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Kearney, Nebraska

September 12, 2006

7:00 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on September 12, 2006 in the Council Chambers at City Hall.  Present were: Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent: None.  Michael Tye, City Attorney; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Michael Morgan, City Manager and Amber Brown, Assistant to City Manager were absent. Some of the citizens present in the audience included: Gene McElhinney, Larry Butler, Mitch Humphrey, Tanis Hall Goedert, Jim Goedert, Jerry Thompson, Brad Norton, Reed Miller, Craig Bennett, Richard Stacy, Terry Eirich, Todd Walton, Arron Adams, Mason Dendinger, Carroll Sheldon, Chris Wissing, Dean Slingsby, Vanessa Graf, Lori Protroez, Paul Wice from KGFW Radio and students from UNK.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Reverend Ken Fairbrother from Countryside Christian 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 Hadley 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 – OUTGOING BOARD MEMBERS

 

Mayor Hadley and Council Members recognized and presented a Service Award to the following outgoing board members: Tim Weides, Advisory Board of Cable Commissioners; Alan Jenkins, Advisory Board of Cable Commissioners; Norris Marshall, Airport Advisory Board; John Rademacher, Board of Adjustment; Gerald Dulitz, Civil Service Commission; Tanis Hall-Goedert, Downtown Improvement Board; Andy Hanson, Golf Advisory Board; Elda Rodgers, Golf Advisory Board; Mary Henning, Library Advisory Board; Lorin Downing, Planning Commission.

 

RECOGNITION – FIREFIGHTERS COMPLETING FIREFIGHTER 1 COURSE

 

Mayor Hadley and Council Members recognized the firefighters of the Kearney Volunteer Fire Department for completing Firefighter 1 Course. These individuals have dedicated a minimum of 120 hours in this course alone. In addition to the Firefighter 1 Course, these individuals are continuously training with other firefighters at monthly and specialty trainings. Those firefighters completing the Firefighter 1 Course are Arron Adams and Mason Dendinger.

 

ORAL COMMUNICATIONS – CARROLL SHELDON

 

Carroll Sheldon requested to give a 5-minute presentation on the upcoming hearing by the Governor on the Water Cooperative Agreement.  He is on the Central Platte NRD which goes from Columbus to Gothenburg.  The maintenance and allotment of the water, fertilizer, tree planting and flood control are the functions of the 23 NRDs across the state.  They believe that this is the way to keep control of these functions and keep the management at home.  He read the following letter by Nebraskans First Executive Director, Don Adams. 

  • In evaluating any government regulatory program, Nebraskans First begins with the fundamental premise that irrigation provides the lifeblood of this state’s number on industry – agriculture.
  • Irrigated agriculture is what we do better than anyone else in the world.  It is our heritage and legacy built over a century through the courage and hard work of our forefathers.
  • Irrigated agriculture generates 4.5 billion dollars to our state’s economy, and one of every three jobs in Nebraska is derived from agriculture.
  • Every community all up and down this Platte Valley was built and is now sustained by the dollars generated by irrigated agriculture.
  • Therefore, irrigated agriculture must be defended, encouraged and enhance rather than being targeted and assailed as a problem.
  • There is little doubt that the Cooperative Agreement will adversely impact irrigation and therefore our state’s economy as Phases II and III are implemented.
  • The Cooperative Agreement seeks over several decades to drag us back into the 19th Century predevelopment era, through a re-engineering of the Platte River that involves massively increasing and retiming river flows to, over time, replicate how the Platte was 150 years ago before reservoirs, canals and irrigation existed.
  • This is all being proposed to allegedly improve habitat for the whooping crane, least tern, piping plover and pallid sturgeon.
  • However, (1) least terns are all over the place; east coast, west coast, gulf coast as wells as Eurasia, Africa and Australia.  (2)  The pallid sturgeon has never ever been in the Platte River…the Missouri and Mississippi Rivers, yes, the Platte, no. (3) In 2005 the US District Court for Nebraska threw out the critical habitat for the piping plover. (4) Regarding the whooping crane, on average less than 1% of the population of migrating whoppers uses the central Platte River designated as critical habitat.  Typically, one or two are confirmed spotted during the spring migration.  Consider this; back in 1970 there were only 56 migrating whooping cranes.  Today, this number has quadrupled to 220 under current management of the Platte River .
  • Conclusion:  The species are doing quite well without the Cooperative Agreement program.
  • Right now under LB 962 the entire Platte Valley in Nebraska Has been declared fully or over appropriated.  What this means is that there is no surplus water available for any purpose.  There is no way new flows targeted by Phases II and III of the Cooperative Agreement program can ever be attained without a major hit on current irrigation.  Such a hit would devastate our state’s economy.
  • According to a recent study conducted by noted economist Dr. Charles Lamphear, every irrigated acre of cropland in Nebraska adds $560 to our economy.  If the Cooperative Agreement target flows are ultimately achieved (417.000 acre feet), the overall hit to our economy could be in the neighborhood of 265-280 million dollars every year.  Everybody seems so concerned about the cost of offsetting new depletions since 1997.  But this number pales to the annual hit our state economy would suffer if the Cooperative Agreement program flows are taken from agriculture.
  • Considering the tough, trying times Nebraska irrigators are now enduring with the prolonged drought, low commodity prices, high energy costs, compliance with the Kansas lawsuit settlement agreement and ramped up regulation under LB 962, piling on them now with this massive Cooperative Agreement program would be extreme and excessive regulation.
  • It is important to recognize that the Cooperative Agreement program is a multi-phase program.  Phase I is what has been presented.  Phases II and III which will kick in 15-20 years from now will be thrust in the laps of our kids and grandkids.  It is a program that will keep on taking and controlling.
  • The Cooperative Agreement is all about reducing irrigated acres in Nebraska.  It is an overblown, prohibitively costly and unnecessary program.  There are other ways to meet the goals of the Cooperative Agreement that will not harm Nebraska irrigation and our economy.  For some reason, these options have been given short shrift.
  • Once signed by the governor, the Cooperative Agreement will hand over control of the Platte River to the Fish and Wildlife Service forever.  They will hold all the cards under what they call “adaptive management”.  There is no end game to the program.  The Dish and Wildlife Service will become our water master, the very same Fish and Wildlife Service that devastated the timber industry in the northwest for the spotted owl.
  • Is this really what we want for Nebraska?  Let us not be the generation that hands over our heritage and soul to the Fish and Wildlife Service.
  • Aside from some environmental groups, nobody I’ve talked to over the past ten years likes the Cooperative Agreement.  What is driving them to accept it is FEAR of what the Fish and Wildlife Service might do if we don’t agree to it.  This is coercion, not cooperation.  We must not agree to such a life altering, economy stifling program based on FEAR of our own federal government.

 

·         Nebraska’s record with multi-state compacts has been less than stellar:

    • 1943 Republican River Compact Settlement Agreement has put

      Nebraska irrigators in the valley in dire straits.

    • 1980’s Central Interstate Low Level Radioactive Waste Compact

       blew up on us to the tune of nearly 150 million dollars.

          The Cooperative Agreement could be even worse.

  • The whole thing is not yet a done deal. We respectfully call on Governor Heineman to team up with our two US Senators and three Congressmen and go inform the Secretary of the Interior that the Cooperative Agreement, as currently proposed, is not workable in Nebraska that there are other ways to address the issue without harming Nebraska irrigated agriculture.

 

Mayor Hadley thanked Mr. Sheldon for the information he provided the Council.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

AMEND LAND USE MAP – NORTH OF 35TH STREET AND WEST OF COUNTRY CLUB LANE

 

Public Hearings 1, 2, 3 and 4 were discussed together but voted on separately.

 

Moved by Hadley seconded by Kearney to remove from the table the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Low Density Residential” to “Medium Density Residential” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 8.62 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Mayor Hadley opened the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Low Density Residential” to “Medium Density Residential” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 8.62 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane) and to consider approval of Resolution No. 2006-135.

 

The applicant is requesting approval to zone and plat a tract of land that is approximately 9.81 acres located north of 35th Street and west of Country Club Lane.  The proposed use is a residential subdivision containing single-family and duplex lots. Lot 3, Block 1 of J.N. Addition must be vacated to replat this property as Aspen Meadows. The Future Land Use Map of the City of Kearney Comprehensive Development Plan shows this area to be “Low Density Residential.” The area proposed for duplex development (8.62 acres) must be amended to “Medium Density Residential”, the corresponding land use category for the requested zoning of R‑2.  The remainder of the area will remain Low Density Residential. The rezoning request is from Agricultural to R-1, Urban Residential Single‑Family District for 1.19 acres and from Agricultural and R-1 to R-2 for 8.62 acres. 

 

The Preliminary and Final Plat, to be known as Aspen Meadows, consist of 29.39 acres and 9.81 acres respectively. The Preliminary Plat was approved by Planning Commission on July 21, 2006.  The platting provides for northward extension of Country Club Lane; however, the project will be built in phases so the connection between 35th Street and 39th Street will not be completed until the final phase.  A Public Works Plan has been submitted.  A Subdivision Agreement has been prepared. 

 

Large diameter storm sewer pipe is required in Country Club Lane. Improvement districts will be created and the subdivision agreement allocates cost sharing between the Owner and the City for oversizing for the storm sewer as follows: 

 

The current policy for paying for storm water improvements is as follows:

  • Pipes to 24” – Owner pays 100%
  • Pipes 24” to 48” – City pays for the difference between 24” to 48”
  • Pipes larger than 48” – Owner pays the difference between 48” and larger

 

Based on the issues listed below, the City has agreed to make an exception to the general storm drainage financing policy for this development as follows:  Pipes larger than 48” – Owner and the City will split the cost equally.

Reasons for the exception include:

  • In this area, the City would prefer not to have retention/detention cells.
  • In this area, the City would prefer not to have an open ditch drainage system along Country Club Lane.
  • The City wants to see the completion of in-fill development.
  • There is an adequate storm drainage system that this area could drain to.
  • This development would result in the extension of Country Club Lane to 39th Street.

 

This subdivision is contiguous to the corporate limits and public services are available.  Therefore, this property shall be included within the corporate boundaries of the City.

 

Craig Bennett from Miller & Associates presented this matter to the Council. This proposal is the way to bring this parcel within the City limits of Kearney and to zone it.  To the east of this subdivision, there are some residential single family homes and to the west are some duplexes and an undeveloped lot. Along the south side of the subdivision is 35th Street where there are residential single family homes.  This was plotted with the Camelot Subdivision, Lots 1, 2, 3, 4.  This plan is to extend Country Club Lane from the currently platted Country Club Lane and tie it into 39th Street and continue it into Lighthouse Point. 

 

Mr. McElhinney is the developer of this subdivision and is proposing Lots 1-10 along the south side of the subdivision to be R-1.  He is proposing in the backyards of those there would be some transitional zoning with some very upscale duplexes on 14 lots.  Then it would transition into residential R-1 homes which will fill out the rest of this subdivision in a future phase.  This will allow 37th Street to tie into the current 37th Street to the west which would continue with lots that would back up and wrap around.  Mr. McElhinney is trying to optimize some of the terrain and contour of the land.  He will be creating some walk out basements utilizing the ridge.  There will be a cul-de-sac and eyebrow to take some of the traffic off Country Club Lane and eliminate driveways opening on to it.  They want to maintain the residential complexity, but also still have it be user friendly and available for people to drive through there. 

 

Country Club Lane will be connected to the drainage system in the area where there is now a draw.  They plan to do some extensive grading for drainage into pipe.  The plan is to tie into the existing sanitary sewer line along Country Club Lane.  Mr. Brandt, who owns the adjacent property to the east, has been made aware of the assessments and has been working with them on this parcel. 

 

Council member Clouse asked about emergency vehicle access to the area.  Mr. Bennett stated that they met with the DRT and discussed if fire trucks would be able to maneuver in and out and if they have long enough hose lengths.  With this layout, they will be able to address those issues. 

 

Council member Buschkoetter noted that the Planning Commission referenced the detention cell and using the lake associated with the Lighthouse Point Homeowners Association.  Mr. Bennett stated they have recently met with the homeowner’s association board and DT Development (another owner) and proposed to them use of their lake which was designed to handle all the upstream water in this water shed when it was designed for the 10-year storm.  Since they do own the lake, they would need to give permission to allow their storm water to go into that particular lake.  This is currently under negotiations, but believed they had a successful meeting with them and things seemed positive in their response.  There are still some details to be worked out, such as if there will be a contribution one way or the other. 

 

If they do not reach an agreement with Lighthouse Point and DT Development, he stated that it will not hinder their subdivision. They would eliminate one of the residential lots. There is a lot on the north end of the subdivision that is not a buildable lot and could be left open where they would have underground pipe that would continue along Country Club Lane and outlet into this lot.  If they need to use one of the residential lots for detention that unbuildable lot would still be left open allowing water to change from a collected pipe system into an open channel and reduce some of the flow velocities through there.  If that were done, it would look very much like it does now because of all the rain we have recently had.  It would be a cell that water would go into for a 10-year storm and be what they call a “dry cell”.  Water will go into it and drain out at a slower rate so the current use being grass or undeveloped has a lower impervious rate than when it was developed. 

 

This would still flow north to Lighthouse Point; the downstream neighbors will have to continue to take the run on that as the natural drainage that this area has for this particular watershed and basin.  The negotiation only involves if they can use the 10-year detention storm cell storage (dry cell).  The purposes of having a cell to capsulate that increased run off for a short duration is the negotiation point; however, if not they will dedicate another lot to hold that detention cell.

 

Mayor Hadley stated that one of the reasons for the exception they made on the payment of the storm sewer involves the extension of Country Club Lane to 39th Street.  He asked if there is a time frame.  Mr. Bennett stated that Mr. McElhinney has a pretty aggressive business plan approach to this.  The first phase is what is proposed for construction to start this fall for water, sewer and paving for Country Club Lane and 35th Street.  Over the course of the next year, he plans to extend Country Club Lane, but was not sure how far that phase extended.   The master plan is to go all the way to 39th Street. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Low Density Residential” to “Medium Density Residential” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 8.62 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane) and approved Resolution No. 2006-135. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-135

 

            WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land located on part of the Northeast Quarter of Section 34, Township 9 north, Range 16 west, 6th Principal Meridian, City of Kearney, Buffalo County, Nebraska, more particularly described as follows:  Referring to the northeast corner of said northwest quarter; thence S0°38’59”W along the east line of said Northwest Quarter a distance of 40.00 feet to the southerly right-of-way of 39th Street as platted in said City of Kearney and the northwest corner of Lot 1, Block 1, Altmaier Acres Subdivision in the City of Kearney, Buffalo County, Nebraska; thence continuing S0°38’59”W along said east line and the west line of said Altmaier Acres Subdivision a distance of 592.00 feet to the northeast corner of Lot 1, Camelot Fourth Addition to the City of Kearney, Buffalo County, Nebraska; thence S71°21’09”W along the north line of said Lot 1 a distance of 541.75 feet to the westerly right-of-way of Country Club Lane as plated on said Camelot Fourth Addition and the True Point of Beginning; thence S19°11’52”E along said westerly right-of-way a distance of 215.89 feet; thence continuing along said westerly right-of-way southerly along a curve to the right having a central angle of 16°51’58”, an arc length of 137.06 feet, a radius of 467.00 feet and a chord bearing of S09°35’50”E; thence S75°48’44”W a distance of 318.29 feet; thence N89°33’51”W a distance of 599.03 feet to the east line of Lot 9, Block 4, Meadowlark Estates Addition to the City of Kearney, Buffalo County, Nebraska; thence N00°43’25”E along said east line a distance of 330.00 feet; thence S89°33’51E a distance of 496.28 feet; thence N79°34”44”E a distance of 138.02 feet; thence N70°47’27”E a distance of 185.00 feet to the Point of Beginning, said tract containing 8.62 acres, more or less, all in Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane), from “Low Density Residential” to “Medium Density Residential”, and

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

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

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Low Density Residential” to “Medium Density Residential” the use classification for the area described as a tract of land located on part of the Northeast Quarter of Section 34, Township 9 north, Range 16 west, 6th Principal Meridian, City of Kearney, Buffalo County, Nebraska, more particularly described as follows:  Referring to the northeast corner of said northwest quarter; thence S0°38’59”W along the east line of said Northwest Quarter a distance of 40.00 feet to the southerly right-of-way of 39th Street as platted in said City of Kearney and the northwest corner of Lot 1, Block 1, Altmaier Acres Subdivision in the City of Kearney, Buffalo County, Nebraska; thence continuing S0°38’59”W along said east line and the west line of said Altmaier Acres Subdivision a distance of 592.00 feet to the northeast corner of Lot 1, Camelot Fourth Addition to the City of Kearney, Buffalo County, Nebraska; thence S71°21’09”W along the north line of said Lot 1 a distance of 541.75 feet to the westerly right-of-way of Country Club Lane as plated on said Camelot Fourth Addition and the True Point of Beginning; thence S19°11’52”E along said westerly right-of-way a distance of 215.89 feet; thence continuing along said westerly right-of-way southerly along a curve to the right having a central angle of 16°51’58”, an arc length of 137.06 feet, a radius of 467.00 feet and a chord bearing of S09°35’50”E; thence S75°48’44”W a distance of 318.29 feet; thence N89°33’51”W a distance of 599.03 feet to the east line of Lot 9, Block 4, Meadowlark Estates Addition to the City of Kearney, Buffalo County, Nebraska; thence N00°43’25”E along said east line a distance of 330.00 feet; thence S89°33’51E a distance of 496.28 feet; thence N79°34”44”E a distance of 138.02 feet; thence N70°47’27”E a distance of 185.00 feet to the Point of Beginning, said tract containing 8.62 acres, more or less, all in Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane).

            PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

REZONING – NORTH OF 35TH STREET AND WEST OF COUNTRY CLUB LANE

 

Moved by Hadley seconded by Kearney to remove from the table the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) to rezone from “District AG, Agricultural District” and “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2, Urban Residential Multi Family District (Medium Density)” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 8.62 acres, more or less, Buffalo County, Nebraska; AND to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single Family District (Low Density)” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 1.19 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Mayor Hadley opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) to rezone from “District AG, Agricultural District” and “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2, Urban Residential Multi Family District (Medium Density)” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 8.62 acres, more or less, Buffalo County, Nebraska; AND to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single Family District (Low Density)” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 1.19 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane).

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) to rezone from “District AG, Agricultural District” and “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2, Urban Residential Multi Family District (Medium Density)” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 8.62 acres, more or less, Buffalo County, Nebraska; AND to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single Family District (Low Density)” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 1.19 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane). Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

FINAL PLAT – ASPEN MEADOWS

 

Moved by Hadley seconded by Kearney to remove from the table the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) for final plat and Subdivision Agreement approval for “ASPEN MEADOWS” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 9.81 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Mayor Hadley opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) for final plat and Subdivision Agreement approval for “ASPEN MEADOWS” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 9.81 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane) and to consider approval of Resolution No. 2006-136.

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) for final plat and Subdivision Agreement approval for “ASPEN MEADOWS” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 9.81 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane) and approve Resolution No. 2006-136. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-136

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “ASPEN MEADOWS” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 9.81 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 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 12TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

INCLUDE INTO CITY LIMITS – NORTH OF 35TH STREET AND WEST OF COUNTRY CLUB LANE

 

Moved by Hadley seconded by Kearney to remove from the table the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) for the inclusion into the City limits of “ASPEN MEADOWS” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 9.81 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Mayor Hadley opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) for the inclusion into the City limits of “ASPEN MEADOWS” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 9.81 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane) and to consider approval of Resolution No. 2006-137.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) for the inclusion into the City limits of “ASPEN MEADOWS” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 9.81 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane) and approve Resolution No. 2006-137. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-137

 

            WHEREAS, an Application has been submitted by Craig Bennett from Miller & Associates (Applicant) for Gene McElhinney, Ronald and Nancy Larsen, Trustees (Owner) for the inclusion of “ASPEN MEADOWS” an addition within the corporate boundaries of the City of Kearney said property described as a tract of land located on part of the Northeast Quarter of Section 34, Township 9 north, Range 16 west, 6th Principal Meridian, City of Kearney, Buffalo County, Nebraska, more particularly described as follows:  Referring to the northeast corner of said northwest quarter; thence S0°38’59”W along the east line of said Northwest Quarter a distance of 40.00 feet to the southerly right-of-way of 39th Street as platted in said City of Kearney and the northwest corner of Lot 1, Block 1, Altmaier Acres Subdivision in the City of Kearney, Buffalo County, Nebraska; thence continuing S0°38’59”W along said east line and the west line of said Altmaier Acres Subdivision a distance of 592.00 feet to the northeast corner of Lot 1, Camelot Fourth Addition to the City of Kearney, Buffalo County, Nebraska; thence S71°21’09”W along the north line of said Lot 1 a distance of 541.75 feet to the westerly right-of-way of Country Club Lane as plated on said Camelot Fourth Addition and the True Point of Beginning; thence S19°11’52”E along said westerly right-of-way a distance of 215.89 feet; thence continuing along said westerly right-of-way southerly along a curve to the right having a central angle of 16°51’58”, an arc length of 137.06 feet, a radius of 467.00 feet and a chord bearing of S09°35’50”E; thence S75°48’44”W a distance of 318.29 feet; thence N89°33’51”W a distance of 599.03 feet to the east line of Lot 9, Block 4, Meadowlark Estates Addition to the City of Kearney, Buffalo County, Nebraska; thence N00°43’25”E along said east line a distance of 330.00 feet; thence S89°33’51E a distance of 496.28 feet; thence N79°34”44”E a distance of 138.02 feet; thence N70°47’27”E a distance of 185.00 feet to the Point of Beginning, said tract containing 8.62 acres, more or less, all in Buffalo County, Nebraska AND a tract of land located on part of the Northeast Quarter of the Northwest Quarter, of Section 34, Township 9  north, Range 16 west, 6th Principal Meridian, City of Kearney, Buffalo County, Nebraska, more particularly described as follows:  Referring to the northeast corner of said Northwest Quarter; thence S0°38’59”W along the east line of said  Northwest quarter a distance of 40.00 feet to the southerly right-of-way of 39th Street as platted in said City of Kearney and the northwest corner of Lot 1, Block 1, Altmaier Acres Subdivision in the City of Kearney, Buffalo County, Nebraska; thence continuing S0°38’59”W along said west line of said Altmaier Acres Subdivision a distance of 592.00 feet to the northeast corner of Lot 1, Camelot Fourth Addition to the City of Kearney, Buffalo County, Nebraska; thence S71°21’09”W along the north line of said Lot 1 a distance of 541.75 feet to the westerly right-of-way of Country Club Lane as platted on said Camelot Fourth Addition; thence S19°11’52”E along said westerly right-of-way a distance of 215.89 feet; thence continuing along said westerly right-of-way southerly along a curve to the right having a central angle of 19°13’24”, an arc length of 156.32 feet, a radius of 466.00 feet and a chord bearing of S09°35’50”E to the True Point of Beginning; thence continuing along said westerly right-of-way S0°00’52”W a distance of 123.00 feet to the northerly right-of-way of 35th Street as platted in said City of Kearney; thence N89°59’08”W along said northerly right-of-way a distance of 10.52 feet; thence westerly continuing along said northerly right-of-way along a curve to the left having a central angle of 23°30’08”, an arc length of 120.29 feet, a radius of 283.00 feet and a chord bearing of S78°57’41”W; thence continuing along said northerly right-of-way S65°40’28”W a distance of 100.00 feet; thence continuing along said northerly right-of-way along a curve to the right having a central angle of 24°41’00”, an arc length of 93.98 feet, a radius of 217.00 feet, and a chord bearing of S78°00’57”W;  Thence continuing along said northerly right-of-way N89°34’14”W a distance of 50.00 feet to the southeast corner of Lot 3, Block 1, J. N. Addition of Kearney, Buffalo County, Nebraska, now vacated; thence N00°37’47”E along the east line of said vacated lot a distance of 150.00 feet; thence S89°33’51”E a distance of 49.33 feet; thence N75°48’44”E a distance of 318.29 feet to said westerly right-of-way of Country Club Lane; thence southerly along a curve to the right having a central angle of 02°21’26”, an arc length of 19.23 feet and a radius of 467.00 feet to the Point of Beginning, said tract containing 1.19 acres, more or less, all in Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on July 21, 2006 on the inclusion of “ASPEN MEADOWS” 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 “ASPEN MEADOWS” 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 September 12, 2006 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the land to be platted as “ASPEN MEADOWS” 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 “ASPEN MEADOWS” 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 12TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

REZONING – EAST SIDE OF 6TH AVENUE AND 47TH STREET PLACE

 

Mayor Hadley opened the public hearing on the Application submitted by Gregg Johnson from Johnson Imperial Home Co. (Applicant and Owner) to rezone from “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2, Urban Residential Mixed Density District” property described as Lots 5 through 16, inclusive, of Block 3, Windsor Estates Seventh Addition to the City of Kearney, Buffalo County, Nebraska (east side of 6th Avenue and 47th Street Place).

 

The applicant is requesting approval to zone a tract of land from District R-1, Urban Single‑Family District to District R-2, Urban Residential Mixed Density District.  The proposed use is duplex development.  The property was previously subdivided as Lots 5 through 16 of Block 3, Windsor Estates Seventh Addition.  This land is located roughly between the church and the Red Cross building on the east side of 6th Avenue.

 

The platted lots average 90 feet in width, 105 feet on the corner, which is wide enough for individual duplexes; however, the applicant would like to develop the entire tract with multiple buildings by using the legal description for all the lots as one tract.  This approach requires a Planned Zoning District for multiple buildings on a single tract of land.  Therefore, the requested rezoning should be amended from R-2 to R-2/PD.  Planning Commission endorses this amendment in their recommendation.  Development Plans can be submitted at a later date.  The buildings will be owned under condominium law with the open space held in common.

 

Chris Wissing presented this matter to the Council.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Kearney to close the hearing and approve the Application submitted by Gregg Johnson from Johnson Imperial Home Co. (Applicant and Owner) to rezone from “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2, Urban Residential Mixed Density District” property described as Lots 5 through 16, inclusive, of Block 3, Windsor Estates Seventh Addition to the City of Kearney, Buffalo County, Nebraska (east side of 6th Avenue and 47th Street Place). Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

REZONING – WEST OF 14TH AVENUE, EAST OF 15TH AVENUE AND NORTH OF 22ND STREET

 

Mayor Hadley opened the public hearing on the Application submitted by Richard Stacy from Miller & Associates (Applicant) and Dean Slingsby, Trustee of the Slingsby Family Trust (Owner) to rezone from “District C‑2/ND-1, Community Commercial District/ Pioneer Park Neighborhood Conservation Overlay District” to “District C-2, Community Commercial District” property described as the south 49 feet of Lot 2, all of Lots 3, 4, 5, 6, 7, 8, 9, 10, and the south 49 feet of Lot 11, all in Block 9, Kearney Land and Investment Company’s Second Addition to the City of Kearney, Buffalo County, Nebraska, together with the vacated alley located between said lots, excepting therefrom the west 92 feet of Lot 7 and the west 92 feet of the south 30 feet of Lot 8 of Block 9 thereof (west of 14th Avenue, east of 15th Avenue and north of 22nd Street).

 

The applicant is requesting approval to zone a tract of land from District C-2/ND-1, Community Commercial District with the Pioneer Park Neighborhood Conservation Overlay District attached to District C-2.  In simple terms, the applicant would like to remove the overlay district from the base zone.  A manufactured home court currently occupies this property.  The applicant is proposing a 20-unit efficiency apartment complex on this site.  Planned District zoning is not required as the proposed density is below the threshold of 36 units that requires a planned district. 

 

You will recall that the ND-1 overlay district was created as part of the Unified Land Development Ordinance at the request of the residents in the Pioneer Park neighborhood.  There was some concern over the conversion of existing single-family homes into multiple unit dwellings – so called apartment conversions.  The neighbors wanted to maintain the single‑family character of the neighborhood to the degree possible through the use of zoning.  The ND-1 overlay basically prohibits new apartment development within 300 feet of any existing multi-family development and caps the density of any new multi-family development at 12 units. 

 

In this case, the applicant’s property is within 300 feet of existing multi-family development so the overlay district prohibits the project he would like to pursue.  His proposal of twenty efficiency units also exceeds the maximum density permitted under the overlay zone.  Since the intent of the overlay zone is primarily to control apartment conversions, the applicant approached the neighborhood association and presented his ideas in the hopes the association would support his development.  A letter from the Pioneer Park Neighborhood Association was presented in support of amending the rezoning to remove the overlay district and allow the apartment development to move forward under straight C-2 zoning.  The proposed apartment building will be an improvement over the existing mobile home court and the neighborhood supports it.  One of the tenants of the existing manufactured home court sent a protest letter and also appeared in person to testify against the rezoning request at the Planning Commission public hearing.

 

Richard Stacy presented this matter to the Council. Approximately a year ago, the Slingsby Family Trust had the intent of improving this property and wished to replace the modular units with permanent housing.  Unknown to them, this property is at the fringe of the Pioneer Park Neighborhood overlay.  Highway 30 is to the north of this property and there is a commercial building to the south which is zoned M-1.  They could put multi-family housing there except for the Neighborhood overlay which prohibits a multi-family development within 300 feet of an existing multi-family development. Just south of this property is an apartment complex.  Mr. Slingsby has contacted the neighborhood association which has responded in a letter encouraging the development of the improved proposed project. 

 

The proposal is for a complex of 2-bedroom efficiency apartments with a covered courtyard.  The courtyard would be covered with a fabric canopy over the interior court.  The parking would be off of 22nd Street with access from 14th Avenue and 15th Avenue.  It would be a single level development and will be geared toward singles or people that are retired, not toward college students.  These would be ideal for people who want a short term, simple place with no yard work.  The plan also includes replacing the sidewalks which are in disrepair at this time.

 

Mr. Stacy explained the overlay district was originally envisioned to prevent conversion of single family homes to multi-family apartments around the college area to maintain the single family residential character of the area.  The reaction now is that a multi-family in this area would be a good buffer between Highway 30 and the interior of the neighborhood.  Since it is close to major a thoroughfare, it would not create a lot of traffic within the neighborhood.  This would not change any zoning or other uses. 

 

Vanessa Graf, #26 purchased their trailer in February of this year. They have four children and this is where they have made their home.  She understands they do not own the lot their trailer is on which is a disadvantage, but she disagrees with changing this property to an apartment complex.  She wanted to voice her opinion about how she feels about making this change.   She believes her family and others are being treated very unfairly.  Mrs. Slingsby said nothing to them in February when they signed the lease and now they are being forced out in less than a year.   She believed that only being given 30 days to move their home is not enough time.  There was no advanced notice.  There are many other courts in Kearney that will not take them because their trailer is either too old or too small.  She understands that the property owner has the right to do what they want, but they did not show any compassion or regard for the people who live there.  Although this is probably not meant to be personal, it does affect people personally.   

 

Council member Buschkoetter asked what was the length of Ms. Graf’s lease and if she had sought legal counsel.  She said her lease was only month to month, and she has spoken with an attorney who said 30 days is within the law and the rest is being done legally.

 

Lori Protroez spoke on behalf of Natasha Ingram, who is a single mother and was at work and unable to attend the meeting.  Natasha has expressed her concern that they needed more time than the 30 days to sell their trailers or move them to a point where they can be demolished which might cause less hardship.  This situation is a very bad thing for low income people living there.  She said that she is all for development and for Kearney growing, but this was not done in the right way. 

 

Council member Clouse asked what she thought was enough time.  Lori responded that at least a few months, not 30 days. 

 

Mayor Hadley commented the first letter he had before him was dated July 20th, (2 months ago) and the other letter gave a 30 day notice which gave them approximately 3 months.  Lori said that many occupants found out about it in the newspaper and did not have time to prepare within the 30 days.

 

Council member Buschkoetter stated this is an unfortunate series of events.  He thought the owners of the property are in a situation that irregardless of when they do this, there are going to be tenants who will need more time and more money to get it done.  It is tough for folks to be able to raise the money and find a new place and move in two months.  The Council is very sympathetic to the tenants, but it is just the situation that is created by the change.  He added that although it might be unfair, legally it is allowable. 

 

Council member Clouse agreed but had to consider the fact that the neighborhood association is in support of it.  It is a tough situation and he hoped that the developer is working with each of the individuals to resolve it in the best way possible. 

 

Mayor Hadley stated he understands that also, but the neighborhood association letter is dated July 20th which is basically two months ago and the public hearing for the Planning Commission notice would have been before that date.  He added that Barbara Clark’s letter was received August 15th.  Even if the Council denies the removal of the overlay, the owner still has the option to use this land for another development other than the mobile home court. Lori Protroez asked if these apartments would be available to rent by the people who presently live in the court.

 

Dean Slingsby stated that he agreed that this presents some tough situations. These are good people and he feels badly about it.  He didn’t know how else it could have been done.  They want everyone to understand that they did not have the intention of doing this six months ago.  Because the land valuations in Kearney went up, the trailer park valuation went up by $100,000.00.  It no longer would cash flow at $175.00 a month lot rent from the tenants.  He knows that they cannot afford more than a $175.00 a month because many of them currently cannot pay that amount.  He is strapped with the idea of not collecting more or going ahead with the plans.   In response to those people who cannot get their trailers out of there, he does not intend to charge anybody and he will pay the cost of having them removed.  He assured everyone that no one will be billed for anything that is left there because he understands that they cannot afford to move them.  The apartments would be available to anyone who wants to rent them.  

 

Mr. Slingsby further stated that they would like to start construction this fall if they can get everything put together. They legally only had to give the people 30-days notice, but they went ahead of that and gave them two different notices so they would have a little more time.  He realizes that it stated the deadline was October 1st, but they cannot start taking legal action until the middle of October as far as moving the trailers.  From the time the first notice went out, they will have had 75-90 days notice.  Many of them have vacated the buildings that are there or have found other places.  There are four rental apartments and most of those people have also already moved. 

 

Moved by Kearney seconded by Clouse to close the hearing and approve the Application submitted by Richard Stacy from Miller & Associates (Applicant) and Dean Slingsby, Trustee of the Slingsby Family Trust (Owner) to rezone from “District C‑2/ND-1, Community Commercial District/Pioneer Park Neighborhood Conservation Overlay District” to “District C-2, Community Commercial District” property described as the south 49 feet of Lot 2, all of Lots 3, 4, 5, 6, 7, 8, 9, 10, and the south 49 feet of Lot 11, all in Block 9, Kearney Land and Investment Company’s Second Addition to the City of Kearney, Buffalo County, Nebraska, together with the vacated alley located between said lots, excepting therefrom the west 92 feet of Lot 7 and the west 92 feet of the south 30 feet of Lot 8 of Block 9 thereof (west of 14th Avenue, east of 15th Avenue and north of 22nd Street). Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

FINAL PLAT – AUSTIN ESTATES SECOND

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Terry L. Broadfoot (Owner) for final plat and Subdivision Agreement approval for “AUSTIN ESTATES SECOND” a subdivision to Buffalo County, Nebraska for property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., containing 6.61 acres, more or less, Buffalo County, Nebraska (west of 610 West 66th Street Place) and to consider approval of Resolution No. 2006-152.

 

The applicant came to Planning Commission last month requesting approval to plat a two-lot subdivision containing 6.61 acres just west of the new house that was recently completed at 610 West 66th Street Place.  A previously approved subdivision, known as Austin Estates, contains the lot that was developed with the house.  The Preliminary Plat of Austin Estates shows three lots and an outlot, but only Lot 1 and an associated outlot were final platted.  The outlot was necessary to accumulate enough lot area for a building permit in the RR-1 zone.  Austin Estates Second, the current subdivision request, shows the other two lots that were on the Preliminary Plat of Austin Estates with some minor adjustments. 

 

You will recall that staff had some concerns with the platting of Austin Estates at the time it was submitted because no public services are available to the site.  Water and sewer will ultimately come from the east wrapping around the northern fringe of the City, but these services at this time stop well short of the subject property at Avenue N just north of 56th Street.  The timing of extensions for these public improvements is developer-driven and there is no way to accurately estimate when the services will be extended.  Given the distance involved, it will likely be many years before services are available to Austin Estates and Austin Estates 2nd. 

 

As an alternative, the developer could pursue a lift station and force main as an intermediate solution to allow further subdivision of the property before services are extended.  In this case, such a solution would be expensive to serve only three lots.  It is an alternative that has been pursued by other developers with larger subdivisions where the cost could be spread over many lots.  Although the City has repeatedly denied requests for subdivisions based on rural standards in this type of setting, those requests have generally been for the larger developments. 

 

When Austin Estates was submitted, staff agreed to allow only one home to be built on well and septic as long as no further development would occur until water and sewer are extended and to provide future sanitary sewer and road alignments established with the platting.  Three lots were shown on the Preliminary Plat to also depict the location of the required easements and rights-of-way for future roads and utilities.  Only one lot and associated outlot were shown on the Final Plat.  The Subdivision Agreement that was approved by City Council by Resolution No. 2005-74 and filed with Austin Estates plat at the Register of Deeds restricts development of this land to the one lot that has already been finaled and built upon.  The agreement states that the City will allow for the construction of one house with no further development to occur until City services are made available and the land is annexed. 

 

Now the applicant is interested in developing only one more lot for a residence.  He has agreed to combine the two proposed lots into one by removing the common property line that divides them.  The plat before you depicts the single lot.  There was a great deal of discussion at Planning Commission about City policy for extensions of public services and lift stations, and about past decisions based on these policies.  Staff reiterated that the Austin Estates development was for one lot only as the Subdivision Agreement states, and now the applicant is requesting another lot. 

 

Further discussion revealed the fact that the current zoning and subdivision regulations would allow the applicant to request and be granted a building permit for a single residence if ten plus acres were the basis of the building permit application.  State law exempts properties over ten acres from requiring a formal subdivision and the property is already zoned RR-1, for rural residential land use.  Therefore, the City would have no choice but to issue the permit.  The downside of this approach is that the City loses the opportunity to gain easements through the dedication and platting process that will allow for future utility extensions to the surrounding vacant land, especially to the west.  The ability to preserve these corridors for future development is important to the long-range planning for growth of the community.

 

So, City staff is now presented with a request for one additional lot and asked if that is something that everyone could live with until future services are available.  Staff agrees that a compromise to allow one more lot that will be formally platted with roadway and utility easements dedicated on the plat is more desirable than the alternative.  Therefore, staff has agreed to support the development of one additional lot in this proposed subdivision known as Austin Estates 2nd and staff has prepared a Subdivision Agreement for the one-lot subdivision.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. This is a plat approval for a 1-lot subdivision.  In 2005, this tract was presented for rezoning and originally they asked for two lots in this area, but elected not to do the other lot.  There will be one lot known as Lot 1, Block 2 of Austin Estates.  They have worked out all of the issues with the City staff and Mr. Broadfoot has had his attorney review the Subdivision Agreement which has been signed and submitted.  Mr. Humphrey stated that Mr. Broadfoot did not desire to develop any ground further to the north of this site until they have City services available in that area. He has always made it clear that he would provide access to tracts of land that would be used for sanitary sewer, water line extensions and corridors for streets, etc. with this platting.

 

Mayor Hadley expressed his appreciation for the good job of the Planning Commission on these complicated matters.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Terry L. Broadfoot (Owner) for final plat and Subdivision Agreement approval for “AUSTIN ESTATES SECOND” a subdivision to Buffalo County, Nebraska for property described as a tract of land being part of the Southwest Quarter of the Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., containing 6.61 acres, more or less, Buffalo County, Nebraska (west of 610 West 66th Street Place) and approve Resolution No. 2006-152. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-152

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “AUSTIN ESTATES SECOND” a subdivision being part of the Southwest Quarter of the Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., containing 6.61 acres, more or less, Buffalo County, Nebraska, and in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) be accepted subject to the interior lot line between Lot 1 and Lot 2 be removed to make one buildable lot, and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska.

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

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

            PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

FINAL PLAT – CARLSON ADDITION

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Stener and Frances Carlson (Owner) for final plat approval for “CARLSON ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 5.10 acres, more or less, Buffalo County, Nebraska (lying between Central Avenue and 2nd Avenue and north of 4th Street) and to consider approval of Resolution No. 2006-153.

 

The applicant is requesting approval to plat a tract of land that is approximately 5.10 acres, parts of which are developed but never formally subdivided.  The property is located between Central Avenue and 2nd Avenue, north of 4th Street and is zoned C-2.  The proposed subdivision contains four lots.  All lots have access to public streets.  Lot 2 contains the Budget Motel South.  Lot 3 wraps around behind Whiskey Creek Steakhouse and Fast Phil’s Convenience Store.  Lots 1 and 4 have frontage on Central Avenue.  Lot 1 is vacant while Lot 4 has an existing house located there.  The proposed use of the property will not change at this time.  Some of it is used for overflow parking for the various businesses surrounding it.  There are shared parking easements in perpetuity between some of the property owners that are filed as a matter of record.  Any future development of vacant land must respect the parking allocations that exist plus provide parking for the new use.

 

The water and sewer lines shown in an easement on Lot 3 need to be labeled as “private water and sewer” since the City is not responsible for maintenance of these lines.  The surveyor stated that he would add this note to the plat prior to the City Council hearing.

 

No Subdivision Agreement or Public Works Plan is required.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. The Carlson’s have owned this property for many years and wish to disengage from running the Budget Inn Hotel and convey this property.  This makes it necessary to plat this ground because it is not currently platted.  This is another complicated situation because in the final plats there are easements, documents of record that make the plat look rather cluttered, but he believed need to be shown for clarity.  The only consideration that staff had is the water line that comes from 4th Street north up to the building.  Since it is basically an unrecorded easement and is private in nature, it had to be designated as an easement to handle the utilities in that location.  They are not changing anything, just legitimizing what is there.

 

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 Mitch Humphrey from Buffalo Surveying (Applicant) for Stener and Frances Carlson (Owner) for final plat approval for “CARLSON ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 5.10 acres, more or less, Buffalo County, Nebraska (lying between Central Avenue and 2nd Avenue and north of 4th Street) and approve Resolution No. 2006-153. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-153

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “CARLSON ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 5.10 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 subject to the water and sewer lines shown in an easement on Lot 3 must be labeled as “private water and sewer”; 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 12TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

2006-2007 CITY OF KEARNEY BUDGET

 

Public Hearings 9 and 10 were discussed together but voted on separately.

 

Mayor Hadley opened the public hearing on the City of Kearney Budget for the 2006-2007 Fiscal Year.

 

Director of Finance and Administration Wendell Wessels presented this matter to the Council. Pursuant to Neb. Rev. Stat. Section 13-506, the City Council is required to conduct a public hearing on the City of Kearney proposed budget and the City of Kearney Offstreet Parking District No. 1 proposed budget for the 2006-2007 fiscal year.  The public hearing is a process where the City Council hears support, opposition, criticism, suggestions or observations of taxpayers relating to the proposed Budget Document.  The City Council should review the 2006-2007 Budget Document and bring it to the City Council public hearings.  After the Budget Document is reviewed and the public hearings are conducted, Ordinance No. 7292 should be passed and approved on the Regular Agenda.  Ordinance No. 7292 legally adopts the Budget Document and appropriates sums of money contained in the Budget Document for the necessary expenses and liabilities of the City of Kearney.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and adopt the City of Kearney Budget for the 2006-2007 Fiscal Year. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

2006-2007 CITY OF KEARNEY OFFSTREET PARKING DISTRICT NO. 1 BUDGET

 

Mayor Hadley opened the public hearing on the City of Kearney Offstreet Parking District No. 1 Budget for the 2006-2007 Fiscal Year.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Kearney to close the hearing and adopt the City of Kearney Offstreet Parking District No. 1 Budget for the 2006-2007 Fiscal Year.  Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

2006 CITY OF KEARNEY PROPERTY TAX LEVY

 

Mayor Hadley opened the public hearing on setting the 2006 City of Kearney property tax levy at a different amount than the preliminary property tax levy set for the City of Kearney by the Buffalo County Clerk and to consider approval of Resolution No. 2006-154.

 

Director of Finance and Administration Wendell Wessels presented this matter to the Council. Section 77-1601.02 of the Nebraska Revised Statutes requires political subdivisions of the State of Nebraska to conduct a Special Public Hearing to set the 2006 property tax request if the request is going to be different than the 2005 property tax request.  The same statutes include a provision stating that the property tax request for 2005 will be the property tax request for 2006 unless the political subdivision passes by a majority vote a resolution setting the property tax request at a different amount.

 

Proposed Resolution No. 2006-154 sets the property tax request for 2006.  The 2006-2007 City of Kearney Budget includes a property tax requirement of $1,665,721.00 for the General Fund, and a property tax requirement of $298,741.00 for the Public Safety Tax Anticipation Bond Fund.  The 2006 property tax requirements are different than the 2005 property tax requirements; therefore, a Special Public Hearing is required to set the 2006 property tax requirement.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve setting the 2006 City of Kearney property tax levy at a different amount than the preliminary property tax levy set for the City of Kearney by the Buffalo County Clerk and approve Resolution No. 2006-154. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2006-154

 

            WHEREAS, Section 77-1601.02 of the Nebraska Revised Statutes authorizes the City Council to set the 2006 property tax request for the City of Kearney; and

            WHEREAS, the Mayor and City Council of the City of Kearney Nebraska hereby finds and determines that it is in the best interests of the City of Kearney that a 2006 property tax request be set for the City of Kearney.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska that, pursuant to the provisions of Section 77-1601.02 of the Nebraska Revised Statutes, an All-Purpose Tax Request of $1,665,721.00 is set for the fiscal year beginning the 1st day of October, 2006 and ending on the 30th day of September, 2007 for the purpose of equipping, maintaining and paying the departments of the City of Kearney.

BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska that, pursuant to the provisions of Section 77-1601.02 of the Nebraska Revised Statutes, a Special Tax Request of $298,741.00 is set for the fiscal year beginning the 1st day of October, 2006 and ending the 30th day of September 2007 for the purpose of paying off bonds authorized by Section 18-1202 of the Nebraska Revised Statutes.

            BE IT FURTHER RESOLVED that the City Clerk is hereby ordered to certify said request to the Buffalo County Clerk in order that the same may be placed on the property tax rolls and be collected in the manner provided by law.

BE IT FURTHER RESOLVED that all ordinances and resolutions or parts if ordinances and resolutions in conflict herewith are hereby repealed.

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect October 1, 2006.

            PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Council member Bruce Lear will abstain from voting on Subsection 19 for the reason he is employed by Platte Valley State Bank.

 

Moved by Lear seconded by Buschkoetter that Subsections 1 through 18 and 20 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held August 22, 2006.

 

2.         Approve the following Claims: A Affordable Travel $105.00 smcs; AT&T $17.40 smcs; A.M. Player $102.56 smcs; AC Electric $824.09 co.smcs; Ace Hardware $184.98 smcs; Ace Irrigation $540.00 smcs; Action Training $14,260.00 smcs; Advisors Marketing $419.30 smcs; AFLAC $2,207.10 ps; Agro $1,025.21 smcs; Alamar Uniforms $1,260.59 smcs; All Partitions $52.86 smcs; Alltel $2,498.50 smcs; Amax Contracting $165.48 co; Amazon $3,143.89 smcs; Amer Electric $227.78 smcs,co; Amer Fountain Supply $234.50 smcs; Amer Legion Emblem $368.05 smcs; Amer Library Ass'n $200.00 smcs; APWA $728.00 smcs; Amer Red Cross $145.19 smcs; Amer Trademark $171.87 smcs; Anderson Brothers $430.57 smcs; Anderson Ford $20,056.00 co; Appliance Service $59.85 smcs; ARC Network $175.00 smcs; Ashgate Publishing $120.95 smcs; Ask Supply $687.10 smcs; Associated Bag $71.16 smcs; Aurora Cooperative $145.60 smcs; B&B Auto Glass $135.00 co; Baker & Taylor $11,841.20 smcs; Bamford $17,162.00 co; Baristas Daily Grind $10.00 smcs; Batteries Plus $176.34 smcs; BBC Audiobooks $3,411.70 smcs; Bennett,T $841.50 smcs; Big Apple Bowl $66.00 smcs; Blackstone Audiobooks $65.79 smcs; Blessing $327,312.76 co; Blockbuster Video $20.00 smcs; Bluecross Blueshield $92,250.85 smcs; Bobs Super Store $47.41 smcs; Bogard,M $137.50 smcs; Bookmark $1,545.35 smcs; Bosselman $29,724.35 smcs,co; Bound to Stay Bound $4,435.52 smcs; Brewster,M $3.26 smcs; Brillance Audio $1,451.62 smcs; Broadfoot's $37.00 smcs; Brown,A $150.34 smcs; Buffalo Co Treasurer $15.00 co; Buffalo Co Court $171.58 ps; Buffalo Co Register Deeds $159.00 co; Builders Warehouse $1,530.09 smcs,co; Buzz's Marine $9.75 smcs; Cable To Go $208.41 co; Capstone Press $2,239.60 smcs; Carr Fine Jewelry $584.82 ps; Cash Wa $3,317.44 smcs; CED Enterprise $82.69 smcs; Centaur Enterprises $643.35 smcs,co; Central Community College $180.00 smcs; Central Fire $4,062.19 smcs; Central Hydraulic Systems $725.26 smcs; Central NE Bobcat $367.59 smcs; CHAD $24.00 ps; Chantilly Bridal $80.00 smcs; Charter $54.99 smcs; Chesterman $504.00 smcs; City of Ky $245,239.55 smcs,co,ps; CMI $95.35 smcs; Cold Spring Granite $299.37 smcs; College Savings Plan of NE $50.00 ps; Computer Warehouse #4 $44.97 co; Concrete Workers $46,091.25 co; Conseco Life Insurance $29.00 ps; Construction Rental $517.50 smcs,co; Control Masters $3,070.00 smcs; Covert,D $29.30 smcs; Crash Rescue $1,250.00 smcs; Crocker Monogramming $111.00 smcs; Crown Awards $74.68 smcs; Crystal Clean $298.00 smcs; Culligan $94.00 smcs; Cummins Tools $116.27 smcs; D&S Lighting $280.56 smcs; Dandee Construction $2,388.00 smcs; Daugherty,R $315.20 smcs; Dawson Co PPD $29,536.95 smcs; Dell $2,185.20 smcs,co; Depository Trust $114,285.00 ds; Designer Craft $3,190.00 smcs; Deterding's $109.42 smcs; Diamond Vogel $220.18 smcs; Diane Publishing $27.00 smcs; Dobesh,J $4.05 smcs; Domainnamesanitycom $51.48 smcs; Domino's Pizza $71.50 smcs; Double M Farms $2,000.00 smcs; DPC Industries $17,245.10 smcs; Drapery Den $484.00 smcs; Dubs $38.44 smcs; Dutton-Lainson $80.77 smcs; Eakes $14,148.10 smcs,co; Earl May $33.94 smcs; EDM Equipment $837.42 smcs; Eickhoff,B $12.00 ps; Eileens Cookies $158.25 smcs; Eirich,T $50.00 smcs; Elliott Equipment $1,651.74 smcs; Elliott,R $58.50 smcs; ELS $25.00 smcs; Embellishments $10.00 smcs; Eustis Body Shop $270.00 smcs; Expedia Service $5.00 smcs; Fairbanks Int'l $1,846.64 smcs; Farm Plan $2,101.55 smcs; Farmers Union $912.10 smcs; Fastenal $1,060.04 smcs; Fedex $46.92 smcs; Fiddelke Heating $125.41 smcs,co; Footjoy $682.16 smcs; Frame Shop $175.00 smcs; Frontier $17,137.14 smcs; G. Neil $209.08 smcs; Galeton Gloves $179.45 smcs; Garrett Tires $885.31 smcs; Gaylord Brothers $318.28 smcs; Gear for Sport $1,072.90 smcs; General Traffic Controls $2,736.29 smcs; George Lawson Consulting $55.58 smcs; GI Family Radio $365.00 smcs; Gillespie,C $4.73 smcs; Graham Tire $386.68 smcs; Grainger $896.03 smcs,co; Grand Central IGA $58.28 smcs; Great American Outdoor $28.10 smcs; Great Platte Archway $44.00 smcs; Guideposts $16.94 smcs; H&H Distributing $1,517.00 smcs; Hach $2,199.50 smcs; Harley Davidson $255.62 smcs; Hastings $50.84 smcs; Hastings Cycle ATV $405.54 smcs; Hastings Fire & Rescue $180.00 smcs; Heiman $23.45 smcs; Hobby-Lobby $190.62 smcs; Holday Station Store $174.22 smcs; Holmes Plumbing $1,169.09 smcs,co; Hometown Leasing $248.23 smcs; Howard,N $25.16 smcs; Hydrologic $520.62 smcs; ICMA Internet $1,140.00 smcs; ICMA RC $2,760.33 ps; Intellicom Computer $1,806.00 co; IRS $91,356.63 ps; Int'l Code Council $97.00 smcs; Isaac,B $111.20 smcs; Jack Lederman $90.90 smcs; Johnson,S $50.00 smcs; Johnston,J $29.70 smcs; K&K Parts $128.59 smcs; Kallhoff,M $27.93 smcs; Ky Clinic $353.00 ps; Ky Concrete $13,771.02 smcs,co; Ky Crete & Block $378.50 smcs,co; Ky Cycling $30.95 smcs; Ky Hub $3,585.11 smcs,co; Ky Implement $537.28 smcs; Ky Liquor $16.50 smcs; Ky United Way $496.24 ps; Ky Warehouse $285.39 smcs; Ky Winnelson $66.06 smcs; Ky Yamaha $1,326.16 smcs; Ky Young Life $439.54 smcs; Kelly Supply $467.93 smcs; KGFW/KQKY/KRNY $680.00 smcs; KHGI/KWNB $73.00 smcs; Killion Motors $367.16 smcs; Kirkham Michael $8,464.63 smcs,co; Kooyman,R $200.00 ps; Kruse,J $6.30 smcs; Lambley,B $19.76 smcs; Lange,L $16.23 smcs; Laser Art Design $108.00 smcs; Laughlin,K $360.00 ps; Lawson Products $65.67 smcs; League of NE Municipalities $75.00 smcs; Lerner Publishing $236.88 smcs; Lincoln Truck Center $387.39 smcs; Linweld $47.66 smcs; Little Ceasar Pizza $236.00 smcs; Little Kings $229.83 smcs; Lock & Safe $36.00 smcs; Lockmobile $13.50 smcs; LTI Total $170.00 co; M.E. Sharpe $359.00 smcs; Machines & Media $402.00 smcs; Magic Cleaning $250.00 smcs; Mail Express $3.42 smcs; Marlatt Machine Shop $104.85 smcs; Marriott $99.68 smcs; Martens,J $4.45 smcs; McMaster-Carr $602.03 smcs; Meadowbrook Insurance $1,232.00 smcs; Menards $783.73 smcs,co; Metlife $4,200.14 ps; Michael Todd $176.95 smcs; Midlands Contracting $6,259.68 co; Mid-State Units $270.00 smcs; Midwest Pump $871.05 smcs; Midwest Turf $1,037.41 smcs; Milco Environmental $762.98 smcs; Miller & Associates $62,838.82 co; Misko Sports $316.85 smcs; Morris Press $681.96 smcs; Mosbarger,B $200.00 ps; Moss & Barnett $252.00 smcs; Mr Automotive $1,865.99 smcs; MSC Industrial $225.06 smcs; MSDN Magazine $9.95 smcs; Napa All Makes $916.52 smcs; Nathan's Curb Grinding $135.00 co; Nat'l Arbor Day $25.00 smcs; Nat'l Recreation $585.00 smcs; NWWA $11,827.53 smcs; NE APWA $280.00 smcs; NE Chapter IAEI $125.00 smcs; NE Child Support $2,078.41 ps; NE Dept of Environmental $7,500.00 smcs; NE Dept of Revenue $79,035.83 smcs,ps; NE DOL/Office of Elevator $300.00 smcs; NE Golf & Turf $1,883.39 smcs; NE Golf Ass'n $776.33 smcs; NE Liquor Control $45.00 smcs; NE Machinery $2,900.00 ds; NE Safety $80.25 smcs; NEland Distributors $734.80 smcs; NeRPA $174.00 smcs; Nicklasson,R $35.00 smcs; Nogg Chemical $411.66 smcs; Northern Safety $499.32 smcs; Northstar Audio Books $10.00 smcs; Northwestern Energy $3,246.29 smcs; NSA/POAN Conference $263.00 smcs; Office Depot $338.84 smcs; Officemax $2,028.55 smcs,co; Officenet $1,116.33 smcs,co; OMB Police Supply $281.99 co; O'Reilly $219.33 smcs; Orscheln $351.65 smcs; Oxford University Press $1,726.79 smcs; Paramount $36.00 smcs; Pat's Plumbing $345.00 smcs; Payflex Systems $412.25 smcs,ps; Pen Fire Engineering $134.00 smcs; Pepsi-Cola $1,472.72 smcs; Pizza Hut $92.16 smcs; Platte Valley Comm. $764.75 smcs,co; Posguyscom $1,345.00 co; Premiere Products $496.17 smcs; Preso-X $273.00 smcs; Push Pedal Pull $188.50 ps; Quill $768.11 smcs; Radio Shack $245.42 smcs; Random House $9,173.50 smcs; Reams Sprinkler $3,541.27 smcs; Recognition Unlimited $512.50 smcs; Recorded Books $1,216.55 smcs; Revere $445.00 smcs; Rocky Mountain Chocolate $14.25 smcs; Root-Gerih,C $100.00 smcs; Rotary Club 361 $190.00 smcs; Rourke Publishing $233.35 smcs; Ruder,C $8.31 smcs; Russells Appliance $106.00 smcs,co; Sahling Kenworth $466.07 smcs; Sapp Brothers $18,445.50 smcs; Sara Lee Bakery $28.18 smcs; Scholastic Library $1,139.40 smcs; School District #7 $882.00 smcs; Schuster,S $40.00 smcs; See Clear Cleaning $1,900.00 smcs; Seeuthr $295.00 smcs; Seton Name Plate $43.89 smcs; Sheldon,S $16.63 smcs; Sherwin Williams $752.45 smcs; Shirt Shack $1,116.20 smcs; Simmons Gun Specialties $7.70 smcs; Smith Micro Software $29.95 smcs; Snap-On Tools $90.31 smcs; Solid Waste Agency $51,082.79 smcs; Solid Waste Equipment $3,069.70 smcs; State of NE HHS Lab $1,167.00 smcs; State of NE/DAS $19.05 smcs; Steinbrinks Landscaping $215.98 smcs; Stockton,N $6.87 smcs; Stone,G $5.80 smcs; Sun Life Financial $20,436.50 smcs; Sunmart $2,388.94 smcs,co; Sutphen $1,287.00 smcs; Sydow,J $40.00 smcs; Target $75.65 smcs; TCBY Yogurt $20.00 smcs; The Buckle $54.00 smcs; Thirsty's West $33.97 smcs; Thompson,L $60.00 smcs; Thomson Gale $3,023.87 smcs; Tigerdirect $779.30 co; Titelist $1,902.26 smcs; Tower Publishing $82.00 smcs; Toyne $41.45 smcs; Traces $325.00 smcs; Tractor-Supply $1,376.29 smcs; Tri City Outdoor Power $360.60 smcs; Turner Body Shop $155.00 smcs; Tye & Rademacher $8,500.20 smcs; UAP 5507 $72.00 smcs; UPRR $1,500.00 er; United Air $377.10 smcs; Upbeat $1,723.16 co; UPS $55.96 smcs,co; Urbanek,G $29.94 smcs; UNK/Human Resources $20.81 ps; US Postmaster $1,004.00 smcs; USPS $249.25 smcs; Van Diest Supply $3,307.62 smcs; Vetronix $508.25 smcs; Video Services of America $585.66 smcs,co; Village Uniform $164.45 smcs; Waldenbooks $10.00 smcs; Walmart $2,334.20 smcs; Warrington,D $97.50 smcs; Watchguard Video $5,020.00 co; We Care Tree Care $150.00 co; Welch,D $33.13 smcs; Wellman,P $45.47 smcs; Wells,E $70.00 smcs; West Payment Center $1,062.30 smcs; Wilke Dononvan's $492.36 smcs,co; Wilkins Hinrichs Stober $42,313.68 co; World Book $839.00 smcs; Xerox $98.53 smcs; Yanda's Music $4.50 smcs; Yellow Van Cleaning $1,736.35 smcs; Zimmerman Printers $230.00 smcs; Payroll Ending 8-19-2006 -- $281,123.86; and Payroll Ending 9-2-2006 -- $270,601.53.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve Resolution No. 2006-155 allowing the City of Kearney to increase its “Budget Authority” by an additional one percent or $79,491.91 which will be carried over to the 2006-2007 budget as “Unused Budget Authority”.

 

RESOLUTION NO. 2006-155

 

            WHEREAS, on April 2, 1998 the Nebraska Legislature passed and approved LB989 which imposes a two and one half percent lid on certain restricted funds for local governments; and

            WHEREAS, Section 13-519.03 of the Nebraska Revised Statutes allows governmental units to exceed the two and one half percent limit as provided in Section 13-519.01 of the Nebraska Revised Statutes by up to an additional one percent upon the affirmative vote of at least seventy-five percent of the governing body; and

            WHEREAS, the Mayor and City Council of the City of Kearney Nebraska hereby finds and determines that it is in the best interests of the City of Kearney that the City of Kearney exceed the limit as provided in Section 13-519.01 of the Nebraska Revised Statutes by an additional one percent as allowed pursuant to Section 13-519.03 of the Nebraska Revised Statutes.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska that the City of Kearney exceed the limit as provided in Section 13-519.03 of the Nebraska Revised Statutes by an additional one percent.

            BE IT FURTHER RESOLVED that all ordinances and resolutions or parts if ordinances and resolutions in conflict herewith are hereby repealed.

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect October 1, 2006.

            PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

4.         Approve the recommendation submitted by the Keno Committee on the allocation on non-departmental keno funds designed for outside agencies.

 

5.         Approve the City of Kearney Annual Goals, Long Range Goals, and Capital Improvement Plan.

 

6.         Approve the Kearney Public Library & Information Center Policy Manual and approve Resolution No. 2006-156.

 

RESOLUTION NO. 2006-156

 

            WHEREAS, the “Library Policy Book 1992” of the Kearney Public Library and Information Center was adopted in 1992 and amendments were made and adopted on May 23, 1995 and again on June 22, 1999; and

            WHEREAS, the Library Advisory Board has determined it necessary to revamp the entire policy and has brought forward a new policy.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the recommendation from the Library Advisory Board, on adopting a new Policy Manual for the Kearney Public Library and Information Center, a copy marked as Exhibit “A”, attached hereto and made a part hereof, be and is hereby accepted and approved.

            BE IT FURTHER RESOLVED that the original policy adopted in 1992, Resolution No. 95-100, and Resolution No. 99-123 be and are hereby repealed in their entirety.

            PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

7.         Approve the Agreement with The S.A.F.E. Center to block off the parking lot located north of the Museum of Nebraska Art on October 12, 2006 beginning at 5:00 p.m. until 10:00 p.m. for their 10th Annual Candlelight Vigil.

 

8.         Approve Resolution No. 2006-157 declaring all future special assessments for certain paving, water and sewer districts delinquent for the following properties: Lots 674, 675, 676, together with the vacated east 10 feet of Avenue B abutting said lot on the west, all in Original Town of Kearney Junction, now the City of Kearney, Nebraska; east half of the south half of Lot 1758, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska, together with all of that portion of the vacated west 17 feet of Avenue F as the same abuts the above described tract on the east; Lots 1, 2, 3, H-D-R 2nd Addition to the City of Kearney, Buffalo County, Nebraska; Lot 974, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska.

 

RESOLUTION NO. 2006-157

 

            WHEREAS, certain Water Districts, Sewer Districts and Paving Districts have been properly created within the City of Kearney, Nebraska, by order of the City Council; and

            WHEREAS, the City Council has, in a legal and proper manner, levied assessments according to benefits against the respective properties lying within said districts; and

            WHEREAS, the below-listed owners of said property have failed to make timely payment of said special assessments and allowed the assessments to become delinquent and unpaid for a total of three (3) or more installments.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President and City Council, in accordance with Neb. Rev. Stat. §16-622 and §16-669, do hereby declare all future installments on the following delinquent properties, all located in the City of Kearney, Buffalo County, Nebraska, to be due on October 27, 2006; that after October 27, 2006, such future installment(s) shall be deemed to be delinquent and interest shall accrue at a rate of fourteen percent (14%) on all delinquent sums after that date:

 

 

 

 

Record Title and

Property Owner

 

 

Delinquent

Principal

Due

 

 

Interest

to

10/27/2006

 

Delinquent

Total

Due as of

10/27/2006

Additional

Principal

Due on or

After

10/27/2006

Riley J. Bay

Lot 675 together with the vacated east 10 feet of Avenue B abutting said Lot 675 on the west, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska

Paving District 96-749

 

 

 

 

 

$251.88

 

 

 

 

 

$166.59

 

 

 

 

 

$418.47

 

 

 

 

 

$167.65

Riley J. Bay

Lot 676 together with the vacated east 10 feet of Avenue B abutting said Lot 676 on the west, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska

Paving District 96-749

 

 

 

 

 

$171.40

 

 

 

 

 

$113.35

 

 

 

 

 

$284.75

 

 

 

 

 

$114.02

Riley J. and Barbara A. Bay

Lot 674 together with the vacated east 10 feet of Avenue B abutting said Lot 674 on the west, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska

Paving District 96-749

 

 

 

 

 

$251.88

 

 

 

 

 

$166.59

 

 

 

 

 

$418.47

 

 

 

 

 

$167.65

Paul C. and Winona J. Londer

East Half of the South Half of Lot 1758 together with the vacated west 17 feet of Avenue F abutting said Lot 1758 on the east, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska

Paving District 97-781

 

 

 

 

 

 

$977.72

 

 

 

 

 

 

$675.74

 

 

 

 

 

 

$1,653.46

 

 

 

 

 

 

$488.81

Helen V. Miller and Larry Miller

Lot 1, H-D-R 2nd Addition to the City of Kearney, Buffalo County, Nebraska

Paving District 2000-822

 

 

 

$934.83

 

 

 

$364.01

 

 

 

$1,298.84

 

 

 

$1,869.61

Helen V. Miller and Larry Miller

Lot 2, H-D-R 2nd Addition to the City of Kearney, Buffalo County, Nebraska

Paving District 2000-822

 

 

 

$1,055.40

 

 

 

$410.93

 

 

 

$1,466.33

 

 

 

$2,110.80

Helen V. Miller and Larry Miller

Lot 3, H-D-R 2nd Addition to the City of Kearney, Buffalo County, Nebraska

Paving District 2000-822

 

 

 

$1,055.40

 

 

 

$410.93

 

 

 

$1,466.33

 

 

 

$2,110.80

Clyde H. Martin

Lot 974, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska

Paving District 94-675

 

 

 

 

$459.10

 

 

 

 

$449.12

 

 

 

 

$908.22

 

 

 

 

$.00

Clyde H. Martin

Lot 974, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska

Paving District 94-707

 

 

 

 

$248.63

 

 

 

 

$243.24

 

 

 

 

$491.87

 

 

 

 

$.00

 

PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

9.         Approve the bids received for Phase I of the Northwest Well Field Development – Municipal Water Wells and approve Resolution No. 2006-158 awarding the bid to Sargent Drilling Co. of Broken Bow, Nebraska in the amount of $2,364,294.50.

 

RESOLUTION NO. 2006-158

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on August 29, 2006, at 2:00 p.m. for Phase I of the Northwest Well Field Development – Municipal Water Wells; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $2,497,000.00; and

WHEREAS, the said engineers have recommended the bid offered by Sargent Drilling Co. of Broken Bow, Nebraska in the sum of $2,364,294.50 be accepted as the lowest responsible bid.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Sargent Drilling Co. of Broken Bow, Nebraska be and is the lowest responsible bidder for Phase I of the Northwest Well Field Development – Municipal Water Wells to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Sargent Drilling Co. of Broken Bow, Nebraska in the sum of $2,364,294.50 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for Phase I of the Northwest Well Field Development – Municipal Water Wells in the amount of $2,497,000.00 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 12TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

10.        Accept the report from the City Clerk on the insufficiency of objection/protest filed in connection with Ordinance No. 7285 creating Paving Improvement District No. 2006-911, Ordinance No. 7286 creating Water District No. 2006-545 and Ordinance No. 7287 creating Sewer District No. 2006-488 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates, an addition to the City of Kearney.

 

 

11.        Approve the bids received for the 2006 Part IV Improvements consisting of paving Avenue K from 13th Street to 14th Street, off-street parking at Nina Hammer Park, the installation of sidewalks along the south and west sides of Nina Hammer Park, installation of sidewalk along the north side of 11th Street from Avenue B to Avenue M, and on the west side of Avenue M from 11th Street to 17th Street and approve Resolution No. 2006-159 awarding the bid to Blessing, LLC in the amount of $144,816.75.

 

RESOLUTION NO. 2006-159

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on August 31, 2006, at 2:00 p.m. for the 2006 Part IV Improvements consisting of paving Avenue K from 13th Street to 14th Street, off-street parking at Nina Hammer Park, the installation of sidewalks along the south and west sides of Nina Hammer Park, installation of sidewalk along the north side of 11th Street from Avenue B to Avenue M, and on the west side of Avenue M from 11th Street to 17th Street; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $220,262.50; and

WHEREAS, the said engineers have recommended the bid offered by Blessing, LLC of Kearney, Nebraska in the sum of $144,816.75 be accepted as the lowest responsible bid.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Blessing, LLC of Kearney, Nebraska be and is the lowest responsible bidder for the 2006 Part IV Improvements consisting of paving Avenue K from 13th Street to 14th Street, off-street parking at Nina Hammer Park, the installation of sidewalks along the south and west sides of Nina Hammer Park, installation of sidewalk along the north side of 11th Street from Avenue B to Avenue M, and on the west side of Avenue M from 11th Street to 17th Street 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 $144,816.75 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2006 Part IV Improvements in the amount of $220,262.50 be and is hereby accepted.

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

            PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

12.        Approve the bids received for the 2006 Part V Improvements consisting of Paving Improvement District No. 2006-911 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates; Water District No. 2006-545 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates; and Sewer District No. 2006-488 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates and approve Resolution No. 2006-160 awarding the bid to Midlands Contracting, Inc. in the amount $84,100.00 for Bid A (water and sewer) and to Blessing, LLC in the amount of $290,138.00 for Bid B (paving).

 

RESOLUTION NO. 2006-160

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on August 31, 2006, at 2:00 p.m. for the 2006 Part V Improvements consisting of Paving Improvement District No. 2006-911 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates; Water District No. 2006-545 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates; and Sewer District No. 2006-488 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $104,053.00 for Bid A (Water and Sewer) and $352,050.00 for Bid B (Paving); and

WHEREAS, the said engineers have recommended the bid offered by Midlands Contracting of Kearney, Nebraska in the sum of $84,100.00 for Bid A (Water and Sewer), and Blessing, LLC of Kearney, Nebraska in the sum of $290,138.00 for Bid B (Paving) be accepted as the lowest responsible bids.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Midlands Contracting of Kearney, Nebraska be and is the lowest responsible bidder for the 2006 Part V Improvements – Bid A consisting of Water District No. 2006-545 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates; and Sewer District No. 2006-488 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Midlands Contracting of Kearney, Nebraska in the sum of $84,100.00 be and is hereby accepted for Bid A (Water and Sewer).

            BE IT FURTHER RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Blessing, LLC of Kearney, Nebraska be and is the lowest responsible bidder for the 2006 Part V Improvements – Bid B consisting of Paving Improvement District No. 2006-911 for 60th Street from 4th Avenue to the west line of Block 3, Spruce Hollow Estates 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 $352,050.00 be and is hereby accepted for Bid B (Paving).

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2006 Part V Improvements for Bid A (Water and Sewer) in the amount of $104,053.00 and for Bid B (Paving District) in the amount of $352,050.00 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 12TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

13.        Approve the bids received for the 2006 Part VI Improvements consisting of Paving Improvement District No. 2006-912 for the alley lying west of 2nd Avenue from 22nd Street to 24th Street and approve Resolution No. 2006-161 awarding the bid to Blessing, LLC in the amount of $125,243.50.

 

RESOLUTION NO. 2006-161

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on August 31, 2006, at 2:00 p.m. for the 2006 Part VI Improvements consisting of Paving Improvement District No. 2006-912 for the alley lying west of 2nd Avenue from 22nd Street to 24th Street; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $166,905.25; and

WHEREAS, the said engineers have recommended the bid offered by Blessing, LLC of Kearney, Nebraska in the sum of $125,243.50 be accepted as the lowest responsible bid.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Blessing, LLC of Kearney, Nebraska be and is the lowest responsible bidder for the 2006 Part VI Improvements consisting of Paving Improvement District No. 2006-912 for the alley lying west of 2nd Avenue from 22nd Street to 24th Street 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 $125,243.50 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2006 Part VI Improvements in the amount of $166,905.25 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 12TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

14.        Approve the application to extend Conditional Use Permit No. 1979-06 submitted by Susan Underhill to locate a day care facility at 2803 Avenue I for a period of one year.

 

15.        Approve the application for a Special Designated License submitted by LEROY SMITH & BARBARA YENDRA, dba "George Spencer Vineyard & Tasting Room" in connection with their Class ID62962 liquor license to dispense beer and wine inside two tents (20’x40’ and 30’x60’) which will be enclosed by an outside fence located at the Kearney Area Children’s Museum, 2005 1st Avenue, on September 30, 2006 from 4:00 p.m. until 10:00 p.m. for a fund raising event subject to the City receiving the required Certificate of Insurance.

 

16.        Approve Application and Certificate for Payment No. 4 in the amount of $12,323.52 submitted by Midlands Contracting and approved by Miller & Associates for the 2006 Part II Improvements consisting of Water Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street and approve Resolution No. 2006-162.

 

RESOLUTION NO. 2006-162

 

WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2006 Part II Improvements consisting of Water Connection District No. 2006-1 for Avenue A from 8th Street to vacated 10th Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Application and Certificate for Payment No. 4 in the amount of $12,323.52 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$374,841.38

            Change Order No. 1 (7-25-2006)

            Change Order No. 2 (8-22-2006)

+    7,515.00

+       463.00

Contract Sum To Date

382,819.98

Gross Amount Due

246,470.52

Retainage

12,323.53

Amount Due to Date

234,146.99

Less Previous Certificates for Payment

  221,823.47

Current Payment Due

$12,323.52

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 4, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

17.        Approve Change Order No.1 showing a decrease in the amount of $2,807.61, Application and Certificate for Payment No. 1-Final in the amount of $118,152.19, and the Certificate of Substantial Completion submitted by Blessing, LLC and approved by Miller & Associates for the 2006 Cemetery Paving Improvements and approve Resolution No. 2006-163.

 

RESOLUTION NO. 2006-163

 

WHEREAS, Blessing, LLC has performed services in connection with the 2006 Cemetery Paving Improvements, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $2,807.61 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. 1-Final in the amount of $118,152.19 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$120,959.80

            Change Order No. 1 (9-12-2006)

- 2,807.61

Contract Sum To Date

118,152.19

Gross Amount Due

118,152.19

Retainage

.00

Amount Due to Date

118,152.19

Less Previous Certificates for Payment

               .00

Current Payment Due

$118,152.19

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of August 25, 2006, 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 of Payment No. 1-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 12TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

18.        Approve the request submitted by the University of Nebraska at Kearney to conduct a Homecoming Parade on October 28, 2006 beginning at 10:00 a.m. The route will commence on North Railroad Street and Central Avenue, north on Central Avenue to 27th Street, west on 27th Street to 9th Avenue.  The staging area to be blocked off beginning at 7:00 a.m. is Railroad Street from Avenue E to 5th Avenue, 4th Avenue from Railroad Street to 22nd Street, 3rd Avenue from Railroad Street to 22nd Street, 21st Street from 3rd Avenue to 5th Avenue, 20th Street from 3rd Avenue to 5th Avenue, Avenue B from Railroad Street to 22nd Street, Avenue C from Railroad Street to 22nd Street, Avenue D from Railroad Street to 22nd Street, and Avenue E from Railroad Street to 22nd Street.

 

20.        Approve the request submitted by Victor and Rena Zapata in placing a fence on the front side of 3112 4th Avenue and approve Resolution No. 2006-165.

 

RESOLUTION NO. 2006-165

 

            WHEREAS, Victor and Rena Zapata have requested permission to place a chain link fence on the front side of 3112 4th Avenue.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the request submitted by Victor and Rena Zapata to place a chain link fence located on the front side of 3112 4th Avenue be approved subject to the execution of an Agreement.

            PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

Moved by Clouse seconded by Buschkoetter that Subsection 19 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Lear abstaining. Motion carried.

 

19.        Approve Resolution No. 2006-164 accepting the Corporation Warranty Deed from Platte Valley State Bank & Trust Company with regard to Phase I of the 39th Street Improvement Project.

 

RESOLUTION NO. 2006-164

 

            WHEREAS, City Council authorized the City Manager and City Attorney to acquire seven tracts of property for the construction of Phase I of the 39th Street Improvement Project along 39th Street from 2nd Avenue west to the east lot line of Lot 1, Block 1, Windsor Estates Fifth Addition for additional right-of-way purposes; and

            WHEREAS, Platte Valley State Bank & Trust Company has granted to the City of Kearney a Corporation Warranty Deed a tract of land as described in the said deed.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Corporation Warranty Deed be and is hereby accepted and that the City Clerk be instructed to file said Deed with the Buffalo County Register of Deeds.

            PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER, 2006.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7292 – ADOPT BUDGET STATEMENT (PERTAINS TO PUBLIC HEARING 10)

 

Council Member Buschkoetter introduced Ordinance No. 7292, being Subsection 1 of Agenda Item V to adopt the City of Kearney Budget Statement to be termed the Annual Appropriation Bill and to appropriate sums for necessary expenses and liabilities, 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 Hadley seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7292 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Hadley seconded by Kearney that Ordinance No. 7292 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7292 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. 7293 – SALARY ORDINANCE

 

Council Member Buschkoetter introduced Ordinance No. 7293, being Subsection 2 of Agenda Item V to repeal Ordinance No. 7214 and classify the officers and employees of the City; fix the ranges of compensation of such officers and employees; establish the hours and work period for overtime eligibility; provide for payments of clothing and/or uniform allowances; and provide for payment of vehicle allowance, 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 Hadley seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7293 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Hadley seconded by Kearney that Ordinance No. 7293 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7293 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. 7294 – AMEND SECTION 8-617 OF KEARNEY CITY CODE

 

Council Member Buschkoetter introduced Ordinance No. 7294, being Subsection 3 of Agenda Item V to amend Section 8-617 “Chemical Tests; Refusal; Penalties” of Article 6 “Operation of Vehicles” of Chapter 8 “Police” of the Kearney City Code to correctly reflect the changes to coincide with the Nebraska Revised Statutes, 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 Hadley seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7294 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Hadley seconded by Kearney that Ordinance No. 7294 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7294 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. 7295 VACATE PORTION OF J.N. ADDITION (PERTAINS TO PUBLIC HEARING 2)

 

Council Member Kearney introduced Ordinance No. 7295, being Subsection 1 of Agenda Item VI to vacate Lot 3 of Block 1, J.N. Addition to the City of Kearney, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7295* by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7295 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7295 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. 7296 – REZONE NORTH OF 35TH STREET AND WEST OF COUNTRY CLUB LANE (PERTAINS TO PUBLIC HEARING 2)

 

Council Member Kearney introduced Ordinance No. 7296, being Subsection 2 of Agenda Item VI to rezone from “District AG, Agricultural District” and “District R-1, Urban Residential Single Family District (Low Density)”  to “District R-2, Urban Residential Multi Family District (Medium Density)” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 8.62 acres, more or less, Buffalo County, Nebraska; AND to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single Family District (Low Density)” property described as a tract of land located on part of the Northeast Quarter of the Northwest Quarter of Section 34, Township 9 North, Range 16 West of the 6th P.M., containing 1.19 acres, more or less, Buffalo County, Nebraska (north of 35th Street and west of Country Club Lane), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7296 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7296 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7296 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. 7297 – REZONE EAST SIDE OF 6TH AVENUE AND 47TH STREET PLACE (PERTAINS TO PUBLIC HEARING 5)

 

Council Member Kearney introduced Ordinance No. 7297, being Subsection 3 of Agenda Item VI to rezone from “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2/PD, Urban Residential Mixed Density District/Planned Development Overlay District” property described as Lots 5 through 16, inclusive, of Block 3, Windsor Estates Seventh Addition to the City of Kearney, Buffalo County, Nebraska (east side of 6th Avenue and 47th Street Place), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7297 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7297 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7297 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. 7298 – REZONE WEST OF 14TH AVENUE, EAST OF 15TH AVENUE AND NORTH OF 22ND STREET (PERTAINS TO PUBLIC HEARING 6)

 

Council Member Kearney introduced Ordinance No. 7298, being Subsection 4 of Agenda Item VI to rezone from “District C‑2/ND-1, Community Commercial District/ Pioneer Park Neighborhood Conservation Overlay District” to “District C-2, Community Commercial District” property described as the south 49 feet of Lot 2, all of Lots 3, 4, 5, 6, 7, 8, 9, 10, and the south 49 feet of Lot 11, all in Block 9, Kearney Land and Investment Company’s Second Addition to the City of Kearney, Buffalo County, Nebraska, together with the vacated alley located between said lots, excepting therefrom the west 92 feet of Lot 7 and the west 92 feet of the south 30 feet of Lot 8 of Block 9 thereof (west of 14th Avenue, east of 15th Avenue and north of 22nd 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 Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7298 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lear that Ordinance No. 7298 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7298 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.

 

SAN PEDRO RESTAURANT EXPANSION OF LIQUOR LICENSE, 3907 CENTRAL AVENUE

 

Mayor Hadley opened for discussion the application for addition submitted by SAN PEDRO INC., dba “San Pedro Mexican Restaurant” in connection with their Class I-67018 liquor license located at 3907 Central Avenue. The addition includes a 31 feet by 13 feet outdoor seating area on the south side of the building.

 

There was no one present to present this matter to the Council.

 

Moved by Lear seconded by Buschkoetter to table until September 26, 2006 the application for addition submitted by SAN PEDRO INC., dba “San Pedro Mexican Restaurant” in connection with their Class I-67018 liquor license located at 3907 Central Avenue. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

MOUNT CARMEL NURSING HOME – VARIANCE FOR ON-STREET PARKING

 

Mayor Hadley opened for discussion the request for a variance submitted by R.W. Sorensen Construction on behalf of Mount Carmel Nursing Home, 418 West 18th Street, on allowing angle parking along 17th Street between 4th Avenue and 5th Avenue.

 

There was no one present to present this matter to the Council.

 

Moved by Buschkoetter seconded by Hadley to table until September 26, 2006 the request for a variance submitted by R.W. Sorensen Construction on behalf of Mount Carmel Nursing Home, 418 West 18th Street, on allowing angle parking along 17th Street between 4th Avenue and 5th Avenue. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

OPEN ACCOUNT CLAIMS: NEBRASKA PUBLIC POWER DISTRICT -- $31.58; FREMONT NATIONAL BANK -- $37,905.75; PLATTE VALLEY STATE BANK -- $125.00; STAN CLOUSE -- $133.84

 

Moved by Hadley seconded by Kearney that Open Account Claims in the amount of $31.58 payable to Nebraska Public Power District; in the amount of $37,905.75 payable to Fremont National Bank; in the amount of $125.00 payable to Platte Valley State Bank; and in the amount of $133.84 payable to Stan Clouse be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Kearney that Council adjourn at 8:48 p.m. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

                                                                                    GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK