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Kearney, Nebraska

December 13, 2005

7:00 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on December 13, 2005, in the Council Chambers at City Hall.  Present were: Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent: None.  Michael W. Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Management Assistant; Wendell Wessels, Director of Finance and Administration; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Jerry Thompson, Steve Johnson, Ken Tracy, Gisel Theis, Terry Eirich, Sonny O’Connor, Jaret Pettit, Todd Walton, Rich Spellman, Judy Spellman, Emmett Maul, Barb Thompson, Tom Tye, Larry Butler, Paul Younes, Terry Broadfoot, Mark Benjamin, Jerry Grossart, Hong Lim, Khim Lim, Doug Holmes, Michelle Liming, Rhoda Brown, Mike Cahill from KKPR Radio, Mike Konz from Kearney Hub, and Steve Altmaier from KGFW Radio.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

A moment of silent prayer was held.

 

PLEDGE OF ALLEGIANCE

 

The Kearney Volunteer Fire Department led the Council members and audience in the Pledge of Allegiance.

 

RECOGNITION – KVFD SERVICE AWARDS

 

Mayor Hadley and Council Members recognized and presented service awards to the following firefighters of the Kearney Volunteer Fire Department: Richard Spellman – 30 years, Jerry Thompson – 15 years, Todd Walton – 10 years, Jason Whalen – 5 years.  These firefighters have given many hours of their time in responding to fire-rescue emergencies, firefighter training, assisting with public fire prevention and safety education programs, serving as fire department officers, and serving on various types of committees.

 

RECOGNITION – KVFD FIREFIGHTER 1 COURSE CERTIFICATES

 

The following firefighters of the Kearney Volunteer Fire Department were recognized for their completion of the Firefighter I Course. Mayor Hadley and Council Members presented Certificates of Training awards to Sonny O’Connor and Jared Pettit. These individuals have already dedicated a minimum of 120 hours in this course. In addition to the Firefighter 1 Course, these individuals are continuously training with other firefighters at monthly and specialty trainings.

 

RECOGNITION – RESOLUTION OF APPRECIATION AND SUPPORT TO THE KEARNEY VOLUNTEER FIRE DEPARTMENT

 

Mayor Hadley read the following Resolution of Appreciation and Support and presented it to the Kearney Volunteer Fire Department.

 

CITY OF KEARNEY, NEBRASKA

RESOLUTION OF APPRECIATION AND SUPPORT

 

      WHEREAS, the City of Kearney, Nebraska is very fortunate to have been blessed with citizens who have dedicated their time and lives to serve as volunteer firefighters at the Kearney Volunteer Fire Department; and

      WHEREAS, the Insurance Services Office recently completed a Public Protection Classification survey for the City of Kearney as to the structure fire suppression delivery system and Kearney received the overall fire safety rating of a Class 2 (throughout the United States, only 0.7% of the communities rated by ISO have achieved a Class 2 rating); and

      WHEREAS, the members of the Kearney Volunteer Fire Department volunteer countless hours to receive training in an effort to provide fire safety within the City of Kearney and the surrounding area; and

      WHEREAS, these volunteer firefighters are instrumental in saving lives and property through their tireless efforts and dedication; and

      WHEREAS, the City Council and the citizens of the City of Kearney wish to express their gratitude and praise to each and every one of these volunteer firefighters for all of their efforts in saving lives and property within the City of Kearney and the surrounding area.

      NOW, THEREFORE, BE IT RESOLVED that on behalf of the citizens of Kearney, Nebraska we want to express our deepest gratitude for the unselfish dedication, volunteerism and efforts given by each of these firefighters of the Kearney Volunteer Fire Department.

      Passed and approved this 13th day of December, 2005.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

LIQUOR/MANAGER APPLICATION FOR JERSEY’S SPORTS BAR

 

Mayor Hadley opened the public hearing on the application for a Class I-70888 Liquor License submitted by JERSEY’S SPORTS BAR AND GRILL, LLC, dba “Jersey’s Sports Bar”, located at 5012 3rd Avenue, and the application for Corporation Manager of Douglas Holmes, and to consider approval of Resolution No. 2005-201.

 

According to Section 53-132(2) of the Nebraska Revised Statutes states:  A retail license or bottle club license shall be issued to any qualified applicant if it is found by the Liquor Commission that:

1.       the applicant is fit, willing, and able to properly provide the service proposed within the city, village, or county where the premises described in the application are located;

2.       the applicant can conform to all provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act;

3.       the applicant has demonstrated that the type of management and control exercised over the licensed premises will be sufficient to insure that the licensed business can conform to all provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act, and

4.       the issuance of the license is or will be required by the present or future public convenience and necessity.

 

This is an application for a new licensed establishment and new management.  The business is newly constructed and this would be an additional license for the community.  A background investigation was conducted on Doug Holmes as corporate owner and Michelle Liming as operations manager. Jersey’s Sports Bar is opening a new restaurant at 5012 3rd Avenue and is requesting a license to sell liquor on the premises only with the food. 

 

The City Council is concerned with the selling of alcohol to minors in our community, and wants to encourage all license holders to provide the necessary training to all employees that sell or dispense alcohol. Therefore, City staff has developed a form entitled “Liquor License Training Compliance” requiring applicants to document and verify training compliance of their employees. Doug Holmes has returned the form showing Michelle Liming completed the “Responsible Beverage Training Program on November 16, 2005 and that he would be completing the course in the near future. 

 

Doug Holmes, 511 Durinda Street, St. Libory, Nebraska presented this matter to the Council. He stated that in his conversations with Officer McLaughlin of the Kearney Police Department and Investigator Lori Rogers with the Nebraska State Patrol, he assured them that in their hiring policy for the sports bar they are implementing an employee handbook.  The state patrol has an excellent on-line training program that all employees including kitchen staff and dishwashers will be required to take and pass before they are allowed to work for them.  He realizes that this is an extremely sensitive situation that carries a lot of responsibility and they certainly take it seriously. 

 

Council member Clouse stated their application and the report that was completed by the police officer was very thorough.  He did not have any problems with this application.  Council member Kearney stated that they are very concerned about minors here in Kearney regarding some bad experiences in the past.  He expressed his hope that they will be extra cautious regarding this.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and recommend approval of the application for a Class I-70888 Liquor License submitted by JERSEY’S SPORTS BAR AND GRILL, LLC, dba “Jersey’s Sports Bar”, located at 5012 3rd Avenue, approve the application for Corporation Manager of Douglas Holmes, and approve Resolution No. 2005-201. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-201

 

            WHEREAS, JERSEY’S SPORTS BAR AND GRILL, dba “Jersey’s Sports Bar” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘I-70888’ (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License to do business at 5012 3rd Avenue, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, JERSEY’S SPORTS BAR AND GRILL, dba “Jersey’s Sports Bar” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Douglas Holmes; and

            WHEREAS, a hearing was held relating to said application on December 13, 2005.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘I-70888’ (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License to JERSEY’S SPORTS BAR AND GRILL, dba “Jersey’s Sports Bar” located at 5012 3rd Avenue, Kearney, Nebraska, and to approve the application for Corporate Manager of Douglas Holmes.

            BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the Council action favoring the issuance of said license in the Minute Record of the proceedings of the Council.

            PASSED AND APPROVED THIS 13TH DAY OF DECEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

LIQUOR/MANAGER APPLICATION FOR BICO’S

 

Mayor Hadley opened the public hearing on the application for a Class I-70918 Liquor License submitted by  BOULEE, LLC, dba “Bico’s”, located at 3012 West Highway 30, and the application for Corporation Manager of Hong Lim, and to consider approval of Resolution No. 2005-202.

 

According to Section 53-132(2) of the Nebraska Revised Statutes states:  A retail license or bottle club license shall be issued to any qualified applicant if it is found by the Liquor Commission that:

5.       the applicant is fit, willing, and able to properly provide the service proposed within the city, village, or county where the premises described in the application are located;

6.       the applicant can conform to all provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act;

7.       the applicant has demonstrated that the type of management and control exercised over the licensed premises will be sufficient to insure that the licensed business can conform to all provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act, and

8.       the issuance of the license is or will be required by the present or future public convenience and necessity.

 

This is an application for an existing licensed establishment but new management.  Bico’s is reopening an existing restaurant at 3012 West Highway 30 and is requesting a license to sell liquor on the premises only with the food.  A background investigation was conducted on the business itself as well as Mr. Lim as the owner/manager. Mr. Lim has experience in this type of business activity from previously managed restaurants. During the background investigation, it was determined that Mr. Lim’s driving privileges have been suspended. He did note this on the application.

 

The City Council is concerned with the selling of alcohol to minors in our community, and wants to encourage all license holders to provide the necessary training to all employees that sell or dispense alcohol. Therefore, City staff has developed a form entitled “Liquor License Training Compliance” requiring applicants to document and verify training compliance of their employees. Hong Lim, the proposed manager, has returned the attached form showing that his employees have or will complete training though the Kearney Police Department. 

 

Hong Lim, 1403 17th Avenue, presented this matter to the Council. He stated that he totally understood about what previously happened in Kearney regarding serving to minors.  He will be bringing in the Kearney Police Department to host a seminar for his employees.  Mayor Hadley restated the Council takes underage drinking and abiding by liquor laws very seriously. 

 

Council member Clouse stated that the fact that there is a suspension bothered him and he hoped that they pay much more attention to following the liquor laws than they have in following other aspects of the law.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and recommend approval of the application for a Class I-70918 Liquor License submitted by BOULEE, LLC, dba “Bico’s”, located at 3012 West Highway 30, approve the application for Corporation Manager of Hong Lim, and approve Resolution No. 2005-202. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-202

 

            WHEREAS, BOULEE, LLC, dba “Bico’s” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘I-70918’ (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License to do business at 3012 West Highway 30, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, BOULEE, LLC, dba “Bico’s” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of Hong Lim; and

            WHEREAS, a hearing was held relating to said application on December 13, 2005.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘I-70918’ (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License to BOULEE, LLC, dba “Bico’s” located at 3012 West Highway 30, Kearney, Nebraska, and to approve the application for Corporate Manager of Hong Lim.

            BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the Council action favoring the issuance of said license in the Minute Record of the proceedings of the Council.

            PASSED AND APPROVED THIS 13TH DAY OF DECEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

CONDITIONAL USE PERMIT – BROADFOOT SAND & GRAVEL

 

Mayor Hadley opened the public hearing on the Application submitted by Terry Broadfoot from Broadfoot Sand & Gravel (Applicant) and Van Vleet Family Limited Partnership (Owner) for a Conditional Use Permit to locate a dredge operation to extract fill material on property zoned “District AG, Agricultural District” and described as a tract of land being part of Section 10, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (west of Kea West Avenue and north of Interstate 80.  Note for the record that the total acreage for this tract of land is 181.54 acres.)  Planning Commission recommended approval with the following conditions:  (1) The duration of the permit shall be five years from the date of issuance by City Council; (2) a site plan shall be approved and made part of the permit; and (3) reservation of a strip of undisturbed land 100 feet in width for future roadway corridor to line up with Talmadge Street to the east.  Said future roadway corridor shall be depicted on the Site Plan. 

 

The applicant is requesting approval of a Conditional Use Permit (CUP) to mine sand and gravel and haul it off site on the Van Vleet property located west of Kea West Avenue and north of Interstate 80.  The site area is 181.54 acres, more or less, although it was advertised as only 11.427 acres.  This difference in area was noted at the Planning Commission hearing and the applicant stated that the intent was to have the CUP apply to the entire 181.54 acres even though the first phase will encompass a much smaller area.

 

As a conditional use, the proposed operation is subject to any conditions that the City may require in order to mitigate any negative external affects and make the project fit within the context of its location and surroundings.  As such, the permit is temporary in nature as opposed to rezoning of the property to allow the proposed use which would be perpetual.  The City certainly would not support rezoning this site to M-1 or M-2 that would allow resource extraction by right.  Therefore, staff reviewed this application and recommended to the Planning Commission that the following conditions be attached and made a part of the CUP:

(a)     The duration of the permit shall be five years from the date of issuance by the City Council.

(b)     A Site Plan shall be approved and made a part of the permit depicting the areas of the site to be mined, the areas to be left as they exist including trees and native vegetation to be saved, areas for stockpiling of materials, phasing and internal haul routes.  The Public Works Department requests reservation of a strip of undisturbed land 100 feet in width for future roadway corridor to line up with Talmadge Street to the east.  Said future roadway corridor shall be depicted on the Site Plan.

(c)     No truck traffic originating or returning from this mining operation will be allowed at any time on Kea West Avenue during the duration of the permit.

(d)     All truck traffic associated with this operation shall use 30th Avenue.

 

The Planning Commission considered the testimony of the applicant and city staff and recommended approval of the CUP with two conditions attached, represented by (a) and (b) above, the five-year limit and a site plan.  A site plan has been submitted.

 

Even though the Planning Commission was informed of staff concerns regarding heavy truck traffic on Kea West Avenue and potential conflicts with the patrons and activities of Yanney Park, they chose to allow the truck traffic with no conditions specified in the permit. Apparently, the mutual consensus was that the park is not yet developed enough to warrant concerns about truck traffic on a public city street.  Although this was their recommendation to City Council, City staff still believes that the safety issues related to truck traffic are significant and that some compromise be proposed to address this issue.  By the applicant’s own calculations there could be as many as 48 trucks per day on the roadway.

 

Yanney Park is still developing.  A new building called the ERC will be constructed this spring at a cost approaching $1 million.  A major new entrance and further development of major park amenities are proposed along Kea West Avenue within the next five years.  The status of the park has been elevated tremendously in recent negotiations with private benefactors.  Many people may not perceive Yanney Park as a park yet because it is still developing.  The park is designed to attract people to recreate and relax and is especially used by young mothers and children.  Many of the park facilities encourage non supervised or less supervised activities.  The issue becomes one of risk and liability.  On one side of the road we have leisure services and on the other side an industrial gravel mine and truck operation.  Are these uses compatible?  Why should people be put at risk?  Can we afford the liability when other options are available?  The gravel trucks can access 30th Avenue but it will not be as convenient and will cost more to operate.  30th Avenue is a major arterial, one leg of the Kearney Beltway while Kea West Avenue is only a collector street.  An internal haul road could be constructed to take all of the gravel off site from 30th Avenue.

 

Perhaps the conditions of the permit should consider the development of the area.  At this time there is not much development in the area other than the park, and the park itself is still developing.  To some degree it makes sense to haul the gravel now, while the area is undeveloped, instead of waiting for the future when the conflicts between truck traffic and surrounding uses will be even greater.  If the permit is issued for five years one of the conditions could be to limit use of Kea West Avenue to two years to allow the first phase to be mined and allow time to build an internal haul road to 30th Avenue.  If, after two years no significant development of the park has occurred and none is anticipated in the immediate future, perhaps the Council would extend the permit to use Kea West Avenue for an additional time period.  If major activity is occurring at the park, the 30th Avenue haul route would be required.  The Council could also add a condition to the permit that requires the trucking operation to be suspended with 48 hours notice from the City of major community activities that are planned at the park during business hours.

 

For comparisons sake, Harmon Park could be used as an example.  Unlike Yanney, Harmon is fully developed.  Would citizens support a trucking route next to Harmon Park?  If Yanney Park develops at the anticipated rate over the next five years would citizens support a trucking route next to the park?  If it fails to develop at that rate, then maybe the trucking is acceptable.  One must consider also that any major benefactor that is contemplating a large donation to the park may think twice about doing so with unrestricted heavy truck traffic next to the park for the next five years.

 

Attorney Larry Butler presented this matter to the Council. He represents Terry Broadfoot, Paul Younes and Mark Benjamin (BD Construction). The intent is to develop this land into a residential area, using multiple lakes and residential lots around them.  To accomplish this, these three individuals have contracted with Broadfoot Sand & Gravel to pump the gravel and sand out of that property to create lakes.  Mr. Butler originally contacted City officials in early August to discuss the project.  It was his understanding at that time; they thought that this looked like a feasible project. 

 

City staff requested the applicant get some kind of direction from the Army Corp. of Engineers because there was a potential that there were some wetlands on some of this area.  He received a letter from the Army Corp. of Engineers, dated August 19, 2005, indicating that they do not have any regulatory problems with this proposal. Based on that information, they submitted an application.  They had a hearing before the Planning Commission on November 18, 2005.  A few days prior to that, he received a phone call from Mr. Lang indicating that the City had some concerns with the project.  He believed that basically the concern was regarding the control of traffic on Kea West Avenue.  During the DRT meeting (November 16), they were able to resolve some of the issues, but the major issue about Kea West Avenue remained unresolved. 

 

He explained that the original proposal was to start pumping on the west and move east. They decided after that meeting, it would be better to start on the east, pumping that out and starting on that part of the development.  These lots would be developed into residential lots, which would be closest to Yanney Park.  The reason for this would be that the indication from the City was concern about the effect on Yanney Park and the traffic that would be using it.  The result of the specific concern about traffic on Kea West Avenue was that Planning Commission unanimously agreed to recommend to City Council that the CUP be approved with the only restriction of five years and the site plan contain a 100-foot corridor to allow for the extension of Talmadge Road sometime in the future. 

 

Mr. Butler stated that they did agree to that, but had made some compromises earlier.  Their intention is to do this project very slowly; it is not their intention to make this the major site for Broadfoots in terms of gravel.  They will not have more than one pump on this location.  They will not be running numerous trucks; some days there will be none at all.  There was also considerable discussion previously about other trucks that use Kea West Avenue.  There is another Broadfoot business (not related to this business) that uses it on their gravel operation. 

 

Mr. Butler agreed that Yanney Park is an asset to the community and they have certainly supported it in terms of the cliental that he represents.  Yanney Park still has to be a neighbor to the other utilizations of those surrounding properties.  His clients believe that this project will be advantageous because as the residential area is developed, than the park will develop.  Most activities at Yanney Park sit back from Kea West Avenue, not right up next to it. 

 

The alternative the City had previously offered is that they use 30th Avenue, which they did not find to be a reasonable alternative for the east part of the project.  He stated that 30th Avenue south of 11th Street is gravel and has a wooden bridge, which is not in the best condition (although they would help to maintain it).  On 30th Avenue, there is a new church with numerous activities throughout the week.  A proposal is being looked into for a second church to be built around that same location.  He believed that most importantly, just east of 30th Avenue is West Lincolnway Park which has a lot of activity on it.  With the number of ballgames and the number of children that use that park, is not a good alternative for them to use 30th Avenue at this time.  They maintain using Kea West Avenue at least until the east part of the project developed.  They agree to accept the five-year CUP.  In actuality, it will probably be a 10-12 year process.  The new proposal is to use Kea West Avenue for only two years, which is not acceptable to them.  What two years says to them is to get out and put a lot of traffic out there and utilize it a lot.  That is what they want to avoid. 

 

The Planning Commission recognized and considered these issues and recommended unanimously to City Council to not restrict their utilization of Kea West Avenue.  He thought that Council should take that as strongly as they meant it.  Planning Commission member Stan Dart offered to write a letter to that effect.  Jim Ganz, Jr. offered to come to the Council Meeting as Chairman of the Planning Commission to inform you how they reviewed this issue. 

 

Mr. Butler also voiced concern about wording that was used by the City official which he did not know was a scare tactic or unfounded.  The statement was completely unfounded regarding the effect on a possible donor to a private foundation if Broadfoot were allowed to use Kea West Avenue.  Mr. Butler stated that the purpose of this project is to enhance this area.  He compared the area to the Grandpa’s Steak House area, because he believed if the lakes were not there that area would not have developed.  The amenities, like the lakes, make those areas attractive.  They estimate it will take five years to pump the east.  The problem with hauling out to the west is there is a natural waterway that runs though this.  For them to be able to drive from the eastside to the west would require to build some kind of wooden bridge to get there because that accumulates water.  When they get to the other end they will try to switch and pump from that side.  For the east side pumping, they need to be able to use Kea West Avenue with a five-year CUP. 

 

Mr. Butler stated they have submitted a second site plan to the City.  His understanding is that it was approved except that they have some right angles where the 100-foot corridor goes through.  From what he understands, they realize that as they start pumping they will follow where the gravel is.  They have not cored that entire land so as they start pumping, the exact road corridor might be determined.  They are very much agreeable that that they will leave a 100-foot corridor though there to run Talmadge Road.  The rest of the requirements are not a problem. 

 

Council member Clouse asked about activities out there because one of the concerns is the safety aspect.  He asked if they are willing to work with Yanney Park officials if they have some big events to cut back on hauling.  Mr. Butler responded they were in agreement.  The original proposal was for them to give 48-hours notice before a big event.  It was discussed at Planning Commission they will work with them after notice because they do not want to drive through lots traffic, which is not profitable.  Yanney Park also enhances the lots that they want to sell, so they want to see Yanney be successful.

 

Council member Buschkoetter asked how difficult would it be to have to come back to the Planning Commission after two years and ask for the extension at that time?  Mr. Butler stated that would be extremely difficult because they are going to make a $500,000 investment into this piece of land.  To potentially have that access cut off before they can develop the entire eastern section would be economically unfeasible.  Council member Buschkoetter suggested that if they were being a good neighbor to Yanney Park with a good relationship, they could always come back and ask for an extension of the CUP. Mr. Butler again stated that borrowing money and making that kind of commitment without assurance of adequate time to complete the eastern development would not be feasible.  He wanted to make sure everyone knew this would not be their major pumping site because that has already been established. 

 

Mr. Butler stated that they would be cooperative with Yanney Park, but to limit them to anything short of five years would not be economically feasible.  Mr. Butler stated that they want to be cooperative and have made some compromises; they originally wanted the CUP for ten years.  They basically were told that was not going to fly so they came back and agreed to five years.

 

Mayor Hadley stated that all parties involved need to make sure this results in a win/win situation.  He believed that the entire development will eventually be a wonderful place with Yanney Park, etc.  He has every confidence that Mr. Butler, his clients, the Yanney Park people, and the City can work together to see that it does not become a problem.  It is in the best interest of everybody that it does work.  Council members Lear and Kearney agreed.

 

Council member Buschkoetter stated in addition to the humanities and good neighbor aspect, there is a vested financial interest to make sure this operation is done safely for Broadfoot and his company.  Council member Buschkoetter also expressed his confidence that the safety aspect will be mitigated the best way possible.  He commented that the Council is in a rather difficult position by having to make a decision based on the advise from two different groups, both of which they trust. They obviously have a lot of faith in the Planning Commission that is a very important advisory board to them, but City staff was also doing their job by giving their information. 

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Terry Broadfoot from Broadfoot Sand & Gravel (Applicant) and Van Vleet Family Limited Partnership (Owner) for a Conditional Use Permit to locate a dredge operation to extract fill material on property zoned “District AG, Agricultural District” and described as a tract of land being part of Section 10, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (west of Kea West Avenue and north of Interstate 80 noting that the total acreage for this tract of land is 181.54 acres) subject to compliance with the following conditions: (1) The duration of the permit shall be five years from the date of issuance by the City Council; (2) a site plan shall be approved and made a part of the permit; (3) Permittee shall reserve a strip of undisturbed land 100 feet in width for future roadway corridor to line up with Talmadge Street to the east; said future roadway corridor shall be depicted on the Site Plan; and (4) Permittee shall make every effort to coordinate with Yanney Heritage Park officials, as requested, regarding possible events that might create conflicts with truck traffic. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

PROPOSED AMENDMENT TO SECTION 47-105 “ACCESSORY BUILDINGS FOR RR-1 AND RR-2 DISTRICTS”

 

Mayor Hadley opened the public hearing on the proposed amendment to Section 47-105 C “Accessory Buildings for RR-1 and RR-2 Districts” of Chapter 47 “Supplemental Development Regulations” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to decrease the footage required for Interior Side Yard to 25 feet and to define the requirements for animal production in the RR-1 and RR-2 Districts and the separation from residential uses for animal production.  Planning Commission recommended approval.

 

Director of Public Works Rod Wiederspan presented this matter to the Council. In September a proposed code amendment for interior sideyard setbacks for accessory buildings in District RR zones was brought before the Planning Commission.  At that time, Janis Hoagland and her husband had requested the amendment to solve a problem they had with siting a detached garage on a lot with steep terrain.  The Planning Commission believed the best alternative was to send the Hoagland’s to the Board of Adjustment rather than amending the code section which would then apply to all District RR zone settings.  When the issue went to the City Council some concerns were raised as to how this amendment related to the keeping of livestock animals in the RR zones and the Council remanded the issue back to Planning Commission for further review.  In November, the Planning Commission heard the issue again and voted in support of the amendment proposed by the City Planning Staff.

 

Chapter 47 of the Unified Land Development Ordinance (UDO), “Supplemental Development Regulations” specifies setbacks for accessory buildings in different residential zoning districts under Section 47-105 (c).  In District RR-1, Rural Residential District (Rural Standards) and District RR-2, Rural Residential District (Intermediate Standards) the side yard setback for accessory buildings is currently 50 feet.  This setback seems excessive for detached garages or shop buildings but acceptable for barns, stables and similar buildings for the keeping of animals.  The proposed amendment is designed to allow for both situations.  It shows the required interior side yard to be 25 feet with an asterisk that refers the reader to a section below that sets forth requirements for animal production in the RR-1 and RR-2 districts.  If the building will be used for the keeping of animals the setback shall be increased from 25 to 50 feet from any property line.

 

In Chapter 46, “Supplemental Use Regulations,” RR-1 and RR-2 residential is again referenced in section 46-102.  This section of the code is to be amended to be consistent with the amendment of 47-105 to increase the setback from 25 feet to 50 feet for outbuildings used for the keeping of animals.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the proposed amendment to Section 47-105 C “Accessory Buildings for RR-1 and RR-2 Districts” of Chapter 47 “Supplemental Development Regulations” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to decrease the footage required for Interior Side Yard to 25 feet and to define the requirements for animal production in the RR-1 and RR-2 Districts and the separation from residential uses for animal production. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

IV.    CONSENT  AGENDA

 

Moved by Hadley seconded by Kearney that Subsections 1 through 3 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held November 22, 2005.

 

2.         Approve the following Claims: 3M $2,178.00 smcs; A Affordable Travel $105.00 smcs; AT&T $112.41 smcs; A.M. Player $177.72 smcs; Ace Hardware $22.32 smcs; Ace Irrigation $403.84 smcs; Advance Auto Parts $7.33 smcs; AFLAC $1,681.30 ps; Alamar $392.81 smcs; Alley Rose $73.92 smcs; Allied Electronics $65.60 smcs; Alltel $5,001.91 smcs; Amax Contracting $343.02 smcs; Amazon $22.21 smcs; Amer Electric $143.47 smcs; Amer Library Assoc $120.00 smcs; AWWA $1,592.00 smcs; Ampco Parking $23.75 smcs; Anderson Industrial Engine $96.23 smcs; ARFF Working Group $125.00 smcs; Ask Supply $107.87 smcs; Athletic Bus Publication $485.00 smcs; Auto Glass Center $150.50 smcs; B&B Auto Glass $100.00 smcs; Baker & Taylor $982.49 smcs; Bamford $450.00 smcs; Baristas Daily Grind $26.62 smcs; Barney Insurance $105.00 smcs; Bear Frame $49.95 smcs; Bellevue Settle Inn $71.68 smcs; Ber Seminar $179.00 smcs; Big Flag $50.40 smcs; Bluecross Blueshield $21,614.36 smcs; Bobs Super Store $293.01 smcs; Bookmark $378.98 smcs; Broadfoot's $980.00 smcs; Buffalo Co Attorney $18,750.00 smcs; Buffalo Co Court $89.18 ps; Buffalo Co Election $10,000.16 smcs; Buggy Bath $2,118.75 smcs; Builders Warehouse $2,447.06 smcs,co; Buttress,S $2,458.57 smcs; Cabela's $3,917.71 smcs; Cando $7,000.00 smcs; Cash-Wa $280.41 smcs; CED Enterprise $350.08 smcs; Cellphoneshop.net $16.79 smcs; Centaur Enterprises $934.74 smcs; Central Auto Electric $28.92 smcs; Central Fire & Safety $108.00 smcs; Central Hydraulic $184.74 smcs; Central NE Equipment $81.10 smcs; CPNRD $39,499.54 co; Chad $16.00 ps; Chamberlain Group $83.58 smcs; Charter Communications $63.41 smcs; Charter Paging $22.46 smcs; Chesterman $180.50 smcs; City of Ky $182,546.97 smcs.ps; City of Salina $889.44 ps; Clark Enersen Partners $2,321.40 co; College Savings Plan of NE $100.00 ps; Colorado Chapter ICC $520.00 smcs; Computer Hardware $97.50 smcs; Computer Warehouse #4 $85.85 co; Conner,D $31.25 smcs; Conseco Life Insurance $38.00 ps; Construction Rental $164.41 smcs; Copycat Printing $367.66 smcs; Corporate Apparel $285.04 smcs; Council on Education $1,946.00 smcs; Cowpoke $424.80 smcs; Creative Teacher $32.54 smcs; Crocker Monogramming $205.50 smcs; Crossroads Ford $745.96 smcs; Culligan $175.00 smcs; Cummins Central Power $403.12 smcs; Danielson,S $179.20 smcs; Dawson Co Public Power $19,147.91 smcs; Dell $637.01 smcs,co; Delta Air $599.58 smcs; Demco $352.61 smcs; Depository Trust $726,975.00 ds; Dept. of the Treasury $1.64 ps; Double M Farms $2,000.00 smcs; DPC Industries $7,546.80 smcs; Dultmeier Sales $195.22 smcs; Dutton-Lainson $168.00 smcs; Eakes Office $2,783.41 smcs,co; Earl May $79.99 co; Ecolab $27.00 smcs; EDM Equipment $1,017.96 smcs; Eirich, Terry $50.00 smcs; Entenmann-Rovin $67.50 smcs; Envirotech Services $3,794.67 smcs; Eustis Bodyshop $60.00 smcs; Expedia $15.00 smcs; Express Distributing $142.50 smcs; Expression Wear $536.51 smcs; Extensis $598.00 smcs; Fairbanks $921.44 smcs; Farmers Union $42.00 smcs; Fastenal $429.67 smcs; Fiddelke Heating $176.45 smcs; Ford Credit $6,087.38 co; Foster,D $15.97 smcs; Frontier $812.63 smcs; Galeton Gloves $68.15 smcs; Galls $93.99 smcs,co; Garrett Tires $1,625.51 smcs; Gary's I-80 $1,155.00 smcs; Gas N Shop $20.25 smcs; Gordon's Small Engine $13.18 smcs; Graham Tire $42.93 smcs; Grainger.com $1,667.69 smcs; Grand Central IGA $29.24 smcs; GI Independent $138.00 smcs; Great Plains One Call $255.30 smcs; Greg Larson Sports $116.50 smcs; Gusset Clothing $122.47 smcs; Hach $358.74 smcs; Heggemeyer,L $33.21 smcs; Highsmith $30.00 smcs; Hill,M $134.71 smcs; Hobby-Lobby $2.13 smcs; Hoffman Petroleum $187.36 smcs; Holdiay Inn Express $134.64 smcs; Holiday $66.08 smcs; Holmes Plumbing $516.66 smcs; Hometown Leasing $208.91 smcs; Horizon Middle School $100.00 smcs; Hydrologic $355.26 smcs; I-80 Eppley Express $275.40 smcs; ICMA Retirement Trust $5,184.26 ps; Industrial Fabrics $2,467.40 smcs; IRS $174,113.06 ps; Int'l Code Council $143.50 smcs; Island Supply $290.00 smcs; Jack Lederman $265.72 smcs; Jacobsen, Orr, Nelson $2,132.55 smcs; JC Penney $2,096.63 smcs; John Deere Credit $5,354.40 ds; Johnson,S $50.00 smcs; Johnstone Supply $13.11 smcs; JRS Western $3,338.18 smcs; K&K Parts $275.41 smcs; Ky Warehouse $1,041.94 smcs; Ky Area United Way $586.36 ps; Ky Concrete $4,458.23 smcs,co; Ky Crete & Block $94.95 smcs; Ky Hub $221.00 smcs; Ky Humane Society $10,000.00 smcs; Ky Implement $1,798.74 smcs; Ky Quality Sewing $4.99 smcs; Ky Towing $1,102.50 smcs; Ky Winlectric $110.94 smcs; Ky Winnelson $595.27 smcs; Ky Yamaha $720.21 smcs; Kelley,M $202.68 ps; Kelly Supply $766.38 smcs; Kicks 66 $31.19 smcs; Kids In Cars $85.44 smcs; Killlion Motors $518.39 smcs; Kirkwood,M $6.53 smcs; Kmart $58.74 smcs; Kooyman,R $200.00 ps; Kwik Stop $14.90 smcs; Kyocera $57.47 smcs; L.T.'s Brokerage $779.20 smcs; Laser Art Design $60.00 smcs; Lastar.com $126.54 smcs,co; Laughlin, Kathleen $720.00 ps; Lawson Products $60.37 smcs; Lawyers Weekly $179.00 smcs; Lincoln Truck Center $117.81 smcs; Linda's Upholstery $68.90 smcs; Lindner,S $232.33 smcs; Linweld $355.31 smcs,co; LIPS Printing $266.50 smcs; Lockmobile $22.50 smcs; Loebig,J $35.10 smcs; Luke,D $10.14 smcs; Magic Cleaning $250.00 smcs; Mail Express $149.41 smcs; Marchand,M $359.62 smcs; Marlatt Machine Shop $75.00 smcs; Marriott Cornhusker $224.00 smcs; Mathew Bender $28.45 smcs; Mclaughlin,P $40.24 smcs; Menards $1,615.09 smcs; Metlife $4,083.25 ps; Midlands Contracting $87,210.38 smcs,co; Midwest Laboratories $165.00 smcs; Midwest Turf $1,204.86 smcs; Mieth,T $26.76 smcs; Miller & Associates $10,900.00 smcs; Miller Signs $445.00 smcs,co; Misko Sports $814.30 smcs; Morningstar $35.00 smcs; Morris Press $12.50 smcs; Mosbarger,B $200.00 ps; Mr Automotive $1,564.89 smcs; Municipal Supply $1,341.75 smcs; Murphy Tractor $36.79 smcs; Napa All Makes $1,376.60 smcs; Nat'l Fire Sprinkler $50.00 smcs; NWWA $2,960.94 smcs; NCS Equipment $126.80 smcs; NE Child Support $2,736.33 ps; NE Crime Commission $3.00 smcs; NE Dept of Revenue $62,058.42 smcs,ps; NE DMV $32.50 co; NE DOL/Office of Elevator $300.00 smcs; NE Health Lab $384.00 smcs; NE Machinery $1,509.13 smcs; NE State Fire Marshal $360.00 smcs; NE Statewide $70.00 smcs; NE Supreme Court $68.50 smcs; NE Well Drillers Assoc. $170.00 smcs; Newman Traffic Signs $89.04 smcs; Nogg Chemical $1,367.15 smcs; Northern Tool $133.76 smcs; Northwest Electric $7.54 smcs; Northwestern Energy $10,595.26 smcs; Novus $31.50 smcs; ODI Our Designs $180.45 smcs; Office Depot $783.78 smcs; Office Max $257.75 smcs,co; Office Net $31.70 smcs; O'Keefe Elevator $125.92 smcs; Old Navy $69.75 smcs; Omaha Sleep Inn $62.89 smcs; Omaha World Herald $72.80 smcs; OMB Police Supply $942.93 smcs,co; On-Site Mobile Sharpening $33.74 smcs; O'Reilly $811.84 smcs; Oriental Trading $56.32 smcs; Orscheln $1,099.73 smcs; Outdoor Recreation $128.00 smcs; Overhead Door $719.00 smcs; Paradise Way Publishing $299.00 smcs; Paramount $158.62 smcs; Paulsen $390,495.94 coPayflex Systems $382.50 ps; Payne,B $14.00 smcs; Peerless Machine $12.00 smcs; Perspectives $60.37 smcs; PGA of America $1,550.00 smcs; Physicians' Desk $119.90 smcs; Pioneer Manufacturing $97.05 smcs; Pitney Bowes $164.46 smcs; Pizza Hut $19.43 smcs; Platte Valley Comm. $1,490.68 smcs; Polk City Directories $291.00 smcs; Potter,B $16.51 smcs; Presto-X $129.00 smcs; Purchase Power $35.00 smcs; Quality Books $46.60 smcs; Quill $430.76 smcs; R&R Products $19.65 smcs; Radio Shack $18.98 smcs; Radisson Hotels $420.25 smcs; Random House $1,071.60 smcs; Ready Mixed Concrete $906.75 co; Reams Sprinkler $317.66 smcs; Recognition Unlimited $31.80 smcs; Recorded Books $948.80 smcs; Redman's Shoes $3,004.09 smcs; Regional Books $137.04 smcs; REI Fire Rescue Magazine $69.94 smcs; Reserve Account $8,000.00 smcs; Respond First Aid Systems $154.70 smcs; Robot Factory $65.00 smcs; Rockler Woodwork $9.98 smcs; Sagebrush $59.72 smcs; Sahling Kenworth $56.98 smcs; Sapp Brothers Petroleum $39,458.89 smcs; Schwans $53.94 smcs; Sears $7.96 smcs; See Clear Cleaning $1,900.00 smcs; Senior Hospitality Center $2,000.00 smcs; Service Plus $610.50 smcs; S-F Analytical Laboratories $674.00 smcs; Sheraton Hotel $434.35 smcs; Sherwinn Williams $141.09 smcs; Shirt Shack $2,443.20 smcs; Sid Dillion Wahoo $43,048.22 co; Snap-On Tools $707.07 smcs; Solid Waste Agency $59,828.50 smcs; Solid Waste Equipment $10,569.80 smcs; Sporting Edge $90.00 ps; State of NE/ DAS $19.01 smcs; Sun Life Financial $20,242.80 smcs; Sunrise Middle School $100.00 smcs; Sydow,J $40.00 smcs; Tecco $1,699.29 smcs; Tech Ed Solutions $2,400.00 smcs; Technology Education $298.00 smcs; Thomson Gale $4,527.65 smcs; Tigerdiret $692.89 smcs,co; Tokay Software $210.00 smcs; Tomark Sports $424.61 smcs; Tractor Supply $1,801.30 smcs; Triangle Metals $22.58 smcs; Tye & Rademacher $8,383.30 smcs; U Save Foods $128.28 smcs,ps; U.S. Bank $787.50 smcs; U.S. Postmaster $540.00 smcs; Union Oil $4,425.04 smcs; United Air $451.90 smcs; United Seeds $1,027.82 smcs; United Way $300.00 smcs; University of NE at Kearney $38.95 smcs; UPS $34.78 smcs; Urbanek, Greg $9.82 smcs; USPS $61.66 smcs; Van Diest Supply $981.00 smcs; Vermont Systems $932.00 smcs; Village Uniform $423.07 smcs; W.T. Cox Subscription $45.00 smcs; Wal-Mart $2,508.70 smcs; Washington State Support $204.00 ps; Water Environment $350.00 smcs; WEF Membership $88.00 smcs; Wellman,P $21.21 smcs; Wiederspan,R $43.56 smcs; Wilke Donovans $283.00 smcs; Wilson & Company $3,900.00 smcs; Winternals Software $380.40 co; Xerox $93.85 smcs; Yanda $11.60 smcs; Young,M $10.14 smcs; Zimmerman Printers $1,705.00 smcs; Payroll Ending 11-26-2005 -- $261,585.94; and Payroll Ending 12-10-2005 -- $264,273.90.  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 recommendation submitted by the Fire Chief to include the following as members of the Kearney Volunteer Fire Department:  Dan Spellman, Aaron Adams, John Jacobsen, Jeff Walbrun, Luke Bazyn, Andrew Bennett, Mason Dendinger, and Jay Mollring and approve Resolution No. 2005-203.

 

RESOLUTION NO. 2005-203

 

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

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

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

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

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

            PASSED AND APPROVED THIS 13TH DAY OF DECEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7226 – CONDITIONAL USE PERMIT TO BROADFOOT SAND & GRAVEL

 

Council Member Kearney introduced Ordinance No. 7226, being Subsection 1 of Agenda Item VI to grant a Conditional Use Permit to Terry Broadfoot from Broadfoot Sand & Gravel (Applicant) and Van Vleet Family Limited Partnership (Owner) to locate a dredge operation to extract fill material on property zoned “District AG, Agricultural District” and described as a tract of land being part of Section 10, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (west of Kea West Avenue and north of Interstate 80 noting that the total acreage for this tract of land is 181.54 acres) subject to compliance with the following conditions: (1) The duration of the permit shall be five years from the date of issuance by the City Council; (2) a site plan shall be approved and made a part of the permit; (3) Permittee shall reserve a strip of undisturbed land 100 feet in width for future roadway corridor to line up with Talmadge Street to the east; said future roadway corridor shall be depicted on the Site Plan; and (4) Permittee shall make every effort to coordinate with Yanney Heritage Park officials, as requested, regarding possible events that might create conflicts with truck traffic, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. 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. 7226 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7226 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7226 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. 7227 – AMEND SECTION 47-105C “ACCESSORY BUILDINGS FOR RR-1 AND RR-2 DISTRICTS”

 

Council Member Lear introduced Ordinance No. 7227, being Subsection 2 of Agenda Item VI to amend Section 47-105 C “Accessory Buildings for RR-1 and RR-2 Districts” of Chapter 47 “Supplemental Development Regulations” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to decrease the footage required for Interior Side Yard to 25 feet and to define the requirements for animal production in the RR-1 and RR-2 Districts and the separation from residential uses for animal production, 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: Hadley, Buschkoetter, Lear, Clouse, 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. 7227 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Hadley that Ordinance No. 7227 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7227 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. 7228 – AMEND SECTION 46-102 B “SUPPLEMENTAL USE REGULATIONS: AGRICULTURAL USES” OF CHAPTER 46 “SUPPLEMENTAL USES REGULATIONS”

 

Council Member Lear introduced Ordinance No. 7228, being Subsection 3 of Agenda Item VI to amend Section 46-102 B “Supplemental Use Regulations: Agricultural Uses” of Chapter 46 “Supplemental Uses Regulations” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to clarify the language to coincide with the amendment to Section 47-105 C “Accessory Buildings for RR-1 and RR-2 Districts” of Chapter 47 “Supplemental Development Regulations” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to clarify the language to coincide with Section 47-105 “Accessory Buildings” of Chapter 47 “Supplemental Development Regulations” of the Unified Land Development Ordinance being a part of the Code of the City of Kearney, Nebraska as it relates to animal production in the RR-1 and RR-2 Districts, 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: Hadley, Buschkoetter, Lear, Clouse, 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. 7228 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Hadley that Ordinance No. 7228 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7228 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.

 

COMPREHENSIVE REVITALIZATION PROGRAM – PROPOSED PLAN

 

Mayor Hadley opened for discussion the submitting the proposed plan on the Comprehensive Revitalization Program to the Nebraska Department of Economic Development for the targeted area east to west from Avenue M to 4th Avenue and north to south from 16th Street to 11th Street and to consider approval of Resolution No. 2005-204.

 

Assistant to the City Manager Amber Brown presented this matter to the Council. The Comprehensive Revitalization Program is a new funding category within the Community Development Block Grant program funded and developed by the Nebraska Department of Economic Development.  This program allows DED to conditionally guarantee grant awards in 2006, 2007 and 2008 for seven non-entitlement local governments, between 20,000 and 49,999 populations, based on the number of low- and moderate-income (LMI) persons residing in the community.  The method for allocating funds through the CR category presents the following advantages:

·         Ability to make greater impact through guaranteed funding for longer period of time;

·         Larger, urban municipalities who are non-entitlement communities are eligible;

·         CDBG funding is more effectively targeted to persons with lower incomes.

 

The proposed plan has a targeted census tract which spans an area east to west from Avenue M to 4th Avenue and north to south from 11th Street to 16th Street.  This census tract is located in southeast Kearney.    

 

There are several reasons supporting the selection of this census tract.  The City of Kearney employed a comprehensive approach to identify and prioritize capital improvement needs throughout the entire community.  This effort included a web survey, suggestion cards and a community needs assessment.  The City Council and City staff also conducted 42 listening sessions throughout the community, including two town hall meetings.  Three public meetings were facilitated in the LMI designated areas within the City.  Citizen response to the request for input was overwhelming.  In summary, the City received 1,637 suggestions, 736 suggestion cards returned and over 700 citizens attended the listening sessions.

 

This area was chosen by examining the priority needs that were discovered during the assessment process.  The top five needs, based on the number of comments received, are as follows:

  • Streets, sidewalks, traffic
  • Library expansion
  • Parks and Recreation facilities (Harmon Park Activity Center)
  • Downtown Improvements
  • Senior Center Improvements

 

An area selected for improvements had to meet the LMI requirement of 51% or greater.  In this area, 66.6% of residents are considered those with low- to moderate-incomes, which will meet the national objective of the CDBG program to benefit low and moderate-income persons.

 

There are four streets in need of paving in the area.  Paving all gravel streets in the community is a top priority for the City Council and staff.  The area in Kearney with the largest number of gravel streets was one with residents who do not meet the LMI requirement.  Therefore, attention to addressing gravel streets with this funding had to be moved to an income eligible area.

 

Accessibility to the Elementary School and two City parks and along major arterial streets is limited for residents as the majority of sidewalks within the area are missing links.  Bryant Elementary School is located at 1611 Avenue C, which is adjacent to the target area.  Many children do not have a safe, direct, walking path to this school due to missing sidewalk links.  There are two City parks in the area.  Both parks lack sidewalks and one is lacking an adjacent street.  Sidewalks along two major arterial streets, 11th Street and Avenue M, are missing several links, creating an urgent safety issue.

 

The City has already made a concerted effort to improve this area through demolition of dilapidated structures.  Within the past ten months, the City has demolished several structures designated as unsafe and more structures are planned to be demolished or refurbished within the next year.

 

New housing developments, rapid growth, close proximity to downtown Kearney and major roadways, and an active Neighborhood Association all contribute to the conclusion that this area in Kearney be selected for improvements.

 

The project will be phased out over the course of three years during which time residents can expect to see a combination of improvements to sidewalks, streets, and accessible sidewalk ramps at intersections.  There will also be a mix of assessments and non-assessments for improvements completed.  Residents who are considered LMI will not be assessed for improvements.  The proposed project plan as shown on the enclosed drawing is as follows:

 

  1. Paving – In keeping with the priority of the City Council and staff to pave all gravel streets within Kearney, it is proposed to pave the remaining three gravel streets within the target area – Avenue D from 11th Street to 13th Street, Avenue I from 14th Street to 15th Street, and 14th Street from Avenue I to Avenue K.  In addition, a street adjacent to Hammer Park (Avenue K from 13th Street to 14th Street) will be paved and will include a parking area for visitors.

 

  1. Sidewalks – It is proposed to complete all sidewalks within the area by filling in all missing links.  This will include sidewalks adjacent to the major arterials, 11th Street and Avenue M and within walking paths to Bryant Elementary among other necessary walking paths.  Accessible sidewalk ramps will be built at intersections where they do not currently exist.

 

It was originally estimated that Kearney would receive a little over $183,000.  After the government appropriated funds, the amount the City will receive from the state is $173,000 each year for 3 years.  The amount could possibly decrease each year.  This amount was determined by the number of LMI persons residing in the community according to the 2000 Census, 10,203, multiplied by the amount of funding available per capita which was $17.9684. 

 

The City is responsible for 1:1 leverage.  As a result of the number and nature of the needs discovered during the assessment process, Kearney citizens voted overwhelmingly to implement a ½% sales tax, which will take effect April 1, 2006.  Combining program funding and the sales tax money will provide the opportunity to serve the low- and moderate-income populations and to improve accessibility to the parks, schools, and along major arterial streets that is the responsibility of the community.

 

It is the belief that it will be a good project with the combined monies and it will be able to make a good impact on southeast Kearney.   The total estimated cost of the project is close to $1 million.  Council member Kearney asked if the neighborhood association was in favor of these improvements.  Rhoda Brown of the association was a strong advocate for making sure that the walking paths to school were safe and complete.  Concerns were received about children riding their bikes to Hammer Park and playing there, walking on the arterial streets and to Bryant Elementary.

 

Council member Kearney asked if there have been any comments from residents about funding paying for additional sidewalks since many property owners had to pay for their own.  Ms. Brown stated she had not been asked that question.  The answer to that question would be that it is the City’s responsibility to provide sidewalks along an arterial street and safe walking paths to public schools.  Another part of this project will be building wheelchair accessible ramps at intersections, which is another part of the City’s responsibility. 

 

City Manager Michael Morgan stated that when they looked at this project, they took that into consideration.  These funds need to be allocated and limited to census tracts, which makes it a little difficult.  The 66 percent low/moderate income suggests to the City that citizens in this area meet the criteria unlike people, who have made requests in other areas of town that have gravel streets because they do not meet the low/moderate criteria for funding.  There is a significant number of dollars in this funding for wheelchair accessible ramp. He believes these would also be the City’s responsibility along 11th Street and Avenue M, which are consistent with the arterial street policy on who actually benefits.  Bryant Elementary makes this area unique since the City has prioritized the school and walking routes with the school district.   This area also needs the sidewalks for the two parks.  All of these things were very clearly stated in the citizens’ numerous suggestions.  He believed that this case was a little different from other locations throughout the community where the City goes out and tries to match dollars.  By using the federal money and the sales tax funding, will make a huge impact on this entire neighborhood.  The decision to go with this area was debated, but they believed under these circumstances this is the most appropriate way to handle it. 

 

Council member Clouse noted that one area on the map was a gap paving section that the Council talked about and was previously voted down.  He asked how does the City determine when to assess back and when not to assess?  City Manager responded that the intent of their proposal is not to assess any of this unless the property owner exceeds the low/moderate income, then it would be assessed to the property owner. 

 

Assessing the streets in that area is a decision that Council will have to make.  These are the options available, but he did not know if the City would be successful in finishing the paving in this neighborhood.  In most communities gap paving would mean a lesser percent paid by the adjacent property owners because it is in the best interest of the community or in some cases there would be no cost.  The City is leveraging over a half million dollars, so it is determined by the Council.  Staff believes it is appropriate either way.  There is some development in the area, which might need to be paved, and the City might need to work with those property owners to assess that back. 

 

Council member Clouse questioned if this means that the City is doing all this without assessments.  City Manager responded that it does not, but he believed that the Council needs to consider that and balance out that question and help staff decide. 

 

Council member Kearney asked if the City is intending to use the additional sales tax money to fit it into the budget.  City Manager commented that is $500,000 of sales tax money to match the federal funds over three years.  They would have preferred to wait three months, but the state is not willing to accept that delay. 

 

Council member Buschkoetter asked if the City is getting the money over three years, will the City need to bond it until we break ground?  The response was that this will be done in phases and there is no need to bond.  Council member Clouse stated he believed this is a great way to leverage sales tax dollars and do all the things they have been talking about for the last year.  He wanted to take time and formulate a good plan and policy about what to assess or not assess. 

 

Director of Public Works Rod Wiederspan stated on some of the previous districts in that area using block grant money for streets, the low/moderate income individuals cannot be assessed.  The City would have to pick up that amount.  They have reduced assessment on some of the other individuals just to get the streets paved.  The percentage can be worked out later on these projects.  It is to the City’s advantage to get those gravel streets done.

 

Assistant to City Manager stated the first public hearing regarding the first phase will be held in January of 2006.  City Manager suggested getting the low/moderate property owners evaluated in that area so they know that information prior to the January meeting.  Council member Clouse agreed with Council member Kearney that this is the biggest question they will hear (some don’t have to pay for it, but others do).  He believed that if the City has a good policy in place and good criteria, most people will be understanding and agree it is the right thing to do. 

 

Council member Kearney stated that he has already seen substantial improvement to southeast Kearney since he has moved here and this is another step in that direction.  Mayor Hadley said this will be great leveraging of sales tax dollars.  This is an excellent project and will allow the City to do what it would have had difficulty getting done under the previous budget. 

 

Moved by Hadley seconded by Kearney to approve submitting the proposed plan on the Comprehensive Revitalization Program to the Nebraska Department of Economic Development for the targeted area east to west from Avenue M to 4th Avenue and north to south from 16th Street to 11th Street and approve Resolution No. 2005-204. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-204

 

            WHEREAS, the Comprehensive Revitalization Program is a new funding category within the Community Development Block Grant program funded and developed by the Nebraska Department of Economic Development; and

            WHEREAS, the Comprehensive Revitalization Program allows the Nebraska Department of Economic Development to conditionally guarantee grant awards in 2006, 2007 and 2008 based on the number of low and moderate income persons residing the community; and

            WHEREAS, the City of Kearney, after holding several meetings with citizens within the community, has determined the proposed plan has a targeted census tract which spans an area east to west from Avenue M to 4th Avenue and north to south from 16th Street to 11th Street; and

            WHEREAS, new housing developments, rapid growth, close proximity to downtown Kearney and major roadways, and an active Neighborhood Association all contribute to the conclusion that this area in Kearney be selected for improvements; and

            WHEREAS, the proposed project will be phased out over the course of three years during which time residents can expect to see a combination of improvements to sidewalks, streets, and accessible sidewalk ramps at intersections.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that Administration be and is hereby authorized and directed to submit to the Nebraska Department of Economic Development the proposed project plan which consists of the following:

  1. Paving – In keeping with the priority of the City Council and staff to pave all gravel streets within Kearney, it is proposed to pave the remaining three gravel streets within the target area.  In addition, a street adjacent to Hammer Park will be paved and will include a parking area for visitors.
  2. Sidewalks – It is proposed to complete all sidewalks within the area by filling in all missing links.  This will include sidewalks adjacent to the major arterials, 11th Street and Avenue M and within walking paths to Bryant Elementary among other necessary walking paths.  Accessible sidewalk ramps will be built at intersections where they do not currently exist.

            PASSED AND APPROVED THIS 13TH DAY OF DECEMBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

OPEN ACCOUNT CLAIMS – NEBRASKA PUBLIC POWER DISTRICT-$298.65; FREMONT NATIONAL BANK-$77,313.32; PLATTE VALLEY STATE BANK-$25.00; SCHOOL DISTRICT #7-$4,540.60

 

Moved by Kearney seconded by Buschkoetter that Open Account Claims in the amount of $298.65 payable to Nebraska Public Power District; in the amount of $77,313.32 payable to Fremont National Bank; and in the amount of $25.00 payable to Platte Valley State Bank be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained. Motion carried.

 

Moved by Clouse seconded by Lear that the Open Account Claim in the amount of $4,540.60 payable to School District #7 be allowed. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney. Nay: None. Buschkoetter abstained. Motion carried.

 

VII.    REPORTS

 

PUBLIC TOBACCO USE POLICY

 

Council member Clouse stated that in conjunction with their theme of “Citizens for a Better Kearney”, he had the opportunity last week to meet with members of the Buffalo County Tobacco Free Coalition, who were talking about issues that affect citizens in Buffalo County.  Some of the items they talked about at this session were tobacco use among the youth, dangers of second hand smoke, social costs associated with tobacco use, what other communities are doing and the need to be proactive in Kearney and Buffalo County with regard to tobacco use.  Based on those discussions, he proposed that the City Council take the initiative to assess the situation in Kearney and be proactive in developing a public tobacco use policy that fits our community. 

 

He asked the Mayor and Council to take the following action: 1) create a task force to evaluate the social climate in Kearney with respect to public tobacco use, 2) meet with special interest groups to listen to their thoughts and concerns utilizing existing survey data that was obtained by the coalition to identify target areas where they need additional research, 3) conduct surveys and open house forums from the general public, which would be done to find the general feel and flavor in Kearney.  He also requested staff to obtain policies from other communities to develop a feel for what they are doing in this regard. 

 

Through all this input and information and working with all the citizens in the community (much like we did with the sales tax) and prepare a draft policy that would identify and fit Kearney’s needs.  The City would again solicit public input on the drafted policy and once the City has a final policy on how it wants to handle tobacco use within the City of Kearney, it would be placed on the November ballot to be voted on by the people of Kearney. 

 

Council member Clouse stated that he personally does not envision this as a total ban on tobacco use, but what he sees is a creation of some type of policy that has compromises where appropriate, but still meets the needs of many citizens in the community.  Several citizens have approached the Council about this issue so they know it is out there to be dealt with eventually.  He believed by being proactive, getting a lot of input and finding something that meets our needs, the City can achieve better results if it is done locally and have a policy in place rather then waiting for external influence to mandate something to us in our community. 

 

Mayor Hadley stated the Council and City staff will take this under advisement and come back to address it at a later time. 

 

EXECUTIVE SESSION

 

Moved by Lear seconded by Buschkoetter that Council adjourn into executive session at 8:03 p.m. on December 13, 2005 for the protection of the public interest and specifically for the discussion of legal matters. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Moved by Buschkoetter seconded by Clouse that Council reconvene in regular session at 8:58 p.m. on December 13, 2005. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

VIII.    ADJOURN

 

Moved by Lear seconded by Buschkoetter that Council adjourn at 8:58 p.m. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

 

                                                                                                GALEN D. HADLEY

                                                                                                PRESIDENT OF THE COUNCIL

                                                                                                AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK