Kearney, Nebraska

May 8, 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 May 8, 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, Bob Lammers, and Bruce Lear (arrived at 7:15 p.m.). Absent: None.  Michael Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant to City Manager; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Jesse Hernandez, Mitch Humphrey, Paul Brungardt, Lance Lang, Max Richardson, Danny Starostka, Michael O’Brien, Carl Spelts, Bev Kimball, Gary Sorensen, John Lowe, Dan Lindstrom, Gene McElhinny, Mark Benjamin, Mike Kalb, Dennis Potthoff, 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

 

Reverend Doug Shada from Cornerstone Berean Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Five Boy Scouts from Troop 139, two Boy Scouts from Troop 158, and one Girl Scout from Troop 813 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

 

BOARD OF EQUALIZATION FOR PAVING, WATER AND SEWER

 

Mayor Clouse stated that Administration has requested to table until May 22, 2007 Paving Improvement District No. 2004-881, Water District No. 2004-530 and Sewer District No. 2004-472 for 60th Street from 2nd Avenue to 1st Avenue; Paving Improvement District No. 2004-882A, Water District No. 2004-531A and Sewer District No. 2004-473A for 1st Avenue from 60th Street to 65th Street; and Paving Improvement District No. 2004-883, Water District No. 2004-532 and Sewer District No. 2004-474 for 65th Street from 2nd Avenue east a distance of 525 feet.

 

Moved by Kearney seconded by Lammers to table until May 22, 2007 Paving Improvement District No. 2004-881, Water District No. 2004-530 and Sewer District No. 2004-472 for 60th Street from 2nd Avenue to 1st Avenue; Paving Improvement District No. 2004-882A, Water District No. 2004-531A and Sewer District No. 2004-473A for 1st Avenue from 60th Street to 65th Street; and Paving Improvement District No. 2004-883, Water District No. 2004-532 and Sewer District No. 2004-474 for 65th Street from 2nd Avenue east a distance of 525 feet.  Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lammers.  Nay: None.  Lear absent. Motion carried.

 

Mayor Clouse opened the public hearing for the Council to meet as a Board of Equalization to assess costs for Paving Improvement District No. 2002-870 for the alley between Avenue A and Avenue B from 21st Street to Railroad Street; Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891 for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition; Paving Improvement District No. 2005-893 for 9th Avenue from 10th Street to 11th Street; Paving Improvement District No. 2005-896 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Paving Improvement District No. 2005-897 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; Paving Improvement District No. 2005-898 for Redwood Lane from the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; Paving Improvement District No. 2005-900 for the alley lying south of 11th Street as it abuts Lots 41, 42, 51, and 52, South Kearney Addition; Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; Paving Improvement District No. 2005-903 for Avenue N from the north lot line of Lot 5 of Block 2, Stoneridge Third Addition and the south lot line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a distance of 1,698.08± feet; Paving Improvement District No. 2005-904A for Avenue N from the south lot line of Lot 4, Eastbrooke Fourth Addition, thence north a distance of 210± feet; Water District No. 2004-529* for LaPlatte Road from Plaza Boulevard east/southeasterly to the south line of Lot 10 of Block 2 and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Water District No. 2004-535 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition; Water District No. 2005-536 for 9th Avenue from 10th Street to 11th Street; Water District No. 2005-537 for a 20-foot waterline easement along the south line of Lot 2 of Block 1, Sorensen Park Fourth Addition; Water District No. 2005-538 for a 10-foot utility easement along the west line of Lot 1 of Block 2, Sorensen Park Fourth Addition; Water District No. 2005-539 for 52nd Street from 2nd Avenue west to 3rd Avenue; Sewer District No. 2004-478 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition; Sewer District No. 2005-479 for 9th Avenue from 10th Street to 11th Street; Sewer District No. 2005-480 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Sewer District No. 2005-481 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; Sewer District No. 2005-482 for Redwood Lane from the west line of LaPlatte Road to its terminus in a cul-de-sac; Sewer District No. 2005-483 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition and to consider approval of Resolution No. 2007-78.

 

After completion of the construction projects, the City hired a title company to complete property abstracts so that assessments could be levied.  These districts have been completed and, in order to satisfy state law, when paving, water and sewer districts are completed, the City Council must act as a Board of Equalization to levy assessments on properties so benefited. Property owners will then be required to pay the first installment within 50 days (June 7, 2007) or will be able to pay the entire assessment without any interest prior to this date. 

 

Paving Improvement District Nos. 2005-903 and 2005-904A pertain to the improvement of Avenue N.  Avenue N is considered the reconstruction of an arterial street and according to the City’s policy single family and duplex development along arterial streets are not assessed for paving improvements.  The intent of the policy was to give developers an incentive to develop low density residential along the arterial street system in order to reduce the access points improving safety and traffic flow along our arterial street system.  Therefore, all the properties, at this point, are considered residential low density and there will be no assessments. There is one property owner who did not qualify for residential low density and he has been granted an agricultural deferment.

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Buschkoetter to close the hearing for the Council to meet as a Board of Equalization to assess costs for Paving Improvement District No. 2002-870 for the alley between Avenue A and Avenue B from 21st Street to Railroad Street; Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891 for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition; Paving Improvement District No. 2005-893 for 9th Avenue from 10th Street to 11th Street; Paving Improvement District No. 2005-896 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south lot line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Paving Improvement District No. 2005-897 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; Paving Improvement District No. 2005-898 for Redwood Lane from the west right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; Paving Improvement District No. 2005-900 for the alley lying south of 11th Street as it abuts Lots 41, 42, 51, and 52, South Kearney Addition; Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; Paving Improvement District No. 2005-903 for Avenue N from the north lot line of Lot 5 of Block 2, Stoneridge Third Addition and the south lot line of Lot 4 of Block 2, Eastbrooke Sixth Addition, north a distance of 1,698.08± feet; Paving Improvement District No. 2005-904A for Avenue N from the south lot line of Lot 4, Eastbrooke Fourth Addition, thence north a distance of 210± feet; Water District No. 2004-529* for LaPlatte Road from Plaza Boulevard east/southeasterly to the south line of Lot 10 of Block 2 and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Water District No. 2004-535 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition; Water District No. 2005-536 for 9th Avenue from 10th Street to 11th Street; Water District No. 2005-537 for a 20-foot waterline easement along the south line of Lot 2 of Block 1, Sorensen Park Fourth Addition; Water District No. 2005-538 for a 10-foot utility easement along the west line of Lot 1 of Block 2, Sorensen Park Fourth Addition; Water District No. 2005-539 for 52nd Street from 2nd Avenue west to 3rd Avenue; Sewer District No. 2004-478 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition; Sewer District No. 2005-479 for 9th Avenue from 10th Street to 11th Street; Sewer District No. 2005-480 for LaPlatte Road from the east line of Plaza Boulevard, thence east/southeasterly to the south line of Lot 10 of Block 2, and the south line of Lot 27 of Block 3, Kearney Plaza Subdivision; Sewer District No. 2005-481 for Cedar Lane from the east right-of-way line of LaPlatte Road to its terminus in a cul-de-sac; Sewer District No. 2005-482 for Redwood Lane from the west line of LaPlatte Road to its terminus in a cul-de-sac; Sewer District No. 2005-483 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition and approve Resolution No. 2007-78. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.

 

RESOLUTION NO. 2007-78

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA:

            Section 1.  The President and Council find and determine that the street in Paving Improvement District No. 2002-870, 2004-890, 2004-891, 2005-893, 2005-896, 2005-897, 2005-898, 2005-900, 2005-901, 2005-902, 2005-903, 2005-904A have been improved by paving, curbing and guttering and incidental work, that none of the properties listed, which list is marked Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said improvements and the total amount of said special assessments does not exceed the costs of said improvements exclusive of the cost of the intersections and areas formed by the crossing of streets, avenues and alleys as heretofore determined by the Mayor and City Council.

            Section 2.  That the water mains heretofore ordered installed in Water District Nos. 2004-529*, 2004-535, 2005-536, 2005-537, 2005-538, 2005-539 have been installed, together with all incidental work thereto by the City Utilities Department, and that none of the properties listed, which is marked “Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said water mains and the total amount of said special assessments does not exceed the costs of said improvements as heretofore determined by the Mayor and City Council.

            Section 3.  That the sewer mains heretofore ordered installed in Sewer District Nos. Sewer District No. 2004-478, 2005-479, 2005-480, 2005-481, 2005-482, 2005-483 have been installed, together with all incidental work thereto by the City Utilities Department, and that none of the properties listed, which is marked “Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said sewer mains and the total amount of said special assessments does not exceed the costs of said improvements as heretofore determined by the Mayor and City Council.

            Section 4.  Notice of the time and purpose of hearing on special assessments for equalizing said special assessments has been published as provided by law in the Kearney Hub, and a copy of said notice mailed by certified mail to each party known to have a direct legal interest therein.

            Section 5.  That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground.  Said assessments for Paving Improvement District Nos. 2002-870, 2004-890, 2004-891, 2005-893, 2005-896, 2005-897, 2005-898, 2005-900, 2005-901, 2005-902, 2005-903, 2005-904A shall become delinquent as follows:

            1/10th fifty days after date of this Resolution

            1/10th one year after date of this Resolution

            1/10th two years after date of this Resolution

            1/10th three years after date of this Resolution

            1/10th four years after date of this Resolution

            1/10th five years after date of this Resolution

            1/10th six years after date of this Resolution

            1/10th seven years after date of this Resolution

            1/10th eight years after date of this Resolution

            1/10th nine years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of seven per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

            Section 6.  That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground.  Said assessments for Water District Nos. 2004-529*, 2004-535, 2005-536, 2005-537, 2005-538, 2005-539 shall become delinquent as follows:

            1/5th fifty days after date of this Resolution

            1/5th one year after date of this Resolution

            1/5th two years after date of this Resolution

            1/5th three years after date of this Resolution

            1/5th four years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of seven per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

            Section 7.  That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground.  Said assessments for Sewer District Nos. 2004-478, 2005-479, 2005-480, 2005-481, 2005-482, 2005-483 shall become delinquent as follows:

            1/5th fifty days after date of this Resolution

            1/5th one year after date of this Resolution

            1/5th two years after date of this Resolution

            1/5th three years after date of this Resolution

            1/5th four years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of seven per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

            PASSED AND APPROVED THIS 8TH DAY OF MAY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

AMEND LAND USE MAP – 6460 17TH AVENUE

 

Public hearings 2 and 3 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Low Density Residential” to “Rural Estates” property described as the south 525.0 feet of the east 954.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 11.50 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (6460 17th Avenue) and to consider approval of Resolution No. 2007-79. Planning Commission recommended approval.

 

The applicant is requesting approval to add a strip of land to the 11.0 acre parcel that he rezoned in February this year.  The parcel is located north of town in the Two-Mile Extra Territorial Zoning Jurisdiction at 6460 17th Avenue, on the west side of 17th Avenue approximately ½ mile north of 56th Street. The proposed use is for a rural residence but when Mr. Dush picked his preferred building site the house would be too close to the rear lot line. Mr. Dush went before the Board of Adjustment requesting a variance but the Board believed that 11 acres of land allows plenty of room to site a single‑family house and meet all the required setbacks. The variance request was denied.  Now Mr. Dush has purchased a 40-foot strip of land that runs the length of the rear property line from the neighboring property owner that adds enough depth to the parcel for the house location to comply with setback requirements. The Building and Zoning Division has worked with the applicant to issue a building permit once the additional land was acquired and the house is currently under construction. The new strip of land must be rezoned from Agricultural to RR-1 and an amendment to the land use map is required.  By state statute, a subdivision is not required since the overall parcel size exceeds 10 acres.

 

The Future Land Use Map of the City of Kearney Comprehensive Development Plan shows this area to be “Low Density Residential”. The single rural lot will require amending the map to “Rural Estates”, the corresponding land use category for the requested zoning of RR-1.

 

The strip of land in question has never been zoned so is considered Agricultural by default.  The rezoning request is from Agricultural to RR-1, Rural Residential District (Rural Standards). To simplify this application the rezoning request is for the entire collective parcel including the newly acquired strip of land. Therefore, the new strip of land will be rezoned accordingly and the balance of the parcel is getting rezoned again, even though it was properly rezoned in February to RR-1. This approach was deemed simpler than trying to describe the 40-foot strip as a stand-alone parcel for rezoning.

 

Staff repeated concerns that were raised in February about zoning a 10 plus acre tract for rural development in a location that will someday urbanize. The cost of urban services will be expensive for a parcel of this size. Therefore, staff has advised the applicant to place the house on the parcel in such a way that the land can be further subdivided to mitigate the cost of public services in the future.

 

Brad Dush was present to answer any questions from the Council.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Clouse to close the hearing and approve the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Low Density Residential” to “Rural Estates” property described as the south 525.0 feet of the east 954.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 11.50 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (6460 17th Avenue) and approve Resolution No. 2007-79. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.

 

RESOLUTION NO. 2007-79

 

            WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of property described as the south 525.0 feet of the east 954.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 11.50 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (6460 17th Avenue), from “Low Density Residential” to “Rural Estates”, and

            WHEREAS, the said application for change in the Comprehensive Land Use Plan has been approved by the City Planning Commission, after a public hearing properly published and held, and

            WHEREAS, the City Council has held a public hearing upon the said revision and voted in favor of a motion to approve the change in the Land Use Plan as requested by the applicant.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Low Density Residential” to “Rural Estates” the use classification for the area described as a tract of property described as the south 525.0 feet of the east 954.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 11.50 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (6460 17th Avenue).

            PASSED AND APPROVED THIS 8TH DAY OF MAY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

REZONING – 6460 17TH AVENUE

 

Public hearings 2 and 3 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Brad and Beth Dush (Applicant) and Keith and Janice Kuebler (Owner) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as the south 525.0 feet of the east 954.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 11.50 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska 6460 17th Avenue). Planning Commission recommended approval.

 

Moved by Clouse seconded by Kearney to close the hearing and approve the Application submitted by Brad and Beth Dush (Applicant) and Keith and Janice Kuebler (Owner) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as the south 525.0 feet of the east 954.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 11.50 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska 6460 17th Avenue). Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lammers. Nay: None. Lear absent. Motion carried.

 

CONDITIONAL USE PERMIT – USCOC NEBRASKA/KANSAS AND BUFFALO COUNTY AGRICULTURAL ASSOCIATION

 

Mayor Clouse opened the public hearing on the Application submitted by Jesse Hernandez from USCOC Nebraska/Kansas LLC (Applicant) and Buffalo County Agricultural Association (Owner) for a Conditional Use Permit to replace an existing 125-foot monopole with a new 125-foot monopole on property zoned “District AG, Agricultural District” and described as a tract of land being part of the North Half of the Northwest Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (1711 East 39th Street).  Planning Commission recommended approval.

 

The applicant is requesting a Conditional Use Permit (CUP) to replace a previously approved and previously existing 125-foot tall monopole tower with a new 125-foot tall monopole tower at the Buffalo County Fairgrounds.  A temporary tower and associated fence for security are currently located on the site and will be removed when the monopole tower is constructed.  This property is zoned Agricultural and is quasi-public since it is part of the Fairgrounds, although the property is managed by the Buffalo County Agricultural Society. 

 

The application includes site plans and details for the new tower. The proposal is straight‑forward as a tower of identical height was previously approved here within feet of the proposed foundation including all FAA and FCC requirements. A new foundation and footings will be constructed. The applicant shall submit structural plans sealed by a structural engineer licensed in the State of Nebraska depicting the design of the proposed foundation/footing before any building permits are issued. The applicant is reminded that the City of Kearney Telecommunications Ordinance requires new towers to accommodate co-locators. The proposed tower will accommodate up to three co-locators, depending on the height or tower elevation they require. Planning Commission instructed staff to compile statistics on the number of towers in the City of Kearney jurisdiction and how many proposed co-location sites are offered on those towers and how many companies have actually co-located on them. It seems that co-location is a good idea, but in reality there are not many companies that want to co-locate. 

 

Jesse Hernandez from USCOC Nebraska/Kansas presented this matter to the Council.  This request is to replace the old monopole with a new one at the same location within the same lease area.  The only change is the actual pole.  The existing pole is an older one that was acquired from before they were US Cellular in this area. During their inspection process, it was determined there were signs of deterioration.  The decision to replace that tower was based on beinging pro-active.  This tower is engineered for four spaces.  The top space is for US Cellular and three additional spaces for future co-location opportunities.  This is not impacting anything but US Cellular. 

 

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 Jesse Hernandez from USCOC Nebraska/Kansas LLC (Applicant) and Buffalo County Agricultural Association (Owner) for a Conditional Use Permit to replace an existing 125-foot monopole with a new 125-foot monopole on property zoned “District AG, Agricultural District” and described as a tract of land being part of the North Half of the Northwest Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (1711 East 39th Street) subject to the City receiving the signed Acknowledgment. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. Motion carried.

 

Council member Lear arrived at the meeting at this time (7:15 p.m.)

 

DEVELOPMENT PLAN FOR 2811 30TH AVENUE

 

Mayor Clouse opened the public hearing on the Application submitted by Paul Brungardt from Brungardt Engineering (Applicant) for Central Nebraska Insurance Properties (Owner) for Revised Planned District Development Plan Approval for the construction of an addition to a commercial/counseling office on property zoned “District C‑O/PD, Office District/Planned Development Overlay District” and described as Lot 2 of Block 2, Highland Park Addition, an addition to the City of Kearney, Buffalo County, Nebraska (2811 30th Avenue) and to consider approval of Resolution No. 2007-80.  Planning Commission recommended approval subject to the conditions of the agreement; (2) the 20-foot bufferyard on the south and east has not been provided; therefore, the Landscape Plan shall be revised to show tree plantings on the adjacent lot to the south and shall be submitted prior to the commencement of any work on the property; and (3) the deviation from Code requirements on the 25-foot rear building setback adjacent to the east property line be granted.

 

The applicant is requesting review and approval of Revised Development Plans for an addition to the existing office building located at 2811 30th Avenue. The property is currently zoned C-0/PD, Commercial Office District with Planned Development Overlay District.

 

Staff has reviewed the Development Plans and offers the following project summary:

·         The existing building footprint is 1,252 square feet and the proposed addition is 960 square feet for a total footprint of 2,212 square feet. There is a partial basement included; 276 square feet existing and 435 square feet proposed so that the total amount of proposed building space will be 2,923 square feet.

·         There are twelve total parking stalls required by code and fourteen are provided.

·         The required stormwater detention cell is located on the adjacent lot to the south.  See comments below regarding agreement with adjacent owner.

·         The building materials for the addition will match the existing building materials.

·         The sign will be relocated.

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

·         Two deviations are required as listed below.

 

Staff recommends that the following conditions be met as specified:

 

1.   Need a revised letter of agreement between the adjacent lot owner to the south, Donna Bamford and the owner of record, signed, dated and notarized indicating agreement of both parties to the following items:

            a.   Agreement to the detention cell, grading and landscaping for the proposed project to be located on the Bamford property as shown on site plan.

            b.   Agreement to a shared access entrance off of 30th Avenue across Lot 2 for Lot 3, Highland Park Addition.

            c.   All documentation for the stormwater detention cell and shared access entrance off of 30th Avenue for Lots 2, 3 of Highland Park Addition shall be referenced in a letter of agreement or an easement. 

 

The letter of agreement has been provided and is part of the City Council packet.  City Staff recommends that the letter of agreement or easement be filed at the Register of Deeds Office prior to the issuance of the building permit. Staff suggests that the developer secure an easement for the property on the adjacent lot that will contain the stormwater cell and landscaping. Even better would be for the developer to purchase the adjacent lot so that everything is under common ownership. The developer agrees and would like to purchase the property but is unable to do so at this time as it is tied up in some legal matters of estate. In the future, the developer hopes to purchase the 40-foot strip from Ms. Bamford.

 

2.   The applicant is requesting two deviations from code requirements as follows:

·         the required 25 foot rear building setback adjacent to the east property line cannot be provided; and

·         the landscaping requirements cannot be met with current proposal. The required 20 foot bufferyard on south and east has not been provided because there is not adequate space to the east. Staff recommends that the Landscape Plan be revised to show tree plantings on the adjacent lot to the south that would be equal to the bufferyard requirements. The applicant has agreed in the letter to relocate two spruce trees and plant an additional three conifer trees for a total of five conifer trees along the south side of the detention area.  No landscape plan has been submitted and staff requests a landscape Plan prior to the City Council meeting.

 

Michael O’Brien, 2811 30th Avenue stated that at the time this office building was constructed they were dealing with the current covenant restrictions with rezoning and also it was unknown who had jurisdiction with the widening of 30th Avenue.  In order to be sensitive to those and enable them to blend well with commercial/residential in the area, the Planning Commission came up with some ideas. The first was to set the building as far back as possible and tuck it into the existing trees. They also went with a brick face and traditional house lights instead of commercial lighting.  In the beginning when they set it in to that rear setback, it created some problems, so are asking for a deviation. The ground behind and to the south of the building is owned by Donna Bamford, who has agreed to let them encroach in that area. Behind the trees is an existing brick building which is seven foot to the property line. Their building will be about 12 foot from the property line. The other thing that was pertinent to the Council was access to 30th Avenue.  In their agreement they agreed that Lots 2, 3 and 4 which he and the Bamfords own would have mutual access.  Because of the location of the fire hydrant, it did not allow them to split that, so they took all the entrance and put it on their property.  In return, the Bamfords allowed them to put the detention cell on their property.

 

The problem now is the request for a deviation to the side yard setback.  From where their building stands there is a drastic down flow.  The nearest building that could be built is approximately 45 feet, so far exceeding that piece of ground.  His hope is to actually purchase the rest of that ground (40 feet) and make some outdoor places for their counselors to be able to counsel outdoors.  Donna Bamford is currently unable to discuss selling that property because of the recent death of her husband. She indicated they could discuss it in the future when those processes are completed.  Mr. O’Brien stated he will continue the brick façade with the same theme as the existing building.  The other concern with the detention cell is the fact that subdivision always had difficulty with the rains that created a 4 x 2 foot trench that ran all the way through.  This detention cell has almost allowed the trench to be healed over the past six years.

 

Paul Brungardt stated the detention cell on the Bamford’s property will not be relocated.  The proposed new addition is north of the detention cell.  Two existing trees will be replanted on the south side of the detention cell with three new trees.  The zoning is C0/PD for the lot to the north and the current lot which is surrounded by R-1 zoning which requires a 25-foot setback and a 20-foot buffer setback both of which will require a variance.  The proposed addition is 20 foot wide by 29 foot deep which will stay flush with the east side of the building and extend to the south.  The building is currently 21.6 feet off the property line on the north edge and with the proposed addition it would be about 10.4 feet off the property line.  Because there is a sharp drop off on the side of the hill and for erosion control they will again level it out and add three more parking stalls for a total of fourteen stalls for the site.  They will maintain the berm slope of the detention cell and an 8-inch storm sewer pipe that discharges the out flow and would not be impeding on anyone down stream.  The current sign that sits out front of the building will be relocated into the green space in front of the parking lot.  They will match the brick which will wrap around the south side of the building approximately two foot and keep the roofline of the existing building.   The plan will put in another entrance with a full basement.  The biggest difference is that there is only a partial basement which is only six feet tall.  They will be able to put a full size basement with an 8-foot ceiling which will be only for mechanical and storage. 

 

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 Central Nebraska Insurance Properties (Owner) for Revised Planned District Development Plan Approval for the construction of an addition to a commercial/counseling office on property zoned “District C‑O/PD, Office District/Planned Development Overlay District” and described as Lot 2 of Block 2, Highland Park Addition, an addition to the City of Kearney, Buffalo County, Nebraska (2811 30th Avenue) and approve Resolution No. 2007-80 subject to compliance with the following conditions: (1) all conditions will be met as outlined in the “Detention Cell and Access Agreement” dated April 30, 2007; (2) the 20-foot bufferyard on the south and east has not been provided; therefore, the Landscape Plan shall be revised to show tree plantings on the adjacent lot to the south; (3) a Landscape Plan shall be submitted prior to the commencement of any work on the property; and (4) the deviation from Code requirements on the 25-foot rear building setback adjacent to the east property line is granted. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-80

 

            WHEREAS, Paul Brungardt from Brungardt Engineering (Applicant) for Central Nebraska Insurance Properties (Owner) has applied for Revised Planned District Development Plan Approval for the construction of an addition to a commercial/counseling office on property zoned “District C-0/PD, Office District/Planned Development Overlay District” and described as Lot 2 of Block 2, Highland Park Addition, an addition to the City of Kearney, Buffalo County, Nebraska (2811 30th 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 Central Nebraska Insurance Properties (Owner) for Revised Planned District Development Plan Approval for the construction of an addition to a commercial/counseling office on property zoned “District C-0/PD, Office District/Planned Development Overlay District” and described as Lot 2 of Block 2, Highland Park Addition, an addition to the City of Kearney, Buffalo County, Nebraska (2811 30th Avenue) be approved subject to compliance with the following conditions: (1) all conditions will be met as outlined in the “Detention Cell and Access Agreement” dated April 30, 2007; (2) the 20-foot bufferyard on the south and east has not been provided; therefore, the Landscape Plan shall be revised to show tree plantings on the adjacent lot to the south; (3) a Landscape Plan shall be submitted prior to the commencement of any work on the property; and (4) the deviation from Code requirements on the 25-foot rear building setback adjacent to the east property line is granted.

            PASSED AND APPROVED THE 8TH DAY OF MAY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

FINAL PLAT FOR JEAN MICHEL OF CHATEAU MARTEAU

 

Public Hearings 6 and 7 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Fred E. Hammer, Trustee of the Fred E. Hammer Living Trust dated November 8, 1996 (Owner) for final plat and Subdivision Agreement approval for “JEAN MICHEL OF CHATEAU MARTEAU” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 2 of Block 1 (to be vacated) and part of 10th Street (to be vacated) located in Hammer-McCarty Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the West Half of Northwest Quarter of the Northeast Quarter and part of Government Lot 3 and accretions all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., containing 4.61 acres, more or less, all located in Buffalo County, Nebraska (south of 11th Street and north of 4th Street) and to consider approval of Resolution No. 2007-81.  Planning Commission recommended approval.

 

The applicant is requesting approval to plat a tract of land consisting of 34.53 acres located south of 11th Street, north of 4th Street and east of Rapp Addition.  The property is zoned R-1, Urban Residential Single-Family Dwelling District (Low Density).  Lot 2, Block 1 and part of 10th Street located in Hammer-McCarty Addition must be vacated and combined with unplatted land to create the new subdivision to be known as Jean Michel of Chateau Marteau. The Preliminary Plat consists of 76 lots averaging about 10,000 square feet on 34.53 acres.  The Final Plat features 15 lots on 4.61 acres.  A Subdivision Agreement has been prepared.  A  Public Works Plan has been submitted for this subdivision.  The Utilities Department has reviewed the Public Works Plan for feasibility and the optimum plan for providing sewer to the area for this phase and current phases has been agreed upon and shown on the plan. This property is contiguous to the current city limits and can be served by municipal water and sanitary sewer and therefore should be annexed into the corporate limits.

 

Mitch Humphrey presented this matter to the Council. Several years ago with the platting known as the Hammer-McCarty Addition enabled them to dedicate four or five single family residential lots on the west side of 9th Avenue.  They were able to create a lot for the Buffalo County Historical Society that was in essence granted to them, leaving a large lot that was retained by Mr. Hammer.

 

The plan is to plat approximately 15 lots, rezone south of 10th Street and vacate a pie shaped portion of 10th Street.  They will relocate and bend it down to the south in order to accomplish some of Mr. Hammer’s requirements of what he would like to see by not having perfectly straight streets. He wants some contour to the streets in the development.  Mr. Hammer has been working with neighbors to resolve some potential zoning conflicts. 

 

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 Fred E. Hammer, Trustee of the Fred E. Hammer Living Trust dated November 8, 1996 (Owner) for final plat and Subdivision Agreement approval for “JEAN MICHEL OF CHATEAU MARTEAU” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 2 of Block 1 (to be vacated) and part of 10th Street (to be vacated) located in Hammer-McCarty Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the West Half of Northwest Quarter of the Northeast Quarter and part of Government Lot 3 and accretions all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., containing 4.61 acres, more or less, all located in Buffalo County, Nebraska (south of 11th Street and north of 4th Street) and approve Resolution No. 2007-81. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-81

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “JEAN MICHEL OF CHATEAU MARTEAU” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being Lot 2 (now vacated), Block One, and part of 10th Street (now vacated), a street in the City of Kearney, Buffalo County, Nebraska, located in Hammer-McCarty Addition, an addition to the City of Kearney, Buffalo County, Nebraska and a tract of land being part of the West Half of the Northwest Quarter of the Northeast Quarter all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, all more particularly described as follows: Referring to the northwest corner of the Northeast Quarter of Section 11 and assuming the west line of the Northeast Quarter of Section 11 as bearing S01°24'09"W and all bearings contained herein are relative thereto; thence S01°24'09"W and on the west line of the Northeast Quarter of said Section 11 a distance of 20.0 feet to the northwest corner of Lot I, Block Two, Hammer-McCarty Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing S01°24'09"W and on the west line of the Northeast Quarter of said Section 11 and on the west line of said Block Two, Hammer-McCarty Addition a distance of 396.76 feet; thence leaving the west line of the Northeast Quarter of said Section 11, S89°32'58"E and continuing on the west line of said Block Two, Hammer-McCarty Addition a distance of 16.70 feet; thence S00°32'18"W and continuing on the west line of said Block Two, Hammer-McCarty Addition a distance of 97.80 feet to the ACTUAL PLACE OF BEGINNING, said point also being the southwest corner of Lot 6 of said Block Two, Hammer-McCarty Addition; thence leaving the west line of said Block Two, Hammer-McCarty Addition S00°32'18"W a distance of 219.00 feet; thence S88°23'23"E a distance of 136.82 feet; thence S79°35'51"E a distance of 66.00 feet; thence N10°24'09"E a distance of 15.96 feet to a point of curvature; thence on a 533.0 foot radius curve to the left forming a central angle of 02°45'48" an arc distance of 25.71 feet; thence leaving said curve, nontangent N83°48'18"E a distance of 75.58 feet; thence N78°53'05"E a distance of 119.60 feet; thence N86°24'46"E a distance of 201.42 feet to the southwest corner of Lot 9, Block Two, Centennial Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska; thence N01°53'05"E and on the west line of said Lot 9, Block Two, Centennial Subdivision, a distance of 133.0 feet to the northwest corner of said Lot 9, Block Two, Centennial Subdivision, said point also being the southeast corner of 10th Street as dedicated and shown on the plat of said Hammer-McCarty Addition; thence leaving the west line of said Centennial Subdivision, N88°23'23"W and on the south line of said 10th Street a distance of 342.68 feet to a point on a nontangent 220.0 foot radius curve, concave northwesterly; thence northeasterly and leaving the south line of said 10th Street on said nontangent curve forming a central angle of 18°07'05" an arc distance of 69.57 feet to a point of tangency; said point being N82°33'05"E, a chord distance of 69.28 feet from the previously described point; thence tangent N73°29'32" E a distance of 72.34 feet to a point on the east line of said Lot 2, Block One, Hammer-McCarty Addition (if extended southerly); thence N01°2S'16"E and on the east line of said Lot 1, Block One, Hammer-McCarty Addition, (if extended southerly) a distance of 358.31 feet to the southeast corner of Maurer Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing on the easterly line of said Lot 1, Block One, Hammer-McCarty Addition, and on the south line of said Lot 2, Maurer Addition, N88°02'39"W a distance of 50.00 feet to the southeast corner of said Lot 2, Maurer Addition; thence continuing on the east line of said Lot 2, Block One, Hammer-McCarty Addition, N01°25'16"E and on the west line of said Lot 2, Maurer Addition, a distance of 100.00 feet to the northeast corner of said Lot 2, Block One, Hammer-McCarty Addition, said point also being the northwest corner of said Lot 2, Maurer Addition; thence leaving the east line of said Lot 2, Block One, Hammer-McCarty Addition, N88°02'39"W and on the north line of said Lot 2, Block One, Hammer-McCarty Addition, a distance of 174.43 feet to the northwest corner of said Lot 2, Block One, Hammer-McCarty Addition; thence leaving the north line of said Lot 2, Block One, Hammer-McCarty Addition, S01°24'09"W and on the west line of said Lot 2, Block One, Hammer-McCarty Addition a distance of 80.56 feet to a point of curvature; thence on a 467.0 foot radius curve to the left forming a central angle of 10°50'48" and continuing on the west line of said Lot 2, Block One, Hammer-McCarty Addition an arc distance of 88.41 feet to a point of tangency; thence tangent S09°26'39"E and continuing on the west line of said Lot 2, Block One, Hammer-McCarty Addition a distance of 116.43 feet to a point of curvature; thence on a 533.0 foot radius curve to the right forming a central angle of 10°50'48" and continuing on the west line of said Lot 2, Block One, Hammer-McCarty Addition, an arc distance of 100.9 feet to a point of tangency; thence tangent S01°24'09"W and on the west line of said Lot 2, Block One, Hammer-McCarty Addition (if extended southerly) a distance of 110.12 feet to a point on the south line of said part of 10th Street (now vacated), said point also being on the south line of said Hammer-McCarty Addition; thence leaving the west line of said Lot 2, Block One, Hammer-McCarty Addition (if extended southerly), N88°23'23"W and on the south line of said 10th Street and said Hammer-McCarty Addition, a distance of 214.37 feet to the place of beginning, containing 4.61 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 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 8TH DAY OF MAY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

ANNEXATION OF JEAN MICHEL CHATEAU MARTEAU

 

Public Hearings 6 and 7 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Fred E. Hammer, Trustee of the Fred E. Hammer Living Trust dated November 8, 1996 (Owner) for the annexation of “JEAN MICHEL OF CHATEAU MARTEAU” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 2 of Block 1 (to be vacated) and part of 10th Street (to be vacated) located in Hammer-McCarty Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the West Half of Northwest Quarter of the Northeast Quarter and part of Government Lot 3 and accretions all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., containing 4.61 acres, more or less, all located in Buffalo County, Nebraska (south of 11th Street and north of 4th Street) and to consider approval of Resolution No. 2007-82. Planning Commission recommended approval.

 

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 Mitch Humphrey from Buffalo Surveying (Applicant) for Fred E. Hammer, Trustee of the Fred E. Hammer Living Trust dated November 8, 1996 (Owner) for the annexation of “JEAN MICHEL OF CHATEAU MARTEAU” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 2 of Block 1 (to be vacated) and part of 10th Street (to be vacated) located in Hammer-McCarty Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the West Half of Northwest Quarter of the Northeast Quarter and part of Government Lot 3 and accretions all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., containing 4.61 acres, more or less, all located in Buffalo County, Nebraska (south of 11th Street and north of 4th Street) and approve Resolution No. 2007-82. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-82

 

            WHEREAS, an Application has been submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Fred E. Hammer, Trustee of the Fred E. Hammer Living Trust dated November 8, 1996 (Owner) for the inclusion of “JEAN MICHEL OF CHATEAU MARTEAU” an addition within the corporate boundaries of the City of Kearney said property described as a tract of land being Lot 2 (now vacated), Block One, and part of 10th Street (now vacated), a street in the City of Kearney, Buffalo County, Nebraska, located in Hammer-McCarty Addition, an addition to the City of Kearney, Buffalo County, Nebraska and a tract of land being part of the West Half of the Northwest Quarter of the Northeast Quarter all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, all more particularly described as follows: Referring to the northwest corner of the Northeast Quarter of Section 11 and assuming the west line of the Northeast Quarter of Section 11 as bearing S01°24'09"W and all bearings contained herein are relative thereto; thence S01°24'09"W and on the west line of the Northeast Quarter of said Section 11 a distance of 20.0 feet to the northwest corner of Lot I, Block Two, Hammer-McCarty Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing S01°24'09"W and on the west line of the Northeast Quarter of said Section 11 and on the west line of said Block Two, Hammer-McCarty Addition a distance of 396.76 feet; thence leaving the west line of the Northeast Quarter of said Section 11, S89°32'58"E and continuing on the west line of said Block Two, Hammer-McCarty Addition a distance of 16.70 feet; thence S00°32'18"W and continuing on the west line of said Block Two, Hammer-McCarty Addition a distance of 97.80 feet to the ACTUAL PLACE OF BEGINNING, said point also being the southwest corner of Lot 6 of said Block Two, Hammer-McCarty Addition; thence leaving the west line of said Block Two, Hammer-McCarty Addition S00°32'18"W a distance of 219.00 feet; thence S88°23'23"E a distance of 136.82 feet; thence S79°35'51"E a distance of 66.00 feet; thence N10°24'09"E a distance of 15.96 feet to a point of curvature; thence on a 533.0 foot radius curve to the left forming a central angle of 02°45'48" an arc distance of 25.71 feet; thence leaving said curve, nontangent N83°48'18"E a distance of 75.58 feet; thence N78°53'05"E a distance of 119.60 feet; thence N86°24'46"E a distance of 201.42 feet to the southwest corner of Lot 9, Block Two, Centennial Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska; thence N01°53'05"E and on the west line of said Lot 9, Block Two, Centennial Subdivision, a distance of 133.0 feet to the northwest corner of said Lot 9, Block Two, Centennial Subdivision, said point also being the southeast corner of 10th Street as dedicated and shown on the plat of said Hammer-McCarty Addition; thence leaving the west line of said Centennial Subdivision, N88°23'23"W and on the south line of said 10th Street a distance of 342.68 feet to a point on a nontangent 220.0 foot radius curve, concave northwesterly; thence northeasterly and leaving the south line of said 10th Street on said nontangent curve forming a central angle of 18°07'05" an arc distance of 69.57 feet to a point of tangency; said point being N82°33'05"E, a chord distance of 69.28 feet from the previously described point; thence tangent N73°29'32" E a distance of 72.34 feet to a point on the east line of said Lot 2, Block One, Hammer-McCarty Addition (if extended southerly); thence N01°2S'16"E and on the east line of said Lot 1, Block One, Hammer-McCarty Addition, (if extended southerly) a distance of 358.31 feet to the southeast corner of Maurer Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing on the easterly line of said Lot 1, Block One, Hammer-McCarty Addition, and on the south line of said Lot 2, Maurer Addition, N88°02'39"W a distance of 50.00 feet to the southeast corner of said Lot 2, Maurer Addition; thence continuing on the east line of said Lot 2, Block One, Hammer-McCarty Addition, N01°25'16"E and on the west line of said Lot 2, Maurer Addition, a distance of 100.00 feet to the northeast corner of said Lot 2, Block One, Hammer-McCarty Addition, said point also being the northwest corner of said Lot 2, Maurer Addition; thence leaving the east line of said Lot 2, Block One, Hammer-McCarty Addition, N88°02'39"W and on the north line of said Lot 2, Block One, Hammer-McCarty Addition, a distance of 174.43 feet to the northwest corner of said Lot 2, Block One, Hammer-McCarty Addition; thence leaving the north line of said Lot 2, Block One, Hammer-McCarty Addition, S01°24'09"W and on the west line of said Lot 2, Block One, Hammer-McCarty Addition a distance of 80.56 feet to a point of curvature; thence on a 467.0 foot radius curve to the left forming a central angle of 10°50'48" and continuing on the west line of said Lot 2, Block One, Hammer-McCarty Addition an arc distance of 88.41 feet to a point of tangency; thence tangent S09°26'39"E and continuing on the west line of said Lot 2, Block One, Hammer-McCarty Addition a distance of 116.43 feet to a point of curvature; thence on a 533.0 foot radius curve to the right forming a central angle of 10°50'48" and continuing on the west line of said Lot 2, Block One, Hammer-McCarty Addition, an arc distance of 100.9 feet to a point of tangency; thence tangent S01°24'09"W and on the west line of said Lot 2, Block One, Hammer-McCarty Addition (if extended southerly) a distance of 110.12 feet to a point on the south line of said part of 10th Street (now vacated), said point also being on the south line of said Hammer-McCarty Addition; thence leaving the west line of said Lot 2, Block One, Hammer-McCarty Addition (if extended southerly), N88°23'23"W and on the south line of said 10th Street and said Hammer-McCarty Addition, a distance of 214.37 feet to the place of beginning, containing 4.61 acres, more or less, all in Buffalo County, Nebraska; and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on April 20, 2007 on the inclusion of “JEAN MICHEL OF CHATEAU MARTEAU” 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 “JEAN MICHEL OF CHATEAU MARTEAU” 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 May 8, 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 “JEAN MICHEL OF CHATEAU MARTEAU” 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 “JEAN MICHEL OF CHATEAU MARTEAU” 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 8TH DAY OF MAY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

REZONING NORTH OF THE INTERSECTION OF 21ST AVENUE AND 50TH STREET

 

Public Hearings 8, 9 and 10 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, 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 Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 42.32 acres, more or less, Buffalo County, Nebraska (north of the intersection of 21st Avenue and 50th Street). Planning Commission recommended approval.

 

The applicant is requesting approval to plat a tract of land consisting of 42.32 acres located north of the intersection of 50th Street and 21st Avenue. The proposed use is for a residential subdivision of single-family homes. The property is currently zoned agricultural.

 

The rezoning request is from Agricultural to Urban Residential Single-Family Dwelling District (Low Density). The area to be rezoned comprises the entire 42.32 acres including two outlots. This rezoning request is in conformance with the Future Land Use Map of the City of Kearney Comprehensive Development Plan.

 

The Preliminary Plat consists of 20 typical residential lots, four large lots and two outlots. The Final Plat as submitted features 15 residential lots on 7.87 acres.  The Final Plat includes the two outlots, A and B. At the Planning Commission hearing there was a great deal of discussion regarding these outlots, site drainage and past and future development in this general area. The Planning Commission had some concerns regarding ongoing maintenance of the drainage way and stormwater management facilities contained within the outlots.

 

This land is part of a larger overall tract that was proposed for development and preliminarily platted some years ago as North Park Subdivision. The water in this drainage basin is naturally flowing in that direction even before the construction of the Lighthouse Point Lake, so it is a natural water drainage way and as such the current developers need to create a detention cell that will catch the water from this subdivision, slow it down and gradually release it on to the north. 

 

The applicant attempted to convince the Planning Commission that the stormwater issue really isn’t important because there is a Subdivision Agreement that is previously filed of record with North Park that assigns an area to the north of this site to be used for a regional stormwater detention cell. The developers believe that the solution for stormwater in this drainage basin is the regional cell.  Mr. Humphrey stated that past platting was at a time and a place beyond the current developer’s control. They were not involved in that development. They maintain that the stormwater passes through, goes up to that cell that was supposed to be built and all of that was accommodated for in past agreements of record.  Therefore, the developer and the owner contend that the stormwater runoff is taken care of already. The problem is that the detention cell Mr. Humphrey is talking about has never been built, so it does not exist. Previous subdivisions in this drainage basin such as Wellington Greens would have used the regional cell.

 

In the DRT meeting, City Staff said if the current developers want to build the cell to the north and put their stormwater in there and follow the original plan that would be fine.  We do not know if the regional cell has ever been designed, but it has not been constructed.  It is in an agreement, but that agreement never got followed through.  It says it is binding on all future successors and heirs but it has to be there in order for it to be used.  The land to the north is under different ownership today and they are not the ones wanting to develop the property at this time. 

 

The developer did not want to include the outlots on the plat but City Staff informed the developer that the subdivision request would not receive staff support unless the outlots are included.  The Public Works Plan for this subdivision shows stormwater going to Outlot A, not to the regional cell that does not exist. These outlots are contiguous to the city limits and the Public Works Plan indicates that these outlots will be used to convey and manage stormwater runoff from the proposed subdivision. If left unplatted, these unbuildable slivers of land will become “no mans land” and ongoing maintenance obligations and future annexation of these properties remains undetermined. The concern is what do we do when all of the buildable ground is developed and there is still a drainage swale that nobody owns and nobody maintains because it ends up being “no mans land.”  It started with Wellington Greens and has moved north, so at some point we need to address the drainage issue and that is what the City is trying to do with this subdivision.  Therefore, the outlots shall be included on the Final Plat. 

 

A Subdivision Agreement has been prepared that assigns maintenance responsibility for the outlots to the Owner while maintenance responsibility for the stormwater cell shall be covered by a homeowners association.  The agreement also clarifies that these outlots are for open space and drainage purposes only and cannot be used as buildable lots for buildings. 

 

Planning Commission asked why the portion of 50th Street from 17th Avenue west is gravel instead of paving?  The crest of the hill is at the end of the paving, it falls east and there is no sanitary sewer available to that section of road that is gravel today.  The sanitary sewer has to gravity flow all of the way to 56th Street through the Fountain Hills area to get to that lift station.  In the past, since the developer could not put the sanitary sewer in the City did not require paving at that location. They did require that the gravel road be built for a secondary access to this subdivision area, but because it is a gravel road it requires a lot of maintenance for the City. This is not normal development; however, there is no ability to put the sanitary sewer in at this time and recoup the cost.  If the City were to require this section of street to be paved by the property owner that abuts it, there is no ability to recover expenses for the paving because abutting owners cannot build houses on those lots without sanitary sewer. City staff is investigating alternatives to get this street section paved.

 

Staff also recommended that 50th Street be extended west across the outlot to provide for future westward extension.  From an engineering standpoint, one of the reasons the outlots are important is that detention is required and this is a very quick and inexpensive way of maintaining immediate detention for this development.  The City has voiced some concerns that there is no detention for 50th Street at this time, so the proposal can actually help by rerouting that drainage into this detention cell. The stormwater can be controlled so that there is also enough space provided on that outlot so that they can let that natural drainage way continue north as it is.  This detention cell works as two parts because if there is an outflow, if Lighthouse Point Lake breaches, this detention cell could still be designed to be acting as a dike or a buffer to prevent that water from coming from the waterway up to these lots on the backside. The alternative was presented to do this or go build the regional detention cell that has not been designed, and that is quite an endeavor for this small of development at this point in time.

 

Because things have changed and the same owner is not developing the whole quarter section, the development of this area will likely come in pieces, like this one, and each one of these subdivisions are going to have to control their own stormwater. The natural drainage way is where the water is going to go, so they are probably going to end up with several detention cells as the ground develops further and further north.  At some point, it would be feasible to build the regional detention cell up to the north and then take all of the small cells out but until the ground to the north continues to develop, they cannot make them build the regional cell.  Each development that does build to the north in these smaller pieces is going to have to control their water somehow; individual cells or regional cell.

 

Some of the Planning Commissioners believed it would be appropriate for the City to approach the land owner to the north to purchase a parcel of land sufficient to meet the needs of this detention cell and if that willing seller/willing buyer relationship does not work out and there is a public good in this then the City can go through a condemnation procedure to acquire the property.

 

City Planner stated that this issue has been discussed in the past and the problem is that the City cannot, by state law, assess back stormwater utilities the same way as with other utilities such as sanitary sewer, municipal water and paving.  Ideally, if the City were to buy this, lets say five-acre parcel, and spend a bunch of money building the detention cell the City would require all of the property owners that drain into the detention cell to have some kind of an assessment to recover the cost for the construction and ongoing maintenance of the detention cell.  State law currently does not allow for this process.

 

Director of Public Works stated that if the City were to acquire property and build a detention cell, the cost of that would become the general obligation of the entire community, so they have made it the responsibility of the developer to either control their development via a single detention cell or they work with larger areas to get a regional cell.  Lighthouse Point Lake is a regional cell; it takes water from all of Lighthouse Point plus the property to the south.  Maintenance issues will become a concern in the future as far as who maintains and takes care of them, but currently they are not the City’s responsibility.

 

Another very important point regarding future growth in this area concerns vehicular accessibility and traffic circulation.  There is not currently good street connectivity in this area.  Therefore, staff recommends and Planning Commission supports no further subdivision will be allowed until a street connection for adequate access and circulation is provided by platting and paving a public road east to 19th Avenue or north to 56th Street or 54th Street if it is extended west.  This statement is contained in the Subdivision Agreement.

 

This property is contiguous to the current city limits and can be served by municipal water and sanitary sewer and therefore the land included in the Final Plat boundary including the two outlots shall be annexed into the corporate limits.

 

Mitch Humphrey presented this matter to the Council. Previously, the entire quarter section was known as the North Park project. Due to some land transactions and dealings in the past that concept will not come to fruition. They are now working with the balance of the property that Denton Enterprises owns. At the prior date, a public works plan was prepared and completed and there were some agreements to place some stormwater detention in that area. Neither do they have control over that area, nor has the detention structure been constructed. They have been working with City staff to take care of the stormwater that is coming off 50th Street and off the lots they have been platting to provide some detention for that area.  As the development continues to the north, these issues will continue to be resolved.  They are asking for final plat approval on the two cul-de-sacs with the extension of 21st Avenue.  The cul-de-sac on 19th Avenue, which is the street east of Ted Baldwin Park soccer fields, will come in with a plan at a later date. The balance of the property will be difficult to develop without the cooperation or dealing with land owners to the north. Ownership has changed and things have changed that necessitate modification of the North Park plan. They have made a preliminary plan, leaving those areas as large lots. 

 

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 Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, 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 Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 42.32 acres, more or less, Buffalo County, Nebraska (north of the intersection of 21st Avenue and 50th Street). Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

FINAL PLAT FOR CASTLE RIDGE FOURTH ADDITION

 

Public Hearings 8, 9 and 10 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for final plat and Subdivision Agreement approval for “CASTLE RIDGE FOURTH” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 11.99 acres, more or less, Buffalo County, Nebraska (north of the intersection of 21st Avenue and 50th Street) and to consider approval of Resolution No. 2007-83. Planning Commission recommended approval.

 

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 Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for final plat and Subdivision Agreement approval for “CASTLE RIDGE FOURTH” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 11.99 acres, more or less, Buffalo County, Nebraska (north of the intersection of 21st Avenue and 50th Street) and approve Resolution No. 2007-83. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-83

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “CASTLE RIDGE FOURTH” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Beginning at the southwest corner of the Northeast Quarter of Section 27 and assuming the west line of the Northeast Quarter of Section 27 as bearing N00°10'18"E and all bearings contained herein are relative thereto; thence N00°10'18"E and on the west line of said Northeast Quarter a distance of 1,138.73 feet; thence east a distance of 940.44 feet; thence south a distance of 58.75 feet; thence S07°07'49"E a distance of 339.98 feet to a point on the north line of North Park, an addition to the City of Kearney, Buffalo County, Nebraska; thence S89°29'22"W and on the north line of said North Park a distance of 126.44 feet to the northwest corner of Lot 4, Block Two of said North Park; thence N26°36'08" W and continuing on the north line of said North Park a distance of 39.70 feet to the most northerly corner of Lot 5, Block Two of said North Park; thence S66°34'44"W and continuing on the north line of said North Park a distance of 130.00 feet to the northwest corner of Lot 5, Block Two of said North Park; thence S89°24'19"W and continuing on the north line of said North Park a distance of 203.17 feet to the northwest corner of Lot 1, Block Three of said North Park, said point also being on the east line of Lot 2, Block Three of said North Park; thence N00°31'14"W and on the east line of Lot 2, Block Three of said North Park a distance of 15.0 feet to the northeast corner of Lot 2, Block Three of said North Park; thence S89°28'46"W and continuing on the north line of said North Park a distance of 200.0 feet to the northwest corner of Lot 3, Block Three of said North Park, said point also being the northeast corner of Lot 1, Castle Ridge Second, an addition to the City of Kearney, Buffalo County, Nebraska; thence S89°28'46" W and on the north line of said Lot 1, Castle Ridge Second a distance of 80.0 feet to the northwest corner of said Lot 1, Castle Ridge Second; thence S00°27'44"E and on the west line of said Lot 1, Castle Ridge Second a distance of 130.0 feet to the southwest corner of said Lot 1, Castle Ridge Second; said point also being on the north line of 50th Street, a street in the City of Kearney, Buffalo County, Nebraska as dedicated and shown on the plat of Castle Ridge Third, an addition to the City of Kearney, Buffalo County, Nebraska; thence S89°27'29"W and on the north line of said 50th Street a distance of 140.38 feet to the northwest corner of said Castle Ridge Third; thence S00°24'46"E and on the west line of said Castle Ridge Third a distance of 138.19 feet; thence S09°09'40"E and continuing on the west line of said Castle Ridge Third a distance of 60.0 feet to the southwest corner of Lot 1 of said Castle Ridge Third, said point also being the northwest corner of Lot 11, Block Two of Wellington Greens, an addition to the City of Kearney, Buffalo County, Nebraska; thence S26°27'45"E and on the west line of said Block Two, Wellington Greens a distance of 451.05 feet to the southwest corner of said Wellington Greens, said point also being on the south line of the Northeast Quarter of said Section 27; thence S89°28'41"W and on the south line of the Northeast Quarter of said Section 27 a distance of 312.74 feet to the place of beginning, containing 11.99 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 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 8TH DAY OF MAY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

ANNEXATION OF CASTLE RIDGE FOURTH ADDITION

 

Public Hearings 8, 9 and 10 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for the annexation of “CASTLE RIDGE FOURTH” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 11.99 acres, more or less, Buffalo County, Nebraska (north of the intersection of 21st Avenue and 50th Street) and to consider approval of Resolution No. 2007-84. Planning Commission recommended approval.

 

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 Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for the annexation of “CASTLE RIDGE FOURTH” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 11.99 acres, more or less, Buffalo County, Nebraska (north of the intersection of 21st Avenue and 50th Street) and approve Resolution No. 2007-84. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-84

 

            WHEREAS, an Application has been submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Denton Enterprises, Inc. (Owner) for the inclusion of “CASTLE RIDGE FOURTH” an addition within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Beginning at the southwest corner of the Northeast Quarter of Section 27 and assuming the west line of the Northeast Quarter of Section 27 as bearing N00°10'18"E and all bearings contained herein are relative thereto; thence N00°10'18"E and on the west line of said Northeast Quarter a distance of 1,138.73 feet; thence east a distance of 940.44 feet; thence south a distance of 58.75 feet; thence S07°07'49"E a distance of 339.98 feet to a point on the north line of North Park, an addition to the City of Kearney, Buffalo County, Nebraska; thence S89°29'22"W and on the north line of said North Park a distance of 126.44 feet to the northwest corner of Lot 4, Block Two of said North Park; thence N26°36'08" W and continuing on the north line of said North Park a distance of 39.70 feet to the most northerly corner of Lot 5, Block Two of said North Park; thence S66°34'44"W and continuing on the north line of said North Park a distance of 130.00 feet to the northwest corner of Lot 5, Block Two of said North Park; thence S89°24'19"W and continuing on the north line of said North Park a distance of 203.17 feet to the northwest corner of Lot 1, Block Three of said North Park, said point also being on the east line of Lot 2, Block Three of said North Park; thence N00°31'14"W and on the east line of Lot 2, Block Three of said North Park a distance of 15.0 feet to the northeast corner of Lot 2, Block Three of said North Park; thence S89°28'46"W and continuing on the north line of said North Park a distance of 200.0 feet to the northwest corner of Lot 3, Block Three of said North Park, said point also being the northeast corner of Lot 1, Castle Ridge Second, an addition to the City of Kearney, Buffalo County, Nebraska; thence S89°28'46" W and on the north line of said Lot 1, Castle Ridge Second a distance of 80.0 feet to the northwest corner of said Lot 1, Castle Ridge Second; thence S00°27'44"E and on the west line of said Lot 1, Castle Ridge Second a distance of 130.0 feet to the southwest corner of said Lot 1, Castle Ridge Second; said point also being on the north line of 50th Street, a street in the City of Kearney, Buffalo County, Nebraska as dedicated and shown on the plat of Castle Ridge Third, an addition to the City of Kearney, Buffalo County, Nebraska; thence S89°27'29"W and on the north line of said 50th Street a distance of 140.38 feet to the northwest corner of said Castle Ridge Third; thence S00°24'46"E and on the west line of said Castle Ridge Third a distance of 138.19 feet; thence S09°09'40"E and continuing on the west line of said Castle Ridge Third a distance of 60.0 feet to the southwest corner of Lot 1 of said Castle Ridge Third, said point also being the northwest corner of Lot 11, Block Two of Wellington Greens, an addition to the City of Kearney, Buffalo County, Nebraska; thence S26°27'45"E and on the west line of said Block Two, Wellington Greens a distance of 451.05 feet to the southwest corner of said Wellington Greens, said point also being on the south line of the Northeast Quarter of said Section 27; thence S89°28'41"W and on the south line of the Northeast Quarter of said Section 27 a distance of 312.74 feet to the place of beginning, containing 11.99 acres, more or less, all in Buffalo County, Nebraska; and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on April 20, 2007 on the inclusion of “CASTLE RIDGE FOURTH” 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 “CASTLE RIDGE FOURTH” 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 May 8, 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 “CASTLE RIDGE FOURTH” 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 “CASTLE RIDGE FOURTH” 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 8TH DAY OF MAY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

LIQUOR LICENSE – SPORTS FANS

 

Mayor Clouse opened the public hearing on the Application submitted by LOWE GROUP INC., dba “Sports Fans” for a Class C-76468 liquor license to be located at 2021 Central Avenue, consider the application for Corporate Manager for John Lowe, and to consider approval of Resolution No. 2007-85.

 

John Lowe presented this matter to the Council. This business, Sports Fans, will replace Club 3 which is no longer in business.  He will be the Corporate Manager.  He has significant experience in operating similar types of businesses and has no real record of legal problems.  The business will be designed to be a “family” atmosphere and will also serve food.  He has a potential buyer for this business.

 

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 LOWE GROUP INC., dba “Sports Fans” for a Class C-76468 liquor license to be located at 2021 Central Avenue, consider the application for Corporate Manager for John Lowe, and approve Resolution No. 2007-85. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-85

 

            WHEREAS, LOWE GROUP INC., dba “Sports Fans” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class C-76468 (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License to do business at 2021 Central Avenue, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, LOWE GROUP INC., dba “Sports Fans” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of John Lowe; and

            WHEREAS, a hearing was held relating to said application on May 8, 2007.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class C-76468 (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License to LOWE GROUP INC., dba “Sports Fans” located at 2021 Central Avenue, Kearney, Nebraska, and to approve the application for Corporate Manager of John Lowe.

            BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the Council action favoring the issuance of said license in the Minute Record of the proceedings of the Council.

            PASSED AND APPROVED THIS 8TH DAY OF MAY, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

Moved by Buschkoetter seconded by Clouse that Subsections 1 through 5 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. Motion carried.

 

1.         Approve Minutes of Regular Meeting held April 24, 2007.

 

2.         Approve the following Claims: 3M $12,532.52 smcs; Ace Hardware $155.54 smcs; Advance Auto Parts $18.28 smcs; Aervoe Industries $660.45 smcs; Aflac $2,738.34 ps; Agri Coop $39,782.10 smcs; Air Delights $103.97 smcs; Alltel $1,504.13 smcs,co; Amazon $275.21 smcs; Amer Electric $522.29 smcs; Amer Legion $342.15 smcs; Amer Traffic Safety $119.00 smcs; Americinn Lodge $78.35 smcs; Americinn Motel $132.00 smcs; Amsan $863.24 smcs; Anderson Ford $121,275.00 co; Ask Supply $157.50 smcs; Auto Glass Center $172.16 smcs; B&B Auto Glass $341.64 smcs,co; Baker & Taylor Books $4,433.17 smcs; Barco Municipal $135.75 smcs; BBC Audiobooks $110.67 smcs; Bennett,T $1,496.25 smcs; Bestsellers Audio $176.00 smcs; Bill's Trailer $111.00 smcs; Blessing $129,136.42 co; Blockbuster Video $100.00 smcs; Bluecross Blueshield $65,275.30 smcs; Bogard,M $117.00 smcs; Bookmark $94.23 smcs; Books In Motion $6.00 smcs; Bosselman $7,637.22 smcs; Brilliance Audio $68.97 smcs; Broadfoot Sand & Gravel $2,970.00 smcs; Brodart Co $28.21 smcs; Bruce Furniture $736.69 co; Buffalo Co Register Deeds $94.00 smcs; Buffalo Co Treasurer $102.00 co; Buggy Bath Car Wash $115.50 smcs; Builders Warehouse $627.33 smcs,co; Buydigcom $996.87 smcs; Cables To Go $19.77 smcs; Captain's Quarters $15,203.60 co; Care-Tech Laboratories $29.95 smcs; Casey's $37.20 smcs; Cash-Wa Distributing $38.70 smcs; CBA Lighting $2,715.38 smcs; CDW Gov't $352.91 co; CED Enterprises $54.77 smcs; Central Fire & Safety $20.20 smcs; Centaur Enterprises $526.14 smcs; Central Contracting $27,173.70 co; Central District Health Dept $2,604.00 smcs; Central Fire & Safety $85.90 smcs; Central Hydraulic System $1,017.00 smcs; Central NE Bobcat $5.16 smcs; Chad $10.00 ps; Charter $54.99 smcs; Chemguard $568.70 smcs; Chesterman $223.60 smcs; City of Ky $208,668.02 smcs,ds,ps; Cold Spring Granite $13,099.00 co; College Savings Plan of NE $75.00 ps; Collision Publishing $549.00 smcs; Colorid Ribbons $613.00 smcs; Combative Tactics $350.00 smcs; Computer Warehouse #4 $89.99 smcs; Conseco Life Insurance $24.00 ps; Construction Rental $18.50 smcs; Cook,A $85.80 smcs; Cook,R $1,200.00 smcs; Copycat Printing $995.83 smcs; Cornhusker Cleaning $326.76 smcs; Crossroads $354.55 co; Crown Plaza $685.46 smcs; Crushers $14,835.15 co; Culligan $105.00 smcs; Cummins Central Power $351.63 smcs; Dandee Concrete $594.00 smcs; Daphne's Headcovers $688.50 smcs; Dell $6,882.17 co; Demco $89.97 smcs; Diamond Vogel Paints $37.85 smcs; Discovery Channel $32.90 smcs; DPC Industries $10,292.00 smcs; Dreyer,D $6.00 smcs; Dubs $29.99 smcs; Dugan Business Forms $984.13 smcs; Dultmeier Sales $114.46 smcs; Dutton-Lainson $1,246.21 smcs; Eakes $1,464.38 smcs,co; Earl May $31.65 smcs; Easy Picker Golf Products $589.16 smcs; EDM Equipment $184.76 smcs; Eileens Colossal Cookies $18.75 smcs; Eirich,T $50.00 smcs; Elliott Equipment $594.35 smcs; Elliott,R $117.00 smcs; Envirotech Services $22,622.92 smcs; Eustis Body Shop $250.00 smcs; Expression Wear $88.00 smcs; Fairbanks Int'l $1,379.56 smcs; Fast Mart $20.00 smcs; Fastenal Co Retail $1,478.57 smcs; FBINAA $90.00 smcs; Fearnley,M $63.28 smcs; Fedex $16.14 smcs; Fiddelke Heating $63.30 smcs; Firestore $82.96 smcs; Fore Better Golf $904.95 smcs; Fox Print Direct $833.00 smcs; Galls $321.59 smcs,co; Garrett Tires $1,750.35 smcs; Gaylord Brothers $208.42 smcs; General Binding $1,732.27 smcs; Gilbert Construction $11,407.00 co; Godaddycom $79.05 smcs; Golf Gifts $270.46 smcs; Golfsmith $99.86 smcs; Goodwill Industries $1,851.97 smcs; Gordon's Small Engine $942.55 smcs; Grainger $503.65 smcs; Grand Central IGA $12.82 co; Great American Outdoor $927.73 smcs; Grimes,S $139.40 smcs; Guideposts $16.94 smcs; H&H Distributing $1,281.70 smcs; Harbor Freight $86.96 smcs; Harshbarger,K $1,358.17 smcs; Hart,S $6.94 smcs; HD Supply $6,947.21 smcs; Heiman $433.00 smcs; Herbergers $245.84 smcs; Hibberd,T $97.50 smcs; Highland Products $999.52 co; Highsmith $353.92 smcs; Holiday $102.90 smcs; Holmes Plumbing $1,216.15 smcs; Hometime Video $94.69 smcs; Hometown Leasing $304.31 smcs; ICMA RC $3,150.42 smcs,ps; Inland Truck Parts $242.56 smcs; IRS $91,756.61 ps; ISFSI $150.00 smcs; Iteris $3,999.83 co; Jack Lederman $50.80 smcs; Johnson Service $1,225.00 smcs; Johnson,S $50.00 smcs; Johnston Supply $9.13 smcs; K&K Parts $174.43 smcs; Ky Yamaha $416.88 smcs; Ky Centre Vac $57.39 smcs; Ky Concrete $335.00 co; Ky Crete & Block $273.22 smcs; Ky Cycling $4,500.00 ps; Ky Hub $1,198.75 smcs; Ky Humane Society $2,570.00 smcs; Ky Implement $1,758.02 smcs; Ky United Way $558.00 ps; Ky Visitors Bureau $33,754.56 smcs; Ky Warehouse $555.17 smcs; Ky Winlectric $254.73 smcs; Ky Winnelson $1,300.00 smcs; Kelley Tree Service $16,899.00 smcs; KGFW $25.00 smcs; Kiess,T $446.83 smcs; Kmart $99.98 co; Koetters,J $1,428.17 smcs; Konica Minolta $162.97 smcs; Kooyman,R $371.34 smcs,ps; Laughlin,K $180.00 ps; Lifeguard Store $428.00 smcs,co; Lincoln Truck Center $19.27 smcs; Linweld $131.34 smcs; Little Caesars $107.50 smcs; Lockmobile $33.00 smcs; Looseleaf Law Publications $88.90 smcs; Luke,D $117.00 smcs; Mac Tools $70.00 smcs; Magic Cleaning $250.00 smcs; Marlatt Machine Shop $145.82 smcs; McCarty,D $36.97 smcs; McMaster-Carr $1,077.21 smcs; Medrano,T $25.44 smcs; Menards $1,293.16 smcs; Meteorlogix $1,923.00 smcs; Metlife $5,462.48 ps; Midland Molding $18.00 smcs; Miller & Associates $1,949.55 smcs,co; Miller Signs $494.50 smcs,co; Minitex $2,304.00 smcs; Mirror Image $50.00 smcs; Morris Press $549.49 smcs; Mosbarger,B $396.34 smcs,ps; Moss & Barnett $716.60 smcs; Mr Automotive $1,517.50 smcs; MSC Industrial Supply $54.57 smcs; Municipal Emergency $348.20 smcs; Municipal Supply $212.00 smcs; Napa All Makes Auto $3,470.09 smcs; NE APWA $330.00 smcs; NE Business Banking $59,336.73 ds; NE Cat Machinery $142,632.00 co; NE Child Support $2,054.73 ps; NE Dept of Environmental $300.00 smcs; NE Dept of Revenue $88,138.58 smcs,ps; NE Dept of Roads $235,168.33 co; NE Machinery $68.99 smcs; NE Planning & Zoning $420.00 smcs; NE Truck Center $953.93 smcs; NE Wine & Spirits $83.36 smcs; NE Workforce Development $701.00 ps; NEland Distributors $1,008.00 smcs; Neopost $545.70 smcs; Nevco Scoreboard $8,122.00 smcs; New World Inn $218.40 smcs; New World Systems $1,380.00 smcs; Nicklasson,B $74.10 smcs; Northwestern Energy $2,839.65 smcs; Nova Fitness $57.99 ps; Novus $31.50 smcs; Office Depot $80.00 smcs; Officemax $397.88 smcs; Officenet $1,152.27 smcs; O'Keefe Elevator $140.29 smcs; OMB Police Supply $6.00 co; O'Reilly Auto $918.71 smcs; Oriental Trading $48.75 smcs; Orscheln $514.65 smcs,co; Overhead Door $238.50 smcs; Paramount Linen $49.80 smcs; Patterson,B $73.06 smcs; Paulsen $113,131.98 co; Payflex Systems $463.25 ps; Peerless Pumps $12,089.06 co; Petersen,R $85.80 smcs; Platte Valley Comm $1,032.33 smcs; Powermate $115.98 smcs; Presto-X $136.00 smcs; Pro Seminar $290.00 smcs; QA Balance Services $95.00 smcs; Quality Inn Suites $237.80 smcs; Quill $1,019.38 smcs; Radio Shack $143.95 smcs,co; Random House $260.40 smcs; Ready Mixed Concrete $303.35 smcs; Reams Sprinkler $140.65 smcs; Recorded Books $161.20 smcs; Russells Appliance $1,124.00 smcs; SA Foster Lumber $8.99 smcs; Sahling Kenworth $463.11 smcs; Sams Internet $35.00 smcs; Sargent Drilling $133,189.86 co; Schmidt,A $74.10 smcs; Schultz,J $24.00 smcs; See Clear Cleaning $3,200.00 smcs; Sherwin Williams $5,144.62 smcs,co; Show Me Cables $59.22 smcs; Showcases $529.09 smcs; Sid Dillion Wahoo $21,728.00 co; Snap-On Tools $495.00 smcs; Softchoice $551.52 smcs,co; State of NE HHS $339.00 smcs; State of NE/DAS Comm $18.96 smcs; Sterling Distributing $247.00 smcs; Stocker,K $6.94 smcs; Strategic Materials $273.16 smcs; Summit Heating $81.00 smcs; Sun Life Financial $21,976.86 smcs; Sunmart $20.21 smcs; Super Shine Auto $83.60 smcs; Superior Signals $1,198.50 smcs; Sydow,J $40.00 smcs; Taillon,R $19.76 smcs; Target $135.30 smcs; Terrascan $12,836.46 smcs; The Reader $25.00 smcs; Thompson,L $60.00 smcs; Thomson Gale $154.59 smcs; Tigerdirect $110.85 smcs; Titleist $5,409.43 smcs; Tractor-Supply $1,136.23 smcs; Tri City Outdoor Power $725.14 smcs; Turner Body Shop $130.00 smcs; Tye & Rademacher $9,513.84 smcs,co; U.S. Postmaster $450.00 smcs; UAP $121.82 smcs; UNO School of Public Adm $195.00 smcs; UPS $124.56 smcs,co; US Cavalry Store $107.42 smcs; US Golf Association $100.00 smcs; USA Blue Book $2,296.81 smcs; USPS $79.24 smcs; Van Diest Supply $7,316.52 smcs; Wal-Mart $971.55 smcs,co; Walters Electric $2,860.00 smcs; Warren-T Drain Cleaner $150.00 smcs; Warrington,D $127.50 smcs; Water Products $219.36 smcs; West Payment Center $1,131.81 smcs; West Villa Animal Hospital $26.00 smcs; Wilke Donovan's $230.77 smcs; Wilkins Hinrichs Stober $16,878.09 co; Williamson-Dickie $22.60 ps; Wittek Golf Supply $287.45 smcs; Wosloger,S $7.41 smcs; Yanda's Music $4,006.40 smcs,co; Yosten,R $171.34 smcs; Zimmerman Printers $695.00 smcs; Zubrod,D $74.10 smcs; Payroll Ending 4-28-2007 -- $278,828.73.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve the application submitted by Franci Kinkade to extend Conditional Use Permit No. 1998-05 to locate a Bed and Breakfast at 2915 5th Avenue for a period of one year.

 

4.         Approve the application for a Special Designated License submitted by KEARNEY BBQ CO., dba “Skeeter Barnes” in connection with their Class I-55865 liquor license to dispense beer, and distilled spirits at The Great Platte River Road Archway, 3060 East 1st Street, on May 26, 2007 from 4:30 p.m. until 12:00 a.m. for a wedding reception.

 

5.         Approve the application for a Special Designated License submitted by EXPRESSIONS CATERING, INC., dba “Paradise Cove” in connection with their Class CK-58433 liquor license to dispense beer, wine and distilled spirits in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N, on June 2, 2007 from 2:00 p.m. until 1:00 a.m. for a wedding dance and reception.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7347- REZONING 6460 17TH AVENUE (PERTAINS TO PUBLIC HEARING 3)

 

Council Member Clouse introduced Ordinance No. 7347, being Subsection 1 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as the south 525.0 feet of the east 954.0 feet of the Southeast Quarter of the Northeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., containing 11.50 acres, more or less, of which 0.40 acres, more or less, are presently being used for road purposes on the east side, all in Buffalo County, Nebraska (6460 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 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. 7347 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 Kearney seconded by Lammers that Ordinance No. 7347 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. 7347 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. 7348 – CONDITIONAL USE PERMIT TO USCOC NEBRASKA/ KANSAS (PERTAINS TO PUBLIC HEARING 4)

 

Council Member Clouse introduced Ordinance No. 7348, being Subsection 2 of Agenda Item VI to grant a Conditional Use Permit to Jesse Hernandez from USCOC Nebraska/Kansas LLC (Applicant) and Buffalo County Agricultural Association (Owner) to replace an existing 125-foot monopole with a new 125-foot monopole on property zoned “District AG, Agricultural District” and described as a tract of land being part of the North Half of the Northwest Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (1711 East 39th Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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. 7348 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 Kearney seconded by Lammers that Ordinance No. 7348 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. 7348 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. 7349 – VACATE PORTION OF HAMMER-McCARTY ADDITION (PERTAINS TO PUBLIC HEARING 6)

 

Council Member Clouse introduced Ordinance No. 7349, being Subsection 3 of Agenda Item VI to vacate Lot 2 of Block 1 and part of 10th Street located in Hammer-McCarty Addition, an addition to the City of Kearney, Buffalo County, Nebraska (south of 11th Street and north of 4th Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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. 7349 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 Kearney seconded by Lammers that Ordinance No. 7349 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. 7349 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. 7350 – REZONING NORTH OF INTERSECTION OF 21ST AVENUE AND 50TH STREET (PERTAINS TO PUBLIC HEARING 8)

 

Council Member Clouse introduced Ordinance No. 7350, being Subsection 4 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density) District” property described as a tract of land being part of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 42.32 acres, more or less, Buffalo County, Nebraska (north of the intersection of 21st Avenue and 50th Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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. 7350 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 Kearney seconded by Lammers that Ordinance No. 7350 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. 7350 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. 7351 – AMEND ARTICLE 4 “NUISANCES” OF CHAPTER 5 “HEALTH AND SANITATION” OF CITY CODE

 

In order to improve the City’s ability to address dilapidated structures, language is being proposed to identify what constitutes a dangerous building.  The language is proposed for the nuisance section of the Code which is located in Article 4 of Chapter 5 “Health and Sanitation”.  An appeal process is also included in the amended language which will enable a property owner with a nuisance, the ability to appeal the Building Official’s declaration to an Appeal Officer with final determination on any given matter to be resolved before the City Council.  The language is intended to streamline the process for dealing with dangerous buildings while providing due process for the property owner.

 

Chief Building Official Max Richardson stated the Code Enforcement Officers of the City are the primary people that deal with this section of the Code. They work with properties that have become overgrown or have trash, weeds and accumulation of junk on the property. This section gives the City the ability to resolve those situations and is a very important tool the City has in the Code. One of the provisions in the Code is for the property owner to request a hearing of the City if a complaint has been made about their property to ensure fair and equitable enforcement of the law. In the proposed ordinance, there is no one designated to preside at these hearings so the building official is being designated as the head of the hearing board.  If the property owner has a concern how the Code Enforcement Officers have interpreted something on his property, they can request an appeal and a hearing and the building official would act as a hearing officer for that board.

 

Another amendment is to add language that would create a higher level of review than the hearing officer which would be the City Council.  They want to make sure they are being fair in enforcing the codes.  The other amendment would be to add language that would identify hazardous buildings such as those which have become dilapidated, in disrepair, or have sanitation issues.  They want to be able to identify these structures as a nuisance.  When that is done, the property owner has two levels of review; first with the hearing officer and a final disposition with the City Council. 

 

The role of the City Manager was evaluated whether he should be a part of the process.  It was concluded that the technical expertise would be more appropriate with the building official.  The Code Enforcement Division reports to the City Manager so he wanted some separation.  City Manager stated they did not want to make it appear to the public that the same individual was responsible.  This will allow the City to expedite the complaints that are received.  In the cases where due process is needed, this will allow for that as well.  This is an area that does not always deal directly with the building official, but it was believed that he would be in a good position to offer that hearing process and then go to City Council.  In the past, they have struggled with taking some of these issues to Court because of the length of time that it takes have been fairly significant. His experience with bringing this item to the governing body tends to get more attention and gets these items completed on a timely basis.

 

Council Member Lammers introduced Ordinance No. 7351, being Subsection 5 of Agenda Item VI to amend Section 5-402 “Generally; Illustrative Enumeration” of Article 4 “Nuisances” of Chapter 5 “Health and Sanitation” of the Code of the City of Kearney to renumber Section 5-405 “Generally; Notice to Abate” to Section 5-406; to renumber Section 5-406 “Generally; Contents of Notice” to Section 5-407; to renumber Section 5-407 “Generally; Service of Notice” to Section 5-408; to renumber Section 5-408 “Generally; Abatement by City” to Section 5-410; to renumber Section 5-408.1 “Litter; Abatement by City” to Section 5-410.1; to renumber Section 5-409 “Generally; City’s Costs Declared Lien” to Section 5-411; to renumber Section 5-410 “Generally; Alternative Methods of Enforcement” to Section 5-412; to renumber Section 5-411 “Request for Appeals Hearing; Conducted” to Section 5-413; to add a new Section 5-405 “Generally; Inspection” of Chapter 5 “Health and Sanitation” of the Code of the City of Kearney, Nebraska to provide the building official shall have the authority and it shall be his/her duty to enter into and examine at any and all times all buildings, lots and places or all descriptions within the City for the purpose of ascertaining the conditions thereof so far as the public health and safety may be affected thereby; to provide if the property owner or occupant of any building or premises in the city prevents or attempts to prevent any employee of the city from entering or examining such building or premises for the purpose described above during reasonable hours, the city may then request an administrative search warrant from the district court; and to add a new Section 5-409 “Generally; Hearing” of Chapter 5 “Health and Sanitation” of the Code of the City of Kearney, Nebraska to provide the building official is designated as the representative of the governing body for the purposes of conducting hearings requested by any recipient of a notice to abate a nuisance; to provide the recipient of a notice to abate a nuisance may request a hearing before expiration of the waiting period by filling a request for such hearing on a form available in the office of the building official; to provide the hearing shall be conducted pursuant to rules adopted by the building official and made available to the public in the office of the building official; to provide the party requesting such hearing shall be given written notice no less than three days in advance of the scheduled hearing; to provide no action to abate the nuisance shall be taken by the city pending the outcome of the hearing; to provide if the building official determines that the notice to abate nuisance is without sufficient basis, the notice shall be rescinded; to provide if the notice to abate is determined to have sufficient basis, the recipient shall be allowed the original waiting period to voluntarily abate the nuisance commencing with the date of the building official’s determination and in default thereof, the city may take necessary action to abate the nuisance, 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. 7351 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. 7351 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. 7351 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.

 

NAMING/RENAMING HARMON PARK ACTIVITY CENTER AND JUNCTION PARK

 

Mayor Clouse opened for discussion the recommendation submitted by the Park & Recreation Advisory Board on the naming/renaming of the Harmon Park Activity Center and the park area south of Railroad Street and east of Central Avenue and to consider approval of Resolution No. 2007-86.

 

Director of Park & Recreation presented this matter to the Council. At the December 12, 2006 Council meeting, Charlie Pickens, along with Carl Spelts, appeared before the City Council and suggested naming the new Harmon Park Activity Center after former City Manager Ray Lundy.  It was discovered that the City of Kearney did not have a policy in place on the naming/renaming of City facilities.  City staff drafted a policy and held a Study Session January 16, 2007 to discuss the matter.  The policy was discussed at length and wanted the Park & Recreation Advisory Board to review the policy for their input.  The Park & Recreation Advisory Board met on February 22, 2007 and determined the policy was appropriate.  On March 13, 2007 the City Council adopted the Policy on Naming/Renaming of City Facilities.

 

City staff developed a form to be used for persons interested in naming or renaming City of Kearney facilities.  Attached is the application submitted by Amber Brown on behalf of the Old Towne Merchants to name the park area south of Railroad Street and east of Central Avenue as “Junction Park”.  Also attached is the application submitted by Charles Pickens to rename the Harmon Park Activity Center to “Lundy Activity Center.”

 

On April 19, 2007 the Park and Recreation Advisory Board considered the applications.  The Advisory Board has recommended naming the park area south of Railroad Street as “Junction Park”.  The Advisory Board also recommended the Harmon Park Activity Center remain as such.

 

Discussion was held on the naming of “Junction Park” to “Kearney Junction Park” to further define the park.  Assistant to City Manager Amber Brown stated that she did not believe the Old Towne Merchants would have a problem with calling it “Kearney Junction Park”.

 

Moved by Buschkoetter seconded by Clouse to approve the recommendation submitted by the Park & Recreation Advisory Board on the naming/renaming of the Harmon Park Activity Center and the park area south of Railroad Street and east of Central Avenue and approve Resolution No. 2007-86. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-86

 

            WHEREAS, it has been determined that the City of Kearney needed a policy in place setting forth the provisions for naming and/or renaming City facilities; and

            WHEREAS, on March 13, 2007 the City Council adopted the “City of Kearney Municipal Facilities Naming/Renaming Policy”; and

            WHEREAS, the City received an application submitted by Charles Pickens and Carl Spelts for the renaming of the Harmon Park Activity Center to the “Lundy Activity Center”; and

            WHEREAS, the City received an application submitted by Amber Brown on behalf of the Old Towne Merchants to name the park area located south of Railroad Street and east of Central Avenue as “Junction Park”; and

            WHEREAS, the Park and Recreation Advisory Board met on April 19, 2007 to consider the applications, and forwarded the recommendation to the City Council that the application submitted for the renaming of the Harmon Park Activity Center be denied and that the name remain as is; and further recommended that the application submitted for the naming of the park area located south of Railroad Street and east of Central Avenue be named “Junction Park”; and

            WHEREAS, the City Council discussed the naming of these facilities at its meeting held on May 8, 2007 and determined it would be appropriate to name the park area located south of Railroad Street and east of Central Avenue as “Kearney Junction Park”.

            NOW THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, to approve the recommendation from the Park and Recreation Advisory Board on the two applications received.

            BE IT FURTHER RESOLVED that the designation of the Harmon Park Activity Center remain as named.

            BE IT FURTHER RESOLVED that the designation submitted for the park area located south of Railroad Street and east of Central Avenue be named “Kearney Junction Park”.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

ORDINANCE NO. 7352 – ADOPT THE COMMUNITY TREE PLAN

 

Regular Agenda Items 7, 8 and 9 were discussed together.

 

Director of Park & Recreation Neal Lewis presented this matter. The City has experienced some severe damage to our public trees. A significant number of trees have been lost and it would be beneficial if the City of Kearney adopted a Community Tree Plan. The City is proposing a pro-active approach to trees on the City rights-of-way. With the implementation of this ordinance (Ordinance No. 7352), the City will institute a permit system for all tree activity in the public right-of-way. The City will have a list of allowable trees that can be planted in the right-of-way and will require property owners to be responsible for the maintenance of right-of-way trees.

 

With the creation of Ordinance No. 7352, it is necessary to repeal certain sections in Chapter 9 so there is no duplication and for ease in finding information pertaining to trees in public rights-of-way.  Therefore, Ordinance No. 7353 repeals those sections and Ordinance No. 7354 reflects the new section number in the landscaping and screening standards.

 

Director of Park & Recreation further stated that with all the storms and damage to the trees, City staff believed that the City needs to more proactive.  They need to have a handle on the types of trees, how close to the street they should be and who needs to take care of them.  In this way, the City can get the species it wants in the best location on rights-of-way and help citizens to make good choices.  After checking the storm damage of trees in the right-of-way this last time, they found some were in the wrong place; some presented traffic problems, and are hazardous to sanitation and street cleaning. 

 

They decided if they had a list of approved trees, they could take care of a lot of problems in the future.  The people’s intent in planting trees is awesome, but they did not have the information available to help them make good choices. With this establishment of a tree ordinance they now have a form that the property owner will complete.  At that point, a member of the Park staff would go to the location and meet with them and advise them about good choices to plant in that location.  If the right-of way is not wide enough, they can sign the form and they can put a right-of-way tree on their property.  This ordinance also reinforces the fact that right-of-way trees are the property owner’s responsibility, but the City will help citizens make good choices. 

 

City Manager stated this is a typical program that has been implemented across the country.  The City has not received their money from FEMA so the program is not in place yet which will be the funding source.  A program of shared cost will be introduced later for a certain length of time.  That program will also be recommending to the Council, some of those funds to be expended for making up for damage that the City had in their own rights-of-way, on City property, medians and park areas.

 

Council Member Clouse introduced Ordinance No. 7352, being Subsection 7 of Agenda Item VI to add a new Article 5 entitled “Trees and Shrubbery” to Chapter 7 “Park and Recreation” of the Code of the City of Kearney to adopt a community tree plan in or upon any street, parkway, sidewalk space, or other public right-of-way within the City of Kearney, 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, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7352 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Lammers that Ordinance No. 7352 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7352 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. 7353 – REPEAL SECTIONS 9-1205, 9-1206, 9-1207, 9-1208, 9-1209 OF CHAPTER 9 “PUBLIC WORKS” OF CITY CODE

 

Regular Agenda Items 7, 8 and 9 were discussed together.

 

Council Member Clouse introduced Ordinance No. 7353, being Subsection 8 of Agenda Item VI to repeal in its entirety Section 9-1205 “Tree Planting in Street” of Article 12 “Streets and Sidewalks” of Chapter 9 “Public Works” of the Code of the City of Kearney; to delete in its entirety Section 9-1206 “Improvement of Space Between Lot and Curb; Damage to Cultivation” of Article 12 “Streets and Sidewalks” of Chapter 9 “Public Works” of the Code of the City of Kearney; to delete in its entirety Section 9-1207 “Destruction, Etc., of Street Trees, Plantings, Etc.” of Article 12 “Streets and Sidewalks” of Chapter 9 “Public Works” of the Code of the City of Kearney; to delete in its entirety Section 9-1208 “Trimming Branches Overhanging Streets and Sidewalks” of Article 12 “Streets and Sidewalks” of Chapter 9 “Public Works” of the Code of the City of Kearney; to delete in its entirety Section 9-1209 “Vision Clearance” of Article 12 “Streets and Sidewalks” of Chapter 9 “Public Works” of the Code of the City of Kearney, 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, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7353 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Lammers that Ordinance No. 7353 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7353 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. 7354 – AMEND SECTION 48-109 OF CHAPTER 48 “LANDSCAPING AND SCREENING STANDARDS” OF CITY CODE

 

Regular Agenda Items 7, 8 and 9 were discussed together.

 

Council Member Clouse introduced Ordinance No. 7354, being Subsection 9 of Agenda Item VI to amend Subsection C “Obstruction of View” of Section 48-109 “General Provisions” of Chapter 48 “Landscaping and Screening Standards” of the Code of the City of Kearney to reflect the reference of Section 7-520 “Vision Clearance” with regard to landscaping and screening, 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, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7354 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Lammers that Ordinance No. 7354 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7354 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. 7355 – AMEND SECTIONS 59-103 AND 59-104 OF CHAPTER 59 “ADMINISTRATION AND PROCEDURES” OF CITY CODE

 

At the April 24, 2007 City Council meeting, the Council voted to approve a code amendment to provide written notification to property owners within 200 feet of a proposed rezoning or conditional use permit (CUP) application in the interest of better citizen awareness.  In Kearney, our current procedures meet the requirements of state law by publishing in the paper and posting the property with signs.  Sending written notice will be above and beyond minimum requirements and will be the best way to inform absentee owners.  In order to minimize costs to all parties involved while maximizing the benefits of public awareness the following procedures are proposed for this process:

• Developer will obtain a certified legal description from the Register of Deeds for the subject property proposed for rezoning or CUP.

• Developer will submit the legal description along with an application titled Request for 200-Foot Vicinity Map to the City.
• Based on the legal description provided, the City will generate a graphic map showing the boundaries of the subject property and the 200-foot arc of influence.  The map shall be provided to the Developer within 10 working days of the day the request was submitted.

• The Developer will conduct the necessary ownership research and provide said information to the City as part of the submittal requirements for a rezoning or CUP application. The Developer will submit this information on a standard form entitled List of Property Ownership. There will be no requirements from the City for certified title companies or licensed abstractors to be involved in this process.

• The City will prepare a typewritten form letter of Public Notification for each of the property owners based on the List of Property Ownership provided by the Developer. Said letter will contain notice of the location and nature of the proposed rezoning or CUP action, the date, time and place of the proposed public hearing and contact information. The letters shall be mailed by the city 10 days prior to the date of the hearing. Certified or registered mailing will not be required.  Letters returned for bad address will not be reissued.

• City Clerk will send letters of public notification based on the List of Property Ownership 10 days prior to the date of the hearing.  This letter will contain notice of the location and nature of the proposed rezoning or CUP action, the date, time and place of the proposed public hearing and contact information. Certified or registered mailing will not be required.  Letters returned for bad address will not be reissued.

 

As proposed, these procedures will fit into the established timeline for application, advertising, posting and conducting the public hearings at Planning Commission and City Council. In addition to the new notification procedures, staff is proposing the following related amendments to Chapter 59 of the Code:

 

1)                   Restructured fee schedule for CUP’s, amendments and rezonings.

 

Type                                                                 Current Fee                   Proposed Fee

·         Conditional Use Permits (CUP)                       $100.00                         $200.00

·         Conditional Use Permit Renewal                             .00                          $50.00

·         Zoning Text Amendment                                 $100.00                         $150.00

·         Zoning Map Amendment (rezoning)                  $100.00                         $200.00

 

2)                   Procedure for renewal of active Conditional Use Permits.

 

In the past, CUP’s that were based on a renewable time frame, such as annually, have been renewed by the City without a formal adopted policy in place to process such renewals.  At this time, staff proposes to add language to Section 59-103 to describe the required process for renewing CUP’s when the renewal term comes due.  The City will require a written letter from the permit holder requesting that the CUP be approved for the next term, for example annual permits would be renewed for one year.  A $50.00 filing fee will also be required. The permit holder will not have to meet the written notification procedures as part of the renewal process.  However, only permits in good standing will be allowed to be renewed.  If violations of the conditions that were placed on the permit by City Council at the original approval are found to be present, the CUP will be revoked.  Reapplication or a change in use that requires expansion of the CUP authorized activity or land use shall require the applicant to reapply and work through the entire CUP approval process again, including the written notification requirements. 

 

The attached ordinance shows the proposed text amendments in strikeout/underline format that will need to be adopted for Chapter 59 to implement the written notification procedures, the CUP renewal process and the fee schedule revisions. 

 

The application forms for rezoning, text amendment and CUP’s will be amended to reflect the procedures that are enacted in 59-103 and 59-104.  Two new forms will be created for distribution to applicants to assist them in following the new notification procedures:

• Request for 200-Foot Vicinity Map
• List of Property Ownership

 

Once this ordinance is adopted by the City Council, the development community will be notified of the upcoming requirements in the City Development Newsletter.  These changes will take effect August 15, 2007.

 

Council member Kearney stated that he is still concerned about litigation regarding this issue.  At the present time, the City is satisfying state law and so did not believe that it needs to be modified. 

 

Council member Lammers stated that he has talked to several attorneys in the last couple of weeks. His concern was if they pass this and miss issuing the letter notification to one of the property owners, it appeared to him we are setting precedence to what is accepted in Kearney. By doing so, would constitute it being the City’s responsibility and the developers to contact these people.  His concern is that we would open ourselves to litigation that we did not need to do because we are already meeting state statues.

 

Council member Lammers stated that he agreed with Council members Kearney and Lear. After studying this issue more, he also is concerned about the long range ramifications. They have a process that works well. Clearly the intent behind this ordinance is to do something good, which is to keep citizens better informed. The process that we have works well and meets state statutes and was not something that the City had a lot of complaints on.  He would not be in favor of sending letters at this time.  The biggest issue is making it clear and establishing what it means when that sign is posted on a property.

 

Council member Buschkoetter stated that he did not believe that the City can ever protect itself completely from litigation. It is just a matter if you can win the law suit.  If people would make a good faith effort and follow the guidelines of what is set out in the ordinance itself, it is unlikely the City could get sued.  He pointed out that the City has been sued before even when it followed state guidelines.  He believed establishing the guidelines in the ordinance that a reasonable person could follow was sufficient.  They could do some homework and would be able to determine a reasonable effort to contact property owners as best they could.  He believed that a letter would be a better way to keep people informed and would gain a tremendous amount of customer service by having this notification process without placing an undo burden.  He believed the City staff did a nice job of coming up with a reasonable compromise.

 

Council member Kearney stated that there is a certain amount of expense involved by needing an abstractor to determine who the property owners are within the 200-foot radius. He was not so concerned about the City getting sued, but believed the contractor should have a concern about it which could be caused by an oversight. 

 

Council member Lammers stated that contractors have expressed concern about that also because the best way to protect them is to go through a title insurance company rather than trying to do it themselves. The cost for that is approximately $35.00 per owner to research. He believed that the City could do other things that were suggested such as: put the notice in the paper with a map pinpointing the location, putting the information on our City website so that an absentee owner could check that periodically.

 

Council member Buschkoetter stated that the City is not requiring them to use an abstractor.  Other cities have this policy of issuing letters and Attorney Lindstrom had stated that he did not know of any suits that have come up regarding this issue.   

 

Mayor Clouse said the request to look into this came from the Council and was not driven by the Planning Commission or staff or the City Manager.  The question was is there any additional steps that we can take to make this process more complete.  Based on the comments from the members of the Council, he did not believe there is enough support on the Council to proceed any further.  He agreed with Council member Buschkoetter that it is something that is a minimal impact.  What he is hearing is that we want to make a better process, but we are not able to do so because we cannot achieve perfection and there is the worry about potential law suits.  He recognized that staff put a lot of thought and research into this request from the Council and he expressed his appreciation for their effort. 

 

Moved by Lammers and seconded by Lear to deny amending Section 59-103 “Conditional Use Permit Procedure” of Chapter 59 “Administration and Procedures” of the Code of the City of Kearney to establish procedures to implement for written notification to property owners within 200 feet of a proposed conditional use permit application; to increase the filing fee to $200.00; to establish procedures and guidelines to implement for renewal of active conditional use permits and to require a file fee of $50.00; to amend Section 59-104 “Amendment Procedure” of Chapter 59 “Administration and Procedures” of the Code of the City of Kearney to increase the filing fee to $150.00 for text amendments for zoning regulations; to establish procedures to implement for written notification to property owners within 200 feet of a proposed rezoning application and to increase the filing fee to $200.00. Roll call resulted as follows:  Aye: Buschkoetter, Lear, Lammers, Kearney. Nay: Clouse. Motion carried.

 

PROCEED WITH NEGOTIATIONS WITH CHARTER COMMUNICATION ON CABLE FRANCHISE AGREEMENT

 

Mayor Clouse opened for discussion authorizing the City Manager and City Attorney to proceed informally and/or formally in the renewal of the Cable Franchise Agreement with Charter Communications and to consider approval of Resolution No. 2007-87.

 

Assistant to City Manager Amber Brown presented this matter to the Council. The cities of Grand Island and Kearney, Nebraska, have jointly been working on the cable television franchise renewals with Charter Communications as Charter Communications is the company providing cable television service to both communities. The cities in their cooperative efforts have completed various reviews and surveys. Both cities initiated the process of identifying the cable related needs and interests and evaluated existing cable systems in their communities operated by Charter.

 

In March of 2006, the cities contracted with Moss & Barnett to conduct a review of the financial history and financial qualifications of Charter Communications, a review of the company's financial projections and a review of past franchise fees paid by the company to the cities. The Franchise Fee Payment Desk Review was completed and the results have been turned in to the city.

 

A Community Needs Assessment was completed for both communities, by contracting with Ms. Susan Bisno Massel to determine the public's future cable related needs and interests as they relate to public, education and governmental programming and facilities, including interviews and site visits with community representatives, focus groups and public meetings. In June of 2006, Ms. Massel completed on site visits to both communities and has issued her report and findings to both cities. Also, the cities conducted a residential needs assessment, which included a telephone survey of randomly selected Charter cable subscribers and non-subscribers. The cities contracted with Dr. Constance Ledoux Book to prepare the telephone survey instrument. Dr. Book reviewed and analyzed the results of this survey and prepared the reports for the cities.

 

After conducting the above mentioned surveys and reviews, both the cities of Kearney and Grand Island submitted to Charter Communications draft cable television franchise agreements. In March of 2007, Charter responded to the drafts that were submitted to it by the cities back in December, 2006. Charter's response included numerous revisions to the draft franchise agreements that had been submitted, essentially taking out most meaningful items from the draft franchise agreements.

 

The Cable Act, the Federal Law that controls cable franchise agreements, allows for two different ways to renew cable franchise agreements. The first is the informal renewal process, which the cities of Kearney and Grand Island have been pursuing with Charter Communications. The second way is the formal process which includes definite time lines and deadlines. At the current time, the city would still wish to make one more effort to pursue the franchise renewal in an informal fashion but should that effort fail, staff is recommending that council authorize the commencement of the formal process.

 

Should the cities choose to request a formal proposal from Charter, the Federal Law would permit the cities to establish a deadline for submission of Charter's formal proposal and thereafter the cities would have four months in which to accept or reject Charter's proposal.

 

Moved by Lear seconded by Clouse to authorize the City Manager and City Attorney to proceed informally and/or formally in the renewal of the Cable Franchise Agreement with Charter Communications and approve Resolution No. 2007-87. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-87

 

            WHEREAS, Resolution No. 2006-30 was approved by the City Council on February 28, 2006, entering into an Interlocal Agreement between the cities of Kearney, Nebraska and Grand Island, Nebraska for joint services of consultant fees for cable franchise renewal; and

            WHEREAS, a Community Needs Assessment was completed for both the communities of Kearney, Nebraska and Grand Island, Nebraska to determine the public's future cable related needs and interests; and

            WHEREAS, after completion of the Community Needs Assessment, a proposed cable television franchise agreement was submitted to Charter Communications by both the cities of Kearney and Grand Island; and

            WHEREAS, after receipt of the proposed franchise agreement, Charter Communications' response included numerous revisions; and

            WHEREAS, under Federal Law, the Cable Act allows renewal of a cable franchise agreement either formally or informally; and

            WHEREAS, it is in the best interests of the City of Kearney that the City Council authorize the commencement of both the informal and formal processes.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City Manager and City Attorney are hereby authorized to proceed informally and formally, if required, in the renewal of the cable franchise agreement with Charter Communications.

            PASSED AND APPROVED THIS 8TH DAY OF MAY, 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 - $40,238.21, NPPD - $3,741.33, SCHOOL DISTRICT #7 - $1,720.60

 

Moved by Buschkoetter seconded by Kearney that Open Account Claims in the amount of $40,238.21 payable to Platte Valley State Bank, and in the amount of $3,741.33 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Kearney, Buschkoetter, Lammers. Nay: None. Clouse and Lear abstained. Motion carried.

 

Moved by Clouse seconded by Kearney that Open Account Claims in the amount of $1,720.60 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Clouse, Lear, Kearney. Nay: None. Buschkoetter and Lammers abstained. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Lear seconded by Buschkoetter that Council adjourn at 8:30 p.m. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

                                                                                    STANLEY A. CLOUSE

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK