Kearney, Nebraska
November 14, 2006
7:00 p.m.
A meeting of the City Council of
Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on November 14, 2006, in the Council Chambers at City Hall. Present were:
Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk;
Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear.
Absent: None. Michael W. Morgan, City Manager; Michael Tye, City
Attorney; Amber Brown, Assistant to City Manager; Wendell Wessels, Director of
Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan,
Director of Public Works were also present. Some of the citizens present in the
audience included: Collin Nabity, Scott Bauer, Bob Lammers, Stuart Gilbertson,
Mitch Humphrey, Jim Lilejohn, Rhoda Brown, Craig Bennett, Lance Lang, Jack
Wilkins, Rick Mulroney, Dave Jeffrey, Dan Kriha, Paula Brungardt, Mike Konz
from Kearney Hub, and Paul Wice 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
Reverend David McDonald from Crossroads
Church provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scouts from Troop 158 led the
Council members and audience in the Pledge of Allegiance.
ANNOUNCEMENT
Mayor Hadley announced that in
accordance with Section 84-1412 of the Nebraska Revised Statutes, a current
copy of the Open Meetings Act is available for review and is posted towards the
back of the Council Chambers.
RECOGNITION
Mayor Hadley and Council members
recognized City Clerk Michaelle Trembly for attaining the designation of Master
Municipal Clerk.
ORAL COMMUNICATIONS
There was no Oral Communications.
II.
UNFINISHED BUSINESS
There was no Unfinished Business.
III.
PUBLIC HEARINGS
LUMBERGS LIQUOR LICENSE
Mayor Hadley opened the public
hearing on the Application for a Class C-74704 Liquor License submitted by
OFFICE SPACE INC., dba “Lumbergs” located at 14 East 21st Street, approve the
application for Corporate Manager of Scott Bauer, and to consider approval of
Resolution No. 2006-196.
According to Section 53-132(2) of
the Nebraska Revised Statutes states: A retail license or bottle club
license shall be issued to any qualified applicant if it is found by the Liquor
Commission that:
- the applicant is fit, willing,
and able to properly provide the service proposed within the city,
village, or county where the premises described in the application are
located;
- the applicant can conform to
all provisions, requirements, rules, and regulations adopted pursuant to
the Nebraska Liquor Control Act;
- the applicant has demonstrated
that the type of management and control to be exercised over the premises
described in the application will be sufficient to insure that the
licensed business can conform to all provisions and requirements of and
rules and regulations adopted pursuant to the Act, and
- the issuance of the license is
or will be required by the present or future public convenience and
necessity.
An application was received from
Collin Nabity who recently purchased Lumbergs from the current owners for a
Class C (Beer, Wine and Distilled Spirits – On and Off Sale) retail liquor
license. A background on Collin Nabity and Scott Bauer and an interview
with them has been conducted. Nothing has been found that would indicate
they would not be appropriate owners/managers. Collin has a substantial
experience in operating this type of business and though there have been some
issues at the Chicken Coop regarding sale of alcohol to minors, he has
generally been very cautious and capable.
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. Collin Nabity has returned the
form showing that the employees will complete the training offered by the
Kearney Police Department on November 20 and 21, 2006.
Scott Bauer, 4107 Palomino Road,
presented this matter to the Council. The main training they plan to do will
begin next week with the Kearney Police Department to go through an alcohol
awareness class which will be mandatory for all his employees. They will
be using a doorman for the majority of the time and will have a manager on duty
at all times. They plan to reward their employees for basically just
doing their jobs well. Their policy is any employee could automatically
be fired if they fail to do a compliance check, but another could be awarded
$100 for correctly conducting a compliance check. When an employee is
hired, they go through a week of training with each just as they do at the
Chicken Coop.
Council member Buschkoetter asked
since they will be catering to a college type crowd, if they had looked into
the verification machines that some establishments are using? Mr. Bauer
replied that he has looked into some of those machines, but have not made any
decisions yet about getting something like that. He did not believe
anybody in Kearney had tried it long enough to see how it works. He
stated also that not all the ID’s are changed over in Nebraska so not all could
be used in the swipe type machines.
There was no one present in
opposition to this hearing.
Moved by Kearney seconded by Clouse
to close the hearing and approve the Application for a Class C-74704 Liquor
License submitted by OFFICE SPACE INC., dba “Lumbergs” located at 14 East 21st
Street, approve the application for Corporate Manager of Scott Bauer, and
approve Resolution No. 2006-196. Roll call resulted as follows: Aye: Hadley,
Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
RESOLUTION
NO. 2006-196
WHEREAS, OFFICE SPACE INC., dba “Lumbergs” has filed with the Nebraska Liquor
Control Commission and the City Clerk of the City of Kearney, Nebraska, an
application for a Class ‘C-74704’ (Beer, Wine, Distilled Spirits – On and Off
Sale) Liquor License to do business at 14 East 21st Street, Kearney, Nebraska,
and has paid all fees and done all things required by law as provided in the
Nebraska Liquor Control Act; and
WHEREAS, OFFICE SPACE INC., dba “Lumbergs” also filed with the Nebraska Liquor
Control Commission and the City Clerk of the City of Kearney, Nebraska, an
application for Corporate Manager of Scott Bauer; and
WHEREAS, a hearing was held relating to said application on November 14, 2006.
NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City
of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor
Control Commission of the issuance of a Class ‘C-74704’ (Beer, Wine, Distilled
Spirits – On and Off Sale) Liquor License to OFFICE SPACE INC., dba “Lumbergs”
located at 14 East 21st Street, Kearney, Nebraska, and to approve the
application for Corporate Manager of Scott Bauer.
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 14TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY CLERK
AND EX-OFFICIO MAYOR
AMEND LAND USE MAP – 1/2 BLOCK
EAST OF AVENUE K AND 18TH STREET INTERSECTION ON SOUTH SIDE OF 18TH STREET
Public Hearings 2 and 3 were
discussed together but voted on separately.
Mayor Hadley opened the public
hearing on the proposed amendment to the Land Use Map of the City of Kearney
Comprehensive Development Plan from “Low Density Residential” to “Light
Industrial” property described as Lots 1, 2, 3, Park Place Addition to the City
of Kearney, Buffalo County, Nebraska (1/2 block east of Avenue K and 18th
Street intersection on south side of 18th Street) and to consider approval of
Resolution No. 2006-197. Planning Commission recommended approval.
This project was continued from
the September Planning Commission meeting to allow the owner to talk to the
neighbors about their concerns with industrial zoning. The property
directly to the south of this land was rezoned from R-2 to M-1 in March
2006. The same owner is requesting rezoning from District R-2 to District
M-1 for this property, which requires the Future Land Use Map of the City of Kearney
Comprehensive Development Plan to be amended from “Low Density Residential”
to “Light Industrial.” The property abuts M-1 zoning on the north, south,
and east and R-2 zoning across the vacated alley to the west. If the
rezoning is approved, a twenty-foot wide bufferyard will be required between
the M-1 and R-2 zones with landscaping as set forth in the code. Ten feet
of the vacated alley counts as one half of the required bufferyard.
There are two significant issues
related to the rezoning of this property.
1)
Some of the neighbors oppose the rezoning request even though there is a
substantial amount of industrial zoning and land use in the general area.
Also, there was no opposition to rezoning of the property to the south to M-1
zone in March 2006. The neighbors that oppose the rezoning are located to
the north and west of the subject property. At the September meeting some
alternatives were discussed including the possibility of amending the rezoning
request to a “planned” district making it M-1/PD. This approach would
require development plan approval from the Commission and Council and provide another
round of public hearings. Issues such as landscaping, buffering and
screening of the proposed use could be negotiated to mitigate the visual impact
to neighboring properties using this approach. The property to the south
that is under the same ownership was rezoned to M-1 in March and is not a
planned district. The intentions of the owner are not known at this
point, but if the intent is to develop the south and north properties as one
project the north half could potentially be zoned for planned development while
the south half is not subject to the same regulations. This discussion at
the September meeting ended up driving the decision to continue the hearing for
one month for the owner to get more input from the neighbors.
2) Regardless of whether the rezoning
request remains M-1 or is amended to M-1/PD the larger issue deals with
nonconformance. There is an existing residential structure on this
parcel. Rezoning this property to M-1 with a residential dwelling on it
will constitute a nonconforming use. The zoning ordinance establishes the
relationship of residential land use and industrial zoning as follows:
·
Existing residential
uses on existing M-1 zoning are allowed to remain and can be remodeled, added
to and rebuilt if destroyed by a natural disaster.
·
New residential
construction is not allowed in existing M-1 zones.
·
Rezoning a parcel to M-1
with an existing residential use creates a nonconforming use situation.
Even though there are many
nonconforming situations in various parts of the City, staff does not think it
is acceptable for the Planning Commission and City Council to create a non‑conformance
by rezoning this parcel. It is staff’s opinion that the residence must be
destroyed or moved from the site before the M-1 zoning is granted. The
owner may have reservations about removing the house without assurances that
the zoning will be granted. Staff understands that the owner intends for
the house to remain for another year or two.
Staff recommended that the
Planning Commission consider one or a combination of the following
alternatives:
a) Advise the owner to wait
until such time as he is ready to use the property for an M-1 use and apply for
the rezoning at that time.
b) Amend the land use map to
“Light Industrial” at this time but delay action on the rezoning request until
the owner is ready to remove the house. This approach will “set the
stage” for the future rezoning to M-1.
c) When the time comes to
remove the house and request the M-1 zoning, staff recommends that the owner
apply for a Demolition Permit for the house. The permit can be submitted
to the Planning Commission and City Council as proof that the house will be removed.
If for some reason the Commission and Council deny the rezoning request, the
owner can void the demolition permit and the home can remain in R-2 zoning.
d) The rezoning application
covers three lots plus one-half of a vacated street on the east and one-half of
a vacated alley on the west. The house is located on two lots. The
Commission and Council could rezone to M-1 all the property except for the two
lots that the house occupies at this time. In the future, when the house
is removed, the remaining two lots can be rezoned to M-1.
The Planning Commission discussed
these alternatives and asked the owner to explain his viewpoint.
The Planning Commission asked the owner if amending the Land Use Map for all
three lots, but denying the rezoning at this time would be acceptable for what
he is trying to accomplish. The owner agreed that this approach would
offer a suitable compromise. Amending the Land Use Map now will “set the
stage” for future rezoning to industrial but will avoid the rezoning until a
future date, allowing the residential structure to remain until that time, and
allowing the owner to decide what type of industrial project will be
appropriate for the site and neighborhood.
Mitch Humphrey from Buffalo
Surveying presented this matter to the Council. This is a piece of property
that is located in a “keyhole” area, presently zoned as R-2. Some months
ago, the property to the south was rezoned from R-2 to M-1 and at that time the
neighbors to the west vacated an alley. The alley was half reverted back
to those adjoining owners and the other half went to the owner on the east
side. Basically, a satisfactory conclusion was reached which was to amend
the Land Use Map and deny the zoning. The reason that they elected to make
this compromise is that they wanted to make good faith recognition to the
neighborhood. They do not want to do anything that would have an adverse
affect to the desires of the neighborhood. They want to continue the use
of the house that exists on the property at this time; so would not want to
rezone it to M-1 which would require the house to be removed. When the
time came to rezone this property to M-1 for commercial or light industrial,
the Planning Commission would most likely make it a planned development overlay
which would probably allow the neighborhood to have a good deal of input and
the owners/buyers or prospective developers would have to conform to some
rather stringent standards.
There are some standards in place
for M-1 buffering residential like buffer strips, opaque fencing, trees,
landscaping, etc. There is a residential house that sits to the north
side of this property. There is also some property zoned M-1 to the north
and the east of this property that is owned by Andersen Wrecking. There
is M-1 zoning straight east of this property and to the south is property zoned
M-1. The property to the west of this property is zoned R-2.
Council member Clouse pointed out
that the official Land Use Map does show the property where Andersen’s Wrecking
is located is zoned R-2 although it is not used that way. Director
of Public Works replied that currently this parcel is being used as M-1 and he
did not know if it was changed somewhere when they did the overall zoning map adoption
with the new UDO. Council member Clouse asked if the owner of this
property owns the whole section. Mr. Humphrey said that this owner owns a
good majority of the land, but there are parcels such as at the corner of
Avenue M and 18th Street that he does not own. He does own the parcel to
the south and a good amount of the parcel to the southeast. The owner
does not know specifically what he wants to do, but has agreed to the
compromise of leaving the current zoning, as long as the land use map is
amended. The owner believes that the change would make the property more
saleable. The owner is aware of the strict buffering requirements when or
if this property should sell or if he decides to develop it himself.
Council member Lear stated that
in general, he is asking to amend this Land Use Map with the intention that it
would be rezoned in a manner consistent with that once the house was no longer
there. Mr. Humphrey replied that he believed that a fair statement would
be that they want to amend the Land Use Map so that the City would recognize
that it is practical to consider rezoning in the future if somebody requests
that zoning action for a specific project.
Council member Lear stated that
this would create a Land Use Map that is inconsistent with the actual zoning
that is in place. Mr. Humphrey stated that he did not believe that was
unusual, keeping in mind that the Land Use Map is a guide that the City Council
and Planning Commission can look to for future development. This does not
limit the type of zoning that could be requested for this parcel.
Rich Mulroney,1224 West 18th
Street, voiced his concerns. He represented the homeowners and is a
property owner in the neighborhood who signed the petition presented to the
Planning Commission. During the neighborhood meeting with the owner, he
stated that he has no intention of building anything at this time. Mr.
Mulroney stated they want to see the land remain R-2 until the owner would
again bring it to the neighborhood to discuss approval of what he intends to
do. They are still opposed to the rezoning and the amendment to the Land
Use Map because it would just be one step closer to the rezoning in the
future. They understand that the change to M-1 would make this property
more valuable. They believe they have the right to know what is being
proposed to be brought into their neighborhood under an M-1. Mr. Mulroney
stated in the ten years he has lived there, the neighborhood has drastically
improved and owners have invested a lot of money in their property. They
are concerned about the gradual M-1 zoning that has been occurring around
them. Some of their concerns are: traffic, effects on residential land
values and the types of uses allowable under an M-1 zoning. The neighborhood
was not notified by letter of this rezoning and would not have known about this
except if they walked or drove by the sign posted on the property regarding the
Planning Commission meeting. The sign was posted across the street from
his property so he began looking into it at that time.
City Manager Michael Morgan asked
Director of Public Works if there is a distance notification required by State
statute. Director of Public Works replied there is no statute
requirement. The only requirements would be the City publishes the notice in
the newspaper or posts a sign, and in Kearney we do both. It is possible
that when the south rezoning was posted, Mr. Mulroney might not have seen the
sign because he does not live on the south and perhaps he did not read the
legal notices in the paper. However, when the City did vacate some of the
alley and some of the abutting property those owners were notified of the
process that was going through. Mayor Hadley stated that there have been some
similar instances in the past of citizen complaints that they were unaware of
Planning Commission items and he would like to find a way to resolve that.
Mayor Hadley asked the City
Manager if he could look into some additional ways to notify the public about
projects concerning them. Mr. Morgan stated that other states have
requirements of notification within a certain distance, but it is not always
sufficient. He agreed that the City needs to do something to improve the
notification process. The dilemma is that State laws vary from city to
city stipulating what the requirements are. We could go beyond what
legally is required, by drafting a local ordinance that would indicate how we
would handle the notification each time. He also suggested asking the Planning
Commission for some of their ideas on the issue. City staff could bring
some options back to the Council.
Council member Lear wanted to
make sure that he understood Mr. Mulroney to say that as a
neighborhood they are not necessarily opposed to rezoning, but want to see the
project as it is outlined first before it goes to rezoning. Mr. Mulroney
confirmed that was correct. He stated that they could understand the
owner’s point of view since he owns all six lots with two lots in the middle
that are more or less land trapped. In order to keep this parcel
residential, he would have to put one house on three lots which could get kind
of expensive because of property taxes on three lots. He suggested that It
is also a possibility that he could put a duplex or a 4-plex on those
lots. He believed that the amendment to the Land Use Map and the rezoning
should be done at the same time.
Rhoda Brown, 410 Tahoe Drive,
stated that she was not aware of the public hearing the first time around until
about a week before when Mr. Mulroney asked her for help. She was able to
attend the last Planning Commission. The neighborhood feels like they are
being pressured into having everything changed at once. She believed that
if Mr. Gillaspie would attend one of their neighborhood meetings and give some
idea of what he wants to do with this parcel of land, the neighbors would be
more agreeable than they are now. He has given no indication of what he
is thinking about doing. She had no idea that the first three lots on the
south side were even rezoned. She is not able to attend all the Planning
Commission meetings because she works. She did not get the e-mail
for the agenda for the rezoning hearing.
Council member Kearney stated he
believed that this is a substantial compromise on the part of the owner of this
property.
Council member Lear stated this
is a temporary compromise. They are not seeking this because they
ultimately do not want the property to be M-1 and when you look at the
surroundings, it is hard to say that M-1 would be inconsistent with what exits
there. There are the neighborhood concerns to be considered. He
said it was difficult for him to agree to change residential zoning that
abuts a residential neighborhood to some other kind of zoning. He believed
the City should do this slowly because it does change the character of
someone’s expectations when they purchased that property. He would be
curious how Andersen Wrecking came to be in an R-2 zone.
Council member Clouse agreed, but
for whatever reason the stage has been set. The owner obviously has some
rights too. The owner probably thought that if the rezoning of the other lots
was approved without opposition, then logically these lots could also be
rezoned. Director of Public Works stated the rest of the M-1 zoning does
not have a planned district overlay where they could do whatever within the
guidelines. When Andersen Wrecking came in, they did rezone that whole
parcel to M-1 that they are currently using. Somewhere in the process of
adopting the UDO map, there were some properties that were inadvertently
changed to a zone that does not meet the use. This is a mapping error
that needs to be corrected.
Moved by Clouse seconded by Lear
to close the hearing and approve the proposed amendment to the Land Use Map of
the City of Kearney Comprehensive Development Plan from “Low Density
Residential” to “Light Industrial” property described as Lots 1, 2, 3, Park
Place Addition to the City of Kearney, Buffalo County, Nebraska (1/2 block east
of Avenue K and 18th Street intersection on south side of 18th Street) and
approve Resolution No. 2006-197. Roll call resulted as follows: Aye: Hadley,
Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
RESOLUTION
NO. 2006-197
WHEREAS, an application for a revision of the Land Use Map of the Comprehensive
Plan has been filed in conjunction with and as a requisite part of its
application for a change in the zoning for a tract of land property described
as Lots 1, 2, 3, Park Place Addition to the City of Kearney, Buffalo County,
Nebraska, together with the vacated west half of Avenue L abutting said lots on
the east, together with the vacated south 10 feet of 18th Street abutting said
Lot 1 on the north and abutting the vacated west half of Avenue L on the north,
and together with the vacated east half of the alley abutting said lots on the
west and abutting the vacated south 10 feet of 18th Street on the west (1/2
block east of Avenue K and 18th Street intersection on south side of 18th Street),
from “Low Density Residential” to “Light Industrial”, and
WHEREAS, the said application for change in the Comprehensive Land Use Plan has
been approved by the City Planning Commission, after a public hearing properly
published and held, and
WHEREAS, the City Council has held a public hearing upon the said revision and
voted in favor of a motion to approve the change in the Land Use Plan as
requested by the applicant.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby
amended to change from “Low Density Residential” to “Light Industrial” the use
classification for the area described as a tract of land property described as
Lots 1, 2, 3, Park Place Addition to the City of Kearney, Buffalo County,
Nebraska, together with the vacated west half of Avenue L abutting said lots on
the east, together with the vacated south 10 feet of 18th Street abutting said
Lot 1 on the north and abutting the vacated west half of Avenue L on the north,
and together with the vacated east half of the alley abutting said lots on the
west and abutting the vacated south 10 feet of 18th Street on the west (1/2
block east of Avenue K and 18th Street intersection on south side of 18th
Street).
PASSED AND APPROVED THIS 14TH DAY OF NOVEMBER,
2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
REZONING – 1/2 BLOCK EAST OF
AVENUE K AND 18TH STREET INTERSECTION ON SOUTH SIDE OF 18TH STREET
Mayor Hadley opened the public
hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying
(Applicant) for GLINVEST CO., LLC (Owner) to rezone from “District R-2, Urban
Residential Mixed Density District” to “District M-1, Limited Industrial
District” property described as 1, 2, 3, Park Place Addition to the City of
Kearney, Buffalo County, Nebraska (1/2 block east of Avenue K and 18th Street
intersection on south side of 18th Street). Planning Commission recommended
denial.
Mitch Humphrey from Buffalo
Surveying stated that at this time, he was withdrawing the application to
rezone. No action was necessary.
CONDITIONAL USE PERMIT TO CABLE NEBRASKA;
39TH STREET AND 28TH AVENUE
Mayor Hadley opened the public
hearing on the Application submitted by Cable Nebraska, L.L.C. (Applicant) and
Christian and Karyn Hilliard (Owner) for a Conditional Use Permit to locate
communication buildings for operations of fiber optic data networks on property
zoned “District C-O/PD, Office/Planned Development Overlay District” and
described as a tract of land being part of Lot 1, Patriot Addition, an addition
to the City of Kearney, Buffalo County, Nebraska (39th Street and 28th
Avenue). Planning Commission recommended approval subject to replacing
the white rock shown on the Landscape Plan with grass.
The applicant is requesting a
Conditional Use Permit (CUP) to locate two pre-cast concrete buildings for
telecommunications equipment on the south side of 39th Street just east of 28th
Avenue. The property is zoned Office/Planned Development Overlay
District. The primary building dimensions are 10 feet by 20 feet with a
smaller 10 foot by 12 foot building to house a generator for back-up power
supply. The proposed building is fairly substantial for an equipment
building – roughly the size of a single-car garage. Staff advised the
applicant that the most attractive of these equipment buildings are the ones
with pebbled texture finish and landscaping. The applicant has provided
photographs that depict the exterior finish of the building with the desired
pebble texture and a Landscape Plan featuring a mixture of deciduous and
coniferous trees. The plan also depicted white rock around the foundation
of the buildings but staff requested grass so that the buildings will blend
into the surroundings as much as possible.
Stuart Gilbertson, 3615 West 70th
Street, from Cable Nebraska presented this matter to the Council. They were
in agreement with maintaining the landscaping as stated in the permit.
They will install a sprinkler system if necessary to maintain the green space
and also will keep it mowed. They have future plans of putting some
offices behind the building. They have other offices in Kearney that they
have maintain and plan to do the same on this property.
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
Cable Nebraska, L.L.C. (Applicant) and Christian and Karyn Hilliard (Owner) for
a Conditional Use Permit to locate communication buildings for operations of
fiber optic data networks on property zoned “District C-O/PD, Office/Planned
Development Overlay District” and described as a tract of land being part of Lot
1, Patriot Addition, an addition to the City of Kearney, Buffalo County,
Nebraska (39th Street and 28th Avenue) subject to replacing the white rock
shown on the Landscape Plan with grass. Roll call resulted as follows: Aye:
Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.
REZONING – 121 WEST 25TH STREET
Mayor Hadley opened the public
hearing on the Application submitted by Dan Kriha for Auto Glass Center
(Applicant) for C-K-C Inc. (Owner) to rezone from “District UC, Mixed Use Urban
Corridor District” to “District CBD, Kearney Center Mixed Use District”
property described as Lots 84 and 85, Southwest Quarter School Section Addition
and Lot 3, Perkins and Harford’s Strip Addition, all in the City of Kearney,
Buffalo County, Nebraska (121 West 25th Street). Planning Commission
recommended approval.
The applicant is requesting
rezoning of an existing business from District UC, Urban Corridor to District
CBD, Kearney Centre Mixed Use District to allow more signage on the building
and on the premises. The Sign Ordinance allocates allowable signage based
on a multiplier and the amount of lineal street frontage a particular property
possesses. The Auto Glass Center would like to install a new awning on
the building with some advertising on it and replace the existing pole sign
with a new sign. The existing UC zoning will not allow the desired
signage. The site is adjacent to CBD zoning to the east and south and the
applicant would like to rezone to CBD. Rezoning to CBD would allow the
applicant to achieve the desired signage for the business. The rezoning
request to CBD is in conformance with the Future Land Use Map of the City of Kearney
Comprehensive Development Plan, which shows this site to be “Central Business
District.”
Dan Kriha presented this matter
to the Council. They want to put up some illuminated awning and in order
to do that they are requesting the rezoning.
There was no one present in
opposition to this hearing.
Moved by Buschkoetter seconded by
Hadley to close the hearing and approve the Application submitted by Dan Kriha
for Auto Glass Center (Applicant) for C-K-C Inc. (Owner) to rezone from
“District UC, Mixed Use Urban Corridor District” to “District CBD, Kearney
Center Mixed Use District” property described as Lots 84 and 85, Southwest
Quarter School Section Addition and Lot 3, Perkins and Harford’s Strip
Addition, all in the City of Kearney, Buffalo County, Nebraska (121 West 25th
Street). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
DEVELOPMENT PLAN APPROVAL; 411
WEST 39TH STREET
Mayor Hadley opened the public
hearing on the Application submitted by Paulsen, Inc. (Applicant) for Linda
Blakely on behalf of KEI Building, LLC (Owner) for Revised Planned District
Development Plan Approval for the construction of a medical office facility on
property zoned “District C-2/PD, Community Commercial District/Planned
Development Overlay District” and described as Lot 3, Windsor Estates Eighth
Addition, an addition to the City of Kearney, Buffalo County, Nebraska (411
West 39th Street) and to consider approval of Resolution No. 2006-198.
Planning Commission recommended approval.
The applicant is requesting
approval to construct a 2,061 square foot building addition on the north side
of the commercial office building owned by Kearney Eye Institute at 411 West
39th Street. A summary of the development project is as follows:
·
The property is zoned
Community Commercial District/Planned Development Overlay District.
·
Existing site access and
traffic patterns will not change.
·
The total floor area of
the existing building plus the addition is 17,468 square feet including a small
basement storage area.
·
70 parking spaces are
required and 82 are shown on the plans.
·
A revised Landscape Plan
has been submitted with additional landscaping proposed around the building
addition.
·
All landscaped areas
will be irrigated with underground sprinklers.
·
The building materials
are all brick and EFIS.
·
Site drainage will be
maintained in its current state.
·
A new trash dumpster
location will be coordinated with the Utilities Department.
·
The trash enclosure will
be located on an easement but will be of wood construction for easy access to
the easement if required.
Staff believes that this project
will be an attractive addition to the existing building.
Dave Jeffrey from Paulsen, Inc., 1116
East Highway 30, Cozad presented this matter to the Council. They are
going to add approximate 1,700 sq. ft. to the north end of the existing
building. The addition will match the existing construction in color and
materials. The original plan for the building included a future expansion
which allows an additional 15 feet of construction for this phase. Phase
III to be done in the future would allow another 15 foot addition. They
have worked extensively with Building and Zoning to develop a plan so they would
not have to cut into any of the streets to get additional water service for a
sprinkler system. The additional water lines going into the building will
handle the additional load for the fire sprinkler that will be installed in the
operating room area. There will be no interruption to any of the commerce up
and down 39th Street or on the street to the west. They have submitted a
landscaping plan as part of the initial process and it will be in compliance
with the provisions of the green space requirements of the ordinance.
They are also going to relocate some of the mature trees that are there.
There was no one present in
opposition to this hearing.
Moved by Hadley seconded by Kearney
to close the hearing and approve the Application submitted by Paulsen, Inc.
(Applicant) for Linda Blakely on behalf of KEI Building, LLC (Owner) for
Revised Planned District Development Plan Approval for the construction of a
medical office facility on property zoned “District C-2/PD, Community
Commercial District/Planned Development Overlay District” and described as Lot
3, Windsor Estates Eighth Addition, an addition to the City of Kearney, Buffalo
County, Nebraska (411 West 39th Street) and approve Resolution No. 2006-198.
Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear.
Nay: None. Motion carried.
RESOLUTION
NO. 2006-198
WHEREAS, Paulsen, Inc. (Applicant) for Linda Blakely on behalf of KEI Building,
LLC (Owner) have applied for Revised Planned District Development Plan Approval
for the construction of a medical office facility on property zoned “District
C-2/PD, Community Commercial District/Planned Development Overlay District” and
described as Lot 3, Windsor Estates Eighth Addition, an addition to the City of
Kearney, Buffalo County, Nebraska (411 West 39th Street).
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the application of Paulsen, Inc. (Applicant) for Linda
Blakely on behalf of KEI Building, LLC (Owner) for District Planned Development
Plan Approval for the construction of a medical office facility on property
zoned “District C-2/PD, Community Commercial District/Planned Development
Overlay District” and described as Lot 3, Windsor Estates Eighth Addition, an
addition to the City of Kearney, Buffalo County, Nebraska (411 West 39th
Street) be approved.
PASSED AND APPROVED THE 14TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
REZONING – NORTH OF 56TH STREET
AND EAST OF AVENUE Q
Mayor Hadley stated that Public
Hearings 7, 8 and 9 were going to be tabled but the applicant submitted the
executed Subdivision Agreement on Monday. Therefore, the Council will
consider this matter. They will be discussed together but voted on
separately.
Mayor Hadley opened the public
hearing on the Application submitted by Mitch Humphrey for Buffalo Surveying
(Applicant) and Tim Norwood for Camron, Inc. (Owner) to rezone from “District
AG, Agricultural District” to “District R-1, Urban Residential Single-Family
District (Low Density)” property described as a tract of land being part of
Government Lot 3 and part of Government Lot 4, and part of the East Half of the
Southwest Quarter all located in Section 19, Township 9 North, Range 15 West of
the 6th P.M., containing 27.59 acres, more or less, Buffalo County, Nebraska
AND to “District R-2, Urban Residential Mixed-Density District” property
described as a tract of land being part of the East Half of the Southwest
Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M.,
containing 11.76 acres, more or less, Buffalo County, Nebraska (north of 56th
Street and east of Avenue Q). Planning Commission recommended approval.
The applicant is requesting
approval to zone and plat a tract of land that is approximately 39.35 acres
located north of 56th Street and east of Avenue Q. The proposed use is a
continuation of the next phase of the Eastbrooke development, a residential subdivision
containing single-family and duplex lots.
The rezoning request is from
Agricultural to R-1, Urban Residential Single‑Family District for 27.59
acres and from Agricultural to R-2 for 11.76 acres. The rezoning request
is in conformance with the Future Land Use Map of the City of Kearney
Comprehensive Development Plan.
The Preliminary Plat including
this area was approved by Planning Commission on May 19, 2006 and contains some 94 acres and 145 lots and includes land to the north of the area of final
platting. The Final Plat, to be known as Eastbrooke 8th, consists of
39.35 acres with 51 R‑1 lots, two R-2 lots and two outlots for storm
water drainage ways. The lots on the Final Plat for Eastbrooke
Second and Eastbrooke Eighth are incorrectly numbered and will have to be
corrected before going to City Council. A Public Works Plan has been
submitted. The existing lift station will be removed and sanitary sewer
will be on gravity flow. Under current City policy, the paving of 56th
street as an arterial street will not be assessed to the property owners
since the proposed development is R-1 and R-2 housing with no direct access to
the arterial. In other words, all lots will take access from streets
internal to the subdivision. Based on anticipated budgets and the City
Capital Improvement Program funding to extend 56th Street improvements will not
be available until fiscal year 2012. All public improvements internal to
the site will be developer-constructed infrastructure. The Planning
Commission expressed some concern about emergency vehicle accessibility as the
subdivision continues to develop.
This subdivision is contiguous to
the corporate limits and public services are available. Therefore, this
property shall be included within the corporate boundaries of the city.
Mitch Humphrey from Buffalo
Surveying presented this matter to the Council. This project started in
the mid-1990’s as a housing development consisting of multi-family and single family
housing units. This next phase is a continuation of that plan. A
preliminary plat was submitted to the Planning Commission which was
approved. At this time, they are requesting rezoning from AG-Agricultural
to R-1 for 27.59 acres and 11.76 acres from AG-Agricultural to R-2. For
this part of the zoning and platting process, they will be dedicating two out
lots which presently contain a drainage way and a sidewalk as part of the storm
water management system. They will also plat and dedicate 51 single
family residential lots and 2 rather large lots that are located to the
southeasterly portion of the subject property that will hopefully be zoned to
R-2. The subdivision agreement has been signed and submitted to the City
Clerk. The plats and documents have been submitted for approval.
Council member Clouse asked what
the driver behind the language in the subdivision agreement stating approval
with the understanding that there will be no changes of the plat or the
documents after Council approval. City Attorney Michael Tye responded
that verbiage was suggested by staff so that it is clear that what the Council
votes on in terms of approving the final plat is what is ultimately of record.
This is to ensure that the plat is in the final format when it is presented to
Council and that there are no changes or modifications to the plat after
Council approval. The City Clerk sent a letter to people indicating that
they might have their documents proofed at certain stages of the process.
The idea behind this is to make sure that happens before it gets to this stage
so that there are not changes in plats that might occur after the Council has
reviewed and considered it. Council member Clouse stated that this will
ensure some standard verbiage going forward. City Attorney confirmed this
would apply to all plats in the future.
Mr. Humphrey stated that he
understood that, but wanted to address something that Mr. Tye alluded to in his
comments. He stated that what caused this text to come up for discussion
are situations where a tract of ground may be started as far as the platting or
zoning is concerned under one ownership and that ownership changes in the
process. His experience is there have been countless times when a land
transaction is dependent upon Planning Commission’s approval or dependent upon
certain zoning actions taking place. Those transactions being closed, new
owners are involved. He stated that he does not entirely agree with the
fact that there can be no changes to the documents. Those signature lines
can only reflect the owners of record at the time action is taken. He
understands what has happened in the past. Things sometimes move faster
than we can act on them as a Council. He did not have a solution to offer
regarding this issue, but said that he did not necessarily agree with that
statement.
There would not be a problem on
this particular property. He will get the resolution as passed from the
City Clerk, attach it to the document and obtain the signatures. He cannot guarantee
that from time to time on every project that will be the case.
He understands the City’s
viewpoint and the recommendation from the City Attorney, but he knows that
there may be problems that arise in the future. City Manager Michael
Morgan stated there have been cases when the governing body approves something
and then it has been changed and that is the concern.
Mr. Humphrey stated from his
viewpoint, the body of the plat including the mapping and the shaping of the
lots are the nuts and bolts of what is being approved. He felt that is
not the issue. He thought the issue for his firm and clients is
determining who is going to sign the plat or subdivision agreement. There are
times when he has no control over when his client comes in and says they are
going to carry this forward through the Planning Commission stage. At
that point, his business has to be conducted, such as an exchange or land
transaction. There have been times when he has not been told and his
client has gone ahead because they had to close on the
property.
City Manager questioned how an
approved final plat could be changed without additional Council approval.
City Attorney stated that his concern from the Council’s perspective is if
something comes before them in the form of a final plat, than it is
final. There needs to be an understanding that what is approved cannot be
modified in any way which is why he suggested that statement be included.
At times there may be multiple parties involved or a transaction where
different people need to sign off on a particular document. That
contingency could be explained at some point in the process. He stated
his concern is that the Council know exactly what they are approving,
understand it when it is presented and when it is voted on know that it will
take place.
City Attorney stated that if they
choose they can remove that language for now and discuss it as a separate item
at another time. His concern is that a final plat should not be changed
unless it comes back before the Council to approve those changes. City
Manager stated this is the law. City Clerk confirmed that it is law that
a final plat cannot be legally changed. Once a governing body has
approved a final plat, legally it cannot be changed.
Council member Kearney stated
that this language is redundant. Council member Clouse stated that was
what he was having a problem with. City Manager stated the language can
be taken out, but we need to remind people because this situation has occurred
and created concerns. Council member Lear asked if plats have been
changed without coming back for Council approval. City Manager stated the
changes might not have been substantial changes, but there have been changes
made.
City Clerk stated that what she
sometimes sees is a final plat which also includes the same legal description
as an inclusion and a subdivision agreement, all of those would need to be
changed to be in agreement. The change cannot be made just on the final
plat. City Attorney stated since all of these documents are connected
through the legal description, it is important that changes apply across the
board to that entire development because they are binding on all the parties
involved in the plat. The language has been added because, as Mr.
Humphrey has stated, there have been some misunderstanding or concerns about
doing these changes. This concern continuously comes up and creates
problems in the legal documents for the City Clerk.
Council member Buschkoetter
stated that his understanding has always been that approval meant this is what
was going to happen. The word “final” means final. Perhaps this
language is redundant, but he believed we need to be sure that people are aware
of the fact and he has no problem with stating that.
City Manager asked if Mr.
Humphrey would agree that final plats do get changed. Mr. Humphrey
responded that names on signature lines get changed. Occasionally, there
is a legal description, such as this case, that is a legal case in a court of
law; it is difficult to say that it is perfect. Sometimes he finds a
mistake in the legal which can be either a scriber’s error or a small
typographical error that needs to be corrected. At that time he tries to
notify the City Clerk to adjust the documents. This does not involve
lines and lines of text, at least from his point of view. City Clerk
stated she has not been notified nor does she have the authority to change
legal documents once they are approved.
Mr. Humphrey stated that if he
goes to record the document and the Register of Deeds sees an error, she will
reject the document. He was not sure what the solution is for that type
of error. Mr. Humphrey stated that he does not have a policy, nor has had
a policy to make changes to what this Council or the Planning Commission
approves without any consent. The only changes would be made if the
Register of Deed’s office says a text error needs to be corrected. City
Manager stated he understood Mr. Humphrey to say that the only times these
documents get changed are for transaction sales, owners and legal
descriptions. Mr. Humphrey stated that in no way, shape or form does he
ever make changes to the plats or the maps regarding what the Council has
approved.
City Manager asked for an
explanation of how an incorrect legal description, for whatever reason, cannot
be corrected before it goes through the process. He asked Mr. Humphrey if
it is his responsibility to make sure that the legal description is correct in
a plat? Mr. Humphrey responded that he writes the legal
description. This plat was a good example, the legal is written on a
legal size page and one quarter of another with very complicated and technical
text. This legal has been proofed by multiple people, multiple parties
and in many cases, he takes it to the Register of Deeds office and they proof
it for him. The process is that it is proofed prior to the Register of
Deeds seeing it. Sometimes the Register of Deeds office reviews his legal
as a courtesy to him. Once the documents are in place, the question
is, should a project be held up from going forward for 30-90 days in order to
bring it back to correct a transposition for example.
City Manager suggested the City
needs a better process and perhaps needs to follow up with the Register of
Deeds if they are reviewing and later still need corrections. Mr.
Humphrey stated the plats are filed with the proper number of copies after
Council approval. The Register of Deeds records the plat and clocks it in
and at that time, she reads through it again and sometime minor errors are
found. He ventured this is not uncommon for title companies or law firms
that deal in real estate transactions to have documents returned by the
Register of Deeds that have errors or oversights. Staff has discussed
this matter with the Register of Deeds.
City Attorney suggested that the
courtesy proofing that the Register of Deeds does should be done before getting
to this stage of the process if at all possible. The reason she does this
is to catch errors, make sure the document is in a recordable format so she can
accept the document and record it of record once it is approved and comes
through the process.
City Manager suggested coming up
with a tool that would allow the City Clerk to make those changes and be
acceptable, but he did not know the legality of that option. The City
Clerk’s concern is that she does not have the legal authority to do this once
the plat has been approved. He asked if the Council would be willing to
adopt a policy that makes it clear for these two types of exceptions, a
technical error or text error that the City Clerk could make that
correction. Mayor Hadley stated that would make sense to him because a
proofing error is always a possibility no matter how many people read it.
City Manager stated the City Clerk needs something that gives her the authority
and recognition for those types of circumstances where that would be
acceptable. City Clerk stated that a change in the legal description means
the resolution needs to be changed and sometimes the ordinance would have to be
changed. The problem she sees is that the resolution/ordinance would have
already been published. City Manager suggested if there are minor typos
to be corrected, she could include some reference in the resolution with the
understanding circumstances such as this might occur and still would not make
the resolution void which is what the City Clerk wants to protect.
Council member Lear stated he
thought the City needs some type of technical correction policy within a
certain time frame to allow for specific exceptions that does not leave the
resolution hanging. He believed that the language could be removed
in this case.
There was no one present in
opposition to this hearing.
Moved by Kearney seconded by
Clouse to close the hearing and approve the Application submitted by Mitch
Humphrey for Buffalo Surveying (Applicant) and Tim Norwood for Camron, Inc.
(Owner) to rezone from “District AG, Agricultural District” to “District R-1,
Urban Residential Single-Family District (Low Density)” property described as a
tract of land being part of Government Lot 3 and part of Government Lot 4, and
part of the East Half of the Southwest Quarter all located in Section 19,
Township 9 North, Range 15 West of the 6th P.M., containing 27.59 acres, more
or less, Buffalo County, Nebraska AND to “District R-2, Urban Residential
Mixed-Density District” property described as a tract of land being part of the
East Half of the Southwest Quarter of Section 19, Township 9 North, Range 15
West of the 6th P.M., containing 11.76 acres, more or less, Buffalo County,
Nebraska (north of 56th Street and east of Avenue Q). Roll call resulted as
follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion
carried.
FINAL PLAT AND SUBDIVISION
APPROVAL – EASTBROOKE EIGHTH
Mayor Hadley opened the public
hearing on the Application submitted by Mitch Humphrey for Buffalo Surveying
(Applicant) and Tim Norwood for Camron, Inc. (Owner) for final plat and Subdivision
Agreement approval for “EASTBROOKE EIGHTH” an addition to the City of Kearney,
Buffalo County, Nebraska for property described as a tract of land being part
of Government Lot 3 and part of Government Lot 4, and part of the East Half of
the Southwest Quarter all located in Section 19, Township 9 North, Range 15
West of the 6th P.M., containing 39.35 acres, more or less, Buffalo County,
Nebraska (north of 56th Street and east of Avenue Q) and to consider Resolution
No. 2006-199. Planning Commission recommended approval.
There was no one present in
opposition to this hearing.
Moved by Clouse seconded by Lear
to close the hearing and approve the Application submitted by Mitch Humphrey
for Buffalo Surveying (Applicant) and Tim Norwood for Camron, Inc. (Owner) for
final plat and Subdivision Agreement approval for “EASTBROOKE EIGHTH” an
addition to the City of Kearney, Buffalo County, Nebraska for property
described as a tract of land being part of Government Lot 3 and part of
Government Lot 4, and part of the East Half of the Southwest Quarter all
located in Section 19, Township 9 North, Range 15 West of the 6th P.M.,
containing 39.35 acres, more or less, Buffalo County, Nebraska (north of 56th
Street and east of Avenue Q) and approve Resolution No. 2006-199. Roll call
resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay:
None. Motion carried.
RESOLUTION
NO. 2006-199
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “EASTBROOKE EIGHTH” an addition to the City of Kearney,
Buffalo County, Nebraska for a tract of land being part of Government Lot 3,
and part of Government Lot 4, and part of the East Half of the Southwest
Quarter, all located in Section 19, Township 9 North, Range 15 West of the 6th
P.M., Buffalo County, Nebraska, more particularly described as follows:
Referring to the northwest corner of Government Lot 3, said point also being
the northwest corner of Eastbrooke Sixth, an addition to the City of Kearney,
Buffalo County, Nebraska, and assuming the north line of said Government Lot 3
and the north line of said Eastbrooke Sixth and the north line of Eastbrooke
Third, an addition to the City of Kearney, Buffalo County, Nebraska and the
north line of Eastbrooke Seventh, an addition to the City of Kearney, Buffalo
County, Nebraska, as bearing S89°57’37”E and all bearings contained herein are
relative thereto; thence S89°57’37”E on the aforesaid north line a distance of
845.84 feet to THE ACTUAL PLACE OF BEGINNING, said place of beginning being the
northeasterly corner of Lot 3 of said Eastbrooke Seventh, thence continuing
S89°57’37”E and on the north line of said Government Lot 3 and the north line
of said East Half of the Southwest Quarter a distance of 860.00 feet; thence
leaving the north line of said East Half of the Southwest Quarter, S35°35’09”W
a distance of 487.10 feet; thence S51°03’26”E a distance of 297.02 feet; thence
S38°56’58”W a distance of 138.93 feet; thence S51°03’02”E a distance of 15.43
feet; thence S38°56’58”W a distance of 160.00 feet; thence S15°49’23”E a
distance of 52.29 feet; thence S36°16’20”E a distance of 38.56 feet; thence
S07°04’56”W a distance of 101.12 feet; thence S05°53’57”E a distance of 143.05
feet; thence S18°13’56”W a distance of 180.73 feet; thence N73°26’41”W a
distance of 17.60 feet; thence S16°33’19”W a distance of 25.00 feet; thence
S01°08’59”E a distance of 375.39 feet; thence N87°44’46”E a distance of 8.65
feet; thence S03°21’29”E a distance of 541.09 feet; thence S89°54’11”E a
distance of 87.52 feet; thence N00°05’49”E a distance of 99.47 feet; thence
S89°54’11”E a distance of 496.79 feet; thence N00°05’49”E a distance of 10.0
feet; thence S89°54’11”E a distance of 540.33 feet to a point on the east line
of said East Half of the Southwest Quarter; thence S00°08’19”W and on the east
line of said East Half of the Southwest Quarter a distance of 499.04 feet to
the southeast corner of said East Half of the Southwest Quarter; thence
N89°54’11”W and on the south line of said East Half of the Southwest Quarter
and the south line of said Government Lot 4 a distance of 1,607.73 feet to the
southeast corner of Eastbrooke Second, an addition to the City of Kearney,
Buffalo County, Nebraska; thence leaving the south line of said Government Lot
4 NORTH on the east line of said Eastbrooke Second a distance of 245.00 feet to
a point on the north line of 57th Street, a street in the City of Kearney,
Buffalo County, Nebraska, said point also being on the south line of Lot 15,
Block 5, of said Eastbrooke Second (if extended easterly); thence N89°54’11”W
and on the north line of said 57th Street and on the south line of said Lot 15,
Block 5, Eastbrooke Second (if extended easterly) a distance of 10.0 feet to
the southeast corner of said Lot 15, Block 5, Eastbrooke Second; thence
N18°26’41”E and continuing on the east line of said Eastbrooke Second a
distance of 142.23 feet to the northeast corner of said Lot 15, Block 5, Eastbrooke
Second; thence continuing on the east line of said Block 5, Eastbrooke Second,
N01°16’00”W a distance of 226.0 feet to the northeast corner of Lot 12, Block
5, of said Eastbrooke Second; thence continuing on the east line of said Block
5, Eastbrooke Second, 01°25’36”E a distance of 200.65 feet; thence continuing
on the east line of said Block 5, Eastbrooke Second, N02°03’45”W a distance of
194.53 feet to the southeast corner of Lot 6, Block 5 of said Eastbrooke
Second; thence continuing on the east line of said Block 5, Eastbrooke Second
N03°40’30”E a distance of 109.22 feet; thence continuing on the east line of
said Block 5, Eastbrooke Second, N01°32’00”W a distance of 233.33 feet; thence
continuing on the east line of said Block 5, Eastbrooke Second (if extended),
N24°30’30”E a distance of 178.02 feet to a point on a nontangent 850.00 foot
radius curve concave southwesterly; thence northwesterly on said nontangent
curve forming a central angle of 07°22’06” an arc distance of 109.31 feet to a
point on the easterly line of Eastbrooke Fifth, an addition to the City of
Kearney, Buffalo County, Nebraska (if extended southwesterly) said point also
being N69°10’33”W a chord distance of 109.24 feet from the previously described
point, thence leaving said curve nontangent and on the easterly line of said Eastbrooke
Fifth (if extended southwesterly), N19°30’00”E a distance of 195.05 feet to the
northeast corner of Lot 1 of said Eastbrooke Fifth; thence continuing on the
easterly line of said Eastbrooke Fifth, N09°24’53”E a distance of 231.99 feet
to the northeast corner of said Eastbrooke Fifth, said point also being the
southeast corner of said Eastbrooke Seventh; thence on the easterly line of
said Eastbrooke Seventh, N09°24’53”E a distance of 52.38 feet to the
southwesterly corner of Lot 7 of said Eastbrooke Seventh; thence continuing on
the easterly line of said Eastbrooke Seventh, N33°16’15”E a distance of 199.70
feet; thence continuing on the easterly line of said Eastbrooke Seventh,
N25°00’00”E a distance of 132.22 feet to the most easterly corner of Lot 6 of
said Eastbrooke Seventh, said point also being on the southwesterly line of the
Kearney Branch of the Union Pacific Railroad Companies right-of-way (now
abandoned); thence continuing on the easterly line of said Eastbrooke Seventh
N51°03’02”W and on the aforesaid southwesterly Railroad right-of-way line a
distance of 555.14 feet to the place of beginning, containing 39.35 acres, more
or less, of which 1.22 acres, more or less are presenting being used for road
purposes on the south side, all in Buffalo County, Nebraska, and in accordance
with the provisions and requirements of Section 19-916 of the Nebraska Revised
Statutes, accepted and ordered filed and recorded in the Office of the Register
of Deeds of Buffalo County, Nebraska; said addition is hereby included within
the corporate limits of said City and shall be and become a part of said City
for all purposes whatsoever, and the inhabits of such addition shall be
entitled to all the rights and privileges and shall be subject to all laws,
ordinances, rules and regulations of said City.
BE IT FURTHER RESOLVED that the Subdivision Agreement, marked as Exhibit “A”
attached hereto and made a part hereof by reference, be and is hereby approved
and that the President of the Council be and is hereby authorized and directed
to execute said agreement on behalf of the City of Kearney, Nebraska. Said
Subdivision Agreement shall be filed with the final plat with the Buffalo
County Register of Deeds.
BE IT FURTHER
RESOLVED that the President of the Council be and is hereby authorized and
directed to execute the final plat on behalf of the City of Kearney, Nebraska.
PASSED AND APPROVED THIS 14TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
INCLUSION TO CITY LIMITS –
EASTBROOKE EIGHTH
Mayor Hadley opened the public
hearing on the Application submitted by Mitch Humphrey for Buffalo Surveying
(Applicant) and Tim Norwood for Camron, Inc. (Owner) for the inclusion into the
City limits of “EASTBROOKE EIGHTH” an addition to the City of Kearney, Buffalo
County, Nebraska for property described as a tract of land being part of
Government Lot 3 and part of Government Lot 4, and part of the East Half of the
Southwest Quarter all located in Section 19, Township 9 North, Range 15 West of
the 6th P.M., containing 39.35 acres, more or less, Buffalo County, Nebraska
(north of 56th Street and east of Avenue Q) and to consider approval of
Resolution No. 2006-200. Planning Commission recommended approval.
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
Mitch Humphrey for Buffalo Surveying (Applicant) and Tim Norwood for Camron,
Inc. (Owner) for the inclusion into the City limits of “EASTBROOKE EIGHTH” an
addition to the City of Kearney, Buffalo County, Nebraska for property
described as a tract of land being part of Government Lot 3 and part of
Government Lot 4, and part of the East Half of the Southwest Quarter all
located in Section 19, Township 9 North, Range 15 West of the 6th P.M.,
containing 39.35 acres, more or less, Buffalo County, Nebraska (north of 56th
Street and east of Avenue Q) and approve Resolution No. 2006-200. Roll call
resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay:
None. Motion carried.
RESOLUTION
NO. 2006-200
WHEREAS, an Application has been submitted by Mitch Humphrey for Buffalo
Surveying (Applicant) and Tim Norwood for Camron, Inc. (Owner) for the
inclusion of “EASTBROOKE EIGHTH” an addition within the corporate boundaries of
the City of Kearney said property described as a tract of land being part of
Government Lot 3, and part of Government Lot 4, and part of the East Half of
the Southwest Quarter, all located in Section 19, Township 9 North, Range 15 West
of the 6th P.M., Buffalo County, Nebraska, more particularly described as
follows: Referring to the northwest corner of Government Lot 3, said point also
being the northwest corner of Eastbrooke Sixth, an addition to the City of
Kearney, Buffalo County, Nebraska, and assuming the north line of said
Government Lot 3 and the north line of said Eastbrooke Sixth and the north line
of Eastbrooke Third, an addition to the City of Kearney, Buffalo County,
Nebraska and the north line of Eastbrooke Seventh, an addition to the City of
Kearney, Buffalo County, Nebraska, as bearing S89°57’37”E and all bearings
contained herein are relative thereto; thence S89°57’37”E on the aforesaid
north line a distance of 845.84 feet to THE ACTUAL PLACE OF BEGINNING, said
place of beginning being the northeasterly corner of Lot 3 of said Eastbrooke
Seventh, thence continuing S89°57’37”E and on the north line of said Government
Lot 3 and the north line of said East Half of the Southwest Quarter a distance
of 860.00 feet; thence leaving the north line of said East Half of the
Southwest Quarter, S35°35’09”W a distance of 487.10 feet; thence S51°03’26”E a
distance of 297.02 feet; thence S38°56’58”W a distance of 138.93 feet; thence
S51°03’02”E a distance of 15.43 feet; thence S38°56’58”W a distance of 160.00
feet; thence S15°49’23”E a distance of 52.29 feet; thence S36°16’20”E a
distance of 38.56 feet; thence S07°04’56”W a distance of 101.12 feet; thence
S05°53’57”E a distance of 143.05 feet; thence S18°13’56”W a distance of 180.73
feet; thence N73°26’41”W a distance of 17.60 feet; thence S16°33’19”W a
distance of 25.00 feet; thence S01°08’59”E a distance of 375.39 feet; thence
N87°44’46”E a distance of 8.65 feet; thence S03°21’29”E a distance of 541.09
feet; thence S89°54’11”E a distance of 87.52 feet; thence N00°05’49”E a
distance of 99.47 feet; thence S89°54’11”E a distance of 496.79 feet; thence
N00°05’49”E a distance of 10.0 feet; thence S89°54’11”E a distance of 540.33
feet to a point on the east line of said East Half of the Southwest Quarter;
thence S00°08’19”W and on the east line of said East Half of the Southwest
Quarter a distance of 499.04 feet to the southeast corner of said East Half of
the Southwest Quarter; thence N89°54’11”W and on the south line of said East
Half of the Southwest Quarter and the south line of said Government Lot 4 a
distance of 1,607.73 feet to the southeast corner of Eastbrooke Second, an
addition to the City of Kearney, Buffalo County, Nebraska; thence leaving the
south line of said Government Lot 4 NORTH on the east line of said Eastbrooke
Second a distance of 245.00 feet to a point on the north line of 57th Street, a
street in the City of Kearney, Buffalo County, Nebraska, said point also being
on the south line of Lot 15, Block 5, of said Eastbrooke Second (if extended
easterly); thence N89°54’11”W and on the north line of said 57th Street and on
the south line of said Lot 15, Block 5, Eastbrooke Second (if extended
easterly) a distance of 10.0 feet to the southeast corner of said Lot 15, Block
5, Eastbrooke Second; thence N18°26’41”E and continuing on the east line of
said Eastbrooke Second a distance of 142.23 feet to the northeast corner of
said Lot 15, Block 5, Eastbrooke Second; thence continuing on the east line of
said Block 5, Eastbrooke Second, N01°16’00”W a distance of 226.0 feet to the
northeast corner of Lot 12, Block 5, of said Eastbrooke Second; thence
continuing on the east line of said Block 5, Eastbrooke Second, 01°25’36”E a
distance of 200.65 feet; thence continuing on the east line of said Block 5, Eastbrooke
Second, N02°03’45”W a distance of 194.53 feet to the southeast corner of Lot 6,
Block 5 of said Eastbrooke Second; thence continuing on the east line of said
Block 5, Eastbrooke Second N03°40’30”E a distance of 109.22 feet; thence continuing
on the east line of said Block 5, Eastbrooke Second, N01°32’00”W a distance of
233.33 feet; thence continuing on the east line of said Block 5, Eastbrooke
Second (if extended), N24°30’30”E a distance of 178.02 feet to a point on a nontangent
850.00 foot radius curve concave southwesterly; thence northwesterly on said nontangent
curve forming a central angle of 07°22’06” an arc distance of 109.31 feet to a
point on the easterly line of Eastbrooke Fifth, an addition to the City of
Kearney, Buffalo County, Nebraska (if extended southwesterly) said point also
being N69°10’33”W a chord distance of 109.24 feet from the previously described
point, thence leaving said curve nontangent and on the easterly line of said Eastbrooke
Fifth (if extended southwesterly), N19°30’00”E a distance of 195.05 feet to the
northeast corner of Lot 1 of said Eastbrooke Fifth; thence continuing on the
easterly line of said Eastbrooke Fifth, N09°24’53”E a distance of 231.99 feet
to the northeast corner of said Eastbrooke Fifth, said point also being the
southeast corner of said Eastbrooke Seventh; thence on the easterly line of
said Eastbrooke Seventh, N09°24’53”E a distance of 52.38 feet to the
southwesterly corner of Lot 7 of said Eastbrooke Seventh; thence continuing on
the easterly line of said Eastbrooke Seventh, N33°16’15”E a distance of 199.70
feet; thence continuing on the easterly line of said Eastbrooke Seventh,
N25°00’00”E a distance of 132.22 feet to the most easterly corner of Lot 6 of
said Eastbrooke Seventh, said point also being on the southwesterly line of the
Kearney Branch of the Union Pacific Railroad Companies right-of-way (now
abandoned); thence continuing on the easterly line of said Eastbrooke Seventh
N51°03’02”W and on the aforesaid southwesterly Railroad right-of-way line a
distance of 555.14 feet to the place of beginning, containing 39.35 acres, more
or less, of which 1.22 acres, more or less are presenting being used for road
purposes on the south side, all in Buffalo County, Nebraska; and
WHEREAS, the
Kearney City Planning Commission has received and held a public hearing on
October 20, 2006 on the inclusion of “EASTBROOKE EIGHTH” 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 “EASTBROOKE EIGHTH” 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 November 14, 2006 who deemed the said addition to be included
within the corporate limits to be advantageous to and in the best interests of
the City.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the land to be platted as “EASTBROOKE EIGHTH” 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 the inclusion of “EASTBROOKE EIGHTH” 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 14TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE
E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
FINAL PLAT – BRANDT’S HILLSIDE
ESTATES
Mayor Hadley opened the public
hearing on the Application submitted by Craig Bennett from Miller &
Associates (Applicant) for James Gregory Brandt, Sr. and Tamara S. Brandt (Owner)
for final plat approval for “BRANDT’S HILLSIDE ESTATES” an addition to the City
of Kearney, Buffalo County, Nebraska for property described as Lot 1 (to be
vacated), Camelot Fourth Addition, an addition to the City of Kearney, Buffalo
County, Nebraska (north of 35th Street and east of extended Country Club Lane)
and to consider approval of Resolution No. 2006-201. Planning Commission
recommended approval.
The applicant is requesting
approval to plat a tract of land that is 3.96 acres into six single‑family
residential lots. The property is zoned appropriately as Urban Residential
Single-Family District. Lot 1 of Camelot Fourth Addition must be vacated
so that the property can be subdivided into the six-lot subdivision to be known
as Brandt’s Hillside Estates. The lots will take access from a short
cul-de-sac, 36th Street Place. The Preliminary Plat was approved by
Planning Commission on October 20, 2006. A Public Works Plan has been
submitted. No Subdivision Agreement is required. Detention of storm
water is required and the developer plans to coordinate drainage with the
developer of Aspen Meadows for a joint‑use storm water detention
cell. Staff recommends a cluster mailbox if available.
Craig Bennett from Miller &
Associates presented this matter to the Council. The future land map
shows that this area to be high density or more than single family
residential. The plan is to leave it residential. This lot is
presently zoned R-1 and they plan to leave it R-1. This property is
adjacent to the Country Club Lane Subdivision on the west side which was
recently platted with this one lot subdivision known as Camelot Fourth.
On the south side there are three lots that were in that original
subdivision. They are asking for approval of replatting this one
lot. It is a very large lot. At the time it was laid out, Country
Club Lane was extended north off of 35th Street and they did not really know
how it was going to develop so it was developed as one large lot. Some of
the grading on the subdivision to the west of Country Club Lane has been
started. Bids for Country Club Lane are also on this meeting agenda and
so this area is really starting to develop. The plan for this one lot is
to extend the cul-de-sac easterly off of Country Club Lane and have six lots
around it. There is infrastructure available with the development of Country
Club Lane. Sanitary sewer already exists. They will extend
sanitary sewer and water up into the cul-de-sac in that subdivision.
There was no one present in
opposition to this hearing.
Moved by Buschkoetter seconded by
Hadley to close the hearing and approve the Application submitted by Craig
Bennett from Miller & Associates (Applicant) for James Gregory Brandt, Sr.
and Tamara S. Brandt (Owner) for final plat approval for “BRANDT’S HILLSIDE
ESTATES” an addition to the City of Kearney, Buffalo County, Nebraska for
property described as Lot 1 (to be vacated), Camelot Fourth Addition, an
addition to the City of Kearney, Buffalo County, Nebraska (north of 35th Street
and east of extended Country Club Lane) and approve Resolution No. 2006-201.
Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear.
Nay: None. Motion carried.
RESOLUTION
NO. 2006-201
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “BRANDT’S HILLSIDE ESTATES” an addition to the City of
Kearney, Buffalo County, Nebraska for a tract of land described as Lot 1,
Camelot Fourth Addition, an addition to the City of Kearney, Buffalo County,
Nebraska (now vacated), and being a part of the Northeast Quarter of the
Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska and more particularly described as follows:
Referring to the southeast corner of the Northeast Quarter of the Northwest
Quarter of said Section 34; thence in a northerly direction and on the east
line of said Northwest Quarter a distance of 183.0 feet to the ACTUAL PLACE OF
BEGINNING, said place of beginning being the southeast corner of said Lot 1;
thence continuing in a northerly direction and on said east line a distance of
508.99 feet to the northeast corner of said Lot 1; thence in a southwesterly
direction and on the north line of said Lot 1 a distance of 477.75 feet to the
northwest corner of said Lot 1; thence in a southeasterly direction on the west
line of said Lot 1 and on the east right-of-way line of Country Club Lane, a
street in the City of Kearney, Buffalo County, Nebraska, a distance of 215.89 feet
to the point of curvature; thence on a 533.0 foot radius curve to the right and
on said west line of said Lot 1 and the east right-of-way line of said Country
Club Lane, an arc distance of 151.41 feet to the southwest corner of said Lot
1; thence in an easterly direction on the south line of said Lot 1 a distance
of 345.98 feet to the place of beginning, containing 3.96 acres, more or less,
all in Buffalo County, Nebraska, and in accordance with the provisions and
requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and
ordered filed and recorded in the Office of the Register of Deeds of Buffalo
County, Nebraska; said addition is hereby included within the corporate limits
of said City and shall be and become a part of said City for all purposes
whatsoever, and the inhabits of such addition shall be entitled to all the
rights and privileges and shall be subject to all laws, ordinances, rules and
regulations of said City.
BE IT FURTHER
RESOLVED that the President of the Council be and is hereby authorized and
directed to execute the final plat on behalf of the City of Kearney, Nebraska.
PASSED AND APPROVED THIS 14TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
AMENDMENT TO TABLE 49-5
“OFF-STREET STACKING REQUIREMENTS
Mayor Hadley opened the public
hearing on the proposed amendment to Table 49-5 “Off-Street Stacking
Requirements” of Section 49-109 “Stacking Requirements for Drive-Through
Services” of Chapter 49 “Off-Street Parking” of the Unified Land Development
Ordinance, a part of the Code of the City of Kearney to establish vehicular
stacking requirements for drive through services. Planning Commission
recommended four vehicles of stacking behind the first service window, and
eight vehicles of stacking behind the first service window if the facility
features separate menu boards and service windows.
City Planner Lance Lang stated
the proposed amendment to Chapter 49 has been requested by West Bay Inc. to
reduce the amount of off-street vehicular stacking required for a drive-thru
coffee shop. Tim Tucker was unable to attend the Council meeting.
This stacking item was brought to the City staff’s attention. They agreed
that it probably needs to be amended in the Code. Mr. Tucker is the representative
for a coffee shop that would be a free standing building with a drive-thru
facility. The Code currently regulates stacking requirements for vehicles
for drive-thru establishments such as restaurants, banks, ATMs, etc. Mr.
Tucker pointed out that the City requires eight vehicles behind the menu board
and also eight vehicles behind the window which is a total of 16
vehicles. If you estimate a vehicle to be a length of 20 feet times 16
vehicles that totals 320 feet of stacking space which is about a City block. City
Staff agreed that they had not noticed that and there are certainly a lot of
restaurants that stack many vehicles during peak hours, but the Code
requirements seem to be excessive.
Basically, the Code breaks the restaurant
category down into two separated categories. First would be those that
have a drive-thru window only and no menu board, and the second would be those
having a menu board and a window. Planning Commission decided that
first of all there should not be a separate category for coffee shops because
many of the coffee shops serve food and many restaurants serve coffee.
They decided to stay with the same approach for all restaurants with menu
boards and restaurants without menu boards. In the situation with no menu
board and just a window, four vehicles will be allowed at the window.
They want to make a change for restaurants with a menu board to a total of
eight vehicles. There could be four at the window and four behind or any
combination to be determined by the owner as long as not more then eight are
stacked at a time.
Staff’s concern is that when cars
stack they do not extend into the public right-of-way and cause traffic
problems or an unsafe situation. These proposed changes as a solution
were agreeable with Mr. Tucker’s requirements. There is ample room
for eight vehicles to stack at Mr. Tucker’s business; in fact they could
probably stack more. One of the Planning Commissioners, who owns a
business, pointed out if you have 16 vehicles stacking at a time, it is not
good for business. Mr. Lang with our technology, the public expects
faster service than that and staff agreed 12 are excessive.
This was a new requirement
adopted under the new UDO and prior to that the City did not have any reference
to stacking. City Planner believed this is a good requirement. He
used Barista’s (north) as an example because it is located on a private
frontage road. Realistically, he believed it is not good to stack the
vehicles out into any road. Since the drive-thru is not technically
located on a City street, they were allowed to do that. They are
now more cognizant of the potential problems than they were in the past.
With the amount of restaurants that use the new technology, most want to have a
drive-thru. He believed that it is an important issue for the public
safety and welfare of our citizens to make sure there is adequate stacking
room. He checked with Hastings and Grand Island, they did not have a
specific number of vehicles requirement, but used the distance of approximately
100 feet (basically five cars).
There was no one present in
opposition to this hearing.
Moved by Hadley seconded by
Kearney to close the hearing and approve the proposed amendment to Table 49-5
“Off-Street Stacking Requirements” of Section 49-109 “Stacking Requirements for
Drive-Through Services” of Chapter 49 “Off-Street Parking” of the Unified Land
Development Ordinance, a part of the Code of the City of Kearney to establish
vehicular stacking requirements for drive through services. Roll call resulted
as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion
carried.
SANITARY SEWER EASEMENT FROM
CABELA’S
Mayor Hadley opened the public
hearing on the proposed acquisition for sanitary sewer easement purposes of the
following tracts of land: Permanent Easement for a tract of land located in
part of the Southeast Quarter of the Northeast Quarter of Section 32, Township
9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, more
particularly described as follows: referring to the northeast corner of said
Section 32; thence southerly along the east line of said Northeast Quarter a
distance of 1738.8 feet; thence westerly perpendicular to said east line a
distance of 65.0 feet to the point of beginning of a 20-foot wide tract to be
used for sanitary sewer facilities; thence continuing westerly perpendicular to
said east line a distance of 20.0 feet; thence southerly and parallel with said
east line a distance of 332.70 feet to the north line of Highway No. 30 per
Right-of-Way Agreement Inst. 95 #249 as recorded in the office of the Register
of Deeds, Buffalo County, Nebraska; thence northeasterly along said north line
a distance of 20.89 feet; thence northerly parallel with said east line a
distance of 326.67 feet to the point of beginning, containing 0.15 acres, more
or less, all in Buffalo County, Nebraska AND a Temporary Construction Easement
for a tract of land located in part of the Southeast Quarter of the Northeast
Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., Buffalo
County, Nebraska, more particularly described as follows: referring to the
northeast corner of said Section 32; thence southerly along the east line of
said Northeast Quarter a distance of 1738.8 feet; thence westerly perpendicular
to said east line a distance of 85.0 feet to the point of beginning of a
40-foot wide tract to be used for construction of sanitary sewer facilities;
thence continuing westerly perpendicular to said east line a distance of 40.0
feet; thence southerly and parallel with said east line a distance of 344.76
feet to the north line of Highway No. 30 per Right-of-Way Agreement Inst. 95
#249 as recorded in the office of the Register of Deeds, Buffalo County,
Nebraska; thence northeasterly along said north line a distance of 41.78 feet;
thence northerly parallel with said east line a distance of 332.70 feet to the
point of beginning, containing 0.31 acres, more or less, all in Buffalo County,
Nebraska (west side of Cherry Avenue from Highway 30 north to the City’s
sanitary sewer lift station) and to consider approval of Resolution No.
2006-202.
Director of Utilities Kirk
Stocker presented this matter to the Council. At the September 26, 2006 Council meeting, the Council approved Plans and Specifications for the 2006 Part
VIII Improvements. At the October 24, 2006 Council meeting, the Council
awarded the bid for the 2006 Part VIII Improvements to Midlands Contracting of
Kearney. The 2006 Part VIII Improvements include a project to construct a
sanitary sewer line along the north side of Highway 30 to serve industries
located east of Cherry Avenue. The project requires that the City obtain a
Temporary Construction and Permanent Sanitary Sewer Easement from Cabela’s in
order to construct the sanitary sewer main on their property along the west
side of Cherry Avenue from Highway 30 north to the City’s sanitary sewer lift
station.
There was no one present in
opposition to this hearing.
Moved by Kearney seconded by
Clouse to close the hearing and approve the proposed acquisition for sanitary
sewer easement purposes of the following tracts of land: Permanent Easement for
a tract of land located in part of the Southeast Quarter of the Northeast
Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., Buffalo
County, Nebraska, more particularly described as follows: referring to the
northeast corner of said Section 32; thence southerly along the east line of
said Northeast Quarter a distance of 1738.8 feet; thence westerly perpendicular
to said east line a distance of 65.0 feet to the point of beginning of a
20-foot wide tract to be used for sanitary sewer facilities; thence continuing
westerly perpendicular to said east line a distance of 20.0 feet; thence southerly
and parallel with said east line a distance of 332.70 feet to the north line of
Highway No. 30 per Right-of-Way Agreement Inst. 95 #249 as recorded in the
office of the Register of Deeds, Buffalo County, Nebraska; thence northeasterly
along said north line a distance of 20.89 feet; thence northerly parallel with
said east line a distance of 326.67 feet to the point of beginning, containing
0.15 acres, more or less, all in Buffalo County, Nebraska AND a Temporary
Construction Easement for a tract of land located in part of the Southeast
Quarter of the Northeast Quarter of Section 32, Township 9 North, Range 15 West
of the 6th P.M., Buffalo County, Nebraska, more particularly described as
follows: referring to the northeast corner of said Section 32; thence southerly
along the east line of said Northeast Quarter a distance of 1738.8 feet; thence
westerly perpendicular to said east line a distance of 85.0 feet to the point
of beginning of a 40-foot wide tract to be used for construction of sanitary
sewer facilities; thence continuing westerly perpendicular to said east line a
distance of 40.0 feet; thence southerly and parallel with said east line a
distance of 344.76 feet to the north line of Highway No. 30 per Right-of-Way
Agreement Inst. 95 #249 as recorded in the office of the Register of Deeds,
Buffalo County, Nebraska; thence northeasterly along said north line a distance
of 41.78 feet; thence northerly parallel with said east line a distance of
332.70 feet to the point of beginning, containing 0.31 acres, more or less, all
in Buffalo County, Nebraska (west side of Cherry Avenue from Highway 30 north
to the City’s sanitary sewer lift station) and approve Resolution No. 2006-202.
Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney.
Nay: None. Motion carried.
RESOLUTION NO.
2006-202
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
acquisition; and
WHEREAS, Cabela’s Inc., a Delaware Corporation, has granted to the City of
Kearney, Nebraska, a Permanent and Temporary Sanitary Sewer Easement as
follows:
Permanent Sanitary Sewer Easement
A tract of land located in part of the Southeast Quarter of
the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th
P.M., Buffalo County, Nebraska, more particularly described as follows:
referring to the northeast corner of said Section 32; thence southerly along
the east line of said Northeast Quarter a distance of 1738.8 feet; thence
westerly perpendicular to said east line a distance of 65.0 feet to the point
of beginning of a 20-foot wide tract to be used for sanitary sewer facilities;
thence continuing westerly perpendicular to said east line a distance of 20.0
feet; thence southerly and parallel with said east line a distance of 332.70
feet to the north line of Highway No. 30 per Right-of-Way Agreement Inst. 95
#249 as recorded in the office of the Register of Deeds, Buffalo County,
Nebraska; thence northeasterly along said north line a distance of 20.89 feet;
thence northerly parallel with said east line a distance of 326.67 feet to the
point of beginning, containing 0.15 acres, more or less, all in Buffalo County,
Nebraska.
Temporary Construction Easement
A tract of land located in part of the Southeast Quarter of
the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th
P.M., Buffalo County, Nebraska, more particularly described as follows:
referring to the northeast corner of said Section 32; thence southerly along
the east line of said Northeast Quarter a distance of 1738.8 feet; thence
westerly perpendicular to said east line a distance of 85.0 feet to the point
of beginning of a 40-foot wide tract to be used for construction of sanitary
sewer facilities; thence continuing westerly perpendicular to said east line a
distance of 40.0 feet; thence southerly and parallel with said east line a
distance of 344.76 feet to the north line of Highway No. 30 per Right-of-Way
Agreement Inst. 95 #249 as recorded in the office of the Register of Deeds,
Buffalo County, Nebraska; thence northeasterly along said north line a distance
of 41.78 feet; thence northerly parallel with said east line a distance of
332.70 feet to the point of beginning, containing 0.31 acres, more or less, all
in Buffalo County, Nebraska (west side of Cherry Avenue from Highway 30 north
to the City’s sanitary sewer lift station).
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the Permanent and Temporary Sanitary Sewer Easement
granted by Cabela’s Corporation, to the City of Kearney be and is hereby
approved and accepted.
PASSED AND APPROVED THIS 14TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY CLERK
AND EX-OFFICIO MAYOR
WATER AND SANITARY SEWER EASEMENT
FROM L & P INVESTMENTS
Mayor Hadley opened the public
hearing on the proposed acquisition for sanitary sewer and water easement
purposes of the following tracts of land: Permanent Water Easement for the
south 20 feet of Lot 2, Block 1 and the south 20 feet of the west 140 feet of
Lot 1, Block 1, North Acre Sixth Addition to the City of Kearney, Buffalo
County, Nebraska AND a Permanent Sanitary Sewer Easement for the south 20 feet
of the north 40 feet of Lot 2, Block 1 and the south 20 feet of the north 40
feet of the west 75 feet of the west 140 feet of Lot 1, Block 1, North Acre
Sixth Addition to the City of Kearney, Buffalo County, Nebraska (half block
north of 60th Street on the east side of 4th Avenue) and to consider approval
of Resolution No. 2006-203.
Director of Utilities Kirk
Stocker presented this matter to the Council. At the August 8, 2006 City
Council meeting, the Council approved Development Plans for the west 140 feet
of Lot 1 and all of Lot 2, Block 1, North Acre Sixth Addition. The
property is located about a half block north of 60th Street on the east side of
4th Avenue. The approval allows the owner to construct two 12,000 sq.
ft. metal buildings for wholesale sales.
The owner has signed a Developer
Constructed Infrastructure Agreement to construct the public infrastructure in 4th
Avenue and to construct water and sanitary sewer onto the property. The
owner has granted the City a Permanent Water and Sanitary Sewer Easement for
the water and sanitary sewer located on the property.
There was no one present in
opposition to this hearing.
Moved by Clouse seconded by Lear
to close the hearing and approve the proposed acquisition for sanitary sewer
and water easement purposes of the following tracts of land: Permanent Water
Easement for the south 20 feet of Lot 2, Block 1 and the south 20 feet of the
west 140 feet of Lot 1, Block 1, North Acre Sixth Addition to the City of
Kearney, Buffalo County, Nebraska AND a Permanent Sanitary Sewer Easement for
the south 20 feet of the north 40 feet of Lot 2, Block 1 and the south 20 feet
of the north 40 feet of the west 75 feet of the west 140 feet of Lot 1, Block
1, North Acre Sixth Addition to the City of Kearney, Buffalo County, Nebraska
(half block north of 60th Street on the east side of 4th Avenue) and approve
Resolution No. 2006-203. Roll call resulted as follows: Aye: Hadley, Lear,
Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
RESOLUTION NO.
2006-203
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 water and sanitary sewer main purposes and voted in favor to
proceed with the acquisition; and
WHEREAS, L & P Investments, LLC, a Nebraska Limited Liability Company, has
granted to the City of Kearney, Nebraska, a Permanent and Water and Sanitary
Sewer Easement as follows:
Permanent Water Easement
The south 20 feet of Lot
2, Block 1 and the south 20 feet of the west 140 feet of Lot 1, Block 1, North Acre Sixth Addition to the City of
Kearney, Buffalo County, Nebraska.
Permanent Sanitary Sewer Easement
The south 20 feet of the north 40 feet of Lot 2, Block 1 and
the south 20 feet of the north 40 feet of the west 75 feet of the west 140 feet
of Lot 1, Block 1, North Acre Sixth Addition to the City of Kearney, Buffalo
County, Nebraska (half block north of 60th Street on the east side of 4th
Avenue).
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the Permanent and Water and Sanitary Sewer Easement
granted by L & P Investments, LLC, a Nebraska Limited Liability Company, to
the City of Kearney be and is hereby approved and accepted.
PASSED AND APPROVED THIS 14TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
IV.
CONSENT AGENDA
Moved by Lear seconded by
Buschkoetter that Subsections 1 through 16 of Consent Agenda Item IV be
approved. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney,
Buschkoetter, Lear. Nay: None. Motion carried.
1.
Approve Minutes of Regular Meeting held October 24, 2006.
2.
Approve the following Claims: AT&T $121.90 smcs; Adamson,B $136.50 smcs; Aflac
$2,207.10 ps; Alltel $4,034.58 smcs; Amazon $498.65 smcs; Amer Fence $955.50 smcs;
Amer Red Cross $5.00 smcs; Anderson Brothers $180.90 smcs; APWA-NE $170.00 smcs;
Ashworth $94.47 smcs; Aurora Co-op $88.80 smcs; B&B Auto Glass $135.00 co;
Baker & Taylor Books $5,510.12 smcs; BBC Audiobooks $539.19 smcs; Becker,J
$28.00 smcs; Bennett,T $1,095.00 smcs; Blessing $24,168.05 co; Bluecross Blueshield
$47,862.82 smcs; Bober,M $10.49 smcs; Bob's Superstore $8.70 smcs; Bosselman
$29,154.14 smcs; Bound to Stay Bound Books $500.34 smcs; Broadfoot's $362.75 smcs;
Brodart Co $194.11 smcs; Brown,A $127.72 smcs; Bruha,S $312.00 smcs; Brungardt
Engineering $425.00 smcs; Buffalo Co Court $606.69 ps; Buffalo Co Reg. of Deeds
$76.50 smcs; Builders Warehouse $142.52 co; C.A.N.D.O. $7,000.00 smcs; Carlson,M
$10.00 smcs; Carquest $25.00 smcs; Cash-Wa $1,308.50 smcs; Central District
Health Dept $3,598.00 smcs; Central Fire $60.00 smcs; Century 21 Midlands
$1,000.00 co; CHAD $24.00 ps; Charter $77.45 smcs; Chesterman $47.50 smcs; City
of Ky $250,928.81 smcs,ps; College Savings Plan of NE $125.00 ps; Consceco Life
Ins $29.00 ps; Construction Rental $20.50 smcs; Copycat Printing $31.30 smcs; Cottonmill
Enterprises $51.00 smcs; Culligan $320.77 smcs; Cummins Central Power $486.85 smcs;
Dawson Co PPD $1,968.22 smcs; Dell $5,330.86 smcs,co; Depository Trust Co
$204,351.25 ds; Dept of the Treasury $22.39 ps; Development Council $75,000.00 smcs;
Double M Farms $2,000.00 smcs; Dugan Business Forms $1,004.54 smcs; Duryea,B
$8.56 smcs; Dutton-Lainson $587.55 smcs,co; Eakes $2,264.51 smcs; Ecolab $29.00
smcs; EDM Equipment $54.84 smcs; Elliott $6,032.86 smcs; Engels,D $279.19 smcs;
Engler,E $19.56 smcs; Entenmann-Rovin $350.07 smcs; Envirotech Services
$18,576.33 smcs; Etcetera Thrift Store $80.00 smcs; Eustis Body Shop $2,192.75 smcs;
Expression Wear $142.00 ps; Fairbanks $4,274.34 smcs; Family Practice Assoc
$136.00 smcs; Farmers Union $30.00 smcs; Fritson,M $11.37 smcs; Galls $333.06 smcs;
Garrett Tires & Treads $1,493.22 smcs; Gaylord Brothers $163.88 smcs; Gerdes,J
$16.95 smcs; Graf,J $100.00 smcs; Great Plains One-Call $363.44 smcs; Grimes,J
$14.98 smcs; Grint,K $115.13 smcs; Guenther Electric $42.50 smcs; H F Precision
Striping $375.00 co; Harrison,B $5.16 smcs; Heartland Co-op $6,365.00 smcs; Henderson,D
$10.02 smcs; Highsmith $25.54 smcs; Hometown Leasing $552.54 smcs; Hooker
Brothers Sand $444.60 smcs; Hydrologic $2,812.00 smcs; ICMA RC $5,586.09 ps; Intellicom
$275.00 co; IRS $183,888.14 ps; Int'l Assoc of Identification $60.00 smcs; ISSolutions
$1,895.00 smcs; Jack Lederman $426.66 smcs; James,D $169.51 smcs; Jindrich,E
$3.78 smcs; John Deere Credit $11,125.33 ds; Johnsen Corrosion $1,976.64 smcs; Johnston,N
$9.65 smcs; Junior Library Guild $2,628.60 smcs; Karel,T $14.00 smcs; Katzberg,C
$9.37 smcs; Ky Area United Way $494.24 ps; Ky Chamber of Comm $35.00 smcs; Ky
Concrete $15,564.80 smcs,co; Ky Crete & Block $624.17 smcs; Ky Hub $134.44 smcs;
Ky Implement $10,300.00 co; Ky Noon Rotary $95.00 smcs; Ky Towing $217.50 smcs;
Ky Visitors Bureau $20,264.42 smcs; Ky Winlectric $90.15 smcs; Kirkham Michael
$16,592.47 smcs; Koetters,J $249.20 smcs; Kooyman,R $200.00 ps; Kowalek,G
$356.50 smcs; Kronin,C $2.72 smcs; Laughlin,K $540.00 ps; Lindner,S $264.17 smcs;
Linweld $175.05 smcs; Lochland Country Club $650.00 smcs; Luke,D $14.08 smcs;
Magic Cleaning $250.00 smcs; Mail Express $77.20 smcs; Mason City History Book
$70.00 smcs; Mattley Advertising $227.63 smcs; Meger,J $14.25 smcs; Meier,S
$17.62 smcs; Mendoza,S $4.03 smcs; Meteorlogix $567.00 er; Metlife $5,973.94 smcs,ps;
Midlands Contracting $216,852.87 co; Mid-State Units $150.00 smcs; Midwest
Right of Way $1,431.25 co; Milco Environmental $1,353.71 smcs; Miller &
Associates $26,055.63 smcs,co; Minitex $1,532.00 smcs; Moore Wallace $474.25 smcs;
Morgan,M $44.50 smcs; Mosbarger,B $200.00 ps; Municipal Supply $80.78 smcs;
Nathan's Curb Grinding $288.00 co; NWWA $3,240.10 smcs; NE Child Support
$4,682.72 ps; NE Department of Revenue $29,011.77 ps; NE Dept of Aeronautics
$995.00 ds; NE Health & Human Service $1,307.37 smcs,co; NE Machinery
$2,900.00 ds; NE State Board Landscape $100.00 smcs; Neopost $8,000.00 smcs; Nickel,M
$21.00 smcs; Northgate Veterinary $71.50 smcs; Northwestern Energy $6,810.71 smcs;
Office Depot $67.11 smcs; Olson,J $26.52 smcs; Paramount $134.19 smcs; Pat's
Plumbing $400.00 smcs; Paulsen Properties $24.87 smcs; Pavlicek,S $22.00 smcs; Payflex
Systems $412.25 smcs,ps; Pep Co $51.10 smcs; Pet Pick-ups $386.89 smcs; Platte
Valley Comm $4,867.55 smcs; Presto-X $269.00 smcs; Puccini,C $7.41 smcs; Quill
$139.33 smcs; Quinton,J $1,000.00 co; Radliff,D $848.00 smcs; Ralston Fire Dept
$500.00 smcs; Random House $396.40 smcs; Ready Mixed Concrete $12,204.29 smcs,co;
Recorded Books $1,484.65 smcs; Regional Books $143.01 smcs; Riverside Mfg
$169.85 ps; Rock Tough $14,645.00 co; Roe,P $17.17 smcs; Ross Engineering
$212.50 co; RTI $264.95 smcs; Rutt's Heating $8,950.00 co; Sapp Brothers
Petroleum $16,723.90 smcs; Sargent Drilling $82,260.00 co; Scorr Marketing $1,218.75
smcs; See Clear Cleaning $1,900.00 smcs; Shamrock Turf Farm $942.00 co; Sherwin
Industries $349.80 smcs; Showcases $574.00 smcs; Siemens $939.78 smcs; Skyhawke
$933.00 smcs; Snap-On Tools $1,602.45 smcs; Solid Waste Agency $47,627.26 smcs;
Solid Waste Equipment $18,820.83 smcs; State of NE/DAS Comm $18.91 smcs; Strategos
Int'l $1,199.92 smcs; Sun Life Financial $20,989.29 smcs; Tactical Technologies
$27.00 smcs; Terri's Shrub Design $575.00 smcs; Thomas,C $15.28 smcs; Thompson,L
$30.00 smcs; Thomson Gale $2,566.03 smcs; Tielke Enterprise $100.28 smcs;
Todd's Flooring $915.60 smcs; Tokay Software $640.00 smcs; Tom's Tree Service
$250.00 smcs; Tritton,J $33.39 smcs; Turner Body Shop $165.00 smcs; Tye & Rademacher
$10,176.99 smcs; US Postmaster $568.00 smcs; Unique Books $1,116.47 smcs; US
Bank $250,448.33 ds; US Internet $2,106.00 smcs; Van Diest Supply $127.40 smcs;
Video Service of America $278.45 smcs; Video Store Shopper $1,014.89 smcs;
Village Uniform $438.90 smcs; Walsh,C $245.90 smcs; Walters Electric $883.81
co; Werner Construction $41,053.58 co; West Payment Center $1,074.30 smcs;
Wilkins Hinrichs Stober $29,366.96 co; Williams,M $129.35 smcs; Wirrick,V
$19.00 smcs; WMA Billeting Fund $200.00 smcs; Young,J $5.44 smcs; Zimmerman
Printing $708.20 smcs; Zinnel,S $1.53 smcs; Payroll Ending 10-28-2006 --
$271,157.66. 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 request submitted by the Downtown Improvement Board as follows: (1)
place Santa’s house in front of Nelson’s Furniture, 2109 Central Avenue from
November 16, 2006 until December 29, 2006; (2) place the Christmas tree at the
intersection of 22nd Street and Central Avenue from November 16 through
December 31, 2006; (3) hang garland and lights on Central Avenue light poles
from November 16 through December 31, 2006; (4) block off three parking stalls
in front of the Old Saltbox, 2201 Central Avenue for Santa’s reindeer and
sleigh on November 30 2006 from 4:00 p.m. until 9:00 p.m.; (5) block off three
parking stalls in front of Time for Baby, 2123 Central Avenue to sell popcorn
on November 30, 2006 from 4:00 p.m. until 9:00 p.m.
4.
Approve the bids received for the purchase of software, hardware, and
implementation services for an automated wastewater treatment plant control
system and approve Resolution No. 2006-204 awarding the bid to Technical
Maintenance and Service Company in the amount of $112,815.00.
RESOLUTION
NO. 2006-204
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the agreement between the City of Kearney and Technical Maintenance and
Service Company for software, hardware, and implementation services for an
automated Wastewater Treatment Plant Control System Upgrade be and is hereby
accepted and approved. The Agreement, marked as Exhibit 1 is attached hereto,
negotiated with Lincoln Williams, President of Technical Maintenance and
Service Company for software, hardware, and implementation services for an
automated Wastewater Treatment Plant Control System Upgrade.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the same agreement on behalf of the City of Kearney.
PASSED AND APPROVED THIS 14TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E. TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
5.
Approve the application for a Special Designated License submitted by KEARNEY
BBQ CO., dba “Skeeter Barnes” in connection with their Class I-55865 liquor
license to dispense beer, wine and distilled spirits at Scorr Marketing, 2201
Central Avenue, Suite A, on December 7, 2006 from 5:00 p.m. until 9:00 p.m. for
a business Christmas party.
6.
Approve the application for a Special Designated License submitted by the
Kearney Volunteer Fire Department to dispense beer, wine and distilled spirits
in the Exhibit Building located at the Buffalo County Fairgrounds, 1300 East
34th Street, on December 9, 2006 from 6:00 p.m. until 1:00 a.m. for their annual dance event.
7.
Approve the bids received for the construction of the 2006 Part IX Improvements
consisting of Paving Improvement District No. 2006-913 and Water District No.
2006-546 for Country Club Lane from 35th Street north to the north lot line of
Lot 1 of Block 1, Aspen Meadows and approve Resolution No. 2006-205.
RESOLUTION
NO. 2006-205
WHEREAS, Miller & Associates and the City of Kearney have reviewed the
sealed bids which were opened on November 13, 2006, at 10:00 p.m. for the 2006
Part IX Improvements consisting of Paving Improvement District No. 2006-913 and
Water District No. 2006-546 for Country Club Lane from 35th Street north to the
north lot line of Lot 1 of Block 1, Aspen Meadows; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $31,135.00
for Bid A (Water) and $214,147.50 for Bid B (Paving); and
WHEREAS, the
said engineers have recommended the bid offered by Midlands Contracting of
Kearney, Nebraska in the sum of $28,502.00 for Bid A (Water), and Blessing, LLC
of Kearney, Nebraska in the sum of $207,128.00 for Bid B (Paving) be accepted
as the lowest responsible bids.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska that the Engineers recommendation is hereby accepted and
approved, that Midlands Contracting of Kearney, Nebraska be and is the lowest
responsible bidder for the 2006 Part IX Improvements consisting of Water
District No. 2006-546 for Country Club Lane from 35th Street north to the north
lot line of Lot 1 of Block 1, Aspen Meadows to be constructed in accordance
with the plans and specifications on file with the City Clerk and that the bid
of Midlands Contracting of Kearney, Nebraska in the sum of $28,502.00 be and is
hereby accepted for Bid A (Water).
BE IT FURTHER RESOLVED by the President and City Council of the City of
Kearney, Nebraska that the Engineers recommendation is hereby accepted and
approved, that Blessing, LLC of Kearney, Nebraska be and is the lowest
responsible bidder for the 2006 Part IX Improvements consisting of Paving
Improvement District No. 2006-913 for Country Club Lane from 35th Street north
to the north lot line of Lot 1 of Block 1, Aspen Meadows to be constructed in
accordance with the plans and specifications on file with the City Clerk and
that the bid of Blessing, LLC of Kearney, Nebraska in the sum of $207,128.00 be
and is hereby accepted for Bid B (Paving).
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
2006 Part IX Improvements for Bid A (Water) in the amount of $31,135.00 and for
Bid B (Paving) in the amount of $214,147.50 be and is hereby accepted.
BE IT FURTHER
RESOLVED that the President of the Council of the City of Kearney, Nebraska, be
and is hereby authorized and directed to execute contracts for such
improvements in accordance with the bid, plans, specifications, and general
stipulations pertaining thereto.
PASSED AND APPROVED THIS 14TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
8.
Approve the Developer Constructed Infrastructure Agreement between the City of
Kearney and L & P Investments for paving, water and sewer in 4th Avenue for
the west 140 feet of Lot 1 and all of Lot 2, Block 1, and Lot 1, Block 2, all
in North Acre Sixth Addition and approve Resolution No. 2006-206.
RESOLUTION
NO. 2006-206
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the agreement entitled “Developer Constructed Infrastructure Agreement”
between the City of Kearney and L & P Investments, LLC, A Nebraska Limited
Liability Company for the construction of paving, water, sanitary sewer, and
storm sewer improvements located within the right-of-way of 4th Avenue and to
serve the west 140 feet of Lot 1 and all of Lot 2, Block 1, and Lot 1, Block 2,
all in North Acre Sixth Addition to the City of Kearney, Buffalo County,
Nebraska be and is hereby accepted and approved. The Agreement, marked as
Exhibit 1 is attached hereto, negotiated with Marc Starostka, Manager and David
Starostka, vice-manager of L & P Investments, LLC to construct paving,
water, sanitary sewer, and storm sewer improvements as stated above.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the same agreement on behalf of the City of Kearney.
PASSED AND APPROVED THIS 14TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
9.
Approve the Developer Construction Infrastructure Agreement between the City of
Kearney and Twin Falls LLC for paving, water and sewer for Lots 1 through 14
of Block 1 and Lots 5 through 10 of Block 2, Aspen Meadows and approve
Resolution No. 2006-207.
RESOLUTION
NO. 2006-207
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the agreement entitled “Developer Constructed Infrastructure Agreement”
between the City of Kearney and Twin Falls LLC, a Nebraska Limited Liability
Company for the construction of paving, water, sanitary sewer, and storm sewer
improvements for Lots 1 through 14 of Block 1 and Lots 5 through 10 of Block 2,
Aspen Meadows, an addition to the City of Kearney, Buffalo County, Nebraska be
and is hereby accepted and approved. The Agreement, marked as Exhibit 1 is
attached hereto, negotiated with Gene McElhinney, President/Manager of Twin
Falls LLC to construct paving, water, sanitary sewer, and storm sewer improvements
as stated above.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the same agreement on behalf of the City of Kearney.
PASSED AND APPROVED THIS 14TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
10.
Approve the bids received for the purchase of Refuse Containers for the
Sanitation Division of Utilities and award the bid to Otto Environmental Systems
in the amount of $63,291.00.
11.
Approve Change Order No. 1 showing a decrease in the amount of $746.95,
Application and Certificate for Payment No. 2 in the amount of $107,527.50, and
the Certificate of Substantial Completion submitted by Blessing, LLC and
approved by Miller & Associates for the 2006 Part VI Improvements
consisting of Paving Improvement District No. 2006-912 for the alley lying west
of 2nd Avenue from 22nd Street to 24th Street and approve Resolution No.
2006-208.
RESOLUTION
NO. 2006-208
WHEREAS,
Blessing, LLC of Kearney, Nebraska has performed services in connection with
the 2006 Part VI Improvements consisting of Paving Improvement District No.
2006-912 for the alley lying west of 2nd Avenue from 22nd Street to 24th Street,
and the City's engineer, Miller & Associates, have filed with the City
Clerk Change Order No. 1 showing a decrease in the amount of $746.95 as shown
on Exhibit “A” attached hereto and made a part hereof by reference; and
WHEREAS, the
Engineer and Contractor have filed with the City Clerk Application and
Certificate for Payment No. 2-Final in the amount of $107,527.50 as shown on
Exhibit “B” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$125,243.50
|
|
Change Order – 11-14-2006
|
-
746.95
|
|
Contract Sum To Date
|
124,496.55
|
|
Gross Amount Due
|
124,496.55
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
124,496.55
|
|
Less Previous Certificates for
Payment
|
16,969.05
|
|
Current Payment Due
|
$107,527.50
|
WHEREAS, the Engineer and Contractor have now certified to the City Clerk that
work is completed as of October 26, 2006, as shown by Exhibit “C” attached
hereto and made a part hereof by reference.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as
shown on Exhibit “A”, Application and Certificate for Payment No. 2-Final, as
shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on
Exhibit “C” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 14TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
12.
Approve Change Order No. 1 showing an increase in the amount of $5,875.00
submitted by Midlands Contracting, Inc. and approved by Miller & Associates
for the 2006 Part III Improvements – Bid A consisting of Water District No.
2006-543 for 11th Avenue from the south line of Rapp Addition south to its
terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1
and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th
Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates
Third; Water District No. 2006-544 for 17th Avenue from 14th Street south to
11th Street; Sewer District No. 2006-486 for 11th Avenue from the south line of
Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts
Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park
View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1
of Block 2, Park View Estates Third; Sewer District No. 2006-487 for 17th
Avenue from 14th Street south to 11th Street and approve Resolution No.
2006-209.
RESOLUTION
NO. 2006-209
WHEREAS,
Midlands Contracting, Inc. of Kearney, Nebraska has performed services in
connection with the 2006 Part III Improvements – Bid A consisting of Water
District No. 2006-543 for 11th Avenue from the south line of Rapp Addition
south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of
Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View
Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of
Block 2, Park View Estates Third; Water District No. 2006-544 for 17th Avenue
from 14th Street south to 11th Street; Sewer District No. 2006-486 for 11th
Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac;
AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6
of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts
Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Sewer District
No. 2006-487 for 17th Avenue from 14th Street south to 11th Street, and the
City's engineer, Miller & Associates, have filed with the City Clerk Change
Order No. 1 showing an increase in the amount of $5,875.00 as shown on Exhibit
“A” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$307,098.50
|
|
Change Order – 11-14-2006
|
+
5,875.00
|
|
New Contract Sum
|
$312,973.50
|
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”, be and is hereby accepted and approved.
PASSED AND APPROVED THIS 14TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
13.
Approve the Technical and Professional Services Contract between the City of Kearney
and Miller & Associates for CDBG Application #06TD001 for grant
administration services and approve Resolution No. 2006-210.
RESOLUTION NO.
2006-210
WHEREAS, the Nebraska Firefighters Foundation is sponsoring a project that
consists of converting two existing buildings to a state-of-the-art museum,
which includes artifact displays and educational exhibits pertaining to fire
prevention and fire safety, while creating handicapped accessibility; and
WHEREAS, the City of Kearney applied for and received Community Development
Block Grant Funds from the Nebraska Department of Economic Development during
the 2006 Application cycle in the amount of $118,000; and
WHEREAS, the City of Kearney requested proposals from certified CDBG
administrators in Central Nebraska for grant administration services relating
to this project; and
WHEREAS, City staff reviewed the proposal and recommends pursuing a contract
with Miller & Associates of Kearney to provide grant administration
services.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that the President be and is hereby authorized and directed
to execute, on behalf of the City of Kearney, the Technical and Professional
Services Contract between the City of Kearney and Miller & Associates for
Community Development Block Grant No. 06TD001 for grant administration services
in the amount of $9,980 as set forth in the Contract. A copy of the said
Contract, marked Exhibit “A”, is attached hereto and made a part hereof by
reference
PASSED AND APPROVED THIS 14TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE
E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
14.
Approve the application for a Special Designated License submitted by ALLEY
ROSE, INC. OF KEARNEY, NE., dba “Alley Rose” in connection with their Class
IK-21763 liquor license to dispense beer, wine and distilled spirits in the
Great Platte River Road Archway Monument, 3060 1st Street, on December 2, 2006
from 6:30 p.m. until 12:00 a.m. for the Good Samaritan Christmas Party.
15.
Reject the bids received for the construction of the Harvey Park Tennis Courts.
16.
Approve the application for a Special Designated License submitted by NIGHT
LIFE CONCEPTS, INC., dba “Cunningham’s Journal” in connection with their Class
CK-59311 liquor license to dispense beer, wine and distilled spirits in the
Exposition Building at the Buffalo County Fairgrounds, 3807 Avenue N, on
December 15 and 16, 2006 from 8:00 a.m. until 1:00 a.m. each day for the
professional bull riding event.
V.
CONSENT AGENDA ORDINANCES
None.
VI.
REGULAR AGENDA
ORDINANCE NO. 7306 – REZONING 1/2 BLOCK
EAST OF AVENUE K AND 18TH STREET INTERSECTION ON SOUTH SIDE OF 18TH STREET
(PERTAINS TO PUBLIC HEARING 3)
Ordinance No. 7306 rezoning
property located 1/2 block east of Avenue K and 18th Street intersection on
south side of 18th Street was withdrawn by the applicant.
ORDINANCE NO. 7307 – CONDITIONAL
USE PERMIT TO CABLE NEBRASKA (PERTAINS TO PUBLIC HEARING 4)
Council Member Buschkoetter
introduced Ordinance No. 7307, being Subsection 2 of Agenda Item VI to grant a
Conditional Use Permit to Cable Nebraska, L.L.C. (Applicant) and Christian and Karyn
Hilliard (Owner) to locate communication buildings for operations of fiber
optic data networks on property zoned “District C-O/PD, Office/Planned
Development Overlay District” and described as a tract of land being part of
Lot 1, Patriot Addition, an addition to the City of Kearney, Buffalo County,
Nebraska (39th Street and 28th Avenue), 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 Hadley 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. 7307 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 Hadley seconded by Kearney
that Ordinance No. 7307 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. 7307 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. 7308 – REZONING 121
WEST 25TH STREET (PERTAINS TO PUBLIC HEARING 5)
Council Member Buschkoetter
introduced Ordinance No. 7308, being Subsection 3 of Agenda Item VI to rezone
from “District UC, Mixed Use Urban Corridor District” to “District CBD, Kearney
Center Mixed Use District” property described as Lots 84 and 85, Southwest
Quarter School Section Addition and Lot 3, Perkins and Harford’s Strip
Addition, all in the City of Kearney, Buffalo County, Nebraska (121 West 25th
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 Hadley 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. 7308 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 Hadley seconded by Kearney
that Ordinance No. 7308 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. 7308 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. 7309 – REZONING
NORTH OF 56TH STREET AND EAST OF AVENUE Q (PERTAINS TO PUBLIC HEARING 7)
Council Member Buschkoetter
introduced Ordinance No. 7309, being Subsection 4 of Agenda Item VI to rezone
from “District AG, Agricultural District” to “District R-1, Urban Residential
Single-Family District (Low Density)” property described as a tract of land
being part of Government Lot 3 and part of Government Lot 4, and part of the
East Half of the Southwest Quarter all located in Section 19, Township 9 North,
Range 15 West of the 6th P.M., containing 27.59 acres, more or less, Buffalo
County, Nebraska AND to “District R-2, Urban Residential Mixed-Density
District” property described as a tract of land being part of the East Half of
the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th
P.M., containing 11.76 acres, more or less, Buffalo County, Nebraska (north of
56th Street and east of Avenue Q), 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 Hadley 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. 7309 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 Hadley seconded by Kearney
that Ordinance No. 7309 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. 7309 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. 7310 – VACATE LOT 1,
CAMELOT FOURTH ADDITION (PERTAINS TO PUBLIC HEARING 10)
Council Member Buschkoetter
introduced Ordinance No. 7310, being Subsection 5 of Agenda Item VI to vacate
Lot 1, Camelot Fourth Addition, an addition to the City of Kearney, Buffalo
County, Nebraska (north of 35th Street and east of extended Country Club Lane),
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 Hadley
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. 7310 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 Hadley seconded by Kearney
that Ordinance No. 7310 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. 7310 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. 7311 – AMEND TABLE
49-5 “OFF-STREET STACKING REQUIREMENTS (PERTAINS TO PUBLIC HEARING 11)
Council Member Buschkoetter
introduced Ordinance No. 7311, being Subsection 6 of Agenda Item VI to amend
Table 49-5 “Off-Street Stacking Requirements” of Section 49-109 “Stacking
Requirements for Drive-Through Services” of Chapter 49 “Off-Street Parking” of
the Unified Land Development Ordinance, a part of the Code of the City of
Kearney to establish vehicular stacking requirements for drive through
services, 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 Hadley 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. 7311 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 Hadley seconded by Kearney
that Ordinance No. 7311 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. 7311 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.
AWARD BID FOR HARMON PARK ACTIVITY
CENTER
Mayor Hadley opened for
discussion the bids received for the construction of the Harmon Park Activity Center
and to consider approval of Resolution No. 2006-211 awarding the bid to Hausmann
Construction from Lincoln, Nebraska in the amount of $1,644,000.00.
Recreation Superintendent Scott
Hayden presented this matter to the Council. On October 10, 2006 the City Council approved the Plans and Specifications for the construction of the Harmon
Park Activity Center. On November 7, 2006 the City received bids for the
project. Six bids were received as follows:
|
BIDDER
|
BASE BID
|
COMPLETION DATE
|
|
Hausmann Construction, Lincoln,
NE
|
$1,644,000.00
|
310 days
|
|
Central Contracting, Kearney, NE
|
$1,678,277.00
|
330 days
|
|
Farris Construction, Hastings, NE
|
$1,705,610.00
|
October 15, 2007
|
|
Sampson Construction, Kearney, NE
|
$1,733,990.00
|
330 days
|
|
BD Construction, Kearney, NE
|
$1,829,900.00
|
October 1, 2007
|
|
Simon Constructors, North
Platte, NE
|
$1,861,000.00
|
December 1, 2007
|
The Engineer’s Estimate is
$1,724,590.00. The recommendation is to award the bid to Hausmann
Construction of Lincoln, Nebraska in the amount of $1,644,000.00 with the
completion date being 310 days or approximately October of 2007.
Moved by Kearney seconded by
Clouse to approve the bids received for the construction of the Harmon Park Activity
Center and approve Resolution No. 2006-211 awarding the bid to Hausmann
Construction from Lincoln, Nebraska in the amount of $1,644,000.00. Roll call
resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay:
None. Motion carried.
RESOLUTION
NO. 2006-211
WHEREAS, Wilkins Hinrichs Stober Architects and the City of Kearney have
reviewed the sealed bids which were opened on November 7, 2006, at 2:00 p.m.
for the construction of the Harmon Park Activity Center; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost was
$1,724,590.00; and
WHEREAS, the
said engineers have recommended the bid offered by Hausmann Construction of
Lincoln, Nebraska in the sum of $1,644,000.00 be accepted as the lowest
responsible bid.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska that the Engineers recommendation is hereby accepted and
approved, that Hausmann Construction of Lincoln, Nebraska be and is the lowest
responsible bidder for the construction of the Harmon Park Activity Center to
be constructed in accordance with the plans and specifications on file with the
City Clerk and that the bid of Hausmann Construction of Lincoln, Nebraska in
the sum of $1,644,000.00 be and is hereby accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
construction of the Harmon Park Activity Center in the amount of $1,724,590.00
be and is hereby accepted.
BE IT FURTHER
RESOLVED that the President of the Council of the City of Kearney, Nebraska, be
and is hereby authorized and directed to execute contracts for such
improvements in accordance with the bid, plans, specifications, and general
stipulations pertaining thereto.
PASSED AND APPROVED THIS 14TH DAY OF NOVEMBER, 2006.
ATTEST:
GALEN D. HADLEY
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
OPEN ACCOUNT CLAIMS: NEBRASKA
PUBLIC POWER DISTRICT - $100.21; FREMONT NATIONAL BANK - $79,772.64; PLATTE
VALLEY STATE BANK - $150.00; SCHOOL DISTRICT #7 - $7,547.18
Moved by Hadley seconded by
Kearney that Open Account Claims in the amount of $100.21 payable to Nebraska
Public Power District; in the amount of $79,772.64 payable to Fremont National
Bank; and in the amount of $150.000 payable to Platte Valley State Bank be
allowed. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Kearney.
Nay: None. Clouse and Lear abstained. Motion carried.
Moved by Clouse seconded by Lear
that Open Account Claim in the amount of $7,547.18 payable to School District
#7 be allowed. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Lear.
Nay: None. Buschkoetter abstained. Motion carried.
VII.
REPORTS
ENPLANEMENTS
City Manager Michael Morgan
stated through October 2006 there were 6,779 enplanements which is one of the
highest totals during the last 12 years with two months of this year
left. Total enplanements for this year are estimated to be about
8,800-9,000 which would be the second highest total in the last 12 years.
The ATC and Airport Advisory Board are looking forward to working together in
2007 to get back to 10,000 enplanements.
COMMUNITY REVITALIZATION PROJECT
UPDATE
Assistant to City Manager Amber
Brown stated that Phase I of this project is complete. The sidewalk is finished
from Avenue A to Avenue M along 11th Street and also along the park. The
new street and the bike trail are completed from 11th Street to 17th Street.
This has been a great improvement
to the neighborhood. City Manager pointed out that the 11th Street
sidewalk was an ongoing issue on the citizen suggestion survey. He
commended Blessing Construction for the progress they made in the last ten days
to complete the project. Phase II would begin on January 2, 2007.
56TH STREET AND AVENUE N TRAFFIC
UPDATE
City
Engineer Bruce Grupe stated 30 days ago, Iteris from Lincoln
started studying 56th Street and Avenue N traffic from a signal justification
standpoint and a pedestrian safety standpoint. The traffic counts do not
currently meet the requirements to justify the installation of a signal by
themselves. Part of the study was to evaluate the future traffic growth
that we expect to see in the area. They looked at the preliminary
platting and the activity that they have seen in northeast Kearney.
They plugged that into the computerized traffic model that the City has used in
previous studies. After getting those results, they believe the peak hour
warrants will be met within the next three to four years. A traffic
signal would then be justified.
They
also analyzed pedestrian safety at the crossing. The conflicting
movements between the pedestrians and the vehicles in that intersection present
a unique situation because it has eight approaching lanes of traffic.
Sometimes when a pedestrian is trying to cross that intersection, there is a
potential for six vehicles to be in conflict with that pedestrian at one
time. In the observation period of the study, they noticed that if there
are five or six vehicles there, some of them will stop and wave the pedestrian
on. Others will proceed through the intersection. This does not provide a
comfortable crossing opportunity. In summary, the results of the study
considered the fact that the peak hour warrants are almost met now and believe they
will be met in next three to four years. Given the fact that this is a very
unique situation that the pedestrians face in order to cross this intersection,
Iteris is going to recommend installation of the traffic signal on 56th Street
and Avenue N.
Staff
needs approval to contract with Iteris and proceed with the final design and
the installation of this permanent traffic signal. The cost of the signal
will be somewhere in the range of $90,000-$130,000. The delivery time for
the poles for this signal is between 120-160 days, so could be installed in
approximately six months.
Another option is the
installation of a temporary signal and replacing it with the permanent one. The
cost of the temporary would be $30,000-$40,000 with approximately $10,000 of
that equipment being able to be reused in the permanent installation. The
temporary signal could be done in about 30-45 days. The City Manager has
been in contact with the PTO representatives from Meadowlark School.
City Manager stated the concern
that was discussed with the PTO representative is that they want to see the
signal installed immediately. The dilemma is that they all agree that
spending $30,000-$40,000 for the temporary signal seemed wasteful. The
City has considered hiring someone to help in that area for when the weather
gets better and more children are crossing. He talked to the Chief of
Police about getting our Community Service Officers out there to finish out the
school year until the permanent signal can be installed. The Chief agreed.
City Manager stated the results
of the traffic report would be brought back to Council for a formal
processing. They do want to get the design started; however,
because it is a long process they want to get it accomplished as soon as
possible. This information was sprung on the PTO without much notice and
City staff did not get a chance to go to one of their PTO meetings to present
this to everyone.
Paula Brungardt, 1114 East 52nd
Street, stated she is the Meadowlark Elementary PTO President. The
crossing issue has been brought up at every one of their PTO meetings for the
past two years. Unfortunately, they have not had an opportunity to
discuss these latest developments at their meeting. She attended this
Council meeting in order to answer questions about what they have discussed in
the past, but stated there has been no action or voting by the PTO on what they
would like to see done. The next PTO meeting is scheduled for November
20th. Ms. Brungardt stated they do not have a lot of walkers during the
winter months, especially in the mornings. She believed that having a CSO
there in the afternoon would be wonderful. She believed that some parents
might still request the temporary signal, stating that you cannot put a price
on safety. The vote will be taken with the group at their November 20th
meeting. The general consensus has been that parents want a traffic
signal there, but what to do in the meantime is what needs to be
discussed.
VIII.
ADJOURN
Moved by Lear seconded by Buschkoetter
that Council adjourn at 8:51 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