Kearney, Nebraska
September 26, 2006
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
September 26, 2006, 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, Assistant to 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: Walter Kamp, Gerry O’Rourke, Lorma Wiebe, Gale Dady, Brian
Slater, Bob Lammers, Alex Straatman, Rod Johnson, Carolyn Donahoo, Mike
Hendrickson, Rhoda Brown, Margaret Clark, Elaine Wiseman, Many Schweitzer,
Clemente Salazar, P.J. Bartels, Roger Wisch, Travis Soundy, Megan Soundy, Tim
Sorensen, Roger Jasnoch, Michelle Hill, Mike Konz from Kearney Hub, Paul Wice from
KGFW Radio, and several UNK students.
Notice of the meeting was given
in advance thereof by publication in the Kearney Hub, the designated method for
giving notice, a copy of the proof of publication being attached to these
minutes. Advance notice of the meeting was also given to the City Council and
a copy of their acknowledgment or receipt of such notice is attached to these
minutes. Availability of the Agenda was communicated in the advance notice and
in the notice to the Mayor and City Council. All proceedings hereafter shown
were taken while the meeting was open to the attendance of the public.
I. ROUTINE
BUSINESS
INVOCATION
Father Torpey from St. James
Catholic Church provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scouts from Troop 158 led the
Council members and audience in the Pledge of Allegiance.
ANNOUNCEMENT
Mayor Hadley announced that in
accordance with Section 84-1412 of the Nebraska Revised Statutes, a current
copy of the Open Meetings Act is available for review and is posted towards the
back of the Council Chambers.
RECOGNITION – OUTGOING BOARD
MEMBERS
Mayor Hadley and Council Members
recognized and presented a Service Award to the following outgoing board
members: Roger Wisch, Airport Advisory Board; P.J. Bartels and Kyle Flaherty,
Golf Advisory Board; and Scott Anderson, Advisory Board of Cable Commissioners.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED
BUSINESS
There was no Unfinished Business.
III. PUBLIC
HEARINGS
LIQUOR LICENSE – COPPERFIELDS, 13 EAST 21ST STREET
Mayor Hadley opened the public
hearing on the Application for a Class C-74354 Liquor License and the
Application for Corporate Manager for Travis Soundy submitted by TRAPPER LLC.,
dba “Copperfields” located at 13 East 21st Street and to consider approval of
Resolution No. 2006-166.
According to Section 53-132(2) of
the Nebraska Revised Statutes states: A retail license or bottle club license
shall be issued to any qualified applicant if it is found by the Liquor
Commission that:
- the applicant is fit, willing,
and able to properly provide the service proposed within the city,
village, or county where the premises described in the application are
located;
- the applicant can conform to
all provisions, requirements, rules, and regulations adopted pursuant to
the Nebraska Liquor Control Act;
- the applicant has demonstrated
that the type of management and control to be exercised over the premises
described in the application will be sufficient to insure that the
licensed business can conform to all provisions and requirements of and
rules and regulations adopted pursuant to the Act, and
- the issuance of the license is
or will be required by the present or future public convenience and
necessity.
An Application was received from
Travis and Megan Soundy who recently purchased CopperfieldS from Greg Knapp for
a Class C (Beer, Wine and Distilled Spirits – On and Off Sale) retail liquor
license. A background on the Soudy’s and an interview with them has been
conducted. Nothing has been found that would indicate they would not be
appropriate owners/managers.
The City Council is concerned
with the selling of alcohol to minors in our community, and wants to encourage
all license holders to provide the necessary training to all employees that
sell or dispense alcohol. Therefore, City staff has developed a form entitled
“Liquor License Training Compliance” requiring applicants to document and
verify training compliance of their employees. Travis Soundy has returned the
form showing him and his employees completed the training offered by the
Kearney Police Department on September 21, 2006.
Travis Soundy, 2900 Grand Avenue #55, presented this matter to the Council. They will have ID checks set up
at their door. Council member Buschkoetter stated that he applauded Mr. Soundy
for the training program that he has put into place and training his staff
about how to catch those who try to pass off a fake ID. Council member Kearney added that the Council takes these liquor licenses very seriously. He believed
that Kearney has a problem with underage drinking. They encourage the police
department to conduct the stings and come down harshly on those who violate
that law. Mayor Hadley stated that it is an embarrassment when they approve a
liquor license and a few months later that establishment is caught in one of
the compliance checks.
There was no one present in
opposition to this hearing.
Moved by Kearney seconded by Clouse
to close the hearing and approve, or recommend approval, the Application for a
Class C-74354 Liquor License and the Application for Corporate Manager for
Travis Soundy submitted by TRAPPER LLC., dba “Copperfields” located at 13 East 21st Street and approve Resolution No. 2006-166. Roll call resulted as follows: Aye:
Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
RESOLUTION
NO. 2006-166
WHEREAS, TRAPPER
LLC., dba “Copperfields” has filed with the Nebraska Liquor Control Commission
and the City Clerk of the City of Kearney, Nebraska, an application for a Class
‘C-74354’ (Beer, Wine, Distilled Spirits – On and Off Sale) Liquor License to
do business at 13 East 21st Street, Kearney, Nebraska, and has paid all fees
and done all things required by law as provided in the Nebraska Liquor Control
Act; and
WHEREAS, TRAPPER
LLC., dba “Copperfields” also filed with the Nebraska Liquor Control Commission
and the City Clerk of the City of Kearney, Nebraska, an application for
Corporate Manager of Travis Soundy; and
WHEREAS, a hearing
was held relating to said application on September 26, 2006.
NOW, THEREFORE, BE IT
RESOLVED that the President and City Council of the City of Kearney, Nebraska
approve or recommend approval to the Nebraska Liquor Control Commission of the
issuance of a Class ‘C-74354’ (Beer, Wine, Distilled Spirits – On and Off Sale)
Liquor License to TRAPPER LLC., dba “Copperfields” located at 13 East 21st
Street, Kearney, Nebraska, and to approve the application for Corporate Manager
of Travis Soundy.
BE IT FURTHER
RESOLVED that the City Clerk is hereby instructed to record the Council action
favoring the issuance of said license in the Minute Record of the proceedings
of the Council.
PASSED AND APPROVED
THIS 26TH DAY OF SEPTEMBER, 2006.
ATTEST: GALEN
D. HADLEY
MICHAELLE E. TREMBLY PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
IV. CONSENT AGENDA
Mayor Hadley stated the agenda had
been amended on September 25, 2006 to include Item 21 to approve an application
for a Special Designated License submitted by the Chicken Coop.
Council member Stan Clouse will
abstain from voting on Subsection 15 for the reason he is employed by Nebraska
Public Power District.
Moved by Buschkoetter seconded by
Hadley that Subsections 1 through 14 and 16 through 21 of Consent Agenda Item
IV be approved. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
1. Approve Minutes of
Regular Meeting held September 12, 2006.
2. Approve the following Claims:
AT&T $178.93 smcs; Alamar $2,755.00 smcs; Alltel $1,658.97 smcs; Allvin,B
$25.00 smcs; Amax Contracting $5,000.00 smcs; Amazon $2,526.73 smcs; American
Red Cross $30.00 smcs; Anderson Ford $20,935.00 co; Antelope Newspaper $69.00
smcs; Antiques & Castaways $25.00 smcs; APWA NE $70.00 smcs; Arrow Striping
$1,000.00 smcs; ASCAP $297.89 smcs; Aurora Co-op $88.80 smcs; Baker &
Taylor Books $4,927.23 smcs; Bamford $8,731.00 co; BBC Audiobooks $444.46 smcs;
Berke,N $56.03 smcs; Blessing $124,034.19 co; Bluecross Blueshield $74,407.43
smcs; Bosselman $27,174.54 smcs; Boyd's Full Service $20.40 smcs; Brill,K
$48.00 smcs; Brilliance Audio $74.89 smcs; Broadfoot's $6,598.00 smcs,co; Brown,A
$232.20 smcs; Buffalo Co Attorney $18,750.00 smcs; Buffalo Co Court $171.58 ps;
Buffalo Co Treasurer $15.00 smcs; Builders Warehouse $7,764.24 smcs,co; Byrne,D
$118.00 smcs; Carl Whitney Sand & Gravel $4,000.00 co; Cash-Wa $871.35
smcs; CBA Lighting $289.00 smcs; Central Auto Electric $175.48 co; Central
States Wire $3,388.97 smcs; Charter $54.99 smcs; Charter Paging $22.46 smcs; Chesterman
$1,373.25 smcs; City of Ky $25,485.60 smcs,co,ps; College Savings Plan of NE
$50.00 ps; Confined Space Services $5,260.00 smcs; Control Masters $1,188.96
smcs; Cook,J $256.00 smcs; Copycat Printing $963.15 smcs; Creative Teacher
$295.00 smcs; Crossroads Ford $388.40 smcs; Crouch Recreational $5,957.00 co; Culligan
$230.00 smcs; Cutting Edge Excavating $4,505.00 co; D&D Industries $166.50
smcs; Danielson Equipment $25,200.10 co; DANKO Emergency $175.72 smcs; Daugherty,R
$66.00 smcs; Dawson Co PPD $24,278.62 smcs; Deeter Foundry $446.00 smcs; Dell
$5,054.49 smcs,co; Deterding $149.64 smcs; DPC Industries $10,810.54 smcs; Dutton-Lainson
$65.68 smcs; Eakes $558.99 smcs; Ecolab $29.00 smcs; EDM Equipment $89.67 smcs;
Eickhoff,B $6.00 ps; Elliott Equipment $1,283.97 smcs; Eustis Body Shop $76.00
smcs; Eynetich,P $6.00 smcs; Faz,A $1,329.00 smcs; Fedex $105.69 smcs; Fie,J
$798.00 smcs; Flat Water $280.00 smcs; Footjoy $92.12 smcs; Galls $615.23
smcs,co; Gargan,M $7.58 smcs; Garrett Tires $8,377.89 smcs; Gear For Sports
$397.29 smcs; Great Plains One-Call $397.66 smcs; Great Plains Safety $1,750.00
smcs; Grint,K $146.85 smcs; Gronewoller,S $88.50 smcs; H&H Distributing
$780.00 smcs; Harley Davidson $352.70 smcs; Harshbarger,K $1,489.00 smcs; Haupt,J
$53.97 smcs; Hoehner Turf $136.96 smcs; Holmes Plumbing $12.97 smcs; ICMA RC
$2,770.19 ps; ILEETA $40.00 smcs; Intellicom Computer $16,200.00 co; IRS
$89,851.16 ps; IIMC $150.00 smcs; Iteris $6,649.08 co; J. Gardner &
Associates $310.00 smcs; Jack Lederman $38.30 smcs; Johnson Service $470.05
smcs; Kayton Electric $3,169.39 co; Ky Clinic $1,098.00 smcs,ps; Ky Concrete
$7,871.96 smcs,co; Ky Crete & Block $1,767.74 smcs,co; Ky Hub $6,754.24
smcs; Ky Implement $9,307.25 co; Ky Towing $90.00 smcs; Ky Visitors Bureau
$26,245.59 smcs; KVFD $561.60 smcs; Keough,J $256.00 smcs; Kirkham Michael
$14,001.23 smcs; Kjar,L $20.00 smcs; Konica Minolta $276.43 smcs; Laughlin,K
$360.00 ps; Lentfer,S $45.00 smcs; Linweld $49.61 smcs; Lockmobile $30.00 smcs;
Loebig,P $78.00 smcs; Magic Cleaning $3,610.00 smcs; Marlatt Machine Shop
$293.95 smcs; Marshall Cavendish $134.57 smcs; Mattley Advertising $290.00
smcs; Meadowbrook $2,275.00 smcs; Menards $1,317.22 smcs; Midlands Contracting
$22,123.52 co; Mid-State Units $120.00 smcs; Midwest Laboratories $6.65 smcs; Midwest
Striping $12,168.75 smcs; Miller & Associates $48,931.76 co; Mitchell I
$447.30 smcs; Moonlight Embroidery $1,000.00 ps; Morgan,M $471.00 smcs; Most
Dependable Fountains $2,250.00 smcs; Municipal Emergency $866.31 smcs; Musil,J
$256.00 smcs; Napa Auto Parts $923.36 smcs; NWWA $628.50 smcs; NCS Equipment
$336.65 co; NE Child Support $1,905.97 ps; NE Dept of Health $264.00 smcs; NE
Dept of Revenue $48,497.56 smcs; NE Golf Ass'n $150.00 smcs; NE Machinery
$5,448.95 smcs; NE Statewide Arboretum $125.00 smcs; NE Wine & Spirits
$32.76 smcs; NEland Distributors $936.00 smcs; Nicklasson,B $45.00 smcs; NLA/NEMA
$187.50 smcs; Norm's Plumbing $2,519.49 smcs; Northwestern Energy $970.51 smcs;
Numera Software $1,143.75 smcs; Office Depot $340.04 smcs; Officenet $145.00
smcs; O'Keefe Elevator $3,676.30 smcs; Olson,N.B. $20,000.00 co; OMB Police
Supply $543.96 smcs,co; Paramount Linen $491.65 smcs; PEP $51.10 smcs; Petersen,R
$59.00 smcs; Pitney Bowes $450.00 smcs; Platte Valley Comm $8,138.55 smcs; Presto-X
$124.00 smcs; QPR $952.70 smcs; Random House $271.00 smcs; Rath Concrete
$1,660.00 co; RCL Products $172.36 smcs; Ready Mixed Concrete $6,336.25
smcs,co; Recorded Books $203.35 smcs; Republic Beverage $31.74 smcs; Reserve
Account $8,000.00 smcs; Russ Sasakura Engineering $250.00 co; Russell's
Appliance $300.00 smcs; Sage,P $12.50 smcs; Schwan's $528.33 smcs; Scorr
Marketing $2,500.00 smcs; Sherwin Williams $82.01 smcs; Simmons Gun Specialties
$5,606.90 smcs; Sirchie $354.99 smcs; Snap-On Tools $420.00 smcs; Solid Waste
Agency $13,447.68 smcs; St of Ne Dept Aeronautics $995.00 ds; St of NE Dept of
HHS $264.00 smcs; Sterling Distributing $137.04 smcs; Suburban Fire Protection
$13,139.25 smcs; Summit Heating $141.53 smcs; Sutphen Corporation $405.46 smcs;
SWANA $167.00 smcs; Team Effort $366.05 smcs; Thome,B $88.50 smcs; Thompson,L
$90.00 smcs; Thomson Gale $42.68 smcs; Tielke Enterprise $339.35 smcs; Tool
Doctor $29.42 smcs; Tractor Supply $1,699.98 co; Turner Body Shop $193.00 smcs;
Village Uniforms $252.23 smcs; We Care Tree Care $2,970.00 smcs; Weis Equipment
$3,483.63 smcs; Werner Construction $74,763.05 co; Wessels,W $40.05 smcs; West
Payment Ctr $1,062.30 smcs; Woodside,M $256.00 smcs; World Book School
$1,395.00 smcs; WPCI $585.00 ps; Young,M $58.00 smcs; Zapata,T $56.03 smcs;
Payroll Ending 9-16-2006 -- $274,806.42. 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 October 10, 2006 at 7:00 p.m. as
date and time for hearing on those applications where applicable.
4. Approve the Agreement
between the City of Kearney and Suburban Fire Protection District No. 1 of Buffalo and Kearney Counties and approve Resolution No. 2006-167.
RESOLUTION NO.
2006-167
WHEREAS, for many
years the City of Kearney and Suburban Fire Protection District No. 1 of
Buffalo and Kearney Counties have joined in a contractual arrangement to aid
and cooperate with each other for mutual fire protection and prevention
purposes; and
WHEREAS, the Board of
Suburban Fire Protection District No. 1 of Buffalo and Kearney Counties has
reviewed the contract to renew and continue the agreement and has approved the
said agreement, subject to certain amendments; and
WHEREAS, the City
Council of the City of Kearney and the Administration have reviewed the
Agreement and find it acceptable and in the best interests of the public.
NOW, THEREFORE, BE IT
RESOLVED by the City Council of the City of Kearney, Nebraska, that the renewal
Agreement between Suburban Fire Protection District No. 1 of Buffalo and
Kearney Counties and the City of Kearney, a copy of which, marked Exhibit “1”
is attached hereto, be and is hereby approved.
BE IT FURTHER
RESOLVED that the President of the Council is hereby authorized and directed to
execute said agreement on behalf of the City of Kearney, Nebraska,
PASSED AND APPROVED
THIS 26TH DAY OF SEPTEMBER, 2006.
ATTEST: GALEN
D. HADLEY
MICHAELLE
E. TREMBLY PRESIDENT OF THE
COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
5. Approve Resolution No.
2006-168 redeeming the City of Kearney Facilities Corporation Refunding Bonds,
Series 2001 (Golf Course Bonds).
RESOLUTION NO.
2006-168
BE IT RESOLVED by the
President and Council of the City of Kearney, Nebraska:
Section 1. The
following bonds issued pursuant to the terms of that Supplemental Mortgage,
Trust Indenture and Security Agreement dated as of November 1, 2001 (the
“Indenture”) between City of Kearney Facilities Corporation (the “Corporation”)
and U.S. Bank National Association as trustee (the “Trustee”), in accordance
with their redemption provisions and the terms of the Indenture are hereby
directed to be called for redemption and payment on November 1, 2006, after
which date interest on the bonds will cease:
City of Kearney Facilities Corporation Refunding Bonds, Series 2001, date of original issue -
November 1, 2001, in the aggregate principal amount of Two Hundred Fifty
Thousand Dollars ($250,000.00), becoming due, bearing interest and with the
called maturity amounts as follows:
|
Maturity
Date
|
Interest
Rate
|
CUSIP
Number
|
Principal Amount Outstanding
|
Principal Amount
Called For Redemption
|
|
April 15, 2007
|
3.65%
|
486898
AY 5
|
$310,000.00
|
$40,000.00
|
|
April 15, 2008
|
3.85%
|
486898
AZ 2
|
$320,000.00
|
$40,000.00
|
|
April 15, 2009
|
4.00%
|
486898
BA 6
|
$330,000.00
|
$40,000.00
|
|
April 15, 2010
|
4.10%
|
486898
BB 4
|
$345,000.00
|
$40,000.00
|
|
April 15, 2011
|
4.20%
|
486898
BC 2
|
$360,000.00
|
$45,000.00
|
|
April 15, 2012
|
4.35%
|
486898
BD 0
|
$375,000.00
|
$45,000.00
|
Said bonds are hereinafter
referred to as the “Refunded Bonds.”
The
Refunded Bonds are subject to redemption at any time on or after November 1,
2006, at par and accrued interest, and said interest is payable semiannually.
The
Refunded Bonds were issued for the purpose of refunding the Corporation's
outstanding Refunding Bonds, Series 1995, outstanding in the principal amount
of $3,795,000 in order to obtain a savings in rental obligations for the City
of Kearney, Nebraska by obtaining an interest savings for the Corporation. To
the extent of the funds deposited with the Trustee for such redemption, the
City hereby elects to make prepayment of basic rentals under the Lease-Purchase
Agreement dated as of July 1, 1995 (assigned to the Trustee).
Section 2. The
Refunded Bonds are to be paid off at the office of the Trustee in St. Paul, Minnesota (the "Trustee").
Section 3. A true
copy of this resolution shall be filed immediately with the Trustee and the
Trustee is hereby directed pursuant to Section 2 of Article III of the
Indenture to mail notice to each registered owner of said bonds not less than
thirty days prior to the date fixed for redemption and otherwise give any
required notice (including notice to the Depository), all in accordance with
the terms of the Indenture.
PASSED AND APPROVED
THIS 26TH DAY OF SEPTEMBER, 2006.
ATTEST: GALEN
D. HADLEY
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
6. Approve increasing the
fuel flowage fee at the Kearney Municipal Airport from 5¢ per gallon to 7¢ per
gallon and approve Resolution No. 2006-169.
RESOLUTION
NO. 2006-169
WHEREAS, the Kearney
Municipal Airport Corporation has in place a fuel flowage fee which was last
increased in September of 2002; and
WHEREAS, the fuel
flowage fee is based on the total number of gallons transferred to aircraft at
the Kearney Municipal Airport; and
WHEREAS,
Administration has recommended increasing the fuel flowage fee from five cents
(5¢) per gallon to seven cents (7¢) per gallon.
NOW, THEREFORE, BE IT
RESOLVED by the President and City Council of the City of Kearney, Nebraska,
that the recommendation of Administration on increasing the fuel flowage fee
from five cents (5¢) per gallon to seven cents (7¢) per gallon be and is hereby
accepted and approved.
PASSED AND APPROVED
THIS 26TH DAY OF SEPTEMBER, 2006.
ATTEST: GALEN
D. HADLEY
MICHAELLE E. TREMBLY PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
7. Approve the Fixed Base
Operator Use and Operations Agreement between the City of Kearney and Midway
Aviation, Inc., dba “Air Midway” for Hangar T-926 and approve Resolution No.
2006-170.
RESOLUTION NO.
2006-170
BE IT RESOLVED
by the President and Council of the City of Kearney, that the President be and
is hereby authorized and directed to execute the Fixed Base Operator Use and
Operations Agreement on behalf of the City of Kearney, Nebraska, with Midway
Aviation, dba Air Midway for the north 92’ 8” of Hangar T-926, a copy of the
Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by
reference.
PASSED AND APPROVED
THIS 26TH DAY OF SEPTEMBER, 2006.
ATTEST: GALEN
D. HADLEY
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
8. Approve the Use and
Operations Agreement between the City of Kearney and Midway Aviation, Inc., dba
“Air Midway” for Hangar T-385 and approve Resolution No. 2006-171.
RESOLUTION NO.
2006-171
BE IT RESOLVED
by the President and Council of the City of Kearney, that the President be and
is hereby authorized and directed to execute the Use and Operations Agreement
on behalf of the City of Kearney, Nebraska, with Midway Aviation, dba Air
Midway for Hangar T-385, a copy of the Agreement, marked Exhibit “1”, is
attached hereto and made a part hereof by reference.
PASSED AND APPROVED
THIS 26TH DAY OF SEPTEMBER, 2006.
ATTEST: GALEN
D. HADLEY
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
9. Approve Use and
Operations Agreement between the City of Kearney and Blair Rodgers and Merle
Fratzke, dba “Rodgers Helicopter Services” for Hangar T-926 and approve Resolution
No. 2006-172.
RESOLUTION NO.
2006-172
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 Tenant Use
and Operations Agreement on behalf of the City of Kearney, Nebraska, with Blair
Rodgers and Merle Fratzke, dba “Rodgers Helicopter Services” for the south 50’
4” of Hangar T-926, a copy of the Agreement, marked Exhibit “1”, is attached
hereto and made a part hereof by reference.
PASSED AND APPROVED
THIS 26TH DAY OF SEPTEMBER, 2006.
ATTEST: GALEN
D. HADLEY
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
10. Approve Use and
Operations Agreement between the City of Kearney and Li’l Red Aero for Hangar
T-926 and approve Resolution No. 2006-173.
RESOLUTION NO.
2006-173
BE IT RESOLVED
by the President and Council of the City of Kearney, that the President be and
is hereby authorized and directed to execute the Use and Operations Agreement
on behalf of the City of Kearney, Nebraska, with Li’l Red Aero for the center
70 feet of Hangar T‑926, a copy of the Agreement, marked Exhibit “1”, is
attached hereto and made a part hereof by reference.
PASSED AND APPROVED
THIS 26TH DAY OF SEPTEMBER, 2006.
ATTEST: GALEN
D. HADLEY
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
11. Approve Use and
Operations Agreement between the City of Kearney and Li’l Red Aero for Hangar
T-923 and approve Resolution No. 2006-174.
RESOLUTION NO.
2006-174
BE IT RESOLVED
by the President and Council of the City of Kearney, that the President be and
is hereby authorized and directed to execute the Use and Operations Agreement
on behalf of the City of Kearney, Nebraska, with Li’l Red Aero for Hangar T‑923,
a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part
hereof by reference.
PASSED AND APPROVED
THIS 26TH DAY OF SEPTEMBER, 2006.
ATTEST: GALEN
D. HADLEY
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
12. Approve T-Hangar Lease
Agreement for Series C-3 between the City of Kearney and Jim Shuey and approve Resolution
No. 2006-175.
RESOLUTION NO.
2006-175
BE IT RESOLVED
by the President and City Council of the City of Kearney, Nebraska, that the
President be and is hereby authorized and directed to execute the T-Hangar C-3
Lease Agreement, on behalf of the City of Kearney, Nebraska, with Jim Shuey on
behalf of Topp Mechanical, a copy of the Agreement, marked Exhibit “1”, is
attached hereto and made a part hereof by reference.
PASSED AND APPROVED
THIS 26TH DAY OF SEPTEMBER, 2006.
ATTEST: GALEN
D. HADLEY
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY
CLERK AND
EX-OFFICIO MAYOR
13. Approve Agreement and
Permit for Aeronautical Services between the City of Kearney and Buffalo Air
Service for aerial applicator services and approve Resolution No. 2006-176.
RESOLUTION NO.
2006-176
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 and
Permit for Aeronautical Services at the Kearney Municipal Airport, on behalf of
the City of Kearney, with Buffalo Air Service, LLC, a copy of the Agreement,
marked Exhibit “1”, is attached hereto and made a part hereof by reference.
PASSED AND APPROVED
THIS 26TH DAY OF SEPTEMBER, 2006.
ATTEST: GALEN
D. HADLEY
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
14. Approve the request
submitted by Mitch Humphrey on behalf of Jeff Sikes, Attorney in fact and
authorized agent for TWL, LLC to extend the filing date until October 26, 2006
for filing the final plat and Subdivision Agreement for Bel Air Third Addition.
16. Approve Change Order
No. 1 showing a decrease in the amount of $76,756.15, Application and
Certificate for Payment No. 5-Final in the amount of $41,249.62 and the
Certificate of Substantial Completion submitted by Paulsen, Inc. and approve by
Miller & Associates for the 2005 Part I Improvements consisting of Paving
Improvement District No. 2005-903 for Avenue N from the north lot line of Lot 5
of Block 2, Stoneridge Third Addition and the south lot line of Lot 4 of Block
2, Eastbrooke Sixth Addition, north a distance of 1,698.08± feet; Paving
Improvement District No. 2005-904A for Avenue N from the south lot line of Lot
4, Eastbrooke Fourth Addition, thence north a distance of 210± feet and approve
Resolution No. 2006-178.
RESOLUTION
NO. 2006-178
WHEREAS,
Paulsen, Inc. has performed services in connection with the 2005 Part I
Improvements consisting of Paving Improvement District No. 2005-903 for Avenue
N from the north lot line of Lot 5 of Block 2, Stoneridge Third Addition and
the south lot line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a
distance of 1,698.08± feet; Paving Improvement District No. 2005-904A for
Avenue N from the south lot line of Lot 4, Eastbrooke Fourth Addition, thence
north a distance of 210± feet, and the City's engineer, Miller & Associates,
have filed with the City Clerk Change Order No. 1 showing a decrease in the
amount of $76,756.15 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 $41,249.62 as shown on
Exhibit “B” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$ 684,445.60
|
|
Change Order No. 1
(9-26-2006)
|
- 76,756.15
|
|
Contract Sum To Date
|
$ 607,689.45
|
|
Gross Amount Due
|
607,689.45
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
607,689.45
|
|
Less Previous Certificates for
Payment
|
566,439.83
|
|
Current Payment Due
|
$ 41,249.62
|
WHEREAS, the Engineer
and Contractor have now certified to the City Clerk that work is completed as
of September 1, 2006, 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. 1 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 26TH DAY OF SEPTEMBER, 2006.
ATTEST: GALEN
D. HADLEY
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY
CLERK AND
EX-OFFICIO MAYOR
17. Approve the Developer
Construction Infrastructure Agreement between the City of Kearney and Camron,
Inc. for sanitary sewer services for proposed Eastbrooke 8th Addition to the
City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2006-179.
RESOLUTION
NO. 2006-179
BE IT RESOLVED BY THE
PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement
entitled “Developer Constructed Infrastructure Agreement” between the City of
Kearney and Camron, Inc., a Nebraska Corporation for the construction of
sanitary sewer improvements located within a 20-foot sanitary sewer easement in
proposed Eastbrooke Eighth Addition to the City of Kearney, Buffalo County,
Nebraska be and is hereby accepted and approved. The Agreement, marked as
Exhibit 1 is attached hereto, negotiated with Timothy J. Norwood, President of
Camron, Inc. to construct sanitary sewer improvements within the proposed
subdivision.
BE IT FURTHER
RESOLVED that the President of the Council be and is hereby authorized and
directed to execute the same agreement on behalf of the City of Kearney.
PASSED AND APPROVED
THIS 26TH DAY OF SEPTEMBER, 2006.
ATTEST: GALEN
D. HADLEY
MICHAELLE E. TREMBLY PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
18. Approve the Plans and
Specifications for the 2006 Part VIII Sewer Main Improvements and set the bid
opening date for October 17, 2006 at 2:00 p.m.
19. Approve continuing the
Agreement between the City of Kearney and the Law Firm of Tye & Rademacher
for legal services as City Attorney and approve Resolution No. 2006-180.
RESOLUTION NO.
2006-180
WHEREAS, the City of
Kearney entered into an Agreement for Legal Services and the Law Firm of Tye
& Rademacher on September 13, 2005 to provide legal services to the City of
Kearney; and
WHEREAS, in
accordance with the terms of the Agreement, City staff is recommending
continuing the Agreement with the Law Firm of Tye & Rademacher with the
following adjustments to the original agreement:
1.
The Agreement will continue for a period of three (3) years;
2.
Effective October 1, 2006, the annual sum will increase to One Hundred
Ten Thousand Dollars ($110,000.00), and will increase five percent (5%) on
October 1, 2007 and five percent (5%) on October 1, 2008.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, that
the Agreement for Legal Services dated September 13, 2005 between the City of
Kearney, Nebraska and the Law Firm of Tye & Rademacher for services as
outlined in said Agreement continue for a period of three (3) years and that
effective October 1, 2006, the annual sum will increase to One Hundred Ten
Thousand Dollars ($110,000.00), and will increase five percent (5%) on October
1, 2007 and five percent (5%) on October 1, 2008.
PASSED AND APPROVED
THIS 26TH DAY OF SEPTEMBER, 2006.
ATTEST: GALEN
D. HADLEY
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
20. Approve Change Order
No. 5 showing an increase in the amount of $30,832.00, Application and
Certificate for Payment No. 4-Final in the amount of $30,832.00, and the
Certificate of Substantial Completion submitted by Paulsen, Inc. and approved
by Ross Engineering for the 2004 Part V Improvements – Bid B consisting of
Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st
Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th
Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street
from 2nd Avenue east a distance of 525 feet and approve Resolution No.
2006-181.
RESOLUTION
NO. 2006-181
WHEREAS,
Paulsen, Inc. has performed services in connection with the 2004 Part V
Improvements – Bid B consisting of Paving Improvement District No. 2004-881 for
60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No.
2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement
District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525
feet, and the City's engineer, Ross Engineering, have filed with the City Clerk
Change Order No. 5 showing an increase in the amount of $30,832.00 as shown on
Exhibit “A” attached hereto and made a part hereof by reference; and
WHEREAS,
Paulsen, Inc. and Ross Engineering have filed with the City Clerk Application
and Certificate for Payment No. 4-Final in the amount of $30,832.00 as shown on
Exhibit “B” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$458,425.70
|
|
Change Order No. 1
(10-12-2004)
|
+ 11,752.00
|
|
Change Order No. 2
(10-12-2004)
|
+ 13,147.10
|
|
Change Order No. 3
(12-14-2004)
|
+ 6,924.90
|
|
Change Order No. 4
(9-27-2005)
|
- 562.70
|
|
Change Order No. 5
(9-26-2006)
|
+ 30,832.00
|
|
Contract Sum To Date
|
$520,519.00
|
|
Gross Amount Due
|
520,519.00
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
520,519.00
|
|
Less Previous Certificates for
Payment
|
489,687.00
|
|
Current Payment Due
|
$ 30,832.00
|
WHEREAS, the Engineer
and Contractor have now certified to the City Clerk that work is completed as
of November 23, 2004, 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. 5, as shown on Exhibit “A”,
Application and Certificate for Payment No. 4-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 26TH DAY OF SEPTEMBER, 2006.
ATTEST: GALEN
D. HADLEY
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY
CLERK AND EX-OFFICIO
MAYOR
21. Approve the
application for a Special Designated License submitted by CHICKEN BONES OF
KEARNEY, INC., dba "Chicken Coop Sports Bar & Grill" in
connection with their Class I-54354 liquor license to dispense beer and
distilled spirits in the Exposition Building located at the Buffalo County
Fairgrounds, 3807 Avenue N, on October 14, 2006 from 12:00 p.m. until 1:00 a.m.
for a demolition derby subject to the City receiving the required Certificate
of Insurance.
Moved by Lear seconded by Buschkoetter
that Subsection 15 of Consent Agenda Item IV be approved. Roll call resulted as
follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse
abstaining. Motion carried.
15. Authorize the City of
Kearney to join with NPPD as a co-applicant to the Nebraska Power Review Board
for an amendment to NPPD’s retail service area which includes the City to
include the newly annexed land of Bel Air Third Addition to the City of
Kearney, Buffalo County, Nebraska (west of the intersections of 67th Street and
Avenue N and 69th Street and Avenue N) and Resolution No. 2006-177.
RESOLUTION NO.
2006-177
WHEREAS, on June 13,
2006 the Kearney City Council passed and approved Resolution No. 2006-89
including “BEL AIR THIRD ADDITION” within the corporate boundaries of the City
of Kearney said property described as a tract of land being part of the
Northeast Quarter of the Northeast Quarter of Section 24, Township 9 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly
described as follows: beginning at the northeast corner of Section 24 and
assuming the east line of the Northeast Quarter of Section 24 as bearing south
and all bearings contained herein are relative thereto; thence south on the
east line of the Northeast Quarter of Section 24 a distance of 1143.0 feet;
thence leaving the east line of the Northeast Quarter of said Section 24, west
a distance of 428.0 feet; thence north parallel with the east line of the
Northeast Quarter of said Section 24 a distance of 186.0 feet; thence east a
distance of 28.0 feet; thence north parallel with the east line of the
Northeast Quarter of said Section 24 a distance of 957.23 feet to a point on
the north line of the Northeast Quarter of said Section 24; thence S89º52’02”E
and on the north line of the Northeast Quarter of said Section 24 a distance of
400.0 feet to the place of beginning, containing 10.62 acres, more or less, of
which 0.87 acres, more or less, are presently being used for road purposes on
the east side, all in Buffalo County, Nebraska AND a tract of land being part
of the East Half of the Northeast Quarter of Section 24, Township 9 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly
described as follows: Referring to the northeast corner of Section 24 and
assuming the east line of the Northeast Quarter of Section 24 as bearing south
and all bearings contained herein or relative thereto; thence south on the east
line of the Northeast Quarter of Section 24 a distance of 1143.00 feet to THE
ACTUAL PLACE OF BEGINNING; thence continuing south on the east line of the
Northeast Quarter of said Section 24 a distance of 178.50 feet to the southeast
corner of the Northeast Quarter of the Northeast Quarter of said Section 24;
thence continuing south on the east line of the Northeast Quarter of Section 24
a distance of 320.00 feet; thence S89°59’00”W
a distance of 196.00 feet; thence N51°03’37”W
a distance of 723.50 feet; thence N40°53’52”E
a distance of 216.67 feet; thence north a distance of 66.00 feet; thence east a
distance of 189.03 feet; thence south a distance of 186.00 feet; thence east a
distance of 428.00 feet, containing 6.68 acres, more or less, all in Buffalo
County, Nebraska (west of the intersections of 67th Street and Avenue N and 69th
Street and Avenue N); and
WHEREAS, the Nebraska
Public Power District (NPPD) will apply to the Nebraska Power Review Board for
an order amending its existing retail service area, which includes the City of
Kearney, to include the above described property into the corporate boundaries
of the City of Kearney, Nebraska; and
WHEREAS, the City of
Kearney has an interest in the outcome of such application by reason of its
rights under the Professional Retail Operations Agreement with NPPD approved on
July 11, 1989, pursuant to which NPPD operates and maintains the electric
distribution system owned by the City of Kearney; and
WHEREAS, it is
determined by the City Council that it would be desirable and in the best
interests of the City of Kearney to join with NPPD as a co-applicant to the
Nebraska Power Review Board.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, that
the City of Kearney, Nebraska, be authorized to join with NPPD as a
co-applicant to the Nebraska Power Review Board for an amendment to NPPD’s
retail service area which includes the City to include the above described
property into the corporate boundaries of the City of Kearney, Nebraska in said
retail service area.
BE IT FURTHER
RESOLVED that the Mayor be and is hereby authorized to execute on behalf of the
City of Kearney a joint application with NPPD to the Nebraska Power Review
Board and to cooperate with NPPD in the prosecution of its application.
BE IT FURTHER
RESOLVED that such joint application shall be prosecuted at the sole cost and
expense of NPPD.
PASSED AND APPROVED
THIS 26TH DAY OF SEPTEMBER, 2006.
ATTEST: GALEN
D. HADLEY
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
V. CONSENT AGENDA
ORDINANCES
ORDINANCE NO. 7299 – AMEND
ORDINANCE NO. 7113
On September 14, 2004 the City
Council passed and approved Ordinance No. 7113 which vacated Lot 3 of Block 2,
Brandt’s Lakewood 7th Subdivision, a subdivision of Kearney County. This property is on the west side of the rural residential subdivision on the Platte River known as Brandt’s Lakewood. The vacation of this lot was necessary to accommodate
replatting this land as “Brandt’s Lakewood Estates.”
The title company was doing title
work on this property and found an error in the second paragraph of the
Preamble and Section 1 of the ordinance. The reference made there was Lot 2 of
Block 2 instead of Lot 3 of Block 2. Therefore, it is necessary to amend the
Ordinance to correct the typographical error in that section. The remaining
provisions of Ordinance No. 7113 will remain in full force and effect.
Council Member Hadley introduced
Ordinance No. 7299, being Subsection 1 of Agenda Item V to amend the second
paragraph of the Preamble and Section 1 of Ordinance No. 7113 to clarify the
discrepancy on the land being vacated as Lot 3 of Block 2, Brandt’s Lakewood 7th
Subdivision, a subdivision of Kearney County, and moved that the statutory
rules requiring ordinances to be read by title on three different days be
suspended and said ordinances be considered for passage on the same day upon
reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member Kearney seconded the motion to
suspend the rules. President of the Council asked for discussion or if anyone
in the audience was interested in the ordinance. No one responded. Clerk called
the roll which resulted as follows: Aye: Hadley, Lear, 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. 7299 by number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye: Hadley,
Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was
read by number.
Moved by Kearney seconded by Clouse
that Ordinance No. 7299 be passed, approved and published as required by law. Roll
call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear.
Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7299 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
SAN PEDRO RESTAURANT EXPANSION OF
LIQUOR LICENSE, 3907 CENTRAL AVENUE
Moved by Clouse seconded by Lear
to remove from the table the application for addition submitted by SAN PEDRO
INC., dba “San Pedro Mexican Restaurant” in connection with their Class I-67018
liquor license located at 3907 Central Avenue. Roll call resulted as follows:
Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.
Clemente Salazar, 1801 Avenue E, and
Attorney Mandy Schweitzer of Yeagley, Swanson, Murray Law Office, presented
this matter to the Council. Ms. Schweitzer stated there will be no problem
installing the emergency ingress/egress off the patio. Council member Clouse
asked if they had been serving alcohol on this patio prior to this approval.
Ms. Schweitzer replied they had been serving alcohol on the patio because they
were not aware that they needed to file for an addition to their liquor license.
As soon as they found that out, they immediately stopped serving alcohol on the
patio and submitted this application.
Council member Lear stated that
he could verify that because he has recently been in their restaurant and they
have signs posted stating that no alcohol can be served on the patio. Mr.
Salizar stated that originally that area was covered by a dome (used like a
sunroom) and they considered it as part of the building. When they applied for
the permit to build the deck in that area, they were not informed that they
needed to apply for an extension permit to serve alcohol on the deck.
Council member Clouse asked Ms.
Schweitzer if she has gone through the liquor license and given them a clear of
understanding of what is involved in the alcohol permit so there will be no
further misunderstandings. Ms. Schweitzer stated that she has. She also stated
the new ID checking machine at that location has been working,
Moved by Lear seconded by Buschkoetter
to approve the application for addition measuring 31’ by 13’ outdoor seating
area on the south side of the building as submitted by SAN PEDRO INC., dba “San
Pedro Mexican Restaurant” in connection with their Class I-67018 liquor license
located at 3907 Central Avenue subject to the licensee installing an approved
gate to serve as an emergency means of egress to a public way. Roll call
resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay:
None. Motion carried.
MOUNT CARMEL NURSING HOME –
VARIANCE FOR ON-STREET PARKING
Moved by Buschkoetter seconded by
Hadley to remove from the table the request for a variance for on-street
parking submitted by R.W. Sorensen Construction on behalf of Mount Carmel
Nursing Home, 418 West 18th Street, on allowing angle parking along 17th Street between 4th Avenue and 5th Avenue. Roll call resulted as follows: Aye: Hadley,
Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
Tim Sorensen, on behalf of Mt.
Carmel Nursing Home is requesting approval to modify the on-street parking
configuration along the north side of 17th Street from 4th Avenue to 5th Avenue. The proposed parking improvements plan shows the proposed diagonal parking
layout. On-street diagonal parking is primarily allowed in the downtown area,
where there are very few provisions for off-street parking. However, diagonal
on-street parking can be useful in other areas to serve public or quasi-public
uses that have a high parking concentration. In this case, Mt. Carmel Nursing
Home meets those characteristics with 120 employees and no off-street parking.
In order to meet additional off-street parking requirements with traditional
parking lots would mean the elimination of green areas and existing trees on
the site. The City previously approved a similar request on 4th Avenue along the east side of Mt. Carmel and on 4th Avenue from 15th Street to 16th Street for Kenwood School. In both cases it was a welcome addition to the neighborhood
to get the existing employees that have to park throughout the neighborhood
additional parking adjacent to the school or retirement home.
The main consideration for the
Public Works Department when this type of parking is proposed would be the
street’s traffic flow volume. If the traffic flows are low, then the
additional on-street parking concentration is more manageable. In this case, 17th Street is a local residential street and has a relatively low traffic volume. The
parking, if modified, will still remain available as public parking since it is
located on the public right-of-way.
Tim Sorensen, 5165 Long Island
Road, presented this matter to the Council. He stated that because there are
always more cars than parking spaces in this area, he believed that it would
enhance the neighborhood to have all the cars appropriately lined up on the
north side of 17th Street verses throughout the neighborhood. This will
provide for two handicap parking spaces in the center which meets ADA requirements. There will be a total of 19 parking spaces which will yield about an
additional 10 parking spaces. The addition of the employee daycare facility
did not add any additional need for parking, but it has always been a need
because of the number of people that Mt. Carmel employs. Director of Public
Works Rod Wiederspan stated that two years ago they added parking on 4th
Avenue which is a local street (not a collector street) so he believed that
the traffic volumes are such that it fits in well with the neighborhood. He is
in support of this to free up some parking for the neighborhood residents.
Moved by Hadley seconded by Kearney
to approve the request for a variance for on-street parking submitted by R.W.
Sorensen Construction on behalf of Mount Carmel Nursing Home, 418 West 18th
Street, on allowing angle parking along 17th Street between 4th Avenue and 5th
Avenue. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney,
Buschkoetter, Lear. Nay: None. Motion carried.
KEARNEY HOUSING AGENCY ANNUAL
REPORT
Mayor Hadley opened for
discussion the Kearney Housing Agency Annual Report submitted by Elaine
Wiseman, Executive Director.
Executive Director Elaine Wiseman
presented this matter to the Council. Last year they had 91 turnovers with 86
lease ups during their fiscal year that ended March 31, 2006. They had 472 on
their wait-list at this time. This number includes all of the programs that
they either own or manage. Their housing voucher program had 97.25 percent
utilization which is as good as they can get without going over. They have
added two new developments this year. They purchased what was previously known
as Normandy Apartments on November 1, 2005. They renamed it Plaza Boulevard
Apartments. They entered into a management contract in this fiscal year with
Shelton Housing Authority.
She believed the two important
things are operating subsidy and capital funds. She said that those items have
been cut on the domestic budget on the Federal level and continue to receive
cuts every year. The operating subsidy covers the difference between rent
revenues and their expenses. Their rent revenues are capped at 30 percent of
the people’s adjusted gross income. That subsidy is important to help maintain
the property and be in program compliance. They are a heavily regulated,
complex program and if they do not maintain the property they are cautioned when
HUD gives them their report cards. If they do not have enough staff to do
program compliance they can also be warned.
Capital funds are basically used
for modernization and keeping up the projects, buying equipment, etc. In 2002,
Kearney received $276,003.00 in operating subsidy and this year Kearney will
receive $196,612.00 which is a huge decrease. This decrease in funds greatly
concerns her and their board because it is more difficult to maintain a high
quality of service. They are very fortunate that they have had some wonderful
donors to the development corporation which in turn grants it to the congregate
meal program which helps it keep going.
Mayor Hadley asked for an
explanation of the payment in lieu of taxes that the Housing Agency is required
to pay to Buffalo County. Ms. Wiseman stated that they are not required to pay
property taxes under state law because housing authorities are exempted. They
are required to pay in lieu of taxes based on their rent revenues, minus their
utility expense, times 10 percent. That amount is paid directly to the Buffalo
County Treasurer. Originally, it was payable to the local governing agency
that created each housing authority and they in turn paid the county. In 1999
the housing law was changed by the Nebraska League of Municipalities, asking
them to pay the County directly to avoid the funds getting confused in the
general funds.
Mayor Hadley asked why the Housing
Agency would not be completely tax exempted. Ms. Wiseman stated that the way
the law was written years ago, it required public housing to pay something even
if it was not property tax. In some communities, the local governing bodies
have waived the in lieu payment. The City of Kearney created the Kearney
Housing Authority and would have the authority to waive that tax. She knows of
several communities that have waived it, but they have never asked the City of
Kearney to waive it partially because they have diversified a little even with
the shortfalls and have been able with their management contracts to be
diversified. Until July 2006, all housing authorities were required to pay
sales tax. Nebraska was only one of the seven states in the United States that
were required to pay sales tax. Due to the efforts of Senator Brown and
Senator Johnson, the sales tax exemption passed effective in July 1, 2006.
This was wonderful especially in light of the reduction of the federal
subsidies.
Mayor Hadley commented that it
bothered him, that the Housing Agency is required to pay $20,000 in taxes when
they are scrambling to subsidize meals for their residents. He believed that
if they are exempt from sales tax, the argument could also be made that they
should be exempt from in lieu of property tax. He suggested the Council might
want to look at that the next time they do the budget. Ms. Wiseman said that
she appreciated his concern.
Council member Clouse stated they
should keep in mind that the funds go to the County and then the same
percentage of the taxes comes back to the taxing entities. Ms. Wiseman stated
that the Council would be the ones to say if the tax is waived or not as the
local governing body that created them. If they do so, they might have school
districts that would be upset by that because they receive the greater share of
Kearney’s taxes. Mayor Hadley believed it was worthwhile for staff to look at
what is happening around the state of Nebraska regarding this tax.
Moved by Kearney seconded by Clouse
to accept the Kearney Housing Agency Annual Report submitted by Elaine Wiseman,
Executive Director. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter,
Lear, Clouse. Nay: None. Motion carried.
CITY OF KEARNEY SMOKING POLICY
Mayor Hadley opened for
discussion the report from Council members Clouse and Buschkoetter on the City
of Kearney Smoking Policy.
Council members Clouse and
Buschkoetter presented this matter to the Council. Council member Clouse stated
that they have compiled all the information gathered at the public meetings
that have been held. Since this is a report to the Council, they were not
requesting any action at this time and would come back in the future to make a
decision. They captured the pros and cons expressed and perspectives held by
the various interest groups. As a result of these meetings, they have gotten
input from the business sector, from the Buffalo County Tobacco Free Coalition,
UNK students and the public at large. The have put together an action plan of
some things we need to be doing as an ongoing part of this process. They submitted
a suggestion to the League of Municipalities Legislative Committee to be
considered at the Legislative Committee meetings.
Council member Clouse stated that
he and the Assistant to City Manager would be attending that meeting on
September 27th. They hope to get a feel what the other Class I cities in the
state are considering and what they are presently doing. At the meeting they
will attend, the League of Municipalities will be going through some of the
history of the legislature and present some of the information that has been
compiled at the legislature dealing with this issue in the past couple of
sessions. This is a big piece of the plan that has now been started.
Through the Chamber of Commerce
several business and bar owners have indicated that they would like an
opportunity to work on this and provide some type of compromise solution. One
of their issues is that they want to be part of working on the compromise. The
Chamber has agreed to take that on and see if they can put together some type
of compromise.
There are some options to be
considered in the future: 1) accept the report with no action; 2) place a
partial ban on a future ballot based on input with the business
community and through the help of the Chamber; or 3) place a full ban on a
future ballot. He encouraged them to look at the information and bring it back
in a month or so and discuss what direction they want to go with this.
Council member Buschkoetter
stated there are law suits pending in Omaha with their ban and Lexington has it up for a vote in that community. There are a lot of things going on bans
and proposed smoking ban around the state. The Buffalo County Tobacco Free
Coalition has taken a wait and see attitude. They want to be prepared before
taking any action. One of the things that impressed him is that everyone has
an opinion about this issue. The business and hospitality groups have been
trying to bring together a proposal, as well as the Coalition, and they have
been very respectful of each other’s positions. It is very difficult to reach
a middle ground. When he and Council member Clouse had their meetings, they
talked about doing things the “Kearney way” with discussing and negotiating and
trying to work out their difference. This issue is going to put that idea to
the test in trying to come up with some middle ground. The more they dig into,
the stickier the issue becomes. It is a matter of rights and both sides believe
that they have rights that need to be defended.
Council member Clouse addressed
the question about the Omaha litigation. The Omaha Council passed a ban with a
window of five years to enforce a total ban. It is being challenged as to why
some businesses were exempted and others were not. Council member Buschkoetter
stated the way the State Constitution is written; communities might not be able
to give more protection to a business that does not serve food versus one that
does. He believed that eventually the Nebraska State Supreme Court will need
to decide what the options will be. Council member Clouse stated the question
remains even if the State Supreme Court approves that there can be a middle
ground, can we reach that agreement with our business and hospitality groups in
Kearney?
Council member Clouse stated that
his personal recommendation is that he would like to see some milestones and agree
on some certain dates by which we either take action or decide not to act. He
wants to have some closure to it, so the citizens know what direction the
Council is leaning.
Mayor Hadley asked about Lincoln. Council member Buschkoetter stated Omaha and Lincoln have the same ordinance and
their compromise is the delay of the five years for certain types of
businesses. Mayor Hadley commented on businesses that have a total ban such as
Good Samaritan Hospital and UNK and asked why the compromise would be
necessary for the bar and restaurant business. Council member Clouse stated
that the bar business is a little different, such as a mom and pop bar that has
cliental who want to smoke while they are there. The question would be - ”is it
right that someone who never goes in there can dictate to them what they can or
can’t do?” Council member Buschkoetter stated he believed there are four or five
businesses in Kearney that would have a tough go of it if they lost their
cliental because they did not allow smoking. Mayor Hadley commented that the
City did not tell UNK or GSH to be smoke free; it was done on a volunteer
basis. Council member Buschkoetter stated another difference is that Kearney only has one hospital in town, but with the hospitality industry there are many businesses
to choose from.
Council member Clouse stated that
when he presented this to private clubs stating they are a small group, they
could implement the change; they replied they probably could not get it done.
He posed the question, should the City be responsible for making the change?
He said in the notes they gathered that there are strong opinions that private
clubs should not be exempted because they do compete in the food and
hospitality business. Council member Buschkoetter stated that might not be an
option after the law suit in Omaha providing it goes to the State Supreme
Court.
City Attorney Mike Tye stated
that the appeal process could take several years, if it gets appealed. His
understanding is they were trying to get the court in Omaha to issue an
injunction enjoining implementation of Omaha’s ordinance but the judge denied
that request. They are litigating it based on the constitutional grounds of
equal protection, etc. Council member Clouse believed that should not hinder
their decision based on that, it is just one of the items to keep an eye on for
now.
Mayor Hadley stated the Council
should take some time to review the report and come back and give some
direction as to where they want to go with this issue. Council member Clouse believed
there is enough interest in this topic that our citizens need to know where
they are headed as a Council with this topic.
CARRYING CONCEALED WEAPONS
Mayor Hadley opened for
discussion the local regulations concerning carrying concealed weapons. The
Council has had time to consider this matter and City staff is looking for
direction. The League of Nebraska Municipalities has been asked to establish a
committee of appointed and elected officials, including police and city
attorneys to evaluate concealed carry from a law enforcement perspective and to
draft and introduce amendments to the statute that create uniform protocols and
enforcement across Nebraska.
Council member Clouse stated this
item has also been presented to the Legislative Committee of the League of
Municipalities. Included in the packet to the Council was information and
notes that was handed out in one of their more recent meetings on this topic.
The City of Norfolk made the recommendation to put this working group
together. As they heard in some of the previous discussions, not everyone is
comfortable with how the state law is written. The League of Municipalities
made the suggestion that we bring our communities and cities together with our
local law enforcement and local City leadership and draft some changes or
modify the existing law because not everything is wrong with it.
They need to identify those concerns
that they cannot live with or things that they believe need to be adjusted and
cleaned up. They will then take those concerns back to the Legislature and say
these are the areas that need to change. Council member Clouse stated that his
opinion is that Kearney needs to be a participant with the League of
Municipalities on this. Kearney is one of the leading first class cities in
the state and should assume a leadership role.
The Council has heard from Police
Chief Dan Lynch and he has some very definite opinions on some of the items in
the state law. He believes that Kearney needs to work with the League and work
towards some conclusion about what changes need to be made so that we have a
state law we can live with. The options that the City of Kearney has are: no
change, study further, or repeal the Code. If we participate with the League
of Municipalities effort, should we do that under our existing ordinance or
should we change the ordinance or simply take no action?
Mayor Hadley stated since the
League is looking at amending the current legislation and assuming Kearney wants to have a concealed weapons law, we would work with them to have the best
concealed weapons law possible. He is not ready to vote for a concealed
weapons law in Kearney.
Council member Kearney stated
that he and his wife live in Kearney because it is a safe place to live. He
supports the local police and fire departments. Police Chief Dan Lynch had previously
made some good points. The people he has talked to are split about 50-50 on
this issue. He prefers to leave our ordinance the way it is until the state
law gets amended or changed to be more compliant with what he believes is unreasonable.
The fact that someone can get a concealed weapons permit and might have a
restraining order against them or anything short of a felony is wrong.
Council member Buschkoetter
stated that he believes that LB454 is willfully flawed. He thinks they need to
start from scratch. His experience has been that it has not been 50-50 with
the people he has talked to about this. He has only had two of the forty
people he has talked to be in favor in the concealed weapons law in Kearney. Regardless of how many cities have the concealed weapons law, any business can
put up a sign that says “no guns allowed inside” and it is not going to be uniform
regardless of what the League of Municipalities does or what changes the state
might make to their law. He understands why the League wants to have some sort
of uniform policy within municipalities, but on one side of the street you can
carry and on the other you cannot. He did not think it is possible to have any
kind of uniform protocol or system. He also believed that if we participate in
the amendment process that would imply the City would go with that state law
once rewritten and he did not believe that is the direction Kearney should go.
Council member Lear stated that
in the end, he would probably defer to Chief Lynch and the input he has given.
The public input he has received has been overwhelmingly in favor in keeping
the ban that we currently have. There is no question there are some flaws
within that state legislation. On the other hand, what we are talking about are
law abiding citizens who want to go through the process of obtaining a license
by attending the training. Those are not the people who are probably going to
be the problem. The people in the community who are going to be the problem
are those who do not believe the need to get the license. It is going to have
a significant affect on our community. The vast majority of input that he has
had from people in the community is to defer to what Chief Lynch has said.
According to research information he read, studies have shown that areas that
have enacted concealed weapons have had decreased crime. Because Kearney does not have a high crime rate, these studies are not really relevant to our
community. He did not feel an immediate need to change our ordinance.
Council member Clouse stated that
he has heard passion from people on both sides of the issue. He agreed with
Council member Buschkoetter that regardless of the state law, we must decide
what we want to do here in Kearney. There can be the best scripted state
statute, but are we going to deny our citizens something they can achieve that
is permissible anywhere in the state? He does not see where this would turn Kearney into a free for all. He believed that if law abiding citizens decide that is
something they want to do; he did not have a problem with changing the
ordinance and allowing that to happen. The ones that we are worried about are
going to do what they want anyway.
Mayor Hadley stated one of the
arguments he has been hearing is since the state passed a law, why would Kearney not conform to the state law? His argument to that is just because the state
passes a bad law why should Kearney pass the appropriate bad law. He thought
we would be sending the message that if we are willing to work with the League
of Municipalities to make this a good state law; we would be willing to change
our ordinance to conform to that law that we helped draft. He believed that
“amend” is the key word here. When you amend something you are improving the
general concept and wanted to know if that is the general concept the Council
wants to send.
Council member Buschkoetter stated
we are keeping with state law because it allows cities to make this decision. If
they go with option 2, which is to work with the League of Municipalities, one
thing that he would request is to allow cities the ability to exclude municipalities.
He did not believe that is the direction that the League wants to go. He hoped
that anything the League does will include leaving local control up to
municipalities.
Council member Clouse stated that
this is a local control issue. We can pick and choose over what we want to
have local control over. He asked if we are not going to change our ordinance,
is there any need to participate with the League of Municipalities in their
process?
Council member Kearney stated he
wanted to leave the ordinance as it stands. He is in favor of option 1, to do
nothing.
Council member Lear stated he did
not think there is anything that prohibits them from continuing to influence
laws in the state of Nebraska to work better for the vast majority of people in
the state. He thinks that our basic justification for not changing our
ordinance is in part that we do not like the law and in part we do not think it
is right for the community. He believed that at the same time, we can take a
role in expressing this is what we see wrong with the current policy and be an
effective part of attempting to change that as we see appropriate. In all
phases of life, we work within systems, polices and processes that we do not
like or might think are wrong, but still do our best to make them work as well
as possible.
Mayor Hadley commented that Council
member Lear’s statement makes sense to him. The League of Municipalities could
take the stand that cities can make their own ordinances. He would be
concerned, however, about how the person from Kearney would represent the views
of Kearney. He believed they should be at the table because we are a player.
City Manager Michael Morgan stated
that Chief Lynch would somewhat struggle with making the law better because he
is opposed to the concept of the state law. Secondly, he believed there is
plenty of influence and interest in the majority of cities that do not have a
local ordinance of how to improve the current law. He did not know if we are
going to add a lot to the discussion. Amber Brown and Stan Clouse are on the committee
for the League of Municipalities and so they can watch and see what is
happening in the process and if there are issues that we believe need to be
raised, to go ahead at that time.
Council member Buschkoetter stated
as an elected official of the City of Kearney, he is glad we have the ability
to say that we do not want concealed weapons in our community. If that is a
perspective that is not being presented to the League of Municipalities, he
would hope that we would let them know.
City Manager stated that he is
not sure that this is an issue that the League is going to look at. It could
be as the state moves along in this process, the state might try to limit the
local controls. It is helpful to have direction that the Council wants to
achieve, but also difficult when we are not sure where the legislature is
heading.
Council member Clouse stated he
is not in total agreement with everything discussed so far. He thinks there
are a lot of law abiding citizens who should be permitted to follow the state
law and be able to carry. He does not have a real problem with repealing the
City ordinance. He believed that our position needs some work, but he has a difficult
time telling law abiding citizens that something that has been approved by our
legislature is not permitted here.
City Manager suggested a position
paper from the governing body. As a majority we are not changing our current
ordinance, but if the state law were to change these are the areas of concern that
we suggest that the state would evaluate. It could go on to state, even with
these things we have expressed to make it better, we are still not convinced
and would not consider changing our ordinance in Kearney. We could state that
we would like to see local control maintained. This position paper would be a
formal way of giving them input without feeling like we are committing
ourselves.
Council member Lear stated we
need to reflect on the facts as they are; we have an ordinance in place, we do
not have a motion pending to repeal that ordinance which he believes speaks for
itself. If we had a motion pending to repeal our ordinance, we could vote on
it. In absence of a motion, we do not need to take any action at this time.
Other council members agreed.
GEOGRAPHICAL INFORMATION SYSTEM
(GIS)
Michelle Hill, GIS Coordinator,
presented this matter to the Council. She went through all the capabilities
the GIS map can do. This will be available to the public on October 4, 2006 by
going to the City’s website.
OPEN ACCOUNT CLAIMS: NEBRASKA
PUBLIC POWER DISTRICT - $80,025.44; FREMONT NATIONAL BANK - $27,545.46; PLATTE
VALLEY STATE BANK - $34,426.00
Moved by Buschkoetter seconded by
Hadley that Open Account Claims in the amount of $80,025.44 payable to Nebraska
Public Power District, in the amount of $27,545.56 payable to Fremont National
Bank, and in the amount of $34,426.00 payable to Platte Valley State Bank be
allowed. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Kearney.
Nay: None. Clouse and Lear abstained. Motion carried.
VII. REPORTS
UPDATE ON 38TH STREET AND 2ND
AVENUE
Director of Public Works Rod
Wiederspan stated that they have the design plan for the intersection and are
out for bids with select contractors that have time to do it. They hope to get
those bids back and start on this yet this fall. The state has signed off or
agreed to the design that was presented during the public meeting.
UPDATE ON 2ND AVENUE OVERPASS
Council member Clouse stated he
had been asked about the approaches to the 2nd Avenue Overpass, it still seems
like it was not taken all the way down to the bottom of the overpass. He
noticed in Columbus that they redid their overpass and they did the same
thing. It looks like it starts at a certain point up on the approaches. Director
of Public Works responded that the bridge deck itself has been resurfaced. On
the approaches coming up to it, they removed the areas that were bad and patched
those, but left most of the concrete still there. Although it is not very
attractive, ride quality is fairly good. It was probably not the ideal fix
that they wanted to see, but it will give us a structure that is sound for 20
years or more. This is all the state would commit to do on this project. Originally,
the state proposed just to asphalt it, but the City would rather remove and
replace the bad concrete as opposed to putting asphalt over it. When they are
completely finished, the City will paint all the railings black to match the
light poles. There will not be any chain link over the top like 30th Avenue
and Avenue N. If they had totally redone the overpass, it would need to meet
those standards. Since we were just resurfacing it, we were allowed to leave
the guard rails that are there.
UPDATE ON DOWNTOWN
Assistant to City Manager Amber
Brown pointed out that the large pylons that are located at the corner of
Central Avenue and 25th Street and by the Library parking lot, have been
repainted by the Public Works staff which saved the downtown some money. There
is an order being placed for signs with the new logo “Downtown Kearney – The
Bricks”. They have replaced the windows on the south side of the Kaufmann
Centre and they are ready to start the windows on the front, get a new awning
and some historic signage to complete the look.
VIII. ADJOURN
Moved by Hadley seconded by Kearney
that Council adjourn at 8:30 p.m. Roll call resulted as follows: Aye: Hadley,
Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
ATTEST: GALEN
D. HADLEY
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK