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Kearney, Nebraska

October 9, 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 October 9, 2007, in the Council Chambers at City Hall.  Present were: Stanley A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Bruce Lear, and Bob Lammers. Absent: None.  Wendell Wessels, Director of Finance and Administration and as Acting City Manager; Michael Tye, City Attorney; Amber Brown, Assistant to City Manager; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Lance Lang, Scott Hayden, Erika Moore, Craig Bennett, Steve Craig, Carol Craig, Laura Larsen, Mitch Humphrey, Nathan Garst, Jack Garrison, 11 UNK Students, Steve Altmaier from KGFW Radio.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Major Dale Hixenbaugh from the Salvation Army provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Two 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.

 

INTRODUCTION OF UNK DIRECTOR OF COMMUNITY RELATIONS

 

Mayor Clouse and Council Members recognized introduced Nathan Garst, UNK Director of Community Relations.

 

Nathan Garst stated that he is the student body representative for UNK.  He intends to continue the tradition that UNK and the City of Kearney have on positive relations in working together for the greater good of the community.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

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

 

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

 

Mayor Clouse stated Public Hearings 1, 2, 3, 4 were tabled September 11, 2007 and needed to be removed from the table.

 

Moved by Kearney seconded by Lammers to remove from the table Public Hearings 1, 2, 3 and 4. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

Mayor Clouse opened the public hearing on 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) and to consider approval of Resolution No. 2007-182.  Planning Commission voiced concerns about density of development proposed on this plan. Some of the Commissioners were opposed to the project as evidenced in the final vote. Staff recommended approval subject to: (1) Proof of a Homeowners Association filed with the Register of Deeds; (2) Execution of the Infrastructure Agreement and Subdivision Agreement; (3) Irrigation note added to the Landscape Plan; (4) No Royal Paulowonia trees on public streets; and (5) Stormwater Detention approved prior to building permits being issued.

 

The applicant is requesting approval of a mixed use subdivision for future commercial development and 68 units of townhouses as phase two of the Fountain Hills development.  This property is located south of 56th Street, west of 6th Avenue extended north and east of 11th Avenue extended north. The size of the project is 18.47 acres. This development project requires an amendment to the Future Land Use Map of the Comprehensive Development Plan, Rezoning, Final Platting, and Development Plans for the town home units. The townhouse development will be constructed first.  The commercial lots are reserved for future development. The Preliminary Plat for the overall 200 or so acres of Fountain Hills was previously approved by the Planning Commission.

 

The current Land Use Map designation is “Mixed Use 1” which is primarily a residential based mix of uses. The Developer is proposing two lots for future commercial development with 56th Street frontage. The commercial development requires the Land Use Map to be amended to “Mixed Use 2.” The town home element of this development proposal is also acceptable in Mixed Use 2.

 

The overall tract of land proposed for phase two is 18.47 acres and is currently zoned Agricultural. The proposed townhouse development comprises 9.73 acres to be rezoned to R‑3/PD, Urban Residential Multi-Family District (Medium Density). The two commercial lots comprise 7.49 acres to be rezoned to C-2, Community Commercial District.  Staff recommends that this C-2 development should be the west limit of C-2 zoning along 56th Street.  Any future commercial requests west of these lots will carry a staff recommendation of C-1 or C-0.

 

The proposed plat consists of 86 lots as follows:

·         Two commercial lots fronting on 56th Street. Lot 1 is 3.56 acres and Lot 2 is 3.93 acres.

·         68 townhouse lots on 12 blocks. Each block contains either five or six townhouse lots. The townhouse lots are approximately 22 feet wide and 115 feet deep.

·         Sixteen outlots labeled on the plat as Outlots A through P. These outlots contain the common parking areas and the common space between and around the buildings that are not part of the fee simple townhouse lots. A Homeowners Association will be responsible for maintenance of these areas.

 

A public street to be known as 55th Street separates the commercial development from the townhouse development. Some of the townhouse lots front on 55th Street but access to all the townhouse units will be from private streets.

 

A Public Works Plan has been submitted for this Development.

 

A Subdivision Agreement is attached that addresses the following issues:

·         Annexation – This development is currently located outside the City limits and is not contiguous so it cannot be annexed at this time. The agreement will state that the Developer agrees to be annexed in the future without protest.

·         Improvement Districts – This development will be served by municipal water and sanitary sewer from 56th Street south in 11th Avenue. The water, sanitary sewer, storm sewer and paving will be installed by the developer as shown on the approved Public Works Plan under a Developer Constructed Infrastructure Agreement. The Developer will dedicate a twenty-foot wide sewer and water easement to the City within the private roads serving the development. As previously mentioned, the Subdivision Agreement will require the development to be annexed in the future.

·         Off-Site Easements – The sanitary sewer and storm sewer on the west side of this development must extend onto or across adjacent property that is owned by the Developer but not part of this Final Plat. Therefore, the agreement will require the Developer to grant appropriate easements for these utilities at no cost to the City.

·         Trash Collection – Since the property is located outside the City limits the agreement will authorize the City to have access for trash collection.

 

Detailed Development Plans have been submitted for the townhouse development. In working with the developer, Staff has amended the zoning ordinance to accommodate fee simple lots for townhouse development. In order to meet these requirements the plans address the issues as follows:

 

a)           Since the townhouse development is served by private roads it must be a planned development district. The private streets are 25 feet wide.

 

b)           Each townhouse unit features two bedrooms upstairs and one bedroom in the basement. Therefore, each unit requires three off-street parking stalls. Each unit features a one-car garage and there is also common space parking. The total number of townhouse units is 68 which will require 204 parking spaces. The single garage space plus the space leading to the garage count for two stalls (136 of the 195 required). In addition, there are approximately 99 parking stalls in the common parking area between the rows of townhouses which account for the remaining 68 required stalls, leaving 31 stalls above the parking requirement for visitor parking.

 

c)           30 feet of separation is required between any two adjacent structures housing townhouse units based on the required 15-foot side yard setback. This requirement has been met.

 

d)           A complete Landscape Plan has been submitted. A twenty-foot landscaped bufferyard has been provided along the south property line where the development abuts R-1 zoning as required by Code. The sizes of plant materials are acceptable. The impervious coverage to open space ratio has been met. The common areas are planted to grass unless they are too narrow and then rock is being used.  An irrigation note shall be added to the plans. The Royal Paulowonia trees shall not be used as street trees along public streets.

 

e)           35 percent brick is shown on street facing facades as required by Code. This requirement does not apply to side and rear facades facing private streets.

 

f)             The lot line between townhouse living units will be on the common wall line. As such the construction of the common wall must meet all IRC and fire code requirements.

 

g)           A Homeowners Association (HOA) is required to maintain the common areas contained in Outlots A through O. Proof of said HOA shall be filed at the Register of Deeds Office with the Final Plat prior to occupancy of any living units.

 

h)           Stormwater detention is required.  No building permits will be issued until the design and computations for the stormwater system have been reviewed and approved by the City Engineer.

 

i)             Architectural building elevations are provided. Code requires that no two attached town homes share the same front setback -- in other words, they cannot be in a straight line with no projections or indentations. The proposed plans show covered front entries into the units that protrude four feet and upper story windows that protrude two feet.

 

j)             Each living unit will be separately connected to sanitary sewer and water main.

 

Last month the Planning Commission members voiced concerns about density of development proposed on this plan.  Some of the Commissioners were opposed to the project as evidenced in the final vote. The City Council echoed these concerns and decided to maintain the distance between the townhouse structures at 30 feet when the code amendment was approved at the last meeting. In accordance with this direction, the applicant has revised the plans maintaining 30 feet between structures and reducing the density by three units. There are now 68 units proposed as compared to 71 units in the original submission.

 

Craig Bennett from Miller & Associates presented this matter to the Council. Fountain Hills Second Subdivision is somewhat disconnected from the first subdivision. The preliminary plat that was brought before Council a year ago showed the entire area.  Adjoining this area to the west will be some large green open areas and a detention cell area.  This will connect to the theme and feel of the existing subdivision that is currently under construction.  The water and sewer are in place and the paving is close to being started. 

 

Their proposal is that the north part consist of two lots to be zoned C-2.  The southern portion is being proposed as a RP-3D zone. This area is not contiguous to the City limits. One of the main reasons they are building out there is City infrastructure.  Basically, this would be within the City’s two mile jurisdiction, but not currently adjacent to the City limits.

 

Along the north side of the area, there is a 16-inch water main that would be brought into this which would help in developing the remainder of this area. They would bring that proposed water through this phase of the subdivision. There is an existing City lift station that is on this property (by easement and noted in the plat as an easement).  At some time, the lift station could be removed should infrastructure grow far enough to the north. There is another lift station that is on the original plat which is often used by City staff. Their master plan for the 200 acres will remove this lift station. The reason they are starting on the north is because sanitary sewer exists there. They have exhausted all of their means they can serve downstream of this existing sanitary sewer infrastructure. 

 

There is a fiber optic line that goes through this parcel which has created something they need to develop around. Their plat has made provisions for maintaining that easement. Elevations for the R3-PD portion of the 5 and 6-plex units have been changed. The street facing sides will have the 35 percent brick façade, but there is a grade change in the roofline allowing for 3 units, a split and 3 more units.  Each unit will have a single car garage in the back with a stall driveway outside of it.  There will be a breezeway to go from the garage to the town home. According to the site plan, there will be some buildings that do not adjoin a public street, but they will adjoin a public road. The developer has chosen to also provide those sides abutting the public road with 35 percent brick coverage. 

 

This development concept is a planned district and due to a recent Code change it has been tabled because of this particular zoning.  The change in the Code necessitated a change from what they presented at Planning Commission to what is now being proposed.  The change from a 20-foot building spacing to a 30-foot building spacing is the main thing that affected their plan. This change necessitated decreasing the number of units from 71 to 68 units. 

 

There will two 6-plexes and one 5-plex with the front yards abutting the proposed 55th Street. There are going to be street trees lining the sides of these, green space between the buildings, single car garages with driveways and landscaping with rock between the garages. There will be an additional median along the interior portion of the private drive. The private drive will circulate on both side of the median in order to access the garage units in the back and to provide fire safety and additional circulation around all of the units. In the middle median, will be grass, green space and landscaping. There will be additional parking provided in this median area. The town homes will allow 3 bedrooms for each unit and would provide (by City Code) three parking stalls based on the number of bedrooms per unit. With the number of additional parking stalls they are proposing, they have provided 31 additional stalls which is above and beyond the minimum requirements of the Code. 

 

There will be some pedestrian access between the two 6-plexes on the west.  On the south is a high pressure gas line that will have shrubs and bushes and a retaining wall around it to mitigate having to do some excavation in those areas.  They will be bringing in public infrastructure because, as platted, each unit will have its own separate lot.  This is the purpose of the fee simple portion of the Code change.  The outlot areas are the portions in between. They have brought public infrastructure in through their subdivision for sanitary sewer and water which will loop throughout the subdivision for fire prevention, etc. 

 

There will be two lots on the north side of 55th Street which will be commercial.  These are proposed to be a good transition to the traffic along 56th Street.  There will be no access off of the commercial property onto 56th Street.  Their access must be off of 11th Avenue or 55th Street.   Area on the south of that is preliminary platted as R-1. 

 

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 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) and approve Resolution No. 2007-182. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-182

 

            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 the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northeast corner of the Northwest Quarter of said Section 26 and assuming the east line of said Northwest Quarter as bearing S00°20'54"E and all bearings contained herein are relative thereto; thence S00°20'54"E and on said east line a distance of 50.0 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the south right-of-way line of 56th Street, a street in the City of Kearney, Buffalo County, Nebraska; thence S00°20'54"E continuing on said east line a distance of 350.49 feet; thence S89°39'26"W parallel with the north line of said Northwest Quarter a distance of 815.0 feet to the point of curvature; thence on a 300.0 foot radius curve to the left, forming a central angle of 07°50'59" a distance of 41.1 feet to the point of tangency; thence tangent S81°48'27"W a distance of 200.61 feet; thence N08°11'33"W a distance of 184.83 feet to the point of curvature; thence on a 333.0 foot radius curve to the right, forming a central angle of 07°55'42" a distance of 46.08 feet to the point of tangency; thence tangent N00°15'51"W a distance of 151.67 feet to the south right-of-way line of said 56th Street; thence N89°39'26"E on said south right-of-way line and parallel with the north line of said Northwest Quarter a distance of 1082.82 feet to the place of beginning, containing 8.74 acres, more or less, all in Buffalo County, Nebraska AND a tract of land being 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 and more particularly described as follows: Referring to the northeast corner of the Northwest Quarter of said Section 26 and assuming the east line of said Northwest Quarter as bearing S00°20'54"E and all bearings contained herein are relative thereto; thence S00°20'54"E and on said east line a distance of 400.49 feet to the ACTUAL PLACE OF BEGINNING; thence S00°20'54"E continuing on said east line a distance of 414.71 feet; thence S89°39'26"W parallel the north line of said Northwest Quarter a distance of 1001.73 feet; thence N08°11'33"W a distance of 388.14 feet; thence N81°48'27"E a distance of 200.61 feet to the point of curvature; thence on a 300.0 foot radius curve to the right, forming a central angle of 07°50'59" a distance of 41.1 feet to the point of tangency; thence tangent N89°39'26"E a distance of 815.0 feet to the place of beginning, containing 9.73 acres, more or less, all in Buffalo County, Nebraska (south of 56th Street, west of 2nd Avenue and east of 17th Avenue), from “Mixed Use 1” to “Mixed Use 2”, 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 “Mixed Use 1” to “Mixed Use 2” the use classification for the area described as a tract of land being 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 and more particularly described as follows: Referring to the northeast corner of the Northwest Quarter of said Section 26 and assuming the east line of said Northwest Quarter as bearing S00°20'54"E and all bearings contained herein are relative thereto; thence S00°20'54"E and on said east line a distance of 50.0 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the south right-of-way line of 56th Street, a street in the City of Kearney, Buffalo County, Nebraska; thence S00°20'54"E continuing on said east line a distance of 350.49 feet; thence S89°39'26"W parallel with the north line of said Northwest Quarter a distance of 815.0 feet to the point of curvature; thence on a 300.0 foot radius curve to the left, forming a central angle of 07°50'59" a distance of 41.1 feet to the point of tangency; thence tangent S81°48'27"W a distance of 200.61 feet; thence N08°11'33"W a distance of 184.83 feet to the point of curvature; thence on a 333.0 foot radius curve to the right, forming a central angle of 07°55'42" a distance of 46.08 feet to the point of tangency; thence tangent N00°15'51"W a distance of 151.67 feet to the south right-of-way line of said 56th Street; thence N89°39'26"E on said south right-of-way line and parallel with the north line of said Northwest Quarter a distance of 1082.82 feet to the place of beginning, containing 8.74 acres, more or less, all in Buffalo County, Nebraska AND a tract of land being 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 and more particularly described as follows: Referring to the northeast corner of the Northwest Quarter of said Section 26 and assuming the east line of said Northwest Quarter as bearing S00°20'54"E and all bearings contained herein are relative thereto; thence S00°20'54"E and on said east line a distance of 400.49 feet to the ACTUAL PLACE OF BEGINNING; thence S00°20'54"E continuing on said east line a distance of 414.71 feet; thence S89°39'26"W parallel the north line of said Northwest Quarter a distance of 1001.73 feet; thence N08°11'33"W a distance of 388.14 feet; thence N81°48'27"E a distance of 200.61 feet to the point of curvature; thence on a 300.0 foot radius curve to the right, forming a central angle of 07°50'59" a distance of 41.1 feet to the point of tangency; thence tangent N89°39'26"E a distance of 815.0 feet to the place of beginning, containing 9.73 acres, more or less, all in Buffalo County, Nebraska (south of 56th Street, west of 2nd Avenue and east of 17th Avenue) (south of 56th Street, west of 2nd Avenue and east of 17th Avenue).

            PASSED AND APPROVED THIS 9TH DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

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

 

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

 

Mayor Clouse opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for 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).

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates (Applicant) for 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, Buschkoetter, Lear, Lammers. Nay: Kearney. Motion carried.

 

FINAL PLAT FOR FOUNTAIN HILLS SECOND ADDITION

 

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

 

Mayor Clouse opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Grand West, LLC (Owner) for the Final Plat and Subdivision Agreement 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) and to consider approval of Resolution No. 2007-183.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Clouse to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Grand West, LLC (Owner) for the Final Plat and Subdivision Agreement 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) and approve Resolution No. 2007-183. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers. Nay: Kearney. Motion carried.

 

RESOLUTION NO. 2007-183

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “FOUNTAIN HILLS SECOND ADDITION” of Buffalo County, Nebraska for a tract of land being 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 and more particularly described as follows: Referring to the northeast corner of the Northwest Quarter of said Section 26 and assuming the east line of said Northwest Quarter as bearing S00°20'54"E and all bearings contained herein are relative thereto; thence S00°20'54"E and on said east line a distance of 50.0 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the south right-of-way line of 56th Street, a street in the City of Kearney, Buffalo County, Nebraska; thence S00°20'54"E continuing on said east line a distance of 765.2 feet; thence S89°39'26"W parallel with the north line of said Northwest Quarter a distance of 1001.73 feet; thence N08°11'33"W a distance of 572.97 feet to the point of curvature; thence on a 333.0 foot radius curve to the right, forming a central angle of 07°55'42" a distance of 46.08 feet to the point of tangency; thence tangent N00°15'51"W a distance of 151.67 feet to the south right-of-way line of said 56th Street; thence N89°39'26"E on said south right-of-way line and parallel with the north line of said Northwest Quarter a distance of 1082.82 feet to the place of beginning, containing 18.47 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 9TH DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

DEVELOPMENT PLAN APPROVAL SOUTH OF 56TH STREET, WEST OF 2ND AVENUE AND EAST OF 17TH AVENUE

 

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

 

Mayor Clouse opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for 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) and to consider approval of Resolution No. 2007-184.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lammers to close the hearing and approve 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) and approve Resolution No. 2007-184 subject to compliance with the following conditions: (1) Proof of a Homeowners Association filed with the Register of Deeds shall be filed with the City; (2) Irrigation note shall be added to the Landscape Plan; (3) No Royal Paulowonia trees shall be planted on public streets; (4) Stormwater detention is required and no building permits shall be issued until the design and computations for the stormwater system have been reviewed and approved by the City engineer; (5) Each living unit shall separately be connected to sanitary sewer and water main; and (6) The development will be served by municipal water and sanitary sewer from 56th Street south in 11th Avenue. The water, sanitary sewer, storm sewer and paving shall be installed by the developer as shown on the approved Public Works Plan under a Developer Constructed Infrastructure Agreement. The developer shall dedicate a 20-foot wide sewer and water easement to the City within the private roads serving the development. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Buschkoetter. Nay: Kearney. Motion carried.

 

RESOLUTION NO. 2007-184

 

            WHEREAS, Craig Bennett from Miller & Associates (Applicant) for Grand West, LLC (Owner) have applied for Planned District Development Plan Approval for the construction of residential townhouses on property zoned “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District” and described as Lot 1 of Block 2, Fountain Hills Second Addition to the City of Kearney, Buffalo County, Nebraska (south of 55th Street and east of 11th Avenue).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of 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 zoned “R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District” and described as Lot 1 of Block 2, Fountain Hills Second Addition to the City of Kearney, Buffalo County, Nebraska (south of 55th Street and east of 11th Avenue) be approved subject to compliance with the following conditions:

      (1)     Proof of a Homeowners Association filed with the Register of Deeds shall be filed with the City;

      (2)     Irrigation note shall be added to the Landscape Plan;

      (3)     No Royal Paulowonia trees shall be planted on public streets;

      (4)     Stormwater detention is required and no building permits shall be issued until the design and computations for the stormwater system have been reviewed and approved by the City engineer;

      (5)     Each living unit shall separately be connected to sanitary sewer and water main; and

      (6)     The development will be served by municipal water and sanitary sewer from 56th Street south in 11th Avenue. The water, sanitary sewer, storm sewer and paving shall be installed by the developer as shown on the approved Public Works Plan under a Developer Constructed Infrastructure Agreement. The developer shall dedicate a 20-foot wide sewer and water easement to the City within the private roads serving the development.

            PASSED AND APPROVED THE 9TH DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

FINAL PLAT FOR PARK VIEW ESTATES FOURTH ADDITION

 

Public Hearings 5 and 6 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Kelly J. Rapp and Laureen Striker-Rapp (Owner) for the Final Plat for “Park View Estates Fourth” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter, part of Government Lot 2, Part of the Northwest Quarter of the Northeast Quarter and part of Government Lot 3, and all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., containing 8.54 acres, more or less, Buffalo County, Nebraska (east of 11th Avenue, west of 9th Avenue and south of 11th Street) and to consider approval of Resolution No. 2007-211. Planning Commission recommended approval.

 

The applicant is requesting approval to plat a tract of land that is approximately 8.54 acres located south of 11th Street, west of 9th Avenue and east of 11th Avenue. The proposed use is a continuation of the next phase of the Park View development, a residential subdivision containing single-family lots. This property is zoned R-1, Urban Residential Single-Family District.

 

The Preliminary Plat including this area was approved by Planning Commission on May 17, 2002 and contains 72 lots and includes land to the north and west of the area of final platting.  The Final Plat, to be known as Park View Fourth consists of 8.54 acres with 21 R‑1 lots. A Public Works Plan was previously submitted for the overall area. After reviewing the subdivision plat staff offers the following comments:

 

a)       A Subdivision Agreement is not required.

 

b)       The detention cell for this development has been reserved in an easement extending to the south as shown on the Final Plat.

 

c)       A portion of 8th Avenue is shown extending to the east across the drainage and ingress-egress easement to the east property line. Some type of culvert will be required under the street to convey the drainage to the south and into the detention cell area.

 

d)       The existing gravel drive contained in the ingress-egress easement along the east property line shall be retained for private use by the developer. A curb cut and gate may be place at the end of 8th Avenue to allow restricted access between the private gravel driveway and the public street.

 

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

 

Craig Bennett from Miller & Associates presented this matter to the Council. This is the last phase of what was preliminary platted as Park View Estates.  The majority of the current zoning is R-1. There is a portion that is zoned R-2. Paving is in place on the first three subdivisions. The first two subdivisions are full and there is construction on the third. This phase will extend the fourth of a four-phase subdivision.  At the present time, it is undeveloped to the east, but this area has been preliminary platted. When the other area was preliminary platted, it lined up with what they had recorded for their preliminary plat for streets and alignments. As the site is developed, the ditch will be replaced with storm water pipe as in the previous additions and brought to a detention cell that was built during the first phase.

 

Mr. Rapp purchased two strips that were separated by a section line for the purpose of ingress/egress. Mr. Rapp’s residence is to the south where he has fields that he farms and maintains. He currently uses this long strip area as a gravel driveway. When this plat was originally laid out, it showed a cul-de-sac with six lots around it. They are now proposing a straight right-of-way allowing for some better circulation for future development. At the present time, he still wishes to farm the area to the south between the subdivision and his house. There is another similar street on the site. Those are the only changes to traffic circulation that was previously shown on the preliminary plat.

 

There are two proposed outlots, one north of 8th Street through to 11th Street and one south of 8th Street.  This subdivision would have 21 R-1 residential lots and two outlots. Located within the easement is a storm water drain easement that the apartment complex uses to the north.  They went through the process of relocating that easement to its present location and have filed it with the Courthouse. 

 

The other outlot will remain so that Mr. Rapp can continue to move farm equipment through this area out to 11th Street.  To hinder people from using it as a circulation mechanism or a means to travel back to 11th Street, they have proposed to use gates at two locations.  To access his house, he would go down 11th Avenue, come around 8th Street and access his driveway to the south.  Eventually, that street extension and driveway will be gone.  The only time he will use this gravel driveway between 8th Street and 11th Street would be to move his large farm equipment back and forth. 

 

In answer to the question about flooding and ground water in this area of 11th Street, Mr. Bennett stated that Mr. Rapp placed monitoring wells adjacent to the tail race of his property prior to platting this site. Mr. Rapp has continued to do groundwater monitoring samples. He also has historic data which has been a great design tool (even in the first phase) of choosing elevations. If a homeowner were to choose to build at a lower elevation than that, there could be some issues of groundwater management.  They did see an increase in the amount of groundwater as well as drainage water recently with heavy rains.  Mr. Bennett believed that if we had monitoring wells in other areas at that time, there would have been similar issues.  He did agree there have been some groundwater influences from the tail race canal which Mr. Rapp has been able to monitor and pick some peak elevations.  The detention cell and the pond on Mr. Rapp’s property ultimately dump into the north channel of the Platte River. 

 

Mr. Bennett did not see the development of this last phase to have any negative influences on the properties to the west.  Mr. Rapp (for agricultural purposes) has dug a ditch to deter flooding from his irrigation water runoff.   As they have done in the last two additions, they have added some storm water management systems on the backsides of the lots (in between lots and not in the street). 

 

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 Craig Bennett from Miller & Associates (Applicant) for Kelly J. Rapp and Laureen Striker-Rapp (Owner) for the Final Plat for “Park View Estates Fourth” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter, part of Government Lot 2, Part of the Northwest Quarter of the Northeast Quarter and part of Government Lot 3, and all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., containing 8.54 acres, more or less, Buffalo County, Nebraska (east of 11th Avenue, west of 9th Avenue and south of 11th Street) and approve Resolution No. 2007-211. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-211

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “PARK VIEW ESTATES FOURTH” an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being part of the Northeast Quarter of the Northwest Quarter, part of Government Lot 2, part of the Northwest Quarter of the Northeast Quarter and part of Government Lot 3 and all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the northeast corner of the Northwest Quarter of said Section 11 and assuming the east line of said Northeast Quarter of the Northwest Quarter as being S00°00'15"E and all bearings contained herein are relative thereto; thence S00°00'15"E and on the east line of said Northwest Quarter a distance of 20.0 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being an the south line of 11th Street, a street in the City of Kearney, Buffalo County, Nebraska and the northwest corner of Lot 1, Block 2, Hammer-McCarty Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence S00°00'15"E on the east line of said Northeast Quarter of the Northwest Quarter of said Section 11 and the west line of said Hammer-McCarty Addition a distance of 396.76 feet; thence N89°02'38"E continuing on the west line of said Hammer-McCarty Addition a distance of 16.7 feet; thence S00°52'06"E continuing on the west line of said Hammer-McCarty Addition and the west line of Jean Michel of Chateau Marteau, an addition to the City of Kearney, Buffalo County, Nebraska (if extended southerly) a distance of 897.46 feet to the north line of said Government Lot 3; thence S01°01'56"E a distance of 150.68 feet to the south line of Park View Estates Third, an addition to the City of Kearney, Buffalo County, Nebraska (if extended easterly) thence N89°44'36”W on the south line of said Park View Estates Third (if extended easterly) and parallel with the south line of Rapp Addition, an addition to the City of Kearney, Buffalo County, Nebraska, a distance of 401.57 feet to the southeast corner of Lot 3, Block 3 in said Park View Estates Third; thence N00°00'15"W and an the east line of said Block 3 (if extended northerly) a distance of 346.3 feet to a point on the north line of 8th Street, a street In the City of Kearney, Buffalo County, Nebraska; thence N89°44'36"W on the north line of said 8th Street and parallel with the south line of said Rapp Addition a distance of 37.5 feet to the southeast corner of Lot 2, Block 2 in said Park View Estates Third; thence N00°00'15"W on the east line of Block 2 and Block 1 in said Park View Estates Third a distance of 493.7 feet to the northeast corner of Lot 1, Block 1 in said Park View Estates Third, said point also being on the south line of said Rapp Addition; thence S89°44'36"E and on the south line of said Rapp Addition a distance of 375.68 feet to the southeast corner of Lot 1, Block 1 in said Rapp Addition; thence N00°00'15"W and on the east line of Lot 1, Block 1 in said Rapp Addition a distance of 604.0 feet to the northeast corner of Lot 1, Block 1 in said Rapp Addition, said point also being on the south line of said 11th Street: thence S89°44'36"E on the south line of said 11th Street a distance of 30.0 feet to the place of beginning, containing 8.54 acres, more of 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 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 9TH DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

ANNEXATION OF PARK VIEW ESTATES FOURTH ADDITION

 

Public Hearings 5 and 6 were discussed together but voted on separately.

 

Mayor Clouse opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Kelly J. Rapp and Laureen Striker-Rapp (Owner) for the annexation of “Park View Estates Fourth” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter, part of Government Lot 2, Part of the Northwest Quarter of the Northeast Quarter and part of Government Lot 3, and all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., containing 8.54 acres, more or less, Buffalo County, Nebraska (east of 11th Avenue, west of 9th Avenue and south of 11th Street) and to consider approval of Resolution No. 2007-212.

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates (Applicant) for Kelly J. Rapp and Laureen Striker-Rapp (Owner) for the annexation of “Park View Estates Fourth” an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter, part of Government Lot 2, Part of the Northwest Quarter of the Northeast Quarter and part of Government Lot 3, and all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., containing 8.54 acres, more or less, Buffalo County, Nebraska (east of 11th Avenue, west of 9th Avenue and south of 11th Street) and approve Resolution No. 2007-212. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-212

 

            WHEREAS, an Application has been submitted by Craig Bennett from Miller & Associates (Applicant) for Kelly J. Rapp and Laureen Striker-Rapp (Owner) for the inclusion of “PARK VIEW ESTATES FOURTH” an addition within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter, part of Government Lot 2, part of the Northwest Quarter of the Northeast Quarter and part of Government Lot 3 and all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the northeast corner of the Northwest Quarter of said Section 11 and assuming the east line of said Northeast Quarter of the Northwest Quarter as being S00°00'15"E and all bearings contained herein are relative thereto; thence S00°00'15"E and on the east line of said Northwest Quarter a distance of 20.0 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being an the south line of 11th Street, a street in the City of Kearney, Buffalo County, Nebraska and the northwest corner of Lot 1, Block 2, Hammer-McCarty Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence S00°00'15"E on the east line of said Northeast Quarter of the Northwest Quarter of said Section 11 and the west line of said Hammer-McCarty Addition a distance of 396.76 feet; thence N89°02'38"E continuing on the west line of said Hammer-McCarty Addition a distance of 16.7 feet; thence S00°52'06"E continuing on the west line of said Hammer-McCarty Addition and the west line of Jean Michel of Chateau Marteau, an addition to the City of Kearney, Buffalo County, Nebraska (if extended southerly) a distance of 897.46 feet to the north line of said Government Lot 3; thence S01°01'56"E a distance of 150.68 feet to the south line of Park View Estates Third, an addition to the City of Kearney, Buffalo County, Nebraska (if extended easterly) thence N89°44'36”W on the south line of said Park View Estates Third (if extended easterly) and parallel with the south line of Rapp Addition, an addition to the City of Kearney, Buffalo County, Nebraska, a distance of 401.57 feet to the southeast corner of Lot 3, Block 3 in said Park View Estates Third; thence N00°00'15"W and an the east line of said Block 3 (if extended northerly) a distance of 346.3 feet to a point on the north line of 8th Street, a street In the City of Kearney, Buffalo County, Nebraska; thence N89°44'36"W on the north line of said 8th Street and parallel with the south line of said Rapp Addition a distance of 37.5 feet to the southeast corner of Lot 2, Block 2 in said Park View Estates Third; thence N00°00'15"W on the east line of Block 2 and Block 1 in said Park View Estates Third a distance of 493.7 feet to the northeast corner of Lot 1, Block 1 in said Park View Estates Third, said point also being on the south line of said Rapp Addition; thence S89°44'36"E and on the south line of said Rapp Addition a distance of 375.68 feet to the southeast corner of Lot 1, Block 1 in said Rapp Addition; thence N00°00'15"W and on the east line of Lot 1, Block 1 in said Rapp Addition a distance of 604.0 feet to the northeast corner of Lot 1, Block 1 in said Rapp Addition, said point also being on the south line of said 11th Street: thence S89°44'36"E on the south line of said 11th Street a distance of 30.0 feet to the place of beginning, containing 8.54 acres, more of less, all in Buffalo County, Nebraska; and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on September 21, 2007 on the inclusion of “PARK VIEW ESTATES FOURTH” 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 “PARK VIEW ESTATES FOURTH” 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 October 9, 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 “PARK VIEW ESTATES FOURTH” 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 “PARK VIEW ESTATES FOURTH” 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 9TH DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

REZONING AT 5165 LONG ISLAND ROAD

 

Public Hearings 7 and 8 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 Virginia Evans (Owner) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards) District” property described as a tract of land being part of the East Half of the Southwest Quarter of the Southeast Quarter of Section 8, Township 8 North, Range 16 West of the 6th P.M., containing 0.17 acres, more or less, Buffalo County, Nebraska (5165 Long Island Road). Planning Commission recommended approval.

 

The applicant is requesting approval to zone and plat a twelve foot wide strip of land as it abuts the east side of the original Sorensen Subdivision at 5165 Long Island Road. The 12-foot strip contains approximately 0.17 acres while the existing lot contains 2.04 acres. Therefore, the two parcels when combined will total 2.21 acres. This project requires vacation, rezoning and platting.   

 

The tract of land now known as Robert W. Sorensen Subdivision must be vacated so that the twelve foot strip can be added on the east side and the aggregate replatted into a new subdivision to be known as Robert W. Sorensen Second Subdivision.

 

The existing subdivision lot is zoned RR-1, Rural Residential District (Rural Standards), while the 12-foot strip has never been rezoned from Agricultural. The 12-foot strip must be rezoned to RR-1 so that it can be included into the existing RR-1 property.

 

The Preliminary Plat and Final plat both consist of one lot that contains the existing house and outbuildings. The total lot area is 2.21 acres. The Preliminary Plat was approved by the Planning Commission on September 21, 2007. A Public Works Plan is not required since the property cannot be served with municipal utilities. A Subdivision Agreement is also not required since it is highly unlikely that urban services will ever be extended to this remote location.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. They are requesting to rezone a 12-foot wide strip of land that Mrs. Evans owns that will hopefully be rezoned from Agricultural to RR-1. That strip of property will then be added to the Sorensen tract to create a one-lot subdivision.  Passage of Ordinance No. 7391 would vacate the one lot subdivision which is known as the R. W. Sorensen Subdivision.  The resulting subdivision would be a combination of the original two acre plus lot combined with the 0.17 of an acre which would be known as Robert W. Sorensen Second Subdivision. The site is on the fringe of the City’s two mile extraterritorial jurisdiction so it cannot easily be served with utilities.  It will be served by the existing well and septic system.  The purpose of the request is to add more space to the east side of the house side of the building site. 

 

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 Virginia Evans (Owner) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards) District” property described as a tract of land being part of the East Half of the Southwest Quarter of the Southeast Quarter of Section 8, Township 8 North, Range 16 West of the 6th P.M., containing 0.17 acres, more or less, Buffalo County, Nebraska (5165 Long Island Road). Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

FINAL PLAT FOR ROBERT W. SORENSEN SECOND SUBDIVISION

 

Public Hearings 7 and 8 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 Virginia Evans and Timothy and Constance Sorensen (Owner) for the Final Plat for “Robert W. Sorensen Second Subdivision”, a subdivision in Buffalo County, Nebraska for property described as Lot 1, Robert W. Sorensen Subdivision, a subdivision being part of the West Half of the Southwest Quarter of the Southeast Quarter of Section 8 AND a tract of land being part of the East Half of the Southwest Quarter of the Southeast Quarter of Section 8, all in Township 8 North, Range 16 West of the 6th P.M., containing 2.21 acres, more or less, Buffalo County, Nebraska (5165 Long Island Road) and to consider approval of Resolution No. 2007-213.

 

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 Virginia Evans and Timothy and Constance Sorensen (Owner) for the Final Plat for “Robert W. Sorensen Second Subdivision”, a subdivision in Buffalo County, Nebraska for property described as Lot 1, Robert W. Sorensen Subdivision, a subdivision being part of the West Half of the Southwest Quarter of the Southeast Quarter of Section 8 AND a tract of land being part of the East Half of the Southwest Quarter of the Southeast Quarter of Section 8, all in Township 8 North, Range 16 West of the 6th P.M., containing 2.21 acres, more or less, Buffalo County, Nebraska (5165 Long Island Road) and approve Resolution No. 2007-213. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-213

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “ROBERT W. SORENSEN SECOND SUBDIVISION” of Buffalo County, Nebraska for a tract of land Lot 1, Robert W Sorensen Subdivision, a subdivision being part of the West Half of the Southwest Quarter of the Southeast Quarter of Section 8, Township 8 North, Range 16 West of 6th P.M., Buffalo County, Nebraska, now vacated, and more particularly described as a tract of land being part of the West Half of the Southwest Quarter of the Southeast Quarter of said Section 8, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the southeast corner of the West Half of the Southwest Quarter of the Southeast Quarter of said Section 8 and assuming the east line of said West Half of the Southwest Quarter of the Southeast Quarter of said Section as bearing NORTH and all bearings contained herein are relative thereto; thence NORTH on the east line of the aforesaid West Half of the Southwest Quarter of the Southeast Quarter a distance of 123.4 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the north right-of-way line of U.S. Interstate Highway No. 80; thence continuing NORTH on the east line of the West Half of the Southwest Quarter of the Southeast Quarter a distance of 627.81 feet; thence S87°48'59"W a distance of 84.7 feet; thence S01°17'38"W a distance of 303.85 feet; thence N88°42'W a distance of 101.04 feet; thence S01°18'W a distance of 310.0 feet to a point, said point being a point on the North line of U.S. Interstate Highway No. 80; thence easterly and on the north line of U.S. Interstate Highway No. 80 and on a 16,978.73 foot radius curve concave northerly forming a central angle of 00°40'30" and in and easterly direction a distance of 200.1 feet to the place of beginning; AND TOGETHER WITH, a tract of land being part of the East Half of the Southwest Quarter of the Southeast Quarter of Section 8, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the southwest corner of the East Half of the Southwest Quarter of the Southeast Quarter of said Section 8 and assuming the west line of said East Half of the Southwest Quarter of the Southeast Quarter of said Section as bearing NORTH and all bearings herein are relative hereto; thence NORTH on west line of the aforesaid East Half of the Southwest Quarter of the Southeast Quarter a distance of 123.4 feet to the ACTUAL PLACE OF BEGINNING, said point being the southeast corner of said Lot 1, Robert W Sorensen Subdivision, a subdivision being part of the West Half of the Southwest Quarter of the Southeast Quarter of Section 8, Township 8 North, Range 16 West of 6th P.M., Buffalo County, Nebraska, now vacated, and said place of beginning being on the north right-of-way line of U.S. Interstate Highway No. 80; thence continuing NORTH on the west line of the East Half of the Southwest Quarter of the Southeast Quarter and the east line of said Lot 1, Robert W. Sorensen Subdivision, now vacated, a distance of 627.81 feet; thence leaving the west line of the aforesaid East Half of the Southwest Quarter of the Southeast Quarter and the east line of said lot 1, Robert W Sorensen Subdivision (now vacated) N87°48'59"E a distance 12.00 feet; thence SOUTH parallel with the west line of the East Half of the Southwest Quarter of the Southeast Quarter of said Section and east line of said Lot 1, Robert W. Sorensen Subdivision (now vacated) a distance of 629.16 to a point, said point being on the north right-of-way line of U.S. Interstate Highway No. 80; thence westerly on the north right-of-way line of U.S. Interstate Highway 80 and on a 16,978.73 foot radius curve concave northerly forming a central angle of 00°02'26" and in a westerly direction a distance of 12.01 feet to the place of beginning, containing a total of 2.21 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 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 9TH DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

IV.    CONSENT  AGENDA

 

Moved by Kearney seconded by Lammers that Subsections 1 through 10 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held September 25, 2007.

 

2.         Approve the following Claims: Acushnet $161.99 smcs; Advanced Weapons $1,233.28 smcs; AFLAC $2,618.04 ps; Agri Co-op $20,086.05 smcs; Alltel $1,872.89 smcs; Amer Red Cross $53.00 smcs; Anderson,B $69.55 smcs; Anderson,S $411.00 smcs; Antelope Newspaper $66.00 smcs; Archview $17,640.00 co; Arrow Seed $282.50 smcs; Ashworth $4,812.50 smcs; Athletica $12,425.00 co; Aurora Coop Elevator $2,024.12 smcs; Baker & Taylor Books $2,952.87 smcs; BBC Audiobooks $347.09 smcs; Bird,L $423.00 smcs; Blessing $181,190.22 co; Bluecross Blueshield $21,774.57 smcs; Book Page $216.00 smcs; Bosselman $11,226.96 smcs; Brown,A $218.25 smcs; Buffalo Co Court $450.12 ps; Buffalo Co Reg Deeds $46.50 smcs; Buffalo Co Sheriff $114,076.00 smcs; Capital Bank & Trust $192.30 ps; Cash-Wa $79.00 smcs; Central Contracting $31,708.60 co; CHAD $10.00 ps; Charter $54.99 smcs; City of Ky $197,534.87 smcs,ps; Civic Plus $5,501.00 smcs; College Savings Plan of NE $75.00 ps; Concrete Workers $54,892.62 co; Conseco Life Insurance $24.00 ps; Control Masters $3,070.00 smcs; Copycat Printing $501.38 smcs; Coronado,M $18.48 smcs; Crossroads Ford $25.44 smcs; Culligan $182.01 smcs; Cummins Central Power $862.12 smcs; Dan Roeder Concrete $162,505.77 co; Dandee Concrete $1,860.00 co; Davis,P $22.20 smcs; Dept of the Treasury $0.31 ps; Development Council $75,000.00 smcs; Double M Farms $2,000.00 smcs; Eakes $3,348.74 smcs,co; Eirich,T $50.00 smcs; Elliott Sanitation Equipment $182,620.75 co; Envirotech $34,060.39 smcs; Fairbanks $3,009.33 smcs; Fast,R $19.93 smcs; Fredrickson Co $19,000.80 co; Frontier $235.41 smcs; Gall's $3,370.94 smcs,co; Garrett Tires & Treads $3,269.93 smcs; Grimes,S $211.60 smcs; Guideposts $16.94 smcs; H&H Distributing $293.25 smcs; Harley Davidson $281.60 smcs; Harrison,R $351.50 smcs; Harshbarger,K $257.50 smcs; Hausmann Construction $97,358.87 co; HD Supply $5,263.30 smcs; Hoehner Turf $113.70 smcs; Holiday $100.53 smcs; Hometown Leasing $3,899.95 smcs; Hooker Brothers $106.95 smcs; Hunt,V $21.22 smcs; Hydra-Stop $2,831.39 co; ICMA RC $2,622.98 ps; IRS $94,408.96 ps; Jack Lederman $52.52 smcs; Johnsen Corrosion $1,976.64 smcs; Johnson,S $50.00 smcs; Kalba,R $74.81 smcs; Ky Area United Way $553.00 ps; Ky Chamber Comm $12.00 smcs; Ky Hub $803.52 smcs; Ky Noon Rotary $95.00 smcs; Ky Visitors Bureau $30,538.93 smcs; Ky Young Life $1,064.88 smcs; Kirkham Michael $1,683.37 smcs; Klahn,J $7.41 smcs; Konica Minolta $116.96 smcs; Laughlin,K $180.00 ps; Law Enforcement Training $52.00 smcs; League of NE Municipalities $32,061.00 smcs; Leopold Painting $18,500.00 smcs,co; Liang,S $874.02 smcs; Longoria,H $6.28 smcs; Magic Cleaning $250.00 smcs; Mail Express $446.51 smcs; Maines Electric $742.50 smcs; Marshall Cavendish $137.07 smcs; McLaughlin,P $217.50 smcs; Metlife $5,473.77 ps; Michael Frederick $25.00 smcs; Mid-Kan Blueline $67.98 smcs; Midlands Contracting $253,405.04 co; Midwest Striping $12,120.00 smcs; Mieth,T $47.45 smcs; Miller & Associates $19,990.45 smcs,co; Moonlight Embroidery $1,148.75 smcs; Morris Press $452.00 smcs; Mosbarger,B $200.00 ps; Motorola $4,872.00 co; Municipal Supply $167.32 smcs; NE Child $2,437.03 ps; NE Dept of Revenue $78,817.85 smcs,ps; NE DOL/Boiler Inspection $72.00 smcs; NE Mosquito & Vector $70.00 smcs; NE Regional Library System $25.00 smcs; Neopost $8,000.00 smcs; Nicklasson,B $189.20 smcs; Northwestern Energy $581.17 smcs; Office Depot $28.97 smcs; O'Keefe Elevator $542.73 smcs; Paramount Linen $363.17 smcs; Payflex System $467.50 ps; Peerless $1,815.00 smcs; Penner,S $3.66 smcs; Platte Valley Comm $3,255.04 smcs,co; Portable Computer Systems; $29,578.00 co; Presto-X $136.00 smcs; Pro-Tint $150.00 smcs; Random House $16.00 smcs; Read Aloud NE $50.00 smcs; Recorded Books $42.97 smcs; Reiter,C $100.00 smcs; Rima,R $3.47 smcs; Sapp Brothers Petroleum $5,100.00 smcs; Sargent Drilling $262,069.81 co; Schmidt,A $411.60 smcs; Schwan's $80.92 smcs; Senior Hospitality $6,337.00 smcs; Sheldon,S $7.77 smcs; Snap-On Tools $100.00 smcs; Solid Waste Agency $45,552.09 smcs; Starostka Group Unlimited $752,186.88 co; State of NE/DAS Comm $19.21 smcs; Story,G $514.98 smcs; Sun Life Financial $21,936.12 smcs; Sutphen Corp $29.00 smcs; Sydow,J $40.00 smcs; T&F Sand & Gravel $333.97 smcs; Thome,B $217.50 smcs; Thompson,L $90.00 smcs; Thomson Gale $877.13 smcs; Titelist $1,573.27 smcs; Tool Doctor $32.50 smcs; UAP $94.92 smcs; Village Uniform $126.40 smcs; VS Visual Statement $2,265.00 smcs; Watchguard $10,040.00 co; West Payment Center $1,104.81 smcs; Wilkins Hinrichs Stober $2,453.51 co; Yanney Heritage Park Found. $7,000.00 smcs; Zubrod,D $189.20 smcs; Payroll Ending 9-29-2007 -- $297,151.81.  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 setting October 23, 2007 at 7:00 p.m. as time and date for the Board of Equalization to assess costs for Paving Improvement District No. 2003-872 for Railroad Street from Central Avenue to Avenue B.

 

4.         Approve the request from the Kearney Police Department/Buffalo County Sheriff’s Office to block off Avenue B from Railroad Street to 21st Street for the auto auction to be held on October 13, 2007 from 8:00 a.m. until 5:00 p.m.

 

5.         Approve the Application for a Special Designated License submitted by BOULEE, LLC, dba “Bico’s Sports Bar & Grill” in connection with their Class I-70918 liquor license to dispense beer, wine and distilled spirits in the Great Platte River Road Archway located at 3060 East 1st Street on October 20, 2007 from 4:00 p.m. until 12:00 a.m. for a wedding reception.

 

6.         Approve the Non-Owned Corporate Hangar Lease (T-925) between the City of Kearney and Marshall Aviation, Inc. and approve Resolution No. 2007-214.

 

RESOLUTION NO. 2007-214

 

BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Non-Owned Corporate Hangar Lease for T-925 on behalf of the City of Kearney, Nebraska, with Marshall Aviation, Inc., a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 9TH DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

7.         Approve the application to extend Conditional Use Permit No. 1999-07 submitted by South Central Behavioral Services to locate a transitional living facility located at 2701 Central Avenue for a period of two years.

 

8.         Approve the bids received 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 approve Resolution No. 2007-215 awarding the bid to Blessing, LLC in the amount of $225,438.00.

 

RESOLUTION NO. 2007-215

 

            WHEREAS, Miller & Associates and the City of Kearney have reviewed the sealed bids which were opened on October 2, 2007, at 2:00 p.m. for the 2007 Part IV Improvements consisting 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

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $238,169.50; and

WHEREAS, the said engineers have recommended the bid offered by Blessing, LLC of Kearney, Nebraska in the sum of $225,438.00 be accepted as the lowest responsible bid.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Blessing, LLC of Kearney, Nebraska be and is the lowest responsible bidder for the 2007 Part IV Improvements consisting 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, to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Blessing, LLC of Kearney, Nebraska in the sum of $225,438.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2007 Part IV Improvements consisting 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 in the amount of $238,169.50 be and is hereby accepted.

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

            PASSED AND APPROVED THIS 9TH DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

9.         Approve Change Order No. 1 showing an increase in the amount of $14,770.00 and an additional 41 days to the contract submitted by Central Contracting, Inc. and approved by Wilkins Hinrichs Stober Architects for the Kearney Volunteer Fire Department Station 1 Improvements Project and approve Resolution No. 2007-216.

 

RESOLUTION NO. 2007-216

 

WHEREAS, Central Contracting, Inc. of Kearney, Nebraska has performed services in connection with the Kearney Volunteer Fire Department Station 1 Improvements Project, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $14,770.00 and 41 additional working days as shown on Exhibit “A” attached hereto and made a part hereof by reference.

 

Original Contract Sum

$193,904.00

            Change Order No. 1 (10-9-2007) and an additional 41 working days to the contract time

 

+  14,770.00

Contract Sum to Date

$208,674.00

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 9TH DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

10.        Approve the request submitted by Nicki Rezac to temporarily block off the parking lot located north of the Museum of Nebraska Art on October 19, 2007 from 12:00 p.m. until 8:00 a.m., October 20, 2007 for a concert.

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7385 – CREATE PAVING DISTRICT NO. 2007-919

 

Item Nos. 1, 2 and 3 pertain to the development of 10th Street from the east line of Lot 1 of Block 2, Jean Michel of Chateau Marteau, thence west to the east line of 9th Avenue, AND together with 9th Avenue from the north line of Lot 6 of Block 2, Hammer-McCarty Addition, south to the south line of said Jean Michel of Chateau Marteau. The City received a letter from the developer, Fred Hammer, requesting paving, water and sewer improvements for this street.

 

Chapter 16 of the Nebraska Revised Statutes sets out the rules by which water, sewer and paving districts may be created by public entities. The Council has the authority to create districts and make improvements and assess the costs to the property that is benefited by the improvements. The Mayor and Council, by ordinance, shall create districts according to Sections 16-619 and 16-667 of the Nebraska Revised Statutes. At that time, the City must publish notice of the creation of the district one time each week for not less than 20 days in a daily or weekly newspaper of general circulation in the City. After publication, if the owners of record title representing more than 50% of the front footage of the property abutting or adjoining any continuous or extending improvements objects in writing within 20 days (30 days for water and sewer) from the first publication of said notice the work will not be done. If objections are not filed against the district in a timely manner that meets the law, the Mayor and Council shall proceed to construct such improvements.

 

In accordance with Section 57-102 of the Unified Land Development Ordinance, being part of the Kearney City Code requires the developer to deposit fifty percent of the total estimated costs of the districts. The remaining unpaid costs of the improvements shall be assessed against the property in said districts on a basis of special benefit to the property, if any, as provided by law.

 

Council Member Lammers introduced Ordinance No. 7385, being Subsection 1 of Agenda Item V to create Paving Improvement District No. 2007-919 for 10th Street from the east line of Lot 1 of Block 2, Jean Michel of Chateau Marteau, thence west to the east line of 9th Avenue, AND together with 9th Avenue from the north line of Lot 6 of Block 2, Hammer-McCarty Addition, south to the south line of said Jean Michel of Chateau Marteau, 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. 7385 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. 7385 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. 7385 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. 7386 – CREATE WATER DISTRICT NO. 2007-548

 

Council Member Lammers introduced Ordinance No. 7386, being Subsection 2 of Agenda Item V to create Water District No. 2007-548 for 10th Street from the east line of Lot 1 of Block 2, Jean Michel of Chateau Marteau, thence west to the east line of 9th Avenue, AND together with 9th Avenue from the north line of Lot 6 of Block 2, Hammer-McCarty Addition, south to the south line of said Jean Michel of Chateau Marteau, 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. 7386 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. 7386 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. 7386 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. 7387 – CREATE SEWER DISTRICT NO. 2007-490

 

Council Member Lammers introduced Ordinance No. 7387, being Subsection 3 of Agenda Item V to create Sewer District No. 2007-490 for 10th Street from the east line of Lot 1 of Block 2, Jean Michel of Chateau Marteau, thence west to the east line of 9th Avenue, AND together with 9th Avenue from the north line of Lot 6 of Block 2, Hammer-McCarty Addition, south to the south line of said Jean Michel of Chateau Marteau, 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. 7387 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. 7387 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. 7387 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. 7388 – REPEAL ORDINANCE NO. 7380 AND VACATE PORTION OF AVENUE N

 

At the September 11, 2007 Council meeting, the applicant presented a Petition 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 Council approved the vacation of the right-of way width of 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.

 

When the City proceeded to file the ordinance with the Register of Deeds, it was withdrawn for the reason the lots were not listed. Therefore, it is necessary to repeal the ordinance and to correct the legal description to include the lots.

 

Council Member Lammers introduced Ordinance No. 7388, being Subsection 4 of Agenda Item V to repeal Ordinance No. 7380 and 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 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. 7388 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. 7388 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. 7388 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. 7383 – AMEND CHAPTERS 21 AND 22 OF THE CITY CODE

 

On September 11, 2007, the Council adopted the ordinance amending Chapter 20 to allow duplex lots to be established by Minor Subdivision along the common wall in District R-2, Urban Residential Mixed-Density District. Revisions to allow townhouse development on fee simple lots were also discussed. The Council continued amending Chapters 21 and 22 to allow staff to clarify the amendments based on discussion held during the public hearing.

 

There were only two changes to the amendments to Chapters 21 and 22:

      1)   The required side yard for townhouse developments in Table 21-102 for District R-3 and in Table 22-102 for District R-4 shall remain 15 feet. 

      2)   Note 2 referencing Tables 21-102 and 22-102 shall be amended to read as follows:

A minimum thirty (30) feet of separation shall be maintained between any two (2) adjacent structures containing townhouse units. Such open area shall be managed as common space by a homeowners association.

 

The current ordinance specifies 30 feet of separation based on the 15-foot side yard requirement, and insures that they cannot be fenced off as part of a private lot, thereby insuring adequate pedestrian circulation throughout the development.

 

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. At the last Council meeting, with the absence of Mayor Clouse and the dissenting vote of Council member Kearney, the ordinance was placed on first reading. 

 

Council Member Buschkoetter introduced Ordinance No. 7383, being Subsection 1 of Agenda Item VI to amend 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 townhouse development on fee simple lots, 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 second 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, 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. 7383 by number. Roll call of those in favor of the passage of said ordinance on the second reading resulted as follows: Aye: Clouse, Lammers, Buschkoetter, Lear. Nay: Kearney. Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Lammers that Ordinance No. 7383 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 second reading and final passage of the ordinance, Ordinance No. 7383 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 – REZONING SOUTH OF 56TH STREET, WEST OF 2ND AVENUE AND EAST OF 17TH AVENUE (PERTAINS TO PUBLIC HEARING 2)

 

Moved by Lammers seconded by Lear remove from the table Ordinance No. 7376.  Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney.  Nay: None. Motion carried.

 

Council Member Lear introduced Ordinance No. 7376, being Subsection 2 of Agenda Item VI 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), 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, Lear, Lammers, Buschkoetter. 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. 7376 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lear, Lammers, Buschkoetter. Nay: Kearney. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Clouse that Ordinance No. 7376 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Buschkoetter, Lear. Nay: Kearney. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7376 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. 7389 – REZONING AT 5165 LONG ISLAND ROAD (PERTAINS TO PUBLIC HEARING 7)

 

Council Member Clouse introduced Ordinance No. 7389, being Subsection 3 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards) District” property described as a tract of land being part of the East Half of the Southwest Quarter of the Southeast Quarter of Section 8, Township 8 North, Range 16 West of the 6th P.M., containing 0.17 acres, more or less, Buffalo County, Nebraska (5165 Long Island Road), 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, Kearney, Buschkoetter, Lear, Lammers. 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. 7389 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Lammers that Ordinance No. 7389 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7389 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. 7390 – VACATE LOT 1, ROBERT W. SORENSEN SUBDIVISION (PERTAINS TO PUBLIC HEARING 8)

 

Council Member Clouse introduced Ordinance No. 7390, being Subsection 4 of Agenda Item VI to vacate Lot 1, Robert W. Sorensen Subdivision, a subdivision being part of the West Half of the Southwest Quarter of the Southeast Quarter of Section 8, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (5165 Long Island Road), 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, Kearney, Buschkoetter, Lear, Lammers. 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. 7390 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Lammers that Ordinance No. 7390 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7390 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. 7391 – VACATE EASEMENT IN CEDAR HILLS SUBDIVISION

 

The applicant is requesting approval to vacate the 10-foot wide utility easement as platted across his lot since the existing utility lines are actually installed along a different alignment outside of the platted easement. There are no utilities present in the platted easement. A new 10-foot wide easement will be recorded under separate instrument that will contain the existing utilities and any future utilities within its boundaries. The new easement will be partially on the applicant’s property and partially on the neighboring lot to the north. The owner of abutting property is aware of this situation.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council.  When the Cedar Hills Subdivision was platted, dedicated and ultimately built, the utilities would have been located through a bunch of trees and some rather rough terrain.  The utility companies chose not to build on that path.  Since the property owners on the east and west of this site have split the ground and created a minor subdivision, they want to re-dedicate a new easement via a separate document entirely on the Miller tract.  This will more accurately depict the location of the utilities.  

 

Council Member Lammers introduced Ordinance No. 7391, being Subsection 5 of Agenda Item VI to vacate a portion of the 10.0 foot wide utility easement as platted on property described as Lot 23, together with part of Lot 1, Block 2, Cedar Hills Subdivision, a subdivision being part of the East Half of the Northeast Quarter of Section 21, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (3805 West Cedar Hills Drive), 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, Lear, Lammers, Kearney, Buschkoetter. 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. 7391 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7391 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7391 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

AWARD BID FOR INLINE HOCKEY RINK SPORT FLOOR AT APOLLO PARK

 

Mayor Clouse opened for discussion the bids received for the purchase and installation of inline hockey rink sport floor at Apollo Park and to consider approval of Resolution No. 2007-217 awarding the bid to Sport Court of Nebraska in the amount of $43,927.00.

 

Recreation Superintendent Scott Hayden presented this matter to the Council. The Kearney Park and Recreation Department started an inline hockey program around 1995.  At that time, the Kearney Optimist Club sponsored and purchased a portable rink system called Border Patrol (1-foot high foam panels). Over the years the concrete was repaired several times in order to keep the playing surface smooth. However, due to continued concrete heaving and sprawling, the Park & Rec Department deemed the surface unplayable and discontinued the program in 2006.

 

In the summer of 2006, Erika Moore approached City staff to see if there was something that the Ice Hockey Association could do to help. A plan was developed to put in permanent dasher boards and modular sport surfacing over the concrete. The cost of the project would be $75,000-$80,000. Meetings were conducted with the Adult and Youth Ice Hockey Association to determine the need for inline hockey. Both Associations were very much in favor of the project as an inline hockey rink would supplement the ice hockey program nicely. Inline leagues, camps, tournaments and open play could be conducted. In December of 2006, the plan was presented to the Park and Recreation Advisory Board and the Board was in favor of the project.

 

The City of Kearney advertised for (1) the purchase and installation of inline hockey modular sport flooring, and (2) the purchase and installation of inline hockey dasher boards for an inline hockey rink at Apollo Park.  At the last Council meeting, the Council awarded the bid to Premier Rinks, dba Athletica for the dasher boards. The City needed additional time to review the bids received for the modular sport flooring. The City received the following bids for the flooring:

 

Bidder

Sport Flooring

Mate’flex

Utica, NY

 

$31,475.00

Sport Court of Nebraska

Omaha, NE

 

$43,927.00

Becker Arena Products

Burnsville, MN

 

$44,425.00

Premier Rinks, dba Athletica

Minneapolis, MN

 

No Bid

 

The Apollo Park Inline Hockey Committee has raised $40,000.00 for this project that will be put towards the dasher boards, flooring, and other amenities (signs, benches). The City of Kearney will spend up to $30,000 from the Park Development Fund and $10,000 from City Sales Tax.

  

They decided in the best interest of the hockey rink based on playability, potential long term maintenance, tear issues and warranty, they believed that Sport Court of Nebraska had the superior product.  As part of the bid, the bidders had to show three projects of similar size they have done in the Midwest (Kansas, Missouri, Colorado, Dakotas).  Mr. Hayden did contact some of the businesses regarding their projects.  They found a couple of towns had both Sport Court and Mate’flex which was interesting to hear their comparison of the product.  From a players’ point of view, they found there is less friction, smoother surface (can actually see and feel the difference) and the surface is more forgiving with Sport Court.  They also found that with the sport flooring there are a variety of levels.  All of the companies have a residential level and different types for different sport.

 

The one flooring recommended by Mate’flex was a lower level that they would not be happy with 4-5 years later.  Sport Court has installed flooring all over all Nebraska (Abbot Sports Center, several sites in Omaha, including Quest Center uses a different type for volleyball, Chadron, etc.).  Other deciding factors were that tiles from some other companies were reported to have chipped.  They also considered from a friction standpoint, that if a player falls there are some subtle rounded corners on the Sport Court tiles which provide a safety feature.  Although there is a significant price difference, they decided for the long term, the best interest of the players and the City, Sport Court had more to offer. 

 

Mr. Hayden stated that the City could easily get 20+ years use from this rink.  Only regular checks and maintenance were reported by those contacted having Sport Court flooring.  This rink will be open for “open play” so we are not always going to be there monitoring its use so it needs to hold up to public play. 

 

Council member Lammers asked if any hours of play had been established since there was some concern that this is located in a residential area.  Mr. Hayden responed that it should be the same as for the basketball since it does not have lights.  Mr. Hayden stated play time should not be more than sun up to sun down in the summer and league times will not be scheduled late.   

 

Moved by Buschkoetter seconded by Clouse to approve the bid received for the purchase and installation of inline hockey rink sport floor at Apollo Park and approve Resolution No. 2007-217 awarding the bid to Sport Court of Nebraska in the amount of $43,927.00. Roll call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-217

 

            WHEREAS, the City of Kearney has reviewed the sealed bids which were opened on September 18, 2007 at 2:00 p.m. for the purchase and installation of modular sport flooring for an inline hockey rink to be located at Apollo Park; and

WHEREAS, City staff has recommended the bid offered by Sport Court of Nebraska from Omaha, Nebraska be accepted as the lowest responsible bid for the purchase and installation of modular sport flooring for an inline hockey rink to be located at Apollo Park.

            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 Sport Court of Nebraska from Omaha, Nebraska be and is the lowest responsible bidder for the purchase and installation of modular sport flooring for an inline hockey rink to be located at Apollo Park to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Sport Court of Nebraska from Omaha, Nebraska in the sum of $43,927.00 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 for the purchase and installation of modular sport flooring for an inline hockey rink to be located at Apollo Park.

            PASSED AND APPROVED THIS 9TH DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

PROHIBITING ALCOHOL IN CITY PARKS, INCLUDING E.K. AND MARY YANNEY HERITAGE PARK

 

Mayor Clouse opened for discussion the policy prohibiting alcoholic beverages in or upon the City parks and its facilities including E.K. and Mary Yanney Heritage Park and its facilities and to consider approval of Resolution No. 2007-218.

 

The Kearney Park & Recreation Advisory Board met in a special session on September 13, 2007.  At that meeting the Board reviewed the alcohol usage policy for E.K. and Mary Yanney Heritage Park and its impact on the City Park System.  The Board reviewed the applications for Special Designated Licenses and determined that the availability of alcohol at the park facilities was an insignificant factor in the building rental.  Furthermore, the consumption of alcohol at park facilities was incongruent to the role and mission of the Park & Recreation Department.

 

With the future dedication of E.K. and Mary Yanney Heritage Park to the City’s park system and with the public perception that it already is a City park, the Board recommends to the City Council to suspend alcohol usage at E.K. and Mary Yanney Heritage Park; thereby, maintaining a “no alcohol” usage policy at ALL City parks and their facilities.

 

Moved by Clouse seconded by Kearney to adopt the policy prohibiting alcoholic beverages in or upon the City parks and its facilities including E.K. and Mary Yanney Heritage Park and its facilities and approve Resolution No. 2007-218. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2007-218

 

            WHEREAS, the City of Kearney currently has a policy prohibiting the use of alcoholic beverages in or on all park lands operated by the City of Kearney; and

            WHEREAS, in the near future the E.K. and Mary Yanney Heritage Park will be dedicated to the City of Kearney as part of its park system; and

            WHEREAS, City staff and the City Council have determined that it is in the best interest of the citizens of Kearney to prohibit the use of alcoholic beverages in or on the E.K. and Mary Yanney Heritage Park and/or in any of its facilities.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that all alcoholic beverages are strictly prohibited in or upon all City parks and its facilities including the E.K. and Mary Yanney Heritage Park.

            PASSED AND APPROVED THIS 9TH DAY OF OCTOBER, 2007.

 

ATTEST:                                                                       STANLEY A. CLOUSE

MICHAELLE E. TREMBLY                                             PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

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. 

 

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 third reading and 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, Lear, Lammers, Kearney, Buschkoetter. Nay: None. City Clerk read Ordinance No. 7371 by title only.

 

Moved by Lammers seconded by Lear that Ordinance No. 7371 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7371 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. 7384 – ANNEXATION OF 5.88 ACRES ADJACENT TO WASTEWATER TREATMENT PLANT

 

Mayor Clouse stated that because of the annexation of this area, the title of Ordinance No. 7384 shall be read on three different days.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7384 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 accretion abutting Government Lot 6 on the south and located in the Southeast Quarter of Section 8, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska and more particularly described as follows: Referring to the northeast corner of Government Lot 7 in said Section 8 and assuming the east line of said Government Lot 7 as bearing S00°10”49”W and all bearings contained herein are relative thereto; thence S00°10’49”W and on said east line a distance of 849.57 feet; thence S82°52’34”W a distance of 1877.45 feet to the actual place of beginning; thence S82°52’34”W continuing on the aforesaid line a distance of 452.0 feet; thence S00°10’49”W parallel to said east line a distance of 637.23 feet to the centerline of the North Channel of the Platte River; thence N48°59’35”E on said centerline a distance of 21.56 feet; thence N42°06’13”E continuing on said centerline a distance of  95.81 feet; thence N66°20’07”E a distance of 32.48 feet; thence N85°11’36”E a distance of 160.63 feet; thence S87°30’32”E a distance of 178.5 feet; thence leaving said centerline N00°10”19”E parallel with said east line a distance of 598.32 feet to the place of  beginning, containing 5.88 acres, more or less, all located in Buffalo County, Nebraska be placed on second reading and 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, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried. City Clerk read Ordinance No. 7384 by title only.

 

OPEN ACCOUNT CLAIMS: PLATTE VALLEY STATE BANK - $42,247.73, NPPD - $1,470.73, STAN CLOUSE - $324.63

 

Moved by Buschkoetter seconded by Kearney that Open Account Claims in the amount of $42,247.73 payable to Platte Valley State Bank, in the amount of $1,470.73 payable to Nebraska Public Power District, and in the amount of $324.63 payable to Stan Clouse be allowed. Roll call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None. Clouse and Lear abstained. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Lear seconded by Buschkoetter that Council adjourn at 8:03 p.m. Roll call resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.

 

                                                                                    STANLEY A. CLOUSE

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK