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Kearney, Nebraska

February 12, 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 February 12, 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; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Lance Lang, Dan Lynch, Bruce Grupe, Luke Olson, Barry Sherman, Jerry Schroeder, Trent Snow, Mary Kalb, Michelle Stover, Vicki Harper, Jon McBride, Damon Day, Mitch Humphrey, Dan Lindstrom, Dave Claussen, Paul Brungardt, Steve Altmaier from KGFW Radio, Sara Giboney from Kearney Hub, 4 students from UNK, several police officers.

 

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

 

PLEDGE OF ALLEGIANCE

 

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 – POLICE OFFICERS

 

Mayor Clouse and Council Members recognized the following new police officers: Jesse Koch, Kelly Koerner, Travis Arner, Johnny Eynetich and Derek Payton. The City Clerk administered the Oath of Office.

 

ORAL COMMUNICATIONS – POLICE DEPARTMENT VOLUNTEER PROGRAM

 

Ruth Sajevik stated the senior volunteer program began at the Police Department on January 6, 1994. There are 35 volunteers that have volunteered 13,590 hours which total $149,901 over this 14-year period.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING FOR 1719 3RD AVENUE

 

Mayor Clouse opened the public hearing on the Application submitted by Midwest District of the Evangelical Free Church of America (Applicant) and Kearney Transair, Ltd., a Nebraska Corporation (Owner) to rezone from “District R-3, Urban Residential Multi-Family District (Medium Density)” to “District C-O/PD, Office District/Planned Development Overlay District” property described as Lot 2 of Block 9, Kearney Land and Investment Company’s First Addition to the City of Kearney, Buffalo County, Nebraska (1719 3rd Avenue).  Planning Commission recommended approval.

 

The applicant is requesting approval to rezone a lot located at 1719 3rd Avenue from R-3, Urban Residential Multi-Family District to C-0/PD, Office District/Planned Overlay District. If the rezoning is approved, it will allow this lot to be combined with the lot to the north which is already zoned C-0/PD. With both lots under common ownership and properly zoned, the amount of existing office space can be expanded. The existing parking can be extended down the alley to the south with the addition of the new lot. The Future Land Use Map of the City of Kearney Comprehensive Development Plan shows this area to be “Kearney Gateway Mixed Use” and C-0 is a conforming zoning district for this land use type.

 

Although not directly related to the rezoning request, staff offers the following comments for the benefit of the applicant. If the rezoning is approved the applicant will be required to do the following in conjunction with the office expansion:

 

a)       Since the rezoning request is for a planned district, development plans for the office expansion must be submitted in the future and reviewed and approved by Planning Commission and City Council.

 

b)       The alley must be improved to the south property line of the southerly lot as part of the office expansion.

 

c)       There are various options available for the applicant to achieve the office expansion including construction of a building addition to the east or south sides of the existing office building, or using the existing house on the south lot as additional office space. The applicant or project architect should consult with the Building Services Division during the design phase. Building Code requirements vary depending on which option the applicant decides to pursue. However, regardless of which option is chosen a 20-foot wide landscaped bufferyard will be required along the south property line of the southerly lot. This buffer is required since the commercial zoning will abut a residential use. Any existing concrete in this area must be removed and planted to grass in the bufferyard area. Trees are also required. All bufferyard requirements are set forth in Chapter 48 of the Unified Land Development Ordinance.

 

William Smith from Midwest District of the Evangelical Free Church of America presented this matter to the Council. The application is a result of the opportunity for them to purchase the lot next to theirs.  Their current offices are at 218 18th Street and this lot is at 1719 18th Street.  If this application is approved they would have the opportunity to expand their offices onto the lot adjacent to the offices they currently occupy. 

 

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 Midwest District of the Evangelical Free Church of America (Applicant) and Kearney Transair, Ltd., a Nebraska Corporation (Owner) to rezone from “District R-3, Urban Residential Multi-Family District (Medium Density)” to “District C-O/PD, Office District/Planned Development Overlay District” property described as Lot 2 of Block 9, Kearney Land and Investment Company’s First Addition to the City of Kearney, Buffalo County, Nebraska (1719 3rd Avenue). Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

FINAL PLAT FOR CONAGRA ADDITION

 

Mayor Clouse opened the public hearing on the Application submitted by Trenton Snow (Applicant) for ConAgra Foods, Inc. (f/k/a Peavey Company) (Owner) for the Final Plat for “ConAgra Addition”, an addition to the City of Kearney, Buffalo County, Nebraska for property described as part of Lots 1 though 12 of Block 46, part of Lots 1 through 4 of Block 47, and part of Avenue Q, all in East Lawn Addition to the City of Kearney, Buffalo County, Nebraska (2610 Grand Avenue) and to consider approval of Resolution No. 2008-11. Planning Commission recommended approval subject to compliance with the following conditions: (1) the lines representing the vacated lots be reproduced in a lighter shade on the final plat so that the new lot lines stand out in a heavier line weight; and (2) show the setback lines along Grand Avenue and 27th Street on the final plat.

 

The applicant is requesting approval to subdivide a tract of land into two lots at 2700 Grand Avenue. The property is zoned M-1, Limited Industrial District and contains a grain storage facility and associated office buildings. Several of the original lots in East Lawn Addition and associated streets were previously vacated in this area. The Final Plat shows the underlying lots that are now vacated and the bold line represents the boundary of the two proposed lots.  Although this is not typical, the Plat is presented this way so that the Register of Deeds can better understand the legal description which refers to the vacated lots.

 

The intent of this subdivision is to split the office facilities from the grain storage facility.  Lot 1 contains 0.916 acres and the office buildings, while Lot 2 contains1.69 acres and the grain storage building. There is a twenty-foot wide access and sewer easement that runs north-south along the common lot line between the two lots. This easement insures future access rights between the facilities and protection for the sewer line. A Subdivision Agreement is not required. A Public Works Plan is not required either.

 

Staff offers the following comments:

 

a)       Staff requests that the lines representing the vacated lots be reproduced in a lighter shade so that the new lot lines stand out in a heavier line weight.  This will make the plat more legible while retaining the underlying lot information.

 

b)       No building setback lines are depicted on the Final Plat.  Staff believes it is important to show the 25-foot setback lines along Grand Avenue and 27th Street.

 

c)       The existing buildings encroach into the setbacks.  Any future building additions, new buildings, reconstructed buildings, etc. shall comply with the setbacks shown on the Final Plat.

 

Trenton Snow presented this matter to the Council. ConAgra wants to split their storage building off from their old office building so they are able to sell the office building.  The line is going to run on the east side of the drive, east of the storage building.  There will be an easement along that driveway for ingress, egress and utilities for the sole purpose of Lots 1 and 2.  There will be 25-foot setbacks along Grand Avenue and 27th Street.  They will also comply with the lighter lines on the lots that are vacated at this time.  They will comply with all the provisions required. 

 

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 Trenton Snow (Applicant) for ConAgra Foods, Inc. (f/k/a Peavey Company) (Owner) for the Final Plat for “ConAgra Addition”, an addition to the City of Kearney, Buffalo County, Nebraska for property described as part of Lots 1 though 12 of Block 46, part of Lots 1 through 4 of Block 47, and part of Avenue Q, all in East Lawn Addition to the City of Kearney, Buffalo County, Nebraska (2610 Grand Avenue) and approve Resolution No. 2008-11. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2008-11

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “CONAGRA ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of Lots 1 through 12 of Block 46 and part of Lots 1 through 4 of Block 47 and part of Avenue Q, all in East Lawn Addition to the City of Kearney, Buffalo County, Nebraska (now vacated) and located in the Southwest Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: the place of beginning being the southwest corner of vacated Block 46; thence northerly on the west line of Block 46 a distance of 267.0 feet to a point; thence with a deflection angle to the right of 90°02’15” a distance of 561.65 feet to a point, said point being on the northerly property line of Grand Avenue; thence southwesterly on and along the aforesaid northerly line a distance of 380.4 feet to a point, said point being on the north line of 27th Street; thence westerly on the north line of 27th Street a distance of 290.3 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 following conditions: (1) the lines representing the vacated lots be reproduced in a lighter shade on the final plat so that the new lot lines stand out in a heavier line weight; (2) the final plat shall show the 25-foot setback lines along Grand Avenue and 27th Street; and (3) any future building additions, new buildings, reconstructed buildings, etc. shall comply with the setbacks shown on the final plat, 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 12TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

FINAL PLAT FOR ELKEN SUBDIVISION

 

Public Hearings 3 and 4 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine Richter (Owner) for 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) and to consider approval of Resolution No. 2008-12. Planning Commission recommended approval.

 

The applicant is requesting approval to plat a one lot commercial subdivision to be known as Elken Subdivision in the two-mile extraterritorial jurisdiction approximately 1,550 feet south of the intersection of Highway 10/44 and Highway 40 on the west side of the highway. The property is currently vacant pasture or farm ground. The City Council approved the commercial zoning of this property to C-2/PD in November.

 

The Preliminary Plat and Final plat both consist of one lot that will contain all the improvements associated with the farm and ranch store including the main building and an outbuilding. The total lot area is 5.90 acres. The Preliminary Plat was approved by Planning Commission on October 19, 2007.  74th Street is designed as a 66-foot right-of-way collector flared out to 83 feet of right-of-way as it approaches the highway to provide for turn lanes. Since the paving will be constructed prior to installation of water and sewer lines, easements are required for future installation of these services. A fifteen-foot wide easement is provided along the south side of 74th Street and along the west side of Highway 10 for this purpose.

 

A Public Works Plan has been submitted to demonstrate drainage and detention and paving of the public street. Staff requested and received revisions to the original submittal to require longer stacking lanes, a longer taper for the street and a drainage study to accurately determine the sizing for stormwater pipe and stormwater detention facilities.

 

A Subdivision Agreement has been prepared that waives future protest rights for improvement districts, requires connection to said improvements, and requires annexation at such time the property can be annexed into the corporate limits of the City. In addition, the applicant is requesting a deviation from the code requirement that requires the public street to be constructed the entire length of the property frontage. The subdivision agreement specifies that the applicant will be responsible to pave 326.8 feet of 74th Street extending back from 2nd Avenue as shown on the Public Works Plan. There are four triggering events that will require the remainder of the street to be paved in the future such as further subdivision or issuance of building permits. Associated public sidewalk and street landscaping is also deferred in the agreement and future installation is tied to the four aforementioned triggering events. The Owner can subdivide a lot or lots on the north side of 74th Street without invoking the additional paving and landscaping requirements if said lot(s) can be adequately served from the existing paving in 74th Street. The Subdivision Agreement also assigns liability to the Owner if landscaping or other site damage occurs in the future as a result of installation of sanitary sewer and/or municipal water lines.

 

The property is zoned C-2/PD, Community Commercial District, Planned Overlay District. Two buildings are proposed on the 5.90 acre site. The primary building is a farm and ranch sore to be known as the Cowpoke that consists of 7,000 square feet. A smaller 2,100 square foot building is proposed to the west of the main store for feed storage. The main building has a rural store look with a covered porch and split-face block on the street facing facades north and east. The other facades are metal. There is a gable roof with asphalt shingles. The construction materials for the feed storage building are the same including split-face block on the north elevation. There are two access points to 74th Street, the closest one to 2nd Avenue is set back approximately 180 feet and the second access point is an additional 60 feet back.  326.8 feet of 74th Street is shown with a crushed rock temporary cul-de-sac at the west terminus. Staff has reviewed the Development Plans and offers the following comments:

 

a)         All parking, drive lanes, accesses, and maneuvering areas are to be improved with hard surfacing, either Portland cement concrete or asphaltic concrete, with the exception of the temporary turnaround on 74th Street.

 

b)         The landscaping depicted on the Landscape Plan is limited to the immediate development area. As previously mentioned, the remainder of the landscaping and public sidewalk is deferred in the subdivision agreement. The Landscape Plan for the area around the building is acceptable. The landscaping will be irrigated.

 

c)         The dumpster shall be screened from view with a wooden or masonry enclosure.

 

d)         The Owner shall be responsible for maintaining the entire 5.90 acre lot including the undeveloped portions. The undeveloped area could be planted to alfalfa, or if kept in native pasture, shall be mowed periodically. No farm animals are allowed to be continually kept in a commercial zoning district.

 

At the Planning Commission hearing the applicant requested a waiver of the hard surfacing requirement for the area around the outbuilding. The Development Plans proposed crushed rock in this area. Considerable discussion ensued on this matter. Staff recommendation was firm, citing the paving as a code requirement for all commercial projects within the city jurisdiction.  There have been problems in the past where commercial development has been allowed to deviate from this requirement. The Planning Commission had mixed opinions about the paving requirement.  It is true that at the current time the surrounding area is largely rural.  With no surrounding development why should the paving be required?  The primary question is how can the City insure that the paving is installed at some point in the future when it is needed and the Commissioners discussed potential triggering actions to require the paving.  Since the property is located outside the city limits and the paved area in question is on private property, the City has no legal authority to pave the lot in the future and assess the cost back to the owner. In the end, the Planning Commission remained divided on this issue. A split vote was made on a motion that ties the paving of the parking to the four triggers contained in the Subdivision Agreement.

 

Fortunately, discussions with the project engineer after the Planning Commission hearing indicate that the Development Plans have been revised and the area in question will be hard surfaced, thus meeting City code requirements.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. At a previous meeting this property was rezoned to C2-PD.  The Final Plat and Subdivision Agreement were reverted back to the Planning Commission to resolve some of the issues.  The initial building will contain 7,000 square feet with an additional outbuilding (accessory building) being approximately 2,100 square feet. 

 

The Subdivision Agreement has been worked out and they have all the signatures on the document.  Everyone has agreed to the conditions regarding this item.  The site will be paved as required.  They have about 325+ feet of paving on 74th Street that will be initially constructed. They have some triggering mechanisms written into the Subdivision Agreement to provide for the balance of the paving of that dedicated street in the future.  The public works plan has been reviewed by staff and approved.

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine Richter (Owner) for 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) and approve Resolution No. 2008-12. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2008-12

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “ELKEN SUBDIVISION” a subdivision being that property described as a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 14, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows:  Referring to the southeast corner of Section 14 and assuming the south line of the Southeast Quarter of Section 14 as bearing S89°36’23”W and all bearings contained herein are relative thereto: thence S89°36’23”W and on the south line of the Southeast Quarter of said Section 14 a distance of 106.24 feet to the southwest corner of a tract of land deeded to the State of Nebraska Department of Roads as described at Instrument 2003-761, recorded January 21, 2003, in the Office of the Buffalo County Register of Deeds, said point also being on the west right-of-way line of Nebraska State Highway No. 10/2nd Avenue; thence leaving the south line of said Southeast Quarter N00°28’34”E and on the west line of said tract of land deeded to the State of Nebraska Department of Roads and on the west right-of-way line of said Nebraska State Highway No.10/2nd Avenue a distance of 490.56 feet; thence N15°27’06”W and continuing on the west line of said tract of land deeded to the State if Nebraska Department of Roads and on the west right-of-way line of Nebraska State Highway No.10/2nd Avenue a distance of 164.11 feet; thence N01°07’13”E and continuing on the west line of said tract of land deeded to the State of Nebraska Department of Roads and on the west right-of-way line of Nebraska State Highway No.10/2nd Avenue a distance of 50.43 feet to the actual place of beginning; thence continuing N01°07’13”E and on the west line of said tract of land deeded to the State of Nebraska Department of Roads and the west right-of-way line of Nebraska State Highway No. 10/2nd Avenue a distance of 449.02 feet; thence N21°25’06”E and continuing on the west line of said tract of land deeded to the State of Nebraska Department of Roads and on the west right-of-way line of Nebraska State Highway No. 10/2nd Avenue a distance of 45.04 feet; thence leaving the west line of said tract of land deeded to the State of Nebraska Department of Roads and the west right-of-way line of Nebraska State Highway No. 10/2nd Avenue, N89°41’34”W a distance of 541.50 feet; thence S00°18’26”W a distance of 491.00 feet; thence S89°41’34”E a distance of 518.90 feet to the place of beginning, containing 5.90 acres, more or less, all in Buffalo County, Nebraska (1550 feet south of the intersection of Highway 10/40 on the west side of Highway 10), duly made out, acknowledged and certified, and the same hereby is approved in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) be accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska.

            BE IT FURTHER RESOLVED that the Subdivision Agreement, marked as Exhibit “A” attached hereto and made a part hereof by reference, be and is hereby approved and that the President of the Council be and is hereby authorized and directed to execute said agreement on behalf of the City of Kearney, Nebraska. Said Subdivision Agreement shall be filed with the final plat with the Buffalo County Register of Deeds.

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

            PASSED AND APPROVED THIS 12TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

DEVELOPMENT PLANS FOR PROPERTY LOCATED 1550 FEET SOUTH OF THE INTERSECTION OF HIGHWAY 10/40 ON THE WEST SIDE OF HIGHWAY 10

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine Richter (Owner) for Planned District Development Plan Approval for the construction of a commercial facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and 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) and to consider approval of Resolution No. 2008-13. Planning Commission recommended approval subject to the following conditions: (1) all parking, drive lanes, accesses, and maneuvering areas shall be improved with hard surfacing, either Portland cement concrete or asphaltic concrete, with the exception of the temporary turnaround on 74th Street. (2) The landscaping depicted on the Landscape Plan is limited to the immediate development area and shall be irrigated; however, the remainder of the landscaping and public sidewalk shall comply with the conditions set forth in the Subdivision Agreement.  (3) The dumpster shall be screened from view with a wooden or masonry enclosure. (4) The Owner shall be responsible for maintaining the entire 5.90 acre lot including the undeveloped portions. The undeveloped area could be planted to alfalfa, or if kept in native pasture, shall be mowed periodically. No farm animals are allowed to be continually kept in a commercial zoning district.

 

This was discussed with Public Hearing 3.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Clouse to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine Richter (Owner) for Planned District Development Plan Approval for the construction of a commercial facility on property zoned “District C-2/PD, Community Commercial District/ Planned Development Overlay District” and 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) and approve Resolution No. 2008-13 subject to compliance with the following conditions: (1) all parking, drive lanes, accesses, and maneuvering areas shall be improved with hard surfacing, either Portland cement concrete or asphaltic concrete, with the exception of the temporary turnaround on 74th Street. (2) The landscaping depicted on the Landscape Plan is limited to the immediate development area and shall be irrigated; however, the remainder of the landscaping and public sidewalk shall comply with the conditions set forth in the Subdivision Agreement.  (3) The dumpster shall be screened from view with a wooden or masonry enclosure. (4) The Owner shall be responsible for maintaining the entire 5.90 acre lot including the undeveloped portions. The undeveloped area could be planted to alfalfa, or if kept in native pasture, shall be mowed periodically. No farm animals are allowed to be continually kept in a commercial zoning district. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2008-13

 

            WHEREAS, Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine Richter (Owner) have applied for Planned District Development Plan Approval for the construction of a commercial facility on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 14, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows:  Referring to the southeast corner of Section 14 and assuming the south line of the Southeast Quarter of Section 14 as bearing S89°36’23”W and all bearings contained herein are relative thereto: thence S89°36’23”W and on the south line of the Southeast Quarter of said Section 14 a distance of 106.24 feet to the southwest corner of a tract of land deeded to the State of Nebraska Department of Roads as described at Instrument 2003-761, recorded January 21, 2003, in the Office of the Buffalo County Register of Deeds, said point also being on the west right-of-way line of Nebraska State Highway No. 10/2nd Avenue; thence leaving the south line of said Southeast Quarter N00°28’34”E and on the west line of said tract of land deeded to the State of Nebraska Department of Roads and on the west right-of-way line of said Nebraska State Highway No.10/2nd Avenue a distance of 490.56 feet; thence N15°27’06”W and continuing on the west line of said tract of land deeded to the State if Nebraska Department of Roads and on the west right-of-way line of Nebraska State Highway No.10/2nd Avenue a distance of 164.11 feet; thence N01°07’13”E and continuing on the west line of said tract of land deeded to the State of Nebraska Department of Roads and on the west right-of-way line of Nebraska State Highway No.10/2nd Avenue a distance of 50.43 feet to the actual place of beginning; thence continuing N01°07’13”E and on the west line of said tract of land deeded to the State of Nebraska Department of Roads and the west right-of-way line of Nebraska State Highway No. 10/2nd Avenue a distance of 449.02 feet; thence N21°25’06”E and continuing on the west line of said tract of land deeded to the State of Nebraska Department of Roads and on the west right-of-way line of Nebraska State Highway No. 10/2nd Avenue a distance of 45.04 feet; thence leaving the west line of said tract of land deeded to the State of Nebraska Department of Roads and the west right-of-way line of Nebraska State Highway No. 10/2nd Avenue, N89°41’34”W a distance of 541.50 feet; thence S00°18’26”W a distance of 491.00 feet; thence S89°41’34”E a distance of 518.90 feet to the place of beginning, containing 5.90 acres, more or less, all in Buffalo County, Nebraska (1550 feet south of the intersection of Highway 10/40 on the west side of Highway 10).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Mitch Humphrey from Buffalo Surveying (Applicant) for Kenneth and Elaine Richter (Owner) for Planned District Development Plan Approval for the construction of a commercial facility on property zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 14, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows:  Referring to the southeast corner of Section 14 and assuming the south line of the Southeast Quarter of Section 14 as bearing S89°36’23”W and all bearings contained herein are relative thereto: thence S89°36’23”W and on the south line of the Southeast Quarter of said Section 14 a distance of 106.24 feet to the southwest corner of a tract of land deeded to the State of Nebraska Department of Roads as described at Instrument 2003-761, recorded January 21, 2003, in the Office of the Buffalo County Register of Deeds, said point also being on the west right-of-way line of Nebraska State Highway No. 10/2nd Avenue; thence leaving the south line of said Southeast Quarter N00°28’34”E and on the west line of said tract of land deeded to the State of Nebraska Department of Roads and on the west right-of-way line of said Nebraska State Highway No.10/2nd Avenue a distance of 490.56 feet; thence N15°27’06”W and continuing on the west line of said tract of land deeded to the State if Nebraska Department of Roads and on the west right-of-way line of Nebraska State Highway No.10/2nd Avenue a distance of 164.11 feet; thence N01°07’13”E and continuing on the west line of said tract of land deeded to the State of Nebraska Department of Roads and on the west right-of-way line of Nebraska State Highway No.10/2nd Avenue a distance of 50.43 feet to the actual place of beginning; thence continuing N01°07’13”E and on the west line of said tract of land deeded to the State of Nebraska Department of Roads and the west right-of-way line of Nebraska State Highway No. 10/2nd Avenue a distance of 449.02 feet; thence N21°25’06”E and continuing on the west line of said tract of land deeded to the State of Nebraska Department of Roads and on the west right-of-way line of Nebraska State Highway No. 10/2nd Avenue a distance of 45.04 feet; thence leaving the west line of said tract of land deeded to the State of Nebraska Department of Roads and the west right-of-way line of Nebraska State Highway No. 10/2nd Avenue, N89°41’34”W a distance of 541.50 feet; thence S00°18’26”W a distance of 491.00 feet; thence S89°41’34”E a distance of 518.90 feet to the place of beginning, containing 5.90 acres, more or less, all in Buffalo County, Nebraska (1550 feet south of the intersection of Highway 10/40 on the west side of Highway 10) subject to compliance with the following conditions: (1) all parking, drive lanes, accesses, and maneuvering areas shall be improved with hard surfacing, either Portland cement concrete or asphaltic concrete, with the exception of the temporary turnaround on 74th Street. (2) The landscaping depicted on the Landscape Plan is limited to the immediate development area and shall be irrigated; however, the remainder of the landscaping and public sidewalk shall comply with the conditions set forth in the Subdivision Agreement.  (3) The dumpster shall be screened from view with a wooden or masonry enclosure. (4) The Owner shall be responsible for maintaining the entire 5.90 acre lot including the undeveloped portions. The undeveloped area could be planted to alfalfa, or if kept in native pasture, shall be mowed periodically. No farm animals are allowed to be continually kept in a commercial zoning district.

            PASSED AND APPROVED THIS 12TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

½¢ SALES TAX CAPITAL IMPROVEMENT PLAN

 

Mayor Clouse opened the public hearing on the ½¢ Sales Tax Capital Improvement Plan for the City of Kearney, Nebraska.

 

City Manager Michael Morgan presented this matter to the Council. The citizens of Kearney approved a ½ cent sales tax on November 15, 2005 for the purpose of funding capital improvement projects and equipment.  Resolution No. 2006-76, approved by the City Council on May 23, 2006, requires the City Council to conduct a public hearing each February on the Sales Tax Capital Improvement Plan to receive input from the public, and to prioritize and allocate the special sales tax funds.

 

This is the second year of the CDBG program which is going well. The South 2nd Avenue landscaping project will occur this spring. Miscellaneous street repairs, including the gravel street to concrete program for which the City had several requests from individuals for that funding. In this, fifty percent cost sharing project all of that partnership funding will be exhausted this year. They will have internal trail development and discussions will be had in the future about the new trail grant award.  Some work will be done on 25th Street from Avenue B to Avenue E. The City was awarded the Safe School Grant Program which was discussed last year and the City portion is $150,000.00. The City has a cost sharing amount on the State Project on 25th Street (Highway 30). The bonding will start on the 39th Street project that has occurred in the past few years. Harmon Park Activity Center is complete with the exception of landscaping and fountain amenity improvements that are being discussed. 

 

With last year’s contribution plus this year’s contribution, the Library expansion will be up to $1.3 million in the reserve. Work will begin on the Senior Center improvements and the Peterson Activity Center. They will be going out for bid on the roadway off 11th Street. They will be working with the Yanney Foundation for them to upfront some funds to assist us in starting that project. The Senior Task Force will meet later this month.  In addition to the miscellaneous improvements that have been on the list each year the Fort Kearney Shooting Sports Association building will be added. 

 

City Manager further stated that what is going to stand out in 3-5 years, taking in to consideration the major projects that have been completed within the first 5-6 years, there are not a lot of projects except a new Fire Station 3 and there is funding set aside for that in this proposal.  It will become apparent that there is more of the fund being dedicated to road improvements and those types of things once we get past some of these major facilities.  It is exciting to look down the road when the fund balance will be $3-5 million in this fund.  He has also discussed with the Finance Director going back and paying off some of these smaller debts that are bonded or maybe paying cash for some of the larger street projects that the City could handle.  He believed that the focus might change 5-6 years from now with more emphasis on improvements, especially in the road area.  The City is meeting its target fund balances for this year and future years with regard to the ten percent of revenue, as well as the target balance to our debt ratio. 

 

Vicki Harper stated their association has roots that go back to 1940. It was the originally called the Fort Kearney Wildlife Club. They had a range out at Cottonmill Park.  It was closed to put in the petting zoo. Approximately three years ago, a small group of people from the old club got together and decided to plan and develop a new range. They started with an unfenced quarter section of farm ground northeast of Kearney. That perimeter is now fenced with perimeter trees planted. There is electricity and water on the property. They have ten sporting clay stations with a 5-stand range and two trap fields, two overlay trap skeet fields and one each of those trap fields are lit. There is also a 100-meter rifle range with a 120-foot shooting pad, sidewalks, bench rests, trails, picnic tables, gun racks, pond, hard surface roads and parking lot. They have a central location which is where the clubhouse/warehouse is going to go. This is predominantly all run by volunteers and by having this central location, this will be the place to check in and start so that one or two people managing the range rather than four people.  

 

Over the past three years, they have had a variety of sporting clay activities, family day, Pheasants Forever hunts, leagues, and tournaments. They have three certified 4-H trap instructors and they are about ready to start their spring trap programs. They will start in March. 

 

They will be open every Saturday from 1:00 p.m. until 4:00 p.m. beginning in March through December. They have leagues and tournaments pre-scheduled with something going on almost every weekend starting in March. She recommended that pheasant hunters do clay targets rather than trap and skeet. They will have small bore for a 4-H program starting in March. 

 

City Manager stated that the shooting range is very important to our Police Department. Across the country shooting ranges have closed due to environmental reasons, etc.  He believed that Kearney is very fortunate to be able to work with them to provide appropriate training especially because the proximity is so close. Many cities have to travel great distances for their police to practice which takes officers away and is fairly expensive. This is kind of a public/private partnership for our City. That is why the Chief is very supportive and an active participant out there. He added that several of our employees are members out there.

 

Police Chief Dan Lynch stated that each officer needs to qualify with the State Qualification Course once a year. They can be qualified on this range with their own firearms instructors and range officers take care of the qualification which is filed with the State every year. They have ESU shooting as well as the other officers practicing throughout the year. The total hours spent by officers in practice will average about 12 hours per officer per year.  Prior to using this range, the officers were driving to Minden which was 30 minutes each way. 

 

Ms. Harper stated she also received a call from Mandy Mollring at the Kearney Park & Recreation inquiring about holding the Senior Games or the archery portion at the Range.  At this time, they do not have any archery target, but Mandy indicated she has plans to get some. The Senior Games have been scheduled on their calendar out there.  They do not have plans to have shooting sports this year, but maybe next year. 

 

Airport Manager Jim Lynaugh stated with the increase of enplanements they have seen in the last couple of years it became obvious that we need to improve the capacity of the terminal.  They are looking at an expansion of between 8,000-10,000 square feet of terminal.  This area would be connected to the existing terminal.  The existing terminal would be remodeled to incorporate the general aviation staff to service the corporate and general aviation day to day operations.  They are proposing facilities for rental cars, possible restaurant, and housing of the TSA staff which would open the capacity for the screening and holding area just before they depart to the aircraft in the expansion.  In the remodeling of the exiting terminal, they are proposing to make the capacity of the lobby larger for the general aviation people, putting in a pilot’s lounge and vending area.  They have somewhat of a drive up type situation area now and if they enhance that for the general aviation people that would take us to the next step.  He has made trips to airports of similar size where they have done airport construction terminals to pick up ideas that will suite us the best for the size that we are looking for.  He also intends to look at a couple more in Kansas. 

 

City Manager stated that if the City Council decides that this project should be placed within the upcoming funding, listening sessions would need to be conducted involving some user groups.  No planning has taken place regarding this.  Actually, the architect is barely on board to look at this.  He believed it would be very important to involve lots of citizens who have access to the airport and we do not do these types of projects often and we want to do it right. 

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Kearney to close the hearing and approve the ½¢ Sales Tax Capital Improvement Plan for the City of Kearney, Nebraska. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

ONE AND SIX YEAR STREET IMPROVEMENT PLAN

 

Mayor Clouse opened the public hearing on the One & Six Year Street Improvement Plan and to consider approval of Resolution No. 2008-14.

 

City Engineer Bruce Grupe presented this matter to the Council. Additionally, the Department of Roads, and each county and municipality must develop and file with the Board of Public Roads Classifications and Standards a long-range, six-year plan of highway, road and street improvements based on priority of needs and calculated to contribute to the orderly development of an integrated statewide system of highways, roads, and streets.  In accordance with Section 39-2119 of the Nebraska Revised Statutes, the City of Kearney is required to submit to the Nebraska Department of Roads (NDOR) a One and Six Year Plan for street improvements prior to March 1 of each year. City Council has received the proposed plan and, in accordance with the law, must conduct a public hearing for soliciting input from the Council and citizens.

 

Mr. Grupe stated there are no changes to the plan and although they have solicited input from the public since January 26, 2008, but did not receive any comments.  They concluded that the public is happy with what has been proposed. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lammers to close the hearing and adopt the One & Six Year Street Improvement Plan and approve Resolution No. 2008-14. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2008-14

 

            WHEREAS, the City of Kearney, Nebraska is required by Section 39-2119 of the Nebraska Revised Statutes to adopt a One and Six Year Street Improvement Program.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, at a Public Hearing held at approximately 7:00 p.m. on February 12, 2008, in the Kearney City Council Chambers that the One Year City Street Plan for fiscal year ending September 30, 2009 and the Six Year City Street Plan ending September 30, 2014, are hereby adopted as listed on the Summary of One Year Plan and the Summary of Six Year Plan, marked as Exhibit “A” attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 12TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

Moved by Lammers seconded by Lear that Subsections 1 through 18 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held January 22, 2008.

 

2.         Approve the following Claims: AT&T $217.53 smcs; A-1 Cleaning $831.00 smcs; Ace Hardware $128.64 smcs; Adamson Industries $269.75 smcs; Advanced Auto Parts $114.72 smcs; Advisors Marketing $414.80 smcs; Affordable Plumbing $91.41 smcs; Aflac $2,617.08 ps; Agent Fee $20.00 smcs; Agri-Coop $20,716.00 smcs; Albright,D $24.50 smcs; All Breakers $775.25 smcs; All Star Windshield Repair $35.00 smcs; Allied Electronics $1,216.03 smcs; Alltel $6,435.92 smcs; Alpha Video $441.42 co; Amax Contracting $387.30 co; Amazon $582.33 smcs; American AI $570.20 smcs; Amer Assn of Airport $225.00 smcs; Amer Electric $264.95 smcs; Amer Flags Express $201.75 smcs; Amer Legion $283.20 smcs; Amer Red Cross $94.00 smcs; Amsan $781.22 smcs; Anderson,S $83.23 smcs; Ask Supply $702.38 smcs; Asphalt and Concrete $3,355.40 smcs; Bairdholm $2,656.25 smcs; Baker & Taylor Books $7,751.91 smcs; Baldzicki,E $50.00 smcs; Barco Municipal $869.27 smcs; Barcodes $100.00 smcs; Barker,R $9.84 smcs; Barney Abstract $300.00 smcs,co; BBC Audiobooks $266.09 smcs; Benson,G $63.26 co; Bert Gurney & Associates $2,148.46 smcs; Bestbuycom $32.09 smcs; Bill's Trailer Sales $35.00 smcs; Bishop Radiant Heating $200.25 smcs; Bluecross Blueshield $100,932.64 smcs; Board of Engineers $100.00 smcs; Bobs Super Store $97.77 smcs,ps; Bosselman Energy $6,219.98 smcs; Brill,K $35.00 smcs; Brilliance Audio $90.38 smcs; Britton, J $44.21 smcs; Broadfoot's $35.00 smcs; Brodart $84.52 smcs; Buffalo Co Court $224.23 ps; Buffalo Co Treasurer $34.00 co; Buggy Bath Car Wash $8.50 smcs; Builders Warehouse $2,783.78 smcs,co; Business Office Systems $23.00 smcs; Cabela's $94.90 smcs; Cadex Electronix $370.00 smcs; Camera Doctor $124.00 smcs; Capital Bank & Trust $192.30 ps; Carquest $1,017.38 smcs; Cash Wa $151.10 smcs; CDW Government $9,100.20 smcs,co; Centaur Enterprises $105.31 smcs; Central Auto Electric $371.25 smcs; Central Contracting $26,896.50 co; Central District Health $2,786.00 smcs; Central Hydraulic Systems $1,789.86 smcs; Central NE Bobcat $165.07 smcs; Cerise,Z $40.00 smcs; Charlesworth & Associates $472.50 smcs; Charter $263.99 smcs; City of Ky $22,005.22 smcs,co,ps; Classen,L $40.00 smcs; Clevenger Petroleum $2,463.00 smcs; College Savings Plan of NE $75.00 ps; Computer Warehouse #4 $92.97 smcs; Connecting Threads $19.27 smcs; Construction Rental $805.61 smcs,co; Copycat Printing $791.21 smcs; Corp Doc & Print $329.21 smcs; Courtney,E $9.17 smcs; Cox,B $40.00 smcs; Crogan,R $11.76 smcs; Crossroads Ford $19.28 smcs; Culligan $901.50 smcs; Cummins Central Power $602.10 smcs; D&S Lighting $281.13 smcs; Dan Roeder Concrete $10,000.00 co; David,S $21.35 smcs; Dawson Co PPD $10,400.35 smcs; Dell $5,617.15 smcs,co; Demco $252.37 smcs; Denver Post $117.00 smcs; Depco Pump $57.61 smcs; Depository Trust $1,194,581.62 ds; Displays 2 Go $40.33 smcs; Double M Farms $2,000.00 smcs; DRI Farstone Tech $140.94 co; Dultmeier Sales $255.05 smcs; Dutton-Lainson $325.22 smcs,co; Eakes $1,828.14 smcs; Ecolab $30.00 smcs; Ed Broadfoot & Sons $1,656.00 co; Eickhoff,B $12.00 ps; Eirich,T $50.00 smcs; Elliott Equipment $28,218.44 smcs,co; Ellis,S $14.42 smcs; Elvin Safety Supply $757.11 smcs; Embassy Suites $1,211.63 smcs; EMC Insurance $688.10 smcs; Engel,D $23.55 smcs; Eriksen Construction $43,401.20 co; F&S Supply $539.16 smcs; Fairbanks $661.97 smcs; Farmers Union $944.82 smcs; Fastenal $2,004.32 smcs,co; Firecom $202.38 smcs; Fireguard $2,322.03 smcs; Fisher,S $36.50 smcs; Fleetpride $950.91 smcs; Force America $969.93 smcs; Fred Pryor/Careertrack $158.00 smcs; Frontier $495.09 smcs; Full Tilt Management $1,155.00 smcs; Fulmer,R $16.84 smcs; Gale $465.55 smcs; Galls $311.99 smcs; Garden,J $20.00 smcs; Garrett Tires $2,536.87 smcs; Gaylord Brothers $1,718.42 smcs.co; GE Money Bank $137.11 smcs; Gerlach,M $44.35 smcs; Goodwill Industries $2,000.00 smcs; Goody Square $298.00 smcs; Gopher $1,189.33 smcs; Graham Tire $105.22 smcs; Grainger $549.81 smcs,co; Great Amer Outdoor $307.77 smcs; Griffith,B $28.42 smcs; Gudmundson,E $15.27 smcs; Guideposts $33.88 smcs; Hach $1,336.10 smcs; Harpster,N $40.43 smcs; Harter,A $107.90 smcs; Hastings $30.00 smcs; HD Supply Waterworks $8,063.40 smcs; Heggenmeyer, Loren $40.66 smcs; Highsmith $1,453.78 smcs; Hill, Dennis $10.53 smcs; HiTech $260.00 co; Holmes Plumbing $1,447.08 smcs,co; Hometown Leasing $248.23 smcs; Houston,T $55.00 smcs; Hydrite Chemical $1,551.30 smcs; Hydro Tech $384.00 smcs; Hydrologic $175.00 smcs; IA, NE, SD Prima $40.00 smcs; ICMA RC $2,705.01 ps; INF Polk Directories $271.90 smcs; Inland Truck Parts $309.01 smcs; IRS $99,413.80 ps; Int'l Assn of Police Chiefs $120.00 smcs; Isaac,B $28.04 ps; Island Supply $603.48 smcs; Iteris $1,802.50 smcs; Jack Lederman $84.00 smcs; Jelinek,T $58.50 smcs; Johnson,J $31.09 smcs; Johnson,S $56.53 smcs; Johnstone Supply $64.79 smcs; JRM $334.58 smcs; K&K Parts $855.86 smcs; Kayton Electric $23,196.13 co; Ky Area United Way $824.90 ps; Ky Centre $10.70 smcs; Ky Chamber Commerce $28.00 smcs; Ky Concrete $289.38 smcs; Ky Crete $11.52 smcs; Ky Glass $51.25 smcs; Ky Hub $708.20 smcs; Ky Humane Society $2,400.00 smcs; Ky Implement $2,706.67 smcs; Ky State Bank $17.16 smcs; Ky Warehouse $48.28 smcs; Ky Winlectric $415.54 smcs,co; Killion Motors $190.50 smcs; Kirkham Michael $11,559.81 co; Kirkwood,M $912.52 smcs; Koch,B $40.00 smcs; Konica Minolta $188.21 smcs; Kowalek,G $22.78 smcs; Kucera Painting $1,850.00 co; Labsafe $342.98 smcs; Lauby,S $10.16 smcs; Law Enf Intelligence $519.50 smcs; Law Enf Training $180.00 smcs; Lawson Products $263.17 smcs; Lewis,N $134.00 smcs; Lewison,T $22.28 smcs; Lincoln Truck Center $59.66 smcs; Linweld $151.20 smcs; Little Caesars $35.00 smcs; Lockmobile $36.27 smcs; LT Navigo Wireless $630.50 smcs,co; Lukawiewicz,B $32.58 smcs; Mac Tools $61.18 smcs; Magic Cleaning $250.00 smcs; Mahaffay, Dennis $89.23 smcs; Mail Express $144.95 smcs; Maines Electric $227.50 smcs; Manary,M $32.51 smcs; Marguia,T $37.84 smcs; Marlatt Machine Shop $110,576.10 smcs,co; McNeilus Truck $188,251.00 co; Menards $2,044.38 smcs; Meteorlogix $599.93 er; Metlife $5,719.81 ps; Michael Todd $588.81 smcs; Mid-America Pump $7,934.50 smcs; Middleton Electric $4,215.16 smcs; Midland Molding $9.00 smcs; Midlands Contracting $46,224.32 co; Midwest Turf $901.74 smcs; Miller & Associates $6,085.21 co; Miller Signs $137.60 smcs; Miller,H $79.78 smcs; Miller,M $16.84 smcs; Minitex $2,304.00 smcs; Miracle Recreation $146.02 smcs; Montano,X $7.53 smcs; Moonlight Embroidery $1,054.50 smcs; Morgan,M $58.00 smcs; Moriarty,M $18.01 smcs; Morris Press $505.90 smcs; Moss & Barnett $280.00 smcs; Mr. Automotive $1,263.14 smcs; Munch,J $64.00 smcs; Murphy Tractor $629.77 smcs; Napa $1,768.99 smcs; NE All Battery $416.80 smcs; NE Aviation Council $95.00 smcs; NE Child Support $2,252.35 ps; NE City Managers Assn $50.00 smcs; NE Community Foundation $1,500.00 smcs; NE Dept of Revenue $82,819.38 smcs,ps; NE DOL/Boiler Inspection $12.00 smcs; NE Economic Developers $150.00 smcs; NE Library Commisssion $1,500.00 smcs; NE Truck Center $1,267.87 smcs; NEland Conference $145.00 smcs; Neopost $8,000.00 smcs; Neweggcom $289.08 co; Newman Signs $43.47 smcs; NGCSA $225.00 smcs; NIEC $70.00 smcs; NMC $55.20 smcs; North Central Labs $510.96 smcs; North Coast Ford $659.09 smcs; Northwestern Energy $23,397.89 smcs; Novus $31.50 smcs; NRPA $510.00 smcs; NWA Air $266.10 smcs; Office Depot $1,183.81 smcs; Office Max $986.20 smcs,co; Officenet $370.80 smcs; Olson,L $205.73 smcs; O'Reilly Auto $868.77 smcs; Oriental Trading $301.65 smcs; Orscheln $550.62 smcs,co; Outdoor Recreation $2,023.00 co; Overhead Door $511.68 smcs; Oxford University Press $76.85 smcs; Paramount Linen $242.31 smcs; Park Supply of America $137.72 smcs; Party America $19.73 smcs; Payflex Systems $1,220.75 smcs,ps; Payne,R $10.13 smcs; Perkins $282.35 smcs; Petersen,R $64.00 smcs; Pizza Hut $158.46 smcs; Planner Pads $101.48 smcs; Platte Valley Comm $807.88 smcs; Precor $46.79 smcs; Premier Contractors $30.24 smcs; Presto-X $78.00 smcs; Priority Management $95.70 co; Protex Central $91.00 smcs; Quituqua,S $19.19 smcs; R&R Products $345.64 smcs; RW Sorensen Construction $100.00 co; Radioshack $159.95 smcsRainbow Book $3,422.45 smcs; Random House $598.63 smcs; Recognition Unlimited $100.24 smcs; Remington Arms $600.00 smcs; Riley,D $21.45 smcs; Rivershore Reading Store $349.00 smcs; Roderhorst,R $26.73 smcs; Roper's Radiator $92.50 smcs; Run-N-Iron Customizing $150.00 smcs; Russells Appliance $50.00 smcs; Rylind Industries $826.00 smcs; Sahling Kenworth $1,092.11 smcs; Saw,A $108.54 smcs; Scheer,K $16.00 smcs; Schmidt Engineering $860.04 smcs; Schutte,O $11.25 smcs; Segura,C $126.60 smcs; Sensorcom $131.27 smcs; Sesna,D $16.19 smcs; Sherwin,E $8.56 smcs; Sherwin-Williams $361.38 smcs; Showcases $1,608.08 smcs; Sign Center $350.00 co; Signature Construction $80.25 smcs; Signwarehousecom $87.93 smcs; Sixth Street Self Storage $82.50 smcs; Snap-On Tools $96.30 smcs; Sobotka,J $23.98 smcs; Softchoice $520.94 co; Solid Waste Agency $85,223.29 smcs; St of NE/DAS Comm $19.17 smcs; St of NE/HHS Lab $24.00 smcs; Stocker,K $70.50 smcs; Sun Life Financial $23,763.31 smcs; Sunmart $57.23 smcs; Swanson,K $24.50 smcs; Sydow,J $40.00 smcs; Target $298.00 smcs; Telephone Systems $22.46 smcs; Thames,S $37.19 smcs; Thompson,J $40.00 smcs; Tigerdirect $134.15 smcs; Tractor-Supply $982.05 smcs; Trade Association $1,900.00 smcs; Tri City Outdoor Power $610.56 smcs; Tye & Rademacher $10,526.08 smcs; United Rentals $483.74 smcs; University of NE/Lincoln $150.00 smcs; University of NE/Pesticide $200.00 smcs; UNK/Human Resources $157.40 smcs; UNL Center Applied Rural $50.00 smcs; UNO School of Public Adm $195.00 smcs; Uphoff,M $32.49 smcs; UPS Store $10.62 smcs; US Plastics $25.58 smcs; USPS $96.46 smcs; Valk Manufacturing $8,636.86 smcs; Vasquez,R $12.65 smcs; Village Profile $495.00 smcs; Village Uniform $466.38 smcs; Vreault,G $19.30 smcs; Walgreens $26.69 smcs; Wal-mart $1,171.12 smcs,co; Walters Electric $31,960.00 co; Warped Sportz $24.00 smcs; Wastecorp Pumps $1,731.74 smcs; Watchguard $20,080.00 co; Wegner,S $70.00 smcs; Wilke Donovans True Value $387.12 smcs,co; Wilkins Hinrichs Stober $10,066.00 co; Williams,M $61.36 smcs; Wingate Inn $149.90 smcs; Wolfe,B $6.15 smcs; Xpressmyself $84.15 smcs; Young,M $1,180.74 smcs; Zeller Construction $10.15 smcs; Zimmerman Printers $338.50 smcs; Payroll Ending 2-2-2008 -- $283,051.16.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve Change Order No. 3 showing an increase in the amount of $20,132.30 submitted by Kayton Electric, Inc. and approved by Kirkham Michael Consulting Engineers in connection with the Kearney Lighting Project - Runway 13/31, Taxiway 'B', 'C', 'D', 'E', and 'F' (AIP Project: 3-31-0045-17) and approve Resolution No. 2008-15.

 

RESOLUTION NO. 2008-15

 

WHEREAS, Kayton Electric Inc. has performed services in connection with the Kearney Lighting Project - Runway 13/31, Taxiway 'B', 'C', 'D', 'E', and 'F' (AIP Project: 3-31-0045-17) at the Kearney Regional Airport, and have filed Change Order No. 3 showing an increase to the contract sum in the amount of $20,132.30, as shown on Exhibit “A”, attached hereto and made a part hereof by reference:

 

Original Contract Sum

$436,557.30

            Change Order No. 1 (1-9-2007)

Increase working days to 65 from 50

Spring start date of April 2, 2007 for airfield construction

 

 

0.00

            Change Order No. 2 (3-27-2007)

+    7,233.00

            Change Order No. 3 (2-12-2008)

+  20,132.30

Contract Sum To Date

$463,922.60

 

            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. 3 as shown on Exhibit “A” be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 12TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

4.         Approve the application for a Special Designated License submitted by ALLEY ROSE INC. OF KEARNEY, dba "Alley Rose" in connection with their Class IK-21763 catering liquor license to dispense beer, wine and distilled spirits in the Exhibit Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on March 1, 2008 from 6:00 p.m. until 12:00 a.m. for an appreciation reception.

 

5.         Approve the application submitted by Ronald Huss to extend Conditional Use Permit No. 1978-01 to locate a manufactured home for security purposes located at 1202 West 19th Street for a period of one year.

 

6.         Approve the application submitted by Ronald Huss to extend Conditional Use Permit No. 2006-03 to stockpile snow and manure at 1202 West 19th Street for a period of one year.

 

7.         Approve the Consultant Agreement between the City of Kearney and Miller & Associates for preliminary engineering services for Project No. SRTS-10(61); the “Kearney Kids Safe Trek to School” project and approve Resolution No. 2008-16.

 

RESOLUTION NO. 2008-16

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Mayor be and is hereby authorized and directed to execute the Consultant Agreement between the City of Kearney and Miller & Associates for Project No. SRTS-10(61) consisting of services for infrastructure improvement for new sidewalks in the Kenwood Elementary and the placement of digital speed readers. A copy of the said Consultant Agreement, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 12TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

8.         Accept the report from the City Clerk on the insufficiency of objection/protest filed in connection with Ordinance No. 7404 creating Paving Improvement District No. 2007-920 for the alley lying between 24th Street to 25th Street from 1st Avenue to 2nd Avenue.

 

9.         Approve the Plans and Specifications for the construction of the E.K. & Mary Yanney Heritage Park North Parking Lot Addition and set the bid opening date for March 4, 2008 at 2:00 p.m.

 

10.        Approve Change Order No. 1 showing an increase in the amount of $1,897.00 and an additional 94 days to the contract time submitted by Central Contracting and approved by Miller & Associates for the Kearney Area Landfill Tipping Station and approve Resolution No. 2008-17.

 

RESOLUTION NO. 2008-17

 

WHEREAS, Central Contracting Corporation has performed services in connection with the Kearney Area Landfill Tipping Station, and the City's engineer, Miller & Associates, have filed Change Order No. 1 showing an increase to the contract sum in the amount of $1,897.00 plus an additional 94 days to the contract time, as shown on Exhibit “A”, attached hereto and made a part hereof by reference:

 

Original Contract Sum

$444,470.00

 

            Change Order No. 1 (2-12-2008)

            Plus an Additional 94 days

 

1,897.00                                                          

 

Contract Sum To Date

 

$446,367.00

 

            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. 1 as shown on Exhibit “A” be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 12TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

11.        Approve the recommendation from the Utilities Department on the purchase from Air Power of Nebraska Inc. of Omaha, Nebraska in the amount of $35,068.00 for a trailer mounted generator to be used in the Wastewater Treatment Division.

 

12.        Approve the request submitted by Kelly Rapp to extend the filing date until March 12, 2008 for filing the final plat for Park View Estates Fourth, an addition to the City of Kearney, Buffalo County, Nebraska (east of 11th Avenue, west of 9th Avenue and south of 11th Street).

 

13.        Approve the recommendation from the Utilities Department on the purchase of various Water Distribution Division Supplies from Municipal Supply of Hastings, Nebraska in the amount of $49,451.70 and to Advanced Valve Technologies of Blue Island, Illinois in the amount of $22,676.00.

 

14.        Accept the Warranty Deed between the City of Kearney and Holiday Oil Company, Inc. for a tract of land being part of Lot 1 of Block 1, Crest View Place, a subdivision to the City of Kearney, Buffalo County, Nebraska in connection with the 2007 Part I Improvements - 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2008-18.

 

RESOLUTION NO. 2008-18

 

            WHEREAS, City Council authorized the City Manager and City Attorney to acquire a tract of property described as being part of Lot 1, Block 1, "CREST VIEW PLACE", a Subdivision to the City of Kearney, Buffalo County, Nebraska, and being more particularly described as follows: Beginning at the Southeast Corner of Lot 1, Block 1, said point being on the North line of 39th Street, a street in the City of Kearney, thence Northerly on the East line of said Lot 1, Block 1 a distance of 4.0 feet; thence Westerly and parallel with the North line of said 39th Street a distance of 98.59 feet; thence on a 30.0 foot radius curve to the right forming a central angle of 37°17'04" a chord distance of 19.18 feet to a point on the West line of Lot 1, Block 1, said point being on the East line of Central Avenue, a street in the City of Kearney, thence southerly on the East line of said Central Avenue a distance of 10.13 feet to the Southwest Corner of Lot 1, Block 1; thence Easterly on the North line of 39th Street a distance of 116.75 feet to the Southeast Corner of Lot 1, Block 1 and the point of beginning, containing 503 Sq. Ft. (0.01 Acres) more or less, all in Buffalo County, Nebraska; and

            WHEREAS, Holiday Oil Company, Inc. has granted to the City of Kearney a Warranty Deed for a tract of property described as being part of Lot 1, Block 1, "CREST VIEW PLACE", a Subdivision to the City of Kearney, Buffalo County, Nebraska, and being more particularly described as follows: Beginning at the Southeast Corner of Lot 1, Block 1, said point being on the North line of 39th Street, a street in the City of Kearney, thence Northerly on the East line of said Lot 1, Block 1 a distance of 4.0 feet; thence Westerly and parallel with the North line of said 39th Street a distance of 98.59 feet; thence on a 30.0 foot radius curve to the right forming a central angle of 37°17'04" a chord distance of 19.18 feet to a point on the West line of Lot 1, Block 1, said point being on the East line of Central Avenue, a street in the City of Kearney, thence southerly on the East line of said Central Avenue a distance of 10.13 feet to the Southwest Corner of Lot 1, Block 1; thence Easterly on the North line of 39th Street a distance of 116.75 feet to the Southeast Corner of Lot 1, Block 1 and the point of beginning, containing 503 Sq. Ft. (0.01 Acres) more or less, all in Buffalo County, Nebraska.

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

            PASSED AND APPROVED THIS 12TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

15.        Accept the Permanent Right-of-Way Easement granted to the City of Kearney by Holiday Oil Company, Inc. for a tract of land being part of Lot 1 of Block 1, Crest View Place, a subdivision to the City of Kearney, Buffalo County, Nebraska in connection with the 2007 Part I Improvements - 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition and approve Resolution No. 2008-19.

 

RESOLUTION NO. 2008-19

 

            WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in real property by purchase or eminent domain to do so only after the City Council has authorized the acquisition by action taken in a public meeting after notice and public hearing; and

            WHEREAS, the City Council has held a public hearing upon the proposed acquisitions in connection with the 2007 Part I Improvements – 39th Street and 2nd Avenue Traffic Signalization and Turn Lane Improvements consisting of Paving Improvement District No. 2006-908 for 39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition; and

            WHEREAS, Holiday Oil Company, Inc. has granted to the City of Kearney, Nebraska a Permanent Right-of-Way Easement on the following tract of property: A tract of land being a tract of property described as being part of Lot 1, Block 1, "CREST VIEW PLACE", a Subdivision to the City of Kearney, Buffalo County, Nebraska, and being more particularly described as follows: Beginning at the Southeast Corner of Lot 1, Block 1, said point being on the North line of 39th Street, a street in the City of Kearney, thence Northerly on the East line of said Lot 1, Block 1 a distance of 4.0 feet; thence Westerly and parallel with the North line of said 39th Street a distance of 98.59 feet; thence on a 30.0 foot radius curve to the right forming a central angle of 37°17'04" a chord distance of 19.18 feet to a point on the West line of Lot 1, Block 1, said point being on the East line of Central Avenue, a street in the City of Kearney, thence southerly on the East line of said Central Avenue a distance of 10.13 feet to the Southwest Corner of Lot 1, Block 1; thence Easterly on the North line of 39th Street a distance of 116.75 feet to the Southeast Corner of Lot 1, Block 1 and the point of beginning, containing 503 Sq. Ft. (0.01 Acres) more or less, all in Buffalo County, Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Permanent Right-of-Way Easement granted by Holiday Oil Company, Inc. to the City of Kearney be and are hereby approved and accepted.

            PASSED AND APPROVED THIS 12TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

16.        Approve the Plans and Specifications for the construction of Airport Road and set the bid opening date for March 4, 2008 at 2:00 p.m.

 

17.        Approve the appointment of Bruce Lear to serve on the Buffalo County Economic Development Council.

 

18.        Approve the appointment of Management Assistant Luke Olson as ADA Coordinator for the City of Kearney and approve Resolution No. 2008-20.

 

RESOLUTION NO. 2008-20

 

            WHEREAS, the Americans with Disabilities Act (ADA) was enacted on July 26, 1990 which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services and programs, and telecommunications; and

            WHEREAS, Title II regulations of the ADA require that all public entities with 50 or more employees designate at least one employee to coordinate compliance with ADA; and

            WHEREAS, the requirement for designation of a particular employee and dissemination of information about how to locate that employee helps to ensure that individuals dealing with large agencies are able to easily find a responsible person who is familiar with the requirements of the Act and to communicate those requirements to other individuals in the agency who may be unaware of their responsibilities.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that Luke Olson, Management Assistant under the supervision of the City Manager, be and is hereby appointed as the ADA Coordinator for the City of Kearney.

            PASSED AND APPROVED THIS 12TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7414 – REZONING FOR 1719 3RD AVENUE (PERTAINS TO PUBLIC HEARING 1)

 

Council Member Lear introduced Ordinance No. 7414, being Subsection 1 of Agenda Item VI to rezone from “District R-3, Urban Residential Multi-Family District (Medium Density)” to “District C-O/PD, Office District/Planned Development Overlay District” property described as Lot 2 of Block 9, Kearney Land and Investment Company’s First Addition to the City of Kearney, Buffalo County, Nebraska (1719 3rd Avenue), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7414 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Clouse that Ordinance No. 7414 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7414 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.

 

ANNUAL FINANCIAL AUDIT

 

Mayor Clouse opened for discussion the City of Kearney Annual Financial Report prepared by the accounting firm of McDermott & Miller.

 

Mary Kalb from McDermott & Miller presented this matter to the Council. Finance Director Wendell Wessels prepares this report except for the opinions and the federal schedules that are included.  This is the fifth year of the GASB presentation which means it is presented as closely as a regular business as possible unlike the way it used to be. 

 

Ms. Kalb reported on how the net assets have changed over the last five years. The City of Kearney net assets (all assets combined) have an average increase of 8.6 percent which is excellent. The total revenue increase has been 3.9 percent per year over that 5-year period. The expenses have only increased 3.2 percent for that same period. The property taxes average about 4.4 percent of revenue per year. The other taxes (mainly sales and occupation tax) average 22.6 percent of the City’s revenue.  The federal funds vary quite a bit every year. This year they were $2.2 million compared to $3.3 million, but this year the DEQ (Department of Environmental Quality) provided about fifty percent of that total and it changes each year depending on projects. Often times the Airport or the Department of Roads is a big contributor to those funds. 

 

Ms. Kalb stated that there was a little different terminology used in their opinions this year. In prior years, it was called a “reportable condition” and is now called a “significant deficiency”. These terms mean basically the same thing, but people have questioned if this is more serious or a change, which it is not for the City of Kearney.  The City continues to have a very good system, although they do report a lack of segregation of duties only because Mr. Wessels and the Finance Department continue to be efficient and do increasing amounts of work with the same number of people year after year.  In her occupation, there is continued effort to focus more on manager’s and auditor’s efforts to detect fraud or to keep it from happening.  Even though there will be some changes with the auditor’s standards coming in next year, Ms. Kalb did not see that changing much for the City of Kearney.  She commended Mr. Wessels for always trying to incorporate different procedures to limit the chances of any fraudulent things happening.  It is common to see things that he has written up or procedures that he has put in place to keep that integrity high. Mr. Wessels, his people and the management at the City do an excellent job.  Her closing comments were good job and well done. 

 

Moved by Clouse seconded by Kearney to accept the City of Kearney Annual Financial Report prepared by the accounting firm of McDermott & Miller. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

AGREEMENT AND LEASE FOR BASEBALL BUILDING AT MEMORIAL FIELD

 

Mayor Clouse opened for discussion the Building Agreement and Lease between the City of Kearney and the University of Nebraska at Kearney Loper Athletic Club for the construction of a baseball building located at Memorial Field and to consider approval of Resolution No. 2008-21.

 

The Loper Athletic Club and the Kearney Park and Recreation Department have been working on an Agreement to construct a building at Memorial Field to house offices, a weight room, and a batting area with the primary tenant to be the UNK baseball program. The Loper Athletic Club has identified donors who are interested in paying to construct a building at Memorial Field for the benefit of the UNK baseball program as well as for the promotion of youth baseball in the City of Kearney.

 

In an effort to define the City’s responsibilities as well as that of the Loper Athletic Club, the attached Agreement has been prepared to be entered into between the City of Kearney and the Loper Athletic Club. This Agreement has been reviewed by the City Attorney as well as by legal counsel for the Loper Athletic Club. The Agreement indicates that all of the money needed to construct the building will be raised by the Club and that the building will be built pursuant to City standards and City Code. The UNK baseball program will be the primary tenant in this building and will be responsible for all interior maintenance and utilities. The City of Kearney would be responsible for insuring the building and doing exterior maintenance. The UNK baseball program would be the primary tenant for 25 years and has also committed to making the building available for use by youth baseball teams and other user groups. The groups will be required to provide their own liability coverage. Locating this building at Memorial Field will be beneficial to both the UNK baseball program as well as youth baseball in the City of Kearney and is another example of the ongoing cooperative efforts between the City of Kearney and UNK.

 

UNK Athletic Director Jon McBride presented this matter to the Council. There is a relationship between the City and UNK athletics (in particular) that often does not get enough limelight. He has an opportunity to travel around the country and talk to a lot of colleges and see a lot of operations in different cities. The spirit of cooperation here in Kearney needs to be commended because it does not happen everywhere.  All of their different UNK sporting teams use City facilities. It is a great relationship and without that cooperation they would have to be looking at facilities.  In this day and age it is tough enough to come up with the funding for a lot of these events.  It would be very difficult to put a price tag on the services that the City provides to UNK athletics.  It is noted from their stand point and noted from their colleagues from around the country that see the spirit of cooperation.  As they play events in Kearney and see the City staff helping them maintain the fields, taking care of events and making the national championships and the RMAC championships are the best they can be. 

 

He expressed their appreciation to the City staff and the City Attorney Mike Tye for this unique agreement.  It was a collaboration with Mike Tye, Dan Behinsky, lawyer for the Loper Athletic Club, and counsel for the UNK system.  There have been a lot of donations from private sources that will fund this project.  This project will not cost any City, State or University dollars.  It will all be built from donations at Memorial Field which is on City property.  It will be a facility that will improve Memorial Field and the baseball playing facilities in this City.  It will also be a big step forward for the UNK baseball operations, as well as a big benefit for the City of Kearney and the youth in this community. The money has been raised through private donations to fund this project and they want to have the say in how the building is used from a baseball standpoint.  They will have offices for their staff that will help run that building.  They will also allow the youth of this community to use that facility.   Kearney Little League was a player in the funding process and will be able to use the facility on a year round basis. 

 

Coach Day and his staff will also help run the facility on a daily basis.  Coach Day will work closely with the City on the building through the whole project.  Once the facility is completed it will be on the City’s maintenance schedule and on some insurance records.  The interior equipment that UNK athletics puts in the facility will be maintained and insured by them and they will pay the utilities.  This project has been postponed several times to ensure that they have researched and planned this project to the best of their ability.  

 

Baseball Coach Damon Day stated the indoor batting case is a multi use thing, two tunnels to eight tunnels, interchangeable netting system.  This is an area that youth can use when it is too cold outside.  There will be some pitching machines in some areas, there will be some T’s in some areas with different stations set up.  This will be in addition to what is already in existence that the Legion and UNK have been using.  This will be a great addition to this facility.  The scheduling will allow for plenty of time for Little League during the summer and winter months to have an allotment of time that are feasible for all three user groups.  They have had preliminary talks with Ken Roth and Neal Lewis and their staff as far as priorities throughout the year for each user group to ensure they have adequate time.  That was a priority at the beginning to make sure the facility is usable by all.

 

Council member Buschkoetter stated UNK has done a good job and there has been a lot of cooperation with the Little League Board and groups.  He believed that this facility will go a long way to bring together players from Little League though UNK.  They have put together a good schedule in terms of being able to share the facilities.  This does not replace what the Little League has at Dryden Park, etc.  This gives an opportunity to practice during the winter months if they choose to do so.

 

Moved by Kearney seconded by Lammers to approve the Building Agreement and Lease between the City of Kearney and the University of Nebraska at Kearney Loper Athletic Club for the construction of a baseball building located at Memorial Field and approve Resolution No. 2008-21. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2008-21

 

            WHEREAS, the University of Nebraska at Kearney Loper Athletic Club wishes to construct this building at Memorial Field which is owned and maintained by the City of Kearney; and

            WHEREAS, the City of Kearney agrees that said building may be constructed at Memorial Field and that it will be made part of Memorial Field for the purposes of maintenance and insurance once said building is completed; and

            WHEREAS, the parties desire to enter into this Agreement to more specifically define and determine the responsibilities inherent in planning, development, construction, equipping and the operation and management of the building to the benefit of the UNK Baseball program as well as to the City of Kearney.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Building Agreement and Lease between the City of Kearney and the University of Nebraska at Kearney Loper Athletic Club be and is hereby accepted and approved. A copy of said Building Agreement and Lease, marked as Exhibit “A”, is attached hereto and made a part hereof by reference.

            BE IT FURTHER RESOLVED that the City Manager be and is hereby authorized and directed to execute said Building Agreement and Lease on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 12TH DAY OF FEBRUARY, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

OPEN ACCOUNT CLAIMS: PLATTE VALLEY STATE BANK - $42,786.41, NPPD - $56,052.52, SCHOOL DISTRICT #7 - $5,172.60

 

Moved by Lammers seconded by Buschkoetter that Open Account Claims in the amount of $42,786.41 payable to Platte Valley State Bank, and in the amount of $56,052.52 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Lammers, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained. Motion carried.

 

Moved by Lear seconded by Clouse that Open Account Claims in the amount of $5,172.60 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Clouse, Kearney, Lear. Nay: None. Buschkoetter and Lammers abstained. Motion carried.

 

VII.    REPORTS

 

UPDATE ON CLEAN AIR ACT

 

Assistant City Manager Amber Brown stated that as LB395 stands today, it still provides for the opt-out.  The bill does state that any city of the metropolitan class (Lincoln and Omaha) if they have a clean air ordinance in effect on January 1, 2007 that ordinance will supersede this bill that is currently in the legislature until June 1, 2009.  The provisions of the bill are different from last year showing how you can get the opt-out done in your community.  It states that the governing body of the city, village, or county or the voters of any city, village or unincorporated area of the county (out lying areas) may adopt a non-smoking ordinance or resolution that is less or more stringent.  It states that the adoption of the ordinance can be done by a vote of the governing body or by a vote of the people.  A first or second class city or village which has not adopted an ordinance prior to this bill becoming law in regulation with how it is provided for in this law is invalid. 

 

City Manager stated his concern about how a county could supersede a first class city.  This could cause a conflict between the county and cities. This was unusual that a county could supersede a city. Ms. Brown stated that in this bill it is saying that the county actually has the right to supersede city government.  The bill is out of committee and is on “select file” with a couple of minor amendments done to it.  In light of what the City of Grand Island is doing at there meeting tonight, she was not sure how that will affect the bill.  There are rumors that the opt-out provision might be taken off by some amendments, but has not shown up yet. 

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Kearney that Council adjourn at 8:14 p.m. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

                                                                                    STANLEY A. CLOUSE

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK