Kearney, Nebraska
March 11, 2008
7:00 p.m.
A meeting of the City Council of
Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on
March 11, 2008 in the Council Chambers at City Hall. Present were:
Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk;
Council Members Randy Buschkoetter, Don Kearney and Bob Lammers. Absent: Bruce
Lear. Michael Morgan, City Manager; Michael Tye, City Attorney; Amber
Brown, Assistant City Manager; Wendell Wessels, Director of Finance and
Administration; Rod Wiederspan, Director of Public Works; and Luke Olson,
Management Assistant were also present. Some of the citizens present in the
audience included: Craig Bennett, Marlo Johnson, Lance Lang, Dan Lynch, Luke
Olson, Bill Oldfather, Tom Urbanek, Nathan Garst, Robert Cook, Greg Barney,
Holly Klasson, Ron Pickle, Paul Brungardt, Sara Giboney from Kearney Hub, Steve
Altmaier from KGFW Radio.
Notice of the meeting was given
in advance thereof by publication in the Kearney Hub, the designated method for
giving notice, a copy of the proof of publication being attached to these
minutes. Advance notice of the meeting was also given to the City Council
and a copy of their acknowledgment or receipt of such notice is attached to
these minutes. Availability of the Agenda was communicated in the advance
notice and in the notice to the Mayor and City Council. All proceedings
hereafter shown were taken while the meeting was open to the attendance of the
public.
I.
ROUTINE BUSINESS
INVOCATION
Pastor Sam Rathod from Faith
United Methodist Church provided the Invocation.
PLEDGE OF ALLEGIANCE
Boy Scouts from Troop 158 led the
Council members and audience in the Pledge of Allegiance.
ANNOUNCEMENT
Mayor Clouse announced that in
accordance with Section 84-1412 of the Nebraska Revised Statutes, a current
copy of the Open Meetings Act is available for review and is posted towards the
back of the Council Chambers.
RECOGNITION
Mayor Clouse read and presented a
Proclamation to UNK Athletic Director Jon McBride. The Proclamation
recognizes Kearney as the home of the 2008 NCAA Division II Women’s Basketball
Elite Eight.
ORAL COMMUNICATIONS
There was no Oral Communications.
II.
UNFINISHED BUSINESS
There was no Unfinished Business.
III.
PUBLIC HEARINGS
REZONING EAST OF AVENUE M, WEST OF
ANTELOPE AVENUE AND NORTH OF 11TH STREET
Public Hearings 1, 2 and 3 were
discussed together but voted on separately.
Mayor Clouse opened the public
hearing on the Application submitted by Craig Bennett from Miller &
Associates (Applicant) for Robert G. Cook (Owner) to rezone from “District AG,
Agricultural District” to “District M-1, Limited Industrial District” property
described as a tract of land being part of the South Half of the Southeast
Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West
of the 6th P.M., containing 8.21 acres, more or less, Buffalo County, Nebraska
(east of Avenue M, west of Antelope Avenue and north of 11th Street). Planning
Commission recommended approval.
The applicant is requesting
approval to rezone and plat a tract of land that is approximately 8.21 acres to
create a seven-lot subdivision for light industrial use. The property is
located approximately ½ mile east of Avenue M on the north side of 11th
Street. A portion of this property is currently platted as the east 24
feet of Lot 18, Lot 19 and 20, Block 22 of Cruser and Davies Addition.
Proposed Lot 1 contains an existing building that was originally moved to the
site as an agricultural building. The Owner would like to move a second
building to the property and is in the process of doing so. City staff advised
him that the property needs to be rezoned and subdivided to accommodate the
second building and future development. The second building will be located on
proposed Lot 2. A foundation for the second building is in place.
The east 24 feet of Lot 18,
Lot 19 and 20, Block 22 of Cruser and Davies Addition are proposed for
vacation. The land can then be replatted as East Cook Subdivision.
This property is currently
zoned AG, Agricultural District. The rezoning request is for District M-1,
Limited Industrial District. The adjacent property to the west is zoned M-1.
The surrounding undeveloped property is zoned agricultural. The Future Land Use
Map of the City of Kearney Comprehensive Development Plan shows this area to be
“Mixed Use 3” and M-1 is a conforming zoning district for this land use type.
The applicant proposes a
seven-lot subdivision to be known as East Cook Subdivision. As previously
mentioned, there is an existing building on proposed Lot 1 at the east end of
the property and a foundation for a second building on proposed Lot 2. The Preliminary
Plat was approved by Planning Commission on February 15, 2008.
A Subdivision Agreement is
included that addresses the following development issues:
1. Access to Lots 1 and 2 from 11th Street can be
maintained at the existing location until such time as 11th Street is paved.
2. When 11th Street is paved Owner agrees to close the
existing access point since it is too close to the intersection of future
Avenue U and 11th Street. Owner agrees to construct a concrete approach to City
specifications from 11th Street edge of paving to a point 60 feet north of the
centerline of 11th street at the location shown on the Final Plat. This
location is a shared access for lots 1 and 2 and will ultimately be the east
access for a frontage road along all seven lots.
3. When 11th Street is widened to four lanes, Owner or
future Owner(s) agree to pay all assessments levied against the seven lots.
4. Construction of the private frontage road, municipal
water mains and sanitary sewer mains depends on the order in which the
remainder of the lots is developed. The fourth lot to be developed triggers all
the improvements. If Lot 3 is the third lot to develop, Owner agrees to extend
the frontage road across Lot 3 to the west property line. If Lot 4 develops
next, as the fourth lot, all improvements shall be completed for the frontage
road across all seven lots plus the water and sewer mains. If development
shifts to the west end and Lot 7 is the third lot to be developed a concrete
approach constructed to the same standards as the east access shall be
constructed at the location shown on the Final Plat shared by Lots 6 and 7. The
next lot to develop would be the fourth lot and all improvements would be
built.
5. The frontage road, water main and sewer main will be
located within the “access/sewer/ water easement” shown on the Final Plat and
Public Works Plan.
6. The frontage road will be paved with either asphalt or
concrete and will be 25 feet in width. The approaches at either end will be
constructed to city specifications within the public right-of-way of 11th
Street and an additional 10 feet.
7. At such time as the east 33 feet of right-of-way for
future Avenue U is dedicated to the City, Owner agrees that the 33-foot wide
“easement for future roadway purposes” abutting proposed Lot 1 as shown on the
Final Plat shall automatically be dedicated as public road right-of-way to the
City, at no cost to the City, for purposes of constructing Avenue U. In the
interim, Owner agrees not to encumber said easement with any permanent
structures.
8. Owner agrees to waive any rights of protest for future
improvement districts for City paving, water or sewer in Avenue U or 11th
Street.
9. Owner agrees that stormwater management is required
and plans must be approved by the City Engineer prior to issuance of any
building permits on any lot.
This property can be served
with municipal water and sanitary sewer and is contiguous with the existing
corporate boundary of the City of Kearney. Therefore, this property will be
annexed into the City limits.
Craig Bennett from Miller &
Associates presented this matter to the Council. The proposed land use map
shows traffic circulation in this particular quarter section. On the half
mile line there is the potential road in the future. They have a plan to
incorporate that future road into their subdivision. West of the subdivision is
continuous and adjacent to existing City limits. Hammer Park Addition is
currently zoned M-1. They are asking for rezoning to M-1 so it would be
consistent with what is along the north side of 11th Street. Part of their
request is to vacate two lots from an old subdivision that contains a house and
a small building and will be replatted as a part of this subdivision. This
subdivision will be broken up into 7 lots. These lots would have an access road
that eliminates the need for each lot having its own access onto 11th
Street. Since 11th Street has the potential to be an arterial street,
they want to minimize the circulation to two access points. At the time this is
platted, the existing driveway can be relocated to serve the development where
Mr. Cook has his business and plans to move the Bob’s Apco’s metal building.
The current use is agricultural by zone (or default) and would be
non-conforming with what he is proposing to do.
There are three lots from the
Cruser and Davies Addition where the house and building are located they are
requesting to be vacated. The original Cruser and Davies Addition did
have streets which all have been vacated but also showed Avenue U. This is the
street shown on the future use land map along the east side of the half mile
line. In this subdivision, they are giving up the additional right-of-way
to accommodate 50 feet of right-of-way. Currently, there is 33 feet, so
they would be giving up the additional 17 feet on this plat for future
right-of-way. If the future Avenue U on the east goes through, they have
dedicated that as an easement so that it could allow for right-of-way to be
granted. If it does not go through since they do not know how the land to
the east and north might develop then it could be retained by the owner. To
ensure that the City would have the right to get that easement, provisions have
been made in the Subdivision Agreement.
The building set back line for
the building he is proposing to move out there would go through the middle of
the existing building. Should Avenue U go through, he would be
grandfathered in, but currently it does go over the building setback if Avenue
U were ever to exist. There is a 30-inch water main in the center of 11th
Street which would allow one service there. There would be another looping
water main for services to future developments.
Currently, located in the
southeast corner of what would be the proposed Avenue U right-of-way, there is
a City of Kearney sampling building which is completely on Mr. Cook’s
ground. In the future, it would be located partially on the easement area
and partially on the right-of-way. Should Avenue U go through, it would
be completely contained within right-of-way. At the present time, there
is an agreement between the City of Kearney and Mr. Cook allowing that building
to remain in place until Avenue U went through. The City is under a rehab
project of the manholes that are located on 11th Street. In conjunction
with sanitary sewer since this development is going through, they are making
provisions to have their services tap those manholes. This would allow for
those stubs to be put in at this time.
As they looked at this
subdivision, to the north is agricultural which primarily drains from west to
east and somewhat from north to south. They are proposing a detention cell to
provide for the increase of on site storm water runoff which out lets onto 11th
Street. If it becomes a 4-lane road in the future, they would have detention in
pipes, etc.
Director of Public Works Rod
Wiederspan stated that 11th Street is an arterial and they want to control the
number of driveway accesses onto that arterial. This was a good solution
to service the seven lots, but still have it limited to two access
points. This is how the area will develop in general. If they have
larger parcels on the west, they might just have public streets that access off
of 11th Street which could then give access off of those pubic streets.
This parcel that is being proposed is small enough that it is not an option on
it.
City Manager Michael Morgan stated
that Buffalo County is responsible for the paving of 11th Street. This
paving project is part of the agreement with regards to Cherry Avenue with
Buffalo County, but has been somewhat delayed. Craig Bennett said he did
not know what the completion date is, but has been pushed back and is being
proposed for 2009.
There was no one present in
opposition to this hearing.
Moved by Kearney seconded by
Lammers to close the hearing and approve the Application submitted by Craig
Bennett from Miller & Associates (Applicant) for Robert G. Cook (Owner) to
rezone from “District AG, Agricultural District” to “District M-1, Limited
Industrial District” property described as a tract of land being part of the
South Half of the Southeast Quarter of the Southwest Quarter of Section 6,
Township 8 North, Range 15 West of the 6th P.M., containing 8.21 acres, more or
less, Buffalo County, Nebraska (east of Avenue M, west of Antelope Avenue and
north of 11th Street). Roll call resulted as follows: Aye: Clouse, Lammers, Kearney,
Buschkoetter. Nay: None. Lear absent. Motion carried.
FINAL PLAT AND SUBDIVISION
AGREEMENT FOR EAST COOK SUBDIVISION
Public Hearings 1, 2 and 3 were
discussed together but voted on separately.
Mayor Clouse opened the public
hearing on the Application submitted by Craig Bennett from Miller &
Associates (Applicant) for Robert G. Cook (Owner) for the Final Plat and
Subdivision Agreement for “East Cook Subdivision”, an addition to the City of
Kearney, Buffalo County, Nebraska for property described as a tract of land
being part of the South Half of the Southeast Quarter of the Southwest Quarter
of Section 6, Township 8 North, Range 15 West of the 6th P.M., containing 8.21
acres, more or less, Buffalo County, Nebraska (east of Avenue M, west of Antelope
Avenue and north of 11th Street) and to consider approval of Resolution No.
2008-31. Planning Commission recommended approval.
There was no one present in
opposition to this hearing.
Moved by Lammers seconded by
Buschkoetter to close the hearing and approve the Application submitted by
Craig Bennett from Miller & Associates (Applicant) for Robert G. Cook
(Owner) for the Final Plat and Subdivision Agreement for “East Cook
Subdivision”, an addition to the City of Kearney, Buffalo County, Nebraska for
property described as a tract of land being part of the South Half of the
Southeast Quarter of the Southwest Quarter of Section 6, Township 8 North,
Range 15 West of the 6th P.M., containing 8.21 acres, more or less, Buffalo
County, Nebraska (east of Avenue M, west of Antelope Avenue and north of 11th
Street) and approve Resolution No. 2008-31. Roll call resulted as follows: Aye:
Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.
RESOLUTION
NO. 2008-31
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “EAST COOK SUBDIVISION” an addition to the City of Kearney,
Buffalo County, Nebraska for a tract of land being the east 24.0 feet of Lot
18, all of Lot 19, all of Lot 20, Block 22, Cruser and Davies Addition to the
City of Kearney, Buffalo County, Nebraska, together with all that part of
Cruser and Davies Addition now vacated and formerly referred to as Lots 1
through 28, Block 21, Lots 1 through 10, the east 24.0 feet of Lot 11, the east
24.0 feet of Lot 18, Lots 19 through 28, Block 22, all of vacated Avenue
"S" abutting Block 21 on the west and Block 22 on the east, all that
part of Avenue "U" lying west of the east line of the Southeast
Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West
of the 6th P.M., Buffalo County, Nebraska and abutting Block 21 on the east,
all of the South Half of vacated 12th Street lying east of the west line of the
east 24.0 feet of Lot 11, Block 22, Cruser and Davies Addition and west of the
east line of the Southeast Quarter of the Southwest Quarter of said Section 6
and all being more particularly described as: part of the South Half of the
Southeast Quarter of the Southwest Quarter of Section 6, Township 8 North, Range
15 West of the 6th P.M., Buffalo County, Nebraska. Beginning at the southeast
corner of the Southwest Quarter of said Section 6 and assuming the east line of
the Southeast Quarter of the Southwest Quarter as bearing N01°08'11"E and
all bearings contained herein are relative thereto; thence N01°08'11"E and
on the said east line of the Southeast Quarter of the Southwest Quarter a
distance of 308.34 feet to the centerline of 12th Street (now vacated); thence
N89°03'57"W and on said vacated centerline a distance of 1147.0 feet, said
point being on the west line of the east 24.0 feet of vacated Lot 11, Block 22
(if extended north); thence S01°01'31"W and on said west line a distance
of 315.43 feet to the south line of said Section 6; thence S89°26'07"E on
said south line a distance of 1146.41 feet to the point of beginning,
containing 8.21 acres, more or less, all in Buffalo County, Nebraska, duly made
out, acknowledged and certified, and the same hereby is approved in accordance
with the provisions and requirements of Section 19-916 of the Nebraska Revised
Statutes, be accepted and ordered filed and recorded in the Office of the
Register of Deeds of Buffalo County, Nebraska; said addition is hereby included
within the corporate limits of said City and shall be and become a part of said
City for all purposes whatsoever, and the inhabits of such addition shall be
entitled to all the rights and privileges and shall be subject to all laws,
ordinances, rules and regulations of said City.
BE IT FURTHER RESOLVED that the Subdivision Agreement, marked as Exhibit “A”
attached hereto and made a part hereof by reference, be and is hereby approved
and that the President of the Council be and is hereby authorized and directed
to execute said agreement on behalf of the City of Kearney, Nebraska. Said
Subdivision Agreement shall be filed with the final plat with the Buffalo
County Register of Deeds.
BE IT FURTHER
RESOLVED that the President of the Council be and is hereby authorized and
directed to execute the final plat on behalf of the City of Kearney, Nebraska.
PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2008.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
ANNEXATION OF EAST COOK
SUBDIVISION
Public Hearings 1, 2 and 3 were discussed
together but voted on separately.
Mayor Clouse opened the public
hearing on the Application submitted by Craig Bennett from Miller &
Associates (Applicant) for Robert G. Cook (Owner) for the annexation of “East
Cook Subdivision”, an addition to the City of Kearney, Buffalo County, Nebraska
for property described as a tract of land being part of the South Half of the
Southeast Quarter of the Southwest Quarter of Section 6, Township 8 North,
Range 15 West of the 6th P.M., containing 8.21 acres, more or less, Buffalo
County, Nebraska (east of Avenue M, west of Antelope Avenue and north of 11th
Street) and to consider approval of Resolution No. 2008-32. Planning
Commission recommended approval.
There was no one present in
opposition to this hearing.
Moved by Buschkoetter seconded by
Clouse to close the hearing and approve the Application submitted by Craig
Bennett from Miller & Associates (Applicant) for Robert G. Cook (Owner) for
the annexation of “East Cook Subdivision”, an addition to the City of Kearney,
Buffalo County, Nebraska for property described as a tract of land being part
of the South Half of the Southeast Quarter of the Southwest Quarter of Section
6, Township 8 North, Range 15 West of the 6th P.M., containing 8.21 acres, more
or less, Buffalo County, Nebraska (east of Avenue M, west of Antelope Avenue
and north of 11th Street) and approve Resolution No. 2008-32. Roll call
resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lammers. Nay: None.
Lear absent. Motion carried.
RESOLUTION
NO. 2008-32
WHEREAS, an Application has been submitted by Craig Bennett from Miller &
Associates (Applicant) for Robert G. Cook (Owner) for the inclusion of “EAST
COOK SUBDIVISION” an addition within the corporate boundaries of the City of
Kearney said property described as a tract of land being the east 24.0 feet of
Lot 18, all of Lot 19, all of Lot 20, Block 22, Cruser and Davies Addition to
the City of Kearney, Buffalo County, Nebraska, together with all that part of
Cruser and Davies Addition now vacated and formerly referred to as Lots 1
through 28, Block 21, Lots 1 through 10, the east 24.0 feet of Lot 11, the east
24.0 feet of Lot 18, Lots 19 through 28, Block 22, all of vacated Avenue
"S" abutting Block 21 on the west and Block 22 on the east, all that
part of Avenue "U" lying west of the east line of the Southeast
Quarter of the Southwest Quarter of Section 6, Township 8 North, Range 15 West
of the 6th P.M., Buffalo County, Nebraska and abutting Block 21 on the east, all
of the South Half of vacated 12th Street lying east of the west line of the
east 24.0 feet of Lot 11, Block 22, Cruser and Davies Addition and west of the
east line of the Southeast Quarter of the Southwest Quarter of said Section 6
and all being more particularly described as: part of the South Half of the
Southeast Quarter of the Southwest Quarter of Section 6, Township 8 North,
Range 15 West of the 6th P.M., Buffalo County, Nebraska. Beginning at the
southeast corner of the Southwest Quarter of said Section 6 and assuming the
east line of the Southeast Quarter of the Southwest Quarter as bearing
N01°08'11"E and all bearings contained herein are relative thereto; thence
N01°08'11"E and on the said east line of the Southeast Quarter of the
Southwest Quarter a distance of 308.34 feet to the centerline of 12th Street
(now vacated); thence N89°03'57"W and on said vacated centerline a
distance of 1147.0 feet, said point being on the west line of the east 24.0
feet of vacated Lot 11, Block 22 (if extended north); thence S01°01'31"W
and on said west line a distance of 315.43 feet to the south line of said
Section 6; thence S89°26'07"E on said south line a distance of 1146.41
feet to the point of beginning, containing 8.21 acres, more or less, all in
Buffalo County, Nebraska; and
WHEREAS, the
Kearney City Planning Commission has received and held a public hearing on
February 15, 2008 on the inclusion of “EAST COOK SUBDIVISION” within the
corporate limits and recommended the Kearney City Council approve said
application; and
WHEREAS, said application to include the land within the corporate limits was
duly signed by the owners of the land affected with the express intent of
platting the land as “EAST COOK SUBDIVISION” an addition to the City of
Kearney, Buffalo County, Nebraska;
WHEREAS, a public hearing was held by the Kearney City Council relating to said
application on March 11, 2008 who deemed the said addition to be included
within the corporate limits to be advantageous to and in the best interests of
the City.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the land to be platted as “EAST COOK SUBDIVISION” shall
be included within the corporate limits of the City of Kearney, Buffalo County,
Nebraska, that the inhabitants of such addition shall be entitled to all the
rights and privileges, and shall be subject to all the laws, ordinances, rules
and regulations of the City of Kearney.
BE IT FURTHER RESOLVED that the inclusion of “EAST COOK SUBDIVISION” within the
corporate limits of the City of Kearney is subject to the final plat being
filed with the Buffalo County Register of Deeds.
PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2008.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
PROPOSED AMENDMENTS TO SIGN
ORDINANCE FOR OUTDOOR ADVERTISING
Mayor Clouse opened the
public hearing on the Application submitted by Lamar Outdoor Advertising to
amend Chapter 50 “Sign Regulations” of the Code of the City of Kearney to allow
for changes with regard to regulations pertaining to outdoor advertising signs,
and to amend Chapter 3 “Business Regulations” and Chapter 50 “Sign Regulations”
of the Code of the City of Kearney to cross-reference sign regulations in both
chapters. The Planning Commission recommends approval of the code amendments
subject to the following changes being made prior to the City Council hearing:
(1) Billboard signs can be relocated within 150 feet of its current location
based on the Building Inspector’s approval. (2) The language that states “signs
that remain unused for a period of 180 days would forfeit the legal
nonconforming status and be subject to removal” be changed to a period of 12
months instead of 180 days.
City Planner Lance Lang
presented this matter to the Council. The proposed amendments to the sign
ordinance are intended to remove contradictory language and allow a greater
degree of maintenance than the current language in the Code.
As a housekeeping issue,
staff is proposing to cross reference Chapter 3, Business Regulations, and
Chapter 50, Sign Regulations since language is written in both sections that
pertain to signs. Language will be added to Chapter 3 stating that additional
sign regulations pertaining to zoning are found in Chapter 50. Chapter 50
will reference additional information pertaining to business regulations of
signs in Chapter 3.
As for billboard signs
addressed in Chapter 50, the proposal is intended to:
- Clarify and
specifically state what is allowed for maintenance in much greater
detail. The proposed amendments will allow anyone with an existing
billboard to maintain, repair, replace, and upgrade all components of the
sign and its support features as long as the size, height, number of faces
or number of supports does not increase.
- Size,
height, number of faces can be decreased.
- Monopoles
can replace other supports on a voluntary, not mandatory,
basis.
- Wooden
poles can be replaced with wooden poles, or can be upgraded to
metal.
- Double
stacks can be taken down and put back up as long as they do not get bigger
and must be at the same location.
- Signs that
need to be relocated because of a local, state or federal project can be
moved with permission from Planning Commission and City Council. Relocated
signs can be moved up to 150 feet from the original location to reduce the
nonconformance if approved by the Chief Building Official. The new
location must not encroach on abutting property and cannot be closer to
the street than the original location.
- Signs destroyed
for any reason, man-made or Act of God can be completely rebuilt
regardless of the damage percentage as long as they don't get bigger and
must be reconstructed at the same site (with the exception of roof-mounted
signs).
- Roof-mounted
signs are subject to a 50% damage threshold. If damaged 50% or more
of its replacement value, a roof top sign must be permanently removed.
- Electronic
signs are allowable at a 3:1 replacement ratio - 3 sign faces come down,
one digital goes up. Proposed regulations for electronic signs are modeled
after NDOR language.
- New
billboard signs may be constructed in accordance with the current
regulations.
- There will
be a $100.00 registration fee required for each existing sign structure,
whether legal or nonconforming, for the City Building Services Division to
develop a database inventory of all billboard structures.
- Thereafter,
an annual inspection fee of $25.00 per structure will be assessed.
This proposal would allow for
limited new billboard signs to be constructed in accordance with the current
regulations. This proposal would also allow for the cutting-edge
technology with electronic signs or electronic digital billboards that have
multiple images on one sign face. The language that allows that is modeled
after NDOR Department of Roads language that allows those along their
highways. City staff is proposing that there be a replacement ratio of
3-1 where 3 existing signs would be removed to allow for 1 electronic sign to
go up. There were several scenarios discussed at Planning Commission suggesting
2-1 instead of 3-1 or considering square footage. Those favoring
3-1 or 4-1 believed that it would control the overall number of billboards in
town. This could be changed according to Council’s wishes.
Council member Lammers stated
that according to the Code, digital signs can only be placed every 5,000
feet. In a town the size of Kearney, we could basically only have three
signs on the entire length of 2nd Avenue and possibly the same going east and
west in town. He did not believe that was a huge number from a digital
aspect.
City Planner stated that the
digital signs are expensive and cost can be up to a quarter million
dollars. This makes the advertising on them more expensive and so it
appeals to a select group of advertisers. They do have six images per
minute with ten second windows and can have multiple advertisers on them.
City Planner stated that they are
going to require some type of registration system. They are allowing the
owners to put up and take down their billboards as long as they do not make any
changes to the original design. It is important, however, to have a bench mark
as to what is out there regarding location and size. In this way if the
signs are taken down and put back up it would ensure they are in compliance
with the regulations.
Council member Lammers stated
that he agrees with the registration that is required by the Code. He did
have a concern with the yearly inspection requirement which he believed was
excessive. Most of the signs that are put up are on a permanent basis
will last for 25-30 years and changes are usually slight.
City Manager Michael Morgan
stated that he believed that we can achieve the same benefits through a
certification program. Kearney already does an annual review through the
$75.00 sign occupation tax under the Finance Department. Inventory of those
signs have been placed in a data base. Staff could combine the review to
be done at the same time and require information of the height, location,
description in that application form and include that in the $75.00 cost.
The key component would be to have the owner certify the properties of the sign
and if there were any problems later, we would have some legal grounds to deal
with it more effectively than we have in the past. Kearney does require
permits for new signs and for repairs to existing ones or taking one down to
replace it with another. The sign owner would sign the affidavit if there
were no changes during the year. If they did make changes within the
year, we would have it on record because it would require a sign permit.
City Manager stated that this
proposed amendment would eliminate increased cost to the sign owner and
eliminate the inspection cost of actually going onto someone’s property. This
would still achieve our goal of compliance and maintain accurate information of
sign inventory. The advantage that we have today with the GIS system
provides good documentation over the years. It would be pretty easy to see if they
have been moved or major changes made. Council members agreed that a
yearly inspection was not necessary.
City Planner stated that some of
the sign companies are going to make some changes that are beneficial. They are
going to decrease the size of the signs and go to monopoles which are more
attractive than the multiple supports. This allows them the opportunity
to do some of these things for the betterment of the community.
Greg Barney, 704 West 25th
Street, stated he is the manager of Barney Building and Land Company and has
some signs. He thanked the City Council, City staff and members of the
Planning Commission for undertaking these controversial and lengthy
issues. From his perspective, the conclusion that has been reached is much
more beneficial to the business community and the citizens then the situation
that did not allow for maintenance and repair of these signs.
Moved by Clouse seconded by
Kearney to close the hearing and approve the following amendment: to delete
proposed Paragraph F of Section 50-113 and replace it as follows: The Owner of
every existing legal or nonconforming outdoor advertising sign shall pay an
annual occupation tax for each sign face as set forth in the City of Kearney
Comprehensive Fee Schedule. At the time the occupation tax is due, the
Owner shall complete the required form confirming the location, number of
faces, size of each face, height of the structure, materials description,
condition of each sign, and any other related information requested by the City.
The Owner shall sign an affidavit stating that the information provided is
accurate and that the sign has not been modified in the past 12 months.
Any modifications will require a Sign Permit from the Building Services
Division. Roll call resulted as follows: Aye: Clouse, Buschkoetter,
Lammers, Kearney. Nay: None. Lear absent. Motion carried.
Moved by Kearney seconded by
Lammers to approve the following amendment: to amend proposed Paragraph G of
Section 50-113 as follows: (1) For each ECMS face erected, a minimum of 2
existing sign faces must be permanently removed; and (2) the proposed ECMS must
be located where one of the existing structures was removed to meet the 2:1
replacement requirement, or, if at a new location, the ECMS must meet all code
requirements pertaining to outdoor advertising sign and meet the 2:1
replacement requirement and to approve the Application submitted by Lamar
Outdoor Advertising to amend Chapter 50 “Sign Regulations” of the Code of the
City of Kearney to allow for changes with regard to regulations pertaining to
outdoor advertising signs, and to amend Chapter 3 “Business Regulations” and
Chapter 50 “Sign Regulations” of the Code of the City of Kearney to
cross-reference sign regulations in both chapters. Roll call resulted as
follows: Aye: Clouse, Kearney, Buschkoetter, Lammers. Nay: None. Lear absent.
Motion carried.
PROPOSED ACQUISITION FOR BUILDING
ADJACENT TO UTILITIES BUILDING
Mayor Clouse opened the public
hearing on the proposed acquisition of all of Lots 87 and 88 and the east half
of Lot 89, Keen’s Park Addition to the City of Kearney, Buffalo County,
Nebraska for possible expansion of City facilities and to consider approval of
Resolution No. 2008-33.
City Attorney Michael Tye
presented this matter to the Council. This property is adjacent to the Kearney
Utilities Building and is being purchased in case there may be some need to
expand City facilities in the future. The owners of the property have agreed to
the terms of this Purchase Agreement and Council would need to authorize the
City Manager to enter into the Purchase Agreement so that a closing date can be
scheduled on this transaction. The purchase price set forth in the Purchase
Agreement for this property is $100,000.00.
There was no one present in opposition
to this hearing.
Moved by Lammers seconded by
Buschkoetter to close the hearing and approve the proposed acquisition of all
of Lots 87 and 88 and the east half of Lot 89, Keen’s Park Addition to the City
of Kearney, Buffalo County, Nebraska for possible expansion of City facilities
and approve Resolution No. 2008-33. Roll call resulted as follows: Aye: Clouse,
Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.
RESOLUTION NO.
2008-33
WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in
real property by purchase or eminent domain to do so only after the City
Council has authorized the acquisition by action taken in a public meeting
after notice and public hearing; and
WHEREAS, the City Council has held a public hearing upon the proposed
acquisition for possible expansion of City facilities and voted in favor to
proceed with the acquisition; and
WHEREAS, the City Council of the City of Kearney, Nebraska has determined the
necessity of acquiring fee simple title for possible expansion of City
facilities, including any mortgage and leasehold interests on all of Lots 87
and 88 and the east half of Lot 89, Keen’s Park Addition to the City of
Kearney, Buffalo County, Nebraska.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that:
1. The City Attorney and City Manager be, and hereby are,
authorized on behalf of the City to complete negotiations for possession of and
fee simple title to the property set forth above; and
2. If the acquisition and possession of such property is not
possible through negotiations, the City Attorney be, and hereby is, directed to
commence eminent domain proceedings on behalf of the City of Kearney to obtain
title, acquisition, and possession of said property interests as soon as
legally possible.
BE IT FURTHER RESOLVED that the City Manager be and is hereby authorized and
directed to execute the Purchase Agreement on behalf of the City of Kearney
with Jonathan A. and Kathleen J. Rasmussen, husband and wife, a copy marked as
Exhibit “A” is attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2008.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
IV.
CONSENT AGENDA
Moved by Buschkoetter seconded by
Clouse that Subsections 1 through 17 of Consent Agenda Item IV be approved.
Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter.
Nay: None. Lear absent. Motion carried.
1.
Approve Minutes of Regular Meeting held February 26, 2008.
2.
Approve the following Claims: ABPA Region 12 $60.00 Smcs; Ace Irrigation
$292.50 Smcs; Advanced Valve Technologies $24,263.32 Smcs; Aflac $2,783.88 Ps;
Agri Coop $31,808.23 Smcs; Alamar Uniforms $3,707.33 Smcs; Albright,D $113.57
Smcs; Alltel $4,229.30 Smcs; Amax Contracting $3.00 Co; American Backflow
$60.00 Smcs; AWWA $1,535.00 Smcs; Anderson Bros $575.24 Smcs; Armor Holdings
Forensics $331.94 Smcs; Ask Supply $132.90 Smcs; Baker & Taylor $2,436.93
Smcs; Barney Abstract $75.00 Smcs; BBC Audiobooks $204.09 Smcs; Bennett,T
$905.25 Smcs; Bestsellers Audio $436.00 Smcs; Blessing $94,432.64 Co; Bluecross
Blueshield $97,747.77 Smcs; Bob's Super Store $28.36 Smcs; Bosselmans $1,214.00
Smcs; Buffalo Co Court $594.98 Ps; Buffalo Co Economic $19,388.49 Smcs; Buffalo
Co Reg Deeds $194.00 Smcs; Builders Warehouse $22.56 smcs,co; Camera Doctor
$132.00 Smcs; Central Fire $120.75 Smcs; Central NE Bobcat $18,434.00 Smcs;
Charter $652.76 Smcs; City of Ky $190,474.12 smcs,ps; CMI $187.41 Smcs; College
Savings Plan of NE $75.00 Ps; Computerized Fleet Analysis $2,995.00 Smcs;
Control Masters $3,070.00 Smcs; Copycat Printing $9.50 Smcs; Crocker &
Crocker $527.00 Smcs; Crossroads Ford $847.56 Smcs; Culligan $220.00 Smcs;
Custom Design Wall $40.00 Smcs; Dept of the Treasury $56.17 Ps; Double M Farms
$2,000.00 Smcs; DPC Industries $4,737.55 Smcs; Driver's License Guide $28.95
Smcs; Eagle Dental Associates $46.96 Smcs; Eakes $48.85 Smcs; Eickhoff,B $8.00
Ps; Eirich,T $50.00 Smcs; Elliott Equipment $1,543.04 Smcs; EMC Insurance
$474.60 Smcs; Eriksen Construction $65,255.80 Co; ESRI $6,300.00 Smcs;
Fearnley,M $47.47 Smcs; Fiddelke Heating $143.92 Smcs; Fireguard $18,601.38
Smcs; Frontier Comm $177.30 Smcs; Gale $292.18 Smcs; Galls $1,027.38 Smcs;
Garrett Tires $6,269.40 Smcs; Gary Sorensen Construction $1,200.00 Co; Graphic
Screen Printing $176.00 Smcs; Guideposts $16.94 Smcs; H&H Distributing
$391.20 Smcs; Hach Co $463.30 Smcs; Hayden,S $11.50 Smcs; HD Supply $4,558.90
Smcs; Hebb,L $120.00 Smcs; High Country Grounds $942.70 Co; Hometown Leasing
$248.23 Smcs; Horst,R $42.93 Smcs; Hydro Tech $54.00 Smcs; Hydrologic $175.00
Smcs; ICMA RC $2,784.75 Ps; Information Publications $86.00 Smcs; IRS
$97,748.52 Ps; Iteris $755.00 Smcs; Jack Lederman $762.23 Smcs; Johnson,S
$50.00 Smcs; Ky Comm Foundation $70.00 Smcs; Ky Glass $1,935.00 Co; Ky Humane
Society $2,400.00 Smcs; Ky Towing $147.50 Smcs; Ky United Way $577.90 Ps; Ky
Visitors Bureau $15,326.47 Smcs; Konica Minolta $60.70 Smcs; Kratzer,B $10.00
Smcs; Linweld $11.70 Smcs; Logan Contractors $11,850.00 Co; Magic Cleaning
$250.00 Smcs; Mail Express $479.22 Smcs; Matthew Bender $36.80 Smcs; Meridian
Library System $20.00 Smcs; Metlife $5,799.45 Ps; Microfilm Imaging $780.00
Smcs; Midas Auto Service $460.28 Smcs; Midwest Pump Equipment $1,120.03 Smcs;
Milco Environmental $1,770.00 Smcs; Miller Signs $495.00 Smcs; Moonlight
Embroidery $96.50 Smcs; Moore,D $90.00 Smcs; Morgan,M $58.50 Smcs; Moss &
Barnett $308.00 Smcs; Munch,J $6.00 Smcs; Municipal Supply $1,006.59 Smcs; NCMA
$75.00 Smcs; NE Cemetery Assn $40.00 Smcs; NE Child Support $2,400.97 Ps; NE
Dept of Revenue $27,462.37 Ps; NE Dept of Roads $261.44 Smcs; NE Forest Service
$30.00 Smcs; NE Health & Human $80.00 Smcs; NE Sheriff's Assn $24.00 Smcs;
NE Truck Center $1,337.95 Smcs; NEland Distributors $163.00 Smcs; New World
Systems $750.00 Smcs; Northwestern Energy $12,114.07 Smcs; NOVA Health
Equipment $493.69 Ps; Office Depot $275.48 Smcs; Office Max $272.74 Smcs;
O'Keefe Elevator $165.91 Smcs; Oliphant,K $22.00 Smcs; Overhead Door $274.72
Smcs; Oxford University Press $41.06 Smcs; Pankratz,J $228.76 Smcs; Paramount
$67.50 Smcs; Payflex Systems $476.00 smcs,ps; PB&G Development $563.62 Co;
PCAN $100.00 Smcs; Platte Valley Comm $1,410.29 Smcs; Presto-X $78.00 Smcs;
Quill $91.68 Smcs; Random House $266.25 Smcs; Recorded Books $12.90 Smcs;
Resource Management $445.42 Smcs; Roesler,A $47.45 Smcs; Rouch,K $42.69 Smcs;
Sage,P $16.04 Smcs; Sapp Bros $6,424.00 Smcs; School Outfitters $1,788.03 Co;
See Clear Cleaning $1,800.00 Smcs; Sherwin-Williams $39.37 Smcs; Siegel Display
Products $1,191.15 Smcs; Skeen,B $125.00 Smcs; Snap-On Tools $224.00 Smcs;
Softchoice $5,149.32 Co; Solid Waste Agency $39,761.50 Smcs; Solid Waste
Equipment $17,495.66 Smcs; Sport Rock $8,950.00 Co; State of NE/DAS Comm $19.17
Smcs; Strategos Int'l $695.00 Smcs; Sun Life Financial $24,390.48 Smcs; Sungard
Public Sector $828.33 Smcs; Sutphen Corp $383.72 Smcs; Sydow,J $40.00 Smcs;
Technical Maintenance $1,197.00 Smcs; Telephone Systems $22.46 Smcs; Thompson,K
$10.00 Smcs; Tye & Radmacher $10,530.62 Smcs; Ultramax $2,130.00 Smcs;
Underground Construction $2,125.00 Co; UPRR $5,150.00 Er; UNK $250.00 Smcs; UNL
Extensions $20.00 Smcs; Van Diest Supply $5,561.90 Smcs; Village Uniform
$501.47 Smcs; Watchguard Video $310.00 Co; Wellness Works $250.00 Ps;
Wiederspan,R $179.83 Smcs; Williams,M $42.93 Smcs; Wing Scale Service $2,575.00
Smcs; Winter,J $22.00 Smcs; Zimmerman Printers $806.75 Smcs; Payroll Ending
3-1-2008 -- $ 290,865.89. The foregoing schedule of claims is published
in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is
published at an expense of $_________ to the City of Kearney.
3.
Approve the request submitted by the UNK Loper Programming and Activities
Council to conduct the 6th Annual Fun 5K Run/Walk on April 19, 2008 beginning
at 9:00 a.m. The route will begin at UNK Foster Field, east in the right lane
of eastbound traffic on University Drive, south on the sidewalk parallel with
9th Avenue, west on the sidewalk parallel with 25th Street, north and east in
the right lane of the eastbound traffic on University Drive (near softball
fields) and following University Drive to 9th Avenue, south on the sidewalk
parallel with 9th Avenue to 27th Street, west on 27th Street and ending at UNK
Foster Field.
4.
Award the bid to EDM Equipment in the amount of $201,962.00 for the purchase of
a six wheel broom type street sweeper to be used in the Public Works
Transportation Division.
5.
Award the bid to Masek Golf Car Company in the amount of $149,480.00 for the
purchase of 60 gas motorized golf carts and two utility beverage carts for the
Meadowlark Hills Golf Course.
6.
Approve the Governmental Lease-Purchase Master Agreement between the City of
Kearney and Wells Fargo Equipment Finance, Inc. for the new street sweeper for
the Transportation Division and a fleet of new golf carts for the Meadowlark
Hills Golf Course and approve Resolution No. 2008-34.
RESOLUTION
NO. 2008-34
RESOLUTION AUTHORIZING THE
EXECUTION AND DELIVERY OF A GOVERNMENTAL LEASE-PURCHASE MASTER AGREEMENT,
SUPPLEMENT NO. __ AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN
CONNECTION THEREWITH.
WHEREAS, the governing body of the City of Kearney (“Lessee”) desires to obtain
certain equipment (the “Equipment”) described in Supplement No. ___ to the
Governmental Lease-Purchase Master Agreement (collectively, the “Lease”) with
Wells Fargo Equipment Finance, Inc. (“Lessor”), the form of which has been
available for review by the governing body of Lessee prior to this meeting; and
WHEREAS, the Equipment is essential for the Lessee to perform its governmental
functions; and
WHEREAS, the funds made available under the Lease will be applied to the
acquisition of the Equipment in accordance with such Lease; and
WHEREAS, Lessee has taken the necessary steps, including those relating to any
applicable legal bidding requirements, to arrange for the acquisition of the
Equipment; and
WHEREAS, Lessee proposes to enter into the Lease with Lessor substantially in
the form presented at the meeting.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that
Section 1. It is hereby found and determined that the terms of the Lease
in the form presented at the meeting and incorporated in this resolution are in
the best interests of Lessee for the acquisition of the Equipment.
Section 2. The Lease and the acquisition and financing of the Equipment
under the terms and conditions as described in the Lease are hereby
approved. The President of the Council of Lessee and any other officer of
Lessee who shall have power to execute contracts on behalf of Lessee be and
each of them hereby is, authorized to execute, acknowledge and deliver the
Lease with any changes, insertions and omissions therein as may be approved by
the officers who execute the Lease, such approval to be conclusively evidenced
by such execution and delivery of the Lease. The President of the Council
of the Lessee and any other officer of Lessee who shall have power to do so be,
and each of them hereby is, authorized to affix the official seal of Lessee to
the Lease and attest the same.
Section 3. The proper officers of Lessee be, and each of them hereby is,
authorized and directed to execute and deliver any and all papers, instruments,
opinions, certificates, affidavits and other documents and to do or cause to be
done any and all other acts and things necessary or proper for carrying out
this resolution and the Lease.
Section 4. Pursuant to Section 265(b) of the Internal Revenue Code of 1986,
as amended (the “Code”), Lessee hereby specifically designates the Lease as a
“qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the
Code.
The undersigned further certifies that the above resolution has not been
repealed or amended and remains in full force and effect and further certifies
that the Lease executed on behalf of Lessee is the same as presented at such
meeting held on March 11, 2008 of the governing body of Lessee, excepting only
such changes, insertions and omissions as shall have been approved by the
officers who executed the same.
PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2008.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E. TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
7.
Approve Change Order No. 1 showing an increase in the amount of $4,571.00 and
Change Order No. 2 showing an increase in the amount of $5,648.00 submitted by
Smeal Fire Apparatus Co. for the Fire Pumping Apparatus for the Kearney
Volunteer Fire Department and approve Resolution No. 2008-35.
RESOLUTION
NO. 2008-35
WHEREAS, Smeal
Fire Apparatus Co. has performed services in connection with the fire pumping
apparatus being purchased for the Kearney Volunteer Fire Department and has
filed Change Order No. 1 showing an increase to the contract sum in the amount
of $4,571.00 as shown on Exhibit “A”, and Change Order No. 2 showing an
increase to the contract sum in the amount of $5,648.00, as shown on Exhibit
“B”, attached hereto and made a part hereof by reference:
|
Original Contract Sum
|
$421,320.00
|
|
Change Order No. 1 (3-11-2008)
Change Order No. 2 (3-11-2008)
|
+
4,571.00
+
5,648.00
|
|
Contract Sum To Date
|
$ 431,539.00
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order Nos. 1 and 2
as shown on Exhibits “A” and “B” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2008.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
8.
Approve the request submitted by the FirsTier Event Center, the Kearney Hub,
and the Kearney Volunteer Fire Department, in conjunction with Kidz Explore, to
block off the west end of Platte Road in front of the FirsTier Event Center,
609 Platte Road, on April 12, 2008 from 9:00 a.m. until 5:00 p.m. and on April
13, 2008 from 12:00 p.m. until 5:00 p.m.
9.
Approve the Agreement between the City of Kearney and Wilkins Hinrichs Stober
Architects for design services for the Peterson Senior Activity Center located
at E.K. and Mary Yanney Heritage Park and approve Resolution No. 2008-36.
RESOLUTION NO.
2008-36
BE IT RESOLVED
by the President and Council of the City of Kearney, Nebraska, that the President
be and is hereby authorized and directed to execute the Agreement for design
services for the Peterson Senior Activity Center to be located at the E.K. and
Mary Yanney Heritage Park, on behalf of the City of Kearney, with Wilkins
Hinrichs Stober Architects, a copy of the Agreement, marked Exhibit “1”, is
attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2008.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
10.
Authorize Administration to negotiate with the low bidder pertaining to the
construction of Airport Road and approve Resolution No. 2008-37.
RESOLUTION
NO. 2008-37
WHEREAS, Kirkham
Michael Consulting Engineers and the City of Kearney are reviewing the two
sealed bids which were opened on March 4, 2008, at 2:00 p.m. for the
construction of Airport Road.
NOW, THEREFORE,
BE IT RESOLVED by the President and City Council of the City of Kearney,
Nebraska that in accordance with Section 16-321(7) of the Nebraska Revised
Statutes, the City Council hereby directs and authorizes the City Manager to
negotiate a contract for services, material or labor to construct the Airport
Road with the lowest responsible bidder, Paulsen, Inc. Any contract negotiated
shall be submitted to the City Council for final approval.
PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2008.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
11.
Approve the Plans and Specifications for the 2007 Part VI Improvements
consisting of Paving Improvement District No. 2008-925, Water District No.
2008-549 and Sanitary Sewer District No. 2008-491 for 9th Street Place from
west line of Block 1, Park View Estates Fourth to its terminus in a cul-de-sac;
Paving Improvement District No. 2008-926, Water District No. 2008-550 and
Sanitary Sewer District No. 2008-492 for 8th Street from the west line of Block
3, Park View Estates Fourth, to its terminus being the east line of Park View
Estates Fourth, AND TOGETHER WITH 10th Avenue from 8th Street, south to its
terminus being the south line of Park View Estates Fourth and set the bid opening date for April 1, 2008 at 2:00
p.m.
12.
Approve the Plans and Specifications for the 2008 Part III Improvements
consisting of Paving Improvement District No. 2007-915 for 14th Street from 6th
Avenue to 9th Avenue; Paving Improvement District No. 2007-916 for 9th Avenue
from 13th Street to 14th Street; Paving Improvement District No. 2007-917 for
9th Avenue from 16th Street to 19th Street and set the bid opening date for
April 1, 2008 at 2:00 p.m.
13.
Approve the application for a Special Designated License submitted by BOULEE
LLC, dba “Bico’s Sports Bar & Grill” in connection with their Class I-70918
liquor license to dispense beer, wine and distilled spirits in the Ag Pavilion
at the Buffalo County Fairgrounds, 3807 Avenue N, on March 29, 2008 from 4:00
p.m. until 11:00 p.m. for a fund raiser.
14.
Approve the application for a Special Designated License submitted by NIGHTLIFE
CONCEPTS INC., dba “Cunningham’s Journal” in connection with their Class
CK-59311 catering liquor license to dispense beer, wine and distilled spirits
in the Chuckwagon Room at the Great Platte River Road Archway Monument, East
3060 1st Street, on March 24, 2008 from 4:00 p.m. until 9:00 p.m. for the RMAC
Conference Meeting.
15.
Approve T-Hangar Lease B-2 Lease Agreement between the City of Kearney and
David Huebner for storage at the Kearney Regional Airport and approve
Resolution No. 2008-38.
RESOLUTION NO.
2008-38
BE IT RESOLVED by the President and City Council of the City of Kearney,
Nebraska, that the President be and is hereby authorized and directed to
execute the T-Hangar B-2 Lease Agreement, on behalf of the City of Kearney,
Nebraska, with David Huebner, a copy of the Agreement, marked Exhibit “1”, is
attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2008.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
16.
Approve the request submitted by Mary Bendig to conduct the 1st Annual Half
Marathon at the Trails and Rails Museum on June 22, 2008 beginning at 7:00
a.m. The route will begin at Trails and Rails Museum, west on 11th Street
to the hike/bike trail at E.K. and Mary Yanney Heritage Park, south and east on
the hike/bike trail to Avenue M, north on Avenue M to Railroad Street, west on
Railroad Street to Avenue H, north on Avenue H/Overpass to 22nd Street, west on
22nd Street to Avenue B, north on Avenue B to 24th Street, west on 24th Street
to 1st Avenue, south on 1st Avenue to Railroad Street, west on Railroad Street
to the hike/bike trail, south on the hike/bike trail to 11th Street, east on
11th Street to 9th Avenue, north on 9th Avenue to 19th Street, east on 19th
Street to 4th Avenue, south on 4th Avenue to 11th Street, east on 11th Street
to 3rd Avenue, south on 3rd Avenue to 4th Street, west on 4th Street to 6th
Avenue, north on 6th Avenue to 8th Street, east on 8th Street to 4th Avenue,
north on 4th Avenue to 15th Street, west on 15th Street to 5th Avenue, south on
5th Avenue to 11th Street, west on 11th Street and ending at the Trail and
Rails Museum.
17.
Approve the bids received for the construction of the E.K. & Mary Yanney
Heritage Park North Parking Lot Addition and approve Resolution No. 2008-39
awarding the bid to Blessing, LLC in the amount of $1,004,396.00.
RESOLUTION
NO. 2008-39
WHEREAS, Brungardt Engineering and the City of Kearney have reviewed the sealed
bids which were opened on March 4, 2008 at 2:00 p.m. for the construction of
the E.K. and Mary Yanney Heritage Park North Parking Lot Addition; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $1,156,719.30
which amount included engineering fees; and
WHEREAS, the
said engineer has recommended the bid offered by Blessing, LLC of Kearney,
Nebraska in the sum of $1,004,396.00 be accepted as the lowest responsible
bid.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska that the Engineers recommendation is hereby accepted and
approved, that Blessing, LLC of Kearney, Nebraska be and is the lowest
responsible bidder for the construction of the E.K. and Mary Yanney Heritage
Park North Parking Lot Addition to be constructed in accordance with the plans
and specifications on file with the City Clerk and that the bid of Blessing,
LLC of Kearney, Nebraska in the sum of $1,004,396.00 be and is hereby accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
the construction of the E.K. and Mary Yanney Heritage Park North Parking Lot
Addition in the amount of $1,156,719.30, which amount does not include
engineering fees, be and is hereby accepted.
BE IT FURTHER
RESOLVED that the President of the Council of the City of Kearney, Nebraska, be
and is hereby authorized and directed to execute contracts for such
improvements in accordance with the bid, plans, specifications, and general
stipulations pertaining thereto.
PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2008.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
V.
CONSENT AGENDA ORDINANCES
None.
VI.
REGULAR AGENDA
ORDINANCE NO. 7421 – VACATE
PORTION OF CRUSER AND DAVIES ADDITION (PERTAINS TO PUBLIC HEARING 1)
Council Member Clouse introduced Ordinance
No. 7421, being Subsection 1 of Agenda Item VI to vacate the east 24 feet of
Lot 18, all of Lots 19 and 20 in Block 22, Cruser and Davies Addition to the
City of Kearney, Buffalo County, Nebraska (east of Avenue M, west of Antelope
Avenue and north of 11th Street), and moved that the statutory rules requiring
ordinances to be read by title on three different days be suspended and said
ordinances be considered for passage on the same day upon reading by number
only, and then placed on final passage and that the City Clerk be permitted to
call out the number of the ordinance on its first reading and then upon its
final passage. Council Member Kearney seconded the motion to suspend the
rules. President of the Council asked for discussion or if anyone in the
audience was interested in the ordinance. No one responded. Clerk called the
roll which resulted as follows: Aye: Clouse, Buschkoetter, Lammers, Kearney.
Nay: None. Lear absent. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and adopted.
City Clerk read Ordinance No. 7421 by number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye:
Clouse, Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. Motion carried.
Ordinance was read by number.
Moved by Kearney seconded by
Lammers that Ordinance No. 7421 be passed, approved and published as required
by law. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter.
Nay: None. Lear absent. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7421 is
declared to be lawfully passed and adopted upon publication in pamphlet form
and made available to the public at the Office of the City Clerk, the Kearney
Police Department and the Kearney Public Library.
ORDINANCE NO. 7422 – REZONING EAST
OF AVENUE M, WEST OF ANTELOPE AVENUE AND NORTH OF 11TH STREET (PERTAINS TO
PUBLIC HEARING 1)
Council Member Clouse introduced
Ordinance No. 7422, being Subsection 2 of Agenda Item VI to rezone from
“District AG, Agricultural District” to “District M-1, Limited Industrial
District” property described as a tract of land being part of the South Half of
the Southeast Quarter of the Southwest Quarter of Section 6, Township 8 North,
Range 15 West of the 6th P.M., containing 8.21 acres, more or less, Buffalo
County, Nebraska (east of Avenue M, west of Antelope Avenue and north of 11th
Street), and moved that the statutory rules requiring ordinances to be read by
title on three different days be suspended and said ordinances be considered
for passage on the same day upon reading by number only, and then placed on
final passage and that the City Clerk be permitted to call out the number of
the ordinance on its first reading and then upon its final passage.
Council Member Kearney seconded the motion to suspend the rules. President of
the Council asked for discussion or if anyone in the audience was interested in
the ordinance. No one responded. Clerk called the roll which resulted as
follows: Aye: Clouse, Buschkoetter, Lammers, Kearney. Nay: None. Lear absent.
Motion to suspend the rules having been concurred in by three-fourths of the
City Council, said motion was declared passed and adopted. City Clerk read
Ordinance No. 7422 by number. Roll call of those in favor of the passage of
said ordinance on the first reading resulted as follows: Aye: Clouse,
Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. Motion carried.
Ordinance was read by number.
Moved by Kearney seconded by
Lammers that Ordinance No. 7422 be passed, approved and published as required
by law. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney,
Buschkoetter. Nay: None. Lear absent. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7422 is
declared to be lawfully passed and adopted upon publication in pamphlet form
and made available to the public at the Office of the City Clerk, the Kearney
Police Department and the Kearney Public Library.
ORDINANCE NO. 7423 – AMEND SECTION
3-101 OF CITY CODE (PERTAINS TO PUBLIC HEARING 4)
Council Member Buschkoetter
introduced Ordinance No. 7423, being Subsection 3 of Agenda Item VI to amend
Section 3-101 “Signs; Title of Article 1 “Signs” of ”Chapter 3 “Business
Regulations” of the Code of the City of Kearney to reference additional sign
regulations pertaining to zoning are provided in Chapter 50 “Sign Regulations”
of the City Code, and moved that the statutory rules requiring ordinances to be
read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the
number of the ordinance on its first reading and then upon its final
passage. Council Member Clouse seconded the motion to suspend the rules.
President of the Council asked for discussion or if anyone in the audience was
interested in the ordinance. No one responded. Clerk called the roll which
resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None.
Lear absent. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and adopted.
City Clerk read Ordinance No. 7423 by number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye:
Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.
Ordinance was read by number.
Moved by Clouse seconded by
Kearney that Ordinance No. 7423 be passed, approved and published as required
by law. Roll call resulted as follows: Aye: Clouse, Kearney,
Buschkoetter, Lammers. Nay: None. Lear absent. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7423 is
declared to be lawfully passed and adopted upon publication in pamphlet form
and made available to the public at the Office of the City Clerk, the Kearney
Police Department and the Kearney Public Library.
ORDINANCE NO. 7424 – AMEND CHAPTER
50 OF CITY CODE (PERTAINS TO PUBLIC HEARING 4)
Council Member Lammers introduced
Ordinance No. 7424, being Subsection 4 of Agenda Item VI to amend Chapter 50
“Sign Regulations” of the Code of the City of Kearney as follows: Section
50-101 to reference additional sign regulations are provided in Chapter 3
“Business Regulations”; Section 50-102 to define City of Kearney Outdoor
Advertising Sign Registry, to clarify that Electronic Information Signs pertain
to on-premise signs, and to define Electronic Changeable Message Sign; Section
50-106 to delete Paragraphs A and B pertaining to conformance required and
maintenance and to change the time limit for nonconformance and amortization of
premise identification signs to 12 months for the amount of time a sign can
remain unused without advertising; add a new Section 50-113 entitled “Outdoor Advertising
Signs” providing for requirements for conformance, maintenance, maintenance for
nonconforming signs, reconstruction and modification of existing nonconforming
outdoor advertising signs, modifications to existing nonconforming outdoor
advertising signs and electronic changeable message signs; to renumber the
current Section 50-113 to Section 50-114 entitled “Outdoor Advertising Signs;
Regulations for New Installations”, to delete the reference to Table 50-4 and
to prohibit stacked signs or two signs facing the same direction on a single
structure, to allow double-faced, back-to-back signs, to prohibit side-by-side
signs, and to require the sign owner to maintain the area around the base of
the sign and to landscape said area; to renumber the current Section 50-114 to
Section 50-115 entitled “Sign Master Plan for Large Projects”, and to amend
Table 50-4 to delete the reference to Districts C-2 and C-3 and to include the
amendments as approved in the public hearing, and moved that the statutory
rules requiring ordinances to be read by title on three different days be
suspended and said ordinances be considered for passage on the same day upon
reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member Buschkoetter seconded the
motion to suspend the rules. President of the Council asked for discussion or
if anyone in the audience was interested in the ordinance. No one responded.
Clerk called the roll which resulted as follows: Aye: Clouse, Lammers, Kearney,
Buschkoetter. Nay: None. Lear absent. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared passed
and adopted. City Clerk read Ordinance No. 7424 by number. Roll call of those
in favor of the passage of said ordinance on the first reading resulted as
follows: Aye: Clouse, Lammers, Kearney, Buschkoetter. Nay: None. Lear absent.
Motion carried. Ordinance was read by number.
Moved by Buschkoetter seconded by
Clouse that Ordinance No. 7424 be passed, approved and published as required by
law. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter,
Lammers. Nay: None. Lear absent. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7424 is
declared to be lawfully passed and adopted upon publication in pamphlet form
and made available to the public at the Office of the City Clerk, the Kearney
Police Department and the Kearney Public Library.
MANAGER APPLICATION FOR VFW
Moved by Clouse seconded by
Kearney to remove from the table the Manager Application for Jeffrey Cuddeford
submitted by the Veterans FW 759 in connection with their Class C-09025 liquor
license located at 2215 1st Avenue. Roll call resulted as follows: Aye: Clouse,
Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. Motion carried.
There was no representation.
Mayor Clouse stated that since
Mr. Cuddeford was not present, he recommended denying the application. He
asked if Chief Lynch had anything to add from the last Council meeting which he
did not. City Clerk stated that Mr. Cuddeford was notified two more times
since the last meeting, but did not reply. Council member Buschkoetter asked if
the Liquor Commission needed to be notified of the reason for their decision to
deny. City Clerk stated they would receive the Police Report on Mr.
Cuddeford and the lack of his attendance as the basis for the denial.
Moved by Lammers seconded by
Buschkoetter to deny the Manager Application for Jeffrey Cuddeford submitted by
the Veterans FW 759 in connection with their Class C-09025 liquor license
located at 2215 1st Avenue. Roll call resulted as follows: Aye: Clouse,
Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. Motion carried.
MANAGER APPLICATION FOR PUMP &
PANTRY #27
Mayor Clouse opened for
discussion the Manager Application for Joleen Linder submitted by BOSSELMAN
INC., dba “Pump & Pantry 27” in connection with their Class D-25700 liquor
license located at 4311 2nd Avenue.
Tom Urbanek, who is in charge of
security and compliance operations for Bosselman’s, presented this matter to
the Council. He stated that Ms. Linder was unable to attend this meeting. They
take an aggressive and proactive approach when it comes to preventing the sale
of tobacco and alcohol to minors. They have had very good luck in accomplishing
that. All of their cashiers are thoroughly trained before they are allowed
to operate the cash register. Their cash registers prompt the cashier when
there is an alcohol or tobacco sale to enter the birth date of that customer.
They also do their own internal compliance checks. They also have a third party
that does compliance checks for them, as well as law enforcement. They have a
zero tolerance policy for any cashiers that fail any compliance checks either
external or internal.
Mayor Clouse stated although it
is unusual to not have the manager present, Ms. Linder was just here a month or
two ago to present for another of their locations. Ms. Linder would now
have all the licenses for each of the Pump & Pantry locations in
Kearney. Mr. Urbanek stated the direction the corporation is moving is to
consolidate many of those under their district supervisors due to the number of
locations. They want an upper level management person who would be in
charge of those facilities so they don’t have so many licenses under so many
different people’s names.
Moved by Clouse seconded by Kearney
to approve the Manager Application for Joleen Linder submitted by BOSSELMAN
INC., dba “Pump & Pantry 27” in connection with their Class D-25700 liquor
license located at 4311 2nd Avenue. Roll call resulted as follows: Aye: Clouse,
Lammers, Kearney, Buschkoetter. Nay: None. Lear absent. Motion carried.
OPEN ACCOUNT CLAIMS - PLATTE
VALLEY STATE BANK - $44,262.64, NPPD - $1,371.58, STAN CLOUSE - $166.40
Moved by Kearney seconded by Lammers
that Open Account Claims in the amount of $44,262.64 payable to Platte Valley
State Bank, in the amount of $1,371.58 payable to Nebraska Public Power
District, and in the amount of $166.40 payable to Stan Clouse be allowed. Roll
call resulted as follows: Aye: Buschkoetter, Kearney, Lammers. Nay: None.
Clouse abstained. Lear absent. Motion carried.
VII.
REPORTS
HOUSING STUDY
Assistant City Manager Amber
Brown invited the Council and the public to attend one of seven focus groups as
a part of the housing study that is being done countywide for Buffalo
County. The date is Monday, March 24, Tuesday, March 25 and Wednesday,
March 26 at different times of the day and at different locations. There
will be one session in each community in Buffalo County. The purpose of
the focus group is to get input about the housing needs and challenges in the
communities within Buffalo County. The results of the focus groups will
be combined with their phone surveys and a report will be compiled. There
is information about the meeting times on Channel 6 and Ms. Brown has brochures
and information available.
UPDATE ON LB 1096
City Manager Michael Morgan
stated that LB 1096 has passed regarding the fulltime fire chief requirements.
The population requirement was raised to 37,500 and the City Manager form of
government amendment was included to reflect that the oversight of the fire
chief would be at the discretion of the City Manager.
VIII.
ADJOURN
Moved by seconded by Buschkoetter
that Council adjourn at 8:02 p.m. Roll call resulted as follows: Aye: Clouse,
Buschkoetter, Lammers, Kearney. Nay: None. Lear absent. Motion carried.
STANLEY A. CLOUSE
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK