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Kearney, Nebraska

March 11, 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 March 11, 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 and Bob Lammers. Absent: Bruce Lear.  Michael Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Rod Wiederspan, Director of Public Works; and Luke Olson, Management Assistant were also present. Some of the citizens present in the audience included: Craig Bennett, Marlo Johnson, Lance Lang, Dan Lynch, Luke Olson, Bill Oldfather, Tom Urbanek, Nathan Garst, Robert Cook, Greg Barney, Holly Klasson, Ron Pickle, Paul Brungardt, Sara Giboney from Kearney Hub, Steve Altmaier from KGFW Radio.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Pastor Sam Rathod from Faith United Methodist 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

 

Mayor Clouse read and presented a Proclamation to UNK Athletic Director Jon McBride.  The Proclamation recognizes Kearney as the home of the 2008 NCAA Division II Women’s Basketball Elite Eight.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING EAST OF AVENUE M, WEST OF ANTELOPE AVENUE AND NORTH OF 11TH STREET

 

Public Hearings 1, 2 and 3 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Robert G. Cook (Owner) to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of the South Half of the Southeast Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 8.21 acres, more or less, Buffalo County, Nebraska (east of Avenue M, west of Antelope Avenue and north of 11th Street). Planning Commission recommended approval.

 

The applicant is requesting approval to rezone and plat a tract of land that is approximately 8.21 acres to create a seven-lot subdivision for light industrial use. The property is located approximately ½ mile east of Avenue M on the north side of 11th Street.  A portion of this property is currently platted as the east 24 feet of Lot 18, Lot 19 and 20, Block 22 of Cruser and Davies Addition.  Proposed Lot 1 contains an existing building that was originally moved to the site as an agricultural building. The Owner would like to move a second building to the property and is in the process of doing so. City staff advised him that the property needs to be rezoned and subdivided to accommodate the second building and future development. The second building will be located on proposed Lot 2. A foundation for the second building is in place.

 

The east 24 feet of Lot 18, Lot 19 and 20, Block 22 of Cruser and Davies Addition are proposed for vacation.  The land can then be replatted as East Cook Subdivision.

 

This property is currently zoned AG, Agricultural District. The rezoning request is for District M-1, Limited Industrial District. The adjacent property to the west is zoned M-1. The surrounding undeveloped property is zoned agricultural. The Future Land Use Map of the City of Kearney Comprehensive Development Plan shows this area to be “Mixed Use 3” and M-1 is a conforming zoning district for this land use type.

 

The applicant proposes a seven-lot subdivision to be known as East Cook Subdivision. As previously mentioned, there is an existing building on proposed Lot 1 at the east end of the property and a foundation for a second building on proposed Lot 2. The Preliminary Plat was approved by Planning Commission on February 15, 2008.

 

A Subdivision Agreement is included that addresses the following development issues:

1.       Access to Lots 1 and 2 from 11th Street can be maintained at the existing location until such time as 11th Street is paved.

2.       When 11th Street is paved Owner agrees to close the existing access point since it is too close to the intersection of future Avenue U and 11th Street. Owner agrees to construct a concrete approach to City specifications from 11th Street edge of paving to a point 60 feet north of the centerline of 11th street at the location shown on the Final Plat.  This location is a shared access for lots 1 and 2 and will ultimately be the east access for a frontage road along all seven lots.

3.       When 11th Street is widened to four lanes, Owner or future Owner(s) agree to pay all assessments levied against the seven lots.

4.       Construction of the private frontage road, municipal water mains and sanitary sewer mains depends on the order in which the remainder of the lots is developed. The fourth lot to be developed triggers all the improvements. If Lot 3 is the third lot to develop, Owner agrees to extend the frontage road across Lot 3 to the west property line. If Lot 4 develops next, as the fourth lot, all improvements shall be completed for the frontage road across all seven lots plus the water and sewer mains. If development shifts to the west end and Lot 7 is the third lot to be developed a concrete approach constructed to the same standards as the east access shall be constructed at the location shown on the Final Plat shared by Lots 6 and 7. The next lot to develop would be the fourth lot and all improvements would be built.

5.       The frontage road, water main and sewer main will be located within the “access/sewer/ water easement” shown on the Final Plat and Public Works Plan.

6.       The frontage road will be paved with either asphalt or concrete and will be 25 feet in width. The approaches at either end will be constructed to city specifications within the public right-of-way of 11th Street and an additional 10 feet.

7.       At such time as the east 33 feet of right-of-way for future Avenue U is dedicated to the City, Owner agrees that the 33-foot wide “easement for future roadway purposes” abutting proposed Lot 1 as shown on the Final Plat shall automatically be dedicated as public road right-of-way to the City, at no cost to the City, for purposes of constructing Avenue U. In the interim, Owner agrees not to encumber said easement with any permanent structures.

8.       Owner agrees to waive any rights of protest for future improvement districts for City paving, water or sewer in Avenue U or 11th Street.

9.       Owner agrees that stormwater management is required and plans must be approved by the City Engineer prior to issuance of any building permits on any lot.

 

This property can be served with municipal water and sanitary sewer and is contiguous with the existing corporate boundary of the City of Kearney. Therefore, this property will be annexed into the City limits.

 

Craig Bennett from Miller & Associates presented this matter to the Council. The proposed land use map shows traffic circulation in this particular quarter section.  On the half mile line there is the potential road in the future.  They have a plan to incorporate that future road into their subdivision. West of the subdivision is continuous and adjacent to existing City limits.  Hammer Park Addition is currently zoned M-1.  They are asking for rezoning to M-1 so it would be consistent with what is along the north side of 11th Street. Part of their request is to vacate two lots from an old subdivision that contains a house and a small building and will be replatted as a part of this subdivision. This subdivision will be broken up into 7 lots. These lots would have an access road that eliminates the need for each lot having its own access onto 11th Street.  Since 11th Street has the potential to be an arterial street, they want to minimize the circulation to two access points. At the time this is platted, the existing driveway can be relocated to serve the development where Mr. Cook has his business and plans to move the Bob’s Apco’s metal building. The current use is agricultural by zone (or default) and would be non-conforming with what he is proposing to do. 

 

There are three lots from the Cruser and Davies Addition where the house and building are located they are requesting to be vacated.  The original Cruser and Davies Addition did have streets which all have been vacated but also showed Avenue U. This is the street shown on the future use land map along the east side of the half mile line.  In this subdivision, they are giving up the additional right-of-way to accommodate 50 feet of right-of-way.  Currently, there is 33 feet, so they would be giving up the additional 17 feet on this plat for future right-of-way. If the future Avenue U on the east goes through, they have dedicated that as an easement so that it could allow for right-of-way to be granted.  If it does not go through since they do not know how the land to the east and north might develop then it could be retained by the owner. To ensure that the City would have the right to get that easement, provisions have been made in the Subdivision Agreement. 

 

The building set back line for the building he is proposing to move out there would go through the middle of the existing building.  Should Avenue U go through, he would be grandfathered in, but currently it does go over the building setback if Avenue U were ever to exist.  There is a 30-inch water main in the center of 11th Street which would allow one service there. There would be another looping water main for services to future developments. 

 

Currently, located in the southeast corner of what would be the proposed Avenue U right-of-way, there is a City of Kearney sampling building which is completely on Mr. Cook’s ground.  In the future, it would be located partially on the easement area and partially on the right-of-way.  Should Avenue U go through, it would be completely contained within right-of-way.  At the present time, there is an agreement between the City of Kearney and Mr. Cook allowing that building to remain in place until Avenue U went through.  The City is under a rehab project of the manholes that are located on 11th Street.  In conjunction with sanitary sewer since this development is going through, they are making provisions to have their services tap those manholes.  This would allow for those stubs to be put in at this time. 

 

As they looked at this subdivision, to the north is agricultural which primarily drains from west to east and somewhat from north to south. They are proposing a detention cell to provide for the increase of on site storm water runoff which out lets onto 11th Street. If it becomes a 4-lane road in the future, they would have detention in pipes, etc. 

 

Director of Public Works Rod Wiederspan stated that 11th Street is an arterial and they want to control the number of driveway accesses onto that arterial.  This was a good solution to service the seven lots, but still have it limited to two access points.  This is how the area will develop in general.  If they have larger parcels on the west, they might just have public streets that access off of 11th Street which could then give access off of those pubic streets.  This parcel that is being proposed is small enough that it is not an option on it. 

 

City Manager Michael Morgan stated that Buffalo County is responsible for the paving of 11th Street.  This paving project is part of the agreement with regards to Cherry Avenue with Buffalo County, but has been somewhat delayed.  Craig Bennett said he did not know what the completion date is, but has been pushed back and is being proposed for 2009.

 

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 Craig Bennett from Miller & Associates (Applicant) for Robert G. Cook (Owner) to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of the South Half of the Southeast Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 8.21 acres, more or less, Buffalo County, Nebraska (east of Avenue M, west of Antelope Avenue and north of 11th Street). Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.

 

FINAL PLAT AND SUBDIVISION AGREEMENT FOR EAST COOK SUBDIVISION

 

Public Hearings 1, 2 and 3 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Robert G. Cook (Owner) for the Final Plat and Subdivision Agreement for “East Cook Subdivision”, an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the South Half of the Southeast Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 8.21 acres, more or less, Buffalo County, Nebraska (east of Avenue M, west of Antelope Avenue and north of 11th Street) and to consider approval of Resolution No. 2008-31. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Buschkoetter to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Robert G. Cook (Owner) for the Final Plat and Subdivision Agreement for “East Cook Subdivision”, an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the South Half of the Southeast Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 8.21 acres, more or less, Buffalo County, Nebraska (east of Avenue M, west of Antelope Avenue and north of 11th Street) and approve Resolution No. 2008-31. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.

 

RESOLUTION NO. 2008-31

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “EAST COOK SUBDIVISION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being the east 24.0 feet of Lot 18, all of Lot 19, all of Lot 20, Block 22, Cruser and Davies Addition to the City of Kearney, Buffalo County, Nebraska, together with all that part of Cruser and Davies Addition now vacated and formerly referred to as Lots 1 through 28, Block 21, Lots 1 through 10, the east 24.0 feet of Lot 11, the east 24.0 feet of Lot 18, Lots 19 through 28, Block 22, all of vacated Avenue "S" abutting Block 21 on the west and Block 22 on the east, all that part of Avenue "U" lying west of the east line of the Southeast Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska and abutting Block 21 on the east, all of the South Half of vacated 12th Street lying east of the west line of the east 24.0 feet of Lot 11, Block 22, Cruser and Davies Addition and west of the east line of the Southeast Quarter of the Southwest Quarter of said Section 6 and all being more particularly described as: part of the South Half of the Southeast Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska. Beginning at the southeast corner of the Southwest Quarter of said Section 6 and assuming the east line of the Southeast Quarter of the Southwest Quarter as bearing N01°08'11"E and all bearings contained herein are relative thereto; thence N01°08'11"E and on the said east line of the Southeast Quarter of the Southwest Quarter a distance of 308.34 feet to the centerline of 12th Street (now vacated); thence N89°03'57"W and on said vacated centerline a distance of 1147.0 feet, said point being on the west line of the east 24.0 feet of vacated Lot 11, Block 22 (if extended north); thence S01°01'31"W and on said west line a distance of 315.43 feet to the south line of said Section 6; thence S89°26'07"E on said south line a distance of 1146.41 feet to the point of beginning, containing 8.21 acres, more or less, all in Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved 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 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 11TH DAY OF MARCH, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

ANNEXATION OF EAST COOK SUBDIVISION

 

Public Hearings 1, 2 and 3 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Robert G. Cook (Owner) for the annexation of “East Cook Subdivision”, an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the South Half of the Southeast Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 8.21 acres, more or less, Buffalo County, Nebraska (east of Avenue M, west of Antelope Avenue and north of 11th Street) and to consider approval of  Resolution No. 2008-32. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Clouse to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Robert G. Cook (Owner) for the annexation of “East Cook Subdivision”, an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the South Half of the Southeast Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 8.21 acres, more or less, Buffalo County, Nebraska (east of Avenue M, west of Antelope Avenue and north of 11th Street) and approve Resolution No. 2008-32. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lammers. Nay: None. Lear absent. Motion carried.

 

RESOLUTION NO. 2008-32

 

            WHEREAS, an Application has been submitted by Craig Bennett from Miller & Associates (Applicant) for Robert G. Cook (Owner) for the inclusion of “EAST COOK SUBDIVISION” an addition within the corporate boundaries of the City of Kearney said property described as a tract of land being the east 24.0 feet of Lot 18, all of Lot 19, all of Lot 20, Block 22, Cruser and Davies Addition to the City of Kearney, Buffalo County, Nebraska, together with all that part of Cruser and Davies Addition now vacated and formerly referred to as Lots 1 through 28, Block 21, Lots 1 through 10, the east 24.0 feet of Lot 11, the east 24.0 feet of Lot 18, Lots 19 through 28, Block 22, all of vacated Avenue "S" abutting Block 21 on the west and Block 22 on the east, all that part of Avenue "U" lying west of the east line of the Southeast Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska and abutting Block 21 on the east, all of the South Half of vacated 12th Street lying east of the west line of the east 24.0 feet of Lot 11, Block 22, Cruser and Davies Addition and west of the east line of the Southeast Quarter of the Southwest Quarter of said Section 6 and all being more particularly described as: part of the South Half of the Southeast Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska. Beginning at the southeast corner of the Southwest Quarter of said Section 6 and assuming the east line of the Southeast Quarter of the Southwest Quarter as bearing N01°08'11"E and all bearings contained herein are relative thereto; thence N01°08'11"E and on the said east line of the Southeast Quarter of the Southwest Quarter a distance of 308.34 feet to the centerline of 12th Street (now vacated); thence N89°03'57"W and on said vacated centerline a distance of 1147.0 feet, said point being on the west line of the east 24.0 feet of vacated Lot 11, Block 22 (if extended north); thence S01°01'31"W and on said west line a distance of 315.43 feet to the south line of said Section 6; thence S89°26'07"E on said south line a distance of 1146.41 feet to the point of beginning, containing 8.21 acres, more or less, all in Buffalo County, Nebraska; and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on February 15, 2008 on the inclusion of “EAST COOK SUBDIVISION” within the corporate limits and recommended the Kearney City Council approve said application; and

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

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on March 11, 2008 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the land to be platted as “EAST COOK SUBDIVISION” shall be included within the corporate limits of the City of Kearney, Buffalo County, Nebraska, that the inhabitants of such addition shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules and regulations of the City of Kearney.

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

            PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

PROPOSED AMENDMENTS TO SIGN ORDINANCE FOR OUTDOOR ADVERTISING

 

Mayor Clouse opened the public hearing on the Application submitted by Lamar Outdoor Advertising to amend Chapter 50 “Sign Regulations” of the Code of the City of Kearney to allow for changes with regard to regulations pertaining to outdoor advertising signs, and to amend Chapter 3 “Business Regulations” and Chapter 50 “Sign Regulations” of the Code of the City of Kearney to cross-reference sign regulations in both chapters. The Planning Commission recommends approval of the code amendments subject to the following changes being made prior to the City Council hearing: (1) Billboard signs can be relocated within 150 feet of its current location based on the Building Inspector’s approval. (2) The language that states “signs that remain unused for a period of 180 days would forfeit the legal nonconforming status and be subject to removal” be changed to a period of 12 months instead of 180 days.

 

City Planner Lance Lang presented this matter to the Council. The proposed amendments to the sign ordinance are intended to remove contradictory language and allow a greater degree of maintenance than the current language in the Code. 

 

As a housekeeping issue, staff is proposing to cross reference Chapter 3, Business Regulations, and Chapter 50, Sign Regulations since language is written in both sections that pertain to signs. Language will be added to Chapter 3 stating that additional sign regulations pertaining to zoning are found in Chapter 50.  Chapter 50 will reference additional information pertaining to business regulations of signs in Chapter 3.

 

As for billboard signs addressed in Chapter 50, the proposal is intended to:

 

  • Clarify and specifically state what is allowed for maintenance in much greater detail.  The proposed amendments will allow anyone with an existing billboard to maintain, repair, replace, and upgrade all components of the sign and its support features as long as the size, height, number of faces or number of supports does not increase.   
  • Size, height, number of faces can be decreased. 
  • Monopoles can replace other supports on a voluntary, not mandatory, basis.  
  • Wooden poles can be replaced with wooden poles, or can be upgraded to metal. 
  • Double stacks can be taken down and put back up as long as they do not get bigger and must be at the same location. 
  • Signs that need to be relocated because of a local, state or federal project can be moved with permission from Planning Commission and City Council. Relocated signs can be moved up to 150 feet from the original location to reduce the nonconformance if approved by the Chief Building Official. The new location must not encroach on abutting property and cannot be closer to the street than the original location.
  • Signs destroyed for any reason, man-made or Act of God can be completely rebuilt regardless of the damage percentage as long as they don't get bigger and must be reconstructed at the same site (with the exception of roof-mounted signs).
  • Roof-mounted signs are subject to a 50% damage threshold.  If damaged 50% or more of its replacement value, a roof top sign must be permanently removed.
  • Electronic signs are allowable at a 3:1 replacement ratio - 3 sign faces come down, one digital goes up. Proposed regulations for electronic signs are modeled after NDOR language.
  • New billboard signs may be constructed in accordance with the current regulations. 
  • There will be a $100.00 registration fee required for each existing sign structure, whether legal or nonconforming, for the City Building Services Division to develop a database inventory of all billboard structures. 
  • Thereafter, an annual inspection fee of $25.00 per structure will be assessed. 

 

This proposal would allow for limited new billboard signs to be constructed in accordance with the current regulations.  This proposal would also allow for the cutting-edge technology with electronic signs or electronic digital billboards that have multiple images on one sign face.  The language that allows that is modeled after NDOR Department of Roads language that allows those along their highways.  City staff is proposing that there be a replacement ratio of 3-1 where 3 existing signs would be removed to allow for 1 electronic sign to go up. There were several scenarios discussed at Planning Commission suggesting 2-1 instead of 3-1 or considering square footage.   Those favoring 3-1 or 4-1 believed that it would control the overall number of billboards in town. This could be changed according to Council’s wishes.

 

Council member Lammers stated that according to the Code, digital signs can only be placed every 5,000 feet.  In a town the size of Kearney, we could basically only have three signs on the entire length of 2nd Avenue and possibly the same going east and west in town.  He did not believe that was a huge number from a digital aspect. 

 

City Planner stated that the digital signs are expensive and cost can be up to a quarter million dollars.  This makes the advertising on them more expensive and so it appeals to a select group of advertisers.  They do have six images per minute with ten second windows and can have multiple advertisers on them.   

 

City Planner stated that they are going to require some type of registration system.  They are allowing the owners to put up and take down their billboards as long as they do not make any changes to the original design. It is important, however, to have a bench mark as to what is out there regarding location and size.  In this way if the signs are taken down and put back up it would ensure they are in compliance with the regulations.

 

Council member Lammers stated that he agrees with the registration that is required by the Code.  He did have a concern with the yearly inspection requirement which he believed was excessive.  Most of the signs that are put up are on a permanent basis will last for 25-30 years and changes are usually slight. 

 

City Manager Michael Morgan stated that he believed that we can achieve the same benefits through a certification program.  Kearney already does an annual review through the $75.00 sign occupation tax under the Finance Department. Inventory of those signs have been placed in a data base.  Staff could combine the review to be done at the same time and require information of the height, location, description in that application form and include that in the $75.00 cost.  The key component would be to have the owner certify the properties of the sign and if there were any problems later, we would have some legal grounds to deal with it more effectively than we have in the past.  Kearney does require permits for new signs and for repairs to existing ones or taking one down to replace it with another.  The sign owner would sign the affidavit if there were no changes during the year.  If they did make changes within the year, we would have it on record because it would require a sign permit. 

 

City Manager stated that this proposed amendment would eliminate increased cost to the sign owner and eliminate the inspection cost of actually going onto someone’s property. This would still achieve our goal of compliance and maintain accurate information of sign inventory.  The advantage that we have today with the GIS system provides good documentation over the years. It would be pretty easy to see if they have been moved or major changes made.  Council members agreed that a yearly inspection was not necessary. 

 

City Planner stated that some of the sign companies are going to make some changes that are beneficial. They are going to decrease the size of the signs and go to monopoles which are more attractive than the multiple supports.  This allows them the opportunity to do some of these things for the betterment of the community. 

 

Greg Barney, 704 West 25th Street, stated he is the manager of Barney Building and Land Company and has some signs.  He thanked the City Council, City staff and members of the Planning Commission for undertaking these controversial and lengthy issues.  From his perspective, the conclusion that has been reached is much more beneficial to the business community and the citizens then the situation that did not allow for maintenance and repair of these signs.

 

Moved by Clouse seconded by Kearney to close the hearing and approve the following amendment: to delete proposed Paragraph F of Section 50-113 and replace it as follows: The Owner of every existing legal or nonconforming outdoor advertising sign shall pay an annual occupation tax for each sign face as set forth in the City of Kearney Comprehensive Fee Schedule.  At the time the occupation tax is due, the Owner shall complete the required form confirming the location, number of faces, size of each face, height of the structure, materials description, condition of each sign, and any other related information requested by the City. The Owner shall sign an affidavit stating that the information provided is accurate and that the sign has not been modified in the past 12 months.  Any modifications will require a Sign Permit from the Building Services Division.  Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. Motion carried.

 

Moved by Kearney seconded by Lammers to approve the following amendment: to amend proposed Paragraph G of Section 50-113 as follows: (1) For each ECMS face erected, a minimum of 2 existing sign faces must be permanently removed; and (2) the proposed ECMS must be located where one of the existing structures was removed to meet the 2:1 replacement requirement, or, if at a new location, the ECMS must meet all code requirements pertaining to outdoor advertising sign and meet the 2:1 replacement requirement and to approve the Application submitted by Lamar Outdoor Advertising to amend Chapter 50 “Sign Regulations” of the Code of the City of Kearney to allow for changes with regard to regulations pertaining to outdoor advertising signs, and to amend Chapter 3 “Business Regulations” and Chapter 50 “Sign Regulations” of the Code of the City of Kearney to cross-reference sign regulations in both chapters. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lammers. Nay: None. Lear absent. Motion carried.

 

PROPOSED ACQUISITION FOR BUILDING ADJACENT TO UTILITIES BUILDING

 

Mayor Clouse opened the public hearing on the proposed acquisition of all of Lots 87 and 88 and the east half of Lot 89, Keen’s Park Addition to the City of Kearney, Buffalo County, Nebraska for possible expansion of City facilities and to consider approval of Resolution No. 2008-33.

 

City Attorney Michael Tye presented this matter to the Council. This property is adjacent to the Kearney Utilities Building and is being purchased in case there may be some need to expand City facilities in the future. The owners of the property have agreed to the terms of this Purchase Agreement and Council would need to authorize the City Manager to enter into the Purchase Agreement so that a closing date can be scheduled on this transaction. The purchase price set forth in the Purchase Agreement for this property is $100,000.00.

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Buschkoetter to close the hearing and approve the proposed acquisition of all of Lots 87 and 88 and the east half of Lot 89, Keen’s Park Addition to the City of Kearney, Buffalo County, Nebraska for possible expansion of City facilities and approve Resolution No. 2008-33. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.

 

RESOLUTION NO. 2008-33

 

            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 acquisition for possible expansion of City facilities and voted in favor to proceed with the acquisition; and

            WHEREAS, the City Council of the City of Kearney, Nebraska has determined the necessity of acquiring fee simple title for possible expansion of City facilities, including any mortgage and leasehold interests on all of Lots 87 and 88 and the east half of Lot 89, Keen’s Park Addition to the City of Kearney, Buffalo County, Nebraska.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that:

            1.   The City Attorney and City Manager be, and hereby are, authorized on behalf of the City to complete negotiations for possession of and fee simple title to the property set forth above; and

            2.   If the acquisition and possession of such property is not possible through negotiations, the City Attorney be, and hereby is, directed to commence eminent domain proceedings on behalf of the City of Kearney to obtain title, acquisition, and possession of said property interests as soon as legally possible.

            BE IT FURTHER RESOLVED that the City Manager be and is hereby authorized and directed to execute the Purchase Agreement on behalf of the City of Kearney with Jonathan A. and Kathleen J. Rasmussen, husband and wife, a copy marked as Exhibit “A” is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 11TH DAY OF MARCH, 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 17 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.

 

1.         Approve Minutes of Regular Meeting held February 26, 2008.

 

2.         Approve the following Claims: ABPA Region 12 $60.00 Smcs; Ace Irrigation $292.50 Smcs; Advanced Valve Technologies $24,263.32 Smcs; Aflac $2,783.88 Ps; Agri Coop $31,808.23 Smcs; Alamar Uniforms $3,707.33 Smcs; Albright,D $113.57 Smcs; Alltel $4,229.30 Smcs; Amax Contracting $3.00 Co; American Backflow $60.00 Smcs; AWWA $1,535.00 Smcs; Anderson Bros $575.24 Smcs; Armor Holdings Forensics $331.94 Smcs; Ask Supply $132.90 Smcs; Baker & Taylor $2,436.93 Smcs; Barney Abstract $75.00 Smcs; BBC Audiobooks $204.09 Smcs; Bennett,T $905.25 Smcs; Bestsellers Audio $436.00 Smcs; Blessing $94,432.64 Co; Bluecross Blueshield $97,747.77 Smcs; Bob's Super Store $28.36 Smcs; Bosselmans $1,214.00 Smcs; Buffalo Co Court $594.98 Ps; Buffalo Co Economic $19,388.49 Smcs; Buffalo Co Reg Deeds $194.00 Smcs; Builders Warehouse $22.56 smcs,co; Camera Doctor $132.00 Smcs; Central Fire $120.75 Smcs; Central NE Bobcat $18,434.00 Smcs; Charter $652.76 Smcs; City of Ky $190,474.12 smcs,ps; CMI $187.41 Smcs; College Savings Plan of NE $75.00 Ps; Computerized Fleet Analysis $2,995.00 Smcs; Control Masters $3,070.00 Smcs; Copycat Printing $9.50 Smcs; Crocker & Crocker $527.00 Smcs; Crossroads Ford $847.56 Smcs; Culligan $220.00 Smcs; Custom Design Wall $40.00 Smcs; Dept of the Treasury $56.17 Ps; Double M Farms $2,000.00 Smcs; DPC Industries $4,737.55 Smcs; Driver's License Guide $28.95 Smcs; Eagle Dental Associates $46.96 Smcs; Eakes $48.85 Smcs; Eickhoff,B $8.00 Ps; Eirich,T $50.00 Smcs; Elliott Equipment $1,543.04 Smcs; EMC Insurance $474.60 Smcs; Eriksen Construction $65,255.80 Co; ESRI $6,300.00 Smcs; Fearnley,M $47.47 Smcs; Fiddelke Heating $143.92 Smcs; Fireguard $18,601.38 Smcs; Frontier Comm $177.30 Smcs; Gale $292.18 Smcs; Galls $1,027.38 Smcs; Garrett Tires $6,269.40 Smcs; Gary Sorensen Construction $1,200.00 Co; Graphic Screen Printing $176.00 Smcs; Guideposts $16.94 Smcs; H&H Distributing $391.20 Smcs; Hach Co $463.30 Smcs; Hayden,S $11.50 Smcs; HD Supply $4,558.90 Smcs; Hebb,L $120.00 Smcs; High Country Grounds $942.70 Co; Hometown Leasing $248.23 Smcs; Horst,R $42.93 Smcs; Hydro Tech $54.00 Smcs; Hydrologic $175.00 Smcs; ICMA RC $2,784.75 Ps; Information Publications $86.00 Smcs; IRS $97,748.52 Ps; Iteris $755.00 Smcs; Jack Lederman $762.23 Smcs; Johnson,S $50.00 Smcs; Ky Comm Foundation $70.00 Smcs; Ky Glass $1,935.00 Co; Ky Humane Society $2,400.00 Smcs; Ky Towing $147.50 Smcs; Ky United Way $577.90 Ps; Ky Visitors Bureau $15,326.47 Smcs; Konica Minolta $60.70 Smcs; Kratzer,B $10.00 Smcs; Linweld $11.70 Smcs; Logan Contractors $11,850.00 Co; Magic Cleaning $250.00 Smcs; Mail Express $479.22 Smcs; Matthew Bender $36.80 Smcs; Meridian Library System $20.00 Smcs; Metlife $5,799.45 Ps; Microfilm Imaging $780.00 Smcs; Midas Auto Service $460.28 Smcs; Midwest Pump Equipment $1,120.03 Smcs; Milco Environmental $1,770.00 Smcs; Miller Signs $495.00 Smcs; Moonlight Embroidery $96.50 Smcs; Moore,D $90.00 Smcs; Morgan,M $58.50 Smcs; Moss & Barnett $308.00 Smcs; Munch,J $6.00 Smcs; Municipal Supply $1,006.59 Smcs; NCMA $75.00 Smcs; NE Cemetery Assn $40.00 Smcs; NE Child Support $2,400.97 Ps; NE Dept of Revenue $27,462.37 Ps; NE Dept of Roads $261.44 Smcs; NE Forest Service $30.00 Smcs; NE Health & Human $80.00 Smcs; NE Sheriff's Assn $24.00 Smcs; NE Truck Center $1,337.95 Smcs; NEland Distributors $163.00 Smcs; New World Systems $750.00 Smcs; Northwestern Energy $12,114.07 Smcs; NOVA Health Equipment $493.69 Ps; Office Depot $275.48 Smcs; Office Max $272.74 Smcs; O'Keefe Elevator $165.91 Smcs; Oliphant,K $22.00 Smcs; Overhead Door $274.72 Smcs; Oxford University Press $41.06 Smcs; Pankratz,J $228.76 Smcs; Paramount $67.50 Smcs; Payflex Systems $476.00 smcs,ps; PB&G Development $563.62 Co; PCAN $100.00 Smcs; Platte Valley Comm $1,410.29 Smcs; Presto-X $78.00 Smcs; Quill $91.68 Smcs; Random House $266.25 Smcs; Recorded Books $12.90 Smcs; Resource Management $445.42 Smcs; Roesler,A $47.45 Smcs; Rouch,K $42.69 Smcs; Sage,P $16.04 Smcs; Sapp Bros $6,424.00 Smcs; School Outfitters $1,788.03 Co; See Clear Cleaning $1,800.00 Smcs; Sherwin-Williams $39.37 Smcs; Siegel Display Products $1,191.15 Smcs; Skeen,B $125.00 Smcs; Snap-On Tools $224.00 Smcs; Softchoice $5,149.32 Co; Solid Waste Agency $39,761.50 Smcs; Solid Waste Equipment $17,495.66 Smcs; Sport Rock $8,950.00 Co; State of NE/DAS Comm $19.17 Smcs; Strategos Int'l $695.00 Smcs; Sun Life Financial $24,390.48 Smcs; Sungard Public Sector $828.33 Smcs; Sutphen Corp $383.72 Smcs; Sydow,J $40.00 Smcs; Technical Maintenance $1,197.00 Smcs; Telephone Systems $22.46 Smcs; Thompson,K $10.00 Smcs; Tye & Radmacher $10,530.62 Smcs; Ultramax $2,130.00 Smcs; Underground Construction $2,125.00 Co; UPRR $5,150.00 Er; UNK $250.00 Smcs; UNL Extensions $20.00 Smcs; Van Diest Supply $5,561.90 Smcs; Village Uniform $501.47 Smcs; Watchguard Video $310.00 Co; Wellness Works $250.00 Ps; Wiederspan,R $179.83 Smcs; Williams,M $42.93 Smcs; Wing Scale Service $2,575.00 Smcs; Winter,J $22.00 Smcs; Zimmerman Printers $806.75 Smcs; Payroll Ending 3-1-2008 -- $ 290,865.89.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve the request submitted by the UNK Loper Programming and Activities Council to conduct the 6th Annual Fun 5K Run/Walk on April 19, 2008 beginning at 9:00 a.m. The route will begin at UNK Foster Field, east in the right lane of eastbound traffic on University Drive, south on the sidewalk parallel with 9th Avenue, west on the sidewalk parallel with 25th Street, north and east in the right lane of the eastbound traffic on University Drive (near softball fields) and following University Drive to 9th Avenue, south on the sidewalk parallel with 9th Avenue to 27th Street, west on 27th Street and ending at UNK Foster Field.

 

4.         Award the bid to EDM Equipment in the amount of $201,962.00 for the purchase of a six wheel broom type street sweeper to be used in the Public Works Transportation Division.

 

5.         Award the bid to Masek Golf Car Company in the amount of $149,480.00 for the purchase of 60 gas motorized golf carts and two utility beverage carts for the Meadowlark Hills Golf Course.

 

6.         Approve the Governmental Lease-Purchase Master Agreement between the City of Kearney and Wells Fargo Equipment Finance, Inc. for the new street sweeper for the Transportation Division and a fleet of new golf carts for the Meadowlark Hills Golf Course and approve Resolution No. 2008-34.

 

RESOLUTION NO. 2008-34

 

RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A GOVERNMENTAL LEASE-PURCHASE MASTER AGREEMENT, SUPPLEMENT NO. __ AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH.

 

            WHEREAS, the governing body of the City of Kearney (“Lessee”) desires to obtain certain equipment (the “Equipment”) described in Supplement No. ___ to the Governmental Lease-Purchase Master Agreement (collectively, the “Lease”) with Wells Fargo Equipment Finance, Inc. (“Lessor”), the form of which has been available for review by the governing body of Lessee prior to this meeting; and

            WHEREAS, the Equipment is essential for the Lessee to perform its governmental functions; and

            WHEREAS, the funds made available under the Lease will be applied to the acquisition of the Equipment in accordance with such Lease; and

            WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and

            WHEREAS, Lessee proposes to enter into the Lease with Lessor substantially in the form presented at the meeting.

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

            Section 1.  It is hereby found and determined that the terms of the Lease in the form presented at the meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment.

            Section 2.  The Lease and the acquisition and financing of the Equipment under the terms and conditions as described in the Lease are hereby approved.  The President of the Council of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be and each of them hereby is, authorized to execute, acknowledge and deliver the Lease with any changes, insertions and omissions therein as may be approved by the officers who execute the Lease, such approval to be conclusively evidenced by such execution and delivery of the Lease.  The President of the Council of the Lessee and any other officer of Lessee who shall have power to do so be, and each of them hereby is, authorized to affix the official seal of Lessee to the Lease and attest the same.

            Section 3.  The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Lease.

            Section 4.  Pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended (the “Code”), Lessee hereby specifically designates the Lease as a “qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the Code.

            The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease executed on behalf of Lessee is the same as presented at such meeting held on March 11, 2008 of the governing body of Lessee, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same.

            PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

7.         Approve Change Order No. 1 showing an increase in the amount of $4,571.00 and Change Order No. 2 showing an increase in the amount of $5,648.00 submitted by Smeal Fire Apparatus Co. for the Fire Pumping Apparatus for the Kearney Volunteer Fire Department and approve Resolution No. 2008-35.

 

RESOLUTION NO. 2008-35

 

WHEREAS, Smeal Fire Apparatus Co. has performed services in connection with the fire pumping apparatus being purchased for the Kearney Volunteer Fire Department and has filed Change Order No. 1 showing an increase to the contract sum in the amount of $4,571.00 as shown on Exhibit “A”, and Change Order No. 2 showing an increase to the contract sum in the amount of $5,648.00, as shown on Exhibit “B”, attached hereto and made a part hereof by reference:

 

Original Contract Sum

$421,320.00

 

            Change Order No. 1 (3-11-2008)

            Change Order No. 2 (3-11-2008)

 

+    4,571.00

+    5,648.00

 

Contract Sum To Date

 

$ 431,539.00

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order Nos. 1 and 2 as shown on Exhibits “A” and “B” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

8.         Approve the request submitted by the FirsTier Event Center, the Kearney Hub, and the Kearney Volunteer Fire Department, in conjunction with Kidz Explore, to block off the west end of Platte Road in front of the FirsTier Event Center, 609 Platte Road, on April 12, 2008 from 9:00 a.m. until 5:00 p.m. and on April 13, 2008 from 12:00 p.m. until 5:00 p.m.

 

9.         Approve the Agreement between the City of Kearney and Wilkins Hinrichs Stober Architects for design services for the Peterson Senior Activity Center located at E.K. and Mary Yanney Heritage Park and approve Resolution No. 2008-36.

 

RESOLUTION NO. 2008-36

 

BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement for design services for the Peterson Senior Activity Center to be located at the E.K. and Mary Yanney Heritage Park, on behalf of the City of Kearney, with Wilkins Hinrichs Stober Architects, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

10.        Authorize Administration to negotiate with the low bidder pertaining to the construction of Airport Road and approve Resolution No. 2008-37.

 

RESOLUTION NO. 2008-37

 

WHEREAS, Kirkham Michael Consulting Engineers and the City of Kearney are reviewing the two sealed bids which were opened on March 4, 2008, at 2:00 p.m. for the construction of Airport Road.

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that in accordance with Section 16-321(7) of the Nebraska Revised Statutes, the City Council hereby directs and authorizes the City Manager to negotiate a contract for services, material or labor to construct the Airport Road with the lowest responsible bidder, Paulsen, Inc. Any contract negotiated shall be submitted to the City Council for final approval.

            PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

11.        Approve the Plans and Specifications for the 2007 Part VI Improvements consisting of Paving Improvement District No. 2008-925, Water District No. 2008-549 and Sanitary Sewer District No. 2008-491 for 9th Street Place from west line of Block 1, Park View Estates Fourth to its terminus in a cul-de-sac; Paving Improvement District No. 2008-926, Water District No. 2008-550 and Sanitary Sewer District No. 2008-492 for 8th Street from the west line of Block 3, Park View Estates Fourth, to its terminus being the east line of Park View Estates Fourth, AND TOGETHER WITH 10th Avenue from 8th Street, south to its terminus being the south line of Park View Estates Fourth and set the bid opening date for April 1, 2008 at 2:00 p.m.

 

12.        Approve the Plans and Specifications for the 2008 Part III Improvements consisting of Paving Improvement District No. 2007-915 for 14th Street from 6th Avenue to 9th Avenue; Paving Improvement District No. 2007-916 for 9th Avenue from 13th Street to 14th Street; Paving Improvement District No. 2007-917 for 9th Avenue from 16th Street to 19th Street and set the bid opening date for April 1, 2008 at 2:00 p.m.

 

13.        Approve the application for a Special Designated License submitted by BOULEE LLC, dba “Bico’s Sports Bar & Grill” in connection with their Class I-70918 liquor license to dispense beer, wine and distilled spirits in the Ag Pavilion at the Buffalo County Fairgrounds, 3807 Avenue N, on March 29, 2008 from 4:00 p.m. until 11:00 p.m. for a fund raiser.

 

14.        Approve the application for a Special Designated License submitted by NIGHTLIFE CONCEPTS INC., dba “Cunningham’s Journal” in connection with their Class CK-59311 catering liquor license to dispense beer, wine and distilled spirits in the Chuckwagon Room at the Great Platte River Road Archway Monument, East 3060 1st Street, on March 24, 2008 from 4:00 p.m. until 9:00 p.m. for the RMAC Conference Meeting.

 

15.        Approve T-Hangar Lease B-2 Lease Agreement between the City of Kearney and David Huebner for storage at the Kearney Regional Airport and approve Resolution No. 2008-38.

 

RESOLUTION NO. 2008-38

 

            BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the T-Hangar B-2 Lease Agreement, on behalf of the City of Kearney, Nebraska, with David Huebner, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2008.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

16.        Approve the request submitted by Mary Bendig to conduct the 1st Annual Half Marathon at the Trails and Rails Museum on June 22, 2008 beginning at 7:00 a.m.  The route will begin at Trails and Rails Museum, west on 11th Street to the hike/bike trail at E.K. and Mary Yanney Heritage Park, south and east on the hike/bike trail to Avenue M, north on Avenue M to Railroad Street, west on Railroad Street to Avenue H, north on Avenue H/Overpass to 22nd Street, west on 22nd Street to Avenue B, north on Avenue B to 24th Street, west on 24th Street to 1st Avenue, south on 1st Avenue to Railroad Street, west on Railroad Street to the hike/bike trail, south on the hike/bike trail to 11th Street, east on 11th Street to 9th Avenue, north on 9th Avenue to 19th Street, east on 19th Street to 4th Avenue, south on 4th Avenue to 11th Street, east on 11th Street to 3rd Avenue, south on 3rd Avenue to 4th Street, west on 4th Street to 6th Avenue, north on 6th Avenue to 8th Street, east on 8th Street to 4th Avenue, north on 4th Avenue to 15th Street, west on 15th Street to 5th Avenue, south on 5th Avenue to 11th Street, west on 11th Street and ending at the Trail and Rails Museum.

 

17.        Approve the bids received for the construction of the E.K. & Mary Yanney Heritage Park North Parking Lot Addition and approve Resolution No. 2008-39 awarding the bid to Blessing, LLC in the amount of $1,004,396.00.

 

RESOLUTION NO. 2008-39

 

            WHEREAS, Brungardt Engineering and the City of Kearney have reviewed the sealed bids which were opened on March 4, 2008 at 2:00 p.m. for the construction of the E.K. and Mary Yanney Heritage Park North Parking Lot Addition; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $1,156,719.30 which amount included engineering fees; and

WHEREAS, the said engineer has recommended the bid offered by Blessing, LLC of Kearney, Nebraska in the sum of $1,004,396.00 be accepted as the lowest responsible bid.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Blessing, LLC of Kearney, Nebraska be and is the lowest responsible bidder for the construction of the E.K. and Mary Yanney Heritage Park North Parking Lot Addition to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Blessing, LLC of Kearney, Nebraska in the sum of $1,004,396.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the construction of the E.K. and Mary Yanney Heritage Park North Parking Lot Addition in the amount of $1,156,719.30, which amount does not include engineering fees, be and is hereby accepted.

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

            PASSED AND APPROVED THIS 11TH DAY OF MARCH, 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. 7421 – VACATE PORTION OF CRUSER AND DAVIES ADDITION (PERTAINS TO PUBLIC HEARING 1)

 

Council Member Clouse introduced Ordinance No. 7421, being Subsection 1 of Agenda Item VI to vacate the east 24 feet of Lot 18, all of Lots 19 and 20 in Block 22, Cruser and Davies Addition to the City of Kearney, Buffalo County, Nebraska (east of Avenue M, west of Antelope Avenue and north of 11th Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. 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. 7421 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Lammers that Ordinance No. 7421 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7421 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7422 – REZONING EAST OF AVENUE M, WEST OF ANTELOPE AVENUE AND NORTH OF 11TH STREET (PERTAINS TO PUBLIC HEARING 1)

 

Council Member Clouse introduced Ordinance No. 7422, being Subsection 2 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of the South Half of the Southeast Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 8.21 acres, more or less, Buffalo County, Nebraska (east of Avenue M, west of Antelope Avenue and north of 11th Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. 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. 7422 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Lammers that Ordinance No. 7422 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7422 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7423 – AMEND SECTION 3-101 OF CITY CODE (PERTAINS TO PUBLIC HEARING 4)

 

Council Member Buschkoetter introduced Ordinance No. 7423, being Subsection 3 of Agenda Item VI to amend Section 3-101 “Signs; Title of Article 1 “Signs” of ”Chapter 3 “Business Regulations” of the Code of the City of Kearney to reference additional sign regulations pertaining to zoning are provided in Chapter 50 “Sign Regulations” of the City Code, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. 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. 7423 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Kearney that Ordinance No. 7423 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Kearney, Buschkoetter, Lammers. Nay: None. Lear absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7423 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

ORDINANCE NO. 7424 – AMEND CHAPTER 50 OF CITY CODE (PERTAINS TO PUBLIC HEARING 4)

 

Council Member Lammers introduced Ordinance No. 7424, being Subsection 4 of Agenda Item VI to amend Chapter 50 “Sign Regulations” of the Code of the City of Kearney as follows: Section 50-101 to reference additional sign regulations are provided in Chapter 3 “Business Regulations”; Section 50-102 to define City of Kearney Outdoor Advertising Sign Registry, to clarify that Electronic Information Signs pertain to on-premise signs, and to define Electronic Changeable Message Sign; Section 50-106 to delete Paragraphs A and B pertaining to conformance required and maintenance and to change the time limit for nonconformance and amortization of premise identification signs to 12 months for the amount of time a sign can remain unused without advertising; add a new Section 50-113 entitled “Outdoor Advertising Signs” providing for requirements for conformance, maintenance, maintenance for nonconforming signs, reconstruction and modification of existing nonconforming outdoor advertising signs, modifications to existing nonconforming outdoor advertising signs and electronic changeable message signs; to renumber the current Section 50-113 to Section 50-114 entitled “Outdoor Advertising Signs; Regulations for New Installations”, to delete the reference to Table 50-4 and to prohibit stacked signs or two signs facing the same direction on a single structure, to allow double-faced, back-to-back signs, to prohibit side-by-side signs, and to require the sign owner to maintain the area around the base of the sign and to landscape said area; to renumber the current Section 50-114 to Section 50-115 entitled “Sign Master Plan for Large Projects”, and to amend Table 50-4 to delete the reference to Districts C-2 and C-3 and to include the amendments as approved in the public hearing, 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, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. 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. 7424 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Clouse that Ordinance No. 7424 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Kearney, Buschkoetter, Lammers. Nay: None. Lear absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7424 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.

 

MANAGER APPLICATION FOR VFW

 

Moved by Clouse seconded by Kearney to remove from the table the Manager Application for Jeffrey Cuddeford submitted by the Veterans FW 759 in connection with their Class C-09025 liquor license located at 2215 1st Avenue. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. Motion carried.

 

There was no representation.

 

Mayor Clouse stated that since Mr. Cuddeford was not present, he recommended denying the application.  He asked if Chief Lynch had anything to add from the last Council meeting which he did not.  City Clerk stated that Mr. Cuddeford was notified two more times since the last meeting, but did not reply. Council member Buschkoetter asked if the Liquor Commission needed to be notified of the reason for their decision to deny.  City Clerk stated they would receive the Police Report on Mr. Cuddeford and the lack of his attendance as the basis for the denial.

 

Moved by Lammers seconded by Buschkoetter to deny the Manager Application for Jeffrey Cuddeford submitted by the Veterans FW 759 in connection with their Class C-09025 liquor license located at 2215 1st Avenue. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. Motion carried.

 

MANAGER APPLICATION FOR PUMP & PANTRY #27

 

Mayor Clouse opened for discussion the Manager Application for Joleen Linder submitted by BOSSELMAN INC., dba “Pump & Pantry 27” in connection with their Class D-25700 liquor license located at 4311 2nd Avenue.

 

Tom Urbanek, who is in charge of security and compliance operations for Bosselman’s, presented this matter to the Council. He stated that Ms. Linder was unable to attend this meeting. They take an aggressive and proactive approach when it comes to preventing the sale of tobacco and alcohol to minors. They have had very good luck in accomplishing that.  All of their cashiers are thoroughly trained before they are allowed to operate the cash register. Their cash registers prompt the cashier when there is an alcohol or tobacco sale to enter the birth date of that customer. They also do their own internal compliance checks. They also have a third party that does compliance checks for them, as well as law enforcement. They have a zero tolerance policy for any cashiers that fail any compliance checks either external or internal. 

 

Mayor Clouse stated although it is unusual to not have the manager present, Ms. Linder was just here a month or two ago to present for another of their locations.  Ms. Linder would now have all the licenses for each of the Pump & Pantry locations in Kearney.  Mr. Urbanek stated the direction the corporation is moving is to consolidate many of those under their district supervisors due to the number of locations.  They want an upper level management person who would be in charge of those facilities so they don’t have so many licenses under so many different people’s names.   

 

Moved by Clouse seconded by Kearney to approve the Manager Application for Joleen Linder submitted by BOSSELMAN INC., dba “Pump & Pantry 27” in connection with their Class D-25700 liquor license located at 4311 2nd Avenue. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.

 

OPEN ACCOUNT CLAIMS - PLATTE VALLEY STATE BANK - $44,262.64, NPPD - $1,371.58, STAN CLOUSE - $166.40

 

Moved by Kearney seconded by Lammers that Open Account Claims in the amount of $44,262.64 payable to Platte Valley State Bank, in the amount of $1,371.58 payable to Nebraska Public Power District, and in the amount of $166.40 payable to Stan Clouse be allowed. Roll call resulted as follows: Aye: Buschkoetter, Kearney, Lammers. Nay: None. Clouse abstained. Lear absent. Motion carried.

 

VII.    REPORTS

 

HOUSING STUDY

 

Assistant City Manager Amber Brown invited the Council and the public to attend one of seven focus groups as a part of the housing study that is being done countywide for Buffalo County.  The date is Monday, March 24, Tuesday, March 25 and Wednesday, March 26 at different times of the day and at different locations.  There will be one session in each community in Buffalo County.  The purpose of the focus group is to get input about the housing needs and challenges in the communities within Buffalo County.  The results of the focus groups will be combined with their phone surveys and a report will be compiled.  There is information about the meeting times on Channel 6 and Ms. Brown has brochures and information available.

 

UPDATE ON LB 1096

 

City Manager Michael Morgan stated that LB 1096 has passed regarding the fulltime fire chief requirements. The population requirement was raised to 37,500 and the City Manager form of government amendment was included to reflect that the oversight of the fire chief would be at the discretion of the City Manager. 

 

VIII.    ADJOURN

 

Moved by seconded by Buschkoetter that Council adjourn at 8:02 p.m. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. Motion carried.

 

                                                                                    STANLEY A. CLOUSE

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK