View Other Items in this Archive | View All Archives | Printable Version

Kearney, Nebraska

February 11, 2003

7:30 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:30 p.m. on February 11, 2003, in the Council Chambers at City Hall.  Present were:  Bruce L. Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Galen Hadley, Don Kearney, and Jose Zapata.  Absent: None.  G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present.  Some of the citizens present in the audience included: Gene Beerbohm, Mike Martinosky, Marge Laue, Tom Tye, Norman Otto, Reed Miller Ron Ridgway, Dick Stacy, Mike Konz from Kearney Hub, Billy Boyer from KGFW Radio, and Mike Cahill from KKPR Radio.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Reverend John Gosswein from Family of Christ Lutheran Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scout Ryan Henszey led the Council members and audience in the Pledge of Allegiance.

 

RECOGNITION

 

Mayor Blankenship and Council Members recognized Gene Beerbohm for 25 years of service with the Kearney Volunteer Fire Department.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING – KEARNEY FLORAL, 2038 2ND AVENUE

 

Mayor Blankenship opened the public hearing on the Application submitted by Todd Thalken (Applicant) for Kearney Floral Co. (Owner) to rezone from “District M-1, Limited Industrial District” to “District CBD, Kearney Center Mixed Use District” property described as being the east 80.0 feet of Lot 426, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2038 2nd Avenue).

 

The applicant is requesting approval of rezoning from District M-1, Limited Industrial District, to District CBD, Kearney Centre Mixed-Use District for expansion of the facilities at Kearney Floral Company.  The property is located at 2038 2nd Avenue and will be used for greenhouse expansion.  Even though 2nd Avenue divides this property from the Downtown Centre Area, properties on the west side of 2nd Avenue extending west to the alley are considered part of the CBD.

 

The request is to rezone the tract from M-1 to CBD.  This request certainly seems reasonable, should meet the applicant’s needs for expansion, and should not be disruptive to the neighborhood.  CBD is the logical zoning district since this property is included in the boundaries of the Kearney Centre CBD.  The existing house will be moved off the site to accommodate the greenhouse expansion.

 

Ron Ridgway from Miller & Associates presented this matter to the Council.  This district rezoning is requested in order to expand Kearney Floral’s greenhouse onto this property.  He is not aware of any complaints from the neighbors about this expansion.   

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Buschkoetter to close the hearing and approve the Application submitted by Todd Thalken (Applicant) for Kearney Floral Co. (Owner) to rezone from “District M-1, Limited Industrial District” to “District CBD, Kearney Center Mixed Use District” property described as being the east 80.0 feet of Lot 426, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2038 2nd Avenue).  Roll call resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.

 

REZONING – NORMAN OTTO; 2920 AVENUE E

 

Mayor Blankenship opened the public hearing on the Application submitted by Norman A. Otto (Applicant) for Norman A. Otto Family Trust (Owner) to rezone from “District R-2, Urban Residential Mixed-Density District” to “District R-3, Urban Residential Multi-Family (Medium Density) District” property described as all of Lot 454, and Lot 455 except the west 10.0 feet of the north 70.0 feet thereof, Southwest Quarter of School Section Addition to the City of Kearney, Buffalo County, Nebraska (2920 Avenue E).

 

The applicant is requesting approval of rezoning from District R-2, Urban Residential Mixed-Density to District R-3, Urban Residential Multi-Family (medium density).  The location is 2920 Avenue E. This property currently has three separate living units being rented and the Owner would like to maintain the density at three units, which requires the change in zone.

 

A brief review of the history of this property and how it was developed is pertinent here.  In 1942 the Owner bought the property, which contained a small house and he lived in the house.  In 1948 he renovated and enlarged the structure and continued to live there.  In 1958 he finished the basement and split the house into two rental units, one upstairs and one downstairs.  He also added a garage.  In 1964 he moved to Lincoln, Nebraska and converted the garage to a third living unit and enclosed the breezeway.  A detached garage building was added at some point later.

 

The original house consisting of two living units became operable as such in 1958 and has been continuously rented as two units ever since.  Therefore, the Owner signed an affidavit to this effect and the two units are “grandfathered” as legal non-conforming uses.  The garage and breezeway was not converted into a living unit until 1964, two years after it could meet the grandfather clause.  The property could have been registered as a non-conforming residential property under Section 58 of the Unified Land Development Ordinance (UDO) but the Owner did not register the property before the deadline of October 15, 2002.  Instead, the Owner is requesting Rezoning to allow the higher density on the property.  If the rezoning request is approved, all required Building and Remodel Permits will be obtained to bring the structure into compliance with modern residential dwelling codes.

 

The third building on the site is a detached accessory building that cannot be used for any residential dwelling purposes.

 

The question was raised during the Planning Commission hearing if rezoning a property to higher density is a “loophole” to get around nonconforming residential conversions.  It is not a loophole, it is an option that can be pursued by a property owner as an alternative approach to legitimize the additional dwelling units.  The difference is that Section 58 of the UDO provided a one time opportunity to register and bring the properties into compliance with off-street parking and five life safety issues.  If a property is rezoned it must comply with all requirements of all city codes, for example; electrical wiring, plumbing, stair tread to riser ratio, head clearance, and fire wall separation to name a few.  Consequently, the financial burden to the property owner is potentially far greater when the property is rezoned than if the Section 58 requirements were applied.  In addition, there is no right to rezoning.  Any person has the right to apply for rezoning but approval of the rezoning is not guaranteed.  Rezonings are considered by the Planning Commission and City Council on a case-by-case basis.  For example, if a property owner requested rezoning of a converted single-family dwelling from R-1 to R-3 in the middle of an R-1 zoning district. This zoning change in all likelihood would not be approved as it would be considered spot zoning and a nuisance to the single-family character of the neighborhood.

 

Norman Otto was present to answer any questions from the Council.

 

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 Norman A. Otto (Applicant) for Norman A. Otto Family Trust (Owner) to rezone from “District R-2, Urban Residential Mixed-Density District” to “District R-3, Urban Residential Multi-Family (Medium Density) District” property described as all of Lot 454, and Lot 455 except the west 10.0 feet of the north 70.0 feet thereof, Southwest Quarter of School Section Addition to the City of Kearney, Buffalo County, Nebraska (2920 Avenue E).  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley.  Nay: None.  Motion carried.

 

APPEAL DECISION BY PLANNING COMMISSION ON CONDITIONAL USE PERMIT TO JAYLENE BASHORE; BED & BREAKFAST

 

Mayor Blankenship stated the Appeal from the decision by the Planning Commission to approve the Application submitted by Jaylene Bashore (Applicant and Owner) for a Conditional Use Permit to locate a Bed and Breakfast on property zoned “District ICMU, Interstate Corridor Mixed Use District” and described as Lot 9 of Block 4, Lake Villa Estates, an addition to the City of Kearney, Buffalo County, Nebraska (510 Huron Drive) has been tabled until February 25, 2003 by Attorney Tom Tye.  Therefore, no action was taken.

 

ONE & SIX YEAR STREET IMPROVEMENT PLAN

 

Mayor Blankenship opened the public hearing on the adoption of the One and Six Year Street Improvement Plan and to consider Resolution No. 2003-14.

 

Director of Public Works Rod Wiederspan presented this matter to the Council.  The Nebraska Department of Roads (NDOR) annually requires the City of Kearney to submit a One and Six Year Plan for street improvements. City Administration has submitted the proposed plan and is now at the Public Hearing stage for soliciting input from the Council and citizens.

 

At the January 28, 2003 City Council Meeting, Gary Story (Transportation Superintendent) presented the projects for this year’s One and Six Year Plans.  At that meeting, we discussed the need for a number of the proposed projects as well as the addition of the 29th Street and 5th Avenue Intersection to the Six Year Plan.  Attached is the proposed 2003 One and Six Year Plan. The proposed plan incorporates street improvements from the previous Six Year Plan, various new improvements related to community development, and other street/reconstruction needs.

 

Funds and or bonding necessary to pay for the construction of the One Year Transportation Infrastructure Capital Improvement Program Forecast have been included in the 2002-2003 budget.

 

The following is a schedule of the proposed One Year Plan:

 

Project                                                                                                   Estimated      Estimated

 No.                  Location                                                                        Total Cost      City Cost

 

112

39th Street From End Of Concrete Approximately 22nd Avenue To 30th Avenue

$600,000

$600,000

140

56th Street From 2nd Avenue To Avenue N-4600 feet

$900,000

$900,000

266

25th Street (Highway 30) From Avenue I To Avenue L

$40,000

$20,000

286

North Railroad Street From Central Avenue To Avenue B

$250,000

$250,000

287

21st Street and Central Avenue Intersection

$50,000

$50,000

288

22nd Street and Central Avenue Intersection

$50,000

$50,000

289

23rd Street and Central Avenue Intersection

$50,000

$50,000

290

24th Street and Central Avenue Intersection

$50,000

$50,000

329

39th Street And 11th Avenue Intersection

$500,000

$500,000

335

24th Street From 2nd Avenue To Avenue A 1050'

$60,000

$60,000

336

23rd Street From 1st Avenue To 2nd Avenue 350'

$20,000

$20,000

337

23rd Street From Avenue A To Avenue B 350'

$20,000

$20,000

338

22nd Street From Avenue A To Avenue B 350'

$20,000

$20,000

339

22nd Street From Alley 150' E. Of 2nd Avenue To Central Avenue 500'

$35,000

$35,000

340

21st Street From 1st Avenue To 2nd Avenue 350'

$20,000

$20,000

342

29th Avenue From 135' N Of 44th Street To 48th Street 1300'

$110,000

$0

343

48th Street From 29th Avenue To 140 East Of 28th Avenue 800'

$70,000

$0

344

28th Avenue From 180' N Of 47th Street To 151' North Of 48th Street 850'

$75,000

$0

345

52nd Street From 500' East Of Parklane Drive To Avenue E 924'

$80,000

$40,000

346

Avenue C Place From 52nd Street North 180' Cul-de-sac  180'

$20,000

$10,000

347

Avenue B Place From 52nd Street East 150' Cul-de-sac  150' 

$20,000

$10,000

348

Avenue Q From 56th Street To Eastbrooke Drive 1540'

$135,000

$0

349

57th Street Place From Avenue Q West 330' Cul-de-sac  330'

$30,000

$0

350

57th Street From Avenue Q East 135'

$15,000

$0

351

Eastbrooke Drive From 135' East Of Avenue P To 250' East Of Avenue Q  450'

$140,000

$0

352

Avenue P From 135' North Of Eastbrooke Drive To 63rd Street  600'

$50,000

$0

353

Avenue P Place From 63rd Street North 200' Cul-de-sac  200'

$20,000

$0

354

63rd Street From 135' West Of Avenue P To 135' East Of Avenue P  300'

$25,000

$0

355

Avenue O Place From 135' North Of Eastbrooke Drive North 100' Cul-de-sac 100'

$20,000

$0

356

Avenue Q Place From Eastbrooke Drive North 250' Cul-de-sac  250'

$30,000

$0

357

49th Street Place From 19th Avenue East 265' Cul-de-sac

$30,000

$0

358

13th Avenue From 600' South Of 11th Street To 280' South Of 8th Street  850'

$120,000

$60,000

359

8th Street From 160' West Of 13th Avenue To 115' East Of 13th Avenue  340'

$50,000

$25,000

 

The following is a schedule of the proposed Six Year Plan:

 

Project                                                                                                   Estimated      Estimated

 No.                  Location                                                                        Total Cost      City Cost

 

115

30th Avenue From Highway 30 To 39th Street 5200'

$1,000,000

$1,000,000

143

25th Street (Highway 30) From Avenue B To Avenue E

$275,000

$75,000

166

39th Street From Avenue A To 2nd Avenue 1400'

$1,200,000

$1,200,000

170

39th Street And 17th Avenue Intersection

$200,000

$200,000

213

University Drive And Lakeview Drive Intersection

$80,000

$80,000

237

60th Street From 4th Avenue West 450'

$77,000

$14,000

245

Country Club Lane From 35th Street To 39th Street 1200'

$285,000

$115,000

267

39th Street From 2nd Avenue To 6th Avenue

$600,000

$600,000

268

Cherry Avenue Interstate Interchange & Cherry Avenue To Glenwood

$20,000,000

$4,000,000

293

48th street from 6th Avenue to Parkwood Lane 1650'

$280,000

$50,000

294

48th Street from Parkwood Lane to 17th Avenue 1900'

$320,000

$50,000

300

Railroad Grade-Separation Overpass-Location Determined

By study to be 17th Avenue just East of Tailrace

 

$11,000,000

 

$11,000,000

301

30th Avenue from Highway 30 (24th Street) to Lacrosse Drive 1750'

$330,000

$330,000

341

11th Street From 1st Avenue To 7th Avenue 2100'

$600,000

$600,000

360

56th Street from Avenue N to Airport  13500

$2,600,000

$2,600,000

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Zapata to close the hearing and approve the adoption of the One and Six Year Street Improvement Plan and approve Resolution No. 2003-14.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-14

 

            WHEREAS, the City of Kearney, Nebraska is required by Section 39-2119 of the Nebraska Revised Statutes to adopt a One and Six Year Street Improvement Program.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, at a Public Hearing held at approximately 7:30 p.m. on February 11, 2003, in the Kearney City Council Chambers that the One Year City Street Plan for fiscal year ending July 31, 2004 and the Six Year City Street Plan ending July 31, 2009, are hereby adopted as listed on the Summary of One Year Plan and the Summary of Six Year Plan, marked as Exhibit “A” attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 11TH DAY OF FEBRUARY, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

City Manager requested that Subsection 13 of the Consent Agenda be removed for discussion.

 

Moved by Zapata seconded by Blankenship that Subsections 1 through 12 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Blankenship, Zapata, Hadley, Buschkoetter, Kearney.  Nay: None.  Motion carried.

 

1.         Approve Minutes of Regular Meeting of January 28, 2003.

 

2.         Ace Hardware $68.88 Various; AFLAC $1,720.74 Ded; Agent Fee $20.00 Tr; Air Midway $97.48 Su; Alamar Uniforms $1,165.00 Cla; Alltel $2,633.38 Various; Amer Red Cross $255.96 Various; Andersen Wrecking $60.00 Inv; Anderson Outdoor Power $896.07 Various; Artic Refrigeration $2,572.28 Rep; AVW Newsletters $649.00 Bks; Baker & Taylor $1,663.97 Bks; Bamford $307.37 Various; Barney Ins $60.00 Su; BBC Audiobooks $231.90 Bks; Beckenhauer, T $229.85 Tr; Best Access Systems $305.46 Various; Big Flag $492.75 Various; Bobs Super Store $29.95 Su; Broadfood Sand $55.00 Su; Bubble Factory $39.00 Su; Buffalo Co Dist Ct $129.00 Ded; Buggy Bath Car Wash $824.00 Rep; Builders How-To-Warehouse $1,670.40 Various; Business Publishers $327.00 Su; Buteo Books $60.00 Bks; Buy.com $68.95 Su; Cabela's $54.99 Su; Canada Life Assurance $3,398.01 Ded; Care Cleaning $369.00 Su; Carlos O'Kelly's $60.00 Various; Carrothers Construction $105,829.65 Serv; Casey's General Store $17.00 Tr; CDW Govt $2,151.58 Su; CED Enterprise Electric $19.95 Su; CED/Amer Electric $1,011.95 Various; Cellar Bar $60.00 Serv; Central Auto Electric $132.29 Inv; Central Fire $21.55 Rep; Central Hydraulic System $224.53 Inv; Central NE Bobcat $11.40 Inv; CHAD $6.00 Ded; Charter Comm $63.96 Serv; Charter Media $800.00 Adv; Charter Paging $63.33 Serv; Chesterman $187.01 Su; City of Ky $167,247.29 Ded; Clark Enersen Partners $9,807.03 Serv; College Hockey America $1,000.00 Various; College Savings Plan of NE $260.00 Ded; Computer Pro's $61.28 Su; Computer Warehouse #4 $42.37 Su; Conseco Life Ins $38.00 Ded; Construction Rental $20.90 Su; Control Masters $617.50 Rep; Copycat $997.09 Various; Cornhusker Hotel $104.13 Tr; Cornhusker Restaurant $33.57 Tr; Corp Div Services $63,095.73 Various; Creative Curriculum $21.25 Bks; Crossroads Ford $562.30 Inv; Cullen, M $28.49 Cla; Culligan $206.77 Various; D&M Security $54.00 Rep; Dannehl's Feed $22.80 Su; Davidson Jewelry $106.95 Incentives; Dell $1,915.00 Equip; Detto $206.45 Equip; Development Council $612.66 Various; Don's Pioneer Uniforms $286.60 Cla; Don's Welding $394.33 Rep; Double M Farms $2,000.00 Composting; Dutton Lainson $33.33 Inv; E&S Tool Service $50.38 Su; Eakes Off Plus $3,459.55 Various; Ecolab $26.00 Su; Econo-Clad Books $545.49 Bks; Eggen, M $6.25 Tr; Eileen's Colossal Cookie $35.50 Various; Eirich, T $40.00 Reim; Elliott Equipment $2,806.19 Rep; Engels, D $15.00 Reim; Entenmann-Rovin $315.00 Cla; Environmental Resource $75.00 Su; Envirotech Svcs $9,602.04 Su; Essam's Decorating $30.00 Su; Expedia Svc $24.99 Tr; Exxonmobile $20.00 Tr; F&S Supply $75.00 Su; Fairbanks Int'l $449.92 Various; Family Bus Mgt $68.65 Bks; Family Counseling Ctr $61.47 Various; Farmers Union Coop $862.45 Various; Fastenal $101.39 Various; FDTN $240.00 Dues; Fiddelke Htg $25.56 Su; FIMCO/Schaben Ind $199.30 Su; Foot-Joy $7,207.45 Inv; Fox Bros Hay $1,050.00 Grinding; Fremont Nat'l Bank $33,934.26 Ded; Frontier $8,403.38 Various; Galls $105.40 Su; Gary's I-80 $540.00 Serv; Gen Traffic Controls $98.38 Su; Gonzelez, E $125.00 Serv; GFOA $900.00 Reg; Graham Tire #13 $66.62 Various; Grainger $63.30 Su; Great Lakes $563.50 Tr; Great Plains Asbestos Control $6,280.00 Serv; Griss, J $6.25 Tr; H&G Cleaners $1,540.97 Various; H&H Distributing $145.00 Su; Haeker, D $45.00 Reim; Handspring $223.95 Equip; Handy Shop $16.81 Tr; Hastings-Entertainment $124.92 Various; Heartland Mkt $119.26 Inv; Hobby-Lobby $23.59 Su; Hoffmeister, A $200.00 Serv; Holiday Inn $3,944.46 Reim; Holmes Plbg $1,272.27 Various; Hometown Leasing $206.00 Equip; HTE $3,000.00 Serv; Hygienic Lab $2,800.00 Serv; IACP $100.00 Dues; ICMA $565.00 Various; ICMA RC $2,417.85 Ded; IRS $77,572.54 Ded; Int'l Personnel Mgmt $430.00 Su; IPEX $300.00 Serv; ISDN $277.52 Various; ITT Rule $60.44 Inv; JnD's Screen Printing $186.00 Incentives; Jack Lederman $526.58 Various; Jacobson, Orr, Nelson $1,387.50 Serv; Jesco Wholesale Electrical $710.00 Rep; JJE $2,380.00 Serv; Johnson, A $83.26 Tr; JR's Western $624.73 Cla; K&K Parts $236.26 Inv; K Mart $395.94 Su; Kahle, A $48.30 Tr; Kaufman, H $29.93 Ref; Ky Area Chamber of Commerce $18,944.92 Taxes; Ky Area Solid Waste Agency $60,915.51 Tipping Fees; Ky Area United Way $981.37 Various; Ky Concrete $95.75 Various; Ky Family YMCA $2,247.07 Various; Ky Hub $143.21 Various; Ky Implement $1,378.18 Various; Ky Public Schools $23.00 Su; Ky Warehouse $159.92 Su; Ky Yamaha $141.06 Rep; Killion Motors $529.05 Inv; Kirkham Michael $2,500.00 Serv; Kolar, J $50.00 Tr; Kuykendall, J $180.00 Tr; L&W Service Center $818.23 Various; Labsafe $44.65 Su; Lampe's Air Filter $299.40 Su; Landmark Audiobooks $129.98 Bks; Lang, L $109.83 Tr; Laser Art Design $159.85 Su; Lawson Products $165.45 Rep; League of NE Municipalities $121.84 Various; Lee Wayne $2,351.05 Su; Lewis Transp Systems $173.88 Various; Lifeview Resources $144.20 Bks; Linweld $49.00 Su; Lisa's Instant Print $72.00 Su; Logan Contractors Supply $9,910.75 Su; Luke, D $1.75 Tr; Magic Cleaning $600.00 Various; Marketlinc $255.00 Equip; Marlatt Machine Shop $163.36 Various; Martinosky, M $50.00 Reim; Maxi Sweep $455.36 Su; McLaughlin, P $6.25 Tr; McLaughlin, S $200.00 Ins; Medical Air Products $35.00 Su; Mellen & Assoc $1,754.08 Inv; Meterorlogix $375.00 Serv; Mid America Pay Phones $200.00 Serv; Midway Chevrolet $7.61 Inv; Midwest Turf $370.58 Various; Miller & Assoc $123,415.09 Serv; Misko Sports $94.50 Su; Mister Anderson's $14.95 Bks; Mitchell Int'l $966.75 Serv; Mossbarger, B $200.00 Ins; Mr. Automotive $4,744.64 Various; MTI Crucial Technology $356.36 Serv; Municipal Clerk's School $530.00 Tr; Munster, T $18.20 Ref; NAPA The Parts Store $1,557.32 Various; Nat'l Alliance for Youth Sports $120.00 Dues; Nat'l Safety Compliance $64.65 Tr; NE Child Support $1,027.09 Ded; NE Licensed Beverage Assoc $160.00 Dues; NE Turfgrass Fnd $1,000.00 Tr; NE Cemetery Assoc $40.00 Dues; NE Dept of Env Quality $150.00 Tr; NE Dept of Revenue $32,298.49 Ded; NE Golf $260.00 Tr; NE Health & Human Svcs $869.00 Serv; NE Machinery $338.61 Inv; NE Mun. Clerk's Assoc $60.00 Dues; NE Peterbilt Ford $74.60 Inv; NE Rural Water Assoc $50.00 Tr; NE Truck Center $234.76 Inv; NEland Distributors $215.00 Su; New World Systems $27,300.00 Serv; Newman Signs $129.08 Su; Nogg Chemical $700.94 Inv; Northern Tool $1,022.08 Various; Northwestern Energy $12,409.74 Various; Northwestern University $3,825.00 Tr; NYSCA $150.00Su; Office Depot $843.06 Various; Office Max $782.12 Various; Office Net $250.53 Various; O'Keefe Elevator $160.00 Rep; O'Reilly $327.44 Various; Oriental Trading $74.49 Su; Orscheln Farm $350.86 Various; Our Designs $21.20 Su; Overhead Door $112.09 Rep; P.E.P. $92.25 Rep; Patterson, B $162.03 Reim; Petersen, R $11.00 Tr; PGA Education $842.24 Reg; Pinnacle Exterior $37.83 Ref; Platte Valley Comm $624.35 Various; Preferred Mail $116.78 Pstg; Prentice Hall $49.97 Tr; Presto-X $118.00 Rep; Purdy, K $40.41 Pc; Quick N Easy $8.15 Tr; Radio Shack $39.60 Equip; RdBldg Machine $243.28 Inv; Recognition Unlimited $216.95 Su; Recreonics $9,496.09 Various; Riverside Animal Hospital $1,518.15 Serv; Rocky Mtn Fleet Mgt Assoc $200.00 Dues; Roper Radiator $1,200.71 Rep; Roth, K $12.24 Cla; Saathoff, J $32.37 Various; Sage, P $15.90 Cla; Sahling Kenworth $148.50 Inv; Scholastic Store $55.25 Bks; School District #7 $2,140.80 Remittance; See Clear Cleaning $1,800.00 Serv; Sherwin Williams $189.35 Various; Shirt Shack $127.00 Su; Sierra Ind $400.59 Su; Skeeter Barnes $80.00 Serv; Smart Estore $63.20 Su; Sorensen Group $365.30 Rep; Sporting Edge $99.98 Su; St of NE Div of Comm $26.43 Serv; St of NE HHS Lab $124.00 Serv; St of NE Sec of State $40.00 Fees; St of NE State Fire Marshal $120.00 Various; Sterling Dist $15.64 Su; Sunset Printing $401.39 Incentives; Target $424.76 Various; Teamsoftware Solutions $104.00 Su; Tollefsen Elliott Lumber $1,082.74 Various; Tractor Supply $599.70 Various; Union Oil $14,471.30 Inv; United Air $476.00 Tr; United Distillers $98.85 Su; United Industries $400.60 Su; UPS $110.87 Pstg; US Bank $33,703.71 Various; USA Blue Book $56.82 Inv; USPS $120.38 Pstg; Utility Equip $2,538.18 Inv; Valk Mfg $2,564.28 Serv; Van Diest Supply $923.93 Su; Village Cleaners $196.75 Cla; Waldenbooks $50.00 Su; Walmart Supercenter $2,901.64 Various; We Care Tree Care $574.00 Serv; Whiskey Creek Steakhouse $80.00 Serv; Wiederspan, R $151.29 Tr; Wilke Donovans True Value $154.50 Various; Wilke, C $579.00 Tr; Xerox $525.59 Various; Young, E $29.93 Ref; Zimmerman Printers $523.50 Su; Payroll Ending 01-25-2003 -- $224,853.23.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve the request submitted by Karla Falk on behalf of the Student Activities Council at the University of Nebraska at Kearney to conduct the 5K Race on April 12, 2003 beginning at 8:00 a.m.  The route and streets to be used are as follows:  15th Avenue beginning at the UNK Practice Field, south on 15th Avenue to North Railroad Street, west on North Railroad Street to 30th Avenue, south on 30th Avenue to 11th Street, east in 11th Street to Kea West Road, south on Kea West Road ending at E.K. and Mary Yanney Heritage Park.

 

4.         Approve Change Order No. 2 for a decrease in the amount of $26,559.68, Application and Certificate for Payment No. 6-Final in the amount of $2,080.00, and the Certificate of Substantial Completion submitted by Paulsen, Inc. for the 2001 Part II Improvements consisting of Paving Improvement District No. 2000-835 for 39th Street from 342 feet east of Avenue N to Union Pacific Railroad, Intersection Improvement District No. 2000-5 for 39th Street and Avenue N and approve Resolution No. 2003-15.

 

RESOLUTION NO. 2003-15

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2001 Part II Improvements consisting of Paving Improvement District No. 2000-835 for 39th Street from 342 feet east of Avenue N to Union Pacific Railroad, Intersection Improvement District No. 2000-5 for 39th Street and Avenue N, and the City’s engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing a decrease in the amount of $26,559.68 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Paulsen Inc. and the City’s engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 6-Final in the amount of $2,080.00 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,145,452.30

Change Order No. 1 (07-09-2002)

+     55,809.45

Change Order No. 2 (02-11-2003)

Current Contract Price

-     26,559.68

$1,174,702.02

 

 

Contract Sum to Date

$1,174,702.02

Total Completed and Stored to Date

1,174,702.00

Less Retainage

.00

Amount Due to Date

1,174,702.07

Less Previous Certificates for Payment

  1,172,622.07

 

 

Current Payment Due

$        2,080.00

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of November 26, 2002, 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. 2, as shown on Exhibit “A”, Application and Certificate for Payment No. 6-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 11TH DAY OF FEBRUARY, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

5.         Approve Change Order No. 2 for a decrease in the amount of $11,839.50, Application and Certificate for Payment No. 4-Final in the amount of $34,270.73, and the Certificate of Substantial Completion submitted by Dan Roeder Concrete, Inc. for the 2002 Part I Improvements consisting of Paving Improvement District No. 2001-861 for Avenue R from 45th Street north 785 feet, Paving Improvement District No. 2001-862 for 46th Street Place from Avenue R east 530 feet, Paving Improvement District No. 2001-863 for 47th Street Place from Avenue R east 530 feet, and the Kearney Area Solid Waste Agency Landfill entrance road and approve Resolution No. 2003-16.

 

RESOLUTION NO. 2003-16

 

            WHEREAS, Dan Roeder Concrete has performed services in connection with the 2002 Part I Improvements – Bid B consisting of Paving Improvement District No. 2001-861 for Avenue R from 45th Street north 785 feet, Paving Improvement District No. 2001-862 for 46th Street Place from Avenue R east 530 feet, Paving Improvement District No. 2001-863 for 47th Street Place from Avenue R east 530 feet, and the Kearney Area Solid Waste Agency Landfill entrance road, and the City’s engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing a decrease in the amount of $11,839.50, as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

            WHEREAS, the Contractor and Engineer have filed with the City Clerk Application and Certificate for Payment No. 4-Final in the amount of $34,270.73 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$316,316.00

Change Order No. 1 (08-27-2002)

+  28,975.00

Change Order No. 2 (02-11-2003)

-  11,839.50

Contract Sum to Date

$333,451.50

Total Completed and Stored to Date

333,451.50

Less Retainage

.00

Less Previous Certificates for Payment

299,180.77

Amount Due to Date

$34,270.73

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of September 6, 2002, 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. 2, as shown on Exhibit “A”, Application and Certificate for Payment No. 4-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 11TH DAY OF FEBRUARY, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

6.         Approve Application and Certificate for Payment No. 3 in the amount of $283,622.69 submitted by Midlands Contracting, Inc. for the 2002 Water System Improvements consisting of Water Connection District No. 2002-1 in Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence east to Airport Road, thence north to 39th Street; Water Connection District No. 2002-2 in Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a distance of 1,890 feet; Water Connection District No. 2002-3 in 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition, north a distance of 1,371 feet; Avenue F from 27th Street to 28th Street; 28th Street from Avenue E to Avenue F and approve Resolution No. 2003-17.

 

RESOLUTION NO. 2003-17

 

WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2002 Water System Improvements consisting of Water Connection District No. 2002-1 in Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence east to Airport Road, thence north to 39th Street; Water Connection District No. 2002-2 in Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a distance of 1,890 feet; Water Connection District No. 2002-3 in 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition, north a distance of 1,371 feet; Avenue F from 27th Street to 28th Street; 28th Street from Avenue E to Avenue F, and the City’s engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 3 in the amount of $283,622.69 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,129,012.50

Change Order No. 1 (10-22-2002)

+     62,330.00

Contract Sum to Date

 

Total Completed and Stored to Date

Retainage

Total Earned Less Retainage

Less Previous Payments

 

Current Payment Due

$1,191,342.50

 

$1,082,752.36

54,137.62

1,028,614.74

    744,992.05

 

$  283,622.69

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kear,ney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 3, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 11TH DAY OF FEBRUARY, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

7.         Approve the Consultant Agreement with Kirkham Michael & Associates for Phase 2 of the design services of Part 107 security fence located at the Kearney Municipal Airport and approve Resolution No. 2003-18.

 

RESOLUTION NO. 2003-18

 

            BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the President be and is hereby authorized and directed to execute the Consultant Agreement, on behalf of the City of Kearney with Kirkham Michael & Associates, a copy of the Agreement, marked Exhibit “A” is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 11TH DAY OF FEBRUARY, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

8.         Award the bid for the purchasing of Water Distribution Parts Inventory from the following vendors:  Water Products Inc. of McPherson, Kansas in the amount of $7,200.54; Kearney Winnelson Co. of Kearney, Nebraska in the amount of $295.20; National Water Works of Omaha, Nebraska in the amount of $289.00; Utility Equipment Company of Lincoln, Nebraska in the amount of $67.50; and Municipal Supply Inc. of Hastings, Nebraska in the amount of $53,521.94.

 

9.         Approve the recommendation from the Mayor on the appointment of Kurt Schmidt to serve on the Advisory Board of Cable Commissioners, and the reappointment of Tracy Shada to serve on the Park and Recreation Advisory Committee, and Mary Kalb to serve on the Kearney Housing Agency.

 

10.        Approve the Amendment to Real Estate Exchange Agreement between the City of Kearney and 21st Century Investment Co., L.L.C. for the renovation and reconstruction of a water transmission line from the Kearney Canal south through Lot 1, Meadowlark Gardens Addition to Highway 30 and approve Resolution No. 2003-19.

 

RESOLUTION NO. 2003-19

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Amendment to Real Estate Exchange Agreement”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and 21st Century Investment Co., L.L.C., be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 11TH DAY OF FEBRUARY, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

11.        Approve the Two-Party Contract between the City of Kearney and RHOJCOAMT for the renovation and reconstruction of a water transmission line from the Kearney Canal south through Lot 1, Meadowlark Gardens Addition to Highway 30 and approve Resolution No. 2003-20.

 

RESOLUTION NO. 2003-20

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Two-Party Contract”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and RHOJCOAMT be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 11TH DAY OF FEBRUARY, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

12.        Approve granting a Water Transmission Line Easement for a 20-foot wide strip of land located in Lot 1, Meadowlark Gardens, an addition to the City of Kearney, Buffalo County, Nebraska from the City of Kearney to RHOJCOAMT and approve Resolution No. 2003-21.

 

RESOLUTION NO. 2003-21

 

BE IT RESOLVED by the President and City Council of the City of Kearney that the President, on behalf of the City of Kearney, be and is hereby authorized and directed to execute the Water Transmission Line Easement, a copy of which marked Exhibit “A” is attached hereto in favor of RHOJCOAMT, a Limited Partnership.

            PASSED AND APPROVED THIS 11TH DAY OF FEBRUARY, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

City Manager stated that this item is a non-controversial issue, which is the reason it was placed on the Consent Agenda.  However, Tom Tye Chairman of the Yanney Heritage Park Foundation, and Marge Lauer, Director, were present and Mr. Tye wished to address the issue.     

 

Mr. Tye stated they have been operating under the original agreement and lease since April 14, 1998.  At this point in the development of the Park, there is a pretty good critical mass in place.  There was a celebration in September 2002, to display the things that have been done there.  In the context of negotiating this amendment, they have tried to take a look at the relationship between the Foundation and the City.  They need to see if there are things that need to be done to fine tune their structure, to better define various roles that go into this particular project, etc.  It took them several months to come up with this amendment. 

 

Basically, the document just clarifies and reiterates the partnership that is involved in this project.  They set up what they hope to be a more functional and streamline process.  They redefined a committee structure that will be more vertical and make decision making easier as they bring new things into the park plan.  They set up three committees, fund raising, project development and program committee.   These committees are made up of individuals from the Foundation, City and other community volunteers.  There are some individuals from the Park Advisory Board plugged into those functions as well.  They also included some definitional things, such as, what role the foundation will be primary responsible for, what role the City will be responsible for, and what will be a cooperative effort. 

 

Mr. Tye continued to state there will be a lot of things happening with the project design and development.  He pointed out that it is restated that the City will always have the final approval on things that are done at the Park.  The policy is that they will always insure that there are sufficient monies for a particular component before it is built and that includes the commitment to the endowment.  They continue to have that endowment, which will be there to supplement operational needs at the park.  Under the new process, the City Manager will review each component for approval.  It would only go forward with his approval and require criteria for how it would be done in a relatively expedient way.

 

The fund raising component will largely remain with the Foundation.  It restates that the purpose of the endowment is to help supplement the operations and maintenance of the Park.  The utilities are where the City becomes involved.   There is an understanding that the City must operate within their budget.  The utilities would come through the City’s process to see if they are appropriate for the City budget to provide sewer, water and sanitation.  Regarding any infrastructure component, the City would decide if it could prudently and properly budget it into their process during their budgetary cycle. 

 

After being involved with this project for five years, he believed this was a very healthy process to step back and take a look at an amendment.  They took a look at where they have been, some bumps along the way, and where they are going.  This agreement will be in effect until December 2004. They believe this would be a good two year interim agreement and will be reviewed again at that time.

 

City Manager Allen Johnson stated that the issue is that if this is going to be utilized as a park, at what point does the City enter into the equation as we do with the other parks?  What the agreement envisions is whatever the degree of participation concerning money is; it will be run through the City’s budgetary process in the normal park maintenance and park development budgets.  The Council and taxpayer can be assured that this would take place only after it has been approved as a specific part of the budget.   

 

Mr. Tye also added that Dusty Rodiek, Superintendent at Cottonmill, has been assigned to be Superintendent at Yanney Park.  Mr. Rodiek will provide his expertise in the management and operation of Yanney Park.  He is confident that Mr. Rodiek’s talents will be helpful and appreciated the allocation of that personnel to Yanney Park.

 

Moved by Blankenship seconded by Kearney that Subsection 13 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.

 

13.        Approve the Amendment to Original Agreement and Lease of April 14, 1998 between the City of Kearney and the Yanney Heritage Park Foundation to further clarify the terms and conditions of the Original Agreement and approve Resolution No. 2003-22.

 

RESOLUTION NO. 2003-22

 

            BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the President be and is hereby authorized and directed to execute the Amendment to Original Agreement and Lease of April 14, 1998, on behalf of the City of Kearney with Yanney Heritage Park Foundation, a copy of the Amendment, marked Exhibit “A” is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 11TH DAY OF FEBRUARY, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 6933 – SELL VACATED EAST 10 FEET OF 1ST AVENUE; TIM LOWE

 

Tim Lowe has inquired about the vacated east ten feet of 1st Avenue lying south of Railroad Street.  In reviewing the records, it appears this parcel of land was vacated by the City in 1969.  However, the records do not show where the property owner purchased this right-of-way, and that it still belongs to the City.  Mr. Lowe is very much interested in purchasing this vacated ten feet of right-of-way as it abuts Lots 754 through 760, inclusive.  It is the City’s policy that vacated property be appraised.  Attached is an appraisal from Lambert Real Estates Company dated January 25, 2003 stating the vacated right-of-way had an appraised value of $947.25.

 

Council Member Kearney introduced Ordinance No. 6933, being Subsection 1 of Agenda Item V to sell the vacated east ten feet of 1st Avenue abutting Lots 754 through 760, inclusive, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska to Timothy E. Lowe in the amount of $947.25, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley.  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. 6933 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Hadley that Ordinance No. 6933 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Zapata, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6933 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. 6934 – REZONING 2038 2ND AVENUE; KEARNEY FLORAL

 

Council Member Hadley introduced Ordinance No. 6934, being Subsection 1 of Agenda Item VI to rezone from “District M-1, Limited Industrial District” to “District CBD, Kearney Center Mixed Use District” property described as being the east 80.0 feet of Lot 426, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2038 2nd Avenue), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Zapata 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: Blankenship, Zapata, Hadley, Buschkoetter, 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. 6934 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Buschkoetter, Zapata, Hadley, Kearney.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Zapata seconded by Blankenship that Ordinance No. 6934 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6934 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. 6935 – REZONING 2930 AVENUE E; NORMAN OTTO

 

Council Member Hadley introduced Ordinance No. 6935, being Subsection 2 of Agenda Item VI to rezone from “District R-2, Urban Residential Mixed-Density District” to “District R-3, Urban Residential Multi-Family (Medium Density) District” property described as all of Lot 454, and Lot 455 except the west 10.0 feet of the north 70.0 feet thereof, Southwest Quarter of School Section Addition to the City of Kearney, Buffalo County, Nebraska (2920 Avenue E), 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 Zapata 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: Blankenship, Zapata, Hadley, Buschkoetter, 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. 6935 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Zapata, Hadley, Buschkoetter, Kearney.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Zapata seconded by Blankenship that Ordinance No. 6935 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6935 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. 6936 – VACATE 200-FOOT SETBACK LINE

 

The applicant is pursuing approval of vacation of a 200-foot building setback for all of Lot 2 and Lot 3 except however that part of Lots 2 and 3 lying between the frontage road and 2nd Avenue, Deyle Charitable Trust, an addition to the City of Kearney, Buffalo County, Nebraska.  The property is located at the northwest corner of the intersection of 44th Street and 2nd Avenue and is zoned C-2, Community Commercial District.

 

The setback line in question is associated with the new lot created by a minor subdivision filed on October 19, 2002.  The developer would like to develop three lots with two buildings.  Each building would be located across the setback line on two lots.  Therefore, the setback line must be vacated.  A new setback line was proposed by the Planning Commission.

 

The applicant is requesting vacation of the 200-foot front building setback for Lots 2 and 3 of Deyle Charitable Trust Subdivision except, however, that part of Lots 2 and 3 lying between the frontage road and 2nd Avenue.  This parcel is located north of 44th Street and west of 2nd Avenue.  This item was before the Planning Commission at the last regularly scheduled meeting in January but no one was present to represent the project so it was continued.  A special meeting of the Planning Commission was convened on January 29, 2003 to hear this matter.  The applicant has requested the setback vacation to accommodate an expansion of Builders How-To Warehouse facilities.  This project will require review and approval of Development Plans, which will be forthcoming in the near future.  An overall Master Plan of the “campus” has been provided to represent the relationships between the various components as they relate to one another and to the platted 200-foot building setback line.  The development proposal also includes Good Samaritan Health Systems as the existing medical support building located immediately south of the existing Builders Warehouse store will be demolished and a new facility will be built for the same use further to the south.

 

The 200-foot building setback in question was originally platted when Deyle Charitable Trust subdivision was created.  The 200 foot setback is measured from the west right-of-way line of 2nd Avenue and was platted at that depth because at the time of platting the existing developed properties on the west side of 2nd Avenue were at the 200 foot mark.  The style of development at that time was “big box” retail buildings with large off-street parking lots to the front serviced by a frontage road.  The presence of the large parking lots insured there were no conflicts with a deep building setback.  Small scale development such as Barrista’s or Sonic are located on outlots closer to 2nd Avenue.  These small commercial developments do not have the same impact as a large big box retailer and are generally acceptable closer to the street.

 

The current proposal consists of three components to be constructed south of the existing Builders building.  The most prominent will be a 40,000 square foot warehouse building that will house building materials and supplies.  The operations concept of this building is based on the latest style of service delivery in the building supply trade, which consists of “drive-thru” service.  A customer drives into the warehouse, the vehicle is loaded with the required merchandise, the customer pays and drives out.  Because of the function and size of this building it will not fit on the site if the 200-foot setback is maintained.  The warehouse is located approximately 126 feet west of 2nd Avenue.  The other two components include a large parking lot between the proposed drive-thru warehouse and the existing Builders building and a new building south of the drive-thru warehouse for Good Samaritan Health Systems.  A frontage drive parallels 2nd Avenue on the west side providing access to these parcels.  The frontage road curves to provide vehicle stacking at intersections.  It appears the proposed warehouse will be approximately 45 feet west of the frontage road at its closest point and the medical building will be approximately 25 feet from the frontage road at its closest point.

 

The proposed site layout cannot be achieved with the 200-foot building setback platted in place.  Therefore, the applicant is requesting vacation of the platted setback.  In most cases, once the platted setback is vacated the “new” setback becomes the “default” setback for the particular zoning district.  In this case the property is zoned C-2 so the required front setback is 25 feet.  With the frontage road situation a 25-foot setback is not sufficient.  Staff recommended that a new front building setback be established for these parcels as part of the Planning Commission motion to vacate the existing 200-foot setback.  A setback of 50 feet from the west edge of the frontage road easement accommodates both the warehouse building and the Good Samaritan building.  The proposed location of the medical building must be shifted to the west to accommodate the 50 foot setback.  George Volz with Good Samaritan Health Systems indicated that the new location is acceptable.

 

Planning Commission recommended a new setback line 50 feet west of the frontage road that appears to be favorable for the development of the proposed project while maintaining the high visual quality of development along the 2nd Avenue corridor.  Any adjustments necessary to the overall site plan can be discussed in detail at the Development Plan hearing in the future after the setback issue is resolved.

 

Richard Stacy from Miller & Associates presented this matter to the Council.  He represents Myron Anderson and Builders Warehouse in requesting the vacation and the reestablishment of a setback line.  This setback line was arbitrarily established sometime ago.  A 200-foot setback from 2nd Avenue suits the big box developments such as K-Mart, Wal-Mart, Target, etc.  This development is a departure from the ordinary.  Instead of having the large parking lot in front of the building, you drive into the building, pick up your materials and pay for your materials as you exit.  There is no parking lot associated with this proposed concept.  However, in order to accomplish the drive through, it is a deeper building plan than the big box developments. 

 

Although they understand there is a need for proper setbacks and orderly development, in order to compensate for this, the lot that is presently occupied by Central Nebraska Home Care and is adjacent to Builders Warehouse will be removed.  That area will be turned into a parking lot.  That lot will have no building at all on it.  The proposal is that we are asking to allow this encroachment into the 200-foot setback, which is more than made up by the vacancy of the lot that will be used for parking. 

 

The present Builders Warehouse facility will be turned 90 degrees.  It will no longer face 2nd Avenue as a public access.  It will face the interior parking lot.  The present building will be completely remodeled and renovated to provide an attractive front to 2nd Avenue.  The suggestion is to maintain an orderly 2nd Avenue with the landscaping.  This will provide a little texture, since all the buildings aren’t going to be arbitrarily 200 feet.  This one will be encroaching an additional 75 feet.  They are asking to come closer to the frontage road.  If this is conceded, they agree they need to setback off that frontage road a proper distance.  The Planning Commission, the applicant, and Hospital staff agreed that a 50-foot setback from that frontage road would give adequate traffic clearance and visual relief.   The existing building will remain back where it is.  The Hospital will replace their building immediately south of the new drive-through facility, which will, in turn, set back farther than they are now.  He stated that the new building and the proposed building would blend together and create a unifying element on 2nd Avenue.

 

Council Member Kearney stated that this is a substantial building and is going to be an improvement for that bare lot.

 

Council Member Bushkoetter wanted to know what kind of “stacking” there would be before getting into the building.  He commented that he believed it was a great project and knows if there is a problem that the applicant will take care of it.

 

Mr. Stacy responded there should not be any stacking because you go to the entrance of the building and tell them what you wish to purchase and they immediately direct you into the building.  It is true that at certain times, you might get two people arriving at the same time, one will have to park behind the other until first person is directed into the building.  Once inside, there is parking inside the building.  There will be a 30-foot alley that you can pull into, pull off to one side, pick up materials and other cars can still drive through to their area.  They do not anticipate stacking.  If there is any stacking, it could be on the way out when they are waiting to pay.  There is a process to prepare a bill and that is where some stacking might occur.  They believe that the 50 feet will provide a proper buffer for that area.  If this should become a problem, it will be remedied because the last thing that they want is people to be unable to access their building.

 

Council Member Hadley asked if this building has anything to do with the Good Samaritan Health Systems?  His concern was since he is on the Good Samaritan Board, would he be voting on anything that would be a conflict of interest?

 

Mr. Stacy replied that Good Samaritan Health Systems was purposely eliminated from this proposal. They are not required to come before the Planning Commission.  Mr. Anderson is required to go before the Planning Commission now because of the size of his development.  Good Samaritan Health Care has absolutely no bearing.  He mentioned them only to familiarize everyone with what is going on.

 

Mr. Stacy further stated that the Central Nebraska Home Care building needs to be relocated to make this whole plan work.  Mr. Anderson has bought the two remaining lots south to 44th Street.  These lots do him no good when his two facilities are separated by CNHC.  Central Nebraska are anxious and willing to relocate to a more prominent location on the corner of 44th Street so they are swapping land.

 

Mayor Blankenship commented that opening the proposed 4th Avenue would add some additional traffic and probably require some landscaping on the back of the current warehouse facility.  These issues will be addressed when applying for building permits.  

 

Director of Public Works Rod Wiederspan commented that Mr. Anderson has already stated that he has no objection to 4th Avenue being installed.  He would work with abutting property owners up there to create the districts.

 

Council Member Blankenship introduced Ordinance No. 6936, being Subsection 3 of Agenda Item VI to vacate the 200-foot building setback line as platted (and recorded on minor subdivision filed October, 2001) on all of Lot 2 and Lot 3 except that part of Lots 2 and 3 lying between the frontage road and 2nd Avenue, Deyle Charitable Trust, an addition to the City of Kearney, Buffalo County, Nebraska subject to re-establishing the building setback line at 50 feet west of the 40-foot permanent roadway easement as defined on the final plat of Deyle Charitable Trust Addition, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley.  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. 6936 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Kearney seconded by Buschkoetter that Ordinance No. 6936 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6936 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.

 

SUPPORT CONSTRUCTION OF NEBRASKA ARMY NATIONAL GUARD HELICOPTER FACILITY

 

Mayor Blankenship opened for discussion the support of the construction of a $20,000,000 Apache Helicopter Facility at the Kearney Municipal Airport proposed by the Nebraska Army National Guard and approve Resolution No. 2003-23.

 

City Manager Allen Johnson presented this matter to the Council.  The Nebraska Army National Guard is proposing to locate a site to construct a $20 million helicopter facility in either Kearney or Grand Island.  The facility will house a fleet of approximately 16 AH-64A Apache helicopters.  The Kearney Municipal Airport would be the ideal location with the current newly-constructed Armory at the Airport and the possibility of expansion.

 

The Nebraska Army National Guard will have approximately 233 Army National Guard Soldiers assigned to the facility with approximately 80 of them being full-time employees.  The estimated payroll of such a facility is approximately $3 million annually.

 

Mayor Blankenship stated that the City Manager has spent a great deal of time, energy, and leadership on putting together this project.  He believes, win or lose, Kearney can be very proud of their proposal.  It is very well done and will put Kearney’s best foot forward.  This is an important project and there has been a ton of work done to make this proposal work. 

 

Moved by Buschkoetter seconded by Hadley to approve supporting the construction of a $20,000,000 Apache Helicopter Facility at the Kearney Municipal Airport proposed by the Nebraska Army National Guard and approve Resolution No. 2003-23.  Roll call resulted as follows:  Aye: Blankenship, Zapata, Hadley, Buschkoetter, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-23

 

            WHEREAS, the Nebraska Army National Guard desires to locate a site to construct a $20 million helicopter facility at which the 1-124th Cavalry Squadron can house the State’s entire AH-64A Apache fleet; and

            WHEREAS, with the construction of this facility, the Nebraska Army National Guard currently has technologically advanced facilities located at the Kearney Municipal Airport which offer the possibility of adjacent expansion; and

            WHEREAS, the new facility will have approximately 233 Army National Guard Soldiers assigned to the facility, with approximately 80 of them being full-time employees; and

            WHEREAS, Kearney achieves its success through partnerships with The Development Council, The Kearney Chamber of Commerce, the University of Nebraska at Kearney, the Kearney Public Schools, Good Samaritan Hospital, and Buffalo County; and

            WHEREAS, if approved, the facility would be located at the Kearney Municipal Airport and would be a valuable asset to the community.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City of Kearney fully supports the Nebraska Army National Guard in the construction of a $20 million helicopter facility located at the Kearney Municipal Airport.

            PASSED AND APPROVED THIS 11TH DAY OF FEBRUARY, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

PLANS AND SPECS – 1.5 MG ELEVATED WATER STORAGE FACILITY PAINT RESTORATION PROJECT

 

Mayor Blankenship opened for discussion the Plans and Specifications for the 1.5 MG Elevated Water Storage Facility Paint Restoration Project located at 39th Street and 30th Avenue and set the bid opening date for March 4, 2003 at 2:00 p.m.

 

Director of Utilities Kirk Stocker presented this matter to the Council.  In this year’s budget the Utilities Department included funds for the restoration/repainting of the 1.5 Million-Gallon Water Storage Facility located at 39th Street and 30th Avenue.  The water tower was last painted when it was constructed in 1978.  The water tower exterior needs to be repainted and the bowl of the water tower needs to be recoated at this time to insure the life of the facility.

 

The project calls for the exterior of the water tower to be power washed and repainted.  The exterior will be painted the same color as the new 2 million gallon water tower that was constructed last summer.  The project includes painting “Kearney” on the water tower and adding exterior lights like the new water tower.  The inside of the water tower bowl will be completely sand blasted, recoated and an access ladder will be added inside the bowl for safety reasons as well as easier maintenance.  Inside the pedestal the bottom of the bowl will be power washed and repainted.  Also, the project calls for coax from communications antennas located on top of the tower to be relocated to a location off of the access ladder for safety reasons.

 

Reed Miller from Miller & Associates presented this to the Council.  He stated that the proposed date for the bid is March 4th.  The engineer’s estimate ranges from $180,000 to $280,000.  All work is to be completed by October 1, 2003.  The tower needs to be repainted in the same color and pattern as the existing two million gallon tower.  They propose to do two coats of epoxy on the interior.  A hydro wash would be applied on the exterior and then a new type of paint called “spray safe” that as the mist falls it dries before it hits the ground.

 

Mayor Blankenship asked if the work inside the bowl would impact water delivery service.  Also, by doing this restoration work, he wanted to know if it would ensure the life of the facility and what the life of the water tower is expected to be.

 

Mr. Miller stated since there is the new two million gallon tower online, which is a half million larger than last summer, the City should have sufficient water.  There is the capacity in the well field and Kearney faired very well compared to other communities around the state last year.  Kearney had plenty of water.  This is just a restoration project and will be down for a short period of time, but the City does have the ground storage to utilize, if necessary.

 

The water tower that was on 39th Street was over 25 years old.  The tank is a plate of steel, so that if that steel is properly protected, there is not a lot to wear out.  Some of the old towers that were put in during the early 1900’s are still serviceable.  The problem is they were riveted.  Rivets can get loose and corrode a little; some will corrode shut, which is a positive thing.  These new tanks are welded steel tanks.  He estimated that tanks should last 100 years if properly painted.  Kearney has always done this maintenance in the past. 

 

Moved by Hadley seconded by Zapata to approve the Plans and Specifications for the 1.5 MG Elevated Water Storage Facility Paint Restoration Project located at 39th Street and 30th Avenue and set the bid opening date for March 4, 2003 at 2:00 p.m.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.

 

OPEN ACCOUNT CLAIMS --      NONE

 

There were no Open Account Claims.

 

VII.    REPORTS

 

City Manager asked that the proposed schedule for the Long Range Goals be reviewed.   He asked the Council to take a look at the goals and make sure there are no glitches.  One of the major proposed things to be kicked off is a Community Goals Forum which is tentatively scheduled for March 4th.  This would be something similar to the open forum concept that was done last year.

 

VIII.    ADJOURN

 

Moved by Zapata seconded by Kearney that Council adjourn at 8:32 p.m.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley.  Nay: None.  Motion carried.

 

 

ATTEST:                                                                       BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK