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Kearney, Nebraska

November 13, 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 November 13, 2007, in the Council Chambers at City Hall.  Present were: Randy Buschkoetter, Vice-President of the Council; Michaelle Trembly, City Clerk; Council Members Don Kearney and Bob Lammers. Absent: Stanley Clouse and Bruce Lear.  Michael Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant 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: Mitch Humphrey, Paul Brungardt, Jerry Mitchell, Deb Mitchell, Pat Nelson, Chris Riha, Neil Miller, Dave Butler, Gerry O’Rourke, Margaret Clark, Dan Lynch, Derek Pfeifer, 4 students from UNK, Steve Altmaier from KGFW Radio and Sara Gibboney from Kearney Hub.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Father Torpey from St. James Catholic Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

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

 

ANNOUNCEMENT

 

Vice-President Buschkoetter 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

 

REZONE SEVERAL PROPERTIES IN PIONEER PARK NEIGHBORHOOD

 

Vice-President Buschkoetter stated Administration has requested tabling the Applications submitted by F.M. and Marilyn Parker, Randall and Mary Fike, Edmund and Margaret Sizer, Dustin Westerbeck, Michelle Graddy, James and Rita Weber, Matthew and Kimberly Meister, Everett and Roxanne Aistrope, Darin and Lisa Messeure, Vern Plambeck, Bernice Oran, Gerald and Jann Davidson, Todd and Jennie Halbert, John and Darlene Smith, Randall and Mardi Pallas, Vernon and Eleanore Ward, Debbra Conroy, Karen Park, Robert and Darlene Mitchell, Joshua Liljehorn, Dudley and Barbara Friskopp, Larry and Kae Sawyer, Walter and Jennifer Martin, George and Roxanne Bascom, Duane and Sherry Ruh, James Gallant Power of Attorney for Jean Gallant, JoAnne Sawyer, Beverly Frickel, Kent and DeAnn Psota, J. Thomas and Mary York, Richard and Juanita Cloyed, Ronald and Terri Ridgway, Michael and Carney Marchand, Steven and Janet Anderson, Mary Beth Keenan, Donald and Roberta McKenzie, Larry and Ruth Solomon, Jerry and Cynthia Foote, Thomas Bright, Tracy and Jacqueline Burns, Ronald Landstrom, Seth Blank, Wanda Davis, Arlette Neal, Mary Mendenhall, Thomas and Linda Martin, 24th Street Development, Brent and McKenna Bieber, Jerry and Janet Fox, Elmer and Margaret Holzichter, Rosalie Elder (Applicants and Owners) to rezone from “District R-3, Urban Residential Multi-Family District (Medium Density) District” to “District R-1, Urban Residential Single Family District” property described as follows: the south half of Lot 2, all of Lot 3,  part of Lots 4 and 5, all in Block 1, West Addition; part of Lots 1, 2, 3, 4, 5, and all of Lot 6, all in Block 2, West Addition; Lots 1, 2, 9, 11, 12, the east 55 feet of Lots 7 and 8, all in Block 3, West Addition; Lots 1, 2, 3, 4, 12, part of Lots 8 and 9, all in Block 4, West Addition; the south 42 feet of Lot 3, all of Lots 4, 10, 11, 12, the north 10 feet of Lot 5, the west 80 feet of Lots 7, 8, 9, all in Block 5, West Addition; Lots 3, 4, 5, 6, the east 60 feet of Lots 7, 8, 9, all in Block 6, West Addition; the west 45 feet of Lot 1, 2, 3, all of Lots 4, 5, 6, 7, 8, 9, 10, all in Block 7, West Addition; the east 35 feet of the west 90 feet of Lot 11, the east 35 feet of the west 90 feet of Lot 12, the east 50 feet of Lots 11 and 12, all in Block 10, West Addition; Lots 1 and 2, Hecht’s Subdivision; all of Lots 1, 2, 3, the west half of Lot 4, the west half of the south half of Lot 5, the west 80 feet of Lot 6, the west 80 feet of the north half of Lot 5, all in Block 1, Ashland Addition; part of Lots 1, 2, 3, together with the vacated east half of the alley abutting said lots on the west, the east 93 1/3 feet of Lot 3, the east 93 1/3 feet of the south 30 feet of Lot 2, the west 70 feet of Lot 6, the west 70 feet of the north 20 feet of Lot 5, the east half of Lot 6, the east half of the north 10 feet of Lot 5, all in Block 2, Ashland Addition; the west half of Lots 1 and 2, the west half of Lot 12, the west half of the north 39 feet of Lot 11, the east half of the south 34 feet of Lot 5, the east half of Lot 6, all in Block 8, Ashland Addition; the south 86 feet of Lots 13 and 14, the west half of the south 86 feet of Lot 15, the north 44 feet of Lots 13 and 14, the north 44 feet of the west half of Lot 15, all of Lots 18, 19, 20, 21, 22, 23, 24, all in Block 60, Perkins & Harford’s Addition; Lot 20 and the west half of Lot 21 of Block 61, Perkins & Harford’s Addition; the east 50 feet of Lot, all of Lots 9, 10, 11, 12, 13, 14 of Block 63, Perkins & Harford’s Addition, all in the City of Kearney, Buffalo County, Nebraska (322, 323, 324, 417, 517, 521, 603 West 21st Street; 322, 512, 515, 612, 626 West 22nd Street; 403, 411, 417, 514, 524, 621, 703, 711 West 23rd Street; 501, 511, 523, 609, 624, 714, 720, 801, 805, 819 West 24th Street; 2112 3rd Avenue; 2100, 2108, 2112, 2114, 2208, 2216, 2220 4th Avenue; 2102, 2110, 2211, 2218, 2221, 2222, 2300, 2305, 2308 5th Avenue; 2109, 2209, 2220, 2303, 2304, 2309, 2310, 2411 6th Avenue).

 

Moved by Kearney seconded by Lammers to table until November 27, 2007 the hearing on the Applications submitted by F.M. and Marilyn Parker, Randall and Mary Fike, Edmund and Margaret Sizer, Dustin Westerbeck, Michelle Graddy, James and Rita Weber, Matthew and Kimberly Meister, Everett and Roxanne Aistrope, Darin and Lisa Messeure, Vern Plambeck, Bernice Oran, Gerald and Jann Davidson, Todd and Jennie Halbert, John and Darlene Smith, Randall and Mardi Pallas, Vernon and Eleanore Ward, Debbra Conroy, Karen Park, Robert and Darlene Mitchell, Joshua Liljehorn, Dudley and Barbara Friskopp, Larry and Kae Sawyer, Walter and Jennifer Martin, George and Roxanne Bascom, Duane and Sherry Ruh, James Gallant Power of Attorney for Jean Gallant, JoAnne Sawyer, Beverly Frickel, Kent and DeAnn Psota, J. Thomas and Mary York, Richard and Juanita Cloyed, Ronald and Terri Ridgway, Michael and Carney Marchand, Steven and Janet Anderson, Mary Beth Keenan, Donald and Roberta McKenzie, Larry and Ruth Solomon, Jerry and Cynthia Foote, Thomas Bright, Tracy and Jacqueline Burns, Ronald Landstrom, Seth Blank, Wanda Davis, Arlette Neal, Mary Mendenhall, Thomas and Linda Martin, 24th Street Development, Brent and McKenna Bieber, Jerry and Janet Fox, Elmer and Margaret Holzichter, Rosalie Elder (Applicants and Owners) to rezone from “District R-3, Urban Residential Multi-Family District (Medium Density) District” to “District R-1, Urban Residential Single Family District” property described as follows: the south half of Lot 2, all of Lot 3,  part of Lots 4 and 5, all in Block 1, West Addition; part of Lots 1, 2, 3, 4, 5, and all of Lot 6, all in Block 2, West Addition; Lots 1, 2, 9, 11, 12, the east 55 feet of Lots 7 and 8, all in Block 3, West Addition; Lots 1, 2, 3, 4, 12, part of Lots 8 and 9, all in Block 4, West Addition; the south 42 feet of Lot 3, all of Lots 4, 10, 11, 12, the north 10 feet of Lot 5, the west 80 feet of Lots 7, 8, 9, all in Block 5, West Addition; Lots 3, 4, 5, 6, the east 60 feet of Lots 7, 8, 9, all in Block 6, West Addition; the west 45 feet of Lot 1, 2, 3, all of Lots 4, 5, 6, 7, 8, 9, 10, all in Block 7, West Addition; the east 35 feet of the west 90 feet of Lot 11, the east 35 feet of the west 90 feet of Lot 12, the east 50 feet of Lots 11 and 12, all in Block 10, West Addition; Lots 1 and 2, Hecht’s Subdivision; all of Lots 1, 2, 3, the west half of Lot 4, the west half of the south half of Lot 5, the west 80 feet of Lot 6, the west 80 feet of the north half of Lot 5, all in Block 1, Ashland Addition; part of Lots 1, 2, 3, together with the vacated east half of the alley abutting said lots on the west, the east 93 1/3 feet of Lot 3, the east 93 1/3 feet of the south 30 feet of Lot 2, the west 70 feet of Lot 6, the west 70 feet of the north 20 feet of Lot 5, the east half of Lot 6, the east half of the north 10 feet of Lot 5, all in Block 2, Ashland Addition; the west half of Lots 1 and 2, the west half of Lot 12, the west half of the north 39 feet of Lot 11, the east half of the south 34 feet of Lot 5, the east half of Lot 6, all in Block 8, Ashland Addition; the south 86 feet of Lots 13 and 14, the west half of the south 86 feet of Lot 15, the north 44 feet of Lots 13 and 14, the north 44 feet of the west half of Lot 15, all of Lots 18, 19, 20, 21, 22, 23, 24, all in Block 60, Perkins & Harford’s Addition; Lot 20 and the west half of Lot 21 of Block 61, Perkins & Harford’s Addition; the east 50 feet of Lot, all of Lots 9, 10, 11, 12, 13, 14 of Block 63, Perkins & Harford’s Addition, all in the City of Kearney, Buffalo County, Nebraska (322, 323, 324, 417, 517, 521, 603 West 21st Street; 322, 512, 515, 612, 626 West 22nd Street; 403, 411, 417, 514, 524, 621, 703, 711 West 23rd Street; 501, 511, 523, 609, 624, 714, 720, 801, 805, 819 West 24th Street; 2112 3rd Avenue; 2100, 2108, 2112, 2114, 2208, 2216, 2220 4th Avenue; 2102, 2110, 2211, 2218, 2221, 2222, 2300, 2305, 2308 5th Avenue; 2109, 2209, 2220, 2303, 2304, 2309, 2310, 2411 6th Avenue). Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse and Lear absent. Motion carried.

 

VIAERO WIRELESS CONDITIONAL USE PERMIT FOR 609 PLATTE ROAD

 

Vice-President Buschkoetter opened the public hearing on the Application submitted by NE Colorado, Inc., dba Viaero Wireless (Applicant) and Firstier Capital Corporation, dba Kearney Event Center, Inc. (Owner) for a Conditional Use Permit to construct a 150-foot tall self supporting telecommunications pole, a backup generator, a 1,000 gallon propane tank and space for two 9 foot by 15 foot by 8.5 foot tall concrete buildings (one current and one future) to house electronic equipment on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 2, Broadfoot Third Addition to the City of Kearney, Buffalo County, Nebraska (609 Platte Road). Planning Commission recommended approval and agreed that this location would be well suited for a tower.

 

Vice-President Buschkoetter stated that the City was contacted by Mr. Riha that the name of the company should be listed as NE Colorado Cellular, Inc.  The word Cellular was erroneously omitted on the application.

 

The applicant is requesting a Conditional Use Permit (CUP) to construct a 150-foot self‑supporting telecommunications tower, a backup generator, a 1,000 gallon propane tank and two equipment buildings near the northwest corner of the existing arena building. The applicant has submitted a lengthy report in support of this CUP application for your review. All required documentation is present.

 

The main goals of the applicant appear to be:

·         Improve service coverage to their client base by adding an additional tower to their system in Kearney.

·         Provide better signal strength to the indoor environs at the arena.

·         Build the tower using monopole construction to make it less noticeable.

·         Provide telecommunications service to the community through line-of-sight technology during times of crisis when other types of communication systems may be compromised.

 

Viaero received approval from the City Council in March 2007 to locate their first new tower on Highway 30 just south of the UNK campus. The company has several co-location sites on towers owned by others in the Kearney community.  If this tower is approved, they will be seeking suitable locations for a tower near Good Samaritan Hospital and one near the Hilltop Mall area.

 

Staff believes that the proposed location is well suited for a tower. It is fairly “removed” from the urbanized area in a more remote location. Most of the land around the location is open agricultural or industrial property. The subject site is zoned C-2/PD, Community Commercial with a Planned District overlay. There are no residences or residential zoning anywhere near the tower site. The monopole construction will give the tower sleeker lines and make it less noticeable than a lattice style tower that requires a wider triangular base. The bulk of the arena building helps to hide the tower from view to the west while the existing mature trees north of the arena and tower site help to buffer views from Interstate 80. The arena is built on a substantial amount of fill due to floodplain regulations which makes the site higher than surrounding land and helps to decrease the overall height requirements for the tower. The equipment buildings are 9’ x 15’ x 8.5’ each. They will be located at the base of the tower and enclosed with a security fence.  Conifers such as pine or spruce will be planted to screen the tower site at ground level.

 

City Code requires that any new telecommunications tower provide collocation ability, meaning adequate space and structural integrity for antenna and equipment for two additional users on the tower. The proposed Viaero tower has co-location capacity for an additional user if they do not disrupt the services of Viaero and enough space in the equipment buildings to accommodate the additional user.

 

City Code requires that all tower applicants perform analysis of co-location potential for any existing telecommunications towers to use the existing towers instead of constructing new towers. The required search ring in the code is ¼ mile from the proposed tower site. In this case, there are no existing towers located within these parameters. 

 

Chris Riha, 1512 South Locust Street, Grand Island, presented this matter to the Council. He is one of Viaero’s six site acquisition managers.  The purpose and the benefits of Viaero Wireless having this telecommunication site next to the FirstTier Event Center is to basically broaden their GSF network area in the southern Kearney area.  This would also service southern Buffalo County and northern Kearney County. GSF stands for Global Systems for Mobile Communications which is worldwide technology. This proposed site will provide excellent penetration of these frequency waves coming off the antennas and penetrating down into the buildings and basements of that surrounding area. This would benefit not only the Event Center, but also the surrounding businesses and present and future homes in the area. 

 

Eventually, the area around Broadfoot Sand & Gravel will be more developed. This site would also speed technology for data transmissions. The definition of data transmissions is emailing, scanning the web, text messaging, forwarding a picture, excel file, etc.  These frequency waves transmit to your cell phones. The further away you are from the transmission site, the slower the speed of the data transmissions.  The closer the set of antennas for the selected target site, the faster the data transmissions will be.  The FirstTier Event Center usually houses a lot of people during home events and this technology will be able to handle the capacity and number of cell phone calls and wireless data transmissions taking place there. 

 

Mr. Riha stated that his belief is that with improved communications, it will hopefully improve the economics for businesses in the area.  There are more and more people who have their offices in their home instead of having a general office downtown.  So it would be a benefit to both residential and business owners in the area, as well as the travelers passing through.

 

In answer to the concern about 911 enhancements, Mr. Riha stated in the future they will have the 911 enhancement capability which will be included in phase II.  This was taken care of by another department and he had no information other than that. Development is a matter of time and money to get it done.

 

Council Member Buschkoetter stated that 911 enhancement is one of the areas of concern the City has because it has been a slow process.  He believed that Viaero is posing itself to be a “good neighbor” and a tremendous asset to the community; however they have been slow in getting things done.  Another concern is increasing one aspect of service when the other existing service has not come up to par compared with the other companies. 

 

Council member Lammers asked where Viaero stands concerning occupation tax because it has been a concern not only in Kearney, but across the State with Viaero.  Mr. Riha stated that occupation tax is handled by their corporate office in Fort Morgan.  To his knowledge, the Viaero accounting department and their general counsel department is setting up the software to cycle bill for those taxes.  Mr. Rhia stated that 911 is handled by their engineers and other management is responsible for the billing issues.

 

City Manager Michael Morgan stated that the Conditional Use Permit does have conditions that stipulate that Viaero meet all federal, state and local laws.  Those laws are not being met at this time.  He believed that it would be appropriate for the Council to take those issues into account while evaluating this application. Council member Buschkoetter stated that Mr. Riha’s corporate office has put him in a bad spot by not providing him with the information needed to present this to the Council. A Conditional Use Permit by its very language means that there are conditions being placed upon the approval.  Viaero’s past history has not held up their part of the bargain, so it makes it a little difficult to trust that they will follow those conditions in the future. 

 

Attorney Pat Nelson stated that he was not aware until now that the issues of 911 enhancements and occupation taxes were as much of a problem as was stated.  It is unfortunate that in their communications there was not discussion with Sheriff Miller or perhaps Mr. Wessels prior to this meeting.  Council member Buschkoetter stated there have been ongoing discussions about taxes owed to the City of Kearney.  City Manager stated and Viaero has had significant communication from numerous folks across the State, including League of Nebraska Municipalities, about failure to pay occupation taxes.  Perhaps Mr. Nelson was not aware of this, but another partner in his firm has been in communication with the City Attorney regarding this matter.

 

Mr. Nelson stated that he was led to believe that their corporate Viaero people had been in touch with the “power that be” and that apparently that has not transpired. City Manager added that even if it has not transpired, it is several months past due.  The Council expects that the conditions be complied with before coming forth.  Mr. Nelson proposed that this matter be tabled until the next Council meeting on November 27th to determine where they are in the process. 

 

Moved by Lammers seconded by Buschkoetter to table until November 27, 2007 the hearing on the Application submitted by NE Colorado Cellular, Inc., dba Viaero Wireless (Applicant) and Firstier Capital Corporation, dba Kearney Event Center, Inc. (Owner) for a Conditional Use Permit to construct a 150-foot tall self supporting telecommunications pole, a backup generator, a 1,000 gallon propane tank and space for two 9 foot by 15 foot by 8.5 foot tall concrete buildings (one current and one future) to house electronic equipment on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 2, Broadfoot Third Addition to the City of Kearney, Buffalo County, Nebraska (609 Platte Road). Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lammers. Nay: None. Clouse and Lear absent. Motion carried.

 

REZONING NORTH OF THE INTERSECTION OF AVENUE K AND 56TH STREET WEST OF THE INTERSECTION OF AVENUE L AND EASTBROOKE DRIVE

 

Public Hearings 3, 4 and 5 can be discussed together but voted on separately.

 

Vice-President Buschkoetter opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 47.82 acres, more or less, Buffalo County, Nebraska and to “District C‑O, Office District” property described as a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 6.17 acres, more or less, Buffalo County, Nebraska (north of the intersection of Avenue K and 56th Street west of the intersection of Avenue L and Eastbrooke Drive).  Planning Commission recommended approval.

 

The applicant is requesting approval to zone and plat 53.99 acres as the next phase of the Stoneridge development located north of the intersection of Avenue K and 56th Street and west of the intersection of Avenue L and Eastbrooke Drive. This project requires rezoning, platting and annexation.

 

The applicant is requesting approval of rezoning for 47.82 acres from Agricultural to Urban Residential Single-Family District and 6.17 acres to be rezoned from Agricultural to Office District. A large portion of the R-1 zoning is actually the lake. The lake will be subdivided in the future as a separate lot. The C-0 zoning takes advantage of 56th Street frontage for future office development on two lots on the east and west sides of Avenue K. The zoning in other areas of Stoneridge consists of R-1, R-2, R-3 and C-0 zones. The proposed zoning is in conformance with the Future Land Use Map of the City of Kearney Comprehensive Development Plan and fits the context of the mixed use neighborhood.

 

The Preliminary Plat for the entire Stoneridge area was previously approved by the Planning Commission in December of 2003. The Final Plat contains two commercial office lots, 36 single-family lots, and the lake lot which will be withdrawn from the final plat prior to City Council approval. The area containing the lake will be combined with the unplatted land to the northeast of this phase and brought forward in the future as the next phase of Stoneridge.  This is due to the fact that the unplatted ground is less than ten acres and by state law must be included in the subdivision plat.  By removing the lake area from the Final Plat at this time, the overall area of unplatted land will exceed ten acres.

 

The right-of-way for Avenue K is expanded to 90 feet in width from 56th Street north to the end of the commercial office lots. This section of the street will be developed with landscaped center medians.

 

A Public Works Plan has been previously submitted in conjunction with the Preliminary Plat for the overall area. An infrastructure agreement will be taken before Council in the future stating the terms and conditions by which the owner will construct the required infrastructure. The owner is advised that the City will not create improvement districts for this subdivision. 

 

Prior to approval of the preliminary plat of Stoneridge in 2003, the Comprehensive Development Plan showed Eastbrooke Drive extending east-west roughly through the center of the subdivision.  When the developer decided to build the lake, Eastbrooke Drive was no longer a viable east-west collector so the City and the developer agreed to shift the east-west collector north to 63rd Street. On the Preliminary Plat, 63rd Street is shown crossing the dam of the lake. Since that time, the developer’s design is to shift 63rd Street slightly to the north to avoid the lake dam. Even at this location there is significant cost required to design and construct the roadway and the drainage structure to accommodate the outflow from the lake.  The City is currently working on an agreement to address the future design and construction of 63rd Street north of Stoneridge Lake with the owner of this property and the property owner to the north. This agreement will be finalized and executed prior to any review or approval of the next phase of the Stoneridge project.

 

Due to the common areas proposed in this development, such as the future lake and the landscape medians in the public streets, Planning Commission has recommended that some type of Homeowner’s Association be formed prior to the sale of any lots that will be part of said association so that prospective purchasers are aware of the association and to clearly define that the City is not obligated to maintain these common spaces in the future.

 

This property is contiguous to the corporate limits of the City and can be served with municipal services. Therefore, this property shall be annexed.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. Contractors started moving dirt this week to construct the lake which will enhance some of the drainage issues and concerns that the City of Kearney has in the northeast Kearney drainage corridor.  They are proposing some zoning on 47.82 acres which will be zoned R-1, but in fact 27 acres of that will not be final platted although the area will be included within the lake area.  A plat that will be brought forth and included in that at a later date. The interesting thing is the final plat will include 29 single family residential lots and two larger lots that comprise (including the roadway) about 6.1 acres. These lots will be zoned as non-retail or an office type district. A good portion of these 29 single family residential units will abut the lake.

 

Mr. Humphrey stated they are in agreement with City staff to meet the requirements set forth by the City. 

 

They have been working with Mr. Norwood on this project since 2001-2002.  His initial development on the site consists of some duplex units in the area of the 56th Street convenience store.  He then expanded to the north with duplexes and on the southwest corner there are some apartment buildings under construction. To the east of the apartment buildings, they are doing dirt work for a new office building which will soon be constructed. 

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Kearney to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 47.82 acres, more or less, Buffalo County, Nebraska and to “District C‑O, Office District” property described as a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 6.17 acres, more or less, Buffalo County, Nebraska (north of the intersection of Avenue K and 56th Street west of the intersection of Avenue L and Eastbrooke Drive). Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse and Lear absent. Motion carried.

 

FINAL PLAT – STONERIDGE EIGHTH ADDITION

 

Vice-President Buschkoetter opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. and Nebraska National Bank (Owner) for approval of the Final Plat for “Stoneridge Eighth Addition”, an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and part of Lot 4 (now vacated), Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 23.69 acres, more or less, all in Buffalo County, Nebraska (north of the intersection of Avenue K and 56th Street west of the intersection of Avenue L and Eastbrooke Drive) and to consider approval of Resolution No. 2007-230. Planning Commission recommended approval subject to (1) Owner shall not request the City of Kearney to create improvement districts for the infrastructure associated with this project, (2) Owner shall execute a Developer Constructed Infrastructure Agreement with the City Council in the future prior to the issuance of any building permits that specifies that the Owner shall construct the required infrastructure to develop this site; and (3) a Homeowner’s Association shall be formed and recorded at the Register of Deeds Office prior to the sale of any lots.

 

Discussion was held with Public Hearing 3 on the rezoning.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lammers to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. and Nebraska National Bank (Owner) for approval of the Final Plat for “Stoneridge Eighth Addition”, an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and part of Lot 4 (now vacated), Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 23.69 acres, more or less, all in Buffalo County, Nebraska (north of the intersection of Avenue K and 56th Street west of the intersection of Avenue L and Eastbrooke Drive) and approve Resolution No. 2007-230 subject to compliance with the following conditions: (1) Owner shall not request the City of Kearney to create improvement districts for the infrastructure associated with this project, (2) Owner shall execute a Developer Constructed Infrastructure Agreement with the City Council in the future prior to the issuance of any building permits that specifies that the Owner shall construct the required infrastructure to develop this site; and (3) a Homeowner’s Association shall be formed and recorded at the Register of Deeds Office prior to the sale of any lots. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lammers. Nay: None. Clouse and Lear absent. Motion carried.

 

RESOLUTION NO. 2007-230

 

            BE IT RESOLVED BY THE VICE-PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “STONERIDGE EIGHTH ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, and part of Lot 4 (now vacated) of Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska more particularly described as follows: Referring to the southwest corner of the Southeast Quarter of Section 24 and assuming the south line of said Southeast Quarter of Section 24, as being N89°11'17"E and all bearings contained herein are relative thereto; thence N89°11'17"E and on the south line of said Southeast Quarter of Section 24 a distance of 993.50 feet to the southeast corner of Stoneridge Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing N89°11’17”E and on the south line of the Southeast Quarter of Section 24, a distance of 80.00 feet to the  ACTUAL PLACE OF BEGINNING, thence continuing N89°11’17”E and on the south line of the Southeast Quarter of said Section 24, a distance of 548.17 feet to the southwest corner of Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence N00°48’42”W and on the west line of said Camron First Addition, a distance of 50.00 feet to a point on the north right-of-way line of 56th Street, a street in the City of Kearney, Buffalo County, Nebraska, said point also being the southwest corner of Lot 4 (now vacated) of Block 1 of said Camron First Addition; thence leaving the west line of said Camron First Addition, N89°11’17”E and on the north right-of-way line of said 56th Street and on the south line of said Lot 4 (now vacated) of said Block 1, Camron First Addition a distance of 283.16 feet to the southwest corner of Camron Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence leaving the north right-of-way line of said 56th Street and the south line of said Lot 4 (now vacated) of Block 1, Camron First Addition, N00°28’53”W and on the west line of said Camron Second Addition, and the west line of Stoneridge Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska, a distance of 1177.83 feet to the northwest corner of said Stoneridge Seventh Addition; thence N89°31’07”E and on the north line of said Stoneridge Seventh Addition, a distance of 40.58 feet to the southwest corner of Stoneridge Sixth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence leaving the north line of said Stoneridge Seventh Addition, N00°28’53”W and on the west line of said Stoneridge Sixth Addition, a distance of 517.24 feet; thence leaving the west line of said Stoneridge Sixth Addition, S89°31’07”W a distance of 175.58 feet; thence S00°28’53”E a distance of 12.90 feet; thence S89°31’07”W a distance of 250.15 feet; thence S06°11’31”E a distance of 201.00 feet; thence S01°28’13”E a distance of 298.53 feet; thence S89°31’07”W a distance of 65.00 feet; thence S66°37’29”W a distance of 132.04 feet; thence S39°02’12”W a distance of 147.04 feet; thence S09°12’36”W a distance of 147.30 feet; thence S00°28’53”E a distance of 300.00 feet; thence S10°30’27”E a distance of 143.22 feet; thence S39°49’23”E a distance of 175.45 feet; thence S89°11’17”W a distance of 269.21 feet; thence S00°48’43”E a distance of 175.00 feet; thence S14°49’49”W a distance of 129.81 feet; thence S00°48’43”E a distance of 50.00 feet to the place of beginning, containing 23.69 acres, more or less, all in Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved subject to compliance with the following conditions: (1) Owner shall not request the City of Kearney to create improvement districts for the infrastructure associated with this project, (2) Owner shall execute a Developer Constructed Infrastructure Agreement with the City Council in the future prior to issuance of any building permits that specifies that the Owner shall construct the required infrastructure to develop this site; and (3) a Homeowner’s Association shall be formed and recorded at the Register of Deeds Office prior to the sale of any lots, and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, be 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 Vice-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 13TH DAY OF NOVEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

ANNEXATION OF STONERIDGE EIGHTH ADDITION, NORTH OF THE INTERSECTION OF AVENUE K AND 56TH STREET WEST OF THE INTERSECTION OF AVENUE L AND EASTBROOKE DRIVE

 

Vice-President Buschkoetter opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. and Nebraska National Bank (Owner) for the annexation of “Stoneridge Eighth Addition” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and part of Lot 4 (now vacated), Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 23.69 acres, more or less, all in Buffalo County, Nebraska (north of the intersection of Avenue K and 56th Street west of the intersection of Avenue L and Eastbrooke Drive) and to consider approval of Resolution No. 2007-231. Planning Commission recommended approval.

 

Discussion was held with Public Hearing 3 on the rezoning.

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. and Nebraska National Bank (Owner) for the annexation of “Stoneridge Eighth Addition” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and part of Lot 4 (now vacated), Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 23.69 acres, more or less, all in Buffalo County, Nebraska (north of the intersection of Avenue K and 56th Street west of the intersection of Avenue L and Eastbrooke Drive) and approve Resolution No. 2007-231. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse and Lear absent. Motion carried.

 

RESOLUTION NO. 2007-231

 

            WHEREAS, an Application has been submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for NP Land Development, Inc. and Nebraska National Bank (Owner) for the inclusion of “STONERIDGE EIGHTH ADDITION” an addition within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, and part of Lot 4 (now vacated) of Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska more particularly described as follows: Referring to the southwest corner of the Southeast Quarter of Section 24 and assuming the south line of said Southeast Quarter of Section 24, as being N89°11'17"E and all bearings contained herein are relative thereto; thence N89°11'17"E and on the south line of said Southeast Quarter of Section 24 a distance of 993.50 feet to the southeast corner of Stoneridge Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing N89°11’17”E and on the south line of the Southeast Quarter of Section 24, a distance of 80.00 feet to the  ACTUAL PLACE OF BEGINNING, thence continuing N89°11’17”E and on the south line of the Southeast Quarter of said Section 24, a distance of 548.17 feet to the southwest corner of Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence N00°48’42”W and on the west line of said Camron First Addition, a distance of 50.00 feet to a point on the north right-of-way line of 56th Street, a street in the City of Kearney, Buffalo County, Nebraska, said point also being the southwest corner of Lot 4 (now vacated) of Block 1 of said Camron First Addition; thence leaving the west line of said Camron First Addition, N89°11’17”E and on the north right-of-way line of said 56th Street and on the south line of said Lot 4 (now vacated) of said Block 1, Camron First Addition a distance of 283.16 feet to the southwest corner of Camron Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence leaving the north right-of-way line of said 56th Street and the south line of said Lot 4 (now vacated) of Block 1, Camron First Addition, N00°28’53”W and on the west line of said Camron Second Addition, and the west line of Stoneridge Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska, a distance of 1177.83 feet to the northwest corner of said Stoneridge Seventh Addition; thence N89°31’07”E and on the north line of said Stoneridge Seventh Addition, a distance of 40.58 feet to the southwest corner of Stoneridge Sixth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence leaving the north line of said Stoneridge Seventh Addition, N00°28’53”W and on the west line of said Stoneridge Sixth Addition, a distance of 517.24 feet; thence leaving the west line of said Stoneridge Sixth Addition, S89°31’07”W a distance of 175.58 feet; thence S00°28’53”E a distance of 12.90 feet; thence S89°31’07”W a distance of 250.15 feet; thence S06°11’31”E a distance of 201.00 feet; thence S01°28’13”E a distance of 298.53 feet; thence S89°31’07”W a distance of 65.00 feet; thence S66°37’29”W a distance of 132.04 feet; thence S39°02’12”W a distance of 147.04 feet; thence S09°12’36”W a distance of 147.30 feet; thence S00°28’53”E a distance of 300.00 feet; thence S10°30’27”E a distance of 143.22 feet; thence S39°49’23”E a distance of 175.45 feet; thence S89°11’17”W a distance of 269.21 feet; thence S00°48’43”E a distance of 175.00 feet; thence S14°49’49”W a distance of 129.81 feet; thence S00°48’43”E a distance of 50.00 feet to the place of beginning, containing 23.69 acres, more or less, all in Buffalo County, Nebraska; and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on October 19, 2007 on the inclusion of “STONERIDGE EIGHTH ADDITION” 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 “STONERIDGE EIGHTH ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska;

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on November 13, 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 Vice-President and City Council of the City of Kearney, Nebraska, that the land to be platted as “STONERIDGE EIGHTH ADDITION” 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 “STONERIDGE EIGHTH ADDITION” 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 13TH DAY OF NOVEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

AMENDMENT TO LAND USE MAP FOR 1550 FEET SOUTH OF THE INTERSECTION OF HIGHWAY 10/40 ON THE WEST SIDE OF HIGHWAY 10

 

Vice-President Buschkoetter stated the City received a letter from the applicant, Mitch Humphrey from Buffalo Surveying, on behalf of Kenneth and Elaine Richter to table the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine Richter (Owner) for an amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agriculture/Open” to “Mixed Use 2” for property described as being part of the Southeast Quarter of the Southeast Quarter of Section 14, Township 9 North, Range 16 West of 6th P.M., containing 5.90 acres, more or less, Buffalo County, Nebraska (1550 feet south of the intersection of Highway 10/40 on the west side of Highway 10).

 

Moved by Buschkoetter seconded by Kearney to table until November 27, 2007 the Public Hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine Richter (Owner) for an amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agriculture/Open” to “Mixed Use 2” for property described as being part of the Southeast Quarter of the Southeast Quarter of Section 14, Township 9 North, Range 16 West of 6th P.M., containing 5.90 acres, more or less, Buffalo County, Nebraska (1550 feet south of the intersection of Highway 10/40 on the west side of Highway 10). Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lammers. Nay: None. Clouse and Lear absent. Motion carried.

 

REZONING FOR 1550 FEET SOUTH OF THE INTERSECTION OF HIGHWAY 10/40 ON THE WEST SIDE OF HIGHWAY 10

 

Vice-President Buschkoetter stated the City received a letter from the applicant, Mitch Humphrey from Buffalo Surveying, on behalf of Kenneth and Elaine Richter to table the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine Richter (Owner) to rezone from “District AG, Agricultural District” to “District C-2/PD, Community Commercial District/Planned Development Overlay District” for property described as being part of the Southeast Quarter of the Southeast Quarter of Section 14, Township 9 North, Range 16 West of 6th P.M., containing 5.90 acres, more or less, Buffalo County, Nebraska (1550 feet south of the intersection of Highway 10/40 on the west side of Highway 10).

 

Moved by Buschkoetter seconded by Kearney to table until November 27, 2007 the Public Hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine Richter (Owner) to rezone from “District AG, Agricultural District” to “District C-2/PD, Community Commercial District/Planned Development Overlay District” for property described as being part of the Southeast Quarter of the Southeast Quarter of Section 14, Township 9 North, Range 16 West of 6th P.M., containing 5.90 acres, more or less, Buffalo County, Nebraska (1550 feet south of the intersection of Highway 10/40 on the west side of Highway 10).  Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse and Lear absent. Motion carried.

 

FINAL PLAT AND SUBDIVISION AGREEMENT FOR ELKEN SUBDIVISION

 

Vice-President Buschkoetter stated the City received a letter from the applicant, Mitch Humphrey from Buffalo Surveying, on behalf of Kenneth and Elaine Richter to table the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine Richter (Owner) for approval of the Final Plat and Subdivision Agreement for “Elken Subdivision”, a subdivision of Buffalo County, Nebraska for property described as being part of the Southeast Quarter of the Southeast Quarter of Section 14, Township 9 North, Range 16 West of 6th P.M., containing 5.90 acres, more or less, Buffalo County, Nebraska (1550 feet south of the intersection of Highway 10/40 on the west side of Highway 10).

 

Moved by Buschkoetter seconded by Kearney to table until November 27, 2007 the Public Hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine Richter (Owner) for approval of the Final Plat and Subdivision Agreement for “Elken Subdivision”, a subdivision of Buffalo County, Nebraska for property described as being part of the Southeast Quarter of the Southeast Quarter of Section 14, Township 9 North, Range 16 West of 6th P.M., containing 5.90 acres, more or less, Buffalo County, Nebraska (1550 feet south of the intersection of Highway 10/40 on the west side of Highway 10). Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lammers. Nay: None. Clouse and Lear absent. Motion carried.

 

REZONING FOR NORTH OF 15TH STREET LYING BETWEEN CENTRAL AVENUE AND AVENUE A

 

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

 

Vice-President Buschkoetter opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for M.J. and Janis Schultz (Owner) to rezone from “District M-1, Limited Industrial District” to “District CBD/PD, Kearney Center Mixed Use District/Planned Development Overlay District” for property described as Lot 1448, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska and from “District R-2, Urban Residential Mixed-Density District” to “District CBD/PD, Kearney Center Mixed Use District/Planned Development Overlay District” for property described as Lots 1449, 1450, 1451, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (north of 15th Street lying between Central Avenue and Avenue A). Planning Commission recommended approval.

 

The applicant is requesting approval of Development Plans for a 13,632 square foot office building located north of 15th Street, between Central Avenue and Avenue A. This property is currently zoned R-2 and M-1. The applicant is requesting rezoning to a planned district and approval of development plans.

 

The requested rezoning is CBD/PD, Kearney Center Mixed Use District/ Planned Development Overlay District. The applicant and staff discussed other potential zoning categories including C-0, Office District but in the end the CBD zoning provides greater flexibility. CBD zoning abuts this property across the alley to the west where another office building was recently approved for M.J. Schultz. The alley was recently vacated but retained as a utility easement. Turner Body Shop, zoned M-1, is to the north. The CBD zoning extends from this area around the courthouse north through Old Town Kearney to the formal Central Business District of downtown Kearney. Since CBD zoning is primarily intended for downtown development scenarios, there are no requirements for off-street parking, landscaping or setbacks. As you will see on the Development Plans, the developer of this site intends to provide these site amenities even though they are not required. This is why the planned district overlay is included in this rezoning request.

 

There are no setbacks required in CBD zoning.  In this case, the applicant has placed the building three feet off the east property line and six feet of the south property line to allow more room for landscaping and sidewalks. With a formal Colonial style, the proposed building will be architecturally similar to the proposed M.J. Schultz building across the alley, and the Tye Law building to the south. It will be constructed of an attractive mix of brick and siding with crown molding and keystones above the windows and doors. The roof will be a hip roof with asphalt shingles. The west façade, which faces Central Avenue, will be all brick masonry construction.  The other three sides will be at least 35 percent brick with the remainder as siding to give the building a more residential look for the neighborhood. Gables on the west and east sides of the building project out over the entryways and provide a five foot offset to the building façade.

 

The building will have a 5,312 square foot basement. Four garage doors face north for storage of vehicles and equipment. These garages are accessed from the interior parking lot, not from the public street. 24 parking spaces are provided including two handicap stalls. CBD zoning does not require any off-street parking. There is also on-street angled parking like the downtown parking available in this area due to the proximity to the courthouse.

 

A complete Landscape Plan has been submitted even though landscaping is not required in CBD zoning. The applicant is requesting permission to use the oversize right-of-ways along Avenue A and 15th Street for landscaping. The existing right-of-ways are extra wide which will result in adequate landscape area even though it will be part of the public right-of-way. If the ten-foot landscape strip were required on private property, the total depth of landscape area from the curb to the parking lot would be as much as 32 feet. The street trees are still required; however, with permission from the Planning Commission and City Council, they may be planted in the right-of-way along these streets as shown on the plan. The interior parking lot contains 8.3 percent landscape islands.

 

Sharp cut-off light fixtures will be used throughout the project and directed away from the adjacent residential areas.

 

The site will drain into inlets in the parking lot and ultimately to the existing storm sewer inlet in the northwest corner of the intersection of 15th Street and Avenue A. The required detention can be met by sumping the inlets in the parking lot.

 

The location of the trash containers has been approved by the Utilities Department.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. The north portion of this block which encompasses one block and the Turner Body Shop site is zoned M-1. The request is to change the R-2 and M-1 to a CBD planned development overlay designation. A lot of the zoning to the north and west of this section is zoned Central Business District.  The difference is that this area is one half block off of Central Avenue.  North of Turner’s Body Shop site (which encompasses the Methodist Church) and the all of the blocks up to the railroad tracks on both sides of the block, west of Avenue A is zoned CBD.  Recently, Mr. and Mrs. Schultz zoned the four lots abutting directly onto Central Avenue to the CBD development zoning classification.  They plan to build a complimentary office building on that site and received approval to do so.

 

Mr. Humphrey stated the site plan shows a building that is three feet off Avenue A and six feet off of the 15th Street property line. The reason they are doing that is to provide a little more buffer to the neighborhood. In the CBD zoning classification by Code, they are not required to have any kind of buffer yard along those property lines.  His intent is to build a structure that looks and feels as though it will blend in with the neighborhood to the east where there is a single family neighborhood and blend with the courthouse structure on the west. They plan to put generous landscaping on the site.  Avenue A is a street that is platted 100 feet wide. They have 36 feet of paving in that area.  There is 32 feet from the paving to the property line on each side of the street which is now being used for green space and grass. 

 

If they were to follow the strict regulations for having the 10-foot landscape buffer yard, they would have another 10 feet (theoretically) over that. They are asking for a waiver on the 10-foot buffer yard and use the 32 feet of street right-of-way.  The plan would be to place several of the required street trees in that area.  They would have 8.3 percent of green space in the landscaped islands on the site.  They want to have the CBD zoning so they can put the building a little closer to the property line than if it were zoned a commercial office district which would require 25-foot setbacks off of the street sides.  In this case, that would involve two sides which would eat up quite a bit of the lot.  There will be sidewalks along the streets and a paved parking lot between where his building is and the Courthouse. The Schultz structure is going to set toward the west part of the block. The back of their building will set up against the Turner building facing south with its parking lot on the south.  Sixty percent of that lot would have landscaping and green space.  Another building which will face the west will make it look more like an office park or office complex. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lammers to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for M.J. and Janis Schultz (Owner) to rezone from “District M-1, Limited Industrial District” to “District CBD/PD, Kearney Center Mixed Use District/Planned Development Overlay District” for property described as Lot 1448, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska and from “District R-2, Urban Residential Mixed-Density District” to “District CBD/PD, Kearney Center Mixed Use District/Planned Development Overlay District” for property described as Lots 1449, 1450, 1451, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (north of 15th Street lying between Central Avenue and Avenue A). Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse and Lear absent. Motion carried.

 

PLANNED DISTRICT DEVELOPMENT PLANS FOR NORTH OF 15TH STREET LYING BETWEEN CENTRAL AVENUE AND AVENUE A

 

Vice-President Buschkoetter opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for M.J. and Janis Schultz (Owner) for Planned District Development Plan Approval for the construction of a business office facility on property to be zoned “District CBD/PD, Kearney Center Mixed Use District/Planned Development Overlay District” and described as Lots 1448, 1449, 1450, 1451, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (north of 15th Street lying between Central Avenue and Avenue A) and to consider approval of Resolution No. 2007-232.

 

Discussion was held during Public Hearing 9 above.

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for M.J. and Janis Schultz (Owner) for Planned District Development Plan Approval for the construction of a business office facility on property to be zoned “District CBD/PD, Kearney Center Mixed Use District/Planned Development Overlay District” and described as Lots 1448, 1449, 1450, 1451, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (north of 15th Street lying between Central Avenue and Avenue A) and approve Resolution No. 2007-232. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lammers. Nay: None. Clouse and Lear absent. Motion carried.

 

RESOLUTION NO. 2007-232

 

            WHEREAS, Mitch Humphrey from Buffalo Surveying (Applicant) for M.J. and Janis Schultz (Owner) has applied for Planned District Development Plan Approval for the construction of a business office facility on property zoned “District CBD/PD, Kearney Center Mixed Use District/Planned Development Overlay District” and described as Lots 1448, 1449, 1450, 1451, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (north of 15th Street lying between Central Avenue and Avenue A).

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and City Council of the City of Kearney, Nebraska, that the application of Mitch Humphrey from Buffalo Surveying (Applicant) for M.J. and Janis Schultz (Owner) for Planned District Development Plan Approval for the construction of a business office facility on property zoned “District CBD/PD, Kearney Center Mixed Use District/Planned Development Overlay District” and described as Lots 1448, 1449, 1450, 1451, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (north of 15th Street lying between Central Avenue and Avenue A) be approved.

            PASSED AND APPROVED THE 13TH DAY OF NOVEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

Vice-President Buschkoetter stated Consent Agenda Items 3 and 4 pertain to the Ag Leases at the Airport. Since Council member Lammers needs to abstain, we will need to table them until November 27.

 

Moved by Buschkoetter seconded by Kearney that Subsections 3 and 4 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse and Lear absent.  Motion carried.

 

3.         Approve the following Agricultural Leases at the Kearney Regional Airport from January 1, 2008 until December 31, 2008: B & B Bendfeldt Farms, L.L.C. and Brenda Bendfeldt (229 irrigated acres); David R. Fleming (383 non-irrigated acres); David R. Fleming (272 irrigated acres); Donald D. Hendrickson (347 irrigated acres and 11 non-irrigated acres); Gary Henderson (34 irrigated acres); Lee Potter (62 irrigated acres); Thomas L. Larsen and Theodore A. Larsen (127 under pivot irritation acres and 9 non-irrigated acres) and approve Resolution No. 2007-233.

 

4.         Approve the Grassland Lease with Ron Hendrickson (75 acres dry land hay) at the Kearney Regional Airport from January 1, 2008 until December 31, 2008 and approve Resolution No. 2007-234.

 

Moved by Kearney seconded by Lammers that Subsections 1, and 5 through 9 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lammers. Nay: None. Clouse and Lear absent.  Motion carried.

 

1.         Approve Minutes of Regular Meeting held October 23, 2007.

 

2.         Approve the following Claims: Ace Irrigation $60.00 smcs; Affordable Plumbing $125.50 smcs; Aflac $2,555.24 ps; Agri Coop $6,379.62 smcs; All Star Windshield $35.00 smcs; Alltel $1,946.76 smcs; Amax Contracting $560.00 co; Arrow Seed $1,925.71 smcs; Artic Refrigeration $201.76 smcs; Ask Supply $5,850.20 smcs,co; Athletica $12,425.00 smcs.co; B&B Auto Glass $169.00 smcs; Baker & Taylor $7,547.15 smcs; Barney Insurance $17,964.00 smcs; BBC Audiobooks $127.92 smcs; Becker,G $47.25 smcs; Bennett,T $1,095.00 smcs; Blank,D $18.74 smcs; Blessing $297,440.27 co; Bluecross Blueshield $107,270.23 smcs; Bosselman $1,058.00 smcs; Bowman,R $119.35 smcs; Broadfoot's $142.00 smcs; Brown,A $156.39 smcs; Budziszewski,D $5.17 smcs; Buffalo Co Ag $300.00 smcs; Buffalo Co Court $441.69 ps; Buffalo Co Reg Deeds $174.50 smcs,co; Buffalo Co Surveying $530.12 co; Buffalo Surveying $919.80 co; Builders Warehouse $32.24 smcs; CALEA $480.00 smcs; Capital Bank & Trust $576.90 ps; Capstone Press $3,901.75 smcs; CDW Gov't $3,396.06 smcs; Central Contracting $69,628.50 co; Central Fire & Safety $161.25 smcs; Central Hydraulic Systems $176.56 smcs; Chad $10.00 ps; Charter $54.99 smcs; Child's World $989.65 smcs; City Glass $69.95 smcs; City of Ky $267,844.61 smcs,ps; Civic Center Microtel $114.00 smcs; Coca-Cola $322.80 smcs; College Savings Plan of NE $225.00 ps; Concrete Workers $49,956.98 co; Conseco Life Ins $24.00 ps; Cool Tech $128.35 smcs; Corey's Complete Detailing $75.00 smcs; Counselor,R $5.17 smcs; Creative Product Sourcing $3,285.10 smcs; Crocker Painting $825.00 smcs; Crossroads Ford $250.67 smcs; Cullen,M $46.00 smcs; Culligan $334.00 smcs; Data Technologies $3,219.22 smcs; Dell $1,165.55 smcs; Depository Trust $106,601.25 smcs,ds; Dept of the Treasury $95.08 ps; Detection Instruments $2,598.18 co; Display Sales $4,030.20 co; Double M Farms $2,000.00 smcs; Dugan Business Forms $603.63 smcs; Dutton-Lainson $900.88 smcs,co; Eakes $933.32 smcs; Ecolab $30.00 smcs; Educational Service #10 $32.50 smcs; Eirich,T $370.00 smcs; Elliott Equipment $1,483.96 smcs; Ervin & Smith $3,822.04 smcs; ESRI $100.00 smcs; Fedex $21.03 smcs; Footjoy $160.88 smcs; Fredrickson Co $26,694.20 co; Frontier Comm $257.95 smcs; Galls $422.65 smcs; Gangwish Turf $27.00 co; Garrett Tires $3,813.31 smcs,co; GIS Workshop $3,015.00 smcs; Good Sam Health $150.00 smcs; Graham,N $8.00 smcs; Great Plains Safety $1,395.00 smcs; Grint,K $224.20 smcs; Guideposts $16.94 smcs; Hastings Tribune $606.32 smcs; Hazen,A $11.38 smcs; HD Supply $3,190.75 smcs; HiTech $650.00 co; Holiday $76.74 smcs; Hometown Leasing $248.23 smcs; Hydrologic $1,914.51 smcs; ICMA RC $7,917.16 ps; Industrial Fabrics $2,629.09 smcs; IRS $291,108.83 ps; Iteris $8,570.81 co; Jack Lederman $169.57 smcs; Johnson,S $370.00 smcs; Kayton Electric $30,514.09 co; Ky Clinic $1,291.00 ps; Ky Concrete $11,182.57 smcs,co; Ky Crete $2,227.44 co; Ky Hub $395.00 smcs; Ky United Way $546.00 ps; Ky Visitors Bureau $27,440.79 smcs; KVFD $2,000.00 smcs; Kirkham Michael $19,143.47 smcs; Konica Minolta $199.15 smcs; KRVN $449.40 smcs; Laughlin,K $900.00 ps; Lerner Publishing $942.69 smcs; Lewis,N $111.55 smcs; Linweld $44.80 smcs; Lockmobile $80.07 smcs; Londer,P $8.46 smcs; Long,J $70.00 smcs; Lynch,D $34.92 smcs; Magic Cleaning $250.00 smcs; Mail Express $257.53 smcs; Manary,M $602.36 smcs; Marlatt Machine Shop $67.00 smcs; Marshall,H $26.23 smcs; McCarty,D $1,128.20 smcs; Medtech Forensics $377.40 smcs; Meteorlogix $567.00 er; Metlife $5,607.28 ps; Meyer,N $10.95 smcs; Mid American Specialties; $320.60 smcs; Midlands Contracting $40,993.54 co; Mid-State Units $270.00 smcs; Milco Environmental $829.50 smcs; Miller & Associates $119,672.79 smcs,co; Mitchell 1 $447.30 smcs; Moonlight Embroidery $1,567.50 smcs; Mosbarger,B $200.00 smcs; Municipal Emergency $2,717.39 smcs; Municipal Supply $2,723.83 smcs; Nat'l Business Furniture $4,420.63 smcs,co; NDHHS $752.00 smcs; NE Child Support $6,823.20 ps; NE Dept of Revenue $30,021.80 ps; NE Firefighters Foundation $20,000.00 smcs; NE State Board Landscape $170.00 smcs; Nelson's Furniture $1,159.00 smcs,co; Neopost $8,595.13 smcs; Northwestern Energy $420.25 smcs; NSAWWA $700.00 smcs; Office Depot $233.52 smcs; Officenet $457.74 smcs; Ohri,R $19.50 smcs; O'Keefe Elevator $311.15 smcs; OMB Police Supply $336.45 smcs,co; On Site Mobile Sharpening $65.97 smcs; Oxford University Press $76.99 smcs; Paramount $202.48 smcs; Parish,D $25.10 smcs; Payflex Systems $463.25 ps; Peerless Machine $1,448.63 co; Penner,S $36.34 smcs; Pep Co $51.10 smcs; Pepsi-Cola $1,200.20 smcs; Phillips,J $65.00 smcs; Platte River Radio $350.00 smcs; Platte Valley Comm $22.50 smcs; Police Officer Ass'n of NE $480.00 smcs; Powerplan $1,814.29 smcs; Presto-X $136.00 smcs; Prosource One $3,800.83 smcs; Protech $2,535.00 smcs; Random House $1,061.60 smcs; Ray Allen $253.75 co; Ready Mixed Concrete $11,398.35 smcs,co; Recorded Books $468.87 smcs; Resolution Video $795.00 smcs; Resource Management $661.25 smcs; Rice,A $44.16 smcs; Rick's Sod Farm $1,093.00 co; Riekes Equipment $12,860.00 co; Riverside $795.00 ps; Rourke Publishing Group $1,890.25 smcs; Russell's Appliance $133.54 smcs; Safety-Kleen $82.05 smcs; Salter,J $19.50 smcs; Sapp Brothers $47,179.75 smcs; Sargent Drilling $308,435.12 co; Schmidt, Alan $68.44 smcs; See Clear Cleaning $6,000.00 smcs; Sesna,D $285.55 smcs; Sheldon,S $58.84 smcs; Sign Center $1,165.00 co; Snap-On Tools $1,390.00 smcs; Snow,T $320.00 smcs; Solid Waste Agency $53,248.64 smcs; Solid Waste Equipment $655.74 smcs; State of NE HHS Lab $113.00 smcs; State of NE/DAS Comm $19.21 smcs; Steffensmeier,J $442.50 smcs; Stolley Park Vet $52.45 co; Story,G $50.00 smcs; Stott,D $5.01 smcs; Summit Heating $111.39 smcs; Sun Life Financial $22,003.62 smcs; Sutphen Corp $39.00 smcs; Sydow,J $40.00 smcs; TBK Transmissions $1,623.50 smcs; Tee's Plus $486.85 smcs; Terri's Shrub Design $570.00 smcs; Thompson,D $63.93 smcs; Thompson,J $350.00 smcs; Thompson,L $60.00 smcs; Thomson Gale $450.77 smcs; Tye & Rademacher $11,877.16 smcs; Ulverscroft Large Print Books $124.88 smcs; Underground Construction $400.00 smcs; Velasquez,J $542.00 smcs; Village Uniform $450.41 smcs; Walters Electric $5,471.00 co; Warrington,D $305.05 smcs; Weatherly,J $33.41 smcs; Wessels,W $122.44 smcs; West Group $1,104.81 smcs; Wiegand Security $75.00 smcs; Wilkins Hinrichs Stober $2,538.21 co; Williams,M $51.49 smcs; Wrecker Boyz Towing $300.00 smcs; Yanda's Music $214.46 smcs; Young,M $1,188.20 smcs; Zimmerman Printers $1,390.00 smcs; Payroll Ending 10-27-2007 -- $283,915.50. 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.

 

5.         Approve the request submitted by the Downtown Improvement Board as follows: (1) place Santa’s house in front of Nelson’s Furniture, 2109 Central Avenue from November 19, 2007 until December 31, 2007; (2) hang garland and lights on Central Avenue light poles from November 19 through December 31, 2007; (3) Agreement to block off three parking stalls in front of Annie Kay and Company, 2201 Central Avenue for Santa’s reindeer and sleigh on November 29, 2007 from 8:00 a.m. until 9:00 p.m.; (4) Agreement to block off three parking stalls in front of Time for Baby, 2123 Central Avenue to sell popcorn on November 29, 2007 from 8:00 a.m. until 9:00 p.m. and (5) Agreement to block off six parking stalls in front of the Kearney Hub, 13 East 22nd Street on November 29, 2007 from 8:00 a.m. until 9:00 p.m. for hayrack rides through downtown Kearney.

 

6.         Approve the recommendation submitted by the Fire Chief to include the following as members of the Kearney Volunteer Fire Department:  Toby Badura, Eric Bayley, Chris Carlsen, Daniel Morse, Sean Puls, and J. Paul Younes and approve Resolution No. 2007-235.

 

RESOLUTION NO. 2007-235

 

            WHEREAS, Jerry Thompson, Chief of the Kearney Volunteer Fire Department, has forwarded several names of individuals desiring to serve as volunteers in the Kearney Volunteer Fire Department; and

            WHEREAS, based on the recommendation of Chief Thompson, the City Council of the City of Kearney, Nebraska hereby finds and determines that said persons listed are fully capable and qualified to serve a membership in the Kearney Volunteer Fire Department; and

            WHEREAS, in order to be qualified for benefits in accordance with Sections 48-115, et seq. of the Nebraska Revised Statutes, said volunteer firefighters acting outside the corporate limits of the City must be officially directed to do so in order to be eligible.

            NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kearney, Nebraska, that those persons recommended by the Chief of the Kearney Volunteer Fire Department for membership in the Kearney Volunteer Fire Department as set forth on the attached letter of recommendation, marked Exhibit “A,” attached hereto and made a part hereof by reference, are hereby confirmed as members of the Kearney Volunteer Fire Department for the purposes of and in accordance with Section 48-115 of the Nebraska Revised Statutes, and that said members are fully entitled to benefits under the Workers’ Compensation Act.

            BE IT FURTHER RESOLVED that all of said volunteer firefighters named on Exhibit “A” are hereby specifically authorized and directed to serve outside the corporate limits of the municipality under the direction, orders and authority of the Chief of the Kearney Volunteer Fire Department in accordance with Section 4-204 of the Kearney City Code.

            PASSED AND APPROVED THIS 13TH DAY OF NOVEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

7.         Approve the application for a Special Designated License submitted by NIGHT LIFE CONCEPTS, INC., dba “Cunningham’s Journal” in connection with their Class CK-59311 catering liquor license to dispense beer, wine and distilled spirits in the Ag Pavilion and the Exposition Center at the Buffalo County Fairgrounds located at the 3807 Avenue N on December 14 and 15, 2007 from 8:00 a.m. until 1:00 a.m. each day for the Nebraska PBR Bull Riding event.

 

8.         Approve the Fire Training Center Lease with the Kearney Volunteer Fire Department and approve Resolution No. 2007-236.

 

RESOLUTION NO. 2007-236

 

BE IT RESOLVED by the Council of the City of Kearney, Nebraska, that the Vice-President be and is hereby authorized and directed to execute the Fire Training Center Lease, on behalf of the City of Kearney, with the Kearney Volunteer Fire Department, a copy of the Lease, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 13TH DAY OF NOVEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

9.         Approve the Agreement for Closure of Access and Reconstruction of Parking Area granted to the City of Kearney by owners of Units A through G of the Northridge Condominium in connection with the 2007 Part II Improvements – 39th Street from 2nd Avenue to Pony Express Road (Paving Improvement District No. 2006-908) and approve Resolution No. 2007-237.

 

RESOLUTION NO. 2007-237

 

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

            PASSED AND APPROVED THIS 13TH DAY OF NOVEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7392 – REPEAL ORDINANCE NO. 7373 AND ADOPT SALARY ORDINANCE

 

Council Member Buschkoetter introduced Ordinance No. 7392, being Subsection 1 of Agenda Item V to repeal Ordinance No. 7373 and classify the officers and employees of the City; fix the ranges of compensation of such officers and employees; establish the hours and work period for overtime eligibility; provide for payments of clothing and/or uniform allowances; provide for payment of vehicle allowance; and provide for payment of cell phone allowance, and moved that Ordinance No. 7392 be placed on first reading.  Council Member Kearney seconded the motion to place Ordinance No. 7392 on first reading. Vice-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: Buschkoetter, Kearney, Lammers. Nay: None. Clouse and Lear absent. Motion to place Ordinance No. 7392 on first reading was declared passed and adopted. City Clerk read Ordinance No. 7392 by title.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7393 – REZONE SEVERAL PROPERTIES IN PIONEER PARK NEIGHBORHOOD (PERTAINS TO PUBLIC HEARING 1)

 

Moved by Kearney seconded by Lammers to table until November 27, 2007 Ordinance No. 7393 to rezone from “District R-3, Urban Residential Multi-Family District (Medium Density) District” to “District R-1, Urban Residential Single Family District” property described as follows: the south half of Lot 2, all of Lot 3,  part of Lots 4 and 5, all in Block 1, West Addition; part of Lots 1, 2, 3, 4, 5, and all of Lot 6, all in Block 2, West Addition; Lots 1, 2, 9, 11, 12, the east 55 feet of Lots 7 and 8, all in Block 3, West Addition; Lots 1, 2, 3, 4, 12, part of Lots 8 and 9, all in Block 4, West Addition; the south 42 feet of Lot 3, all of Lots 4, 10, 11, 12, the north 10 feet of Lot 5, the west 80 feet of Lots 7, 8, 9, all in Block 5, West Addition; Lots 3, 4, 5, 6, the east 60 feet of Lots 7, 8, 9, all in Block 6, West Addition; the west 45 feet of Lot 1, 2, 3, all of Lots 4, 5, 6, 7, 8, 9, 10, all in Block 7, West Addition; the east 35 feet of the west 90 feet of Lot 11, the east 35 feet of the west 90 feet of Lot 12, the east 50 feet of Lots 11 and 12, all in Block 10, West Addition; Lots 1 and 2, Hecht’s Subdivision; all of Lots 1, 2, 3, the west half of Lot 4, the west half of the south half of Lot 5, the west 80 feet of Lot 6, the west 80 feet of the north half of Lot 5, all in Block 1, Ashland Addition; part of Lots 1, 2, 3, together with the vacated east half of the alley abutting said lots on the west, the east 93 1/3 feet of Lot 3, the east 93 1/3 feet of the south 30 feet of Lot 2, the west 70 feet of Lot 6, the west 70 feet of the north 20 feet of Lot 5, the east half of Lot 6, the east half of the north 10 feet of Lot 5, all in Block 2, Ashland Addition; the west half of Lots 1 and 2, the west half of Lot 12, the west half of the north 39 feet of Lot 11, the east half of the south 34 feet of Lot 5, the east half of Lot 6, all in Block 8, Ashland Addition; the south 86 feet of Lots 13 and 14, the west half of the south 86 feet of Lot 15, the north 44 feet of Lots 13 and 14, the north 44 feet of the west half of Lot 15, all of Lots 18, 19, 20, 21, 22, 23, 24, all in Block 60, Perkins & Harford’s Addition; Lot 20 and the west half of Lot 21 of Block 61, Perkins & Harford’s Addition; the east 50 feet of Lot, all of Lots 9, 10, 11, 12, 13, 14 of Block 63, Perkins & Harford’s Addition, all in the City of Kearney, Buffalo County, Nebraska (322, 323, 324, 417, 517, 521, 603 West 21st Street; 322, 512, 515, 612, 626 West 22nd Street; 403, 411, 417, 514, 524, 621, 703, 711 West 23rd Street; 501, 511, 523, 609, 624, 714, 720, 801, 805, 819 West 24th Street; 2112 3rd Avenue; 2100, 2108, 2112, 2114, 2208, 2216, 2220 4th Avenue; 2102, 2110, 2211, 2218, 2221, 2222, 2300, 2305, 2308 5th Avenue; 2109, 2209, 2220, 2303, 2304, 2309, 2310, 2411 6th Avenue). Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse and Lear absent. Motion carried.

 

ORDINANCE NO. 7394 – VIAEROA WIRELESS CONDITIONAL USE PERMIT (PERTAINS TO PUBLIC HEARING 2)

 

Moved by Lammers seconded by Buschkoetter to table until November 27, 2007 Ordinance No. 7394 to grant a Conditional Use Permit to NE Colorado Cellular, Inc., dba Viaero Wireless (Applicant) and Firstier Capital Corporation, dba Kearney Event Center, Inc. (Owner) to construct a 150-foot tall self supporting telecommunications pole, a backup generator, a 1,000 gallon propane tank and space for two 9 foot by 15 foot by 8.5 foot tall concrete buildings (one current and one future) to house electronic equipment on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lot 2, Broadfoot Third Addition to the City of Kearney, Buffalo County, Nebraska (609 Platte Road). Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lammers. Nay: None. Clouse and Lear absent. Motion carried.

 

ORDINANCE NO. 7395 – REZONE NORTH OF THE INTERSECTION OF AVENUE K AND 56TH STREET WEST OF THE INTERSECTION OF AVENUE L AND EASTBROOKE DRIVE (PERTAINS TO PUBLIC HEARING 3)

 

Council Member Buschkoetter introduced Ordinance No. 7395, being Subsection 3 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 47.82 acres, more or less, Buffalo County, Nebraska and to “District C‑O, Office District” property described as a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 6.17 acres, more or less, Buffalo County, Nebraska (north of the intersection of Avenue K and 56th Street west of the intersection of Avenue L and Eastbrooke Drive), and moved that Ordinance No. 7395 be placed on first reading.  Council Member Kearney seconded the motion to place Ordinance No. 7395 on first reading. Vice-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: Buschkoetter, Lammers, Kearney. Nay: None. Clouse and Lear absent. Motion to place Ordinance No. 7395 on first reading was declared passed and adopted. City Clerk read Ordinance No. 7395 by title.

 

ORDINANCE NO. 7396 – REZONE NORTH OF 15TH STREET LYING BETWEEN CENTRAL AVENUE AND AVENUE A (PERTAINS TO PUBLIC HEARING 9)

 

Council Member Kearney introduced Ordinance No. 7396, being Subsection 4 of Agenda Item VI to rezone from “District M-1, Limited Industrial District” to “District CBD/PD, Kearney Center Mixed Use District/Planned Development Overlay District” for property described as Lot 1448, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska and from “District R-2, Urban Residential Mixed-Density District” to “District CBD/PD, Kearney Center Mixed Use District/Planned Development Overlay District” for property described as Lots 1449, 1450, 1451, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (north of 15th Street lying between Central Avenue and Avenue A), and moved that Ordinance No. 7396 be placed on first reading.  Council Member Lammers seconded the motion to place Ordinance No. 7396 on first reading. Vice-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: Buschkoetter, Kearney, Lammers. Nay: None. Clouse and Lear absent. Motion to place Ordinance No. 7396 on first reading was declared passed and adopted. City Clerk read Ordinance No. 7396 by title.

 

APPEAL OF SITE PLAN; 2005 AVENUE G

 

Vice-President Buschkoetter opened for discussion the appeal submitted by Jerry Mitchell on the review and evaluation of site development features by Administration as it pertains to landscaping requirements for property zoned “District M-1, Limited Industrial District” and described as Lots 566 and 567, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska (2005 Avenue G) and to consider approval of Resolution No. 2007-238.  Planning Commission recommended approval subject to (1) Two 2-inch caliper maple trees shall be placed in the front yard; (2) A 20-foot strip along the south property line will be allowed to be gravel with no trees; (3) The north 20-foot strip along the north property line will be allowed to be gravel with no trees; (4) The Applicant/Owner shall place the ten Dwarf Alberta Spruce trees, with brick border and decorative rock, on either side of the front gate; and (5) Letters be secured from the north and south property owners agreeing to this proposal.

 

The applicant is requesting a determination from the City Council regarding landscaping requirements for his M-1 property located by the Avenue H overpass. The applicant would like to construct a building on Lots 566 and 567, Original Town of Kearney Junction. The property in the surrounding area is zoned Light Industrial and most of the property is used for industrial land uses. However, there are houses located directly north and directly south of the applicant’s property. The landscape chapter of the City Code requires a 20-foot wide bufferyard with trees adjacent to any residential zoning or residential use. Therefore, staff has advised the applicant that a 20-foot buffer strip with five conifer trees is required along both the north and south property lines of the subject site. The applicant would like to put down gravel in the 20-foot wide strips and plant landscaping along the street.

 

Since the applicant owns two abutting 50-foot lots there is 100 feet of street frontage but the required bufferyards reduce the usable lot width by 40 feet to a usable area of only 60 feet.  The applicant has submitted two plans. The first plan labeled as “A” depicts the landscaping per City Code. The alternative “B” depicts how he would like to landscape the site. The following matrix compares the two options.

 

 

 

Option A per Code

 

 

Option B as requested

 

20-foot strip open space adjacent  to residence

Along north and south property lines

Along north and south property lines

Groundcover within buffer

Grass

Gravel

Trees within buffer

5 conifers in both north and south buffer (10 total)

None

Street trees

2 required

2 provided

Shrubs

None required

10 Dwarf Alberta Spruce

 

The applicant is proposing a tradeoff by substituting ten Dwarf Alberta Spruce along the front gate for ten conifer trees required in the bufferyards. The Dwarf Alberta Spruce requested by the applicant is not required by Code but are acceptable if the applicant would like to plant them as shown. He is also proposing to put gravel down in the buffer yards as opposed to grass. This would allow him to use the entire area for his needs.  Two street trees are required by Code and the applicant is showing them on the plans as maple trees. These trees must meet minimum size requirement of 2-inch caliper (diameter of the trunk as measure 12 inches above the root ball).

 

The house to the north is not inhabited and is in poor condition. The City has posted the house for demolition with the hope that the house would be removed from the site and the 20-foot bufferyard will no longer be required along the north property line. The owner of the house has met with the City and agreed to take down the outbuildings, but would like to renovate the house and use it for rental property. The home to the south is inhabited and the occupants keep it reasonably maintained. Therefore, staff’s recommendation to the Planning Commission was to require the bufferyard of 20 feet of grass and five conifer trees be upheld along both the north and the south property line. After discussion, the Commission believed that the area is industrial in nature and that the bufferyards are not necessary as long as the owners of the rental houses to the north and south agree.

 

Deb Mitchell, presented this matter to the Council. She stated that they have obtained the letters that were requested from both of the property owners on the north and south side of their property. The letters have been submitted to the City Clerk. They are asking that the appeal for the landscaping be approved. They understand and agree with all the conditions set forth.

 

Moved by Lammers seconded by Buschkoetter to approve the appeal submitted by Jerry Mitchell on the review and evaluation of site development features by Administration as it pertains to landscaping requirements for property zoned “District M-1, Limited Industrial District” and described as Lots 566 and 567, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska (2005 Avenue G) and approve Resolution No. 2007-238 subject to compliance with the following conditions: (1) Two 2-inch caliper maple trees shall be placed in the front yard; (2) A 20-foot strip along the south property line will be allowed to be gravel with no trees; (3) The north 20-foot strip along the north property line will be allowed to be gravel with no trees; (4) The Applicant/Owner shall place the ten Dwarf Alberta Spruce trees, with brick border and decorative rock, on either side of the front gate; and (5) Letters from the north and south property owners agreeing to this proposal shall be attached hereto and made a part hereof. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse and Lear absent. Motion carried.

 

RESOLUTION NO. 2007-238

 

            WHEREAS, an appeal has been submitted by Jerry Mitchell (Applicant and Owner) on the review and evaluation of site development features by City Administration as it pertains to landscaping requirements for property zoned “District M-1, Limited Industrial District” and described as Lots 566 and 567, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska (2005 Avenue G); and

            WHEREAS, said appeal has been reviewed by the Planning Commission on October 19, 2007 which appeal included a compromise solution and the Planning Commission voted in favor of the compromise as it meets the spirit and intent of the landscaping requirements; and

            WHEREAS, the City Council reviewed this matter on November 13, 2007 and voted in favor of the compromise solution as presented by the applicant and staff.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and City Council of the City of Kearney, Nebraska, that the proposed landscaping plan submitted by Jerry Mitchell (Applicant and Owner) for property zoned “District M-1, Limited Industrial District” and described as Lots 566 and 567, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska (2005 Avenue G) be approved subject to compliance with the following conditions:

(1)           Two 2-inch caliper maple trees shall be placed in the front yard;

(2)           A 20-foot strip along the south property line will be allowed to be gravel with no trees;

(3)           The north 20-foot strip along the north property line will be allowed to be gravel with no trees;

(4)           The Applicant/Owner shall place the ten Dwarf Alberta Spruce trees, with brick border and decorative rock, on either side of the front gate;

(5)           Letters from the north and south property owners agreeing to this proposal shall be attached hereto and made a part hereof.

            PASSED AND APPROVED THE 13TH DAY OF NOVEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

ORDINANCE NO. 7397 – VACATE ALLEY SOUTH OF 14TH STREET, NORTH OF 13TH STREET, WEST OF 1ST AVENUE AND EAST OF 2ND AVENUE

 

Regular Agenda Items 6 and 7 were discussed together but voted on separately.

 

Vice-President Buschkoetter opened for discussion the application to vacate the 20-foot wide alley located west of Lots 1732 through 1737, inclusive, and east of Lots 1738 through 1743, inclusive, all in Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska (south of 14th Street, North of 13th Street, west of 1st Avenue and east of 2nd Avenue). Planning Commission recommended approval.

 

The applicant is requesting vacation of the 20-foot wide alley that is platted between 2nd Avenue and 1st Avenue from 13th Street to 14th Street. A 20-foot wide easement will be retained for existing utilities. According to state law, one half of the vacated alley reverts to the property owner(s) on one side and the other half of the alley reverts to the owner(s) on the other side. In this case, the same owner owns both sides of the alley and plans to redevelop the entire block with a commercial strip mall building and associated parking, landscaping, etc. The utility companies have signed off on a release form to vacate the alley but retain it as an easement. 

 

The applicant is also requesting a waiver in the landscape requirements for this site due to the oversize right-of-ways along three of the abutting streets. The applicant is requesting relief from the landscape provisions of the City Code that require a 10-foot wide landscape strip adjacent to any street frontage. The existing right-of-ways for 1st Avenue, 13th Street and 14th Street are extra wide which will result in adequate landscape area even though it will be part of the public right-of-way. If the 10-foot strip were required, the total depth of landscape area from the curb to the parking lot would be as much as 32 feet. The amount of parking spaces that could be realized would be significantly diminished if the additional ten feet of landscaping is enforced. The street trees are still required; however, they may be planted in the right-of-way along these streets.

 

Staff cannot approve deviations from Code requirements and suggested that the applicant request the deviation from Planning Commission and City Council.  A letter from the applicant requesting the deviation is attached.

 

Mitch Humphrey from Buffalo Survey presented this matter to the Council on the vacation of the 20-foot wide alley. Their intent is to take an entire block and build an office and strip mall type complex.  As part of that they want to vacate the alley and retain the 20 foot strip as a utility easement which is a standard practice. They have the application forms submitted to the utility companies with each signing off to recommend approval for this portion of the project. 

 

Paul Brungardt from Brungardt Engineering presented the waiver request on the landscape. The waiver is for the 10-foot landscape buffer that is across the three sides of the proposed site.  Both streets, 14th Street and 13th Street have large excessive right-of-ways.  As Mr. Humphrey stated, by having this 10-foot green space buffer would provide for about 32 feet of green space from the curb edge in.  He recommended retaining the 10-foot buffer of the project along 2nd Avenue.  Primarily the strip mall building will be located on basically the east half of the site.  Parking will be opened up to 2nd Avenue. They will maintain all landscape features which are shown on the submitted landscape plan. They will maintain the landscape on all three street sides.  This would still provide for 22 feet of buffer.

 

Council Member Buschkoetter introduced Ordinance No. 7397, being Subsection 6 of Agenda Item VI to vacate the 20-foot wide alley located west of Lots 1732 through 1737, inclusive, and east of Lots 1738 through 1743, inclusive, all in Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska (south of 14th Street, North of 13th Street, west of 1st Avenue and east of 2nd Avenue), and moved that Ordinance No. 7397 be placed on first reading.  Council Member Kearney seconded the motion to place Ordinance No. 7397 on first reading. Vice-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: Buschkoetter, Kearney, Lammers. Nay: None. Clouse and Lear absent. Motion to place Ordinance No. 7397 on first reading was declared passed and adopted. City Clerk read Ordinance No. 7397 by title.

 

APPEAL OF SITE PLAN; SOUTH OF 14TH STREET, NORTH OF 13TH STREET, WEST OF 1ST AVENUE AND EAST OF 2ND AVENUE

 

Vice-President Buschkoetter opened for discussion the appeal submitted by Paul Brungardt from Brungardt Engineering (Applicant) for NP Land Development, Inc. (Owner) on the review and evaluation of site development features by Administration as it pertains to landscaping requirements for property zoned “C-3, General Commercial District” and described as Lots 1732 through 1743, inclusive, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (south of 14th Street, north of 13th Street, west of 1st Avenue and east of 2nd Avenue) and to consider approval of Resolution No. 2007-239. The Planning Commission was agreeable to both of the requested deviations.

 

Discussion was held in Regular Agenda Item 6 above.

 

Moved by Kearney seconded by Lammers to approve the appeal submitted by Paul Brungardt from Brungardt Engineering (Applicant) for NP Land Development, Inc. (Owner) on the review and evaluation of site development features by Administration as it pertains to landscaping requirements for property zoned “C-3, General Commercial District” and described as Lots 1732 through 1743, inclusive, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (south of 14th Street, north of 13th Street, west of 1st Avenue and east of 2nd Avenue) and approve Resolution No. 2007-239. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse and Lear absent. Motion carried.

 

RESOLUTION NO. 2007-239

 

            WHEREAS, an appeal has been submitted by Paul Brungardt from Brungardt Engineering (Applicant) for NP Land Development, Inc. (Owner) on the review and evaluation of site development features by City Administration as it pertains to landscaping requirements for property zoned  “C-3, General Commercial District” and described as Lots 1732 through 1743, inclusive, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (south of 14th Street, north of 13th Street, west of 1st Avenue and east of 2nd Avenue); and

            WHEREAS, said appeal has been reviewed by the Planning Commission on October 19, 2007 which appeal included a compromise solution and the Planning Commission voted in favor of the compromise as it meets the spirit and intent of the landscaping requirements; and

            WHEREAS, the City Council reviewed this matter on November 13, 2007 and voted in favor of the compromise solution as presented by the applicant and staff.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and City Council of the City of Kearney, Nebraska, that the proposed landscaping plan submitted by Paul Brungardt from Brungardt Engineering (Applicant) for NP Land Development, Inc. (Owner) for property zoned  “C-3, General Commercial District” and described as Lots 1732 through 1743, inclusive, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (south of 14th Street, north of 13th Street, west of 1st Avenue and east of 2nd Avenue) be approved as presented. A copy of the Landscaping Plan, marked as Exhibit “A” is attached hereto and made a part hereof be reference.

            PASSED AND APPROVED THE 13TH DAY OF NOVEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

HOLIDAY INN/CAPTAIN’S TABLE DELETION OF PREMISES

 

Vice-President Buschkoetter opened for discussion the Application for Deletion to Premise submitted by KEARNEY INVESTMENT CORP., dba “Holiday Inn/Captain’s Table” in connection with their Class CK-17964 liquor license located at 110 South 2nd Avenue. The description of licensed area only includes: Loper Hall, Conference Room, Ballrooms, Prefunction Area, Staterooms, Hotel Registration, Offices, Kitchen/Service Area, Restrooms next to Lobby and the internal hallways between these area.

 

An application for a deletion to an existing license has been received by the Liquor Commission by KEARNEY INVESTMENT CORP., dba “Holiday Inn/Captain’s Table” located at 110 South 2nd Avenue. Recently, the Holiday Inn closed their restaurant to allow it to be converted to the Venue Restaurant & Lounge operated by Gregg Vanier.  With the modification of the building, it is necessary to reflect what areas of the building will be licensed by KEARNEY INVESTMENT CORP., dba “Holiday Inn/Captain’s Table”.  Therefore, the new description for the licensed area will be the Loper Hall, Conference Rooms, Ballrooms, Staterooms, Prefunction area, Hotel Registration, Offices, Kitchen/Service area, and Restrooms next to the Lobby.

 

Moved by Lammers seconded by Buschkoetter to approve the Application for Deletion to Premise submitted by KEARNEY INVESTMENT CORP., dba “Holiday Inn/Captain’s Table” in connection with their Class CK-17964 liquor license located at 110 South 2nd Avenue. The description of licensed area only includes: Loper Hall, Conference Room, Ballrooms, Prefunction Area, Staterooms, Hotel Registration, Offices, Kitchen/Service Area, Restrooms next to Lobby and the internal hallways between these area. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lammers. Nay: None. Clouse and Lear absent. Motion carried.

 

SETTLEMENT AGREEMENT WITH NORTHWESTERN ENERGY

 

Vice-President Buschkoetter opened for discussion the Settlement Agreement with NorthWestern Energy and to authorize the City Attorney to take necessary action to effectuate the implementation of the Settlement Agreement with NorthWestern and to seek the necessary approvals from the Nebraska Public Service Commission and to consider approval of Resolution No. 2007-240.

 

NorthWestern Energy is a natural gas provider within the City of Kearney and has filed a request with the Nebraska Public Service Commission to adjust the rates that it charges to customers. The last time NorthWestern sought an increase in its rates was in 1999. Pursuant to Section 66-1838 of the Nebraska Revised Statutes, a natural gas provider can choose to either negotiate directly with cities in which it serves or it can seek approval of the Nebraska Public Service Commission by negotiating with the State Public Advocate. NorthWestern Energy requested that the Kearney City Council consider a resolution providing for direct negotiations and made similar requests of the City of Grand Island, the Village of Alda, and the City of North Platte. On July 10, 2007, the City Council passed a resolution authorizing direct negotiations with NorthWestern.  The City of North Platte and the Village of Alda also passed resolutions authorizing direct negotiations. As these cities included at least 50% of the rate payers in NorthWestern’s territory, the parties proceeded with direct negotiations. An interlocal agreement was prepared so that the cities of Kearney, North Platte, Grand Island, and the village of Alda could work cooperatively and hire a consultant to assist in the negotiation process. This interlocal agreement was authorized by the Council at its meeting of August 28, 2007.

 

The cities by and through each city’s legal counsel hired a consultant, Mr. Lane Kollen of J. Kennedy Associates to assist in the negotiation of a rate increase with NorthWestern Energy. As was indicated in an earlier Council Memo, the services of the expert will be reimbursed to the City of Kearney pursuant to the Loan Fund as established by the Nebraska Public Service Commission. Application has been made for reimbursement of these costs with the Public Service Commission. 

 

After exchanging a substantial amount of information with NorthWestern Energy and after direct negotiations between the parties, the parties have been able to put together a tentative settlement agreement with reference to the rate recovery structure to be used by NorthWestern Energy in the future. This settlement agreement would need to be authorized by the governing bodies of each of the municipalities and is then subject to review by the Nebraska Public Service Commission. The Village Board of Alda and the North Platte City Council have approved the proposed settlement agreement and the City of Grand Island will be considering the settlement agreement on November 13, 2007 as well. NorthWestern’s initial natural gas rate adjustment application sought an additional $2,813,794.00 in rate recovery. Through negotiations with NorthWestern, the attorneys for the cities involved have been able to reduce that request to a rate recovery of $1,700,000.00. At this time, the request would be that the Council pass a resolution authorizing entry into the Settlement Agreement by the Mayor and authorizing and directing the City Attorney to take necessary action to effectuate the implementation of the settlement agreement with NorthWestern and to seek the necessary approvals from the Nebraska Public Service Commission.  The rate change would become effective in December of this year.

 

Moved by Buschkoetter seconded by Kearney to approve the Settlement Agreement with NorthWestern Energy and to authorize the City Attorney to take necessary action to effectuate the implementation of the Settlement Agreement with NorthWestern and to seek the necessary approvals from the Nebraska Public Service Commission and approve Resolution No. 2007-240. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse and Lear absent. Motion carried.

 

RESOLUTION NO. 2007-240

 

            WHEREAS, on June 1, 2007, NorthWestern Corporation, doing business as NorthWestern Energy (“NorthWestern”), filed an Application for a Natural Gas Rate Adjustment (“Application”) with the Nebraska Public Service Commission (“PSC”) seeking an additional $2,813,794.00 in rate recovery; and

            WHEREAS, Section 66-1838 of the Nebraska Revised Statutes authorized jurisdictional utilities such as NorthWestern to negotiate directly with affected municipalities such as the City with respect to a proposed general rate change provided, among other things, municipalities representing more than fifty percent (50%) of the rate payers within the affected municipalities adopt resolutions evidencing their intent to negotiate with the jurisdictional utility; and

            WHEREAS, on July 10, 2007, the City adopted a resolution to negotiate directly with NorthWestern as permitted by Section 66-1838 of the Nebraska Revised Statutes; and

            WHEREAS, affected municipalities representing more than fifty (50%) of NorthWestern’s ratepayers in Nebraska entered resolutions evidencing their intent to negotiate with NorthWestern; and

            WHEREAS, pursuant to Section 66-1838 of the Nebraska Revised Statutes, NorthWestern and affected municipalities entered into good faith negotiations regarding NorthWestern’s Application; and

            WHEREAS, pursuant to Section 66-1838(13) of the Nebraska Revised Statutes, if the affected municipalities and NorthWestern reach agreement upon new natural gas rates, such agreement must be reduced to writing and filed with the PSC; and

            WHEREAS, NorthWestern and the affected municipalities have reached agreement upon new natural gas rates for NorthWestern in Nebraska that provides NorthWestern with an additional $1,700,000.00 in rate recovery, subject to the resolution of three minor outstanding issues including, but not limited to, determination of the appropriate depreciation schedules; and

            WHEREAS, the settlement between NorthWestern and the affected municipalities is in the public interest.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska,

            1.   The Mayor is hereby authorized to, on behalf of the City, execute the required settlement agreement for new natural gas rates for NorthWestern in accordance with the terms and conditions generally described above and as agreed upon by NorthWestern and the affected municipalities; and

            2.   The City Attorney is hereby authorized and directed to take such appropriate action as necessary to effectuate the settlement with NorthWestern and work cooperatively with NorthWestern and the affected municipalities to obtain the necessary approvals from the PSC.

            PASSED AND APPROVED THIS 13TH DAY OF NOVEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

RESCHEDULE COUNCIL MEETING TO DECEMBER 26, 2007

 

Vice-President Buschkoetter opened for discussion holding the regular Council meeting scheduled for December 25, 2007 to December 26, 2007 and to consider approval of Resolution No. 2007-241.

 

City Clerk stated Section 19-615 of the Nebraska Revised Statutes states “the council shall meet at such time and place as it may prescribe by ordinance, but not less frequently than twice each month in cities of the first class.”  According to Section 1-210 of the Kearney City Code, the regular meetings of the Council shall be held on the second and fourth Tuesday of each month.  If the same falls upon a legal holiday, the meeting shall be held on the preceding or following day, as the Council determines appropriate.  The last time we had to change the date of a regular Council meeting with in 2001.

 

The second meeting in December falls on December 25th, Christmas Day.  When the Council was polled – it was the consensus that the meeting would be conducted on Wednesday, December 26th.  Attached is the resolution setting forth that the meeting regularly scheduled for Tuesday, December 25th shall take place on Wednesday, December 26th at 7:00 p.m. in the Council Chambers.

 

Moved by Kearney seconded by Lammers to approve holding the regular Council meeting scheduled for December 25, 2007 to December 26, 2007 and approve Resolution No. 2007-241. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lammers. Nay: None. Clouse and Lear absent. Motion carried.

 

RESOLUTION NO. 2007-241

 

            WHEREAS, Section 19-615 of the Nebraska Revised Statutes mandates that the council in cities of the first class shall meet at such time and place as it may prescribe by ordinance, but not less frequently than twice each month; and

            WHEREAS, according to Section 1-210 of the Kearney City Code, the regular meetings of the Council shall be held on the second and fourth Tuesday of each month; and

            WHEREAS, the second regularly scheduled meeting in December falls on December 25, 2007, Christmas Day; and

            WHEREAS, Section 1-210 of the Kearney City Code also provides if the meeting falls upon a legal holiday, the meeting shall be held on the preceding or following day, as the Council determines appropriate.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the regularly meeting scheduled for Tuesday, December 25, 2007, shall be held on Wednesday, December 26, 2007 at 7:00 p.m. in the Council Chambers at City Hall.

            PASSED AND APPROVED THIS 13TH DAY OF NOVEMBER, 2007.

 

ATTEST:                                                                       RANDY BUSCHKOETTER

MICHAELLE E. TREMBLY                                             VICE-PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

OPEN ACCOUNT CLAIMS: PLATTE VALLEY STATE BANK - $128,119.52, NPPD - $308.37

 

Moved by Lammers seconded by Buschkoetter that Open Account Claims in the amount of $128,119.52 payable to Platte Valley State Bank, and in the amount of $308.37 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse and Lear absent. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Kearney seconded by Lammers that Council adjourn at 8:10 p.m. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lammers. Nay: None. Clouse and Lear absent. Motion carried.

 

 

                                                                                    RANDY BUSCHKOETTER

                                                                                    VICE-PRESIDENT OF THE COUNCIL

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK