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Kearney, Nebraska

March 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 March 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 McElhinny, Rick Luth, Dick Stacy, Myron Anderson, Jerry Idt, Tom Tye, Tim Trompke, Lori Trompke, Bobby Turner, Bob Chop, Hannah Anderson, Tracy Cook, Dana Daniels, Mike Konz, Billy Boyer, Mike Cahill.

 

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 C.J. Willis, Chaplain from Good Samaritan Hospital provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Dan Hansen, Matt Hansen, Steven Hansen, along with 12 members from Troop 139 led the Council members and audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS

 

Council Member Hadley introduced Michele McGeorge and Marcus Stoddard from the University of Nebraska at Kearney Student Council.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

CONDITIONAL USE PERMIT – JAYLENE BASHORE, 510 HURON DRIVE

 

Mayor Blankenship stated that 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 requested by the attorneys involved to be removed from the Agenda for an indefinite period in order to provide all parties additional time to settle and resolve the issue.

 

Moved by Kearney seconded by Buschkoetter to that the Appeal from the decision by the Planning Commission to approve the Application submitted by Jaylene Bashore for a Conditional Use Permit to locate a Bed and Breakfast at 510 Huron Drive be removed from the agenda for an indefinite period in order to provide all parties additional time to settle and resolve the issue; AND that, in the event, this matter needs to be placed back on the agenda for action by the City Council, that the City shall be notified in advance in order to properly publish such matter. Roll call resulted as follows: Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter. Nay: None. Motion carried.

 

INCLUSION TO CORPORATE BOUNDARIES – CAMRON FIRST ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Gene McElhinny (Applicant and Owner) for the inclusion of “CAMRON FIRST ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 9.15 acres, more or less, Buffalo County, Nebraska (northwest quadrant of 56th Street and Avenue N) and to consider Resolution No. 2003-33. Planning Commission recommended approval.

 

This hearing and the next hearing were discussed together but voted on separately.

 

The applicant is requesting the second round of approvals for the first phase of a mixed use development located at the northwest corner of the intersection of 56th Street and Avenue N.  The rezoning and development plans were approved by City Council December 10, 2002.  The preliminary plat for this project was approved by the Planning Commission in November 2002.  Several condominium buildings are proposed in the first phase along with a future convenience store site at the intersection.  The condominiums will wrap around the convenience store and provide a transitional buffer for future single-family dwellings to the north and west.  The overall site consists of 9.14 acres of which 1.78 acres is zoned C-1 for the convenience store while the remainder is zoned R-2/PD for the condominium development.

 

The applicant is requesting approval of the final subdivision plat for Camron 1st Addition.  The preliminary plat was approved by the Planning Commission on November 15, 2002 and a recommendation for approval of the annexation question and the final plat was approved by the Planning Commission February 21, 2003.  The subdivision consists of four lots.  One lot is reserved for the convenience store, one lot is reserved for the condominiums and the two remaining lots are tracts of additional land that will be incorporated into future phases of the development.  A Public Works Plan is required in conjunction with the final plat and has been submitted to the City.

 

Other considerations include:

a)       No building permits will be issued until the design of the stormwater detention system is finalized, including plans and computations.

b)       An eight-foot wide hike-bike trail shall be installed on the west side of Avenue N as the lots develop.  The City will pay for four feet of the proposed trail and the Developer will pay for four feet.

 

Urban services are available to this parcel and it is contiguous to the existing city limits.  Therefore, this property should be included within the corporate boundaries of the City of Kearney.

 

Gene McElhinny presented this matter to the Council.  He stated that all of the conditions set forth by the Planning Commission have been met including storm water detention, which will be built under the infrastructure agreement. 

 

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 Gene McElhinny (Applicant and Owner) for the inclusion of “CAMRON FIRST ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 9.15 acres, more or less, Buffalo County, Nebraska (northwest quadrant of 56th Street and Avenue N) and approve Resolution No. 2003-33. Roll call resulted as follows: Aye: Blankenship, Zapata, Hadley, Buschkoetter, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-33

 

            WHEREAS, an Application has been submitted by Gene McElhinny (Applicant and Owner) for the inclusion of “CAMRON FIRST ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land beginning at the Southeast Corner of the Southeast Quarter of Section 24, Township 19 North Range 16 West of the 6th P.M., thence S89º40’00” along the south line of said Southeast Quarter of said Section 24, a distance of 1033.46 feet, thence N00º20’00”W leaving the south line of said Southeast Quarter of said Section 24, a distance of 78.00 feet, thence N71º37’26”E, a distance of 96.70 feet, thence N71º11’29”E, a distance of 121.90 feet, thence N66º26’09”E, a distance of 150.01 feet, thence N60º07’22”E, a distance of 145.82 feet, thence N53º39’20”E, a distance of 216.41 feet, thence N41º15’36”E, a distance of 169.48 feet, thence N35º53’18”E, a distance of 108.57 feet, thence N30º05’13”E, a distance of 180.33 feet, thence N27º32’07”E, a distance of 156.83 feet, thence N17º02’09”E, a distance of 58.66 feet, thence N90º00’00”E, a distance of 33.00 feet to a point on the east line of said Southeast Quarter of said Section 24, thence S00º00’00”E, along the east line of said Southeast Quarter of said Section 24, a distance of 969.17 feet to the True Point of Beginning, said tract containing 9.15 Acres more or less of which 2.23 Acres more or less is dedicated road right-of-way, all in Buffalo County, Nebraska (northwest quadrant of 56th Street and Avenue N); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on February 21, 2003 on the inclusion of “CAMRON FIRST ADDITION” 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 “CAMRON FIRST ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska;

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on March 11, 2003 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 “CAMRON FIRST ADDITION” 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 “CAMRON FIRST ADDITION” within the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County Register of Deeds.

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

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

FINAL PLAT – CAMRON FIRST ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Gene McElhinny (Applicant and Owner) for final plat approval for “CAMRON FIRST ADDITION” of a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 9.15 acres, more or less, Buffalo County, Nebraska (northwest quadrant of 56th Street and Avenue N) and to consider Resolution No. 2003-34. Planning Commission recommended approval. Administration recommends approval with the conditions that: (1) No Building Permits will be issued until the design of the stormwater detention system is finalized, including plans and computations; and (2) An eight-foot wide hike-bike trail shall be installed on the west side of Avenue N as the lots develop; the City will pay for four feet of the proposed trail and the Developer will pay for four feet.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Zapata to close the hearing and approve the Application submitted by Gene McElhinny (Applicant and Owner) for final plat approval for “CAMRON FIRST ADDITION” of a tract of land being part of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 9.15 acres, more or less, Buffalo County, Nebraska (northwest quadrant of 56th Street and Avenue N) and approve Resolution No. 2003-34 subject to compliance of the following conditions that: (1) no building permits will be issued until the design of the stormwater detention system is finalized, including plans and computations being submitted to the City; and (2) an eight-foot wide hike-bike trail shall be installed on the west side of Avenue N as the lots develop; the City will pay for four feet of the proposed trail and the Developer will pay for four feet.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-34

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “CAMRON FIRST ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved 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 no building permits will be issued until the design of the stormwater detention system is finalized, including plans and computations are submitted to the City.

            BE IT FURTHER RESOLVED that an eight-foot wide hike-bike trail shall be installed on the west side of Avenue N as the lots develop; the City will pay for four feet of the proposed trail and the Developer will pay for four feet.

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

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

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING - BETWEEN 22ND STREET AND 23RD STREET AND ½ BLOCK WEST OF AVENUE Q

 

Mayor Blankenship opened the public hearing on the Application submitted by Richard and Gwen Luth (Applicant and Owner) to rezone from “District C-3, General Commercial District” to “District M-2, General Industrial District” property described as Lots 8, 9, 10, 11, 12, 13 and 14 of Block 5, and one-half of the alley in Block 5, and that portion of Avenue P that abuts Lots 8 through 14, inclusive, of Block 5, all in Whiteaker’s Grove Addition to the City of Kearney, Buffalo County, Nebraska (between 22nd Street and 23rd Street and ½ block west of Avenue Q). Planning Commission recommended approval.

 

The zoning category of this property was changed when the latest update of the Official Zoning Map was adopted by City Council in April 2002.  It appears that the zoning change was made in error.  The applicant and owner is requesting approval of rezoning from District C-3, General Commercial District, to District M-2, General Industrial District to construct mini-storage units.  In years past, he completed three such mini-storage buildings next to the lots up for rezoning today.  The zoning at that time was M-2 which was inadvertently changed with the adoption of the map.  Now it must be changed back to M-2 to allow completion of the remainder of the storage units.

 

Rick Luth was present to answer any questions from the Council.

 

There was no one present in opposition to this hearing.

 

Moved by Zapata seconded by Blankenship to close the hearing and approve the Application submitted by Richard and Gwen Luth (Applicant and Owner) to rezone from “District C-3, General Commercial District” to “District M-2, General Industrial District” property described as Lots 8, 9, 10, 11, 12, 13 and 14 of Block 5, and one-half of the alley in Block 5, and that portion of Avenue P that abuts Lots 8 through 14, inclusive, of Block 5, all in Whiteaker’s Grove Addition to the City of Kearney, Buffalo County, Nebraska (between 22nd Street and 23rd Street and ½ block west of Avenue Q).  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley.  Nay: None.  Motion carried.

 

DEVELOPMENT PLANS – BUILDERS HOW-TO WAREHOUSE, 4500 2ND AVENUE

 

Mayor Blankenship opened the public hearing on the Application submitted by Myron Andersen for Andersen, Ltd. and Health System Enterprises (Applicant and Owner) for Planned District Development Plan Approval for the construction of a warehouse facility on property to be zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1, Regency Acres Third Subdivision, Lots 1, 2 and 3 of Block 1, Windsor Estates Seventh Subdivision, all of Lot 1 and part of Lot 2, Deyle Charitable Trust, all in the City of Kearney, Buffalo County, Nebraska (4500 2nd Avenue) and to consider Resolution No. 2003-35.  Planning Commission recommended approval subject to compliance of the following conditions: (1) no new access shall be provided from 2nd Avenue; (2) the existing parking spaces adjacent to 2nd Avenue will be removed and replaced with a detention area and landscaping; (3) the required parking places as defined in the comments shall be provided and shall be free of obstructions; (4) the area north of the building labeled as “Seasonal Garden Center” cannot be counted as parking stalls; (5) the area labeled “future parking” south of the warehouse facility shall be part of the development plan to provide the required parking stalls; (6) all landscaped areas shall be underground sprinkled; and (7) the spot elevations at the top and bottom end of the detention cell shall be provided prior to building permits being issued. Administration also recommends that signs must comply with the Unified Land Development Ordinance and require a separate permit; and because of the increase in size, approval of the future west building will require future submission, review and approval of Development Plans.

 

The applicant is requesting approval of Development Plans for a commercial campus operated by Builder’s How-To Warehouse at the existing Builder’s location and including property to the south extending to 44th Street.  Although not part of the Development Plan package, a new building will be constructed for Good Samaritan Health Systems since the existing home health care building will be affected by this proposal.  One new building is proposed for Builder’s Warehouse with expansion of the two existing buildings and the function of the two existing buildings and surrounding site areas will be altered under the new proposal.

 

Staff perceives this development as a “campus” type development due to the inter-relationships between the various buildings.  The Unified Land Development Ordinance requires review and approval of Development Plans for projects exceeding four acres or 40,000 square feet of building area in C-2 zoning.  This campus exceeds those thresholds and consequently, Development Plans are required.  You will recall the first issue to be resolved for this project was the 200- foot platted building setback line.  By action of the Commission and Council, that setback line was vacated and re-established at 50 feet from the west edge of the frontage road easement.

 

The plans for developing this project include:

·                                 Demolition of the existing home health care building just south of Builder’s existing retail store.

·                                 Construction of a 39,000 square foot drive-thru warehouse stocked with construction materials to the south of the existing Builder’s store.  The warehouse is oriented to the frontage road and 2nd Avenue for both entering and exiting.

·                                 Construction of a large parking lot sandwiched between the existing Builder’s store and the new warehouse.

·                                 Construction of a new home health care building and associated parking south of the new warehouse extending south to 44th Street to be managed by Good Samaritan Health Systems. (Not included in this Development Plan)

·                                 An ingress-egress easement for truck deliveries from 44th Street north to the existing warehouse that is located behind the existing Builder’ retail store.

·                                 Building alterations to the existing Builder’s retail store including building expansion and changing the front door orientation to face south onto the new parking lot. Internal programming changes will provide consumer showcase displays while maintaining contractor sales and administrative functions in the same building.  The existing warehouse building will also be expanded.

·                                 Construction of a stormwater detention facility to handle the run-off from the entire campus.

 

The campus will be graded in a series of building pads that are terraced or stepped down to account for changes in grade across the site.  Deliveries will arrive via the aforementioned ingress-egress easement to the existing warehouse.  Inventory will then be shuffled between the old and new warehouse internally.  The proposed warehouse will be approximately 24 feet in height at the eave and 29.5 feet tall at the roof peak.  Construction materials include a seven foot tall band of split-faced block on the north and south facades and full two story application of the split-face CMU on the east elevation.  Another building may someday be constructed to the west of the proposed drive thru facility.

 

Other considerations include:

 

a)       No new accesses will be allowed from 2nd Avenue.

b)       The existing parking on the frontage road is shown to be removed and replaced with detention area and landscaping. 

c)       At the Planning Commission hearing, parking calculations provided by the applicant did not agree with computations calculated by city staff.  The Applicant indicated that all parking discrepancies would be resolved prior to the City Council hearing.  Revised plans have been submitted showing adequate off-street parking for the campus.  297 spaces are provided while 294 are required.  A new parking lot at the southwest corner of the campus has been added to meet the requirements.  Builder’s has a past history of using required parking for storage and stockpiling of inventory.  It should be noted that all required off-street parking spaces shall be free of obstruction and usable by employees or the public at all times. 

d)       Underground irrigation is required for all commercial landscaped areas.

e)       The frontage road is a private street.  Even though the Owners indicate otherwise, Staff anticipates that there will be vehicles stacked into the street since the setback is only 50 feet (pickups with flatbed trailers, etc.)  Although not desirable, this situation is tenable on a private street, whereas it would be a major concern on a street that is public.

f)         The City Engineer has requested spot elevations at the top end and bottom end of the proposed detention cell.

g)       Signs must comply with the Unified Land Development Ordinance and require a separate permit.

h)       The future building to the west was presented to Planning Commission and City Council a few years ago as a Planned Development project.  It was approved with a gross floor area of 18,800 square feet.  The current set of plans show the same building at 29,775 square feet.  Because of the increase in size, approval of the west building will require future submission, review and approval of Development Plans.

 

Dick Stacy from Miller & Associates presented this matter to the Council.  He stated since the Planning Commission, they have resubmitted documents with most of these requirements covered.  They were willing to comply with all of the recommendations.  They have provided a new campus plan, showing that there is no new access from 2nd Avenue and that the existing frontage parking has been removed and made into a detention cell.  Regarding the off street parking, which must be free of obstructions, the parking stalls have been eliminated that were designated in the garden center area and they will be made a permanent part of this development to the west on 44th Street. That is the area of future parking, which will be landscaped, and have underground irrigation. 

 

Council member Buschkoetter wanted the storm cell detention issue clarified.  He said that he liked the “campus” atmosphere concept of this plan. Mr. Stacy responded that the Director of Public Works was satisfied that they had done the calculations, but before they do a building permit, the elevations will be shown on the actual drawings. Mr. Stacy stated that they have run the calculations and by taking the parking stalls out, they have more than adequate storm detention area.

The calculations were not on the preliminary drawing.

 

Director of Public Works Rod Wiederspan stated that in order to do the calculations, they need the elevation.  They will look at those prior to the building permit, but from the preliminary plans, it shows that there are increased detentions. 

 

Mayor Blankenship addressed the concern of “stacking” in the drive thru line for this facility.  He said he was convinced by the explanation made that there would not be any problems.  Their intention is to get the customer into the facility, load, and leave. Mr. Stacy responded that if stacking were to occur, Mr. Anderson would be the first one with a solution.  The last thing they want is to have people unable to get into their facility. They have viewed other facilities where it has not been a problem historically.

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Kearney to close the hearing and approve the Application submitted by Myron Andersen for Andersen, Ltd. and Health System Enterprises (Applicant and Owner) for Planned District Development Plan Approval for the construction of a warehouse facility on property to be zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1, Regency Acres Third Subdivision, Lots 1, 2 and 3 of Block 1, Windsor Estates Seventh Subdivision, all of Lot 1 and part of Lot 2, Deyle Charitable Trust, all in the City of Kearney, Buffalo County, Nebraska (4500 2nd Avenue) and approve Resolution No. 2003-35 subject to compliance of the following terms and conditions: (1) No new accesses shall be allowed from 2nd Avenue; (2) The existing parking spaces on the frontage road adjacent to 2nd Avenue shall be removed and replaced with a detention area and landscaping; (3) The 294 required off-street parking spaces, including existing and new spaces, shall be free of obstructions and usable by employees or the public for parking at all times; (4) The area labeled “future parking” south of the warehouse facility shall be part of the development plan to provide the required 294 off-street parking stalls; (5) Underground irrigation is required for all commercial landscaped areas; (6) The spot elevations at the top and bottom end of the detention cell shall be provided prior to building permits being issued; (7) Signs must comply with the Unified Land Development Ordinance and require a separate permit; and (8) The future building to the west was presented to Planning Commission and City Council a few years ago as a Planned Development project.  It was approved with a gross floor area of 18,800 square feet.  The current set of plans show the same building at 29,775 square feet.  Because of the increase in size, approval of the west building will require future submission, review and approval of Development Plans.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-35

 

            WHEREAS, Myron Andersen for Andersen, Ltd. and Health System Enterprises (Applicant and Owner) have applied for Development Plan Approval for the construction of a warehouse facility on property to be zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1, Regency Acres Third Subdivision, Lots 1, 2 and 3 of Block 1, Windsor Estates Seventh Subdivision, all of Lot 1 and part of Lot 2, Deyle Charitable Trust, all in the City of Kearney, Buffalo County, Nebraska (4500 2nd Avenue).

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Myron Andersen for Andersen, Ltd. And Health System Enterprises (Applicant and Owner) for Development Plan Approval for the construction of a warehouse facility on property to be zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1, Regency Acres Third Subdivision, Lots 1, 2 and 3 of Block 1, Windsor Estates Seventh Subdivision, all of Lot 1 and part of Lot 2, Deyle Charitable Trust, all in the City of Kearney, Buffalo County, Nebraska (4500 2nd Avenue) be approved subject to compliance of the following terms and conditions:

1.                   No new accesses shall be allowed from 2nd Avenue;

2.                   The existing parking spaces on the frontage road adjacent to 2nd Avenue shall be removed and replaced with a detention area and landscaping;

3.                   The 294 required off-street parking spaces, including existing and new spaces, shall be free of obstructions and usable by employees or the public for parking at all times;

4.                   The area labeled “future parking” south of the warehouse facility shall be part of the development plan to provide the required 294 off-street parking stalls;

5.                   Underground irrigation is required for all commercial landscaped areas;

6.                   The spot elevations at the top and bottom end of the detention cell shall be provided prior to building permits being issued;

7.                   Signs must comply with the Unified Land Development Ordinance and require a separate permit; and

8.                   The future building to the west was presented to Planning Commission and City Council a few years ago as a Planned Development project.  It was approved with a gross floor area of 18,800 square feet.  The current set of plans show the same building at 29,775 square feet.  Because of the increase in size, approval of the west building will require future submission, review and approval of Development Plans.

PASSED AND APPROVED THE 11TH DAY OF MARCH, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

LAND USE MAP AMENDMENT – 1904 7TH AVENUE, 1904, 1908, 1910, 1920, 1921 8TH AVENUE, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917, 1919, 1920, 1921, 1924 9TH AVENUE

 

Mayor Blankenship opened the public hearing on the proposed application to amend the Land Use Map of the City of Kearney Comprehensive Development Plan from “Urban Single Family Residential” to “High Density Residential” property described as Lots 7 and 12 of Block 15, Lots 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 of Block 16, the North Half of Lot 2, all of Lots 3, 4, 5 of Block 17, Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1904 7th Avenue, 1904, 1908, 1910, 1920, 1921 8th Avenue, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917, 1919, 1920, 1921, 1924 9th Avenue) and to consider Resolution No. 2003-36.  Planning Commission recommended approval.

 

This hearing and the next hearing were discussed together but voted on separately.

 

The applicants are pursuing approval of rezoning for 17 properties located in the 1900 block of 7th Avenue, 8th Avenue, and 9th Avenue in the Pioneer Park neighborhood.  These properties are zoned M-1/ND-1 but developed as residences.  The applicants desire R-3 zoning which is prevalent in the area to the north and south.  This rezoning request requires consideration of amending the Land Use Map of the Comprehensive Development Plan from “Urban Single-Family Residential” to “High Density Residential.”

 

The owners are interested in rezoning these parcels because residential is a nonconforming use in M-1 zoning and the houses could not be rebuilt if they were damaged by a natural disaster.  In addition, financing is not available to prospective purchasers if the owners decide to sell because of the zoning discrepancy.

 

Given the current use of these properties as residential homes, it appears that residential use is an acceptable alternative at this location.  The subject properties are adjacent to existing R-3 zoning to the north and south.  Zoning in this neighborhood ranges from residential to commercial and light industrial.  Rezoning these lots to residential will have no affect on the continued use of other lots in the area for commercial or industrial operations that are zoned appropriately.

 

Bob Chop, one of the property owners representing all owners involved presented this matter to the Council.  He stated that the Pioneer Neighborhood Association had brought this zoning to their attention.  Nothing was discussed about it until after the hailstorm this summer when the neighborhood started making repairs.  They found this was an issue when owners of these properties started applying for refinancing with the mortgage companies.

 

Mayor Blankenship stated that this was a housekeeping item.  A number of these areas, as they have gone through the process, have been inadvertently zoned to another area.  As it is currently zoned, if there were a fire or a natural disaster, they would not be able to rebuild their homes there. Also financing would not be able to be secured for residential. The area has always been residential and will continue to be residential. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Buschkoetter to close the hearing and approve the proposed application to amend the Land Use Map of the City of Kearney Comprehensive Development Plan from “Urban Single Family Residential” to “High Density Residential” property described as Lots 7 and 12 of Block 15, Lots 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 of Block 16, the North Half of Lot 2, all of Lots 3, 4, 5 of Block 17, Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1904 7th Avenue, 1904, 1908, 1910, 1920, 1921 8th Avenue, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917, 1919, 1920, 1921, 1924 9th Avenue) and approve Resolution No. 2003-36. Roll call resulted as follows:  Aye: Blankenship, Zapata, Hadley, Buschkoetter, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-36

 

            WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land described as Lots 7 and 12 of Block 15, Lots 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 of Block 16, the North Half of Lot 2, all of Lots 3, 4, 5 of Block 17, Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1904 7th Avenue, 1904, 1908, 1910, 1920, 1921 8th Avenue, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917, 1919, 1920, 1921, 1924 9th Avenue), from “Urban Single Family Residential” to “High Density Residential”, and

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

            WHEREAS, the City Council has held public hearings 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 “Urban Single Family Residential” to “High Density Residential” the use classification for the area described as Lots 7 and 12 of Block 15, Lots 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 of Block 16, the North Half of Lot 2, all of Lots 3, 4, 5 of Block 17, Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1904 7th Avenue, 1904, 1908, 1910, 1920, 1921 8th Avenue, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917, 1919, 1920, 1921, 1924 9th Avenue).

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

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – 1904 7th Avenue, 1904, 1908, 1910, 1920, 1921 8th Avenue, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917, 1919, 1920, 1921, 1924 9th Avenue

 

Mayor Blankenship opened the public hearing on the Application submitted by Lori Jean Trompke, Melinda L. Meade, Matthew E. and Jamie S. Lewis, John and Kathryn L. Manley, Sheryl A. Stansberry, Jacqueline and Kristen Krueger, Darin Brown, Marvin D. Fisher, Jr., Amanda C. Bean for Bean Rentals, Inc., Judy K. Eilers, Doris Voncile Brown, Jean M. Deke, David and Diana Jones, Shari Hofmann, Charles Thomas Workman, Daniel T. and Amber Scott, Robert L. and Brenda J. Chop (Applicants and Owners) to rezone from “District M-1/ND-1, Limited Industrial/Pioneer Park Neighborhood Conservation Overlay District” to “District R-3/ND-1, Urban Residential Multi-Family (Medium Density)/Pioneer Park Neighborhood Conservation Overlay District” property described as Lots 7 and 12 of Block 15, Lots 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 of Block 16, the North Half of Lot 2, all of Lots 3, 4, 5 of Block 17, Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1904 7th Avenue, 1904, 1908, 1910, 1920, 1921 8th Avenue, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917, 1919, 1920, 1921, 1924 9th Avenue).  Planning Commission recommended approval.

 

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 Lori Jean Trompke, Melinda L. Meade, Matthew E. and Jamie S. Lewis, John and Kathryn L. Manley, Sheryl A. Stansberry, Jacqueline and Kristen Krueger, Darin Brown, Marvin D. Fisher, Jr., Amanda C. Bean for Bean Rentals, Inc., Judy K. Eilers, Doris Voncile Brown, Jean M. Deke, David and Diana Jones, Shari Hofmann, Charles Thomas Workman, Daniel T. and Amber Scott, Robert L. and Brenda J. Chop (Applicants and Owners) to rezone from “District M-1/ND-1, Limited Industrial/Pioneer Park Neighborhood Conservation Overlay District” to “District R-3/ND-1, Urban Residential Multi-Family (Medium Density)/Pioneer Park Neighborhood Conservation Overlay District” property described as Lots 7 and 12 of Block 15, Lots 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 of Block 16, the North Half of Lot 2, all of Lots 3, 4, 5 of Block 17, Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1904 7th Avenue, 1904, 1908, 1910, 1920, 1921 8th Avenue, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917, 1919, 1920, 1921, 1924 9th Avenue). Roll call resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.

 

AMEND SECTION 9-501 OF THE CITY CODE PERTAINING TO MOVING BUILDINGS

 

Mayor Blankenship opened the public hearing on the proposed amendment to Section 9-501 “General Requirements; Permits Required” of Article 5 “Moving Buildings” of Chapter 9 “Public Works” of the Code of the City of Kearney to allow moving of structures within the City with requirements set by City Codes and Life Safety and not neighborhood opinion. Planning Commission recommended approval as presented but add language that would establish the maximum elevation of the foundation for moved in buildings not to exceed the garden level specifications and that the details for the amendment be worked out between staff and the trades prior to the Council meeting and that the requirement of a legal description of the moved to property be added to the amendment.

 

The applicant is pursuing approval of an amendment to Chapter 9 of the City of Kearney Municipal Code as it regulates moving houses from one location to another, either within the city or from outside the city into the city.

 

Chapter 9, Article 5 lists the requirements to be met in order for a house to be moved on to a vacant lot within the city’s jurisdiction.  This code section requires the City inspectors to perform a pre-move inspection so the owner has an idea of the extent of improvements and associated costs that may be anticipated.  This section also requires signatures of consent from surrounding neighboring property owners.  One of the requirements is for consent signatures of 100 percent of the property owners abutting the subject property not separated by a street or alley.  In addition 75 percent of the property owners within 150 feet of the proposed lot separated by a street, another lot, or alley are also required.  The question here becomes one of property rights.  If a lot owner has the right to control what happens on the lots around him/her to what extent should that power be granted?

 

Some people who are active in the business of house moving believe that the signature requirements are unfair and represent a built-in bias for someone who doesn’t want a house moved in.  For example, there is no method of protest if a new house were to be constructed on the lot assuming all zoning, city permits and procedures are followed.  Similarly, a manufactured home could be moved on to the lot with no rights of neighborhood protest if it met all requirements.  The adjacent lot owners have no say.  But when it becomes a moved-in house the rules are different.

 

The applicant is proposing removal of the language requiring neighbors’ signatures while expanding the scope of the pre-move inspection to hopefully address the neighbors’ primary concerns. 

 

The proposed language for a pre-move inspection that would cover the following items:

·                           Life safety issues such as egress windows

·                           Electrical Ground Fault Protection

·                           Smoke Detectors

·                           DVW Piping and Vents

·                           Stairway Standards

·                           Exterior Siding shall be brought up to standards of surrounding structures

 

The majority of these items are covered in one way or another under the existing language, but the last two are new.  In addition to those items listed above, City staff discussed the proposal prior to the Planning Commission meeting and believed that the following items should also be addressed:

·                           Legal description of the subject property

·                           Foundations of moved-in dwellings shall be limited to some reasonable height (24 inches suggested) so that they are compatible with the neighboring structures.

 

There was a great deal of discussion at the Planning Commission meeting regarding the height of exposed foundations for moved in houses.  In order to optimize the living space and in order to provide natural light, some of the moved in dwellings have been placed on foundations that appear excessively tall and out of character with the rest of the neighborhood.  An eight-foot tall exposed foundation of concrete block with a one or two-story house on top overwhelms the existing homes around it.  The exposed block face is not particularly attractive either.  Staffs’ opinion was that the exposed foundation should be no more than 24 inches higher than the average grade of the adjacent houses on the same side of the block.  The applicants explained that a “garden level” foundation is a commonplace practice and desirable since it allows natural light into the basement but would not result in an unsightly or incompatible end product.  Garden level basements are basically half in and half out of the ground or to put it another way, four feet buried and four feet exposed.  Obviously, the staff recommended limitation of 24 inches will not work to accommodate garden level basements.  The revised language will allow garden level basements but restricts the amount of exposed block to 24 inches on all street-facing facades.

 

The Planning Commission recommended approval of an amendment to code, directing the City Planning Staff to work with the applicants to develop suitable language to forward to the City Council for the amendment based on the discussions at the Planning Commission meeting.  The proposed language was presented and also language recommending removing the signature requirement from the code while restricting the height of the basement to garden level and the height of the exposed concrete block on the basement to 24 inches.

 

Tracy Cook presented this matter to the Council.  He stated that he represents a group of people that would like to amend this code.  Everyone that he represents is in agreement on the heights. 

 

Director of Public Works clarified that the height must be two-foot of smooth face exposed block.  If they go to a garden level type basement, everything on the curbside would need to be finished with either a lap siding to match the house or with brick or stone.  It cannot be just a smooth face block showing.

 

Council member Kearney asked if there would be any redress for the property owners in the future?  Currently signatures of 100 percent of the adjacent owners are required to approve moving in a house.  Since this change will eliminate that requirement, he wanted to know where a property owner would go to address a concern about a house being moved in that they believe is unsatisfactory for the site. He also asked what rights a property owner would have in that situation.

 

Director of Public Works stated that the way it is presented, there is not a signature requirement and the neighboring property owners do not have any objectionable rights.  The intent is that the house is supposed to be brought up to the standards of the neighborhood.  There will not be an ability to sign off on it as the amendment is written.  The only stipulation is that the house must meet City codes.

 

Council member Buschkoetter pointed out that it would be no different than buying a lot with plans to build a home as long as it meets code.  Unless there is a covenant governing a particular area, there are no restrictions to what kind of home a person can build.  He didn’t believe that it is any more “dangerous” or has fewer property rights because of a home being moved in versus constructing a home on site. 

 

Mr. Cook stated that most of the new subdivision or the more expensive neighborhoods are covenanted against any kind of homes being moved in, whether it is a manufactured or a home being moved from another site.  There are economics to be considered, such as the moving costs and the price of the lot must be feasible.  He said there have been situations where neighbors have refused to allow a house to be moved in next to their property even though the house was nicer than those in the neighborhood.

 

Council member Zapata stated that according to this amendment, City Codes and life safety type standards set the requirements for these homes.  He asked for further explanation and believed it was important that the safety factors be included in this amendment.

 

Director of Public Works stated that typically the Chief Building Official would go out and inspect the home.  It will be inspected for life safety issues; termite damage, dry rot, GFCI protection, and egress windows.  This is similar to what the City has done regarding the apartments.  However, they would not require complete rewiring or replumbing of the entire house. 

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Zapata to close the hearing and approve the proposed amendment to Section 9-501 “General Requirements; Permits Required” of Article 5 “Moving Buildings” of Chapter 9 “Public Works” of the Code of the City of Kearney to allow moving of structures within the City with requirements set by City Codes and Life Safety and not neighborhood opinion, to include the requirement of a legal description of the moved to property and to remove the signature requirement from the code while restricting the height of the basement to garden level and the height of the exposed concrete block on the basement to 24 inches. Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley.  Nay: None.  Motion carried.

 

LIQUOR LICENSE – THE ROMAN, 2004 CENTRAL AVENUE

 

Mayor Blankenship opened the public hearing on the Application for a Class “C” (Beer, wine, and distilled spirits – On and Off Sale) Liquor License submitted by T.E. SHELDON, dba “The Roman” located at 2004 Central Avenue, consider Application for Corporate Manager of William Sheldon, and to consider Resolution No. 2003-37.  Administration recommends approval subject to the basement being used as storage purposes only.

 

The Sheldon’s have requested to amend an existing liquor license at their place of business, The Roman restaurant.  The amendments would be for (1) William to become the manager; (2) the license includes both on and off sale, and; (3) the license includes the basement for the purpose of storage of alcoholic beverages, (stock). 

 

The Roman is an existing business with a current on sale only license.  There is no record of any liquor violations on this license and the applications are complete as presented.  A background investigation on the application has been conducted.  Concerns regarding the inclusion of the second story of the business have been addressed.  The Sheldons’ have indicated they have no intention of using the second floor for the business until it has been renovated and meets code requirements.  They also indicated they are not prepared to make these renovations at this time.  The business has operated within the requirements of City Code and State statutes while in existence.  The off sale aspect of alcohol will be to customers for bottled wine and spirits.  William Sheldon does qualify for the manager position.

 

William Sheldon presented this matter to the Council.  He stated that the phrase he used on their Liquor License application was “complete main floor only of 10x25’ two story building with basement” and his intention was approval for the main floor only.  He stated if the Council wanted to add the phrase “basement approved for the purpose of storage only” that was in excess of what he requested.  All they want is the main floor licensed and to change their classification to a “Class C” in order to sell wine off sale.  The Liquor License, approved a year ago, did include the phase about the basement.  They are not going to be using it, so he did not believe it was necessary.

 

Council member Buschkoetter stated that the basement phrase is for clarification purposes.  He said over the years, his parents have owned liquor licenses and that is a common phrase used on these licenses. There is the possibility that as business increases, there might be a need to change storage areas.  He just wanted to be sure that everyone was on the same page about why the phrase was included. It is just for clarification purposes.

 

Mayor Blankenship stated that “The Roman” has been in business for over a year and have a good track record, which he trusts will continue in the future.

 

There was no one present in opposition to this hearing.

 

Moved by Zapata seconded by Blankenship to close the hearing and approve the Application for a Class “C” (Beer, wine, and distilled spirits – On and Off Sale) Liquor License submitted by T.E. SHELDON, dba “The Roman” located at 2004 Central Avenue, consider Application for Corporate Manager of William Sheldon, and approve Resolution No. 2003-37 subject to the basement being used as storage purposes only. Roll call resulted as follows: Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-37

 

            WHEREAS, T.E. SHELDON, dba “The Roman” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘C’ (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License to do business at 2004 Central Avenue, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, a hearing was held relating to said application on March 11, 2003.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘C’ (Beer, Wine, and Distilled Spirits – On and Off Sale) Liquor License to T.E. SHELDON, dba “The Roman” located at 2004 Central Avenue, Kearney, Nebraska subject to the basement being used for storage purposes only.

            BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the Council action favoring the issuance of said license in the Minute Record of the proceedings of the Council.

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

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Blankenship seconded by Kearney that Subsections 1 through 7 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 February 25, 2003.

 

2.         3-Lee's $2,190.00 Su; A Affordable Travel $541.50 Tr; Accu-Cut $227.25 Su; Ace Hardware $57.67 Su; AFLAC $1,706.98 Ded; Albright, D $110.09 Tr; Alltel $768.99 Various; Amazon.Com $77.90 Bks; Amer Backflow Prevention Assoc $40.00 Dues; Amer Fence $23,117.26 Fence; Amer Planning Assoc $605.00 Serv; Andersen's Outdoor Power $528.78 Various; Anderson Brothers $349.28 Various; Artic Refrigeration $146.50 Rep; Aspen Publishers $139.00 Su; B&J's Gas $19.50 Su; Baker & Taylor $2,356.39 Bks; Bamford $290.00 Su; Bath & Body Works $28.00 Comm Betterment; BBC Audiobooks $143.45 Bks; Becker, G $7.50 Inv; Bennett, T $1,166.25 Serv; Bex Incorporated $53.07 Su; Blackstone Audiobooks $6.00 Bks; Bob's Super Store $37.77 Su; Books on Tape $406.80 Bks; Bosselman Oil $11,753.00 Inv; Bound to Stay Bound Books $99.05 Bks; Boxwood Technology $150.00 Serv; Brill, K $30.00 Reim; Bruha, $29.40 Tr; Buffalo Co District Court $129.00 Ded; Buffalo Co Reg of Deeds $20.50 Various; Buffalo Co Treasurer $184.08 Various; Buggy Bath Car Wash $59.50 Rep; Builder's How-to-Warehouse $2,289.14 Su; Butler, Voigt & Stewart $168.00 Serv; Canada Life Assurance $2,227.79 Ded; Carrothers Construction $104,249.48 Serv; Casey's General Store $17.15 Su; Cash-Wa $265.37 Su; CDW Gov't $956.84 Various; CED $21.50 Rep; CED/American Electric $1,063.84 Su; Central Hydraulic System $250.57 Su; Central NE Bobcat $1,572.38 Inv; Central Platte NRD $254,736.02 Various; CHAD $4.00 Ded; Charter Communications $42.55 Serv; Child's World $123.04 Bks; City Glass $59.00 Rep; City of Ky $799,803.08 Various; Claire's Boutiques $20.00 Comm Betterment; CLH $309.00 Serv; College Savings Plan of NE $260.00 Ded; Computer Pro's $32.95 Su; Computer Warehouse #4 $39.00 Su; Computerized Fleet Analysis $3,695.00 Equip; Conseco Life Insurance $38.00 Ded; Construction Rental $1.02 Su; Copy Cat $763.68 Su; Cornhusker Cleaning Systems $110.43 Su; Cornhusker Hotel $276.60 Tr; Corporate Diversified Services $71,670.57 Various; Crossroads Ford $60.41 Inv; Culligan $283.49 Su; Cummins Great Plains $75.34 Inv; Danielson, S $127.36 Tr; Dannehl's $28.50 Su; Davidson Jewelry $259.90 Incentives; Dell $1,865.00 Capital Imp DEMCO $112.68 Serv; Development Council $3,750.00 Serv; D'Milaco Sports $114.00 Su; Don's Appliance $78.44 Rep; Don's Pioneer Uniforms $1,534.35 Cla; Double M Farms $2,000.00 Composting; Dubs $24.99 Su; Dultmeier Sales $138.96 Su; Dutton-Lainson $5,150.66 Various; E&S Tool $359.95 Rep; Eakes Office Plus $2,134.60 Su; Eckhoff, N $110.09 Tr; Ehrhart Griffin & Assoc $3,877.90 Serv; Eileen's Colossal Cookies $28.00 Su; Eirich, T $40.00 Reim; Elliott Equipment $244.20 Inv; English, C $135.99 Various; Envirotech Services $24,113.30 Su; Exhaust Pros $17.50 Inv; Expression Wear $559.94 Cla; Facts on File $68.85 Bks; Fairbanks Int'l $1,050.97 Various; Farm Plan $361.25 Su; Farmers Union Coop $321.10 Su; Fast Mart $18.45 Su; Fastenal $232.17 Inv; Faz, A $100.00 Tr; Federal Signal $100.05 Inv; Fedex $28.70 Pstg; Fiddelke Htg $369.50 Rep; Foot-Joy Drawer $45.88 Inv; Fowler, L $3.75 Su; Fremont Nat'l Bank $34,471.64 Ded; Frontier $421.28 Serv; Gary's I-80 $211.00 Serv; Gateway 2000 $14,818.00 Grant; Gordon's Small Engine Rep $20.58 Inv; Graham Tire $568.48 Inv; Grainger $216.71 Su; Grand Central IGA $27.44 Su; Great Lakes $603.00 Tr; Grimes, J $30.00 Reim; H&G Cleaners $264.57 Serv; H T E $7,425.00 Equip; Handspring $58.49 Su; Happ, L $100.00 Containers; Harris Publishing $400.00 Su; Heartland Motor Sports $44.79 Su; Hobby-Lobby $10.02 Su; Holiday Inn Omaha Central $973.72 Tr; Holiday Inns $87.95 Tr; Holmes Plumbing $1,226.23 Rep; Hometown Leasing $206.00 Capital Imp; Horizon Users Group $95.00 Tr; Huffy's Airport Windsocks $191.80 Rep; ICBO $50.00 Serv; ICMA RC $2,442.81 Ded; IRS $78,077.65 Ded; Interstate Batteries $621.58 Su; Intuit Online Sales $78.70 Su; ITT Rule $100.00 Inv; Jack Lederman & Co $825.98 Su; Jacobsen, Orr, Nelson & Wright $1,000.00 Serv; Jamar Technologies $40.48 Inv; James, D $29.40 Tr; JC Penney $64.17 Su; JJE $278.00 Various; Johnson, A $123.41 Tr; JR's Western $288.00 Su; K&K Parts $407.09 Inv; K Mart $106.22 Su; Ky Area Chamber of Commerce $12.00 Serv; Ky Area Solid Waste Agency $54,877.37 Tipping Fees; Ky Area United Way $596.58 Various; Ky Centre Vac $368.90 Su; Ky Family YMCA $1,437.28 Various; Ky Implement $311.97 Su; Ky Tire $117.06 Inv; Ky Winlectric $9.84 Su; Ky Yamaha $7,757.08 Various; Kelley, M $74.61 Tr; Kelly Electric $1,353.00 Su; Killion Motors $2,533.58 Various; Kirkham Michael $9,043.31 Serv; L&W Tires & Treads $72.36 Rep; L&W Service Center $415.00 Su; Labsafe $59.60 Inv; Lamp, Rynearson & Assoc $1,204.37 Serv; Laser Art Design $42.00 Su; Laser Tec $129.00 Capital Imp; Law Enforcement Accessories $425.25 Cla; Law Enforcement Training Center $120.00 Tr; Lawson Products $856.01 Various; LCL Truck Equipment $6,936.92 Various; LARM $2,555.70 Prem; Lifeguard Store $370.00 Su; Lockmobile $6.00 Inv; Loebig, P $80.00 Tr; Lynn Peavey $94.90 Various; Lyon Workspace $462.69 Rep; Manary, M $80.00 Tr; Marlatt Machine Shop $13,441.58 Various; Martinosky, M $50.00 Reim; Matthews Medical Books $37.46 Bks; McLaughlin, S $200.00 Reim; Meadowbrook Ins. Group $2,110.00 Prem; Medical Air Products $70.04 Inv; Michael Todd $62.96 Inv; Mid America Pay Phones $200.00 Serv; Midas $212.90 Rep; Midwest Laboratories $200.00 Serv; Midwest Region ICPC $80.00 Tr; Midwest Turf $180.39 Rep; Miller & Associates $4,397.45 Serv; Miller Signs $120.00 Rep; Miller, D $12.00 Reim; Misko Sports $97.50 Su; Mitchell 1 $265.30 Serv; MPLA $63.00 Tr; Mr. Automotive $1,937.07 Su; NAPA All Makes Auto $501.77 Su; Nat'l Waterworks $1,274.52 Inv; NE Child Support $1,192.79 Ded; NE Dept of Aeronautics $370.00 Rev Loan Fund; NE Dept of Revenue $21,286.56 Ded; NE Dept of Roads $9,299.38 Serv; NE Golf Assoc $25.10 Dues; NE Truck Center $78,331.88 Various; North Central Lab $31.34 Rep; Northern Safety $404.56 Su; Northwest Electric $142.50 Su; Northwestern Energy $10,249.14 Serv; Novus Windshield Repair $70.00 Various; NPPD $4,827.21 Serv; Office Max $549.46 Su; Officenet $1,807.47 Various; Old Navy $15.00 Su; O'Reilly $189.59 Inv; Orscheln Farm $356.36 Various; Overhead Door $1,403.45 Rep; P.E.P. $47.25 Rep; Park Seed $124.78 Su; Pat's Plumbing $47.29 Rep; Patterson, B $52.32 Pstg; Pesticide Applicator Training $115.00 Reg; Petroleum Equipment $186.75 Inv; PGA Golf Shop $216.20 Inv; Platte Valley Comm $4,145.48 Various; Polk Directories $246.00 Su; Portable Computer Systems $237.00 Su; Preferred Mail $92.96 Pstg; Prescott, J $117.65 Tr; Presto-X $118.00 Various; QT 579 $16.72 Su; Quad-C Consulting $1,710.00 Serv; R&B Supply $270.98 Su; Radio Shack $75.92 Su; Raynor Garage Doors $132.60 Rep; ecorded Books $917.40 Bks; Redman's Shoes $98.23 Su; Reserve Account $6,000.00 Pstg; Respond First Aid System $25.50 Su; Richardson, M $116.38 Tr; Riverside Animal Hospital $981.25 Serv; Safety-Kleen $193.25 Rep; Sage, P $42.18 Cla; Sahling Kenworth $189.58 Inv; School Dist #7 $1,751.30 Remittance; See Clear Cleaning $1,800.00 Serv; Sherwin Williams $175.82 Su; Shirt Shack $836.00 Su; Showcases $70.85 Serv; Skillpath/ Compumaster $298.00 Dues; Solid Waste Equipment $12,575.00 Containers; Sport Supply Group $91.19 Su; Sprint $4.13 Serv; Stagecoach $18.00 Su; Subway Store $55.12 Su; Surface Solutions $420.00 Rep; Swanson, K $110.09 Tr; Syndistar $203.00 Su; T&B Cleaning $2,600.00 Serv; Target $339.02 Su; Texaco $23.27 Su; Thome, B $80.00 Tr; Titleist Drawer $138.75 Inv; Tollefsen Elliott Lumber $1,068.78 Su; Tool Doctor $41.00 Rep; Tractor Supply $434.71 Various; U Save Foods $21.28 Su; Ultimate Super Sport $25.00 Su; Underground Construction $150.00 Serv; Union Oil $11,963.35 Inv; Unitrol $95.48 Su; Univ of NE Tree Care $20.00 Tr; USA Blue Book $110.58 Su; USPS $82.41 Pstg; Utility Equipment $642.92 Inv; Vermont Systems $782.00 Equip; Video Service of America $377.80 Serv; Village Cleaners $93.00 Cla; Visionary Systems $280.00 Capital Imp; Wagner Irrigation $279.16 Su; Waldenbooks $70.00 Su; Walgreen $3.18 Su; Walmart Supercenter $684.77 Su; Warrington, D $9.85 Tr; Water Safety Products $21.00 Su; Wellness Councils of America $82.18 Wellness Program; Wessels, W $81.95 Tr; Westfall GMC Parts $59.55 Inv; Wilke, C $100.00 Tr; Wilke-Donovan's True Value $301.42 Various; Windswept Enterprises $29.95 Bks; World Cycling Productions $24.65 Bks; Xerox $254.00 Serv; Yellow Van Cleaning $140.00 Rep; Zimmerman Printers $1,069.95 Various; Payroll Ending 2-22-2003 -- $225,398.14.  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 Developer Constructed Infrastructure Agreement for Camron First Addition between the City of Kearney and Gene McElhinny and Tim Norwood and approve Resolution No. 2003-38.

 

RESOLUTION NO. 2003-38

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Camron First Addition Developer Constructed Infrastructure Agreement”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Gene McElhinny and Tim Norwood, 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.

            BE IT FURTHER RESOLVED that no building permits will be issued until the design of the stormwater detention system is finalized, including plans and computations are submitted to the City.

            BE IT FURTHER RESOLVED that an eight-foot wide hike-bike trail shall be installed on the west side of Avenue N as the lots develop; the City will pay for four feet of the proposed trail and the Developer will pay for four feet.

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

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

4.         Approve the Application for a Special Designated License submitted by STEVE AND JONI PAULSEN, dba “The Sand Bar” in connection with their Class C/K28462 Liquor License to dispense beer, wine and distilled spirits in the Ag Pavilion at the Buffalo County Fairgrounds, 3807 Avenue N, on March 29, 2003 from 4:00 p.m. until 1:00 for the Pheasants Forever Banquet.

 

5.         Approve Application and Certificate for Payment No. 1 in the amount of $11,285.45 submitted by Concrete Workers, Inc. for the 2002 Part III Improvements consisting of Paving Improvement District No. 2001-859 for the alley between 26th Street and 27th Street from 1st Avenue to 2nd Avenue and approve Resolution No. 2003-39.

 

RESOLUTION NO. 2003-39

 

WHEREAS, Concrete Workers, Inc. has performed services in connection with the 2002 Part III Improvements consisting of Paving Improvement District No. 2001-859 for the alley between 26th Street and 27th Street from 1st Avenue to 2nd Avenue, and the City’s engineer, Kirkham Michael Consulting Engineers, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $11,285.45 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$35,758.15

Change Order No. 1

-21,430.75

Contract Sum to Date

 

Total Completed and Stored to Date

Retainage

Total Earned Less Retainage

Less Previous Payments

 

Current Payment Due

$14,327.40

 

$14,327.40

3,041.95

11,285.45

             .00

 

$ 11,285.45

 

            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. 1, as shown on Exhibit “A”, be and is hereby accepted and approved.

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

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

6.         Approve Change Order No. 2 for an increase in the amount of $20,770.00, Application and Certificate for Payment No. 4 in the amount of $40,561.86 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. 2003-40.

 

RESOLUTION NO. 2003-40

 

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 Change Order No. 2 showing an increase in the amount of $20,770.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Midlands Contracting, Inc. and the City’s engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 4 in the amount of $40,561.86 as shown on Exhibit “B” 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)

Change Order No. 2 (03-11-2003)

+     62,330.00

+     20,770.00

Contract Sum to Date

 

Total Completed and Stored to Date

Retainage

Total Earned Less Retainage

Less Previous Payments

 

Current Payment Due

$1,212,112.50

 

$1,125,449.05

56,272.45

1,069,176.60

  1,028,614.74

 

$     40,561.86

 

            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”, and Application and Certificate for Payment No. 4, as shown on Exhibit “B”, be and are hereby accepted and approved.

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

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

7.         Approve the request submitted by Julie Spiers on behalf of Kidz Explore to block off a portion of Platte Road, specifically from the first entrance of the arena parking lot to the west where the pavement ends, on April 26, 2003 from 9:00 a.m. until 6:00 p.m. and on April 27, 2003 from 12:00 p.m. until 5:00 p.m.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 6938 – REPEAL ORDINANCE NO. 6921

 

Council Member Hadley vacated his chair and abstained from voting on these two ordinances for the reason he serves on the Executive Board for Good Samaritan Hospital.

 

When the project team for the Good Samaritan Hospital expansion project was preparing the subdivision plat for the property, vacation of existing platted lots and roads was required in order to clean up the legal description and bring the project forward as one integrated development.  Apparently, the vacation requests that were brought forward at that time were missing some information.  Consequently, Ordinance Nos. 6921 and No. 6922 were approved by the City Council in error.  This matter is a “housekeeping” issue to insure that the proper legal descriptions are now filed.

 

Ordinance Nos. 6921 and No. 6922 must now be repealed so that the correct legal description pertaining to the vacated properties can be approved and filed with the Register of Deeds as Ordinance Nos. 6938 and 6939.

 

Council Member Kearney introduced Ordinance No. 6938, being Subsection 1 of Agenda Item V to repeal Ordinance No. 6921 and to vacate part of Central Avenue lying north of the north line of 31st Street and south of the north lines of Lots 22 and 23, Northwest Quarter School Section Addition; to vacate all that part of 32nd Street as the same abuts Lot 5, abuts the east 16 feet of Lot 6, Greater Kearney Subdivision; to vacate that part of 1st Avenue abutting Lots 4, 5, and 6 and abutting the south 52.5 feet of Lot 7, Greater Kearney Subdivision; to vacate that part of Keiss Lane lying north of Lots 8 and 9 and lying south of Lot 10, except the east 31 feet thereof, Bergt and Keiss Subdivision; and to vacate all that part of Carlton Drive lying south of the north line of Lot 12, if extended easterly, as the same abuts part of Lot 7, and all of Lots 8 thru 12 Ragain's Subdivision, all in the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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. Nay: None.  Hadley abstaining. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 6938 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. Nay: None. Hadley abstaining. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Zapata that Ordinance No. 6938 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Kearney, Zapata, Buschkoetter. Nay: None. Hadley abstaining. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6938 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. 6939 – REPEAL ORDINANCE NO. 6922

 

Council Member Kearney introduced Ordinance No. 6939, being Subsection 2 of Agenda Item V to repeal Ordinance No. 6922 and to vacate a portion of the following subdivisions as further described in the Ordinance: Good Samaritan Subdivision, Northwest Quarter of School Section Addition, Greater Kearney Subdivision, Southwest Quarter of School Section Addition, Wiley’s Subdivision, Ragain’s Subdivision, Bergt and Keiss Subdivision, Krewsons Subdivision, and Perkins and Harfords Strip Addition, all in the City of Kearney, Buffalo County, Nebraska and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member 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. 6939 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.  Nay: None. Hadley abstaining. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Zapata that Ordinance No. 6939 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Kearney, Zapata, Buschkoetter. Nay: None. Hadley abstaining. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6939 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. 6940 – REZONE BETWEEN 22ND STREET AND 23RD STREET AND ½ BLOCK WEST OF AVENUE Q

 

Council Member Hadley introduced Ordinance No. 6940, being Subsection 1 of Agenda Item VI to rezone from “District C-3, General Commercial District” to “District M-2, General Industrial District” property described as Lots 8, 9, 10, 11, 12, 13 and 14 of Block 5, and one-half of the alley in Block 5, and that portion of Avenue P that abuts Lots 8 through 14, inclusive, of Block 5, all in Whiteaker’s Grove Addition to the City of Kearney, Buffalo County, Nebraska (between 22nd Street and 23rd Street and ½ block west of Avenue Q), 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. 6940 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. 6940 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. 6940 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. 6941 – REZONE 1904 7TH AVENUE, 1904, 1908, 1910, 1920, 1921 8TH AVENUE, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917, 1919, 1920, 1921, 1924 9TH AVENUE

 

Council Member Hadley introduced Ordinance No. 6941, being Subsection 2 of Agenda Item VI to rezone from “District M-1/ND-1, Limited Industrial/Pioneer Park Neighborhood Conservation Overlay District” to “District R-3/ND-1, Urban Residential Multi-Family (Medium Density)/Pioneer Park Neighborhood Conservation Overlay District” property described as Lots 7 and 12 of Block 15, Lots 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 of Block 16, the North Half of Lot 2, all of Lots 3, 4, 5 of Block 17, Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1904 7th Avenue, 1904, 1908, 1910, 1920, 1921 8th Avenue, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917, 1919, 1920, 1921, 1924 9th 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. 6941 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. 6941 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. 6941 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. 6942 – AMEND SECTION 9-501 OF THE CITY CODE PERTAINING TO MOVING BUILDINGS

 

Council Member Hadley introduced Ordinance No. 6942, being Subsection 3 of Agenda Item VI to amend Section 9-501 “General Requirements; Permits Required” of Article 5 “Moving Buildings” of Chapter 9 “Public Works” of the Code of the City of Kearney to allow moving of structures within the City with requirements set by City Codes and Life Safety and not neighborhood opinion and to remove the signature requirement from the code while restricting the height of the basement to garden level and the height of the exposed concrete block on the basement to 24 inches, 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. 6942 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. 6942 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. 6942 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.

 

AWARD BID - 1.5MG Elevated Water Storage Facility Paint Restoration

 

Mayor Blankenship opened for discussion the bids received for the 1.5MG Elevated Water Storage Facility Paint Restoration and to consider Resolution No. 2003-41 awarding the bid to Neumann Company Contractors of Romeoville, Illinois in the amount of $224,900.00.

 

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 1979.  The water tower exterior needs to be repainted and the bowl of the water tower needs to be recoated at this time to extend the life of the facility.  At the February 11, 2003 Council meeting the Council approved the plans and specifications and authorized Administration to receive bids for the project.

 

On March 4, 2003 sealed bids were received for the 1.5 Million Gallon Elevated Water Storage Facility Paint Restoration.  Four bids were received.  A bid tabulation sheet and a letter recommending the award of the project are attached for your review.  Neumann Company Contractors of Romeoville, Illinois submitted the low bid in the amount of $211,900.00.  The engineers bid the project with two alternates.  Paint System A is included in the base bid and is for a 2 coat epoxy system in the water tower bowl.  Paint System B is the cost of Paint System A with the addition of a zinc primer coat in the bowl.  The engineers have recommended award of the project utilizing the alternate Paint System B.  Using Paint System B adds $13,000.00 to the base bid.

 

$400,000.00 was included in this year’s budget for this project.  All of the bids received are below the engineer’s estimate and the budgeted funds.  There is no adverse financial impact associated with awarding the bid for this project.

 

Dana Daniels from Miller & Associates presented this matter to the Council.  He stated there were four bidders. Neumann Company was the low bidder and they are the same company that did the painting on the two million gallon facility last year.  They are a firm out of Illinois and painting is the only thing that they do.  They are not involved in any other facet of tank construction.  They preformed favorably on the facility last year and he recommended approval.

 

Mayor Blankenship stated he wanted to make it clear exactly what was being done since this is a high dollar project, almost a quarter of a million dollars.  The existing tower is going to be repainted and the bowl recoated to extend the life of the facility.  Even though it sounds like a lot of money, he pointed out it was 15 percent below the Engineer’s estimate, which is a very competitive bid at this time.

 

Mr. Daniels added that the exterior paint on the tower has preformed very well and they are not going to remove that old paint.  They will power wash the tower and overcoat it.  The interior system is going to be totally removed.  There was an alternate bid for zinc, which is the first rust inhibitive primer that the EPA has allowed in a water system since lead based paints and vinyl systems were outlawed.  For the last twenty years, it has been epoxy systems, generally, on the inside of towers.  This zinc is a sacrificial and rust inhibitive primer and has had a good performance record for the past ten years that it has been tested.  It has been used on many facilities over the last five years.  It was an alternate and the price was favorable to utilize this system on this tank.

 

Council member Hadley asked during the project how is water distribution going to be handled?  Mr. Daniels stated the tank would be drained and they would isolate the tank with valves right outside of the facility.  The City will run completely from the two million gallon on the higher-pressure system.  The big advantage of having two facilities on the system is that maintenance can be performed on one while the other is operational.  If there is only one facility, then there are pressure relief valves to deal with and a lot of water is wasted because you have to have wells running continuously.  The two million gallon facility was sufficient even during the height of the drought last year, so even during peak times it should be sufficient during this project.

 

Moved by Blankenship seconded by Kearney to approve the bids received for the 1.5MG Elevated Water Storage Facility Paint Restoration and approve Resolution No. 2003-41 awarding the bid to Neumann Company Contractors of Romeoville, Illinois in the amount of $224,900.00. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley. Nay: None. Motion carried.

 

RESOLUTION NO. 2003-41

 

            WHEREAS, Miller & Associates Consulting Engineers have reviewed the sealed bids which were opened on March 4, 2003, at 2:00 p.m. for the 1.5MG Elevated Water Storage Facility Paint Restoration Project; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $273,800.00; and

WHEREAS, the said engineers have recommended the bid offered by Neumann Company Contractors of Romeoville, Illinois in the sum of $224,900.00 be accepted as the lowest responsible bid.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Neumann Company Contractors of Romeoville, Illinois be and is the lowest responsible bidder for the 1.5MG Elevated Water Storage Facility Paint Restoration Project to be conducted in accordance with the plans and specifications on file with the City Clerk and that the bid of Neumann Company Contractors of Romeoville, Illinois in the sum of $224,900.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the 1.5MG Elevated Water Storage Facility Paint Restoration Project in the amount of $273,800.00 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 11TH DAY OF MARCH, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

OPEN ACCOUNT CLAIMS --      NONE

 

There were no Open Account Claims.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Kearney seconded by Buschkoetter that Council adjourn at 8:25 p.m.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney, Zapata.  Nay: None.  Motion carried.

 

                                                                                    BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK