Kearney, Nebraska
August 24, 2004
7:30 p.m.
Prior to the regular Council
meeting, the Council met as the Board of Directors for the Kearney Municipal Airport
Corporation in open and public session at 7:30 p.m. on August 24, 2004 in the
Council Chambers at City Hall. This meeting adjourned at 7:39 p.m.
A meeting of the City Council of Kearney, Nebraska was then convened in open
and public session at 7:40 p.m. in the Council Chambers at City Hall.
Present were: Bruce L. Blankenship, President of the Council; Michaelle
Trembly, City Clerk; Council Members Randy Buschkoetter, Stan Clouse, Galen
Hadley, Don Kearney. Absent: None. G. Allen Johnson, City Manager;
Michael Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels,
Director of Finance and Administration; Kirk Stocker, Director of Utilities;
and Rod Wiederspan, Director of Public Works were also present. Some of
the citizens present in the audience included: Dan Spellman, Leigh Ann
Spellman, Chan Lynch, Dave Jead, Joe Baye, Davin Jones, Mike Cahill from KKPR
Radio, Mike Konz from Kearney Hub.
Notice of the meeting was given
in advance thereof by publication in the Kearney Hub, the designated method for
giving notice, a copy of the proof of publication being attached to these
minutes. Advance notice of the meeting was also given to the City Council
and a copy of their acknowledgment or receipt of such notice is attached to
these minutes. Availability of the Agenda was communicated in the advance
notice and in the notice to the Mayor and City Council. All proceedings
hereafter shown were taken while the meeting was open to the attendance of the
public.
I. ROUTINE BUSINESS
INVOCATION
Father Charles Torpey from St.
James Catholic Church provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scout Matt Wroblewski led the
Council members and audience in the Pledge of Allegiance.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
CONDITIONAL USE PERMIT – GRYPHON
WIRELESS; 3720 AVENUE A, SUITE B
Mayor Blankenship opened the public
hearing on the application for a Conditional Use Permit submitted by Gryphon
Wireless, LLC (Applicant) and Sea Dog Trading Co., LLC (Owner) for a
Conditional Use Permit to locate a wireless telecommunications tower on
property zoned “District C-1, Limited Commercial District” and described as Lot
3, Northridge Addition to the City of Kearney, Buffalo County, Nebraska (3720
Avenue A, Suite B). Administration recommends approval subject to the City
receiving the executed Acknowledgment from the Applicant and Owner.
The applicant is representing
Gryphon Wireless and requesting approval of a Conditional Use Permit (CUP) to
locate one telecommunications antenna on a 40-foot tall light pole in the
parking lot at 3720 Avenue A, Northridge Business Park. This light pole
will provide sufficient height for line of sight contact with Gryphon equipment
located on top of the B-4 Grain Elevator, providing a communications link
between the elevator and the office on Avenue A.
The property is currently zoned
C-1, Limited Commercial. The Unified Land Development Ordinance (UDO) requires
a CUP for telecommunications towers but provides incentives for co-location on
existing towers. The telecommunications equipment in this case is a two-foot by
two-foot dish that does not require a great deal of height. Therefore,
there is no need for a “tower” in the traditional sense of the word meaning 100
to 300-foot tall structure with guy wires and blinking lights, etc. The
height of the light pole will suffice at 40-feet. Co-location requests
may be expedited by the Public Works Director as outlined in Chapter 46,
paragraph 46-110, “Co-Location.” Although this project is not technically
a “co-location” the reduced height of the pole and the small size of the dish
create minimal impact to the surrounding area. Therefore, this
application has been expedited as allowed by the provisions of the UDO and will
not be heard by the Planning Commission. There shall be no time
limitations on this CUP.
Dan Spellman, 1207 13th Avenue,
presented this matter to the Council. The anticipated project is to put up a
40-foot light pole. A small patch antenna for wireless communication back
to their main tower will be located on the pole. They will pay for the
expense of putting up the light pole and, as a tenant in Northridge, they will
pay for the electricity and associated fees. If they should vacate
Northridge, the light pole will be brought back to the condominium association
that will then pay for the electricity. The owners are Norrie Olson, Beth
Loeske and Bill Lange, who have signed off accepting the project. He
pointed out that there are no light poles on the south half of the Northridge
parking lot at this time, so a light is needed there for security purposes.
There was no one present in
opposition to this hearing.
Moved by Buschkoetter seconded by
Blankenship to close the hearing and approve the application for a Conditional
Use Permit submitted by Gryphon Wireless, LLC (Applicant) and Sea Dog Trading
Co., LLC (Owner) for a Conditional Use Permit to locate a wireless
telecommunications tower on property zoned “District C-1, Limited Commercial
District” and described as Lot 3, Northridge Addition to the City of Kearney,
Buffalo County, Nebraska (3720 Avenue A, Suite B). Roll call resulted as
follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
CONDITIONAL USE PERMIT – WESTERN
WIRELESS; 2811 WEST 39TH STREET
Mayor Blankenship opened the
public hearing on the application for a Conditional Use Permit submitted by
Paul Wozniak for Western Wireless (Applicant) and Midtown Communications
(Owner) for a Conditional Use Permit for the co-location of two antennas on an
existing tower owned by Midtown Communications, Inc. on property zoned “District
AG, Agricultural District” and described as a tract of land being a part of the
Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th
P.M., containing 7.65 acres, more or less, Buffalo County, Nebraska (2811 West
39th Street). Administration recommends approval subject to the City receiving
the executed Acknowledgment from the Applicant and Owner.
The applicant is representing
Western Wireless Corporation and requesting approval of a Conditional Use
Permit (CUP) to locate two antennas on an existing 300-foot tall guyed
telecommunications tower at 2811 West 39th Street. This tower is owned by
Mid-Town Communications.
The property is currently zoned
Agricultural. The Unified Land Development Ordinance (UDO) requires a CUP for
telecommunications towers but provides incentives for co-location on existing
towers. Co-location requests may be expedited by the Public Works Director as
outlined in Chapter 46, paragraph 46-110, “Co-Location.” This application
has been expedited and will not be heard by the Planning Commission.
The request is to locate two
antennas on the existing tower. A four-foot diameter antenna is proposed
at the 160-foot level on the tower and a six-foot diameter antenna at the
190-foot level. The new antennas are required to meet increased usage of the
telecommunications system in its current coverage area. There are 18
other antennas currently on the tower that are owned by Western Wireless.
There is no record of prior City approval for these antennas as they were
mounted prior to the telecommunications ordinance that is now in effect.
Western Wireless is seeking approval of all twenty antennas with this
request. A structural engineering report is included as an attachment
certifying the structural strength of the tower, foundation and anchors to
support the load. All other required documentation is included.
There shall be no time limitations on this CUP.
Chandler Lynch, 3004 4th Avenue, presented
this matter to the Council. He is the owner of the tower at this location.
Western Wireless is the local Cell-One provider and is the primary tenant on
that tower (22 cables and antennas on this tower). The request is to add
two more to their package that already exists. They had a study done to
ensure that the tower will hold these two additions. A study is required
anytime that a tenant wants to make an addition to a tower. The engineer
often will make a recommendation to beef up the tower with cross pieces and
make it stronger to handle what they want to do.
There was no one present in
opposition to this hearing.
Moved by Blankenship seconded by
Kearney to close the hearing and approve the application for a Conditional Use
Permit submitted by Paul Wozniak for Western Wireless (Applicant) and Midtown
Communications (Owner) for a Conditional Use Permit for the co-location of two
antennas on an existing tower owned by Midtown Communications, Inc. on property
zoned “District AG, Agricultural District” and described as a tract of land
being a part of the Southwest Quarter of Section 27, Township 9 North, Range 16
West of the 6th P.M., containing 7.65 acres, more or less, Buffalo County,
Nebraska (2811 West 39th Street). Roll call resulted as follows:
Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None.
Motion carried.
REVISE BUDGET FOR 2003-2004 FISCAL
YEAR
Mayor Blankenship opened the
public hearing on revising the City of Kearney Budget for the 2003-2004 Fiscal
Year.
Director of Finance and
Administration Wendell Wessels presented this matter to the Council. By Law,
the City may not expend more than the total budget of expenditures unless the
provisions of Section 13-511 of the Nebraska Revised Statutes are met.
Due to unforeseen circumstances, actual expenditures for the current fiscal
year will exceed budgeted expenditures in ten funds unless the current fiscal
year budget is supplemented. Under these circumstances, state law
requires that a public hearing be conducted to supplement the previously
adopted budget and an ordinance be passed authorizing the expenditure of the
additional requirements.
An explanation of the budget
adjustments for the ten funds are as follows:
Police Reserve: The
budgeted expenditures in the Police Reserve Fund need to be increased from
$51,995.75 to $166,727.77, or by $114,732.02. The increase is required
because the amount budgeted to pay construction costs relative to the LEC
Expansion Project was not adequate. At the time the 2003-2004 budget was
prepared last year, it was anticipated that most of the costs related to this
project were going to be paid prior to October 1, 2003. However, the
costs that were anticipated to be paid prior to October 1, 2003 did not get
paid and, therefore, are expected to be paid during the 2003-2004 fiscal
year. Therefore, this budget needs to be revised to provide the authority
to expend the funds to pay the expenses related to the LEC Expansion
Project.
Fire Reserve: The
budgeted expenditures in the Fire Reserve Fund need to be increased from
$150,900.00 to $382,375.00, or by $231,475.00. The increase is required
because during the current fiscal year, the Fire Department requested approval
from the Council to purchase a used ladder truck and related equipment.
As you will recall, a bond issue was approved by the Council on February 24,
2004 to fund these items. Therefore, this budget needs to be revised to
provide the authority to expend the funds to pay the expenses related to the
purchase of the used ladder truck and related equipment.
Park & Recreation
Development: The budgeted expenditures in the Park & Recreation
Development Fund need to be increased from $794,086.33 to $1,456,288.41, or by
$662,202.08. The increase is required because the amount budgeted to pay
construction costs relative to the Trail Phase III Project was not
adequate. At the time the 2003-2004 budget was prepared last year, it was
anticipated that most of the costs related to this project were going to be
paid prior to October 1, 2003. However, the costs that were anticipated
to be paid prior to October 1, 2003 did not get paid and, therefore, are
expected to be paid during the 2003-2004 fiscal year. Therefore, this
budget needs to be revised to provide the authority to expend the funds to pay
the expenses related to the Trail Phase III Project.
Street Improvement:
The budgeted expenditures in the Street Improvement Fund need to be increased
from $7,688,975.00 to $10,397,975.00, or by $2,709,000.00. The increase
is required because the amount budgeted to pay construction costs relative to
various street improvement projects were not adequate. At the time the
2003-2004 budget was prepared last year, it was anticipated that most of the
costs related to this project were going to be paid prior to October 1,
2003. However, the costs that were anticipated to be paid prior to
October 1, 2003 did not get paid and, therefore, are expected to be paid during
the 2003-2004 fiscal year. Therefore, this budget needs to be revised to
provide the authority to expend the funds to pay the expenses related to the
various street improvement projects.
Sanitation: The
budgeted expenditures in the Sanitation Fund need to be increased from
$2,963,350.00 to $3,388,130.00, or by $424,780.00. The increase is required
because the amount budgeted to pay construction costs relative to the Recycling
Center Project was not adequate. At the time the 2003-2004 budget was
prepared last year, it was anticipated that most of the costs related to this
project were going to be paid prior to October 1, 2003. However, the
costs that were anticipated to be paid prior to October 1, 2003 did not get
paid and, therefore, are expected to be paid during the 2003-2004 fiscal
year. Therefore, this budget needs to be revised to provide the authority
to expend the funds to pay the expenses related to the Recycling Center
Project.
Sewer Revenue Bond:
The budgeted expenditures in the Sewer Revenue Bond Fund need to be increased
from $1,446,664.00 to $5,599,523.00, or by $4,152,859.00. The increase is
required because on November 25, 2003 the City issued Series 2004 Combined
Utilities Revenue Refunding Bonds for the purpose of refunding the Series 1996
Combined Utilities Revenue Bonds at a lower interest rate. Additionally,
on April 13, 2004 the City issued Series 2004B Combined Utilities Revenue
Refunding Bonds for the purpose of refunding the Series 1995 Combined Utilities
Revenue Bonds at a lower interest rate. The proceeds of the Series 2004
and Series 2004B bond issues were used to redeem the Series 1996 and Series
1995 bonds, therefore, this budget needs to be revised to provide the authority
to expend the funds to redeem the Series 1996 and 1995 bonds.
Sewer Bond Reserve:
The budgeted expenditures in the Sewer Bond Reserve Fund need to be increased
from $0.00 to $225,801.91, or by $225,801.91. During the 2003-2004 fiscal
year, the requirement to maintain a bond reserve on the outstanding SRF Bonds
was eliminated. Therefore, the funds that were included in the Sewer Bond
Reserve Fund for SRF Bonds were transferred to the Sewer Retained Revenues
Fund. This budget needs to be revised to provide the authority to
transfer the funds to the Sewer Retained Revenues Fund.
Water Bond Reserve:
The budgeted expenditures in the Water Bond Reserve Fund need to be increased
from $0.00 to $260,578.94, or by $260,578.94. During the 2003-2004 fiscal
year, the requirement to maintain a bond reserve on the outstanding SRF Bonds
was eliminated. Therefore, the funds that were included in the Water Bond
Reserve Fund for SRF Bonds were transferred to the Water Retained Revenues
Fund. This budget needs to be revised to provide the authority to
transfer the funds to the Water Retained Revenues Fund.
Health Insurance:
The budgeted expenditures in the Health Insurance Fund need to be increased
from $1,700,000.00 to $1,919,000.00, or by $219,000.00. The increase is
required because of the increased cost of providing health and dental insurance
during the 2003-2004 fiscal year. As you may recall, the City is
self-funded for the purpose of providing health and dental benefits to
employees of the City. During the current fiscal year the City
experienced a significant increase in health claims paid, therefore, this
budget needs to be revised to provide the authority to expend the funds to pay
the expenses related to providing health and dental benefits to City
employees. The increased costs were funded by increases in premiums paid
by the City and employees. The City’s share of the premium increase was
absorbed by the budgets of the various departments of the City.
Sales Tax: The
budgeted expenditures in the Sales Tax Fund need to be increased from
$370,000.00 to $400,000.00, or by $30,000.00. The City is required to
collect sales tax on various services provided by the City for the State of
Nebraska. During the current fiscal year, sales tax collections were
higher than the amount expected, therefore, this budget needs to be revised to
provide the authority to remit the sales tax collections to the State of
Nebraska.
Pursuant to the Nebraska Budget
Act (State Statute 13-511), the City of Kearney is required to conduct a public
hearing to supplement the previously adopted budget and pass an ordinance
authorizing the expenditure of the additional requirements.
There was no one present in
opposition to this hearing.
Moved by Kearney seconded by
Clouse to close the hearing and approve revising the City of Kearney Budget for
the 2003-2004 Fiscal Year. Roll call resulted as follows: Aye:
Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None.
Motion carried.
PROPOSED ACQUISITION OF SANITARY
SEWER EASEMENT
Mayor Blankenship opened the
public hearing on the proposed acquisition for a Permanent Sanitary Sewer
Easement of a tract of land described as vacated Avenue O as it abuts Lots 1
through 7 inclusive of Block 18, Lots 1 through 14 inclusive of Block 19, Lots
9 through 15 inclusive of Block 22, and Lots 1 through 7 inclusive of Block 23,
Whiteaker’s Grove Addition to the City of Kearney, Buffalo County, Nebraska and
to consider approval of Resolution No. 2004-148.
Director of Utilities presented
this matter to the Council. In this year’s budget the City of Kearney included
funds to construct several sewer connection districts in Southeast
Kearney. The districts were created primarily in the area east of Avenue
M between 18th Street and 22nd Street and would be served with the majority of
these districts.
At the July 13, 2004 Council
meeting the Council created a Sewer Connection District that will be
constructed in vacated Avenue O between the abandoned Burlington Northern
Railroad Right of way and 20th Street. At the August 10, 2004 Council
meeting the Council held a public hearing to acquire an easement for sanitary
sewer in 18th Street if it were extended east of Avenue M to Avenue O, then
north in Avenue O if it were extended south of its present location, south of
the vacated railroad right-of-way to 18th Street.
This is the last easement that
needs to be acquired for the project. The bids for the 2004 Part VII
Improvements are to be received on September 7, 2004. The owner of the tract
where the easement is necessary was contacted and has agreed to grant the
easement.
Before the City can accept the
easement the Council must conduct a public hearing on the matter in order to
comply with State Statute. Nebraska Revised Statute §18-1775 requires
that a City of the first class acquiring an interest in real property shall do
so only after the governing body has authorized the acquisition by action taken
in a public meeting after notice and a public hearing.
An easement is necessary in order
to construct the sanitary sewer main in vacated Avenue O between the vacated
Burlington Northern Railroad right-of-way and 20th Street. The owner has
granted the easement for a consideration of $1,500.00. That amount is
compensation for the loss of grazing and for damages to driveways during the
construction of the sewer main.
The Utilities Department has
budgeted funds for the cost of easement acquisition along with the cost to
construct the sewer mains.
There was no one present in
opposition to this hearing.
Moved by Clouse seconded by Hadley
to close the hearing and approve the proposed acquisition for a Permanent
Sanitary Sewer Easement of a tract of land described as vacated Avenue O as it
abuts Lots 1 through 7 inclusive of Block 18, Lots 1 through 14 inclusive of
Block 19, Lots 9 through 15 inclusive of Block 22, and Lots 1 through 7
inclusive of Block 23, Whiteaker’s Grove Addition to the City of Kearney,
Buffalo County, Nebraska and approve Resolution No. 2004-148. Roll call
resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.
Nay: None. Motion carried.
RESOLUTION NO.
2004-148
WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in
real property by purchase or eminent domain to do so only after the City
Council has authorized the acquisition by action taken in a public meeting
after notice and public hearing; and
WHEREAS, the City Council has held a public hearing upon the proposed
acquisition for sanitary sewer purposes and voted in favor to proceed with the
acquisitions; and
WHEREAS, Ardis E. Gibson, Trustee, has granted to the City of Kearney,
Nebraska, a Permanent Sanitary Sewer Easement as follows:
Permanent Easement
Vacated Avenue O as it abuts Lots
1 through 7 inclusive of Block 18, Lots 1 through 14 inclusive of Block 19,
Lots 9 through 15 inclusive of Block 22, and Lots 1 through 7 inclusive of
Block 23, Whiteaker’s Grove Addition to the City of Kearney, Buffalo County,
Nebraska.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the Permanent Easement granted by Ardis E. Gibson to
the City of Kearney be and is hereby approved and accepted.
PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
IV. CONSENT AGENDA
Mayor Blankenship stated that Subsection
13 of the Consent Agenda has been withdrawn by Administration. The developer
has paid all fees and there will be no assessments.
Moved by Hadley seconded by
Buschkoetter that Subsections 1 through 12 and 14 of Consent Agenda Item IV be
approved. Roll call resulted as follows: Aye: Blankenship, Hadley,
Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
1.
Approve Minutes of Special Meeting held August 10, 2004 and the Minutes of the
Regular Meeting held August 10, 2004.
2.
Approve the following Claims: 3M $5,479.50 Su; Air Midway $34.29 Tr; Alamar
Uniforms $53.49 Incentives; All Makes Auto $51.77 Various; Alltel $609.04 Serv;
Amer Fence $653.92 Rep; Amer Library Assoc $261.46 Various; APWA $686.00 Dues;
Arsenal $3,076.54 Su; AT&T $67.27 Serv; Baker & Taylor $1,530.18 Bks;
BBC Audiobooks $639.35 Bks; Becker, G $29.50 Su; Big Flag $48.00 Inv; Blue CrossBlue
Shield $56,276.38 Claims; Books on Tape $204.80 Bks; Bosselman $3,431.63 Inv; Broadfoot
Sand $1,359.10 Serv; Buffalo C Mutual Aid Assoc $50.00 Dues; Buffalo Co Court
$900.54 Ded; Butler Voigt & Stewart $204.00 Su; Carpenter, R $18.00 Ref;
Cash-Wa $3,819.05 Inv; Centaur Ent $149.99 Equip; Central Fire $64.55 Various; Chesterman
$3,295.00 Inv; Chief Supply $269.41 Equip; City of Ky $64,700.07 Various; Clark
Enersen Partners $1,548.73 Serv; College Savings Plan of NE $65.00 Ded;
Concrete Workers $30,025.31 Serv; Culligan $192.55 Serv; Central Valley
Irrigation $113.36 Rep; D&D Plbg $250.00 Rep; Davidson Jewelry $1,394.20
Incentives; Dawson Co PPD $23,665.15 Serv; Depository Trust $116,560.00 Prin,Int;
Dept of Aeronautics $370.00 Loan; Dept of Airports $2,700.00 Tr; Deterding's
Alternative $323.17 Su; Development Council $6,500.00 Various; Dorr, W $15.00
Ref; Dowling, J $20.20 Serv; Dutton-Lainson $275.00 Various; Eakes $44.98 Su;
Elliott Equipment $442.01 Various; Enterprise Electric $62.21 Lease; Fairbanks
$2,269.57 Rep; Farm Plan $110.22 Rep; Fedex $160.52 Pstg; Fiddelke Htg $136.59
Rep; Fireguard $3,790.00 Su; Freburg, N $184.62 Ded; Fremont Nat'l Bank
$34,265.12 Ded; Frontier $86.34 Serv; Galls $53.97 Cla; Gangwish $4.27 Rep;
Garrett Tires $6,514.79 Various; Gary's I-80 $30.00 Su; Great Plains One-Call
$386.28 Serv; Grupe, B $89.01 Tr; H&G Cleaners $264.67 Serv; H&H
Distributors $1,142.50 Su; Heiman Fire Equipment $369.65 Rep; Holmes Plbg $4.08
Rep; Hometown Leasing $62.00 Serv; ICMA RC $2,985.97 Ded; IRS $84,904.86 Ded; Itronix
$10,494.35 Serv; J&M Railroad Services $320.00 Su; Jack Lederman Co $58.00
Rep; Johnson Service $18,105.00 Rep; Johnson, A $24.37 Reim; Ky Clinic $35.00 Serv;
Ky Concrete $10,223.38 Various; Ky Crete $794.83 Serv; Ky Hub $5,929.48 Serv; Ky
Winlectric $609.21 Lease; Kirkham Michael $11,656.06 Serv; Kolbo, J $12.00 Reim;
Laughlin, K $360.00 Ded; Linweld $22.93 Various; Location Tech $4,350.00 Serv;
Lowe, S $453.75 Serv; Mac Tools $11.49 Su; Magic Cleaning $600.00 Serv; Martinosky,
M $208.88 Tr; MDI $645.14 Serv; Mid America Pay Phones $100.00 Serv; Mid
America Pump $5,444.20 Rep; Mid NE Lubricants $3,128.00 Inv; Midlands
Contracting $13,598.60 Serv; Midwest Lab $200.00 Serv; Miller Signs $99.00
Various; Moore Business Forms $472.81 Su; Morris Press $1,186.00 Su; Nat'l
Paper Supply $37.75 Su; Nat'l Safety Clean $530.95 Su; Nat'l Waterworks
$12,617.44 Inv; NE Child Support $892.18 Ded; NE DOL-Boiler Inspection Program
$150.00 Serv; NE Health & Human Svcs. $1,100.00 Serv; NE Liquor Control
Comm. $45.00 License; NE Volunteer Firefighter's Trust $2,284.16 Prem; NEland
Dist. $694.25 Su; Nemaha Nursery $8,657.11 Serv; NeSTMA $20.00 Tr; Newman
Traffic Signs $196.53 Signs; Nichols Farrier $75.00 Nature Barn; Norm's Plbg
$314.82 Rep; Northwestern Energy $773.58 Serv; Novus $31.50 Su; NSA/POAN
$373.00 Tr; Officenet $382.46 Su; Olsson Associates $8,437.15 Serv; OUR Designs
$3.50 Pstg; Overhead Door $94.02 Rep; Paramount $334.09 Various; PEP $48.67
Rep; Pickel Construction $480.00 Serv; Pierson Fitchett $554.00 Serv; Pitney
Bowes $2,039.00 Serv; Power Plan $472.50 Rep; Presco Sales $306.59 Rep;
Prescott, J $145.91 Tr; Presto-X $283.00 Serv; PVCK $82.50 Rep; Quality
Appraisal $500.00 Serv; Quality Books $23.71 Bks; Ready Mixed Concrete
$7,420.26 Serv; Recorded Books $704.90 Bks; Reinke's Htg $55.00 Rep; Rembolt Ludtke
$116.96 Serv; Riverside $3,264.10 Serv; Schulz, D $36.25 Reim; S-F Analytical
Lab $70.00 Serv; Shamrock Turf Farm $1,360.00 Various; Shepherd, S $15.00 Reim;
Shirt Shack $1,413.00 Various; Sirchie Finger Print Lab $143.55 Serv; Sutphen
$1,112.00 Rep; T&B Cleaning $1,500.00 Serv; Technical Maint $12,659.40 Rep;
Thomas and Means $290.00 Tr; Thompson, L $60.00 Rep; Thomsen, S $15.00 Reim; Tielke
Ent $243.50 Su; Titleist $9,090.99 Inv; Underground Construction $13,881.00 Serv;
US Postmaster $700.00 Pstg; Visionary Systems $1,885.00 Serv; Walsh, C $39.00 Tr;
Walters Electric $80.00 Rep; Washington State Support $102.01 Ded; Weiss
Ratings $195.95 Bks; West Group $361.00 Su; Wiederspan, R $138.75 Tr; Williams,
C $489.50 Serv; Wolfe, B $183.89 Tr; Wolfe, J $15.00 Reim; Woods & Aitken
$2,002.32 Serv; Zimmerman Printers $389.00 Su. The foregoing schedule of
claims is published in accordance with Section 19-1102 of the Revised Statutes
of Nebraska, and is published at an expense of $_________ to the City of
Kearney.
3.
Receive recommendations of Planning Commission and set September 14, 2004 at
7:30 P.M. as date and time for hearing on those applications where applicable.
4.
Ratify the action taken by the Kearney Municipal Airport Corporation on
approving the Revolving Hangar Program Agreement for Hangar Project H-04 and
approve Resolution No. 2004-149.
RESOLUTION NO.
2004-149
RESOLUTION ADOPTING AND APPROVING
THE EXECUTION OF A REVOLVING HANGAR PROGRAM AGREEMENT AND FINANCING STATEMENT
FOR HANGAR PROJECT NO. H-04 WITH THE DEPARTMENT OF AERONAUTICS OF THE STATE OF
NEBRASKA TO OBTAIN STATE FUNDS UNDER THE PROGRAM FOR THE PURCHASE OF A HANGAR
ON THE KEARNEY MUNICIPAL AIRPORT.
BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska
that:
1.
The City shall enter into a Revolving Hangar Program Agreement and
Financing Statement with the Nebraska Department of Aeronautics for Project No.
H-04 for the purpose of obtaining State funds for the purchase of a hangar on
the Municipal Airport and that such agreement shall be as set forth hereinbelow.
2.
The Mayor of the City of Kearney, Nebraska is hereby authorized and
directed to execute said Revolving Hangar Program Agreement and Financing
Statement on behalf of the City Council, and the City Clerk is hereby
authorized and directed to attest said execution.
3.
The said agreement and financing statement referred to herein above is
inserted in full and attached herewith, and made a part hereof as Exhibit “O”.
PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
5.
Approve the request submitted by the Kearney High Student Advisory Board to
conduct a Fall Victory Parade on September 24, 2004 beginning at 3:00 p.m. The
parade will begin at North Railroad Street and Central Avenue, north on Central
Avenue and ending at the parking lot located north of the Museum of Nebraska
Art where a pep rally will be held.
6.
Accept the dedication by the Berean Fundamental Church of Kearney, Nebraska,
Inc., aka “Cornerstone Berean Church” of a portion of a tract of land being
part of the North Half of the Northeast Quarter of Section 9, Township 8 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska (30th Avenue and 11th
Street) for public right-of-way purposes and approve Resolution No. 2004-150.
RESOLUTION NO.
2004-150
BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska,
that the Council accept the Dedication of a tract of land being part of the
North Half of the Northeast Quarter of Section 9, Township 8 North, Range 16
West of the 6th P.M., Buffalo County, Nebraska, a copy of the Dedication,
marked Exhibit “1”, is attached hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED that the
City Clerk is hereby authorized and directed to file the Dedication with the
Buffalo County Register of Deeds.
PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
7.
Approve Application and Certificate for Payment No. 4 in the amount of
$137,674.16 submitted by Blessing, LLC and approved by Miller & Associates
for the 2004 Part I Improvements, Phase II consisting of Paving
Improvement District No. 2004-885 for 30th Avenue from Highway 30 north to 31st
Street and approve Resolution No. 2004-151.
RESOLUTION NO.
2004-151
WHEREAS, Blessing, LLC has
performed services in connection with the 2004 Part I Improvements Phase II
consisting of Paving Improvement District No. 2004-885 for 30th Avenue from
Highway 30 north to 31st Street, and the City's engineer, Miller &
Associates, have filed with the City Clerk Application and Certificate for
Payment No. 4 in the amount of $137,674.16 as shown on Exhibit “A” attached
hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$1,099,325.50
|
|
|
|
|
Contract Sum To Date
|
1,099,325.50
|
|
Gross Amount Due
|
239,448.04
|
|
Retainage
|
23,944.81
|
|
Amount Due to Date
|
215,503.23
|
|
Less Previous Certificates for Payment
|
77,829.07
|
|
|
|
|
Current Payment Due
|
$137,674.16
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Application and
Certificate for Payment No. 4 as shown on Exhibit “A”, be and are hereby
accepted and approved.
PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
8.
Approve the recommendation from the Mayor on the reappointment of Steve
Buttress, Steve Davis and Lynn Johnson to serve on the Library Advisory Board
and the reappointment of Marilyn Lammers, Janet Rowling, and Heather
Swanson-Murray to serve on the Board of Adjustment.
9.
Approve the applications for two Special Designated Licenses submitted by
EXPRESSIONS CATERING, dba “Paradise Cove” in connection with their Class
CK58433 liquor license to dispense beer, wine and distilled spirits in the
Extension Building, 1400 East 34th Street, and in the Ag Pavilion, 3807 Avenue
N, at the Buffalo County Fairgrounds on September 18, 2004 from 4:00 p.m. to
1:00 a.m.
10.
Approve the applications for three Special Designated Licenses submitted by
STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their
Class DK61563 liquor license to dispense beer, wine and distilled spirits in
the Great Platte River Road Archway Monument, 3060 East 1st Street, on September
20, 2004 from 5:00 p.m. to 11:00 p.m., September 21, 2004 from 5:00 p.m. to
10:00 p.m., and on September 22, 2004 from 5:00 p.m. to 9:00 p.m. subject to
the City receiving the required Certificate of Insurance.
11.
Approve the application for a Special Designated License submitted by BICO’S,
INC., dba “Bico’s Café” in connection with their Class I54330 liquor license to
dispense beer and wine in Mitzi’s Pavilion and the adjoining fenced area on
September 25, 2004 from 4:00 p.m. until 10:00 p.m. subject to the City
receiving the required Certificate of Insurance.
12.
Approve Change Order No. 1 showing an increase in the amount of $11,413.37 and
accept the Certificate of Substantial Completion submitted by Concrete Workers,
Inc. and approved by Miller & Associates for the 2004 Cemetery Paving
Improvements and approve Resolution No. 1004-152.
RESOLUTION NO.
2004-152
WHEREAS, Concrete Workers, Inc. has performed services in connection with the
2004 Cemetery Paving Improvement Project, Phase II, and the City's engineer,
Miller & Associates, have filed with the City Clerk Change Order No. 1
showing an increase in the amount of $11,413.37, as shown on Exhibit “A”
attached hereto and made a part hereof by reference and shown as follows:
|
Original Contract Sum
|
$111,643.18
|
|
Change Order No. 1 (8-24-2004)
|
+ 11,413.37
|
|
|
|
|
Contract Sum To Date
|
$123,056.55
|
WHEREAS, the Engineer and Contractor have now certified to the City Clerk that
work is completed as of July 30, 2004, as shown by Exhibit “B” attached hereto
and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as
shown on Exhibit “A”, and the Certificate of Substantial Completion as shown on
Exhibit “B”, be and are hereby accepted and approved.
PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
13.
WITHDRAWN BY ADMINISTRATION. Approve setting September 14, 2004 at
7:30 p.m. as time and date for the Board of Equalization to assess costs for
the 2003 Part III Improvements consisting of Paving Improvement District
No. 2003-874 for 52nd Street from Avenue E to 175 feet west of Avenue B Place,
Paving Improvement District No. 2003-875 for Avenue C Place from 52nd Street to
its terminus in a cul-de-sac, Paving Improvement District No. 2003-876 for
Avenue B Place from 52nd Street to its terminus in a cul-de-sac, Water District
No. 2003-526 for 52nd Street from Avenue E west southwest a distance of 1085±
feet and includes Avenue B Place and Avenue C Place, Sewer District No.
2003-467 for Avenue B Place from 52nd Street to its terminus in a cul-de-sac,
and Sewer District No. 2003-468 for Avenue C Place from 52nd Street to its
terminus in a cul-de-sac.
14.
Repeal Resolution No. 2004-96 and to include “MARIANNE HUNT 2ND ADDITION”
within the corporate boundaries of the City of Kearney said property described
as a tract of land being part of Northwest Quarter of the Northeast Quarter and
part of the East Half of the Northeast Quarter of the Northwest Quarter of
Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 25.58
acres, more or less, Buffalo County, Nebraska (between Avenue D and Avenue H
and south of 10th Street to 8th Street) and approve Resolution No. 2004-153.
RESOLUTION NO.
2004-153
WHEREAS, an Application has been submitted by Ron Ridgway (Applicant) for James
Hunt (Owner) for the inclusion of “MARIANNE HUNT 2ND ADDITION” within the
corporate boundaries of the City of Kearney said property described as a tract
of land being part of the Northwest Quarter of the Northeast Quarter and part
of the Northeast Quarter of the Northwest Quarter of Section 12, Township 8
North, Range 16 West of the Sixth Principal Meridian, Buffalo County, Nebraska,
more particularly described as being all of Block 2 and all of Block 3 of
vacated Sibley's Addition; all of Block 4 and all of Block 5 of vacated South
Park Addition; Tax Lot 1 and Tax Lot 2; all of vacated Avenue "E"
lying south of 10th Street; all of vacated Avenue "F" lying south of
10th Street; all of vacated Avenue "G" lying south of 10th Street;
all of the East 17 feet of vacated Avenue "D" lying south of 10th
Street and the south 7 feet of vacated 10th Street, abutting Block 2 of said
vacated Sibley's Addition and the South Half of 10th Street, lying east of
Avenue "F" and West of Avenue "H", abutting said Lots 1 and
38, Block 4 on the north and Lots 1 and 38, Block 5 on the north of vacated
South Park Addition, more particularly described as follows: Beginning at a
point 17.0 feet westerly of the Northwest corner of Block 3 of vacated Sibley's
Addition and assuming the North line of Block 3 of said vacated Sibley's
Addition as bearing S89°29'38"E and all bearings contained herein are
relative thereto; thence S 89°29'38"E on said North line a distance of
397.9 feet; thence N00°24'24"E a distance of 7.0 feet; thence
S89°29'38"E a distance of 300.82 feet; thence S00°05'22"E a distance
of 21.50 feet; thence S89°39'29"E a distance of 727.25 feet, to the West
line of Avenue "H" an avenue in the City of Kearney, Buffalo County,
Nebraska; thence S00°27'54"W on the West line of said Avenue "H"
a distance of 788.01 feet; thence S 89°57'11" W a distance of 659.95 feet;
thence N89°57'09"W a distance of 650.92 feet; thence
N00°43'11"W a distance of 52.0 feet; thence N89°47'39"W a distance of
99.3 feet; thence N00°14'29"E a distance of 73.00 feet to the North line
of 8th Street; thence N89°47'39"W on the North line of said 8th Street a
distance of 17.0 feet; thence N00°24'24"E, being 17.0 feet westerly of the
West line of Block 3 of said vacated Sibley's Addition (if extended southerly)
a distance of 688.21 feet to the place of beginning, containing 25.58 acres,
more or less, Buffalo County, Nebraska (between Avenue D and Avenue H and south
of 10th Street to 8th Street); and
WHEREAS, the Kearney City
Planning Commission has received and held a public hearing on May 21, 2004 on
the inclusion of “MARIANNE HUNT 2ND ADDITION” within the corporate limits and
recommended the Kearney City Council approve said application; and
WHEREAS, said application to include the land within the corporate limits was
duly signed by the owners of the land affected with the express intent of
platting the land as “MARIANNE HUNT 2ND ADDITION” an addition to the City of
Kearney, Buffalo County, Nebraska;
WHEREAS, a public hearing was held by the Kearney City Council relating to said
application on June 8, 2004 who deemed the said addition to be included within
the corporate limits to be advantageous to and in the best interests of the
City; and
WHEREAS, Resolution No. 2004-96 was passed and approved on June 8, 2004;
however, an error in the legal description was determined and said legal
description needs to be corrected.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the land to be platted as “MARIANNE HUNT 2ND ADDITION”
shall be included within the corporate limits of the City of Kearney, Buffalo
County, Nebraska, that the inhabitants of such addition shall be entitled to
all the rights and privileges, and shall be subject to all the laws,
ordinances, rules and regulations of the City of Kearney.
BE IT FURTHER RESOLVED that Resolution No. 2004-96 passed and approved on the
8th day of June, 2004 be and is hereby repealed in its entirety.
BE IT FURTHER RESOLVED that the inclusion of “MARIANNE HUNT 2ND ADDITION”
within the corporate limits of the City of Kearney is subject to the final plat
being filed with the Buffalo County Register of Deeds.
PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
V. CONSENT AGENDA ORDINANCES
ORDINANCE NO. 7107 – REPEAL
ORDINANCE NO. 7065 AND VACATE SOUTH HALF OF 10TH STREET
This subdivision was before the
City Council in June 2004 at which time it was approved. The project included
rezoning, vacation, subdivision platting, and annexation. You will recall this
82-lot subdivision is located in southeast Kearney between Avenue D and Avenue
H, south of 10th Street to 8th Street. The development will consist of
single-family homes on the majority of the lots with 24 duplex lots to the south
and east borders of the property. The legal description that was included
in the resolution and ordinance that passed and were approved in June are not
acceptable to the Register of Deeds Office and the plat has not been filed.
A new legal description has been
prepared with a new point of beginning which the problem was the first time
around. If the Council accepts the new legal description as presented, the plat
exhibits can be amended to include the revised legal description and the
documents can be filed at the courthouse. The new legal description shall apply
to the rezoning, the subdivision plat and the annexation of this property.
Council Member Buschkoetter
introduced Ordinance No. 7107, being Subsection 1 of Agenda Item V to repeal Ordinance
No. 7065 and to vacate the south half of 10th Street abutting Lots 1 and 38 of
Block 4 on the north and Lots 1 and 38 of Block 5 on the north of now vacated
South Park Addition to the City of Kearney, Buffalo County, Nebraska and that
part of vacated Avenue G abutting said Lot 1 of Block 4 on the east and
abutting said Lot 38 of Block 5 on the west and the east 10 feet of vacated
Avenue F abutting said Lot 38 of Block 4 on the west and all located in the
Northwest Quarter of the Northeast Quarter of Section 12, Township 8 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska, and moved that the
statutory rules requiring ordinances to be read by title on three different
days be suspended and said ordinances be considered for passage on the same day
upon reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member Blankenship seconded the
motion to suspend the rules. President of the Council asked for
discussion or if anyone in the audience was interested in the ordinance.
No one responded. Clerk called the roll which resulted as follows:
Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None.
Motion to suspend the rules having been concurred in by three-fourths of the
City Council, said motion was declared passed and adopted. City Clerk
read Ordinance No. 7107 by number. Roll call of those in favor of the
passage of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Blankenship seconded by
Kearney that Ordinance No. 7107 be passed, approved and published as required
by law. Roll call resulted as follows: Aye: Blankenship,
Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7107 is declared
to be lawfully passed and adopted upon publication in pamphlet form and made
available to the public at the Office of the City Clerk, the Kearney Police
Department and the Kearney Public Library.
ORDINANCE NO. 7108 – REPEAL
ORDINANCE NO. 7066 AND REZONE PROPERTY LOCATED BETWEEN AVENUE D AND AVENUE H
AND SOUTH OF 10TH STREET TO 8TH STREET)
Council Member Buschkoetter
introduced Ordinance No. 7108, being Subsection 2 of Agenda Item V to repeal
Ordinance No. 7066 and to rezone from “District R-1, Urban Residential Single
Family District (Low Density)” to “District R-2, Urban Residential
Mixed-Density District” property described as a tract of land being part of
Northwest Quarter of the Northeast Quarter and part of the East Half of the
Northeast Quarter of the Northwest Quarter of Section 12, Township 8 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska (between Avenue D and
Avenue H and south of 10th Street to 8th Street), and moved that the statutory
rules requiring ordinances to be read by title on three different days be
suspended and said ordinances be considered for passage on the same day upon
reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member Blankenship seconded the
motion to suspend the rules. President of the Council asked for
discussion or if anyone in the audience was interested in the ordinance.
No one responded. Clerk called the roll which resulted as follows:
Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None.
Motion to suspend the rules having been concurred in by three-fourths of the
City Council, said motion was declared passed and adopted. City Clerk
read Ordinance No. 7108 by number. Roll call of those in favor of the
passage of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Blankenship seconded by
Kearney that Ordinance No. 7108 be passed, approved and published as required
by law. Roll call resulted as follows: Aye: Blankenship,
Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7108 is
declared to be lawfully passed and adopted upon publication in pamphlet form
and made available to the public at the Office of the City Clerk, the Kearney
Police Department and the Kearney Public Library.
VI. REGULAR AGENDA
ORDINANCE NO. 7109 – GRANT
CONDITIONAL USE PERMIT TO GRYPHON WIRELESS
Council Member Kearney introduced
Ordinance No. 7109, being Subsection 1 of Agenda Item VI to grant a Conditional
Use Permit to Gryphon Wireless, LLC (Applicant) and Sea Dog Trading Co., LLC
(Owner) to locate a wireless telecommunications tower on property zoned
“District C-1, Limited Commercial District” and described as Lot 3, Northridge
Addition to the City of Kearney, Buffalo County, Nebraska (3720 Avenue A, Suite
B), and moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and said ordinances be considered for
passage on the same day upon reading by number only, and then placed on final
passage and that the City Clerk be permitted to call out the number of the
ordinance on its first reading and then upon its final passage. Council
Member Clouse seconded the motion to suspend the rules. President of the
Council asked for discussion or if anyone in the audience was interested in the
ordinance. No one responded. Clerk called the roll which resulted
as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.
Nay: None. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and
adopted. City Clerk read Ordinance No. 7109 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Blankenship, Hadley, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried. Ordinance was read
by number.
Moved by Clouse seconded by
Hadley that Ordinance No. 7109 be passed, approved and published as required by
law. Roll call resulted as follows: Aye: Blankenship, Clouse,
Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7109 is
declared to be lawfully passed and adopted upon publication in pamphlet form
and made available to the public at the Office of the City Clerk, the Kearney
Police Department and the Kearney Public Library.
ORDINANCE NO. 7110 – GRANT
CONDITIONAL USE PERMIT TO WESTERN WIRELESS
Council Member Kearney introduced
Ordinance No. 7110, being Subsection 2 of Agenda Item VI to grant a Conditional
Use Permit to Paul Wozniak for Western Wireless (Applicant) and Midtown
Communications (Owner) for the co-location of two antennas on an existing tower
owned by Midtown Communications, Inc. on property zoned “District AG,
Agricultural District” and described as a tract of land being a part of the
Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th
P.M., containing 7.65 acres, more or less, Buffalo County, Nebraska (2811 West
39th Street), and moved that the statutory rules requiring ordinances to be
read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the
number of the ordinance on its first reading and then upon its final
passage. Council Member Clouse seconded the motion to suspend the rules.
President of the Council asked for discussion or if anyone in the audience was
interested in the ordinance. No one responded. Clerk called the
roll which resulted as follows: Aye: Blankenship, Hadley, Clouse,
Kearney, Buschkoetter. Nay: None. Motion to suspend the rules
having been concurred in by three-fourths of the City Council, said motion was
declared passed and adopted. City Clerk read Ordinance No. 7110 by
number. Roll call of those in favor of the passage of said ordinance on
the first reading resulted as follows: Aye: Blankenship, Hadley, Clouse,
Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance
was read by number.
Moved by Clouse seconded by
Hadley that Ordinance No. 7110 be passed, approved and published as required by
law. Roll call resulted as follows: Aye: Blankenship, Clouse,
Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7110 is
declared to be lawfully passed and adopted upon publication in pamphlet form
and made available to the public at the Office of the City Clerk, the Kearney
Police Department and the Kearney Public Library.
ORDINANCE NO. 7111 – ADOPT REVISED
BUDGET STATEMENT
Council Member Kearney introduced
Ordinance No. 7111, being Subsection 3 of Agenda Item VI to adopt the City of
Kearney Revised Budget Statement to be termed the Annual Appropriation Bill and
to appropriate sums for necessary expenses and liabilities, and moved that the
statutory rules requiring ordinances to be read by title on three different
days be suspended and said ordinances be considered for passage on the same day
upon reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member Clouse seconded the
motion to suspend the rules. President of the Council asked for
discussion or if anyone in the audience was interested in the ordinance. No
one responded. Clerk called the roll which resulted as follows:
Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None.
Motion to suspend the rules having been concurred in by three-fourths of the
City Council, said motion was declared passed and adopted. City Clerk
read Ordinance No. 7111 by number. Roll call of those in favor of the
passage of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Clouse seconded by
Hadley that Ordinance No. 7111 be passed, approved and published as required by
law. Roll call resulted as follows: Aye: Blankenship, Clouse,
Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7111 is
declared to be lawfully passed and adopted upon publication in pamphlet form
and made available to the public at the Office of the City Clerk, the Kearney
Police Department and the Kearney Public Library.
LEVY ALLOCATION FOR COMMUNITY
REDEVELOPMENT AUTHORITY AND OFFSTREET PARKING DISTRICT NO. 1
Mayor Blankenship opened for
discussion the final allocation of levy authority in the amount of $127,500.00
for the Community Redevelopment Authority of the City of Kearney for fiscal
year 2004-2005 and the final allocation of levy authority in the amount of
$25,000.00 for Offstreet Parking District No. 1 for fiscal year 2004-2005 and
to consider approval of Resolution No. 2004-154.
Director of Administration and
Finance Wendell Wessels presented this matter to the Council. On April 11,
1996, the Nebraska Legislature enacted LB 1114 which reduced or eliminated the
rate of taxation for property taxes authorized for cities and other political
subdivisions. Under LB 1114, the rates for levying property taxes are
limited for each type of governmental unit in the State of Nebraska. The
rate for cities such as Kearney, after July 1, 1998, may not exceed $.45 per
one hundred dollars of taxable value plus an additional $.05 for payments due
under Inter-Local Cooperation Act agreements. Additionally, after July 1,
1998, the allowable tax rates for Community Redevelopment Authorities and Offstreet
Parking Districts have been eliminated.
Under LB 1114, the Community
Redevelopment Authority and Offstreet Parking District No. 1 may submit a
“Preliminary Request for Levy Allocation” to the City Council and be allocated
property taxes, as authorized by law, which are allowed for the City of
Kearney. If the City Council approves a “Final Levy Allocation” for the
Community Redevelopment Authority and Offstreet Parking District No. 1, their
levy will be counted in the City of Kearney levy limit, which is $.45 per one
hundred dollars of taxable value.
State Statute Section 77-3443.03
requires Community Redevelopment Authorities and Offstreet Parking Districts to
submit a preliminary request for levy allocation to the City Council prior to
August 1. Additionally, State Statute Section 77-3443.04 requires the
City Council to adopt, by September 1, a resolution which determines a final
allocation of levy authority for the Community Redevelopment Authority and Offstreet
Parking District No. 1.
The Community Redevelopment
Authority and Offstreet Parking District No. 1 rely on property taxes as a
primary revenue source each year. The City Council is required to approve,
modify, or deny the “Final Levy Allocation” for these two political
subdivisions pursuant to the Nebraska Budget Act.
The Community Redevelopment
Authority has submitted a 2004 “Preliminary Request for Levy Allocation” in the
amount of $127,500.00 and the Downtown Improvement Board has submitted a 2004
“Preliminary Request for Levy Allocation” in the amount of $25,000.00. The
Community Redevelopment Authority 2004 tax request is $18,360.00 more than the
2003 tax request and the Offstreet Parking District No. 1 2004 tax request is
the same as the 2003 tax request.
LB 1114 requires that the City Council
determine a “Final Allocation of Levy Authority” for the Community
Redevelopment Authority and Offstreet Parking District No. 1 by September
1. Based on the tax requirements included in the 2004-2005 budgets for
the City of Kearney, the Community Redevelopment Authority, and Offstreet
Parking District No. 1, the combined tax rate for all three entities will be
well below the $.45 per one hundred dollars of taxable value allowed under LB
1114 for 2004.
Moved by Hadley seconded by
Buschkoetter to approve the final allocation of levy authority in the amount of
$127,500.00 for the Community Redevelopment Authority of the City of Kearney
for fiscal year 2004-2005 and the final allocation of levy authority in the
amount of $25,000.00 for Offstreet Parking District No. 1 for fiscal year
2004-2005 and approve Resolution No. 2004-154. Roll call resulted as
follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.
Nay: None. Motion carried.
RESOLUTION NO.
2004-154
WHEREAS, Neb. Rev. Stat. Section 77-3443.03, (R.R.S. 1943), as amended),
requires Community Redevelopment Authorities and Offstreet Parking Districts to
submit a preliminary request for levy allocation, on or before August 1, to the
City Council; and
WHEREAS, the Community Redevelopment Authority of the City of Kearney submitted
to the City, on July 31, 2004, a preliminary request for levy allocation in the
amount of $127,500.00; and
WHEREAS, the Downtown Improvement Board, on behalf of Offstreet Parking
District No. 1, submitted to the City, on July 31, 2004, a preliminary request
for levy allocation in the amount of $25,000.00; and
WHEREAS, Neb. Rev. Stat. Section 77-3443.04, as amended, requires the City
Council to adopt, by September 1, a resolution (by a majority vote of members
present) which determines a final allocation of levy authority to the Community
Redevelopment Authority and Offstreet Parking District No. 1.
NOW, THEREFORE, BE IT RESOLVED by
the Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to
the provisions of Neb. Rev. Stat. Section 77-3443.04 (R.R.S. 1943), as amended,
that a final allocation of levy authority of $127,500.00 is hereby approved for
the Community Redevelopment Authority of the City of Kearney for 2004 and a
final allocation of levy authority of $25,000.00 is hereby approved for Offstreet
Parking District No. 1 for 2004.
BE IT FURTHER RESOLVED by the
Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to the
provisions of Neb. Rev. Stat. Section 77-3443.04 (R.R.S. 1943), that the City
Clerk is ordered to forward a copy of this resolution to the chairperson of the
Community Redevelopment Authority of the City of Kearney and the chairperson of
the Downtown Improvement Board.
BE IT FURTHER RESOLVED that all ordinances and resolutions or parts if
ordinances and resolutions in conflict herewith are hereby repealed.
BE IT FURTHER RESOLVED that this
Resolution shall be in full force and effect September 1, 2004, and shall be
published in pamphlet form.
PASSED AND APPROVED THIS 24TH DAY OF AUGUST, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
PLANS AND SPECIFICATIONS FOR 2004
PART I IMPROVEMENTS, PHASE IV
Mayor Blankenship opened for
discussion the Plans and Specifications for the 2004 Part I Improvements,
Phase IV consisting of Paving Improvement District No. 2004-885 for 30th
Avenue from Highway 30 south to LaCrosse Road and set the bid opening date for
September 15, 2004 at 2:00 p.m.
David Mead from Miller &
Associates presented this matter to the Council. As part of the 2004 Long Range
Goals, budget process, and the current One and Six Year Street Plan, the City
Council approved the upgrade of 30th Avenue to a four lane roadway. The City is
ready to advertise and receive bids for the construction of the fourth and final
phase of the project – 30th Avenue from Highway 30 south to LaCrosse
Drive. The Engineer’s Opinion of Probable Construction Cost ranges
between $500,000 and $1,000,000. The work involved is scheduled to be
substantially complete and open to traffic before December 1, 2004.
Mayor Blankenship asked about
completion dates of the other phases of this project. Phase II for the
first part of the paving was scheduled to be completed on July 31st, however it
is still in progress. Phase III for north of 39th Street is scheduled to
be completed November. This paving project is to be completed December 1,
2004.
Director of Public Works Rod Wiederspan
stated that the standard penalty of $400 per day for liquidated damages would apply
to this project if the project were not completed by the date stated. Council
members asked if this was a standard amount or if it is a state mandated
amount. Mr. Wiederspan stated it is difficult to determine an amount for
liquidated damages; however, the $400 is a standard amount that has held up in
court. This is the number that historically has been used
elsewhere. The City of Kearney has never been in a court case regarding
such penalties.
Mr. Wiederspan further stated
they would like to bid the project, get a contractor lined up and set the
schedule. When that is done, they will meet with the residents about the
plan to get them in and out of their homes. There will be access roads
built to accommodate them during the project. The duplexes have
volunteered their clubhouse to use for those meetings. These meetings
were scheduled earlier but due to the late start on the project, they were
postponed.
30th Avenue will be closed for
this process. Mr. Wiederspan stated they met with the businesses in that
area where they laid out the process on how the City would like to see it
happen although this is starting late in the fall. The storm sewer
portion can go in on the east side without tearing up the asphalt roadway, but
the road will be closed during the process. If there is inclement
weather, they can choose to open it through the winter and go back in the
spring to finish the project. If all is going well, then they will have
the contractor tear out a portion of the asphalt and pave the east portion all
the way through the project. At that point, they will assess the winter
situation and if needed can put the traffic back on the two east lanes for the
winter. They gave the businesses the option to wait until next year to do this
portion, but they indicated they would prefer to get it done this year.
They looked back at historical winter weather data and in the past few years
they have been pouring concrete well into December. If they get a winter
like they know they can get, then they would have to shut down early in the
season, they do have cutoff points so they can still maintain traffic during
the winter months.
Moved by Buschkoetter seconded by
Blankenship to approve the Plans and Specifications for the 2004 Part I
Improvements, Phase IV consisting of Paving Improvement District No.
2004-885 for 30th Avenue from Highway 30 south to LaCrosse Road and set the bid
opening date for September 15, 2004 at 2:00 p.m. Roll call resulted as
follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.
Nay: None. Motion carried.
OPEN ACCOUNT CLAIMS
-- NPPD -- $78,686.00
Moved by Blankenship seconded by
Kearney that Open Account Claims in the amount of $78,686.00 payable to NPPD be
allowed. Roll call resulted as follows: Aye: Blankenship, Hadley,
Kearney, Buschkoetter. Nay: None. Clouse abstained. Motion
carried.
VII. REPORTS
None.
VIII. ADJOURN
Moved by Kearney seconded by
Clouse that Council adjourn at 8:13 p.m. Roll call resulted as
follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.
Nay: None. Motion carried.
BRUCE L. BLANKENSHIP
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK