Kearney, Nebraska

April 10, 2007

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 April 10, 2007, in the Council Chambers at City Hall.  Present were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Bruce Lear, and Bob Lammers. Absent: None.  Michael 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: Neal Lewis, Scott Hayden, Anita Case, Steve Case, Trenton Snow, Paul Brungardt, Mitch Humphrey, Kirby Andersen, Rhonda Anderson, Jim Andersen, Mark Andersen, Jeff Andersen, Jeff Sikes, Kent Cordes, Chris Miller, Craig Bennett, Jacque Haupt, Steve England, Lynne Heiden, Roger Jasnoch, Greg Shea, Terry Clauff, Steve Toth, Reva VandeVoorde, Steve Craig, Paul Jackson, Paul Wice from KGFW Radio, Mike Konz from Kearney Hub.

 

Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being attached to these minutes.  Advance notice of the meeting was also given to the City Council and a copy of their acknowledgment or receipt of such notice is attached to these minutes.  Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and City Council.  All proceedings hereafter shown were taken while the meeting was open to the attendance of the public.

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

A minute of silent prayer was taken.

 

PLEDGE OF ALLEGIANCE

 

Two Boy Scouts from Troop 158 led the Council members and audience in the Pledge of Allegiance.

 

ANNOUNCEMENT

 

Mayor Clouse 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.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING – 1815 UNIVERSITY DRIVE

 

Public Hearings 1 and 2 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Paul Brungardt from Brungardt Engineering (Applicant) for Norman Dean Smith (Owner) to rezone from “District R-3, Urban Residential Multi-Family District” to “District R-3/PD, Urban Residential Multi-Family District/Planned Development Overlay District” property described as Lot 8, Country Club Plaza Subdivision to the City of Kearney, Buffalo County, Nebraska (1815 University Drive). 

 

Staff recommended approval of the rezoning to R-3/PD and further recommends approval of the Development Plans including the two requested deviations as presented. Planning Commission recommended approval of the rezoning, the deviations and the Revised Development Plans subject to compliance with the following conditions: (1) The proposed layout is within specified limits for maximum impervious coverage and minimum open space requirements. (2) Total floor area is 7,888 square feet. (3) A complete Landscape Plan has been provided. (4) The applicant and/or owner shall connect to the existing eight-inch sanitary sewer in University Drive Circle which will require two pavement cuts with two services per cut to serve the four units. (5) Fire hydrant locations are acceptable. (6) Site lighting is provided over the garage doors. (7) Erosion and Sediment Control Plans have been provided. (8) Adequate parking at the rate of two spaces per unit as specified by the City Code has been provided. (9) No stormwater management is required; storm flows will follow existing drainage patterns to University Drive. (10) Proposed sidewalks are shown on the plans. (11) The street sideyard setback has been reduced from the required 25 feet to 15 feet on both the east and west sides of the lot. (12) Code requires a minimum five-foot offset for each 100 feet of façade with the offset protruding or receding from the main wall. On one side, this proposal shows a five‑foot wide band of brick the entire height of the façade, but only protruding the depth of about 12 inches. On the other side, the garages are indented five feet on the ground floor, but the second story overhangs them. The five-foot indentation is necessary to allow enough room for two cars to park, one in the garage and one behind, without extending into the sidewalk or the street.  (13) A deviation from the offset provision is still required. (14) The applicant shall wrap the brick wainscoting around the entire length of the south façade of the structure.

 

The applicant is requesting review and approval of Development Plans for a townhouse development located at 1815 University Drive. This project was before the Planning Commission in February when it was continued for one month to the March meeting. The developer was requesting four code deviations at the time and Planning Commission encouraged further research to eliminate some of the deviations to bring the project closer to compliance with zoning requirements.

 

The property is currently zoned Urban Residential Multi‑Family District (Medium Density) but staff has recommended that the applicant submit Development Plans under planned district regulations due to requested deviations from the standard application of the Code. This effectively requires a planned district and the zoning request becomes R-3/PD. The plans have been revised and the number of requested deviations has been reduced from four to two, as follows:

1)       A request to reduce the street side yard setback from the required 25 feet to 15 feet on both the east and west sides of the lot. 

2)       Code requires a minimum five-foot offset for each 100 feet of façade with the offset protruding or receding from the main wall. On one side, this proposal shows a five‑foot wide band of brick the entire height of the façade, but only protruding the depth of about 12 inches. On the other side, the garages are indented five feet on the ground floor, but the second story overhangs them. The five-foot indentation is necessary to allow enough room for two cars to park, one in the garage and one behind, without extending into the sidewalk or the street.  A deviation from the offset provision is still required.

 

The size and bulk of the proposed building seem comparable to existing development around it. By reducing the density from five to four dwelling units the project fits better than it did. Staff has reviewed the Development Plans and offers the following comments:

a)       The proposed layout is within specified limits for maximum impervious coverage and minimum open space requirements.

b)       Total floor area is 7,888 square feet.

c)       A complete Landscape Plan is provided.

d)       The sanitary sewer connection is proposed in University Drive. Staff prefers connection to the existing eight-inch sewer in University Drive Circle. This will require two pavement cuts with two services per cut to serve the four units.

e)       Fire hydrant locations are acceptable.

f)         Site lighting is provided over the garage doors.

g)       Erosion and Sediment Control Plans have been provided.

h)       Adequate parking at the code specified rate of two spaces per unit is provided.

i)         No stormwater management is required. Storm flows will follow existing drainage patterns to University Drive.

j)         Proposed sidewalks are shown on the plans.

 

The developer has agreed to comply with item d above and will connect to the sanitary sewer at this location.

 

Paul Brungardt from Brungardt Engineering presented this matter to the Council. This project is located on the north side of University Drive and northwest of the UNK Campus.  University Drive Circle wraps around Lot #8.  Currently, this is zoned as R-3 which has some setback requirements.  Since this is a public street, 25-foot is required on each side and 25-foot front yard and 25-foot rear yard setbacks.  This lot is 70X157 feet.  If they go with the 25-foot setbacks, the building can only be 20-foot wide, which is not sufficient.  Their request is to rezone this back to R-3 PD, which would give them the deviation from the 25-foot side yard setback to a 15-foot side yard setback.  This would allow the building to be 40X105 foot.  They will maintain a 25-foot front yard setback and a 25-foot back yard setback.  The driveway will open onto the east side of University Drive.  There will be four units in this system and the backdoors will open to the west.  The general facilities around this complex are all condominiums, which handles student and faculty needs for UNK.  They will connect to the sanitary sewer line that is along the west side and will tap into the water in the area. 

 

The buildings consists of a two-story structure with a garage on the first floor and will be setback five feet which will allow for two cars to park in the drive and not impede onto the sidewalk.  The living room and kitchen/dining rooms are also on the first floor. The second floor consists of two bedrooms, one over the garage and one on the back side with walk-in closets and their own bathroom facilities. 

 

On the front side of the structure, they will maintain a shingled roof system with a 4-12 pitch roof, front brick façade that will extend up and over the main windows to the roof.  The backside will continue a wainscot brick façade all the way across which meets the 35 percent minimum requirement.  The north side will be vinyl siding and the brick façade will continue on the south side.

 

A landscaping plan was presented at Planning Commission consisting of two trees on the south edge and ornamental trees across the front and back.  Mr. Brungardt stated that 13 of the 14 requirements were addressed before going to Planning Commission and are now part of the plans.  The only one that was not included is extending that wainscot brick façade across the south side which they will do because it can be seen from University Drive.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lammers to close the hearing and approve the Application submitted by Paul Brungardt from Brungardt Engineering (Applicant) for Norman Dean Smith (Owner) to rezone from “District R-3, Urban Residential Multi-Family District” to “District R-3/PD, Urban Residential Multi-Family District/Planned Development Overlay District” property described as Lot 8, Country Club Plaza Subdivision to the City of Kearney, Buffalo County, Nebraska (1815 University Drive). Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

DEVELOPMENT PLANS FOR TOWN HOMES AT 1815 UNIVERSITY DRIVE

 

Mayor Clouse opened the public hearing on the Application submitted by Paul Brungardt from Brungardt Engineering (Applicant) for Norman Dean Smith as Trustee of The Norman Dean Smith 1990 Trust (Owner) for Planned District Development Plan Approval for the construction of town homes on property zoned “District R-3/PD, Urban Residential Multi-Family District/Planned Development Overlay District” and described as Lot 8, Country Club Plaza Subdivision to the City of Kearney, Buffalo County, Nebraska (1815 University Drive) and to consider approval of Resolution No. 2007-50.

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Lear to close the hearing and approve the Application submitted by Paul Brungardt from Brungardt Engineering (Applicant) for Norman Dean Smith as Trustee of The Norman Dean Smith 1990 Trust (Owner) for Planned District Development Plan Approval for the construction of town homes on property zoned “District R-3/PD, Urban Residential Multi-Family District/Planned Development Overlay District” and described as Lot 8, Country Club Plaza Subdivision to the City of Kearney, Buffalo County, Nebraska (1815 University Drive) and approve Resolution No. 2007-50 subject to compliance with the following conditions: (1) The proposed layout is within specified limits for maximum impervious coverage and minimum open space requirements. (2) Total floor area is 7,888 square feet. (3) A complete Landscape Plan has been provided. (4) The applicant and/or owner shall connect to the existing eight-inch sanitary sewer in University Drive Circle which will require two pavement cuts with two services per cut to serve the four units. (5) Fire hydrant locations are acceptable. (6) Site lighting is provided over the garage doors. (7) Erosion and Sediment Control Plans have been provided. (8) Adequate parking at the rate of two spaces per unit as specified by the City Code has been provided. (9) No stormwater management is required; storm flows will follow existing drainage patterns to University Drive. (10) Proposed sidewalks are shown on the plans. (11) The street sideyard setback has been reduced from the required 25 feet to 15 feet on both the east and west sides of the lot. (12) Code requires a minimum five-foot offset for each 100 feet of façade with the offset protruding or receding from the main wall. On one side, this proposal shows a five‑foot wide band of brick the entire height of the façade, but only protruding the depth of about 12 inches. On the other side, the garages are indented five feet on the ground floor, but the second story overhangs them. The five-foot indentation is necessary to allow enough room for two cars to park, one in the garage and one behind, without extending into the sidewalk or the street.  (13) A deviation from the offset provision is still required. (14) The applicant shall wrap the brick wainscoting around the entire length of the south façade of the structure. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-50

 

            WHEREAS, Paul Brungardt from Brungardt Engineering (Applicant) for Norman Dean Smith as Trustee of The Norman Dean Smith 1990 Trust (Owner) has applied for Planned District Development Plan Approval for the construction of town homes on property zoned “District R-3/PD, Urban Residential Multi-Family District/Planned Development Overlay District” and described as Lot 8, Country Club Plaza Subdivision to the City of Kearney, Buffalo County, Nebraska (1815 University Drive).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Paul Brungardt from Brungardt Engineering (Applicant) for Norman Dean Smith as Trustee of The Norman Dean Smith 1990 Trust (Owner) for Planned District Development Plan Approval for the construction of town homes on property zoned “District R-3/PD, Urban Residential Multi-Family District/Planned Development Overlay District” and described as Lot 8, Country Club Plaza Subdivision to the City of Kearney, Buffalo County, Nebraska (1815 University Drive) be approved subject to compliance with the following conditions:

1.             The proposed layout is within specified limits for maximum impervious coverage and minimum open space requirements.

2.             Total floor area is 7,888 square feet.

3.             A complete Landscape Plan has been provided.

4.             The applicant and/or owner shall connect to the existing eight-inch sanitary sewer in University Drive Circle. This will require two pavement cuts with two services per cut to serve the four units.

5.             Fire hydrant locations are acceptable.

6.             Site lighting is provided over the garage doors.

7.             Erosion and Sediment Control Plans have been provided.

8.             Adequate parking at the rate of two spaces per unit as specified by the City Code has been provided.

9.             No stormwater management is required. Storm flows will follow existing drainage patterns to University Drive.

10.         Proposed sidewalks are shown on the plans.

11.         The street sideyard setback has been reduced from the required 25 feet to 15 feet on both the east and west sides of the lot.

12.         Code requires a minimum five-foot offset for each 100 feet of façade with the offset protruding or receding from the main wall. On one side, this proposal shows a five‑foot wide band of brick the entire height of the façade, but only protruding the depth of about 12 inches. On the other side, the garages are indented five feet on the ground floor, but the second story overhangs them. The five-foot indentation is necessary to allow enough room for two cars to park, one in the garage and one behind, without extending into the sidewalk or the street. 

13.         A deviation from the offset provision is still required.

14.         The applicant shall wrap the brick wainscoting around the entire length of the south façade of the structure.

            PASSED AND APPROVED THE 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

DEVELOPMENT PLANS FOR SURFACE PARKING EXPANSION FOR COMMERCIAL FACILITY AT 5012 3RD AVENUE

 

Mayor Clouse opened the public hearing on the Application submitted by Paul Brungardt from Brungardt Engineering (Applicant) for V‑100, LLC (Owner) for Revised Planned District Development Plan Approval for the construction of surface parking expansion for a commercial facility on property zoned “District C‑2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 2, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5012 3rd Avenue) and to consider approval of Resolution No. 2007-51.

 

Staff recommended approval of the Revised Development Plans subject to resolving the impervious coverage issue and correcting the site plan deficiencies. Planning Commission recommended approval subject to compliance with the following conditions: (1) Handicapped parking stalls shall be provided as required by Code. (2) Fifteen Caneart Juniper trees shall be planted on the west property line as shown on the attached plan at a minimum size of five to six feet in height as measured from the top of the rootball to the top of the central leader. (3) Four trees along the east side of the building shall be relocated on site to accommodate the proposed parking expansion as shown on the attached Plan. (4) There are plant specimens missing as indicated on the attached plan; the relocated trees can be planted in these locations and any other missing plants shall be installed. (5) The trash enclosure at the southwest corner of the development shall be constructed as proposed in the original development plan approval and that the existing trash containers located on the west side be moved into the enclosure. (6) The trash containers located at the northwest corner of the development be relocated to the proposed trash enclosure in Phase II immediately after construction of Phase II. (7) All restaurant grease containers shall be located inside an enclosure.

 

The applicant is requesting review and approval of Revised Development Plans for additional surface parking at Vista Pointe Mall to meet Code requirements for the remaining unoccupied floor space. Apparently, one of the existing businesses is seeking to expand and two new businesses would like to locate in the strip mall and more parking is required. The property is zoned C-2/PD.  35 new parking stalls are proposed bringing the total from 191 existing to 226 proposed.  The addition of the 35 parking spaces will help to accommodate additional tenants in the mall. Restaurants have a denser parking ratio by Code than commercial retail and the amount of floor space dedicated to restaurants as opposed to other uses can impact parking availability significantly. It is the developer’s choice as to who the tenants of the floor space may be, but permits are issued based on parking availability. It is possible that purchase of additional land may be required to build enough parking to accommodate the build out of the second phase of this project. The maximum allowable percentage of impervious cover in this zoning district is 80%. The proposal as shown has 83.7% impervious cover. There are three possible solutions to address this issue.

 

1)       Grant a deviation from Code requirements to allow the 83.7% with the understanding that future phases will be designed and constructed such that the overall project, when fully developed, will comply with the 80% maximum.

2)       Reduce the area of proposed paving so that it complies with the 80% maximum.

3)       Add additional trees or additional green area to compensate for the 3.7% overage.

 

The Planning Commission discussed these options thoroughly.  It seems there is the “chicken or the egg” problem here.  Planning Commission is concerned that the second phase of the project remains online so it can be completed and the impervious coverage ratio can be brought into compliance.  However, the owner cannot begin the second phase until all tenant space in the first phase is fully rented, and in order to do so the owner needs the 3.7% deviation granted.  Planning Commission decided to allow the deviation on a 7-1 split vote with the consideration that the impervious coverage discrepancy will be resolved when the second phase of the project is constructed.   

 

In addition, there are several on-site construction requirements based on the approved Development Plans for Phase One that have never been installed, or are improperly constructed.  Three memos are attached outlining these deficiencies as follows:

 

1)       Trash enclosures, dumpsters, recycling containers and grease containers.

2)       Handicap parking.

3)       Landscaping.

 

Staff recommends that all of these deficiencies be corrected and that the additional parking be added as shown on the plans.  No building permits to remodel the remaining retail bays will be issued until all of these requirements are met.

 

Paul Brungardt from Brungardt Engineering presented this matter to the Council. Vista Pointe is located on 3rd Avenue and south of 48th Street.  At the current time, the parking lot for this first phase of this site is at 78.3 percent.  City Codes say that for a C-2 zoned property, the maximum of impervious area on any given site is up to 80 percent.  The previous owners originally designed this complex for one or possibly two restaurants.  There are three restaurants open there currently.  At the present time, there is about 8,500 square feet left that is undeveloped.  The new owners are unable to lease it out because there is no more parking available that is required.  The request is to expand the parking lot for Phase I and give the new owners the opportunity to continue to lease out this fine facility and have it grow.  There are approximately 191 stalls currently provided on this site. Mr. Brungardt gave a breakout of parking for individual businesses: El Petrero needs 59 stalls, She’s Smitten needs 10 parking stalls, Sylvan Learning Center needs 8 stalls, Bangs need 12, Schwezer’s needs 28 stalls, Mongolian Grill needs 26 stalls and Jersey’s Sports Bar needs 49 stalls.  Every stall there is presently accounted for. 

 

In their plan, they did not just look at adding more parking, but also tried to minimize the amount of impact that this added parking will have on this site.  They have expanded the green space on the north island area so they do not restrict any of the turning radiuses or traffic flows.  The most significant issue was they added parking space where there was originally green space.  They took out the sidewalk on the back side of the building and put landscaped green space in there.  After making these changes, they came up with an impervious area of 83.4 percent, so they are asking for a variance of 3.4 percent.  If they could have possibly gotten it down to 80 percent they would have done so.  They are as tight as they can get to provide enough parking so the new owners can lease out the remaining spots.  He assured the Council that if they could have figured a way to get it to 80 percent, they would have.  Part of the agreement they made with the Planning Commission was to guarantee that in Phase II of this project, that they would be under the 80 percent for parking as required by City Code.  The owners guarantee included that once they can get these three vacancies leased, then they are going to purchase Phase II.  Mr. Brungardt stated these three areas will be leased to retail only, no more restaurants. The numbers are based on that scenario at this time.

 

Mr. Brungardt stated that the provision for landscaping on the west and east sides will be done and the current owner will put in the dumpsters that were previously designed, but had not been purchased. 

 

City Manager Michael Morgan suggested that staff not issue any additional building permits to these owners until those items are completed. The items that were mentioned should have been completed two years ago.  This is an opportunity to get those things done with new ownership.  This is a planned development district and there are several deficiencies. 

 

Mr. Morgan stated that completion of the seven conditions were City staff’s position.  Mr. Brungardt stated with Council’s approval, they will be working on the parking lot modifications, landscaping the exterior features and will take care of the dumpster issue before any more developments occur. 

 

Mayor Clouse asked if the points of egress were toward Pane Bello and Office Max.  He believed this would be a lot of vehicles trying to get out if there were an emergency.  Mr. Brungardt responded they had not changed the points of egress from the original plan.  If anything they have helped the traffic flow slightly by getting a full circulation around the building, where before it was all green space.  He gave his assurance that in Phase II, egress onto 48th Street and greenspace and traffic flow has been taken into consideration.

 

Council member Buschkoetter stated that he believes the new owners will make a good faith effort to meet all of these conditions.  However, how do you make sure they do what they say they will? With a Conditional Use Permit, it can be revoked which is not the case here.  City Manager responded that many communities use temporary certificates of occupancy and when the conditions are met they pull the certificates. Kearney needs to do a better job of post inspections on these major developments to make sure the development requirements are met.  City staff will be doing this in the future and reporting to the Council. Since this project was inherited, City staff understood the difficulties that were associated with it.  This happens frequently with these “white box” developments.  They start out as all retail and then someone recognizes the need for a restaurant and that creates a difficult parking situation.  This is a rather unique circumstance and will get resolved. 

 

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 Paul Brungardt from Brungardt Engineering (Applicant) for V‑100, LLC (Owner) for Revised Planned District Development Plan Approval for the construction of surface parking expansion for a commercial facility on property zoned “District C‑2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 2, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5012 3rd Avenue) and approve Resolution No. 2007-51 subject to compliance with the following conditions: (1) Handicapped parking stalls shall be provided as required by Code. (2) Fifteen Caneart Juniper trees shall be planted on the west property line as shown on the attached plan at a minimum size of five to six feet in height as measured from the top of the rootball to the top of the central leader. (3) Four trees along the east side of the building shall be relocated on site to accommodate the proposed parking expansion as shown on the attached Plan. (4) There are plant specimens missing as indicated on the attached plan; the relocated trees can be planted in these locations and any other missing plants shall be installed. (5) The trash enclosure at the southwest corner of the development shall be constructed as proposed in the original development plan approval and that the existing trash containers located on the west side be moved into the enclosure. (6) The trash containers located at the northwest corner of the development be relocated to the proposed trash enclosure in Phase II immediately after construction of Phase II. (7) All restaurant grease containers shall be located inside an enclosure. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-51

 

            WHEREAS, Paul Brungardt from Brungardt Engineering (Applicant) for V-100, LLC (Owner) has applied for Revised Planned District Development Plan Approval for the construction of surface parking expansion for a commercial facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 2, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5012 3rd Avenue).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Paul Brungardt from Brungardt Engineering (Applicant) for V-100, LLC (Owner) for Revised Planned District Development Plan Approval for the construction of surface parking expansion for a commercial facility on property zoned “District C-2/PD, Community Commercial District/ Planned Development Overlay District” and described as Lot 1 of Block 2, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5012 3rd Avenue) be approved subject to compliance with the following conditions: (1) handicapped parking stalls shall be provided as required by Code; (2) Fifteen Caneart Juniper trees shall be planted on the west property line as shown on the attached plan at a minimum size of five to six feet in height as measured from the top of the rootball to the top of the central leader; (3) four trees along the east side of the building shall be relocated on site to accommodate the proposed parking expansion as shown on the attached Plan; (4) there are plant specimens missing as indicated on the attached plan; the relocated trees can be planted in these locations and any other missing plants shall be installed; (5) the trash enclosure at the southwest corner of the development shall be constructed as proposed in the original development plan approval and that the existing trash containers located on the west side be moved into the enclosure (6) the trash containers located at the northwest corner of the development be relocated to the proposed trash enclosure in Phase II immediately after construction of Phase II; and (7) all restaurant grease containers shall be located inside an enclosure.

            PASSED AND APPROVED THE 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

REZONING – SOUTH OF 60TH STREET AND EAST OF 17TH AVENUE

 

Public Hearings 4, 5 and 6 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Kent Cordes from Miller & Associates (Applicant) for D.T. Development, Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density) District” property described as a tract of land being part of the Southeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., containing 13.91 acres, more or less, Buffalo County, Nebraska (south of 60th Street and east of 17th Avenue).

 

Staff recommended approval of the vacation, rezoning, subdivision plats, and annexation subject to the listed conditions. Planning Commission recommended approval subject to compliance with the following conditions: (1) The street labeled as 8th Avenue on the Preliminary and Final Plat shall be labeled 6th Avenue. (2) Grades for proposed streets shall be provided. (3) The private drive in Block 1 shall be labeled 5th Avenue Place. (4) A 20-foot wide sanitary sewer easement is required between Lots 2 and 3, Block 2 and shall be shown on the plats. (5) The final plat shall correctly indicate the utility easement across Lot 5 of Block 2 is 20 feet wide. (6) 5th Avenue Place shall be dedicated as a utility easement since water mains and storm sewer must go in the private drive. (7) A Homeowner’s Association shall be formed before the sale of any property takes place.

 

The applicant is requesting approval of the second phase for a mixed-use subdivision located west of 4th Avenue, north of 56th Street, and east of 30th Avenue containing approximately 24.04 acres divided into 13 residential lots. Planning Commission approved the original Preliminary Plat for this project on November 17, 2006. The preliminary plat established the road layout and configuration of the lots and blocks including outlots to convey storm drainage for some 550 acres.   28.17 acres on the east end of the tract was rezoned and final platted in June 2006. This was the first parcel of the overall development to begin construction of single‑family homes.  Now the developer has made some adjustments to some of the lots in this area and Planning Commission approved the revised Preliminary Plat and accompanying Final Plat at the meeting last month on March 16.

 

Block 2, Block 3, Block 4, Outlot A, Outlot C, 6th Avenue and 59th Street Place must be vacated so that the land can be replatted as Spruce Hollow Estates 2nd Addition.

 

Approximately 13.91 acres of the land shown on the subdivision plat must be rezoned from Agricultural to Urban Residential Single-Family Dwelling District (low density).  The remainder was previously rezoned to Urban Residential Single-Family Dwelling District (low density).  The proposed rezoning is in conformance with the Comprehensive Development Plan of the City of Kearney. 

 

The Preliminary and Final Plat for Spruce Hollow Estates 2nd Addition consist of 13 residential lots and an outlot on 24.04 acres. The Preliminary Plat was approved by Planning Commission on March 16, 2007. A Public Works Plan has been submitted. Staff has reviewed the submittal and offers the following comments:

 

a)       The street labeled as 8th Avenue on the Preliminary and Final Plat should be labeled 6th Avenue.

b)       Grades for proposed streets must be provided.

c)       A Subdivision Agreement is attached to address improvement financing and maintenance of common areas and street medians.

d)       The private drive in Block 1 should be labeled 5th Avenue Place.

e)       A twenty-foot wide sanitary sewer easement is required between Lot 2 and Lot 3, Block 2.  The easement shall be shown on the plats.

f)         There is a discrepancy between the Public Works Plan and the Final Plat regarding a utility easement across Lot 5, Block 2. The Public Works Plan shows it correctly as 20 feet in width but the Final Plat shows it as ten feet wide. The plat shall be corrected to show the easement 20 feet wide.

g)       Staff suggests that 5th Avenue Place be dedicated as a utility easement since water mains and storm sewer must go in the private drive.

h)       The signature block incorrectly identifies the Mayor as Galen D. Hadley – should be Stanley A. Clouse.

 

The developer has agreed to the above listed conditions and the plans have been revised to address these concerns.

 

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.

 

Kent Cordes, from Miller & Associates, presented this matter to the Council. The project is located north of 56th Street between 17th Avenue and 4th Avenue.  The Final Plat has previously been approved for Spruce Hollow First Addition which has been planned for low-density residential.  This development plan has gone through Planning Commission and a preliminary plat tied into the existing Spruce Hollow First Addition.  A portion of this area is in a floodplain. The subdivision is going through a process of a conditional letter map revision for the floodplain commission. There was some concern at the Planning Commission of having lots in this floodplain area.  Although it was allowed, the developer elected to go back and look at this layout again. To potentially save both infrastructure costs and protecting the floodplain from development within it, the floodplain area has been platted as an outlot. The lots plotted are all outside that floodplain boundaries.  This required fewer lots, but larger size lots (½ acre to a little over an acre).  This will be a little more upscale development and will match the size of lots planned around 5th Avenue Place.

 

Mr. Cordes stated it was decided that a homeowners association should be created before any of the lots were sold because there will be a lot of green space to maintain and some private drives that will have to be maintained by them.  This was included in the subdivision agreement that a homeowners association would be created prior to the sale of any lots. There is no plan to put a lake in that floodplain area.  On the areas that have been previously platted, there is an old farm pond and a dam, which is all planned as green space at this time.  There are some stringent regulatory issues with actual lakes because of the “no net depletions” in the Platte River basin.  Approvals for lakes are difficult to get and are time consuming and rather expensive.  The developer would like some amenities that they are going to try to achieve with some green space in lieu of actual lakes.       

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Clouse to close the hearing and approve the Application submitted by Kent Cordes from Miller & Associates (Applicant) for D.T. Development, Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density) District” property described as a tract of land being part of the Southeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., containing 13.91 acres, more or less, Buffalo County, Nebraska (south of 60th Street and east of 17th Avenue). Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

FINAL PLAT FOR SPRUCE HOLLOW ESTATES SECOND

 

Mayor Clouse opened the public hearing on the Application submitted by Kent Cordes from Miller & Associates (Applicant) for D.T. Development, Inc. (Owner) for final plat and Subdivision Agreement approval for “SPRUCE HOLLOW ESTATES SECOND” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Blocks 2, 3, 4, Outlot “A”, Outlot “C”, 6th Avenue and 59th Street Place all in Spruce Hollow Estates, an addition to the City of Kearney (to be vacated) AND a tract of land being part of the Southeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., containing 24.04 acres, more or less, all located in Buffalo County, Nebraska (south of 60th Street and east of 17th Avenue) and to consider approval of Resolution No. 2007-52.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Kearney to close the hearing and approve the Application submitted by Kent Cordes from Miller & Associates (Applicant) for D.T. Development, Inc. (Owner) for final plat and Subdivision Agreement approval for “SPRUCE HOLLOW ESTATES SECOND” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Blocks 2, 3, 4, Outlot “A”, Outlot “C”, 6th Avenue and 59th Street Place all in Spruce Hollow Estates, an addition to the City of Kearney (to be vacated) AND a tract of land being part of the Southeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., containing 24.04 acres, more or less, all located in Buffalo County, Nebraska (south of 60th Street and east of 17th Avenue) and approve Resolution No. 2007-52 subject to compliance with the following conditions: (1) The street labeled as 8th Avenue on the Preliminary and Final Plat shall be labeled 6th Avenue. (2) Grades for proposed streets shall be provided. (3) The private drive in Block 1 shall be labeled 5th Avenue Place. (4) A 20-foot wide sanitary sewer easement is required between Lots 2 and 3, Block 2 and shall be shown on the plats. (5) The final plat shall correctly indicate the utility easement across Lot 5 of Block 2 is 20 feet wide. (6) 5th Avenue Place shall be dedicated as a utility easement since water mains and storm sewer must go in the private drive. (7) A Homeowner’s Association shall be formed before the sale of any property takes place. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-52

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “SPRUCE HOLLOW ESTATES SECOND” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being Lots 1 through 6 inclusive of Block 2; Lots 1 through 5 inclusive of Block 3;  Lot 1 of Block 4; Outlot “A”, Outlot “C”, 6th Avenue and 59th Street Place, all in Spruce Hollow Estates, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) AND a tract of land being part of the Southeast Quarter all located in Section 23, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows:  Referring to the northwest corner of the Southeast Quarter of said Section 23 and assuming the west line of said Southeast Quarter as bearing S00°24’34”E and all bearings contained herein are relative thereto; thence S00°24’34”E and on said west line a distance of 510.03 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the south line of 60th Street, a street in the City of Kearney, Buffalo County, Nebraska; thence S00°24’34”E and continuing on said west line of distance of 7.0 feet; thence S08°19’30”E a distance of 105.14 feet; thence S03°38’02”E a distance of 134.95 feet; thence S26°08’42”E a distance of 115.79 feet; thence S02°17’44”E a distance of 77.32 feet; thence S26°18’23”E a distance of 120.77 feet; thence S 29°47’19”E a distance of 157.04 feet; thence S04°47’18”W a distance of 156.72 feet; thence S38°29’30”W a distance of 184.11 feet; thence S77°20’11”W a distance of 76.61 feet to the west line of said Southeast Quarter; thence S00°24’34”E on said west line a distance of 84.41 feet to the south line of Block 2, Spruce Hollow Estates (now vacated and if extended west); thence N89°39’E and on said south line (if extended west)  a distance of 1254.19 feet to the southeast corner of Lot 5, Block 2 in said Spruce Hollow Estates (now vacated); and on the west line of Lot 1, Buffalo Commons Retirement Village, an addition to the City of Kearney, Buffalo County, Nebraska; thence N00°23’31”E on the east line of Block 2, Spruce Hollow Estates (now vacated) and on the west line of said Buffalo Commons Retirement Village and the west line of Lot 1 of Block 3, North Acre Third, an addition to the City of Kearney, Buffalo County, Nebraska, a distance of 265.25 feet; thence N08°45’41”E and continuing on said east line of said Block 2, Spruce Hollow Estates (now vacated) and the west line of said Block 3, North Acre Third a distance of 282.85 feet; thence N07°20’15”W continuing on the aforesaid line a distance of 13.07 feet to the northeast corner of Lot 1 of Block 2, Spruce Hollow Estates (now vacated) and the northwest corner of said Lot 1, Block 3, North Acre Third, said point being on the south line of said 60th Street; thence N63°29’26”W on the north line of said Block 2, Spruce Hollow Estates (now vacated) and on the south line of said 60th Street a distance of 129.51 feet; thence N60°23’29”W on the north line of said Block 2 and Block 3, Spruce Hollow Estates (now vacated) and on the south line of said 60th Street a distance of 509.95 feet to the northwest corner of Lot 1 of Block 3, Spruce Hollow Estates (now vacated); thence N29°36’31”E and continuing on the south line of said 60th Street a distance of 7.0 feet; thence N60°23’29”W continuing on said south line a distance of 266.01 feet to the point of curvature; thence on a 467.0 foot radius curve to the left and continuing on said south line of 60th Street, forming a central angle of 29°46’13” a distance of 242.65 feet to the point of tangency; thence tangent S89°50’18”W continuing on said 60th Street a distance of 288.37 feet to the place of beginning, containing 24.04 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 subject to compliance with the following conditions: (a) the street labeled as 8th Avenue on the Preliminary and Final Plat shall be labeled 6th Avenue; (b) grades for proposed streets shall be provided; (c) the private drive in Block 1 shall be labeled 5th Avenue Place; (d) a twenty-foot wide sanitary sewer easement is required between Lot 2 and Lot 3, Block 2 and shall be shown on the plats; (e) the final plat shall correctly indicate the utility easement across Lot 5 of Block 2 is twenty feet wide; (f) 5th Avenue Place shall be dedicated as a utility easement since water mains and storm sewer must go in the private drive; and (g) a Homeowner’s Association shall be formed before the sale of any property takes place; 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 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

INCLUDE IN CITY LIMITS OF SPRUCE HOLLOW ESTATES SECOND

 

Mayor Clouse opened the public hearing on the Application submitted by Kent Cordes from Miller & Associates (Applicant) for D.T. Development, Inc. (Owner) for the inclusion into the City limits of “SPRUCE HOLLOW ESTATES SECOND” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Southeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., containing 13.91 acres, more or less, Buffalo County, Nebraska (south of 60th Street and east of 17th Avenue) and to consider approval of Resolution No. 2007-53.

 

There was no one present in opposition to this hearing.

 

Moved by Keraney seconded by Lammers to close the hearing and approve the Application submitted by Kent Cordes from Miller & Associates (Applicant) for D.T. Development, Inc. (Owner) for the inclusion into the City limits of “SPRUCE HOLLOW ESTATES SECOND” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Southeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., containing 13.91 acres, more or less, Buffalo County, Nebraska (south of 60th Street and east of 17th Avenue) and approve Resolution No. 2007-53. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-53

 

            WHEREAS, an Application has been submitted by Kent Cordes from Miller & Associates (Applicant) for D.T. Development, Inc. (Owner) for the inclusion of “SPRUCE HOLLOW ESTATES SECOND” an addition within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northwest corner of the Southeast Quarter of said Section 23 and assuming the west line of said Southeast Quarter as bearing S00°24’34”E and all bearings contained herein are relative thereto; thence S00°24’34”E and on said west line a distance of 510.03 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the south line of 60th Street, a street in the City of Kearney, Buffalo County, Nebraska; thence S00°24’34”E and continuing on said west line of distance of 7.0 feet; thence S08°19’30”E a distance of 105.14 feet; thence S03°38’02”E a distance of 134.95 feet; thence S26°08’42”E a distance of 115.79 feet; thence S02°17’44”E a distance of 77.32 feet; thence S26°18’23”E a distance of 120.77 feet; thence S29°47’19”E a distance of 157.04 feet; thence S04°47’18”W a distance of 156.72 feet; thence S38°29’30”W a distance of 184.11 feet; thence S77°20’11”W a distance of 76.61 feet to the west line of said Southeast Quarter; thence S00°24’34”E on said west line a distance of 84.41 feet to the south line of Block 2, Spruce Hollow Estates, an addition to the City of Kearney, Buffalo County, Nebraska (if extended west); thence N89°39’E and on said south line (if extended west) a distance of 974.42 feet to the southwest corner of Lot 6, Block 2, Spruce Hollow Estates; thence N00°27’16”W on the west line of said Lot 6, Block 2, Spruce Hollow Estates a distance of 204.0 feet to the northwest corner of said Lot 6, Block 2 and on the south line of 59th Street Place, a street in the City of Kearney, Buffalo County, Nebraska; thence S89°39’W on the south line of said 59th Street Place a distance of 239.89 feet to the east line of 6th Avenue, an avenue in the City of Kearney, Buffalo County, Nebraska; thence S00°27’16”E on the east line of said 6th Avenue a distance of 36.0 feet to the south line of Block 3 in said Spruce Hollow Estates (if extended east); thence S89°39’W on the south line of said Block 3 (if extended east) a distance of 210.0 feet to the southwest corner of Lot 5, Block 3 in said Spruce Hollow Estates; thence N00°27’16”W on the west line of said Lot 5, Block 3 distance of 134.5 feet to the southwest corner of Lot 4, Block 3 in said Spruce Hollow Estates; thence N04°28’44”E on the west line of said Lot 4, Block 3 a distance of 163.58 feet to the southwest corner of Lot 3, Block 3 in said Spruce Hollow Estates; thence N23°22’57”E on the west line of said Lot 3, Block 3 a distance of 168.0 feet to the northwest corner of said Lot 3, Block 3; thence N18°52’53”E on the west line of said Block 3 a distance of 20.36 feet to the southwest corner of Lot 2, Block 3; thence N29°36’31”E on the west line of Lots 1 and 2, Block 3 a distance of 275.0 feet to a point on the south line of 60th Street, a street in the City of Kearney, Buffalo County; thence N60°23’29”W on the south line of said 60th Street a distance of 266.01 feet to the point of curvature; thence on a 467.0 foot radius curve to the left and continuing on said south line of 60th Street, forming a central angle of 29°46’13” a distance of 242.65 feet to the point of tangency; thence tangent S89°50’18”W continuing on said 60th Street a distance of 288.37 feet to the place of beginning, containing 13.91 acres, more or less, all located in Buffalo County, Nebraska; and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on April 10, 2007 on the inclusion of “SPRUCE HOLLOW ESTATES SECOND” 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 “SPRUCE HOLLOW ESTATES SECOND” 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 April 10, 2007 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 “SPRUCE HOLLOW ESTATES SECOND” 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 “SPRUCE HOLLOW ESTATES SECOND” 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 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

DEVELOPMENT PLANS FOR MOVIE THEATER COMPLEX AT 5011 2ND AVENUE

 

Mayor Clouse opened the public hearing on the Application submitted by Terry Clauff for Kearney Mall Associates (Applicant and Owner) for Planned District Development Plan Approval for the construction of a movie theater complex on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District and described as Lot 1 of Block 2, Imperial Village Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5011 2nd Avenue, Suite 56) and to consider approval of Resolution No. 2007-54.

 

Staff recommended approval of the Development Plans for this property subject to the conditions listed herein. Planning Commission recommended approval subject to compliance with the following conditions: (1) The existing mall building will be linked to the freestanding theatre with a pedestrian walkway. The walkway should be labeled as such. The existing theatre in the mall will be closed and renovated into a restaurant use. (2) Existing NPPD overhead lines must be rerouted or buried at the developer’s expense. (3) This project is treated as one part of the overall mall “campus”; therefore, parking numbers are for the entire mall property at 1,514 is required and 1,533 are provided. (4) All properties and their current land use and zoning within 200 feet of the proposed site shall be shown. (5) There will be no access to Parklane Drive.  Existing internal mall drives will be rerouted to provide circulation around the theatre building through the parking lot and out to 52nd Street. (6) Dimensions are required on the development plans for internal transportation and circulation systems. (7) Proposed storm drain and area inlets in the new parking lot will collect stormwater and tie into the existing storm drainage system at the mall. The ten-year design storm is retained on site in the sumped parking lot.  Rain events that exceed this intensity will overflow the curb through the landscaped area and into Parklane Drive. (8) The facility can be served by municipal water and sanitary sewer.  Fire hydrants have been provided as required. (9) Handicap stalls that meet ADA requirements must be shown on the plans. (10) A Landscape Plan has been provided. Quantities must be shown on the plant schedule and all proposed plantings be labeled on the plans. A 20-foot bufferyard is shown against adjacent residential properties as required by Code. There is extensive berming proposed on the landscape plan, which will help mitigate the impact of headlights from the patron’s cars that are attending nighttime movies. Said landscaping must be maintained at all times. (11) Submittal satisfies the requirements for location of utilities.  The proposed water and sanitary sewer shall be constructed to City of Kearney standards. (12) The following note must be added to the plans –“All outdoor light fixtures shall be shielded, sharp cut off fixtures.” (13) Spot elevations are not legible and must be submitted. Planned district checklist requires contours showing existing site drainage at two-foot contour intervals and proposed grading at one-foot intervals.

 

The applicant is requesting approval to develop a parcel of land east of the Hilltop Mall for a movie theatre. The proposed use is for a 22,665 square foot eight-screen movie theatre complex. The building will be located towards the east side of the mall property backing to Parklane Drive. There has been some recent press coverage of this project as well as the south theatre project. The property is zoned C-2/PD. 

 

Following is a summary of the development project:

 

a)   The existing mall building will be linked to the freestanding theatre with a pedestrian walkway. The walkway should be labeled as such. The existing theatre in the mall will be closed and renovated into a restaurant use.

b)   Existing NPPD overhead lines must be rerouted or buried at the developer’s expense.

c)   In some aspects of the Development Plan the project is treated as one part of the overall mall “campus.”  Parking numbers are for the entire mall property at 1,514 required and 1,533 provided.

d)   Show all properties and their current land use and zoning within 200 feet of the proposed site.

e)   There will be no access to Parklane Drive.  Existing internal mall drives will be rerouted to provide circulation around the theatre building through the parking lot and out to 52nd Street.

e)   Dimensions are required on the development plans for internal transportation and circulation systems.

f)    Proposed storm drain and area inlets in the new parking lot will collect stormwater and tie into the existing storm drainage system at the mall.   The ten-year design storm is retained on site in the sumped parking lot.  Rain events that exceed this intensity will overflow the curb through the landscaped area and into Parklane Drive.

g)   The facility can be served by municipal water and sanitary sewer.  Fire hydrants are provided as required.

h)   Handicap stalls that meet ADA requirements are not shown on the plans.

i)    A Landscape Plan is provided.  City Planner requested quantities be shown on the plant schedule and all proposed plantings be labeled on the plans.  A 20-foot bufferyard is shown against adjacent residential properties as required by code.  There is extensive berming proposed on the landscape plan, which will help mitigate the impact of headlights from the patron’s cars that are attending nighttime movies.

j)    Submittal satisfies the requirements for location of utilities.  The proposed water and sanitary sewer shall be constructed to City of Kearney standards.     

k)   Add note to plans –“All outdoor light fixtures shall be shielded, sharp cut off fixtures.”

l)    Spot elevations are not legible.  Planned district checklist requires contours showing existing site drainage at two-foot contour intervals and proposed grading at one-foot intervals.

 

The development team has revised the plans to address the above concerns. 

 

This project promises to be an exciting addition to the entertainment choices in Kearney. The tone at Planning Commission was positive, although two of the neighboring property owners expressed concerns about traffic and noise that may be associated with the theatre, especially for late night shows. The theater plan features bufferyards with berming and extensive landscaping to screen vehicle headlights.  The site lighting will be sharp cut-off fixtures.  The theater will also have security staff to address these issues.

 

Terry Clauff, one of the primary owners with an office located at 11506 Nicholas, Suite 200, Omaha, presented this matter to the Council. Kearney Mall Associates has been the owner of the Hilltop Mall since 1984 under their management group, Dial Properties.  The Kearney Mall Associates and Dial Properties are all affiliates of the Dial Companies out of Omaha, Nebraska. Their intent is to build a 22,000 square foot theater on the approximately 3.25 acres that has previously been a green space area. The mall’s intention was for future expansion on this area since the shopping center was originally built.  The shopping center is now in a C-2/PD zone which requires that in the event of extensions, change of use or additions to the shopping center for retail or any freestanding additions must be approved by the City. 

 

Their plans also include the redevelopment of the shopping center. The shopping center industry stays competitive by making changes to fit life style concepts not only in the metro area, but in the middle markets. Owners must constantly be aware of those changes to modernize shopping centers, to invest additional capital and to maintain as much profile to the general customer as possible.  The Cinema Corporation is out of St. Cloud, Minnesota and is a 250 screen theater operation for the Midwest. Cinema Corporation is familiar with the Nebraska area and currently has a downtown Kearney facility and also has facilities in Norfolk and Columbus. 

 

Their new prototype is an 8-screen complex with 1,156 seats which is the proposal for this facility on the east side of Hilltop Mall.  A part of this redevelopment is an open sidewalk that would have some enclosures to it for common pedestrian walkway.  There will be an opening to the mall connecting directly to the theater.  There is substantial parking stall additions that are required, as well as a setback which has been included in the plan.  The purpose of the sidewalk and seating area is to create what they call the “life style concept”. This is common in new developments such as Omaha at the Village Center. The overflow for this theater is on the perimeter of this property, not immediately adjacent to immediate parking areas. 

 

The required burial of the NPPD line will be coordinated by their development team and NPPD.  All utilities required are actually on site.  They have worked with the City staff to locate the sewer, water and storm system so the size and criteria are all within the specifications. 

 

Steve Toth, Vice-President of Dial Properties and Project Manager for this development, stated that all recommendations and conditions have been met since the Planning Commission meeting.The overall campus plan has been adapted with the new requirements as stated by the City which takes into account including individual usage, restaurant, retail or theater.  Due to the construction of the theater and the walkway, they are actually loosing 23 stalls, but adding 195 for a net of 172 parking stalls.  The required amount is 1,514 and they will be providing 1,529.  The highest usage will be the restaurant so they have slated the current theater location of 12,067 square feet as restaurant so they made sure they had enough no matter what the usage of that area would be in the future. 

 

The added lighting will be directed toward the theater.  The cut off optic lighting will be in effect and pointed to their property not the neighborhood.  They will also use berms along Parklane Drive and landscaped islands which will help to block vehicle headlights. They have exceeded the landscaping requirements. The theater group uses pre-cast masonry, up lighting and open plans. They will extend sidewalks and connect to existing sidewalks so they will have a circulated public sidewalk area. The walk way will be colored concrete over the existing drive lane, but will not be raised.  There will be ramped areas with benches and pedestrian lighting for people to sit or wait to be picked up that will connect to the front of the theater building.  There is no drive lane in front of the theater; drop off area will be designated.  If they need fire access, it is possible to jump the curb and go into that area. They have had development meetings with the Fire Department regarding emergencies. 

 

Council member Buschkoetter asked if the water that overflows into Parklane Drive would go across a lot as it goes down the street.  Mr. Toth stated that as soon as it goes over their curb and leaves their property, it goes into the curb system.  There are two curb boxes which have to be accounted for when putting in the sidewalks.  They will make sure they are in compliance with all the new regulations regarding handicapped parking.

 

Mr. Clauff stated they have a 14-state territory. Kearney is one of best middle market shopping centers in their portfolio.  It is one of the few they have that has Old Navy and The Gap, as well as, the larger Herberger’s store and the larger Penny’s store in a middle market.  They think the redevelopment and the life style concept will add more to their customer base. They are looking forward to staying in the market and the partnership.

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Lear to close the hearing and approve the Application submitted by Terry Clauff for Kearney Mall Associates (Applicant and Owner) for Planned District Development Plan Approval for the construction of a movie theater complex on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District and described as Lot 1 of Block 2, Imperial Village Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5011 2nd Avenue, Suite 56) and approve Resolution No. 2007-54 subject to compliance with the following conditions: (1) The existing mall building will be linked to the freestanding theatre with a pedestrian walkway. The walkway should be labeled as such. The existing theatre in the mall will be closed and renovated into a restaurant use. (2) Existing NPPD overhead lines must be rerouted or buried at the developer’s expense. (3) This project is treated as one part of the overall mall “campus”; therefore, parking numbers are for the entire mall property at 1,514 is required and 1,533 are provided. (4) All properties and their current land use and zoning within 200 feet of the proposed site shall be shown. (5) There will be no access to Parklane Drive.  Existing internal mall drives will be rerouted to provide circulation around the theatre building through the parking lot and out to 52nd Street. (6) Dimensions are required on the development plans for internal transportation and circulation systems. (7) Proposed storm drain and area inlets in the new parking lot will collect stormwater and tie into the existing storm drainage system at the mall. The ten-year design storm is retained on site in the sumped parking lot. Rain events that exceed this intensity will overflow the curb through the landscaped area and into Parklane Drive. (8) The facility can be served by municipal water and sanitary sewer.  Fire hydrants have been provided as required. (9) Handicap stalls that meet ADA requirements must be shown on the plans. (10) A Landscape Plan has been provided. Quantities must be shown on the plant schedule and all proposed plantings be labeled on the plans. A 20-foot bufferyard is shown against adjacent residential properties as required by Code. There is extensive berming proposed on the landscape plan, which will help mitigate the impact of headlights from the patron’s cars that are attending nighttime movies. Said landscaping must be maintained at all times. (11) Submittal satisfies the requirements for location of utilities.  The proposed water and sanitary sewer shall be constructed to City of Kearney standards. (12) The following note must be added to the plans –“All outdoor light fixtures shall be shielded, sharp cut off fixtures.” (13) Spot elevations are not legible and must be submitted. Planned district checklist requires contours showing existing site drainage at two-foot contour intervals and proposed grading at one-foot intervals. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-54

 

            WHEREAS, Terry Clauff for Kearney Mall Associates (Applicant and Owner) has applied for Planned District Development Plan Approval for the construction of a movie theater complex on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 2, Imperial Village Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5011 2nd Avenue, Suite 56).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Terry Clauff for Kearney Mall Associates (Applicant and Owner) for Planned District Development Plan Approval for the construction of a movie theater complex on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 2, Imperial Village Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5011 2nd Avenue, Suite 56) be approved subject to compliance with the following conditions:

 

1.             The existing mall building will be linked to the freestanding theatre with a pedestrian walkway. The walkway should be labeled as such. The existing theatre in the mall will be closed and renovated into a restaurant use.

2.             Existing NPPD overhead lines must be rerouted or buried at the developer’s expense.

3.             This project is treated as one part of the overall mall “campus”; therefore, parking numbers are for the entire mall property at 1,514 is required and 1,533 are provided.

4.             All properties and their current land use and zoning within 200 feet of the proposed site shall be shown.

5.             There will be no access to Parklane Drive.  Existing internal mall drives will be rerouted to provide circulation around the theatre building through the parking lot and out to 52nd Street.

6.             Dimensions are required on the development plans for internal transportation and circulation systems.

7.             Proposed storm drain and area inlets in the new parking lot will collect stormwater and tie into the existing storm drainage system at the mall.   The ten-year design storm is retained on site in the sumped parking lot.  Rain events that exceed this intensity will overflow the curb through the landscaped area and into Parklane Drive.

8.             The facility can be served by municipal water and sanitary sewer.  Fire hydrants have been provided as required.

9.             Handicap stalls that meet ADA requirements must be shown on the plans.

10.         A Landscape Plan has been provided. Quantities must be shown on the plant schedule and all proposed plantings be labeled on the plans. A 20-foot bufferyard is shown against adjacent residential properties as required by Code. There is extensive berming proposed on the landscape plan, which will help mitigate the impact of headlights from the patron’s cars that are attending nighttime movies. Said landscaping must be maintained at all times.

11.         Submittal satisfies the requirements for location of utilities.  The proposed water and sanitary sewer shall be constructed to City of Kearney standards.

12.         The following note must be added to the plans –“All outdoor light fixtures shall be shielded, sharp cut off fixtures.”

13.         Spot elevations are not legible and must be submitted. Planned district checklist requires contours showing existing site drainage at two-foot contour intervals and proposed grading at one-foot intervals.

 

            PASSED AND APPROVED THE 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

FINAL PLAT – ESS OF KAY ADDITION

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Ess of Kay, Inc. (Owner) for final plat and Subdivision Agreement approval for “ESS OF KAY ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being a part of Government Lot 4 and accretions thereto in Section 11, Township 8 North, Range 16 West of the 6th P.M., containing 8.05 acres, more or less, Buffalo County, Nebraska (300 3rd Avenue) and to consider approval of Resolution No. 2007-55.

 

Staff recommended approval of the Final Plat and Subdivision Agreement for this property subject to the conditions listed herein.  Planning Commission recommended approval subject to compliance with the following conditions:  (1) The three Emergency Access Easements executed between Ess of Kay, Earl May Seed & Nursery, Lim Hang Khim and Lo Ka Hong, and Apple Fun Center, Inc. shall be filed concurrently with the Subdivision Agreement and Final Plat with the Buffalo County Register of Deeds office; proof of said filing of the Easements shall be provided to the City. (2) The existing north-south 3rd Avenue shall be extended as a public street onto the site and terminated in a cul-de-sac bulb sufficient for large trucks to turn around. An Infrastructure Agreement will address construction of the street through the provisions for developer constructed infrastructure. (3) The facility can be served by municipal water and sanitary sewer.  Fire hydrants shall be provided as required and financing will be covered in the agreement. (4) The required 30-foot wide permanent sanitary sewer easement together with the 50-foot wide temporary construction easement to be dedicated along the north property line shall be shown on the Final Plat.

 

The development team is requesting approval for the Final Plat for Ess of Kay Addition, the subdivision for the eight-screen movie theatre proposed for the former Clyde and Vi’s Campground. Last month the development team submitted the Preliminary Plat and Redevelopment Plans. Planning Commission approved the Preliminary Plat on February 16, 2007 and City Council approved the Redevelopment Plans on March 13.  Staff has reviewed the Final Subdivision Plat and offers the following comments:

 

a)       An executed agreement has been provided between the developer and three adjacent private property owner(s) connecting 4th Street with Lot 1 via a perpetual emergency access easement. This easement provides access to the site for emergency vehicles over and across the private property. The emergency access documentation will be filed concurrently with the Subdivision Agreement and Final Plat at the Buffalo County Register of Deeds office.  Proof of said filing shall be provided to the City.

 

b)   The existing north-south 3rd Avenue will be extended as a public street onto the site and terminated in a cul-de-sac bulb sufficient for large trucks to turn around. An Infrastructure Agreement will address construction of the street through the provisions for developer constructed infrastructure.

 

c)   The facility can be served by municipal water and sanitary sewer.  Fire hydrants will be provided as required and financing will be covered in the agreement.

 

d)   The required 30-foot wide permanent sanitary sewer easement together with the 50-foot wide temporary construction easement to be dedicated along the north property line shall be shown on the Final Plat prior to the Planning Commission meeting.

 

The applicant has revised the plans and will submit the required executed agreements to satisfy the above requirements.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. Viola Pritchard is the current owner of this site, formally known as the Clyde and Vi’s Campground site. Ms. Pritchard has agreed to sell this site to Kearney Cinema which is owned by William Pollack and his group. This will be an 8-plex theater, containing approximately 21,000-22,000 square feet. There is some site prep work in process right now, permits have been granted and the building plans are under review or have been approved.  In the Final Plat approval, they requested to dedicate a little sliver of street right-of-way of the 3rd Avenue corridor so they have the proper turn around access.  At the same time, the Final Plat includes the permanent and temporary easements for future sanitary sewer locations that the City needs or possibly would need to negate the installation of a lift station and make the sewer system better in the long run. 

 

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 from Buffalo Surveying (Applicant) for Ess of Kay, Inc. (Owner) for final plat and Subdivision Agreement approval for “ESS OF KAY ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being a part of Government Lot 4 and accretions thereto in Section 11, Township 8 North, Range 16 West of the 6th P.M., containing 8.05 acres, more or less, Buffalo County, Nebraska (300 3rd Avenue) and approve Resolution No. 2007-55 subject to compliance with the following conditions: (1) The three Emergency Access Easements executed between Ess of Kay, Earl May Seed & Nursery, Lim Hang Khim and Lo Ka Hong, and Apple Fun Center, Inc. shall be filed concurrently with the Subdivision Agreement and Final Plat with the Buffalo County Register of Deeds office; proof of said filing of the Easements shall be provided to the City. (2) The existing north-south 3rd Avenue shall be extended as a public street onto the site and terminated in a cul-de-sac bulb sufficient for large trucks to turn around. An Infrastructure Agreement will address construction of the street through the provisions for developer constructed infrastructure. (3) The facility can be served by municipal water and sanitary sewer. Fire hydrants shall be provided as required and financing will be covered in the agreement. (4) The required 30-foot wide permanent sanitary sewer easement together with the 50-foot wide temporary construction easement to be dedicated along the north property line shall be shown on the Final Plat. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-55

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “ESS OF KAY ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being a part of Government Lot 4 and accretions thereto in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows:  Assuming the east line of said Section 11, Township 8 North, Range 16 West as bearing north and all bearings contained herein are relative thereto; referring to the East Quarter corner of said Section 11; thence south on the east line of said Section 11 a distance of 312.45 feet; thence S89°45’W a distance of 57 feet to the Actual Place of Beginning; thence continuing on the last described course a distance of 196.96 feet; thence S88°30’W a distance of 816.5 feet to a ¾“ gas pipe on the existing northerly high bank of the North Channel of the Platte River; thence downstream along the sinuosities of said northerly high bank S34°19’E a distance of 145.3 feet; thence S11°57’E a distance of 93.7 feet; thence S38°55’E a distance of 63.4 feet; thence S54°49’E a distance of 79.5 feet; thence S73°02’E a distance of 95.5 feet; thence S78°11’E a distance of 89.6 feet; thence S67°45’E a distance of 235.0 feet; thence N69°22’E a distance of 86.1 feet; thence N75°07’E a distance of 143.45 feet; thence N74°50”E a distance of 198.24 feet to a point, said point being 57 feet west of the east line of said Section 11; thence north a distance of 345.2 feet to the place of beginning, containing 8.05 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 subject to compliance with the following conditions:

(1) The three Emergency Access Easements executed between Ess of Kay, Inc. and Earl May Seed & Nursery, Lim Hang Khim and Lo Ka Hong, and Apple Fun Center, Inc. shall be filed concurrently with the Subdivision Agreement and Final Plat with the Buffalo County Register of Deeds office; proof of said filing of the Easements shall be provided to the City.

(2) The existing north-south 3rd Avenue shall be extended as a public street onto the site and terminated in a cul-de-sac bulb sufficient for large trucks to turn around. An Infrastructure Agreement will address construction of the street through the provisions for developer constructed infrastructure.

(3) The facility can be served by municipal water and sanitary sewer.  Fire hydrants shall be provided as required and financing will be covered in the agreement.

(4) The required 30-foot wide permanent sanitary sewer easement together with the 50-foot wide temporary construction easement to be dedicated along the north property line shall be shown on the Final Plat.

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 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

FINAL PLAT – NEW COTTAGE ADDITION

 

Mayor Clouse opened the public hearing on the Application submitted by Trenton Snow (Applicant) for Glenn Epley (Owner) for final plat approval for “NEW COTTAGE ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lots 1, 2, 3, 72, 73, 74, 75, 76, 77, 146, 147, 148, Cottage Addition to the City of Kearney, a portion of 16th Street (to be vacated), a portion of Avenue N (to be vacated), and a portion of Avenue O (to be vacated), all located in Buffalo County, Nebraska (north of 16th Street between Avenue M and Avenue O) and to consider approval of Resolution No. 2007-56.

 

City Staff and Planning Commission recommended approval.

 

The applicant is requesting approval to plat a tract of land consisting of eight lots totaling approximately 1.75 acres located north of 16th Street between Avenue M and Avenue O. The property is zoned Urban Residential Single-Family Dwelling District (Low Density). Several streets and alleys or portions thereof are to be vacated and incorporated into the lot area.

 

Lots 1, 2, 3, 72, 73, 74, 75, 76, 77, 146, 147, and 148 of Cottage Addition must be vacated and combined with the vacated streets and alleys so that the lot lines can be adjusted to create the new subdivision.  The existing lots are narrow 45-foot wide lots that are oriented east west.  The proposed subdivision reorients the new lots in a north-south direction taking access from 16th Street.  In essence, the 12 existing lots will be vacated and replatted into eight new lots.  There is an existing house on proposed Lot 1 and another on proposed Lot 5; both will remain.

 

The following streets and alleys are proposed to be vacated so that the land area contained within can be used for the building lots:

1)       The north seven feet of 16th Street from the east line of Avenue M to the centerline of Avenue O

2)       Avenue N from 16th Street north to the north line of this subdivision.

3)       The west half or 33 feet of Avenue O from 16th Street north to the north line of this subdivision.

4)       Two north-south alleys from 16th Street to the north line of this subdivision.

 

The Preliminary and Final Plat consist of eight lots ranging in size from 15,319 square feet to 8,399 square feet, averaging about 8,700 square feet.  The Preliminary Plat was approved by Planning Commission on March 16, 2007.  There are two existing houses that will remain; one on Lot 1 and one on Lot 5.  Municipal water and sanitary sewer are available in 16th Street.  No Subdivision Agreement or Public Works Plan is necessary for this subdivision.

 

Trenton Snow presented this matter to the Council. This site currently has two houses on it that were in a state of disrepair.  Mr. Epley has renovated both of these houses.  Since Avenue N and Avenue O are unable to be moved to the north, the way the lots of these houses are laid out they cannot be used to their full benefit. Their proposal is to change the lot layouts from running east to west to running north and south. They will be creating eight lots out of the existing 12 lots, including the two houses and keeping with the setback requirements. The infrastructure will come off of Avenue M, down 16th Street and will be connected to City water and sanitary sewer with the new layout of these lots. This will also include vacating both of those streets at this time. Presently, there are no services in the streets they are going to be vacating. 

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Clouse to close the hearing and approve the Application submitted by Trenton Snow (Applicant) for Glenn Epley (Owner) for final plat approval for “NEW COTTAGE ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lots 1, 2, 3, 72, 73, 74, 75, 76, 77, 146, 147, 148, Cottage Addition to the City of Kearney, a portion of 16th Street (to be vacated), a portion of Avenue N (to be vacated), and a portion of Avenue O (to be vacated), all located in Buffalo County, Nebraska (north of 16th Street between Avenue M and Avenue O) and approve Resolution No. 2007-56. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-56

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “NEW COTTAGE ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being Lots 1, 2, 3, 72, 73, 74, 75, 76, 77, 146, 147, 148, Cottage Addition to the City of Kearney, Buffalo County, Nebraska (to be vacated), a portion of 16th Street (to be vacated), a portion of Avenue N (to be vacated), and a portion of Avenue O (to be vacated), and all more particularly described as follows: beginning at the northwest corner of said Lot 1; thence southerly on the west line of said lot (if extended) a distance of 121.0 feet to a point on the south line of the north 7.0 feet of 16th Street; thence easterly on the aforesaid south line a distance of 590.8 feet to a point on the centerline of Avenue O; thence northerly on the aforesaid centerline a distance of 136.2 feet to the north line of Cottage Addition; thence westerly on the aforesaid north line a distance of 591.44 feet to the place of beginning, all located 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 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

FINAL PLAT – MERIDIAN WEST

 

Public Hearings 10 and 11 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for 21st Century Investment Co., LLC (Owner) for final plat approval for “MERIDIAN WEST” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 1, Meadowlark Gardens Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) and Lot 1, Meadowlark Gardens Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) (north of Highway 30 and west of 30th Avenue) and to consider approval of Resolution No. 2007-57.

 

City Staff recommended approval subject to the conditions listed herein. Planning Commission recommended approval subject to compliance with the following conditions: (1) An owner’s association will be required to maintain the common areas. (2) The drive-up uses provide adequate vehicle stacking; however, the northbound drive-up lane provides access to both the ATM and the coffee shop. The addition of a bypass lane is needed to allow customers of the coffee shop to go around the ATM machine if cars are stopped there. (3) The Developer has not provided exterior architectural elevations of the buildings but has provided photographs of existing buildings from another location that depict the materials and architectural style that the developer proposes for this site. The submittal for building permits shall indicate that all buildings will comply with minimum standards of the City Code before any permits will be issued. The Code requires 35% masonry materials on any street facing façade and the developer has indicated that this threshold will likely be exceeded; perhaps even 100% of the facades will be masonry with the exception of the facades that back to the golf course. (4) Show total quantities of plant material in the landscaping schedule. (5) The street trees are to be deciduous canopy trees, not ornamental trees. They are currently shown as crabapples and must be replaced with 2-inch caliper oaks, maples, lindens and/or similar. (6) The following note must be added to the Development Plan – “All landscaped areas, including shrub beds and islands, shall be watered by an underground irrigation system.” (7) City Engineer shall review and approve stormwater management plan and computations prior to the issuance of any building permits. (8) The following note must be added to the Development Plan – “All outdoor lighting fixtures to be shielded, sharp cutoff fixtures directed down to the ground plane.” (9) A Phasing Plan for this development must be submitted. (10) A document showing limits of 100-year floodplain along the Kearney Canal must be submitted. (11) Parking totals must be submitted. (12) The Utilities Department shall review and approve the final location of trash enclosures. (13) The access drive from 30th Avenue on the east side of the property has been adjusted to line up with the drive across the street. The location of the access drive from Highway 30 has been granted by Nebraska Department of Roads. (14) A public sidewalk is shown along Highway 30.

 

The applicant is requesting approval to develop a commercial retail center north of Highway 30 and west of 30th Avenue.  The property is zoned General Commercial District/Planned Development Overlay District and was previously platted as Meadowlark Gardens Addition and Meadowlark Gardens Second Addition. 

 

Lot 1 of Meadowlark Gardens Addition and Lot 1 of Meadowlark Gardens Second Addition must be vacated so that the land can be replatted as Meridian West.

 

This property is being developed under a condominium ownership regime. Consequently, the proposed lots correspond to the proposed building bays. There are 21 lots shown on the Preliminary and Final Plat.  Eighteen of the proposed lots will become retail bays in six buildings, one lot is reserved for a drive-up coffee shop, one lot is reserved for a drive-up ATM, and the balance of the land comprising the common area is shown as Outlot A.  The Preliminary Plat was approved by Planning Commission on March 16, 2007.  All easements are shown on the plats.  Staff has reviewed the plats and determined that the submittal requirements have been met.

 

The Development Plan features six building sites split into multiple retail bays plus the coffee shop and ATM.  Three of the building sites are split into two bays and three of the buildings are split into four bays.  Assuming the proposed buildings will occupy the full footprint of the lots, the bays range in size from 2,500 square feet to 5,400 square feet.  The coffee shop site is 600 square feet and the ATM is 48 square feet.  At least one restaurant is contemplated for this development.  The stormwater management area will feature a permanent pool of water with a fountain and enough freeboard to capture the required 10-year design storm.  Staff has reviewed the Development Plan and offers the following comments:

 

a)       An owner’s association will be required to maintain the common areas. 

b)       The drive-up uses provide adequate vehicle stacking; however, the northbound drive-up lane provides access to both the ATM and the coffee shop.  Staff suggests the addition of a bypass lane to allow customers of the coffee shop to go around the ATM machine if cars are stopped there.

c)       The Developer has not provided exterior architectural elevations of the buildings but has provided photographs of existing buildings from another location that depict the materials and architectural style that the developer proposes for this site.  The submittal for building permits shall indicate that all buildings will comply with minimum standards of the City Code before any permits will be issued. The Code requires 35% masonry materials on any street facing façade and the developer has indicated that this threshold will likely be exceeded; perhaps even 100% of the facades will be masonry with the exception of the facades that back to the golf course.

d)       Show total quantities of plant material in the landscaping schedule.

e)       The street trees are to be deciduous canopy tree, not ornamental trees.  They are currently shown as crabapples.  Replace with 2-inch caliper oaks, maples, lindens or similar.

f)         Add note to development plan – “All landscaped areas, including shrub beds and islands, shall be watered by an underground irrigation system.”

g)       City Engineer shall review and approve stormwater management plan and computations prior to any building permits being issued.

h)       Add note to Development Plan – “All outdoor lighting fixtures to be shielded, sharp cutoff fixtures directed down to the ground plane.”

i)         Indicate phasing plan for this development.

j)         Show limits of 100-year floodplain along the Kearney Canal.

k)       Show parking totals.

l)         The Utilities Department will review and approve the final location of trash enclosures.

m)     The access drive from 30th Avenue on the east side of the property has been adjusted to line up with the drive across the street.  The location of the access drove from Highway 30 has been granted by Nebraska Department of Roads.

n)       A public sidewalk is shown along Highway 30.

 

Craig Bennett from Miller & Associates presented this matter to the Council. The requirements as stated have been met. This area is a mixed use area and they are going to continue with the same type of development to the north. The golf course will remain the same. To the northeast is some low density residential and to the south is a similar use type. The proposal is to replat one lot of Meadowlark Gardens Second Addition and one lot in Meadowlark Gardens Addition which will be combined into one lot known as Meridian West.  To the south is zoned C-3, to the southeast is a C-2 and to the east is C-3.  They will leave it C-3 since it is consistent to the type of use in this area.  To the west is the Humane Society that will tie into their development plan.  They will have a common ingress/egress by the Humane Society that comes off of Highway 30.  The access is a concrete paved approach which is a shared easement for the Humane Society and this development which they will continue to use. 

 

Mr. Bennett stated they have denoted alleyways along the frontages of these buildings.  There are three major buildings that would be on the north and three major buildings on the south. The owner has decided to make the best use of potential property; they would like to proceed with a condominium. A condominium means that somebody could come in and buy this entire building, but if they only needed a square footage large enough to accommodate a portion of it then it would be split off.  The lots are separated on the plat. 

 

There is an alleyway that will allow driving east and west along the frontage of the buildings, but there will be no parking directly in front.  They will allow loading and unloading and emergency vehicle routes.  Along the north side of this parking area, there will be sidewalks along the sides of the buildings.  They have the right to acquire a second entrance from the State, although it is non-existent at this time.  This would be the more esthetically attractive entrance. There will be a grassed and mowed detention cells on both sides of that entrance as a landscaped feature. Storm water detention will be handled by a pipe connecting the two cells and will drain out onto the Highway 30 drainage ditch.  There will also be a permanent pool with a little fountain for some esthetic appeal. 

 

On the east side of the site will be a smaller building that could be used as a coffee shop.  If the small building is used as a coffee shop, there is another entrance that could be utilized coming off 30th Avenue. They are required to stack four cars and this would allow eight cars to be stacked, some behind the menu board. The ATM machine is very small and would be located between the two entrances. On the plat, the ATM location is shown as another condominium lot. One option would be to enter from the south, use the machine and continue on through. If a dual-sided ATM is not wanted, there might be a need for a by-pass. If someone was there getting cash, the vehicle behind might want to go around.  If it is a one-sided ATM, it would allow 4-car stacking which allows them to come in get their cash and enter or exit the site.  In answer to the question about how many cars could stack on each side with a dual sided ATM, the City Code requires five cars. They have allowed for four cars on each side with a potential for a 5th on one side. 

 

There is a lot of area they cannot be built on because of easements. They have decided to use this as a sitting area and a park. The hike/bike trail abuts the north side of the north property. They would tie on with a pedestrian sidewalk that would continue to the Humane Society access road. There will be raised sidewalks along the outside of each building, like a curb. The trash receptacles will be placed toward the rear of the buildings. They have tried to make the receptacles on the sides less obvious by using trees, shrubs and some walls. There will be sharp cutoff lights mounted on the building and other parking and street light poles.  There will be parking lot landscaping including grass medians and trees. This is an 8.65 acre parcel and about 7.5 acres is either parking lot or landscaping. 

 

Mr. Bennett stated there was a question raised about phasing. The developer already has had some interest in further development. They will be working with NPPD to move the existing cable and relocate some poles as part of this project.  They will be bringing in a proposed 8-inch water main to connect to the existing 16-inch to allow water services and provide some more fire protection.  The sanitary sewer will also be provided in a public easement. 

 

Parking stalls have been listed on their plan with 298 stalls required for retail and 72 stalls required for the proposed restaurant that would seat 216 people.  They want to make sure that their intentions are clear as to the type of facilities.

 

Mr. Bennett addressed the building façade.  The buildings that abut Highway 30 will be the 100 percent coverage. The buildings on the north will be 3-sided coverage with the only portions facing the golf course being different. This development plan will exceed the 35 percent of the mixed brick and masonry minimum requirements.

 

Council member Lammers asked since the Kearney Canal runs on the backside of the property, if there was any potential for leakage into the site. Mr. Bennett replied that the 100-year storm boundary enters their site briefly on the northwest corner for a couple feet which is way beyond the building area. They are not building in any of the floodplain, so should not be a factor. Mayor Clouse strongly suggested that due to some problems caused by water seepage while moving dirt by Brass Buckle Warehouse and tree roots from trees planted along the canal bank causing some problems near UNK, that the developer consult with the City Water Department about the potential of digging close to that Canal bank. 

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Kearney to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates (Applicant) for 21st Century Investment Co., LLC (Owner) for final plat approval for “MERIDIAN WEST” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 1, Meadowlark Gardens Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) and Lot 1, Meadowlark Gardens Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) (north of Highway 30 and west of 30th Avenue) and approve Resolution No. 2007-57.  Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-57

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “MERIDIAN WEST” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being Lot 1, Meadowlark Gardens Addition, an addition to the City of Kearney, Buffalo County, Nebraska (now vacated) Lot 1, Meadowlark Gardens Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska (now vacated) and located in the Southeast Quarter of the Southeast Quarter of Section 33, 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 Southeast Quarter of said Section 33 and assuming the south line of said Southeast Quarter as bearing S89°50’38”W and all bearings contained herein are relative thereto; thence S89°50’38”W and on said south line a distance of 180.0 feet; thence N00°17’01”E a distance of 122.62 feet to the southeast corner of said Lot 1, Meadowlark Gardens Addition (now vacated) and on the north right-of-way line of U.S. Highway 30; thence S89°24’58”W and on the aforesaid north right-of-way line a distance of 93.83 feet; thence S87°09’05”W continuing on said north right-of-way line a distance of 317.45 feet; thence S88°34’17”W a distance of 244.44 feet to the southwest corner of said Lot 1, Meadowlark Gardens Addition (now vacated), also being the southeast corner of said Lot 1, Meadowlark Gardens Second Addition (now vacated); thence S88°34’17”W continuing on the aforesaid line a distance of 66.54 feet; thence N89°33’53”W a distance of 250.05 feet; thence S84°40’25”W a distance of 40.47 feet to the southwest corner of said Lot 1, Meadowlark Gardens Section Addition (now vacated); thence N00°05’56”W on the west line of said Lot 1 a distance of 326.77 feet to the northwest corner of said Lot 1 and on the south right-of-way line of Kearney Canal; thence N74°36’08”E and on the aforesaid south right-of-way line a distance of 263.63 feet; thence S81°58’10”E continuing on the aforesaid south right-of-way line a distance of 106.0 feet to the northeast corner of Lot 1, Meadowlark Gardens Section Addition (now vacated), also being the northwest corner of Lot 1, Meadowlark Gardens Addition (now vacated); thence S81°58’10”E a distance of 270.65 feet; thence N85°04’20”E a distance of 187.6 feet; thence N74°50’20”E a distance of 245.3 feet; thence N81°54’38”E a distance of 13.65 feet to the west right-of-way line of 30th Avenue, an avenue in the City of Kearney, Buffalo County, Nebraska; thence S00°17’01”W on the aforesaid west right-of-way line a distance of 291.35 feet; thence S17°50’23”W continuing on the aforesaid west right-of-way line a distance of 41.27 feet; thence S89°50’38”W a distance of 37.19 feet; thence S00°17’01”W a distance of 67.39 feet to the place of beginning, containing 8.65 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 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

DEVELOPMENT PLANS FOR RETAIL CENTER – NORTH OF HIGHWAY 30 AND WEST OF 30TH AVENUE

 

Mayor Clouse opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for 21st Century Investment Co., LLC (Owner) for Planned District Development Plan Approval for the construction of a retail center consisting of multiple buildings under condominium ownership on property zoned “District C-3/PD, General Commercial District/Planned Development Overlay District and described as Lot 1, Meadowlark Gardens Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) and Lot 1, Meadowlark Gardens Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) (north of Highway 30 and west of 30th Avenue) and to consider approval of Resolution No. 2007-58.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lammers to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates (Applicant) for 21st Century Investment Co., LLC (Owner) for Planned District Development Plan Approval for the construction of a retail center consisting of multiple buildings under condominium ownership on property zoned “District C-3/PD, General Commercial District/Planned Development Overlay District and described as Lot 1, Meadowlark Gardens Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) and Lot 1, Meadowlark Gardens Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) (north of Highway 30 and west of 30th Avenue) and approve Resolution No. 2007-58 subject to compliance with the following conditions: (1) An owner’s association will be required to maintain the common areas. (2) The drive-up uses provide adequate vehicle stacking; however, the northbound drive-up lane provides access to both the ATM and the coffee shop. The addition of a bypass lane is needed to allow customers of the coffee shop to go around the ATM machine if cars are stopped there. (3) The Developer has not provided exterior architectural elevations of the buildings but has provided photographs of existing buildings from another location that depict the materials and architectural style that the developer proposes for this site. The submittal for building permits shall indicate that all buildings will comply with minimum standards of the City Code before any permits will be issued. The Code requires 35% masonry materials on any street facing façade and the developer has indicated that this threshold will likely be exceeded; perhaps even 100% of the facades will be masonry with the exception of the facades that back to the golf course. (4) Show total quantities of plant material in the landscaping schedule. (5) The street trees are to be deciduous canopy trees, not ornamental trees. They are currently shown as crabapples and must be replaced with 2-inch caliper oaks, maples, lindens and/or similar. (6) The following note must be added to the Development Plan – “All landscaped areas, including shrub beds and islands, shall be watered by an underground irrigation system.” (7) City Engineer shall review and approve stormwater management plan and computations prior to the issuance of any building permits. (8) The following note must be added to the Development Plan – “All outdoor lighting fixtures to be shielded, sharp cutoff fixtures directed down to the ground plane.” (9) A Phasing Plan for this development must be submitted. (10) A document showing limits of 100-year floodplain along the Kearney Canal must be submitted. (11) Parking totals must be submitted. (12) The Utilities Department shall review and approve the final location of trash enclosures. (13) The access drive from 30th Avenue on the east side of the property has been adjusted to line up with the drive across the street. The location of the access drive from Highway 30 has been granted by Nebraska Department of Roads. (14) A public sidewalk is shown along Highway 30. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-58

 

            WHEREAS, Craig Bennett from Miller & Associates (Applicant) for 21st Century Investment Co., LLC (Owner) has applied for Planned District Development Plan Approval for the construction of a retail center consisting of multiple buildings under condominium ownership on property zoned “District C-3/PD, General Commercial District/Planned Development Overlay District” and described as Lot 1, Meadowlark Gardens Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) and Lot 1, Meadowlark Gardens Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) (north of Highway 30 and west of 30th Avenue).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Craig Bennett from Miller & Associates (Applicant) for 21st Century Investment Co., LLC (Owner) for Planned District Development Plan Approval for the construction of a retail center consisting of multiple buildings under condominium ownership on property zoned “District C-3/PD, General Commercial District/Planned Development Overlay District” and described as Lot 1, Meadowlark Gardens Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) and Lot 1, Meadowlark Gardens Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) (north of Highway 30 and west of 30th Avenue) be approved subject to compliance with the following conditions:

(1)     An owner’s association will be required to maintain the common areas.

(2)     The drive-up uses provide adequate vehicle stacking; however, the northbound drive-up lane provides access to both the ATM and the coffee shop. The addition of a bypass lane is needed to allow customers of the coffee shop to go around the ATM machine if cars are stopped there.

(3)     The Developer has not provided exterior architectural elevations of the buildings but has provided photographs of existing buildings from another location that depict the materials and architectural style that the developer proposes for this site. The submittal for building permits shall indicate that all buildings will comply with minimum standards of the City Code before any permits will be issued. The Code requires 35% masonry materials on any street facing façade and the developer has indicated that this threshold will likely be exceeded; perhaps even 100% of the facades will be masonry with the exception of the facades that back to the golf course.

(4)     Show total quantities of plant material in the landscaping schedule.

(5)     The street trees are to be deciduous canopy trees, not ornamental trees. They are currently shown as crabapples and must be replaced with 2-inch caliper oaks, maples, lindens and/or similar.

(6)     The following note must be added to the Development Plan – “All landscaped areas, including shrub beds and islands, shall be watered by an underground irrigation system.”

(7)     City Engineer shall review and approve stormwater management plan and computations prior to the issuance of any building permits.

(8)     The following note must be added to the Development Plan – “All outdoor lighting fixtures to be shielded, sharp cutoff fixtures directed down to the ground plane.”

(9)     A Phasing Plan for this development must be submitted.

(10)    A document showing limits of 100-year floodplain along the Kearney Canal must be submitted.

(11)    Parking totals must be submitted.

(12)    The Utilities Department shall review and approve the final location of trash enclosures.

(13)    The access drive from 30th Avenue on the east side of the property has been adjusted to line up with the drive across the street. The location of the access drive from Highway 30 has been granted by Nebraska Department of Roads.

(14)    A public sidewalk is shown along Highway 30.

 

            PASSED AND APPROVED THE 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

AMENDMENT TO SECTION 46-107 OF THE CITY CODE

 

Mayor Clouse opened the public hearing on the proposed amendment to subparagraph B, “Salvage Services and Long-Term Vehicle Storage and Dismantling” of Section 46-107 “Supplemental Use Regulations; Industrial Uses” of Chapter 46 “Supplemental Use Regulations” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to prohibit new salvage services use being established within 125 feet of the nearest property line of a pre-existing residential use or of any pre-established civic use.

 

City Staff recommended the minimum bufferyard requirement being reduced to 125 feet in width and that it apply to pre-existing residential zoning districts instead of pre-existing residential uses.  Planning Commission recommended approval.

 

Salvage Services is a use type that is only allowed in District M-2, General Industrial District with a Conditional Use Permit. In addition, Supplemental Use Regulations as set forth in Chapter 46 of the City Code apply specifically to salvage services.  Anderson Wrecking is planning to expand their operations to the east across Avenue M in the near future. They are aware that a CUP will be required and will be applying for one in the future. In the interim, they have requested an amendment to the language in Chapter 46 that requires a 500-foot buffer between salvage services and any existing residentially zoned land.  The current language reads as follows:

 

Salvage Services and Long-Term Vehicle Storage and Dismantling

 

1.       Screening

(a)     The perimeter of each new facility shall be fully enclosed by opaque, freestanding fencing or screen walls.  Minimum height of this enclosure shall be eight (8) feet.  Any such enclosure shall be constructed behind required landscaped bufferyards.

(b)    Each existing salvage services facility shall be screened as provided above within one (1) year of the effective date of this ordinance.

(c)     The above requirements shall also apply to uses adjacent to residential zoning districts or residential uses that include the long-term storage and dismantling of vehicles.

2.       Storage of materials within any salvage services facility may not be higher than the height of the surrounding screen fence or wall.

3.       No new salvage services use may be established within five hundred (500) feet of the nearest property line of a pre-existing residential zoning district or of any pre-established civic use.

 

The applicant is requesting that the separation requirement be reduced from 500 feet to 125 feet. This buffer would apply to any salvage service in the City of Kearney jurisdiction that is bordered by residential property or civic uses. 

 

In the case of Andersen Wrecking, there happens to be a 100-foot wide strip of land that borders the south side of the property that was formerly used for railroad right-of-way, but has since reverted ownership to the City of Kearney. If the Code is amended to 125 feet of separation, the proposed buffer for Andersens will consist of 100 feet of City-owned property and 25 feet of Anderson property to reach the total of 125 feet. They also indicated that they will plant some trees in the bufferyard and around the street perimeter of the new site as part of the CUP approval process.

 

There is one discrepancy between the current and proposed language that needs to be resolved.  Current Code reads as follows

 

No new salvage services use may be established within five hundred (500) feet of the nearest property line of pre-existing residential zoning districts or of any pre-established civic use.  (underline added for emphasis)

 

The proposed language reads as follows:

 

No new salvage services use may be established within one hundred twenty-five (125) feet of the nearest property line of pre-existing residential uses or of any pre-established civic use.  (emphasis added)

 

There is a significant difference between the two phrases that are underlined above. The current language is tied to zoning of the property while the language proposed by the applicant is tied to use of the property. If the amendment is approved as presented by the applicant, the bufferyard requirement would only apply to property that is occupied by a built residential structure. This approach is more lenient than the current language which protects residentially-zoned property, thereby protecting future residential construction. Staff recommends that the proposed language be amended to apply to pre-existing residential zoning districts as opposed to pre-existing residential uses.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. He was representing the Andersen family for Andersen Wrecking located south of 20th Street, east of Avenue M and south of the Avenue M/N Overpass.  During their meeting with the DRT team in January, the buffer setback requirements for salvage use was addressed. The present setback requirement is 500 feet for salvage use and in meeting with the City staff the conclusion was reached that was excessive. The Andersens came forth with a proposal recommending changing the 500 feet to 125 feet.  They met with the Southeast Neighborhood Association a week before the Planning Commission meeting and Mr. Humphrey believed the response was positive as reflected in a letter from them.

 

To the south of Andersen Wrecking is the abandoned Burlington Railroad site where the right-of-way was conveyed to the City of Kearney a few years ago.  A portion of that stretch of railroad has been continued west of Avenue M and Andersen Wrecking uses that to load out some steel products which is picked up by the Union Pacific Railroad on occasion. Directly south of the project site, the railroad right-of-way is filled with overgrown trees and scrub brush.  At this time, it is only being used for some drainage way that goes through there.  There has been some discussion that it would be used as part of the City’s drainage plan once the need arises.

 

South of that is a cornfield (about 100 feet south of Andersen Salvage) and is zoned R-1 which is the reason they want a Code change. In the City’s regulations when properties abut a residential zoning classification such as Andersen’s salvage operation there must be a 500-foot setback from that zoning line. They are not sure what the development prospect is for that cornfield.  Mr. Humphrey stated the history of Kearney has shown that the area between the old vacated or abandoned railroad right-of-way up to the Union Pacific main line has been zoned M-2 and has been targeted for an industrial use.  They intend to pursue that prospect.  He met with Rhoda Brown from the neighborhood association the day of the meeting to make sure that he was up to date with the information from her group.  She indicated that her group was very happy that Andersen Wrecking is willing to work with the neighborhood and to obtain a Conditional Use Permit based on the action taken at this meeting. 

 

Mr. Humphrey stated they are requesting to change the Code on the setback at this point and then go back through and develop a set of plans to be brought back to the Council for a Conditional Use Permit.  Although this changes the Code for the entire City, he believed that this is a unique situation because there are not that many sites in Kearney that have this direct conflict between M-2 and R-1. 

 

Council member Lammers stated that he did not have a problem with the 125-foot setback, but did inquire about the height of the irrigation pipe and stuff stacked up on Andersens property that exceeds the 6-8 foot limitation. Mr. Humphrey replied the Andersens are aware that the pipe that is stacked there is a problem. With the development of their expansion, they can filter that through and get it marketed as it should be.  They are going to develop a site plan that will put a small berm around the south side of the site. Since that land already tapers a little to the south, by putting an 8-9 foot tall fence on top of that berm it will help shield some of that material.  He did not have a timeline for that.  They will also make some provisions for some stormwater management.

 

Kirby Andersen, 1912 Avenue M, stated that they have taken steps already to try to prevent that stacking situation from increasing in size. They have turned away their two biggest customers that wanted to bring in more material, which is not something they want to encourage for their business. They have one machine which processes both iron and aluminum. Aluminum is a pretty stable market, but iron goes up and down, so they are concentrating on processing that iron. They hope to purchase a second machine so they can take care of those peak times. 

 

Reva VandeVoorde stated she is part owner in the property just south of Andersen Salvage. They are currently in the process of working towards a development in that area and they also have concerns with Andersen Salvage Company.  In the past, the Andersens have had trucks, trailers and salvage materials between the access road to their rental property and the area of the old railroad site.  She stated that it is not only an eyesore, but in the winter it tends to drift causing their renters difficulty in accessing their property. She believed that if Andersens expands more into the property, it  would even be more detrimental to their property.  

 

Ms. VandeVoorde stated that her husband has contacted the City many times regarding the problem of the salvage materials going past their property and into the City’s right-of-way. They have been taking pictures over the past several years regarding this situation created by Andersens. She said there has been no improvement since they started making their complaints to the City. She presented picture with scattered trash, etc.   

 

City Planner Lance Lang stated there was no one in person at the Planning Commission meeting in opposition to this issue.  Although the Planning Commission approved, the neighborhood association was requesting a setback greater than the proposed 125-foot setback.  He stated that a letter of opposition came from Rhoda Brown representing the neighborhood association and was read into the minutes.  It is possible there have been phone calls in the past to the Building and Zoning Division regarding the same issues, but no one was present at the Planning Commission meeting.

 

Director of Public Works Rod Wiederspan stated that the right-of-way in that area was acquired by the City through the Rails to Trails Land acquisition process.  When the City’s deed for this property was shown to the Andersens, they indicated that they had a deed for the property. The City was in the process of trying to figure out who actually owns the property. It has been determined that it is City property and will be responsible for maintenance.  Mr. Wiederspan stated a letter from the City was sent about a year ago to Andersen Salvage informing them to remove their materials from the property.  Mr. Andersen indicated at that time they thought the property was theirs.  Recently, they brought in their survey that showed that it is City property. 

 

City Manager Michael Morgan stated that prior to considering the Conditional Use Permit, Council could request the developer to resolve that issue, as well as, minimizing the stacking of materials. There is also an issue of stacking materials on current right-of-way across the street that has been part of an ongoing debate.  City Attorney Mike Tye suggested as it goes to Planning Commission and back to the Council for approval of a Conditional Use Permit, that conditions for granting the permit could be attached to getting this resolved. City Manager stated this has been an ongoing violation and he did not believe that it would be appropriate to wait until it comes back for CUP approval since it has been a neighborhood complaint for more than a year.

 

Kirby Andersen stated that at the DRT meeting they did discuss moving their trailers and material that was on that property across the street to the new property, but could not do so without a fence and approval from the City. Their intention is to address that issue as quickly as possible. 

 

Reva VandeVoorde stated that narrowing the setback from 500 feet to 125 feet is a concern, as well as the expansion of their salvage operation into an area that will be an eyesore to their property. The VandeVoorde’s intent is to develop their property into a residential area and believes that Andersen Salvage operation might devalue their property. 

 

Max Neighbors, who is working with the VandeVoordes to develop the property, asked if the 125-foot setback includes the 100 feet owned by the City. City Manager responded that the 100 feet owned by the City is included, but it still remains 125 feet from the residential area because that City property is not zoned residential.  The City’s intent is not to develop that parcel in the M-2 zone. It does fit what the City was given it for which is the trail project and stormwater management.  The Planning Commission looked at the 100 feet regardless of the owner. If the City did not own that 100 feet, that area could be used for any other M-2 use, but not for a salvage operation because it requires that 125-foot buffer. The City knows that it is going to use this land for a drainage ditch and wanted to disclose this information so the abutting property owners would be aware of that. 

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Lear to close the hearing and approve the proposed amendment to subparagraph B, “Salvage Services and Long-Term Vehicle Storage and Dismantling” of Section 46-107 “Supplemental Use Regulations; Industrial Uses” of Chapter 46 “Supplemental Use Regulations” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to prohibit new salvage services use being established within 125 feet of the nearest property line of pre-existing residential zoning districts or of any pre-established civic use Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

AMENDMENT TO SECTIONS 59-103 AND 59-104 OF THE CITY CODE

 

Mayor Clouse stated that the public hearing on the proposed amendments to Section 59-103 “Conditional Use Permit Procedure” and Section 59-104 “Amendment Procedure” of Chapter 59 “Administration and Procedures” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to provide procedures pertaining to written notification of proposed rezonings, including conditional use permits, for properties located within a specified distance of the property being rezoned will be tabled until April 24, 2007.

 

Moved by Lear seconded by Buschkoetter to table until April 24, 2007 the public hearing on the proposed amendments to Section 59-103 “Conditional Use Permit Procedure” and Section 59-104 “Amendment Procedure” of Chapter 59 “Administration and Procedures” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to provide procedures pertaining to written notification of proposed rezonings, including conditional use permits, for properties located within a specified distance of the property being rezoned. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

CDBG GRANT FOR COMPREHENSIVE REVITALIZATION ACTIVITIES

 

Mayor Clouse opened the public hearing on the application to the Department of Economic Development for a Community Development Block Grant in the amount of $153,501.00 for comprehensive revitalization activities and to consider approval of Resolution No. 2007-59.

 

Assistant to City Manager Amber Brown presented this matter to the Council. The purpose of this public hearing is to receive community input on the activities as proposed in the application for Phase II improvements in the Comprehensive Revitalization program.  The CR program is a funding category within the Community Development Block Grant program funded and developed by the Nebraska Department of Economic Development.  The entire three-phase Comprehensive Revitalization plan was approved at the December 13, 2005 meeting.

 

The CR project has been phased out over the course of 3 years.  During Phase I, residents benefited from a combination of improvements to sidewalks, streets, and accessible sidewalk ramps at intersections. 

 

Phase II of the project includes the following activities:

 

1.       Pave Avenue D, from 13th Street to 11th Street;

2.       Pave Avenue I from 15th Street to 14th Street; and

3.       Pave 14th Street from Avenue I to Avenue K.

 

In the target area, 66.6% of the residents are considered to be low- to moderate-income, which meets the national objective of the CDBG program to benefit low- to moderate-income persons.  Combining CR program funding with sales tax money provides the opportunity to serve the low- to moderate-income populations while improving accessibility to the parks, schools, and along major arterial streets, which are the responsibility of the community.

 

The City of Kearney is requesting $153,501 for Phase II of the Comprehensive Revitalization project.  The total request is delineated as follows: $141,501 will be utilized for paving construction.  The remainder, $12,000, will be expended for general grant administration activities.  The City of Kearney is required to match grant funds in the amount of $141,501.  The total project cost is $295,002.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Clouse to close the hearing and approve the application to the Department of Economic Development for a Community Development Block Grant in the amount of $153,501.00 for comprehensive revitalization activities and approve Resolution No. 2007-59. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-59

 

            WHEREAS, the City of Kearney, Nebraska, is an eligible unit of a general local government authorized to file an application under the Housing and Community Development Act of 1974 as amended for Small Cities Community Development Block Grant Program; and

            WHEREAS, the City of Kearney, Nebraska, has obtained its citizens’ comments on community development and housing needs; and has conducted public hearing(s) upon the proposed application and received favorable public comment respecting the application which for an amount of $153,501 for comprehensive revitalization activities.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Mayor be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Kearney and the Nebraska Department of Economic Development so as to effect acceptance of the grant application.

            PASSED AND APPROVED THIS 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

Mayor Clouse stated the agenda has been amended to include Item 12 to approve the Agreement for the Acquisition of Property granted to the City of Kearney by Lowe Family Limited Partnership; and Item 13 to accept the Warranty Deed granted to the City by Lowe Family Limited Partnership.

 

Moved by Clouse seconded by Kearney that Subsections 1 through 13 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held March 27, 2007.

 

2.         Approve the following Claims: 3M $1,382.00 smcs; Ace Hardware $8.98 smcs; Adams Co Sheriff $1,000.00 smcs; Aflac $2,738.34 ps; Agri Co-op $18,391.70 smcs; Albright,D $546.68 smcs; Alltel $3,197.58 smcs; Amax Contracting $5,000.00 smcs; Andersen,B $17.70 smcs; Arrowhead Condominium $12,660.00 co; Baker & Taylor Books $1,939.75 smcs; Barco Municipal Products $4,932.59 smcs; BBC Audiobooks $422.05 smcs; Beacon Athletics $1,961.00 smcs; Bestsellers Audio $195.00 smcs; Bill's Trailer Sales $1,660.00 co; Blessing $36,500.86 smcs,co; Bluecross Blueshield $57,512.96 smcs; Boersma,C $49.99 smcs; Bosselman $2,761.49 smcs; Bowman,R $42.68 smcs; Broadfoot's $371.00 smcs; Brown,A $43.65 smcs; Buffalo Co Court $294.04 ps; Buffalo Co Reg Deeds $110.00 smcs; Buffalo Co Sheriff $103,441.00 smcs; Buffalo Co Treasurer $130.20 co; Business Office Systems $219.00 smcs; CDBG Recertification $25.00 smcs; Central Contracting $5,457.60 co; Chad $10.00 ps; Charter $54.99 smcs; Christman,Dr. $79.00 smcs; City of Ky $185,896.01 smcs,ps; College Savings Plan of NE $75.00 ps; Conseco Life Ins $24.00 ps; Cool Tech Commercial $150.00 smcs; Copycat Printing $559.20 smcs; Crossroad Ford $2,653.41 smcs; Culligan $281.50 smcs; Cummins Central Power $294.86 smcs; Dell $6,790.20 co; Dept of Treasury $26.00 ps; Depository Trust $512,530.00 ds; Diamond Vogel $68.85 smcs; Dutton-Lainson $104.23 smcs; Dye,S $70.00 smcs; Eakes $3,402.17 smcs; Ecolab $30.00 smcs; Eirich,T $50.00 smcs; Elliott Equipment $683.09 smcs; Enslow Publishers $254.25 smcs; Eustis Body Shop $1,324.98 smcs; Fairbanks $163.27 smcs; Fedex $89.81 smcs; Florell,J $55.00 smcs; Foremost Promotions $948.70 smcs; Frontier $217.04 smcs; Gardner,L $22.00 smcs; Gealy's Greenhouse $2,328.31 smcs; Golden Rule Creations $444.08 smcs; Grainger $2,882.79 co; Grimes,A $31.25 smcs; Hart,S $7.79 smcs; Harter,A $385.50 smcs; Hausmann Construction $163,656.00 co; HDSWW $128.75 smcs; Heartland Scuba Center $3.60 smcs; Hill,M $385.50 smcs; Hines Productions $334.00 smcs; Hock,T $400.00 co; Holiday $45.20 smcs; Hometown Leasing $248.23 smcs; Hydrite Chemical $500.00 smcs; Hydrologic $175.00 smcs; ICMA RC $2,813.75 ps; IRS $94,421.37 ps; Intl Code Council $50.00 smcs; Johnson,S $50.00 smcs; Kayton Electric $100,712.57 co; Ky Crete & Block $124.32 smcs; Ky Glass $100.92 smcs; Ky Noon Rotary $95.00 smcs; Ky United Way $558.00 ps; Ky Visitors Bureau $19,188.08 smcs; Ky Winnelson $14.89 smcs; Kelley Tree Service $18,711.00 smcs; Kirkham Michael $11,286.07 smcs,co; KK Auctions $90.00 smcs; Koetters,J $10.43 smcs; Kooyman,R $200.00 ps; Laughlin,K $180.00 ps; Lawn Builders $470.64 smcs; LARM $223,572.00 smcs; Lentfer,S $60.89 smcs; Linweld $12.30 smcs; M&J Signs $3,380.00 smcs,co; Mac Tools $56.99 smcs; Magic Cleaning $250.00 smcs; Mail Express $76.22 smcs; May,J $17.49 smcs; MES $10,395.00 smcs; Metlife $5,464.75 ps; Microfilm Imaging Systems $303.50 smcs; Mid Amer Specialties $210.20 smcs; Middleton Electric $375.00 smcs; Midland Molding $18.00 smcs; Miller & Associates $309.10 co; Moonlight Embroidery $288.00 ps; Morgan,M $311.88 smcs; Mosbarger,B $200.00 ps; Moss & Barnett $146.80 smcs; Motorola $22,758.00 smcs; Municipal Pipe Service $2,000.00 smcs; NE Assn Airport Official $60.00 smcs; NE Child Support $2,490.12 ps; NE Dept of Revenue $28,052.11 ps; NE GIS/LIS Assn $250.00 smcs; NE Law Enforcement $100.00 smcs; NE Library Assn $105.00 smcs; NE Society of CPA $110.00 smcs; NE Wine & Spirits $55.26 smcs; Newman's Sharpening $36.00 smcs; Northwestern Energy $4,652.33 smcs; Nuttelman Fencing $11,880.00 co; Office Depot $221.74 smcs; Officenet $290.00 smcs; O'Keefe Elevator $512.01 smcs; Omaha World Herald $75.40 smcs; OMB Police Supply $46.49 co; On Site Mobile Sharpening $39.38 smcs; Outdoor Recreation $1,370.00 co; Overhead Door $679.00 smcs; Paramount $45.17 smcs; Parker Engineering $438.00 smcs; Pat's Plumbing $475.00 smcs; Payflex Systems $459.00 ps; Platte Valley Comm. $6,049.81 smcs; Polk City Directories $308.50 smcs; Pool,K $22.00 smcs; Presto-X $136.00 smcs; Quill $51.25 smcs; Random House $460.80 smcs; RDJ Specialties $313.47 smcs; Ready Mixed Concrete $284.80 smcs; Recorded Books $283.21 smcs; Republic Beverage $448.00 smcs; Residential Appraisals $400.00 co; Roper's Radiator Service $400.00 smcs; RTI Technical Training $6,638.57 smcs; Sage,P $59.38 smcs; Sapp Brothers $19,840.80 smcs; Sargent Drilling $101,731.52 co; See Clear Cleaning $1,800.00 smcs; Sloup,G $10.00 smcs; Snap-On Tools $102.00 smcs; Splitter,M $523.22 smcs; St James Catholic Church $856.00 co; Standard Signs $7,657.40 co; St of NE HHS Lab $378.00 smcs; St of NE/DAS Comm $18.96 smcs; Sterling Distributing $255.77 smcs; Sun Life Financial $22,105.17 smcs; Sydow,J $40.00 smcs; Thomson Gale $110.33 smcs; Trans-Amer $600.00 co; Trembly,M $141.84 smcs; Turner Body Shop $45.00 smcs; Tye & Rademacher $11,065.32 smcs,co; Unico $2,007.62 smcs; Urbanek,G $15.86 smcs; Video Service of America $54.66 smcs; Village Uniform $271.68 smcs; Village Uniform $126.40 smcs; Weatherthings $34.00 smcs; Werkmeister,J $400.00 co; West Payment Center $374.52 smcs; Williams,M $132.74 smcs; Payroll Ending 3-31-2007 -- $283,607.92.  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 T-Hangar A-2 Lease Agreement between the City of Kearney and Gordon Brooks for storage at the Kearney Regional Airport and approve Resolution No. 2007-60.

 

RESOLUTION NO. 2007-60

 

BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the T-Hangar A-2 Lease Agreement, on behalf of the City of Kearney, Nebraska, with Gordon Brooks, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

4.         Approve the Agreement between the City of Kearney and the Nebraska Department of Roads for Project No. STPD-30-4(148) consisting of concrete reconstruction which includes a 68-foot back to back curbed urban section, storm sewer, sidewalk, lighting and grading on 25th Street (Highway 30) from Avenue B to Avenue L and approve Resolution No. 2007-61.

 

RESOLUTION NO. 2007-61

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement between the State of Nebraska Department of Roads and the City of Kearney with regard to improvements of 25th Street (U.S. Highway 30) consisting of concrete reconstruction which includes a 68-foot back-to-back curbed urban section, storm sewer, sidewalk, lighting and grading beginning at Avenue B and extending to Avenue L.  A copy of the said Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

5.         Approve the Interlocal Agreement between Kearney, Hastings, Grand Island, Beatrice, Columbus, Fremont, Lexington, Norfolk, North Platte and Scottsbluff for storm water management and approve Resolution No. 2007-62.

 

RESOLUTION NO. 2007-62

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Interlocal Agreement between the City of Kearney and Hastings, Grand Island, Beatrice, Columbus, Fremont, Lexington, Norfolk, North Platte and Scottsbluff for storm water management, as defined in said Interlocal Agreement.  A copy of the said Interlocal Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

6.         Approve Change Order No. 1 showing an increase in the amount of $142,586.66 submitted by Sargent Irrigation, Inc. and approved by Miller & Associates for the Northwest Well Field Development – Phase I (Municipal Water Wells) and approve Resolution No. 2007-63.

 

RESOLUTION NO. 2007-63

 

            WHEREAS, Sargent Drilling Co. of Broken Bow, Nebraska has performed services in connection with the Northwest Well Field Development; Phase I – Municipal Water Wells, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 in the amount of $142,586.66 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$2,364,294.50
Change Order No. 1 (4-10-2007)	+   142,586.66
Contract Sum to Date	2,506,880.66

            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 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

7.         Accept the Warranty Deed granted to the City of Kearney by Shawn and Amanda King in connection with the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2007-64.

 

RESOLUTION NO. 2007-64

 

            WHEREAS, City Council authorized the City Manager and City Attorney to acquire the following tract of property: a tract of land being part of Lot 2, Sunrise Heights Addition, an addition to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: beginning at the southeast corner of Lot 2, said point being on the north line of 39th Street, a street in the City of Kearney and the west line of Pony Express Road, a street in the City of Kearney; thence northerly on the west line of said Pony Express Road a distance of 4.05 feet; thence deflecting left 88°00’ a distance of 172.2 feet to a point on the west line of Lot 2; thence southerly on the west line of said Lot 2 a distance of 10.0 feet to the southwest corner of Lot 2, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 172.1 feet to the point of beginning, containing 1,262 sq. ft. (0.03 acres) more or less, all in Buffalo County, Nebraska.

            WHEREAS, Shawn E. and Amanda L. King have granted to the City of Kearney a Warranty Deed for the following tract of property: a tract of land being part of Lot 2, Sunrise Heights Addition, an addition to the City of Kearney, Buffalo County, Nebraska and more particularly described as follows: beginning at the southeast corner of Lot 2, said point being on the north line of 39th Street, a street in the City of Kearney and the west line of Pony Express Road, a street in the City of Kearney; thence northerly on the west line of said Pony Express Road a distance of 4.05 feet; thence deflecting left 88°00’ a distance of 172.2 feet to a point on the west line of Lot 2; thence southerly on the west line of said Lot 2 a distance of 10.0 feet to the southwest corner of Lot 2, said point being on the north line of 39th Street; thence easterly on the north line of said 39th Street a distance of 172.1 feet to the point of beginning, containing 1,262 sq. ft. (0.03 acres) more or less, all in Buffalo County, Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Warranty Deed be and is hereby accepted.

            PASSED AND APPROVED THIS 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

8.         Approve the bids received for the 2006 Part IV Improvements (Phase II) for the construction of sidewalks where it currently does not exist as follows: 11th Street from 1st Avenue to Avenue A, 13th Street from Central Avenue to Avenue I, 14th Street from 2nd Avenue to Avenue D, 15th Street from Avenue B to Avenue I, Avenue D from 13th Street to 16th Street, Avenue F from 13th Street to 14th Street, Avenue G from 13th Street to 14th Street and approve Resolution No. 2007-65 awarding the bid to Concrete Workers Inc. in the amount of $156,640.50.

 

RESOLUTION NO. 2007-65

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on April 3, 2007, at 2:00 p.m. for the 2006 Part IV Improvements (Phase II) for the construction of sidewalks where it currently does not exist as follows: 11th Street from 1st Avenue to Avenue A, 13th Street from Central Avenue to Avenue I, 14th Street from 2nd Avenue to Avenue D, 15th Street from Avenue B to Avenue I, Avenue D from 13th Street to 16th Street, Avenue F from 13th Street to 14th Street, Avenue G from 13th Street to 14th Street; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $209,475.00; and

WHEREAS, the said engineers have recommended the bid offered by Concrete Workers, Inc. of Kearney, Nebraska in the sum of $156,640.50 be accepted as the lowest responsible bid.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Concrete Workers, Inc. be and is the lowest responsible bidder for the 2006 Part IV Improvements (Phase II) for the construction of sidewalks where it currently does not exist as follows: 11th Street from 1st Avenue to Avenue A, 13th Street from Central Avenue to Avenue I, 14th Street from 2nd Avenue to Avenue D, 15th Street from Avenue B to Avenue I, Avenue D from 13th Street to 16th Street, Avenue F from 13th Street to 14th Street, Avenue G from 13th Street to 14th Street to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Concrete Workers, Inc. in the sum of $156,640.50 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2006 Part IV Improvements (Phase II) in the amount of $209,475.00 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 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

9.         Approve the request submitted by the YMCA to conduct the Healthy Kids Day on April 14, 2007 beginning at 10:00 a.m.  The route will begin at the YMCA north on 6th Avenue, east on 48th Street to the Target/K-Mart entrances and then turn around on the same route and finish at the YMCA.

 

10.        Seek a recommendation from the Advisory Board of Park & Recreation Commissioners on naming/renaming of the Harmon Park Youth Center and the park area south of Railroad Street and east of Central Avenue.

 

11.        Approve the bids received for the Cemetery Paving 2007 Project and approve Resolution No. 2007-66 awarding the bid to Concrete Workers Inc. in the amount of $112,068.50.

 

RESOLUTION NO. 2007-66

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on April 3, 2007 at 2:00 p.m. for the 2007 Cemetery Paving Improvements; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $126,015.40; and

WHEREAS, the said engineers have recommended the bid offered by Concrete Workers, Inc. of Kearney, Nebraska 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 Concrete Workers, Inc. of Kearney, Nebraska be and is the lowest responsible bidder for the 2007 Cemetery Paving Improvements to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Concrete Workers, Inc. of Kearney, Nebraska in the sum of $112,068.50 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2007 Cemetery Paving Improvements in the amount of $126,015.40 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 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

12.        Approve the Agreement for the Acquisition of Property granted to the City of Kearney by Lowe Family Limited Partnership in connection with the 2007 Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2007-68.

 

RESOLUTION NO. 2007-68

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Agreement of Acquisition of Property be and is hereby accepted and that the City Manager be and is hereby authorized and directed to execute the said Agreement on behalf of the City of Kearney.  The original Agreement of Acquisition of Property, marked as Exhibit “A” is attached hereto and made a part hereof.

            PASSED AND APPROVED THIS 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

13.        Accept the Warranty Deed granted to the City of Kearney by Lowe Family Limited Partnership in connection with the 2007 Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2007-69.

 

RESOLUTION NO. 2007-69

 

            WHEREAS, City Council authorized the City Manager and City Attorney to acquire a tract of property described as being part of Lot 14 and part of Lot 15, Baker’s Subdivision of Lot 60, Northwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska more particularly described as follows: referring to the northwest corner of said Lot 15; thence southerly on the west line of said Lot 14 and Lot 15 a distance of 110.0 feet to a point of beginning; thence continuing southerly on said west line a distance of 23.8 feet to the northwest corner of said Lot 14; thence continuing on the aforedescribed course a distance of 121.2 feet; thence deflecting Left 171°49’ and in a northeasterly direction a distance of 85.93 feet to a point 12.22 feet easterly of the west line of Lot 14; thence deflecting Left 08°11’ and in a northerly direction and parallel with the aforesaid west line a distance of 36.14 feet to a point on the north line of said Lot 14; thence continuing on the aforedescribed course a distance of 23.8 feet to a point on the south line of the north 110 feet of said Lot 15; thence westerly on the south line of the north 110 feet of said Lot 15 a distance of 12.22 feet to the point of beginning, containing 1,253 sq. ft. (0.03 acres, more or less), all in Buffalo County, Nebraska; and

            WHEREAS, Lowe Family Limited Partnership has granted to the City of Kearney a Warranty Deed for a tract of property described as being part of Lot 14 and part of Lot 15, Baker’s Subdivision of Lot 60, Northwest Quarter School Section Addition to the City of Kearney, Buffalo County, Nebraska more particularly described as follows: referring to the northwest corner of said Lot 15; thence southerly on the west line of said Lot 14 and Lot 15 a distance of 110.0 feet to a point of beginning; thence continuing southerly on said west line a distance of 23.8 feet to the northwest corner of said Lot 14; thence continuing on the aforedescribed course a distance of 121.2 feet; thence deflecting Left 171°49’ and in a northeasterly direction a distance of 85.93 feet to a point 12.22 feet easterly of the west line of Lot 14; thence deflecting Left 08°11’ and in a northerly direction and parallel with the aforesaid west line a distance of 36.14 feet to a point on the north line of said Lot 14; thence continuing on the aforedescribed course a distance of 23.8 feet to a point on the south line of the north 110 feet of said Lot 15; thence westerly on the south line of the north 110 feet of said Lot 15 a distance of 12.22 feet to the point of beginning, containing 1,253 sq. ft. (0.03 acres, more or less), all in Buffalo County, Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Warranty Deed be and is hereby accepted.

            PASSED AND APPROVED THIS 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7335 – AMEND 9-1402 OF THE CITY CODE

 

In February of 2007, the City Council approved the Ordinance establishing a Building Advisory Board in an effort to improve communication and customer service regarding construction related activities in the City of Kearney.

 

When adopted, the composition of the Board consisted of (7) members chosen from the citizens at large and must be represented as follows:  (1) architect, (1) structural or civil engineer, (1) realtor, (1) master plumber, (1) master electrician, (1) heating and air conditioning contractor, and (1) general contractor. City staff has received input from the building community that the board would be better served if there was a commercial contractor as well as a residential contractor instead of a general contractor.

 

Council Member Kearney introduced Ordinance No. 7335, being Subsection 1 of Agenda Item V to amend Section 9-1402 “Composition” of Article 14 “Building Advisory Board” of Chapter 9 “Public Works” to allow for the appointment of a commercial contractor and a residential contractor instead of a general contractor to serve on the Building Advisory Board, 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 Lammers 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: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7335 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lammers seconded by Lear that Ordinance No. 7335 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7335 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7336 – REZONING AT 1815 UNIVERSITY DRIVE (PERTAINS TO PUBLIC HEARING 1)

 

Council Member Lear introduced Ordinance No. 7336, being Subsection 1 of Agenda Item VI to rezone from “District R-3, Urban Residential Multi-Family District” to “District R-3/PD, Urban Residential Multi-Family District/Planned Development Overlay District” property described as Lot 8, Country Club Plaza Subdivision to the City of Kearney, Buffalo County, Nebraska (1815 University Drive), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. 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. 7336 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Clouse that Ordinance No. 7336 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7336 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. 7337 – VACATE PORTION OF SPRUCE HOLLOW ESTATES (PERTAINS TO PUBLIC HEARING 4)

 

Council Member Lear introduced Ordinance No. 7337, being Subsection 2 of Agenda Item VI to vacate Lots 1 through 6 inclusive of Block 2; Lots 1 through 5 inclusive of Block 3; Lot 1 of Block 4; Outlot “A”, Outlot “C”, 6th Avenue and 59th Street Place, all in Spruce Hollow Estates, an addition to the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. 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. 7337 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Clouse that Ordinance No. 7337 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7337 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. 7338 – REZONING SOUTH OF 60TH STREET AND EAST OF 17TH AVENUE (PERTAINS TO PUBLIC HEARING 4)

 

Council Member Lear introduced Ordinance No. 7338, being Subsection 3 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 the Southeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., containing 13.91 acres, more or less, Buffalo County, Nebraska (south of 60th Street and east of 17th 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 Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. 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. 7338 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Clouse that Ordinance No. 7338 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7338 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. 7339 – VACATE PORTION OF COTTAGE ADDITION (PERTAINS TO PUBLIC HEARING 9)

 

Council Member Lear introduced Ordinance No. 7339, being Subsection 4 of Agenda Item VI to vacate Lots 1, 2, 3, 72, 73, 74, 75, 76, 77, 146, 147, 148, Cottage Addition to the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. 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. 7339 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Clouse that Ordinance No. 7339 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7339 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. 7340 – VACATE PORTION OF MEADOWLARK GARDENS AND MEADLOWLARK GARDENS SECOND (PERTAINS TO PUBLIC HEARING 11)

 

Council Member Lear introduced Ordinance No. 7340, being Subsection 5 of Agenda Item VI to vacate Lot 1, Meadowlark Gardens Addition and Lot 1, Meadowlark Gardens Second Addition, additions to the City of Kearney, Buffalo County, Nebraska (north of Highway 30 and west of 30th 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 Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. 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. 7340 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Clouse that Ordinance No. 7340 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7340 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. 7341 – AMEND SECTION 46-107 OF THE CITY CODE (PERTAINS TO PUBLIC HEARING 12)

 

Council Member Clouse introduced Ordinance No. 7341, being Subsection 6 of Agenda Item VI to amend subparagraph B, “Salvage Services and Long-Term Vehicle Storage and Dismantling” of Section 46-107 “Supplemental Use Regulations; Industrial Uses” of Chapter 46 “Supplemental Use Regulations” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to prohibit new salvage services use being established within 125 feet of the nearest property line of pre-existing residential zoning districts or of any pre-established civic use, 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 Kearney 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: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7341 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lear, Lammers, Buschkoetter, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Lammers that Ordinance No. 7341 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7341 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. 7342 – VACATE ALLEY IN KEARNEY PLAZA SIXTH ADDITION

 

The applicant is requesting vacation of the 20-foot wide alley that is platted between West Villa Drive and Plaza Boulevard.  The alley has never been constructed.  A 20-foot wide easement will be retained for existing utilities.  One half of the vacated alley will revert to the property owners on one side and the other half of the alley will revert to the owners on the other side.

 

Council Member Lammers introduced Ordinance No. 7342, being Subsection 7 of Agenda Item VI to vacate the 20-foot alley as it abuts Lots 1 through 12 inclusive of Block 1, Kearney Plaza Sixth Addition to the City of Kearney, Buffalo County, Nebraska and abutting the east side of the southerly portion of Lot 41, Lincoln Way Villa Plots to the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Lear 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: Clouse, Kearney, Buschkoetter, Lear, Lammers. 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. 7342 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7342 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7342 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. 7343 – VACATE SETBACK LINE IN HELLMAN ADDITION

 

The applicant is requesting vacation of the existing platted setback lines on the south side of Lot 5, and along the north side of Lot 4 in Hellman Subdivision.  Both of these platted setback lines are sideyard setbacks at 7.5 feet and have been recorded on the Final Plat at the Register of Deeds Office at the Buffalo County Courthouse. The owner would like to build a house across the common lot line since the lots are under common ownership but this requires that the setback lines be vacated.

 

Council Member Buschkoetter introduced Ordinance No. 7343, being Subsection 8 of Agenda Item VI to vacate the 7.5-foot building setback line along the south property line as platted on Lot 5, Hellman Addition and the 7.5-foot building setback line along the north property line as platted on Lot 4, Hellman Addition to the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7343 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Kearney that Ordinance No. 7343 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7343 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.

 

INLINE SKATING RINK AG APOLLO PARK

 

Mayor Clouse opened for discussion the request submitted by Erika Moore to develop an inline skating rink at Apollo Park.

 

The Kearney Park and Recreation Department started an inline hockey program around 1995.  At that time, the Kearney Optimist Club sponsored and purchased a portable rink system call Border Patrol (1-foot high foam panels).  Over the years the concrete was repaired several times in order to keep the playing surface smooth.  However, due to continued concrete heaving and spawling, the Park & Rec Department deemed the surface unplayable and discontinued the program in 2006.

 

In the summer of 2006, Ms. Moore approached City staff to see if there was something that the Ice Hockey Association could do to help.  A plan was developed to put in permanent dasher boards (GamePlex) and Sport Court surfacing over the concrete.  The cost of the project would be $75,000-$80,000.  Meetings were conducted with the Adult and Youth Ice Hockey Association to determine the need for inline hockey.  Both Associations were very much in favor of the project as an inline hockey rink would supplement the ice hockey program nicely.  Inline leagues, camps, tournaments and open play could be conducted.

 

In December of 2006, the plan was presented to the Park and Recreation Advisory Board.  The Board was in favor of the project, but recommended that an inline hockey committee raise 50% of the funds. A fund raising plan has been developed that includes a corporate sponsorship package for dasher board advertising and individual donations.

 

Erika Moore presented this matter to the Council. She was representing the Kearney Inline Hockey group of Kearney.  They are proposing a Game-Plex, dasher board systems to be installed at the Apollo Park West Courts where the inline hockey previously played before they had to stop.  The recommendation is to do a sport court surface to be installed inside the dasher boards. The reason for their proposal is they believe there is very high interest in inline hockey in Kearney and the surrounding areas.  Additional space is needed beyond the First Tier Event Center to skate.

 

The concrete at Apollo Park is in fairly good condition, but not good enough to skate on safely.  The Sport Court surface would add safety and lots of color to that park.  The Kearney Park & Rec currently utilizes a 12-inch foam system called the Border Patrol that was donated by the Optimist Club. Permanent boards would allow for “drop in” play and also is better for league and tournament play in the future. This would be an opportunity to introduce hockey to more of the Kearney community in a more economical way since ice can be expensive. The location is prime since there is already storage there and it is near the swimming pool, tennis courts, basketball courts and Memorial Filed. The hill on the west side of this site makes a great built in bleacher for tournament play and contests. 

 

Ms. Moore provided some history of hockey in that area.  Last fall the inline hockey program was cancelled due to the safety conditions.  After talking with Scott Hayden from Kearney Park & Rec about what they could do to improve the safety, they began researching the cost and surfacing options. They found the concrete alone would be about $40,000.00-$60,000.00, not including the removal of the existing concrete.  It is possible that new surfacing would need to be repaired again sometime in the future because it is built over a landfill.  They looked into Sport Court service and the cost for that is $40,000.00.  They found that many small towns in Nebraska have this surface and have been very happy with it. It has lots of color, low maintenance and is aesthetically appealing. The Game-Plex dasher boards system cost plus installation is approximately $32,000.00 with benches, goals, etc. adding another $3,000.00.  The total cost of this project would be $75,000.00. 

 

They then approached user groups for support and all were in favor of getting this going. The programs that can be developed if this goes into play would be: drop in hockey play at least nine months of the year, youth and adult leagues, clinics and camps, tournaments, miscellaneous activities (dodge ball, basketball with hoops added later).  The inline hockey committee is comprised of ice hockey parents and players, who will raise at least half of this project’s cost. Fund raising will include selling sponsorships on the dasher boards and small donations by individuals and businesses. The Tri-City Storm has already offered support and promotion of this project.  They requested the City to cover half of the cost, not to exceed $40,000.00.  Their goal is to have their half of the project money committed in the next 3-6 months and collected by the first of 2008, if not sooner.  If approved, they would like to take advantage of the remaining ice hockey season to solicit funds.

 

Council member Lammers asked what the estimated life span of the materials is that would be used in building the rink.  Ms. Moore stated the sidewalls stay up all the time.  Park & Rec Superintendent Scott Hayden stated since the colors will not fade like the tennis courts that need resurfacing, he estimated 30 years on the surface material.   It is a common system in Minnesota and the northwest so it is very durable, but he was unsure of what the warranty was of the dasher boards. 

 

Mayor Clouse stated his concern was with the “Recreation Liability Act” that is going through the legislature at the State level, but should be resolved within the next several weeks. Mayor Clouse stated he did not have a problem approving it, subject to a resolution on the Recreation Liability Act within the next couple of weeks. 

 

City Manager Michael Morgan stated from a financing standpoint, the City does have funds set aside that they could divert in the Park Development Fund for $30,000.00.  So depending on the actual cost of the project, they would need to use approximately $5,000.00 of the special sales tax capital improvement program.  If for some reason, the hockey group would be able to get their money sooner, there is enough in the unallocated to cover it and definitely enough to be able to budget it for next year if needed. It would be helpful for this group to get their money commitments, if people knew the City was willing to fund their half. The Park & Rec Advisory Board and the Park Department agreed with the $30,000.00, so it would simply be a matter of authorizing the $5,000.00 of the special sales tax for this project or up to $10,000.00 depending on their total amount raised. 

 

Moved by Kearney seconded by Lammers to discuss this matter at the time the City is preparing the budget for 2007-2008. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

ORDINANCE NO. 7344 – AMEND SECTION 7-301 OF THE CITY CODE

 

The Cemetery Supervisor researched the cost of Columbarium Space and is recommending the following rate changes for the old columbarium and setting the rates for the new Columbarium that is set to be installed the week of April 9, 2007. The rate difference is based on the less popular south, or street side spaces.

 

The proposed rates are comparable to the rates of other Cemeteries in our region. The increased fees keep pace with the increasing operational expenses. The rates are as follows:

 

Columbarium 1 South – Double interment	$950.00 $600.00
Columbarium 1 South – Single interment	$650.00 $400.00
Columbarium 1 North – Double interment	$950.00 $650.00
Columbarium 1 North – Single interment	$650.00 $450.00
Columbarium 2 South – Double interment	$850.00
Columbarium 2 South – Single interment	$550.00
Columbarium 2 North – Double interment	$950.00
Columbarium 2 North – Single interment	$650.00

 

Council Member Lammers introduced Ordinance No. 7344, being Subsection 10 of Agenda Item VI to amend Section 7-301 “Sale of Lots; Purchase Price” of Article 3 “Cemeteries” of Chapter 7 “Park and Recreation” of the Code of the City of Kearney to establish a fee schedule for Columbarium 1 and Columbarium 2, 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 Lear 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: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7344 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7344 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7344 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.

 

FOUNTAIN HILLS ADDITION AGREEMENT

 

Mayor Clouse opened for discussion the Fountain Hills Addition Agreement between the City of Kearney and Grand West, LLC and to consider approval of Resolution No. 2007-67.

 

The City and the developer of Fountain Hills have formulated an agreement for the development and dedication of hike/bike trails and open space within the proposed subdivision. Park amenities include trails, a small lake and linear native flora open space. The Park and Recreation Advisory Board recommended approval of the Agreement.

 

In the formulation of this agreement, it was understood that the initial phase of the hike/bike trails would be the responsibility of the Developer. The City has already committed to a trail grant that would be applied for in 2007-2008 to extend the existing hike/bike trail from Lighthouse Point through Ted Baldwin Park and across 19th Avenue.  In 2008-2009 the City would apply for continuing the trail eastward to 17th Avenue and perhaps into the Fountain Hills Addition. The initial first phase of the Fountain Hills Addition trail system, consisting of approximately 2,080 feet with an Engineers Probable Estimate of Cost of $52,000, would be completed prior to any grant funds being available, based on the Trail Master Plan development hierarchy established by the Park and Recreation Advisory Board.  As future sections of the subdivisions are final plated, then the City and the Developer would work together to secure grant funding for those sections.  However, if said funds were not awarded, then the Developer would be responsible for completing the trails within the three year grace period.

 

Craig Bennett from Miller & Associates presented this matter to the Council. This project is for a park with hike/bike trail amenities in a subdivision that has been preliminarily platted.  This is about a 200-acre subdivision known as Fountain Hills and about 39 acres of that is already under construction

 

Currently, there is a manmade dam that has been there for about 40 years. Natural stormwater comes out of stormwater outfall pipe, goes to the end of the pavement and flows northerly in the area of the dam where it is held up for stormwater management purposes.   As Kearney has grown, Palamino Road has extended its stormwater outfall which also outlets into this area.  They will be picking up that stormwater outfall and allowing it to continue through infrastructure under the pavement into the new outfall area.  One of the features that the developer wants to maintain is keeping the native look and feel by preserving the large trees that are presently on the land. This will not be a bluegrass, mowed recreational area that is in between these lots. The dam will remain and where the stormwater collects and where it ponds has been denoted as a wetlands.  After many months of working on getting permits to go ahead and work and maintain their plan through this wetlands area, they finally have approval.  They have allowed for a 10-year stormwater detention in this area.

 

The easements will be used as public ingress/egress to the hike/bike trails. In the middle of these wetlands, they want to have a lake that could be stocked with fish and other wildlife that would be brought to this area.  There are also natural habit animals in the area such as: owls, hawks, foxes, etc. The hike/bike trail will cross the dam and tie back into Palamino Road and continue into Honey Hills Subdivision. In the future, they propose adding some sitting areas or picnic shelters along the trail. Other land options have been left open for a possible school and playground in this subdivision. They have worked with the Park & Rec staff. They also presented to the Park and Rec Advisory Board how they plan to incorporate this trail matrix into other developments in the masterplan of the hike/bike trail. 

 

Moved by Buschkoetter seconded by Clouse to approve the Fountain Hills Addition Agreement between the City of Kearney and Grand West, LLC and approve Resolutionsi No. 2007-67. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-67

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Fountain Hills Addition Agreement” between the City of Kearney and Grand West, LLC, a Nebraska Limited Liability Company for the development and dedication of hike/bike trails and open space within Fountain Hills Addition, an addition to the City of Kearney, Buffalo County, Nebraska subject to compliance of the conditions set forth in the said Agreement be and is hereby accepted and approved. The Agreement marked as Exhibit 1 is attached hereto and made a part hereof by reference.

            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 10TH DAY OF APRIL, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

OPEN ACCOUNT CLAIMS: PLATTE VALLEY STATE BANK - $41,350.20

 

Moved by Clouse seconded by Kearney that Open Account Claim in the amount of $41,350.20 payable to Platte Valley State Bank be allowed. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lammers. Nay: None. Lear abstained. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Kearney that Council adjourn at 9:54 p.m. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

                                                                                    STANLEY A. CLOUSE

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK