Kearney, Nebraska

January 22, 2008

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 January 22, 2008 in the Council Chambers at City Hall.  Present were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Bruce Lear, and Bob Lammers. Absent: None.  Michael Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Susan King, Devin King, Aaron Bishop, Suzan Wilson, Richard Wilson, Donna Wilson, Cindy McNeil, Dick Pierce, John Icenogle, Graten Beavers, Neil Miller, Sherry Morrow, Dan Javins, Nitch Humphrey, Bill McMullen, Kent Greder, Tony Paulsen, Gary Henderson, Mary Henderson, Chris Miller, Jon Krebs, Ryan Page, Scott Stober, Luke Olson, Rich Olson, Tim Loewenstein, Bruce Grupe, Gene Rains, Robert West, Joe Krepel, Sara Giboney from Kearney Hub, Betsy Friedrich from Kearney Hub, Steve Altmaier from KGFW Radio, Jake Wasikowski from NTV.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Reverend Eric Lesher from the First Lutheran Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

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

 

ANNOUNCEMENT

 

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

 

RECOGNITION – NATIONAL GUARD PRESENTATION

 

Mayor Clouse and Council Members recognized Gene Rains and Robert West from the National Guard who presented a statue to the City.  Mr. West stated that on behalf of the Nebraska National Guard, particularly the HHD 734 Transportation Battalion, he thanked the City for the support that was given the unit before, during their deployment and after their return.  Many people enjoyed the celebration that we had as seen across the nation. He presented the Minuteman on which is inscribed, “In appreciation for your dedication and support to the men and women, the Army National Guard who served to defend the freedom”. 

 

Mayor Clouse stated that it goes without saying that citizens owe them a debt of much more gratitude than they could ever owe them. 

 

PRESENTATION – PROPOSED BOND ISSUE FOR JAIL FACILITIES

 

Buffalo County Board Chairman Dick Pierce made a presentation to the City Council concerning the proposed bond issue for a new jail facility. They are going out to educate all the town boards, city councils in the County during January about the new Justice Center.  Bill McMullen, Jake Greder, Sheriff Neal Miller, Chief Deputy Tony Paulsen, Judge John Icenogle, Judge Graten Beavers and County Attorney Shawn Eatherton all were all in attendance at this meeting.  Tony Paulson presented a slideshow about the plan including some statistics.

 

Deputy Sheriff Tony Paulsen made the following presentation:

• The Buffalo County Detention Center was built in 1958 and had a capacity of 28.
• The jail was partially renovated in 1979 raising the capacity to 76 beds. Jail standards started in Nebraska in 1983.
• The inmate population often exceeds design capacity. The building does not meet Nebraska Jail or American Correctional Association minimum standards.
• The justice center plan began with discussions in 2003 between the County Board of Supervisors, Buffalo County Attorney’s Office, Buffalo County Sheriff’s Office and the Courts which included the beginning of a master building plan due to jail overcrowding.
• In 2005, Buffalo County went through a comprehensive needs assessment with the assistance of consultants from the National Institute of Corrections.
• The Detention Center is administrated and managed by the Buffalo County Sheriff’s Office.
• The Detention Center employs twenty full-time Corrections Officers, a full-time Registered Nurse and is supervised by a sworn jail Lieutenant.
• The jail is antiquated and remodeling it to meet needs and standards would be cost prohibitive. The layout makes it difficult to staff and operate safely, efficiently and effectively.
• There is insufficient space for all functions.  It is difficult to recruit and maintain staff.

 

 

Average Daily Population

 

 

 

Number of Annual Bookings

 

 

 

• Buffalo County average cost to house one inmate for one day is $28.80. They anticipate costs to be similar in a new facility.
• The cost to house one inmate in another facility varies from $45.00 plus medical to $77 plus medical per day. These costs do not include transportation and other associated costs.
• Cost of the Justice Center:

o        Estimated budget for Justice Center project is $24.5 million.

o        The jail portion is approximately $17.6 million and the new courts and judicial center $6.9 million.

o        The anticipated mill levy is 6 mills or annual expense based on $100,000 assessed valuation is $60/year or $5.00 per month.

• There are many court security issues. The same corridor is used by jail staff escorting inmates to court and also used by victims, witnesses and defendant family members.
• When the hallways fill up, the overflow is outside, restricting the public from entering the courthouse.
• There are a number of security concerns inside the courtrooms. There are many access doors to the courtrooms, emergency plans and responses are difficult to implement.
• The improvements are needed for the safety and security of the public and County employees.
• There is insufficient space for all functions.

 

Judge John Icenogle stated he believed everyone is aware of what has happened in this City in the last 35 or 40 years.  He came here in 1974.  At that time the District Judge had a case load of about 350 cases.  Presently, that case load is about 1,100.  The County Court has had the same experience and their case load has about tripled as well.  They now have 4½ judges essentially serving Buffalo County as opposed to two because of the larger case loads. Basically, they are still working with the same facility that they started with 35-40 years ago.  Today, things have changed. 

 

The City Council Chambers is the second largest room for public hearings, other than the District Courtroom in the County. They have three other courtrooms that are smaller than the Council Chambers where they are trying to accommodate the public.  He has been in the facilities at Gibbon, Riverdale, Amherst and Kearney and none of them have missing or brown, water stained and molded tiles with water dripping down.  There is not water dripping down the side walls like all the curves in the court complex.  It is an old building and has its problems.  The courthouse was not built for the modern age.  As they come into that modern age, the courtrooms need to be redesigned to accommodate the electronic explosion. 

 

He also spoke on behalf of the County Attorney and the County Court. The County Attorney’s office is in about four different locations in the Courthouse. The locations that they have are compressed and have been made to work. Some of these offices have been created out of storage units and closets. This is where staff is working and trying to administer justice to the community. The County Court support staff has grown with the number of judges. It is unfair to staff to work on top of each other constantly day in and day out. 

 

Security is a problem.  In their current situation, the jurors mix in with litigates for every trial. Jurors come in and they are in hallways and the courtroom. People also come in who are friends of the family of the victim and friends of the family of the defendant and they all intermingle and talk. This creates a problem. If they are trying a first degree murder case which will cost the County about $250,000 and there is an interchange between a juror and a victim’s family member or the defendant’s family member, they will have to declare a mistrial and will have to do it again.  They have three entrances into the judicial wing right now.  None of them are secure and anybody could bring a gun into the courthouse. After the Von Maur experience, it seems like a problem to them today. There is no security for the people who work in the offices or the public who comes there or the potential jurors.  This particular program eliminated a whole lot of those problems because there will be one entryway that will be secured and will allow no weapons to come into our Courthouse or, at least, their judicial wing.

 

He talked about the expansion of the jail. This particular program was put together by the Sheriff’s office and the law enforcement personnel. They went out and got the ideas and brought them back to architects that drew this unit. The size will increase the size of their jail staff for security from 20 to 26 people and will be going to 201 beds.  Hall County just finished a new jail that will house about 260-270 prisoners.  They built a linear design jail and will be employing over 90 people to guard those 260 people.  The thought process that went into their design is extraordinary and will produce extraordinary results for the community. 

 

He again addressed the security issue. They had the Federal Marshall’s staff out to look at their security issues. They looked at the three doors and the traditions of our public and they stated that unless they would close two of those doors or hire six people to man those doors, their security problem is hopeless.  That means that running a facility like the County and anticipating someone coming in with a violent attitude or behavior and not taking the necessary precautions to protect those innocent people coming into the Courthouse, they are probably going to be liable for every person who is injured or dies.  That cannot be allowed to continue in this day and age. 

 

The drug program for the State of Nebraska is called “Community Corrections”.  That is where they take the people from the community who have problems and deal with them in this community without involving the State Penitentiary and possibly have an appropriate programming for those people. Drug courts and other types of problem solving courts are working and that is where their programs are going. They have to have sanctions available for people that are not following their programs. That sanction is the County jail. There will be more people doing more time in the County jail than in the State penitentiary through the community corrections program. That might sound counter productive, like they are now supporting the State’s problem. They are not because those people who are in community correction programs do a whole lot of things they have never done before in their lives. These people will work, pay taxes, pay child support and will become productive members of the community.  That is a good positive goal for the community.  

 

Mr. Pierce stated in the month of February, they are going to be organizing town hall meetings. Kearney’s town hall meeting is set for February 6th and there will be town hall meetings in the rest of the villages and communities throughout the County which will be published in the newspaper and on their website. March 11th is the date for the Countywide Referendum; it will be a single issue so that it will not be confused with the Presidential, County Board and City Council candidates and school board elections.  They wanted the focus to be on the Courthouse and the Justice Center. 

 

PRESENTATION – DEVELOPMENT COUNCIL 2007 ANNUAL REPORT

 

Tim Loewenstein stated for the past year he has been the interim chairman of the Buffalo County Economic Development Council Board of Directors. Buffalo County Economic Development Council began in 1986 as a partnership. The partnership included the City of Kearney, Buffalo County and the Chamber of Commerce which still exists today.  Change for the Development Council is exciting because it is change built upon the partnerships that have been in place from its very beginning. The current Board of Directors of the Development Council has instituted changes that will expand the expertise, bring more vision and enthusiasm to the work they do. They will expand their board of seven members to a total of 15. Of those, ten will be chosen throughout the County to serve. In addition their board is made up of seven ex-officio members, the City Manager, the Mayor of Ravenna, Gibbon City Administrator, Northwestern Energy Area Manager, Community Redevelopment Authority and the Chancellor of UNK. 

 

They began the process to find a new executive director for the Development Council approximately one year ago. They had over 50 applicants from a nationwide search. Jon Krebs rose to the top of those applicants and they believe will lead the Development Council and this community into a successful future.

 

Jon Krebs, president of The Development Council made the following presentation:

• There are two types of dollars – Primary and Secondary
• How the dollars transform – Primary into Secondary
• What happens to the dollars – dollars leak away.
• Economic Development should – bring in more new dollars and work to plug the leaks.
• Sources of new dollars:

o        Natural – crop land and cattle industry.

o        Transit – proximity to Interstate 80, the University of Nebraska at Kearney, Good Samaritan Health Systems.

o        Value added – manufacturing plants, such as Eaton, Baldwin Filters, Coleman Powermate, Chief Industries.

• Why are these companies here – because there is a fit.
• Sustainability – maintain a profitable environment, maintain the fit.
• Economic strength comes from all three sources – natural, transit, and value added.
• Economic Development is a process by which a community creates, retains and reinvests wealth and improves the quality of life.
• Economic Development is change – a process to help insure change is a positive rather than a negative force.
• Undirected, change can sometimes get out of control.
• The requirements for Success:

o        Leadership

o        A “vision” of the community’s future

o        An action plan

o        Agreement on what constitutes “success”

o        Understanding the community and what drives the economy

o        Choosing the right strategies

o        Stable funding

• Economic Development strategies:

o        Business retention and expansion

o        Entrepreneur development

o        Business attraction

o        Encouraging additional consumer spending in town – shop at home

o        Tourism/visitor attraction

o        Retiree development/attraction

o        Retail/commercial development

o        Agri-business development

o        Bedroom community development

• How are they going to make a difference – by strategic plan and goals and by achieving these goals.
• The values:

o        Happy and profitable existing business

o        Quality education

o        Quality health care

o        Agricultural roots

o        Travelers and tourism

o        A good work ethic

o        Technology

o        A development work force

• Their Vision Statement – to create economic wealth for Buffalo County that offers sustainable, diverse and an economically viable quality of life.
• Their Mission Statement – to facilitate economic growth and development of primary business in Buffalo County and the region that contributes to a healthy economy and protects our quality of life.
• The Economic Development accountabilities are to the citizens of Kearney and Buffalo County, Buffalo County government, Kearney City government, the primary employers and investors.
• The Board’s priorities:

o        Resolve Funding Shortfall

o        Enhance Our Labor Force

o        Identify Growth Industries

o        Find Shovel Ready Sites

o        Be Ready for Opportunities

o        Target Marketing is Important

o        Supply Chain Opportunities

o        Communications

• Goal #1 – add 750 net new primary jobs and $50 million in new capital investment with the next five years (2012).

o        Industry retention

o        Solving problems

o        Enhancing the labor force

 

• The following came from the November 9, 2007 Kiplinger Letter:

o        Within the next five to 10 years...

o        Labor shortages will become acute.

o        Blame an aging population, education weaknesses and a lack of visas for workers from abroad.

o        The tightest markets: Health workers, from doctors to techs to therapists. Mechanical, electrical and computer engineers. Physicists, chemists, accountants and pilots.  Database administrators and systems analysts.

o        Skilled manufacturing workers, such as welders and machinists. Unskilled labor for farms, food plants, shipping depots, restaurants, etc.

• Goal #2 – increase the Development Council’s annual budget to $300,000 per year (by July 2008).
• The Impact of Their Success:

o        New Primary Jobs       750

o        Secondary Jobs       1,395

o        Total Jobs               2,145

 

o        Total Personal Income    $  74,251,500

o        Total Retail Sales           $  27,324,750

o        Total Value Added          $116,674,500

• Goal #3 – define the role and work of the Board of Directors by July 2008:

o        February 19 – board training seminar with surrounding Economic Development Councils.

• Goal #4 – develop the labor force’s ability to meet the needs of manufacturing and processing in the future (to the primary employers satisfaction by 2012).

o        Objectives:

Ø       Foster Central Nebraska Manufacturers Consortium

Ø       Central College Tech Center in Kearney

Ø       Bring Dream it-Do It to Kearney

Ø       Career Education Tours

Ø       Campaign to bring in new citizens

• Goal #5 – report the status of the economy and the work of the Development Council on a regular basis to its constituents (to the public’s satisfaction).

o        Objectives:

Ø       Kearney Trends continuation

Ø       Professional business image

Ø       Quarterly report to City and County leaders

Ø       The State of Our Economy

• On February 19, 2008 they will be communicating the State of Our Economy.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

FINAL PLAT – NEW WEST ADDITION

 

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

 

Moved by Kearney seconded by Lammers to remove from the table Public Hearings 1 and 2 pertaining to the development of the southeast corner of 30th Avenue and 35th Street. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Ryan Page for New West Properties, LLC (Owner) for the Final Plat for “New West Addition”, an addition to the City of Kearney, Buffalo County, Nebraska for property described as part of Lot 2, (to be vacated) Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street) and to consider approval of Resolution No. 2007-248.

 

The applicant is requesting approval of the Final Plat for New West Addition and Development Plans for a medical office facility to be located on the property. They applicant is requesting approval to vacate part of Lot 2, Marianne Hunt Addition so that the land can be replatted as a new subdivision to be known as New West Addition. They are seeking approval of the Final Plat for New West Addition and Development Plans for a medical office facility to be located on the property. 

 

The Preliminary and Final Plat of New West Addition consists of two lots. The Preliminary Plat was approved by Planning Commission on November 16, 2007.  Lot 1 contains the proposed medical facility and consists of 154,598 square feet or 3.55 acres.  The balance of the property contained in Lot 2 consists of 254,301 square feet or 5.83 acres and will remain undeveloped at this time.  All municipal utilities are available to the site.  A Public Works Plan is not required; however, stormwater detention is required. Stormwater design and calculations shall be submitted and approved by the City Engineer prior to the issuance of any Building Permits. A Subdivision Agreement is not required.

 

The Development Plans feature a medical office building reminiscent of “prairie style” architecture with a basement.  The construction materials will feature a mixture of three types of masonry.  A  Landscape Plan has been provided.  All landscaped areas will be irrigated with underground sprinklers.  The architect has agreed to specifying sharp cut-off outdoor lighting fixtures.  Adequate parking is shown on the site plan.  This project will be an attractive addition to the neighborhood.

 

Mitch Humphrey from Buffalo Surveying and Ryan Page were present to answer any questions.

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Lear to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Ryan Page for New West Properties, LLC (Owner) for the Final Plat for “New West Addition”, an addition to the City of Kearney, Buffalo County, Nebraska for property described as part of Lot 2, (to be vacated) Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street) and approve Resolution No. 2007-248. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-248

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “NEW WEST ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of Lot 2, now vacated, Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska, with said tract of land being located in the Southwest Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Lot 2, Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska except that part of Lot 2 in said Marianne Hunt Addition, being more particularly described as follows:  Beginning at the southeast corner of Lot 2, Marianne Hunt Addition, and assuming the east line of Marianne Hunt Addition as bearing N00°43’25”E and all bearings contained herein are relative thereto; thence N00°43’25”E and on the east line of Lot 2 in said Marianne Hunt Addition, a distance of 280.0 feet to the northeasterly corner of said Lot 2, said point also being the southeast corner of Lot 1 in said Marianne Hunt Addition; thence N89°33’52”W and on the line common to the south line of said Lot 1 and the northerly line of said Lot 2, a distance of 272.25 feet to the southwest corner of said Lot 1; thence S00°43’25”W on the west line of said Lot 1 (if extended southerly) a distance of 280.0 feet to a point on the south line of said Lot 2; thence S89°33’52”E and on the south line of said Lot 2 a distance if 272.25 feet to the place of beginning, all in Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved subject to compliance with the requirement that stormwater design and calculations shall be submitted and approved by the City Engineer prior to the issuance of any building permits, 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 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 22ND DAY OF JANUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

DEVELOPMENT PLANS FOR MEDICAL FACILITY

 

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

 

Moved by Kearney seconded by Lammers to remove from the table Public Hearings 1 and 2 pertaining to the development of the southeast corner of 30th Avenue and 35th Street. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Mayor Clouse opened the public hearing on the Application submitted by Ryan Page for NWBC, LLC (Applicant and Owner) for Planned District Development Plan Approval for the construction of a medical office facility on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as part of Lot 2, (to be vacated) Marianne Hunt Addition to the City of Kearney, Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street) and to consider approval of Resolution No. 2007-249.

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Ryan Page for NWBC, LLC (Applicant and Owner) for Planned District Development Plan Approval for the construction of a medical office facility on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as part of Lot 2, (to be vacated) Marianne Hunt Addition to the City of Kearney, Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street) and approve Resolution No. 2007-249. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-249

 

            WHEREAS, Ryan Page for NWBC, LLC (Applicant and Owner) has applied for Planned District Development Plan Approval for the construction of a medical office facility on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as a tract of land being part of Lot 2, now vacated, Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska, with said tract of land being located in the Southwest Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Lot 2, Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska except that part of Lot 2 in said Marianne Hunt Addition, being more particularly described as follows:  Beginning at the southeast corner of Lot 2, Marianne Hunt Addition, and assuming the east line of Marianne Hunt Addition as bearing N00°43’25”E and all bearings contained herein are relative thereto; thence N00°43’25”E and on the east line of Lot 2 in said Marianne Hunt Addition, a distance of 280.0 feet to the northeasterly corner of said Lot 2, said point also being the southeast corner of Lot 1 in said Marianne Hunt Addition; thence N89°33’52”W and on the line common to the south line of said Lot 1 and the northerly line of said Lot 2, a distance of 272.25 feet to the southwest corner of said Lot 1; thence S00°43’25”W on the west line of said Lot 1 (if extended southerly) a distance of 280.0 feet to a point on the south line of said Lot 2; thence S89°33’52”E and on the south line of said Lot 2 a distance if 272.25 feet to the place of beginning, all in Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Ryan Page for NWBC, LLC (Applicant and Owner) for Planned District Development Plan Approval for the construction of a medical office facility on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as a tract of land being part of Lot 2, now vacated, Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska, with said tract of land being located in the Southwest Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Lot 2, Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska except that part of Lot 2 in said Marianne Hunt Addition, being more particularly described as follows:  Beginning at the southeast corner of Lot 2, Marianne Hunt Addition, and assuming the east line of Marianne Hunt Addition as bearing N00°43’25”E and all bearings contained herein are relative thereto; thence N00°43’25”E and on the east line of Lot 2 in said Marianne Hunt Addition, a distance of 280.0 feet to the northeasterly corner of said Lot 2, said point also being the southeast corner of Lot 1 in said Marianne Hunt Addition; thence N89°33’52”W and on the line common to the south line of said Lot 1 and the northerly line of said Lot 2, a distance of 272.25 feet to the southwest corner of said Lot 1; thence S00°43’25”W on the west line of said Lot 1 (if extended southerly) a distance of 280.0 feet to a point on the south line of said Lot 2; thence S89°33’52”E and on the south line of said Lot 2 a distance if 272.25 feet to the place of beginning, all in Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street) be approved subject to compliance with the following conditions: (1) all landscaped areas shall be irrigated with underground sprinklers; (2) sharp cut-off outdoor lighting fixtures shall be provided; and (3) stormwater design and calculations shall be submitted and approved by the City Engineer prior to the issuance of any building permits.

            PASSED AND APPROVED THE 22ND DAY OF JANUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

Moved by Buschkoetter seconded by Clouse that Subsections 1 through 10 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held January 8, 2007.

 

2.         Approve the following Claims: Ace Irrigation $684.00 smcs; Agri Coop $22,665.25 smcs; Alamar Uniforms $104.89 ps; Alltel $971.12 smcs; Anderson Brothers $368.07 smcs; Anderson,B $20.06 smcs; Aurora Co-op $346.00 smcs; Baker & Taylor Books $1,135.64 smcs; Bamford $506.72 smcs; Baye,S $120.06 smcs; BBC Audiobooks $57.00 smcs; Beideck,J $120.26 smcs; Benson,A $13.31 smcs; Bishop,P $15.29 smcs; Blessing $3,800.00 smcs; Bluecross Blueshield $58,452.92 smcs; Boersma,C $120.26 smcs; Bosselman $12,550.17 smcs; Brill,B $25.73 smcs; Brisbin,H $10.00 smcs; Broadfoot's $1,870.00 smcs; Brown,G $29.09 smcs; Buchta,K $32.85 smcs; Buffalo Co Court $424.42 ps; Buffalo Co Econ Dev $4,102.22 smcs; Builder Warehouse $234.28 smcs; Business Office Systems $237.00 smcs; Capital Bank $192.30 ps; CDW-Govt $287.03 smcs; Central Fire & Safety $30.25 smcs; Central NE Bobcat $2,869.95 smcs; Certified Power $66.32 smcs; Charlesworth & Associates $90.00 smcs; Charter $263.99 smcs; City of Ky $86,682.56 smcs,ps; College Savings Plan of NE $75.00 ps; Conners,D $120.26 smcs; Conseco Life Ins $24.00 ps; Copycat Printing $816.90 smcs; Cryoteck Deicing $8,208.40 smcs; Culligan $173.00 smcs; D&M Security $54.00 smcs; Dawson Co PPD $2,472.37 smcs; DBSP $4,500.00 smcs; Depository Trust $163,156.75 ds; Dept of the Treasury $28.92 ps; Double M Farms $2,000.00 smcs; DPC Industries $11,197.20 smcs; Dreyer,D $64.43 smcs; Duncan Thompson Group $31.09 smcs; Dutton-Lainson $17.95 smcs; Eakes $5,585.61 smcs; Ecolab $30.00 smcs; Ellis,S $14.42 smcs; Eustis Body Shop $660.00 smcs; Farmers Union Coop $1,080.00 smcs; Fedex $150.03 smcs; Fireguard $79.72 smcs; Firstier Event Center $200.00 smcs; Fisher,B $24.13 smcs; Flores,A $14.48 smcs; Flynn,B $24.00 smcs; Foster,D $120.26 smcs; Frontier $8,238.81 smcs; Gale $141.12 smcs; Gangwish Turf $75.00 smcs; Garrett Tires $4,229.52 smcs; Gneil $54.99 smcs; Great Plains One Call $69.62 smcs; Gross Belgians $550.00 smcs; Harley Davidson $14,337.65 co; Highland Park $1,557.49 smcs; Hock,R $10.48 smcs; Hofeling Enterprises $12,693.50 smcs; Hometown Leasing $248.23 smcs; Howe,C $120.26 smcs; Hydrite Chemical $8,536.45 smcs; ICMA RC $2,692.77 ps; IRS $101,411.55 ps; ISDN $188.25 smcs; Jack Lederman $4,947.76 smcs,co; Kayton Electric $2,506.10 co; Ky Chamber of Comm $53.00 smcs; Ky Clinic $431.00 smcs,ps; Ky Concrete $1,139.10 co; Ky Hub $7,169.57 smcs; Ky Humane Soc $2,400.00 smcs; Ky Implement $23,750.00 co; Ky Noon Rotary $95.00 smcs; Ky Storytelling $600.00 smcs; Ky Towing $835.00 smcs; Ky Visitors Bureau $15,669.32 smcs; KGFW/KQKY $594.00 smcs; Kirkham Michael $17,599.97 co; Kirkwood,M $8.55 smcs; Konica Minolta $64.96 smcs; KRNY-FM $330.00 smcs; Law Enf Training $83.00 smcs; Leigh Environmental $4,728.00 smcs; Linweld $67.24 smcs; Lockmobile $47.50 smcs; Luke,D $43.97 smcs; Lyman,D $300.00 smcs; Magic Cleaning $910.00 smcs; Mail Express $163.16 smcs; Marlatt Machine Shop $225.00 smcs; Marshall Cavendish $137.09 smcs; Masumi,R $19.48 smcs; McLaughlin,P $794.20 smcs; Michael S. Burke $5,850.00 smcs; Mid Amer Signal $868.90 smcs; Middleton Electric $40.00 smcs; Midwest Labs $265.00 smcs; Milius,H $21.58 smcs; Miller & Associates $7,356.93 smcs,co; Morgan,M $36.31 ps; Municipal Emergency $293.65 smcs; N&K Investment $3,500.00 co; NE Aviation Council $75.00 smcs; NE Child Support $2,252.35 ps; NE Concrete Paving Assc $190.00 smcs; NE Dept of Environmental $12,996.56 smcs; NE Library Assc $17.00 smcs; NE Rural Water Assc $50.00 smcs; NE Truck Center $852.68 smcs; NE Workforce Development $82.20 ps; Nicklasson,R $10.00 smcs; NW Energy $17,511.11 smcs; Office Depot $654.13 smcs; Officenet $626.23 smcs,co; O'Keefe Elevator $542.73 smcs; Paramount Linen $97.27 smcs; Pep $51.10 smcs; Petersen,J $6.35 smcs; Petersen,R $10.00 smcs; Pitney Bowes $1,902.00 smcs; Platte Valley Comm $11,018.51 smcs,co; Polk City Directories $318.50 smcs; Presto-X $192.00 smcs; Prosource One $2,432.00 smcs; Random House $224.66 smcs; Ready Mixed Concrete $368.89 smcs; Recorded Books $48.65 smcs; Rickard,A $153.13 smcs; Rodehorst,R $120.26 smcs; Rodiek,D $120.26 smcs; Ross,P $18.51 smcs; Sapp Brothers $20,847.38 smcs; Sass,B $24.65 smcs; Sawada,I $25.15 smcs; Schmitt,J $99.42 smcs; See Clear Cleaning $4,600.00 smcs; Seibert,W $470.41 smcs; Sensus Metering Systems $1,332.00 smcs; Simmerman Electric $8,081.30 smcs; Skyler,J $153.13 smcs; Smith,T $19.48 smcs; Solid Waste Agency $37.58 smcs; St of NE/Aeronautics $2,095.00 er,ds; Sungard HTE $113.00 smcs; Taillon,R $29.30 smcs; Trent,R $38.00 smcs; Turner Body Shop $2,020.00 smcs; Tye & Rademacher $11,173.34 smcs; Unique Management $322.20 smcs; UNK/NE Student Union $80.00 smcs; UPS $43.89 smcs; Vandiest Supply $5,643.48 smcs,co; Village Uniform $523.49 smcs; Warren,D $25.31 smcs; Water Environmental $90.00 smcs; Wellman,P $120.06 smcs; Wellness Works $250.00 ps; West Payment Center $1,177.81 smcs; West Villa Animal Hospital $21.00 co; Wiederspan,R $150.09 smcs; Wiegand Security Service $75.00 smcs; Wrecker Boyz $600.00 smcs; Zhang,H $3.90 smcs; Zubrod,D $11.25 smcs; Payroll Ending 1-19-2008 -- $291,295.34.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Receive recommendations of Planning Commission and set February 12, 2008 at 7:00 p.m. as date and time for hearing on those applications where applicable.

 

4.         Approve Change Order No. 2 showing an increase in the amount of $3,950.00 and Application and Certificate for Payment No. 4 in the amount of $10,000.00 submitted by Dan Roeder Concrete, Inc. and approve by Miller & Associates for the 2006 Part III Improvements consisting of Paving Improvement District No. 2006-909 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Paving Improvement District No. 2006-910 for 17th Avenue from 14th Street south to 11th Street and approve Resolution No. 2008-6.

 

RESOLUTION NO. 2008-6

 

WHEREAS, Dan Roeder Concrete, Inc. of Kearney, Nebraska has performed services in connection with the 2006 Part III Improvements – Part B consisting of Paving Improvement District No. 2006-909 for 11th Avenue from the south line of Rapp Addition south to its terminus in a cul-de-sac; AND 8th Street as it abuts Lot 2 of Block 2, Lots 1 and 6 of Block 3, and Lot 6 of Block 4, all in Park View Estates Third; AND 9th Street Place as it abuts Lot 1 of Block 1 and Lot 1 of Block 2, Park View Estates Third; Paving Improvement District No. 2006-910 for 17th Avenue from 14th Street south to 11th Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing an increase in the amount of $3,950.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 4 in the amount of $10,000.00 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$468,655.00
Change Order No. 1 (9-25-2007)             Change Order No. 2 (1-22-2008)	-7,649.50     +3,950.00
Contract Sum To Date	464,955.50
Gross Amount Due	461,005.50
Retainage	.00
Amount Due to Date	461,005.50
Less Previous Certificates for Payment	451,005.50
Current Payment Due	$  10,000.00

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 2, as shown on Exhibit “A”, and Application and Certificate for Payment No. 4, as shown on Exhibit “B”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF JANUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

5.         Approve Change Order No. 1 showing an increase in the amount of $13,607.00 and Application and Certificate for Payment No. 2 in the amount of $46,224.32 submitted by Midlands Contracting and approved by Miller & Associates for the 2007 Manhole Rehabilitation and approve Resolution No. 2008-7.

 

RESOLUTION NO. 2008-7

 

WHEREAS, Midlands Contracting Inc. of Kearney, Nebraska has performed services in connection with the 2007 Manhole Rehabilitation Project and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $13,607.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, the Engineer and Contractor have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $46,224.32 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$125,118.95
Change Order No. 1 (1-22-2008)	+13,607.00
Contract Sum To Date	138,725.95
Gross Amount Due	66,660.35
Retainage	6,666.04
Amount Due to Date	59,994.32
Less Previous Certificates for Payment	13,770.00
Current Payment Due	$ 46,224.32

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as shown on Exhibit “A”, and Application and Certificate for Payment No. 2, as shown on Exhibit “B”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF JANUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

6.         Approve Application and Certificate for Payment No. 2 in the amount of $43,401.20 submitted by Eriksen Construction Co. and approved by Miller & Associates for the Northwest Well Field, Phase III – Water Conditioning Facility and approve Resolution No. 2008-8.

 

RESOLUTION NO. 2008-8

 

WHEREAS, Eriksen Construction Co. of Blair, Nebraska has performed services in connection with the Northwest Well Field Improvements – Phase III (Water Conditioning Facility and Control System) and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $43,401.20 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum	$410,900.00
Contract Sum To Date	410,900.00
Gross Amount Due	109,713.56
Retainage	10,971.36
Amount Due to Date	98,742.20
Less Previous Certificates for Payment	55,341.00
Current Payment Due	$ 43,401.20

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 2, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 22ND DAY OF JANUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

7.         Approve the recommendation submitted by the Fire Chief to include the following as members of the Kearney Volunteer Fire Department: Scott Klassen, Seth Lunbery, Karen Matheny, Derek Oliver and Wendy Spencer and approve Resolution No. 2008-9.

 

RESOLUTION NO. 2008-9

 

            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 22ND DAY OF JANUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

8.         Approve the application submitted by Suzan Wilson to extend Conditional Use Permit No. 1996-01 to locate the “I Believe In Me Ranch” for a group of facilities located at 2041 East 56th Street for a period of two years.

 

9.         Approve the Plans and Specifications for the construction of the 2008 Airport Road Water Main Relocation and set the bid opening date for February 12, 2008 at 2:00 p.m.

 

10.        Approve the Application for a Special Designated License submitted by VRK, LLC, dba “Venue Restaurant & Lounge” in connection with their Class C-78777 liquor license to dispense beer, wine and distilled spirits in the Museum of Nebraska Art, 2401 Central Avenue, on February 2, 2008 from 6:30 p.m. until 12:00 a.m. for a dance.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7402 – VACATE PART OF MARIANNE HUNT ADDITION (PERTAINS TO PUBLIC HEARING 1)

 

Moved by Clouse seconded by Kearney to remove from the table Ordinance No. 7402 vacating part of Lot 2, Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street). Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

Council Member Kearney introduced Ordinance No. 7402, being Subsection 1 of Agenda Item VI to vacate part of Lot 2, Marianne Hunt Addition, an addition to the City of Kearney, Buffalo County, Nebraska (southeast corner of 30th Avenue and 35th Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Lammers seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7402 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lammers seconded by Lear that Ordinance No. 7402 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7402 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

REVIEW ONE & SIX YEAR STREET IMPROVEMENT PLAN

 

Mayor Clouse opened for review the One & Six Year Street Improvement Plan and set the public hearing for February 12, 2008 to adopt the One & Six Year Street Improvement Plan.

 

City Engineer Bruce Grupe presented this matter to the Council. The Nebraska Department of Roads (DOR) annually requires the City of Kearney to submit One and Six Year Plans for street improvements. City staff is preparing the plans and is now at the stage for soliciting input from the City Council and the community. The proposed plan is presented at one meeting to give the City Council and community time to review it and propose changes prior to adopting the Plan following the public hearing on February 12, 2008.

 

The following are the proposed 2008 One and Six Year Plans. The proposed plans incorporate street improvements from the previous Six Year Plan, various new improvements related to community development needs, and other street/reconstruction needs.

 

 

 

 

Moved by Lear seconded by Buschkoetter to review the One & Six Year Street Improvement Plan and set the public hearing for February 12, 2008 to adopt the One & Six Year Street Improvement Plan. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

NAMING OF “OPTIMIST INLINE HOCKEY RINK” IN APOLLO PARK

 

Mayor Clouse opened for discussion the recommendation from the Park and Recreation Advisory Board in naming the inline hockey rink located at Apollo Park as the “Optimist Inline Hockey Rink” and to consider approval of Resolution No. 2008-10.

 

Recreation Coordinator Joe Krepel presented this matter to the Council. On March 13, 2007 the City Council adopted the Policy on Naming/Renaming of City Facilities. City staff developed a form to be used for persons interested in naming or renaming City of Kearney facilities.  The inline hockey rink was supported by a number of entities. The Optimist Club was the main contributor and the fund raising committee believes that it would be appropriate to name the facility after the club. An application was submitted by Scott Hayden on behalf of the Kearney Optimist Club and the Apollo Inline Hockey Rink Committee to name the new hockey rink located at Apollo Park as the “Optimist Inline Hockey Rink”.

 

On December 13, 2007 the Park and Recreation Advisory Board considered the application.  The Advisory Board recommended naming the inline hockey rink located at Apollo Park as the “Optimist Inline Hockey Rink”.

 

Moved by Buschkoetter seconded by Clouse to approve the recommendation from the Park and Recreation Advisory Board in naming the inline hockey rink located at Apollo Park as the “Optimist Inline Hockey Rink” and approve Resolution No. 2008-10. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Lear, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2008-10

 

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

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

            WHEREAS, the City received an application submitted by Scott Hayden on behalf of the Apollo Inline Hockey Rink Committee and the Kearney Optimist Club to name the inline hockey rink located at Apollo Park as the “Optimist Inline Hockey Rink”; and

            WHEREAS, the Park and Recreation Advisory Board met on December 13, 2007 to consider the application, and forwarded the recommendation to the City Council that the application submitted for the naming of the inline hockey rink located at Apollo Park as the “Optimist Inline Hockey Rink”; and

            WHEREAS, the City Council discussed the naming of these facilities at its meeting held on January 22, 2008 and determined it would be appropriate to name the inline hockey rink located at Apollo Park as the “Optimist Inline Hockey Rink”.

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

            BE IT FURTHER RESOLVED that the designation submitted for the inline hockey rink located at Apollo Park be named the “Optimist Inline Hockey Rink”.

            PASSED AND APPROVED THIS 22ND DAY OF JANUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

RECONSIDERATION OF CONDITIONAL USE PERMIT FOR I BELIEVE IN ME RANCH

 

Mayor Clouse opened for discussion the request to reconsider the application submitted by Antelope Park Estates, Richard D. Wilson, Trustee, and Donna M. Wilson, Trustee for the I Believe in Me Ranch for a Conditional Use Permit to locate a combination of both a primary and secondary educational facility on property located at the northeast corner of 92nd Street and Antelope Avenue and to set the public hearing date for March 4, 2008.

 

Council member Lear stated Conditional Use Permits are a problem because they create many “maybe situations” and they have rarely approved them in cases of significant conflict.  This is especially true in considering a two-year Conditional Use Permit for a $3 million investment.  Conditional Use Permits on the other hand are also a way for them to provide some of the most stringent requirements for development and therefore have their benefits as well.  There are many aspects of the I Believe in Me Ranch Conditional Use Permit that makes it more difficult than most.  It is certainly a school as the City Attorney had advised them.  However, it is not just a school which makes its use type classification a bit more difficult to discern.  He has had some time to reflect on their last meeting and continue to research this matter and believes there may be better solutions to this than an outright denial of the Conditional Use Permit.  Reconsideration of the I Believe in Me Ranch’s Conditional Use Permit does not guarantee that they will achieve a mutually agreeable solution.  It will guarantee that they have done everything that they can to accomplish that result. 

 

Moved by Lear seconded by Buschkoetter to reconsider the vote made on January 8, 2008 to deny the application submitted by Antelope Park Estates, Richard D. Wilson, Trustee, and Donna M. Wilson, Trustee for the I Believe in Me Ranch for a Conditional Use Permit to locate a combination of both a primary and secondary educational facility on property located at the northeast corner of 92nd Street and Antelope Avenue and to set the public hearing date for March 4, 2008 and to direct the City Manager to facilitate the meeting between the neighbors and representatives of the I Believe in Me Ranch and to provide a report as a part of the public hearing. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

NEBRASKA SAFE ROUTES TO SCHOOL PROGRAM

 

Mayor Clouse opened for discussion the Nebraska Safe Routes to School program.

 

Laura Larsen presented this matter to the Council. In the spring of 2007 a grant application was made to the Nebraska Safe Routes to School program. During the summer of 2007, the City of Kearney was notified that it had been awarded $250,000 to improve the sidewalks in the Kenwood school district. 

 

To meet the grant requirements, a pre- and post-survey must be administered. The purpose of the surveys is to determine the impact the project made with regard to the safety of the children walking and biking to and from school. The survey research was conducted by Dr. John Anderson and Laura Larsen, a student, from the University of Nebraska at Kearney. During the week of October 14, 2007 a survey was sent home with every Kenwood student. The following week completed surveys were returned to teachers and sent to UNK for analysis. 

 

The City of Kearney agreed in the grant contract with the Department of Roads to provide funds of $800.00 for pre- and post- data collection and assessment. This survey tool and subsequent report is the pre-data collection and assessment.

 

The following are the survey results:

• Kenwood Elementary is located in the oldest part of Kearney – it experiences high volume of traffic along 11th Street and 5th Avenue.
• The majority of Kenwood families are on a limited budget – median household income is $33,663 and 36.32 percent of the students qualify for free-reduced rate meals.
• 230 surveys were sent home with Kenwood students – 180 families attend Kenwood Elementary; 90 surveys were completed and returned.
• The number of children in the family:

o        One: 46.2%

o        Two: 45.1%

o        Three: 6.6%

o        Five: 1.1%

 

• The following survey question was asked: “Has your child asked you for permission to walk or bike to/from school in the last year?”  The results were yes: 76.9% and no: 20.9%.
• Another survey question: “At what grade would you allow your child to walk or bike without an adult?”  The results:

 

The following findings indicate what factors play a role in parents’ decision to let their children walk/bike to school.  The following question was asked: “Which of the following issues affected your decision to allow, or not allow, your child to walk or bike to/from school?”

 

The final set of questions measured both the child and parents’ attitudes about walking and biking to school. Survey Questions: “In your opinion, now much does your child’s school encourage/ discourage walking/biking to school?”

  

Survey Question: “How much fun is walk/biking to school for your child?”

 

Survey Question: “How healthy is walking/biking to school for your child?”

  

Some of the comments submitted by the parents:

• 1/3 of the written comments wanted to see a “walking school bus” program resume at Kenwood Elementary.
• Parents were concerned about speed and the amount of traffic along 11th Street – there is so much fast moving traffic on 11th Street, it’s just too dangerous for kids to cross and there are not sidewalks along the way.”
• Wanted to make sure that new sidewalks would be handicap accessible.

 

Results of the survey show promise for Kenwood Elementary as many of the factors causing concern for parents can be changed.

 

OPEN ACCOUNT CLAIMS: PLATTE VALLEY STATE BANK - $46,510.61

 

Moved by Clouse seconded by Kearney that the Open Account Claim in the amount of $46,510.61 payable to Platte Valley State Bank be allowed. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear abstained. Motion carried.

 

VII.    REPORTS

 

None.

VIII.    ADJOURN

 

Moved by Kearney seconded by Lammers that Council adjourn at 8:44 p.m. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lammers, Kearney, Lear. Nay: None. Motion carried.

 

STANLEY A. CLOUSE

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK