Kearney, Nebraska
December 13, 2005
7:00 p.m.
A meeting of the City Council of Kearney, Nebraska, was
convened in open and public session at 7:00 p.m. on December 13, 2005, in the Council
Chambers at City Hall. Present were: Galen D. Hadley, President of the
Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don
Kearney, Stan Clouse, and Bruce Lear. Absent: None. Michael W. Morgan,
City Manager; Michael Tye, City Attorney; Amber Brown, Management Assistant;
Wendell Wessels, Director of Finance and Administration; and Rod Wiederspan,
Director of Public Works were also present. Some of the citizens present in the
audience included: Jerry Thompson, Steve Johnson, Ken Tracy, Gisel Theis, Terry
Eirich, Sonny O’Connor, Jaret Pettit, Todd Walton, Rich Spellman, Judy
Spellman, Emmett Maul, Barb Thompson, Tom Tye, Larry Butler, Paul Younes, Terry
Broadfoot, Mark Benjamin, Jerry Grossart, Hong Lim, Khim Lim, Doug Holmes,
Michelle Liming, Rhoda Brown, Mike Cahill from KKPR Radio, Mike Konz from
Kearney Hub, and Steve Altmaier from KGFW 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
A moment of silent prayer was held.
PLEDGE OF ALLEGIANCE
The Kearney Volunteer Fire Department led the Council
members and audience in the Pledge of Allegiance.
RECOGNITION – KVFD SERVICE AWARDS
Mayor Hadley and Council Members recognized and presented
service awards to the following firefighters of the Kearney Volunteer Fire
Department: Richard Spellman – 30 years, Jerry Thompson – 15 years, Todd Walton
– 10 years, Jason Whalen – 5 years. These firefighters have given many
hours of their time in responding to fire-rescue emergencies, firefighter
training, assisting with public fire prevention and safety education programs,
serving as fire department officers, and serving on various types of
committees.
RECOGNITION – KVFD FIREFIGHTER 1 COURSE CERTIFICATES
The following firefighters of the Kearney Volunteer Fire
Department were recognized for their completion of the Firefighter I Course.
Mayor Hadley and Council Members presented Certificates of Training awards to
Sonny O’Connor and Jared Pettit. These individuals have already dedicated a
minimum of 120 hours in this course. In addition to the Firefighter 1 Course,
these individuals are continuously training with other firefighters at monthly
and specialty trainings.
RECOGNITION – RESOLUTION OF APPRECIATION AND SUPPORT TO THE KEARNEY VOLUNTEER FIRE DEPARTMENT
Mayor Hadley read the following Resolution of Appreciation
and Support and presented it to the Kearney Volunteer Fire Department.
CITY OF KEARNEY, NEBRASKA
RESOLUTION OF APPRECIATION AND SUPPORT
WHEREAS, the City of Kearney, Nebraska is very fortunate to have been blessed
with citizens who have dedicated their time and lives to serve as volunteer
firefighters at the Kearney Volunteer Fire Department; and
WHEREAS, the Insurance Services Office recently completed a Public Protection
Classification survey for the City of Kearney as to the structure fire
suppression delivery system and Kearney received the overall fire safety rating
of a Class 2 (throughout the United States, only 0.7% of the communities rated
by ISO have achieved a Class 2 rating); and
WHEREAS, the members of the Kearney Volunteer Fire Department volunteer
countless hours to receive training in an effort to provide fire safety within
the City of Kearney and the surrounding area; and
WHEREAS,
these volunteer firefighters are instrumental in saving lives and property
through their tireless efforts and dedication; and
WHEREAS,
the City Council and the citizens of the City of Kearney wish to express their
gratitude and praise to each and every one of these volunteer firefighters for
all of their efforts in saving lives and property within the City of Kearney
and the surrounding area.
NOW, THEREFORE, BE IT
RESOLVED that on behalf of the citizens of Kearney, Nebraska we want to express
our deepest gratitude for the unselfish dedication, volunteerism and efforts
given by each of these firefighters of the Kearney Volunteer Fire Department.
Passed and approved this 13th day of December, 2005.
ORAL COMMUNICATIONS
There was no Oral Communications.
II.
UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC
HEARINGS
LIQUOR/MANAGER APPLICATION FOR JERSEY’S SPORTS BAR
Mayor Hadley opened the public hearing on the application
for a Class I-70888 Liquor License submitted by JERSEY’S SPORTS BAR AND GRILL,
LLC, dba “Jersey’s Sports Bar”, located at 5012 3rd Avenue, and the application
for Corporation Manager of Douglas Holmes, and to consider approval of
Resolution No. 2005-201.
According to Section
53-132(2) of the Nebraska Revised Statutes states: A retail license or
bottle club license shall be issued to any qualified applicant if it is found
by the Liquor Commission that:
1. the applicant is fit, willing, and able to properly
provide the service proposed within the city, village, or county where the
premises described in the application are located;
2. the applicant can conform to all provisions,
requirements, rules, and regulations provided for in the Nebraska Liquor
Control Act;
3. the applicant has demonstrated that the type of
management and control exercised over the licensed premises will be sufficient
to insure that the licensed business can conform to all provisions,
requirements, rules, and regulations provided for in the Nebraska Liquor
Control Act, and
4. the issuance of the license is or will be required by
the present or future public convenience and necessity.
This is an application for
a new licensed establishment and new management. The business is newly
constructed and this would be an additional license for the community. A
background investigation was conducted on Doug Holmes as corporate owner and
Michelle Liming as operations manager. Jersey’s Sports Bar is opening a new
restaurant at 5012 3rd Avenue and is requesting a license to sell liquor on the
premises only with the food.
The City Council is
concerned with the selling of alcohol to minors in our community, and wants to
encourage all license holders to provide the necessary training to all
employees that sell or dispense alcohol. Therefore, City staff has developed a
form entitled “Liquor License Training Compliance” requiring applicants to
document and verify training compliance of their employees. Doug Holmes has
returned the form showing Michelle Liming completed the “Responsible Beverage
Training Program on November 16, 2005 and that he would be completing the
course in the near future.
Doug Holmes, 511 Durinda Street, St. Libory, Nebraska presented this matter to the Council. He stated that in his conversations with
Officer McLaughlin of the Kearney Police Department and Investigator Lori
Rogers with the Nebraska State Patrol, he assured them that in their hiring
policy for the sports bar they are implementing an employee handbook. The
state patrol has an excellent on-line training program that all employees
including kitchen staff and dishwashers will be required to take and pass
before they are allowed to work for them. He realizes that this is an
extremely sensitive situation that carries a lot of responsibility and they
certainly take it seriously.
Council member Clouse stated their application and the
report that was completed by the police officer was very thorough. He did
not have any problems with this application. Council member Kearney stated that they are very concerned about minors here in Kearney regarding some
bad experiences in the past. He expressed his hope that they will be
extra cautious regarding this.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Clouse to close the hearing and
recommend approval of the application for a Class I-70888 Liquor License
submitted by JERSEY’S SPORTS BAR AND GRILL, LLC, dba “Jersey’s Sports Bar”,
located at 5012 3rd Avenue, approve the application for Corporation Manager of
Douglas Holmes, and approve Resolution No. 2005-201. Roll call resulted as
follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion
carried.
RESOLUTION
NO. 2005-201
WHEREAS, JERSEY’S SPORTS BAR AND GRILL, dba “Jersey’s Sports Bar” has filed
with the Nebraska Liquor Control Commission and the City Clerk of the City of
Kearney, Nebraska, an application for a Class ‘I-70888’ (Beer, Wine and
Distilled Spirits – On Sale Only) Liquor License to do business at 5012 3rd
Avenue, Kearney, Nebraska, and has paid all fees and done all things required
by law as provided in the Nebraska Liquor Control Act; and
WHEREAS, JERSEY’S SPORTS BAR AND GRILL, dba “Jersey’s Sports Bar” also filed
with the Nebraska Liquor Control Commission and the City Clerk of the City of
Kearney, Nebraska, an application for Corporate Manager of Douglas Holmes; and
WHEREAS, a hearing was held relating to said application on December 13, 2005.
NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City
of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor
Control Commission of the issuance of a Class ‘I-70888’ (Beer, Wine and
Distilled Spirits – On Sale Only) Liquor License to JERSEY’S SPORTS BAR AND
GRILL, dba “Jersey’s Sports Bar” located at 5012 3rd Avenue, Kearney, Nebraska,
and to approve the application for Corporate Manager of Douglas Holmes.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED AND APPROVED THIS 13TH DAY OF DECEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
LIQUOR/MANAGER APPLICATION FOR BICO’S
Mayor Hadley opened the public hearing on the application
for a Class I-70918 Liquor License submitted by BOULEE, LLC, dba
“Bico’s”, located at 3012 West Highway 30, and the application for Corporation
Manager of Hong Lim, and to consider approval of Resolution No. 2005-202.
According to Section
53-132(2) of the Nebraska Revised Statutes states: A retail license or
bottle club license shall be issued to any qualified applicant if it is found
by the Liquor Commission that:
5. the applicant is fit, willing, and able to properly
provide the service proposed within the city, village, or county where the
premises described in the application are located;
6. the applicant can conform to all provisions,
requirements, rules, and regulations provided for in the Nebraska Liquor
Control Act;
7. the applicant has demonstrated that the type of
management and control exercised over the licensed premises will be sufficient
to insure that the licensed business can conform to all provisions,
requirements, rules, and regulations provided for in the Nebraska Liquor
Control Act, and
8. the issuance of the license is or will be required by
the present or future public convenience and necessity.
This is an application for
an existing licensed establishment but new management. Bico’s is
reopening an existing restaurant at 3012 West Highway 30 and is requesting a
license to sell liquor on the premises only with the food. A background
investigation was conducted on the business itself as well as Mr. Lim as the
owner/manager. Mr. Lim has experience in this type of business activity from
previously managed restaurants. During the background investigation, it was
determined that Mr. Lim’s driving privileges have been suspended. He did note
this on the application.
The City Council is
concerned with the selling of alcohol to minors in our community, and wants to
encourage all license holders to provide the necessary training to all
employees that sell or dispense alcohol. Therefore, City staff has developed a
form entitled “Liquor License Training Compliance” requiring applicants to
document and verify training compliance of their employees. Hong Lim, the
proposed manager, has returned the attached form showing that his employees
have or will complete training though the Kearney Police Department.
Hong Lim, 1403 17th Avenue, presented this matter to the
Council. He stated that he totally understood about what previously happened in
Kearney regarding serving to minors. He will be bringing in the Kearney
Police Department to host a seminar for his employees. Mayor Hadley
restated the Council takes underage drinking and abiding by liquor laws very
seriously.
Council member Clouse stated that the fact that there is a
suspension bothered him and he hoped that they pay much more attention to
following the liquor laws than they have in following other aspects of the law.
There was no one present in opposition to this hearing.
Moved by Clouse seconded by Lear to close the hearing and
recommend approval of the application for a Class I-70918 Liquor License
submitted by BOULEE, LLC, dba “Bico’s”, located at 3012 West Highway 30,
approve the application for Corporation Manager of Hong Lim, and approve
Resolution No. 2005-202. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
RESOLUTION
NO. 2005-202
WHEREAS, BOULEE, LLC, dba “Bico’s” has filed with the Nebraska Liquor Control
Commission and the City Clerk of the City of Kearney, Nebraska, an application
for a Class ‘I-70918’ (Beer, Wine and Distilled Spirits – On Sale Only) Liquor
License to do business at 3012 West Highway 30, Kearney, Nebraska, and has paid
all fees and done all things required by law as provided in the Nebraska Liquor
Control Act; and
WHEREAS, BOULEE, LLC, dba “Bico’s” also filed with the Nebraska Liquor Control
Commission and the City Clerk of the City of Kearney, Nebraska, an application
for Corporate Manager of Hong Lim; and
WHEREAS, a hearing was held relating to said application on December 13, 2005.
NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City
of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor
Control Commission of the issuance of a Class ‘I-70918’ (Beer, Wine and
Distilled Spirits – On Sale Only) Liquor License to BOULEE, LLC, dba “Bico’s” located
at 3012 West Highway 30, Kearney, Nebraska, and to approve the application for
Corporate Manager of Hong Lim.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED AND APPROVED THIS 13TH DAY OF DECEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
CONDITIONAL USE PERMIT – BROADFOOT SAND & GRAVEL
Mayor Hadley opened the public hearing on the Application
submitted by Terry Broadfoot from Broadfoot Sand & Gravel (Applicant) and
Van Vleet Family Limited Partnership (Owner) for a Conditional Use Permit to
locate a dredge operation to extract fill material on property zoned “District
AG, Agricultural District” and described as a tract of land being part of
Section 10, Township 8 North, Range 16 West of the 6th P.M., Buffalo County,
Nebraska (west of Kea West Avenue and north of Interstate 80. Note for
the record that the total acreage for this tract of land is 181.54
acres.) Planning Commission recommended approval with the following
conditions: (1) The duration of the permit shall be five years from the
date of issuance by City Council; (2) a site plan shall be approved and made
part of the permit; and (3) reservation of a strip of undisturbed land 100 feet
in width for future roadway corridor to line up with Talmadge Street to the
east. Said future roadway corridor shall be depicted on the Site
Plan.
The applicant is requesting
approval of a Conditional Use Permit (CUP) to mine sand and gravel and haul it
off site on the Van Vleet property located west of Kea West Avenue and north of
Interstate 80. The site area is 181.54 acres, more or less, although it
was advertised as only 11.427 acres. This difference in area was noted at
the Planning Commission hearing and the applicant stated that the intent was to
have the CUP apply to the entire 181.54 acres even though the first phase will
encompass a much smaller area.
As a conditional use, the
proposed operation is subject to any conditions that the City may require in
order to mitigate any negative external affects and make the project fit within
the context of its location and surroundings. As such, the permit is
temporary in nature as opposed to rezoning of the property to allow the
proposed use which would be perpetual. The City certainly would not
support rezoning this site to M-1 or M-2 that would allow resource extraction
by right. Therefore, staff reviewed this application and recommended to
the Planning Commission that the following conditions be attached and made a
part of the CUP:
(a) The
duration of the permit shall be five years from the date of issuance by the
City Council.
(b) A Site Plan
shall be approved and made a part of the permit depicting the areas of the site
to be mined, the areas to be left as they exist including trees and native
vegetation to be saved, areas for stockpiling of materials, phasing and
internal haul routes. The Public Works Department requests reservation of
a strip of undisturbed land 100 feet in width for future roadway corridor to
line up with Talmadge Street to the east. Said future roadway corridor
shall be depicted on the Site Plan.
(c) No truck
traffic originating or returning from this mining operation will be allowed at
any time on Kea West Avenue during the duration of the permit.
(d) All truck traffic
associated with this operation shall use 30th Avenue.
The Planning Commission
considered the testimony of the applicant and city staff and recommended
approval of the CUP with two conditions attached, represented by (a) and (b)
above, the five-year limit and a site plan. A site plan has been
submitted.
Even though the Planning
Commission was informed of staff concerns regarding heavy truck traffic on Kea West Avenue and potential conflicts with the patrons and activities of Yanney Park, they chose to allow the truck traffic with no conditions specified in the permit.
Apparently, the mutual consensus was that the park is not yet developed enough
to warrant concerns about truck traffic on a public city street. Although
this was their recommendation to City Council, City staff still believes that
the safety issues related to truck traffic are significant and that some
compromise be proposed to address this issue. By the applicant’s own
calculations there could be as many as 48 trucks per day on the roadway.
Yanney Park is still
developing. A new building called the ERC will be constructed this spring
at a cost approaching $1 million. A major new entrance and further
development of major park amenities are proposed along Kea West Avenue within
the next five years. The status of the park has been elevated
tremendously in recent negotiations with private benefactors. Many people
may not perceive Yanney Park as a park yet because it is still
developing. The park is designed to attract people to recreate and relax
and is especially used by young mothers and children. Many of the park
facilities encourage non supervised or less supervised activities. The
issue becomes one of risk and liability. On one side of the road we have
leisure services and on the other side an industrial gravel mine and truck
operation. Are these uses compatible? Why should people be put at
risk? Can we afford the liability when other options are available?
The gravel trucks can access 30th Avenue but it will not be as convenient and
will cost more to operate. 30th Avenue is a major arterial, one leg of
the Kearney Beltway while Kea West Avenue is only a collector street. An
internal haul road could be constructed to take all of the gravel off site from
30th Avenue.
Perhaps the conditions of
the permit should consider the development of the area. At this time
there is not much development in the area other than the park, and the park
itself is still developing. To some degree it makes sense to haul the
gravel now, while the area is undeveloped, instead of waiting for the future
when the conflicts between truck traffic and surrounding uses will be even
greater. If the permit is issued for five years one of the conditions
could be to limit use of Kea West Avenue to two years to allow the first phase
to be mined and allow time to build an internal haul road to 30th Avenue. If, after two years no significant development of the park has occurred
and none is anticipated in the immediate future, perhaps the Council would
extend the permit to use Kea West Avenue for an additional time period.
If major activity is occurring at the park, the 30th Avenue haul route would be
required. The Council could also add a condition to the permit that
requires the trucking operation to be suspended with 48 hours notice from the
City of major community activities that are planned at the park during business
hours.
For comparisons sake, Harmon Park could be used as an example. Unlike Yanney, Harmon is fully
developed. Would citizens support a trucking route next to Harmon Park? If Yanney Park develops at the anticipated rate over the next five years
would citizens support a trucking route next to the park? If it fails to
develop at that rate, then maybe the trucking is acceptable. One must
consider also that any major benefactor that is contemplating a large donation
to the park may think twice about doing so with unrestricted heavy truck
traffic next to the park for the next five years.
Attorney Larry Butler presented this matter to the Council.
He represents Terry Broadfoot, Paul Younes and Mark Benjamin (BD Construction).
The intent is to develop this land into a residential area, using multiple
lakes and residential lots around them. To accomplish this, these three
individuals have contracted with Broadfoot Sand & Gravel to pump the gravel
and sand out of that property to create lakes. Mr. Butler originally
contacted City officials in early August to discuss the project. It was
his understanding at that time; they thought that this looked like a feasible
project.
City staff requested the applicant get some kind of
direction from the Army Corp. of Engineers because there was a potential that
there were some wetlands on some of this area. He received a letter from
the Army Corp. of Engineers, dated August 19, 2005, indicating that they do not
have any regulatory problems with this proposal. Based on that information,
they submitted an application. They had a hearing before the Planning
Commission on November 18, 2005. A few days prior to that, he received a
phone call from Mr. Lang indicating that the City had some concerns with the
project. He believed that basically the concern was regarding the control
of traffic on Kea West Avenue. During the DRT meeting (November 16), they
were able to resolve some of the issues, but the major issue about Kea West Avenue remained unresolved.
He explained that the original proposal was to start pumping
on the west and move east. They decided after that meeting, it would be better
to start on the east, pumping that out and starting on that part of the
development. These lots would be developed into residential lots, which
would be closest to Yanney Park. The reason for this would be that the
indication from the City was concern about the effect on Yanney Park and the traffic that would be using it. The result of the specific concern about
traffic on Kea West Avenue was that Planning Commission unanimously agreed to
recommend to City Council that the CUP be approved with the only restriction of
five years and the site plan contain a 100-foot corridor to allow for the
extension of Talmadge Road sometime in the future.
Mr. Butler stated that they did agree to that, but had made
some compromises earlier. Their intention is to do this project very
slowly; it is not their intention to make this the major site for Broadfoots in
terms of gravel. They will not have more than one pump on this location.
They will not be running numerous trucks; some days there will be none at
all. There was also considerable discussion previously about other trucks
that use Kea West Avenue. There is another Broadfoot business (not
related to this business) that uses it on their gravel operation.
Mr. Butler agreed that Yanney Park is an asset to the
community and they have certainly supported it in terms of the cliental that he
represents. Yanney Park still has to be a neighbor to the other
utilizations of those surrounding properties. His clients believe that
this project will be advantageous because as the residential area is developed,
than the park will develop. Most activities at Yanney Park sit back from Kea West Avenue, not right up next to it.
The alternative the City had previously offered is that they
use 30th Avenue, which they did not find to be a reasonable alternative for the
east part of the project. He stated that 30th Avenue south of 11th Street is gravel and has a wooden bridge, which is not in the best condition (although
they would help to maintain it). On 30th Avenue, there is a new church
with numerous activities throughout the week. A proposal is being looked
into for a second church to be built around that same location. He
believed that most importantly, just east of 30th Avenue is West Lincolnway Park which has a lot of activity on it. With the number of ballgames
and the number of children that use that park, is not a good alternative for
them to use 30th Avenue at this time. They maintain using Kea West Avenue at least until the east part of the project developed. They agree to
accept the five-year CUP. In actuality, it will probably be a 10-12 year
process. The new proposal is to use Kea West Avenue for only two years,
which is not acceptable to them. What two years says to them is to get
out and put a lot of traffic out there and utilize it a lot. That is what
they want to avoid.
The Planning Commission recognized and considered these
issues and recommended unanimously to City Council to not restrict their
utilization of Kea West Avenue. He thought that Council should take that
as strongly as they meant it. Planning Commission member Stan Dart
offered to write a letter to that effect. Jim Ganz, Jr. offered to come
to the Council Meeting as Chairman of the Planning Commission to inform you how
they reviewed this issue.
Mr. Butler also voiced concern about wording that was used
by the City official which he did not know was a scare tactic or
unfounded. The statement was completely unfounded regarding the effect on
a possible donor to a private foundation if Broadfoot were allowed to use Kea West Avenue. Mr. Butler stated that the purpose of this project is to enhance this
area. He compared the area to the Grandpa’s Steak House area, because he
believed if the lakes were not there that area would not have developed.
The amenities, like the lakes, make those areas attractive. They estimate
it will take five years to pump the east. The problem with hauling out to
the west is there is a natural waterway that runs though this. For them
to be able to drive from the eastside to the west would require to build some
kind of wooden bridge to get there because that accumulates water. When
they get to the other end they will try to switch and pump from that side.
For the east side pumping, they need to be able to use Kea West Avenue with a
five-year CUP.
Mr. Butler stated they have submitted a second site plan to
the City. His understanding is that it was approved except that they have
some right angles where the 100-foot corridor goes through. From what he
understands, they realize that as they start pumping they will follow where the
gravel is. They have not cored that entire land so as they start pumping,
the exact road corridor might be determined. They are very much agreeable
that that they will leave a 100-foot corridor though there to run Talmadge Road. The rest of the requirements are not a problem.
Council member Clouse asked about activities out there
because one of the concerns is the safety aspect. He asked if they are
willing to work with Yanney Park officials if they have some big events to cut
back on hauling. Mr. Butler responded they were in agreement. The
original proposal was for them to give 48-hours notice before a big
event. It was discussed at Planning Commission they will work with them
after notice because they do not want to drive through lots traffic, which is
not profitable. Yanney Park also enhances the lots that they want to
sell, so they want to see Yanney be successful.
Council member Buschkoetter asked how difficult would it be
to have to come back to the Planning Commission after two years and ask for the
extension at that time? Mr. Butler stated that would be extremely
difficult because they are going to make a $500,000 investment into this piece
of land. To potentially have that access cut off before they can develop
the entire eastern section would be economically unfeasible. Council
member Buschkoetter suggested that if they were being a good neighbor to Yanney Park with a good relationship, they could always come back and ask for an extension
of the CUP. Mr. Butler again stated that borrowing money and making that kind
of commitment without assurance of adequate time to complete the eastern
development would not be feasible. He wanted to make sure everyone knew
this would not be their major pumping site because that has already been
established.
Mr. Butler stated that they would be cooperative with Yanney Park, but to limit them to anything short of five years would not be economically
feasible. Mr. Butler stated that they want to be cooperative and have
made some compromises; they originally wanted the CUP for ten years. They
basically were told that was not going to fly so they came back and agreed to five
years.
Mayor Hadley stated that all parties involved need to make
sure this results in a win/win situation. He believed that the entire
development will eventually be a wonderful place with Yanney Park, etc. He has every confidence that Mr. Butler, his clients, the Yanney Park people, and the City can work together to see that it does not become a
problem. It is in the best interest of everybody that it does work.
Council members Lear and Kearney agreed.
Council member Buschkoetter stated in addition to the
humanities and good neighbor aspect, there is a vested financial interest to
make sure this operation is done safely for Broadfoot and his company.
Council member Buschkoetter also expressed his confidence that the safety
aspect will be mitigated the best way possible. He commented that the
Council is in a rather difficult position by having to make a decision based on
the advise from two different groups, both of which they trust. They obviously
have a lot of faith in the Planning Commission that is a very important
advisory board to them, but City staff was also doing their job by giving their
information.
There was no one present in opposition to this hearing.
Moved by Lear seconded by Buschkoetter to close the hearing
and approve the Application submitted by Terry Broadfoot from Broadfoot Sand
& Gravel (Applicant) and Van Vleet Family Limited Partnership (Owner) for a
Conditional Use Permit to locate a dredge operation to extract fill material on
property zoned “District AG, Agricultural District” and described as a tract of
land being part of Section 10, Township 8 North, Range 16 West of the 6th P.M.,
Buffalo County, Nebraska (west of Kea West Avenue and north of Interstate 80
noting that the total acreage for this tract of land is 181.54 acres) subject
to compliance with the following conditions: (1) The duration of the permit
shall be five years from the date of issuance by the City Council; (2) a site
plan shall be approved and made a part of the permit; (3) Permittee shall
reserve a strip of undisturbed land 100 feet in width for future roadway
corridor to line up with Talmadge Street to the east; said future roadway
corridor shall be depicted on the Site Plan; and (4) Permittee shall make every
effort to coordinate with Yanney Heritage Park officials, as requested,
regarding possible events that might create conflicts with truck traffic. Roll
call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse.
Nay: None. Motion carried.
PROPOSED AMENDMENT TO SECTION 47-105 “ACCESSORY BUILDINGS
FOR RR-1 AND RR-2 DISTRICTS”
Mayor Hadley opened the public hearing on the proposed
amendment to Section 47-105 C “Accessory Buildings for RR-1 and RR-2 Districts”
of Chapter 47 “Supplemental Development Regulations” of the Unified Land
Development Ordinance, a part of the Code of the City of Kearney to decrease
the footage required for Interior Side Yard to 25 feet and to define the
requirements for animal production in the RR-1 and RR-2 Districts and the
separation from residential uses for animal production. Planning
Commission recommended approval.
Director of Public Works
Rod Wiederspan presented this matter to the Council. In September a proposed
code amendment for interior sideyard setbacks for accessory buildings in
District RR zones was brought before the Planning Commission. At that
time, Janis Hoagland and her husband had requested the amendment to solve a
problem they had with siting a detached garage on a lot with steep
terrain. The Planning Commission believed the best alternative was to
send the Hoagland’s to the Board of Adjustment rather than amending the code
section which would then apply to all District RR zone settings. When the
issue went to the City Council some concerns were raised as to how this
amendment related to the keeping of livestock animals in the RR zones and the
Council remanded the issue back to Planning Commission for further
review. In November, the Planning Commission heard the issue again and
voted in support of the amendment proposed by the City Planning Staff.
Chapter 47 of the Unified
Land Development Ordinance (UDO), “Supplemental Development Regulations”
specifies setbacks for accessory buildings in different residential zoning districts
under Section 47-105 (c). In District RR-1, Rural Residential District
(Rural Standards) and District RR-2, Rural Residential District (Intermediate
Standards) the side yard setback for accessory buildings is currently 50
feet. This setback seems excessive for detached garages or shop buildings
but acceptable for barns, stables and similar buildings for the keeping of
animals. The proposed amendment is designed to allow for both
situations. It shows the required interior side yard to be 25 feet with
an asterisk that refers the reader to a section below that sets forth
requirements for animal production in the RR-1 and RR-2 districts. If the
building will be used for the keeping of animals the setback shall be increased
from 25 to 50 feet from any property line.
In Chapter 46,
“Supplemental Use Regulations,” RR-1 and RR-2 residential is again referenced
in section 46-102. This section of the code is to be amended to be
consistent with the amendment of 47-105 to increase the setback from 25 feet to
50 feet for outbuildings used for the keeping of animals.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Hadley to close the
hearing and approve the proposed amendment to Section 47-105 C “Accessory Buildings
for RR-1 and RR-2 Districts” of Chapter 47 “Supplemental Development
Regulations” of the Unified Land Development Ordinance, a part of the Code of
the City of Kearney to decrease the footage required for Interior Side Yard to
25 feet and to define the requirements for animal production in the RR-1 and
RR-2 Districts and the separation from residential uses for animal production.
Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.
IV. CONSENT
AGENDA
Moved by Hadley seconded by Kearney that Subsections 1
through 3 of Consent Agenda Item IV be approved. Roll call resulted as follows:
Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
1. Approve
Minutes of Regular Meeting held November 22, 2005.
2. Approve
the following Claims: 3M $2,178.00 smcs; A Affordable Travel $105.00 smcs;
AT&T $112.41 smcs; A.M. Player $177.72 smcs; Ace Hardware $22.32 smcs; Ace
Irrigation $403.84 smcs; Advance Auto Parts $7.33 smcs; AFLAC $1,681.30 ps;
Alamar $392.81 smcs; Alley Rose $73.92 smcs; Allied Electronics $65.60 smcs;
Alltel $5,001.91 smcs; Amax Contracting $343.02 smcs; Amazon $22.21 smcs; Amer
Electric $143.47 smcs; Amer Library Assoc $120.00 smcs; AWWA $1,592.00 smcs;
Ampco Parking $23.75 smcs; Anderson Industrial Engine $96.23 smcs; ARFF Working
Group $125.00 smcs; Ask Supply $107.87 smcs; Athletic Bus Publication $485.00
smcs; Auto Glass Center $150.50 smcs; B&B Auto Glass $100.00 smcs; Baker
& Taylor $982.49 smcs; Bamford $450.00 smcs; Baristas Daily Grind $26.62
smcs; Barney Insurance $105.00 smcs; Bear Frame $49.95 smcs; Bellevue Settle
Inn $71.68 smcs; Ber Seminar $179.00 smcs; Big Flag $50.40 smcs; Bluecross
Blueshield $21,614.36 smcs; Bobs Super Store $293.01 smcs; Bookmark $378.98
smcs; Broadfoot's $980.00 smcs; Buffalo Co Attorney $18,750.00 smcs; Buffalo Co
Court $89.18 ps; Buffalo Co Election $10,000.16 smcs; Buggy Bath $2,118.75
smcs; Builders Warehouse $2,447.06 smcs,co; Buttress,S $2,458.57 smcs; Cabela's
$3,917.71 smcs; Cando $7,000.00 smcs; Cash-Wa $280.41 smcs; CED Enterprise
$350.08 smcs; Cellphoneshop.net $16.79 smcs; Centaur Enterprises $934.74 smcs;
Central Auto Electric $28.92 smcs; Central Fire & Safety $108.00 smcs;
Central Hydraulic $184.74 smcs; Central NE Equipment $81.10 smcs; CPNRD
$39,499.54 co; Chad $16.00 ps; Chamberlain Group $83.58 smcs; Charter
Communications $63.41 smcs; Charter Paging $22.46 smcs; Chesterman $180.50
smcs; City of Ky $182,546.97 smcs.ps; City of Salina $889.44 ps; Clark Enersen
Partners $2,321.40 co; College Savings Plan of NE $100.00 ps; Colorado Chapter
ICC $520.00 smcs; Computer Hardware $97.50 smcs; Computer Warehouse #4 $85.85
co; Conner,D $31.25 smcs; Conseco Life Insurance $38.00 ps; Construction Rental
$164.41 smcs; Copycat Printing $367.66 smcs; Corporate Apparel $285.04 smcs;
Council on Education $1,946.00 smcs; Cowpoke $424.80 smcs; Creative Teacher
$32.54 smcs; Crocker Monogramming $205.50 smcs; Crossroads Ford $745.96 smcs;
Culligan $175.00 smcs; Cummins Central Power $403.12 smcs; Danielson,S $179.20
smcs; Dawson Co Public Power $19,147.91 smcs; Dell $637.01 smcs,co; Delta Air
$599.58 smcs; Demco $352.61 smcs; Depository Trust $726,975.00 ds; Dept. of the
Treasury $1.64 ps; Double M Farms $2,000.00 smcs; DPC Industries $7,546.80
smcs; Dultmeier Sales $195.22 smcs; Dutton-Lainson $168.00 smcs; Eakes Office
$2,783.41 smcs,co; Earl May $79.99 co; Ecolab $27.00 smcs; EDM Equipment
$1,017.96 smcs; Eirich, Terry $50.00 smcs; Entenmann-Rovin $67.50 smcs; Envirotech
Services $3,794.67 smcs; Eustis Bodyshop $60.00 smcs; Expedia $15.00 smcs;
Express Distributing $142.50 smcs; Expression Wear $536.51 smcs; Extensis
$598.00 smcs; Fairbanks $921.44 smcs; Farmers Union $42.00 smcs; Fastenal
$429.67 smcs; Fiddelke Heating $176.45 smcs; Ford Credit $6,087.38 co; Foster,D
$15.97 smcs; Frontier $812.63 smcs; Galeton Gloves $68.15 smcs; Galls $93.99
smcs,co; Garrett Tires $1,625.51 smcs; Gary's I-80 $1,155.00 smcs; Gas N Shop
$20.25 smcs; Gordon's Small Engine $13.18 smcs; Graham Tire $42.93 smcs;
Grainger.com $1,667.69 smcs; Grand Central IGA $29.24 smcs; GI Independent
$138.00 smcs; Great Plains One Call $255.30 smcs; Greg Larson Sports $116.50
smcs; Gusset Clothing $122.47 smcs; Hach $358.74 smcs; Heggemeyer,L $33.21 smcs;
Highsmith $30.00 smcs; Hill,M $134.71 smcs; Hobby-Lobby $2.13 smcs; Hoffman
Petroleum $187.36 smcs; Holdiay Inn Express $134.64 smcs; Holiday $66.08 smcs;
Holmes Plumbing $516.66 smcs; Hometown Leasing $208.91 smcs; Horizon Middle
School $100.00 smcs; Hydrologic $355.26 smcs; I-80 Eppley Express $275.40 smcs;
ICMA Retirement Trust $5,184.26 ps; Industrial Fabrics $2,467.40 smcs; IRS
$174,113.06 ps; Int'l Code Council $143.50 smcs; Island Supply $290.00 smcs;
Jack Lederman $265.72 smcs; Jacobsen, Orr, Nelson $2,132.55 smcs; JC Penney
$2,096.63 smcs; John Deere Credit $5,354.40 ds; Johnson,S $50.00 smcs;
Johnstone Supply $13.11 smcs; JRS Western $3,338.18 smcs; K&K Parts $275.41
smcs; Ky Warehouse $1,041.94 smcs; Ky Area United Way $586.36 ps; Ky Concrete
$4,458.23 smcs,co; Ky Crete & Block $94.95 smcs; Ky Hub $221.00 smcs; Ky
Humane Society $10,000.00 smcs; Ky Implement $1,798.74 smcs; Ky Quality Sewing
$4.99 smcs; Ky Towing $1,102.50 smcs; Ky Winlectric $110.94 smcs; Ky Winnelson
$595.27 smcs; Ky Yamaha $720.21 smcs; Kelley,M $202.68 ps; Kelly Supply $766.38
smcs; Kicks 66 $31.19 smcs; Kids In Cars $85.44 smcs; Killlion Motors $518.39
smcs; Kirkwood,M $6.53 smcs; Kmart $58.74 smcs; Kooyman,R $200.00 ps; Kwik Stop
$14.90 smcs; Kyocera $57.47 smcs; L.T.'s Brokerage $779.20 smcs; Laser Art
Design $60.00 smcs; Lastar.com $126.54 smcs,co; Laughlin, Kathleen $720.00 ps;
Lawson Products $60.37 smcs; Lawyers Weekly $179.00 smcs; Lincoln Truck Center
$117.81 smcs; Linda's Upholstery $68.90 smcs; Lindner,S $232.33 smcs; Linweld
$355.31 smcs,co; LIPS Printing $266.50 smcs; Lockmobile $22.50 smcs; Loebig,J
$35.10 smcs; Luke,D $10.14 smcs; Magic Cleaning $250.00 smcs; Mail Express
$149.41 smcs; Marchand,M $359.62 smcs; Marlatt Machine Shop $75.00 smcs;
Marriott Cornhusker $224.00 smcs; Mathew Bender $28.45 smcs; Mclaughlin,P
$40.24 smcs; Menards $1,615.09 smcs; Metlife $4,083.25 ps; Midlands Contracting
$87,210.38 smcs,co; Midwest Laboratories $165.00 smcs; Midwest Turf $1,204.86
smcs; Mieth,T $26.76 smcs; Miller & Associates $10,900.00 smcs; Miller
Signs $445.00 smcs,co; Misko Sports $814.30 smcs; Morningstar $35.00 smcs;
Morris Press $12.50 smcs; Mosbarger,B $200.00 ps; Mr Automotive $1,564.89 smcs;
Municipal Supply $1,341.75 smcs; Murphy Tractor $36.79 smcs; Napa All Makes
$1,376.60 smcs; Nat'l Fire Sprinkler $50.00 smcs; NWWA $2,960.94 smcs; NCS
Equipment $126.80 smcs; NE Child Support $2,736.33 ps; NE Crime Commission
$3.00 smcs; NE Dept of Revenue $62,058.42 smcs,ps; NE DMV $32.50 co; NE
DOL/Office of Elevator $300.00 smcs; NE Health Lab $384.00 smcs; NE Machinery
$1,509.13 smcs; NE State Fire Marshal $360.00 smcs; NE Statewide $70.00 smcs;
NE Supreme Court $68.50 smcs; NE Well Drillers Assoc. $170.00 smcs; Newman
Traffic Signs $89.04 smcs; Nogg Chemical $1,367.15 smcs; Northern Tool $133.76
smcs; Northwest Electric $7.54 smcs; Northwestern Energy $10,595.26 smcs; Novus
$31.50 smcs; ODI Our Designs $180.45 smcs; Office Depot $783.78 smcs; Office
Max $257.75 smcs,co; Office Net $31.70 smcs; O'Keefe Elevator $125.92 smcs; Old
Navy $69.75 smcs; Omaha Sleep Inn $62.89 smcs; Omaha World Herald $72.80 smcs;
OMB Police Supply $942.93 smcs,co; On-Site Mobile Sharpening $33.74 smcs;
O'Reilly $811.84 smcs; Oriental Trading $56.32 smcs; Orscheln $1,099.73 smcs;
Outdoor Recreation $128.00 smcs; Overhead Door $719.00 smcs; Paradise Way
Publishing $299.00 smcs; Paramount $158.62 smcs; Paulsen $390,495.94 coPayflex
Systems $382.50 ps; Payne,B $14.00 smcs; Peerless Machine $12.00 smcs;
Perspectives $60.37 smcs; PGA of America $1,550.00 smcs; Physicians' Desk
$119.90 smcs; Pioneer Manufacturing $97.05 smcs; Pitney Bowes $164.46 smcs;
Pizza Hut $19.43 smcs; Platte Valley Comm. $1,490.68 smcs; Polk City
Directories $291.00 smcs; Potter,B $16.51 smcs; Presto-X $129.00 smcs; Purchase
Power $35.00 smcs; Quality Books $46.60 smcs; Quill $430.76 smcs; R&R
Products $19.65 smcs; Radio Shack $18.98 smcs; Radisson Hotels $420.25 smcs;
Random House $1,071.60 smcs; Ready Mixed Concrete $906.75 co; Reams Sprinkler
$317.66 smcs; Recognition Unlimited $31.80 smcs; Recorded Books $948.80 smcs;
Redman's Shoes $3,004.09 smcs; Regional Books $137.04 smcs; REI Fire Rescue
Magazine $69.94 smcs; Reserve Account $8,000.00 smcs; Respond First Aid Systems
$154.70 smcs; Robot Factory $65.00 smcs; Rockler Woodwork $9.98 smcs; Sagebrush
$59.72 smcs; Sahling Kenworth $56.98 smcs; Sapp Brothers Petroleum $39,458.89
smcs; Schwans $53.94 smcs; Sears $7.96 smcs; See Clear Cleaning $1,900.00 smcs;
Senior Hospitality Center $2,000.00 smcs; Service Plus $610.50 smcs; S-F
Analytical Laboratories $674.00 smcs; Sheraton Hotel $434.35 smcs; Sherwinn
Williams $141.09 smcs; Shirt Shack $2,443.20 smcs; Sid Dillion Wahoo $43,048.22
co; Snap-On Tools $707.07 smcs; Solid Waste Agency $59,828.50 smcs; Solid Waste
Equipment $10,569.80 smcs; Sporting Edge $90.00 ps; State of NE/ DAS $19.01
smcs; Sun Life Financial $20,242.80 smcs; Sunrise Middle School $100.00 smcs;
Sydow,J $40.00 smcs; Tecco $1,699.29 smcs; Tech Ed Solutions $2,400.00 smcs;
Technology Education $298.00 smcs; Thomson Gale $4,527.65 smcs; Tigerdiret
$692.89 smcs,co; Tokay Software $210.00 smcs; Tomark Sports $424.61 smcs;
Tractor Supply $1,801.30 smcs; Triangle Metals $22.58 smcs; Tye &
Rademacher $8,383.30 smcs; U Save Foods $128.28 smcs,ps; U.S. Bank $787.50
smcs; U.S. Postmaster $540.00 smcs; Union Oil $4,425.04 smcs; United Air
$451.90 smcs; United Seeds $1,027.82 smcs; United Way $300.00 smcs; University
of NE at Kearney $38.95 smcs; UPS $34.78 smcs; Urbanek, Greg $9.82 smcs; USPS
$61.66 smcs; Van Diest Supply $981.00 smcs; Vermont Systems $932.00 smcs;
Village Uniform $423.07 smcs; W.T. Cox Subscription $45.00 smcs; Wal-Mart
$2,508.70 smcs; Washington State Support $204.00 ps; Water Environment $350.00
smcs; WEF Membership $88.00 smcs; Wellman,P $21.21 smcs; Wiederspan,R $43.56
smcs; Wilke Donovans $283.00 smcs; Wilson & Company $3,900.00 smcs;
Winternals Software $380.40 co; Xerox $93.85 smcs; Yanda $11.60 smcs; Young,M
$10.14 smcs; Zimmerman Printers $1,705.00 smcs; Payroll Ending 11-26-2005 --
$261,585.94; and Payroll Ending 12-10-2005 -- $264,273.90. 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
the recommendation submitted by the Fire Chief to include the following as
members of the Kearney Volunteer Fire Department: Dan Spellman, Aaron
Adams, John Jacobsen, Jeff Walbrun, Luke Bazyn, Andrew Bennett, Mason
Dendinger, and Jay Mollring and approve Resolution No. 2005-203.
RESOLUTION
NO. 2005-203
WHEREAS, Jerry Thompson, Chief of the Kearney Volunteer Fire Department, has
forwarded several names of individuals desiring to serve as volunteers in the
Kearney Volunteer Fire Department; and
WHEREAS, based on the recommendation of Chief Thompson, the City Council of the
City of Kearney, Nebraska hereby finds and determines that said persons listed
are fully capable and qualified to serve a membership in the Kearney Volunteer
Fire Department; and
WHEREAS, in order to be qualified for benefits in accordance with Neb. Rev.
Stat. §48-115, et seq., said volunteer firefighters acting outside the
corporate limits of the City must be officially directed to do so in order to
be eligible.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kearney,
Nebraska, that those persons recommended by the Chief of the Kearney Volunteer
Fire Department for membership in the Kearney Volunteer Fire Department as set
forth on the attached letter of recommendation, marked Exhibit “A,” attached
hereto and made a part hereof by reference, are hereby confirmed as members of
the Kearney Volunteer Fire Department for the purposes of and in accordance
with Neb. Rev. Stat. §48-115, and that said members are fully entitled to
benefits under the Workers’ Compensation Act.
BE IT FURTHER RESOLVED that all of said volunteer firefighters named on Exhibit
“A” are hereby specifically authorized and directed to serve outside the
corporate limits of the municipality under the direction, orders and authority
of the Chief of the Kearney Volunteer Fire Department in accordance with §4-204
of the Kearney City Code.
PASSED AND APPROVED THIS 13TH DAY OF DECEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE
E. TREMBLY
CITY CLERK
V. CONSENT
AGENDA ORDINANCES
None.
VI. REGULAR
AGENDA
ORDINANCE NO. 7226 – CONDITIONAL USE PERMIT TO BROADFOOT
SAND & GRAVEL
Council Member Kearney introduced Ordinance No. 7226, being
Subsection 1 of Agenda Item VI to grant a Conditional Use Permit to Terry
Broadfoot from Broadfoot Sand & Gravel (Applicant) and Van Vleet Family
Limited Partnership (Owner) to locate a dredge operation to extract fill
material on property zoned “District AG, Agricultural District” and described
as a tract of land being part of Section 10, Township 8 North, Range 16 West of
the 6th P.M., Buffalo County, Nebraska (west of Kea West Avenue and north of
Interstate 80 noting that the total acreage for this tract of land is 181.54
acres) subject to compliance with the following conditions: (1) The duration of
the permit shall be five years from the date of issuance by the City Council;
(2) a site plan shall be approved and made a part of the permit; (3) Permittee
shall reserve a strip of undisturbed land 100 feet in width for future roadway
corridor to line up with Talmadge Street to the east; said future roadway
corridor shall be depicted on the Site Plan; and (4) Permittee shall make every
effort to coordinate with Yanney Heritage Park officials, as requested,
regarding possible events that might create conflicts with truck traffic, 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: Hadley,
Clouse, Kearney, Buschkoetter, Lear. 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. 7226 by number. Roll
call of those in favor of the passage of said ordinance on the first reading
resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay:
None. Motion carried. Ordinance was read by number.
Moved by Clouse seconded by Lear that Ordinance No. 7226 be
passed, approved and published as required by law. Roll call resulted as
follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7226 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. 7227 – AMEND SECTION 47-105C “ACCESSORY
BUILDINGS FOR RR-1 AND RR-2 DISTRICTS”
Council Member Lear introduced Ordinance No. 7227, being
Subsection 2 of Agenda Item VI to amend Section 47-105 C “Accessory Buildings
for RR-1 and RR-2 Districts” of Chapter 47 “Supplemental Development
Regulations” of the Unified Land Development Ordinance, a part of the Code of
the City of Kearney to decrease the footage required for Interior Side Yard to
25 feet and to define the requirements for animal production in the RR-1 and
RR-2 Districts and the separation from residential uses for animal production,
and moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage
on the same day upon reading by number only, and then placed on final passage
and that the City Clerk be permitted to call out the number of the ordinance on
its first reading and then upon its final passage. Council Member
Buschkoetter seconded the motion to suspend the rules. President of the Council
asked for discussion or if anyone in the audience was interested in the
ordinance. No one responded. Clerk called the roll which resulted as follows:
Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend
the rules having been concurred in by three-fourths of the City Council, said
motion was declared passed and adopted. City Clerk read Ordinance No. 7227 by
number. Roll call of those in favor of the passage of said ordinance on the first
reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney.
Nay: None. Motion carried. Ordinance was read by number.
Moved by Buschkoetter seconded by Hadley that Ordinance No.
7227 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7227 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. 7228 – AMEND SECTION 46-102 B “SUPPLEMENTAL
USE REGULATIONS: AGRICULTURAL USES” OF CHAPTER 46 “SUPPLEMENTAL USES
REGULATIONS”
Council Member Lear introduced Ordinance No. 7228, being
Subsection 3 of Agenda Item VI to amend Section 46-102 B “Supplemental Use
Regulations: Agricultural Uses” of Chapter 46 “Supplemental Uses Regulations”
of the Unified Land Development Ordinance, a part of the Code of the City of
Kearney to clarify the language to coincide with the amendment to Section
47-105 C “Accessory Buildings for RR-1 and RR-2 Districts” of Chapter 47
“Supplemental Development Regulations” of the Unified Land Development
Ordinance, a part of the Code of the City of Kearney to clarify the language to
coincide with Section 47-105 “Accessory Buildings” of Chapter 47 “Supplemental
Development Regulations” of the Unified Land Development Ordinance being a part
of the Code of the City of Kearney, Nebraska as it relates to animal production
in the RR-1 and RR-2 Districts, and moved that the statutory rules requiring
ordinances to be read by title on three different days be suspended and said
ordinances be considered for passage on the same day upon reading by number
only, and then placed on final passage and that the City Clerk be permitted to
call out the number of the ordinance on its first reading and then upon its final
passage. Council Member Buschkoetter seconded the motion to suspend the
rules. President of the Council asked for discussion or if anyone in the
audience was interested in the ordinance. No one responded. Clerk called the
roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths
of the City Council, said motion was declared passed and adopted. City Clerk
read Ordinance No. 7228 by number. Roll call of those in favor of the passage
of said ordinance on the first reading resulted as follows: Aye: Hadley,
Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was
read by number.
Moved by Buschkoetter seconded by Hadley that Ordinance No.
7228 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7228 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.
COMPREHENSIVE REVITALIZATION PROGRAM – PROPOSED PLAN
Mayor Hadley opened for discussion the submitting the
proposed plan on the Comprehensive Revitalization Program to the Nebraska
Department of Economic Development for the targeted area east to west from
Avenue M to 4th Avenue and north to south from 16th Street to 11th Street and to consider approval of Resolution No. 2005-204.
Assistant to the City Manager Amber
Brown presented this matter to the Council. The
Comprehensive Revitalization Program is a new funding category within the
Community Development Block Grant program funded and developed by the Nebraska
Department of Economic Development. This program allows DED to
conditionally guarantee grant awards in 2006, 2007 and 2008 for seven
non-entitlement local governments, between 20,000 and 49,999 populations, based
on the number of low- and moderate-income (LMI) persons residing in the
community. The method for allocating funds through the CR category
presents the following advantages:
· Ability to make greater
impact through guaranteed funding for longer period of time;
· Larger, urban
municipalities who are non-entitlement communities are eligible;
· CDBG funding is more
effectively targeted to persons with lower incomes.
The proposed plan has a
targeted census tract which spans an area east to west from Avenue M to 4th Avenue and north to south from 11th Street to 16th Street. This census tract is
located in southeast Kearney.
There are several reasons supporting the
selection of this census tract. The City of Kearney employed a
comprehensive approach to identify and prioritize capital improvement needs
throughout the entire community. This effort included a web survey,
suggestion cards and a community needs assessment. The City Council and
City staff also conducted 42 listening sessions throughout the community,
including two town hall meetings. Three public meetings were facilitated
in the LMI designated areas within the City. Citizen response to the
request for input was overwhelming. In summary, the City received 1,637
suggestions, 736 suggestion cards returned and over 700 citizens attended the
listening sessions.
This area was chosen by examining the priority
needs that were discovered during the assessment process. The top five
needs, based on the number of comments received, are as follows:
- Streets, sidewalks, traffic
- Library expansion
- Parks and Recreation facilities
(Harmon Park Activity Center)
- Downtown Improvements
- Senior Center Improvements
An area selected for
improvements had to meet the LMI requirement of 51% or greater. In this
area, 66.6% of residents are considered those with low- to moderate-incomes,
which will meet the national objective of the CDBG program to benefit low and moderate-income
persons.
There are four streets
in need of paving in the area. Paving all gravel streets in the community
is a top priority for the City Council and staff. The area in Kearney with the largest number of gravel streets was one with residents who do not meet
the LMI requirement. Therefore, attention to addressing gravel streets
with this funding had to be moved to an income eligible area.
Accessibility to the
Elementary School and two City parks and along major arterial streets is
limited for residents as the majority of sidewalks within the area are missing
links. Bryant Elementary School is located at 1611 Avenue C, which is
adjacent to the target area. Many children do not have a safe, direct,
walking path to this school due to missing sidewalk links. There are two
City parks in the area. Both parks lack sidewalks and one is lacking an
adjacent street. Sidewalks along two major arterial streets, 11th Street
and Avenue M, are missing several links, creating an urgent safety issue.
The City has already
made a concerted effort to improve this area through demolition of dilapidated
structures. Within the past ten months, the City has demolished several
structures designated as unsafe and more structures are planned to be
demolished or refurbished within the next year.
New housing
developments, rapid growth, close proximity to downtown Kearney and major
roadways, and an active Neighborhood Association all contribute to the
conclusion that this area in Kearney be selected for improvements.
The project will be
phased out over the course of three years during which time residents can
expect to see a combination of improvements to sidewalks, streets, and
accessible sidewalk ramps at intersections. There will also be a mix of
assessments and non-assessments for improvements completed. Residents who
are considered LMI will not be assessed for improvements. The proposed
project plan as shown on the enclosed drawing is as follows:
- Paving – In keeping with the priority
of the City Council and staff to pave all gravel streets within Kearney, it is proposed to pave the remaining three gravel streets within the target area
– Avenue D from 11th Street to 13th Street, Avenue I from 14th Street to 15th Street, and 14th Street from Avenue I to Avenue K. In addition, a
street adjacent to Hammer Park (Avenue K from 13th Street to 14th Street) will be paved and will include a parking area for visitors.
- Sidewalks – It is proposed to complete
all sidewalks within the area by filling in all missing links. This
will include sidewalks adjacent to the major arterials, 11th Street and Avenue M and within walking paths to Bryant Elementary among other necessary
walking paths. Accessible sidewalk ramps will be built at
intersections where they do not currently exist.
It was originally estimated that Kearney would receive a little over $183,000. After the government appropriated
funds, the amount the City will receive from the state is $173,000 each year
for 3 years. The amount could possibly decrease each year. This amount was determined by the number of LMI persons
residing in the community according to the 2000 Census, 10,203, multiplied by
the amount of funding available per capita which was $17.9684.
The City is responsible
for 1:1 leverage. As a result of the number and nature of the needs
discovered during the assessment process, Kearney citizens voted overwhelmingly
to implement a ½% sales tax, which will take effect April 1, 2006.
Combining program funding and the sales tax money will provide the opportunity
to serve the low- and moderate-income populations and to improve accessibility
to the parks, schools, and along major arterial streets that is the
responsibility of the community.
It is the belief that it will be a good project with the
combined monies and it will be able to make a good impact on southeast Kearney. The total estimated cost of the project is close to $1 million.
Council member Kearney asked if the neighborhood association was in favor of
these improvements. Rhoda Brown of the association was a strong advocate
for making sure that the walking paths to school were safe and complete.
Concerns were received about children riding their bikes to Hammer Park and playing there, walking on the arterial streets and to Bryant Elementary.
Council member Kearney asked if there have been any comments
from residents about funding paying for additional sidewalks since many
property owners had to pay for their own. Ms. Brown stated she had not
been asked that question. The answer to that question would be that it is
the City’s responsibility to provide sidewalks along an arterial street and
safe walking paths to public schools. Another part of this project will
be building wheelchair accessible ramps at intersections, which is another part
of the City’s responsibility.
City Manager Michael Morgan stated that when they looked at
this project, they took that into consideration. These funds need to be
allocated and limited to census tracts, which makes it a little
difficult. The 66 percent low/moderate income suggests to the City that
citizens in this area meet the criteria unlike people, who have made requests
in other areas of town that have gravel streets because they do not meet the
low/moderate criteria for funding. There is a significant number of
dollars in this funding for wheelchair accessible ramp. He believes these would
also be the City’s responsibility along 11th Street and Avenue M, which are
consistent with the arterial street policy on who actually benefits.
Bryant Elementary makes this area unique since the City has prioritized the
school and walking routes with the school district. This area also
needs the sidewalks for the two parks. All of these things were very
clearly stated in the citizens’ numerous suggestions. He believed that
this case was a little different from other locations throughout the community
where the City goes out and tries to match dollars. By using the federal
money and the sales tax funding, will make a huge impact on this entire
neighborhood. The decision to go with this area was debated, but they
believed under these circumstances this is the most appropriate way to handle
it.
Council member Clouse noted that one area on the map was a
gap paving section that the Council talked about and was previously voted
down. He asked how does the City determine when to assess back and when
not to assess? City Manager responded that the intent of their proposal
is not to assess any of this unless the property owner exceeds the low/moderate
income, then it would be assessed to the property owner.
Assessing the streets in that area is a decision that
Council will have to make. These are the options available, but he did
not know if the City would be successful in finishing the paving in this
neighborhood. In most communities gap paving would mean a lesser percent
paid by the adjacent property owners because it is in the best interest of the
community or in some cases there would be no cost. The City is leveraging
over a half million dollars, so it is determined by the Council. Staff
believes it is appropriate either way. There is some development in the
area, which might need to be paved, and the City might need to work with those property
owners to assess that back.
Council member Clouse questioned if this means that the City
is doing all this without assessments. City Manager responded that it
does not, but he believed that the Council needs to consider that and balance
out that question and help staff decide.
Council member Kearney asked if the City is intending to use
the additional sales tax money to fit it into the budget. City Manager
commented that is $500,000 of sales tax money to match the federal funds over
three years. They would have preferred to wait three months, but the
state is not willing to accept that delay.
Council member Buschkoetter asked if the City is getting the
money over three years, will the City need to bond it until we break
ground? The response was that this will be done in phases and there is no
need to bond. Council member Clouse stated he believed this is a great
way to leverage sales tax dollars and do all the things they have been talking
about for the last year. He wanted to take time and formulate a good plan
and policy about what to assess or not assess.
Director of Public Works Rod Wiederspan stated on some of
the previous districts in that area using block grant money for streets, the
low/moderate income individuals cannot be assessed. The City would have
to pick up that amount. They have reduced assessment on some of the other
individuals just to get the streets paved. The percentage can be worked
out later on these projects. It is to the City’s advantage to get those gravel
streets done.
Assistant to City Manager stated the first public hearing
regarding the first phase will be held in January of 2006. City Manager
suggested getting the low/moderate property owners evaluated in that area so
they know that information prior to the January meeting. Council member
Clouse agreed with Council member Kearney that this is the biggest question
they will hear (some don’t have to pay for it, but others do). He
believed that if the City has a good policy in place and good criteria, most
people will be understanding and agree it is the right thing to do.
Council member Kearney stated that he has already seen
substantial improvement to southeast Kearney since he has moved here and this
is another step in that direction. Mayor Hadley said this will be great
leveraging of sales tax dollars. This is an excellent project and will
allow the City to do what it would have had difficulty getting done under the
previous budget.
Moved by Hadley seconded by Kearney to approve submitting
the proposed plan on the Comprehensive Revitalization Program to the Nebraska
Department of Economic Development for the targeted area east to west from
Avenue M to 4th Avenue and north to south from 16th Street to 11th Street and approve Resolution No. 2005-204. Roll call resulted as follows: Aye: Hadley,
Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
RESOLUTION NO. 2005-204
WHEREAS, the Comprehensive Revitalization Program is a new funding category
within the Community Development Block Grant program funded and developed by
the Nebraska Department of Economic Development; and
WHEREAS, the Comprehensive Revitalization Program allows the Nebraska
Department of Economic Development to conditionally guarantee grant awards in
2006, 2007 and 2008 based on the number of low and moderate income persons
residing the community; and
WHEREAS, the City of Kearney, after holding several meetings with citizens
within the community, has determined the proposed plan has a targeted census
tract which spans an area east to west from Avenue M to 4th Avenue and north to
south from 16th Street to 11th Street; and
WHEREAS, new housing developments, rapid growth, close proximity to downtown
Kearney and major roadways, and an active Neighborhood Association all
contribute to the conclusion that this area in Kearney be selected for
improvements; and
WHEREAS, the proposed project will be phased out over the course of three years
during which time residents can expect to see a combination of improvements to
sidewalks, streets, and accessible sidewalk ramps at intersections.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that Administration be and is hereby authorized and directed
to submit to the Nebraska Department of Economic Development the proposed
project plan which consists of the following:
- Paving – In keeping with the priority of the City Council and
staff to pave all gravel streets within Kearney, it is proposed to pave
the remaining three gravel streets within the target area. In
addition, a street adjacent to Hammer Park will be paved and will include
a parking area for visitors.
- Sidewalks – It is proposed to complete all sidewalks within the
area by filling in all missing links. This will include sidewalks
adjacent to the major arterials, 11th Street and Avenue M and within
walking paths to Bryant Elementary among other necessary walking
paths. Accessible sidewalk ramps will be built at intersections
where they do not currently exist.
PASSED AND APPROVED THIS 13TH DAY OF DECEMBER, 2005.
ATTEST:
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
MICHAELLE E. TREMBLY
CITY CLERK
OPEN ACCOUNT CLAIMS – NEBRASKA PUBLIC POWER
DISTRICT-$298.65; FREMONT NATIONAL BANK-$77,313.32; PLATTE VALLEY STATE
BANK-$25.00; SCHOOL DISTRICT #7-$4,540.60
Moved by Kearney seconded by Buschkoetter that Open Account
Claims in the amount of $298.65 payable to Nebraska Public Power District; in
the amount of $77,313.32 payable to Fremont National Bank; and in the amount of
$25.00 payable to Platte Valley State Bank be allowed. Roll call resulted as
follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Clouse and Lear
abstained. Motion carried.
Moved by Clouse seconded by Lear that the Open Account Claim
in the amount of $4,540.60 payable to School District #7 be allowed. Roll call
resulted as follows: Aye: Hadley, Lear, Clouse, Kearney. Nay: None. Buschkoetter
abstained. Motion carried.
VII. REPORTS
PUBLIC TOBACCO USE POLICY
Council member Clouse stated that in conjunction with their
theme of “Citizens for a Better Kearney”, he had the opportunity last week to meet
with members of the Buffalo County Tobacco Free Coalition, who were talking
about issues that affect citizens in Buffalo County. Some of the items
they talked about at this session were tobacco use among the youth, dangers of
second hand smoke, social costs associated with tobacco use, what other
communities are doing and the need to be proactive in Kearney and Buffalo
County with regard to tobacco use. Based on those discussions, he
proposed that the City Council take the initiative to assess the situation in Kearney and be proactive in developing a public tobacco use policy that fits our
community.
He asked the Mayor and Council to take the following action:
1) create a task force to evaluate the social climate in Kearney with respect
to public tobacco use, 2) meet with special interest groups to listen to their
thoughts and concerns utilizing existing survey data that was obtained by the
coalition to identify target areas where they need additional research, 3)
conduct surveys and open house forums from the general public, which would be
done to find the general feel and flavor in Kearney. He also requested
staff to obtain policies from other communities to develop a feel for what they
are doing in this regard.
Through all this input and information and working with all
the citizens in the community (much like we did with the sales tax) and prepare
a draft policy that would identify and fit Kearney’s needs. The City
would again solicit public input on the drafted policy and once the City has a
final policy on how it wants to handle tobacco use within the City of Kearney, it would be placed on the November ballot to be voted on by the people of Kearney.
Council member Clouse stated that he personally does not
envision this as a total ban on tobacco use, but what he sees is a creation of
some type of policy that has compromises where appropriate, but still meets the
needs of many citizens in the community. Several citizens have approached
the Council about this issue so they know it is out there to be dealt with
eventually. He believed by being proactive, getting a lot of input and
finding something that meets our needs, the City can achieve better results if
it is done locally and have a policy in place rather then waiting for external
influence to mandate something to us in our community.
Mayor Hadley stated the Council and City staff will take
this under advisement and come back to address it at a later time.
EXECUTIVE SESSION
Moved by Lear seconded by Buschkoetter that Council adjourn
into executive session at 8:03 p.m. on December 13, 2005 for the protection of
the public interest and specifically for the discussion of legal matters. Roll
call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
Moved by Buschkoetter seconded by Clouse that Council
reconvene in regular session at 8:58 p.m. on December 13, 2005. Roll call
resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay:
None. Motion carried.
VIII. ADJOURN
Moved by Lear seconded by Buschkoetter that Council adjourn
at 8:58 p.m. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter,
Lear, Clouse. Nay: None. Motion carried.
GALEN D. HADLEY
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK