"W a distance of 99.3 feet; thence N00°14'29"E a distance of 73.00 feet to the North line of 8th Street; thence N89°47'39"W on the North line of said 8th Street a distance of 17.0 feet; thence N00°24'24"E, being 17.0 feet westerly of the West line of Block 3 of said vacated Sibley's Addition (if extended southerly) a distance of 688.21 feet to the place of beginning, containing 25.58 acres, more or less, Buffalo County, Nebraska (between Avenue D and Avenue H and south of 10th Street to 8th Street); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on May 21, 2004 on the inclusion of “MARIANNE HUNT 2ND ADDITION” within the corporate limits and recommended the Kearney City Council approve said application; and

            WHEREAS, said application to include the land within the corporate limits was duly signed by the owners of the land affected with the express intent of platting the land as “MARIANNE HUNT 2ND ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska;

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on June 8, 2004 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City; and

            WHEREAS, Resolution No. 2004-96 was passed and approved on June 8, 2004; however, an error in the legal description was determined and said legal description needs to be corrected.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the land to be platted as “MARIANNE HUNT 2ND ADDITION” shall be included within the corporate limits of the City of Kearney, Buffalo County, Nebraska, that the inhabitants of such addition shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules and regulations of the City of Kearney.

            BE IT FURTHER RESOLVED that Resolution No. 2004-96 passed and approved on the 8th day of June, 2004 be and is hereby repealed in its entirety.

            BE IT FURTHER RESOLVED that the inclusion of “MARIANNE HUNT 2ND ADDITION” within the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County Register of Deeds.

            PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7107 – REPEAL ORDINANCE NO. 7065 AND VACATE SOUTH HALF OF 10TH STREET

 

This subdivision was before the City Council in June 2004 at which time it was approved. The project included rezoning, vacation, subdivision platting, and annexation. You will recall this 82-lot subdivision is located in southeast Kearney between Avenue D and Avenue H, south of 10th Street to 8th Street. The development will consist of single-family homes on the majority of the lots with 24 duplex lots to the south and east borders of the property.  The legal description that was included in the resolution and ordinance that passed and were approved in June are not acceptable to the Register of Deeds Office and the plat has not been filed.

 

A new legal description has been prepared with a new point of beginning which the problem was the first time around. If the Council accepts the new legal description as presented, the plat exhibits can be amended to include the revised legal description and the documents can be filed at the courthouse. The new legal description shall apply to the rezoning, the subdivision plat and the annexation of this property.

 

Council Member Buschkoetter introduced Ordinance No. 7107, being Subsection 1 of Agenda Item V to repeal Ordinance No. 7065 and to vacate the south half of 10th Street abutting Lots 1 and 38 of Block 4 on the north and Lots 1 and 38 of Block 5 on the north of now vacated South Park Addition to the City of Kearney, Buffalo County, Nebraska and that part of vacated Avenue G abutting said Lot 1 of Block 4 on the east and abutting said Lot 38 of Block 5 on the west and the east 10 feet of vacated Avenue F abutting said Lot 38 of Block 4 on the west and all located in the Northwest Quarter of the Northeast Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., 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 Blankenship 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. 7107 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 Blankenship seconded by Kearney that Ordinance No. 7107 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. 7107 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. 7108 – REPEAL ORDINANCE NO. 7066 AND REZONE PROPERTY LOCATED BETWEEN AVENUE D AND AVENUE H AND SOUTH OF 10TH STREET TO 8TH STREET)

 

Council Member Buschkoetter introduced Ordinance No. 7108, being Subsection 2 of Agenda Item V to repeal Ordinance No. 7066 and to rezone from “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of Northwest Quarter of the Northeast Quarter and part of the East Half of the Northeast Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (between Avenue D and Avenue H and south of 10th Street to 8th Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Blankenship 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. 7108 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 Blankenship seconded by Kearney that Ordinance No. 7108 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. 7108 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. 7109 – GRANT CONDITIONAL USE PERMIT TO GRYPHON WIRELESS

 

Council Member Kearney introduced Ordinance No. 7109, being Subsection 1 of Agenda Item VI to grant a Conditional Use Permit to Gryphon Wireless, LLC (Applicant) and Sea Dog Trading Co., LLC (Owner) to locate a wireless telecommunications tower on property zoned “District C-1, Limited Commercial District” and described as Lot 3, Northridge Addition to the City of Kearney, Buffalo County, Nebraska (3720 Avenue A, Suite B), 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. 7109 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. 7109 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. 7109 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. 7110 – GRANT CONDITIONAL USE PERMIT TO WESTERN WIRELESS

 

Council Member Kearney introduced Ordinance No. 7110, being Subsection 2 of Agenda Item VI to grant a Conditional Use Permit to Paul Wozniak for Western Wireless (Applicant) and Midtown Communications (Owner) for the co-location of two antennas on an existing tower owned by Midtown Communications, Inc. on property zoned “District AG, Agricultural District” and described as a tract of land being a part of the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 7.65 acres, more or less, Buffalo County, Nebraska (2811 West 39th Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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. 7110 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. 7110 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. 7110 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. 7111 – ADOPT REVISED BUDGET STATEMENT

 

Council Member Kearney introduced Ordinance No. 7111, being Subsection 3 of Agenda Item VI to adopt the City of Kearney Revised Budget Statement to be termed the Annual Appropriation Bill and to appropriate sums for necessary expenses and liabilities, 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. 7111 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. 7111 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. 7111 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.

 

LEVY ALLOCATION FOR COMMUNITY REDEVELOPMENT AUTHORITY AND OFFSTREET PARKING DISTRICT NO. 1

 

Mayor Blankenship opened for discussion the final allocation of levy authority in the amount of $127,500.00 for the Community Redevelopment Authority of the City of Kearney for fiscal year 2004-2005 and the final allocation of levy authority in the amount of $25,000.00 for Offstreet Parking District No. 1 for fiscal year 2004-2005 and to consider approval of Resolution No. 2004-154.

 

Director of Administration and Finance Wendell Wessels presented this matter to the Council. On April 11, 1996, the Nebraska Legislature enacted LB 1114 which reduced or eliminated the rate of taxation for property taxes authorized for cities and other political subdivisions.  Under LB 1114, the rates for levying property taxes are limited for each type of governmental unit in the State of Nebraska.  The rate for cities such as Kearney, after July 1, 1998, may not exceed $.45 per one hundred dollars of taxable value plus an additional $.05 for payments due under Inter-Local Cooperation Act agreements.  Additionally, after July 1, 1998, the allowable tax rates for Community Redevelopment Authorities and Offstreet Parking Districts have been eliminated.

 

Under LB 1114, the Community Redevelopment Authority and Offstreet Parking District No. 1 may submit a “Preliminary Request for Levy Allocation” to the City Council and be allocated property taxes, as authorized by law, which are allowed for the City of Kearney.  If the City Council approves a “Final Levy Allocation” for the Community Redevelopment Authority and Offstreet Parking District No. 1, their levy will be counted in the City of Kearney levy limit, which is $.45 per one hundred dollars of taxable value.

 

State Statute Section 77-3443.03 requires Community Redevelopment Authorities and Offstreet Parking Districts to submit a preliminary request for levy allocation to the City Council prior to August 1.  Additionally, State Statute Section 77-3443.04 requires the City Council to adopt, by September 1, a resolution which determines a final allocation of levy authority for the Community Redevelopment Authority and Offstreet Parking District No. 1.

 

The Community Redevelopment Authority and Offstreet Parking District No. 1 rely on property taxes as a primary revenue source each year. The City Council is required to approve, modify, or deny the “Final Levy Allocation” for these two political subdivisions pursuant to the Nebraska Budget Act.

 

The Community Redevelopment Authority has submitted a 2004 “Preliminary Request for Levy Allocation” in the amount of $127,500.00 and the Downtown Improvement Board has submitted a 2004 “Preliminary Request for Levy Allocation” in the amount of $25,000.00. The Community Redevelopment Authority 2004 tax request is $18,360.00 more than the 2003 tax request and the Offstreet Parking District No. 1 2004 tax request is the same as the 2003 tax request.

 

LB 1114 requires that the City Council determine a “Final Allocation of Levy Authority” for the Community Redevelopment Authority and Offstreet Parking District No. 1 by September 1.  Based on the tax requirements included in the 2004-2005 budgets for the City of Kearney, the Community Redevelopment Authority, and Offstreet Parking District No. 1, the combined tax rate for all three entities will be well below the $.45 per one hundred dollars of taxable value allowed under LB 1114 for 2004.

 

Moved by Hadley seconded by Buschkoetter to approve the final allocation of levy authority in the amount of $127,500.00 for the Community Redevelopment Authority of the City of Kearney for fiscal year 2004-2005 and the final allocation of levy authority in the amount of $25,000.00 for Offstreet Parking District No. 1 for fiscal year 2004-2005 and approve Resolution No. 2004-154.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-154

 

            WHEREAS, Neb. Rev. Stat. Section 77-3443.03, (R.R.S. 1943), as amended), requires Community Redevelopment Authorities and Offstreet Parking Districts to submit a preliminary request for levy allocation, on or before August 1, to the City Council; and

            WHEREAS, the Community Redevelopment Authority of the City of Kearney submitted to the City, on July 31, 2004, a preliminary request for levy allocation in the amount of $127,500.00; and

            WHEREAS, the Downtown Improvement Board, on behalf of Offstreet Parking District No. 1, submitted to the City, on July 31, 2004, a preliminary request for levy allocation  in the amount of $25,000.00; and

            WHEREAS, Neb. Rev. Stat. Section 77-3443.04, as amended, requires the City Council to adopt, by September 1, a resolution (by a majority vote of members present) which determines a final allocation of levy authority to the Community Redevelopment Authority and Offstreet Parking District No. 1.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to the provisions of Neb. Rev. Stat. Section 77-3443.04 (R.R.S. 1943), as amended, that a final allocation of levy authority of $127,500.00 is hereby approved for the Community Redevelopment Authority of the City of Kearney for 2004 and a final allocation of levy authority of $25,000.00 is hereby approved for Offstreet Parking District No. 1 for 2004.

BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to the provisions of Neb. Rev. Stat. Section 77-3443.04 (R.R.S. 1943), that the City Clerk is ordered to forward a copy of this resolution to the chairperson of the Community Redevelopment Authority of the City of Kearney and the chairperson of the Downtown Improvement Board.

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

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect September 1, 2004, and shall be published in pamphlet form.

            PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

PLANS AND SPECIFICATIONS FOR 2004 PART I IMPROVEMENTS, PHASE IV

 

Mayor Blankenship opened for discussion the Plans and Specifications for the 2004 Part I Improvements, Phase IV consisting of Paving Improvement District No. 2004-885 for 30th Avenue from Highway 30 south to LaCrosse Road and set the bid opening date for September 15, 2004 at 2:00 p.m.

 

David Mead from Miller & Associates presented this matter to the Council. As part of the 2004 Long Range Goals, budget process, and the current One and Six Year Street Plan, the City Council approved the upgrade of 30th Avenue to a four lane roadway. The City is ready to advertise and receive bids for the construction of the fourth and final phase of the project – 30th Avenue from Highway 30 south to LaCrosse Drive.  The Engineer’s Opinion of Probable Construction Cost ranges between $500,000 and $1,000,000.  The work involved is scheduled to be substantially complete and open to traffic before December 1, 2004.

 

Mayor Blankenship asked about completion dates of the other phases of this project.  Phase II for the first part of the paving was scheduled to be completed on July 31st, however it is still in progress.  Phase III for north of 39th Street is scheduled to be completed November.  This paving project is to be completed December 1, 2004. 

 

Director of Public Works Rod Wiederspan stated that the standard penalty of $400 per day for liquidated damages would apply to this project if the project were not completed by the date stated. Council members asked if this was a standard amount or if it is a state mandated amount.  Mr. Wiederspan stated it is difficult to determine an amount for liquidated damages; however, the $400 is a standard amount that has held up in court.  This is the number that historically has been used elsewhere.  The City of Kearney has never been in a court case regarding such penalties. 

 

Mr. Wiederspan further stated they would like to bid the project, get a contractor lined up and set the schedule.  When that is done, they will meet with the residents about the plan to get them in and out of their homes.  There will be access roads built to accommodate them during the project.  The duplexes have volunteered their clubhouse to use for those meetings.  These meetings were scheduled earlier but due to the late start on the project, they were postponed.

 

30th Avenue will be closed for this process.  Mr. Wiederspan stated they met with the businesses in that area where they laid out the process on how the City would like to see it happen although this is starting late in the fall.  The storm sewer portion can go in on the east side without tearing up the asphalt roadway, but the road will be closed during the process.  If there is inclement weather, they can choose to open it through the winter and go back in the spring to finish the project.  If all is going well, then they will have the contractor tear out a portion of the asphalt and pave the east portion all the way through the project.  At that point, they will assess the winter situation and if needed can put the traffic back on the two east lanes for the winter. They gave the businesses the option to wait until next year to do this portion, but they indicated they would prefer to get it done this year.  They looked back at historical winter weather data and in the past few years they have been pouring concrete well into December.  If they get a winter like they know they can get, then they would have to shut down early in the season, they do have cutoff points so they can still maintain traffic during the winter months. 

 

Moved by Buschkoetter seconded by Blankenship to approve the Plans and Specifications for the 2004 Part I Improvements, Phase IV consisting of Paving Improvement District No. 2004-885 for 30th Avenue from Highway 30 south to LaCrosse Road and set the bid opening date for September 15, 2004 at 2:00 p.m.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

OPEN ACCOUNT CLAIMS --      NPPD -- $78,686.00

 

Moved by Blankenship seconded by Kearney that Open Account Claims in the amount of $78,686.00 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 Kearney seconded by Clouse that Council adjourn at 8:13 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