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Kearney, Nebraska

October 8, 2002

7:30 p.m.

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:30 p.m. on October 8, 2002, in the Council Chambers at City Hall. Present were: Peter Kotsiopulos, President of the Council; Michaelle Trembly, City Clerk; Council Members Bruce Blankenship, Randy Buschkoetter, Don Kearney, and Jose Zapata. Absent: None. G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Lance Lang, City Planner were also present. Some of the citizens present in the audience included: Tom Sheldon, William Sheldon, Stan Clouse, Ron Ridgway, Ken Anderson, Art Hansen, Mitch Humphrey, Gary Cassel, Jeff Peterson, Neal Lewis, Bruce Grupe, Mike Konz of Kearney Hub, Billy Boyer of KGFW, Students from UNK Medical Center, and Students from UNK – Recreation Majors.

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

The Council and audience held a moment of silence.

PLEDGE OF ALLEGIANCE

Boy Scout Max Freese led the Council members and audience in the Pledge of Allegiance.

ORAL COMMUNICATIONS

Stayko Staykov, 3022 8th Avenue, a representative from UNK addressed the Council. He is the director of community relations for UNK. He has a favorite word, which is partnership. He believes that the one between the University and the community is a very important one. He extended a personal and written invitation to the Council Members to attend the dedication of the expansion of the new Student Union, located on the UNK campus. The University hopes that the community will take advantage of using this facility. Mayor Kotsiopulos agreed to give a speech at the ceremony that is scheduled for Wednesday, October 9, 2002, at 11:30 a.m. in the Atrium of the Student Union.

II. UNFINISHED BUSINESS

There was no Unfinished Business.

III. PUBLIC HEARINGS

LAND USE MAP AMENDMENT – 7247 WEST HIGHWAY 30

Mayor Kotsiopulos opened the public hearing on the proposed application to amend the Land Use Map of the City of Kearney Comprehensive Development Plan from “Rural Residential” to “Commercial” property described as a part of Lots 23 and 24 in East Section 31, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (7247 West Highway 30) and approve Resolution No. 2002-236. Planning Commission recommended approval.

This public hearing and the next hearing were discussed together but voted on separately.

The applicant is pursuing approval of a subdivision for property located west of Kearney near the west end of 1733 Estates in the two-mile extraterritorial zoning jurisdiction. This is the property that contains the “Covered Wagon and Oxen” sculpture. The applicant would like to remodel the existing structure into office space. The proposed subdivision consists of one lot with access from State Highway 30. This property is approximately .613 acres in size. Approvals required for this project include a land use map amendment, rezoning, and subdivision platting.

Land Use Map Amendment

This property is currently designated as “Rural Residential” on the Land Use Map of the Comprehensive Development Plan for the City of Kearney. This residential designation is in place because the primary land use in this area is single-family residential homes in a rural environment at 1733 Estates. Amending the Land Use Map to allow commercial non-retail use seems to be an acceptable alternative at this location. There is excellent access to State Highway 30. Commercial retail would probably be too intensive for this parcel given the residential surroundings; however, commercial non-retail should blend nicely with the neighborhood. Since the rezoning request is for C-0, Commercial Non-Retail District, the Land Use Map should be amended to “Commercial”.

Rezoning

The request to rezone the tract to C-0 will make the property suitable for redevelopment as office space which is fairly compatible with the surrounding land use and zoning. The issue of “spot zoning” was raised during the Planning Commission hearing since none of the surrounding area is zoned for commercial use. Planning staff believes that office use is acceptable at this location while a heavier commercial retail use, such as a gas station, is not appropriate. If the office zoning is not approved the covered wagon landmark will likely continue to deteriorate and ultimately be removed. The applicant’s proposal to remodel the structure seems to be reasonable, and after some discussion, the Planning Commission agreed that the project has more merits than problems. The applicant will provide off-street parking and landscaping as required by the Unified Land Development Ordinance.

Subdivision Plat

The applicant is requesting approval of the final subdivision plat for Covered Wagon Subdivision. The preliminary plat was approved by Planning Commission on 09/20/02. This is a one-lot subdivision containing .613 acres. There is one house on the property along with an old shed in addition to the covered wagon building that will be renovated into office space. The shed will be removed. A Public Works Plan is not required.

Ron Ridgway from Miller & Associates was present to answer any questions.

There was no one present in opposition to this hearing.

Moved by Kearney seconded by Buschkoetter to close the hearing and approve the proposed application to amend the Land Use Map of the City of Kearney Comprehensive Development Plan from “Rural Residential” to “Commercial” property described as a part of Lots 23 and 24 in East Section 31, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (7247 West Highway 30) and approve Resolution No. 2002-236. Roll call resulted as follows: Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship. Nay: None. Motion carried.

RESOLUTION NO. 2002-236

WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land described as a tract of land which lays in Lots 23 and 24 in East Section 31, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Beginning at a point which is 33 feet north and 101.45 feet west of the southeast corner of said Lot 23, this point also being 1222.05 feet east of the southwest corner of said East Section 31; thence east 200.95 feet on a line parallel to and 33 feet north of the south line of said East Section 31; thence northerly 139.8 feet at an angle of 86°50’ from the aforesaid line; thence westerly 149.5 feet at an angle of 88°36’30” from the aforesaid line; thence northerly 14.5 feet at an angle of 85°27’ from the aforesaid line; thence westerly 41 feet at an angle of 89°40’30” from the aforesaid line; thence southerly 142 feet at an angle of 91°18’ from the aforesaid line to the place of beginning, Buffalo County, Nebraska (7247 West Highway 30), from “Rural Residential” to “Commercial”, and

WHEREAS, the said application for change in the Comprehensive Land Use Plan has been approved by the City Planning Commission, after public hearings properly published and held, and

WHEREAS, the City Council has held public hearings upon the said revision and voted in favor of a motion to approve the change in the Land Use Plan as requested by the applicant.

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Rural Residential” to “Commercial” the use classification for the area described as a tract of land which lays in Lots 23 and 24 in East Section 31, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Beginning at a point which is 33 feet north and 101.45 feet west of the southeast corner of said Lot 23, this point also being 1222.05 feet east of the southwest corner of said East Section 31; thence east 200.95 feet on a line parallel to and 33 feet north of the south line of said East Section 31; thence northerly 139.8 feet at an angle of 86°50’ from the aforesaid line; thence westerly 149.5 feet at an angle of 88°36’30” from the aforesaid line; thence northerly 14.5 feet at an angle of 85°27’ from the aforesaid line; thence westerly 41 feet at an angle of 89°40’30” from the aforesaid line; thence southerly 142 feet at an angle of 91°18’ from the aforesaid line to the place of beginning, Buffalo County, Nebraska (7247 West Highway 30).

PASSED AND APPROVED THIS 8TH DAY OF OCTOber, 2002.

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

REZONING, PROPOSED COVERED WAGON SUBDIVISION – 7247 WEST HIGHWAY 30

Mayor Kotsiopulos opened the public hearing on the Application submitted by Les Adelung, Attorney-in-Fact (Applicant) for Nicholas and Rose Ponticello (Owner) to rezone from “District AG, Agricultural District” to “District C-0, Office District” property described as a part of Lots 23 and 24 in East Section 31, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (7247 West Highway 30). Planning Commission recommended approval.

There was no one present in opposition to this hearing.

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the Application submitted by Les Adelung, Attorney-in-Fact (Applicant) for Nicholas and Rose Ponticello (Owner) to rezone from “District AG, Agricultural District” to “District C-0, Office District” property described as a part of Lots 23 and 24 in East Section 31, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (7247 West Highway 30). Roll call resulted as follows: Aye: Kotsiopulos, Kearney, Zapata, Blankenship, Buschkoetter. Nay: None. Motion carried.

CONDITIONAL USE PERMIT – ALLTEL COMMUNICATIONS

Mayor Kotsiopulos opened the public hearing on the Application submitted by Gary Cassel for Alltel Communications of Nebraska (Applicant), and Larry and Ronald Nickman (Owner of Property) for a Conditional Use Permit for the location of a 77-foot monopole with a 40 foot by 40 foot equipment inside a confined area on property zoned “District M-1/PD Limited Industrial/Planned Development Overlay District” and described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (6204 2nd Avenue). Planning Commission recommended approval subject to the landscape plan consist of nursery grown Austrian Pine, Scotch Pine, Jack Pine, White Pine, Colorado Blue Spruce, Black Hills Spruce, Norway Spruce, or a combination thereof [other species for substitution must be approved by the City Planner in writing] five to six-foot in height [not including the root ball of the tree in the height measurement] planted on 15-foot spacing around the exterior perimeter of the 40 by 40 foot fenced enclosure [a suitable gap in the planting is allowed for the gate assuming driveway access for maintenance vehicles is required] and the trees must be kept alive [if they perish they must be replaced] and that the base of the tower be no closer than 231 feet from the southwest corner of the Nickman property along their south property line.

The applicant is pursuing approval of a Conditional Use Permit to locate a 77-foot tall monopole tower for telecommunications services in the northwest corner of the Nickman property, 6204 2nd Avenue. There is an associated 40-foot by 40-foot area at the base of the tower for ground mounted equipment surrounded by a security fence. The provisions of the Telecommunications section of the Unified Land Development Ordinance (UDO) are applied to this project as follows.

There are several items from the UDO to be presented here for consideration by the Planning Commission and City Council as they apply to this application.

· Location and signal coverage

· Land use and Zoning

· Co-location compatibility

· FAA approval

· Landscaping

Location and Signal Coverage

The applicant has provided maps that depict the signal coverage of the Alltel network in the City of Kearney. There are several existing Alltel towers or Alltel equipment co-located on towers owned by other carriers within Kearney. The maps show that there is an area of insufficient coverage at the north end of town in the general vicinity of 56th Street and 2nd Avenue. Alltel representatives investigated several sites in this area based on the criteria established in the telecommunications section of the UDO. The preferred site from the city administration perspective is an existing tower behind Marlin Heiden’s house owned by Platte Valley Communications. It was determined that the existing tower is not sturdy enough to support the existing equipment and the proposed Alltel equipment. Alltel offered to rebuild the tower in such fashion that it would support the necessary equipment, but the tower owners refused. Alltel also investigated use of the new water tower west of Office Max but the engineers found it unsuitable as well. The chosen site is property owned by the Nickman brothers. It is a strip of land that extends some 600 feet west of 2nd Avenue. The proposed tower location was originally chosen is in the northwest corner of the property. After considerable discussion at the Planning Commission hearing, the tower site is recommended to be relocated to a new area of the Nickman property.

Land Use and Zoning

The subject property is zoned M-1, Light Industrial. The Land Use Map of the Comprehensive Development Plan shows the future land use potential as “Commercial.” Zoning to the west is Agricultural, to the south is Commercial. The Land Use Map shows future development potential as “Residential” to the west and “Commercial” to the south. In the site selection criteria outlined in the UDO, a hierarchy of zoning must be considered when locating a tower. Industrial zoning is preferable to commercial or residential zoning. The Nickman site is the only industrial zoned land in the area. Even though it is anticipated that some day this property will become commercial in nature, it seems to be the best parcel in the area to locate the tower.

In the section called “Design Criteria” the regulations specify:

Setback. Tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. Unless there are unusual geographic limitations or other public policy considerations as determined in the City’s sole discretion, in residential districts and residential land use areas, where permitted, towers shall be setback from all property lines a distance equal to 300 percent (300%) of tower height as measured from ground level. Except as provided herein and except for unusual geographic limitations or other public policy considerations, as determined in the City’s sole discretion, towers shall comply with the minimum setback requirements of the area in which they are located in all other zoning districts.

Proper interpretation of the intent of this section of the ordinance is important. The property that the tower is located upon is zoned for industry at this time. However, there is an existing rural residence and associated accessory buildings immediately to the west of the property line on property zoned AG but shown as future residential on the Land Use Map. The question is whether the 300% setback applies here since there is the potential for residential activity close to the tower? If the tower were moved to comply with the 231-foot setback, it would be located in the midst of the Nickman lot hindering effective future development of the parcel. Another option would be to relocate the tower site to the southwest corner of the Nickman property which is more likely to be commercial in character. The adjacent lots to the south are currently zoned and developed commercial and the Land Use Map shows future development as commercial. Perhaps this location would be a better “fit” for the tower?

All of this information was discussed before the Planning Commission. The property owner to the west, Mrs. Donna Miller, was present to voice her concerns regarding the tower. Her preference would be for no tower anywhere near her property. She plans to subdivide the fourteen acres she and her husband own next to Nickmans for residential homesites in the future. The presence of a tower would, in her opinion, negatively influence the value of her property for future development. The Millers own the property to the west for the entire length of the Nickman tract. The Alltel people have performed due diligence in applying the requirements for site selection in the UDO. They have investigated all possibilities in the area and the Nickman site is the preferred site. Since the UDO requires a 300% setback for tower sites that abut residential land use, it seems that the best location for the tower is 231 feet (300% of 77 feet) east of the common property line shared by the Nickmans and Millers, with the tower along the south side of the Nickman property. This location appears to be the best compromise for two reasons; first, the south line of Nickmans abuts commercial zoning and land use which is preferable to residential, and second, the 231 foot separation is the minimum setback required by the telecommunications ordinance when the tower is adjacent to residential (Miller’s) land. The Planning Commission recommendation is to locate the tower accordingly.

Co-Location Compatibility

As required in the UDO, the proposed tower will be constructed in such a manner that it can support additional equipment, both on the tower and within the ground enclosure, for two co-locators.

FAA Approval

A letter of review and acceptance is required from the Federal Aviation Administration (FAA) for this tower at this location. The applicant has applied to the FAA but the City has not received the letter at the time these comments are being prepared. The CUP shall not be issued until a favorable letter from the FAA is accepted by the City.

Landscaping

The UDO requires landscaping around the base of the tower. A Landscape Plan has been submitted. The plan shows landscaping on only two sides of the enclosure. The Scotch Pines are acceptable but the quantity needs to be increased to screen all four sides of the enclosure. A suitable gap in the planting is allowed for the gate assuming driveway access for maintenance vehicles is required. The trees must be kept alive. If they perish they must be replaced.

The Planning Commission recommended approval of the Conditional Use Permit with the following provisions (in italics):

The Landscape Plan consist of nursery grown Austrian Pine, Scotch Pine, Jack Pine, White Pine, Colorado Blue Spruce, Black Hills Spruce, Norway Spruce, or a combination thereof (other species for substitution must be approved by the City Planner in writing) five to six feet in height (not including the root ball of the tree in height measurement) planted on 15-foot spacing around the exterior perimeter of the 40 by 40 foot enclosure (a suitable gap in the planting is allowed for the gate assuming driveway access for maintenance vehicles is required), and the trees must be kept alive (if they perish they must be replaced).

Since that time a revised Landscape Plan has been submitted showing Scotch Pines on two sides of the enclosure. The quantity of Scotch Pines on the revised plan shall be increased to provide screening on all four sides of the enclosure, with the exception of the vehicle gate which must be unobstructed to provide maintenance access.

The base of the tower shall be no closer than 231 feet from the southwestern corner of the Nickman property along their south property line.

The Site Plan has been revised to show the tower in compliance with the above specified location, 235 feet from the southwestern corner of the Nickman property along their south property line.

Gary Cassel from Alltel presented this matter to the Council. He stated that there are still some concerns from the residents adjacent to their location as far as the location of the tower. His intention was to explain why they are still here and why they are still locating in somewhat the same location even though they did move and lower the site. Some time ago, Alltel Communications made a request for permission to put up cellular towers. This issue deals with finite locations. When you get a mature system or a system that is already in existence, then you have to start filling in holes and gaps. Since Kearney is rapidly growing, what they are seeing and feeling is the growth pattern. This has caused not getting a dial tone at peak times, which in essence, means they just cannot get through. New growth such as the mall that has gone in since they last brought in a site is causing them a problem covering the mall. His job was to find a location on the north side of town and so he went directly to the city zoning department and the staff to find what was in the best interest of the City. One suggestion was to do something vertically on something that was already in existence. They found there was a huge tower that was not too far away, although a little further then they wanted it to be. There were also some concerns about structural issues of that tower which is the reason it ended up not being used. However, the process for a lease negotiation was started anyway through the direction of the City. They agreed that this was the way to go because they wanted to make that vertically and nicely done and not just sitting out there without landscaping. His company did a structural analysis on the tower at a cost of about $5,000-$6,000 and found that they could not use the tower without either cutting 60 feet off the top or replacing the tower completely. It is not because it was so old, but because there has been some updated ordinances for wind load factors and ice. The existing tower was fine, but Alltel does not want to use anything that would cause issues with airports or the possibility of falling. A report was given to the City on the response with the structural analysis.

The new water tank was considered as a site. However, it is very close to one of the existing sites and was not feasible. The second direction from the City was to go to an industrial zoned property. There was just one M-2 zoned property in the north, which is owned by the Nickmans. They consulted an attorney and arranged for a lease negotiation. At that time, the tower was 180 feet and it was on the northwest side of the property in the corner. They decided after some communication with the City and Alltel to accept the lease with Alltel. Alltel had actually hired some new RF people and they had gotten the tower down to 77 feet. Originally, they had been looking at co-location and they wanted to make the tower higher so that someone else could co-locate on it. For Alltel’s main purpose, it only needed to be 77 feet.

At the Planning Commission meeting, it was determined that the neighbors next door were irritated about the fact that the tower would be right on the edge of their property line. He was appreciative of their concerns. Being located in an industrial property and even if they were to go into a commercial property, they would not want to be any closer to the road than they are already. They came to a conclusion, even though it might not have been to the liking of the neighbor, that if they could move it away from the neighbor at least three times the equal distance of the size of the pole, which would comply with the ordinance. They would be as close to the road as they could, but still be away from the neighbor’s property.

Council Member Buschkoetter asked if the tower on the north side of the road is the one that belongs to Platte Valley Communications and if the height is about 200 feet. He also asked about how the 77-foot tower compares to other towers in the Kearney area. Mr. Cassel stated that it is lower than any of the other monopoles in Kearney. Mr. Cassel again stated that the height was not the issue, but the structural analysis. Alltel hired a licensed engineer from the State to do this analysis and due to the changes in the ordinance this structure does not meet standards at the present time. The analysis stated that perhaps what Platte Valley has on there now is a concern. They would either have to cut 60 feet off the tower and/or replace the tower. Mr. Cassel went to Platte Valley and due to money concerns they were not willing to do anything at this time.

Mayor Kotsiopulos asked if the proposed 77-foot tower had the potential for co-location. City Planner confirmed that this tower has that potential. Mr. Cassel stated that all their towers are constructed with the option of adding two or three carriers. He believes that there will be other carriers interested because this is located on the cusp of a hill, which is good topography for that area.

Mayor Kotsiopulos also asked due to the new ordinances would the existing tower, owned by Platte Valley, be subject to the height restrictions or would if fall under a grandfather clause. City Planner stated that the tower was placed before the City required conditional use permits for towers. We do not have a CUP for it. If it were to be replaced, then it would fall under the new ordinance and would require a CUP, full review, and would have to have the ability for co-location. If this issue came up again, and there were a new tower in place with room for new carriers to come on that would be good. Regarding the Alltel tower that is being presented, if the old one came down and were replaced, it would also have to meet the new code requirements. The height is determined by the RF engineers to show the City what they require for their technology, which plays into the airport issues.

Council member Kearney asked the City Planner if the provision in the ordinance to replace any dead trees was the result of the complaints received when the trees died surrounding the tower on 33rd Street and Lakeview Drive? City Planner stated that a 77-foot tower is not going to be screened by trees, but it does make a difference to have trees around the base. The landscape ordinance states that any landscaping that is required will be replaced if it dies. They wanted to make it clear by restating it in the ordinance. Mr. Cassel said he was in complete agreement with that provision.

There was no one present in opposition to this hearing.

Moved by Blankenship seconded by Zapata to close the hearing and approve the Application submitted by Gary Cassel for Alltel Communications of Nebraska (Applicant), and Larry and Ronald Nickman (Owner of Property) for a Conditional Use Permit for the location of a 77-foot monopole with a 40 foot by 40 foot equipment inside a confined area on property zoned “District M-1/PD Limited Industrial/Planned Development Overlay District” and described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (6204 2nd Avenue) subject to the landscape plan consist of nursery grown Austrian Pine, Scotch Pine, Jack Pine, White Pine, Colorado Blue Spruce, Black Hills Spruce, Norway Spruce, or a combination thereof [other species for substitution must be approved by the City Planner in writing] five to six-foot in height [not including the root ball of the tree in the height measurement] planted on 15-foot spacing around the exterior perimeter of the 40 by 40 foot fenced enclosure [a suitable gap in the planting is allowed for the gate assuming driveway access for maintenance vehicles is required] and the trees must be kept alive [if they perish they must be replaced] and that the base of the tower be no closer than 231 feet from the southwest corner of the Nickman property along their south property line. Roll call resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion carried.

CONDITIONAL USE PERMIT – KEARNEY PUBLIC SCHOOLS

Mayor Kotsiopulos opened the public hearing on the Application submitted by Art Hansen (Applicant) for School District #7, Buffalo County, Nebraska (Owner) for a Conditional Use Permit for the location of a wide area network tower at Central Elementary and eleven telescoping antennae poles over 35 feet above roofline on property zoned “District R-1, Urban Residential Single-Family District”, “District R-3, Urban Residential Multi-Family District (Medium Density)”, “District R-3/ND, Urban Residential Multi-Family District (Medium Density)/Historic and Neighborhood Conservation Overlay District”, “District C-3, General Commercial District” and described as follows: Lots 1292 through 1303, inclusive, Original Town of Kearney Junction, now the City of Kearney; Tax Lot 1 in the Northeast Quarter of the Northeast Quarter of Section 2, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska; the south part of Lot 15, Southeast Quarter School Section Addition to the City of Kearney; Lots 1 through 10, inclusive, of Block 2, Kearney Plaza 6th Addition to the City of Kearney; Lot 1, High School Addition to the City of Kearney; Lots 1 through 110, Patterson’s Subdivision to the City of Kearney; all of Block 19, Kearney Land and Investments Company 1st Addition to the City of Kearney; Lot 1, Block 1, Elementary School Addition to the City of Kearney; Formerly Lots 10 through 23 of Block 7, Plainview Subdivision to the City of Kearney; Lots 7 through 12 inclusive of Block 19, Perkins and Harfords Addition to the City of Kearney; Lot 1 of Block 2, Grandview Estates Addition to the City of Kearney; Lot 1 of Block 6, Colonial Estates 4th Addition to the City of Kearney, all in Buffalo County, Nebraska (300, 310 West 24th Street; 2705 Avenue E; 76 Plaza Boulevard; 915 West 35th Street; 3610 6th Avenue; 1511 5th Avenue; 1010 East 53rd Street; 910 East 34th Street; 3000 7th Avenue; 4611 Avenue N; and 4211 20th Avenue). Planning Commission recommended approval subject to the guy wires will be used and that the height restrictions for the towers be waived based on the presentation.

Council member Buschkoetter vacated his chair and abstained from discussion and voting on this issue for the reason he is employed by the Kearney Public School District.

Kearney Public School System is pursuing approval of a Conditional Use Permit (CUP) to locate a wide area network tower at Central Elementary School and eleven associated telescoping antenna poles at other school sites. The purpose of this project is to link the school sites together for computer communications. The provisions of the Telecommunications section of the Unified Land Development Ordinance (UDO) apply to this project.

There are several items from the UDO to be presented here for consideration by the Planning Commission and City Council as they apply to this application. At first it seems that these regulations will not permit the applicant to install the equipment as they wish. However, there is a section of the UDO that grants relief from the provisions of the ordinance to “governmental units.” The Planning Commission and staff agreed that Kearney Public Schools qualifies as a unit of government.

For the benefit of the Council, the following sections of the code are the ones that may require consideration for a deviation as a condition of the Conditional Use Permit. Such deviations are allowable since the CUP is approved for a unit of government, in this case, Kearney Public Schools.

· Antenna Height

· Architectural compatibility

· Structural Support

· Co-Location requirements

· FAA approval

Antenna Height

The proposed tower and each of the eleven antennas exceed the allowable maximum height in each of their respective zoning districts. All units will be roof-mounted. The tower at Central Elementary is approximately 45 feet in height making the overall height approximately 85 feet once it is attached to the roof of the building. The telescoping antenna are 35 feet in height. The Telecommunications section of the UDO has several paragraphs included that regulate antennas. In the section called “Antenna Criteria” the regulations are specified. This section states:

· In no event shall an antenna project more than ten (10) feet above the roofline.

Architectural compatibility

In the section called “Antenna Criteria” the regulations specify:

· The antenna must be architecturally compatible with the building and wall on which it is mounted and designed and located so as to minimize any adverse aesthetic impact.

· The antenna, facilities and accessory equipment shelter must be architecturally and visually (color, size, bulk) compatible with surrounding existing buildings, structures, vegetation and/or uses or those likely to exist under the terms of the underlying zoning. Such antenna, facilities and accessory equipment shelter will be considered architecturally and visually compatible if they are camouflaged to disguise the facility.

· No antenna shall be permitted on property designated as an individual landmark or as a part of a historic district, unless such antenna has been approved in accordance with the City Code.

Structural support

In the section called “Guy wires restricted” the regulations specify:

No guy or other support wires shall be used in connection with such antenna, antenna array, or its support structure except upon approval of a Conditional use Permit.

Co-Location requirements

The UDO states:

· New towers and antenna support structure shall be designed to accommodate co-location for antenna for more than one (1) user throughout the City in zoning districts as permitted by this section, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.

FAA Approval

Approval from FAA is not required for this project.

The Planning Commission recommended approval of the Conditional Use Permit recognizing that guy wires will be used for support and that the height restrictions for the towers be waived based on the fact that Kearney Public Schools is a governmental unit.

Art Hansen from the Kearney Public Schools presented this matter to the Council. He stated that the intent of this tower and antenna is to install a wireless computer network for the entire school district. This will save the school district a considerable amount of money to have a network of their own.

There was no one present in opposition to this hearing.

Moved by Zapata seconded by Kotsiopulos to close the hearing and approve the Application submitted by Art Hansen (Applicant) for School District #7, Buffalo County, Nebraska (Owner) for a Conditional Use Permit for the location of a wide area network tower at Central Elementary and eleven telescoping antennae poles over 35 feet above roofline on property zoned “District R-1, Urban Residential Single-Family District”, “District R-3, Urban Residential Multi-Family District (Medium Density)”, “District R-3/ND, Urban Residential Multi-Family District (Medium Density)/Historic and Neighborhood Conservation Overlay District”, “District C-3, General Commercial District” and described as follows: Lots 1292 through 1303, inclusive, Original Town of Kearney Junction, now the City of Kearney; Tax Lot 1 in the Northeast Quarter of the Northeast Quarter of Section 2, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska; the south part of Lot 15, Southeast Quarter School Section Addition to the City of Kearney; Lots 1 through 10, inclusive, of Block 2, Kearney Plaza 6th Addition to the City of Kearney; Lot 1, High School Addition to the City of Kearney; Lots 1 through 110, Patterson’s Subdivision to the City of Kearney; all of Block 19, Kearney Land and Investments Company 1st Addition to the City of Kearney; Lot 1, Block 1, Elementary School Addition to the City of Kearney; Formerly Lots 10 through 23 of Block 7, Plainview Subdivision to the City of Kearney; Lots 7 through 12 inclusive of Block 19, Perkins and Harfords Addition to the City of Kearney; Lot 1 of Block 2, Grandview Estates Addition to the City of Kearney; Lot 1 of Block 6, Colonial Estates 4th Addition to the City of Kearney, all in Buffalo County, Nebraska (300, 310 West 24th Street; 2705 Avenue E; 76 Plaza Boulevard; 915 West 35th Street; 3610 6th Avenue; 1511 5th Avenue; 1010 East 53rd Street; 910 East 34th Street; 3000 7th Avenue; 4611 Avenue N; and 4211 20th Avenue) subject to the requirement that guy wires will be used and that the height restrictions for the towers be waived based on the presentation. Roll call resulted as follows: Aye: Kotsiopulos, Blankenship, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.

IV. CONSENT AGENDA

Moved by Kotsiopulos seconded by Kearney that Subsections 1 through 11 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship. Nay: None. Motion carried.

1. Approve Minutes of Regular Meeting of September 24, 2002.

2. AFLAC $1,433.18 Ded; Alltel $2,378.51 Various; Almquist, R $62.50 Su; Amer Electric $170.82 Rep; Amer Red Cross $29.00 Various; AT&T $60.82 Serv; ATCO Int’l $168.65 Serv; Aten, V $35.00 Reim; B&B Auto Glass $2,004.51 Rep; Baird, Holm $2,965.00 Serv; BBW Environmental $165.00 Tr,Trn; Beideck, J $41.95 Cla; Bennett, T $1,132.50 Various; Bosselman Oil $11,302.95 Inv; Brill, K $14.49 Tr,Trn; Buffalo C Treasurer $7,514.00 Various; Buffalo Co Court $279.91 Ded; Buffalo Co District Court $129.00 Ded; Buffalo Co Sheriff $84,007.00 Comm; Canada Life Assurance $2,156.19 Ded; Carrothers Construction $89,428.50 Serv; CB&I Constructors $124,150.00 Serv; CDW Government $9,586.17 Equip; Central Community College $294.00 Trn; Central District Health Dept $82.00 Serv; Central Fire $36.00 Su; CH2M Hill $1,760.43 Serv; CHAD $10.00 Ded; Chamberlain, T $8.00 Ref; Charter Paging $42.82 Serv; City of Ky $109,710.05 Various; Civic Plus $12,667.50 Serv; Clark Enersen Partners $6,706.21 Serv; Cleaning Solutions $1,725.00 Serv; College Savings Plan of NE $160.00 Ded; Conner, D $14.49 Tr,Trn; Conseco Life Insurance $38.00 Ded; Copy Cat $570.00 Serv; Cordova, T $17.25 Tr; Corp Diversified Services $74,548.62 Various; Crises Negotiation Assoc $1,050.00 Tr,Trn; Crowell, T $129.00 Tr; Culligan $106.00 Various; Dell $3,197.17 Various; Depository Trust $2,096,078.63 Prin, Int; Dominion Construction $3,976.38 Rep; Double M Farms $2,000.00 Various; Downing, J $182.40 Tr; Dutton-Lainson $2,418.63 Serv; Eakes Office Plus $119.90 Serv; Ecolab $26.00 Su; Econ Dev Council $55,000.00 Various; Epixtech $12,490.10 Serv; Fairbanks $5,051.62 Rep; Family Advocacy Network $300.00 Tr,Trn; Fenemore, C $37.50 Serv; Foot-Joy Drawer $1,372.23 Inv; Fremont Nat’l Bank $31,907.24 Ded; Frontier $986.43 Serv; Gale Group $563.93 Bks; Gangwish Turf $72.23 Various; Geersen, K $36.00 Reim; Gene’s Electric $92,631.00 Serv; Grimes, S $14.49 Tr,Trn; H&G Cleaners $1,817.00 Serv; Hach $379.24 Su; Harrison, R $311.80 Tr; Harshbarger, K $51.75 Tr; ICMA RC $2,430.51 Ded; IRS $74,236.81 Ded; ISDN $230.25 Serv; James, D $432.00 Serv; James W. Bell $25.23 Su; Kelley Electric $5,000.00 Comm Betterment; Klein, D $35.00 Reim; Kotschwar, T $162.40 Tr; Kuykendall, J $387.29 Tr; Ky Area Chamber of Commerce $35,011.47 Taxes; Ky Area Solid Waste Agency $65,764.34 Tipping Fees; Ky Area United Way $554.74 Ded; Ky Diesel & Recovery $30.00 Serv; Ky Family YMCA $1,164.45 Ded; Ky Hockey $4,650.00 Various; L&W Tires $613.16 Su; Larkin Group $2,153.17 Serv; Law Enforcement News $28.00 Dues,Bks; League of NE Municipalities $32,363.00 Various; Lindgren, R $150.00 Pstg; Locton Companies $8,200.00 Prem; Lumbard, J $14.49 Tr; Marlatt Machine Shop $1,070.82 Various; Mattley Advertising $802.23 Serv; McLaughlin, S $644.50 Various; McNeil Fencing $2,772.00 Rep; Meadowbrook $1,413.00 Prem; Mid America Pay Phones $200.00 Serv; Mid-State Units $270.00 Various; Milco Environmental Services $2,640.00 Various; Miller & Associates $184,817.28 Serv; Mosbarger, B $297.04 Tr; Mrvicka, J $17.25 Tr; NASASP $45.00 Dues, Bks; NE Child Support $1,027.09 Ded; NE Dept of Motor Vehicles $6.70 License; NE Dept of Revenue $20,500.14 Ded; NE Dept of Roads $13,810.12 Serv; NE Mosquito and Vector Assoc $240.00 Reg; Nemaha Nursery $68,066.93 Serv; Newman Signs $11.43 Su; Nichols Farrier Service $25.00 Serv; Noel Technologies $30.00 Ref; North Central Lab $412.89 Serv; Northgate Vet Clinic $51.05 Serv; Northwestern $431.59 Serv; NPPD $121.83 Various; Nuencio, R $16.00 Ref; Officenet $17,023.07 Equip; Orr, L $118.88 Tr; Patterson, B $87.06 Pstg; Peerless Machine $798.00 Rep; Petersen, R $221.20 Tr; Preferred Mail $140.70 Pstg; Prescott, J $50.00 Tr; RDG Crose Garner Shukert $15,325.00 Serv; Ready Mixed Concrete $564.00 Rep; Riverside Animal Hospital $1,574.50 Serv; Rourke Publishing $1,634.85 Bks; S-F Analytical Lab $475.00 Serv; Schmidt, A $257.69 Tr; Schmitt, D $14.49 Tr; School District #7 $1,296.65 Remittance; See Clear Cleaning $1,800.00 Serv; Senior Hospitality Center $6,337.00 Funding; Shafer, Kline & Warren $2,693.00 Serv; Sherwin Williams $664.85 Comm Betterment; Snap On Tools $9.00 Su; State of NE Div of Comm $26.43 Serv; Story, G $640.94 Tr; Sutphen $475,091.38 Equip; Thompson, L $75.00 Rep; Titleist Drawer $7,681.99 Inv; Union Oil $1,352.26 Inv; Urbanek, G $24.00 Reim; US Postmaster $370.00 Pstg; Village Cleaners $120.00 Cla; Visionary Systems $200.00 Trn; Wagner Irrigation $119.80 Su; Weiss Ratings $587.85 Bks; Wessels, W $159.30 Tr; Wilke, C $17.25 Tr; Xerox $87.63 Various; Young, J $10.85 Tr; Young, M $51.75 Tr; Zubrod, D $207.69 Tr; Payroll Ending 09-21-2002 -- $221,924.80. 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 Agreement to Provide Services between the City of Kearney and TerraScan providing a Geographic Information System and approve Resolution No. 2002-237.

RESOLUTION NO. 2002-237

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Agreement to Provide Services”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and TerraScan, Inc., a Nebraska corporation, be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

PASSED AND APPROVED THIS 8TH DAY OF OCTOBER, 2002.

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

4. Approve the application for a Special Designated License submitted by ALLEY ROSE in connection with their Class I/K21763 Liquor License to dispense beer, wine and distilled spirits in the Extension Building at the Buffalo County Fairgrounds, 3807 Avenue N, on November 23, 2002 between the hours of 3:30 p.m. and 1:00 a.m. for a wedding reception.

5. Approve the request submitted by Janet Miller to extend Conditional Use Permit No. 1998-08 for a Bed and Breakfast located at 5510 West 30th Street for a period of two years.

6. Approve Application and Certificate for Payment No. 1 in the amount of $24,357.46 submitted by Blessing, LLC for the 2002 Part IV Improvements consisting of Paving Improvement District No. 2001-858 for the alley between 1st Avenue and 2nd Avenue from 15th Street to 16th Street, Paving Improvement District No. 2002-869 for the alley between 1st Avenue and 2nd Avenue from 21st Street to North Railroad Street, and Paving Improvement District No. 2002-870 for the alley between Central Avenue and Avenue A from 21st Street to North Railroad Street and approve Resolution No. 2002-238.

RESOLUTION NO. 2002-238

WHEREAS, Blessing, LLC has performed services in connection with the 2002 Part IV Improvements consisting of Paving Improvement District No. 2001-858 for the alley between 1st Avenue and 2nd Avenue from 15th Street to 16th Street, Paving Improvement District No. 2002-869 for the alley between 1st Avenue and 2nd Avenue from 21st Street to North Railroad Street, Paving Improvement District No. 2002-870 for the alley between Central Avenue and Avenue A from 21st Street to North Railroad Street, and the parking lot located northwest of the Library, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $24,357.46 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

Original Contract Sum	$394,096.50

Contract Sum To Date	394,096.50
Gross Amount Due	27,063.85
Retainage	2,706.39
Amount Due to Date	24,357.46
Less Previous Certificates for Payment	.00
Current Payment Due	$ 24,357.46

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

PASSED AND APPROVED THIS 8TH DAY OF OCTOBER, 2002.

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

7. Approve Application and Certificate for Payment No. 6 in the amount of $323,641.75 submitted by Blessing, LLC for the 2002 Part III Improvements consisting of Paving Improvement District No. 2001-865 for Kea West Avenue from 11th Street south a distance of 2777± feet, Paving Improvement District No. 2001-866 for 11th Street from 116 feet east of 17th Avenue to Kea West Avenue and approve Resolution No. 2002-239.

RESOLUTION NO. 2002-239

WHEREAS, Blessing, LLC has performed services in connection with the 2002 Part III Improvements consisting of Paving Improvement District No. 2001-865 for Kea West Avenue from 11th Street south a distance of 2777± feet, Paving Improvement District No. 2001-866 for 11th Street from 116 feet east of 17th Avenue to Kea West Avenue, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 6 in the amount of $323,641.75 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

Original Contract Sum	$1,198,207.00

Contract Sum To Date	1,198,207.00
Gross Amount Due	945,666.91
Retainage	47,283.35
Amount Due to Date	898,383.56
Less Previous Certificates for Payment	574,741.81
Current Payment Due	$ 323,641.75

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 6, as shown on Exhibit “A”, be and is hereby accepted and approved.

PASSED AND APPROVED THIS 8TH DAY OF OCTOBER, 2002.

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

8. Approve Change Order No. 3 for a decrease in the amount of $31,235.80, Application and Certificate for Payment No. 11-Final in the amount of $104,513.06, and Certificate of Substantial Completion submitted by Blessing, LLC for the 2000 Part VI Improvements consisting of Paving Improvement District No. 2000-822 for Central Avenue from Talmadge Street to 11th Street and approve Resolution No. 2002-240.

RESOLUTION NO. 2002-240

WHEREAS, Blessing, LLC has performed services in connection with 2000 Part VI Improvements consisting of Paving Improvement District No. 2000-822 for Central Avenue from Talmadge Street to 11th Street, and the City's engineer, Miller & Associates, have filed with the City Clerk change Order No. 3 showing a decrease in the amount of $31,235.80as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 11-Final in the amount of $104,513.06 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

Original Contract Sum	$2,691,336.10
Change Order No. 1 (10-9-2001)	+ 7,820.93
Change Order No. 2 (2-12-2002)	+ 10,285.75
Change Order No. 3 (10-8-2002)	- 31,235.80

Contract Sum To Date	2,678,206.98
Gross Amount Due	2,678,206.98
Retainage	.00
Amount Due to Date	2,678,206.98
Less Previous Certificates for Payment	2,573,693.92
Current Payment Due	$ 104,513.06

WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of May 18, 2002, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 3, as shown on Exhibit “A”, Application and Certificate for Payment No. 11-Final, as shown on Exhibit “B”, and the Certificate of Completion as shown on Exhibit “C” be and are hereby accepted and approved.

PASSED AND APPROVED THIS 8TH DAY OF OCTOBER, 2002.

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

9. Approve Change Order No. 2 for a decrease in the amount of $6,000.00, Application and Certificate for Payment No. 6-Final in the amount of $5,600.00 submitted by Blessing, LLC for the 2001 Part I Improvements consisting of Paving Improvement District No. 2000-839 for Antelope Avenue from Highway 30 north 2020 feet and approve Resolution No. 2002-241.

RESOLUTION NO. 2002-241

WHEREAS, Blessing, LLC has performed services in connection with 2001 Part I Improvements consisting of Paving Improvement District No. 2000-839 for Antelope Avenue from Highway 30 north 2020 feet, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 decreasing the contract sum in the amount of $6,000.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Blessing, LLC and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 6-Final in the amount of $5,600.00 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

Original Contract Sum	$732,179.00
Change Order No. 1 (7-9-2002)	- 20,867.84
Change Order No. 2 (10-8-2002)	- 6,000.00

Contract Sum To Date	705,311.17
Gross Amount Due	705,311.17
Retainage	.00
Amount Due to Date	705,311.17
Less Previous Certificates for Payment	699,711.17
Current Payment Due	$ 5,600.00

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 2, as shown on Exhibit “A”, and Application and Certificate for Payment No. 6-Final, as shown on Exhibit “B”, be and are hereby accepted and approved.

PASSED AND APPROVED THIS 8TH DAY OF OCTOBER, 2002.

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

10. Approve Change Order No. 2 for a decrease in the amount of $20,712.51, Application and Certificate for Payment No. 5-Final in the amount of $1,528.32, and Certificate of Substantial Completion submitted by Blessing, LLC for the 2001 Part III Improvements – Bid B consisting of Paving Improvement District No. 2000-838 for Avenue E from 51st Street to 56th Street, Paving Improvement District No. 2000-841 for 21st Street from 28th Avenue east 351 feet, Paving Improvement District No. 2000-842 for 28th Avenue from 21st Street to West Villa Drive, Paving Improvement District No. 2000-843 for 52nd Street from Avenue E east to its terminus in a cul-de-sac, Paving Improvement District No. 2000-850 for 28th Avenue from 37th Street north to a point 150 feet south of 42nd Street and approve Resolution No. 2002-242.

RESOLUTION NO. 2002-242

WHEREAS, Blessing, LLC has performed services in connection with the 2001 Part III Improvements – Bid B consisting of Paving Improvement District No. 2000-838 for Avenue E from 51st Street to 56th Street, Paving Improvement District No. 2000-841 for 21st Street from 28th Avenue east 351 feet, Paving Improvement District No. 2000-842 for 28th Avenue from 21st Street to West Villa Drive, Paving Improvement District No. 2000-843 for 52nd Street from Avenue E east to its terminus in a cul-de-sac, Paving Improvement District No. 2000-850 for 28th Avenue from 37th Street north to a point 150 feet south of 42nd Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing a decrease in the amount of $20,712.51 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 5-Final in the amount of $1,528.32 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

Original Contract Sum	$490,235.70
Change Order No. 1 (2-12-2002)	+ 7,810.85
Change Order No. 2 (10-8-2002)	- 20,712.51

Contract Sum To Date	477,334.04
Gross Amount Due	477,334.04
Retainage	.00
Amount Due to Date	477,334.00
Less Previous Certificates for Payment	475,805.72
Current Payment Due	$ 1,528.32

WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of April 19, 2002, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 2, as shown on Exhibit “A”, Application and Certificate for Payment No. 5-Final, as shown on Exhibit “B”, and the Certificate of Substantial Completion as shown on Exhibit “C” be and are hereby accepted and approved.

PASSED AND APPROVED THIS 8TH DAY OF OCTOBER, 2002.

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

11. Approve the application for a Special Designated License submitted by ALLEY ROSE in connection with their Class I/K21763 Liquor License to dispense beer, wine and distilled spirits in the Extension Building at the Buffalo County Fairgrounds, 3807 Avenue N, on October 26, 2002 between the hours of 3:30 p.m. and 1:00 a.m. for a wedding reception.

V. CONSENT AGENDA ORDINANCES

None.

VI. REGULAR AGENDA

ORDINANCE NO. 6916 – REZONING; 7247 WEST HIGHWAY 30

Council Member Kearney introduced Ordinance No. 6916, being Subsection 1 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District C-0, Office District” property described as a part of Lots 23 and 24 in East Section 31, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (7247 West Highway 30), 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: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. 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. 6916 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion carried. Ordinance was read by number.

Moved by Buschkoetter seconded by Blankenship that Ordinance No. 6916 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Kotsiopulos, Blankenship, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6916 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.

FINAL PLAT – COVERED WAGON SUBDIVISION

Mayor Kotsiopulos opened for discussion the application submitted by Les Adelung, Attorney-in-Fact (Applicant) for Nicholas and Rose Ponticello (Owner) for final plat approval of “COVERED WAGON SUBDIVISION” to Buffalo County, Nebraska and consider Resolution No. 2002-243.

Ron Ridgway from Miller & Associates was present to answer any questions.

Moved by Blankenship seconded by Zapata to approve the application submitted by Les Adelung, Attorney-in-Fact (Applicant) for Nicholas and Rose Ponticello (Owner) for final plat approval of “COVERED WAGON SUBDIVISION” to Buffalo County, Nebraska and approve Resolution No. 2002-243. Roll call resulted as follows: Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship. Nay: None. Motion carried.

RESOLUTION NO. 2002-243

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “COVERED WAGON SUBDIVISION” a subdivision being part of East Section 31, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, and in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska.

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 8TH DAY OF OCTOBER, 2002.

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

ORDINANCE NO. 6917 – CONDITIONAL USE PERMIT; ALLTEL COMMUNICATIONS

Council Member Zapata introduced Ordinance No. 6917, being Subsection 3 of Agenda Item VI to grant a Conditional Use Permit to Gary Cassel for Alltel Communications of Nebraska (Applicant), and Larry and Ronald Nickman (Owner of Property) for the location of a 77-foot monopole with a 40 foot by 40 foot equipment inside a confined area on property zoned “District M-1/PD Limited Industrial/Planned Development Overlay District” and described as a tract of land being part of the Northeast Quarter of the Southeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (6204 2nd Avenue) subject to the landscape plan consist of nursery grown Austrian Pine, Scotch Pine, Jack Pine, White Pine, Colorado Blue Spruce, Black Hills Spruce, Norway Spruce, or a combination thereof [other species for substitution must be approved by the City Planner in writing] five to six-foot in height [not including the root ball of the tree in the height measurement] planted on 15-foot spacing around the exterior perimeter of the 40 by 40 foot fenced enclosure [a suitable gap in the planting is allowed for the gate assuming driveway access for maintenance vehicles is required] and the trees must be kept alive [if they perish they must be replaced] and that the base of the tower be no closer than 231 feet from the southwest corner of the Nickman property along their south property line, 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 Kotsiopulos 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: Kotsiopulos, Kearney, Zapata, Blankenship, 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. 6917 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Kotsiopulos, Kearney, Zapata, Blankenship, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

Moved by Kotsiopulos seconded by Kearney that Ordinance No. 6917 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6917 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. 6918 – CONDITIONAL USE PERMIT; KEARNEY PUBLIC SCHOOLS

Council member Buschkoetter vacated his chair and abstained from discussion and voting on this issue for the reason he is employed by the Kearney Public School District.

Council Member Kearney introduced Ordinance No. 6918, being Subsection 4 of Agenda Item VI to grant a Conditional Use Permit to Art Hansen (Applicant) for School District #7, Buffalo County, Nebraska (Owner) for the location of a wide area network tower at Central Elementary and eleven telescoping antennae poles over 35 feet above roofline on property zoned “District R-1, Urban Residential Single-Family District”, “District R-3, Urban Residential Multi-Family District (Medium Density)”, “District R-3/ND, Urban Residential Multi-Family District (Medium Density)/Historic and Neighborhood Conservation Overlay District”, “District C-3, General Commercial District” and described as follows: Lots 1292 through 1303, inclusive, Original Town of Kearney Junction, now the City of Kearney; Tax Lot 1 in the Northeast Quarter of the Northeast Quarter of Section 2, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska; the south part of Lot 15, Southeast Quarter School Section Addition to the City of Kearney; Lots 1 through 10, inclusive, of Block 2, Kearney Plaza 6th Addition to the City of Kearney; Lot 1, High School Addition to the City of Kearney; Lots 1 through 110, Patterson’s Subdivision to the City of Kearney; all of Block 19, Kearney Land and Investments Company 1st Addition to the City of Kearney; Lot 1, Block 1, Elementary School Addition to the City of Kearney; Formerly Lots 10 through 23 of Block 7, Plainview Subdivision to the City of Kearney; Lots 7 through 12 inclusive of Block 19, Perkins and Harfords Addition to the City of Kearney; Lot 1 of Block 2, Grandview Estates Addition to the City of Kearney; Lot 1 of Block 6, Colonial Estates 4th Addition to the City of Kearney, all in Buffalo County, Nebraska (300, 310 West 24th Street; 2705 Avenue E; 76 Plaza Boulevard; 915 West 35th Street; 3610 6th Avenue; 1511 5th Avenue; 1010 East 53rd Street; 910 East 34th Street; 3000 7th Avenue; 4611 Avenue N; and 4211 20th Avenue) subject to the requirement that guy wires will be used and that the height restrictions for the towers be waived based on the presentation, 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 Blankenship 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: Kotsiopulos, Kearney, Zapata, Blankenship. Nay: None. Buschkoetter abstaining. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 6918 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Kotsiopulos, Kearney, Zapata, Blankenship. Nay: None. Buschkoetter abstaining. Motion carried. Ordinance was read by number.

Moved by Blankenship seconded by Zapata that Ordinance No. 6918 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Kotsiopulos, Kearney, Zapata, Blankenship. Nay: None. Buschkoetter abstaining. Motion carried.

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6918 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.

FINAL PLAT – BRANDT’S LAKEWOOD 7TH SUBDIVISION

Mayor Kotsiopulos opened for discussion the application submitted by Mitch Humphrey (Applicant) for Greg and Tamara Brandt (Owner) for revised final approval for “BRANDT’S LAKEWOOD 7TH SUBDIVISION” to Kearney County, Nebraska (approximately 350 feet north of W Road and west of Cherrywood Street) and consider Resolution No. 2002-244.

This item and the next item were discussed together but voted on separately.

The applicant is pursuing approval of a final subdivision plat for property located on the south side of the Platte River, approximately 350 feet north of Kearney County Road W and on the west side of Cherrywood Street. This property is zoned RR-2. This subdivision was before the Planning Commission in August and the preliminary plat was approved at that time. The final plat was recommended for approval as well.

Before the project proceeded to City Council in September, the applicant did some additional surveying and found that the lots as they were proposed were too deep. They extended into the existing sandpit lake to the west. At this time, the applicant would like to shorten the lots as shown on the revised version of the final plat. The lot, block, and street configuration is in substantial conformance with the approved preliminary plat. The only difference is the depth of the lots.

A private access road is shown on the final plat heading west between Lot 1, Block 1 and Lot 1, Block 2. This easement is for the owners to gain access to the property to the west for maintenance of the existing dike. The Owners are requesting the Council to waive the paving requirement for this access easement at this time. An agreement was included in the Council packet that restricts all access to Lot 1, Block 1 and Lot 1, Block 2 from the easement unless further development occurs to the west requiring paving of the access road. The access easement would be paved and dedicated as “Fruitwood Street” at such time.

Mitch Humphrey from Buffalo Surveying was present to answer any questions from the Council.

Moved by Zapata seconded by Kotsiopulos to approve the application submitted by Mitch Humphrey (Applicant) for Greg and Tamara Brandt (Owner) for revised final approval for “BRANDT’S LAKEWOOD 7TH SUBDIVISION” to Kearney County, Nebraska (approximately 350 feet north of W Road and west of Cherrywood Street) and approve Resolution No. 2002-244. Roll call resulted as follows: Aye: Kotsiopulos, Blankenship, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.

RESOLUTION NO. 2002-244

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “BRANDT’S LAKEWOOD 7TH SUBDIBISION”, subdivision being part of accretions to Government Lot 2 in Section 32, Township 8 North, Range 16 West of the 6th P.M., Kearney County, Nebraska, and in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) accepted and ordered filed and recorded in the Office of the Register of Deeds, Kearney County, Nebraska.

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 8TH DAY OF OCTOBER, 2002.

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

BRANDT’S LAKEWOOD 7TH SUBDIVISION – WAIVER ON PAVING REQUIREMENTS

Mayor Kotsiopulos opened for discussion the Agreement with James Gregory and Tamara S. Brandt to waive the paving requirement for the private access road that lies within Brandt’s Lakewood 7th Subdivision and consider Resolution No. 2002-245.

Moved by Kotsiopulos seconded by Kearney to approve the Agreement with James Gregory and Tamara S. Brandt to waive the paving requirement for the private access road that lies within Brandt’s Lakewood 7th Subdivision and approve Resolution No. 2002-245. Roll call resulted as follows: Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship. Nay: None. Motion carried.

RESOLUTION NO. 2002-245

WHEREAS, James Gregory Brandt and Tamara S. Brandt are the owners of Brandt’s Lakewood 7th Subdivision, a subdivision of Kearney County, Nebraska; and

WHEREAS, the Owners are seeking a waiver of the paving requirements for the private access road lying between Lot 1 of Block 1, and Lot 1 of Block 2, Brandt’s Lakewood 7th Subdivision; and

WHEREAS, the Owners agree to restrict use to the private access road and will only be used by Owners in order to maintain said property and the Platte River dike; and

WHEREAS, Owners agree that if the land is developed by additional lots to the west of said Brandt’s Lakewood 7th Subdivision, that they will pave this private access road and dedicate the road as Fruitwood Street.

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City Council hereby grants a variance on the paving requirements for the private access road lying between Lot 1 of Block 1, and Lot 1 of Block 2, Brandt’s Lakewood 7th Subdivision, a subdivision of Kearney County, Nebraska until such time as the land is developed to the west of said Brandt’s Lakewood 7th Subdivision, that Owners will pave the private access road and dedicate the road as Fruitwood Street.

BE IT FURTHER RESOLVED that the Owners shall pave and dedicate the road if the City Council so deems it necessary and in the best interests of the public.

PASSED AND APPROVED THIS 8TH DAY OF OCTOBER, 2002.

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

2002 WATER SYSTEM IMPROVEMENTS – AWARD BID

Mayor Kotsiopulos opened for discussion the bids received for the 2002 Water System Improvements consisting of Water Connection District No. 2002-1 for Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence east to Airport Road, thence north to 39th Street; Water Connection District No. 2002-2 for Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a distance of 1,890 feet; Water Connection District No. 2002-3 for 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition, north a distance of 1,371 feet; Avenue F from 27th Street to 28th Street; 28th Street from Avenue E to Avenue F and consider Resolution No. 2002-246 awarding the bid to Midlands Contracting in the amount of $1,129,012.50.

Kirk Stocker, Director of Utilities presented this matter to the Council. In 1997 the City Council approved a Water System Facility Plan prepared by CH2M Hill and Miller and Associates Consulting Engineers. In 1999 the Council adjusted Water Rates to fund the projects recommended in the Plan. The Plan recommended several projects to insure a reliable supply of water to the City of Kearney. Several of those recommended projects have been completed. They include the construction of 3 wells at the Platte River Well Field, completion of the 2.0 Million Gallon Elevated Water Storage Facility, the elimination of the old 250,000 gallon water tower, and the construction of 16-inch diameter water mains on the mile lines as development progresses.

The 2002 Water System Improvements includes other projects recommended in the Plan, Water Connection District 2002-1 for the Alternate Well Field Transmission Main, identified in the Water System Facility Plan, Water Connection District 2002-2, a 16-inch diameter water main in Avenue N, from 60th Street north approximately 2,000 feet, and Water Connection District 2002-3A, a 16-inch diameter water main in 30th Avenue, from 44th Street north to 48th Street. Also, included in the project is a water main replacement project for the replacement of a 2-inch diameter water main around Emerson School in Avenue F and 28th Street.

On September 26, 2002 sealed bids were received in the City Clerk’s office for the 2002 Water System Improvements. Miller and Associates, the City’s Engineer on the project, has done an outstanding job in the design of these improvements and in meeting the City’s schedule for these improvements. The bids received were also outstanding and included 3 bids from contractors in Lincoln, Nebraska, one bid from a contractor in Topeka, Kansas, and another bid from a contractor in Slayton, Minnesota. The size of the project, the time of year that it was bid and the ample amount of time allowed for completion drew the interest of excellent contractors from a broad area.

The low bid received was from Midlands Contracting Inc. of Kearney. Midlands bid was in the amount of $1,129,012.50. Midlands bid was $121,764.65 below the second low bid and $489,191.80 below the high bid received. All of the bids received were below the engineers estimate.

The work associated with the 2002 Water System Improvements was recommended in the 1997 Water System Facility Plan. Water Rates were adjusted in 1999 to insure that the City could finance the improvements and on May 28, 2002 the Council approved an SRF Loan in the amount of $1,500.00 for the Construction of Water Connection District 2002-1, 2002-2 and 2002-3A. All of these projects and the Water Replacement Project around Emerson School were included in the 2002-2003 Budget.

Moved by Kearney seconded by Buschkoetter to approve the bids received for the 2002 Water System Improvements consisting of Water Connection District No. 2002-1 for Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence east to Airport Road, thence north to 39th Street; Water Connection District No. 2002-2 for Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a distance of 1,890 feet; Water Connection District No. 2002-3 for 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition, north a distance of 1,371 feet; Avenue F from 27th Street to 28th Street; 28th Street from Avenue E to Avenue F and approve Resolution No. 2002-246 awarding the bid to Midlands Contracting in the amount of $1,129,012.50. Roll call resulted as follows: Aye: Kotsiopulosr, Kearney, Zapata, Blankenship, Buschkoette. Nay: None. Motion carried.

RESOLUTION NO. 2002-246

WHEREAS, Miller & Associates Consulting Engineers have reviewed the sealed bids which were opened on September 24, 2002, at 2:00 p.m. for the 2002 Water System Improvements consisting of Water Connection District No. 2002-1 for Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence east to Airport Road, thence north to 39th Street; Water Connection District No. 2002-2 for Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a distance of 1,890 feet; Water Connection District No. 2002-3 for 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition, north a distance of 1,371 feet; Avenue F from 27th Street to 28th Street; 28th Street from Avenue E to Avenue F; and

WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $1,869,558.00; and

WHEREAS, the said engineers have recommended the bid offered by Midlands Contracting, Inc. of Kearney, Nebraska in the sum of $1,129,012.50 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 Midlands Contracting, Inc. of Kearney, Nebraska be and is the lowest responsible bidder for the 2002 Water System Improvements consisting of Water Connection District No. 2002-1 for Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence east to Airport Road, thence north to 39th Street; Water Connection District No. 2002-2 for Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a distance of 1,890 feet; Water Connection District No. 2002-3 for 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition, north a distance of 1,371 feet; Avenue F from 27th Street to 28th Street; 28th Street from Avenue E to Avenue F to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Midlands Contracting, Inc. of Kearney, Nebraska in the sum of $1,129,012.50 be and is hereby accepted.

BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the 2002 Water System Improvements in the amount of $1,869,558.00 be and is hereby accepted.

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

PASSED AND APPROVED THIS 8TH DAY OF OCTOBER, 2002.

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

CENTRAL PLATTE NRD AGREEMENT – DIRT TO COVER OLD DISPOSAL SITE

Mayor Kotsiopulos opened for discussion the Agreement with Central Platte NRD to haul dirt from the drainage project to cover an old disposal site located south of 11th Street in Antelope Avenue and consider Resolution No. 2002-247.

Kirk Stocker, Director of Utilities, presented this matter to the Council. In 1997 The City of Kearney, Buffalo County and the Central Platte Natural Resources District entered into an Interlocal Agreement for the Kearney Northeast Drainage Improvement Project. The agreement gave the planning and management of the Project to the Central Platte Natural Resources District. The cost of the Project is to be shared by the three entities, 25% by the City, 25% by the County and 50% by the NRD. So far the NRD has constructed a drop structure at the Wood River in order to control the release of storm water into the Wood River, constructed an improved drainage way from the Wood River to a point on Cherry Avenue South of 56th Street, through property owned largely by the Kearney Municipal Airport and constructed a storm water detention pond on the West side of Avenue N approximately ½ mile north of 56th Street.

The NRD continues to plan for an improved drainage way between the detention pond and the improved drainage way on Cherry Avenue. The NRD is ready to proceed with a project to improve the drainage way between Cherry Avenue and Antelope Avenue. In order to complete this work the NRD has secured easements with the property owners and agreed to construct the project this winter and to have the project completed before planting season next spring. The NRD construction plans indicate that the project will require the removal of about 25,000 to 35,000 cubic yards of excess dirt from the project.

City Administration has prepared an agreement that has been approved by the Central Platte Natural Resources District at its meeting held on Thursday, September 26, 2002. The Agreement calls for the NRD to continue to plan the Kearney Northeast Drainage Project and to bid the next phase of the project. The NRD has agreed to include in the bid for the next phase of the project line items related to the site preparation of the old disposal site, hauling the excess dirt and to place the excess dirt on the disposal site. The agreement requires the City to pay for the site preparation of the disposal site, the hauling of the excess dirt and the placement of the excess dirt on the disposal site to build a soil cap. Administration estimates that 25,000 to 35,000 cubic yards of dirt will cover 40% to 50% of the old disposal site and that the cost to the City for site preparation, hauling and placement of the dirt will range from $200,000 to $300,000. After the bids are received by the NRD, the Agreement allows the City through the Administrative staff to reject or accept the bids received for the items related to covering the old disposal site. City Administration believes that this agreement is a win/win for the City and the other parties to the Interlocal Agreement. The delivery and placement of the dirt at the disposal site will assist the NRD Project and reduce the cost to the City to cover the disposal site. Because of the short haul distance and the availability of free dirt the City estimates that the Agreement will result in a savings of nearly $100,000 to cover this portion of the old disposal site. The savings have prompted Administration to consider delaying the construction of a soil cap for the remaining portion of the disposal site until additional phases of the drainage project are constructed in case excess dirt is available from those projects.

The 2002-2003 Budget includes $800,000 for the covering of an old disposal site owned by the City. The excess dirt from the NRD drainage project will cover about 40-50% of the old disposal site. The availability of free dirt and the short haul distance should amount to a savings of about $100,000 in the cost to cover the site. Administration plans to monitor future phases of the drainage project for a source of dirt to cover the remainder of the disposal site. The agreement allows for a savings on the drainage project and for a savings on the covering of the old disposal site.

This year’s budget includes $800,000 for the covering of the old Antelope Avenue landfill owned by the City. The Central Platte NRD is bidding the next phase of the Kearney Northeast Drainage Project. The Drainage Project is expected to have 25,000 to 35,000 cubic yards of excess dirt. By cooperating with the NRD the City will receive free dirt to be hauled from the drainage project to the old disposal site to be used as cover. The NRD will include site preparation, hauling and placement of the dirt at the old disposal site in its bid for the drainage project. The City will pay the NRD for those costs, expected to range from $200,000 to $300,000. Administration estimates the agreement will result in a savings of nearly $100,000 to cover this portion of the old disposal site.

Moved by Buschkoetter seconded by Blankenship to approve the Agreement with Central Platte NRD to haul dirt from the drainage project to cover an old disposal site located south of 11th Street in Antelope Avenue and approve Resolution No. 2002-247. Roll call resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion carried.

RESOLUTION NO. 2002-247

WHEREAS, on December 9, 1997, the Central Platte Natural Resources District and the City of Kearney entered into an Interlocal Cooperative Agreement with Buffalo County for the Kearney Northeast Flood Control project; and

WHEREAS, the next phase of the Kearney Northeast Flood Control Project has been planned and identified as the Kearney Northeast Watershed Channel Improvements Phase II A and has identified excess dirt on the project that must be removed from the project site; and

WHEREAS, the City of Kearney has budgeted funds to cover an old disposal site located south of 11th Street in Antelope Avenue; and

WHEREAS, the Central Platte Natural Resources District and the City will work together to identify the specifications to be included in the contract for the hauling of the excess dirt from the District Project site and for the site preparation and the embankment or placement of the excess dirt on the City site; and

WHEREAS, an Agreement has been prepared for the City to pay the Central Platte Natural Resources District for the line item bids, to be included in the NRD project bid, for site preparation, hauling and placement of the excess dirt on the City site.

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement, a copy of which, marked Exhibit 1, is attached hereto and made a part hereof, on behalf of the City of Kearney, Nebraska.

PASSED AND APPROVED THIS 8TH DAY OF OCTOBER, 2002.

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

PEDESTRIAN BRIDGE AT YANNEY HERITAGE PARK – AWARD BID

Mayor Kotsiopulos opened for discussion the bids received for the proposed pedestrian bridge for the Yanney Heritage Park Trail and consider Resolution No. 2002-248 awarding the bid to Interstate Structures in the total amount of $86,289.04.

Neal Lewis, Director of Park & Recreation, presented this matter to the Council. This is the bridge in Yanney Park, which is funded by a state trails grant and the Yanney Foundation. This is the second bidding of the project. The first bid was rejected at $116,521.00. The engineer’s estimate is $77,490.55. The project was re-advertised and bids were opened Wednesday, October 2, at 10:00 a.m. Two bids were received with a lighting alternative. Interstate Structures was the low bidder with a base bid of $83,617.00 and an alternate of $2,832.00 for the lighting. The second bid was from Swinney Bridge Construction of Chadron with a base bid of $88,200.00 and an alternate of $2,939.00.

Moved by Blankenship seconded by Zapata to approve the bids received for the proposed pedestrian bridge for the Yanney Heritage Park Trail and approve Resolution No. 2002-248 awarding the bid to Interstate Structures in the total amount of $86,289.04. Roll call resulted as follows: Aye: Kotsiopulos, Blankenship, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.

RESOLUTION NO. 2002-248

WHEREAS, Kirkham Michael Consulting Engineers have reviewed the sealed bids which were opened on October 2, 2002, at 10:00 a.m. for the construction of the Yanney Heritage Park Pedestrian Bridge; and

WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $84,624.10 for the base bid and $2,204.40 for Alternate #1 for a total project cost of $86,828.50; and

WHEREAS, the said engineers have recommended the bid offered by Interstate Structures of Kearney, Nebraska in the sum of $83,457.04 for the base bid and $2,832.00 for Alternate #1 for a total project cost of $86,289.04 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 Interstate Structures of Kearney, Nebraska be and is the lowest responsible bidder for the construction of the Yanney Heritage Park Pedestrian Bridge Project to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Interstate Structures in the sum of $86,289.04 be and is hereby accepted.

BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the construction of the Yanney Heritage Park Pedestrian Bridge Project in the amount of $86,828.50 be and is hereby accepted.

PASSED AND APPROVED THIS 8TH DAY OF OCTOBER, 2002.

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

THE ROMAN – ADDITION TO LICENSED PREMISES

Mayor Kotsiopulos opened for discussion the application for an addition to the licensed premise submitted by T.E. SHELDON, dba “The Roman” in connection with their Class I52918 Liquor License located at 2004 Central Avenue.

The Roman located at 2004 Central Avenue has held a Class “I” (Beer, wine, distilled spirits - On Sale Only) Liquor License since December of 2001. The original application included the entire main floor of the two-story building including the basement.

Mr. Sheldon is requesting to expand the area by including the second floor excluding a 19 x 50 area in the southwest portion of the second floor. The second floor would be used for patrons waiting for tables as well as extra dining space for larger groups of people.

The application was forwarded to the Building and Zoning Division and to the Fire Department for approval. Both departments expressed some concerns regarding life safety.

It appears that Mr. Sheldon has retained the services of Jack Wilkins and Associates to assure the second floor meets the minimum requirements of the Uniform Building Code.

As the application stands today for an addition to the premises to include the second floor, does not meet the Uniform Building Code and/or the Fire Code.

William Sheldon presented this matter to the Council. He stated that their request was for expanding their liquor license to include the upstairs of their building. He was in receipt of a letter from the City Clerk stating that the application had been forwarded to the Building and Zoning and the Fire Department for their approval. Both departments had expressed some concerns regarding life safety, and as the application stands, it does not meet the uniform building code and/or fire code and the administration has recommended denial of the request.

Mr. Sheldon showed that five of the points recommended to comply with the local fire department’s recommendations have been added. The State Fire Marshall is scheduled to make a review, but has not been there to make his report.

Regarding building and zoning, this building was built over 100 years ago so it does not comply with the present building codes. This is a building that they are trying to use and preserve as part of the community heritage. He stated that they are hoping to get a variance on some of the code issues.

Mayor Kotsiopulos stated that his understanding was the liquor license must be approved by the Liquor Commission for any additions to the property. Mr. Sheldon said he has sent in the application, paid the fee; and the property has been reviewed by the City Fire Department and the Health Department. The visit by the State Fire Marshall is the only thing that has not been done. It was his understanding that the Fire Marshall was to make an inspection within 30 days of notification. That 30 days expired last week, but he still had not been there. He believed that the pictures that he brought shows that he is in compliance with the recommendations made and there was no stipulation of a re-inspection only the inspection by the State Fire Marshall.

The Mayor confirmed with the City Clerk that they need approval from the local governing body or it cannot be sent to the Liquor Commission. He stated that what the Council is concerned about is making sure that all requirements are being met before any approval can be given. He stated that things need to be done in a certain order to insure everything has been done properly. He believed that the leverage is the fire and life safety which needs to be proven before the liquor license is considered.

Council Member Kearney stated that he believed that this could be in conflict with what Marty Schukert recommended as far as using the second story of downtown buildings. Mr. Sheldon stated that they are trying to improve the downtown community and believed that they should receive some consideration, since he knows that a 100-year old building will never meet present day codes. Council Member Kearney suggested that the building and zoning approval should be the first order of business and then the liquor issue could be addressed after that approval.

Council Member Buschkoetter stated he is very excited about what they are trying to do. The Council is very interested in having others downtown utilize the second floor of their buildings. However, to him the life safety issue is of the utmost importance. He suggested that after the local Fire Department and the State Fire Marshall’s office have inspected the premises and if it meets code then it could start more growth for second floor development downtown.

Mayor Kotsiopulos stated that this Council always does their homework and are avid readers. They rely heavily on the data provided by several boards and commissions of the City, including the local fire department. A letter in the next packet from Ken Tracy or a qualified person would greatly increase the Council’s comfort level about the safety of this building.

Council Member Zapata suggested that this matter be tabled until the details are worked out and fixed, then it would more likely be approved when it is brought back. By this time, the State Marshall should have his report.

Mr. Sheldon stated that his concern still would be that certain codes might not be able to be met so some allowance would still need to be made. Council Member Buschkoetter stated he believed that if the State Fire Marshall says it is a safe area; then they could negotiate with Ken Tracy about minor revisions.

Council member Blankenship asked if our city building inspector has actually been to the building to do an inspection. Mr. Sheldon stated that he has never been there. The City Clerk stated that when the City received this request from the Liquor Commission she forwarded it to Building and Zoning and the Fire Department, this was the first that they knew about it. There was not a building permit issued for this renovation and so they had no knowledge of the plan to use the second floor for any kind of occupancy. Mr. Sheldon stated that there has been no major renovation done, only resurfacing and painting.

Council member Blankenship also noted that in the packet that they have retained the services of Jack Wilkins to meet the minimum requirements up there. Mr. Wilkins is knowledgeable of the UDO. He suggested they follow through with Mr. Wilkins and to make the improvements deemed necessary. The fire and safety concern was his main objection at this time. He also pointed out that there are examples of other people here in town that have redone buildings downtown, maybe not 100 years old, but have fully complied. We need to make sure we are following code.

Moved by Blankenship seconded by Zapata to table the application for an addition to the licensed premise submitted by T.E. SHELDON, dba “The Roman” in connection with their Class I52918 Liquor License located at 2004 Central Avenue. Roll call resulted as follows: Aye: Kotsiopulos, Buschkoetter, Kearney, Zapata, Blankenship. Nay: None. Motion carried.

APPROVE PLANS FOR 25TH STREET & AVENUE N INTERSECTION IMPROVEMENTS

Mayor Kotsiopulos opened for discussion the Plans and Specifications for 25th Street and Avenue N intersection improvements and set the bid opening date for October 29, 2002 at 2:00 p.m.

Bruce Grupe, City Engineer, presented this matter to the Council. Earlier this summer the Nebraska Department of roads completed a signalization study of the intersection of 25th Street and Avenue "N" which justified the installation of a traffic signal. An agreement was previously approved by the City Council and the Nebraska Department of Roads concerning this project. The agreement requires the City of Kearney to design the project and allows for the cost of the project to be shared by both parties on an equal basis. Plans have been completed and have been reviewed by the Nebraska Department of Roads.

Administration request that the City Council approve the plans and specifications for the 25th Street and Avenue "N" intersection improvements and set a bid date of October 29th, at 2:00 pm. The proposed completion date for this contract is December 31, 2002.

Moved by Zapata seconded by Kotsiopulos to approve the Plans and Specifications for 25th Street and Avenue N intersection improvements and set the bid opening date for October 29, 2002 at 2:00 p.m. Roll call resulted as follows: Aye: Kotsiopulos, Kearney, Zapata, Blankenship, Buschkoetter. Nay: None. Motion carried.

OPEN ACCOUNT CLAIMS NONE

There were no Open Account Claims.

VII. REPORTS

None.

VIII. ADJOURN

Moved by Buschkoetter seconded by Blankenship that Council adjourn at 8:59 p.m. Roll call resulted as follows: Aye: Kotsiopulos, Zapata, Blankenship, Buschkoetter, Kearney. Nay: None. Motion carried.

PETER G. KOTSIOPULOS

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK

ATTEST:

CITY CLERK

Retainage

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

Amount Due to Date

2,678,206.98

Less Previous Certificates for Payment

2,573,693.92

Current Payment Due

$ 104,513.06

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

Original Contract Sum

$732,179.00

Change Order No. 1 (7-9-2002)

- 20,867.84

Change Order No. 2 (10-8-2002)

- 6,000.00

Contract Sum To Date

705,311.17

Gross Amount Due

705,311.17

Retainage

.00

Amount Due to Date

705,311.17

Less Previous Certificates for Payment

699,711.17

Current Payment Due

$ 5,600.00

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

Amount Due to Date

477,334.00

Less Previous Certificates for Payment

475,805.72

Current Payment Due

$ 1,528.32

AND EX-OFFICIO MAYOR

ATTEST:

CITY CLERK

RESOLUTION NO. 2002-245

PRESIDENT OF THE COUNCIL

ATTEST:

CITY CLERK

ATTEST:

CITY CLERK

PRESIDENT OF THE COUNCIL

ATTEST:

CITY CLERK

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