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Kearney, Nebraska

June 10, 2003

7:30 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:30 p.m. on June 10, 2003, in the Council Chambers at City Hall.  Present were:  Bruce Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Galen Hadley, Don Kearney, and Jose Zapata.  Absent: None.  G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present.  Some of the citizens present in the audience included: Chris Wissing, Dale Nispel, George Volz, Neal Lewis, Officer Robin Elliott, Jim Bleb, Mitch Humphrey, Ken Cordes, Paul Brungardt, Mike Anderson, Jerry Winslow, Ron Ridgway, Jon Abegglen, Stan Clouse, Denny Houska, Mike Konz from Kearney Hub, Mike Cahill from KKPR Radio, and Dave Jenner 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

 

Reverend Ken Fairbrother of Countryside Christian Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

The Council members led the audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS – PRESENTATION OF CENTENNIAL PARK POOL OPENING.

 

Director of Park and Recreation presented the Council with some pictures of the opening of Centennial Park Pool.

 

ORAL COMMUNICATIONS

 

There was no other Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

LIQUOR LICENSE – CUNNINGHAM’S JOURNAL

 

Mayor Blankenship opened the public hearing on the application for a Class ‘C’ (Spirits, Wine and Beer – On and Off Sale) Catering Liquor License submitted by NIGHT LIFE CONCEPTS, INC., dba “Cunningham’s Journal” located at 15 West 23rd Street, consider the application for Corporate Manager of Michael Anderson, and to consider Resolution No. 2003-73.

 

Cunningham’s is an existing liquor license and would not add an additional liquor license to the community. The business has no significant history of problems or issues regarding the license. The applicant has been involved in the bar/restaurant business for some time and has demonstrated his ability to manage and run this type of business in an appropriate and lawful manner.

 

The City has the right to review and conduct an investigation on the issuance of a license to dispense alcohol and on the person who will operate the business. The City may then make a recommendation to the State of Nebraska Liquor Commission on the suitability of the license and the person who will manage the business.  The area is suitable for the purpose and zoned correctly. A previous similar establishment has been successfully operated at the location. The license is designed to replace a previous license and will not create any undue burden on City resources or services.

 

Nothing in the background indicated that the applicant would not be suitable to run/manage this business. The background also indicated that the location and business type are suitable and acceptable.

 

Applicant Michael Anderson presented this matter to the Council.  He stated that he is a native of Kearney and received his degree in Marketing and Management from UNK.  He came before the Council last year as corporate manager of “Castaways” with the liquor license in his name and has since left that venture.  He has purchased Cunningham’s Journal.  He has been in the service industry for six to seven years and has had liquor responsibility for the past five years.

 

He stated that he does not allow minors in the bar at any hour.  The only exception would be a child accompanying a parent that he knows personally up until the hours of 8:00 p.m. or 9:00 p.m.  His personal feeling is that minors do not belong in a liquor establishment. Serving an intoxicated person is illegal and not in their best interest. He also believes that each person has reasonable limits.  At that point, it becomes a matter of judgment for them because they are not in a frame of mind to make that decision for themselves.  He stated that he hopes to establish that policy within his premises with his staff.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Buschkoetter to close the hearing and approve the application for a Class ‘C’ (Spirits, Wine and Beer – On and Off Sale) Catering Liquor License submitted by NIGHT LIFE CONCEPTS, INC., dba “Cunningham’s Journal” located at 15 West 23rd Street, approve the application for Corporate Manager of Michael Anderson, and approve Resolution No. 2003-73.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-73

 

            WHEREAS, NIGHT LIFE CONCEPTS, INC., dba “Cunningham’s Journal” has filed with the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney, Nebraska, an application for a Class ‘C’ (Beer, Wine and Distilled Spirits – On and Off Sale) Catering Liquor License to do business at 15 West 23rd Street, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, a hearing was held relating to said application on June 10, 2003.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class ‘C’ (Beer, Wine, and Distilled Spirits – On and Off Sale) Catering Liquor License to NIGHT LIFE CONCEPTS, INC., dba “Cunningham’s Journal” located at 15 West 23rd Street, Kearney, Nebraska.

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

            PASSED AND APPROVED THIS 10TH DAY OF JUNE, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – GOOD SAMARITAN HOSPITAL, NORTH OF 3301 2ND AVENUE

 

Mayor Blankenship opened the public hearing on the Application submitted by John Gardner (Applicant) for Good Samaritan Hospital (Owner) to rezone from "District R-1, Urban Residential Single-Family District (Low Density)" to "District C-0, Office District" property described as Lots 12 and 13, Ragain's Subdivision to the City of Kearney, Buffalo County, Nebraska (north of 3301 2nd Avenue). Planning Commission recommended approval.

 

This public hearing and items 1 and 2 of the Regular Agenda were discussed together but voted on separately.

 

Council member Hadley stated that since he is a member of the Board of Directors, he would vacate his chair and abstain from discussion and voting on this matter.

 

In October 2002, the Design and Development Team for Good Samaritan Hospital requested approval of a major hospital facilities renovation and expansion at the current site.  This proposal was for a multi-phase project that will occur over several years time span.  At that time the team stated that each phase will be brought before the Planning Commission and City Council as the campus develops.  The current phase consists of development of property for Denny’s Photography which involved land swap between the Owners of that property and the hospital.  Work has already started on the Denny’s site since it has been part of the Master Plan since the beginning.  Processing of the project has been delayed as the City was waiting for signatures from the Nebraska Department of Roads on vacation forms.  Approvals required for this phase include rezoning as well as vacation of portions of existing subdivisions, and subdivision platting.

 

Rezoning

The request is to rezone the land to C-0.  Lots 12 and 13 of Ragain’s Subdivision are currently zoned R-1 and were not included in the 2002 rezoning application.  GSH has constructed parking on these lots for Denny’s Photography, a commercial business, as part of their negotiations to acquire property from the owner.  These lots needed to be rezoned to a commercial designation to allow commercial parking and to be consistent with the zoning in the area.

 

Subdivision Vacations

Some of the existing subdivisions must be vacated in order to replat the land holdings that comprise the proposed Good Samaritan Third Subdivision.

 

Subdivision Plats

The applicant is requesting approval of the Final Subdivision Plat for Good Samaritan Third Subdivision.  The Preliminary Plat was approved by Planning Commission on May 16, 2003.  This is a one-lot subdivision containing Denny’s Photography and associated parking. 

 

A portion of the existing building encroaches into the building setback on the south side of the lot.  This encroachment resulted when the right-of-way for 33rd Street was dedicated to the City.  Staff is working with the Owners to prepare and execute a letter of agreement recognizing the encroachment as a nonconforming structure as referenced in Chapter 58 of the Unified Land Development Ordinance.  This section of the code allows the nonconforming structure to remain until some major site change in the future will require compliance with the new setback.  In the future, if the encroaching section of the building is removed the building must comply with setbacks.

 

George Volz from Good Samaritan Hospital presented this matter to the Council.  He stated the request for rezoning is to locate a parking lot on the two lots. 

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Zapata to close the hearing and approve the Application submitted by John Gardner (Applicant) for Good Samaritan Hospital (Owner) to rezone from "District R-1, Urban Residential Single-Family District (Low Density)" to "District C-0, Office District" property described as Lots 12 and 13, Ragain's Subdivision to the City of Kearney, Buffalo County, Nebraska (north of 3301 2nd Avenue).  Roll call resulted as follows:  Aye: Blankenship, Zapata, Buschkoetter, Kearney.  Nay: None.  Hadley abstained.  Motion carried.

 

REZONING – JERRY WINSLOW; 1832 AVENUE G

 

Mayor Blankenship opened the public hearing on the Application submitted by Jerry and Elizabeth Winslow (Applicant and Owner) to rezone from "District M-2, General Industrial District" to "District R-2, Urban Residential Mixed-Density District" property described as all of Lot 965 and the north 28.6 feet of Lot 966, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (1832 Avenue G).  Planning Commission recommended approval.

 

The applicant is pursuing approval of Rezoning for property located at 1832 Avenue G. The property is zoned M-2 but developed as a residence.  The applicant desires R-2 zoning which is prevalent in the area to the south of this lot.  Two lots will remain M-2 zoning between the subject property and the block of R-2 zoning to the south.  The owner is interested in rezoning this parcel because residential is a nonconforming use in M-2 zoning and he would like to build an addition on the house and build a new garage. Nonconforming uses cannot be expanded or enlarged.  In addition, the house could not be rebuilt if it were damaged by a natural disaster.

 

Jerry Winslow presented this matter to the Council.  He stated that he had applied for a permit to build a garage on his property and found that due to the zoning he was unable to do so.  He requested the change in zoning in order to complete that project. 

 

Mayor Blankenship stated that over the last year, there have been a dozen or more rezoning requests like Mr. Winslow’s.  This is a fairly routine item.  For Mr. Winslow to complete his project and resale in the future, this needs to be done.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Zapata to close the hearing and approve the Application submitted by Jerry and Elizabeth Winslow (Applicant and Owner) to rezone from "District M-2, General Industrial District" to "District R-2, Urban Residential Mixed-Density District" property described as all of Lot 965 and the north 28.6 feet of Lot 966, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (1832 Avenue G). Roll call resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.

 

CONDITIONAL USE PERMIT – PLATTE VALLEY COMMUNICATIONS; 2215 AVENUE I

 

Mayor Blankenship opened the public hearing on the Application submitted by Dale Nispel for Platte Valley Communications (Applicant and Owner) for a Conditional Use Permit to replace an existing 35-foot tower with a 50-foot communications tower on property zoned "District M-1, Limited Industrial District) and described as Lots 9, 10, and 11 in George's Subdivision except a part of Lot 9, to the City of Kearney, Buffalo County, Nebraska (2215 Avenue I). Planning Commission recommended approval.

 

The applicant is requesting approval of a Conditional Use Permit (CUP) to replace an existing 35-foot tower with a new 50-foot tower at 2215 Avenue A, Platte Valley Communications.  The new tower will be located in the same place as the existing tower. All the required paperwork for the F.C.C., F.A.A. and other government agencies is in order.  The footing and mounting system has been designed by an engineer licensed in the State of Nebraska.

 

Dale Nispel from Platte Valley Communications presented this matter to the Council.  He stated that they have had a tower in the back of their business at Railroad Street and Avenue I for 25 years, which needs to be reworked.  In the process, he would like to increase the height from 35 feet to 50 feet.  Due to requirements for wireless in Kearney, the tower needs to be higher than the trees.  The existing tower is lower that the trees around it. 

 

There was no one present in opposition to this hearing.

 

Moved by Zapata seconded by Blankenship to close the hearing and approve the Application submitted by Dale Nispel for Platte Valley Communications (Applicant and Owner) for a Conditional Use Permit to replace an existing 35-foot tower with a 50-foot communications tower on property zoned "District M-1, Limited Industrial District) and described as Lots 9, 10, and 11 in George's Subdivision except a part of Lot 9, to the City of Kearney, Buffalo County, Nebraska (2215 Avenue I).  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley.  Nay: None.  Motion carried.

 

REZONING – JOHNSON IMPERIAL HOME; 4005 7TH AVENUE

 

Mayor Blankenship opened the public hearing on the Application submitted by Chris Wissing (Applicant) for Johnson Imperial Home Co. (Owner) for Planned District Development Plan Approval for the construction of a medical office on property zoned "District C-0/PD, Office/Planned Development Overlay District" and described as Lot 5, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (4005 7th Avenue) and to consider Resolution No. 2003-74. Planning Commission recommended approval.

 

The applicant is pursuing approval of Development Plans for a medical clinic to be located at 4005 7th Avenue.  The property is zoned C-0/PD.  The office building features a partial basement.  The proposed building materials include brick, stucco and asphalt shingles. The site is well landscaped. The site will drain into the street.  Thirteen parking stalls are required and 17 stalls are provided. Impervious coverage is 72.2 percent which is within allowable limits.  This project is nicely done and will complement the existing development in the area.

 

Chris Wissing from Johnson Imperial Homes Co. presented this matter to the Council.  He stated that the property is located straight north of Sickler’s Orthotics and Prosthetics on 7th Avenue.  The garage will be used for possible future expansion, but will be used for storage at this time. 

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Kearney to close the hearing and approve the Application submitted by Chris Wissing (Applicant) for Johnson Imperial Home Co. (Owner) for Planned District Development Plan Approval for the construction of a medical office on property zoned "District C-0/PD, Office/Planned Development Overlay District" and described as Lot 5, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (4005 7th Avenue) and approve Resolution No. 2003-74.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-74

 

            WHEREAS, Chris Wissing (Applicant) for Johnson Imperial Home Co. (Owner) has applied for Development Plan Approval for the construction of a medical office on property zoned “District C-0/PD, Office/Planned Development Overlay District” and described as Lot 5, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (4005 7th Avenue).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Chris Wissing (Applicant) for Johnson Imperial Home Co. (Owner) for Development Plan Approval for the construction of a medical office on property zoned “District C-0/PD, Office/Planned Development Overlay District” and described as Lot 5, Windsor Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (4005 7th Avenue) be approved.

PASSED AND APPROVED THE 10TH DAY OF JUNE, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – PLATTE RIVER INVESTMENTS; east side of Antelope Avenue and north of 3409 Antelope Avenue for 581.1 feet

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for David Oldfather, President of Platte River Investments, L.L.C. (Owner) to rezone from "District AG, Agricultural District" to "District M-1, Limited Industrial District" property described as a tract of land being part of Government Lots 2 and 4 located in Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 5.01 acres, more or less, Buffalo County, Nebraska (east side of Antelope Avenue and north of 3409 Antelope Avenue for 581.1 feet).  Planning Commission recommended approval.

 

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

 

The Applicant is requesting approval for a subdivision in east Kearney to be known as Platte River Commercial Park 5th Addition.  This property was rezoned to M-1 in the past but the new zoning map adopted with the UDO was in error and the property was not shown correctly.  Therefore, another rezoning request to M-1 is required along with subdivision platting and annexation for one lot.

 

Rezoning

The request is to rezone the 5.01-acre tract to M-1, Limited Industrial District.  Since this property was rezoned in the past to M-1, it seems reasonable to rezone it once more.

 

Subdivision Plats

The applicant is requesting approval of the Final Subdivision Plat for Platte River Commercial Park 5th Addition.  The Preliminary Plat was approved May 16, 2003.  This is a one-lot subdivision containing 1.74 acres and 220 feet of frontage along Antelope Avenue. A shared driveway onto Antelope Avenue is required.  The plat shows a 20-foot easement for the shared driveway.  A Public Works Plan is not required.  A Subdivision Agreement is not required.

 

Annexation

The proposed subdivision is located adjacent to the city limits and all municipal services are available.  Therefore, if the rezoning and platting is approved, the property should be annexed into the corporate boundary of the City of Kearney.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council.  He stated that he believes that the rezoning is a housekeeping item.  The request is to rezone what was inadvertently “unzoned” when the UDO was adopted and the associated zoning map. 

 

The Final Plat pertains to the next phase of the Platte River Commercial Park development which is a 1.74 acre tract of land on the north side of Platte River Commercial Park Fourth Addition. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for David Oldfather, President of Platte River Investments, L.L.C. (Owner) to rezone from "District AG, Agricultural District" to "District M-1, Limited Industrial District" property described as a tract of land being part of Government Lots 2 and 4 located in Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 5.01 acres, more or less, Buffalo County, Nebraska (east side of Antelope Avenue and north of 3409 Antelope Avenue for 581.1 feet).  Roll call resulted as follows:  Aye: Blankenship, Zapata, Hadley, Buschkoetter, Kearney.  Nay: None.  Motion carried.

 

INCLUSION – PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION; north of 3409 Antelope Avenue for 220 feet

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for David Oldfather, President of Platte River Investments, L.L.C. (Owner) for the inclusion of "PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION" within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Government Lots 2 and 4 located in Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 1.74 acres, more or less, Buffalo County, Nebraska (north of 3409 Antelope Avenue for 220 feet) and to consider Resolution No. 2003-75. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for David Oldfather, President of Platte River Investments, L.L.C. (Owner) for the inclusion of "PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION" within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Government Lots 2 and 4 located in Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 1.74 acres, more or less, Buffalo County, Nebraska (north of 3409 Antelope Avenue for 220 feet) and approve Resolution No. 2003-75.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-75

 

            WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for David Oldfather, President of Platte River Investments, L.L.C. (Owner) for the inclusion of “PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Government Lot 2 and part of Government Lot 4 located in Section 32, Township 9 North Range 15 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: referring to the southwest corner of Government Lot 2 and assuming the west line of said Government Lot 2 as bearing NORTH and all bearings contained herein are relative thereto; thence NORTH on the west line of said Government Lot 2 a distance of 942.1 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the northwest corner of Platte River Commercial Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing NORTH on the west line of said Government Lot 2 a distance of 581.1 feet; thence N89°49’06”E a distance of 376.0 feet; thence SOUTH parallel with the west line of said Government Lot 2 a distance of 581.1 feet to the northeast corner of Lot 1, Block 1, Platte River Commercial Park Fourth Addition; thence S89°49’06”W and on the north line of said Platte River Commercial Park Fourth Addition a distance of 376.0 feet to the place of beginning, containing 5.01 acres, more or less, all in Buffalo County, Nebraska (north of 3409 Antelope Avenue for 220 feet); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on May 16, 2003 on the inclusion of “PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION” within the corporate limits and recommended the Kearney City Council approve said application; and

            WHEREAS, said application to include the land within the corporate limits was duly signed by the owners of the land affected with the express intent of platting the land as “PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska;

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on June 10, 2003 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the land to be platted as “PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION” shall be included within the corporate limits of the City of Kearney, Buffalo County, Nebraska, that the inhabitants of such addition shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules and regulations of the City of Kearney.

            BE IT FURTHER RESOLVED that the inclusion of “PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION” within the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County Register of Deeds.

            PASSED AND APPROVED THIS 10TH DAY OF JUNE, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

FINAL PLAT – PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for David Oldfather, President of Platte River Investments, L.L.C. (Owner) for final plat approval for "PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION" of a tract of land being part of Government Lots 2 and 4 located in Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 1.74 acres, more or less, Buffalo County, Nebraska (north of 3409 Antelope Avenue for 220 feet) and to consider Resolution No. 2003-76. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Zapata to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for David Oldfather, President of Platte River Investments, L.L.C. (Owner) for final plat approval for "PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION" of a tract of land being part of Government Lots 2 and 4 located in Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 1.74 acres, more or less, Buffalo County, Nebraska (north of 3409 Antelope Avenue for 220 feet) and approve Resolution No. 2003-76.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-76

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

            BE IT FURTHER RESOLVED that 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 10TH DAY OF JUNE, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – SORENSEN ACRES; WEST OF 2ND AVENUE AND NORTHEAST OF OFFICE MAX

 

Mayor Blankenship opened the public hearing on the Application submitted by Rod Wiederspan (Applicant) for Sorensen Acres, L.L.C. (Owner) to rezone from "District AG, Agricultural District" to "District C-2, Community Commercial District" property described as a tract of land being part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 0.95 acres, more or less, Buffalo County, Nebraska (west of 2nd Avenue and northeast of Office Max). Planning Commission recommended approval.

 

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

 

The Applicant is requesting approval for a subdivision in north Kearney to be known as Sorensen Park 3rd Addition.  This property requires rezoning, a Final Plat and annexation.

 

Rezoning

The request is to rezone the 0.95-acre tract to C-2.  This zoning category is compatible with surrounding zoning and land uses. 

 

Subdivision Plat

The applicant is requesting approval of the Final Subdivision Plat for Sorensen Park 3rd Addition.  This is a one-lot subdivision containing 0.95 in front of Office Max. The Preliminary Plat was approved June 20, 1997.  A Public Works Plan has been provided.  An Infrastructure Agreement is required. 

 

Annexation

The proposed subdivision is located adjacent to the city limits and all municipal services are available.  Therefore, if the rezoning and platting is approved, the property should be annexed into the corporate boundary of the City of Kearney.

 

Ron Ridgway from Miller & Associates presented this matter to the Council.  He stated since Planning Commission, a sewer easement and a ten-foot utility easement have been added along the south and west side at the request of the City Utilities Department.

 

There was no one present in opposition to this hearing.

 

Moved by Zapata seconded by Blankenship to close the hearing and approve the Application submitted by Rod Wiederspan (Applicant) for Sorensen Acres, L.L.C. (Owner) to rezone from "District AG, Agricultural District" to "District C-2, Community Commercial District" property described as a tract of land being part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 0.95 acres, more or less, Buffalo County, Nebraska (west of 2nd Avenue and northeast of Office Max).  Roll call resulted as follows:  Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter.  Nay: None.  Motion carried.

 

INCLUSION – SORENSEN PARK THIRD ADDITION; WEST OF 2ND AVENUE AND NORTHEAST OF OFFICE MAX

 

Mayor Blankenship opened the public hearing on the Application submitted by Rod Wiederspan (Applicant) for Sorensen Acres, L.L.C. (Owner) for the inclusion of "SORENSEN PARK THIRD ADDITION" within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 0.95 acres, more or less, Buffalo County, Nebraska (west of 2nd Avenue and northeast of Office Max) and to consider Resolution No. 2003-77. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Kearney to close the hearing and approve the Application submitted by Rod Wiederspan (Applicant) for Sorensen Acres, L.L.C. (Owner) for the inclusion of "SORENSEN PARK THIRD ADDITION" within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 0.95 acres, more or less, Buffalo County, Nebraska (west of 2nd Avenue and northeast of Office Max) and approve Resolution No. 2003-77.  Roll call resulted as follows:  Aye: Blankenship, Zapata, Hadley, Buschkoetter, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-77

 

            WHEREAS, an Application has been submitted by Rod Wiederspan (Applicant) for Sorensen Acres, L.L.C. (Owner) for the inclusion of “SORENSEN PARK THIRD ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 9 North Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: beginning at the northeast corner of Lot 1, Block 2, Sorensen Park Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska; thence N00°19’46”W (an assumed bearing with all other bearings shown hereon relative thereto) along the westerly right-of-way of 2nd Avenue/Nebraska State Highway No. 10 a distance of 185.0 feet; thence S89°40’14”W perpendicular to said right-of-way a distance of 229.06 feet; thence S00°19’46”E parallel with said right-of-way a distance of 65.02 feet; thence along a curve to the left tangent to said previous course having a radius of 150.0 feet, an arc length of 87.02 feet and a central angle of 33°14’17” to the northerly line of Lot 1, Sorensen Park Second Addition to the City of Kearney, Buffalo County, Nebraska; thence along the northeasterly line of said Lot 1 along a curve to the left continuing said previous curve having a radius of 150.0 feet, an arc length of 100.09 feet and a central angle of 38°13’59” to the easterly line of said Lot 1; thence N00°19’46”W along said easterly line extended to the north and along the westerly line of Lot 1, Block 2, Sorensen Park Subdivision a distance of 21.19 feet to the north line of said Lot 1, Block 2; thence N89°39’40”E along said north line a distance of 130.15 feet to the point of beginning, said tract containing 0.95 acres, more or less, including 0.11 acres, more or less for a 20.0 feet wide roadway and utility easement purposes, all in Buffalo County, Nebraska (west of 2nd Avenue and northeast of Office Max); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on May 16, 2003 on the inclusion of “SORENSEN PARK THIRD ADDITION” within the corporate limits and recommended the Kearney City Council approve said application; and

            WHEREAS, said application to include the land within the corporate limits was duly signed by the owners of the land affected with the express intent of platting the land as “SORENSEN PARK THIRD ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska;

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on June 10, 2003 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the land to be platted as “SORENSEN PARK THIRD ADDITION” shall be included within the corporate limits of the City of Kearney, Buffalo County, Nebraska, that the inhabitants of such addition shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules and regulations of the City of Kearney.

            BE IT FURTHER RESOLVED that the inclusion of “SORENSEN PARK THIRD ADDITION” within the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County Register of Deeds.

            PASSED AND APPROVED THIS 10TH DAY OF JUNE, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

FINAL PLAT – SORENSEN PARK THIRD ADDITION; WEST OF 2ND AVENUE AND NORTHEAST OF OFFICE MAX

 

Mayor Blankenship opened the public hearing on the Application submitted by Rod Wiederspan (Applicant) for Sorensen Acres, L.L.C. (Owner) for final plat approval for "SORENSEN PARK THIRD ADDITION" of a tract of land being part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 0.95 acres, more or less, Buffalo County, Nebraska (west of 2nd Avenue and northeast of Office Max) and to consider Resolution No. 2003-78. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Buschkoetter to close the hearing and approve the Application submitted by Rod Wiederspan (Applicant) for Sorensen Acres, L.L.C. (Owner) for final plat approval for "SORENSEN PARK THIRD ADDITION" of a tract of land being part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 0.95 acres, more or less, Buffalo County, Nebraska (west of 2nd Avenue and northeast of Office Max) and approve Resolution No. 2003-78.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-78

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “SORENSEN PARK THIRD ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

            BE IT FURTHER RESOLVED that 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 10TH DAY OF JUNE, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

AMEND CHAPTERS 13 AND 49 PERTAINING TO FURNITURE STORES

 

Mayor Blankenship opened the public hearing on the proposed amendment to the Unified Land Development Ordinance, being a part of the Code of the City of Kearney as follows: Section 13-107 "Commercial Use Types" of Chapter 13 "Use Types" to redefine 'furniture stores'; Chapter 49 "Off-Street Parking" to amend the number of required parking spaces for furniture stores. Planning Commission recommended approval.

 

The applicant is pursuing approval of amendments to the Unified Land Development Ordinance to define a new use type in Chapter 13 as “Furniture and Appliance Store” and to add parking requirements in Chapter 49 for the new use type.

 

Furniture stores are currently included in the use type “Mass Retailing” which requires one parking place per 200 square feet of floor area.  This parking ratio seems excessively high given the history of parking demand for furniture stores in Kearney.  This amendment to the UDO is in two parts.  First, in Chapter 13, “Use Types,” a new category of use types is created to break furniture and appliance stores out of mass retailing.  Second, in Chapter 49, “Off-Street Parking” the new use type is given a parking requirement of one space per 350 square feet of retail floor area and portions of the building devoted to interior warehousing space is calculated under Schedule A which requires one space per 5,000 square feet.

 

Jon Abegglen was present to answer any questions from the Council.

 

Mayor Blankenship stated that the premise of this amendment is that even though furniture stores are large, they traditionally don’t have the traffic that other retailers might have.  This request proposes to limit the number of parking spaces, which may spur additional business development.  He pointed out that the UDO is a work in progress and some changes will be made along the way.  This is good example of one of those changes.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the proposed amendment to the Unified Land Development Ordinance, being a part of the Code of the City of Kearney as follows: Section 13-107 "Commercial Use Types" of Chapter 13 "Use Types" to redefine 'furniture stores'; Chapter 49 "Off-Street Parking" to amend the number of required parking spaces for furniture stores.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley.  Nay: None.  Motion carried.

 

AMENDMENTS TO UNIFIED LAND DEVELOPMENT ORDINANCE

 

Mayor Blankenship opened the public hearing on the proposed amendment to the Unified Land Development Ordinance, being a part of the Code of the City of Kearney to delete existing conflicts between Code sections and to make setback, landscape, and buffer areas uniform, to define uniform building standards for all commercial projects, to add needed definitions, to revise the sign ordinance, and to make other similar revisions to improve the efficiency and application of the ordinance. Planning Commission recommended approval.

 

City Planner, Lance Lang, presented this matter to the Council.  The City Planning Staff is pursuing approval of a variety of amendments to the Unified Land Development Ordinance.  The ordinance has been in effect for a little more than 12 months (since April 15, 2002) and staff has noted several revisions that seem to be appropriate.  The goal of these amendments is to improve the consistency between sections and chapters of the document, to delete existing conflicts, to add new definitions, to provide commercial building construction standards, to revise the sign ordinance, and generally to make the ordinance more user-friendly and effective.

 

A complete strikeout/underline attachment was provided to the Council showing all revisions on a page by page basis.  As a general summary, listed below are some of the more important revisions:

·         Provide a definition for: Cargo containers, agricultural markets, roadway easements;

·         Revise matrix table: Remove impact ratings, remove enhanced standards, add furniture and appliance stores, add agricultural market, add retail services (medium);

·         For clarification and consistency: Lot size requirements, setbacks, landscape depth adjacent to street, bufferyards;

·         Added standards for commercial development: Building materials, building offsets;

·         R-3 apartments require PD if greater than 36 units (to be consistent with R-4);

·         Traditional neighborhood design components required for conventional commercial corridors in C-1(N);

·         Revisions to wellhead protection requirements per Utilities Director;

·         Establish performance standards for industrial zones M-1 and M-2;

·         Provisions for screening of cardboard balers and cargo containers;

·         Sign revisions for temporary and banner signs, computer message centers;

·         Revisions to the Landscape Chapter to reduce conflicts with other chapters.

 

Lance Lange stated that the Unified Land Development Ordinance (UDO) is the document that contains all the zoning and subdivision regulations for the City.  The UDO was adopted and put into effect on April 15, 2002 by the City Council.  Working with it over the last year, they knew that it is a work in progress and that there would be some revisions.  The staff has been keeping a running tally, and some of the revisions did come from them.  Requests have also come from developers who believed that certain sections did not meet the needs of Kearney and others in the community who have concerns about development. 

 

The staff has been meeting on a regular basis over the past several months.   They have gone through the UDO on a page-by-page basis in order to do a thorough and adequate job of reviewing each section.  They have covered approximately two-thirds of the ordinance.  The revisions are what he considers “housekeeping” issues.  He stated that the goal was to simplify the ordinance and make it more user-friendly, to promote uniformity, to clarify definitions, and to delete existing conflict between some of the sections.  He believes that with the changes, they can be more responsive to the public.

 

He further stated that the Code is written to be consistent so that everyone is treated equally.  However, there will always be those situations that will be an exception.  Those situations can be brought to the Council and a variance requested.   One of the options available is a straight district can be made a planned district which allows some flexibility in unique cases. 

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Zapata to close the hearing and approve the proposed amendment to the Unified Land Development Ordinance, being a part of the Code of the City of Kearney to delete existing conflicts between Code sections and to make setback, landscape, and buffer areas uniform, to define uniform building standards for all commercial projects, to add needed definitions, to revise the sign ordinance, and to make other similar revisions to improve the efficiency and application of the ordinance. (Planning Commission recommended approval.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter.  Nay: None.  Motion carried.

 

IV.    CONSENT  AGENDA

 

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

 

1.         Approve Minutes of Regular Meeting held May 27, 2003.

 

2.         Approve the following claims:  Ace Hardware $163.49 Various; Ace Irrigation $286.14 Rep; Adamson, B $15.00 Su; Aervoe-Pacific $330.84 Inv; AFLAC $1,680.83 Ded; Alltel $2,728.31 Various; Almquist, R $125.00 Serv; Amazon.Com $64.95 Bks; Amer Air $336.00 Tr; Amer Electric $2,585.78 Su; Amer Test Center $1,405.00 Various; Anderson Wrecking $135.00 Various; Anderson Outdoor Power $126.45 Various; Anderson, B $100.00 Reim; Andrews, S $62.00 Ref; Apache $5,990.00 Capital Imp; Applied Concepts $288.44 Rep; Arnold, M $40.00 Ref; Art Today $49.95 Su; Arts Craft $492.76 Su; AT&T $126.92 Serv; Austin, J $75.00 Reim; Auto Glass Center $196.42 Inv; Baker & Taylor $1,830.21 Bks; Baymont Inns $106.20 Tr; BBC $57.00 Bks; BD Construction $51,156.54 Serv; Beacon Ballfields $1,175.71 Su; Big Flag $40.00 Inv; Blevins, D $60.00 Various; Bob's Super Store $62.17 Su; Bohlmann $822.68 Su; Books on Tape $262.40 Bks; Bosselman Energy $10,213.73 Inv; Brisbin, H $35.00 License; Broadfoot Sand $1,535.35 Su; Bubble Factory $22.20 Su; Bucher, Willis  $894.87 Serv; Buffalo Co Court $299.12 Various; Buffalo Co Dist. Ct. $129.00 Ded; Buffalo Co Treasurer $24.00 Fees; Builders How-To-Warehouse $2,669.09 Various; Burns, R $15.00 Su; Canada Life Assurance $2,279.70 Ded; Career Track $99.00 Tr; Cash Wa $471.25 Various; CDW Government $1,361.27 Su; Central Auto Electric $193.33 Inv; Central Hydraulic System $205.22 Inv; Central NE Bobcat $561.06 Inv; CHAD $4.00 Ded; Charter Communications $87.53 Serv; Child's Play $280.00 Bks; City of Ky $840,202.02 Various; City of LaVista $80.00 Tr; Clifford of Vermont $311.40 Su; College Savings Plan of NE $245.00 Ded; CO Fire Mechanics Assn $350.00 Reg; Computer Pro's $1,117.80 Su; Computer Warehouse #4 $126.95 Su; Conseco Life Ins $38.00 Ded; Construction Rental $510.77 Various; Copycat Printing $880.64 Su; Corporate Diversified Services $61,612.26 Claims, Ded; Cracker Barrel $64.16 Tr; Crossroads Ford $56.42 Inv; Culligan $109.25 Various; D Milaco $66.00 Su; Dannehl's Feed $55.75 Su; Depository Trust $311,627.50 Various; Development Council $245.69 Various; Diamond Vogel Paints $42.42 Inv; Discount Tools $63.89 Su; Dorfman Pacific $546.49 Su; Double M Farms $2,000.00 Serv; Drury Inns Denver Tech $473.34 Tr; Dubs $39.99 Inv; Dultmeier Sales $140.55 Su; Eakes Office Plus $1,303.30 Su; Earl May Garden Center $6.75 Su; Easy Picker Golf Products $88.88 Su; Ecolab $26.00 Inv; EDM Equipment $396.19 Inv; Elliott Equipment $5,678.93 Various; English, C $150.00 Tr; Expedia $10.00 Tr; Expression Wear $314.00 Su; Fairbanks $1,395.36 Inv; Fast Mart $74.24 Tr; Fastenal $197.20 Inv; Fireguard $6,808.00 Su; Forensic Sciences $300.00 Fees; Foster, T $100.00 Reim; Fox Bros Hay $13,350.00 Various; Fremont Nat'l Bank $386,808.67 Various; Frontier $812.56 Serv; Frontierair $326.50 Tr; Galeton Gloves $30.45 Su; Golfsmith Int'l $344.05 Su; Good Samaritan Health Systems $60.00 Serv; Goodwill Industries $30.00 Su; Gordon's $9.00 Inv; Graham Tire $94.24 Various; Grainger $321.31 Various; Grand Central IGA $63.03 Su; Graphic Screen Printing $144.00 Tr; Gray Automotive Products $8,990.00 Equip; Great Plains Safety $105.00 Su; Green, M $24.00 Ref; Guenther, M $100.00 Reim; H&G Cleaners $529.14 Serv; H&H Distributing $1,491.30 Su; Hastings $21.25 Su; Heil Retail Sales $47.73 Inv; Hobby-Lobby $12.39 Su; Holmes Plbg $1,716.88 Various; Hometown Leasing $206.00 Capital Imp; HTE  $355.00 Reg; Hyatt Hotels Denver $845.20 Tr; ICMA RC $2,454.07 Ded; IRS $81,508.42 Ded; Interstate Batteries $103.60 Su; Interstate Structures $279,141.80 Serv; Intuit $1,068.75 Serv; ISDN $14.95 Su; Jeff Spady Chrysler $69.12 Inv; K&K Parts $142.75 Various; Kalba, R $123.86 Tr; Ky Area Solid Waste Agency $74,626.42 Tipping Fees; Ky Area United Way $568.58 Ded; Ky Chamber of Commerce $1,000.00 Comm Betterment; Ky Implement $317.68 Various; Ky Winlectric $76.26 Su; Kelly Supply $199.77 Inv; Kewanna Screen Printing $311.57 Su; Killion Motors $66.84 Inv; King, J $100.00 Reim; Kirkham Michael $2,310.28 Serv; Kissell, D $100.00 Reim; Klaus, M $192.82 Tr; Koala $624.00 Su; Kolar, J $16.00 Tr; Kriz Davis Co $162.80 Su; Kuykendall, J $53.55 Tr; L&W Tires $4,181.45 Various; Lab Safety Supply $457.52 Su; LaQuinta Inns $76.86 Tr; Laser Art Design $226.50 Su; Lawson Products $296.58 Various; Lentfer, M $30.00 Ref; Lexis Nexis $158.80 Su; Linweld $153.34 Various; Machines & Media $635.00 Su; Magic Cleaning $600.00 Serv; Mark Hydraulic $52.21 Inv; Marlatte Machine Shop $58.58 Various; Mason Motors $25.00 Rep; McCollister & Co $531.00 Inv; McCorkle Motors $53.25 Su; McGinnis, R $58.00 Ref; McLaughlin, S $200.00 Ins; Meridian Library System $5.00 Tr; MGM Grand Hotel $161.48 Tr; MGM Grand Reservations $76.24 Tr; Mid America Pay Phones $200.00 Serv; Miller & Associates $4,389.00 Serv; Miracle Recreation $54.28 Su; Misko Sports $11.99 Su; Modern Methods $811.80 Serv; Moody's Investors $5,000.00 Various; Morris Press $921.80 Serv; Mosbarger, B $208.00 Various; Motion Picture Licensing $49.95 Fees; Movie Licensing USA $87.27 Fees; Mr. Automotive $1,575.41 Various; Municipal Emergency Svcs $602.24 Su; Municipal Supply $1,499.23 Inv; Munster, S $100.00 Reim; Murphy Tractor $1,645.93 Inv; NAPA  $3,042.74 Various; Nat'l Alliance for Youth Sports $180.00 Fees; Nat'l Paper Supply $208.64 Su; Nat'l Planning Convention $176.00 Su; Nat'l Waterworks $2,483.49 Su; NCS Equipment $169.75 Su; NE Child Support $1,012.80 Ded; NE Dept of Environmental Quality $750.00 Renewal Fees; NE Dept of Revenue $21,943.23 Ded; NE Law Enforcement Training $135.00 Tr; NE Golf $360.00 Su; NE Machinery $16,521.43 Various; NE Society of CPA's $100.00 Dues; NE Truck Center $106,444.04 Various; NEland Distributors $1,246.80 Su; Newman Signs $50.97 Su; Nogg Chemical $388.11 Su; Northern Safety $1,016.96 Su; Northwestern Energy $116.53 Serv; Office Max $1,333.39 Various; Office Net $771.95 Su; Offner, D $100.00 Reim; O'Reilly $223.70 Various; Oriental Trading $63.55 Su; Orr, L $100.00 Reim; Orscheln Farm $874.48 Various; Ostrander, T $10.00 Tr; Overhead Door $279.45 Su; Palm Brothers $421.74 Su; Paper Warehouse $58.32 Su; Patterson, B $84.75 Reim; Paul A Otto Curb Grinding $72.00 Serv; Payless Building $18.29 Su; Pearson, J $75.00 Reim; Phillips $21.00 Tr; Phillips, J $40.00 Reim; Platte Valley Comm $193.75 Various; Powderhorn $215.69 Su; Preferred Mail $98.18 Pstg; Presto-X $55.00 Rep; Quality Cleaners $25.45 Su; Quinn, J $150.00 Various; Radio Shack $51.62 Various; Raines & Assoc $163.39 Rep; Reams Sprinkler $3,600.25 Su; Reineke, B $100.00 Reim; Reservation Rewards $7.00 Su; Respond First Aid System $68.85 Su; Rich, T $75.00 Reim; Rodiek, D $50.00 Pc; Rogers House $34.70 Su; Saathoff, J $53.55 Tr; Sahling Kenworth $332.82 Inv; Scarborough, B $100.00 Reim; Seals, T $100.00 Reim; Sears Dealer $99.88 Su; See Clear Cleaning $1,800.00 Serv; Shirt Shack $639.00 Su; Shoemaker, N $100.00 Reim; Silknitter, A $250.00 Various; Smith, R $100.00 Reim; Sport Supply Group $139.93 Su; Stagecoach $33.00 Su; State of NE DAS Comm $26.63 Serv; State of NE Dept of Aeronautics $370.00 Loan Pmt; Steiner, J $200.00 Various; Stetson Bldg Products $42.83 Su; Supplies Distributors $231.67 Su; Swanson Corp $1,294.72 Tr; Sydow, J $75.00 Reim; Target $39.89 Various; Tax Equal. & Review Comm $775.00 Serv; Texaco $26.50 Tr; Thompson, J $100.00 Reim; Throckmorton, R $100.00 Reim; Tollefsen-Elliott $374.82 Various; Tractor Supply $869.34 Various; Trembly, M $332.45 Tr; U Save Foods $98.93 Su; UAP Pueblo $118.51 Su; UI Express $298.76 Su; UNICO Group $613.00 Prem; United Seeds $766.00 Su; Univ Wis Pyle Center $695.00 Su; UPS $47.90 Inv; UPS West Store $15.56 Su; Urbanek, T $150.00 Tr; USPS $28.12 Pstg; Village Cleaners $156.25 Cla; Voter, R $100.00 Reim; Walker Roofing $8,622.90 Serv; Walmart $811.48 Various; Warner, D $200.00 Various; Washington State Support Regis $102.01 Ded; Wessels, W $72.05 Tr; West Group $56.00 Su; Whalen, J $100.00 Reim; Wiedel, G $100.00 Reim; Wilke Donovans True Value $302.10 Various; Winslow, H $30.00 Ref; Xerox $254.00 Equip; Xerox Supply Texas $259.98 Su; Yanda's Music $24.71 Su; Zimmerman Printers $276.00 Su; Payroll Ending 05-31-2003 -- $254,552.66.  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 Change Order No. 1 for an increase in the amount of $2,610.59 submitted by BD Construction in connection with the Vehicle Storage Facility for the Utilities Department located at 1220 East 26th Street and approve Resolution No. 2003-79.

 

RESOLUTION NO. 2003-79

 

            WHEREAS, on January 28, 2003 the City Council approved the Plans and Specifications for the Vehicle Storage Building; and

            WHEREAS, on February 25, 2003 the City Council awarded the bid for the construction of the Vehicle Storage Building to BD Construction Inc. in the amount of $168,490.00; and

            WHEREAS, it has been determined that it is necessary to increase the cost of the project in order to increase the size of the water system plumbing from one inch diameter to two inch diameter, to add two more inches of insulation to the ceiling, and to delete the oil separator; and

            WHEREAS, the City's engineer, Miller & Associates, has filed with the City Clerk Change Order No. 1 showing an increase in the amount of $2,610.59, as shown on Exhibit “A” attached hereto and made a part hereof by reference:

 

Original Contract Price

$168,490.00

Change Order No. 1 (06-10-2003)

   +2,610.59

New Contract Price

$171,100.59

 

            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 10TH DAY OF JUNE, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

4.         Approve the request submitted by Cheryl Schroeder to extend Conditional Use Permit No. 1998-05 for a Bed and Breakfast located at 2915 5th Avenue for a period of one year.

 

5.         Concur with the Nebraska Department of Roads on the selection of Dominion Construction Company of Scottsbluff, Nebraska for Project No. ELEC-30-4(1037) in the amount of $67,248.45.

 

6.         Approve the request submitted by Karla Falk, UNK Coordinator of Student Activities for the Homecoming Parade on October 4, 2003.  The route will commence on Railroad Street and Central Avenue, north on Central Avenue to 27th Street, west on 27th Street to 9th Avenue.  The staging area to be blocked off is Railroad Street from Avenue E to 5th Avenue, 4th Avenue from Railroad Street to 22nd Street, 3rd Avenue from Railroad Street to 22nd Street, 21st Street from 3rd Avenue to 5th Avenue, Avenue B from Railroad Street to 22nd Street, Avenue C from Railroad Street to 22nd Street, Avenue D from Railroad Street to 22nd Street, and Avenue E from Railroad Street to 22nd Street.

 

7.         Approve Change Order No. 1 showing an increase in the amount of $3,878.46, Application and Certificate for Payment No. 1-Final in the amount of $81,476.46 submitted by Dominion Construction Company and approved by Ehrhart Griffin & Associates for signalization improvements at the intersection of 25th Street and Avenue N and approve Resolution No. 2003-80.

 

RESOLUTION NO. 2003-80

 

WHEREAS, Dominion Construction Company has performed services in connection with the signalization improvements at the intersection of 25th Street and Avenue N; and

WHEREAS, the City's engineer, Ehrhart Griffin & Associates, has filed with the City Clerk Change Order No. 1 showing an increase in the amount of $3,878.46, as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, the City’s Engineer has filed with the City Clerk an invoice in the amount of $81,476.46 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

           

Original Contract Sum

$77,598.00

     Change Order No. 1 (04-22-2003)

+  3,378.46

 

 

Contract Sum To Date

$81,476.46

Gross Amount Due

81,476.46

Retainage

.00

Amount Due to Date

81,476.46

Less Previous Certificates for Payment

            .00

 

 

Current Payment Due

$81,476.46

 

            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”, and the Invoice as shown on Exhibit “B be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 10TH DAY OF JUNE, 2003.

 

ATTEST:                                                                      PRESIDENT OF THE COUNCIL

                                                                                     AND EX-OFFICIO MAYOR

CITY CLERK

 

8.         Approve Change Order No. 1 showing an increase in the amount of $39,144.00, Change Order No. 2 showing an increase in the amount of $4,250.00, and Change Order No. 3 showing an increase in the amount of $7,614.00 submitted by Carrothers Construction Company and approved by Larkin Aquatics for the construction of the Centennial Park Pool Renovation Project and approve Resolution No. 2003-81.

 

RESOLUTION NO. 2003-81

 

WHEREAS, Carrothers Construction Company has performed services in connection with the construction of the Centennial Park Pool Renovation Project; and

WHEREAS, the City's engineer, Larkin Aquatics, has filed with the City Clerk Change Order No. 1 showing an increase in the amount of $39,144.00, Change Order No. 2 showing an increase in the amount of $4,250.00, and Change Order No. 3 showing an increase in the amount of $7,614.00, as shown on Exhibits “A”, “B”, and “C” attached hereto and made a part hereof by reference as follows:

 

Original Contract Sum

$829,700.00

     Change Order No. 1 (06-10-2003)

+  39,144.00

     Change Order No. 2 (06-10-2003)

+    4,250.00

     Change Order No. 3 (06-10-2003)

+    7,614.00

 

 

Contract Sum To Date

$880,708.00

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order Nos. 1, 2, and 3 as shown on Exhibits “A”, “B”, and “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 10TH DAY OF JUNE, 2003.

 

ATTEST:                                                                      PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

9.         Approve Change Order No. 1 showing a decrease in the amount of $12,698.00 as submitted by Concrete Workers and approved by Kirkham Michael Consulting Engineers for the construction of the Yanney Heritage Park Pedestrian Trail and approve Resolution No. 2003-82.

 

RESOLUTION NO. 2003-82

 

WHEREAS, Concrete Workers, Inc. has performed services in connection with the construction of the Yanney Heritage Park Pedestrian Trail; and

WHEREAS, the City's engineer, Kirkham Michael Consulting Engineers, has filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $12,698.00, as shown on Exhibit “A”, attached hereto and made a part hereof by reference as follows:

 

Original Contract Sum

$54,361.75

     Change Order No. 1 (06-10-2003)

- 12,698.00

 

 

Contract Sum To Date

$41,663.75

 

            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 10TH DAY OF JUNE, 2003.

 

ATTEST:                                                                      PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

10.        Approve the Application for a Special Designated License submitted by KEARNEY COMMUNITY THEATRE in connection with their Class I-12229 Liquor License to dispense beer, wine and distilled spirits in the marked off area of the parking lot south of their building on June 27, 2003 from 5:00 p.m. until 9:00 p.m. and June 28, 2003 from 5:00 p.m. until 9:00 p.m. for a social event.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 6957 - REGONING north of 3301 2nd Avenue

 

Council Member Blankenship introduced Ordinance No. 6957, being Subsection 1 of Agenda Item VI to rezone from “District R-1, Urban Residential Single-Family District (Low Density)” to “District C-0, Office District” property described as Lots 12 and 13, Ragain's Subdivision to the City of Kearney, Buffalo County, Nebraska (north of 3301 2nd Avenue), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata.  Nay: None.  Hadley abstaining.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 6957 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata.  Nay: None.  Hadley abstaining.  Motion carried.  Ordinance was read by number.

 

Moved by Kearney seconded by Buschkoetter that Ordinance No. 6957 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Zapata, Buschkoetter.  Nay: None.  Hadley abstaining.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6957 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. 6958 – VACATE PORTION OF RAGAIN’S SUBDIVISION

 

Council Member Blankenship introduced Ordinance No. 6958, being Subsection 2 of Agenda Item VI to vacate Lots 10, 11, 12 and 13 except those portions conveyed to the State of Nebraska, Ragains Subdivision being a replat of Lot 21, Northwest Quarter School Section Addition; and to vacate a tract of land described in Warranty Deed Book 211, Page 393 and Page 597; AND to vacate that portion of Lot 21, Northwest Quarter School Section Addition (formerly known as part of Lots 10, 11, 12 and 13 (as described above) in Ragain’s Subdivision), all to the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata. Nay: None.  Hadley abstaining.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 6958 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata.  Nay: None.  Hadley abstaining.  Motion carried.  Ordinance was read by number.

 

Moved by Kearney seconded by Buschkoetter that Ordinance No. 6958 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Zapata, Buschkoetter.  Nay: None.  Hadley abstaining.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6958 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.

 

FINAL PLAT – GOOD SAMARITAN THIRD SUBDIVISION

 

Mayor Blankenship opened for discussion the Application submitted by John Gardner (Applicant) for Good Samaritan Hospital (Owner) for Final Plat approval for “Good Samaritan Third Subdivision” and to consider Resolution No. 2003-83 subject to the effective date of Ordinance No. 6958.  Planning Commission recommended approval.

 

George Volz was present to answer any questions from the Council.

 

Moved by Buschkoetter seconded by Zapata to approve the Application submitted by John Gardner (Applicant) for Good Samaritan Hospital (Owner) for Final Plat approval for “Good Samaritan Third Subdivision” and approve Resolution No. 2003-83 subject to the effective date of Ordinance No. 6958.  Roll call resulted as follows:  Aye: Blankenship, Zapata, Buschkoetter, Kearney.  Nay: None.  Hadley abstaining.  Motion carried.

 

RESOLUTION NO. 2003-83

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “GOOD SAMARITAN THIRD SUBDIVISION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

            BE IT FURTHER RESOLVED that 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 10TH DAY OF JUNE, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

CITY CLERK                                                                 AND EX-OFFICIO MAYOR

 

ORDINANCE NO. 6959 – REZONING 1832 AVENUE G

 

Council Member Hadley introduced Ordinance No. 6959, being Subsection 4 of Agenda Item VI to rezone from "District M-2, General Industrial District" to "District R-2, Urban Residential Mixed-Density District" property described as all of Lot 965 and the north 28.6 feet of Lot 966, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (1832 Avenue G), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Zapata seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  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. 6959 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Zapata seconded by Blankenship that Ordinance No. 6959 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Zapata, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6959 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. 6960 – CONDITIONAL USE PERMIT TO PLATTE VALLEY COMMUNICATIONS

 

Council Member Hadley introduced Ordinance No. 6960, being Subsection 5 of Agenda Item VI to grant a Conditional Use Permit to Dale Nispel for Platte Valley Communications (Applicant and Owner) to replace an existing 35-foot tower with a 50-foot communications tower on property zoned “District M-1, Limited Industrial District” and described as Lots 9, 10, and 11, George's Subdivision except a part of Lot 9, to the City of Kearney, Buffalo County, Nebraska (2215 Avenue I), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Zapata seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  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. 6960 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Zapata seconded by Blankenship that Ordinance No. 6960 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6960 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. 6961 – REZONING east side of Antelope Avenue and north of 3409 Antelope Avenue for 581.1 feet

 

Council Member Hadley introduced Ordinance No. 6961, being Subsection 6 of Agenda Item VI to rezone from "District AG, Agricultural District" to "District M-1, Limited Industrial District" property described as a tract of land being part of Government Lots 2 and 4 located in Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 5.01 acres, more or less, Buffalo County, Nebraska (east side of Antelope Avenue and north of 3409 Antelope Avenue for 581.1 feet), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Zapata seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  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. 6961 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Zapata seconded by Blankenship that Ordinance No. 6961 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6961 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. 6962 – REZONING west of 2nd Avenue and northeast of Office Max

 

Council Member Hadley introduced Ordinance No. 6962, being Subsection 7 of Agenda Item VI to rezone from "District AG, Agricultural District" to "District C-2, Community Commercial District" property described as a tract of land being part of the Southeast Quarter of the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 0.95 acres, more or less, Buffalo County, Nebraska (west of 2nd Avenue and northeast of Office Max), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Zapata seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  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. 6962 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Zapata seconded by Blankenship that Ordinance No. 6962 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6962 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. 6963 – AMEND CHAPTERS 13 AND 49 PERTAINING TO FURNITURE STORES

 

Council Member Hadley introduced Ordinance No. 6963, being Subsection 8 of Agenda Item VI to amend Section 13-107 “Commercial Use Types” of Chapter 13 “Use Types” to include furniture and appliance stores, and to amend Table 49-1 “Minimum Off-Street Parking Requirements” of Chapter 49 “Off-Street Parking” to include furniture and appliance stores and to decrease the minimum requirement for indoor sales, display or service area of the Unified Land Development Ordinance, being a part of the Code of the City of Kearney, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Zapata seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  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. 6963 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Zapata seconded by Blankenship that Ordinance No. 6963 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6963 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. 6964 – AMENDMENTS TO UNIFIED LAND DEVELOPMENT ORDINANCE

 

Council Member Hadley introduced Ordinance No. 6964, being Subsection 9 of Agenda Item VI to amend the following sections of the Unified Land Development Ordinance, being a part of the Kearney City Code to delete existing conflicts between Code sections and to make setback, landscape, and buffer areas uniform, to define uniform building standards for all commercial projects, to add needed definitions, to revise the sign ordinance, and to make other similar revisions to improve the efficiency and application of the ordinance: Section 3-501, Section 12-106, Section 12-121, Section 13-103, Section 14-112, Table 14-1, Section 18-102, Section 19-101, Section 19-102, Section 21-102, Section 22-102, Section 23-102, Section 24-102, Section 25-102, Section 26-102, Section 26-104, Section 26-105, Section 27-102, Section 28-102, Section 29-102, Section 30-102, Section 31-102, Section 32-102, Section 33-101, Section 33-103, Section 33-105, Section 45-104, Section 45-105, Section 45-106, Section 45-107, Section 46-105, Section 46-108, Section 46-113, Section 46-114, Section 47-102, Section 47-103, Section 47-104, Section 47-105, Section 47-106, Section 47-109, Section 47-110, Section 48-103, Section 48-104, Section 48-105, Table 48-2, Section 48-106, Section 48-107, Section 48-108, Section 49-102, Section 49-106, Section 49-108, Table 49-5, Section 50-102, Section 50-103, Section 52-104, Section 53-102, Table 53-1, Section 58-103, Section 59-102, Section 59-103, Section 59-110, and Section 59-114, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Zapata seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  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. 6964 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Zapata seconded by Blankenship that Ordinance No. 6964 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6964 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. 6965 – VACATE PLATTED BUILDING SETBACK IN PARK MEADOW ESTATES

 

Lance Lang presented this matter to the Council.  The applicant is pursuing approval of a building setback vacation for Lot 1, Block 4, Colonial Estates 4th Addition.  The street address is 4118 20th Avenue.  The setback line in question is the fifteen-foot platted building setback on the north side of the lot.  At one time there was a road platted (42nd Street) along this alignment but it has since been vacated.  The fifteen-foot setback is no longer necessary.  One half of the vacated right-of-way was added to the north side of the lot.  The Owner would like to build a garage on the lot.  There is no need to establish a new setback line; a detached garage could be built within three feet of the sideyard.

 

Council Member Blankenship introduced Ordinance No. 6965, being Subsection 10 of Agenda Item VI to vacate a 15-foot platted building setback along the north side of Lot 1, Park Meadow Addition being a replat of Lot 1, Block 4, Colonial Estates 4th Addition AND also the 15-foot platted building setback along the north side of Lot 1, Block 4, Colonial Estates 4th Addition all in the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Kearney, Zapata, Hadley, 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. 6965 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Kearney seconded by Buschkoetter that Ordinance No. 6965 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Zapata, Hadley, Buschkoetter, Kearney.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6965 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.

 

PAVING IMPROVEMENT DISTRICT NO. 2003-873 – AG DEFERMENT

 

Mayor Blankenship opened for discussion the application for deferral of special assessments submitted by Randall and Cynthia Stones in connection with Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive.

 

On March 25, 2003 the City Council approved Ordinance No. 6946 creating Paving Improvement District No. 2003-873 for 56th Street from a point 630’± west of Parklane Drive east to Avenue “N”.  Section 19-2429 of the Nebraska Revised Statutes provides any owner of record title to make application to the city council for deferral of special assessments within ninety days after creation of an improvement district. Such land shall be adjacent to the city, which is within an agricultural use zone and is used exclusively for agricultural use.  Randall A. Stones and Cynthia A. Stones, owners of real property abutting the said district has applied for a agricultural deferral from special assessments pursuant to Neb. Rev. Stat. §§19-2428 to 19-2431.

 

Funds necessary to pay for the construction of these improvements have been included in the budget.  The deferral of the special assessments shall continue unless terminated upon any of the following events: (1) notification by the owner of record title to the city council to remove such deferral; (2) sale or transfer to a new owner who does not make a new application within sixty days of the sale or transfer; (3) transfer by reason of death of a former owner to a new owner who does not make application within 125 days of the transfer; (4) the land is no longer being used as agricultural land; or (5) change of zoning to other than an agricultural zone.

 

Moved by Buschkoetter seconded by Hadley to approve the application for deferral of special assessments submitted by Randall and Cynthia Stones in connection with Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata.  Nay: None.  Motion carried.

 

PLANS AND SPECIFICATIONS FOR AVENUE E BOX CULVERT MODIFICATIONS

 

Mayor Blankenship opened for discussion the Plans and Specifications for the Avenue “E” Box Culvert Modifications and set the bid opening date for June 30, 2003 at 2:00 p.m.

 

Kent Cordes from Miller & Associates presented this matter to the Council.  As part of the recently completed Avenue E project a Box Culvert was constructed north of 52nd Street Place across Avenue E.  After the completion of this project the property owner on the east side of Avenue E proceeded to clean and reshape the drainage through his property lowering the flow line of the channel.  As a result, the down stream side of the box culvert has eroded away revealing the metal sheet piles supporting the box culvert.  The exposure of the metal sheet piles to the elements needs to be corrected and an additional drop structure added to stop the erosion to prolong the life of the box culvert,

 

The City is ready to advertise and receive bids for the modification of the Box Culvert on Avenue E at this time. The Engineer’s Opinion of Probable Construction Cost ranges between $15,000 and $35,000.  The work involved will be substantially complete on or before September 19, 2003.

 

Moved by Hadley seconded by Zapata to approve the Plans and Specifications for the Avenue “E” Box Culvert Modifications and set the bid opening date for June 30, 2003 at 2:00 p.m.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley.  Nay: None.  Motion carried.

 

NOMINATION TO FILL COUNCIL MEMBER JOSE ZAPATA’S POSITION

 

Mayor Blankenship opened for discussion the nominee to be submitted by Mayor Blankenship to fulfill the term to be vacated by Council Member Jose Zapata effective June 24, 2003.

 

On April 22, 2003, Council Member Zapata announced his intent to resign his position on the Council effective June 24, 2003.  At the May 13th Council meeting, the Council accepted the resignation, received the written Notice of Vacancy of Office, and authorized the City Clerk to publish said Notice of Vacancy.

 

In accordance with Section 32-569 of the Nebraska Revised Statutes, the Mayor shall, within four weeks of notice of vacancy, call a special meeting of the council or place the issue of filling the vacancy on the agenda at the next regular meeting at which time the Mayor shall submit the name of a qualified registered voter to fill the vacancy for the balance of the unexpired term. The Mayor has received letters, as well as phone contacts, from persons interested in fulfilling the vacancy.

 

In accordance with the Nebraska Revised Statutes, the Mayor shall submit the name of a qualified registered voter to fill the vacancy of the unexpired term at the meeting.  If there is a majority vote on the nomination of the qualified individual, it is with the understanding that the term will begin on June 24, 2003.  If there is not a majority vote, the Mayor shall submit at the next regular or special meeting, the name of another qualified voter until such time as there is a majority vote

 

Mayor Blankenship stated that he was pleased with the quantity and quality of the applicants that were received.  He was confident that all of them would serve the community very well.  Each of the applicants has unique skills they would bring to the Council.  He called all ten of them to express appreciation on behalf of the Council and the community.

 

His recommendation was Stan Clouse as Jose’s replacement on the City Council.  Mr. Clouse received the next highest vote to Council member Hadley in the election that was held seven months ago.  In addition to that, Mr. Clouse has some good experiences that separate him from the other applicants.  He currently serves on the City’s Board of Adjustment, former member of North Platte Planning Commission, and was an elected official with the Shelton Village Board.  Although there is a difference between the Shelton Village Board and the Kearney City Council, there is a similarity in the fact that he was an elected official and responsible to the community. Mayor Blankenship stated that he was intrigued by the fact that Mr. Clouse has some experience in that area, and the Council needs it because they are loosing a lot of experience with Jose.

 

Mayor Blankenship stated that during the campaign, Mr. Clouse attended virtually every Council meeting and many of the special events.  He observed that Mr. Clouse’s interest in serving on the Council has not waned since the election, but has intensified.  He believes that Mr. Clouse’s reputation in the community is near impeccable, and he is well respected.  He is active in the community, accessible to the citizens, and a hard worker. 

 

Mayor Blankenship stated that he believes that Council member Zapata’s seat is going to be a difficult one to fill, but with time and patience, Stan Clouse will do an outstanding job for this community.  Mr. Clouse was present at the Council meeting and Mayor Blankenship urged the consideration of his nomination.

 

Mayor Blankenship nominated Stan Clouse to fill the term of Council Member to be vacated by Jose Zapata effective June 24, 2003.

 

Council member Zapata thanked the Mayor for his work in the past couple weeks interviewing the candidates and making sure this was done right.  He believed he the Council always does things well.  He believes that Mr. Clouse is an outstanding candidate. He has been through the election process so he is “road tested”. 

 

Moved by Zapata seconded by Kearney to approve the nomination of Stan Clouse for the appointment to fill the term of Council Member to be vacated by Jose Zapata effective June 24, 2003. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Kearney, Zapata.  Nay: None.  Motion carried.

 

Mayor Blankenship declared the vacancy filled.

 

OPEN ACCOUNT CLAIMS --      NONE

 

There were no Open Account Claims.

 

VII.    REPORTS

 

WEST NILE VIRUS

 

Assistant City Manager John Prescott stated the City of Kearney is working on a campaign to do some public education regarding the West Nile Virus.  There will be flyers in the utility bills, information on Channel 7, and news releases to emphasize what the City is doing to control the mosquito population.  There will be information on the partnership that the City has with the Two Rivers Health Department, and some tips on what homeowners or property owners can do to help minimize the mosquito population. 

 

GRANT FOR RECYCLING BUILDING

 

Director of Utilities Kirk Stocker stated last week they received word that the City will receive a $225,000 grant from DEQ for their in-floor conveyor at the new Recycling Center.  The DEQ grants are funded through tire fees, tax on tires, some state tax on appliances, and for every ton of waste that is disposed of in the landfill; the City pays a fee to the state.  Since 1993, the City has received approximately $900,000, which included the Environmental Trust Fund Grant, which is funded by the lottery proceeds. 

 

TOWN HALL MEETING

 

Mayor Blankenship stated that next Tuesday night, June 17, 2003 there would be a Community Town Hall Forum at 7:00 p.m.  This meeting will be televised with access via the telephone.  He stated that this is an important opportunity for the community to share their thoughts and concerns.

 

TRANSPORTATION PLAN

 

City Planner Lance Lang stated the Conference of Plan Assistance Program is a grant that Public Works received from the State Department of Roads to do a computer model of the Transportation Network and the Long Range Transportation Plan. They selected Olsson and Associates as the engineer and the Council approved the contract.  The first meeting of the Task Force is scheduled for later this month.  Olsson and Associates will meet in conjunction with Marty Shukert’s Comp Plan and this would be a great time to address some of the City’s transportation needs.  This will be a step toward solving some of our transportation problems.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Kearney that Council adjourn at 8:50 p.m.  Roll call resulted as follows:  Aye: Blankenship, Zapata, Hadley, Buschkoetter, Kearney.  Nay: None.  Motion carried.

 

 

ATTEST:                                                                       BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK