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Kearney, Nebraska

August 14, 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 August 14, 2007, in the Council Chambers at City Hall.  Present were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Bruce Lear, and Bob Lammers. Absent: None. Michael Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant to City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Jim Ganz, Jr., Qiu Fang Zhao, Jim Tacha, Mitch Humphrey, Paul Brungardt, Kirby Andersen, Art Hansen, Jeff Shields, Richard Stacy, Calvin Shear, Andy Harter, Bruce Grupe, Dan Lynch, Mike Konz from Kearney Hub, Paul Wice from KGFW Radio.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Father Matt Koperski from St. James Catholic Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scout Philip Martin from Troop 158 led the Council members and audience in the Pledge of Allegiance.

 

ANNOUNCEMENT

 

Mayor Clouse announced that in accordance with Section 84-1412 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is available for review and is posted towards the back of the Council Chambers.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

BOARD OF EQUALIZATION – WATER CONNECTION DISTRICT NO. 2006-1

 

Mayor Clouse opened the public hearing for the Council to meet as the Board of Equalization to determine a connection fee in the amount of special benefits accruing to the property in Water Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street and to consider approval of Resolution No. 2007-146.

 

The City created Water Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street. The connection fee for this water connection district is not levied as liens or assessments against the benefited property whereby annual payments that accumulate interest are due.  Rather, the connection fee is approved by the City Council sitting as the Board of Equalization then filed at the Buffalo County Register of Deeds Office so that future owners are aware that connection fees will be collected when the property connects to City water.

 

The connection fee for the Water Connection District has been calculated according to City policy in the amount of $17.04 per foot of frontage.  The property owners pay the connection fee multiplied by the property frontage when they connect to the water main.  The policy calls for the cost of an 8-inch diameter pipe to be charged to the abutting or benefited properties. The City pays for larger diameter pipe in excess of 8 inches, fire hydrants, valves, and pipefittings, etc.

 

A schedule of the connection district was provided to the Council prior to the meeting. Certified notification was made to all property owners and interested parties at least ten days (July 30) prior to the Board of Equalization.

 

In order to satisfy state law, when connection districts are completed, the City Council must act as a Board of Equalization to determine a connection fee in the amount of special benefits accruing to the property.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lammers to close the hearing as the Board of Equalization and approve the a connection fee in the amount of special benefits accruing to the property in Water Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street and approve Resolution No. 2007-146. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-146

 

            WHEREAS, on the 28th day of February, 2006, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 7240 creating Water Connection District No. 2006-1, the said water main has been constructed in accordance with said Water Connection District No. 2006-1 and the costs thereof have been reported to the City Council; and

            WHEREAS, the City Council, sitting as a Board of Equalization, has determined the benefits to abutting property in the District to be shown on the Schedule, marked Exhibit “A”, attached hereto and made a part hereof; and

            WHEREAS, Section 16-6,103 of the Nebraska Revised Statutes provides that the special benefits determined by the Board of Equalization shall not be levied as special assessments against the property within the District, but shall be certified to the Register of Deeds of the County.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the benefits to abutting property in Water Connection District No. 2006-1 are as found and determined by the Council, sitting as a Board of Equalization, as shown and set forth on Exhibit “A”.

            BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to file a certified copy of this Resolution in the Office of the Buffalo County Register of Deeds.

            BE IT FURTHER RESOLVED that a connection fee equal to the amount of the benefit accruing to the property as set by the benefit schedule (Exhibit “A”) shall be paid to the City at the time the respective properties are connected to the water main constructed in Water Connection District No. 2006-1 and that no property thus benefited by said main improvements shall be connected to the main until said connection fee is paid.

            BE IT FURTHER RESOLVED that upon payment by abutting owners of the connection fee, the City shall notify the Buffalo County Register of Deeds that the individual connection fees have been paid and satisfied.

PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

HUNAN’S LIQUOR LICENSE

 

Mayor Clouse opened the public hearing on the Application for a Class C-78045 Liquor License submitted by YQF FOOD, INC., dba “Hunan’s Chinese Restaurant” located at 305 West 11th Street, consider the Application for Corporate Manager of Qiu Fang Zhao and consider approval of Resolution No. 2007-147.

 

Attorney Jim Ganz Jr. presented this matter to the Council. They recently purchased Hunan’s from Steve Liang.  His clients had a great mentor in Mr. Liang, who owned Hunan’s for many years.  It was his understanding that Mr. Liang never had license violations and his police reports have always been exemplary.  He has passed on that philosophy and behavior to the purchasers.  He sees nothing in his clients’ conduct that would indicated that they would not follow that same exemplary conduct.  Their policy is to inform all their employees if they sell alcohol to minors, they will be fired.  The Zhaos have been in contact with the Kearney Police Department and have completed the Responsible Beverage Training program on July 24th.  All of their employees, at this time, are over the age of 21 and have been trained in the ID process.

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Lear to close the hearing and approve the Application for a Class C-78045 Liquor License submitted by YQF FOOD, INC., dba “Hunan’s Chinese Restaurant” located at 305 West 11th Street, consider the Application for Corporate Manager of Qiu Fang Zhao and approve Resolution No. 2007-147.  Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-147

 

            WHEREAS, YQF FOOD, INC., dba “Hunan’s Chinese Restaurant” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class C-78045 (Beer, Wine and Distilled Spirits – On and Off Sale Only) Liquor License to do business at 305 West 11th Street, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, YQF FOOD, INC., dba “Hunan’s Chinese Restaurant” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Qiu Fang Zhao; and

            WHEREAS, a hearing was held relating to said application on August 14, 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-78045 (Beer, Wine and Distilled Spirits – On and Off Sale Only) Liquor License to YQF FOOD, INC., dba “Hunan’s Chinese Restaurant” located at 305 West 11th Street, Kearney, Nebraska, and to approve the application for Corporate Manager of Qiu Fang Zhao.

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

            PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

FINAL PLAT FOR GRANDVIEW ESTATES TENTH; EAST OF SUNRISE MIDDLE SCHOOL, NORTH OF 45TH STREET AND WEST OF AVENUE R

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for The School District of the City of Kearney, Buffalo County, Nebraska (Owner) for final plat approval for “GRANDVIEW ESTATES TENTH” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 1 of Block 1 (to be vacated), Grandview Estates, an addition to the City of Kearney, Buffalo County, Nebraska, being part of the North Half of Southwest Quarter of Section 30, Township 9 North, Range 15 West of the 6th P.M., containing 28.71 acres, more or less, Buffalo County, Nebraska (east of Sunrise Middle School, north of 45th Street and west of Avenue R) and to consider approval of Resolution No. 2007-148.  Planning Commission recommended approval.

 

Council member Buschkoetter stated he would be abstaining from this matter for the reason he is an employee of the Kearney Public Schools.

 

The applicant is requesting approval for an eleven lot subdivision that includes Sunrise Middle School, to be known as Grandview Estates Tenth. The subject property includes the school and vacant land extending east of the school to Avenue R and north of 45th Street.  All of the property is owned by Kearney Public Schools. The property is zoned Urban Single-Family Residential District.

 

The subject property is currently encompassed in one large lot of approximately 28.71 acres.  This lot, known as Lot 1 of Block 2, Grandview Estates will be vacated so that it can be subdivided into 11 lots and become Grandview Estates Tenth.

 

The Preliminary Plat for Grandview Estates Tenth consists of 22 lots and was approved by Planning Commission on July 20, 2007.  The Final Plat consists of 11 lots;  the eight lots on 47th Street Place, another lot that is shown as eight lots and a cul-de-sac on the Preliminary, another lot that is shown as five lots along 45th Street on the Preliminary, and the remaining large lot that comprises the school building and outside facilities. 

 

Lots 9, 10 and 11 on the Final Plat will continue to be used for school activity while Lots 1 through 8 are clustered around a cul‑de-sac to be known as 47th Street Place.  These single-family residential lots will be used by the Construction Technology class at Kearney High School to build houses.  Lots 9 and 10 will be used for athletic programs in the near future, but could be further subdivided as shown on the Preliminary Plat for additional single-family lots to be retained by KPS for the Construction Technology program or sold to community home builders. 

 

A Public Works Plan has been prepared for this subdivision. Sanitary sewer and municipal water are available to the site.  Drainage easements are shown along the rear yards of Lots 5 through 8 abutting Lot 9 on the Final Plat. The public sidewalk on the north side of 45th Street shall be extended east to Avenue R. The walk along the west side of Avenue R to the proposed cul-de-sac will be built in the future based on pedestrian activity.  In the interim, there is a public sidewalk on the east side of Avenue R.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. When the Sunrise Middle School was built, they purchased approximately 28.71 acres and built the school toward the westerly side of the complex with an athletic field in the center.  When the site was being developed by Mr. and Mrs. Rochford, they did not know exactly how much ground the school was going to purchase. They anticipated there might be a need for some lots in the general location along Avenue R.  Facilities Director Art Hansen and Jeff Shields, Construction Technology instructor for the Public Schools, asked if they could design lots into that location.  The Planning Commission’s only request was that they do some easements as presented in the Final Plat.  The School System requested that they receive the preliminary plat which showed the cul-de-sac on the north side, the large lot south of that cul-de-sac where there are eight lots that could be final platted someday, and also the long narrow lot south of that on the intersection of Avenue R and 45th Street where another five lots could be developed.  At this time, only the eight lots will be developed and the rest will be reserved for athletic purposes or whatever plans the Public Schools has for it.  By doing this preliminary platting, it will hopefully save the Public Schools and the City time in the future.

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Clouse to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for The School District of the City of Kearney, Buffalo County, Nebraska (Owner) for final plat approval for “GRANDVIEW ESTATES TENTH” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 1 of Block 1 (to be vacated), Grandview Estates, an addition to the City of Kearney, Buffalo County, Nebraska, being part of the North Half of Southwest Quarter of Section 30, Township 9 North, Range 15 West of the 6th P.M., containing 28.71 acres, more or less, Buffalo County, Nebraska (east of Sunrise Middle School, north of 45th Street and west of Avenue R) and approve Resolution No. 2007-148. Roll call resulted as follows: Aye: Clouse, Kearney, Lear, Lammers. Nay: None. Buschkoetter abstaining. Motion carried.

 

RESOLUTION NO. 2007-148

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “GRANDVIEW ESTATES TENTH” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being Lot 1 of Block 2, (now vacated) Grandview Estates, an addition to the City of Kearney, Buffalo County, Nebraska being part of the North Half of the Southwest Quarter of Section 30, Township 9 North, Range 15 West of the 6th P.M., containing 28.71 acres, more or less, Buffalo County, Nebraska and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

            PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

DEVELOPMENT PLANS FOR CASEY’S; 607 WEST 39TH STREET

 

Mayor Clouse opened the public hearing on the Application submitted by Casey’s General Store (Applicant and Owner) for Planned District Development Plan Approval for the construction of a storage shed on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 2, Windsor Estates Second Addition to the City of Kearney, Buffalo County, Nebraska (607 West 39th Street) and to consider approval of Resolution No. 2007-149. Planning Commission recommended that the Development Plans for a freestanding storage shed be approved subject to revising the location of the shed (completed) and adding landscaping. The Applicant needs to clarify the amount of new landscaping, species and size.

 

The applicant is requesting approval of Development Plans for the addition of a 10 foot by 12 foot free-standing storage shed on the west side of the existing convenience store building at 607 West 39th Street. The shed will have a flat roof and brick wainscoting on the south façade facing the street. The exact location of the shed is shown on the plan.  It is important to the Planning Commission that the shed be located as far north and as close to the existing building as possible. The Planning Commission also requested that the applicant minimize the amount of concrete sidewalk and pad around the shed an add landscaping on the south side of the shed area to help soften its presence. The plans have been revised by the applicant according to these directions from Planning Commission.

 

The landscaping that is shown is a bit unclear.  It is difficult to tell from the plans what is existing and what is proposed.  Also, no species or sizes are listed.

 

There appears to be enough room on the west side of the existing building for the shed to meet setback requirements. However, in the site tabulations presented by the applicant, the total impervious site coverage is shown to be 90.6% and 80% is the maximum allowed by code in this zoning district. Planning Commission requested that the applicant demonstrate compliance with the 80/20 impervious to open space ratio. The revised plans indicate that the impervious to green space ratio is at an acceptable 75/25 ratio.

 

Jim Tacha from Casey’s General Store presented this matter to the Council. The Planning Commission requested some bushes be planted in front of the store and that the concrete slab would be the same size as the shed.  Mr. Tacha stated the slab will be the same size as the shed and there will still be twenty-five percent of green space remaining.

 

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 Casey’s General Store (Applicant and Owner) for Planned District Development Plan Approval for the construction of a storage shed on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 2, Windsor Estates Second Addition to the City of Kearney, Buffalo County, Nebraska (607 West 39th Street) and approve Resolution No. 2007-149 subject to the Applicant shall provide a landscaping plan, including species and size, between the shed and the parking lot to buffer the storage shed. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-149

 

            WHEREAS, Casey’s General Store (Applicant and Owner) has applied for Planned District Development Plan Approval for the construction of a storage shed on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1 of Block 2, Windsor Estates Second Addition to the City of Kearney, Buffalo County, Nebraska (607 West 39th Street).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Casey’s General Store (Applicant and Owner) for Planned District Development Plan Approval for the construction of a storage shed on property zoned “District C-2/PD, Community Commercial District/ Planned Development Overlay District” and described as Lot 1 of Block 2, Windsor Estates Second Addition to the City of Kearney, Buffalo County, Nebraska (607 West 39th Street) be approved subject to compliance that the Applicant shall provide a landscaping plan, including species and size, between the shed and the parking lot to buffer the storage shed.

            PASSED AND APPROVED THE 14TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

FINAL PLAT FOR HIGH PLAINS ESTATES SECOND; EAST OF 28TH AVENUE BETWEEN 39TH STREET AND 43RD STREET

 

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

 

Mayor Clouse opened the public hearing on the Application submitted by Richard Stacy from Miller & Associates (Applicant) for New Life Assembly (Owner) for final plat approval for “HIGH PLAINS ESTATES SECOND” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 1, High Plains Estates, a subdivision of Buffalo County, Nebraska (to be vacated); the west half of vacated 26th Avenue abutting said Lot 1; and Lots 2, 3, 4, 5, 6 of Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) and all in the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10.42 acres, more or less, Buffalo County, Nebraska (east of 28th Avenue between 39th Street and 43rd Street) and to consider approval of Resolution No. 2007-150. Staff recommended approval subject to completing the sidewalk on the east side of 28th Avenue from the corner of 43rd Street to 39th Street within two years from the date the final plat is approved by City Council and that the sidewalk on the south side of 43rd Street be competed within one year of the completion of the sidewalk along the south side of 43rd Street on the adjacent condominium property to the east, which is Lot 1 of Block 7, Lighthouse Point.

 

The applicant is requesting approval to replat the property containing New Life Assembly Church currently platted as High Plains Estates and part of Lighthouse Point located at 2715 West 39th Street. This project requires vacation, replatting and annexation as the land has never previously been annexed into the corporate limits. The property is zoned Rural Residential District (Rural Standards) and Urban Residential Mixed-Density District/ Planned Development District.

 

Lot 1, High Plains Estates and part of Lot 1, and Lots 2 through 6 of Block 7 all in Lighthouse Point Addition must be vacated in order to replat this property into a one-lot subdivision to be known as High Plains Estates 2nd Addition.

 

The Preliminary Plat for Highland Estates 2nd was approved by Planning Commission on July 20, 2007.  The Preliminary and Final Plat for High Plains Estates 2nd both consist of one lot comprising 10.42 acres.  Basically, all of the lots in the previous lot arrangement are being combined into a single lot. 

 

It is the understanding of Staff that the property owner would like to disassociate the property from the Lighthouse Point Homeowner’s Association. The City does not get involved in private owner associations or any of the rules or covenants they may put into force and effect. The Homeowners Association did contact the City and state that it was fine by them if the church is no longer part of the association, but they did request that public sidewalks be installed along 43rd Street and 28th Avenue where they are missing.  Staff concurs.

 

The subject property is already developed with the church and associated facilities. This development activity took place before the property was a part of the city and therefore public sidewalks were not required at that time. A portion of the public sidewalk has been constructed along 28th Avenue abutting the church parking lot towards 39th Street. There is no public sidewalk on the church property abutting 43rd Street, although the sidewalk exists on the north side of the street. The applicant told the Planning Commission that it was their opinion that the existing sidewalks are adequate and that additional sidewalks would not connect to anything. Planning Commission agreed with the Homeowners Association that sidewalks should be installed.  After a long discussion and analysis of several alternatives the Commission decided on the following recommendation to address these sidewalk issues:

 

The public sidewalk along the east side of 28th Avenue shall be installed from the terminus of the existing walk on the church property north to 43rd Street within two years of City Council approval of the Final Plat. The public sidewalk along the south side of 43rd Street shall be constructed within one year of the completion of the connecting sidewalk to the east in the condominium development.

 

Ten feet of additional public right-of-way has been dedicated along 39th Street on the Final Plat bringing the total right-of-way width to 50 feet from centerline of the street.  No Public Works Plan is required, contour elevations and locations of utilities have been waived from the platting requirements. 

 

Through the years as this property and surrounding property has developed, the majority of this property in High Plains Estates has never been annexed.  This property is now surrounded by annexed lands and has public infrastructure, so the City is taking this subdivision request as an opportunity to annex the property into the corporate limits and get the necessary sidewalks constructed.

 

Richard Stacy from Miller & Associates presented this matter to the Council. Currently, the New Life Assembly located along 39th Street is not in the City limits.  It is also comprised of five lots of the Lighthouse Point Subdivision which were purchased when Lighthouse Point Subdivision was created.  The original High Plains Estates was a rural subdivision because when it was first developed, 39th Street was still a gravel County road.  Lighthouse Point surrounded the property, but the property was never annexed into the City.  The New Life Assembly Church would like to disassociate from those five lots of Lighthouse Point Subdivision.  Lighthouse Point has a homeowners association to which they pay an annual assessment from which the Church derives no benefit.  Since the Church has no plans to develop housing there, they use two of those lots for parking for their facility.  They are requesting to replat those and create a single plat subdivision and remove the lots from Lighthouse Subdivision. Since it has not been annexed, the City staff required that it be annexed at this point.  The Church has no resistance to annexing this property into the City.  Currently, the Church does not have benefit of City water, but is connected to City sewer.

 

Mr. Stacy stated that the “catch of the whole thing” is the sidewalk issue.  When they went to Planning Commission, City staff requested that a sidewalk be installed along 43rd Street from which the Church is deriving no benefit.  However, Lighthouse Point is allowing them to opt out of their ownership and so the Church agreed to pay for the sidewalk for them because the Church is getting out of an annual assessment.  Planning Commission members were in dispute among themselves about requiring a sidewalk along 28th Avenue. Their decision was to require sidewalks all the way around.  Mr. Stacy stated that going into the meeting they had no intention of putting any sidewalk out there because it doesn’t go anywhere.  While they were agreeable to putting the sidewalk in along 43rd Street as a good gesture, they were not prepared for the proposed sidewalk along 28th Avenue. Located on the west side of 28th Avenue is a communication site where no one is going to build or put a sidewalk.  The Church has already built sidewalk along the part that is paved.  The Church has complied with City regulations in all of their additions, but believed the request for sidewalk along 28th Avenue was stretching it.  The Planning Commission did grant a two year time frame to get the sidewalk built on 28th Avenue.

 

Mr. Stacy stated after the meeting, he did some figuring and found those sidewalks being required would amount to $15,000.00 to build.  They understand the sidewalks are for the public good and they want to do what it right; however, they requested an extension of time from two to five years.  He said looking from a community standpoint, the sidewalks should be there and he did not fault the Planning Commission for their determination.  The Church would be receiving the benefit of $1,250.00 a year by not having to pay the assessment.  However, as a trade off, in two years they would have to invest $15,000.00 which they believed was lopsided.  Mr. Stacy requested on behalf of New Life Assembly that they be allowed five years to build the 28th Avenue sidewalk so they can invest the money they would have paid to the homeowners association into City sidewalks for a win/win situation. 

 

Mr. Stacy stated the Planning Commission determined that when the property to the east of the Church completes their sidewalk, they would have a year after that to complete the sidewalk on the south side of 43rd Street. He believed that was reasonable.  The larger part is almost 500 feet on 28th Avenue ($8,000.00) which is a little demanding short term. Since the sidewalk on 28th Avenue really does not go anywhere to any facility, they would like some consideration on the time to get it completed. There was some discussion by Council about the possibility that 28th Avenue could be put in before the property to the east develops.

 

City Manager Michael Morgan stated one of the concerns would be that every block that does not have a sidewalk creates a problem.  All of these streets are connected to go south and connect to the hike/bike trail to the west.  He did not know when 28th Avenue was constructed or what the logic was that no sidewalks were put in at that time. Director of Public Works Rod Wiederspan stated that typically the City has not built sidewalks with any of their road projects.  Recently, for example, along 39th Street they have put in the hike/bike trails along arterial streets. 

 

Typically, in a residential subdivision, they have not installed sidewalks with a road project.  The Church was outside the City limits and with this annexation it will be inside the City limits.  28th Avenue was within the City limits, but the Church and the tower site to the west were outside.  28th Avenue was platted as part of Lighthouse Point because they had that strip and wanted another access point.  There could possibly be some commercial development that could go in underneath that tower, but he would doubt there would ever be housing under it.  

 

Discussion was held and the Council was in agreement to allow the extension.

 

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 Richard Stacy from Miller & Associates (Applicant) for New Life Assembly (Owner) for final plat approval for “HIGH PLAINS ESTATES SECOND” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 1, High Plains Estates, a subdivision of Buffalo County, Nebraska (to be vacated); the west half of vacated 26th Avenue abutting said Lot 1; and Lots 2, 3, 4, 5, 6 of Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) and all in the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10.42 acres, more or less, Buffalo County, Nebraska (east of 28th Avenue between 39th Street and 43rd Street) and approve Resolution No. 2007-150 subject to completing the sidewalk on the east side of 28th Avenue from the corner of 43rd Street to 39th Street within five years from the date the final plat is approved by City Council and that the sidewalk on the south side of 43rd Street be competed within one year of the completion of the sidewalk along the south side of 43rd Street on the adjacent condominium property to the east, which is Lot 1 of Block 7, Lighthouse Point. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-150

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “HIGH PLAINS ESTATES SECOND” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being Lot 1, High Plains Estates, a subdivision in the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (now vacated), the West Half of vacated 26th Avenue abutting said Lot 1 and Lots Two through 6 inclusive, Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska (now vacated) and part of Lot 1, Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska, more particularly described as follows: Beginning at the Northeast corner of Lot 2, Block 7 in said addition; thence in a southerly direction on the line common to Lot 1 and Lot 2 a distance of 156.95 feet to the Southeast corner of said Lot 2; thence in an easterly direction on the south line of said Lot 2 (if extended easterly) a distance of 33.0 feet; thence in a northerly direction parallel with the line common to said Lots 1 and 2 a distance of 166.65 feet to a point that intersects on the south right-of-way line of 43rd Street, a street in the City of Kearney, Buffalo County, Nebraska; thence in a southwesterly direction on the aforesaid south right-of-way line of 43rd Street a distance of 34.49 feet to the place of beginning (now vacated) and all in the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the Southeast corner of the Southwest Quarter of said Section 27 and assuming the south line of said Southwest Quarter as bearing S 89°51'52" W and all bearings contained herein are relative thereto; thence S 89°51'52" W and on said south line a distance of 997.78 feet to the centerline of vacated 26th Avenue (if extended southerly); thence N 00°16'55" E on said centerline (if extended southerly) a distance of 40.0 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the north right-of-way line of 39th Street, a street in the City of Kearney, Buffalo County, Nebraska and the south line of said Lot 1, High Plains Estates (now vacated) (if extended easterly); thence S 89°51'52" W on the north right-of-way line of said 39th Street and the south line of said Lot 1 (if extended easterly) a distance of 643.56 feet to the Southwest corner of said Lot 1, High Plains Estates (now vacated) and the east right-of-way line of 28th Avenue, an avenue in the City of Kearney, Buffalo County, Nebraska; thence N 00°12'30" E on the west line of said Lot 1 and the east right-of-way line of said 28th Avenue a distance of 553.47 feet to the Northwest corner of said Lot 1 and the Southwest corner of Lot 6, Block 7, in said Lighthouse Point (now vacated); thence N 00°07'34" E on the west line of said Lot 6, Block 7 a distance of 150.1 feet to the Northwest corner of said Lot 6, Block 7 and the south line of 43rd Street, a street in the City of Kearney, Buffalo County, Nebraska; thence N 89°50'18" E on the north line of Lots 2 thru 6 (inclusive), Block 7 and the south line of said 43rd Street a distance of 549.56 feet to the point of curvature; thence on a 280.0 foot radius curve to the left and continuing on the south line of said 43rd Street, forming a central angle of 19°53'09" a distance of 97.18 feet to the centerline of said vacated 26th Avenue (if extended northerly; thence S 00°16'55" W on said centerline (if extended northerly) a distance of 720.53 feet to the place of beginning, containing 10.42 acres, more or less, all in Buffalo County, Nebraska subject to completing the sidewalk on the east side of 28th Avenue from the corner of 43rd Street to 39th Street within five years from the date the final plat is approved by City Council and that the sidewalk on the south side of 43rd Street be competed within one year of the completion of the sidewalk along the south side of 43rd Street on the adjacent condominium property to the east, which is Lot 1 of Block 7, Lighthouse Point and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

            PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

ANNEXATION OF HIGH PLAINS ESTATES SECOND; EAST OF 28TH AVENUE BETWEEN 39TH STREET AND 43RD STREET

 

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

 

Mayor Clouse opened the public hearing on the Application submitted by Richard Stacy from Miller & Associates (Applicant) for New Life Assembly (Owner) for the annexation of “HIGH PLAINS ESTATES SECOND” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 1, High Plains Estates, a subdivision of Buffalo County, Nebraska (to be vacated); the west half of vacated 26th Avenue abutting said Lot 1; and Lots 2, 3, 4, 5, 6 of Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) and all in the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10.42 acres, more or less, Buffalo County, Nebraska (east of 28th Avenue between 39th Street and 43rd Street) and to consider approval of Resolution No. 2007-151.

 

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 Richard Stacy from Miller & Associates (Applicant) for New Life Assembly (Owner) for the annexation of “HIGH PLAINS ESTATES SECOND” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 1, High Plains Estates, a subdivision of Buffalo County, Nebraska; the west half of vacated 26th Avenue abutting said Lot 1; and Lots 2, 3, 4, 5, 6 of Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska and all in the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10.42 acres, more or less, Buffalo County, Nebraska (east of 28th Avenue between 39th Street and 43rd Street) and approve Resolution No. 2007-151. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-151

 

            WHEREAS, an Application has been submitted by Richard Stacy from Miller & Associates (Applicant) for New Life Assembly (Owner) for the inclusion of “HIGH PLAINS ESTATES SECOND” an addition within the corporate boundaries of the City of Kearney said property described as a tract of land being Lot 1, High Plains Estates, a subdivision in the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (now vacated), the West Half of vacated 26th Avenue abutting said Lot 1 and Lots Two through 6 inclusive, Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska (now vacated) and part of Lot 1, Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska, more particularly described as follows: Beginning at the Northeast corner of Lot 2, Block 7 in said addition; thence in a southerly direction on the line common to Lot 1 and Lot 2 a distance of 156.95 feet to the Southeast corner of said Lot 2; thence in an easterly direction on the south line of said Lot 2 (if extended easterly) a distance of 33.0 feet; thence in a northerly direction parallel with the line common to said Lots 1 and 2 a distance of 166.65 feet to a point that intersects on the south right-of-way line of 43rd Street, a street in the City of Kearney, Buffalo County, Nebraska; thence in a southwesterly direction on the aforesaid south right-of-way line of 43rd Street a distance of 34.49 feet to the place of beginning (now vacated) and all in the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the Southeast corner of the Southwest Quarter of said Section 27 and assuming the south line of said Southwest Quarter as bearing S 89°51'52" W and all bearings contained herein are relative thereto; thence S 89°51'52" W and on said south line a distance of 997.78 feet to the centerline of vacated 26th Avenue (if extended southerly); thence N 00°16'55" E on said centerline (if extended southerly) a distance of 40.0 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the north right-of-way line of 39th Street, a street in the City of Kearney, Buffalo County, Nebraska and the south line of said Lot 1, High Plains Estates (now vacated) (if extended easterly); thence S 89°51'52" W on the north right-of-way line of said 39th Street and the south line of said Lot 1 (if extended easterly) a distance of 643.56 feet to the Southwest corner of said Lot 1, High Plains Estates (now vacated) and the east right-of-way line of 28th Avenue, an avenue in the City of Kearney, Buffalo County, Nebraska; thence N 00°12'30" E on the west line of said Lot 1 and the east right-of-way line of said 28th Avenue a distance of 553.47 feet to the Northwest corner of said Lot 1 and the Southwest corner of Lot 6, Block 7, in said Lighthouse Point (now vacated); thence N 00°07'34" E on the west line of said Lot 6, Block 7 a distance of 150.1 feet to the Northwest corner of said Lot 6, Block 7 and the south line of 43rd Street, a street in the City of Kearney, Buffalo County, Nebraska; thence N 89°50'18" E on the north line of Lots 2 thru 6 (inclusive), Block 7 and the south line of said 43rd Street a distance of 549.56 feet to the point of curvature; thence on a 280.0 foot radius curve to the left and continuing on the south line of said 43rd Street, forming a central angle of 19°53'09" a distance of 97.18 feet to the centerline of said vacated 26th Avenue (if extended northerly; thence S 00°16'55" W on said centerline (if extended northerly) a distance of 720.53 feet to the place of beginning, containing 10.42 acres, more or less, all in Buffalo County, Nebraska; and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on July 20, 2007 on the inclusion of “HIGH PLAINS ESTATES SECOND” within the corporate limits and recommended the Kearney City Council approve said application; and

            WHEREAS, said application to include the land within the corporate limits was duly signed by the owners of the land affected with the express intent of platting the land as “HIGH PLAINS ESTATES SECOND” an addition to the City of Kearney, Buffalo County, Nebraska;

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on August 14, 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 “HIGH PLAINS ESTATES SECOND” shall be included within the corporate limits of the City of Kearney, Buffalo County, Nebraska, that the inhabitants of such addition shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules and regulations of the City of Kearney.

            BE IT FURTHER RESOLVED that the inclusion of “HIGH PLAINS ESTATES SECOND” within the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County Register of Deeds.

            PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

REZONE 515 2ND AVENUE

 

Public Hearings 7, 8 and 9 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Paul Brungardt (Applicant) for Hamilton Investments, Limited Partnership (Owner) to rezone from “District C-2, Community Commercial District” to “District C-2/PD, Community Commercial District/Planned Development Overlay District” property described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd Avenue). Planning Commission recommended approval including the requested code deviations.

 

The applicant is requesting approval of Development Plans for an expansion of the Midway Chevrolet site at 515 2nd Avenue.  The proposal includes a freestanding 70 foot by 160 foot building abutting the east side of the existing structure and parking lot expansion to the south along Central Avenue.  The new building will be used for automotive parts and service. This project requires rezoning, development plan approval and a Conditional Use Permit.

 

The site is currently zoned Community Commercial District.  The overall campus exceeds the four acre threshold that triggers planned zoning.  The applicant and owner agree that the project is best represented in a campus context and therefore the rezoning request is from Community Commercial District to Community Commercial District/Planned Development Overlay District to achieve the planned overlay district.

 

The Development Plans for the project depict the proposed improvements including the additional building, parking lot expansion, and associated landscaping and drainage.  Staff has reviewed the plan package and offers the following comments:

 

a)                   Existing site development exceeds the maximum allowable impervious to open space coverage ratios.  The additional land that will be included in the current site improvements allows an opportunity to add significant green space and landscape materials to meet the 20 percent open space requirement.  Staff has allowed the proposed landscaping to be concentrated in the areas to the east and south of the new building addition so that the new car display area in front of the store is free of any potential negative affects from the trees.  Trees in this area would cause extra maintenance and care of the new vehicles due to sap, bird droppings, broken limbs and leaf litter.  The overall campus will be 77.5 percent impervious, slightly less than the 80% maximum.

b)                   The Landscape Plan concentrates interior parking lot landscaping east of the addition and street trees along the Central Avenue frontage.  A nice bufferyard is provided between the parking lot expansion to the south and the motel to the west.  Street trees and irrigated turf grass will be added along the frontage road to the west between 2nd Avenue and the frontage road.  There shall be no parking of vehicles in the landscape areas along the frontage road.  All landscaped areas are to be irrigated.

c)                   A public sidewalk is shown along Central Avenue.

d)                   Code requires 35% enhanced construction materials on any street facing façade.  The east façade of the new building faces Central Avenue.  The applicant is proposing EFIS material to meet this code requirement.  Although staff generally requests brick, split face CMU or stone to meet this requirement, in this case General Motors corporate office is requesting the EFIS to match their corporate building enhancement program.  The applicant is requesting a deviation from this requirement for permission to substitute EFIS for brick, block or stone.  Planning Commission discussed this issue at length and, in the end, recommended approval of the EFIS material.  Some members of the Commission felt that brick wainscoting as well as EFIS should be required on the east façade.

e)                   Code requires a five-foot building setback for each 100 feet of lineal wall.  In this case, the building addition is freestanding, even though the buildings are abutting, and the length of the addition measures 70 feet, which is less than the 100 foot threshold.  The applicant is requesting a deviation from this requirement on the north and south walls of the building as the offset would extend too far into the driving lane and hinder access around the building.  The applicant is providing offset on the east façade.

f)                     All proposed light fixtures shall be sharp cut off fixtures.

 

Code requires a Conditional Use Permit (CUP) for automotive sales and service.  In discussions between the DRT team and the development team, everyone agreed that the proposed site improvements could be regulated through the planned district process or through the CUP process. It seems excessive to require both. However, to insure full compliance with code procedures the CUP request is also on the agenda.  Staff does not know of any development regulations or conditions that should be promulgated under the CUP. All of the issues have been covered under the planned district application. Therefore, staff recommends approval of the CUP as well as the Development Plans for this project as presented.

 

Paul Brungardt from Brungardt Engineering presented this matter to the Council. This is an expansion project for Midway Chevrolet.  Their present location is on the frontage road of 2nd Avenue and on the west side of Central Avenue just south of 6th Street.  North of their site is Perkins Restaurant with a motel on the south side. Their current facility consists of three separate lots. The west lot consists of a 13,400 square foot building which houses their auto service area, showroom, parts and offices.  Their back parking lot is to the east where used cars and service cars are stored.  They recently purchased some property to the south for their future expansion.  Because of their usage, they are required to get a Conditional Use Permit. The reason for the rezoning to a planned district is to incorporate the entire campus into one.  At the present time, their new cars are stored on the west parking lot in front of their building. 

 

Mr. Brungardt stated that in discussing this with City staff, they do not want to put any type of raised medians, trees or improvements on this site because of the nature of their business. Trees attract birds and must be irrigated which is not conducive to new vehicles. He proposed a compromise to the City by moving the tree line they were going to put along the 2nd Avenue frontage road out between the frontage road and 2nd Avenue.  This will improve the entry corridor for the City of Kearney.  Other additions will be raised medians along the east parking lot and provide future parking lot expansion on the west side.  By incorporating this into one open lot, it would be under that 80 percent impervious coverage. The proposed expansion is going to be a 70x160 foot building which will be built next to the existing building. This new expansion will house the service area and their parts department. There is one existing entrance off of Central Avenue and there is also a dirt one that will be turned into a paved entry.  They will improve the landscaping along Central Avenue and provide the public sidewalk down Central Avenue.  The landscaping feature will be continued in the right-of-way to the south edge of their property line.  The south property line will have a 20-foot green space buffer which will be landscaped because there is a residential use south of them. 

 

GMAC will provide Midway with a low interest loan and have requested that some improvements be made to the front façade of their building.  The new material across the front entryway will be EIFS material (stucco like with a concrete textured look) to continue around the north and south sides of the building. They have asked for a deviation of the 5-foot expansion on the north and south because of the size of the building in relation to the width of the property.  Without the deviation, it would cut off the circulation around the building.  They will basically improve the east side of the building according to City code since it will become an east side frontage road facing Central Avenue. 

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Paul Brungardt (Applicant) for Hamilton Investments, Limited Partnership (Owner) to rezone from “District C-2, Community Commercial District” to “District C-2/PD, Community Commercial District/Planned Development Overlay District” property described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd Avenue). Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

DEVELOPMENT PLANS FOR MIDWAY CHEVROLET; 515 2ND AVENUE

 

Public Hearings 7, 8 and 9 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Paul Brungardt (Applicant) for Hamilton Investments, Limited Partnership (Owner) for Planned District Development Plan Approval for the construction of an automotive sales/service facility on property to be zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd Avenue) and to consider approval of Resolution No. 2007-152. Planning Commission recommended that the rezoning, development plans, and Conditional Use Permit be approved, including the requested code deviations.

 

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 Paul Brungardt (Applicant) for Hamilton Investments, Limited Partnership (Owner) for Planned District Development Plan Approval for the construction of an automotive sales/service facility on property to be zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd Avenue) and approve Resolution No. 2007-152 subject to compliance with the following conditions: (1) The proposed landscaping is allowed to be concentrated in the areas to the east and south of the new building addition so that the new car display area in front of the store is free of any potential negative affects from the trees. The overall campus will be 77.5 percent impervious, slightly less than the 80% maximum. (2) The Landscape Plan concentrates interior parking lot landscaping east of the addition and street trees along the Central Avenue frontage. There shall be no parking of vehicles in the landscape areas. All landscaped areas are to be irrigated. (3) A public sidewalk is shown along Central Avenue. (4) Applicant is allowed the deviation for the substitution of EFIS material. (5) Applicant is allowed the deviation on the Code requirement of a 5-foot building setback for each 100 feet of lineal wall on the north and south walls of the building as the offset would extend too far into the driving lane and hinder access around the building. Applicant is providing offset on the east façade. (6) All proposed light fixtures shall be sharp cut off fixtures. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-152

 

            WHEREAS, Paul Brungardt (Applicant) for Hamilton Investments, Limited Partnership (Owner) have applied for Planned District Development Plan Approval for the construction of an automotive sales/service facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd Avenue).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Paul Brungardt (Applicant) for Hamilton Investments, Limited Partnership (Owner) for Planned District Development Plan Approval for the construction of an automotive sales/service facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd Avenue) be approved subject to compliance with the following conditions:

1.       The proposed landscaping is allowed to be concentrated in the areas to the east and south of the new building addition so that the new car display area in front of the store is free of any potential negative affects from the trees. The overall campus will be 77.5 percent impervious, slightly less than the 80% maximum.

2.       The Landscape Plan concentrates interior parking lot landscaping east of the addition and street trees along the Central Avenue frontage. There shall be no parking of vehicles in the landscape areas. All landscaped areas are to be irrigated.

3.       A public sidewalk is shown along Central Avenue.

4.       Applicant is allowed the deviation for the substitution of EFIS material.

5.       Applicant is allowed the deviation on the Code requirement of a 5-foot building setback for each 100 feet of lineal wall on the north and south walls of the building as the offset would extend too far into the driving lane and hinder access around the building. Applicant is providing offset on the east façade.

6.       All proposed light fixtures shall be sharp cut off fixtures.

 

            PASSED AND APPROVED THE 14TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

CONDITIONAL USE PERMIT FOR MIDWAY CHEVROLET; 515 2ND AVENUE

 

Public Hearings 7, 8 and 9 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Paul Brungardt (Applicant) for Hamilton Investments, Limited Partnership (Owner) for a Conditional Use Permit to operate an automotive sales/service facility on property to be zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd Avenue).

 

Mayor Clouse asked the City Clerk if the City had received the executed Acknowledgment for the Conditional Use Permit.  City Clerk responded that it has not been received and approval should be contingent upon the City receiving it.

 

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 Paul Brungardt (Applicant) for Hamilton Investments, Limited Partnership (Owner) for a Conditional Use Permit to operate an automotive sales/service facility on property to be zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd Avenue) subject to (1) compliance with the conditions set forth in Resolution No. 2007-152 and (2) the City receiving the executed Acknowledgment for the Conditional Use Permit. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

JUSTICE ASSISTANCE GRANT FOR POLICE DEPARTMENT

 

Mayor Clouse opened the public hearing on the application submitted by the City of Kearney/Buffalo County to the U.S. Department of Justice for a Justice Assistance Grant for the purchase of equipment to be used by the Kearney Police Department and the Buffalo County Sheriff’s Department and to consider approval of Resolution No. 2007-153.

 

Police Chief Dan Lynch presented this matter to the Council. The City of Kearney and Buffalo County received a direct award from the Bureau of Justice Assistance.  The funds from this grant award will be used in the purchasing of hardware, software and training to establish a workstation in the Law Enforcement Center Criminalistic Laboratory to receive ten-print digital coded fingerprints from the Booking Station at the Buffalo County Detention Center.  The benefit would allow the Technical Services Officer to compare fingerprints developed at a crime scene to be compared to a data-base of known prints from subjects arrested in Buffalo County.  Currently, the turn around time in submitting latent prints for comparison is in months.

 

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 the City of Kearney/Buffalo County to the U.S. Department of Justice for a Justice Assistance Grant for the purchase of equipment to be used by the Kearney Police Department and the Buffalo County Sheriff’s Department and approve Resolution No. 2007-153. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-153

 

            WHEREAS, the City of Kearney, Nebraska is an eligible unit of a general local government authorized to file an application under the Justice Assistance Grant Program; and

            WHEREAS, the City of Kearney, Nebraska has obtained its citizens’ comments on law enforcement needs; and has conducted a public hearing upon the proposed application and received favorable public comment respecting the application which for an amount of $15,827.00 for the purchase of equipment.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President of the Council be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Kearney, Nebraska and the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice so as to effect acceptance of the grant application.

            PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

Mayor Clouse stated that Subsection 16 would have to be voted on separately for the reason he would have to abstain from voting.

 

Moved by Lear seconded by Buschkoetter that Subsections 1 through 15 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

1.         Approve Minutes of Special Meeting held July 12, 2007 and Minutes of Regular Meeting held July 24, 2007.

 

2.         Approve the following Claims: 3M $92.88 smcs; ABC Drug $10.00 smcs; Ace Hardware $71.68 smcs; Ace Irrigation $277.10 smcs; Adobe Systems $199.00 smcs; Advance Auto Parts $20.93 smcs; Aflac $2,629.14 ps; Agri Coop $26,201.11 smcs; Alamar Uniforms $4,705.30 smcs; Alltel $2,142.69 smcs; Alvarion $94.00 co; Amazon $11.49 smcs; Amer Electric $215.12 smcs; Amer Library Assn $210.00 smcs; Amsan $240.06 smcs; Anderson Brothers $267.41 smcs; Anderson Wrecking $73.83 smcs; Apex Office Supply $299.99 smcs; Appliance Service Center $37.35 smcs; Ashworth $466.56 smcs; Associated Bag Co $485.00 smcs; Aurora Coop $112.00 smcs; Auto Glass Center $461.06 smcs; Avis Rent-A-Car $354.37 smcs; Baer,E $214.50 smcs; Baker & Taylor Books $3,747.31 smcs; Barco Municipal $828.00 smcs; Barney Abstract $210.00 smcs; Bauer Underground $2,262.00 smcs; BBC Audiobooks $266.88 smcs; Beckenhauer,T $24.43 smcs; Bennett,D $67.00 smcs; Bert Gurney & Associates $9,095.61 smcs; Blessing $114,903.44 co; Blevins,D $211.20 smcs; Bluecross Blueshield $36,379.36 smcs; Bobs Super Store $24.84 smcs; Boogaarts $27.32 smcs; Borer,K $31.25 smcs; Bosselman $13,341.29 smcs; Broadfoot's Sand $32.50 smcs; Brodart $60.35 smcs; Brodine,S $259.71 smcs; Brown Traffic Products $911.70 smcs; Brown,A $150.90 smcs; Bruce Furniture $2,025.42 smcs,co; Buffalo Co Court $229.06 ps; Buffalo Co Treasurer $18.00 co; Builders Warehouse $2,476.85 smcs,co; Byrne,D $23.40 smcs; Capital Bank & Trust $192.30 ps; Cash-Wa Distributing $6,033.67 smcs; CDBaby $50.00 smcs; CED Enterprise $248.70 smcs; Centaur $358.55 smcs; Central District Health Dept $2,954.00 smcs; Central Hydraulic Systems $4,890.52 smcs; Central States Wire $239.50 smcs; Chad $10.00 ps; Charlesworth & Associates $1,800.00 smcs; Charter $109.98 smcs; Chemguard $1,324.19 smcs; Chesterman $1,932.00 smcs; Chief Construction $217.60 smcs; City of Ky $282,038.39 smcs,ps; College Savings Plan of NE $75.00 ps; Computer Warehouse #4 $41.28 smcs; Concrete Workers $99,943.63 co; Conseco Life Ins $24.00 ps; Construction Rental $132.29 smcs; Control Masters $99.00 smcs; Copycat Printing $716.43 smcs; Cordova,T $23.40 smcs; Corrigan,R $10,361.25 smcs; Cowpoke $10.00 smcs; Crossroads Ford $427.47 smcs; Culligan $911.73 smcs,co; Cummins $435.45 smcs; D.A.R.E. America $242.10 smcs; Dandee Construction $19,000.00 co; Daugherty,R $35.00 smcs; Dawson Co PPD $1,192.24 smcs; Dell $8,797.83 smcs,co; Demco $127.87 smcs; Deterdings $1,706.04 smcs; Displays 2 Go $289.94 smcs; Dmilaco Sports Fashions $90.00 smcs; Dollar General $11.24 smcs; Double M Farms $2,000.00 smcs; Downing,J $214.50 smcs; DPC Industries $4,442.20 smcs; Drake Kryterion $75.00 smcs; Dubs $18.70 smcs; Dutton-Lainson $46.74 smcs; Eakes $3,349.20 smcs,co; Earl May $458.00 smcs; Ecolab $30.00 smcs; Eickhoff,B $82.00 ps; Eileens Cookies $14.75 smcs; Einspahr,K $150.00 smcs; Eirich,T $50.00 smcs; Electrotechnic $227.81 smcs; Elliott Sanitation $184,820.00 co; Engels,D $19.63 smcs; Eustis Body Shop $209.00 smcs; Express Distributing $117.00 smcs; Expression Wear $48.00 smcs; Fairbanks $1,081.51 smcs; Farmers Union $10.00 smcs; Fast Mart $125.00 smcs; Fastenal $2,012.67 smcs,ps; Faz,A $23.40 smcs; Fieldmaster Infield $153.52 smcs; Flynn,B $23.40 smcs; Footjoy $7,773.47 smcs; Foster,D $12.22 smcs; Frontier $8,549.92 smcs; Fulton,K $948.00 smcs; Galls $328.01 smcs; Garrett Tires $5,119.41 smcs; Genealogical Publishing $55.94 smcs; Gooch Brake $883.52 smcs; Gordons Small Engine $94.16 smcs; GFOA $265.00 smcs; Graham Tire $49.45 smcs; Grainger $1,877.08 smcs,co; Grand Central IGA $120.70 smcs; Great Lakes $690.00 smcs; Great Plains One-Call $404.29 smcs; Great Plains Safety $1,610.00 smcs; Greyhouse Publishing $227.95 smcs; Guideposts $16.94 smcs; H&H Distributing $3,327.11 smcs; Hanks,B $248.00 smcs; Harshbarger,K $23.40 smcs; Harvest Moons Farms $190.00 smcs; Haupt,J $20.01 smcs; Hausmann Construction $156,902.39 co; HD Supply $1,635.95 smcs; Highsmith $1,313.98 smcs; Hilton Hotels $2,515.95 smcs; Hobby-Lobby $115.21 smcs; Hoehner Turf $42.00 smcs; Hofeling Enterprises $47,872.00 smcs; Hogans Sporting Goods $61.94 smcs; Holiday $213.11 smcs; Holiday Inn $321.76 smcs; Holmes Plumbing $846.47 smcs,co; Hometown Leasing $552.54 smcs; Houchen Bindery $439.10 smcs; Hydrologic $175.00 smcs; ICMA RC $2,787.80 ps; IRS $103,812.49 ps; Iowa Downtown Resource $220.00 smcs; Jack Lederman $849.33 smcs; Jamar Technologies $163.24 smcs; James,D $3,951.00 smcs; John Thomas $1,169.50 smcs; Johnson Hardware $848.00 smcs; Johnson,S $50.00 smcs; JRS Western $75.00 smcs; K&K Parts $903.73 smcs; Kayton Electric $120,760.24 co; Ky Centre Vac $60.00 smcs; Ky Chamber Comm $6.00 smcs; Ky Clinic $210.00 ps; Ky Concrete $6,101.65 smcs,co; Ky Crete & Block $1,732.02 smcs,co; Ky Hub $2,048.18 smcs; Ky Implement $1,202.53 smcs; Ky Liquor $4.00 smcs; Ky United Way $558.00 ps; Ky Warehouse $2,046.43 smcs; Ky Winlectric $102.17 smcs; Ky Yamaha $140.00 smcs; Kelley Tree Service $3,421.00 smcs; Kelly Supply $10.93 smcs; KGFW $240.00 smcs; KHGI $180.00 smcs; Killion Motors $109.47 smcs; Kirkham Michael $1,215.00 smcs; Kmart $19.14 smcs; Koetters,J $39.83 smcs; Konica Minolta $428.65 smcs; Kooyman,R $200.00 ps; Kowalek,G $353.53 smcs; KRVN $434.42 smcs; Lang,L $120.00 smcs; Laser Art Design $135.00 smcs; Lasertec $179.98 smcs; Laughlin,K $180.00 ps; Lawson Products $123.29 smcs; LCL Truck Equipment $410.00 smcs; LARM $1,000.00 smcs; League of NE Municipalities $50.00 smcs; LEVA $750.00 smcs; Linda's Upholstery $75.90 smcs; Linweld $266.26 smcs; Little Caesers $6.00 smcs; LocatePLUS $824.80 smcs; Lockmobile $90.00 co; Loebig,J $23.40 smcs; Logan Contractors Supply $3,119.42 co; Loves Country $63.33 smcs; Magic Cleaning $250.00 smcs; Mail Express $129.17 smcs; Manary,M $20.16 smcs; Marathon Oil $18.05 smcs; Marlatt Machine Shop $112.87 smcs; Marriott $159.00 smcs; McCarthy,J $39.27 smcs; McCarty,D $7.25 smcs; Menards $1,071.74 smcs; Meteorlogix $567.00 er; Metlife $5,458.18 ps; Microfilm Imaging $5,935.00 co; Mid American Signal $3,154.00 smcs; Midland Telecom $250.00 smcs; Midlands Contracting $18,868.00 smcs; Midway Chevrolet $128.80 smcs; Midway Chrysler $22.31 smcs; Midwest Gang Investigators $120.00 smcs; Miller & Associates $2,644.00 co; Misko Sports $115.50 smcs; Moonlight Embroidery $1,315.00 smcs; Mosbarger,B $200.00 ps; Motion Industries $1,898.73 smcs; Mr Automotive $2,404.49 smcs; MSC Kearney $129.99 smcs; Municipal Emergency $1,135.83 smcs; Municipal Pipe Tool $175.04 smcs; Murphy Tractor $8.99 smcs; NAFI $45.00 smcs; Napa All Makes Auto $1,452.45 smcs; Nathan's Curb Grinding $165.00 co; NCCI Corporate $75.00 smcs; NE Child Support $2,298.50 ps; NE Concrete & Aggregates $180.00 smcs; NE Dept of Revenue $101,154.68 smcs,ps; NE Dept of Roads $10,443.62 smcs; NE Machinery $398.71 smcs; NE Truck Center $103.77 smcs; NE Volunteer Firefighters $2,783.05 ps; Neal-Schuman Publishers $74.25 smcs; NEland Distributors $2,461.00 smcs; Neopost $8,000.00 smcs; Neweggcom $147.50 smcs; Nixon Construction $2,044.00 co; Northwestern Energy $10,050.44 smcs; Nova Fitness Equipment $1,400.61 ps; Novus $35.00 smcs; NYSCA $85.00 smcs; Officemax $536.76 smcs,co; Officenet $869.49 smcs; O'Keefe Elevator $146.15 smcs; O'Reilly Auto $737.74 smcs; Oriental Trading $458.05 smcs; Orscheln $1,124.34 smcs; Otto Environmental $21,097.00 smcs; Overhead Door $1,164.29 smcs; Paramount Linen $489.60 smcs; Patterson,B $104.43 smcs; Paulsen $20,051.31 co; Payflex Systems $467.50 ps; Paypal-Baird Holm $95.00 smcs; Paypal-Direct Target $24.99 smcs; Pep Co $102.20 smcs; PGA Member Info Services $471.00 smcs; Pioneer Revere $704.00 smcs; Platte Valley Comm. $15,002.41 smcs,co; Platte Valley Medical $322.93 smcs; Portable Computer System $4,115.00 co; Potter,B $140.80 smcs; Precision Industries $601.16 smcs; Precision Training $234.70 smcs; Presto-X $189.00 smcs; Protex Central $82.00 smcs; Public Agency Training $2,000.00 smcs; Qualification Targets $392.42 smcs; Quill $461.74 smcs; Radio Shack $2.97 smcs; Random House $502.20 smcs; Ready Mixed Concrete $5,547.00 co; Reams Sprinkler $1,290.32 smcs,co; Recognition Unlimited $48.51 smcs; Recorded Books $77.57 smcs; Recreonics $12.06 smcs; Redman's Shoes $50.00 smcs; Redy Battery $183.10 co; Reed,C $140.80 smcs; Refind $25.00 smcs; Respond First Aid $257.15 smcs; Rheome Tree $650.00 co; Rhino Linings $625.00 smcs,co; Rivershore Reading Store $21.00 smcs; Riverside Mfg $961.03 ps; RT Corp $274.00 smcs; Runza $34.38 smcs; Sahling Kenworth $945.82 smcs; Salter,J $68.42 smcs; Sapp Brothers $37.17 smcs; Sara Lee Bakery $63.92 smcs; Sargent Drilling $315,154.86 co; Schwan's $1,734.69 smcs; Scranton Manufacturing $444.07 smcs; Sears $64.18 smcs; See Clear Cleaning $3,200.00 smcs; Sesna,D $58.50 smcs; Sherwin Williams $1,309.39 smcs,co; Signwarehousecom $113.37 smcs; Sirchie $212.60 smcs; Smiling Sun Café $111.50 smcs; Snap-On Tools $3,950.00 smcs,co; Solid Rock $10.00 smcs; Solid Waste Agency $53,609.90 smcs; Solid Waste Equipment $2,761.26 smcs; South,A $40.00 smcs; Sporting Edge $1,694.00 smcs; Sprinkler Warehouse $456.50 smcs; St NE/Dept Aeronautics $995.00 ds; St of NE/Credentialing $51.00 smcs; St of NE/HHS Laboratory $594.00 smcs; St of NE/DAS $19.25 smcs; Stauffer,L $10.00 smcs; Steinbrinks Landscaping $1,594.04 smcs; Subscription Order Services $27.94 smcs; Sun Life Financial $43,784.67 smcs; Sunmart $327.34 smcs; Superior Signals $330.75 smcs; Sydow,J $40.00 smcs; TA #193 $38.21 smcs; Tactical Technologies $91.00 smcs; Target $80.92 smcs; The Inn at St. Marys $743.63 smcs; Thompson,L $90.00 smcs; Thomson Gale $455.72 smcs; Titelist $8,619.56 smcs; Tom Dinsdale Chevrolet $33.09 smcs; Tractor-Supply $562.65 smcs; Travelocitycom $59.95 smcs; Tri City Outdoor Power $462.63 smcs; Tye & Rademacher $9,830.23 smcs; US Postmaster $540.00 smcs; UAP Distribution $13.24 smcs; Underwriters Laboratories $3,530.00 smcs; UPRR $1,795.00 smcs,ds; UNK-Human Resources $16.19 ps; UPS $27.81 smcs; US Builder Supply $167.11 smcs; USPS $163.92 smcs; Valamount $21,089.00 co; Van Matre,C $197.50 smcs; Vecmar Computer Solutions $205.00 smcs; Video Stores Shopper $45.66 smcs; Village Uniform $519.07 smcs; WT Cox Subscriptions $26.96 smcs; Waldron,J $3.00 smcs; Walgreen $25.16 smcs; Walmart  $1,526.22 smcs,co; Walsh,C $173.79 smcs; West Central NE Home $360.00 smcs; West Villa Animal Hospital $26.00 smcs; Whatta Stop $50.93 smcs; Wicks Sterling Trucks $486.59 smcs; Wiegand Security $75.00 smcs; Wilke Donovans  $187.33 smcs,co; Wilkins Hinrichs Stober $2,495.50 co; Willis Shoe and Boot $113.46 smcs; Wittek Golf Supply $736.37 smcs; World Book $1,595.00 smcs; Xitrade $211.40 co; Yanda's Music $40.90 smcs; Yant Equipment $259.00 smcs; Zimmerman Printers $713.05 smcs; Payroll Ending 7-21-2007 -- $319,763.51 and Payroll Ending 8-4-2007 -- $305,813.13.  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 Change Order No. 1 showing an increase in the amount of $1,710.00, Application and Certificate for Payment No. 5-Final in the amount of $9,179.35 and the Certificate of Substantial Completion submitted by Blessing, LLC and approved by Miller & Associates in connection with the 2006 Part IX Improvements – Bid B consisting of Paving Improvement District No. 2006-913 for Country Club Lane from 35th Street north to the north lot line of Lot 1 of Block 1, Aspen Meadows and approve Resolution No. 2007-154.

 

RESOLUTION NO. 2007-154

 

WHEREAS, Blessing, LLC of Kearney, Nebraska has performed services in connection with the 2006 Part IX Improvements – Bid B consisting of Paving Improvement District No. 2006-913 for Country Club Lane from 35th Street north to the north lot line of Lot 1 of Block 1, Aspen Meadows, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $1,710.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 5-Final in the amount of $9,179.35 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$207,128.00

            Change Order 1 (8-14-2007)

+    1,710.00

Contract Sum To Date

208,838.00

Gross Amount Due

208,838.00

Retainage

.00

Amount Due to Date

208,838.00

Less Previous Certificates for Payment

  199,658.65

Current Payment Due

$9,179.35

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of June 6, 2007, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as shown on Exhibit “A”, Application and Certificate for Payment No. 5-Final, as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

4.         Approve the Technical and Professional Services Contract with Miller & Associates for management and supervision of CDBG Project #07-CR-004 and approve Resolution No. 2007-155.

 

RESOLUTION NO. 2007-155

 

            WHEREAS, the City of Kearney was awarded Community Development Block Grant Funds from the Nebraska Department of Economic Development for the Community Revitalization program which will provide a combination of improvements to sidewalks, streets, and accessible sidewalk ramps at intersections in a targeted area in southeast Kearney.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute, on behalf of the City of Kearney, the Technical and Professional Services Contract between the City of Kearney and Miller & Associates for Community Development Block Grant No. 07-CR-004 for project administration services in the amount of $12,000 as set forth in the Contract. A copy of the said Contract, marked Exhibit “A”, is attached hereto and made a part hereof by reference

            PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 2007.

 

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

5.         Confirm the City Manager’s appointment of Rocky Steinbrink to the Development Advisory Board.

 

6.         Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and F. Lean Brandt of the F. Lean Brandt Revocable Trust for the construction of a water main and street paving to serve Lot 3 of Block 4, Meadowlark Estates Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2007-156.

 

RESOLUTION NO. 2007-156

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA that the agreement entitled “Developer Constructed Infrastructure Agreement” between the City of Kearney and F. Lean Brandt of the F. Lean Brandt Revocable Trust, for the construction of a water main and street paving to serve Lot 3 of Block 4, Meadowlark Estates Addition to the City of Kearney, Buffalo County, Nebraska be and is hereby accepted and approved. The Agreement, marked as Exhibit 1 is attached hereto, negotiated with F. Lean Brandt of the F. Lean Brandt Revocable Trust, to construct a water main and street paving as stated above.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

7.         Accept the public improvements constructed under and in accordance with the terms of the Developer Constructed Infrastructure Agreements for Lot 3 of Block 1, Skiview Addition except the south 245 feet (Parklane Professional Building); Lot 2, Casey’s Addition (Winfield Square); Stoneridge Sixth Addition; and Lots 8, 9, 10 of Block 2 and Lots 12, 13, 14, 15 16 of Block 3, Kearney Plaza Third Addition (Kearney Plaza Homes along LaVista Drive) and approve Resolution No. 2007-157.

 

RESOLUTION NO. 2007-157

 

            WHEREAS, on the 9th day of May, 2006, the President and Council of the City of Kearney, Nebraska passed and approved Resolution No. 2006-71 authorizing the President of the Council to execute the Developer Constructed Infrastructure Agreement between the City of Kearney and W & S Investments LLC for the construction of a sanitary sewer main to serve Lot 3 except the south 245 feet of Block 1, Skiview Addition to the City of Kearney, Buffalo County, Nebraska; and

            WHEREAS, on the 28th day of February, 2006 the President and Council of the City of Kearney, Nebraska passed and approved Resolution No. 2006-35 authorizing the President of the Council to execute the Developer Constructed Infrastructure Agreement between the City of Kearney and Winfield Concrete Leveling & Construction Inc. for the construction of a sanitary sewer main to serve Lot 2, Casey’s Addition to the City of Kearney, Buffalo County, Nebraska; and

            WHEREAS, on the 8th day of November, 2005 the President and Council of the City of Kearney, Nebraska passed and approved Resolution No. 2005-194 authorizing the President of the Council to execute the Developer Constructed Infrastructure Agreement between the City of Kearney and NP Land Development, Inc. and Nebraska National Bank for the construction of a paving, water and sanitary sewer improvements to serve Stoneridge Sixth Addition to the City of Kearney, Buffalo County, Nebraska; and

            WHEREAS, on the 25th day of October, 2005 the President and Council of the City of Kearney, Nebraska passed and approved Resolution No. 2005-184 authorizing the President of the Council to execute the Developer Constructed Infrastructure Agreement between the City of Kearney and Kearney Plaza Homes LP for the construction of a paving, water and sanitary sewer improvements to serve Lots 8, 9 and 10 of Block 2, and Lots 12, 13 14, 15 and 16 of Block 3, all in Kearney Plaza Third Addition to the City of Kearney, Buffalo County, Nebraska; and

            WHEREAS, the Developers have constructed the public improvements in accordance with the requirements and standards set forth in Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney; and

            WHEREAS, in accordance with Section 9-1318 “Acceptance of Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney the Developer has, by and through its attorney, certified to the City that there are no liens or other encumbrances against the construction work; and

            WHEREAS, the City’s Engineers have determined that the work is in compliance with the design and is complete.

            NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the public improvements constructed under and in accordance with Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney for Lot 3 of Block 1, Skiview Addition except the south 245 feet (Parklane Professional Building); Lot 2, Casey’s Addition (Winfield Square); Stoneridge Sixth Addition; and Lots 8, 9, 10 of Block 2 and Lots 12, 13, 14, 15 16 of Block 3, Kearney Plaza Third Addition (Kearney Plaza Homes along LaVista Drive) and that the said public improvements be and are hereby accepted.

            PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

8.         Approve the application for a Special Designated License submitted by JUAN LAZO, dba "El Tropico" in connection with their Class "BM37623" Liquor License to dispense beer and distilled spirits in the Exhibit Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on September 2, 2007 from 6:00 p.m. until 12:00 a.m. for a Mexican dance.

 

9.         Approve the application for a Special Designated License submitted by JCB ENTERPRISES, INC., dba "Bill's Liquor" in connection with their Class CK-39105 catering liquor license to dispense beer, wine and distilled spirits in the Extension Building located at the Buffalo County Fairgrounds, 1400 East 34th Street, on September 8, 2007 from 3:00 p.m. until 1:00 a.m. for a wedding reception and dance.

 

10.        Approve Change Order No. 1 showing an increase in the amount of $3,903.13 submitted by Concrete Workers and approved by Miller & Associates in connection with the 2006 Part IV Improvements – Phase II for the construction of sidewalks where it currently does not exist as follows: 11th Street from 1st Avenue to Avenue A, 13th Street from Central Avenue to Avenue I, 14th Street from 2nd Avenue to Avenue D, 15th Street from Avenue B to Avenue I, Avenue D from 13th Street to 16th Street, Avenue F from 13th Street to 14th Street, Avenue G from 13th Street to 14th Street and approve Resolution No. 2007-158.

 

RESOLUTION NO. 2007-158

 

WHEREAS, Concrete Workers, Inc. of Kearney, Nebraska has performed services in connection with the 2006 Part IV Improvements (Phase II) for the construction of sidewalks where it currently does not exist as follows: 11th Street from 1st Avenue to Avenue A, 13th Street from Central Avenue to Avenue I, 14th Street from 2nd Avenue to Avenue D, 15th Street from Avenue B to Avenue I, Avenue D from 13th Street to 16th Street, Avenue F from 13th Street to 14th Street, Avenue G from 13th Street to 14th Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 in the amount of $3,903.13 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$156,640.50

            Change Order No. 1 (8-14-2007)

+    3,903.13

Contract Sum To Date

160,543.63

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

11.        Approve submitting a Storm Water Management Plan Program Grant Application to the Nebraska Department of Environmental Quality regarding the implementation of storm water management and approve Resolution No. 2007-159.

 

RESOLUTION NO. 2007-159

 

            WHEREAS, the City of Kearney has submitted a Storm Water Management Plan which identifies the City of Kearney’s plan for compliance with National Pollutant Discharge Elimination System – Phase II regulations; and

            WHEREAS, the Nebraska Department of Environmental Quality has funds available through a grant application process to help the communities implement the new programs.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Grant Application and all other necessary documents on behalf of the City of Kearney, Nebraska.  A copy of the Grant Application is attached hereto and made a part hereof by reference.

            BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to submit the Grant Application to the Nebraska Department of Environmental Quality.

            PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

12.        Approve the Agreement between the City of Kearney and Sorensen Group, Inc. to lease all of Lot 13 and part of Lot 14 of Block 2, Kearney Land and Investment Company's Choice Addition (lying south of the Union Pacific Railroad and east of 8th Avenue) and approve Resolution No. 2007-160.

 

RESOLUTION NO. 2007-160

 

BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement to lease all of Lot 13 and part of Lot 14 of Block 2, Kearney Land and Investment Company’s Choice Addition (lying south of the Union Pacific Railroad and east of 8th Avenue), on behalf of the City of Kearney, with Sorensen Group, Inc. of Kearney, Nebraska, the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

13.        Approve the Agreement between the City of Kearney and Buffalo County for asphalt overlay of the onsite landfill haul road located at the Kearney Area Solid Waste Landfill and approve Resolution No. 2007-161.

 

RESOLUTION NO. 2007-161

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement between the City of Kearney and County of Buffalo for asphalt overlay of the onsite landfill haul road located at the Kearney Area Solid Waste Landfill, a copy of the Agreement, marked Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

14.        Approve the recommendation submitted by the Downtown Improvement Board to block off Central Avenue from Railroad Street to 21st Street on August 30, 2007 from 8:00 a.m. until 1:00 a.m. to conduct “Destination Downtown” and that the street be cleared of parked vehicles.

 

15.        Approve the recommendation submitted by the Downtown Improvement Board to block off 24th Street from Central Avenue to Avenue A, the parking lot located north of the Museum of Nebraska Art, and to use the sidewalks on Central Avenue from Railroad Street to 25th Street on September 22, 2007 from 8:00 a.m. until 2:00 a.m. to conduct “Downtown Arts Festival” and that the street and parking lot be cleared of parked vehicles.

 

Moved by Lammers seconded by Lear that Subsection 16 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lear, Lammers. Nay: None. Clouse abstaining. Motion carried.

 

16.        Accept the Corporation Quitclaim Deed granted to the City of Kearney by Nebraska Public Power District in connection with the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2007-162.

 

RESOLUTION NO. 2007-162

 

            WHEREAS, City Council authorized the City Manager and City Attorney to acquire a tract of property described as follows: a portion of Lot 21 and a portion of Lot 22, Baker’s Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska, said tract of land being the north 7.0 feet of said Lots 21 and 22, containing 609 Sq. Ft. (0.01 Acres) more or less, all located in Buffalo County, Nebraska.

            WHEREAS, Nebraska Public Power District has granted to the City of Kearney a Corporation Quitclaim Deed for a portion of Lot 21 and a portion of Lot 22, Baker’s Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska, said tract of land being the north 7.0 feet of said Lots 21 and 22, containing 609 Sq. Ft. (0.01 Acres) more or less, all located in Buffalo County, Nebraska.

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

            PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7364 – AMEND ARTICLE 14 OF CHAPTER 9 OF CITY CODE

 

In February of 2007, the City Council approved the Ordinance establishing a Building Advisory Board in an effort to improve communication and customer service regarding construction related activities in the City of Kearney.  In April, the Code was amended to allow for the appointment of both a commercial contractor as well as a residential contractor instead of a general contractor. 

 

The Board has met over the last few months and it has been suggested that having the knowledge and expertise of a landscape designer serve on the Board would be beneficial.  Therefore, the Code is being amended to allow for the appointment of a landscape designer.  Also, the Board believed that the name should be renamed to Development Advisory Board instead of Building Advisory Board.

 

Council Member Buschkoetter introduced Ordinance No. 7364, being Subsection 1 of Agenda Item V to amend Article 14 “Building Advisory Board” to rename the Board to “Development Advisory Board”; to amend Section 9-1401 “Building Advisory Board; Created” to delete the reference of Building Advisory Board and replace with Development Advisory Board; to amend Section 9-1402 “Composition” to delete the reference of Building Advisory Board and replace with Development Advisory Board and to allow for the appointment of a landscape designer; to amend Section 9-1403 “Appointment” to delete the reference of Building Advisory Board and replace with Development Advisory Board; to amend Section 9-1404 “Compensation” to delete the reference of Building Advisory Board and replace with Development Advisory Board; to amend Section 9-1405 “Chairperson; Officers” to delete the election of a chairperson and to designate a City staff person as the recording secretary; to amend Section 9-1406 “Terms of Office” to delete the reference of Building Advisory Board and replace with Development Advisory Board; to amend Section 9-1407 “Participation” to delete the reference of Building Advisory Board and replace with Development Advisory Board; to amend Section 9-1409 “Meetings; Records” to delete the reference of Building Advisory Board and replace with Development Advisory Board; to amend Section 9-1410 “Quorum” to provide that five members shall constitute a quorum; to amend Section 9-1412 “Powers and Duties” to delete the reference of Building Advisory Board and replace with Development Advisory Board all located in Chapter 9 “Public Works” of the Code of the City of Kearney, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, 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. 7364 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 Clouse seconded by Kearney that Ordinance No. 7364 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. 7364 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. 7365 – REPEAL ORDINANCE NO. 7362 AND GRANT A CONDITIONAL USE PERMIT TO ANDERSEN WRECKING

 

On July 10, 2007, Andersen Wrecking requested and was granted a Conditional Use Permit to expand salvage services to a recently acquired parcel on the east side of Avenue M directly across from the current operations.  Dan Lindstrom, attorney for Andersen Wrecking, noted that the legal description in the Conditional Use Permit was not typed the way the deed was filed and asked that it be corrected.

 

Mayor Clouse asked the City Clerk if the City had received the executed Acknowledgment for the Conditional Use Permit.  City Clerk responded that it has not been received and approval should be contingent upon the City receiving it.

 

Council Member Buschkoetter introduced Ordinance No. 7365, being Subsection 2 of Agenda Item V to repeal Ordinance No. 7362 and to grant a Conditional Use Permit to Andersen Wrecking Company for a salvage service and long-term vehicle storage and dismantling operation on property zoned “District M-2, General industrial District” and described as Lots 1 through 14 of Block 18, Lots 1 through 14 of Block 19, Lots 1 through 14 of Block 20, Lots 1 through 17 of Block 21, Lots 1 through 15 of Block 22, Lots 1 through 13 of Block 23, all in Whiteakers Grove Addition to the City of Kearney, Buffalo County, Nebraska together with VACATED: (1) 14.0 foot alleys running north and south through Blocks 18 through 23, (2) 19th Street between the east right-of-way line of Avenue N and the west right-of-way line of Avenue Q, (3) east half of Avenue N between the south right-of-way line of 20th Street and the north line of CB&Q Railroad right-of-way, (4) Avenue O between the south right-of-way line of 20th Street and north line of CB&Q Railroad right-of-way, and (5) Avenue P between the south right-of-way line of 20th Street and the north line of CB&Q Railroad right-of-way (1403 East 20th Street) subject to the City receiving the executed Acknowledgment for the Conditional Use Permit, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, 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. 7365 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 Clouse seconded by Kearney that Ordinance No. 7365 be passed, approved and published as required by law subject to the City receiving the executed Acknowledgment for the Conditional Use Permit. 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. 7365 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7366 – VACATE PORTION OF GRANDVIEW ESTATES (PERTAINS TO PUBLIC HEARING 3)

 

Regular Agenda Items 1, 2, 3 and 4 were voted on together since they are action items pertaining the Public Hearings.

 

Council member Buschkoetter stated he would be abstaining since he is employed by the Kearney Public Schools.

 

Council Member Kearney introduced Ordinance No. 7366, being Subsection 1 of Agenda Item VI to vacate Lot 1 of Block 2, Grandview Estates, an addition to the City of Kearney, Buffalo County, Nebraska (east of Sunrise Middle School, north of 45th Street and west of Avenue R), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Lammers seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lear, Lammers, Kearney. Nay: None. Buschkoetter abstaining. 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. 7366 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. Nay: None. Buschkoetter abstaining. Motion carried. Ordinance was read by number.

 

Moved by Lammers seconded by Lear that Ordinance No. 7366 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Lear. Nay: None. Buschkoetter abstaining. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7366 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. 7367 – VACATE PORTION OF HIGH PLAINS ESTATES (PERTAINS TO PUBLIC HEARINGS 5 AND 6)

 

Regular Agenda Items 1, 2, 3 and 4 were voted on together since they are action items pertaining the Public Hearings.

 

Council member Buschkoetter stated he would be abstaining since he is employed by the Kearney Public Schools.

 

Council Member Kearney introduced Ordinance No. 7367, being Subsection 2 of Agenda Item VI to vacate Lot 1, High Plains Estates, a subdivision of Buffalo County, Nebraska AND a tract of land being part of Lot 1, all of Lots 2, 3, 4, 5, 6 of Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska, all located in the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (east of 28th Avenue between 39th Street and 43rd 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 Lammers seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lear, Lammers, Kearney. Nay: None. Buschkoetter abstaining. 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. 7367 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. Nay: None. Buschkoetter abstaining. Motion carried. Ordinance was read by number.

 

Moved by Lammers seconded by Lear that Ordinance No. 7367 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Lear. Nay: None. Buschkoetter abstaining. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7367 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. 7368 – REZONE 515 2ND AVENUE (PERTAINS TO PUBLIC HEARING 7)

 

Regular Agenda Items 1, 2, 3 and 4 were voted on together since they are action items pertaining the Public Hearings.

 

Council member Buschkoetter stated he would be abstaining since he is employed by the Kearney Public Schools.

 

Council Member Kearney introduced Ordinance No. 7368, being Subsection 3 of Agenda Item VI to rezone from “District C-2, Community Commercial District” to “District C-2/PD, Community Commercial District/Planned Development Overlay District” property described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd 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 Lammers seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lear, Lammers, Kearney. Nay: None. Buschkoetter abstaining. 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. 7368 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. Nay: None. Buschkoetter abstaining. Motion carried. Ordinance was read by number.

 

Moved by Lammers seconded by Lear that Ordinance No. 7368 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Lear. Nay: None. Buschkoetter abstaining. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7368 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. 7369 – CONDITIONAL USE PERMIT FOR MIDWAY CHEVROLET; 515 2ND AVENUE (PERTAINS TO PUBLIC HEARING 9)

 

Regular Agenda Items 1, 2, 3 and 4 were voted on together since they are action items pertaining the Public Hearings.

 

Council member Buschkoetter stated he would be abstaining since he is employed by the Kearney Public Schools.

 

Council Member Kearney introduced Ordinance No. 7369, being Subsection 4 of Agenda Item VI to grant a Conditional Use Permit to Hamilton Investments, Limited Partnership to operate an automotive sales/service facility on property to be zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd Avenue) subject to (1) compliance with the conditions set forth in Resolution No. 2007-152 and (2) the City receiving the executed Acknowledgment for the Conditional Use Permit, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Lammers seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lear, Lammers, Kearney. Nay: None. Buschkoetter abstaining. 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. 7369 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. Nay: None. Buschkoetter abstaining. Motion carried. Ordinance was read by number.

 

Moved by Lammers seconded by Lear that Ordinance No. 7369 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Lear. Nay: None. Buschkoetter abstaining. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7369 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.

 

JERSEY’S SPORTS BAR MANAGER APPLICATION

 

Mayor Clouse opened for discussion the Application for Corporate Manager of Jeremy Nore submitted by JERSEY’S SPORTS BAR & GRILL, LLC., dba “Jersey’s Sports Bar” in connection with their Class I-70888 liquor license located at 5012 3rd Avenue.

 

There was no representative present to discuss this matter with the Council.

 

Moved by Lear seconded by Buschkoetter to table the Application for Corporate Manager of Jeremy Nore submitted by JERSEY’S SPORTS BAR & GRILL, LLC., dba “Jersey’s Sports Bar” in connection with their Class I-70888 liquor license located at 5012 3rd Avenue. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

AWARD BID FOR HARVEY PARK TENNIS COURTS

 

Mayor Clouse opened for discussion the bids received for the construction of the tennis courts located at Harvey Park and to consider approval of Resolution No. 2007-163 awarding the bid to Mid-American Courtworks from Wichita, Kansas in the amount of $174,571.00.

 

Director of Park & Recreation Neal Lewis presented this matter to the Council. The Harvey Park Tennis Court project was re-bid August 31.  The City received three bids: 

 

Mid-American Courts

Renner Sports

Trans Texas Tennis

$174,571.00

$175,800

$189,510

 

The engineer’s estimate was $180,000. Cost of the project includes the following: site preparation $19,500; design/engineering $10,000; Court construction $174,571. Total cost of project $204,071. Funds have been allocated from the Harmon Land & Water Conservation Fund Tennis Grant of $110,000, General Fund of $20,000, USTA Grant of $41,295, and Special Sales Tax of $35,000 for a total of $206,295.00.

 

Moved by Buschkoetter seconded by Clouse to approve the bids received for the construction of the tennis courts located at Harvey Park and approve Resolution No. 2007-163 awarding the bid to Mid-American Courtworks from Wichita, Kansas in the amount of $174,571.00. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-163

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on July 31, 2007 at 2:00 p.m. for the construction of the tennis courts located at Harvey Park; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project is $180,000.00; and

WHEREAS, the said engineers have recommended the bid offered by Mid-American Courtworks from Wichita, Kansas be accepted as the lowest responsible bid.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Mid-American Courtworks from Wichita, Kansas be and is the lowest responsible bidder for the construction of the tennis courts located at Harvey Park to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Mid-American Courtworks in the sum of $174,571.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the construction of the tennis courts located at Harvey Park in the amount of $180,000.00 be and is hereby accepted.

BE IT FURTHER RESOLVED that the President of the Council of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute contracts for such improvements in accordance with the bid, plans, specifications, and general stipulations pertaining thereto.

            PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

PLANS FOR APOLLO PARK BASKETBALL COURT LIGHTING PROJECT

 

Mayor Clouse opened for discussion the Plans and Specifications for the Apollo Park Basketball Court Lighting Project and set the bid opening date for September 4, 2007 at 2:00 p.m.

 

Director of Park & Recreation Neal Lewis presented this matter to the Council. We have prepared a bid package to light the basketball courts at Apollo Park. Lights would be on a timer and directed to have virtually no effect on areas outside the park. These are the only lighted courts in the City and will be used extensively. We are asking for approval of the plans and to set the bid opening date for September 4, 2007. Funds from the special sales tax fund have been included in this year’s budget.

 

Moved by Clouse seconded by Kearney to approve the Plans and Specifications for the Apollo Park Basketball Court Lighting Project and set the bid opening date for September 4, 2007 at 2:00 p.m. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

OPEN ACCOUNT CLAIMS: PLATTE VALLEY STATE BANK - $41,613.26, NPPD - $78,689.93, SCHOOL DISTRICT #7 - $490.45

 

Moved by Kearney seconded by Lammers that Open Account Claims in the amount of $41,613.26 payable to Platte Valley State Bank, and in the amount of $78,689.93 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse and Lear abstained. Motion carried.

 

Moved by Lear seconded by Clouse that Open Account Claims in the amount of $490.45 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

 

UPDATE ON NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

 

Assistant City Engineer Andy Harter provided a slideshow presentation to the Council concerning National Pollutant Discharge Elimination System (NPDES).  The benefits of storm water management include: decreased flooding, land preservation through erosion control, improved wetland and riparian habitat, lower capital investment in infrastructure, reduced operations and maintenance costs, and creation of cleaner, healthier environment.

 

The Storm Water Management Plan contains the following:

  • Seven minimum control measures
    • Public Education & Outreach
    • Public Participation/Involvement
    • Construction Site Runoff Control
    • Post-Construction Runoff Control
    • Illicit Discharge Detection and Elimination
    • Pollution Prevention/Good Housekeeping
    • Storm Water Monitoring
  • Implementation timelines
  • Responsible parties within the cities
  • A long list of best management practices
    • Brochures
    • School programs
    • Volunteer events (monitoring, marking program, speakers/educators)
    • TV/Radio spots
    • Workshops
    • Press releases
    • Watershed clean ups

 

The following is what the City has done to date:

·         June 2003, First letter to contractors on erosion control requirements

·         September 2005, Letter to contractors on erosion control requirements

·         October 2005, Development Newsletter, Storm Water Basics, Part I

·         January 2006, Development Newsletter, Storm Water Basics, Part II

·         March 2007, Letter to construction industry on erosion control permitting

·         April 2007, City hosted BMP training for Engineers, Architects, Designers, Project Managers

·         May 2007, Development Newsletter, Storm Water Basics, Part III

·         May 2007, Final date set for all construction projects to be in compliance with City of Kearney Code of Ordinance J109.4

·         May 2007, Letter to contractors on erosion control requirements effective September 1st, 2007

·         May 2007, Standard silt fence and entrance details sent out

·         May 2007,Presentation to HBA on upcoming erosion control requirements

·         July 2007, Press release issued on upcoming contractor information session

·         July 2007, Invitation to development community on upcoming information session covering erosion control

·         July 2007, Erosion control information meeting held with development community

·         Aug. 2007, Press release issued on upcoming contractor information session

·         Aug. 2007, Invitation to development community on upcoming information session covering erosion control

·         Currently working with NDOR, LTAP, Nebraska Storm water Cooperative on the development of training programs for Designers, Inspectors, Installers.

·         Development of Erosion and Sediment Control Ordinance

·         Program development

o        Plan review

o        Inspection program

o        Reporting

o        Erosion and sediment control design manual

 

2ND AVENUE TRAFFIC LIGHTS

 

City Engineer Bruce Grupe stated the City hired a consultant to do a study to try to improve the progression on 2nd Avenue.  About six months ago, the timings were adjusted that were recommended by the study.  It is traditional to review and analyze them and make adjustments.  Typically, it is allowed to operate for a little while and see how traffic adjusts to it.  They currently have a consultant under contract (the same one who did the study) looking at the progression. The City has heard some positive things from the public about how we have improved the traffic flow and progression of traffic so it was a successful study in that way.  Unfortunately, by doing that some of the left hand turn movement was compromised. 

 

There are some challenges presented by that at two of the most critical intersections which are 2nd Avenue and 25th Street and 2nd Avenue and 39th Street.  39th Street has been adjusted by adding a little time on that one because it is a little more modern intersection and they can do a few more things with it.  There have been a few problems on 25th Street which has an older controller that is staying at the minimum time and is not adjusting when there is heavy traffic as it should.  The consultant and the City staff have worked with the State that has been very cooperative.  The State will have their technician come out next week and put a new controller on all four legs and add some left hand turn time which our consultant believes will still maintain the progression of traffic. They have observed more people running the yellow turn lights then when the turn signals were first adjusted which has caused some concern.   

 

Mr. Grupe stated there is some room to increase that left hand turn movement, but it will affect the progression somewhat.  At present there is about 28 seconds of green light for through traffic and there should be five seconds of left turn time and that is not happening all the time; mostly, there is three seconds. If they add another five or six seconds to the left hand turn movement, they have to take that six seconds from the 28 seconds that the through traffic has.  What that means if there are 25 to 30 cars on 2nd Avenue, by changing the timing, five to six of those vehicles are going to get cut off.  So they are going to make the adjustment and see if they can come to a good compromise with progress and left hand movements. 

 

City Manager Michael Morgan stated one of his frustrations since his employment in Kearney is the fact that one of the biggest challenges with traffic control probably in the State of Nebraska is with 2nd Avenue.  Unfortunately, they have expressed the need to the State numerous times to upgrade the traffic controller along 2nd Avenue with no success.

 

The benefits that we have seen on 39th Street are due to a better traffic controller and a detection system that the State does not care for which is the video detection system.  Mr. Morgan believed this system works very well and is very adaptable. It does not cause the problem of sending a crew out to do repairs when the loops in the road are deteriorated or damaged which is very dangerous. There is a challenge of convincing the State to use these. The City does not manage 2nd Avenue and so citizens are very frustrated by the City’s inability to make the changes we believe need to be made.  It was disappointing to hear that our traffic controller does not allow us to add a few seconds on the busiest intersection in Kearney. They have taken the position on all of their intersections that we will have the highest and best technology available to make sure that they work as well as they can. They have also requested a back up controller to be available if a controller fails as it did some time ago and we were unable to get it repaired or replaced for sometime. The City even agreed that our staff could do that work for the State, but never received any back up equipment. The City has gone ahead and purchased a back up controller to insure that will not happen again. 

 

When the ownership of 2nd Avenue by the City of Kearney becomes a reality, it will in many respects bring some positive benefits to us.  At that time, we can make the changes we believe are necessary. They are hopeful the State will come out and at least upgrade the controller to something better than what is there now although probably not to the most current technology.  The State will not authorize the use of the video system on Highway 30 because of the intersection of two highways and they have concerns of the reliability of the video detection.  This was a little surprising since it is used all over the country. They hope to get the controller changed early next week since UNK starts then which tremendously increases traffic and those intersections are quite a challenge for the Police Department.  At some point they will have to get to a system that is appropriate and then enforce it.   

 

Mr. Grupe stated the State has been cooperative. This controller will be installed at quite a cost to them and they will spend considerable time getting it installed and monitor it for a while. He believed that with the consultant and the State they will be able to come up with a workable solution.  They will also be looking at fixing the problem at 33rd Street which seems to be hanging things up a little.

 

UPDATE ON 39TH STREET PROJECT

 

Mr. Grupe stated the 39th Street project is going well and is on schedule.  39th Street east of Avenue A has been opened. The dirt has been moved in for the fill of the hill and the underground contractor is back doing his sewer, water and storm sewer work.  Most of the utility work is done and NPPD is doing some final touches. 

 

UPDATE ON 56TH STREET TRAFFIC LIGHT

 

The 56th Street and Avenue N traffic signal has been operational for two weeks and is ready for school.  There has been law enforcement there to monitor the traffic in that area which will continue.

 

VIII.    ADJOURN

 

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

 

                                                                                    STANLEY A. CLOUSE

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK