Kearney, Nebraska

March 14, 2006

7:00 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on March 14, 2006, 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, Assistant to City Manager; Wendell Wessels, Director of Finance and Administration were also present. Some of the citizens present in the audience included: Craig Bennett, Jacque Haupt, Lynne Heiden, Bob Lammers, Mitch Humphrey, Ken Tracy, Lance Lang, Jim Tacha, Dick Ritscher, 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

 

Reverend Don Bryant from First Christian Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

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

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

CASEY’S GENERAL STORE #2717 LIQUOR LICENSE AND CORPORATE MANAGER

 

Mayor Hadley opened the public hearing on the application for a Class B71401 (Beer – Off Sale Only) Liquor License submitted by CASEY’S RETAIL COMPANY, dba “Casey’s General Store #2717” to be located at 705 2nd Avenue, and the application for Corporate Manager for James Tacha, and to consider approval of Resolution No. 2006-36.

 

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:

• 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;
• the applicant can conform to all provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act;
• 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
• the issuance of the license is or will be required by the present or future public convenience and necessity.

 

Casey’s General Store has leased the property of Gas ‘N Shop Store located at 705 2nd Avenue.  The application for license is for a Class B (Beer – off sale only) License.  The lease extends beyond the license year to February 12, 2011.  A Temporary Agency Agreement has been signed by both the Lessee and the Lessor.  This Agreement has been received and approved by the Nebraska Liquor Commission on January 30, 2006.  This allows the Lessee to operate the business for a period not to exceed 120 days from February 13, 2006.  All the necessary forms and documents appear to be in order for the Corporation Application for License.

 

The Application for Corporate Manager identifies James Tacha of Kearney.  Mr. Tacha is the Regional Manager of Casey’s General Stores.  The store manager is identified as Kristin Oberg.  Both were interviewed and have knowledge of Nebraska liquor laws. Business policies, procedures and training needs were reviewed.  Training needs included ID’s, minors and disturbances.

 

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. Mr. Tacha has returned the attached form and a copy of Casey’s training policy that is required for all employees to complete on selling age restricted products.

 

In reviewing the public records, the following information was found on the current business owner, Gas N’ Shop and the other two Casey’s locations in Kearney:

 

Gas N’ Shop		Casey’s, 2710 West 24th		Casey’s, 1308 East 39th
09-02-1994	Sell to Minors	01-26-2001	Sell to Minors	07-12-1995	Sell to Minors
03-07-1997	Sell to Minors	06-17-2005	Sell to Minors	03-07-1997	Sell to Minors
01-26-2001	Sell to Minors			10-29-1997	Sell to Minors
05-05-2005	Sell to Minors			05-05-2005	Sell to Minors

 

The Council has the right and obligation to review applications for liquor licenses and manager applications.  The Council can only make a recommendation for approval or denial to the Nebraska Liquor Commission, who will either deny or approve the license.

 

Council member Lear stated that after reviewing the record of Casey’s located at 2710 West 24th Street and 1308 East 39th Street, he asked Mr. Tacha to describe the number of “selling to minor” violations that occurred at these two locations.  Jim Tacha, 118 Valley View Court, responded he did not know how many on a long term basis, but since he has been with Casey’s, they have had one at each location.  He confirmed there was one on May 5, 2005 at 1308 East 39th Street and one on June 17, 2005 at 2710 West 24th Street. 

 

Council member Lear stated that according to Casey’s basic operating procedures that anyone under the age of 27 is asked for ID.  Mr. Tacha responded that Casey’s has a zero tolerance policy for anyone who is caught in an alcohol or tobacco sting and they are terminated immediately.  Although they train their employees, there are no guarantees that the employee will follow the rules.  He confirmed that both of these violations were stings and both employees were terminated immediately.  The 2710 West 24th Street location had a violation in January of 2001 and a second violation on June 17, 2005, for which Mr. Tacha said the Liquor Commission gave them the option to either not sell liquor for a specified amount of time or pay a $500 fine.  Casey’s elected to pay the $500 fine for each violation. 

 

Council member Lear stated the 1308 East 39th Street location had four violations (7-95, 3-97, 10-97 and 5-05) and asked what the situation was for those violations and what penalty was handed out?  Mr. Tacha responded that in 2005 since the last violation had been in 1997, there was a penalty of either a 10-day suspension or a fine. 

 

Mayor Hadley asked since Mr. Tacha was taking over an existing license, would he require the existing employees to go through his training?  Mr. Tacha replied that the day he took over the store he went over the training with the employees.  They currently have an employee, who was caught in one of the stings, but was “grand fathered” in under the Gas N’ Shop deal.  This employee has been made aware of the termination policy under Casey’s new management.  He believed that they are almost over zealous in their training and guarantee that if the clerk offends a customer by asking for ID that management and the company will back them 100 percent. 

 

Mayor Hadley stated that the Council would be taking a hard look at these violations that come about from these stings.  From his understanding, the State Patrol and the local police department go out of their way to make sure those sent to purchase look like they are 35 years old, but they use their own licenses.  He gave all licensees fair warning that if they are caught in a sting, they better be ready when they come before the Council to have a good explanation of how it happened. 

 

Mayor Hadley commented on a meeting he attended and in listening to a talk given by Judge Beavers, he made an interesting point about dealing with clerks who do the selling of alcohol because there are two types of situations.  One situation is where the clerk simply “screws up” and there is nothing much the owner can do about that and the other situation is where a clerk intentionally and knowingly sells to minors.

 

Council member Lear stated that he would be voting against this application not because he thinks this particular operator does not have good processes and procedures in place, but because of the history that has unfolded in the past.  He believes that the Council needs to no longer be a part of the charade that is perpetrated by the Nebraska Liquor Control Commission.  They need to look at the standard that the Commission has set and recommend to deny this license.

 

Council member Buschkoetter stated that his parents had a liquor license for more than 35 years and they had two violations, which he believed was a good record.  He was not sure where the line is.  He thought that one violation in five years is reasonable, but past that is a gray area.  He agreed there is a bit of a charade to the whole licensing process.  He stated that a $500 fine to keep their business open is a fairly easy out.  If a business had to be closed for a weekend and pay $500 because their business made a mistake then the public can make an educated choice to put some pressure on them by taking their business elsewhere.  He believed that if it happens rarely then their business would come back, but if it happened often, perhaps their customers would rethink doing business there.

 

Council member Kearney stated that the legislature should “wake up” and give the local government more authority.  The Council members are the ones under pressure and if the people do not agree with what they do, they can be replaced in an election.   However, the Council has no authority with the Liquor Control Commission.  He did not think that it seems to make a difference what the Council says or does and believed it is a charade.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the application for a Class B71401 (Beer – Off Sale Only) Liquor License submitted by CASEY’S RETAIL COMPANY, dba “Casey’s General Store #2717” to be located at 705 2nd Avenue, and approve the application for Corporate Manager for James Tacha, and approve Resolution No. 2006-36. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter. Nay: Lear. Motion carried.

 

RESOLUTION NO. 2006-36

 

            WHEREAS, CASEY’S RETAIL COMPANY, dba “Casey’s General Store #2717” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘B-71401’ (Beer – Off Sale Only) Liquor License to do business at 705 2nd 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, CASEY’S RETAIL COMPANY, dba “Casey’s General Store #2717” also filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for Corporate Manager of James Tacha; and

            WHEREAS, a hearing was held relating to said application on March 14, 2006.

            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 ‘B-71401’ (Beer – Off Sale Only) Liquor License to CASEY’S RETAIL COMPANY, dba “Casey’s General Store #2717” located at 705 2nd Avenue, Kearney, Nebraska, and to approve the application for Corporate Manager of James Tacha.

            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 14TH DAY OF MARCH, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

WAL-MART REVISED DEVELOPMENT PLAN – 5411 2ND AVENUE

 

Mayor Hadley opened the public hearing on the Application submitted by Mark McNeil for Wal-Mart Stores (Applicant and Owner) for Revised Planned District Development Plan Approval for the placement of self contained storage units on property zoned “District C-2/PD, Community Commercial District/ Planned Development Overlay District” and described as Lots 2 and 4 of Block 1, Skiview Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5411 2nd Avenue) and to consider approval of Resolution No. 2006-37.

 

Planning Commission recommended approval subject to the following conditions: (1) the applicant is permitted to retain a maximum of 15 storage containers in the grass area located behind the store until December 31, 2006; (2) the specialized trailers currently being used for remodeling purposes shall be removed by March 31, 2006; and (3) Wal-Mart’s landscaping be restored to the original approved landscape plan.

 

The applicant is requesting approval to use temporary self contained portable storage units to store layaway and excess inventory at the Kearney Wal-Mart site.  There are a number of these storage units currently in use at the site.  The actual number tends to vary as units are moved on or off-site.  The units started appearing a few years ago and have increased in numbers every year.  The units are not anchored permanently to the ground, are of various colors and in various states of repair making for a less than desirable view from neighboring properties and public streets.  This year the City received complaints about the quantity, location and appearance of the storage units.  The property is zoned C-2/PD.  Any additions to the site, such as the self contained storage units, require Planning Commission and City Council review and approval.

 

The Unified Land Development Ordinance (UDO) treats the storage units as a “temporary” use.  The number of units increases in the fall with Christmas layaway season and again more modestly in the spring with the lawn and garden season.  In November of 2005, City staff counted 85 storage units on the Wal-Mart site, primarily located behind (east) of the building, but also on the south side of the building and on the west side of the building within the lawn and garden fenced enclosure.  Past aerial photographs have depicted quantities in the mid 30’s and 40’s.  As staff received complaints from the public and investigated the issue it seems that the quantity of containers has become unreasonably high and the use of these units as a storage solution had become excessive.  In order to accommodate 85 containers, they can no longer be screened behind the building and vegetative areas – there are simply too many of them.  In fact, many of the containers this fall were located on unpaved areas that should be reserved as landscaping and green space and along the City streets with no screening from view, even encroaching into the right-of-way.  The fire lane around the building is compromised severely by the encroachment of the storage units.

 

Section 46-114, “Temporary Uses” of the UDO states;

      (a)  the number of containers shall be limited to what the City Planner will approve and shall not be increased without additional review.  (Since this is a Planned District staff believed that the Planning Commission and City Council should make the final determination)

      (b)  location shall be restricted to the loading area only for commercial uses or in a location approved on the site plan.

      (c)  the containers shall be screened from view of any adjacent property and public right-of-way with a solid fence or dense evergreen landscaping.

 

Staff has met with the applicant and exchanged correspondence on this matter (part of the attachments).  Staff requested that the applicant submit an application for Revised Development Plan to the Planning Commission depicting the total quantity and desired location on the site along with a time duration for the containers to be on-site, outside of which the containers would be removed.  At that time, staff also suggested that the increase in storage containers means that the operations have outgrown the size of the current building.  A building addition or free standing storage building just east of the existing building would be more appropriate than a myriad of mismatched storage containers.  The addition or new building could be built of similar materials and style as the existing building, thus blending into the neighborhood more effectively.  Staff also suggested that the applicant could consider lease warehouse storage space in a traditional warehouse off-site.

 

The applicant responded with the following proposal and staff comments follow each discussion point along with pertinent discussion from the Planning Commission hearing:

 

1)   Applicant has currently leased warehouse space on East 39th Street.

City – Off-site storage is much preferred to use of temporary cargo containers. This is certainly a step in the right direction, although perhaps not as sound a long term solution as adding on or building storage on site.  There are added transportation costs to deliver and exchange materials between sites that could be avoided by expanding the current facilities.

 

2)   Applicant indicates that after contacting corporate offices there are no immediate plans for expanding the current building.

City – City recommends this option as the best long-term solution and certainly prefers this option over multiple storage containers on site. 

 

At the Planning Commission hearing, the Wal-Mart representative stated that a major renovation of the interior of the store is slated to begin in March 2006 (now) and the local manager is continuing efforts to convince corporate to take advantage of the on-site labor to construct a storage addition to the store.

3)   Fifteen containers are requested to be located on site eight months out of the year.

City – If the containers are roughly eight-feet wide and forty-feet long each container has 320 square feet of storage space multiplied by 15 total containers = 4,800 square feet.  This amount of storage area is comparable to a 48-foot by 100-foot building addition – a substantial amount of space.  Staff opinion is that a more permanent solution should be pursued.

 

4)   Applicant indicates that no containers will be allowed on a continuous basis, thus meeting the intent of a “temporary” use, and that the time frame that the units would be on-site is March to June and again in September to December.

City – The requested time frame to have the containers on-site is eight out of twelve months or 66% of the year.  This amount of time seems excessive to staff.  If the containers are allowed, staff recommends something like one 90-day period per year. There is the issue of the burden of enforcement in this situation.  Although part of the responsibility of the staff is to enforce the laws, it seems that there are better solutions available than what is proposed.  The intent here is not to imply that the applicant would knowingly violate the rules, but sometimes things happen.  In considering all aspects of the proposal, if containers are allowed, it is obvious that someone from City staff is going to be monitoring the number of units on a weekly or monthly basis to insure compliance with the allotted number.  If any of the units are not removed in a timely manner or moved in prematurely the legal process to correct the situation could drag on for months, which means the containers are there year-round.  Conventional permanent storage either off-site or on-site as a building addition or free standing warehouse is suggested as a superior alternative.

 

At the Planning Commission hearing the applicant stated that the interim approach of allowing the fifteen containers to remain until December 31, 2006 is acceptable as the managers work towards other, more permanent solutions.

 

5)   The applicant requests that the 15 storage containers be located on the grassy area located behind (east of) the building in the middle area of that space (location shown on aerial photograph).  The applicant goes on to state that the containers would be virtually unseen in this location.

City – If the containers are allowed, staff prefers to have them located on a paved area and not in the grass, but since they will be allowed only for an interim period, staff conceded to allow them to remain on the grass and Planning Commission agreed.

 

In summary, it is apparent that the operations at the store have exceeded the amount of storage space that was originally constructed.  The applicant has devised a solution through the use of temporary storage containers to meet operational needs; however, the temporary units have increased to an unreasonable number and have become more or less permanent.  The public has complained and the City has investigated.  The use of the storage containers may be convenient for Wal-Mart, but in reality represents a way to circumvent building code requirements for fire safety, exiting, sprinklering, setbacks, required open space, and overall appearance by not building a conventional storage warehouse.

 

The applicant has requested 15 units for eight out of twelve months each year and has shown the preferred location.  Staff and Planning Commission have agreed to allow the 15 units through the rest of the year.  These 15 containers can remain on site on the grass area behind the store until December 31, 2006.  In the interim time period, staff recommends that the applicant pursue a more permanent solution to the storage situation either by leasing more warehouse space off-site, or constructing an addition or a free standing storage building on-site.  All containers must be removed from the site prior to January 8, 2007.

 

Construction trailers used for the interior remodel are not subject to the cargo container ruling.  Cargo containers above and beyond the 15 approved units may be required to store construction materials for the remodel. The applicant stated at Planning Commission that these surplus units will be removed from the site by March 31, 2006.

 

Mark McNeil, 2416 West 34th Street Place, Kearney Wal-Mart Manager, presented this matter to the Council. One of the stipulations is in regard to the remodeling that is going on in their store for which they have requested extra trailers beyond the 15 during the remodel time.  The expiration date was March 31st and he requested to extend that stipulation for additional trailers until May 19th, which is the ending date of their remodeling.  City Manager Morgan stated that extension would be appropriate. He complimented Wal-Mart and the manager for doing an excellent job reaching a reasonable compromise. 

 

Council member Clouse stated he drove behind Wal-Mart and looked at the containers because there had been some complaints from the neighbors.  Mr. McNeil stated that by the end of the year, they will have some other solution to this and will have no trailers, which will meet the provisions.   

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and approve the Application submitted by Mark McNeil for Wal-Mart Stores (Applicant and Owner) for Revised Planned District Development Plan Approval for the placement of self contained storage units on property zoned “District C-2/PD, Community Commercial District/ Planned Development Overlay District” and described as Lots 2 and 4 of Block 1, Skiview Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5411 2nd Avenue) and approve Resolution No. 2006-37 subject to compliance with the following conditions: (a) the applicant is permitted to retain a maximum of 15 storage containers in the grass area located behind the store until December 31, 2006.  All containers must be removed from the site prior to January 8, 2007; (b) the specialized trailers currently being used for remodeling purposes shall be removed by May 19, 2006; and (c) Applicant shall restore the landscaping to the original approved landscaped plan. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-37

 

            WHEREAS, Mark McNeil for Wal-Mart Stores (Applicant and Owner) has applied for Planned District Development Plan Approval for the placement of self contained storage units on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lots 2 and 4 of Block 1, Skiview Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5411 2nd Avenue).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Mark McNeil for Wal-Mart Stores (Applicant and Owner) for District Planned Development Plan Approval for the placement of self contained storage units on property zoned “District C-2/PD, Community Commercial District/Planned Development Overlay District” and described as Lots 2 and 4 of Block 1, Skiview Addition, an addition to the City of Kearney, Buffalo County, Nebraska (5411 2nd Avenue) be approved subject to compliance of the following conditions:

            (a)        The applicant is permitted to retain a maximum of 15 storage containers in the grass area located behind the store until December 31, 2006.  All containers must be removed from the site prior to January 8, 2007.

            (b)        The specialized trailers currently being used for remodeling purposes shall be removed by May 19, 2006.

            (c)        Applicant shall restore the landscaping to the original approved landscaped plan.

PASSED AND APPROVED THE 14TH DAY OF MARCH, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

Mayor Hadley requested that Mr. McNeil come up and explain how Wal-Mart (being one of the bigger stores in Kearney selling alcohol) handles sales.  Mr. McNeil stated the way they keep from infractions is they have an advantage because of the way their system is set up.   In their system, as soon as an alcohol item is scanned, the question pops up on the register asking if the person appears to be under 27?  If the answer is “yes” then they have to take the person’s drivers license and type in the birth date.  After the date is entered, the system figures the age automatically.  They have not had any violations for the seven years he has been manager and since they have had this new system.  He thought there might have been one in the mid 90’s.  

 

Mr. McNeil further stated that Wal-Mart has CBL units for training, which is a computerized learning system on a PC where they are given scenarios and are taught the different variances that could happen.  Council member Kearney asked if the self-service lanes could be used at Wal-Mart when purchasing alcohol.  Mr. McNeil responded self-service lanes can be used, but as soon as that item is scanned, the light goes to red and the customer cannot continue with the transaction until an employee physically takes them through the same process as on a regular register. 

 

FINAL PLAT FOR JOHNSON COMMERCIAL ADDITION

 

Mayor Hadley stated that the applicant submitted a letter requesting to table the Application submitted by Mitch Humphrey from Buffalo Surveying and Johnstone Supply Company (Applicant) for Marlo Johnson (Owner) for final plat approval and the Subdivision Agreement for “JOHNSON COMMERCIAL ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska, said property being part of Government Lot 6 located in Section 13, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (east of Central Avenue and south of East 1st Street South).

 

Moved by Lear seconded by Buschkoetter to table until March 28, 2006 the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying and Johnstone Supply Company (Applicant) for Marlo Johnson (Owner) for final plat approval and the Subdivision Agreement for “JOHNSON COMMERCIAL ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska, said property being part of Government Lot 6 located in Section 13, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (east of Central Avenue and south of East 1st Street South). Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

AMEND LAND USE MAP – 203± FEET WEST OF THE INTERSECTION OF 17TH STREET AND AVENUE M

 

Public Hearings 4 and 5 were discussed together but voted on separately.

 

Mayor Hadley opened the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Low Density Residential” to “Light Industrial” property described as Lots 4, 5 and 6, Park Place Addition to the City of Kearney, Buffalo County, Nebraska together with the vacated west half of Avenue L abutting said lots on the east, and together with the vacated north seven feet of 17th Street abutting said Lot 6 and abutting said portion of Avenue L (above mentioned) on the south (203± feet west of the intersection of 17th Street and Avenue M) and to consider approval of Resolution No. 2006-39.

 

Planning Commission recommended approval noting the rezoning request recognizing that one half of the vacated alley shall be included in the required 20-foot landscaped buffer zone between the subject property and the R-2 zoning to the east.

 

The applicant is requesting vacation of approximately 240 lineal feet of the 20-foot wide north-south alley that runs between 17th Street and 18th Street between Avenues K and M. This alley has never been paved.  There is an existing power line present.  If the alley were to be vacated from public use the abutting property owners could use it for ingress-egress and the 20-foot wide utility easement would be maintained.   All the Utility companies have reviewed the request for vacation and signed off.

 

The applicant is requesting rezoning from District R-2 to District M-1 which requires the Future Land Use Map of the City of Kearney Comprehensive Development Plan to be amended from “Low Density Residential” to Light Industrial.”  The proposed use is self storage buildings which are allowable in M-1.  The property abuts M-1 zoning on the east and R-2 zoning across the alley that is being vacated.  A twenty-foot wide bufferyard is required between the M-1 and R-2 zones with landscaping as set forth in the code.  Ten feet of the vacated alley counts as one half of the bufferyard.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. He stated that Lots 4, 5 and 6 of Park Place Addition owned by the Abood Family is the parcel that is requested to have the Land Use Map changed and rezoning.  There are three houses located to the west and one to the north of this parcel.  Mr. Humphrey stated that he has talked to all the owners in the area.  One of the ordinances on the Agenda alludes to the vacation of an alley.   He had received signed documents from those owners, which have been submitted to the City requesting the alley vacation.  They have had the utility company sign a consent form to acknowledge that alley vacation.  Mr. Humphrey stated that he has spoken with all the neighbors to the east, west and north, which might be interested in the property that they want to rezone to M-1.  All parties in the block are aware of and in agreement with what is being proposed.

 

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 the Land Use Map of the City of Kearney Comprehensive Development Plan from “Low Density Residential” to “Light Industrial” property described as Lots 4, 5 and 6, Park Place Addition to the City of Kearney, Buffalo County, Nebraska together with the vacated west half of Avenue L abutting said lots on the east, and together with the vacated north seven feet of 17th Street abutting said Lot 6 and abutting said portion of Avenue L (above mentioned) on the south (203± feet west of the intersection of 17th Street and Avenue M) and approve Resolution No. 2006-39. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-39

 

            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 Lots 4, 5 and 6, Park Place Addition to the City of Kearney, Buffalo County, Nebraska together with the vacated west half of Avenue L abutting said lots on the east, and together with the vacated north seven feet of 17th Street abutting said Lot 6 and abutting said portion of Avenue L (above mentioned) on the south (203± feet west of the intersection of 17th Street and Avenue M), from “Low Density Residential” to “Light Industrial”, and

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

            WHEREAS, the City Council has held a public hearing 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 “Low Density Residential” to “Light Industrial” the use classification for the area described as Lots 4, 5 and 6, Park Place Addition to the City of Kearney, Buffalo County, Nebraska together with the vacated west half of Avenue L abutting said lots on the east, and together with the vacated north seven feet of 17th Street abutting said Lot 6 and abutting said portion of Avenue L (above mentioned) on the south (203± feet west of the intersection of 17th Street and Avenue M).

            PASSED AND APPROVED THIS 11TH DAY OF OCTOBER, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

REZONING 203± FEET WEST OF THE INTERSECTION OF 17TH STREET AND AVENUE M

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Thomas Abood, Richard Abood, Jeri Bigbee, Trustees of the Richard Abood and Jeri Bigbee 1998 Family Trust (Owners) to rezone from “District R-2, Urban Residential Mixed-Density District” to “District M-1, Limited Industrial District” property described as Lots 4, 5 and 6, Park Place Addition to the City of Kearney, Buffalo County, Nebraska together with the vacated west half of Avenue L abutting said lots on the east, and together with the vacated north seven feet of 17th Street abutting said Lot 6 and abutting said portion of Avenue L (above mentioned) on the south (203± feet west of the intersection of 17th Street and Avenue M).

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Kearney to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Thomas Abood, Richard Abood, Jeri Bigbee, Trustees of the Richard Abood and Jeri Bigbee 1998 Family Trust (Owners) to rezone from “District R-2, Urban Residential Mixed-Density District” to “District M-1, Limited Industrial District” property described as Lots 4, 5 and 6, Park Place Addition to the City of Kearney, Buffalo County, Nebraska together with the vacated west half of Avenue L abutting said lots on the east, and together with the vacated north seven feet of 17th Street abutting said Lot 6 and abutting said portion of Avenue L (above mentioned) on the south (203± feet west of the intersection of 17th Street and Avenue M) subject to compliance with the condition that one half of the vacated alley shall be included in the required 20-foot landscaped buffer zone between the subject property and the R-2 zoning to the east. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

REZONING NORTH OF LAKE SIDE DRIVE AND ROLLING HILLS ROAD

 

Public Hearings 6 and 7 were discussed together but voted on separately.

 

Mayor Hadley opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gregory and Liliane Koster, and D & B Development Co. (Owner) to rezone from “District RR-2, Rural Residential District (Intermediate Standards)” and “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as Lot 1, Palomino Estates, Equestrian Hills of Crest Valley Ranch, and a tract of land being part of the West Half of Section 33, Township 9 North, Range 16 West of the 6th P.M, Buffalo County Nebraska containing 29.68 acres, more or less (north of Lake Side Drive and Rolling Hills Road). Applicant has amended to rezone the property to “District RR-2/PD, Rural Residential District (Intermediate Standards)/Planned Development Overlay District”).

 

Planning Commission recommended approval of the subdivision with the stipulation that the five new lots proposed on this subdivision will be the limit of development until a second access point is identified, accepted by the city, and constructed with the next phase of development.

 

The applicant is requesting approval to zone and plat a tract of land that is approximately 29.68 acres and wishes to create a six lot rural residential subdivision.  This property is located outside the corporate limits north of Rolling Hills Estates and east of Cottonmill Park.  This application is basically the next phase of development associated with Equestrian Hills of Crest Valley Ranch.  This project requires consideration of a partial vacation of the existing subdivision, rezoning, and subdivision platting.  A key concern is access to and from the subdivision which will be discussed in detail in these comments.

 

A brief history of the Rolling Hills and Equestrian Hills developments:

·         In about 1968 Rolling Hills was approved as a SID (Sanitary Improvement District) and development commenced on a private community well and wastewater treatment system.  Approximately 44 lots were platted as buildable lots, several outlots were designated as permanent open space never to be developed.  Only one access point to Highway 30 was constructed.

·         Construction continued throughout the 1970’s, 1980’s and into the early 1990’s.

·         In about 1994 the SID was dissolved and Rolling Hills was annexed into the City of Kearney even though none of the infrastructure is built to city standards.  A home owners association was established to maintain the common areas.

·         At about the same time, the applicant had a design firm prepare a concept plan for development of the remainder of the land holdings for 200+ acres north and west of Rolling Hills.  The first phase of the concept plan to be proposed for development was Phase One of Equestrian Hills.

·         Equestrian Hills consisted of 22 lots zoned AR-1, Rural Large Lot Residential, more recently rezoned to RR-2 when the Unified Land Development Ordinance was adopted.  RR-1 and RR-2 replaced AR-1 as the zoning designations for Rural Residential at that time.  RR-2 applies here because the roadway is asphalt surfaced instead of gravel.  The lot sizes are smaller than the minimum lot size required in AR-1 or RR-1, but the subdivision features an inter-connected open space network of outlots.  Planning Commission and City Council approved the subdivision with the smaller lots based on density credit for the common open space and access from each lot to the dedicated open space.  When the area of the common open space and the platted lots is added together and then divided by the total number of lots, the average resulting aggregate land area meets or exceeds the minimum lot size requirement.  

·         The concept master plan depicts an access point into the property to the north from 39th Street extended west.  At the time phase one of Equestrian Hills was approved, staff stipulated that no further development would be allowed until a second access to Rolling Hills/Equestrian Hills is constructed due to traffic concerns.

·         Development of Equestrian Hills progressed as well as some of the final remaining lots in Rolling Hills and traffic conflicts at the sole access point on Highway 30 became increasingly worse.  Nebraska Department of Roads (NDOR) studied the intersection and the stretch of Highway 30 extending west to Cottonmill Road and beyond.  There have been several serious accidents in this area and NDOR is proposing an alignment shift of Highway 30 south of its current location to improve safety.  The existing highway would then become a local access road for Rolling Hills/Equestrian Hills and other surrounding properties.  The time frame for completion of this project is unknown at this time.

·         On March 7, 2005 the applicant approached the City about further development of the Equestrian Hills property.  Staff expressed concerns about allowing further development without a second access point.  The applicant wanted three additional large lot rural residential lots west of the existing pond until 39th Street is extended to provide a second means of access.  No further action was taken.  No application was made to Planning Commission.

·         On January 18, 2006 the applicant again approached the city about further development of Equestrian Hills.  During the DRT Meeting, the applicant explained that the concept layout prepared some years earlier had been revised.  Whereas the original layout called for some higher density housing and even some commercial land uses along proposed 39th Street, the new layout is limited to large lot rural residential with lot sizes ranging from 1.5 to 5 acres.  Staff again brought up the fact that a second means of accessing the Rolling Hills/Equestrian Hills development is a requirement before further development can occur.  The applicant then stated that the City had agreed to allow four lots to be built last year without the second access.  Staff notes show the quantity as three lots and nothing was ever pursued so it seems premature to assume four lots would automatically be approved.  Notes from the January 18 DRT meeting under the heading of “Key Discussion/Decision Points” read;

Second access point is a requirement prior to further development.  Up to four lots may be acceptable now, but only due to density credit.  City will not extend 39th Street.  39th Street is no longer shown on the Six Year CIP Plan.  Buffalo County is apparently not interested in extending the street at this time either.  Limited cost-benefit ratio due to low-density surroundings. (emphasis added in italics)

·         The applicant submitted a letter dated January 24, 2006 in reference to the density issue.  The idea here is that when the cap on lot quantity was put in place in 1994 with the approval of Equestrian Hills phase one, no more lots were to be developed until a second access was provided.  The applicant stated that some of the lots were combined or not built upon so there should be a net density credit.  The letter references two lots in Equestrian Hills that were combined and one lot that is being vacated on this agenda for road intersection purposes for a density bonus of two lots.  In Rolling Hills there are two separate lot consolidations – one house on two lots for another density bonus of two lots.  The letter also references some former townhouse lots from the original Rolling Hills SID in 1968 that were to have 16 units which were changed to single-family for a total of eight units.  Staff had asked the applicant to demonstrate the density credit being sought.  The letter does not indicate how many density credits the applicant is requesting.

·         The traffic issues at the sole access point is a major concern to the residents in Rolling Hills and staff is not convinced that any density credits should apply until a second access point is provided.  A member of the Rolling Hills Homeowner’s Association was present at the Planning Commission hearing.  He stated that there is widespread concern regarding the access and circulation issue but six additional lots would probably be acceptable.  Staff also discussed the possibility of providing the second access point on what is now Highway 30 further west from the existing driveway.  When the highway corridor is shifted south the current highway will become a local access road that could probably accommodate another access point.  The Kearney canal and steep grades in the area make this option expensive, but still an option that could be investigated.  The timeframe for the NDOR project is unknown at this time.

·         The current submittal now shows six proposed lots, one of which is built out.  The number of lots requested keeps increasing yet we still do not have a second access point.  Do we want to increase traffic, even if it is only five new lots, in a situation that has a well established track record with NDOR as being a major traffic concern?  The Planning Commission discussed this issue at length and in the end decided that five new lots is acceptable, but no more lots should be platted until the second access issue is solved.

 

The applicant proposes vacation of two lots in the existing subdivision, Lot 1 and Lot 6 of Equestrian Hills.  Lot 1 is being vacated to adjust the north lot line further north to accommodate a fence that was erected outside the property line.  Lot 6 is being vacated to allow for a future roadway connection as the proposed loop road (Clydesdale Circle) coming from the northwest ties into the existing loop road in Equestrian Hills.  This road connection shows best on the Preliminary Plat.  The five new lots that are proposed at this time are located on the north end of Clydesdale Circle and consequently the road is proposed to terminate there. Someday, with future development, Clydesdale Circle will tie into Lake Side Drive at the location of current Lot 6.

 

The applicant is requesting rezoning from RR-2 and AG to District RR-1, Rural Residential District (Rural Standards).   The existing platted Lot 1 that is to be vacated is currently zoned RR-2 while the balance of the 29.68 acres is zoned Agricultural.  The applicant is requesting rural standards with gravel roads and well and septic service.  Staff had the applicant prepare some preliminary estimates on serving this site with municipal water and sewer service and the outcome was quite costly for a large lot subdivision; however, the area could be served.  The land is located west of 30th Avenue which is roughly the dividing line between rural and urban standards due to cost prohibitive topographical hurdles to serve the area west with sanitary sewer.  The first phase of Equestrian Hills features asphalt paved streets and well and septic systems zoned RR-2, Intermediate Standards.  Staff recommends that the proposed rezoning be amended to RR-2 and that the proposed streets be constructed of asphaltic concrete the same as the developed portions of the subdivision.  Proposed Lot 5 would benefit from RR-2 zoning as opposed to RR-1 zoning as discussed below in the next section on Subdivision Plats.  The applicant requested RR-2/PD zoning similar to the zoning of the first phase of Equestrian Hills.  Planning Commission felt that this rezoning request was acceptable.

 

Six lots are proposed on the Final Plat of Equestrian Hills Third.  The lots range in size from .88 acres to 5.77 acres.  One lot is already built out – it was included in the subdivision so that the rear lot line could be adjusted to accommodate a fence that was built in the wrong place.  The rear of the lots abut a 9.53 acre outlot reserved for open space.  Staff offers the following comments for consideration:

 

      a)   Proposed Lot 5, at .88 acres in area does not meet the development standards for either RR-1 or RR-2.  RR-1, the requested zoning, requires a minimum lot area of 1.5 acres while RR-2 requires 1.0 acre under the “Rural Conservation” (RC) development standards.  The RC provisions allow compensating open space as a trade off for smaller lot sizes, just as was approved in Equestrian Hills phase one.  Unfortunately, .88 acres does not meet the 1.0 acre minimum and furthermore, Lot 5 does not abut any common open space – it directly abuts proposed Lot 4.  In fact Lots 5, 6 and existing Lot 2 of Palomino Estates do not abut open space – they all abut proposed Lot 4.  Back to proposed Lot 5, the setback requirements in RR-1 are 50-foot front and 100-foot rear, in RR-2 40-foot front and 50 foot rear.  RR-2 would provide more developable lot area than RR-1.  In either case, the .88 acre lot is small and accommodating the type of houses that have typically been constructed in Equestrian Hills will be difficult.  The applicant requested an amendment to the zoning to RR-2/PD – a planned development district to allow for the smaller lot sizes given the fact that compensating open space is provided.  The setbacks for RR-2/PD should work.

 

      b)   In addition, due to its small size, proposed Lot 5 must have approval of septic systems from Nebraska Department of Environmental Quality (NDEQ) prior to platting as per Title 124.  It will also be difficult to provide adequate area for the required primary and secondary leach field location while maintaining the required 100-foot separation to a private well on the proposed .88 acre lot.

 

      c)   Proposed Lots 5 and 6, and existing Lot 2, Palomino Estates do not abut dedicated common open space as previously discussed above.

 

      d)   Staff recommends asphaltic concrete streets in keeping with the established standards in Equestrian Hills.  The applicant is requesting gravel streets at this time with the intent to pave them with asphalt in the future.  Planning Commission believed this was acceptable.

 

      e)   If gravel streets, well and septic are approved by Planning Commission and Council, staff recommends a Subdivision Agreement to release the city of all obligation and responsibility to upgrade the roads, water systems, and sewer systems to meet city standards for future annexation.  All aspects of infrastructure upgrades including, but not limited to, surveying, design, right-of-way and easement acquisition, construction, and full payment thereof due to either required upgrades by a regulatory agency or requested upgrades by the residents shall be the full responsibility of the developer or the home owners association, not the City of Kearney.

 

Craig Bennett from Miller & Associates presented this matter to the Council. He wanted to show the master plan as it relates to the final plat since they are proposing six lots on this subdivision, although one is currently occupied.  Since they are talking about rezoning, he wanted to focus on how they plan to develop the remaining parcel between Cottonmill Park on the west and the golf course located on the east.  The proposed Land Use Map shows a rural estates area with some medium and high density and some commercial.  The master plan can better show how they plan to actually decrease the density of that area as compared to the future Land Use Map.  Along Lake Shore Road are Rolling Hills and Equestrian Hills, the entrance is off Highway 30. 

 

There is an existing lot that has a development on it already and they are currently incorporating that into their subdivision.  The reason is the Koster residence had a fence that was off of their property and this was a good way to incorporate their fence into their property.  In order to increase the size of their lot they incorporated it into this plot.  Lot 1 is the sixth lot.  The proposal before the Council is only five lots.  The road matrix system wraps around a ridgeline and comes off with a perpendicular access.  This road borders the park and the nature trail on the west side.  The road will then tie back into the Equestrian Hills Subdivision. This is the first full phase.  These lots are 3-5 acre lots, much larger than the lots in Equestrian Hills. 

 

One of the main points of this project is that this is as much as they can develop at this time because they do not have other accesses into this subdivision which they have agreed upon.  Lynne Heiden presented some petitions at Planning Commission in regard to getting 39th Street developed.  One of the things they have looked at with this subdivision with City staff is that they need another access.  They understand that it is probably expensive to look at a multitude of solutions, but 39th Street seems to be the best solution for this area.  They are changing the present density to a low-density subdivision.  The road matrix system proposed has cul-de-sacs and lots basically following ridge lines in the hills or canyons where people can have walk out basements, back yards that overlook canyons, etc.  They will follow the same concept in this association as Equestrian Hills.  They would have a cul-de-sac as a temporary for fire safety issues to allow a turn around.  The last thing is the plan to utilize a detention cell that exists on the south end where there is a lake.  They will also utilize the amenities that are out there and not disturb them. They will incorporate their development around this lake/pond in other phases as well.  Basically, the lots that have started out in Rolling Hills were of a certain size and have increased a little as they go north to Equestrian in the first addition.  In this phase, there will be even larger lots. 

 

Council member Clouse asked if they gave any thoughts to another exit or entrance to the south or west across the canal even though the typography would be difficult because it is very steep there?  Mr. Bennett responded that would be difficult. It drops off considerably on the southwest side of the canal.  The area on the southwest side of the canal is in a flood plane.  One issue is the typography, which makes it very challenging and difficult.  The bridge that exits on the east and southeast corner of Rolling Hills is pretty similar on both sides although it goes down hill quite a bit on the south side of it.  They did look at trying to access across there, which would be very costly to do. 

 

Equestrian Hills is outside the City limits.  Rolling Hill is inside the City limits and has City water and sanitary sewer, but Equestrian Hills has septic tanks and septic leach fields. This new subdivision would be posed in the same manner of Equestrian Hills.  At the present time, starting at 30th Avenue and 39th Street by Fire Station II and the water tower and continue westerly, the City does have some ground in terms of the Fire Department and the golf course area.  The County begins as you go westerly across the north side of this property for a half mile and continue on westerly to the Cottonmill Subdivision area. 

 

Council member Kearney asked if they have discussed having a surfaced road with the County in this area.  Mr. Bennett responded they have met with the County on their One and Six Year Plan to discuss the importance of those roads in developing this area, as well as a need for the citizens who have taken time to sign the petitions and expressed interest in seeing it go through.  He believed that the proposal was taken well by the Buffalo County Board for their One and Six Year Plan.  It is something the County is definitely looking at as well.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gregory and Liliane Koster, and D & B Development Co. (Owner) to rezone from “District RR-2, Rural Residential District (Intermediate Standards)” and “District AG, Agricultural District” to “District RR-2/PD, Rural Residential District (Rural Standards)/Planned Development Overlay District” property described as Lot 1, Palomino Estates, Equestrian Hills of Crest Valley Ranch, and a tract of land being part of the West Half of Section 33, Township 9 North, Range 16 West of the 6th P.M, Buffalo County Nebraska containing 29.68 acres, more or less (north of Lake Side Drive and Rolling Hills Road). Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

FINAL PLAT – EQUESTRIAN HILLS THIRD OF CREST VALLEY RANCH

 

Mayor Hadley opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gregory and Liliane Koster, and D & B Development Co. (Owner) for final plat approval and Subdivision Agreement for “EQUESTRIAN HILLS THIRD OF CREST VALLEY RANCH” a subdivision being Lot 1, Palomino Estates, Equestrian Hills of Crest Valley Ranch (now vacated) and part of the West Half of Section 33, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (north of Lake Side Drive and Rolling Hills Road) and to consider approval of Resolution No. 2006-40.

 

Dick Ritscher, 8 Oak Lane in Rolling Hills, stated he is a member of the board of directors for the homeowners association.  He was there to express their concern about the lack of access into the area.  He drove around his area and found there are 55 dwelling places within Rolling Hills and Equestrian Hills with only one access.  Their concern is the traffic that can get tied up off of Highway 30 at that access/exit.  He posed the scenario about what would happen if that access was backed up and there were a fire?  They are very concerned about the lack of alternate access.  They are concerned about increasing the number of houses in the area without an additional access.

 

Craig Bennett from Miller & Associates stated that he could address some of the issues related to fire safety.  They did discuss some of those issues with City staff as well as Planning Commission.  One of the issues they have is they know they cannot develop anymore than these five lots until they have another access.  They have openly agreed to not do that.  They went through a density credit process meaning that some of the Rolling Hills and some of the Equestrians Hills area were originally laid out for single family or one house per lot, but did not get built that way (example: one house got built on two lots).  The evaluation process they used took into consideration how many more lots could be added and still make it be the same as originally planned for that area, based on the current use and the way that some of that development has happened.

 

Mr. Bennett further stated that the other part of the plan was due to the fact that there are five new lots, and one has been vacated (or given up) in this process.  One of the issues was to vacate one lot, where in a future phase they would have had a connecting road.  They started with five lots, which is basically only four additional lots and then by the time they came back with the density credit they have not added more than a couple of lots to this area.  In terms of fire safety, it is also one of their concerns.  He believed that with the relocation of Highway 30 and the entrance, it would make the access easier.  From Highway 30 to 39th Street there is no other east/west connection into this area.  This area is bound by the golf course on the east and the park on the west and there is nothing through on the north.  The way it is currently laid out, the only option is from the south. 

 

Council member Clouse stated that Mr. Ritscher also spoke at the Planning Commission and asked if he was in agreement with the four lots.  Mr. Ritscher confirmed that their board was in agreement with the proposal as it was presented at this meeting.  Mayor Hadley stated that he wanted to be sure that 2-3 years from now they would not want to come back again and ask for 3-4 more lots to be developed there.  It was pointed out that at the time Phase I of Equestrian Hills was approved that City staff stipulated that no further development would be allowed until a second access was developed.  Mr. Bennett stated that the subdivision agreement that has been executed by the developer acknowledging and agreeing to these terms.

 

Mayor Hadley stated that developing that area and solving the problem was very important.  He did not want to limit that development because of access.  Council member Kearney commented that no one has requested annexation to the City and the City is dependent on the County at this time. 

 

Council member Lear commented that it is odd to be already delivering City services in Rolling Hills and not considering services for this future project. He believed they have some cross issues there with access and City infrastructure cost out there, but are not leveraging those. Mayor Hadley stated that the City and developer must look at all those issues as they go along.  Council member Buschkoetter commented that extending and developing 39th Street is like “3 legs to the stool”; one is City, one is County and one is the developer.  He noted when roads are built to a development; usually the developer picks up much of the tab, as well as initial construction costs. 

 

Moved by Clouse seconded by Lear to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gregory and Liliane Koster, and D & B Development Co. (Owner) for final plat approval and Subdivision Agreement for “EQUESTRIAN HILLS THIRD OF CREST VALLEY RANCH” a subdivision being Lot 1, Palomino Estates, Equestrian Hills of Crest Valley Ranch (now vacated) and part of the West Half of Section 33, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (north of Lake Side Drive and Rolling Hills Road) and approve Resolution No. 2006-40 subject to compliance with the conditions set forth in the Subdivision Agreement. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-40

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “EQUESTRIAN HILLS THIRD OF CREST VALLEY RANCH” a subdivision being Lot 1, Palomino Estates, Equestrian Hills of Crest Valley Ranch (now vacated) and part of the West Half of Section 33, 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) be accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska.

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

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

            PASSED AND APPROVED THIS 14TH DAY OF MARCH, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

FINAL PLAT – PARK VIEW ESTATES THIRD

 

Public Hearings 8 and 9 were discussed together but voted on separately.

 

Mayor Hadley opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Kelly J. Rapp and Laureen D. Striker-Rapp (Owners) for final plat approval “PARK VIEW ESTATES THIRD” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the Northeast Quarter of the Northwest Quarter and part of Government Lot 2, all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of 911 and 912 11th Avenue) and to consider approval of Resolution No. 2006-41.

 

Planning Commission recommended approval.

 

The applicant is requesting approval to plat a tract of land that is approximately 5.81 acres in size for residential single-family development.  The land is zoned appropriately as R-1.  The tract is located south of 911 and 912 11th Avenue (existing platted lots from an earlier phase of Park View project) and is the third phase of the Park View Estates development.

 

The overall tract, including the initial phases and future phases, and including the subject property, was Preliminary Platted on May 17, 2002.  The Final Plat for phase three includes 15 lots.  There are six lots arranged around a cul-de-sac bulb at the terminus of 11th Avenue and nine lots along 11th Avenue extending north from the cul-de-sac.  A Public Works Plan has been submitted.

 

Craig Bennett from Miller & Associates presented this to the Council.  This is another phase of Park View Estates Subdivision, which will be known as Park View Estates Third, east of what he developed in 2005.  This area will be similar to past phases.  They have preliminary platted the entire area with 15 lots on 5.8 acres.

 

Council member Clouse asked on the south how will this tie in with streets going east and west?  Mr. Bennett responded that 8th Street will be extended east and west in the future, which will line up with the existing 8th Street.  In the master plan, 17th Street is already platted with some sort of collection streets for circulation.  The owner, Mr. Rapp, lives on the south side of this property (north side of the north channel of the Platte River) and his wish is to keep it agricultural at this time.  The master plan decided the proposed road matrix system for this area with 8th Street going east and west.

 

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 Craig Bennett from Miller & Associates (Applicant) for Kelly J. Rapp and Laureen D. Striker-Rapp (Owners) for final plat approval “PARK VIEW ESTATES THIRD” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the Northeast Quarter of the Northwest Quarter and part of Government Lot 2, all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of 911 and 912 11th Avenue) and approve Resolution No. 2006-41. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-41

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of ”PARK VIEW ESTATES THIRD”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the Northeast Quarter of the Northwest Quarter and part of Government Lot 2, all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

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

            PASSED AND APPROVED THIS 14TH DAY OF MARCH, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

INCLUDE IN CITY LIMITS – PARK VIEW ESTATES THIRD

 

Mayor Hadley opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Kelly J. Rapp and Laureen D. Striker-Rapp (Owners) for the inclusion into the City limits of “PARK VIEW ESTATES THIRD” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the Northeast Quarter of the Northwest Quarter and part of Government Lot 2, all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of 911 and 912 11th Avenue) and to consider approval of Resolution No. 2006-42.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Kelly J. Rapp and Laureen D. Striker-Rapp (Owners) for the inclusion into the City limits of “PARK VIEW ESTATES THIRD” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the Northeast Quarter of the Northwest Quarter and part of Government Lot 2, all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of 911 and 912 11th Avenue) and approve Resolution No. 2006-42. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-42

 

            WHEREAS, an Application has been submitted by Craig Bennett from Miller & Associates (Applicant) for Kelly J. Rapp and Laureen D. Striker-Rapp (Owners) for the inclusion of “PARK VIEW ESTATES THIRD” an addition within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter and part of Government Lot 2, all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows:  Referring to the northeast corner of the Northwest Quarter of said Section 11 and assuming the east line of said Northeast Quarter of the Northwest Quarter as bearing S00º00’15”E and all bearings contained herein are relative thereto; thence S00º00’15”E and on the east line of said Northwest Quarter a distance of 20.0 feet to a point on the south line of 11th Street, a street in the City of Kearney, Buffalo County, Nebraska; thence N89º44’36”W on said south line a distance of 30.0 feet to the northeast corner of Lot 1, Block 1, Rapp Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence S00º00’15”E on the east line of said Lot 1 parallel with and 30.0 feet west of the east line of said Northwest Quarter a distance of 604.0 feet to the southeast corner of said Lot 1; thence N89º44’36”W on the south line of the aforesaid Rapp Addition a distance of 375.66 feet to the ACTUAL PLACE OF BEGINNING; thence continuing N89º44’36”W on the aforesaid south line of Rapp Addition a distance of 290.0 feet to the northeast corner of Lot 1, Block 1, Park View Estates Second, an addition to the City of Kearney, Buffalo County, Nebraska; thence S00º00’15”E parallel with said east line and on the east line of Park View Estates Second a distance of 559.7 feet to a point on the north line of Lot 1, Block 2, Park View Estates Second and on the south line of 8th Street, a street in Kearney, Buffalo County, Nebraska; thence S89º44’36”E and parallel with the south line of Rapp Addition and on the south line of said 8th Street a distance of 12.5 feet to the northeast corner of Lot 1, Block 2, Park View Estates Second; thence S00º00’15”E parallel with said east line and on the east line of said Park View Estates Second a distance of 280.3 feet to the southeast corner of Lot 3, Block 2, Park View Estates Second; thence S89º44’36”E parallel with the south line of said Rapp Addition a distance of 315.0 feet; thence N00º00’15”W parallel with said east line a distance of 346.3 feet; thence N89º44’36”W parallel with the south line of said Rapp Addition a distance of 37.5 feet; thence N00º00’15”W parallel with said east line a distance of 493.7 feet to the place of beginning, containing 5.81 acres, more or less, Buffalo County, Nebraska; and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on February 17, 2006 on the inclusion of “PARK VIEW ESTATES THIRD” within the corporate limits and recommended the Kearney City Council approve said application; and

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

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on March 14, 2006 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City.

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

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

            PASSED AND APPROVED THIS 14TH DAY OF MARCH, 2006.

 

ATTEST:                                                                                   GALEN D. HADLEY

                                                                                                PRESIDENT OF THE COUNCIL

                                                                                                AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

PROGRESS REPORT ON ST. LUKE’S DAY CARE CENTER

 

Mayor Hadley opened the public hearing on the progress of Community Development Block Grant Project #04PW009 which is the St. Luke’s Day Care Center located at 2400 East 32nd Street.

 

Assistant to City Manager Amber Brown presented this matter to the Council.  The purpose of this public hearing is to receive public input on the activities that were conducted in accordance with the Community Development Block Grant administered by the City of Kearney for the St. Luke’s Good Samaritan Village Childcare Center Project. 

 

The City was awarded funding in June 2004 for the new construction of a childcare center to be built at the Good Samaritan Village in Kearney.  St. Luke’s had been operating a successful childcare center in an old building located on the St. Luke’s Village property since 1994.  The old building, constructed in 1891, was severely deteriorated.  The building contained structural issues, posed significant health and safety risks to children and employees, and did not meet ADA requirements.  As a result of these hazards, St. Luke’s Day Care Center was in danger of losing their childcare license and being closed.  Closure of the facility would have affected the families of 72 children and the employees of over 75 businesses in the Kearney community.

 

With this in mind, St. Luke’s thoroughly investigated remodeling and renovation options for the old building and discovered that renovation of the old building was far too expensive and not even structurally feasible.  New construction was the only option for St. Luke’s.

 

The new childcare building is located at 2400 East 32nd Street in Kearney, which is situated to the south of St. Luke’s Nursing Home.  The rectangular shaped building spans 5,934 square feet, providing safe, adequate center space for 100 children ages birth to 13.  There is an ample playground area in the back to the building and plenty of parking for parents and staff in the front.  Children and staff have already moved into the new building.

 

The City of Kearney was awarded $345,000 in grant funding from the Nebraska Department of Economic Development for the construction of the day care facility and for general administration of the grant.  Matching funds in the amount of $242,700 were required and were provided by St. Luke’s Good Samaritan Village.

 

Laurie Johnson, 612 Garfield Street, Minden, Nebraska is the Director the St. Luke’s Child Care Center now located at 2209 East 32nd Street; the old center was at 2400 East 32nd Street.  She stated there were approximately 60 people, who attended their open house and was very well received.  Ms. Johnson thanked the community for their support in building the new daycare. She believed they could not have done this without the community’s support. They have started expanding their daycare hours now that they are physically moved in.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Kearney to close the hearing and accept the report of the progress of Community Development Block Grant Project #04PW009 which is the St. Luke’s Day Care Center located at 2400 East 32nd Street. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

PROGRESS REPORT ON THE COMMUNITY REVITALIZATION PROJECT (PLANNING PHASE)

 

Mayor Hadley opened the public hearing on the progress of Community Development Block Grant Project #05CR004 that is the Community Revitalization Program (planning phase) that will provide a combination of improvements to sidewalks, street, and accessible sidewalk ramps in southeast Kearney.

 

Assistant to City Manager Amber Brown presented this matter to the Council. The purpose of this public hearing is to receive input on the activities that were conducted in accordance with the Planning Grant of the Comprehensive Revitalization Program.  The Planning Grant required that the City gather public input, which would be used to develop a Comprehensive Revitalization Plan.  The Plan is a tool to assist the City Council and staff in planning for future development of areas home to Low to Moderate Income persons.

 

The City of Kearney employed a comprehensive approach in completing planning.  This effort included a web survey, suggestion cards and a community needs assessment.  The City Council and staff also conducted forty-two (42) listening sessions, including two (2) town hall meetings.  In addition, three (3) public meetings were facilitated in areas designated as Low to Moderate Income target areas.  All meetings were conducted at times and locations that would ensure full accessibility and participation by all Kearney citizens.

 

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.  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

 

The City of Kearney was awarded $7,500 in grant funding from the Nebraska Department of Economic Development for the Planning Grant.  Matching funds in the amount of $2,500 were required and have already been provided by the City.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and accept the report of the progress of Community Development Block Grant Project #05CR004 which is the Community Revitalization Program (planning phase) that will provide a combination of improvements to sidewalks, street, and accessible sidewalk ramps in southeast Kearney. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

IV.    CONSENT  AGENDA

 

Mayor Hadley stated that the agenda was amended on Monday to include Item 10 to the Consent Agenda which is an application for a Special Designated License submitted by the Alley Rose.

 

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

 

1.         Approve Minutes of Regular Meeting held February 28, 2006.

 

2.         Approve the following Claims: ACS Gov't $1,420.00 smcs; AFLAC $2,199.10 ps; Alamar $140.36 ps; Albright,D $200.90 smcs; Alltel $2,810.67 smcs; Amer Fence $19,923.00 smcs,co; Anderson Ford $19,256.00 co; Antelope Newspaper $161.00 smcs; Ask Supply $241.50 smcs; B&M Cleaning $330.00 smcs; Baker & Taylor $2,873.74 smcs; Bamford $150.00 smcs; Barney Abstract $30.00 co; BBC Audiobooks $8.00 smcs; BD Construction $17.44 smcs; Beaty,G $30.00 smcs; Bennett,T $1,614.00 smcs; Big Flag Farm $73.60 smcs; Blevins,D $204.00 smcs; Bluecross Blueshield $44,796.40 smcs; Bob's Super Store $38.40 smcs; Bosselman $697.50 smcs; Brewer,J $33.71 smcs; Buffalo Co Reg of Deed $321.00 smcs,co; Buffalo Co Treasurer $18,750.00 smcs; Builders Warehouse $72.29 smcs,co; Capstone Press $2,750.35 smcs; Central Fire $68.50 smcs; CHAD $24.00 ps; Champlain Planning Press $140.00 smcs; Charlesworth & Associates $262.50 smcs; Charter $132.44 smcs; Chief Supply $104.94 smcs; Child's World $1,220.40 smcs; City of Ky $175,774.70 smcs,ps; City of Salina $951.66 ps; College Savings Plan of NE $50.00 ps; Compass Point Books $777.05 smcs; Conseco Life Insurance $38.00 ps; Construction Rental $119.49 co; Control Masters $875.64 smcs; Copycat Printing $1,004.53 smcs; Culligan $336.00 smcs; Curbit $1,507.00 smcs; Dawson Co PPD $1,533.30 smcs; Depository Trust $12,464.79 ds; Development Council $5,000.00 smcs; Double M Farms $2,000.00 smcs; Dowhy,R $31.95 smcs; DPC Industries $5,122.90 smcs; Dugan Business Forms $4,683.21 smcs; Dutton-Lainson $129.00 smcs,co; Eakes $514.23 smcs; Ecolab $29.00 smcs; EDM Equipment $140,324.26 smcs,co; Eirich,T $50.00 smcs; Elliott,J $215.00 smcs; Enslow Publishers $283.30 smcs; Evans Construction $2,235.00 smcs; Fairbanks $7,226.68 smcs; Farmers Union Coop $855.60 smcs; Friesen,J $26.09 smcs; Frontier $241.10 smcs; Full Tilt Management $800.00 smcs; Fyr-Tek $770.93 smcs; Garcia,T $40.60 smcs; Garrett Tires $1,977.40 smcs; Great Plains One Call $249.26 smcs; Grimes,J $33.23 smcs; Guideposts $50.82 smcs; H&H Distributing $313.30 smcs; Hagan,B $24.06 smcs; Haller,D $27.32 smcs; Henderson,C $23.99 smcs; HHS Regulations $80.00 smcs; Holmes Plumbing $13.16 smcs; Hometown Leasing $248.23 smcs; Howe,C $39.90 smcs; IBM $440.00 co; ICMA RC $2,594.89 ps; IRS $89,861.00 ps; Int'l Code Council $40.00 smcs; Int'l Assoc for Identification $60.00 smcs; Jack Lederman $314.52 smcs; Jack's Uniforms $2,307.10 smcs; Jacobsen, Orr, Nelson $3,065.75 smcs; Johnson Service $723.00 smcs; Johnson,S $50.00 smcs; Ky Area United Way $502.24 ps; Ky Concrete $2,152.57 smcs.co; Ky Crete & Block $246.95 smcs,co; Ky Glass $54.49 smcs; Ky Visitors Bureau $7,896.18 smcs; Kelley,E $3.51 smcs; Kooyman,R $200.00 ps; Kotsiopulos,J $21.10 smcs; Laser Technology $2,557.08 smcs,co; Laughlin,K $360.00 ps; Law Enforcement Training $120.00 smcs; League of NE Municipalities $650.00 smcs; Lerner Publishing $376.95 smcs; Linke,T $27.43 smcs; Luedke,N $22.61 smcs; Luther,B $4.96 smcs; Magic Cleaning $250.00 smcs; Mail Express $119.20 smcs; Manriquez,J $27.74 smcs; Marlatt Machine Shop $314.91 smcs; Mckay,M $3.64 smcs; Meridian Library System $20.00 smcs; MES $59.92 smcs; Metlife $4,159.69 ps; Mid-State Engineering $185.00 smcs; Miller & Associates $36,031.29 co; Milwaukee Rubber $1,159.48 smcs; Mosbarger,B $200.00 ps; Municipal Clerk Institute $195.00 smcs; Municipal Supply $1,360.54 smcs; Napa All Makes $41.00 smcs; National Volunteer Fire $50.00 smcs; NWWA $1,440.28 smcs; NCVC $80.00 smcs; NE Cemetery Assoc $40.00 smcs; NE Child Support $1,943.47 ps; NE Dept of Revenue $26,450.49 ps; NE Golf $6,424.00 co; NE Machinery $2,900.00 ds; NE Truck Center $56.21 smcs; NEland Distributors $156.00 smcs; Northwestern Energy $4,164.88 smcs; Northwestern University $8,784.00 smcs; O'Keefe Elevator $358.13 smcs; Patterson,B $78.00 smcs; Payflex Systems $416.50 smcs,ps; Pepperball Technologies $280.98 smcs; Picture Window Books $1,884.10 smcs; Platte Valley Comm $161.00 smcs; Portable Computer Systems $12,745.00 co; Powell,R $21.00 smcs; Powerplan $3,560.23 smcs; Presto-X $164.00 smcs; QPR $835.20 smcs; Qunilan Publishing $154.75 smcs; Ramada Inn $2,693.96 smcs; Random House $406.40 smcs; Ready Mixed Concrete $2,044.74 smcs,co; Recorded Books $470.40 smcs; Reserve Account $8,000.00 smcs; Resource Management $1,183.60 smcs; Rivera,R $23.27 smcs; Riverside Animal Hospital $3,421.45 smcs; Russ Sasakura Engineering $437.50 co; S&B Heating $1,881.07 co; Sapp Brothers $17,157.90 smcs; Scheides,R $37.97 smcs; See Clear Cleaning $1,900.00 smcs; Segura Arietta Construction $8.85 smcs; Sesna,D $141.50 smcs; Sherwin Williams $53.04 smcs; Solid Waste Agency $45,228.70 smcs; Solid Waste Equipment $18,589.66 smcs; Splitter,M $200.90 smcs; St. Luke's Good Samaritan $50,364.00 smcs; Stahla,R $18.32 smcs; State of NE Dept of Natural $70.00 co; State of NE/DAS $19.01 smcs; Steinbrink Landscaping $75,689.73 co; Strategos Int'l $350.00 smcs; Streicher's $212.70 smcs; Summit Contractors $115.48 smcs; Summit Heating $162.00 smcs; Sun Life Financial $20,106.31 smcs; Sydow,J $40.00 smcs; Thompson,K $171.50 smcs; Tye & Rademacher $8,513.72 smcs; Varwig,J $388.24 smcs; Video Service of America $2,254.55 smcs; Village Uniforms $129.56 smcs; Woodside,M $178.57 smcs; Xerox $93.85 smcs; Yankee Hill Brick $1,100.00 smcs; Zavadil,K $26.87 smcs; Zimmerman Printers $1,727.00 smcs; Zlomke,S $20.24 smcs; Payroll Ending 3-4-2006 -- $258,577.53.  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 setting March 28, 2006 at 7:00 p.m. as time and date for the Board of Equalization to assess costs for 2004 Part I Improvements consisting of Paving Improvement District No. 2004-885 for 30th Avenue from LaCrosse Drive to 39th Street.

 

4.         Approve the application for a Special Designated License submitted by KEARNEY STEAK COMPANY, dba "Whiskey Creek" in connection with their Class IK35628 catering liquor license to dispense beer, wine, and distilled spirits in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N, on April 1, 2006 from 4:00 p.m. until 1:00 a.m. for the Pheasants Forever Banquet.

 

5.         Approve the application for a Special Designated License submitted by KEARNEY STEAK COMPANY, dba "Whiskey Creek" in connection with their Class IK35628 catering liquor license to dispense beer, wine, and distilled spirits in the Great Platte River Road Archway Monument, 3060 1st Street, on March 31, 2006 from 2:00 p.m. until 1:00 a.m. for the Cornhusker Beef Council dinner.

 

6.         Approve the request submitted by Good Samaritan Health Systems and Kearney Park & Recreation to conduct the Good Samaritan Olympiad 5K on June 24, 2006 beginning at 8:30 a.m. The route will begin at Good Samaritan Hospital, south on Avenue A to 27th Street, east on 27th Street to Avenue I, north on Avenue I to Tabor Street, west on Tabor Street to Avenue K, south on Avenue K to 34th Street, west on 34th Street to Avenue G, south on Avenue G to 33rd Street, east on 33rd Street to Avenue H, south on Avenue H to 27th Street, west on 27th Street to Avenue A, north on Avenue to Good Samaritan Hospital.

 

7.         Approve the request submitted by the Kearney Volunteer Fire Department, in conjunction with Kidz Explore, to block off the west end of Platte Road in front of the Kearney Event Center, 609 Platte Road, on April 22, 2006 from 9:00 a.m. until 5:00 p.m. and on April 23, 2006 from 12:00 p.m. until 5:00 p.m.

 

8.         Approve the bids received for the 2006 Cemetery Paving Improvements and approve Resolution No. 2006-43 awarding the bid to Blessing LLC in the amount of $120,959.80.

 

RESOLUTION NO. 2006-43

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on March 6, 2006, at 2:00 p.m. for the 2006 Cemetery Paving Improvements; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $134,458.50; and

WHEREAS, the said engineers have recommended the bid offered by Blessing, LLC of Kearney, Nebraska be accepted as the lowest responsible bid.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Blessing, LLC of Kearney, Nebraska be and is the lowest responsible bidder for the 2006 Cemetery Paving Improvements to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Blessing, LLC of Kearney, Nebraska in the sum of $120,959.80 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2006 Cemetery Paving Improvements in the amount of $134,458.50 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 14TH DAY OF MARCH, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

9.         Approve the application for a Special Designated License submitted by KEARNEY INVESTMENT CORP., dba “Holiday Inn” in connection with their Class CK17964 catering liquor license to dispense beer, wine and distilled spirits in the Great Platte River Road Archway Monument, 3060 1st Street, on March 27, 2006 from 5:00 p.m. until 10:00 p.m. for a dinner and program.

 

10.        Approve the application for a Special Designated License submitted by ALLEY ROSE INC. OF KEARNEY, NE., dba “Alley Rose” in connection with their Class IK-21763 liquor license to dispense beer, wine and distilled spirits in the Museum of Nebraska Art, 2401 Central Avenue, on April 6, 2006 from 6:00 p.m. until 1:00 a.m. for the Rotary Club event.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7241 – AMEND SECTION 4-603 – PERMIT TO SELL PERMISSIBLE FIREWORKS

 

In November of 2002, the City Council increased the charge for a permit from $5.00 to $50.00.  The fees collected went in the general funds of the City. At that time 18 fireworks stands were issued permits. In 2005, the City had a total of 23 permits. Currently, Grand Island charges $200.00 for a permit, Hastings charges $110.00, and North Platte charges $250.00.

 

The Fire Department is requesting a change to Section 4-603 of the City Code to increase the permit fee to sell permissible fireworks in the City of Kearney from $50.00 to $200.00 and requesting the fees collected be placed in the Fire Department’s Fire Prevention Account as a line item for fireworks safety and education training programs and materials. Training programs and materials will be made available to the public to enhance safety for fireworks stand employees, the general public and to firefighters responding to fires involving fireworks.

 

Council Member Lear introduced Ordinance No. 7241, being Subsection 1 of Agenda Item V to amend Section 4-603 “Permit to Sell Permissible Fireworks” of Article 6 “Fireworks” of Chapter 4 “Fire Regulations” of the Code of the City of Kearney to increase the funds received for permits to $200.00 and the funds received will be dedicated to fireworks safety and education training programs and materials, 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, 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. 7241 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 Buschkoetter seconded by Hadley that Ordinance No. 7241 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. 7241 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. 7242 – REPEAL ORDINANCE NO. 7238 AND RE-VACATE ALLEY BETWEEN 2500 24TH STREET AND 2514 24TH STREET

 

The applicant requested vacation of approximately 200 lineal feet of the 30-foot wide north-south alley that runs between 2500 24th Street and 2514 24th Street (State Highway 30).  This alley is paved and in place.  There is a ten-foot wide utility easement on the east side of the alley for its entire length.  The applicant wanted to vacate the alley because of the cut-through traffic from apartments to the south that use the alley to get to Highway 30. 

 

On February 14, 2006 the Council adopted Ordinance No. 7238 vacating the alley as requested by the applicant. When the City filed the ordinance with the Register of Deeds, it was determined that the legal description was not correct and needed to be repealed.  Therefore, the attached ordinance repeals Ordinance No. 7238 and re-vacates the alley with the appropriate legal description.

 

Council Member Lear introduced Ordinance No. 7242, being Subsection 2 of Agenda Item V to repeal Ordinance No. 7238 and to vacate a tract of land being part of the 30-foot wide alley as shown on the plat and dedication of the Kearney Plaza Subdivision, a subdivision to the City of Kearney, more particularly described as being all of that part of the 30-foot wide alley abutting Tract 1 on the east of said Kearney Plaza Subdivision, with said alley also abutting the north 200 feet, more or less, of Lot 28, Lincoln Way Villa Plots, an addition to the City of Kearney, 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, 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. 7242 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 Buschkoetter seconded by Hadley that Ordinance No. 7242 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. 7242 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.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7243 – VACATE ALLEY; 17TH STREET AND AVENUE M

 

Council Member Hadley introduced Ordinance No. 7243, being Subsection 1 of Agenda Item VI to vacate the 20 foot alley located east of Lots 1 through 6, inclusive and the vacated north 7 feet of said Lot 6 on the south and east of Lots 7 through 12, inclusive, and the vacated north 7 feet of 17th Street abutting said Lot 7 on the south, Park Place Addition to the City of Kearney, Buffalo County, Nebraska (203± feet west of the intersection of 17th Street and Avenue M), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7243 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Clouse that Ordinance No. 7243 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7243 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. 7244 – REZONE WEST OF 17TH STREET AND AVENUE M

 

Council Member Hadley introduced Ordinance No. 7244, being Subsection 2 of Agenda Item VI to rezone from “District R-2, Urban Residential Mixed-Density District” to “District M-1, Limited Industrial District” property described as Lots 4, 5 and 6, Park Place Addition to the City of Kearney, Buffalo County, Nebraska together with the vacated west half of Avenue L abutting said lots on the east, and together with the vacated north seven feet of 17th Street abutting said Lot 6 and abutting said portion of Avenue L (above mentioned) on the south (203± feet west of the intersection of 17th Street and Avenue M) subject to compliance with the condition that one half of the vacated alley shall be included in the required 20-foot landscaped buffer zone between the subject property and the R-2 zoning to the east, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7244 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Clouse that Ordinance No. 7244 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7244 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. 7245 – VACATE LOTS 1 AND 6, PALOMINO ESTATES

 

Council Member Clouse introduced Ordinance No. 7245, being Subsection 3 of Agenda Item VI to vacate Lots 1 and 6 of Palomino Estates, Equestrian Hills of Crest Valley Ranch, a subdivision being part of the West Half of Section 33, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (north of Lake Side Drive and Rolling Hills Road), 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 Lear 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, Kearney, Buschkoetter, Lear, Clouse. 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. 7245 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Lear that Ordinance No. 7245 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7245 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. 7246 – REZONE NORTH OF LAKE SIDE DRIVE AND ROLLING HILLS ROAD

 

Council Member Clouse introduced Ordinance No. 7246, being Subsection 4 of Agenda Item VI to rezone from “District RR-2, Rural Residential District (Intermediate Standards)” and “District AG, Agricultural District” to “District RR-2/PD, Rural Residential District (Intermediate Standards)/Planned Development Overlay District” property described as Lot 1, Palomino Estates, Equestrian Hills of Crest Valley Ranch, and a tract of land being part of the West Half of Section 33 Township 9 North Range 16 West of the 6th P.M, Buffalo County Nebraska containing 29.68 acres, more or less (north of Lake Side Drive and Rolling Hills Road), 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 Lear 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, Kearney, Buschkoetter, Lear, Clouse. 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. 7246 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Lear that Ordinance No. 7246 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7246 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.

 

OPEN ACCOUNT CLAIMS – FREMONT NATIONAL BANK - $38,907.91; SCHOOL DISTRICT #7 - $1,017.70; STAN CLOUSE - $127.92

 

Moved by Hadley seconded by Kearney that Open Account Claims in the amount of $38,907.91 payable to Fremont National Bank, and in the amount of $1,017.70 payment to School District #7 be allowed. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney. Nay: None. Lear and Buschkoetter abstained. Motion carried.

 

Moved by Kearney seconded by Lear that Open Account Claims in the amount of $127.92 payable to Stan Clouse be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear. Nay: None. Clouse abstained. Motion carried.

 

VII.    REPORTS

 

SMOKING POLICY

 

Council member Buschkoetter stated that he and Council member Clouse held an interesting meeting on the smoking policy, which was not as well attended as they had hoped. There will be information in the upcoming newsletter that will hopefully prompt a larger group of folks to attend with their opinions and ideas.

 

VIII.    ADJOURN

 

Moved by Clouse seconded by Lear that Council adjourn at 8:07 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