Kearney, Nebraska
November 22, 2005
7:00 p.m.
A meeting of the City Council of
Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on November 22, 2005, in the Council Chambers at City Hall. Present were: Galen
D. Hadley, President of the Council; Michaelle Trembly, City Clerk; Council
Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent:
None. Michael W. Morgan, City Manager; Michael Tye, City Attorney; Amber
Brown, Management Assistant; 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: Frank Robinson, Mike Cahill from KKPR Radio, Steve Altmaier
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 Jerry Gilbreath from First
Lutheran Church provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scouts 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
None.
IV. CONSENT AGENDA
Moved by Kearney seconded by
Clouse that Subsections 1 through 14 of Consent Agenda Item IV be approved.
Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
1. Approve Minutes of
Regular Meeting held November 8, 2005.
2. Approve the following
Claims: Alamar Uniforms $196.71 ps; Alltel $1,077.26 smcs; Anderson,S $272.00 smcs;
B&B Auto Glass $497.55 smcs; Baker & Taylor Books $926.22 smcs; Beckenhauer,T
$23.40 smcs; Berke,C $25.83 smcs; Better Containers $159.74 smcs; Bluecross Blueshield
$89,530.74 smcs; Broadfoots $2,819.22 smcs; Brown,A $78.00 smcs; Brown,G $8.33 smcs;
Buffalo Co Court $149.16 ps; Burgland,W $26.90 smcs; Buttress,S $1,940.10 smcs;
Campbell,J $3.59 smcs; Capital Media $1,585.85 smcs; Cash-Wa $452.64 smcs;
Central Fire $240.15 smcs; Central Hydraulics $567.21 smcs; Central NE Bobcat
$5,950.00 co; Central NE Equipment $3,705.00 co; Chessmore,L $20.83 smcs; Chief
$104.94 smcs; Chief Industries $84,331.80 co; City of Ky $75,694.88 smcs,ps;
City of Omaha $340.00 smcs; College Savings Plan of NE $50.00 ps; Copycat
Printing $195.66 smcs; Cornerstone Group $46.32 smcs; Croutcher,S $31.09 smcs; Culligan
$228.50 smcs; Cummins $495.89 smcs; Dare America $67.43 smcs; Davis,L $118.22 smcs;
Diamond Vogel $56.23 smcs; Dirt Works $1,590.00 co; Dmilaco $383.00 smcs; Dugan
Business Forms $3,560.21 smcs; Dutton-Lainson $91.78 smcs; E&S Tool Service
$80.00 smcs; Eakes $1,814.36 smcs; Eickhoff,B $153.00 ps; Eirich,T $50.00 smcs;
Elliott $432.49 smcs; Elliott,J $832.69 smcs; Engels,D $10.11 smcs; Envirotech
Services $27,477.54 smcs; Eustis Body Shop $155.00 smcs; Faz,A $191.00 smcs;
FedEx $121.03 smcs; Fort Bend Services $8,712.00 smcs; Fowler,K $26.20 smcs;
Frontier $7,766.96 smcs; Gall's $109.03 smcs; Garrett Tires $3,608.63 smcs;
Gary's I-80 $135.00 smcs; Giesenhagen,G $8.85 smcs; Great Plains One Call
$346.98 smcs; Griego,T $30.10 smcs; H&H Distributing $206.10 smcs; HTE
Users $150.00 smcs; Hometown Leasing $39.32 smcs; ICMA $1,002.40 smcs; ICMA RC
$2,590.70 ps; Institute of Police Tech $1,275.00 smcs; Intellicom Computer
$65.00 smcs; IRS $86,892.32 ps; J. Gardner & Associates $310.00 smcs; Jack Lederman
$351.46 smcs; Jardine,K $21.08 smcs; Jay's $278.93 smcs; Jensen,D $31.47 smcs; Johnson,D
$47.89 smcs; Johnson,S $50.00 smcs; Journey,L $348.00 smcs; Kayton Electric
$24,756.06 co; Ky Chamber of Comm $230.00 smcs; Ky Clinic $100.00 ps; Ky
Concrete $3,995.42 smcs,co; Ky Crete $105.69 smcs,co; Ky Hub $3,416.15 smcs,co;
Ky Implement $8,609.63 smcs,co; Ky Towing $90.00 smcs; Ky Yamaha $130.31 smcs; Kersting,R
$19.76 smcs; Kirkham Michael $7,134.22 co; Kirkwood,M $456.27 smcs; KKPR
$150.00 smcs; Knaggs,G $2,521.20 smcs; Konz,M $63.49 smcs; Laughlin,K $360.00 ps;
Law Enforcement Training $127.00 smcs; Lewis,D $387.20 smcs; Linweld $47.30 smcs;
Longo,P $118.16 smcs; Maddux Construction $58.50 smcs; Magic Cleaning $3,550.00
smcs; Mail Express $130.77 smcs; Manary,M $20.26 smcs; Mandernach,J $255.14 smcs;
Marlatt Machine Shop $722.16 smcs,co; Marshall Cavendish $124.94 smcs; Martin,P
$37.33 smcs; Maurer,P $30.96 smcs; McCarty,D $17.10 smcs; McDermott &
Miller $2,600.00 smcs; McDermott,N $9.84 smcs; McLaughlin Rincon $523.30 smcs; McLaughlin,P
$151.50 smcs; Meteorlogix $567.00 er; Mid America Pay Phones $100.00 smcs;
Mid-State Engineering $280.00 co; Mid-State Units $390.00 smcs; Miller &
Associates $129,570.05 smcs,co; Moore Wallace $502.50 smcs; MSI $4,800.00 co;
NWWA $6,114.56 smcs; NCL of Wisconsin $268.19 smcs; NCS Equipment Rental
$260.00 smcs; NE Child Support $1,361.31 ps; NE Dept of Aeronautics $995.00 ds;
NE Salt & Grain $11,965.38 smcs; NE State Library $24.50 smcs; NEland
Distributors $224.50 smcs; NERPA $225.00 smcs; New World Systems $44,800.00 smcs;
Newman Traffic Signs $316.00 smcs; Northstar Audio Books $8.00 smcs; Northwestern
$3,113.10 smcs; Novus $31.50 smcs; Olympia Petroleum $3,586.06 smcs; Omaha
World Herald $307.36 smcs; Overhead Door $576.10 smcs; P.E.P. $51.10 smcs;
Paramount Linen $483.97 smcs; Paul A Otto Curb Grinding $243.00 co; Payne,M
$24.44 smcs; Pittman,D $13.36 smcs; Platte Valley Comm $7,869.59 smcs; Press On
Ministries $200.00 smcs; Presto-X $140.00 smcs; Promaxima Manufacturing $314.60
ps; Push Pedal Pull $18.73 ps; Quality Books $103.81 smcs; Random House $284.40
smcs; Ready Mixed Concrete $4,201.49 smcs,co; Recognition Unlimited $225.59 smcs;
Recorded Books $367.55 smcs; Redfield & Company $22.70 smcs; Research
Technology $164.95 smcs; Ring,D $18.69 smcs; Riverdeep $454.90 smcs; Riverside
Animal Hospital $3,147.50 smcs; Rochford Custom Homes $600.00 smcs; Roepke,J
$24.77 smcs; Rose Equipment $403.88 smcs; Ross,Schroeder, & George $43.75 smcs;
Salter,J $151.50 smcs; Schmitt,J $9.07 smcs; Sesna,T $23.40 smcs; Solid Waste
Agency $67,110.34 smcs; Story,G $188.18 smcs; Suchsland,T $5.15 smcs; Sun Life
Financial $20,489.10 smcs; Sutphen $70.00 smcs; Sydow,J $40.00 smcs; Tanner,S
$44.07 smcs; Tee's Plus $344.50 smcs; Thirsty's #2 $7.50 smcs; Thompson,K
$10.00 smcs; Thompson,L $30.00 smcs; Thomson Gale $56.15 smcs; Titelist $57.58 smcs;
Tomlison,K $32.27 smcs; Tradewell $1,320.00 smcs; Trembly,M $66.99 smcs; Unico
Group of Ky $2,488.00 smcs; Union Oil $16,112.76 smcs; Unisys $155.20 smcs;
United Fire & Casualty $35,000.00 co; Upbeat $17,625.01 co; UPS $81.52 smcs;
Village Uniform $228.81 smcs; Volk,M $3.41 smcs; Washington State Support
$102.00 ps; We Care Tree Service $325.00 smcs; Westfall $1,556.02 smcs; Wong,L
$27.64 smcs; Xerox $93.85 smcs; Younes Painting $1,875.00 smcs; Zimmerman
Printers $205.20 smcs; Payroll Ending 11-12-2005 -- $260,244.47. 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 December 13, 2005 at 7:00 p.m. as date and time for hearing on those applications where applicable.
4. Approve the bids
received for the purchase of a Four Wheel Loader for the Kearney Area Solid
Waste Landfill and award the bid to Murphy Tractor & Equipment from Grand
Island, Nebraska in the amount of $166,895.00.
5. Approve Change Order
No. 3 showing an increase in the amount of $4,011.33, Application and
Certificate for Payment No. 5-Final in the amount of $70,710.38, and
Certificate of Substantial Completion submitted by Midlands Contracting and
approve by Miller & Associates for the 2005 Part II Improvements
consisting of Water Connection District No. 2005-1 for 56th Street from 17th
Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue
from 56th Street north a distance of 1,033 feet, and Water Connection District
No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main
replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue
C, and three water valve replacements located at 21st Street between 4th Avenue
and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street
just west of Central Avenue; and Water District No. 2005-540 West Highway 30
from 30th Avenue west to the west line of Meadowlark Gardens Second Addition,
an addition to the City of Kearney and approve Resolution No. 2005-196.
RESOLUTION
NO. 2005-196
WHEREAS,
Midlands Contracting, Inc. has performed services in connection with the 2005
Part II Improvements consisting of Water Connection District No. 2005-1 for
56th Street from 17th Avenue to 30th Avenue, Water Connection District No.
2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and
Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to
56th Street, water main replacements under the Union Pacific Railroad tracks at
5th Avenue and Avenue C, three water valve replacements located at 21st Street
between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and
on 21st Street just west of Central Avenue, and Water District No. 2005-540
West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens
Second Addition, and the City's engineer, Miller & Associates, have filed
with the City Clerk Change Order No. 3 showing an increase in the amount of
$4,011.33 as shown on Exhibit “A” attached hereto and made a part hereof by
reference; and
WHEREAS, the
Engineer and Contractor, have filed with the City Clerk Application and
Certificate for Payment No. 5-Final in the amount of $70,710.38 as shown on
Exhibit “B” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$928,987.00
|
|
Change Order No. 1 (4-26-2005)
|
- 219,141.86
|
|
Change Order No. 2 (7-12-2005)
|
+119,889.00
|
|
Change Order No. 3 (11-22-2005)
|
+ 4,011.33
|
|
|
|
|
Contract Sum To Date
|
833,745.47
|
|
Gross Amount Due
|
833,745.47
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
833,745.47
|
|
Less Previous Certificates for
Payment
|
763,035.09
|
|
Current Payment Due
|
$ 70,710.38
|
WHEREAS, the Engineer
and Contractor have now certified to the City Clerk that work is completed as
of October 14, 2005, as shown by Exhibit “C” attached hereto and made a part
hereof by reference.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, and
hereby find and determine that Change Order No. 3 as shown on Exhibit “A”,
Application and Certificate of Payment No. 5-Final as shown on Exhibit “B”, and
the Certificate of Substantial Completion as shown on Exhibit “C” be and are
hereby accepted and approved.
PASSED AND APPROVED
THIS 22ND DAY OF NOVEMBER, 2005.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
6. Approve the bid
received for the Kearney Cemetery 144 Crypt Garden Mausoleum and approve Resolution
No. 2005-197 awarding the bid to Cold Spring Granite Memorial Group from Cold
Spring, Minnesota in the amount of $115,000.00.
RESOLUTION
NO. 2005-197
WHEREAS, the City of
Kearney has reviewed the sealed bids which were opened on November 10, 2005, at
2:00 p.m. for the construction of the Kearney Cemetery 144 Crypt Garden
Mausoleum; and
WHEREAS, City
staff has recommended the bid offered by Cold Spring Granite Memorial Group of Cold
Spring, Minnesota in the sum of $115,000.00 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 recommendation is hereby accepted and approved, that Cold Spring
Granite Memorial Group be and is the lowest responsible bidder for the
construction of the Kearney Cemetery 144 Crypt Garden Mausoleum, to be
constructed in accordance with the plans and specifications on file with the
City Clerk and that the bid of Cold Spring Granite Memorial Group in the sum of
$115,000.00 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 22ND DAY OF NOVEMBER, 2005.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
MICHAELLE E. TREMBLY AND
EX-OFFICIO MAYOR
CITY CLERK
7. Approve the Agreement
between the City of Kearney and Bamford Inc. for the connection of two separate
premises on property located at 2815 West 24th Street to the same water service
line and approve Resolution No. 2005-198.
RESOLUTION NO.
2005-198
BE IT RESOLVED by the
President and Council of the City of Kearney, Nebraska, that the President be
and is hereby authorized and directed to execute the Agreement on behalf of the
City of Kearney, Nebraska. A copy of the Agreement, marked as Exhibit “A”, 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
Agreement with the Buffalo County Register of Deeds.
PASSED
AND APPROVED THIS 22ND DAY OF NOVEMBER, 2005.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
MICHAELLE
E. TREMBLY AND EX-OFFICIO MAYOR
CITY
CLERK
8. Approve the request
submitted by Kearney Hub to close the parking stalls in front of the Kearney
Hub, 13 East 22nd Street, on December 1, 2005 from 5:00 p.m. until 8:00 p.m. to accommodate the horse-drawn hayrack ride for the Downtown Kearney
Centre Christmas event.
9. Approve the bid
received for water supplies for the Utilities/Water Division and award the bid
submitted by Municipal Supply of Lincoln, Nebraska in the amount of $46,892.93.
10. Approve the Plans and
Specifications for the construction of the Yanney Heritage Park – ERC Building
and set the bid opening date for December 12, 2005 at 10:00 a.m.
11. Approve Application
and Certificate for Payment No. 3 in the amount of $293,534.53 submitted by
Paulsen, Inc. and approved by Miller & Associates for the 2004 Part VI
Improvements consisting of Paving Improvement District No. 2005-899 for
11th Street from 1st Avenue to 7th Avenue and approve Resolution No. 2005-199.
RESOLUTION
NO. 2005-199
WHEREAS,
Paulsen, Inc. has performed services in connection with the 2004 Part VI
Improvements consisting of Paving Improvement District No. 2005-899 for
11th Street from 1st Avenue to 7th Avenue, and the City's engineer, Miller
& Associates, have filed with the City Clerk Application and Certificate
for Payment No. 3 in the amount of $293,534.53 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$1,036,342.20
|
|
Change Order No. 1
(9-27-2005)
|
+ 9,820.00
|
|
Contract Sum To Date
|
1,046,162.20
|
|
Gross Amount Due
|
661,197.32
|
|
Retainage
|
66,119.73
|
|
Amount Due to Date
|
595,077.59
|
|
Less Previous Certificates for
Payment
|
301,543.06
|
|
Current Payment Due
|
$ 293,534.53
|
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. 3,
as shown on Exhibit “A”, be and is hereby accepted and approved.
PASSED AND APPROVED
THIS 22ND DAY OF NOVEMBER, 2005.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
12. Approve the
application for a Special Designated License submitted by KEARNEY STEAK
COMPANY, dba “Whiskey Creek” in connection with their Class IK35628 catering
liquor license to dispense beer, wine, and distilled spirits in the Exposition
Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on December
16 and 17, 2005 from 8:00 a.m. and 1:00 a.m. for the Nebraska Professional Bull
Riders Rodeo.
13. Approve the request
submitted by the Great Platte River Road Archway Monument on permission to
place a sign along Archway Parkway on the east side of the overpass informing
the public of the hours of operation.
14. Approve Application
and Certificate for Payment No. 3 in the amount of $96,961.41 submitted by
Paulsen, Inc. and approved by Miller & Associates for the 2005 Part IV
Improvements – Bid B consisting of Paving Improvement District No. 2005-901
for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District
No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot
2 of Block 1, Sorensen Park Fourth Addition, an addition to the City of
Kearney, Buffalo County, Nebraska and approve Resolution No. 2005-200.
RESOLUTION
NO. 2005-200
WHEREAS,
Paulsen, Inc. has performed services in connection with the 2005 Part IV
Improvements – Bid B consisting of Paving Improvement District No. 2005-901
for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District
No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot
2 of Block 1, Sorensen Park Fourth Addition, and the City's engineer, Miller &
Associates, have filed with the City Clerk Application and Certificate for
Payment No. 3 in the amount of $96,961.41 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$292,727.25
|
|
|
|
|
Contract Sum To Date
|
292,727.25
|
|
Gross Amount Due
|
265,334.15
|
|
Retainage
|
26,533.41
|
|
Amount Due to Date
|
238,800.74
|
|
Less Previous Certificates for
Payment
|
141,839.32
|
|
Current Payment Due
|
$ 96,961.41
|
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. 3,
as shown on Exhibit “A”, be and is hereby accepted and approved.
PASSED AND APPROVED
THIS 22ND DAY OF NOVEMBER, 2005.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
V. CONSENT AGENDA
ORDINANCES
None.
VI. REGULAR AGENDA
CERTIFICATE OF VOTE – ½¢ SALES TAX
SPECIAL ELECTION
Items 1, 2, and 3 of the Regular
Agenda were discussed together but voted on separately.
Mayor Hadley had the City Clerk
read the Certificate of Vote from the Buffalo County Election Commissioner.
Since early July, the City of Kearney
announced new efforts to develop and prioritize capital improvement projects
within the community. The City Council and City staff conducted 42 listening
sessions, including two townhall meetings. Suggestion cards were also
distributed in the utility billings as well as being distributed throughout the
community. The reaction has been great with citizens from different areas of
the community responding. In summary, the City received over 1,637 suggestions
with over 700 citizens attending the listening sessions and 736 suggestion
cards being received. Examples of the capital improvements that were proposed
by citizens included the following: Streets, sidewalks, traffic, library
expansion, Parks and Recreation facilities (Harmon Park), Downtown
improvements, and Senior Center improvements.
A Special Election was held
setting forth the question of imposing a sales and use tax in the amount of ½
percent in addition to the one percent currently in effect for an indefinite
period. The official results are as follows: 3,589 ballots were cast with 2,748
FOR the proposal and 841 AGAINST the proposal.
The City anticipates the
implementation of the new tax rate will begin on April 1, 2006. In order for this implementation date and in accordance with Section 77-27,143, the following
documents must be filed with the State Tax Commissioner no later than December
2, 2005: (1) Certificate from the Buffalo County Election Commissioner to the
State Tax Commissioner that the question of imposing a sales and use tax has
NOT been submitted to the electors within the last 23 months; (2) Certificate
of Vote from the Buffalo County Election Commissioner; (3) Ordinance No. 7225
adopting and imposing a city sales and use tax of 1½ percent upon the same
transactions within the corporate limits of the City of Kearney; and (4) Certified
map of the City of Kearney showing the city limits.
The City of Kearney will create a
“Capital Improvements/Equipment Fund” to place the proceeds of the ½¢ sales
tax. The ½¢ sales tax collected will be used specifically for funding capital
improvements/equipment.
City Clerk read the Certificate
of Vote from the Buffalo County Election Commissioner on the Sales and Use Tax
Proposal.
Moved by Clouse seconded by Lear
to accept the Certificate of Vote from the Buffalo County Election Commissioner
on the Sales and Use Tax Proposal. Roll call resulted as follows: Aye: Hadley, Kearney,
Buschkoetter, Lear, Clouse. Nay: None. Motion carried.
ORDINANCE NO. 7225 – AMEND SECTION
3-2201 (IMPOSITION OF ½¢ SALES TAX)
Council Member Lear introduced
Ordinance No. 7225, being Subsection 2 of Agenda Item VI to amend Section
3-2201 “Sales and Use Tax; Adoption and Imposition; Administration; Assessment;
Collection; Claims; Remedies; Penalties and Disposition; Sales and Use Tax Use;
Review and Audit; Duties; Repeal of Ordinance No. 4048, ‘Motor Vehicle Wheel
Tax’; Amendment” of Article 22 “Sales and Use Tax” of Chapter 3 “Business
Regulations” the Code of the City of Kearney to adopt and impose a city sales
and use tax of 1½ percent upon the same transactions within the corporate
limits of the City of Kearney and to repeal Ordinance No. 5094, 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: Hadley, Buschkoetter,
Lear, 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. 7225 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted as
follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion
carried. Ordinance was read by number.
Moved by Buschkoetter seconded by
Hadley that Ordinance No. 7225 be passed, approved and published as required by
law. Roll call resulted as follows: Aye: Hadley, Lear, 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. 7225 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.
REPORT FROM CITY MANAGER ON
PROCESS
Mayor Hadley had City Manager
Michael Morgan report on the process pertaining to the adoption of the 1½
percent city sales and use tax.
City Manager stated that normally
in early February, the City conducts a public hearing on the Capital Improvement
Program. This coming year the City will begin the process even though the
additional sales tax is not effective until April 1st. There will be a press
release announcing the “Capital Improvement Input” form on the website to
continue gathering input from citizens prior to that public hearing.
There has been clear commitment
and agreement that the Harmon Park Activity Center is a primary project.
Holding a listening session in that neighborhood has been suggested after
Christmas. It is important that the City meet with the neighborhood and also
get their input. The City has drawings and estimated budget figures from five
years ago when there was a lot of work done on the Harmon Activity Center
project. Forming a citizen committee to work with the Park & Rec Department
on that project has been suggested because it has a lot of neighborhood
impact.
Mayor Hadley commented that the
City will have half a year this year and then can budget for a full year next
year. City Manager stated there is an estimated $900,000 from April through
December that the City could collect and an additional $2.7 million for the
next year.
Director of Finance Wendell Wessels
stated that the tax collected in April will not be given to the City until
June. The City will get a payment from the state for June, July, August and
September. The City will have four months collections for this fiscal year.
The next year will have a full twelve months. There will be a new capital
projects fund created for this tax money and will be able to see where this
money goes by project in that fund. The public will be able to access this
information off the City’s website.
Council member Kearney commented
this would be a good idea because the public strongly supported it and the City
owes it to them to give them an accounting for the funds.
Mayor Hadley thanked City Manager
Michael Morgan for all of his work on this whole process. He believed that the
City Manager really guided the Council in doing the things that they did in
trying to communicate with the citizens and getting input from them. Mayor Hadley
stated that ten years from now that it will be interesting to see what the City
has as a result of this decision by the citizens to enthusiastically embrace
the idea (which is difficult to do when talking about taxes) of making Kearney
better.
OPEN ACCOUNT CLAIMS; NEBRASKA
PUBLIC POWER DISTRICT - $53,485.14; FREMONT NATIONAL BANK - $38,130.92
Moved by Hadley seconded by Kearney
that Open Account Claims in the amount of $52,485.14 payable to Nebraska Public
Power District, and in the amount of $38,130.92 payable to Fremont National
Bank be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter.
Nay: None. Clouse and Lear abstained. Motion carried.
VII. REPORTS
Mayor Hadley and Council members
thanked the citizens of Kearney and City staff for the passage of the
additional ½¢ sales tax.
VIII. ADJOURN
Moved by Kearney seconded by
Clouse that Council adjourn at 7:14 p.m. Roll call resulted as follows: Aye:
Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.
GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK