Kearney, Nebraska
April 8, 2003
7:30 p.m.
A meeting
of the City Council of Kearney, Nebraska, was convened in open and public
session at 7:30 p.m. on April 8, 2003, in the Council Chambers at City Hall. Present were: Bruce
Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council
Members Randy Buschkoetter, Don Kearney, and Jose Zapata. Absent: Galen
Hadley. G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John
Prescott, Assistant City Manager; Wendell Wessels, Director of Finance and
Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan,
Director of Public Works were also present. Some of the citizens present in the
audience included: Kellie Abood, Laurie Johnson, Jen Myers, Jane Haney, Staci Kratzer,
Dave Mead, L.D. Glatter, Jim Tacha, Don Carpenter, Ken Tracy, John Sydow, John
Bancroft, Joe Krepel, Scott Hayden, Neal Lewis, Bruce Grupe, Mike Konz from
Kearney Hub, Billy Boyer from KGFW Radio, Mike Cahill from KKPR Radio.
Notice of the meeting was given in advance thereof by
publication in the Kearney Hub, the designated method for giving notice, a copy
of the proof of publication being attached to these minutes. Advance notice of
the meeting was also given to the City Council and a copy of their acknowledgment
or receipt of such notice is attached to these minutes. Availability of the
Agenda was communicated in the advance notice and in the notice to the Mayor
and City Council. All proceedings hereafter shown were taken while the meeting
was open to the attendance of the public.
I. ROUTINE
BUSINESS
INVOCATION
Reverend Tom Hanson from St. Luke’s Episcopal Church
provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scout Matthew Jensen led the Council members and
audience in the Pledge of Allegiance.
RECOGNITION – MAX GINTZLER
Mayor Blankenship and Council Members recognized Max Gintzler
for 5 years of service with the Kearney Volunteer Fire Department. There were
each presented a plaque.
ORAL COMMUNICATIONS
There was no Oral Communications; however, Bobby Turner from
Turner’s Body Shop stepped up to the podium and expressed a concern about the
towing contract. Mayor Blankenship explained to Mr. Turner that he was out of
order since he did not properly notify the City Clerk that he wanted to address
the Council.
II. UNFINISHED
BUSINESS
There was no Unfinished Business.
III. PUBLIC
HEARINGS
CDBG – ST. LUKE’S GOOD SAMARITAN VILLAGE
Mayor Blankenship opened the public hearing on the application to the Department of Economic Development for a
Community Development Block Grant in the
amount of $355,000.00 for the construction of a daycare center by St. Luke's
Good Samaritan Village and to consider Resolution No. 2003-45.
Assistant City Manager John Prescott presented this matter
to the Council. St. Luke’s Good Samaritan Village would like to construct a
new child care facility to replace their current building. Currently, St.
Luke’s operates a child care facility on the first floor of a three story
building at 2400 E 32nd
Street constructed in
the 1890s. St. Luke’s would like to apply for a Community Development Block
Grant to help with the cost of construction.
St. Luke’s Good Samaritan Village plans to build a 5800
square foot facility on property already owned by the organization. The City
is asked to apply for a $350,000 CDBG award to help finance the cost of
construction. The total anticipated cost of the project is $789,650. St.
Luke’s Good Samaritan through donations and other grants will raise the balance
of the funding. The City of Kearney will
not be committing any funds to this project.
The City’s involvement will be to receive CDBG funds and
disperse the amounts. If the grant is awarded, the 2003-04 budget will need to
reflect the pass-through of the CDBG funding. The City would be eligible to
use the Administration funding for any audit costs related to the grant passing
through the City’s accounts. The City will also be providing a certified CDBG
administrator which the State requires to award the funds.
Jen Myers, 1514 11th Avenue,
is the Administrator for St. Luke’s Village. She stated their proposal is to
build a daycare building if this grant is approved. Basically, they manage a
daycare for 80 children in a 100+ year old building and do a wonderful job, but
the building is showing its age. The plumbing and roof are bad and there is no
room to expand because only the first floor is usable and there is no room to
expand. The plan would be to build a new building to expand their services on
the vacant lot on the west side of the nursing home. They want to secure these
funds to build this facility and expand their services to care for more than
the 80 children presently in their care.
Staci Kratzer, 916 11th Avenue, stated that she is also a parent who uses St. Luke’s for
her two children. She believes that their program is very strong. With the new
building, the teachers will have better equipment and the children will have
better surroundings and the program will be even stronger. She is strongly in
favor of this project as a parent and also as an employee that works at the
nursing home.
Council Member Kearney stated that the City’s involvement
would be only to transfer the funds due to the laws regulating these grants.
There would be no actual City funds involved.
Mayor Blankenship stated that he is pleased that this grant
is available to provide a much needed service in this community. He stated
that they have a long record of service in this community and this will serve
to enhance this service for years to come.
Council Member Buschkoetter stated that both of his children
have gone through St. Luke’s. They have been very happy with their service and
are familiar with the project through the parents group. He is very optimistic
that this will be approved because the quality of service has been outstanding.
There was no one present in opposition to this hearing.
Moved by Kearney
seconded by Buschkoetter to close the hearing and approve the application to the Department of Economic Development for a
Community Development Block Grant in the
amount of $355,000.00 for the construction of a daycare center by St. Luke's Good Samaritan Village and approve Resolution No. 2003-45.
Roll call resulted as follows: Aye: Blankenship, Kearney, Zapata, Buschkoetter. Nay: None. Hadley absent. Motion
carried.
RESOLUTION NO. 2003-45
WHEREAS, the City of
Kearney, Nebraska, is an eligible unit of a general local government authorized
to file an application under the Housing and Community Development Act of 1974
as Amended for Small Cities Community Development Block Grant Program, and
WHEREAS, the City of
Kearney, Nebraska, has obtained its citizens' comments on community development
and housing needs; and conducted public hearing(s) upon the proposed
application and received favorable public comment respecting the application
which for an amount of $355,000 for construction of a child care facility and
general administration.
NOW, THEREFORE, BE IT RESOLVED by the President
and Council of the City of Kearney, Nebraska, The
City Council of the City of Kearney, the Mayor be authorized and directed to
proceed with the formulation of any and all contracts, documents or other
memoranda between the City of Kearney and the Nebraska Department of Economic
Development so as to effect acceptance of the grant application.
PASSED AND APPROVED THIS 8TH DAY OF APRIL, 2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
IV. CONSENT
AGENDA
Moved by Buschkoetter seconded by Zapata that Subsections 1
through 6 of Consent Agenda Item IV be approved. Roll call resulted as follows:
Aye: Blankenship, Zapata, Buschkoetter, Kearney. Nay: None. Hadley absent. Motion carried.
1. Approve Minutes of Regular Meeting held March 25, 2003.
2. 3M MDY9704 $1,130.00 Various; Ace Hardware
$100.70 Various; Acushnet $237.06 Inv; Adams Co Sheriff $61.47 Equip; Advance
Auto Parts $14.64 Inv; AFLAC $1,703.98 Ded; Alltel $2,540.68 Various; Americinn
of Spencer $452.28 Tr; Amerimark Direct $210.24 Su; AMS $585.07 Rep; Anderson
Outdoor Power $825.71 Various; Arrow Tank $148.31 Rep; Ashbrook $514.92 Rep;
Auto Glass Center $220.25 Inv; Autodesk US $222.53 Su; Baker & Taylor
$1,778.15 Bks; BBC Audiobooks $232.38 Bks; Benson, G $15.00 Su; Best Access
$82.67 Su; Big Flag $556.27 Inv; Bob's Super Store $4.25 Su; Books on Tape
$172.40 Bks; Bound to Stay Bound Books $350.00 Bks; Bruha, S $15.00 Reim;
Bubble Factory $201.85 Su; Budget Rent-A-Car $590.97 Tr; Buffalo Co District
Court $129.00 Ded; Buffalo Co Sheriff $84,007.00 Serv; Buggy Bath Car Wash
$8.00 Rep; Builders How-To-Warehouse $4,535.82 Various; Canada Life Assurance
$2,240.85 Ded; Canal Bank Assoc $152.60 Rep; Capstone Press $163.62 Bks; CDW
Government $688.63 Various; CED/American Electric $1,007.64 Various; Central
Fire & Safety $26.25 Rep; Central Hydraulic System $543.65 Various; Central
NE Bobcat $16,622.66 Various; CHAD $4.00 Ded; Charter Communications $43.55 Serv;
Charter Media $800.00 Adv; Charter Paging $21.41 Serv; Chevron $35.54 Tr; City
of Ky $123,145.99 Various; College Savings Plan $245.00 Ded; Compass Point
Books $313.60 Bks; Computer Hardware $99.95 Equip; Computer Pros $1,364.08
Capital Imp; Computer Warehouse #4 $31.00 Equip; Control Masters $2,280.00 Rep;
Cook, R $1,200.00 Site Lease; Copy Cat Printing $24.04 Su; Cordova, T $1,240.00
Tr; Cornhusker Hotel $462.23 Tr; Corp Diversified Services $101,155.81 Various;
Creative Company $177.88 Bks; Crossroads Ford $3,701.13 Various; Culligan
$265.48 Various; D&M Security $222.50 Rep; Dannehl's Feed $54.00 Su; Diamond
Vogel Paints $38.16 Inv; Discount Tools $299.99 Tools; Dobberstein Roofing
$6,762.60 Serv; Don's Pioneer Uniforms $502.30 Cla; Double M Farms $2,000.00
Composting; Dowling, J $17.25 Tr; Eakes Office Plus $1,060.31 Various; Earl May
Garden Center $37.00 Su; Ecolab $26.00 Su; Eileen's Colossal Cookies $11.00 Su;
Eirich, T $40.00 Reim; Elliott Equipment $1,987.81 Various; Elvin Safety Supply
$748.87 Rep; Engels, D $239.13 Tr; Envirotech $8,898.86 Su; Epson Store $208.40
Su; Expression Wear $233.00 Incentives; Fairbanks Int'l $1,380.56 Various; Fastenal
$873.18 Various; Faz, A $2.35 Tr; Fedex $239.36 Pstg; FIMCO/Schaben $80.99 Inv;
Flynn, B $15.00 Su; Fred Prior/Careertrack $376.80 Tr; Fremont Nat'l Bank
$33,260.39 Ded; Frontier $762.20 Various; Gale Research $189.02 Bks; Galls'
$161.93 Su; Glendenning, P $19.00 Reim; GovConnection $34.95 Su; Graham Tire
$468.18 Inv; Grainger $126.24 Su; H&G Cleaners $264.57 Serv; H&H
Distributors $308.50 Su; Hach $824.75 Rep; Hall Signs $598.56 Rep; Har WB
Saunders $184.98 Su; Heil $412.80 Inv; Heiman Fire Equip $1,002.05 Various;
Heinemann Library $71.19 Bks; Hobby-Lobby $21.55 Su; Holmes Plbg $1,892.82
Various; Home Depot $52.02 Su; Hometown Leasing $206.00 Rep; Howard's Glass
$136.00 Bks; Huffy's Airport Windsocks $16.12 Rep; Hyatt Hotels Grand $437.98 Tr;
ICMA RC $2,419.13 Ded; Image Watches $392.70 Su; IRS $77,720.58 Ded; Interstate
Structures $189,014.02 Serv; Jack Lederman & Co $15.20 Su; Jacobsen, Orr,
Nelson $71.25 Serv; Johnson, A $107.05 Tr; Junior Library Guild $99.00 Bks;
K&K Parts $548.18 Inv; Ky Area Chamber of Commerce $2,013.00 Various; Ky
Area Solid Waste Agency $62,685.25 Tipping Fees; Ky Area United Way $573.58 Ded;
Ky Centre Assoc $6.50 Reim; Ky Concrete $3,072.90 Serv; Ky Cycling $50.00 Rep; Ky
Glass $65.00 Various; Ky Implement $9,098.22 Various; Ky Tire & Auto
$145.88 Inv; Ky Whse $166.84 Su; Ky Winlectric $14.77 Su; Ky Winnelson $314.39
Inv; Ky Yamaha $146.74 Rep; Kidwell Tech $2,862.52 Serv; Killion Motors
$1,451.44 Various; Koetters, J $791.50 Tr; Krepel, J $82.11 Tr; Kuykendall, J
$781.15 Tr; Kyocera Wireless $93.68 Equip; L&W Service Center $1,514.70
Various; Lab Safety Supply $167.45 Tools; Lang, L $500.00 Tr; Laser Art Design
$230.00 Su; Lasertec of NE $52.50 Su; Lawson Products $190.09 Inv; LCL Truck
Equip $831.00 Equip; Lerner Publishing $84.08 Bks; Library Book Selection
$898.41 Bks; Lifeguard Store $116.00 Su; Lincoln Journal Star $66.62 Adv; Linweld
$100.97 Various; Lisa's Instant Print $318.00 Su; Lovely Baby Music $64.95 Bks;
Mail Express $63.48 Pstg; Making Fire $598.00 Su; Marchand, M $109.81 Tr;
Marriott $230.05 Tr; Martinosky, M $60.00 Reim; Marushak, B $14.44 Cla;
McLaughlin, S $200.00 Ins; Meteorlogix $1,428.00 Serv; MGS Tech. $125.01 Equip;
MidAmerica Pay Phones $100.00 Serv; Midlands Contracting $200.00 Rental;
Mid-Nebraska Aggregate $209.07 Su; Miller & Assoc $137,060.82 Serv; Miller
Signs $588.00 Various; Modale C-ST $36.35 Tr; Moffett, R $200.00 Rep; Mossbarger,
B $200.00 Ins; MPLA $63.00 Various; Mr. Automotive $1,911.87 Various; Municipal
Supply $54,355.13 Inv; NAPA $1,685.99 Various; Nat'l Paper Supply $209.47 Su;
Nat'l Waterworks $9,346.49 Inv; Nat'l Recreation & Park $420.00 Dues; NE
Child Support $1,365.18 Ded; NE Dept of Revenue $22,957.48 Ded; NE Furniture
$258.99 Equip; NPPD $46,084.77 Serv; NE Truck Center $41.18 Inv; NEland
Distributors $284.50 Su; Networks Plus 2002 $445.00 Serv; Newman Traffic Signs
$356.88 Signs; Newman's Sharpening $8.00 Serv; NLA Public Library Section
$30.00 Tr; Nogg Chemical $346.26 Inv; Northern Safety $153.81 Su; Northgate
Veterinary Clinic $61.00 Serv; Northwest Electric $33.59 Rep; Northwestern
Energy $6,674.41 Serv; OCDEFT $95.00 Tr; Office Depot $1,503.06 Su; Office Max
$576.93 Various; Officenet $1,891.06 Various; Olsen, C $17.25 Tr; O'Reilly $145.98
Inv; Oriental Trading $129.86 Su; Orscheln Farm $214.10 Various; Owen, K
$187.20 Serv; Patterson, B $57.39 Pstg; PC Shade $34.90 Su; Pesticide
Applicator $30.00 Su; Pet Kingdom $7.96 Inv; Physician's Desk Reference $59.95
Su; Pitney Bowes $331.25 Pstg; Pizza Hut $55.32 Su; Platte Valley Comm
$1,256.95 Serv; Police Officers Assoc of Ne $490.00 Dues; Preferred Mail
$101.06 Pstg; Presto-X $45.00 Rep; QA Balance $90.00 Rep; Radio Shack $127.96
Su; Radisson Hotels $446.96 Tr; Railroad Controls $3,312.14 Rep; Rdbldg Machine
$798.20 Inv; Reams Sprinkler Supply $660.02 Su; Recognition Unlimited $8.90 Su;
Recorded Books $879.90 Bks; Recreonics $37.49 Su; Red Hill General $27.94 Rep;
Region 112 American Backflow $60.00 Tr; Ritter, M $45.00 Reim; Riverside Animal
Hospital $1,029.25 Serv; Rocky Mountain $28.47 Su; Rourke Publishing $436.60 Bks;
SA Foster Lumber $77.97 Su; Saathoff, J $113.01 Tr; Sahling Kenworth $259.53
Inv; Salix Total $34.00 Tr; Schall, J $31.25 Reim; Schloss Engineered Equip
$840.19 Rep; School Dist #7 $1,788.35 Remittance; Sears $104.74 Various; See
Clear Cleaning $1,800.00 Serv; S-F Analytical Lab $645.00 Serv; Shell Oil
$24.83 Tr; Sherwin Williams $123.74 Rep; Shirt Shack $764.10 Su; Sign Center
$40.00 Su; Signature Fencing $161.99 Su; Smithsonian Palm Coast $24.00 Bks;
Snap-On Tools $169.95 Tools; Sporting Edge $68.00 Su; Springer Roofing
$2,240.00 Rep; Sprint $101.50 Serv; State of NE DAS Comm $26.44 Serv; STMA
$130.00 Dues; Super Shine Auto Wash $34.00 Serv; T&B Cleaning $1,100.00 Serv;
T/L $85.43 Bks; Target $8.50 Rep; The Law.net $395.00 Su; Tollefsen Elliott
Lumber $1,116.30 Various; Tomark Sports $341.36 Su; Tool Doctor $27.50 Rep; Top
Hat Furniture $209.99 Equip; Tractor Supply $577.80 Various; Trembly, M $94.14 Tr;
Tri-City Arena $330.00 Rental; Turner Body Shop $690.50 Rep; Uline $17.04 Su; Ulverscroft
Large Print $464.01 Bks; Underground Const $490.00 Serv; Union 76 $12.73 Tr;
United Air $467.50 Tr; USA Blue Book $76.76 Inv; USPS $1.98 Pstg; Van Diest
Supply $2,812.11 Su; Village Cleaners $919.04 Various; Villager Courtyard
$64.90 Su; Viter, T $130.00 Tr; Vogt, C $104.49 Tr; Walmart Supercenter
$1,006.91 Various; Wilke Donovans True Value $203.41 Various; Wittek Golf
Supply $517.64 Su; World Cycling $107.40 Bks; Xerox $341.63 Serv; Ziemba
Roofing $140.00 Rep; Payroll Ending 03-22-2003 -- $223,848.30. 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. Approve Agreement for Purchase of Power with
Dawson County Public Power District to provide three-phase power to run a pump
in an existing groundwater well at the Kearney Area Solid Waste Agency Landfill
and approve Resolution No. 2003-46.
RESOLUTION NO. 2003-46
WHEREAS, at the time the Kearney Area Solid
Waste Agency Landfill was being constructed, a well was constructed in order to
provide water for the purpose of increasing the moisture content in clay soils
being used to construct an impermeable liner in the landfill cells; and
WHEREAS, at the time of construction of the
Landfill, the contractor used a generator to power a temporary pump; and
WHEREAS, Administration has recommended the
installation of electricity and a permanent pump in order to use a 3,000 gallon
truck mounted spray tank to control dust, add moisture to expedite composting
and for limited fire protection; and
WHEREAS, Dawson County Public Power District
requires an Agreement for Purchase of Power in order to provide electrical service
to the Landfill; and
WHEREAS, the Kearney City Council finds that it
is in the best interests of the City to approve and execute said Agreement.
NOW, THEREFORE, 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 for Purchase of Power
with Dawson County Public Power in order to secure electrical services to the
Landfill, a copy of said Agreement, marked Exhibit “A”, is attached hereto and
made a part hereof by reference.
PASSED AND APPROVED THIS 8TH DAY OF APRIL, 2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
4. Approve the request from David Crook, Fund Raiser
Chairperson, Holy Cross Lutheran Church to paint addresses on the curbs in front of homes during
the spring/summer of 2003.
5. Approve the request from Kearney Centre
Association to block off Central
Avenue from 21st Street to 22nd Street on May
3, 2003 from 6:00 a.m. until 3:00 p.m. for “Breakfast on the Bricks”.
6. Approve the application for a Special Designated
License submitted by DOUGLAS HOOS, dba “Tubs Pub” in connection with their
Class C/K282 Liquor License to dispense beer, wine and distilled spirits in the
Ag Pavilion at the Buffalo County Fairgrounds, 3807 Avenue N, on May 3, 2003 from 3:00 p.m. until 1:00 a.m. for a wedding dance.
V. CONSENT
AGENDA ORDINANCES
None.
VI. REGULAR
AGENDA
2003 PART I IMPROVEMENTS – AWARD BID
Mayor Blankenship opened for discussion the bids received
for the construction of the 2003 Part I Improvements consisting of
Paving Improvement District No. 2002-868 for 39th Street from 22nd
Avenue to 30th Avenue and to consider Resolution No.
2003-47 awarding the bid to Blessing, Inc. in the amount of $765,648.50.
Dave Mead from Miller & Associates presented this matter
to the Council. As part of the 2002 Long Range Goals, Budget process, and the
current One and Six Year Street Plan, the City Council approved Paving
Improvement District No. 2002-868 (39th Street from 22nd
Avenue to 30th Avenue).
Sealed bids for the 39th Street project were received on Tuesday, March 27, 2003 at 2:00 p.m. The
following three (3) bids were received:
Blessing, LLC $765,648.50
Diamond Engineering $848,087.20
Paulsen, Inc $849,152.00
All proposals have been reviewed. No errors, omissions, or
exceptions were noted. The work is scheduled to be done within 150 consecutive
calendar days and also additionally be substantially complete on or before November 1, 2003.
The Engineer’s Opinion of Probable Construction Cost was
$978,019.00. The low bid from Blessing, LLC is 21.7% below the Engineer’s
Opinion of Probable Construction Cost.
Moved by Zapata seconded by Blankenship to approve the bids
received for the construction of the 2003 Part I Improvements consisting
of Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to
30th Avenue and approve Resolution No. 2003-47 awarding the bid to Blessing,
Inc. in the amount of $765,648.50. Roll call resulted as follows: Aye:
Blankenship, Buschkoetter, Kearney, Zapata.
Nay: None. Hadley absent. Motion carried.
RESOLUTION
NO. 2003-47
WHEREAS, Miller & Associates Consulting
Engineers have reviewed the sealed bids which were opened on March 27, 2003, at
2:00 p.m. for the 2003 Part I Improvements consisting of Paving Improvement
District No. 2002-868 for 39th Street from 22nd Avenue to 30th Avenue; and
WHEREAS, the Engineer’s Opinion of Probable
Construction Cost for the project was $978,019.00; and
WHEREAS, the said engineers have
recommended the bid offered by Blessing, LLC of Kearney, Nebraska in the sum of
$765,648.50 be accepted as the lowest responsible bid.
NOW, THEREFORE, BE IT RESOLVED by the President
and City Council of the City of Kearney, Nebraska that the Engineers
recommendation is hereby accepted and approved, that Blessing, LLC of Kearney,
Nebraska be and is the lowest responsible bidder for the 2003 Part I
Improvements consisting of Paving Improvement District No. 2002-868 for 39th
Street from 22nd Avenue to 30th Avenue to be constructed in accordance with the
plans and specifications on file with the City Clerk and that the bid of
Blessing, LLC of Kearney, Nebraska in the sum of $765,648.50 be and is hereby
accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of
Probable Construction Cost for the 2003 Part I Improvements consisting of
Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to
30th Avenue in the amount of $978,019.00 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 8TH DAY OF APRIL, 2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
39TH STREET AND 11TH AVENUE INTERSECTION - PLANS AND SPECS
Mayor Blankenship opened for discussion the Plans and Specifications
for the Improvements for 39th
Street and 11th Avenue Intersection and set the bid
opening date for May 8,
2003 at 2:00 p.m.
Todd Pfitzer from Ehrhart Griffin & Associates
Consulting Engineers presented this matter to the Council. As part of the 2003
Long Range Goals, Budget process, and the current One and Six Year Street Plan
the City Council approved the installation of a traffic signal and left turn
lanes at the intersection of 39th Street 11th Avenue.
The City is ready to advertise and receive bids for the
construction of the aforementioned project. A letter from Todd Pfitzer
requesting approval of the plans and specifications and to set the bid opening
date for May 8, 2003 at 2:00 p.m. was presented to the Council.
The Engineer’s Opinion of Probable Construction Cost ranges
between $450,000 and $750,000. The work involved is scheduled to begin after
the close of the Kearney High School year and should be substantially complete and open to
traffic before school opens for the next year (August 8, 2003). Final completion is scheduled for September 30, 2003.
Moved by Blankenship seconded by Kearney to approve the Plans
and Specifications for the Improvements for 39th Street and 11th Avenue
Intersection and set the bid opening date for May 8, 2003 at 2:00 p.m. Roll
call resulted as follows: Aye: Blankenship, Kearney, Zapata, Buschkoetter. Nay:
None. Hadley absent. Motion carried.
PARK & RECREATION FUND POLICY AND ADJUST ALL FEES
Mayor Blankenship opened for discussion the Kearney Park and
Recreation Fund Policy and consider adjusting all Park and Recreation
activities and to consider Resolution No. 2003-48.
Director of Park & Recreation Neal Lewis, and Recreation
Superintendent Scott Hayden presented this matter to the Council. Periodically,
Administration adjusts its fees. The Kearney Park and Recreation Advisory Board and
staff are recommending an increase in fees for a number of activities and
usages. The increased fees are an attempt to provide additional user-generated
revenue.
The Park and Recreation Board and staff are proposing a fee
increase for all Park and Recreation activities. Administration is proposing
these changes to provide a funding mechanism to help pay for park improvements.
In theory, we are proposing a “user fee” similar to the fees charged for users
of the utilities department services. Funds from the increased fees will go
into a development account to help fund park and recreation projects outside
the lid.
Charging additional fees to hands-on users of the resource
seems logical since they directly benefit from the enhanced facility. Tax
dollars will always be needed to provide the basic park amenities and programs.
Administration and the Park Board realize that revenue is limited and offer
this proposal as a way to help with the funding solution. The new Park and
Recreation program and facility fee would generate approximately $25,000/year
for the Park Development Fund.
Director of Park & Recreation stated that there is a
flaw in our system partly because Kearney is so good at what it does. In many communities, when you talk about
Park & Recreation, the recreation division runs a lot of the athletic
associations. In running those associations, they charge fees which helps
defray some of their costs. Kearney has outstanding
user groups and volunteers that run many of the programs. This is an area that
the City could garner revenue from, but never had to which is great. Again the
user groups have supported the parks across the board. In the past, the City
could look at funds from the General Fund to do improvements and to maintain the
parks, but now the City is under a lid. As this lid tightens down and Kearney grows, there is such a small amount
of money that is available and Park and Recreation is the area that really gets
crunched.
The Park Board then asked if there is another mechanism,
outside the lid, that can be used to match money to do these facilities. This
is where this proposal came from. He thinks that there are some users saying,
“We’ve already helped and you’re trying to double-dip on us.” The actual
intent is to get a mechanism that will help the Council, because Park and
Recreation does not want to be part of the problem, they want to be part of the
solution. This is the reason that they get grants and have brought this
proposal that will bring in funding outside the lid and make everyone’s job
easier to run the Park & Recreation Department.
He stated that they don’t want to run the user group’s
programs. They don’t want to take money from them, which is part of the
misconception. They do need to find a way to fund these facilities. They
won’t stop trying to find donations and grants, but are presenting this as
another mechanism.
Recreation Superintendent Scott Hayden addressed the Council
on the aquatic fees. He stated that the proposed swimming pool fees use a
little different terminology than in the past. There is an explanation under
season passes how often it would need to be used to make the cost worthwhile
based on a 90-day season. Daily fees have been changed to session fees because
they will be open twice a day to the general public, once in the afternoon and
once in the evening. They arrived at the costs by comparing to a number of
other pools in cities approximately Kearney’s size across Nebraska. The differences were length of
season (Kearney is open the longest from Memorial
Day to Labor Day), different amenities, number of pools, hours and length of
day, so there were no exact matches.
Centennial Pool will be open June 7th through September 1st;
however, after this year both pools will be open on Memorial Day. The proposal
is to alternate years which pool stays open through Labor Day because the
demand drops after school starts. Harmon Pool will close August 24th this
year. Centennial and Harmon Pools will be open the same hours which is
different than in the past. Swimming will be between 1:00 a.m. and 5:00 p.m. and 6:30 p.m. 8:30 p.m. weeknights and weekends from 6:00 p.m. to 8:30 p.m. Red
Cross swim lessons are held in the morning and between 5:00 p.m. 6:30 p.m. Swim team is also in the morning.
When the waterslide was installed in 1989, there was a need
to keep track of the revenue generated from it, and therefore a $1.00 was
charged to use it in addition to admission. The money generated from the waterslide
is about $12,000 to $15,000 per year, which has been put into the Aquatic
Development Fund. It has been used for unexpected pool maintenance, but has
not been needed for the past few years. To replace that, they are proposing to
do a 15 percent increase instead of the two fees. Other changes include a
change in the age groups, offering punch cards, and a special on Friday nights.
Season pass fees are: child $30, youth $60, adult $90,
seniors $60. Small family (2-4 people) $140 and large family (5+ people) $165.
For additional savings, there would be an early purchase option for season
passes at the same time the registration brochures are sent out on April 25th.
These could be purchased at the Park and Recreation office or over the phone
with Visa or Mastercard and the passes would be mailed. This will help
eliminate standing in line at the pool to purchase season tickets and large
deposits for seasonal help.
Council member Zapata asked how the revenue from the new
fees is going to be monitored to see if it is successful. Recreation
Superintendent responded that at the end of each year, the total number of
passes sold in each category will be calculated. This would be a good way to
make a comparison. He hopes that these fees will be good for another 15
years. The last time rates were adjusted was in 1989 with the waterslide.
Council member Buschkoetter stated that if you spread this
increase out over the last 15 years, this is not much of an adjustment. However,
this is a considerable jump from last year’s fee. He suggested that they might
want to reevaluate these fees more often than every 15 years. He asked about
the process to determine the fee of children versus adult. Recreation Superintendent
responded this is determined for the most part by tradition and comparing to
other cities in the Kearney area.
Recreation
Superintendent stated further that the only other fees associated with the pool
are from Red Cross. Red Cross operates swim lessons and pays $2.00 per swimmer
every two weeks. This fee remains the same that it has been for the past 10+
years. Swim team works the same way. Payment for lifeguards in 1989 was
$4.50-$4.75 per hour and now it is $6.50 to start so that also needs to be
taken into consideration.
Director of Park & Recreation stated that they haven’t
changed its fees in any of the facilities about as long as aquatics. They are
looking at increasing the fees for renting the activity center, and doing the
same type of thing as the aquatic fees. However, these fees will all be
combined into one development fund so that when things need repaired and the
City needs matching money outside the lid, there is the capability to have some
funds. They have painted the pool, fixed filters and the heater and it was not
a budget breaker because the money was already there from the users.
The fee for using the activity center, the lodge, and the
shelters is going up $5.00 a time so the revenue to the general fund is not going
to change significantly. The perpetual care fund at the cemetery has been a
success. As people use our facilities, they are asked to put money aside to
take care of the facility. This is very common in cemeteries. The same type
of idea was used at Yanney Park with the endowment process. This is an area to apply some
old precedence and some new and to give some alternative ideas.
Looking at the parks, there are miscellaneous events that
are charged for, such as the amphitheater at Harmon Park and Cottonmill, the
tennis courts for private groups wanting to come in without the public, use of
the ball fields for other than City leagues. These are special events for
private use other than our general users.
Soccer and fast pitch use City facilities, and they charge a
fee and do a great job. We charge a minimum amount to compensate the people
who maintain the fields. When a group is using a City facility and is charging
an entry fee and is going to make a significant profit because they are also
charging for a gate and concessions, the proposal is that part of the money is
requested to be given back. This money can be used to put back into the
facility and improve it. He believes that all of their user groups have a good
cash reserve of varying amounts. As long as he has been here, no group except
adult slow pitch softball has had to pay a fee to use the park facilities. The
City maintains the fields and scoreboards. We have great facilities, and user
groups have helped tremendously to do these, but the proposal is that some of
the youth organizations pay $1.00 per participant to help with those expenses
outside the lid to continue providing these services.
The user groups are Little League, girl’s softball, soccer
league, the Diesel Youth Football, Legion Baseball, the Tennis Association, and
UNK. All of these people benefit from these facilities and the situation is
changing.
Of the adult athletic associations, Kearney Slow Pitch
Softball has paid $3.00 per game per team and the City lines and takes care of
their fields. They generate about $4,000 per year and they have paid that from
the beginning. They are the only ones that have paid other than the KTA
tournaments many years ago. This money has gone toward improvements at Harvey
Park, new infields, fences, dugouts, and backstops. So if there is concern, he
encouraged people to talk to the Slow Pitch Association to see how this has
worked for them. They have also donated money for improvements.
The City is not going to charge youth and adult tournaments
doing fundraisers. The City is not going to put its associations under the gun
to take money away from them when they are trying to do things to bring people
into community. When their main emphasis is to raise money for their association,
he believes that it is only fair that they share a part of that. Regarding the
concessions, groups who make considerable money with concessions will be asked
to put part of it back in the parks. The electricity is paid for them and the
City does the upkeep and they have not been charged in the past. He does not
believe that $25 is not out of line. The bottom line is $25,000 is not a lot,
but if that does not need to be spent one year than the next year there will be
$50,000. By matching that $50,000 with a Land and Water Grant then there is
$100,000 for lights or a restroom or other things needed.
Council member Kearney asked if all the user groups had been presented with this proposal as
he believes that communication is very important. He had been approached by a
league member, who said he was not aware of it until he read it in the paper.
Director of Park & Recreation responded that earlier this year, they had a
user meeting and presented this proposal. Other than men’s fast pitch softball
all user groups were there and they were told that it would be presented to
Council. Everyone was given a copy at that time and told that it would not be
effective this year, since everyone already had budgets in place. Approximately
a month ago, Don Carpenter from Little League was the only one that stated his
board had some concerns. He stated that other than that he has not had anyone
else approach him or the Park Board.
Mayor Blankenship stated he was having a hard time with the
$1.00 per player. He said it’s not that he doesn’t agree with the concept, but
for example, he would feel uncomfortable charging the Tops soccer kids, who are
physically and mentally challenged a $1.00 per season. He also knows that you
can’t charge everyone else and not charge them.
City Manager Allen Johnson stated that actually what they
are looking at is $25,000. This proposal is intended to come up with non-lid
dollars to continue to expedite that kind of funding. With the wonderful user
groups and the monies that they have put up, the question probably is “why
don’t we just raise taxes?” The legislature has done two things; they have
saddled us with this spending lid and have made it so complicated that it’s
difficult to explain.
The Council could raise taxes – Kearney is at 11 cents and could go to 45
cents, but that doesn’t do any good because we can’t spend it. The other issue
is the spending lid. Funds can be spent for the parks to build infrastructure,
but not for improvements. There is a question of referendums regarding park
improvements for some of these things. Parks, from the statutory standpoint,
are very limited.
Council member Buschkoetter asked for clarification of what
is under the lid. Director of Finance Wendell Wessels stated that an
improvement is to put in a new pool, add lights at the park, or replace a
restroom. Landscaping, such as reseeding an infield, is operational maintenance
and is under the lid.
Council member Zapata stated this is an innovative approach
to take and very creative. He believed that the amount of information presented
was more than could be digested at one time. There are a lot of things that
come into play with user groups, etc. and perhaps needs more discussion.
Councilman Buschkoetter said he has been on the Slow Pitch
Board going on the fourth year and has played for 10 years. The team has paid
the $3.00 all the way through without complaint as far as he is aware. He
thinks that it makes sense that those who use the facilities should be helping
to pay for it. As a parent, he would have no objection to paying an extra
$1.00 on the registration fee to the softball league for his daughter. He wants
to make sure that she has good playing fields now and that her children will
have good facilities in the future. So he believes this would be a way for
this generation to help out the next.
John Bancroft, member of the Park & Recreation Advisory
Board, stated that he has been on the Park Board for 23 years and this has been
a problem virtually forever. Most of the funding that Park & Recreation
have gotten was from grants and donations. The reason those things were in the
bond issue last year was because there was no other way to finance it, get
around the lid, and get a lot of things done that needed to be accomplished.
He said he does not blame anyone for what happened in the past, but the problem
is still here, which is what they are trying to solve. Parks do not have fees
and that’s what they’re trying to establish. He doesn’t want to put any more tax
on anyone. Users are paying for their utilities as are users of every other
type of department service, and he sees no reason the users cannot be helping
to pay for this. He believes fees are the fairest way.
Brian Johnson, Legion Baseball, 3422 Avenue N, stated he
coaches Kearney Knights Legion Baseball at Memorial Field. He said he has
known Neal Lewis for about 16-17 years and believes that Kearney has a great park system and the
staff does a great job. Their organization is a little different than the
majority of the other user programs because they basically take care of the
field. They do not do the mowing and there are automatic sprinklers, but they
do get fields ready for games and also on the weekends if there are
tournaments. The other legion program got the batting cage, built the
concession stand and press box, their legion helped retire the debt on the old
scoreboard in order to get the new one. There have been a whole lot of
improvements by both legions to invest dollars into their field.
Considering the $1.00 per player would amount to about $200
a year, which is not a lot. He believes where it might cause a problem is
because in the past their user group has raised money and pumped money back
into their field. There are other user groups that have not contributed as
much as they have and so that might be something to consider. He speculated
that there are about 900 kids involved in Little League and about that many in
soccer and that cost might be difficult for them to budget. He said that he believes
that the Park & Recreation system in Kearney is probably the best in the state. He said it is not the issue of
$200. The concession stand was built at Memorial with funds from the other
legion program, so the $25 rental fee should not be applicable. He strongly
urged the Council to give a lot of thought to these fees.
Don Carpenter, President of Little League, 2021 14th Avenue, stated they also have a great
relationship with the Park & Recreation Department and they do an outstanding
job. Kearney has great fields and great
facilities. They believe certain elements of this proposal from Park &
Recreation represents new taxes and on that basis they are fundamentally
opposed to it. They are especially opposed to the $1.00 per player user fee.
Kearney Little League uses the Activity Center at Harmon Park. The activity center is a closed center and the pool is
also a closed center. Everyone that uses those facilities pays for them. He
does not believe this is the case with ball fields. Little League certainly
uses those facilities. There are many other groups that will not be charged
under this proposal for their use of the facility. As a coach at the new
fields at West Lincolnway, he has seen the damage that is
done to those fields. After leaving a game in the evening and returning the
next day, he knows that the general public is doing some of that damage. A
number of times there have been groups from outside of Kearney who were there to play a friendly
game as well as other Kearney people. There are other groups
using those fields that would not be taxed accordingly.
In addition to Little League, competitive baseball teams,
football teams, etc. benefit from those lights for which Little League helped
raise the money. In addition to raising that money they put in $25,000 from
their building fund for those lights. Little League does not have any surplus
in their funds. Their funds are set aside for scholarships for disadvantaged
families, sportsmanship awards, and a building fund. They are gradually paying
back that building fund. As a user group, it looks like Little League budget
will be funding a scorers’ and announcers’ booth at West Lincolnway in addition to funds that they will
raise for the project. This will not be out the City’s budget; the City will
put in some labor and materials. He agrees that the user fee of $1.00 is not
much, but he believes it represents a new tax.
Council member Buschkoetter stated he would never question
the Little Leagues’ contribution to the community. He asked to play the
devil’s advocate regarding the closed facility versus the open facility. He
pointed out that while they are using a field, that is your field for that time
and another group cannot come in and supercede that. Also, those fields are
marked for games verses kids from Axtell or Pleasanton, who might want to play on their own. Even though Mr. Carpenter called
it a tax, he believed that it could be called a user fee because the facility
is closed during those times to other groups.
Mr. Carpenter responded that in his definition that a user
fee is a tax if it goes to government operations. He agreed that the Little
League benefits from those fields existing. On the other hand, those fields
would not exist if there was not the demand generated by the Little League
program. He said the two new fields at West Lincolnway are in direct response to increased demand. The damage and
repair work that must be done comes from other users as well. The City does an
outstanding job of preparing the fields before the games, which they
appreciate. It is not just on marked fields that wear and tear occurs. If
there were a way to charge all users for those facilities, they would be less
opposed. He does not see a way to make that happen, short of locking fences
around the fields to keep those that do not pay out.
Mayor Blankenship stated since it appeared that they could
not reach an agreement on the fees at this time and the fact that they would
not be effective until next year, he proposed that this portion of the
resolution be tabled. Since the season ticket issue needed to be addressed
right away, he proposed looking at the aquatic rates component at this time.
Mayor Blankenship stated that regarding the $1.00 user fee,
there needs to be more discussion and feedback from user groups.
Moved by Kearney
seconded by Buschkoetter to approve adjusting the aquatic fees and approve Resolution
No. 2003-48. Roll call resulted as follows: Aye: Blankenship, Zapata, Buschkoetter,
Kearney. Nay: None. Hadley absent. Motion
carried.
RESOLUTION NO. 2003-48
WHEREAS, the Advisory Board of Park and
Recreation has recommended to the City Council to establish a Park and
Recreation Fund to provide funding for significant park infrastructure
projects; and
WHEREAS, the Advisory Board of Park and
Recreation has recommended to the City Council to adjust all park and
recreation activities with such funds to be placed in the Park and Recreation
Fund; and
WHEREAS, it is in the best interests of the
operation and administration of the Park and Recreation Department to establish
a Park and Recreation Fund to provide funding for significant park
infrastructure projects and to adjust all park and recreation activities.
NOW, THEREFORE, BE IT RESOLVED by the President
and Council of the City of Kearney, Nebraska, that the 2003 Swimming Pool
Admission Fees, a copy marked Exhibit “A”, the 2003 Length of Season and Pool
Hours, a copy marked Exhibit “B”, and the 2003 Swimming Pool Admission Fees and
Development Fund, a copy marked Exhibit “C”, are attached hereto and made a
part hereof, be and are hereby approved.
PASSED AND APPROVED THIS 8TH DAY OF APRIL, 2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
OPEN ACCOUNT CLAIMS -- NONE
There were no Open Account Claims.
VII. REPORTS
None.
VIII. ADJOURN
Moved by Kearney
seconded by Buschkoetter that Council adjourn at 9:14 p.m. Roll call resulted as follows: Aye: Blankenship, Buschkoetter,
Kearney, Zapata. Nay: None. Hadley absent.
Motion carried.
BRUCE
L. BLANKENSHIP
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK