Kearney, Nebraska

September 11, 2007

7:00 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on September 11, 2007 in the Council Chambers at City Hall.  Present were: Stanley A. Clouse, President of the Council; Cathy Vogt, Acting City Clerk; Council Members Randy Buschkoetter, Don Kearney, Bruce Lear, and Bob Lammers. Absent: None.  Michael Morgan, City Manager; Michael Tye, City Attorney; Amber Brown, Assistant to City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Mitch Humphrey, Gene McElhinny, Stan Dart, Lance Lang, Diane Belschner, Gregg Johnson, Chris Wissing, Janice Shulz.

 

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

 

A few moments of silent prayer were observed in memory of the 9-11 tragedy.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts from Troop 158 led the Council members and audience in the Pledge of Allegiance.

 

ANNOUNCEMENT

 

Mayor Clouse announced that in accordance with Section 84-1412 of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is available for review and is posted towards the back of the Council Chambers.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING EAST OF AVENUE R, NORTH OF EASTBROOKE DRIVE, AND NORTH OF AVENUE S

 

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

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Camron, Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density) District” property described as a tract of land being part of the East Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 6.02 acres, more or less, Buffalo County, Nebraska (east of Avenue R, north of Eastbrooke Drive, and north of Avenue S). Planning Commission recommended approval.

 

The applicant is requesting approval to zone and plat a tract of land that is approximately 6.02 acres located north of 56th Street and east of Eastbrooke Drive.  The proposed use is a continuation of the next phase of the Eastbrooke development, a residential subdivision containing single-family lots.

 

The rezoning request is from Agricultural to Urban Residential Single‑Family District.  The rezoning request is in conformance with the Future Land Use Map of the City of Kearney Comprehensive Development Plan.

 

The Preliminary Plat including this area was approved by Planning Commission on May 19, 2006 and contains some 94 acres and 145 lots and includes land to the north of the area of final platting.  The Final Plat, to be known as Eastbrooke Tenth, consists of 6.02 acres with 15 single-family lots.  A Public Works Plan was previously submitted for the overall area.  After reviewing the subdivision plats, staff offers the following comments:

 

A Subdivision Agreement is attached which sets forth the conditions that:

a)       The detention cell for this phase of the development must be constructed prior to issuance of any building permits for these lots.

b)       The portion of Avenue T extending south from 62nd Street and connecting to Eastbrooke Drive shall be constructed to Buffalo County standards as a gravel road to provide emergency access to this subdivision.

 

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

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. Some time ago they submitted an overall revised preliminary plat which was to determine how they could properly complete the Eastbrooke development. Several months ago they submitted and gained approval for Eastbrooke Ninth Addition. The next development phase will be known as Eastbrooke Tenth which will incorporate 15 lots on 6.02 acres.  There is a subdivision agreement that has been signed by the developer and the items are somewhat based on a previous agreement when the prior developments were submitted.   

 

There was no one present in opposition to this hearing.

 

Moved by Lammer seconded by Lear to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Camron, Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density) District” property described as a tract of land being part of the East Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 6.02 acres, more or less, Buffalo County, Nebraska (east of Avenue R, north of Eastbrooke Drive, and north of Avenue S). Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

FINAL PLAT FOR EASTBROOKE TENTH; EAST OF AVENUE R, NORTH OF EASTBROOKE DRIVE, AND NORTH OF AVENUE S

 

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

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Camron, Inc. (Owner) for final plat and Subdivision Agreement approval for “Eastbrooke Tenth” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the East Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 6.02 acres, more or less, Buffalo County, Nebraska (east of Avenue R, north of Eastbrooke Drive, and north of Avenue S) and to consider approval of Resolution No. 2007-180. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Camron, Inc. (Owner) for final plat and Subdivision Agreement approval for “Eastbrooke Tenth” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the East Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 6.02 acres, more or less, Buffalo County, Nebraska (east of Avenue R, north of Eastbrooke Drive, and north of Avenue S) and approve Resolution No. 2007-180. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-180

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “EASTBROOKE TENTH” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the East Half of the of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the northwest corner of Government Lot 3 of Section 19, said point also being the northwest corner of Eastbrooke Sixth, an addition to the City of Kearney, Buffalo County, Nebraska, and assuming the north line of said Government Lot 3 and the north line of said Eastbrooke Sixth and the north line of Eastbrooke Third, an addition to the City of Kearney, Buffalo County, Nebraska and the north line of Eastbrooke Seventh, an addition to the City of Kearney, Buffalo County, Nebraska, and the north line of Eastbrooke Eighth, an addition to the City of Kearney, Buffalo County, Nebraska, as bearing S89°57'37"E and all bearings contained herein are relative thereto; thence S89°57'37"E and on the aforesaid north line a distance of 1705.84 feet to the northeast coener of Outlot "B" of said Eastbrooke Eighth; thence S35°35'09"W and on the easterly line of Outlot "B" of said Eastbrooke Eighth a distance of 487.10 feet to the most northerly corner of Lot 3, Block 2 of said Eastbrooke Eighth; thence leaving the easterly line of Outlot "B" of said Eastbrooke Eighth S51°03'26"E and on the northerly line of Block 2 of said Eastbrooke Eighth a distance of 297.02 feet to the ACTUAL PLACE OF BEGINNING said point being the northeasterly corner of Lot 1, Block 2 of said Eastbrooke Eighth; thence S50°52'33"E a distance of 383.91 feet; thence S51°06'57"E a distance of 394.25 feet; thence S51°00'49"E a distance of 69.84 feet; thence S38°56'58"W a distance of 198.17 feet; thence N51°03'02"W a distance of 20.00 feet; thence S38°56'58"W a distance of 90.74 feet; thence N61°09'55"W a distance of 135.35 feet; thence N78°56'10"W a distance of 175.35 feet to a point on the easterly line of Block 1 of Eastbrooke Ninth, an addition to the City of Kearney, Buffalo County, Nebraska; thence N03°26'41"E and on the easterly line of said Block 1 of said Eastbrooke Ninth a distance of 13.14 feet; thence N02°08'00"W and continuing on the easterly line of Block 1 of said Eastbrooke Ninth a distance of 120.50 feet to the northeasterly corner of Lot 1, Block 1 of said Eastbrooke Ninth; thence N51°03'02"W and on the northerly line of Lot 1, Block 1 of said Eastbrooke Ninth a distance of 151.13 feet to the northwesterly corner of Lot 1, Block 1 of said Eastbrooke Ninth; thence N55°41'37"W and on the northerly line of said Eastbrooke Ninth a distance of 61.77 feet to the northeasterly corner of Lot 1, Block 2 of said Eastbrooke Ninth; thence N51°03'02"W and on the northerly line of Lot 1, Block 2 of said Eastbrooke Ninth a distance of 144.81 feet to the most northerly corner of Lot 1, Block 2 of said Eastbrooke Ninth; thence S38°56'58"W and continuing on the northerly line of Lot 1, Block 2 of said Eastbrooke Ninth a distance of 40.00 feet to the northwesterly corner of Lot 1, Block 2 of said Eastbrooke Ninth, said point also being the most easterly corner of Lot 3, Block 1 of said Eastbrooke Eighth; thence leaving the northerly line of Lot 1, Block 2 of said Eastbrooke Eighth N36°16'20"W and on the easterly line of Block 1 of said Eastbrooke Eighth a distance of 38.56 feet to the northeasterly corner of Lot 3, Block 1 of said Eastbrooke Eighth; thence N15°49'23"W and continuing on the easterly line of Block 1 of said Eastbrooke Eighth a distance of 52.29 feet to the southeasterly corner of Lot 1, Block 1 of said Eastbrooke Eighth; thence N38°56'58"E and continuing on the easterly line of Block 1 of said Eastbrooke Eighth (if extended northerly) a distance of 160.00 feet to a point on the northerly line of 62nd Street, a street in the City of Kearney, Buffalo County, Nebraska, said point also being on the southerly line of Lot 1, Block 2 of said Eastbrooke Eighth (if extended southeasterly); thence N51°03'02"W and on the north line of said 62nd Street and on the southerly line of Lot 1, Block 2 of said Eastbrooke Eighth (if extended southeasterly) a distance of 15.43 feet to the southeasterly corner of Lot 1, Block 2 of said Eastbrooke Eighth; thence N38°56'58"E and on the east line of Lot 1, Block 2 of said Eastbrooke Eighth a distance of 138.93 feet to the place of beginning, containing 6.02 acres, more or less, all in Buffalo County, Nebraska, and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

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

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

            PASSED AND APPROVED THIS 11TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

ANNEXATION OF EASTBROOKE TENTH; EAST OF AVENUE R, NORTH OF EASTBROOKE DRIVE, AND NORTH OF AVENUE S

 

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

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Camron, Inc. (Owner) for the annexation of “Eastbrooke Tenth” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the East Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 6.02 acres, more or less, Buffalo County, Nebraska (east of Avenue R, north of Eastbrooke Drive, and north of Avenue S) and to consider approval of Resolution No. 2007-181. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Clouse to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Camron, Inc. (Owner) for the annexation of “Eastbrooke Tenth” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the East Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 6.02 acres, more or less, Buffalo County, Nebraska (east of Avenue R, north of Eastbrooke Drive, and north of Avenue S) and approve Resolution No. 2007-181. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-181

 

            WHEREAS, an Application has been submitted by Mitch Humphrey for Buffalo Surveying (Applicant) and Tim Norwood for Camron, Inc. (Owner) for the inclusion of “EASTBROOKE TENTH” an addition within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the East Half of the of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the northwest corner of Government Lot 3 of Section 19, said point also being the northwest corner of Eastbrooke Sixth, an addition to the City of Kearney, Buffalo County, Nebraska, and assuming the north line of said Government Lot 3 and the north line of said Eastbrooke Sixth and the north line of Eastbrooke Third, an addition to the City of Kearney, Buffalo County, Nebraska and the north line of Eastbrooke Seventh, an addition to the City of Kearney, Buffalo County, Nebraska, and the north line of Eastbrooke Eighth, an addition to the City of Kearney, Buffalo County, Nebraska, as bearing S89°57'37"E and all bearings contained herein are relative thereto; thence S89°57'37"E and on the aforesaid north line a distance of 1705.84 feet to the northeast coener of Outlot "B" of said Eastbrooke Eighth; thence S35°35'09"W and on the easterly line of Outlot "B" of said Eastbrooke Eighth a distance of 487.10 feet to the most northerly corner of Lot 3, Block 2 of said Eastbrooke Eighth; thence leaving the easterly line of Outlot "B" of said Eastbrooke Eighth S51°03'26"E and on the northerly line of Block 2 of said Eastbrooke Eighth a distance of 297.02 feet to the ACTUAL PLACE OF BEGINNING said point being the northeasterly corner of Lot 1, Block 2 of said Eastbrooke Eighth; thence S50°52'33"E a distance of 383.91 feet; thence S51°06'57"E a distance of 394.25 feet; thence S51°00'49"E a distance of 69.84 feet; thence S38°56'58"W a distance of 198.17 feet; thence N51°03'02"W a distance of 20.00 feet; thence S38°56'58"W a distance of 90.74 feet; thence N61°09'55"W a distance of 135.35 feet; thence N78°56'10"W a distance of 175.35 feet to a point on the easterly line of Block 1 of Eastbrooke Ninth, an addition to the City of Kearney, Buffalo County, Nebraska; thence N03°26'41"E and on the easterly line of said Block 1 of said Eastbrooke Ninth a distance of 13.14 feet; thence N02°08'00"W and continuing on the easterly line of Block 1 of said Eastbrooke Ninth a distance of 120.50 feet to the northeasterly corner of Lot 1, Block 1 of said Eastbrooke Ninth; thence N51°03'02"W and on the northerly line of Lot 1, Block 1 of said Eastbrooke Ninth a distance of 151.13 feet to the northwesterly corner of Lot 1, Block 1 of said Eastbrooke Ninth; thence N55°41'37"W and on the northerly line of said Eastbrooke Ninth a distance of 61.77 feet to the northeasterly corner of Lot 1, Block 2 of said Eastbrooke Ninth; thence N51°03'02"W and on the northerly line of Lot 1, Block 2 of said Eastbrooke Ninth a distance of 144.81 feet to the most northerly corner of Lot 1, Block 2 of said Eastbrooke Ninth; thence S38°56'58"W and continuing on the northerly line of Lot 1, Block 2 of said Eastbrooke Ninth a distance of 40.00 feet to the northwesterly corner of Lot 1, Block 2 of said Eastbrooke Ninth, said point also being the most easterly corner of Lot 3, Block 1 of said Eastbrooke Eighth; thence leaving the northerly line of Lot 1, Block 2 of said Eastbrooke Eighth N36°16'20"W and on the easterly line of Block 1 of said Eastbrooke Eighth a distance of 38.56 feet to the northeasterly corner of Lot 3, Block 1 of said Eastbrooke Eighth; thence N15°49'23"W and continuing on the easterly line of Block 1 of said Eastbrooke Eighth a distance of 52.29 feet to the southeasterly corner of Lot 1, Block 1 of said Eastbrooke Eighth; thence N38°56'58"E and continuing on the easterly line of Block 1 of said Eastbrooke Eighth (if extended northerly) a distance of 160.00 feet to a point on the northerly line of 62nd Street, a street in the City of Kearney, Buffalo County, Nebraska, said point also being on the southerly line of Lot 1, Block 2 of said Eastbrooke Eighth (if extended southeasterly); thence N51°03'02"W and on the north line of said 62nd Street and on the southerly line of Lot 1, Block 2 of said Eastbrooke Eighth (if extended southeasterly) a distance of 15.43 feet to the southeasterly corner of Lot 1, Block 2 of said Eastbrooke Eighth; thence N38°56'58"E and on the east line of Lot 1, Block 2 of said Eastbrooke Eighth a distance of 138.93 feet to the place of beginning, containing 6.02 acres, more or less, all in Buffalo County, Nebraska; and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on August 17, 2007 on the inclusion of “EASTBROOKE TENTH” 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 “EASTBROOKE TENTH” an addition to the City of Kearney, Buffalo County, Nebraska;

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on September 11, 2007 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the land to be platted as “EASTBROOKE TENTH” 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 “EASTBROOKE TENTH” 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 SEPTEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

AMENDMENTS TO CHAPTERS 20, 21, AND 22 OF THE CITY CODE

 

Mayor Clouse opened the public hearing on the Application submitted by Gene McElhinny and Steve Craig for proposed amendment to Section 20-102 “Site Development Regulations” of Chapter 20 “District R-2, Urban Residential Mixed-Density District”; proposed amendment to Section 21-102 “Site Development Regulations” of Chapter 21, “District R-3, Urban Residential Multi-Family District (Medium Density)”; proposed amendment to Section 22-102 “Site Development Regulations” of Chapter 22, “District R-4, Urban Residential Multi-Family District (High Density)” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to allow duplex lots to be established by Minor Subdivision along the common wall and to further amend Section 21-102 “Site Development Regulations” of Chapter 21, “District R-3, Urban Residential Multi-Family District (Medium Density)”; proposed amendment to Section 22-102 “Site Development Regulations” of Chapter 22, “District R-4, Urban Residential Multi-Family District (High Density)” to allow townhouse development on fee simple lots. Planning Commission recommended approval.

 

A few months ago, one of the applicants approached the City with a request to amend the City Code to allow Minor Subdivisions to be used to subdivide duplex properties along the common wall. No further information was submitted to the City for consideration so the hearings were continued. In the interim, another developer requested approval of townhouse development with each living unit on a separate lot. To date, both duplex and townhouse units have primarily been developed under condominium law on one large lot with planned development procedures with each lot owner having an undivided interest in the surrounding common ground. This developer wants to seek a Code amendment to allow each owner to own their own lot without encumbering the process with condominium laws. 

 

After researching these issues, Staff has determined that the existing language in the City Code can be amended to meet both of these requests. Three chapters of the City Code must be amended to accomplish these revisions. The ordinance showing strikeout and underline language for each chapter showing the proposed changes are attached.

 

Chapter 20 – Duplex Development.

a)       The minimum lot width for duplexes in Planned Developments is reduced from 60 feet to 30 feet.  This change allows an existing lot to be split along the common wall with 30 feet on each side creating two new 30-foot lots. In Planned Developments the lots could also be platted from the beginning as 30 foot wide lots and the structures could be built so that the common wall coincides with the interior lot line. In conventional developments the minimum lot width remains 70 feet, which could then be split with a minor subdivision into two 35-foot lots if all other requirements of this chapter are satisfied.

b)       Reference Notes 4 and 5 in the table header are highlighted as additional language under each note is added to allow minor subdivision conversions subject to:

Note 4

·         Private roads require planned zoning.

·         Home Owners Association is required for maintenance of any common land proposed in the development.

Note 5

·         Minimum lot area of 3,000 square feet per unit and minimum lot width of 30 feet.

·         Fire wall separation between living units.

·         Required off-street parking for each unit on the same lot.

·         Separate water and sewer services and separate tap for each unit.

 

Since duplexes are also an allowable use in Districts R-3 and R-4, Chapters 21 and 22 must also be amended in a similar fashion to cover these concerns.

 

Chapter 21 – Multi-Family Medium Density

In addition to the modifications pertaining to duplex development, the following revisions are required for Townhouse Development: in Chapter 21:

a)       The minimum lot width for town homes in Traditional Development is reduced from 35 feet to 25 feet and in Planned Developments is reduced from 25 feet to 20 feet.  After Staff conducted research on contemporary town home development in other Nebraska communities the reduced sizes seem to offer increased flexibility to meet market demands.

b)       The minimum side yard setback is reduced from 15 feet to 10 feet.  This side yard requirement insures a minimum separation of 20 feet between any two structures containing town homes. 

c)       Reference Note 1 in the left sidebar is highlighted as additional language under this note is added to regulate townhouse development subject to:

·         No more than six (6) units may be attached in a single townhouse structure in District R-3.

·         Common wall can be zero if built in accordance with IRC codes.

·         Minimum 20-foot separation is required between any two adjacent structures containing townhouse units. The land contained in this area may be platted as part of an individual fee simple lot that goes with the end unit, or it may be part of the common grounds maintained by the Home Owners Association.

·         The 35 percent enhanced brick or stone requirement for street facing facades shall not apply to facades oriented side or rear to a private road.

·         No more than two connected units can have the same front yard.

·         Minimum landscaped bufferyard of 20 feet adjacent to R-1 Districts.

·         Projects developed with a private road require planned development standards.

·         Home Owners Association is required for maintenance of any common land proposed in the development. Evidence of such shall be filed at the Register of Deeds Office.

 

Chapter 22 – Multi-Family High Density

In addition to the modifications pertaining to duplex development, the following revisions are required for Townhouse Development: in District R-4:

a)       The minimum lot width for town homes in Traditional Development is reduced from 35 feet to 25 feet and in Planned Developments is reduced from 25 feet to 20 feet. After staff conducted research on contemporary town home development in other Nebraska communities the reduced sizes seem to offer increased flexibility to meet market demands.

b)       The minimum side yard setback is reduced from 15 feet to 10 feet. This side yard requirement insures a minimum separation of 20 feet between any two structures containing town homes. 

c)       Reference Note 1 in the left sidebar is highlighted as additional language under this note is added to regulate townhouse development subject to:

·         No more than eight (8) units may be attached in a single townhouse structure in District R-4

·         Common wall can be zero if built in accordance with IRC codes.

·         Minimum 20-foot separation is required between any two adjacent structures containing townhouse units. The land contained in this area may be platted as part of an individual fee simple lot that goes with the end unit, or it may be part of the common grounds maintained by the Home Owners Association.

·         The 35 percent enhanced brick or stone requirement for street facing facades shall not apply to facades oriented side or rear to a private road.

·         No more than two connected units can have the same front yard.

·         Minimum landscaped bufferyard of 20 feet adjacent to R-1 Districts.

·         Projects developed with a private road require planned development standards.

·         Home Owners Association is required for maintenance of any common land proposed in the development. Evidence of such shall be filed at the Register of Deeds office.

 

Residential development is allowed in commercial districts. The regulations pertaining to town homes in these other districts are not proposed for any changes. To summarize:

 

Mobile Home Residential District

Townhouses are allowed, but staff’s position is that rezoning to a more appropriate zoning district such as R-2, R-3, R-4 would be the preferred approach in allowing townhouse development in this scenario.

 

Mixed Use Urban Corridor District

Duplexes and townhouses are allowed, but the code is more restrictive in this district.  Common sense would suggest that land in UC zoning along major urban corridors has a higher use (commercial) than duplexes or town homes. Therefore, staff believes this district will take care of itself in this regard.

 

Office District

Permitted residential uses are referred back to Chapter 21.

 

Limited Commercial District

Permitted residential uses are referred back to Chapter 21.

 

Community Commercial District

Permitted residential uses are referred back to Chapter 22.

 

Kearney Center Mixed Use District

No duplexes or town homes allowed.

 

General Commercial District

Permitted residential uses are referred back to Chapter 22.

 

After the Planning Commission hearing, Staff did receive additional feedback from Commission and Council members concerned about density of development under these regulations. There is no question that townhouses are a denser development pattern than single-family, duplex and triplex or fourplex development. Townhouses are less dense than typical garden apartment projects that allow multiple living units to be stacked over-under as well as side by side. Townhouses cannot be stacked. These types of densities are not for everyone, but these types of projects provide housing for a variety of housing choices within the market. Issues such as traffic management come into play as denser development patterns produce more traffic. Some sites may not be appropriate for high density and each future rezoning request must be evaluated for conformity to the Future Land Use Map and surrounding development patterns. The revisions recommended in this code amendment do not allow increased density over what the code allowed previously. In other words, the same amount of lot area per unit, the same ratio of maximum impervious coverage to green space, same height limitations and setbacks (with the exception of sideyard) still apply. In Planned Developments, setbacks can be modified, including reduction of the setback if approved by Commission and Council. The purpose of the proposed amendment that was promulgated by the development community is to allow for a different type of ownership on fee simple lots as opposed to condominium laws.

 

Gene McElhinny, 4642 Parklane Drive, presented this matter to the Council. The reason for his application was to allow secondary market financing on duplexes and the issue of 80 percent occupancy on any condominium association. In addition to the condominiums, they have to file documents with the Secretary State which causes more work and expenses. No minor changes can be made to those duplexes without resubmitting to the Secretary of State. 

 

City Planner Lance Lange stated that Mr. McElhinny made his request for possible revision of the Code to allow minor subdivisions to split either an existing duplex or create smaller lots in planned developments for duplexes. At the same time Steve Craig, another developer from Hastings, was interested in doing something different than condominiums with townhouses as well. He wanted to have each unit on a fee simple lot. Since these two issues were similar, they decided to combine them together and bring them forth as one amendment that covers several different chapters of the residential part of the City Code. 

 

Many years ago, the old code allowed minor subdivision of duplexes along the common wall if it was built as a firewall between the two living units.  They did run into a problem at one point because when that minor subdivision was created by the City somehow the parking for living units was all on one side of the line.  Parking was allowed all on one lot.  Through some discrepancy, the people that had all the parking told the others that they could not use the parking area.  The City got sued as a result and then made the decision not to allow those minor subdivisions anymore. 

 

What they tried to do in this amendment was to think through some of those issues.  They have added some notes that indicate that each side of the duplex has to stand alone in terms of utility connections and parking and the common wall has to be fired rated according to the International Residential Code to separate those units. By adding these conditions, they hope to avoid any problems in the future for the City.

 

At the present time, they have conventional development districts. Many of the projects include private streets for parking and access to the duplexes. To accommodate those private streets, it must be a planned development that allows for the subdivision of those duplexes along that common wall.  If they were built on a conventional street, the lot sizes are a little bit larger to allow for on-street parking. He proposed that after duplexes are built, the developer could come in and minor sub them or require that they lay out the subdivision at the beginning so that each half of the duplex sets on a lot along the common wall.  Mr. McElhinny does not like to do that because it calls for a very precise work in the field. If the line on the paper is off even a few inches, it is difficult to build that in the field. It is easier to build the whole unit and come back later and split on the common wall. This all pertains to the R-2 Chapter 20.  The R-2 Chapter also allows up to four townhouse views to be connected together.  Pertaining to the R-2, R-3 and R-4 district and all the commercial zones (C-O, C-1, C-2, C-3) would allow for townhouse developments. Typically, townhouses have been built in R-2 and R-3.  They do not have any in R-4 at the present time.

 

The Craigs wanted each living unit to be on a fee simple lot.  This has not come before the Council yet, but the plan is for four living units connected with a vertical common wall in one building (a townhouse structure), but that would be platted as four individual lots that would be fee simple lots owned by a person. The rest of the property that surrounds those buildings would be common area held in common by a homeowners association. It would be similar to a condominium association that is paid by each property owner. The legal aspects of setting this up are much different, more cumbersome and more difficult to obtain financing.  Either in the condominium or a fee simple lot ownership situation both have a large lot with multiple buildings and common space that needs to be dealt with.  It would make it easier for the developer and lending institutions if they can avoid the condominium approach. 

 

Since this was brought up at Planning Commission there has been more discussion regarding the changes made to the side yard setbacks from 15 feet to 10 feet. This means if there were two rows of townhouses (2 multi-plex buildings adjacent to each other) by the current Code requires 15 feet and 15 feet for a total of 30 feet of separation.  The proposal is to drop that down to 10 feet and 10 feet for a total of 20 feet. City Planner did not believe that it was wise to decrease the number of feet required to provide more common space between those units. The proposal is to allow up to four units in R-2, up to six units in R-3 and up to eight units in R-4.  Since the density goes up with R-2 and R-3, they believe that it would be appropriate the developer could take advantage of density increase by adding more units in each structure.  However, it becomes even more important when there are more units put together that there be some common space for the residents to be able to circulate those units for fire and safety and accessibility. 

 

Staff recommended the ten feet to the Planning Commission which they approved but after more discussion they believed that 15 feet was more appropriate.  There is also a requirement for a homeowners association in a planned development so there is some entity to take care of the common space.  The by-laws or laws of incorporation must be filed at the Register of Deeds along with the plats for the fee simple townhouse development showing there is an organization or association in place to take care of those common space issues. 

 

City Planner addressed the comments that were added after the chart.  The first was regarding the common wall which will be required as it is for the duplexes in accordance with the International Residential Code.  Next comment is that a minimum of 20 feet of separation shall be maintained between any two adjacent structures containing townhouse units.  If the requirement is not changed from 15 feet to 10 feet for the side yard then the 20 feet should remain as 30 feet of separation. The last comment is that “such open area may be managed in a homeowners association or as part of a private lot”. Staff had some concerns about that wording after discussing it with some developers and others. The intent was to let developers choose if they wanted to put the lot line on the end wall of the townhouse or to provide some side yard so there could be some space they could use to garden or have a fence with a dog, etc.   The way this reads, if the side yard is 15 feet and the owner of the end unit wanted to put up a fence on the side yard, he could do so. The owner of the other end unit across the way would also be able to put a fence on his side yard which would completely block that area. There would no access for firefighters, emergency rescue or others that need to circulate around the unit.  It was decided it would be better to revise this statement to read: “Such open areas shall be maintained in a homeowners association as common space.” This would not allow it to be part of the private lot. The owner would have the backyard that they could fence according to City fencing codes.

 

Other requirements would be 35 percent of the building façades must be masonry material, brick or split face concrete units.  If the unit has a private drive, the rear yards and side yards of that unit would not have to have that enhanced material, but the fronts would.  There can be no more than two connected units that can have the same front yard which means the units should jog in and out spaciously so that it does not create a barracks look. If there is a residential district adjacent to the townhouse development there is a minimum buffer yard of 20 feet required in accordance with the landscape chapter of the Code. 

 

Council member Kearney stated that he was part of the original UDO committee and his understanding from that was that the community wanted more greenery. He believed that the proposed changes eliminated a lot of the green space. He also believed that putting that many units together in a cluster in a rural setting like Kearney really is not necessary. In a larger City like Omaha that might be the case.  City Planner agreed that it would be a very dense development. Keeping the additional space for the side yards would be helpful and they do encourage developers to incorporate as much green space as possible by using trees and grass instead of mulch and rocks, etc.

 

The developers are awaiting the outcome of this amendment to see what design parameters they have to work with.  Their plans have been tabled at this point and will have to be changed if the 30 feet side yard remains. City Planner stated by meeting all the requirements set forth, the plan will not be as dense as originally proposed although it will be the highest density that has been done.  Most of the property these developers own is being proposed as R-1 development. This utilizes only about nine acres out of 200 acres. The Council could request some provisions to increase the ratio of green space in those types of developments by increasing the amount of impervious or set aside areas for recreation for playgrounds, etc.

 

Council member Lammers stated that the reduction of green space in a duplex situation is one thing but he had a problem with the significant reduction with a 6-plex. He believed the proposed reduction in the amount of feet were significant and should remain the same.

 

Mayor Clouse asked if the City staff took initiative on proposing the decrease in the footage or if it was a request from the developer to sell these lots fee simple.  City Planner responded that it was a request from the developer to have narrower lots.  However, staff researched other communities in Nebraska and other states that have a lot of townhouse type development and found that it was not out of line to reduce the footage. The side yard adjustments were not requested by the developer but proposed by staff that now believes they should remain the same due to the density issue.

 

City Manager Michael Morgan clarified that these changes also increase the number of units that can go together which increases density.  Each factor must be considered in determining density.  Council member Kearney requested that an itemized listing of the changes be provided in writing and was uncomfortable in approving these changes.  Council member Lear stated that some of these changes were not proposed by the Planning Commission. Now the Council is considering making changes to those proposed changes.  City Manager suggested that it might be appropriate to hear from others and additional Council comments and bring this back next meeting with bullet points and diagrams to help clarify changes. 

 

Council member Buschkoetter commented that the proposal that is being tabled is a good example of how dense a development could be. Dense housing is not necessarily a bad thing because it is pretty affordable housing.  It is profitable for the developer, the manufacturer and also an opportunity for people to get a starter home and build some equity where they would not otherwise have the opportunity.  Although this needs to be modified somewhat, he believed that this sort of idea has merit. Although this might be too dense as proposed, by making some changes could give people the opportunity to stop being renters and start being owners. City Planner agreed that there is a need for some range in housing and affordability is a part of that. The goal is to give choices to residents where they want to live in the community. City Manager stated that a major criterion is the number of bedrooms. A 2-bedroom unit is not a normal large family versus a 3-bedroom unit which might change the amount of green space required. 

 

Stan Dart, 2410 65^th Avenue Place, spoke as a Planning Commission member. This item came before Planning Commission a couple of weeks ago and all of the changes passed unanimously. Within 15 minutes after that passed, the proposal for Fountain Hills was put before them. They saw diagrams; the plat that represented how space could be arranged and understood the impact that it has. He admitted had he known everything he needed to know as he read through his packet and read it more thoroughly prior to the Planning Commission meeting, he could have been a little more critical of it at that meeting. He found that after having voted for these changes and how it affected what come up with the Fountain Hills proposal, he wished that he had not voted the way he did. This plan was an example of what could happen with these changes.  Mr. Dart stated that as the Council is discussing changes for R-2, R-3 and R-4, he encouraged them not to table the R-2. R-2 is the one where there are no changes suggested and creates no real problems. That would allow Mr. McElhinny to proceed comfortably and within the intent and scope of the ordinance.  The issues with the R-3 and R-4 can be satisfied with the proposals that the City Planner suggested. This would be to keep the original side yard setback at 15 feet so there would be a 30-foot separation between buildings. That would provide some open space. At this time it is unknown if it is desirable open space, functional open space or space where kids can play.  For some people that might be an option but do not believe they need that open space. For others the decision to buy or rent there is going to be based on whether that open space is there or not. He believed that the 30 feet separation is probably appropriate when you start getting in to the six and eight unit facilities rather than creating a fortress and façade. He thought the critical addition to that is that the side yard setback must be held as common space.  If the developer wishes to create an end lot on one of their six or eight plexes that includes not only the structure but also some additional yard that is part of that individual lot is fine as long as the separation between lot lines remains at 30 feet.  

 

Mr. Dart further stated what staff has told him during the discussion is that on the same amount of land, structures of equal density could be built (under the current code) and we would not be having this discussion. Apartment complexes would be an example.  What brought this to our attention is the physical arrangement and the particular provisions for creating massive linear structures as opposed to massive vertical structures.

 

Mayor Clouse asked if the “level of quality in construction” phrase that has been included in the proposed amendment will actually insure a better level of quality.  City Planner had stated that we do not deal with construction codes other than from a fire safety standpoint. They do have provisions that street facing façades have to have an upgraded look with brick and not required on the back side of the unit facing private drives. They do not have defined and strict architectural controls in Kearney. It is usually the developer’s choice and what the architect envisions which are usually of high standard. There are other communities that have very high design standards with review boards with more requirements and restrictions. Planned districts in the past have allowed some input from the Commission and the Council if the buildings were really drab or a development that is good that should be emulated. 

 

Council member Kearney stated he wanted to see this returned to the Planning Commission to make the necessary recommendations.  He did not feel comfortable making changes without that.  City Manager pointed out that the concern would be that we have a large pending development that could probably adjust to these changes being considered. Sending these back to the Planning Commission is a two-month delay. The pending project would be delayed until next spring. Taking it back and bringing it back to City Council is fairly quick. City Planner stated the changes are basically if they are just talking about changing the side yard footage and the ownership of the land between the buildings that is pretty straight forward.  Most were in agreement about those changes and just cleaning up the language and bring it back next meeting.

 

Moved by Clouse seconded by Lear to close the hearing and approve the Application submitted by Gene McElhinny and Steve Craig for proposed amendment to Section 20-102 “Site Development Regulations” of Chapter 20 “District R-2, Urban Residential Mixed-Density District” of the Unified Land Development Ordinance, a part of the Code of the City of Kearney to allow duplex lots to be established by Minor Subdivision along the common wall and to table until September 25, 2007 the proposed amendments to Section 21-102 “Site Development Regulations” of Chapter 21, “District R-3, Urban Residential Multi-Family District (Medium Density)”; proposed amendment to Section 22-102 “Site Development Regulations” of Chapter 22, “District R-4, Urban Residential Multi-Family District (High Density)” to allow staff to review and clarify the side setback and the dialogue in the footnotes about the common space and the minimum of 30 feet separation and bring that back to Council.  Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Nay: Kearney. Motion carried.

 

AMEND LAND USE MAP SOUTH OF 56TH STREET, WEST OF 2ND AVENUE AND EAST OF 17TH AVENUE

 

Moved by Clouse seconded by Kearney to table until September 25, 2007 the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Grand West, LLC (Owner) for an amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Mixed Use 1” to “Mixed Use 2” for property described as part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of 6th P.M., containing 18.47 acres, more or less, Buffalo County, Nebraska (south of 56th Street, west of 2nd Avenue and east of 17th Avenue). Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

REZONING SOUTH OF 56TH STREET, WEST OF 2ND AVENUE AND EAST OF 17TH AVENUE

 

Moved by Clouse seconded by Lammers to table until September 25, 2007 the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Grand West, LLC (Owner) to rezone from “District AG, Agricultural District” to “District C-2, Community Commercial District” containing 8.74 acres, more or less AND to “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District” property described as part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of 6th P.M., containing 9.73 acres, more or less, Buffalo County, Nebraska (south of 56th Street, west of 2nd Avenue and east of 17th Avenue). Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

FINAL PLAT FOR FOUNTAIN HILLS SECOND ADDITION; SOUTH OF 56TH STREET, WEST OF 2ND AVENUE AND EAST OF 17TH AVENUE

 

Moved by Clouse seconded by Lear to table until September 25, 2007 the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Grand West, LLC (Owner) for final plat and Subdivision Agreement approval for “Fountain Hills Second Addition”, a subdivision in Buffalo County, Nebraska for property described as part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 18.47 acres, more or less, Buffalo County, Nebraska (south of 56th Street and east of 11th Avenue). Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

DEVELOPMENT PLANS; SOUTH OF 56TH STREET, WEST OF 2ND AVENUE AND EAST OF 17TH AVENUE

 

Moved by Clouse seconded by Buschkoetter to table until September 25, 2007 the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Grand West, LLC (Owner) for Planned District Development Plan Approval for the construction of residential townhouses on property to be zoned “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District” and described as part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (proposed Lot 1 of Block 2, Fountain Hills Second Addition and located south of 55th Street and east of 11th Avenue). Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

DEVELOPMENT PLANS FOR 115 EAST 52ND STREET

 

Mayor Clouse opened the public hearing on the Application submitted by Diane Belschner (Applicant and Owner) for Planned District Development Plan Approval for the construction of a carport area and a shed on property zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1 of Block 2, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (115 East 52nd Street) and to consider approval of Resolution No. 2007-185. Planning Commission recommended approval provided that the shed’s street facing façade along Parklane Drive and 52^nd Street be enhanced with 35 percent upgraded masonry construction materials such as brick, stone or split-face block.  Staff recommended denial and that a traditional enclosed garage be constructed in its place meeting Code requirements.

 

The applicant is requesting approval of Development Plans for the addition of a 20 foot by 24 foot open sided carport and a 10 foot by 12 foot freestanding plastic storage shed on the west side of her property at 115 East 52^nd Street. The carport is proposed to be located over the existing concrete parking pad three feet from the west property line and 30 feet from the south property line. The storage shed is shown immediately south of the carport, three feet from the west property line and 20 feet from the south property line. This property is zoned C-2/PD.  You may recall, when this property was developed a few years ago, the building is used partially for a residence and partially for an accounting business.

 

The purpose of the carport is to provide sheltered parking for the employees of the bookkeeping agency. The storage shed will house the lawnmower, snow blower, gasoline, etc.  Staff has reviewed this submittal and offers the following comments:

 

a)       Even though part of this property is used for residential purposes, staff questions whether an “open air” carport is appropriate in this setting. The property is zoned commercial. The commercial business to the west has erected a traditional enclosed garage with brick wainscoting on the street facing façades to meet code requirements.  The applicant believes that the proposed location for the carport and shed are far from the streets and hidden from view by the existing structures and landscaping on the subject site and on the lot to the west. Staff is concerned that allowing a carport in lieu of a garage will set a precedent for commercial properties such that future requests for a carport in a commercial zone may be questionable, but difficult to deny once this precedent is set.  Indeed, it could be argued that the precedent for the area has already been established with the construction of the garage directly west.

 

Planning Commission agreed that there is a potential danger in allowing this type of precedent in commercial zones. The applicant pointed out that there is a carport downtown just west of City Hall.  That carport was erected several years ago before carports were regulated and it is tucked in behind the buildings off the alley. It is also zoned CBD, not C-2 or C-3 which is where the concern for setting a precedent occurs along our major street corridors.

 

b)       Code requires any street facing façade in this zoning district to be enhanced with 35 percent upgraded masonry construction materials such as brick, stone or split-face block. This code requirement will be difficult to meet since the carport has no vertical walls per se. The shed is also subject to this requirement. The applicant was advised of this requirement and no enhanced materials are depicted on the plans.  Therefore, staff assumes that the applicant is requesting a deviation from this requirement.

 

At the Planning Commission meeting the applicant offered to construct a raised brick flowerbed alongside the shed as a compromise.  Planning Commission did not believe that the planter would be acceptable.

 

c)       The proposed placement of the carport and shed meet setback requirements set forth in the zoning ordinance as follows:

 

                                                            Required           Provided

                        Rear setback                      15 feet              20 feet

                        Side setback                          zero                3 feet

 

Even though the setbacks are met per zoning, the proximity of these structures to the west property line, and the fact that flammable material will be stored here, may require fire resistive construction per the International Building Codes and Fire Codes.

 

Diane Belschner, 5122 Park Lane Drive, presented this matter to the Council. She wanted to concede the carport although she still wanted to do the shed. The Planning Commission recommended that the shed must have 35 percent brick façade on the two sides that faced the street (52nd Street and the Park Lane Drive). This would force her to put the doors of the shed facing south.  She would not be able to see the doors on the south from her house.  There are a lot of kids that come from the movies at the Mall and hang out in that area of her yard.  She would not be comfortable not being able to see those doors.  She also wants to keep her snow blower and lawn mower in the shed and the easiest access would be to pull them out onto the driveway that is adjacent to the location of the shed.  She is not physically capable of scooping all the way around the sides of the shed in order to get the snow blower out.  She requested that the doors be able to be located on the north side of the shed, facing 52nd Street.  By putting the doors on the north, she would not be able to put brick on that side.  She stated that she would be willing to build a nice brick flowerbed up against the shed on the Park Lane Drive side.  She would make those out of 35 percent brick or split block or whatever the Code requires. 

 

She presented pictures to the Council of her building showing that when it was built in 2000, it was not a requirement to have brick on the 52^nd Street side of her building.  With regard to the Park Lane Drive side, the full length of her building is brick, but no brick anywhere else on the building.  She thought it was not common sense to brick the shed if you do not have a brick home.  The material she is planning to use is nice and the same material that the City used on the fencing at the Meadowlark Hills Golf Course.  She might be willing to put some small planters on the north side (but not 35 percent), but would still need to have enough room to open the doors back onto the driveway. 

 

City Planner Lance Lang stated that Ms. Belschner has somewhat of a unique situation because she has constructed a building in a C-3 zone which is purely commercial, but it is a dual use building and uses part of it to live in and part for a business.  She was not required to have brick on the 52^nd Street side because it was prior to the UDO being effective in 2002.  The understanding from the Planning Commission was they did not want to set a precedent with allowing the carport and not requiring the 35 percent brick on the street facing sides because this is in a commercial zone. Gas ‘N Shop (a commercial business) just came through the City last month to construct a shed, but they were required to do the brick façade. They considered the fact that it was a commercial development and not purely residential.  If it were just a house or duplex, the brick façade would not be required.  She is zoned C-3 and adjacent to the Hilltop Mall.

 

Public Works Director Rod Wiederspan stated since this property is located in a planned zone, the Council can make concessions and deviate a little if they believe that it is better to brick the other two sides. The intent of the Code is still being met, just not to the letter of the Code.  He suggested that the small planters could be placed on the north so that it is not a plain wall.

 

Council member Buschkoetter stated that he agreed that it makes sense that the shed door should be at the end of the driveway.  He agreed that the brick façade on the Park Lane Drive side would be appropriate. 

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Lear to close the hearing on the Application submitted by Diane Belschner (Applicant and Owner) for Planned District Development Plan Approval for  the construction of a carport and a shed on property zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1 of Block 2, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (115 East 52nd Street) and approve Resolution No. 2007-185 subject to denial of the carport and the shed be constructed in the location shown on the site plan provided that the shed’s façade on two sides including Park Lane Drive be enhanced with 35 percent upgraded masonry construction material such as brick stone or split face block. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-185

 

            WHEREAS, Diane Belschner (Applicant and Owner) have applied for Planned District Development Plan Approval for the construction of a carport area and a shed on property zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1 of Block 2, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (115 East 52nd Street).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Diane Belschner (Applicant and Owner) for Planned District Development Plan Approval for the construction of a carport area on property zoned “C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1 of Block 2, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (115 East 52nd Street) be denied.

            BE IT FURTHER RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Diane Belschner (Applicant and Owner) for Planned District Development Plan Approval for the construction of a shed on property zoned “C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1 of Block 2, Skiview Addition to the City of Kearney, Buffalo County, Nebraska (115 East 52nd Street) be approved subject to compliance with the conditions that the shed be constructed in the location shown on the site plan provided that the shed’s street facing façade along Parklane Drive be enhanced with 35 percent upgraded masonry construction materials such as brick, stone or split-face block.

            PASSED AND APPROVED THE 11TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

DEVELOPMENT PLANS FOR 4107 7TH AVENUE

 

Mayor Clouse opened the public hearing on the Application submitted by Johnson Imperial Home Co. (Applicant and Owner) for Planned District Development Plan Approval for the construction of a medical facility on property zoned “District C-O/PD, Office/Planned Development Overlay District” and described as Lots 1 and 2, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (4107 7th Avenue) and to consider approval of Resolution No. 2007-186. Planning Commission recommended approval.

 

The applicant is requesting approval of Development Plans for a 6,160 square foot medical office building at the southeast corner of 7th Avenue and 42nd Street. This property is zoned C-0/PD. 

 

The proposed building will be constructed of an attractive mix of stone, sandstone, brick, and slate or tile. A gable on the west side of the building is extended out over the drop off lane for loading and unloading of patients in an environment protected from the weather. The building will have a 1,600 square foot basement with the remainder of the underground area as crawl space. Thirty one parking spaces are required and thirty eight are provided. Sixty-two percent of the site is impervious leaving 38% as open space. A complete Landscape Plan has been submitted. The site will drain into 7th Avenue to the existing storm drain and onto the detention cell behind K-Mart. Ninety-gallon trash containers will be rolled to the curb for refuse pick up.

 

This project will be a very attractive addition to the mixed use neighborhood.

 

Gregg Johnson from Johnson Imperial Home Co. presented this matter to the Council. This project is for a medial facility for Lind Eye Care to be located on the corner of 7th Avenue and 42nd Street.  It is a 6,200 square foot building. The exterior of the building will be a mixture of brick, stone and some exterior slate. They have exceeded requirements on parking in the plan.  They are continuing the wall behind the building that they worked on last to create the slope will step down on a north/south line to allow all the runoff water to drain out onto the street and will end up in their retention cell behind K-Mart. 

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Johnson Imperial Home Co. (Applicant and Owner) for Planned District Development Plan Approval for the construction of a medical facility on property zoned “District C-O/PD, Office/Planned Development Overlay District” and described as Lots 1 and 2, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (4107 7th Avenue) and approve Resolution No. 2007-186. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-186

 

            WHEREAS, Johnson Imperial Home Co. (Applicant and Owner) has applied for Planned District Development Plan Approval for the construction of a medical facility on property zoned “District C-O/PD, Office/Planned Development Overlay District” and described as Lots 1 and 2, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (4107 7th Avenue).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Johnson Imperial Home Co. (Applicant and Owner) for Planned District Development Plan Approval for the construction of a medical facility on property zoned “C-O/PD, Office/Planned Development Overlay District” and described as Lots 1 and 2, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (4107 7th Avenue) be approved.

            PASSED AND APPROVED THE 11TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

DEVELOPMENT PLANS; EAST SIDE OF 6TH AVENUE AT 47TH STREET PLACE

 

Mayor Clouse opened the public hearing on the Application submitted by Johnson Imperial Home Co. (Applicant and Owner) for Planned District Development Plan Approval for the construction of duplex condominiums on property zoned “District R-2/PD, Urban Residential Mixed Density/ Planned Development Overlay District” and described as Lots 5 through 16 inclusive of Block 3, Windsor Estates Seventh Addition to the City of Kearney, Buffalo County, Nebraska (east side of 6th Avenue at 47th Street Place) and to consider approval of Resolution No. 2007-187. Planning Commission recommended approval.

 

The applicant is requesting approval of Development Plans for eight duplex structures, containing a total of 16 living units located around a cul-de-sac known as 47th Street Place.  This property is zoned R-2/PD. 

 

The proposed buildings will be constructed across existing platted lot lines since the lots are in common ownership. The units will be owned under a condominium style regime with each tenant owning the footprint of the living unit and an undivided interest in the common space areas. Each living unit will be separately connected to municipal water and sanitary sewer. Adequate parking is provided. The buildings feature attractive architecture with gable roofs and a lot of brick on the façades. A complete landscape plan has been submitted. Stormwater sheet flows into the existing street and is routed through the storm drain system in an easement to the detention cell located behind K-Mart. 

 

Chris Wissing from Johnson Imperial Home Co. presented this matter to the Council. There is no dividing of lots like they had before. They are two story units similar to what they have done by the YMCA, but will be slightly larger and will have covered decks on the back. The whole perimeter of the property will have a wrought iron fence with brick pillars surrounding it.  There are no gates which would block entrance into the street.  It will be brick on the front and sides.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter  seconded by Clouse to close the hearing and approve the Application submitted by Johnson Imperial Home Co. (Applicant and Owner) for Planned District Development Plan Approval for the construction of duplex condominiums on property zoned “District R-2/PD, Urban Residential Mixed Density/ Planned Development Overlay District” and described as Lots 5 through 16 inclusive of Block 3, Windsor Estates Seventh Addition to the City of Kearney, Buffalo County, Nebraska (east side of 6th Avenue at 47th Street Place) and approve Resolution No. 2007-187. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-187

 

            WHEREAS, Johnson Imperial Home Co. (Applicant and Owner) has applied for Planned District Development Plan Approval for the construction of duplex condominiums on property zoned “District R-2/PD, Urban Residential Mixed Density/ Planned Development Overlay District” and described as Lots 5 through 16 inclusive of Block 3, Windsor Estates Seventh Addition to the City of Kearney, Buffalo County, Nebraska (east side of 6th Avenue at 47th Street Place).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Johnson Imperial Home Co. (Applicant and Owner) for Planned District Development Plan Approval for the construction of duplex condominiums on property zoned “R-2/PD, Urban Residential Mixed Density/Planned Development Overlay District” and described as Lots 5 through 16 inclusive of Block 3, Windsor Estates Seventh Addition to the City of Kearney, Buffalo County, Nebraska (east side of 6th Avenue at 47th Street Place) be approved.

            PASSED AND APPROVED THE 11TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

FINAL PLAT FOR RAMADA INN ADDITION; 301 2ND AVENUE

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Independence Motel Properties (Owner) for final plat approval for “Ramada Inn Addition” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Northwest Quarter of the Southwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (301 2nd Avenue) and to consider approval of Resolution No. 2007-188. Planning Commission recommended approval.

 

The Ramada Inn and Conference Center at 301 2nd Avenue is going to be renovating and remodeling its facilities in the near future. There has been some local press coverage of the planned revisions which include expansion of the conference/ convention area and a new restaurant. This property has never been formally subdivided and platted under the City’s subdivision requirements. The remodel permit triggers the platting requirement. A Preliminary Plat and Final Plat have been submitted. The Preliminary Plat was approved by Planning Commission on August 17, 2007. The plats depict a one-lot subdivision containing 7.57 acres. Almost all of the proposed improvements will be inside the building with the exception of parking. The owner plans to pave the existing gravel parking lot on the southwest corner of 4th Street and Central Avenue to provide additional parking for the facility. The new parking area shall meet the development standards required by the City Code including perimeter and interior landscaping. Pre-existing areas of the site are exempt from compliance with City Code standards since the remodel is interior to the building. The owner did state that money has been budgeted for enhanced landscaping and façade improvements as part of the overall upgrade package.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. This site was developed in the 1970’s prior to the current stringent subdivision regulations today. They were not required at that time to develop what is now known as a convention center into a platted property.  They want to do some enhancements and modifications to this site.  By today’s Code, they are required to do a plat.  As a result, the application before the Council is for a 1-lot subdivision for this property. The site is interesting from the standpoint that it does stretch from 2nd Avenue to Central Avenue.  The street on the north side of it is 4th Street and there is a little strip of graveled parking that will be developed into a concrete paved surface. That will be brought to City staff to make sure they meet all the requirements.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Kearney to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Independence Motel Properties (Owner) for final plat approval for “Ramada Inn Addition” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Northwest Quarter of the Southwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (301 2nd Avenue) and approve Resolution No. 2007-188. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-188

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “RAMADA INN ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land in the Northwest Quarter of the Southwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Beginning at a point on the east boundary of Nebraska Highway 10 right-of-way, this point being 241 feet east and 20 feet south of the northwest corner of said Northwest Quarter of the Southwest Quarter of Section 12; thence east 169 feet along the south boundary of 4th Street; thence south 100 feet; thence east 160 feet; thence north 100 feet; thence east 71.2 feet east along the south boundary of 4th Street; thence south 122.25 feet; thence east ·17.9 feet; thence south 107.4 feet; thence east 44.0 feet; thence south 35.1 feet; thence east 12.75 feet; thence south 42.0 feet; thence west 8.0 feet; thence south 336.0 feet to a 3/4 inch iron rod on the North Bank of the North Channel of the Platte River, thence westerly along said North River bank to a 3/4 inch iron pipe on said East Highway boundary; thence northerly along said East Highway boundary 647.7 feet to the place of beginning. TOGETHER WITH a tract of land being part of the Northwest Quarter of the Southwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the northwest corner of the Southwest Quarter of said Section 12 and assuming the north line of said Southwest Quarter as bearing east and all bearings contained herein are relative thereto; thence east on the north line of the Southwest Quarter of said Section a distance of 870.6 feet; thence S00°43'W a distance of 20.0 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the point of intersection of the south line of 4th Street and the west line of Central Avenue in the City of Kearney; thence continuing S00°43'W and on the west line of said Central Avenue a distance of 122.25 feet; thence west parallel with the north line of the Southwest Quarter of said Section a distance of 227.9 feet; thence north a distance of 122.25 feet to a point on the south line of 4th Street; thence east and on the aforesaid south line of 4th Street a distance of 229.25 feet to the place of beginning, all in Buffalo County, Nebraska, and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

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

            PASSED AND APPROVED THIS 11TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

AMEND LAND USE MAP SOUTH OF 78TH STREET AND EAST OF AVENUE N

 

Public Hearings 13, 14 and 15 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Clifford and Dorothy Fox (Owner) for an amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agricultural Preserve” to “Rural Residential” for property described as part of Government Lot 4 located in Section 18, Township 9 North, Range 15 West of 6th P.M., containing 1.30 acres, more or less, Buffalo County, Nebraska (south of 78th Street and east of Avenue N) and to consider approval of Resolution No. 2007-189. Planning Commission recommended approval.

 

The applicant is requesting approval to zone and plat a tract of land that is approximately 1.30 acres located on the east side of Avenue N, approximately 1,500 feet south of 78th Street in the City of Kearney Two-Mile Extraterritorial Jurisdiction. The site contains an existing house and a free standing garage. The property is currently zoned Agricultural. The applicant would like to subdivide the house and the garage onto a single lot separating it from the larger overall parcel.

 

This property sits in somewhat of a unique position in that it is a pre-existing rural single-family house that is served by well and septic, but the proposed lot size is not large enough to meet the minimum lot size requirements for rural residential zoning. To complicate matters further, the City has extended services through Eastbrooke to Avenue N approximately ½ mile south of this site. Therefore, someday this property will be served with municipal services, but it may be many years before this happens. The questions then become:

·         What should the proper zoning be for this situation, rural or urban?

·         Based on the use and the zoning, what is the best land use description to amend the Future Land Use Map?

 

The current land use designation for this property is “Agricultural Preserve.” Staff considered the options for amending this designation to “Rural Estates” or “Low Density Residential” which would correspond to rural and urban residential zoning respectively. Since the character of the area remains rural and it may be many years before city services are extended, staff decided “Rural Estates” is the best fit for the Land Use Map Amendment. Since the lot size is less than one acre, staff is recommending that the rezoning be amended from Agricultural to Urban Residential Single‑Family District even though typically R-1 zoning is served with City utilities.  In the future, the Land Use Map can be amended again to “Low Density Residential” as services are extended and the surrounding area grows and develops.

 

Planning Commission agreed with the Staff’s assessment.

 

The Preliminary Plat and Final Plat both consist of one lot that contains the existing house and free standing garage.  The Preliminary Plat was approved August 17, 2007. The total lot area is 1.30 acres, but 0.514 acres of this area is County Road right-of-way leaving 34,254 square feet or 0.786 acres of usable lot area. Seventeen feet of additional right-of-way is being dedicated with this platting on Avenue N for a total of 50 feet from the centerline. A Public Works Plan is not required since the property cannot be served with municipal utilities at this time. A Subdivision Agreement has been executed that will prevent the Owner from protesting any future improvement districts or future annexation. 

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. They are asking for a 1-lot subdivision created to develop one single-family residential lot around an existing house site that has been there since the beginning of the Buffalo Ridge Golf Course.  They recognized that this site cannot be served with City sewer and water services at this time.  There is an executed subdivision agreement that the applicants agree to connect to City services as they become available.  They are also dedicating some additional right-of-way for when the City grows north of 56th Street along the Avenue N corridor.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lammers to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Clifford and Dorothy Fox (Owner) for an amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agricultural Preserve” to “Rural Residential” for property described as part of Government Lot 4 located in Section 18, Township 9 North, Range 15 West of 6th P.M., containing 1.30 acres, more or less, Buffalo County, Nebraska (south of 78th Street and east of Avenue N) and approve Resolution No. 2007-189. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-189

 

            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 being part of Government Lot 4 located in Section 18, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the southwest corner of Government Lot 4 located in Section 18 and assuming the west line of Government Lot 4 and Government Lot 3 in said Section 18 as bearing N00°02'30"E and all bearings contained herein are relative thereto; thence N00°02'30"E and on the west line of said Government Lot 4 a distance of 980.0 feet to THE ACTUAL PLACE OF BEGINNING; thence continuing N00°02'30"E and on the west line of said Government Lot 4 a distance of 212.36 feet; thence leaving the west line of said Government Lot 4, S89°59'00"E a distance of 239.00 feet; thence S00°01'00"W a distance of 48.00 feet; thence N89°59'00"W a distance of 36.00 feet; thence S00°01'00"W a distance of 164.67 feet; thence N89°53'39"W a distance of 203.00 feet to the place of beginning, containing 1.30 acres, more or less, all in Buffalo County, Nebraska (south of 78th Street and east of Avenue N), from Agricultural Preserve” to “Rural Residential”, and

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

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

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Agricultural Preserve” to “Rural Residential” the use classification for the area described as a tract of land being part of Government Lot 4 located in Section 18, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the southwest corner of Government Lot 4 located in Section 18 and assuming the west line of Government Lot 4 and Government Lot 3 in said Section 18 as bearing N00°02'30"E and all bearings contained herein are relative thereto; thence N00°02'30"E and on the west line of said Government Lot 4 a distance of 980.0 feet to THE ACTUAL PLACE OF BEGINNING; thence continuing N00°02'30"E and on the west line of said Government Lot 4 a distance of 212.36 feet; thence leaving the west line of said Government Lot 4, S89°59'00"E a distance of 239.00 feet; thence S00°01'00"W a distance of 48.00 feet; thence N89°59'00"W a distance of 36.00 feet; thence S00°01'00"W a distance of 164.67 feet; thence N89°53'39"W a distance of 203.00 feet to the place of beginning, containing 1.30 acres, more or less, all in Buffalo County, Nebraska (south of 78th Street and east of Avenue N).

            PASSED AND APPROVED THIS 11TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

REZONING SOUTH OF 78TH STREET AND EAST OF AVENUE N

 

Public Hearings 13, 14 and 15 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Clifford and Dorothy Fox (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single Family District” property described as part of Government Lot 4 located in Section 18, Township 9 North, Range 15 West of 6th P.M., containing 1.30 acres, more or less, Buffalo County, Nebraska (south of 78th Street and east of Avenue N). Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Lear to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Clifford and Dorothy Fox (Owner) to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single Family District” property described as part of Government Lot 4 located in Section 18, Township 9 North, Range 15 West of 6th P.M., containing 1.30 acres, more or less, Buffalo County, Nebraska (south of 78th Street and east of Avenue N). Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

FINAL PLAT FOR BUFFALO RIDGE ESTATES; SOUTH OF 78TH STREET AND EAST OF AVENUE N

 

Public Hearings 13, 14 and 15 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Clifford and Dorothy Fox (Owner) for final plat and Subdivision Agreement approval for “Buffalo Ridge Estates” a subdivision of Buffalo County, Nebraska for property described as part of Government Lot 4 located in Section 18, Township 9 North, Range 15 West of 6th P.M., containing 1.30 acres, more or less, Buffalo County, Nebraska (south of 78th Street and east of Avenue N) and to consider approval of Resolution No. 2007-190. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Clifford and Dorothy Fox (Owner) for final plat and Subdivision Agreement approval for “Buffalo Ridge Estates” a subdivision of Buffalo County, Nebraska for property described as part of Government Lot 4 located in Section 18, Township 9 North, Range 15 West of 6th P.M., containing 1.30 acres, more or less, Buffalo County, Nebraska (south of 78th Street and east of Avenue N) and approve Resolution No. 2007-190. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-190

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “BUFFALO RIDGE ESTATES” a subdivision being that property described as a tract of land being part of Government Lot 4 located in Section 18, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the southwest corner of Government Lot 4 located in Section 18 and assuming the west line of Government Lot 4 and Government Lot 3 in said Section 18 as bearing N00°02'30"E and all bearings contained herein are relative thereto; thence N00°02'30"E and on the west line of said Government Lot 4 a distance of 980.0 feet to THE ACTUAL PLACE OF BEGINNING; thence continuing N00°02'30"E and on the west line of said Government Lot 4 a distance of 212.36 feet; thence leaving the west line of said Government Lot 4, S89°59'00"E a distance of 239.00 feet; thence S00°01'00"W a distance of 48.00 feet; thence N89°59'00"W a distance of 36.00 feet; thence S00°01'00"W a distance of 164.67 feet; thence N89°53'39"W a distance of 203.00 feet to the place of beginning, containing 1.30 acres, more or less, all in Buffalo County, Nebraska, and in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) be accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska.

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

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

            PASSED AND APPROVED THIS 11TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

FINAL PLAT FOR CAMELOT SEVENTH ADDITION; EAST OF 27TH AVENUE, SOUTH OF 35TH STREET, WEST OF 34TH STREET PLACE

 

Mayor Clouse opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Chadd and Dawn Murray and Ronald and Nancy Larsen (Owner) for final plat approval for “Camelot Seventh Addition” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lots 8, 9, 10 of Block 2, Camelot Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska (east of 27th Avenue, south of 35th Street, west of 34th Street Place) and to consider approval of Resolution No. 2007-191. Planning Commission recommended approval.

 

The applicant is requesting approval for a three-lot subdivision that includes an existing house on one lot and two more buildable lots with a shared access from 34th Street Place.  This property is located east of 27th Avenue, south of 35th Street at the west end of the 34th Street Place cul-de-sac.  The property is zoned Urban Residential Single-Family District.

 

The lots currently platted and known as Lots 8, 9, and 10, Block 2 of Camelot Second Addition must be vacated so that the property can be subdivided into three lots to be known as Camelot Seventh Addition.

 

The Preliminary Plat and Final Plat for Camelot Seventh Addition consist of three lots on about four acres. Lot 1 contains the existing home and garage that has access from both 25th Avenue Place and 34th Street Place.  Lots 2 and 3 are provided a shared private access to 34th Street Place through Road Lot A.  No Public Works Plan is required as all services are available to the site.  A sanitary sewer manhole can be located at the end of the cul-de-sac with private services extending through Road Lot A and to each of the two residences.  No Subdivision Agreement is required.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. The Camelot Second Addition was approved in the mid 1990’s.  They reserved one large lot at the end of 34th Street Place that is owned by Ron and Nancy Larsen. At one time, they had sights on building a house back there. Since that time, Lots 8 and 9 were acquired by the Murray’s.  Over time, things have transpired that they decided they want to do a little trading and splitting of lots.  The large Lot 10 will essentially be split in half with access to that lot via a road lot to be called Road Lot A.  All the utilities are available to this site with some extension of some private service lines to the property which is fairly common. The Larsen’s have planted trees around the site that will enhance any structures that are built on the west, Lots 2 and 3. 

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Clouse to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Chadd and Dawn Murray and Ronald and Nancy Larsen (Owner) for final plat approval for “Camelot Seventh Addition” an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lots 8, 9, 10 of Block 2, Camelot Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska (east of 27th Avenue, south of 35th Street, west of 34th Street Place) and approve Resolution No. 2007-191. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-191

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “CAMELOT SEVENTH ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as Lots 8, 9, 10 of Block 2, Camelot Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska, and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

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

            PASSED AND APPROVED THIS 11TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

2007-2008 CITY OF KEARNEY BUDGET

 

Public Hearings 17 and 18 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the City of Kearney Budget for the 2007-2008 Fiscal Year.

 

Director of Finance and Administration Wendell Wessels presented this matter to the Council. Pursuant to Section 13-506 of the Nebraska Revised Statutes, the City Council is required to conduct a public hearing on the City of Kearney proposed budget and the City of Kearney Offstreet Parking District No. 1 proposed budget for the 2007-2008 fiscal year.  The public hearing is a process where the City Council hears support, opposition, criticism, suggestions or observations of taxpayers relating to the proposed Budget Document.  The City Council should review the 2007-2008 Budget Document and bring it to the City Council public hearings.  After the Budget Document is reviewed and the public hearings are conducted, Ordinance No. 7372 should be passed and approved on the Regular Agenda.  Ordinance No. 7372 legally adopts the Budget Document and appropriates sums of money contained in the Budget Document for the necessary expenses and liabilities of the City of Kearney.

 

The 2007-2008 budget has been created on conservative financial principals that reflect staff commitment to maintaining necessary services, improving the quality of the operation of the City, and keeping expenditures and taxes as low as possible.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Kearney to close the hearing and adopt the City of Kearney Offstreet Parking District No. 1 Budget for the 2007-2008 Fiscal Year. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

OFF-STREET PARKING DISTRICT NO. 1 BUDGET FOR 2007-2008

 

Mayor Clouse opened the public hearing for the purpose of adopting the City of Kearney Offstreet Parking District No. 1 Budget for the 2007-2008 Fiscal Year.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Lammers to close the hearing and adopt the City of Kearney Offstreet Parking District No. 1 Budget for the 2007-2008 Fiscal Year. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

2007 PROPERTY TAX LEVY

 

Mayor Clouse opened the public hearing for the purpose of setting the 2007 City of Kearney property tax levy at a different amount than the preliminary property tax levy set for the City of Kearney by the Buffalo County Clerk and to consider approval of Resolution No. 2007-192.

 

Director of Finance and Administration Wendell Wessels presented this matter to the Council. Section 77-1601.02 of the Nebraska Revised Statutes requires political subdivisions of the State of Nebraska to conduct a Special Public Hearing to set the 2007 property tax request if the request is going to be different than the 2006 property tax request.  The same statutes include a provision stating that the property tax request for 2006 will be the property tax request for 2007 unless the political subdivision passes by a majority vote a resolution setting the property tax request at a different amount.

 

Proposed Resolution No. 2007-192 sets the property tax request for 2007.  The 2007-2008 City of Kearney Budget includes a property tax requirement of $1,850,604.56 for the General Fund, and a property tax requirement of $305,711.85 for the Public Safety Tax Anticipation Bond Fund.  The 2007 property tax requirements are different than the 2006 property tax requirements; therefore, a Special Public Hearing is required to set the 2007 property tax requirement.

 

There was no one present in opposition to this hearing.

 

Moved by Lammers seconded by Lear to close the hearing and approve setting the 2007 City of Kearney property tax levy at a different amount than the preliminary property tax levy set for the City of Kearney by the Buffalo County Clerk and approve Resolution No. 2007-192. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-192

 

            WHEREAS, Section 77-1601.02 of the Nebraska Revised Statutes authorizes the City Council to set the 2007 property tax request for the City of Kearney; and

            WHEREAS, the Mayor and City Council of the City of Kearney Nebraska hereby finds and determines that it is in the best interests of the City of Kearney that a 2007 property tax request be set for the City of Kearney.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska that, pursuant to the provisions of Section 77-1601.02 of the Nebraska Revised Statutes, an All-Purpose Tax Request of $1,850,604.56 is set for the fiscal year beginning the 1st day of October, 2007 and ending on the 30th day of September, 2008 for the purpose of equipping, maintaining and paying the departments of the City of Kearney.

BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska that, pursuant to the provisions of Section 77-1601.02 of the Nebraska Revised Statutes, a Special Tax Request of $305,711.85 is set for the fiscal year beginning the 1st day of October, 2007 and ending the 30th day of September 2008 for the purpose of paying off bonds authorized by Section 18-1202 of the Nebraska Revised Statutes.

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

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

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect October 1, 2007.

            PASSED AND APPROVED THIS 11TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

Moved by Lear seconded by Kearney that Item 4 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Mayor Clouse, Lear, Lammers, Kearney, Nay: None. Abstain: Buschkoetter. Motion carried.

 

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

 

Council member Buschkoetter stated he must abstain on this item because one of the projects being funded is a project that is being conducted through his wife’s business. 

 

Mayor Clouse stated they have had a request to reallocate some of these funds although it needs to go through committee.  The Game and Parks Commission had the Outdoor Expo last spring at the Kearney Event Center and utilized the Interstate Lake.  The Game and Parks requested that the City take ownership and full responsibility for that lake.  The City is going to decline that request because there is a lot of major clean up to be done and a lot of responsibility that comes with that lake.  After talking with the City Manager, the Mayor suggested that since we have some funds available that we could allocate some to help with the clean up around that lake. Tree clean up and mowing would make the full perimeter of that lake accessible and look a little more presentable. He requested that they change the numbers from the Firefighters Foundation to $15,000.00 to the Kearney Community Foundation to $24,000.00 and use $5,000.00 out of the unallocated to allocate fund $25,000.00 for the I-80 Lake improvement clean up to compliment the Expo. 

 

Council member Kearney stated in the past they have always let the committee decide what the allocation should be and that relieved the decision being left to the Council.  He was not in favor in changing what was recommended.  Director of Finance Wendell Wessels serves on that committee and stated the committee was not aware this funding was available. Mayor Clouse stated the City hopes to improve that communication with them in the future.

 

Council member Lammers asked what the criterion was for projects that are outside of the City limits to be considered for funds. Funds can be allocated for things that provide to the betterment of the community. It was noted that the lake is within City limits.  Mr. Wessels stated there are no restrictions for projects, but there could be self-imposed restrictions if that is what the City of Kearney wanted to do.  He pointed out that there are some people who come into town and play KENO who are not from Kearney.  Assistant to the City Manager Amber Brown stated that these funds could also being used for the Firefighters Museum which is outside City limits.  The Shooting Range is also outside the City limits, but has benefit to the Kearney Police Department for target practice. 

 

It was discussed to make the recommendation and send it back to the committee since there was ample time before it is done in the budget process.  City Manager stated if the Council was uncomfortable with making these recommendations at this time, the option would be to allocate the unallocated and deal with the policy questions next time and leave the committee recommendations alone. The Council agreed to give the unallocated funds for the I-80 Lake project. 

 

Moved by Lear seconded by Buschkoetter that Subsections 1 through 3 and 5 through 11 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held August 28, 2007.

 

2.         Approve the following Claims: 3CMA $595.00 smcs; Accessdata $4,702.00 smcs; Action Target $2,262.76 smcs; AFLAC $2,629.14 ps; Agri Coop $27,150.11 smcs; Alamar Uniforms $2,648.48 smcs,ps; Alltel $1,720.76 smcs; APWA $749.00 smcs; Amer Red Cross $166.97 smcs; Anderson Brothers $2,510.00 smcs; Associated Bag Co $436.13 smcs; B&B $60.00 smcs; Baker & Taylor Books $4,406.34 smcs; BBC Audiobooks $514.20 smcs; Bennett,T $1,230.75 smcs; Berke,N $100.00 smcs; Blessing $225,745.20 co; Bluecross Blueshield $34,551.73 smcs; Bob's Super Store $154.80 smcs; Bosselman $2,263.10 smcs; Bowman,R $8.43 smcs; Brilliance Audio $72.47 smcs; Brodine,S $245.21 smcs; Buffalo Co Court $387.70 ps; Builders Warehouse $155.12 smcs,co; Cambridge University $904.81 smcs; Capital Bank & Trust $192.30 ps; Cardinal Health $155.28 smcs; Central Comm College $283.00 smcs; Central Hydraulic $1,767.90 smcs; Chad $10.00 ps; Charter $54.99 smcs; CIT Group/Pima $701.41 smcs; City Glass $45.95 smcs; City of Ky $234,513.53 smcs,ps; CMI $95.71 smcs; Coca Cola $256.00 smcs; College Saving Plan of NE $75.00 ps; Complete Music $45.00 smcs; Concrete Workers $35,448.12 co; Conner,D $17.47 smcs; Conseco Life Ins $24.00 ps; Copycat Printing $86.14 smcs; Corey's Complete Detailing $20.00 smcs; Cottonmill Enterprises $330.00 smcs; Culligan $124.50 smcs; CVI Ky $1,208.55 smcs; Deets,D $38.87 smcs; Dept of the Treasury $23.01 ps; Deterdings $108.23 smcs; Development Council $500.00 smcs; DPC Industries $4,347.20 smcs; Dugan Business Forms $3,541.83 smcs; Eakes $1,376.00 smcs; Eirich,T $50.00 smcs; Elliott Equipment $845.42 smcs; Erosion Control Panels $1,000.00 smcs; Farmers Nat'l Company $800.00 smcs; Federal Signal $9,698.00 co; Fireguard $7,265.66 smcs,co; Fort Ky Shooting $6,500.00 smcs; Frontier Communications $231.65 smcs; Galls $1,999.46 smcs; Gangwish Turf $42.73 smcs; Gaylord Brothers $681.40 smcs; Gear for Sports $2,337.06 smcs; Geographic Technologies $5,000.00 co; GIS Workshop $3,015.00 smcs; Goodner,D $17.22 smcs; Goody Square $417.00 smcs; Grint,K $181.88 smcs; Grones Outdoor Power $2,609.10 co; H&H Distributing $988.15 smcs; Harris Infosource $108.10 smcs; Hastings Fire Dept $120.00 smcs; Hausmann Construction $193,020.88 co; Holiday $199.28 smcs; Hometown Leasing $552.54 smcs; Hydrologic $175.00 smcs; ICMA RC $2,610.92 ps; IRS $102,496.19 ps; Iteris $565.50 smcs; J.Gardner & Associates $310.00 smcs; Jack Lederman $501.51 smcs; James,D $169.23 smcs; Johnson,S $50.00 smcs; Kasseburg Canine Training $7,500.00 co; Ky Hub $583.10 smcs; Ky Humane Society $4,730.00 smcs; Ky United Way $558.00 ps; Ky Volunteer Fire $690.00 ps; Keystar Farms $9,700.00 co; Kirkham Michael $345.00 smcs; Konica Minolta $609.14 smcs; Kwiatkowski,A $40.00 smcs; Laughlin,K $180.00 ps; Law Enforcement Resource $215.00 smcs; League of NE Municipalities $2,621.00 smcs; Lentfer,S $25.00 smcs; Magic Cleaning $250.00 smcs; Mail Express $98.04 smcs; Maines Electric $365.50 smcs; Manary,M $165.83 smcs; Mason Motors $1,426.75 co; Mattley Advertising $295.00 smcs; McIntire,M $37.27 smcs; Menards $1,919.18 co; Metlife $5,436.61 ps; MH Equipment $4,028.56 co; Mid American Specialties $138.82 smcs; Midlands Contracting $73,963.62 co; Milco Environmental Service $1,456.37 smcs; Miller & Associates $60,453.17 smcs,co; Miracle Recreation $11,618.50 co; Mitchell 1 $1,499.00 smcs; Moonlight Embroidery $875.00 ps; Moss & Barnett $288.40 smcs; Municipal Emergency $510.00 smcs; Municipal Light & Power $600.00 smcs; Museum of NE Art $4,167.00 smcs; NASRO $30.00 smcs; Nat'l Arbor Day $25.00 smcs; Nat'l Tactical Officers $150.00 co; NE Child Support $2,298.50 ps; NE Dept Environmental $7,500.00 smcs; NE Dept of Revenue $29,179.82 ps; NE Golf Ass'n $768.00 smcs; NE Law Enforcement $200.00 smcs; NE Library Commission $1,975.00 smcs; NE Safety & Fire $82.00 smcs; NE Workforce Development $400.00 smcs; NEland Distributors $996.30 smcs; New World Systems $200.00 smcs; Northwestern Energy $2,296.97 smcs; NOVA Fitness Equipment $504.98 ps; O'Connor,S $172.50 smcs; Office Depot $325.70 smcs; Old West Guns $1,415.00 smcs; Overhead Door $413.80 smcs; Paramount Linen $19.50 smcs; Paulsen $26,475.79 co; Payflex Systems $471.75 ps; Penworthy Co $2,129.89 smcs; Physician's Desk Reference $258.80 smcs; Platte Valley Comm $5,838.09 smcs; Powerplan $8,529.02 smcs; Presto-X $78.00 smcs; Quill $57.52 smcs; Quintana,B $40.00 smcs; Rahe,V $23.09 smcs; Random House $372.90 smcs; Ray Allen Mfg $2,544.90 co; Reams $7,393.09 smcs; Recorded Books $5.95 smcs; Recreonics $201.80 smcs; Research Technology $209.95 smcs; Resource Management $19,382.09 smcs; Riverside Mfg $13.89 ps; Rodine,B $520.00 co; Run-N-Iron Customizing $101.00 smcs; Sapp Brothers Petroleum $27,117.10 smcs; Sargent Drilling $69,481.62 co; See Clear Cleaning $1,800.00 smcs; Sirchie $278.02 smcs; Snap-On Tools $43.85 smcs; Snyder & Hilliard $79.03 smcs; Solid Waste Agency $57,352.37 smcs; Sorkness,C $200.00 smcs; Southern Police Institute $2,300.00 smcs; Squad-Fitters $130.00 smcs; State of NE/Das Comm $19.25 smcs; State of NE/HHS Laboratory $2,889.00 smcs; Summit Heating $136.00 smcs; Sun Life Financial $21,996.93 smcs; Super Seer $573.03 smcs; Sweetwater $649.97 smcs; Sydow,J $50.00 smcs; Tactical Link $867.15 smcs; Thompson,D $122.50 smcs; Thompson,L $30.00 smcs; Thomson Gale $24.72 smcs; Tim Huerta's Upholstery $175.00 smcs; Treat American Food $399.10 smcs; Tye & Rademacher $10,578.23 smcs; Valvtect Petroleum $3,035.74 smcs; Video Service of America $2,642.79 smcs; Village Uniform $402.74 smcs; Vohland,L $42.76 smcs; We Care Tree Care $75.00 co; Wiederspan,R $146.53 smcs; Wilkins Hinrichs Stober $2,485.93 co; Williams,M $438.46 smcs; Winston Publishing $1,700.00 smcs; Zimmerman Printers $1,288.36 smcs; Zurich $1,271.00 smcs; Payroll Ending 9-1-2007 -- $284,331.95.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve Resolution No. 2007-193 allowing the City of Kearney to increase its “Budget Authority” by an additional one percent or $97,588.05 which will be carried over to the 2007-2008 budget as “Unused Budget Authority”.

 

RESOLUTION NO. 2007-193

 

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

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

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

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

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

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect October 1, 2007.

            PASSED AND APPROVED THIS 11TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

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

 

6.         Accept the public improvements constructed under, and in accordance with, the terms of the Developer Constructed Infrastructure Agreement for Lots 2 through 15 of Block 2, Lot 1 and Lots 18 through 34 of Block 3, Lots 1 through 7 of Block 4, and Lots 8 and 9 of Block 5, Marianne Hunt 2nd Addition and approve Resolution No. 2007-194.

 

RESOLUTION NO. 2007-194

 

            WHEREAS, on the 27th day of September, 2005, the President and Council of the City of Kearney, Nebraska passed and approved Resolution No. 2006-169 authorizing the President of the Council to execute the Developer Constructed Infrastructure Agreement between the City of Kearney and Brad Henning of Nebraska National Bank and James Hunt for the construction of water, sanitary sewer, storm sewer, and paving to serve Lots 2 through 15 of Block 2, Lot 1 and Lots 18 through 34 of Block 3, Lots 1 through 7 of Block 4, and Lots 8 and 9 of Block 5, Marianne Hunt 2nd Addition to the City of Kearney, Buffalo County, Nebraska; and

            WHEREAS, the Developers have constructed the public improvements in accordance with the requirements and standards set forth in Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney; and

            WHEREAS, in accordance with Section 9-1318 “Acceptance of Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney the Developer has, by and through its attorney, certified to the City that there are no liens or other encumbrances against the construction work; and

            WHEREAS, the City’s Engineers have determined that the work is in compliance with the design and is complete.

            NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the public improvements constructed under, and in accordance with, Article 13 “Developer Constructed Infrastructure” of Chapter 9 “Public Works” of the Code of the City of Kearney for Lots 2 through 15 of Block 2, Lot 1 and Lots 18 through 34 of Block 3, Lots 1 through 7 of Block 4, and Lots 8 and 9 of Block 5, Marianne Hunt 2nd Addition and that the said public improvements be and are hereby accepted.

            PASSED AND APPROVED THIS 11TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

7.         Approve Change Order No. 3 showing an increase in the amount of $4,269.40 submitted by Hausmann Construction and approved by Wilkins Hinrichs Stober Architects in connection with the Harmon Park Activity Center and approve Resolution No. 2007-195.

 

RESOLUTION NO. 2007-195

 

WHEREAS, Hausmann Construction has performed services in connection with the construction of the Harmon Park Activity Center, and the City's architect, Wilkins Hinrichs Stober Architects, have filed with the City Clerk Change Order No. 4 showing an increase in the amount of $4,269.40 as shown on Exhibit “A”, attached hereto and made a part hereof by reference:

 

Original Contract Sum	$1,644,000.00
Change Order No. 1 (1-23-2007)             Change Order No. 2 (1-23-2007)             Change Order No. 3 (7-10-2007)             Change Order No. 4 (9-11-2007)	+         300.00 +      5,577.50 -                1,147.59 +      4,269.40
Contract Sum To Date	$1,652,999.31

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

            PASSED AND APPROVED THIS 11TH DAY OF SEPTEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

8.         Approve the application for a Special Designated License submitted by DOUGLAS HOOS, dba "Tubs Pub" in connection with their Class CK-282 liquor license to dispense beer, wine and distilled spirits in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N on October 6, 2007 from 3:00 p.m. until 1:00 a.m. for a wedding reception and dance.

 

9.         Approve transferring Conditional Use Permit No. 2000-11 granting a permit to locate a daycare center at 1411 East 33rd Drive to Shaila Hisey.

 

10.        Approve the bids received for the Apollo Park Basketball Court Lighting Project and approve Resolution No. 2007-196 awarding the bid to Jon Schwartz Electric in the amount of $40,330.00.

 

RESOLUTION NO. 2007-196

 

            WHEREAS, Brungardt Engineering and the City of Kearney have reviewed the sealed bids which were opened on September 4, 2007 at 2:00 p.m. for the Apollo Park Basketball Court Lighting Project; and

WHEREAS, the said engineers have recommended the bid offered by Jon Schwartz Electric from Omaha, Nebraska 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 Jon Schwartz Electric from Omaha, Nebraska be and is the lowest responsible bidder for the Apollo Park Basketball Court Lighting Project to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Jon Schwartz Electric in the sum of $40,330.00 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 SEPTEMBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

CATHY M. VOGT                                                           PRESIDENT OF THE COUNCIL

ACTING CITY CLERK                                                     AND EX-OFFICIO MAYOR

 

11.        Approve the Plans and Specifications for the 2007 Part IV Improvements consisting of construction of public improvements within Avenue A between 11th Street and 13th Street, Avenue I between 14th Street and 15th Street and 14th Street between Avenue I and Avenue K and set the bid opening date for October 2, 2007 at 2:00 p.m.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7372 – ADOPT ANNUAL APPROPRIATION BILL (PERTAINS TO PUBLIC HEARING 17)

 

Council Member Kearney introduced Ordinance No. 7372, being Subsection 1 of Agenda Item V to adopt the City of Kearney Budget Statement to be termed the Annual Appropriation Bill and to appropriate sums for necessary expenses and liabilities, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Lammers seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7372 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lammers seconded by Lear that Ordinance No. 7372 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7372 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. 7373 – REPEAL ORDINANCE NO. 7293; APPROVE SALARY ORDINANCE

 

The proposed ordinance will repeal Ordinance No. 7293 (2006-2007 Annual Personnel Ordinance); classify the officers and employees of the City; fix the ranges of compensation of such officers and employees; establish the hours and work period for overtime eligibility; provide for payments of clothing and/or uniform allowances; provide for the payments of vehicle allowances; and provide for the payment of cell phone allowances.

 

Ordinance No. 7373 includes all the job classifications, pay grades and ranges of compensation that are included in the City of Kearney 2007-2008 Pay Policy.  Additionally, various employee benefits as discussed above have been included in the ordinance. Passage of the Personnel Ordinance is done on an annual basis in conjunction with the budget process.

 

Council Member Kearney introduced Ordinance No. 7373, being Subsection 2 of Agenda Item V to repeal Ordinance No. 7293 and classify the officers and employees of the City; fix the ranges of compensation of such officers and employees; establish the hours and work period for overtime eligibility; provide for payments of clothing and/or uniform allowances; provide for payment of vehicle allowance; and provide for payment of cell phone allowance, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Lammers seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7373 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lammers seconded by Lear that Ordinance No. 7373 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7373 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. 7374 – REZONE EAST OF AVENUE R, NORTH OF EASTBROOKE DRIVE, AND NORTH OF AVENUE S (PERTAINS TO PUBLIC HEARING 1)

 

Council Member Lear introduced Ordinance No. 7374, being Subsection 1 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single-Family District (Low Density) District” property described as a tract of land being part of the East Half of the Southwest Quarter of Section 19, Township 9 North, Range 15 West of the 6th P.M., containing 6.02 acres, more or less, Buffalo County, Nebraska (east of Avenue R, north of Eastbrooke Drive, and north of Avenue S), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, 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. 7374 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Clouse that Ordinance No. 7374 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7374 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. 7375 – AMEND CHAPTERS 20, 21 AND 22 OF CITY CODE (PERTAINS TO PUBLIC HEARING 4)

 

Council Member Clouse introduced Ordinance No. 7375, being Subsection 2 of Agenda Item VI to amend Section 20-102 “Site Development Regulations” of Chapter 20 “District R-2, Urban Residential Mixed-Density District of the Code of the City of Kearney to allow duplex lots to be established by Minor Subdivision along the common wall and to table until the September 25, 2007 the proposed amendments to Section 21-102 “Site Development Regulations” of Chapter 21, “District R-3, Urban Residential Multi-Family District (Medium Density)” of the Code of the City of Kearney and Section 22-102 “Site Development Regulations” of Chapter 22, “District R-4, Urban Residential Multi-Family District (High Density)” of the Code of the City of Kearney to allow staff to review and clarify the side setback and the dialogue in the footnotes about the common space and the minimum of 30 feet separation and bring that back to Council and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Lammers seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lammers, Buschkoetter, Lear. Nay: Kearney. 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. 7375 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lammers, Buschkoetter, Lear. Nay: Kearney. Motion carried. Ordinance was read by number.

 

Moved by Lammers seconded by Lear that Ordinance No. 7375 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers. Nay: Kearney. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7375 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. 7376 – REZONE SOUTH OF 56TH STREET, WEST OF 2ND AVENUE AND EAST OF 17TH AVENUE (PERTAINS TO PUBLIC HEARING 6)

 

Moved by Buschkoetter seconded by Clouse to table until September 25, 2007 Ordinance No. 7376 to rezone from “District AG, Agricultural District” to “District C-2, Community Commercial District” containing 8.74 acres, more or less AND to “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District” property described as part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of 6th P.M., containing 9.73 acres, more or less, Buffalo County, Nebraska (south of 56th Street, west of 2nd Avenue and east of 17th Avenue). Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None.

 

ORDINANCE NO. 7377 – REZONE SOUTH OF 78TH STREET AND EAST OF AVENUE N (PERTAINS TO PUBLIC HEARING 14)

 

Council Member Clouse introduced Ordinance No. 7377, being Subsection 4 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District R-1, Urban Residential Single Family District” property described as part of Government Lot 4 located in Section 18, Township 9 North, Range 15 West of 6th P.M., containing 1.30 acres, more or less, Buffalo County, Nebraska (south of 78th Street and east of Avenue N), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7377 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Lammers that Ordinance No. 7377 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7377 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. 7378 – VACATE PART OF CAMELOT SECOND ADDITION (PERTAINS TO PUBLIC HEARING 16)

 

Council Member Clouse introduced Ordinance No. 7378, being Subsection 5 of Agenda Item VI to vacate Lots 8, 9, 10 of Block 2, Camelot Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska (east of 27th Avenue, south of 35th Street, west of 34th Street Place), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7378 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Lammers that Ordinance No. 7378 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7378 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. 7379 – VACATE ALLEY BETWEEN CENTRAL AVENUE AND AVENUE A FROM 15TH STREET TO 16TH STREET

 

The applicant is requesting vacation of the 20-foot wide alley that is platted between 15th Street and 16th Street behind Turner’s Body Shop and across the land that he recently purchased with the intention of constructing an office building. A 20-foot wide easement will be retained for existing utilities. By statute, one half of the vacated alley reverts to the property owner(s) on one side and the other half of the alley reverts to the owner(s) on the other side. In this case, Turner’s own both sides of the alley abutting the four lots on the north and Shultz’s own both sides on the southerly lots. The utility companies have signed off on a release form to vacate the alley but retain it as an easement. There is currently City sanitary sewer and some overhead utilities located in the corridor.

 

Janice Schulz, 5009 Avenue N presented this matter to the Council.  They eventually would be building some office buildings in this area.  To make this a little better site it would nice to vacate that alley.  It will be an entrance off of 15th Street going into an office building complex (one on the left and one off to the right).  All utilities have signed off on this project. 

 

Council Member Lammers introduced Ordinance No. 7379, being Subsection 6 of Agenda Item VI to vacate the alley lying west of Lots 1452 through 1457, inclusive, and east of Lots 1446 through 1451, inclusive, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (between Central Avenue and Avenue A from 15th Street to 16th Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Lear seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, 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. 7379 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7379 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7379 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. 7380 – VACATE AVENUE N NORTH OF 22ND STREET, SOUTH OF THE UNION PACIFIC RAILROAD NORTH RIGHT-OF-WAY

 

The applicant is requesting approval to vacate the full width of the portion of Avenue N as it extends north of 22nd Street and dead-ends into Union Pacific Railroad right-of-way. This portion of the street has never been constructed and will never connect as a through street because of the railroad. The right-of way width is 66 feet or 33 feet each side from centerline.  The property on both sides of the road is zoned General Industrial District.  There are no utilities present.

 

In accordance with Nebraska statutes, one half of the road right-of-way will revert to the abutting property owners on each side.

 

Council Member Buschkoeter introduced Ordinance No. 7380, being Subsection 7 of Agenda Item VI to vacate Avenue N as platted and shown on the original plat of Whitaker’s Grove Addition to the City of Kearney, Buffalo County, Nebraska located west of Block 7, east of Block 8, north of the north line of 22nd Street and south of the Union Pacific Railroad Company’s right-of-way (Avenue N north of 22nd Street, south of the Union Pacific Railroad north right-of-way), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7380 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Kearney that Ordinance No. 7380 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7380 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. 7371 – ANNEXATION OF NRD PROPERTY

 

Mayor Clouse stated that Section 16-404 of the Nebraska Revised Statutes provides ordinances of a general or permanent nature shall be read by title on three different days unless three-fourths of the council members vote to suspend this requirement.  However, such requirement shall not be suspended for any ordinance for the annexation of territory.  Therefore, the title of Ordinance No. 7371 shall be read on three different days. The first reading took place on August 28, 2007, the second reading now, with the third reading taking place on September 25, 2007. 

 

Moved by Kearney seconded by Lammers that Ordinance No. 7371 to extend the boundaries and include with the corporate limits of, and to annex to the City of Kearney, Nebraska, a tract of land being part of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the southeast corner of the Northeast Quarter of said Section 24 and assuming the east line of said Northeast Quarter as bearing north and all bearings contained herein are relative thereto; thence north on the aforesaid east line a distance of 770.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing north on the aforedescribed course a distance of 232.16 feet; thence S89°59’W and parallel with the south line of the Northeast Quarter of said section a distance of 196.0 feet; thence N51°03’37”W a distance of 1864.08 feet to the point of curvature; thence on a 5754.58 foot radius curve to the left forming a central angle of 02°39’48” a distance of 267.5 feet; thence leaving said curve non-tangent S00°08’09”W parallel with and 785.0 feet easterly of the west line of said Northeast Quarter a distance of 1889.48 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 631.26 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 448.0 feet to a point on the south line of said Northeast Quarter; thence N89°59’E and on the aforesaid south line a distance of 150.0 feet; thence north parallel with the east line of said Northeast Quarter a distance of 530.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 731.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 240.0 feet; thence N89°59’E and parallel with the south line of said Northeast quarter a distance of 350.0 feet to the place of beginning.  Containing 46.921 acres, more or less, of which 0.176 acres, more or less, are presently being used for road purposes on the east side.  Subject to, however, a 60.0 foot strip of land which is to be reserved for future ingress-egress easement purposes with said 60.0 foot strip of land being more particularly described as follows:  Referring to the southeast corner of the Northeast Quarter of said Section 24; thence S89°59”W and on the south line of said Northeast Quarter a distance of 1081.0 feet to the ACTUAL PLACE OF BEGINNING; thence continuing S89°59’W and on the aforesaid south line a distance of 150.0 feet; thence north and parallel with the east line of said Northeast Quarter a distance of 60.0 feet; thence N89°59’E and parallel with the south line of said Northeast Quarter a distance of 150.0 feet; thence south and parallel with the east line of said Northeast Quarter a distance of 60.0 feet to the place of beginning, all located in Buffalo County, Nebraska be placed on second reading, and moved that the ordinance be read by title on three different days.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. City Clerk read Ordinance No. 7371 by number only.

 

OPEN ACCOUNT CLAIMS: PLATTE VALLEY STATE BANK - $42,574.09, NPPD - $82,378.19, STAN CLOUSE - $324.82

 

Moved by Lammers seconded by Buschkoetter that Open Account Claims in the amount of $42,574.09 payable to Platte Valley State Bank, in the amount of $82,378.19 payable to Nebraska Public Power District, and in the amount of $324.82 payable to Stan Clouse be allowed. Roll call resulted as follows: Aye: Lammers, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Lear seconded by Buschkoetter that Council adjourn at 9:15 p.m. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

                                                                                                STANLEY A. CLOUSE

                                                                                                PRESIDENT OF THE COUNCIL

                                                                                                AND EX-OFFICIO MAYOR

ATTEST:

CATHY M. VOGT

ACTING CITY CLERK