Kearney, Nebraska
August 14, 2007
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
August 14, 2007, in the Council Chambers at City Hall. Present were: Stanley
A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council
Members Randy Buschkoetter, Don Kearney, Bruce Lear, and Bob Lammers. Absent:
None. Michael Morgan, City Manager; Michael Tye, City Attorney; Amber Brown,
Assistant to City Manager; Wendell Wessels, Director of Finance and
Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan,
Director of Public Works were also present. Some of the citizens present in the
audience included: Jim Ganz, Jr., Qiu Fang Zhao, Jim Tacha, Mitch Humphrey,
Paul Brungardt, Kirby Andersen, Art Hansen, Jeff Shields, Richard Stacy, Calvin
Shear, Andy Harter, Bruce Grupe, Dan Lynch, Mike Konz from Kearney Hub, Paul
Wice 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
Father Matt Koperski from St.
James Catholic Church provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scout Philip Martin from
Troop 158 led the Council members and audience in the Pledge of Allegiance.
ANNOUNCEMENT
Mayor Clouse announced that in
accordance with Section 84-1412 of the Nebraska Revised Statutes, a current
copy of the Open Meetings Act is available for review and is posted towards the
back of the Council Chambers.
ORAL COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED
BUSINESS
There was no Unfinished Business.
III. PUBLIC
HEARINGS
BOARD OF EQUALIZATION – WATER
CONNECTION DISTRICT NO. 2006-1
Mayor Clouse opened the public
hearing for the Council to meet as the Board of Equalization to determine a connection
fee in the amount of special benefits accruing to the property in Water
Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th
Street and to consider approval of Resolution No. 2007-146.
The City created Water Connection
District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street. The
connection fee for this water connection district is not levied as liens or
assessments against the benefited property whereby annual payments that
accumulate interest are due. Rather, the connection fee is approved by the
City Council sitting as the Board of Equalization then filed at the Buffalo
County Register of Deeds Office so that future owners are aware that connection
fees will be collected when the property connects to City water.
The connection fee for the Water
Connection District has been calculated according to City policy in the amount
of $17.04 per foot of frontage. The property owners pay the connection fee
multiplied by the property frontage when they connect to the water main. The
policy calls for the cost of an 8-inch diameter pipe to be charged to the
abutting or benefited properties. The City pays for larger diameter pipe in
excess of 8 inches, fire hydrants, valves, and pipefittings, etc.
A schedule of the connection
district was provided to the Council prior to the meeting. Certified
notification was made to all property owners and interested parties at least
ten days (July 30) prior to the Board of Equalization.
In order to satisfy state law,
when connection districts are completed, the City Council must act as a Board
of Equalization to determine a connection fee in the amount of special benefits
accruing to the property.
There was no one present in
opposition to this hearing.
Moved by Kearney seconded by Lammers
to close the hearing as the Board of Equalization and approve the a connection
fee in the amount of special benefits accruing to the property in Water
Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th
Street and approve Resolution No. 2007-146. Roll call resulted as follows: Aye:
Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.
RESOLUTION NO.
2007-146
WHEREAS, on the 28th
day of February, 2006, the City Council of the City of Kearney, Nebraska, passed
and approved Ordinance No. 7240 creating Water Connection District No. 2006-1,
the said water main has been constructed in accordance with said Water
Connection District No. 2006-1 and the costs thereof have been reported to the
City Council; and
WHEREAS, the City
Council, sitting as a Board of Equalization, has determined the benefits to
abutting property in the District to be shown on the Schedule, marked Exhibit
“A”, attached hereto and made a part hereof; and
WHEREAS, Section
16-6,103 of the Nebraska Revised Statutes provides that the special benefits
determined by the Board of Equalization shall not be levied as special
assessments against the property within the District, but shall be certified to
the Register of Deeds of the County.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, that
the benefits to abutting property in Water Connection District No. 2006-1 are
as found and determined by the Council, sitting as a Board of Equalization, as
shown and set forth on Exhibit “A”.
BE IT FURTHER
RESOLVED that the City Clerk is hereby authorized and directed to file a
certified copy of this Resolution in the Office of the Buffalo County Register
of Deeds.
BE IT FURTHER
RESOLVED that a connection fee equal to the amount of the benefit accruing to
the property as set by the benefit schedule (Exhibit “A”) shall be paid to the
City at the time the respective properties are connected to the water main
constructed in Water Connection District No. 2006-1 and that no property thus
benefited by said main improvements shall be connected to the main until said
connection fee is paid.
BE IT FURTHER
RESOLVED that upon payment by abutting owners of the connection fee, the City
shall notify the Buffalo County Register of Deeds that the individual
connection fees have been paid and satisfied.
PASSED AND
APPROVED THIS 14TH DAY OF AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE
E. TREMBLY PRESIDENT OF THE
COUNCIL
CITY
CLERK AND
EX-OFFICIO MAYOR
HUNAN’S LIQUOR LICENSE
Mayor Clouse opened the public
hearing on the Application for a Class C-78045 Liquor License submitted by YQF
FOOD, INC., dba “Hunan’s Chinese Restaurant” located at 305 West 11th Street,
consider the Application for Corporate Manager of Qiu Fang Zhao and consider
approval of Resolution No. 2007-147.
Attorney Jim Ganz Jr. presented
this matter to the Council. They recently purchased Hunan’s from Steve Liang. His
clients had a great mentor in Mr. Liang, who owned Hunan’s for many years. It
was his understanding that Mr. Liang never had license violations and his
police reports have always been exemplary. He has passed on that philosophy
and behavior to the purchasers. He sees nothing in his clients’ conduct that
would indicated that they would not follow that same exemplary conduct. Their
policy is to inform all their employees if they sell alcohol to minors, they
will be fired. The Zhaos have been in contact with the Kearney Police
Department and have completed the Responsible Beverage Training program on July
24th. All of their employees, at this time, are over the age of 21 and have
been trained in the ID process.
There was no one present in
opposition to this hearing.
Moved by Lammers seconded by Lear
to close the hearing and approve the Application for a Class C-78045 Liquor
License submitted by YQF FOOD, INC., dba “Hunan’s Chinese Restaurant” located
at 305 West 11th Street, consider the Application for Corporate Manager of Qiu
Fang Zhao and approve Resolution No. 2007-147. Roll call resulted as follows:
Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
RESOLUTION
NO. 2007-147
WHEREAS, YQF FOOD,
INC., dba “Hunan’s Chinese Restaurant” has filed with the Nebraska Liquor
Control Commission and the City Clerk of the City of Kearney, Nebraska, an
application for a Class C-78045 (Beer, Wine and Distilled Spirits – On and Off
Sale Only) Liquor License to do business at 305 West 11th Street, Kearney,
Nebraska, and has paid all fees and done all things required by law as provided
in the Nebraska Liquor Control Act; and
WHEREAS, YQF FOOD,
INC., dba “Hunan’s Chinese Restaurant” also filed with the Nebraska Liquor
Control Commission and the City Clerk of the City of Kearney, Nebraska, an
application for Corporate Manager of Qiu Fang Zhao; and
WHEREAS, a hearing
was held relating to said application on August 14, 2007.
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 C-78045 (Beer, Wine and Distilled Spirits – On and Off Sale
Only) Liquor License to YQF FOOD, INC., dba “Hunan’s Chinese Restaurant”
located at 305 West 11th Street, Kearney, Nebraska, and to approve the
application for Corporate Manager of Qiu Fang Zhao.
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 AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE E. TREMBLY PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
FINAL PLAT FOR GRANDVIEW ESTATES
TENTH; EAST OF SUNRISE MIDDLE SCHOOL, NORTH OF 45TH STREET AND WEST OF AVENUE R
Mayor Clouse opened the public
hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying
(Applicant) for The School District of the City of Kearney, Buffalo County,
Nebraska (Owner) for final plat approval for “GRANDVIEW ESTATES TENTH” an
addition to the City of Kearney, Buffalo County, Nebraska for property
described as Lot 1 of Block 1 (to be vacated), Grandview Estates, an addition
to the City of Kearney, Buffalo County, Nebraska, being part of the North Half
of Southwest Quarter of Section 30, Township 9 North, Range 15 West of the 6th
P.M., containing 28.71 acres, more or less, Buffalo County, Nebraska (east of
Sunrise Middle School, north of 45th Street and west of Avenue R) and to
consider approval of Resolution No. 2007-148. Planning Commission recommended
approval.
Council member Buschkoetter
stated he would be abstaining from this matter for the reason he is an employee
of the Kearney Public Schools.
The applicant is requesting
approval for an eleven lot subdivision that includes Sunrise Middle School, to
be known as Grandview Estates Tenth. The subject property includes the school
and vacant land extending east of the school to Avenue R and north of 45th
Street. All of the property is owned by Kearney Public Schools. The property
is zoned Urban Single-Family Residential District.
The subject property is currently
encompassed in one large lot of approximately 28.71 acres. This lot, known as
Lot 1 of Block 2, Grandview Estates will be vacated so that it can be
subdivided into 11 lots and become Grandview Estates Tenth.
The Preliminary Plat for
Grandview Estates Tenth consists of 22 lots and was approved by Planning
Commission on July 20, 2007. The Final Plat consists of 11 lots; the eight
lots on 47th Street Place, another lot that is shown as eight lots and a
cul-de-sac on the Preliminary, another lot that is shown as five lots along 45th
Street on the Preliminary, and the remaining large lot that comprises the
school building and outside facilities.
Lots 9, 10 and 11 on the Final
Plat will continue to be used for school activity while Lots 1 through 8 are
clustered around a cul‑de-sac to be known as 47th Street Place. These
single-family residential lots will be used by the Construction Technology
class at Kearney High School to build houses. Lots 9 and 10 will be used for
athletic programs in the near future, but could be further subdivided as shown
on the Preliminary Plat for additional single-family lots to be retained by KPS
for the Construction Technology program or sold to community home builders.
A Public Works Plan has been
prepared for this subdivision. Sanitary sewer and municipal water are available
to the site. Drainage easements are shown along the rear yards of Lots 5
through 8 abutting Lot 9 on the Final Plat. The public sidewalk on the north
side of 45th Street shall be extended east to Avenue R. The walk along the west
side of Avenue R to the proposed cul-de-sac will be built in the future based
on pedestrian activity. In the interim, there is a public sidewalk on the east
side of Avenue R.
Mitch Humphrey from Buffalo
Surveying presented this matter to the Council. When the Sunrise Middle School
was built, they purchased approximately 28.71 acres and built the school toward
the westerly side of the complex with an athletic field in the center. When
the site was being developed by Mr. and Mrs. Rochford, they did not know
exactly how much ground the school was going to purchase. They anticipated
there might be a need for some lots in the general location along Avenue R. Facilities
Director Art Hansen and Jeff Shields, Construction Technology instructor for
the Public Schools, asked if they could design lots into that location. The
Planning Commission’s only request was that they do some easements as presented
in the Final Plat. The School System requested that they receive the
preliminary plat which showed the cul-de-sac on the north side, the large lot
south of that cul-de-sac where there are eight lots that could be final platted
someday, and also the long narrow lot south of that on the intersection of
Avenue R and 45th Street where another five lots could be developed. At this
time, only the eight lots will be developed and the rest will be reserved for
athletic purposes or whatever plans the Public Schools has for it. By doing
this preliminary platting, it will hopefully save the Public Schools and the
City time in the future.
There was no one present in
opposition to this hearing.
Moved by Lear seconded by Clouse
to close the hearing and approve the Application submitted by Mitch Humphrey
from Buffalo Surveying (Applicant) for The School District of the City of
Kearney, Buffalo County, Nebraska (Owner) for final plat approval for
“GRANDVIEW ESTATES TENTH” an addition to the City of Kearney, Buffalo County,
Nebraska for property described as Lot 1 of Block 1 (to be vacated), Grandview
Estates, an addition to the City of Kearney, Buffalo County, Nebraska, being
part of the North Half of Southwest Quarter of Section 30, Township 9 North,
Range 15 West of the 6th P.M., containing 28.71 acres, more or less, Buffalo
County, Nebraska (east of Sunrise Middle School, north of 45th Street and west
of Avenue R) and approve Resolution No. 2007-148. Roll call resulted as
follows: Aye: Clouse, Kearney, Lear, Lammers. Nay: None. Buschkoetter
abstaining. Motion carried.
RESOLUTION
NO. 2007-148
BE IT RESOLVED BY THE
PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of
“GRANDVIEW ESTATES TENTH” an addition to the City of Kearney, Buffalo County,
Nebraska for a tract of land being Lot 1 of Block 2, (now vacated) Grandview
Estates, an addition to the City of Kearney, Buffalo County, Nebraska being
part of the North Half of the Southwest Quarter of Section 30, Township 9
North, Range 15 West of the 6th P.M., containing 28.71 acres, more or less,
Buffalo County, Nebraska and 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 AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE E. TREMBLY PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
DEVELOPMENT PLANS FOR CASEY’S; 607
WEST 39TH STREET
Mayor Clouse opened the public
hearing on the Application submitted by Casey’s General Store (Applicant and
Owner) for Planned District Development Plan Approval for the construction of a
storage shed on property zoned “District C-2/PD, Community Commercial
District/Planned Development Overlay District” and described as Lot 1 of Block
2, Windsor Estates Second Addition to the City of Kearney, Buffalo County,
Nebraska (607 West 39th Street) and to consider approval of Resolution No.
2007-149. Planning Commission recommended that the Development Plans for a
freestanding storage shed be approved subject to revising the location of the
shed (completed) and adding landscaping. The Applicant needs to clarify the
amount of new landscaping, species and size.
The applicant is requesting
approval of Development Plans for the addition of a 10 foot by 12 foot
free-standing storage shed on the west side of the existing convenience store
building at 607 West 39th Street. The shed will have a flat roof and brick
wainscoting on the south façade facing the street. The exact location of the
shed is shown on the plan. It is important to the Planning Commission that the
shed be located as far north and as close to the existing building as possible.
The Planning Commission also requested that the applicant minimize the amount
of concrete sidewalk and pad around the shed an add landscaping on the south
side of the shed area to help soften its presence. The plans have been revised
by the applicant according to these directions from Planning Commission.
The landscaping that is shown is
a bit unclear. It is difficult to tell from the plans what is existing and
what is proposed. Also, no species or sizes are listed.
There appears to be enough room
on the west side of the existing building for the shed to meet setback
requirements. However, in the site tabulations presented by the applicant, the
total impervious site coverage is shown to be 90.6% and 80% is the maximum
allowed by code in this zoning district. Planning Commission requested that the
applicant demonstrate compliance with the 80/20 impervious to open space ratio.
The revised plans indicate that the impervious to green space ratio is at an
acceptable 75/25 ratio.
Jim Tacha from Casey’s General
Store presented this matter to the Council. The Planning Commission requested
some bushes be planted in front of the store and that the concrete slab would
be the same size as the shed. Mr. Tacha stated the slab will be the same size
as the shed and there will still be twenty-five percent of green space
remaining.
There was no one present in
opposition to this hearing.
Moved by Clouse seconded by Kearney
to close the hearing and approve the Application submitted by Casey’s General
Store (Applicant and Owner) for Planned District Development Plan Approval for
the construction of a storage shed on property zoned “District C-2/PD,
Community Commercial District/Planned Development Overlay District” and
described as Lot 1 of Block 2, Windsor Estates Second Addition to the City of
Kearney, Buffalo County, Nebraska (607 West 39th Street) and approve Resolution
No. 2007-149 subject to the Applicant shall provide a landscaping plan,
including species and size, between the shed and the parking lot to buffer the
storage shed. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers,
Kearney. Nay: None. Motion carried.
RESOLUTION
NO. 2007-149
WHEREAS, Casey’s General Store (Applicant and
Owner) has applied for Planned District Development Plan Approval for the
construction of a storage shed on property zoned “District C-2/PD, Community Commercial
District/Planned Development Overlay District” and described as Lot 1 of Block
2, Windsor Estates Second Addition to the City of Kearney, Buffalo County,
Nebraska (607 West 39th Street).
NOW, THEREFORE, BE IT RESOLVED by the President
and City Council of the City of Kearney, Nebraska, that the application of
Casey’s General Store (Applicant and Owner) for Planned District Development
Plan Approval for the construction of a storage shed on property zoned
“District C-2/PD, Community Commercial District/ Planned Development Overlay
District” and described as Lot 1 of Block 2, Windsor Estates Second Addition to
the City of Kearney, Buffalo County, Nebraska (607 West 39th Street) be
approved subject to compliance that the Applicant shall provide a landscaping
plan, including species and size, between the shed and the parking lot to
buffer the storage shed.
PASSED AND APPROVED
THE 14TH DAY OF AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE E. TREMBLY PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
FINAL PLAT FOR HIGH PLAINS ESTATES
SECOND; EAST OF 28TH AVENUE BETWEEN 39TH STREET AND 43RD STREET
Public Hearings 5 and 6 were
discussed together but voted on separately.
Mayor Clouse opened the public
hearing on the Application submitted by Richard Stacy from Miller &
Associates (Applicant) for New Life Assembly (Owner) for final plat approval
for “HIGH PLAINS ESTATES SECOND” an addition to the City of Kearney, Buffalo
County, Nebraska for property described as Lot 1, High Plains Estates, a subdivision
of Buffalo County, Nebraska (to be vacated); the west half of vacated 26th
Avenue abutting said Lot 1; and Lots 2, 3, 4, 5, 6 of Block 7, Lighthouse
Point, an addition to the City of Kearney, Buffalo County, Nebraska (to be
vacated) and all in the Southwest Quarter of Section 27, Township 9 North,
Range 16 West of the 6th P.M., containing 10.42 acres, more or less, Buffalo
County, Nebraska (east of 28th Avenue between 39th Street and 43rd Street) and to
consider approval of Resolution No. 2007-150. Staff recommended approval
subject to completing the sidewalk on the east side of 28th Avenue from the
corner of 43rd Street to 39th Street within two years from the date the final
plat is approved by City Council and that the sidewalk on the south side of 43rd
Street be competed within one year of the completion of the sidewalk along the
south side of 43rd Street on the adjacent condominium property to the east,
which is Lot 1 of Block 7, Lighthouse Point.
The applicant is requesting
approval to replat the property containing New Life Assembly Church currently
platted as High Plains Estates and part of Lighthouse Point located at 2715
West 39th Street. This project requires vacation, replatting and annexation as
the land has never previously been annexed into the corporate limits. The
property is zoned Rural Residential District (Rural Standards) and Urban
Residential Mixed-Density District/ Planned Development District.
Lot 1, High Plains Estates and
part of Lot 1, and Lots 2 through 6 of Block 7 all in Lighthouse Point Addition
must be vacated in order to replat this property into a one-lot subdivision to
be known as High Plains Estates 2nd Addition.
The Preliminary Plat for Highland
Estates 2nd was approved by Planning Commission on July 20, 2007. The
Preliminary and Final Plat for High Plains Estates 2nd both consist of one lot
comprising 10.42 acres. Basically, all of the lots in the previous lot
arrangement are being combined into a single lot.
It is the understanding of Staff
that the property owner would like to disassociate the property from the
Lighthouse Point Homeowner’s Association. The City does not get involved in
private owner associations or any of the rules or covenants they may put into
force and effect. The Homeowners Association did contact the City and state
that it was fine by them if the church is no longer part of the association,
but they did request that public sidewalks be installed along 43rd Street and
28th Avenue where they are missing. Staff concurs.
The subject property is already
developed with the church and associated facilities. This development activity
took place before the property was a part of the city and therefore public
sidewalks were not required at that time. A portion of the public sidewalk has
been constructed along 28th Avenue abutting the church parking lot towards 39th
Street. There is no public sidewalk on the church property abutting 43rd
Street, although the sidewalk exists on the north side of the street. The
applicant told the Planning Commission that it was their opinion that the
existing sidewalks are adequate and that additional sidewalks would not connect
to anything. Planning Commission agreed with the Homeowners Association that
sidewalks should be installed. After a long discussion and analysis of several
alternatives the Commission decided on the following recommendation to address
these sidewalk issues:
The public sidewalk along the
east side of 28th Avenue shall be installed from the terminus of the existing
walk on the church property north to 43rd Street within two years of City
Council approval of the Final Plat. The public sidewalk along the south side of
43rd Street shall be constructed within one year of the completion of the
connecting sidewalk to the east in the condominium development.
Ten feet of additional public
right-of-way has been dedicated along 39th Street on the Final Plat bringing
the total right-of-way width to 50 feet from centerline of the street. No
Public Works Plan is required, contour elevations and locations of utilities
have been waived from the platting requirements.
Through the years as this
property and surrounding property has developed, the majority of this property
in High Plains Estates has never been annexed. This property is now surrounded
by annexed lands and has public infrastructure, so the City is taking this
subdivision request as an opportunity to annex the property into the corporate
limits and get the necessary sidewalks constructed.
Richard Stacy from Miller &
Associates presented this matter to the Council. Currently, the New Life
Assembly located along 39th Street is not in the City limits. It is also comprised
of five lots of the Lighthouse Point Subdivision which were purchased when
Lighthouse Point Subdivision was created. The original High Plains Estates was
a rural subdivision because when it was first developed, 39th Street was still
a gravel County road. Lighthouse Point surrounded the property, but the
property was never annexed into the City. The New Life Assembly Church would
like to disassociate from those five lots of Lighthouse Point Subdivision. Lighthouse
Point has a homeowners association to which they pay an annual assessment from which
the Church derives no benefit. Since the Church has no plans to develop
housing there, they use two of those lots for parking for their facility. They
are requesting to replat those and create a single plat subdivision and remove
the lots from Lighthouse Subdivision. Since it has not been annexed, the City
staff required that it be annexed at this point. The Church has no resistance
to annexing this property into the City. Currently, the Church does not have
benefit of City water, but is connected to City sewer.
Mr. Stacy stated that the “catch
of the whole thing” is the sidewalk issue. When they went to Planning
Commission, City staff requested that a sidewalk be installed along 43rd Street
from which the Church is deriving no benefit. However, Lighthouse Point is
allowing them to opt out of their ownership and so the Church agreed to pay for
the sidewalk for them because the Church is getting out of an annual
assessment. Planning Commission members were in dispute among themselves about
requiring a sidewalk along 28th Avenue. Their decision was to require sidewalks
all the way around. Mr. Stacy stated that going into the meeting they had no
intention of putting any sidewalk out there because it doesn’t go anywhere.
While they were agreeable to putting the sidewalk in along 43rd Street as a
good gesture, they were not prepared for the proposed sidewalk along 28th
Avenue. Located on the west side of 28th Avenue is a communication site where
no one is going to build or put a sidewalk. The Church has already built
sidewalk along the part that is paved. The Church has complied with City
regulations in all of their additions, but believed the request for sidewalk
along 28th Avenue was stretching it. The Planning Commission did grant a two
year time frame to get the sidewalk built on 28th Avenue.
Mr. Stacy stated after the
meeting, he did some figuring and found those sidewalks being required would
amount to $15,000.00 to build. They understand the sidewalks are for the
public good and they want to do what it right; however, they requested an
extension of time from two to five years. He said looking from a community
standpoint, the sidewalks should be there and he did not fault the Planning
Commission for their determination. The Church would be receiving the benefit
of $1,250.00 a year by not having to pay the assessment. However, as a trade
off, in two years they would have to invest $15,000.00 which they believed was
lopsided. Mr. Stacy requested on behalf of New Life Assembly that they be
allowed five years to build the 28th Avenue sidewalk so they can invest the
money they would have paid to the homeowners association into City sidewalks
for a win/win situation.
Mr. Stacy stated the Planning
Commission determined that when the property to the east of the Church
completes their sidewalk, they would have a year after that to complete the
sidewalk on the south side of 43rd Street. He believed that was reasonable.
The larger part is almost 500 feet on 28th Avenue ($8,000.00) which is a little
demanding short term. Since the sidewalk on 28th Avenue really does not go
anywhere to any facility, they would like some consideration on the time to get
it completed. There was some discussion by Council about the possibility that
28th Avenue could be put in before the property to the east develops.
City Manager Michael Morgan
stated one of the concerns would be that every block that does not have a
sidewalk creates a problem. All of these streets are connected to go south and
connect to the hike/bike trail to the west. He did not know when 28th Avenue was
constructed or what the logic was that no sidewalks were put in at that time. Director
of Public Works Rod Wiederspan stated that typically the City has not built
sidewalks with any of their road projects. Recently, for example, along 39th
Street they have put in the hike/bike trails along arterial streets.
Typically, in a residential
subdivision, they have not installed sidewalks with a road project. The Church
was outside the City limits and with this annexation it will be inside the City
limits. 28th Avenue was within the City limits, but the Church and the tower
site to the west were outside. 28th Avenue was platted as part of Lighthouse
Point because they had that strip and wanted another access point. There could
possibly be some commercial development that could go in underneath that tower,
but he would doubt there would ever be housing under it.
Discussion was held and the Council
was in agreement to allow the extension.
There was no one present in
opposition to this hearing.
Moved by Kearney seconded by Lammers
to close the hearing and approve the Application submitted by Richard Stacy
from Miller & Associates (Applicant) for New Life Assembly (Owner) for
final plat approval for “HIGH PLAINS ESTATES SECOND” an addition to the City of
Kearney, Buffalo County, Nebraska for property described as Lot 1, High Plains
Estates, a subdivision of Buffalo County, Nebraska (to be vacated); the west
half of vacated 26th Avenue abutting said Lot 1; and Lots 2, 3, 4, 5, 6 of
Block 7, Lighthouse Point, an addition to the City of Kearney, Buffalo County,
Nebraska (to be vacated) and all in the Southwest Quarter of Section 27,
Township 9 North, Range 16 West of the 6th P.M., containing 10.42 acres, more
or less, Buffalo County, Nebraska (east of 28th Avenue between 39th Street and
43rd Street) and approve Resolution No. 2007-150 subject to completing the
sidewalk on the east side of 28th Avenue from the corner of 43rd Street to 39th
Street within five years from the date the final plat is approved by City
Council and that the sidewalk on the south side of 43rd Street be competed
within one year of the completion of the sidewalk along the south side of 43rd
Street on the adjacent condominium property to the east, which is Lot 1 of
Block 7, Lighthouse Point. Roll call resulted as follows: Aye: Clouse, Lear, Lammers,
Kearney, Buschkoetter. Nay: None. Motion carried.
RESOLUTION
NO. 2007-150
BE IT RESOLVED BY THE
PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “HIGH
PLAINS ESTATES SECOND” an addition to the City of Kearney, Buffalo County,
Nebraska for a tract of land being Lot 1, High Plains Estates, a subdivision in
the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska (now vacated), the West Half of vacated 26th
Avenue abutting said Lot 1 and Lots Two through 6 inclusive, Block 7,
Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska
(now vacated) and part of Lot 1, Block 7, Lighthouse Point, an addition to the
City of Kearney, Buffalo County, Nebraska, more particularly described as
follows: Beginning at the Northeast corner of Lot 2, Block 7 in said addition;
thence in a southerly direction on the line common to Lot 1 and Lot 2 a
distance of 156.95 feet to the Southeast corner of said Lot 2; thence in an
easterly direction on the south line of said Lot 2 (if extended easterly) a
distance of 33.0 feet; thence in a northerly direction parallel with the line
common to said Lots 1 and 2 a distance of 166.65 feet to a point that intersects
on the south right-of-way line of 43rd Street, a street in the City of Kearney,
Buffalo County, Nebraska; thence in a southwesterly direction on the aforesaid
south right-of-way line of 43rd Street a distance of 34.49 feet to the place of
beginning (now vacated) and all in the Southwest Quarter of Section 27,
Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and
more particularly described as follows: Referring to the Southeast corner of
the Southwest Quarter of said Section 27 and assuming the south line of said
Southwest Quarter as bearing S 89°51'52" W and all bearings contained
herein are relative thereto; thence S 89°51'52" W and on said south line a
distance of 997.78 feet to the centerline of vacated 26th Avenue (if extended southerly);
thence N 00°16'55" E on said centerline (if extended southerly) a distance
of 40.0 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on
the north right-of-way line of 39th Street, a street in the City of Kearney,
Buffalo County, Nebraska and the south line of said Lot 1, High Plains Estates
(now vacated) (if extended easterly); thence S 89°51'52" W on the north
right-of-way line of said 39th Street and the south line of said Lot 1 (if
extended easterly) a distance of 643.56 feet to the Southwest corner of said
Lot 1, High Plains Estates (now vacated) and the east right-of-way line of 28th
Avenue, an avenue in the City of Kearney, Buffalo County, Nebraska; thence N
00°12'30" E on the west line of said Lot 1 and the east right-of-way line
of said 28th Avenue a distance of 553.47 feet to the Northwest corner of said
Lot 1 and the Southwest corner of Lot 6, Block 7, in said Lighthouse Point (now
vacated); thence N 00°07'34" E on the west line of said Lot 6, Block 7 a
distance of 150.1 feet to the Northwest corner of said Lot 6, Block 7 and the
south line of 43rd Street, a street in the City of Kearney, Buffalo County,
Nebraska; thence N 89°50'18" E on the north line of Lots 2 thru 6
(inclusive), Block 7 and the south line of said 43rd Street a distance of
549.56 feet to the point of curvature; thence on a 280.0 foot radius curve to
the left and continuing on the south line of said 43rd Street, forming a
central angle of 19°53'09" a distance of 97.18 feet to the centerline of
said vacated 26th Avenue (if extended northerly; thence S 00°16'55" W on
said centerline (if extended northerly) a distance of 720.53 feet to the place
of beginning, containing 10.42 acres, more or less, all in Buffalo County,
Nebraska subject to completing the sidewalk on the east side of 28th Avenue
from the corner of 43rd Street to 39th Street within five years from the date
the final plat is approved by City Council and that the sidewalk on the south
side of 43rd Street be competed within one year of the completion of the
sidewalk along the south side of 43rd Street on the adjacent condominium
property to the east, which is Lot 1 of Block 7, Lighthouse Point and 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 AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE E. TREMBLY PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
ANNEXATION OF HIGH PLAINS ESTATES
SECOND; EAST OF 28TH AVENUE BETWEEN 39TH STREET AND 43RD STREET
Public Hearings 5 and 6 were
discussed together but voted on separately.
Mayor Clouse opened the public
hearing on the Application submitted by Richard Stacy from Miller & Associates
(Applicant) for New Life Assembly (Owner) for the annexation of “HIGH PLAINS
ESTATES SECOND” an addition to the City of Kearney, Buffalo County, Nebraska
for property described as Lot 1, High Plains Estates, a subdivision of Buffalo
County, Nebraska (to be vacated); the west half of vacated 26th Avenue abutting
said Lot 1; and Lots 2, 3, 4, 5, 6 of Block 7, Lighthouse Point, an addition to
the City of Kearney, Buffalo County, Nebraska (to be vacated) and all in the
Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th
P.M., containing 10.42 acres, more or less, Buffalo County, Nebraska (east of
28th Avenue between 39th Street and 43rd Street) and to consider approval of
Resolution No. 2007-151.
There was no one present in
opposition to this hearing.
Moved by Lammers seconded by Lear
to close the hearing and approve the Application submitted by Richard Stacy
from Miller & Associates (Applicant) for New Life Assembly (Owner) for the
annexation of “HIGH PLAINS ESTATES SECOND” an addition to the City of Kearney,
Buffalo County, Nebraska for property described as Lot 1, High Plains Estates,
a subdivision of Buffalo County, Nebraska; the west half of vacated 26th Avenue
abutting said Lot 1; and Lots 2, 3, 4, 5, 6 of Block 7, Lighthouse Point, an
addition to the City of Kearney, Buffalo County, Nebraska and all in the
Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th
P.M., containing 10.42 acres, more or less, Buffalo County, Nebraska (east of
28th Avenue between 39th Street and 43rd Street) and approve Resolution No.
2007-151. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney,
Buschkoetter, Lear. Nay: None. Motion carried.
RESOLUTION
NO. 2007-151
WHEREAS, an
Application has been submitted by Richard Stacy from Miller & Associates
(Applicant) for New Life Assembly (Owner) for the inclusion of “HIGH PLAINS
ESTATES SECOND” an addition within the corporate boundaries of the City of
Kearney said property described as a tract of land being Lot 1, High Plains
Estates, a subdivision in the Southwest Quarter of Section 27, Township 9
North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (now vacated),
the West Half of vacated 26th Avenue abutting said Lot 1 and Lots Two through 6
inclusive, Block 7, Lighthouse Point, an addition to the City of Kearney,
Buffalo County, Nebraska (now vacated) and part of Lot 1, Block 7, Lighthouse
Point, an addition to the City of Kearney, Buffalo County, Nebraska, more
particularly described as follows: Beginning at the Northeast corner of Lot 2,
Block 7 in said addition; thence in a southerly direction on the line common to
Lot 1 and Lot 2 a distance of 156.95 feet to the Southeast corner of said Lot
2; thence in an easterly direction on the south line of said Lot 2 (if extended
easterly) a distance of 33.0 feet; thence in a northerly direction parallel
with the line common to said Lots 1 and 2 a distance of 166.65 feet to a point
that intersects on the south right-of-way line of 43rd Street, a street in the
City of Kearney, Buffalo County, Nebraska; thence in a southwesterly direction
on the aforesaid south right-of-way line of 43rd Street a distance of 34.49
feet to the place of beginning (now vacated) and all in the Southwest Quarter
of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County,
Nebraska and more particularly described as follows: Referring to the Southeast
corner of the Southwest Quarter of said Section 27 and assuming the south line
of said Southwest Quarter as bearing S 89°51'52" W and all bearings
contained herein are relative thereto; thence S 89°51'52" W and on said
south line a distance of 997.78 feet to the centerline of vacated 26th Avenue
(if extended southerly); thence N 00°16'55" E on said centerline (if
extended southerly) a distance of 40.0 feet to the ACTUAL PLACE OF BEGINNING,
said place of beginning being on the north right-of-way line of 39th Street, a
street in the City of Kearney, Buffalo County, Nebraska and the south line of
said Lot 1, High Plains Estates (now vacated) (if extended easterly); thence S
89°51'52" W on the north right-of-way line of said 39th Street and the
south line of said Lot 1 (if extended easterly) a distance of 643.56 feet to
the Southwest corner of said Lot 1, High Plains Estates (now vacated) and the
east right-of-way line of 28th Avenue, an avenue in the City of Kearney,
Buffalo County, Nebraska; thence N 00°12'30" E on the west line of said
Lot 1 and the east right-of-way line of said 28th Avenue a distance of 553.47
feet to the Northwest corner of said Lot 1 and the Southwest corner of Lot 6,
Block 7, in said Lighthouse Point (now vacated); thence N 00°07'34" E on
the west line of said Lot 6, Block 7 a distance of 150.1 feet to the Northwest
corner of said Lot 6, Block 7 and the south line of 43rd Street, a street in
the City of Kearney, Buffalo County, Nebraska; thence N 89°50'18" E on the
north line of Lots 2 thru 6 (inclusive), Block 7 and the south line of said
43rd Street a distance of 549.56 feet to the point of curvature; thence on a 280.0
foot radius curve to the left and continuing on the south line of said 43rd
Street, forming a central angle of 19°53'09" a distance of 97.18 feet to
the centerline of said vacated 26th Avenue (if extended northerly; thence S
00°16'55" W on said centerline (if extended northerly) a distance of
720.53 feet to the place of beginning, containing 10.42 acres, more or less,
all in Buffalo County, Nebraska; and
WHEREAS, the
Kearney City Planning Commission has received and held a public hearing on July
20, 2007 on the inclusion of “HIGH PLAINS ESTATES SECOND” 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
“HIGH PLAINS ESTATES SECOND” 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 August
14, 2007 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 “HIGH PLAINS ESTATES SECOND” 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 “HIGH PLAINS ESTATES SECOND” 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 AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
REZONE 515 2ND AVENUE
Public Hearings 7, 8 and 9 were
discussed together but voted on separately.
Mayor Clouse opened the public
hearing on the Application submitted by Paul Brungardt (Applicant) for Hamilton
Investments, Limited Partnership (Owner) to rezone from “District C-2,
Community Commercial District” to “District C-2/PD, Community Commercial
District/Planned Development Overlay District” property described as Lot 1,
Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson
Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd
Avenue). Planning Commission recommended approval including the requested code
deviations.
The applicant is requesting
approval of Development Plans for an expansion of the Midway Chevrolet site at
515 2nd Avenue. The proposal includes a freestanding 70 foot by 160 foot
building abutting the east side of the existing structure and parking lot
expansion to the south along Central Avenue. The new building will be used for
automotive parts and service. This project requires rezoning, development plan
approval and a Conditional Use Permit.
The site is currently zoned
Community Commercial District. The overall campus exceeds the four acre
threshold that triggers planned zoning. The applicant and owner agree that the
project is best represented in a campus context and therefore the rezoning
request is from Community Commercial District to Community Commercial
District/Planned Development Overlay District to achieve the planned overlay
district.
The Development Plans for the
project depict the proposed improvements including the additional building,
parking lot expansion, and associated landscaping and drainage. Staff has
reviewed the plan package and offers the following comments:
a)
Existing site development exceeds the maximum allowable impervious to open
space coverage ratios. The additional land that will be included in the
current site improvements allows an opportunity to add significant green space
and landscape materials to meet the 20 percent open space requirement. Staff
has allowed the proposed landscaping to be concentrated in the areas to the
east and south of the new building addition so that the new car display area in
front of the store is free of any potential negative affects from the trees.
Trees in this area would cause extra maintenance and care of the new vehicles
due to sap, bird droppings, broken limbs and leaf litter. The overall campus
will be 77.5 percent impervious, slightly less than the 80% maximum.
b)
The Landscape Plan concentrates interior parking lot landscaping east of
the addition and street trees along the Central Avenue frontage. A nice
bufferyard is provided between the parking lot expansion to the south and the
motel to the west. Street trees and irrigated turf grass will be added along
the frontage road to the west between 2nd Avenue and the frontage road. There
shall be no parking of vehicles in the landscape areas along the frontage
road. All landscaped areas are to be irrigated.
c)
A public sidewalk is shown along Central Avenue.
d)
Code requires 35% enhanced construction materials on any street facing
façade. The east façade of the new building faces Central Avenue. The
applicant is proposing EFIS material to meet this code requirement. Although
staff generally requests brick, split face CMU or stone to meet this
requirement, in this case General Motors corporate office is requesting the
EFIS to match their corporate building enhancement program. The applicant is
requesting a deviation from this requirement for permission to substitute EFIS
for brick, block or stone. Planning Commission discussed this issue at length
and, in the end, recommended approval of the EFIS material. Some members of
the Commission felt that brick wainscoting as well as EFIS should be required
on the east façade.
e)
Code requires a five-foot building setback for each 100 feet of lineal
wall. In this case, the building addition is freestanding, even though the
buildings are abutting, and the length of the addition measures 70 feet, which
is less than the 100 foot threshold. The applicant is requesting a deviation
from this requirement on the north and south walls of the building as the
offset would extend too far into the driving lane and hinder access around the
building. The applicant is providing offset on the east façade.
f)
All proposed light fixtures shall be sharp cut off fixtures.
Code requires a Conditional Use
Permit (CUP) for automotive sales and service. In discussions between the DRT
team and the development team, everyone agreed that the proposed site
improvements could be regulated through the planned district process or through
the CUP process. It seems excessive to require both. However, to insure full
compliance with code procedures the CUP request is also on the agenda. Staff
does not know of any development regulations or conditions that should be
promulgated under the CUP. All of the issues have been covered under the
planned district application. Therefore, staff recommends approval of the CUP
as well as the Development Plans for this project as presented.
Paul Brungardt from Brungardt
Engineering presented this matter to the Council. This is an expansion project
for Midway Chevrolet. Their present location is on the frontage road of 2nd
Avenue and on the west side of Central Avenue just south of 6th Street. North
of their site is Perkins Restaurant with a motel on the south side. Their
current facility consists of three separate lots. The west lot consists of a 13,400
square foot building which houses their auto service area, showroom, parts and
offices. Their back parking lot is to the east where used cars and service
cars are stored. They recently purchased some property to the south for their
future expansion. Because of their usage, they are required to get a
Conditional Use Permit. The reason for the rezoning to a planned district is to
incorporate the entire campus into one. At the present time, their new cars
are stored on the west parking lot in front of their building.
Mr. Brungardt stated that in discussing
this with City staff, they do not want to put any type of raised medians, trees
or improvements on this site because of the nature of their business. Trees
attract birds and must be irrigated which is not conducive to new vehicles. He
proposed a compromise to the City by moving the tree line they were going to
put along the 2nd Avenue frontage road out between the frontage road and 2nd
Avenue. This will improve the entry corridor for the City of Kearney. Other
additions will be raised medians along the east parking lot and provide future
parking lot expansion on the west side. By incorporating this into one open
lot, it would be under that 80 percent impervious coverage. The proposed
expansion is going to be a 70x160 foot building which will be built next to the
existing building. This new expansion will house the service area and their
parts department. There is one existing entrance off of Central Avenue and
there is also a dirt one that will be turned into a paved entry. They will
improve the landscaping along Central Avenue and provide the public sidewalk
down Central Avenue. The landscaping feature will be continued in the
right-of-way to the south edge of their property line. The south property line
will have a 20-foot green space buffer which will be landscaped because there
is a residential use south of them.
GMAC will provide Midway with a
low interest loan and have requested that some improvements be made to the
front façade of their building. The new material across the front entryway
will be EIFS material (stucco like with a concrete textured look) to continue around
the north and south sides of the building. They have asked for a deviation of
the 5-foot expansion on the north and south because of the size of the building
in relation to the width of the property. Without the deviation, it would cut
off the circulation around the building. They will basically improve the east side
of the building according to City code since it will become an east side
frontage road facing Central Avenue.
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 Paul Brungardt
(Applicant) for Hamilton Investments, Limited Partnership (Owner) to rezone
from “District C-2, Community Commercial District” to “District C-2/PD,
Community Commercial District/Planned Development Overlay District” property
described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot
1 of Carlson Addition, all located in the City of Kearney, Buffalo County, Nebraska
(515 2nd Avenue). Roll call resulted as follows: Aye: Clouse, Kearney,
Buschkoetter, Lear, Lammers. Nay: None. Motion carried.
DEVELOPMENT PLANS FOR MIDWAY
CHEVROLET; 515 2ND AVENUE
Public Hearings 7, 8 and 9 were
discussed together but voted on separately.
Mayor Clouse opened the public
hearing on the Application submitted by Paul Brungardt (Applicant) for Hamilton
Investments, Limited Partnership (Owner) for Planned District Development Plan
Approval for the construction of an automotive sales/service facility on
property to be zoned “District C-2/PD, Community Commercial District/Planned
Development Overlay District” and described as Lot 1, Motel 6 Subdivision, Lots
14 and 15, Last Addition, and Lot 1 of Carlson Addition, all located in the
City of Kearney, Buffalo County, Nebraska (515 2nd Avenue) and to consider
approval of Resolution No. 2007-152. Planning Commission recommended that the rezoning,
development plans, and Conditional Use Permit be approved, including the
requested code deviations.
There was no one present in
opposition to this hearing.
Moved by Buschkoetter seconded by
Clouse to close the hearing and approve the Application submitted by Paul
Brungardt (Applicant) for Hamilton Investments, Limited Partnership (Owner) for
Planned District Development Plan Approval for the construction of an
automotive sales/service facility on property to be zoned “District C-2/PD,
Community Commercial District/Planned Development Overlay District” and
described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot
1 of Carlson Addition, all located in the City of Kearney, Buffalo County,
Nebraska (515 2nd Avenue) and approve Resolution No. 2007-152 subject to compliance
with the following conditions: (1) The proposed landscaping is allowed to be
concentrated in the areas to the east and south of the new building addition so
that the new car display area in front of the store is free of any potential
negative affects from the trees. The overall campus will be 77.5 percent
impervious, slightly less than the 80% maximum. (2) The Landscape Plan
concentrates interior parking lot landscaping east of the addition and street
trees along the Central Avenue frontage. There shall be no parking of vehicles
in the landscape areas. All landscaped areas are to be irrigated. (3) A public
sidewalk is shown along Central Avenue. (4) Applicant is allowed the deviation
for the substitution of EFIS material. (5) Applicant is allowed the deviation
on the Code requirement of a 5-foot building setback for each 100 feet of
lineal wall on the north and south walls of the building as the offset would
extend too far into the driving lane and hinder access around the building.
Applicant is providing offset on the east façade. (6) All proposed light
fixtures shall be sharp cut off fixtures. Roll call resulted as follows: Aye: Clouse,
Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.
RESOLUTION
NO. 2007-152
WHEREAS, Paul Brungardt (Applicant) for Hamilton
Investments, Limited Partnership (Owner) have applied for Planned District
Development Plan Approval for the construction of an automotive sales/service
facility on property zoned “District C-2/PD, Community Commercial
District/Planned Development Overlay District” and described as Lot 1, Motel 6
Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson Addition, all
located in the City of Kearney, Buffalo County, Nebraska (515 2nd Avenue).
NOW, THEREFORE, BE IT RESOLVED by the President
and City Council of the City of Kearney, Nebraska, that the application of Paul
Brungardt (Applicant) for Hamilton Investments, Limited Partnership (Owner) for
Planned District Development Plan Approval for the construction of an
automotive sales/service facility on property zoned “District C-2/PD, Community
Commercial District/Planned Development Overlay District” and described as Lot
1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson
Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd
Avenue) be approved subject to compliance with the following conditions:
1. The proposed landscaping is allowed
to be concentrated in the areas to the east and south of the new building
addition so that the new car display area in front of the store is free of any
potential negative affects from the trees. The overall campus will be 77.5
percent impervious, slightly less than the 80% maximum.
2. The Landscape Plan concentrates
interior parking lot landscaping east of the addition and street trees along
the Central Avenue frontage. There shall be no parking of vehicles in the
landscape areas. All landscaped areas are to be irrigated.
3. A public sidewalk is shown along
Central Avenue.
4. Applicant is allowed the deviation
for the substitution of EFIS material.
5. Applicant is allowed the deviation on
the Code requirement of a 5-foot building setback for each 100 feet of lineal
wall on the north and south walls of the building as the offset would extend
too far into the driving lane and hinder access around the building. Applicant
is providing offset on the east façade.
6. All proposed light fixtures shall be
sharp cut off fixtures.
PASSED AND APPROVED
THE 14TH DAY OF AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE E. TREMBLY PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
CONDITIONAL USE PERMIT FOR MIDWAY
CHEVROLET; 515 2ND AVENUE
Public Hearings 7, 8 and 9 were
discussed together but voted on separately.
Mayor Clouse opened the public
hearing on the Application submitted by Paul Brungardt (Applicant) for Hamilton
Investments, Limited Partnership (Owner) for a Conditional Use Permit to
operate an automotive sales/service facility on property to be zoned “District
C-2/PD, Community Commercial District/Planned Development Overlay District” and
described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot
1 of Carlson Addition, all located in the City of Kearney, Buffalo County,
Nebraska (515 2nd Avenue).
Mayor Clouse asked the City Clerk
if the City had received the executed Acknowledgment for the Conditional Use
Permit. City Clerk responded that it has not been received and approval should
be contingent upon the City receiving it.
There was no one present in
opposition to this hearing.
Moved by Clouse seconded by Kearney
to close the hearing and approve the Application submitted by Paul Brungardt
(Applicant) for Hamilton Investments, Limited Partnership (Owner) for a
Conditional Use Permit to operate an automotive sales/service facility on
property to be zoned “District C-2/PD, Community Commercial District/Planned Development
Overlay District” and described as Lot 1, Motel 6 Subdivision, Lots 14 and 15,
Last Addition, and Lot 1 of Carlson Addition, all located in the City of
Kearney, Buffalo County, Nebraska (515 2nd Avenue) subject to (1) compliance
with the conditions set forth in Resolution No. 2007-152 and (2) the City
receiving the executed Acknowledgment for the Conditional Use Permit. Roll call
resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay:
None. Motion carried.
JUSTICE ASSISTANCE GRANT FOR
POLICE DEPARTMENT
Mayor Clouse opened the public
hearing on the application submitted by the City of Kearney/Buffalo County to
the U.S. Department of Justice for a Justice Assistance Grant for the purchase
of equipment to be used by the Kearney Police Department and the Buffalo County
Sheriff’s Department and to consider approval of Resolution No. 2007-153.
Police Chief Dan Lynch presented
this matter to the Council. The City of Kearney and Buffalo County received a
direct award from the Bureau of Justice Assistance. The funds from this grant
award will be used in the purchasing of hardware, software and training to
establish a workstation in the Law Enforcement Center Criminalistic Laboratory
to receive ten-print digital coded fingerprints from the Booking Station at the
Buffalo County Detention Center. The benefit would allow the Technical
Services Officer to compare fingerprints developed at a crime scene to be
compared to a data-base of known prints from subjects arrested in Buffalo
County. Currently, the turn around time in submitting latent prints for
comparison is in months.
There was no one present in
opposition to this hearing.
Moved by Kearney seconded by Lammers
to close the hearing and approve the application submitted by the City of
Kearney/Buffalo County to the U.S. Department of Justice for a Justice
Assistance Grant for the purchase of equipment to be used by the Kearney Police
Department and the Buffalo County Sheriff’s Department and approve Resolution
No. 2007-153. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney,
Buschkoetter, Lear. Nay: None. Motion carried.
RESOLUTION NO.
2007-153
WHEREAS, the City of
Kearney, Nebraska is an eligible unit of a general local government authorized
to file an application under the Justice Assistance Grant Program; and
WHEREAS, the City of
Kearney, Nebraska has obtained its citizens’ comments on law enforcement needs;
and has conducted a public hearing upon the proposed application and received
favorable public comment respecting the application which for an amount of
$15,827.00 for the purchase of equipment.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, that
the President of the Council be authorized and directed to proceed with the
formulation of any and all contracts, documents or other memoranda between the
City of Kearney, Nebraska and the Bureau of Justice Assistance, Office of
Justice Programs, U.S. Department of Justice so as to effect acceptance of the
grant application.
PASSED AND APPROVED
THIS 14TH DAY OF AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
IV. CONSENT AGENDA
Mayor Clouse stated that
Subsection 16 would have to be voted on separately for the reason he would have
to abstain from voting.
Moved by Lear seconded by Buschkoetter
that Subsections 1 through 15 of Consent Agenda Item IV be approved. Roll call
resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay:
None. Motion carried.
1. Approve Minutes of
Special Meeting held July 12, 2007 and Minutes of Regular Meeting held July 24,
2007.
2. Approve the following Claims:
3M $92.88 smcs; ABC Drug $10.00 smcs; Ace Hardware $71.68 smcs; Ace Irrigation
$277.10 smcs; Adobe Systems $199.00 smcs; Advance Auto Parts $20.93 smcs; Aflac
$2,629.14 ps; Agri Coop $26,201.11 smcs; Alamar Uniforms $4,705.30 smcs; Alltel
$2,142.69 smcs; Alvarion $94.00 co; Amazon $11.49 smcs; Amer Electric $215.12
smcs; Amer Library Assn $210.00 smcs; Amsan $240.06 smcs; Anderson Brothers
$267.41 smcs; Anderson Wrecking $73.83 smcs; Apex Office Supply $299.99 smcs;
Appliance Service Center $37.35 smcs; Ashworth $466.56 smcs; Associated Bag Co
$485.00 smcs; Aurora Coop $112.00 smcs; Auto Glass Center $461.06 smcs; Avis
Rent-A-Car $354.37 smcs; Baer,E $214.50 smcs; Baker & Taylor Books
$3,747.31 smcs; Barco Municipal $828.00 smcs; Barney Abstract $210.00 smcs;
Bauer Underground $2,262.00 smcs; BBC Audiobooks $266.88 smcs; Beckenhauer,T
$24.43 smcs; Bennett,D $67.00 smcs; Bert Gurney & Associates $9,095.61
smcs; Blessing $114,903.44 co; Blevins,D $211.20 smcs; Bluecross Blueshield
$36,379.36 smcs; Bobs Super Store $24.84 smcs; Boogaarts $27.32 smcs; Borer,K
$31.25 smcs; Bosselman $13,341.29 smcs; Broadfoot's Sand $32.50 smcs; Brodart
$60.35 smcs; Brodine,S $259.71 smcs; Brown Traffic Products $911.70 smcs;
Brown,A $150.90 smcs; Bruce Furniture $2,025.42 smcs,co; Buffalo Co Court
$229.06 ps; Buffalo Co Treasurer $18.00 co; Builders Warehouse $2,476.85
smcs,co; Byrne,D $23.40 smcs; Capital Bank & Trust $192.30 ps; Cash-Wa
Distributing $6,033.67 smcs; CDBaby $50.00 smcs; CED Enterprise $248.70 smcs;
Centaur $358.55 smcs; Central District Health Dept $2,954.00 smcs; Central
Hydraulic Systems $4,890.52 smcs; Central States Wire $239.50 smcs; Chad $10.00
ps; Charlesworth & Associates $1,800.00 smcs; Charter $109.98 smcs;
Chemguard $1,324.19 smcs; Chesterman $1,932.00 smcs; Chief Construction $217.60
smcs; City of Ky $282,038.39 smcs,ps; College Savings Plan of NE $75.00 ps;
Computer Warehouse #4 $41.28 smcs; Concrete Workers $99,943.63 co; Conseco Life
Ins $24.00 ps; Construction Rental $132.29 smcs; Control Masters $99.00 smcs;
Copycat Printing $716.43 smcs; Cordova,T $23.40 smcs; Corrigan,R $10,361.25
smcs; Cowpoke $10.00 smcs; Crossroads Ford $427.47 smcs; Culligan $911.73
smcs,co; Cummins $435.45 smcs; D.A.R.E. America $242.10 smcs; Dandee
Construction $19,000.00 co; Daugherty,R $35.00 smcs; Dawson Co PPD $1,192.24
smcs; Dell $8,797.83 smcs,co; Demco $127.87 smcs; Deterdings $1,706.04 smcs;
Displays 2 Go $289.94 smcs; Dmilaco Sports Fashions $90.00 smcs; Dollar General
$11.24 smcs; Double M Farms $2,000.00 smcs; Downing,J $214.50 smcs; DPC
Industries $4,442.20 smcs; Drake Kryterion $75.00 smcs; Dubs $18.70 smcs; Dutton-Lainson
$46.74 smcs; Eakes $3,349.20 smcs,co; Earl May $458.00 smcs; Ecolab $30.00
smcs; Eickhoff,B $82.00 ps; Eileens Cookies $14.75 smcs; Einspahr,K $150.00
smcs; Eirich,T $50.00 smcs; Electrotechnic $227.81 smcs; Elliott Sanitation
$184,820.00 co; Engels,D $19.63 smcs; Eustis Body Shop $209.00 smcs; Express
Distributing $117.00 smcs; Expression Wear $48.00 smcs; Fairbanks $1,081.51
smcs; Farmers Union $10.00 smcs; Fast Mart $125.00 smcs; Fastenal $2,012.67
smcs,ps; Faz,A $23.40 smcs; Fieldmaster Infield $153.52 smcs; Flynn,B $23.40
smcs; Footjoy $7,773.47 smcs; Foster,D $12.22 smcs; Frontier $8,549.92 smcs;
Fulton,K $948.00 smcs; Galls $328.01 smcs; Garrett Tires $5,119.41 smcs;
Genealogical Publishing $55.94 smcs; Gooch Brake $883.52 smcs; Gordons Small
Engine $94.16 smcs; GFOA $265.00 smcs; Graham Tire $49.45 smcs; Grainger
$1,877.08 smcs,co; Grand Central IGA $120.70 smcs; Great Lakes $690.00 smcs;
Great Plains One-Call $404.29 smcs; Great Plains Safety $1,610.00 smcs;
Greyhouse Publishing $227.95 smcs; Guideposts $16.94 smcs; H&H Distributing
$3,327.11 smcs; Hanks,B $248.00 smcs; Harshbarger,K $23.40 smcs; Harvest Moons
Farms $190.00 smcs; Haupt,J $20.01 smcs; Hausmann Construction $156,902.39 co;
HD Supply $1,635.95 smcs; Highsmith $1,313.98 smcs; Hilton Hotels $2,515.95
smcs; Hobby-Lobby $115.21 smcs; Hoehner Turf $42.00 smcs; Hofeling Enterprises
$47,872.00 smcs; Hogans Sporting Goods $61.94 smcs; Holiday $213.11 smcs;
Holiday Inn $321.76 smcs; Holmes Plumbing $846.47 smcs,co; Hometown Leasing $552.54
smcs; Houchen Bindery $439.10 smcs; Hydrologic $175.00 smcs; ICMA RC $2,787.80
ps; IRS $103,812.49 ps; Iowa Downtown Resource $220.00 smcs; Jack Lederman $849.33
smcs; Jamar Technologies $163.24 smcs; James,D $3,951.00 smcs; John Thomas
$1,169.50 smcs; Johnson Hardware $848.00 smcs; Johnson,S $50.00 smcs; JRS
Western $75.00 smcs; K&K Parts $903.73 smcs; Kayton Electric $120,760.24
co; Ky Centre Vac $60.00 smcs; Ky Chamber Comm $6.00 smcs; Ky Clinic $210.00
ps; Ky Concrete $6,101.65 smcs,co; Ky Crete & Block $1,732.02 smcs,co; Ky
Hub $2,048.18 smcs; Ky Implement $1,202.53 smcs; Ky Liquor $4.00 smcs; Ky
United Way $558.00 ps; Ky Warehouse $2,046.43 smcs; Ky Winlectric $102.17 smcs;
Ky Yamaha $140.00 smcs; Kelley Tree Service $3,421.00 smcs; Kelly Supply $10.93
smcs; KGFW $240.00 smcs; KHGI $180.00 smcs; Killion Motors $109.47 smcs;
Kirkham Michael $1,215.00 smcs; Kmart $19.14 smcs; Koetters,J $39.83 smcs;
Konica Minolta $428.65 smcs; Kooyman,R $200.00 ps; Kowalek,G $353.53 smcs; KRVN
$434.42 smcs; Lang,L $120.00 smcs; Laser Art Design $135.00 smcs; Lasertec
$179.98 smcs; Laughlin,K $180.00 ps; Lawson Products $123.29 smcs; LCL Truck
Equipment $410.00 smcs; LARM $1,000.00 smcs; League of NE Municipalities $50.00
smcs; LEVA $750.00 smcs; Linda's Upholstery $75.90 smcs; Linweld $266.26 smcs;
Little Caesers $6.00 smcs; LocatePLUS $824.80 smcs; Lockmobile $90.00 co;
Loebig,J $23.40 smcs; Logan Contractors Supply $3,119.42 co; Loves Country
$63.33 smcs; Magic Cleaning $250.00 smcs; Mail Express $129.17 smcs; Manary,M
$20.16 smcs; Marathon Oil $18.05 smcs; Marlatt Machine Shop $112.87 smcs;
Marriott $159.00 smcs; McCarthy,J $39.27 smcs; McCarty,D $7.25 smcs; Menards
$1,071.74 smcs; Meteorlogix $567.00 er; Metlife $5,458.18 ps; Microfilm Imaging
$5,935.00 co; Mid American Signal $3,154.00 smcs; Midland Telecom $250.00 smcs;
Midlands Contracting $18,868.00 smcs; Midway Chevrolet $128.80 smcs; Midway
Chrysler $22.31 smcs; Midwest Gang Investigators $120.00 smcs; Miller &
Associates $2,644.00 co; Misko Sports $115.50 smcs; Moonlight Embroidery $1,315.00
smcs; Mosbarger,B $200.00 ps; Motion Industries $1,898.73 smcs; Mr Automotive
$2,404.49 smcs; MSC Kearney $129.99 smcs; Municipal Emergency $1,135.83 smcs;
Municipal Pipe Tool $175.04 smcs; Murphy Tractor $8.99 smcs; NAFI $45.00 smcs;
Napa All Makes Auto $1,452.45 smcs; Nathan's Curb Grinding $165.00 co; NCCI
Corporate $75.00 smcs; NE Child Support $2,298.50 ps; NE Concrete &
Aggregates $180.00 smcs; NE Dept of Revenue $101,154.68 smcs,ps; NE Dept of
Roads $10,443.62 smcs; NE Machinery $398.71 smcs; NE Truck Center $103.77 smcs;
NE Volunteer Firefighters $2,783.05 ps; Neal-Schuman Publishers $74.25 smcs;
NEland Distributors $2,461.00 smcs; Neopost $8,000.00 smcs; Neweggcom $147.50
smcs; Nixon Construction $2,044.00 co; Northwestern Energy $10,050.44 smcs;
Nova Fitness Equipment $1,400.61 ps; Novus $35.00 smcs; NYSCA $85.00 smcs;
Officemax $536.76 smcs,co; Officenet $869.49 smcs; O'Keefe Elevator $146.15
smcs; O'Reilly Auto $737.74 smcs; Oriental Trading $458.05 smcs; Orscheln $1,124.34
smcs; Otto Environmental $21,097.00 smcs; Overhead Door $1,164.29 smcs;
Paramount Linen $489.60 smcs; Patterson,B $104.43 smcs; Paulsen $20,051.31 co;
Payflex Systems $467.50 ps; Paypal-Baird Holm $95.00 smcs; Paypal-Direct Target
$24.99 smcs; Pep Co $102.20 smcs; PGA Member Info Services $471.00 smcs;
Pioneer Revere $704.00 smcs; Platte Valley Comm. $15,002.41 smcs,co; Platte
Valley Medical $322.93 smcs; Portable Computer System $4,115.00 co; Potter,B
$140.80 smcs; Precision Industries $601.16 smcs; Precision Training $234.70
smcs; Presto-X $189.00 smcs; Protex Central $82.00 smcs; Public Agency Training
$2,000.00 smcs; Qualification Targets $392.42 smcs; Quill $461.74 smcs; Radio
Shack $2.97 smcs; Random House $502.20 smcs; Ready Mixed Concrete $5,547.00 co;
Reams Sprinkler $1,290.32 smcs,co; Recognition Unlimited $48.51 smcs; Recorded
Books $77.57 smcs; Recreonics $12.06 smcs; Redman's Shoes $50.00 smcs; Redy
Battery $183.10 co; Reed,C $140.80 smcs; Refind $25.00 smcs; Respond First Aid
$257.15 smcs; Rheome Tree $650.00 co; Rhino Linings $625.00 smcs,co; Rivershore
Reading Store $21.00 smcs; Riverside Mfg $961.03 ps; RT Corp $274.00 smcs;
Runza $34.38 smcs; Sahling Kenworth $945.82 smcs; Salter,J $68.42 smcs; Sapp
Brothers $37.17 smcs; Sara Lee Bakery $63.92 smcs; Sargent Drilling $315,154.86
co; Schwan's $1,734.69 smcs; Scranton Manufacturing $444.07 smcs; Sears $64.18
smcs; See Clear Cleaning $3,200.00 smcs; Sesna,D $58.50 smcs; Sherwin Williams
$1,309.39 smcs,co; Signwarehousecom $113.37 smcs; Sirchie $212.60 smcs; Smiling
Sun Café $111.50 smcs; Snap-On Tools $3,950.00 smcs,co; Solid Rock $10.00 smcs;
Solid Waste Agency $53,609.90 smcs; Solid Waste Equipment $2,761.26 smcs;
South,A $40.00 smcs; Sporting Edge $1,694.00 smcs; Sprinkler Warehouse $456.50
smcs; St NE/Dept Aeronautics $995.00 ds; St of NE/Credentialing $51.00 smcs; St
of NE/HHS Laboratory $594.00 smcs; St of NE/DAS $19.25 smcs; Stauffer,L $10.00
smcs; Steinbrinks Landscaping $1,594.04 smcs; Subscription Order Services
$27.94 smcs; Sun Life Financial $43,784.67 smcs; Sunmart $327.34 smcs; Superior
Signals $330.75 smcs; Sydow,J $40.00 smcs; TA #193 $38.21 smcs; Tactical
Technologies $91.00 smcs; Target $80.92 smcs; The Inn at St. Marys $743.63
smcs; Thompson,L $90.00 smcs; Thomson Gale $455.72 smcs; Titelist $8,619.56
smcs; Tom Dinsdale Chevrolet $33.09 smcs; Tractor-Supply $562.65 smcs;
Travelocitycom $59.95 smcs; Tri City Outdoor Power $462.63 smcs; Tye &
Rademacher $9,830.23 smcs; US Postmaster $540.00 smcs; UAP Distribution $13.24
smcs; Underwriters Laboratories $3,530.00 smcs; UPRR $1,795.00 smcs,ds;
UNK-Human Resources $16.19 ps; UPS $27.81 smcs; US Builder Supply $167.11 smcs;
USPS $163.92 smcs; Valamount $21,089.00 co; Van Matre,C $197.50 smcs; Vecmar
Computer Solutions $205.00 smcs; Video Stores Shopper $45.66 smcs; Village
Uniform $519.07 smcs; WT Cox Subscriptions $26.96 smcs; Waldron,J $3.00 smcs;
Walgreen $25.16 smcs; Walmart $1,526.22 smcs,co; Walsh,C $173.79 smcs; West
Central NE Home $360.00 smcs; West Villa Animal Hospital $26.00 smcs; Whatta
Stop $50.93 smcs; Wicks Sterling Trucks $486.59 smcs; Wiegand Security $75.00
smcs; Wilke Donovans $187.33 smcs,co; Wilkins Hinrichs Stober $2,495.50 co;
Willis Shoe and Boot $113.46 smcs; Wittek Golf Supply $736.37 smcs; World Book $1,595.00
smcs; Xitrade $211.40 co; Yanda's Music $40.90 smcs; Yant Equipment $259.00
smcs; Zimmerman Printers $713.05 smcs; Payroll Ending 7-21-2007 -- $319,763.51
and Payroll Ending 8-4-2007 -- $305,813.13. The foregoing schedule of claims
is published in accordance with Section 19-1102 of the Revised Statutes of
Nebraska, and is published at an expense of $_________ to the City of Kearney.
3. Approve Change Order
No. 1 showing an increase in the amount of $1,710.00, Application and
Certificate for Payment No. 5-Final in the amount of $9,179.35 and the
Certificate of Substantial Completion submitted by Blessing, LLC and approved
by Miller & Associates in connection with the 2006 Part IX Improvements –
Bid B consisting of Paving Improvement District No. 2006-913 for Country Club
Lane from 35th Street north to the north lot line of Lot 1 of Block 1, Aspen
Meadows and approve Resolution No. 2007-154.
RESOLUTION
NO. 2007-154
WHEREAS,
Blessing, LLC of Kearney, Nebraska has performed services in connection with
the 2006 Part IX Improvements – Bid B consisting of Paving Improvement District
No. 2006-913 for Country Club Lane from 35th Street north to the north lot line
of Lot 1 of Block 1, Aspen Meadows, and the City's engineer, Miller &
Associates, have filed with the City Clerk Change Order No. 1 showing an
increase in the amount of $1,710.00 as shown on Exhibit “A” attached hereto and
made a part hereof by reference; and
WHEREAS, the
Engineer and Contractor have filed with the City Clerk Application and Certificate
for Payment No. 5-Final in the amount of $9,179.35 as shown on Exhibit “B”
attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$207,128.00
|
|
Change Order 1
(8-14-2007)
|
+ 1,710.00
|
|
Contract Sum To Date
|
208,838.00
|
|
Gross Amount Due
|
208,838.00
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
208,838.00
|
|
Less Previous Certificates for
Payment
|
199,658.65
|
|
Current Payment Due
|
$9,179.35
|
WHEREAS, the Engineer
and Contractor have now certified to the City Clerk that work is completed as
of June 6, 2007, as shown by Exhibit “C” attached hereto and made a part hereof
by reference.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, and
hereby find and determine that Change Order No. 1, as shown on Exhibit “A”,
Application and Certificate for Payment No. 5-Final, as shown on Exhibit “B”,
and the Certificate of Substantial Completion as shown on Exhibit “C” be and
are hereby accepted and approved.
PASSED AND APPROVED
THIS 14TH DAY OF AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE E. TREMBLY PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
4. Approve the Technical
and Professional Services Contract with Miller & Associates for management
and supervision of CDBG Project #07-CR-004 and approve Resolution No. 2007-155.
RESOLUTION NO.
2007-155
WHEREAS, the City of
Kearney was awarded Community Development Block Grant Funds from the Nebraska
Department of Economic Development for the Community Revitalization program
which will provide a combination of improvements to sidewalks, streets, and
accessible sidewalk ramps at intersections in a targeted area in southeast
Kearney.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, that
the President be and is hereby authorized and directed to execute, on behalf of
the City of Kearney, the Technical and Professional Services Contract between
the City of Kearney and Miller & Associates for Community Development Block
Grant No. 07-CR-004 for project administration services in the amount of
$12,000 as set forth in the Contract. A copy of the said Contract, marked
Exhibit “A”, is attached hereto and made a part hereof by reference
PASSED AND APPROVED
THIS 14TH DAY OF AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
5. Confirm the City
Manager’s appointment of Rocky Steinbrink to the Development Advisory Board.
6. Approve the Developer
Constructed Infrastructure Agreement between the City of Kearney and F. Lean
Brandt of the F. Lean Brandt Revocable Trust for the construction of a water
main and street paving to serve Lot 3 of Block 4, Meadowlark Estates Addition
to the City of Kearney, Buffalo County, Nebraska and approve Resolution No.
2007-156.
RESOLUTION
NO. 2007-156
BE IT RESOLVED BY THE
PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA that the agreement
entitled “Developer Constructed Infrastructure Agreement” between the City of
Kearney and F. Lean Brandt of the F. Lean Brandt Revocable Trust, for the
construction of a water main and street paving to serve Lot 3 of Block 4,
Meadowlark Estates Addition to the City of Kearney, Buffalo County, Nebraska be
and is hereby accepted and approved. The Agreement, marked as Exhibit 1 is
attached hereto, negotiated with F. Lean Brandt of the F. Lean Brandt Revocable
Trust, to construct a water main and street paving as stated above.
BE IT FURTHER
RESOLVED that the President of the Council be and is hereby authorized and
directed to execute the same agreement on behalf of the City of Kearney.
PASSED AND APPROVED
THIS 14TH DAY OF AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE E. TREMBLY PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
7. Accept the public
improvements constructed under and in accordance with the terms of the
Developer Constructed Infrastructure Agreements for Lot 3 of Block 1, Skiview
Addition except the south 245 feet (Parklane Professional Building); Lot 2,
Casey’s Addition (Winfield Square); Stoneridge Sixth Addition; and Lots 8, 9,
10 of Block 2 and Lots 12, 13, 14, 15 16 of Block 3, Kearney Plaza Third
Addition (Kearney Plaza Homes along LaVista Drive) and approve Resolution No.
2007-157.
RESOLUTION
NO. 2007-157
WHEREAS, on the 9th
day of May, 2006, the President and Council of the City of Kearney, Nebraska
passed and approved Resolution No. 2006-71 authorizing the President of the
Council to execute the Developer Constructed Infrastructure Agreement between
the City of Kearney and W & S Investments LLC for the construction of a
sanitary sewer main to serve Lot 3 except the south 245 feet of Block 1,
Skiview Addition to the City of Kearney, Buffalo County, Nebraska; and
WHEREAS, on the 28th
day of February, 2006 the President and Council of the City of Kearney,
Nebraska passed and approved Resolution No. 2006-35 authorizing the President
of the Council to execute the Developer Constructed Infrastructure Agreement
between the City of Kearney and Winfield Concrete Leveling & Construction
Inc. for the construction of a sanitary sewer main to serve Lot 2, Casey’s
Addition to the City of Kearney, Buffalo County, Nebraska; and
WHEREAS, on the 8th
day of November, 2005 the President and Council of the City of Kearney,
Nebraska passed and approved Resolution No. 2005-194 authorizing the President
of the Council to execute the Developer Constructed Infrastructure Agreement
between the City of Kearney and NP Land Development, Inc. and Nebraska National
Bank for the construction of a paving, water and sanitary sewer improvements to
serve Stoneridge Sixth Addition to the City of Kearney, Buffalo County,
Nebraska; and
WHEREAS, on the 25th
day of October, 2005 the President and Council of the City of Kearney, Nebraska
passed and approved Resolution No. 2005-184 authorizing the President of the
Council to execute the Developer Constructed Infrastructure Agreement between
the City of Kearney and Kearney Plaza Homes LP for the construction of a
paving, water and sanitary sewer improvements to serve Lots 8, 9 and 10 of Block
2, and Lots 12, 13 14, 15 and 16 of Block 3, all in Kearney Plaza Third
Addition to the City of Kearney, Buffalo County, Nebraska; and
WHEREAS, the
Developers have constructed the public improvements in accordance with the
requirements and standards set forth in Article 13 “Developer Constructed
Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney;
and
WHEREAS, in
accordance with Section 9-1318 “Acceptance of Article 13 “Developer Constructed
Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney
the Developer has, by and through its attorney, certified to the City that
there are no liens or other encumbrances against the construction work; and
WHEREAS, the City’s
Engineers have determined that the work is in compliance with the design and is
complete.
NOW THEREFORE, BE IT
RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that
the public improvements constructed under and in accordance with Article 13
“Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code
of the City of Kearney for Lot 3 of Block 1, Skiview Addition except the south
245 feet (Parklane Professional Building); Lot 2, Casey’s Addition (Winfield
Square); Stoneridge Sixth Addition; and Lots 8, 9, 10 of Block 2 and Lots 12,
13, 14, 15 16 of Block 3, Kearney Plaza Third Addition (Kearney Plaza Homes
along LaVista Drive) and that the said public improvements be and are hereby
accepted.
PASSED AND APPROVED
THIS 14TH DAY OF AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE E. TREMBLY PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
8. Approve the
application for a Special Designated License submitted by JUAN LAZO, dba
"El Tropico" in connection with their Class "BM37623"
Liquor License to dispense beer and distilled spirits in the Exhibit Building
located at the Buffalo County Fairgrounds, 3807 Avenue N, on September 2, 2007
from 6:00 p.m. until 12:00 a.m. for a Mexican dance.
9. Approve the
application for a Special Designated License submitted by JCB ENTERPRISES,
INC., dba "Bill's Liquor" in connection with their Class CK-39105
catering liquor license to dispense beer, wine and distilled spirits in the
Extension Building located at the Buffalo County Fairgrounds, 1400 East 34th
Street, on September 8, 2007 from 3:00 p.m. until 1:00 a.m. for a wedding
reception and dance.
10. Approve Change Order
No. 1 showing an increase in the amount of $3,903.13 submitted by Concrete
Workers and approved by Miller & Associates in connection with the 2006
Part IV Improvements – Phase II for the construction of sidewalks where it
currently does not exist as follows: 11th Street from 1st Avenue to Avenue A,
13th Street from Central Avenue to Avenue I, 14th Street from 2nd Avenue to
Avenue D, 15th Street from Avenue B to Avenue I, Avenue D from 13th Street to
16th Street, Avenue F from 13th Street to 14th Street, Avenue G from 13th
Street to 14th Street and approve Resolution No. 2007-158.
RESOLUTION
NO. 2007-158
WHEREAS,
Concrete Workers, Inc. of Kearney, Nebraska has performed services in
connection with the 2006 Part IV Improvements (Phase II) for the construction
of sidewalks where it currently does not exist as follows: 11th Street from 1st
Avenue to Avenue A, 13th Street from Central Avenue to Avenue I, 14th Street
from 2nd Avenue to Avenue D, 15th Street from Avenue B to Avenue I, Avenue D
from 13th Street to 16th Street, Avenue F from 13th Street to 14th Street,
Avenue G from 13th Street to 14th Street, and the City's engineer, Miller &
Associates, have filed with the City Clerk Change Order No. 1 in the amount of
$3,903.13 as shown on Exhibit “A” attached hereto and made a part hereof by
reference and as follows:
|
Original Contract Sum
|
$156,640.50
|
|
Change Order No. 1
(8-14-2007)
|
+ 3,903.13
|
|
Contract Sum To Date
|
160,543.63
|
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, and
hereby find and determine that Change Order No. 1, as shown on Exhibit “A”, be
and is hereby accepted and approved.
PASSED AND APPROVED
THIS 14TH DAY OF AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE E. TREMBLY PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
11. Approve submitting a
Storm Water Management Plan Program Grant Application to the Nebraska
Department of Environmental Quality regarding the implementation of storm water
management and approve Resolution No. 2007-159.
RESOLUTION NO.
2007-159
WHEREAS, the City of
Kearney has submitted a Storm Water Management Plan which identifies the City
of Kearney’s plan for compliance with National Pollutant Discharge Elimination
System – Phase II regulations; and
WHEREAS, the Nebraska
Department of Environmental Quality has funds available through a grant
application process to help the communities implement the new programs.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, that
the President be and is hereby authorized and directed to execute the Grant
Application and all other necessary documents on behalf of the City of Kearney,
Nebraska. A copy of the Grant Application is attached hereto and made a part
hereof by reference.
BE IT FURTHER
RESOLVED that the City Manager is hereby authorized and directed to submit the
Grant Application to the Nebraska Department of Environmental Quality.
PASSED AND APPROVED
THIS 14TH DAY OF AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE E. TREMBLY PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
12. Approve the Agreement
between the City of Kearney and Sorensen Group, Inc. to lease all of Lot 13 and
part of Lot 14 of Block 2, Kearney Land and Investment Company's Choice
Addition (lying south of the Union Pacific Railroad and east of 8th Avenue) and
approve Resolution No. 2007-160.
RESOLUTION NO.
2007-160
BE IT RESOLVED
by the President and Council of the City of Kearney, Nebraska, that the
President be and is hereby authorized and directed to execute the Agreement to
lease all of Lot 13 and part of Lot 14 of Block 2, Kearney Land and Investment
Company’s Choice Addition (lying south of the Union Pacific Railroad and east
of 8th Avenue), on behalf of the City of Kearney, with Sorensen Group, Inc. of
Kearney, Nebraska, the Agreement, marked Exhibit “1”, is attached hereto and
made a part hereof by reference.
PASSED AND APPROVED THIS
14TH DAY OF AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
13. Approve the Agreement
between the City of Kearney and Buffalo County for asphalt overlay of the
onsite landfill haul road located at the Kearney Area Solid Waste Landfill and
approve Resolution No. 2007-161.
RESOLUTION NO.
2007-161
BE IT RESOLVED by the
President and Council of the City of Kearney, Nebraska, that the President be
and is hereby authorized and directed to execute the Agreement between the City
of Kearney and County of Buffalo for asphalt overlay of the onsite landfill
haul road located at the Kearney Area Solid Waste Landfill, a copy of the
Agreement, marked Exhibit “A”, is attached hereto and made a part hereof by
reference.
PASSED AND APPROVED
THIS 14TH DAY OF AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
14. Approve the
recommendation submitted by the Downtown Improvement Board to block off Central
Avenue from Railroad Street to 21st Street on August 30, 2007 from 8:00 a.m.
until 1:00 a.m. to conduct “Destination Downtown” and that the street be
cleared of parked vehicles.
15. Approve the
recommendation submitted by the Downtown Improvement Board to block off 24th
Street from Central Avenue to Avenue A, the parking lot located north of the
Museum of Nebraska Art, and to use the sidewalks on Central Avenue from
Railroad Street to 25th Street on September 22, 2007 from 8:00 a.m. until 2:00
a.m. to conduct “Downtown Arts Festival” and that the street and parking lot be
cleared of parked vehicles.
Moved by Lammers seconded by Lear
that Subsection 16 of Consent Agenda Item IV be approved. Roll call resulted as
follows: Aye: Buschkoetter, Kearney, Lear, Lammers. Nay: None. Clouse
abstaining. Motion carried.
16. Accept the Corporation
Quitclaim Deed granted to the City of Kearney by Nebraska Public Power District
in connection with the 2007 Part II Improvements – 39th Street from 2nd Avenue
to Pony Express Road consisting of Paving Improvement District No. 2006-908 for
39th Street from Pony Express Road west to the east lot line of Lot 1, Block 1,
Windsor Estates Fifth Addition and approve Resolution No. 2007-162.
RESOLUTION NO.
2007-162
WHEREAS, City Council
authorized the City Manager and City Attorney to acquire a tract of property
described as follows: a portion of Lot 21 and a portion of Lot 22, Baker’s
Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska, said
tract of land being the north 7.0 feet of said Lots 21 and 22, containing 609
Sq. Ft. (0.01 Acres) more or less, all located in Buffalo County, Nebraska.
WHEREAS, Nebraska
Public Power District has granted to the City of Kearney a Corporation Quitclaim
Deed for a portion of Lot 21 and a portion of Lot 22, Baker’s Subdivision, a
subdivision to the City of Kearney, Buffalo County, Nebraska, said tract of
land being the north 7.0 feet of said Lots 21 and 22, containing 609 Sq. Ft.
(0.01 Acres) more or less, all located in Buffalo County, Nebraska.
NOW, THEREFORE, BE IT
RESOLVED by the President and Council of the City of Kearney, Nebraska, that
the Corporation Quitclaim Deed be and is hereby accepted.
PASSED AND APPROVED
THIS 14TH DAY OF AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE
E. TREMBLY PRESIDENT OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
V. CONSENT AGENDA
ORDINANCES
ORDINANCE NO. 7364 – AMEND ARTICLE
14 OF CHAPTER 9 OF CITY CODE
In February of 2007, the City
Council approved the Ordinance establishing a Building Advisory Board in an
effort to improve communication and customer service regarding construction
related activities in the City of Kearney. In April, the Code was amended to
allow for the appointment of both a commercial contractor as well as a
residential contractor instead of a general contractor.
The Board has met over the last
few months and it has been suggested that having the knowledge and expertise of
a landscape designer serve on the Board would be beneficial. Therefore, the
Code is being amended to allow for the appointment of a landscape designer.
Also, the Board believed that the name should be renamed to Development
Advisory Board instead of Building Advisory Board.
Council Member Buschkoetter
introduced Ordinance No. 7364, being Subsection 1 of Agenda Item V to amend Article
14 “Building Advisory Board” to rename the Board to “Development Advisory
Board”; to amend Section 9-1401 “Building Advisory Board; Created” to delete the reference of Building Advisory
Board and replace with Development Advisory Board; to amend Section 9-1402
“Composition” to delete the reference of Building Advisory Board and replace
with Development Advisory Board and to allow for the appointment of a landscape
designer; to amend Section 9-1403 “Appointment” to delete the reference of
Building Advisory Board and replace with Development Advisory Board; to amend
Section 9-1404 “Compensation” to delete the reference of Building Advisory
Board and replace with Development Advisory Board; to amend Section 9-1405
“Chairperson; Officers” to delete the election of a chairperson and to
designate a City staff person as the recording secretary; to amend Section
9-1406 “Terms of Office” to delete the reference of Building Advisory Board and
replace with Development Advisory Board; to amend Section 9-1407
“Participation” to delete the reference of Building Advisory Board and replace
with Development Advisory Board; to amend Section 9-1409 “Meetings; Records” to
delete the reference of Building Advisory Board and replace with Development
Advisory Board; to amend Section 9-1410 “Quorum” to provide that five members
shall constitute a quorum; to amend Section 9-1412 “Powers and Duties” to
delete the reference of Building Advisory Board and replace with Development
Advisory Board all located in Chapter 9 “Public Works” of the Code of the City
of Kearney, Nebraska, and moved that the statutory rules requiring ordinances
to be read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the
number of the ordinance on its first reading and then upon its final passage.
Council Member Clouse seconded the motion to suspend the rules. President of
the Council asked for discussion or if anyone in the audience was interested in
the ordinance. No one responded. Clerk called the roll which resulted as
follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, 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. 7364 by number. Roll call of those in favor of the passage of said ordinance
on the first reading resulted as follows: Aye: Clouse, Lammers, Kearney,
Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.
Moved by Clouse seconded by
Kearney that Ordinance No. 7364 be passed, approved and published as required
by law. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter,
Lear, Lammers. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7364 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. 7365 – REPEAL
ORDINANCE NO. 7362 AND GRANT A CONDITIONAL USE PERMIT TO ANDERSEN WRECKING
On July 10, 2007, Andersen
Wrecking requested and was granted a Conditional Use Permit to expand salvage
services to a recently acquired parcel on the east side of Avenue M directly
across from the current operations. Dan Lindstrom, attorney for Andersen
Wrecking, noted that the legal description in the Conditional Use Permit was
not typed the way the deed was filed and asked that it be corrected.
Mayor Clouse asked the City Clerk
if the City had received the executed Acknowledgment for the Conditional Use
Permit. City Clerk responded that it has not been received and approval should
be contingent upon the City receiving it.
Council Member Buschkoetter
introduced Ordinance No. 7365, being Subsection 2 of Agenda Item V to repeal Ordinance
No. 7362 and to grant a Conditional Use Permit to Andersen Wrecking Company for
a salvage service and long-term vehicle storage and dismantling operation on
property zoned “District M-2, General industrial District” and described as
Lots 1 through 14 of Block 18, Lots 1 through 14 of Block 19, Lots 1 through 14
of Block 20, Lots 1 through 17 of Block 21, Lots 1 through 15 of Block 22, Lots
1 through 13 of Block 23, all in Whiteakers Grove Addition to the City of
Kearney, Buffalo County, Nebraska together with VACATED: (1) 14.0 foot alleys
running north and south through Blocks 18 through 23, (2) 19th Street between
the east right-of-way line of Avenue N and the west right-of-way line of Avenue
Q, (3) east half of Avenue N between the south right-of-way line of 20th Street
and the north line of CB&Q Railroad right-of-way, (4) Avenue O between the
south right-of-way line of 20th Street and north line of CB&Q Railroad
right-of-way, and (5) Avenue P between the south right-of-way line of 20th Street
and the north line of CB&Q Railroad right-of-way (1403 East 20th Street)
subject to the City receiving the executed Acknowledgment for the Conditional
Use Permit, and moved that the statutory rules requiring ordinances to be read
by title on three different days be suspended and said ordinances be considered
for passage on the same day upon reading by number only, and then placed on
final passage and that the City Clerk be permitted to call out the number of
the ordinance on its first reading and then upon its final passage. Council
Member Clouse seconded the motion to suspend the rules. President of the
Council asked for discussion or if anyone in the audience was interested in the
ordinance. No one responded. Clerk called the roll which resulted as follows:
Aye: Clouse, Lammers, Kearney, Buschkoetter, 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. 7365 by
number. Roll call of those in favor of the passage of said ordinance on the
first reading resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter,
Lear. Nay: None. Motion carried. Ordinance was read by number.
Moved by Clouse seconded by Kearney
that Ordinance No. 7365 be passed, approved and published as required by law subject
to the City receiving the executed Acknowledgment for the Conditional Use
Permit. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter,
Lear, Lammers. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7365 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. 7366 – VACATE
PORTION OF GRANDVIEW ESTATES (PERTAINS TO PUBLIC HEARING 3)
Regular Agenda Items 1, 2, 3 and
4 were voted on together since they are action items pertaining the Public
Hearings.
Council member Buschkoetter
stated he would be abstaining since he is employed by the Kearney Public
Schools.
Council Member Kearney introduced
Ordinance No. 7366, being Subsection 1 of Agenda Item VI to vacate Lot 1 of
Block 2, Grandview Estates, an addition to the City of Kearney, Buffalo County,
Nebraska (east of Sunrise Middle School, north of 45th Street and west of
Avenue R), 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 Lammers seconded the motion to suspend the rules. President of the
Council asked for discussion or if anyone in the audience was interested in the
ordinance. No one responded. Clerk called the roll which resulted as follows:
Aye: Clouse, Lear, Lammers, Kearney. Nay: None. Buschkoetter abstaining. Motion
to suspend the rules having been concurred in by three-fourths of the City
Council, said motion was declared passed and adopted. City Clerk read Ordinance
No. 7366 by number. Roll call of those in favor of the passage of said
ordinance on the first reading resulted as follows: Aye: Clouse, Lear, Lammers,
Kearney. Nay: None. Buschkoetter abstaining. Motion carried. Ordinance was read
by number.
Moved by Lammers seconded by Lear
that Ordinance No. 7366 be passed, approved and published as required by law.
Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Lear. Nay: None.
Buschkoetter abstaining. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7366 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. 7367 – VACATE PORTION
OF HIGH PLAINS ESTATES (PERTAINS TO PUBLIC HEARINGS 5 AND 6)
Regular Agenda Items 1, 2, 3 and
4 were voted on together since they are action items pertaining the Public
Hearings.
Council member Buschkoetter
stated he would be abstaining since he is employed by the Kearney Public
Schools.
Council Member Kearney introduced
Ordinance No. 7367, being Subsection 2 of Agenda Item VI to vacate Lot 1, High
Plains Estates, a subdivision of Buffalo County, Nebraska AND a tract of land
being part of Lot 1, all of Lots 2, 3, 4, 5, 6 of Block 7, Lighthouse Point, an
addition to the City of Kearney, Buffalo County, Nebraska, all located in the
Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska (east of 28th Avenue between 39th Street and
43rd Street), and moved that the statutory rules requiring ordinances to be
read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the
number of the ordinance on its first reading and then upon its final passage.
Council Member Lammers seconded the motion to suspend the rules. President of
the Council asked for discussion or if anyone in the audience was interested in
the ordinance. No one responded. Clerk called the roll which resulted as
follows: Aye: Clouse, Lear, Lammers, Kearney. Nay: None. Buschkoetter
abstaining. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and adopted.
City Clerk read Ordinance No. 7367 by number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye: Clouse,
Lear, Lammers, Kearney. Nay: None. Buschkoetter abstaining. Motion carried.
Ordinance was read by number.
Moved by Lammers seconded by Lear
that Ordinance No. 7367 be passed, approved and published as required by law.
Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Lear. Nay: None.
Buschkoetter abstaining. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7367 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. 7368 – REZONE 515
2ND AVENUE (PERTAINS TO PUBLIC HEARING 7)
Regular Agenda Items 1, 2, 3 and
4 were voted on together since they are action items pertaining the Public
Hearings.
Council member Buschkoetter
stated he would be abstaining since he is employed by the Kearney Public
Schools.
Council Member Kearney introduced
Ordinance No. 7368, being Subsection 3 of Agenda Item VI to rezone from
“District C-2, Community Commercial District” to “District C-2/PD, Community
Commercial District/Planned Development Overlay District” property described as
Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot 1 of Carlson
Addition, all located in the City of Kearney, Buffalo County, Nebraska (515 2nd
Avenue), and moved that the statutory rules requiring ordinances to be read by
title on three different days be suspended and said ordinances be considered
for passage on the same day upon reading by number only, and then placed on
final passage and that the City Clerk be permitted to call out the number of
the ordinance on its first reading and then upon its final passage. Council
Member Lammers seconded the motion to suspend the rules. President of the
Council asked for discussion or if anyone in the audience was interested in the
ordinance. No one responded. Clerk called the roll which resulted as follows:
Aye: Clouse, Lear, Lammers, Kearney. Nay: None. Buschkoetter abstaining. Motion
to suspend the rules having been concurred in by three-fourths of the City
Council, said motion was declared passed and adopted. City Clerk read Ordinance
No. 7368 by number. Roll call of those in favor of the passage of said
ordinance on the first reading resulted as follows: Aye: Clouse, Lear, Lammers,
Kearney. Nay: None. Buschkoetter abstaining. Motion carried. Ordinance was read
by number.
Moved by Lammers seconded by Lear
that Ordinance No. 7368 be passed, approved and published as required by law.
Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Lear. Nay: None.
Buschkoetter abstaining. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7368 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. 7369 – CONDITIONAL
USE PERMIT FOR MIDWAY CHEVROLET; 515 2ND AVENUE (PERTAINS TO PUBLIC HEARING 9)
Regular Agenda Items 1, 2, 3 and
4 were voted on together since they are action items pertaining the Public
Hearings.
Council member Buschkoetter
stated he would be abstaining since he is employed by the Kearney Public
Schools.
Council Member Kearney introduced
Ordinance No. 7369, being Subsection 4 of Agenda Item VI to grant a Conditional
Use Permit to Hamilton Investments, Limited Partnership to operate an
automotive sales/service facility on property to be zoned “District C-2/PD,
Community Commercial District/Planned Development Overlay District” and
described as Lot 1, Motel 6 Subdivision, Lots 14 and 15, Last Addition, and Lot
1 of Carlson Addition, all located in the City of Kearney, Buffalo County,
Nebraska (515 2nd Avenue) subject to (1) compliance with the conditions set
forth in Resolution No. 2007-152 and (2) the City receiving the executed
Acknowledgment for the Conditional Use Permit, 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 Lammers seconded the motion to
suspend the rules. President of the Council asked for discussion or if anyone
in the audience was interested in the ordinance. No one responded. Clerk called
the roll which resulted as follows: Aye: Clouse, Lear, Lammers, Kearney. Nay:
None. Buschkoetter abstaining. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared
passed and adopted. City Clerk read Ordinance No. 7369 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Clouse, Lear, Lammers, Kearney. Nay: None. Buschkoetter
abstaining. Motion carried. Ordinance was read by number.
Moved by Lammers seconded by Lear
that Ordinance No. 7369 be passed, approved and published as required by law.
Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Lear. Nay: None.
Buschkoetter abstaining. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7369 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.
JERSEY’S SPORTS BAR MANAGER
APPLICATION
Mayor Clouse opened for
discussion the Application for Corporate Manager of Jeremy Nore submitted by JERSEY’S SPORTS BAR & GRILL, LLC.,
dba “Jersey’s Sports Bar” in connection with their Class I-70888 liquor license
located at 5012 3rd Avenue.
There was no representative
present to discuss this matter with the Council.
Moved by Lear seconded by Buschkoetter
to table the Application for Corporate Manager of Jeremy Nore submitted by
JERSEY’S SPORTS BAR & GRILL, LLC., dba “Jersey’s Sports Bar” in connection
with their Class I-70888 liquor license located at 5012 3rd Avenue. Roll call
resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay:
None. Motion carried.
AWARD BID FOR HARVEY PARK TENNIS
COURTS
Mayor Clouse opened for
discussion the bids received for the construction of the tennis courts located
at Harvey Park and to consider approval of Resolution No. 2007-163 awarding the
bid to Mid-American Courtworks from Wichita, Kansas in the amount of
$174,571.00.
Director of Park & Recreation
Neal Lewis presented this matter to the Council. The Harvey Park Tennis Court
project was re-bid August 31. The City received three bids:
|
Mid-American Courts
|
Renner Sports
|
Trans Texas Tennis
|
|
$174,571.00
|
$175,800
|
$189,510
|
The engineer’s estimate was
$180,000. Cost of the project includes the following: site preparation $19,500;
design/engineering $10,000; Court construction $174,571. Total cost of project
$204,071. Funds have been allocated from the Harmon Land & Water
Conservation Fund Tennis Grant of $110,000, General Fund of $20,000, USTA Grant
of $41,295, and Special Sales Tax of $35,000 for a total of $206,295.00.
Moved by Buschkoetter seconded by
Clouse to approve the bids received for the construction of the tennis courts
located at Harvey Park and approve Resolution No. 2007-163 awarding the bid to
Mid-American Courtworks from Wichita, Kansas in the amount of $174,571.00. Roll
call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear.
Nay: None. Motion carried.
RESOLUTION
NO. 2007-163
WHEREAS, Miller &
Associates and the City of Kearney have reviewed the sealed bids which were
opened on July 31, 2007 at 2:00 p.m. for the construction of the tennis courts
located at Harvey Park; and
WHEREAS, the
Engineer’s Opinion of Probable Construction Cost for the project is
$180,000.00; and
WHEREAS, the
said engineers have recommended the bid offered by Mid-American Courtworks from
Wichita, Kansas 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
Mid-American Courtworks from Wichita, Kansas be and is the lowest responsible
bidder for the construction of the tennis courts located at Harvey Park to be
constructed in accordance with the plans and specifications on file with the
City Clerk and that the bid of Mid-American Courtworks in the sum of
$174,571.00 be and is hereby accepted.
BE IT FURTHER
RESOLVED the Engineer’s Opinion of Probable Construction Cost for the
construction of the tennis courts located at Harvey Park in the amount of
$180,000.00 be and is hereby accepted.
BE IT FURTHER
RESOLVED that the President of the Council of the City of Kearney, Nebraska, be
and is hereby authorized and directed to execute contracts for such
improvements in accordance with the bid, plans, specifications, and general
stipulations pertaining thereto.
PASSED AND APPROVED
THIS 14TH DAY OF AUGUST, 2007.
ATTEST: STANLEY
A. CLOUSE
MICHAELLE E. TREMBLY PRESIDENT
OF THE COUNCIL
CITY CLERK AND
EX-OFFICIO MAYOR
PLANS FOR APOLLO PARK BASKETBALL
COURT LIGHTING PROJECT
Mayor Clouse opened for
discussion the Plans and Specifications for the Apollo Park Basketball Court
Lighting Project and set the bid opening date for September 4, 2007 at 2:00
p.m.
Director of Park & Recreation
Neal Lewis presented this matter to the Council. We have prepared a bid package
to light the basketball courts at Apollo Park. Lights would be on a timer and
directed to have virtually no effect on areas outside the park. These are the
only lighted courts in the City and will be used extensively. We are asking for
approval of the plans and to set the bid opening date for September 4, 2007. Funds
from the special sales tax fund have been included in this year’s budget.
Moved by Clouse seconded by Kearney
to approve the Plans and Specifications for the Apollo Park Basketball Court
Lighting Project and set the bid opening date for September 4, 2007 at 2:00
p.m. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers.
Nay: None. Motion carried.
OPEN ACCOUNT CLAIMS: PLATTE VALLEY
STATE BANK - $41,613.26, NPPD - $78,689.93, SCHOOL DISTRICT #7 - $490.45
Moved by Kearney seconded by Lammers
that Open Account Claims in the amount of $41,613.26 payable to Platte Valley
State Bank, and in the amount of $78,689.93 payable to Nebraska Public Power
District be allowed. Roll call resulted as follows: Aye: Buschkoetter, Lammers,
Kearney. Nay: None. Clouse and Lear abstained. Motion carried.
Moved by Lear seconded by Clouse
that Open Account Claims in the amount of $490.45 payable to School District #7
be allowed. Roll call resulted as follows: Aye: Clouse, Lear, Kearney. Nay:
None. Buschkoetter and Lammers abstained. Motion carried.
VII. REPORTS
UPDATE ON NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES)
Assistant City Engineer Andy
Harter provided a slideshow presentation to the Council concerning National
Pollutant Discharge Elimination System (NPDES). The benefits of storm water
management include: decreased flooding, land preservation through erosion
control, improved wetland and riparian habitat, lower capital investment in
infrastructure, reduced operations and maintenance costs, and creation of
cleaner, healthier environment.
The Storm Water Management Plan
contains the following:
- Seven minimum control measures
- Public Education &
Outreach
- Public
Participation/Involvement
- Construction Site Runoff
Control
- Post-Construction Runoff
Control
- Illicit Discharge Detection
and Elimination
- Pollution Prevention/Good
Housekeeping
- Storm Water Monitoring
- Implementation timelines
- Responsible parties within the
cities
- A long list of best management
practices
- Brochures
- School programs
- Volunteer events (monitoring,
marking program, speakers/educators)
- TV/Radio spots
- Workshops
- Press releases
- Watershed clean ups
The following is what the City
has done to date:
·
June 2003, First letter to contractors on erosion control
requirements
·
September 2005, Letter to contractors on erosion control
requirements
·
October 2005, Development Newsletter, Storm Water Basics, Part I
·
January 2006, Development Newsletter, Storm Water Basics, Part II
·
March 2007, Letter to construction industry on erosion control
permitting
·
April 2007, City hosted BMP training for Engineers, Architects,
Designers, Project Managers
·
May 2007, Development Newsletter, Storm Water Basics, Part III
·
May 2007, Final date set for all construction projects to be in
compliance with City of Kearney Code of Ordinance J109.4
·
May 2007, Letter to contractors on erosion control requirements
effective September 1st, 2007
·
May 2007, Standard silt fence and entrance details sent out
·
May 2007,Presentation to HBA on upcoming erosion control
requirements
·
July 2007, Press release issued on upcoming contractor
information session
·
July 2007, Invitation to development community on upcoming
information session covering erosion control
·
July 2007, Erosion control information meeting held with
development community
·
Aug. 2007, Press release issued on upcoming contractor
information session
·
Aug. 2007, Invitation to development community on upcoming
information session covering erosion control
·
Currently working with NDOR, LTAP, Nebraska Storm water
Cooperative on the development of training programs for Designers, Inspectors,
Installers.
·
Development of Erosion and Sediment Control Ordinance
·
Program development
o
Plan review
o
Inspection program
o
Reporting
o
Erosion and sediment control design manual
2ND AVENUE TRAFFIC LIGHTS
City Engineer Bruce Grupe stated
the City hired a consultant to do a study to try to improve the progression on
2nd Avenue. About six months ago, the timings were adjusted that were
recommended by the study. It is traditional to review and analyze them and
make adjustments. Typically, it is allowed to operate for a little while and
see how traffic adjusts to it. They currently have a consultant under contract
(the same one who did the study) looking at the progression. The City has heard
some positive things from the public about how we have improved the traffic
flow and progression of traffic so it was a successful study in that way.
Unfortunately, by doing that some of the left hand turn movement was
compromised.
There are some challenges
presented by that at two of the most critical intersections which are 2nd
Avenue and 25th Street and 2nd Avenue and 39th Street. 39th Street has been
adjusted by adding a little time on that one because it is a little more modern
intersection and they can do a few more things with it. There have been a few
problems on 25th Street which has an older controller that is staying at the
minimum time and is not adjusting when there is heavy traffic as it should.
The consultant and the City staff have worked with the State that has been very
cooperative. The State will have their technician come out next week and put a
new controller on all four legs and add some left hand turn time which our
consultant believes will still maintain the progression of traffic. They have observed
more people running the yellow turn lights then when the turn signals were
first adjusted which has caused some concern.
Mr. Grupe stated there is some
room to increase that left hand turn movement, but it will affect the
progression somewhat. At present there is about 28 seconds of green light for
through traffic and there should be five seconds of left turn time and that is
not happening all the time; mostly, there is three seconds. If they add another
five or six seconds to the left hand turn movement, they have to take that six
seconds from the 28 seconds that the through traffic has. What that means if
there are 25 to 30 cars on 2nd Avenue, by changing the timing, five to six of
those vehicles are going to get cut off. So they are going to make the
adjustment and see if they can come to a good compromise with progress and left
hand movements.
City Manager Michael Morgan stated
one of his frustrations since his employment in Kearney is the fact that one of
the biggest challenges with traffic control probably in the State of Nebraska is
with 2nd Avenue. Unfortunately, they have expressed the need to the State numerous
times to upgrade the traffic controller along 2nd Avenue with no success.
The benefits that we have seen on
39th Street are due to a better traffic controller and a detection system that
the State does not care for which is the video detection system. Mr. Morgan believed
this system works very well and is very adaptable. It does not cause the
problem of sending a crew out to do repairs when the loops in the road are
deteriorated or damaged which is very dangerous. There is a challenge of convincing
the State to use these. The City does not manage 2nd Avenue and so citizens are
very frustrated by the City’s inability to make the changes we believe need to
be made. It was disappointing to hear that our traffic controller does not
allow us to add a few seconds on the busiest intersection in Kearney. They have
taken the position on all of their intersections that we will have the highest
and best technology available to make sure that they work as well as they can. They
have also requested a back up controller to be available if a controller fails
as it did some time ago and we were unable to get it repaired or replaced for
sometime. The City even agreed that our staff could do that work for the State,
but never received any back up equipment. The City has gone ahead and purchased
a back up controller to insure that will not happen again.
When the ownership of 2nd Avenue
by the City of Kearney becomes a reality, it will in many respects bring some
positive benefits to us. At that time, we can make the changes we believe are
necessary. They are hopeful the State will come out and at least upgrade the
controller to something better than what is there now although probably not to
the most current technology. The State will not authorize the use of the video
system on Highway 30 because of the intersection of two highways and they have
concerns of the reliability of the video detection. This was a little
surprising since it is used all over the country. They hope to get the
controller changed early next week since UNK starts then which tremendously
increases traffic and those intersections are quite a challenge for the Police
Department. At some point they will have to get to a system that is
appropriate and then enforce it.
Mr. Grupe stated the State has
been cooperative. This controller will be installed at quite a cost to them and
they will spend considerable time getting it installed and monitor it for a
while. He believed that with the consultant and the State they will be able to
come up with a workable solution. They will also be looking at fixing the
problem at 33rd Street which seems to be hanging things up a little.
UPDATE ON 39TH STREET PROJECT
Mr. Grupe stated the 39th Street
project is going well and is on schedule. 39th Street east of Avenue A has
been opened. The dirt has been moved in for the fill of the hill and the
underground contractor is back doing his sewer, water and storm sewer work.
Most of the utility work is done and NPPD is doing some final touches.
UPDATE ON 56TH STREET TRAFFIC LIGHT
The 56th Street and Avenue N
traffic signal has been operational for two weeks and is ready for school. There
has been law enforcement there to monitor the traffic in that area which will
continue.
VIII. ADJOURN
Moved by Lear seconded by Buschkoetter
that Council adjourn at 8:30 p.m. Roll call resulted as follows: Aye: Clouse, Lammers,
Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
STANLEY
A. CLOUSE
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK