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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:

  1. the applicant is fit, willing, and able to properly provide the service proposed within the city, village, or county where the premises described in the application are located;
  2. the applicant can conform to all provisions, requirements, rules, and regulations adopted pursuant to the Nebraska Liquor Control Act;
  3. 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
  4. 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