Kearney, Nebraska

August 12, 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 August 12, 2003, in the Council Chambers at City Hall. Present were:  Bruce L. Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council Members Stan Clouse, Galen Hadley, Don Kearney.  Absent: Randy Buschkoetter. 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: Ron Huss, Jon Abegglen, Kurt Siedschlaw and wife, Dan Lindstrom, Trent Bosard, Dennis Echtenkamp, Larry Vogel and wife, Ron Ridgway, Ron Grapes, Joe Sobotka, Mike Snyder, Tye Marquardt, Steve Bennett, Gene Peterson, Tom McCarty, Kathy Suleiman, Neal Lewis, Dennis Scheer, Jack Garrison, Angela Williams, James Williams, Lavonne Loseke, Gilbert Loseke, Dick Pilakowski, Tammy Troyer, several Lighthouse Point Subdivision home owners, Mike Konz from Kearney Hub, Mike Cahill from KKPR Radio, and Police Officer Jay Fuller.

 

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

 

The Council held a moment of silence.

 

PLEDGE OF ALLEGIANCE

 

Boy Scout Ben Harms led the Council members and audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

CONDITIONAL USE PERMIT – JAYLENE BASHORE

 

Mayor Blankenship stated that the appeal filed by Betty Connell on the decision by the Planning Commission to grant a Conditional Use Permit to Jaylene Bashore (Applicant and Owner) to locate a Bed and Breakfast on property zoned “District ICMU, Interstate Corridor Mixed Use District” and described as Lot 9 of Block 4, Lake Villa Estates, an addition to the City of Kearney, Buffalo County, Nebraska (510 Huron Drive) has been withdrawn.

 

DEVELOPMENT PLAN - SLUMBERLAND

 

Mayor Blankenship opened the public hearing on the Application submitted by Jon Abegglen (Applicant) for Meadow Enterprise (Owner) for Planned District Development Plan Approval for the construction of a furniture store on property zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1, North Acre Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska, excepting the west 225.0 feet thereof, and further excepting a tract of land deeded to the State of Nebraska filed in Instrument 1999-2808 at the Buffalo County Register of Deeds Office (north of Sears and adjacent to Cottonwood Vet Clinic) and to consider Resolution No. 2003-116. Planning Commission recommended approval subject to the trade-off for the 5-foot building offset will be additional landscaping on the west side of the building, submission of a revised landscape plan prior to the City Council meeting, and that a deviation for the percentage of front yard parking be observed. Administration recommends that the design and computations for the stormwater detention cell must be submitted and approved by the City Engineer prior to the issuance of any building permits.

 

The Off-Street Parking section of the Unified Land Development Ordinance (UDO) was recently amended to establish new parking requirements for a furniture or large appliance store. Based on the new parking requirements, there are 53 parking spaces required and 59 provided. 

 

Design and computations for the stormwater detention cell must be submitted and approved by the City Engineer prior to issuance of any Building Permits. 

 

A Landscape Plan has been prepared showing landscaping around the detention cell and street trees on both sides of the frontage road. Although not required by code, a mixture of evergreen and deciduous trees are proposed between the proposed building and the west property line. Staff suggested a deviation in the size requirements for the plant material in order to facilitate landscaping on the west side of the property as a trade-off for the five foot building offset.  Planning Commission concurred. It will be preferable to get some landscaping installed now in anticipation of future development to the west. The UDO requires a minimum five-foot offset for every 100 linear feet of building façade to provide architectural articulation for large buildings. Building articulation is thus required on the north and west sides of the building. Since the west side of the building does not face a street, and in consideration of the previously discussed landscaping on the west side, staff supports a deviation in the offset requirement of the west façade and the Planning Commission concurred. 

 

The UDO limits the amount of off-street parking allowed in the front yard to 80 percent of the total required parking in this zoning district. On the proposed site plan 100 percent of the parking is in the front yard. It does not appear feasible to locate 20 percent of the required parking to the side or rear yard in this case. Staff suggests that a deviation from this requirement be granted by the Planning Commission and City Council based on the planned zoning designation if all other recommendations are met. Planning commission agreed.

 

Jon Abegglen was present to answer any questions. He indicated he was aware of the conditions and did not have a problem complying with them.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the Application submitted by Jon Abegglen (Applicant) for Meadow Enterprise (Owner) for Planned District Development Plan Approval for the construction of a furniture store on property zoned “District C-2/PD, Community Commercial/ Planned Development Overlay District” and described as Lot 1, North Acre Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska, excepting the west 225.0 feet thereof, and further excepting a tract of land deeded to the State of Nebraska filed in Instrument 1999-2808 at the Buffalo County Register of Deeds Office (north of Sears and adjacent to Cottonwood Vet Clinic) and approve Resolution No. 2003-116 subject to compliance of the following conditions: (1) design and computations for the stormwater detention cell must be submitted and approved by the City Engineer prior to issuance of any building permits; (2) the trade-off for the 5-foot building offset shall be additional landscaping on the west side of the building; (3) submission of a revised landscape plan; and (4) that a deviation for the percentage of front yard parking be observed. Roll call resulted as follows: Aye: Blankenship, Kearney, Hadley, Clouse.  Nay: None.  Buschkoetter absent. Motion carried.

 

RESOLUTION NO. 2003-116

 

            WHEREAS, Jon Abegglen (Applicant) for Meadow Enterprise (Owner) has applied for Development Plan Approval for the construction of a furniture store on property zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1, North Acre Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska, excepting the west 225.0 feet thereof, and further excepting a tract of land deeded to the State of Nebraska filed in Instrument 1999-2808 at the Buffalo County Register of Deeds Office (north of Sears and adjacent to Cottonwood Vet Clinic).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Jon Abegglen (Applicant) for Meadow Enterprise (Owner) for Development Plan Approval for the construction of a furniture store on property zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as Lot 1, North Acre Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska, excepting the west 225.0 feet thereof, and further excepting a tract of land deeded to the State of Nebraska filed in Instrument 1999-2808 at the Buffalo County Register of Deeds Office (north of Sears and adjacent to Cottonwood Vet Clinic) be approved subject to compliance of the following conditions: (1) design and computations for the stormwater detention cell must be submitted and approved by the City Engineer prior to issuance of any building permits; (2) the trade-off for the 5-foot building offset shall be additional landscaping on the west side of the building; (3) submission of a revised landscape plan; and (4) that a deviation for the percentage of front yard parking be observed.

PASSED AND APPROVED THE 12TH DAY OF AUGUST, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

LAND USE MAP AMENDMENT – 8TH AVENUE AND SOUTH RAILROAD STREET

 

This public hearing on amending the Land Use Map and the next public hearing rezoning the same property were discussed together but voted on separately.

 

Mayor Blankenship opened the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Urban Single Family Residential” to “Industrial” property described as Lots 13 and 14 of Block 2, Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (8th Avenue and South Railroad Street) and to consider Resolution No. 2003-117. Planning Commission recommended approval.

 

Director of Utilities Kirk Stocker presented this matter to the Council. The applicant is requesting approval of rezoning from R-3 to M-1. The UPRR right-of-way includes Lots 1, 2, 15, and 16 of Kearney Land & Investment Company’s Choice Addition. This application consists of two lots (Lots 13 and 14) that are owned by the City of Kearney and were formerly used as a well site. Sorensen Group is interested in leasing the land to use for a parking lot for construction equipment. They have a warehouse nearby on the north side of South Railroad Street.

 

Land Use Map Amendment

The rezoning request requires consideration of amending the Land Use Map of the Comprehensive Development Plan of the City of Kearney. The current land use is “Urban Single-Family Residential,” even though the area is more industrial in character. Rezoning the property to M-1 will require an amendment to land use category “Industrial.” This site seems suitable for industrial use given its location along the railroad corridor.

 

Rezoning

The applicant is requesting rezoning from R-3 to M-1 for the use of the property as a parking lot to park construction equipment. Staff believes that this site is appropriate for this use as long as it does not become outside storage of unsightly materials. Planning Commission was also concerned about the appearance of the lot if it is used for construction storage. The lease will be written such that parking and storage of equipment is allowable, but stockpiling materials is not. M-1 zoning will allow gravel surfacing of the lot. Side yard buffers and landscaping are proposed as required by the Landscape section of the Unified Land Development Ordinance. No buffer is required along the alley.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Hadley to close the hearing and approve the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Urban Single Family Residential” to “Industrial” property described as Lots 13 and 14 of Block 2, Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (8th Avenue and South Railroad Street) and approve Resolution No. 2003-117. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney.  Nay: None.  Buschkoetter absent. Motion carried.

 

RESOLUTION NO. 2003-117

 

            WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land described as Lots 13 and 14 of Block 2, Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (8th Avenue and South Railroad Street), from “Urban Single Family Residential” to “Industrial”, and

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

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

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Urban Single Family Residential” to “Industrial” the use classification for the area described as Lots 13 and 14 of Block 2, Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (8th Avenue and South Railroad Street).

            PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – 8TH AVENUE AND SOUTH RAILROAD STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by City of Kearney (Applicant and Owner) to rezone from “District R-3, Urban Residential Multi-Family District (Medium Density) District” to “District M-1, Limited Industrial District” property described as Lots 13 and 14 of Block 2, Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (8th Avenue and South Railroad Street). Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Blankenship to close the hearing and approve the Application submitted by City of Kearney (Applicant and Owner) to rezone from “District R-3, Urban Residential Multi-Family District (Medium Density) District” to “District M-1, Limited Industrial District” property described as Lots 13 and 14 of Block 2, Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (8th Avenue and South Railroad Street). Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney.  Nay: None.  Buschkoetter absent. Motion carried.

 

FINAL PLAT – LIGHTHOUSE POINT SEVENTH ADDITION

 

This public hearing for final plat approval and the next public hearing including the same property into the corporate boundaries were discussed together but voted on separately.

 

Mayor Blankenship opened the public hearing on the Application submitted by Jeffrey Orr, Attorney (Applicant) for DT Development Inc. (Owner) for final plat approval for “LIGHTHOUSE POINT SEVENTH ADDITION” of a tract of land being part of the North Half of the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10.24 acres, more or less, Buffalo County, Nebraska (adjacent to Country Club Lane, west on 48th Street and east on 48th Street Place) and to consider Resolution No. 2003-118. Planning Commission recommended approval subject to the trail installation agreement being submitted prior to the Council meeting.

 

The Applicant is requesting approval for the final phase of Lighthouse Point subdivision, Lighthouse Point 7th Addition. This phase contains approximately 10.24 acres or 18 single-family lots located in the northeast corner of the subdivision along both sides of 48th Street and 48th Street Place.

 

Subdivision Plat

The applicant is requesting approval of the Final Subdivision Plat for Lighthouse Point 7th Addition. The Preliminary Plat and Public Works Plan were previously approved. A network of hike-bike trails was originally part of the Lighthouse Point Development Agreement executed in 1993. Outlots have been reserved on the Final Plat of each phase of the Lighthouse Point development for the construction of said trails. Since this is the final phase of the single-family development and no trails have been constructed to date, staff recommends that an agreement pertaining to trail construction be submitted to the Public Works Department prior to the Council hearing. Mr. Ridgway indicated at the Planning Commission hearing that trail design was underway at Miller & Associates office, so it appears that the agreement should be forthcoming. A copy of a letter from Miller & Associates to DT Development (Jeff Orr) showing that plans and specifications are completed was provided to the Council. A copy of a letter from Jeff Orr to the City expressing DT Development’s commitment to honor its agreement to building the trails was also provided to the Council. The Public Works Department can withhold building permits until the matter is resolved, if necessary and if so directed by the Council.

 

Annexation

The proposed subdivision is located adjacent to the city limits and all municipal services are available. Therefore, if the 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. This is the last section for single family housing for this subdivision.  The plans and specs for the trail design have been submitted, but he did not have information about the negotiation process.

 

Council Member Clouse stated that in 2002, there was an amendment approved by the City that waived a lot of things in the original agreement. It requested, at that time, the construction, landscaping and contouring of the Hike/Bike Trail be completed within one year of the execution of the amendment. He asked why they waited until this plat was presented to do these things? These should have already been done.

 

Attorney Dan Lindstrom stated that his partner, Jeff Orr, has been the primary attorney working on this case. Mr. Lindstrom stated that it is his understanding from visiting with Mr. Orr and the information in the Council packet, apparently there was some concern about getting the engineering done right and it was taking longer than expected. When the agreement was amended, it called for the trail to be constructed by the end of May 2003, but for whatever reason they had a delay in getting that engineering done. In the packet is a letter from Miller and Associates indicating that the engineering has been completed and by August 15th, all the contractors will have the chance to complete their bids and get them submitted. Mr. Orr indicated that there are five contractors who are looking at this project and they are aware of at least three that will be submitting bids. 

 

Mr. Lindstrom stated the trail would be built shortly.  He believed that the confusion started with somewhere in a staff memorandum at the Planning Commission level there had been a comment that there needed to be some new agreement. There already was an agreement in place and a new agreement was not necessary. The question was, when would the developer comply with that agreement? In visiting with staff, he believed that they were satisfied that this was moving along at a satisfactory pace.  

 

Director of Public Works Rod Wiederspan commented that a number of the staff had been working on this. The plans have been submitted and have been reviewed to go out for bids on the sidewalk. In the resolution, it is stated that the final plat will not be filed until such time as the Hike/Bike Trail is installed and in place. He stated there would be no building permits issued on the new section until the trail is installed. He confirmed that the letter from Miller and Associates and the letter from Jacobsen, Orr, Nelson satisfy the request of the Planning Commission for a “trail installation agreement”.

 

His understanding is the agreement was amended in part at the City’s request.  There were a number of requirements in the 1992 agreement that were taken out which was in full agreement between the City and the developer.

 

Council Member Clouse asked if the homeowner association representation issue had been addressed?

 

Mr. Lindstrom responded he is not clear on the issue with regard to the homeowners association.  He stated that a group of homeowners were present at this meeting, who may or may not be members of the homeowners association.  They have an issue about some things that do not relate to this application; and he did not believe that they have any bearing on the two agenda items before the Council.

 

Mr. Lindstrom stated that there is a homeowners association that has been incorporated and is operating. Public areas have been deeded to that homeowners association and they have the responsibility for maintaining those areas. There seems to be some question in the minds of some of the homeowners as to whether they want to be responsible for some of those public areas. The original agreement between the City and the developer was that the City would be responsible for those areas and now the City does not want to be responsible. 

 

Council Member Kearney stated that he believes these are legal issues and not something to be interpreted by the City Council. 

 

Mr. Lindstrom agreed that this was not the forum to be deciding on how that document ought to be interpreted from a legal standpoint. He did not see any remedy that the Council could provide to the folks who want to raise these homeowner association issues because those are contractual. 

 

Kurt Siedschlaw, 4404 29th Avenue, read the following statement into the record:

 

“As a member of Lighthouse Point Homeowners Association, a member of the board of directors of Lighthouse Point Homeowners Association, and president of that board, he appears on behalf of the board of directors and the owners living in Lighthouse Point subdivision.  They present to the Kearney City Council a statement earnestly encouraging that the approval of proposed Lighthouse Point 7th Addition be tabled until such time as concerns of the membership of Lighthouse Point owners association have been addressed.  The opposition to the development and sale of any additional lots at this time is based upon the following concerns:  On August 10th, Kearney City Council voted on and approved Resolution 93-160. The Resolution laid out certain rights and responsibilities related to the development of Lighthouse Point, an addition to the City of Kearney. On May 28, 2002, Resolution 2002-138 was passed by the Kearney City Council, which modified Resolution 93-160.  Although many deletions were made in the original Resolution that removed the City of Kearney as being responsible for the maintenance and upkeep of certain portions of the approved 1993 agreement. The Resolution of 1993 is still valid and binding. While the City responsibility for maintenance and upkeep was deleted from several portions in 2002, the agreement of 1993 to develop aspects of Lighthouse Point, such as a lake shall be constructed to the City’s design subject to the owners approval and accordance to Lighthouse Point Plat still are required in the 1993 Resolution. The agreement made by DT Development within this approved Resolution, the agreements have not been completed nor upheld. On August 10, 1993 within that Resolution 93-160 was approved by the City of Kearney related to Lighthouse Point Addition. An agreement was accepted and approved; the copy of that Resolution Agreement is on record with the City files. This agreement made between DT Development Inc. and the City of Kearney essential elements of this Lighthouse Subdivision Agreement include in Paragraph 3, “DT Development was to pay for all construction costs for items specifically sited herein as being the responsibility of the owner of the subdivision.”  Paragraph 5, “DT Development was to construct a lake on Lot 5 of Block 1, on the final Lighthouse Point Plat and on adjacent City property currently known as Ted Baldwin Park. The lake shall be constructed to the City’s design subject to the owners’ approval and accordance with Lighthouse Point Plat.”  The following sentence was deleted in 2002, which is “Upon completion, inspection, and acceptance by the City, the lake shall be dedicated to the City which shall thereafter be responsible for the maintenance and upkeep of said lake except as to the lakeshore along all private property as provided by law.

 

Going back to the 1993 Resolution, Paragraph 8, to construct a well and associated piping and other related work for replenishing lake’s water level as needed, such level to be maintained at a minimum pool level to be determined during the design of said lake except as provided below; the construction of the well and associated piping and all associated work shall proceed in accordance with the City’s design, subject to the owner’s approval. The last paragraph was deleted in 2002, holding the City responsible for maintenance of that well and piping. 

 

Various other paragraphs within this agreement set out many development activities that would be completed by the developer and turned over to the City. Material elements of the 1993 Development Agreement have failed to be completed. On May 28, 2002, Resolution 2002-138 was passed and approved by the Kearney City Council. That Resolution accomplished the following:  again deleting the City responsibility in regards to the lake and the well. 

 

Conversations with the City Attorney and members of the Park Department provided the following explanation for the Resolution of May 28, 2002. During the construction process events developed that did not comply with the engineering specifications and expectations for construction of the lake. The City would not accept the lake because it failed engineering expectations. No notice was given to lot or homeowners of Lighthouse Subdivision that the above action was taking place.  No lot or homeowner that purchased lot prior to May 28, 2002 had ever been informed of any problems with the development when they purchased their lots or houses. No notice was given that there were to be material changes to Lighthouse Point Subdivision agreement. The City of Kearney, apparently owns two lots in Lighthouse Subdivision. The covenants for all lots (they are not asking a City Council to interpret these) for all homeowners in Lighthouse Point Subdivision require that the owners be members of the Lighthouse Point Owners Association.  Prior to June 2002, no home or lot owners were given notice of assessments or fees for Lighthouse Point Owners Association. During 2002, the officers at Lighthouse Point Owners Association at that time resigned. In June 2002, DT Development stopped paying any bills related to the homeowners association. From the fall of 2002 to May 2003 there were no officers of record for Lighthouse Point Owners Association. In May 2003, the required annual meeting of Lighthouse Homeowners Association was convened.  The home and lot owners that were present at the meeting, elected a new board of directors. In subsequent action, Lighthouse Point Homeowners Association board of directors issued assessments to lots and homeowners for fees related to common areas of the boulevards. Through retained counsel, it was learned that the covenants for all six additions to Lighthouse Point Subdivision, gave no notice and did not allow for the assessment of fees for expenses maintaining or paying any costs for Lighthouse Point Lake.  Prior to May of 2002, all homeowners of Lighthouse Point were given the understanding that the provisions of Resolution 93-160 giving responsibility for construction of the lake to DT Development and maintenance of the lake to the City were fact. On July 22, 2003, counsel for DT Development filed a warranty deed with Buffalo County Register of Deeds that document conveyed ownership of Lot 5, Block, Lighthouse Point, and the lake, to Lighthouse Point Homeowners Association, Inc. The real estate transfer statement provided the following information; it indicated that the property warranty deed was dated January 25, 2002; it indicated that the sale date of the property was recorded January 25, 2003, and the filing date was July 22, 2003.

 

 DT Development has dumped the lake and related construction, engineering development, and maintenance issues on the homeowners of Lighthouse Point without notice. DT Development and its counsel have not seen fit to meet with Lighthouse Point Homeowners Association or its board of directors even though counsel for Lighthouse Point has made repeated requests over several months for such a meeting. The covenants that were created by the developer do not give notice for responsibility for the lake and do not allow assessments of fees related to the lake. There are many major material issues and legal matters that need to be resolved related to the current six additions to the Lighthouse Point Subdivision.  Few if any of the homeowners are satisfied in the manner in which DT Development representatives have dealt with their customers concerns. It would be wrong and contrary to public interest to award approval for another twenty lots in Lighthouse Point Subdivision 7th addition to be sold to citizens when there are more than one hundred owners within the first six additions with serious major concerns and legal issues pending with DT Development which are related to the City of Kearney Resolution 93-160. The current owners of homes and lot of Lighthouse Point earnestly request that the approval for Lighthouse Point 7th Addition be tabled until existing issues are resolved.  Lighthouse 7th is an integral part of the first six additions. 

 

There are a list of issues and concerns; at this point they felt that it would be unfair to the public to put lots for sale for which there are concerns. They are not asking for legal interpretation. They are asking that procedurally that they be able to get together with DT Development, the City and with representatives of the Homeowners Association and work out a resolution. They are not interested in litigation, but they have not been able to get the developer to the table with our counsel in the last three months. So when this came to public hearing that there would be a possibly be twenty more landowners, who will run into the exact same problems, we don’t feel that it would be appropriate to approve that until those issues are resolved.”

 

Mr. Siedschlaw stated that it was only last Monday, August 4th, that he checked with the Register of Deeds and found out about the transfer of the lake. To his knowledge, nobody in the association was notified of the transfer. He stated that they have talked with City Park people, Mike Kelley, and other City Staff. They want to resolve this situation and believe that the City is a part of the solution, but they don’t believe that this needs to go to litigation. They believe that it can be worked out, but they need more than the City people at the table. 

 

Council Member Hadley questioned whether the City should be involved in using the 7th Addition as leverage against the developer.

 

City Manager Johnson stated that the two lots that the City owns are related to the drainage way to the lake. The City is still trying to make the determination whether it is appropriate to hold on to those lots or to deed them back to the homeowners.  

 

City Attorney Mike Kelley stated that the agreement actually calls for the City to transfer one of the lots and the northern part of another, but they have not had the survey until recently. The agreement states “an arbitrary line which had to be surveyed”. They have recently received that and it would have regularly come before the Council to transfer them back to DT Development as part of the agreement. The northern part of Lot 19 is part of the park, under the agreement the City kept that part and was to transfer the other two back. Now there is some question as to whether that should remain the City’s.

 

Mr. Lindstrom stated that in summary the homeowners question is, “what notice should they have had and did they have sufficient notice that the City was not going to take over the lake?” He stated that he thinks that these are legal issues to the extent that the association has issues that they want to discuss with the developer.  Mr. Siedschlaw has given his version of the facts and there are many other people who are involved with this situation, who are not here at this meeting, including the association’s counsel.  Mr. Lindstrom stated that he knows for a fact that the association’s counsel has had a conversation with Attorney Jeff Orr.  He also stated that he knows that Mr. Siedschlaw has had a conversation with Mr. Orr which took place outside of the City Council Chambers even though he might not be satisfied with the outcome of that conversation. Those are not issues that the City Council can do anything about and he believes it is unfair for the Homeowners Association to try to use this opportunity to leverage those discussions. He stated that he believes that is totally foreign to the issues before the Council and he asked that those issues and complaints be disregarded.

 

Mr. Lindstrom concluded by saying that at some point down the road if a discussion needs to take place then he committed on behalf of the developer that will happen.  At this point, there have been discussions between counsels which are the appropriate place for those to happen.  Until the Association tells them that they don’t have counsel and wants to visit with our legal counsel that’s ethically what needs to be done.

 

Jack Garrison, 2819 West 44th Street, stated that he wanted to register an objection to Mr. Lindstrom’s characterization that the people attending this meeting may or may not be members of the Homeowners Association. Since Mr. Lindstrom has never met with any of them, he believed that it was unfair of him to presume that he knew what their intentions were in attending this meeting.

 

Mr. Siedschlaw stated that a week ago Monday, he met with Dan Bahensky, counsel for the association.  He brought to his attention the transfer of property of the lake and Lot 5 in the Subdivision. Mr. Bahensky indicated that he had never seen it before. Mr. Bahensky said that he had received communication from Jeff Orr that he would not meet with the Homeowners Association and saw no benefit or purpose to it. This was the same day that he had transferred the lake to the Homeowners Association. 

 

Mr. Siedschlaw stated that he is an attorney, although he does not maintain a conventional practice because he is a teacher. He stated that he is a person that wants to seek resolution, solve problems, and does not want to create them for twenty more people. He stated that the City is an owner (whether the lots are turned back or not) in the subdivision, and are involved. The agreement between the City and developer laid the foundation for this. He stated that the City is getting a direct benefit from a Hike/Bike Trail that runs across the back of twenty some homeowners’ lots.  When the City encountered problems with the lake, they turned it back by resolution; however the City is still a land owner in the subdivision.

 

Mayor Blankenship stated that the criteria set out for this addition has been met according to City Code.  He stated that the dilemma is how the Council can turn this application down when it has met all criteria that any other subdivision has met that has been approved? He wants to see this agreement worked out between the developer and the people of the Homeowners Association. However, he could not, in good conscience, hold up another portion of this subdivision based on that because of what has been done historically. It is difficult in this position not to be judgmental, but to make decisions based on state statutes and city ordinances.

 

Council Member Hadley stated that the public will now be aware of the situation with the lake and so future buyers of these lots would have that information before deciding to purchase. It is his understand that since the Council is just approving this addition, then the lots have not been sold yet. Mr. Siedschlaw stated these lots are on a website and have been marketed, but he does not know if they have been sold.   

 

City Attorney stated that the issue before the Council is jurisdictional, which means they only have the authority to do what is before them. In this case, final plat approval and inclusion in the corporate boundary is the issue. He has heard from several Council members that they are reluctant to get beyond that point. If the developer has properly followed the code requirements and requested our approval, he probably has some right to have that approved. He believes that the Council is reading this issue correctly. The issues that have been presented could be mediated between the parties (outside the Council) and are not appropriate for the Council to deal with at this meeting. He acknowledged that the property owners, who believe they have serious issues, probably are having a hard time understanding the City’s position on this.  Under the agreement as it stands today, the City has a legal amended agreement dated May 28, 2002 and the only thing that has not been done by the developer as far as the contract position is the completion of the Hike/Bike Trail. The issue of the Hike/Bike Trail has been dealt with in the Resolution being presented to the Council at this meeting.

 

Council Member Clouse stated that he believes the City is at greater risk of representing the rest of the community by deviating from the issue that is in front of them.

 

Kristi Mendez 1701 West 35th Street stated that she does own a lot at Lighthouse Point and her house is currently being built.  She wanted to know what the point of a public hearing is if the decision is based only on what the developer has to do.  Mayor Blankenship said the point is that the Council is required by law to have public hearings for a variety of things. Each citizen has a right to come to Council and voice concerns. That does not necessarily mean that every person is going to like the answer that is given.  

 

Tammy Troyer, 2715 West 47th Street, stated that she also owns a home at 5408 Avenue K, which is involved in the issue of the apartment complex on Avenue E, which was before the Council a few months ago. At the time the Planning Commission recommended to deny it, yet the City Council overturned that decision and approved it.  She stated that she believes as a tax payer and voter that the Council is looking at the big picture and not at the small people that own the property.    

 

Lavonne Loseke, 2404 West 47th Street, stated that they purchased the first lot in Lighthouse Point Subdivision and they built the first house and enjoy it very much.  Things have not gone the way they were suppose to according to the covenants that they received. Their understanding was there was going to be a Homeowners Association. In 1996 they tried to get together with the developer and they didn’t show. In 2002, they got the notice DT was not paying for anything more. As far as the hearing that was done with the Planning Commission, there is a little sign at the dead end of Country Club Lane about the meeting, which she didn’t see until two days after the meeting. A few weeks later, she checked out the sign again and saw this hearing date which is why she was attending.

 

Angela Williams, 2404 West 43rd Street Place, stated they are new to Kearney and have resided at Lighthouse Point only about four weeks. She read the covenants before they purchased the property. She is not saying that the City should decide one way or the other on this matter, but wondered why the developer can run rampant if they have not fulfilled their commitments. She does want to use it as legal leverage, but believes that the City should not allow a developer, who has not lived up to their commitments, to continue to do business in the community. She believes that this is an ethical issue. 

 

Dick Pilakowski, 2812 West 44th Street, stated that he has lived in the development for over a year and he knows they have tried on a number of occasions to meet with this individual to discuss the issues or just to visit and that never happened.  He believed that the City is saying by approving this new addition that the developer is going to “meet the letter of the word”.  He has failed to do so in the last six additions and he believes he won’t with the 7th Addition.

 

Mr. Pilakowski repeated that the City is a landowner and a party to this subdivision.  Since there might be a conflict for the Council to vote on this either way, he asked that the issue be tabled and get more information. He commented about the City being worried about the legal issues, he asked about the hundred people that have issues and the other twenty that will become involved. The Council is supposed to represent the constituency and he could not understand how they could let this happen. This is not a legal issue yet, but believed this is the time to sit down and talk about these issues. The Council has a fiduciary responsibility to each taxpayer and citizen of Nebraska.  He believed that had the Planning Commission had all the facts that they would not have made their recommendation.  Maybe that would have been a point to get the developer back at the table. 

 

Council Member Clouse stated as a representative of the entire community he must follow legal counsel in the fact that the developer has met criteria for this addition.  There is enough public outcry that has been generated, that the developer would have a hard time selling these new lots without taking action.

 

Moved by Blankenship seconded by Kearney to close the hearing and approve the Application submitted by Jeffrey Orr, Attorney (Applicant) for DT Development Inc. (Owner) for final plat approval for “LIGHTHOUSE POINT SEVENTH ADDITION” of a tract of land being part of the North Half of the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10.24 acres, more or less, Buffalo County, Nebraska (adjacent to Country Club Lane, west on 48th Street and east on 48th Street Place) and approve Resolution No. 2003-118 subject to the precondition that DT Development shall complete the construction of a trail system through Lighthouse Point Subdivision in compliance with the terms, conditions and provisions of the 1993 Lighthouse Subdivision Agreement as amended by the May 28, 2002 Amendment to Lighthouse Subdivision Agreement. Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Hadley.  Nay: None.  Buschkoetter absent. Motion carried.

 

RESOLUTION NO. 2003-118

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “LIGHTHOUSE POINT SEVENTH 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 subject to the precondition that the Developer, DT Development, complete the construction of a trail system through Lighthouse Point Subdivision in compliance with the terms, conditions and provisions of the 1993 Lighthouse Subdivision Agreement as amended by the May 28, 2002 Amendment to Lighthouse Subdivision Agreement.

            PASSED AND APPROVED THIS 12TH DAY OF august, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

INCLUDE IN CORPORATE LIMITS – LIGHTHOUSE POINT SEVENTH ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Jeffrey Orr, Attorney (Applicant) for DT Development Inc. (Owner) for the inclusion of “LIGHTHOUSE POINT SEVENTH ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the North Half of the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10.24 acres, more or less, Buffalo County, Nebraska (adjacent to Country Club Lane, west on 48th Street and east on 48th Street Place) and to consider Resolution No. 2003-119. Planning Commission recommended approval.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the Application submitted by Jeffrey Orr, Attorney (Applicant) for DT Development Inc. (Owner) for the inclusion of “LIGHTHOUSE POINT SEVENTH ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the North Half of the Southwest Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., containing 10.24 acres, more or less, Buffalo County, Nebraska (adjacent to Country Club Lane, west on 48th Street and east on 48th Street Place) and approve Resolution No. 2003-119 subject to the final plat being filed with the Register of Deeds. Roll call resulted as follows: Aye: Blankenship, Kearney, Hadley, Clouse.  Nay: None.  Buschkoetter absent. Motion carried.

 

RESOLUTION NO. 2003-119

 

WHEREAS, an Application has been submitted by Jeffrey Orr, Attorney (Applicant) for DT Development Inc. (Owner) for the inclusion of “LIGHTHOUSE POINT SEVENTH ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the North Half of the Southwest Quarter of Section 27, 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 Outlot “C”,  Lighthouse Point Sixth Addition, an addition to the City of Kearney, said place of beginning being on the North line of the Southwest Quarter of said Section 27; thence N89º26’19”E on the aforesaid North line a distance of 1172.44 feet to the Northwest corner of Lot 5, Block 1, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska; thence S15º32’07”E along the West line of said Lot 5 a distance of 128.05 feet; thence S24º42’W continuing on the aforesaid West line a distance of 116.7 feet; thence S33º21’W on said West line a distance of 231.81 feet to the Northeast corner of Lot 2, Block 1, Lighthouse Point Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence S89º55’W along the North line of the aforesaid Lighthouse Point third Addition a distance of 316.65 feet to the East line of Country Club Lane, a street in the City of Kearney, Buffalo County, Nebraska; thence N00º08’15”W along the aforesaid East line a distance of 40.65 feet; thence S89º55’W a distance of 80.0 feet to the Northeast corner of Lot 1, Block 2, Lighthouse Point Fifth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence S89º55’W along the North line of the aforesaid Lighthouse Point Fifth Addition a distance of 614.64 feet to the Southeast corner of Lot 1, Block 1, Lighthouse Point Sixth Addition; thence N00º05’W along the East line of the aforesaid Lot 1, Block 1 a distance of 164.99 feet to the centerline of 48th Street, a street in the City of Kearney, Buffalo County, Nebraska; thence S89º55’W along said centerline a distance of 18.55 feet; thence N00º05’W a distance of 30.0 feet to the Southeast corner of Lot 1, Block 2, Lighthouse Point Sixth Addition; thence N00º05’W along the East line of said Lighthouse Point Sixth Addition a distance of 177.39 feet to the place of beginning. Containing 10.24 acres, more or less, Buffalo County, Nebraska (adjacent to Country Club Lane, west on 48th Street and east on 48th Street Place); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on July 15, 2003 on the inclusion of “LIGHTHOUSE POINT SEVENTH 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 “LIGHTHOUSE POINT SEVENTH ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska; and

            WHEREAS, the developer, DT Development, has committed tin prior agreements with the City, to design and build a trail system throughout the Lighthouse Point Subdivisions; and

            WHEREAS, Lighthouse Point Seventh Addition is the final segment to be platted and the said trail system in not yet completed; and

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on August 12, 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 “LIGHTHOUSE POINT SEVENTH 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 “LIGHTHOUSE POINT SEVENTH 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 12TH DAY OF AUGUST, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING - NORTH OF 60TH STREET ADJACENT TO 2ND AVENUE TO THE EAST

 

This public hearing and Public Hearings 7, 8, 9 and 10 will be tabled until August 26, 2003 to allow the applicants and owners additional time to work out the details required by the Planning Commission.

 

Moved by Blankenship seconded by Kearney to table until August 26, 2003 the Application submitted by Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta Corrigan as General Partner (Owner) to rezone from “District A, Agricultural District” to “District C-2/PD, Community Commercial/Planned Development Overlay District” property described as a tract of land located in the Northwest Quarter and the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 24.485 acres, more or less, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the east). Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney.  Nay: None.  Buschkoetter absent. Motion carried.

 

FINAL PLAT – INGALLS CROSSING THIRD ADDITION

 

Moved by Blankenship seconded by Kearney to table until August 26, 2003 the Application submitted by Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta Corrigan as General Partner (Owner) for final plat approval for “INGALLS CROSSING THIRD ADDITION” of a tract of land located in the Northwest Quarter and the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 24.485 acres, more or less, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the east). Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney.  Nay: None.  Buschkoetter absent. Motion carried.

 

INCLUDE IN CORPORATE LIMITS – INGALLS CROSSING THIRD ADDITION

 

Moved by Blankenship seconded by Clouse to table until August 26, 2003 the Application submitted by Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta Corrigan as General Partner (Owner) for the inclusion of “INGALLS CROSSING THIRD ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land located in the Northwest Quarter and the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 24.485 acres, more or less, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the east). Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney.  Nay: None.  Buschkoetter absent. Motion carried.

 

PLANNED DEVELOPMENT PLANS FOR MENARDS - 2ND AVENUE AND 65TH STREET

 

Moved by Blankenship seconded by Clouse to table until August 26, 2003 the Application submitted by Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta Corrigan as General Partner (Owner) for Planned District Development Plan Approval for the construction of a home improvement center on property to be zoned “District C-2/PD, Community Commercial/Planned Development Overlay District” and described as a tract of land located in the Northwest Quarter and the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 15.584 acres, more or less, Buffalo County, Nebraska (2nd Avenue and 65th Street). Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney.  Nay: None.  Buschkoetter absent. Motion carried.

 

LAND USE MAP – NORTH OF 16TH STREET, BETWEEN 16TH AVENUE AND 17TH AVENUE

 

This public hearing amending the Land Use Map and the next public hearing rezoning the same property will be discussed together but voted on separately.

 

Mayor Blankenship opened the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Urban Single Family Residential” to “Commercial” property described as part of Lot 1 of Block 2, and part of Lot 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street, between 16th Avenue and 17th Avenue) and approve Resolution No. 2003-123. Planning Commission recommended approval.

 

The applicant is pursuing approval of revised subdivision platting for property located north of 16 Street between 16th and 17th Avenue. This property is currently zoned M-1 and the applicant would like to rezone the parcel to a better transitional use between the existing residences to the south and the industrial zoning to the north. The rezoning application is for C-0, Commercial Non-Retail District.

 

Vacation

Portions of the existing subdivision known as “G & K Addition” must be vacated so that the land can be replatted as “G & K 2nd Addition.”

 

Subdivision Plat

The applicant is requesting approval of the Final Plat for a four-lot subdivision to be known as G & K 2nd Addition. The Preliminary Plat was approved by the Planning Commission on July 18, 2003. The property is located on the north side of 16th Street between 16th and 17th Avenues. A Public Works Plan was previously submitted and approved. A Subdivision Agreement is not required.

 

Land Use Map Amendment and Rezoning

The applicant is requesting C-0 zoning which would allow office buildings, multi-family, duplexes or single-family homes to be built. This rezoning request requires a change in the Land Use Plan of the Comprehensive Development Plan for the City of Kearney from “Urban Single-Family Residential” to “Commercial.” Although it may seem that this office zoning is isolated in a residential district, C-0 zoning is more compatible with residential land uses than the M-1 Industrial that is currently in place. Also, 17th Avenue is the selected alignment for a future grade separated railroad crossing and C-0 zoning would be appropriate in this context.

 

There shall be no curb cuts onto 17th Avenue from Lot 4 as the right-of-way is being protected for the future overpass. A note shall be added to the Final Plat stating this access restriction

 

Ron Ridgway from Miller & Associates presented this matter to the Council. He stated that this area is intended to be residential at this time. There is a possibility they might way to put an office for storage buildings located to the north on one of the lots. Planning Commission recommended the C-O zoning because of the location.  In the future, it is possible that with 17th Avenue going through this might be better for commercial than residential. 

 

Attorney Mike Snyder, representing Pueblo Chemicals and Huss Platte Valley Auction, stated that their concerns about the rezoning mainly apply to the intended use of the property. They have an established zoning buffer now between 16th Street and the UAP Pueblo and the Huss Platte Valley Auction premises.  That M-1 buffer is buffered from the R-1 to the south of it, which is most of the R-1 residential use south of 16th Street by predominantly duplexes.  There is a buffer in place and they would like to keep it.  Another concern is the population density in that area.  The third issue is safety for the people, who use our businesses and the safety of the people who live in that area.

 

Mr. Snyder stated they voiced these concerns in 1994 and 1995 when the developer tried to rezone it to residential. At the time when the developer stated that its intended use was residential there was a significant outcry from members of the Centennial Park community, south of 16th Street.  They (knowing full well) what uses could be allowed in M-1 preferred that the property stay M-1 instead of R-2.  He recalled Mr. Sayer carried a petition that had almost 70 percent of the homeowners opposed to it at that time. He understands that there was no one present at the Planning Commission opposing this rezoning, but he wondered if people were aware of the hearing.  He believed that if the intended use was actually a commercial use, he didn’t think anyone would care. In fact, he didn’t think that his clients would oppose a commercial use in that area.

 

In 1994, the developer that owns all the land north of 16th Street and south of Huss Platte Valley Auction and UAP premises asked to rezone the entire area to R-2.  Planning Commission authorized a change in the application from R-2 to RP-2.  The developer withdrew the application. Mr. Snyder concluded from this it was because the developer did not want to deal with “planning” in that particular area. 

 

In 1995, the developer came back with another plat requesting to develop a strip of land north of 16th Avenue into R-2 lots. The proposal was that they were going to put one townhouse on each lot and they would share a common medium lot line and a common wall. The developer stated “it was not their intention to build duplexes that are rented”. According to the Planning Commission minutes, “if you have M-1 zoning beside you, and you are a single family townhouse owner, it is a real detriment.” The Planning Commission recommended the request for rezoning be denied. The developer again withdrew the application to rezone. Mr. Snyder concluded that because of the resistance of the business owners there and of the people who live in that community, and because of the reluctance of the Planning Commission to permit residential or the developer to agree to planned residential use, the applications were withdrawn.

 

That was eight years ago and now this is the third zoning application on this issue.    According to the zoning application, 17th Avenue, which he understands is a potential site for an overpass, turns on to 16th Street heading eastward. At the eastern edge of the proposed rezoning is the driveway to the UAP Pueblo which is the only way in and the only way out of UAP Pueblo at this time.  Trucks hauling chemicals to or from there either need to come down 16th Street from the east or if the overpass is put in, they would come over the overpass and turn left and go past this proposed area where they want to put R-1 housing and turn into that driveway to UAP.  If the overpass becomes a reality, all traffic from Highway 30 would enter this driveway for UAP and Huss Platte Valley Auction if the UP closes the 5th Avenue crossing. The only other way would be to come through the area that is presently zoned R-1 from the south or how they are now down 16th Avenue. 

 

With the R-2 on the south and M-1 on the north if it would be a commercial use, the request for the C-0 zoning seems to be a reasonable buffer. City staff agreed that this would be a reasonable buffer commercial use. C-0 zoning is one of the ways a developer could use a backdoor approach to get residential use. Single family detached, duplex, 2-family, and with certain approval of City staff, townhouse and multi-family are allowed in C-0 zoning.  It states in the minutes of the City staff, “the entire area would be better suited to commercial development since it abuts industrial zoning.”  He concluded that that meant commercial use not residential use in a C-0 zone. 

 

Mr. Snyder stated that the parcel of land in question is the same land that the proposed R-2 zoning was requested for in 1994. According to the map, this is designed as “business park area”.  A business park area would permit commercial use and no residential use unless the residential use is associated with the business use of the premises.  The area to the north, which is also south of Railroad Street, is presently zoned M-1 and recommended use of that is industrial. 

 

The concerns of UAP Pueblo and Huss Platte Valley Auction are as follows:  1) they want to maintain the buffer between the industrial uses of these businesses and the residential uses to the south, 2) population density relating to concerns about livestock and the proximity to residential houses to the south, 3) concerns about too much parking up and down that street due to the number of people already in that area.  Mr. Snyder did agree that anytime you have a development in that area, it is going to increase the use of that street, but typically a commercial use will generate a lot more off-street parking in a parking lot. Another concern is safety in that area.  He described the cable fence and the steel posts that are filled with concrete which he believes shows the tension that exists now between UAP Pueblo, that was formerly owned by Mr. Grapes, and his very own subdivision. It is not a very friendly relationship at this time. It is a relationship that the developer chose to guard with cables and posts filled with concrete.  Mr. Snyder made the observation that if it is that dangerous getting in and out of that business that Mr. Grapes originally built in his subdivision; he wondered why would he want to put residential use right up next to that driveway?  There is a potential of an overpass coming into this area and suggested to compare residential use here to residential use at the base of the 30th Avenue Overpass or the base of the Avenue H Overpass. 

 

Both of these businesses were in use before there was residential use south of this proposed property. The chemical company was built and operated by Mr. Grapes before it was sold to the Con-Agra Group.  The sale barn has been in existence for over 60 years. He stated that he believed that both businesses deserve the protection of the zoning buffer. He pointed out that there are plenty of other places to build R-1 housing in that area. There is the entire area between 16th Street and the tailrace which is almost all zoned R-1 except for a small area by Yanney Park that has some commercial zoning by the tailrace.

 

Mr. Snyder suggested that if the City approves the C-0 zone that the planned development be restricted to non-residential, perhaps a planned development could accomplish that, but he was uncertain if those kinds of agreements are enforceable. He speculated if the developer would be willing to agree with this type of agreement based on the reluctance of the planned zoning in 1994.

 

Mr. Snyder requested that the Council deny the request to rezone and give those homeowners in that area fair warning about what is going to happen so they have the opportunity to voice their concerns. His guess is that with this “backdoor approach” that many are in the dark about what was really the intent here, which is R-1 single-family housing.

 

Ron Ridgeway stated that when they came to the City with this proposal, they came with the request of R-1 for three lots and one lot C-0, which was changed to C-0 by recommendation of City staff. 

 

Ron Huss, 1516 9th Avenue, stated that he knows the protocol for the Planning Commission meetings. He was riding four blocks west of his home to go on the Hike/Bike Trail and there was a sign posted regarding the hearing, but he missed it.  He stated that he is an officer on the Centennial Board and he does not want to have a conflict of interest. As has been stated a couple of times at this meeting, if people were more aware of these hearings, he was sure they would have been in attendance to voice their concerns about safety on that street.

 

Joe Sobotka, 216 West 38th, stated he is also part of Sun Development Marketing Forum.  As the survey shows, there is over a block (325 feet) from the backside to UAP.  He disagreed with Mr. Snyder that all the rezoning proposed previously was on 16th.  Mr. Sobotka stated that 16th Avenue is a private street going to UAP.  Everything brought previously has always been east of the private drive, not the particular property that we are talking about.  It has always been R-1 south of there.  He has been a neighbor there since 1978.

 

The proposal of a 17th Avenue overpass is still uncertain. Arrangements were made by Sun Development to completely restructure their whole subdivision west of 16th Avenue to accommodate that. He is a half owner of Sun Storage Systems located on the property right beside this. It looked like the best use west of that private street was to zone the lot right next to it going back to UAP to C-0 and the other three as R-1. There was a proposal that Sun Development and G & K Development have offered to give their land to widen out the street if UAP would pay their portion of the paving. They have not come to terms on that proposal.  There is land on the fourth lot, next to the private street, which would be enough land to dedicate it to the City to allow a street to go in there.  Since he is a member of Sun Storage Systems, they want to put up the three houses and keep the fourth lot so they could build storage back behind there and possibly have an office building on the corner. 

 

Mr. Sobotka stated that he has sold all the homes in that area and people are aware of what is going to happen. He plans on being a good neighbor and he plans on building another 80 houses. He believes putting a row of houses would be an asset acting as a buffer. Keeping the fourth lot as C-0 would allow development to the back. They have met all the criteria and have done the groundwork. They plan to take out the three building permits immediately for R-1. The fourth is in limbo. If UAP would decide that they would participate in a true dedicated street and pay their portion of the paving, the land is there to dedicate to the City. If that does not happen, they will put an office building on the corner with an access to it. The R-2 that was asked for previously was east of the 16th Street private drive not 16th Street. 

 

Ron Grapes, 3407 19th Avenue, stated that one of the issues is the fence along the driveway. He did build the building on behalf of Con-Agra in 1983 and the agreement with the City was that it would be a street. They went with a private drive because the City did not want a street at that time. After he left the business, Con-Agra was no longer receptive to that concept. The reason the fence was put in was because the driveway kept getting wider. They did that to maintain access to his property and to be able to take care of it. There was no fear of safety or any of the other allegations that Mr. Snyder made. He also offered as an observation that if Con-Agra is as concerned about the UAP safety as was stated, they would probably go down 16th Street and access 2nd Avenue instead of using 16th Avenue daily. If safety is that much of an issue, they would probably stay out of the residential area which they have an opportunity to do. The original plan regarding the backdoor approach is also a false allegation. They came in requesting R-1. After meeting with the Director of Public Works and his staff, they did the C-0 at the request of the City.

 

He continued to state if 16th Street still went straight through this would not be an issue.  Regarding the curve in the street, they spent over $8,000 re-engineering the project to accommodate the corridor at the request of the City. Putting the curve in there changed how you drive into it. By having that curve, there are M-1 type things that are directly visible as you drive into the area, which is predominately a residential area. When you go past 16th to 17th Avenue that curvature greatly changed the aesthetics of the area and it seems much more appropriate to have housing facing down in there to camouflage that area behind it than to see warehouse, trucks, etc.  He believes this would be very much an improvement for the area. The corridor has been preserved as the City asked.

 

Mayor Blankenship stated that regardless of how the vote goes that the Council recognizes that all the entities are very important. The Council does not make decisions based on economics.

 

Mr. Snyder stated there are predominantly R-2 duplexes along the south side of 16th Avenue, but not exclusively. From 16th Street down to 11th Street is R-1.  Everything north of 11th Street is M-1. These comprise the existing buffer. The land use map suggests that the first 100 plus feet north of 16th should be Business Park, commercial use. He stated that it makes good land use sense to him that you would not step back to R-1 and reduce that buffer. Putting residential use in the buffer zone intensifies the number of hours during the day that people are living in those homes and makes the density of population that much closer to the feedlots. 

 

Mr. Sobotka stated the proposed area they are talking about is not east of 16th Avenue; it is west of 16th Avenue. This area has never been applied for until now to change to C-0 because of R-1. He pointed out that right across the street on 17th Avenue it is zoned R-1 and so that makes kind of a buffer along 16th going east and west. The people that he sold houses to in that area knew that there would be M-1 zoning behind them. He also said that he believed that it would be better planning to have all four lots zoned R-1, then having three and one, but agreed to the C-0 for the fourth lot. If 16th Street does not go through, then the plan is for a small office building and some warehouses behind it.

 

Director of Public Works stated that when the request came in, the three lots were zoned R-1 and the lot on the corner was C-0. As a staff, they looked at the single C-0 lot being more of a spot zone type of situation. They steered in the direction to go C-0 for the proposed area knowing that also allows single-family dwellings. They would have the option to build either offices or R-1 as a buffer.  That is the change recommended to what they requested.  

 

Mr. Grapes stated that regarding the parking issue, that all of the houses they build have two car garages and driveways. In looking at 13th Avenue or 14th Avenue compared to 15th Avenue and 16th Avenue, there is an enormous difference in the amount of vehicles that are parked on the street. Their homes afford enough parking for most homeowners. He also addressed the relationship with Con-Agra, which has not been particularly friendly but also not confrontational. They believe they have to leave one lot C-0 because that will be the access if they don’t come to some understanding. They have vacated enough property to have a right-of-way for 16th Street.  They must maintain access to their property.

 

Mr. Huss stated the drought conditions have created a dustbowl effect during sales.  He stated that the dust will settle before it hits 16th Street.  He believed that by putting houses back 100 feet that dust is going to settle in their backyards or on their homes. There is no way to control that or the way the wind blows.  He invited Council to come down on an auction day to see the situation for themselves.  They want to get along with their neighbors even though it is “buyer beware.”

 

Tye Marquardt from Pueblo Chemicals stated that they don’t have a concern with dust, but do have a concern with heavy truck traffic from Con-Agra and the safety of traffic through there at all hours of the night. Because of the heavy truck traffic coming that close, stopping in their driveway because they have a gate that will not allow people in and out of there, will create noise pollution. There will be trucks sitting there idling, brakes squeaking at all hours of the night. He believed to bring housing any closer to that situation is only asking for trouble.

 

Moved by Blankenship seconded by Clouse to close the hearing and approve the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Urban Single Family Residential” to “Commercial” property described as part of Lot 1 of Block 2, and part of Lot 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street, between 16th Avenue and 17th Avenue) and approve Resolution No. 2003-123. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse.  Nay: Kearney.  Buschkoetter absent. Motion carried.

 

RESOLUTION NO. 2003-123

 

            WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land described as part of Lot 1 of Block 2 and part of Lot 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska more particularly described as follows: beginning at the southwest corner of Lot 1, Block 2, G & K Addition (also the northeast corner of the intersection of 17th Avenue and 16th Street as platted in said City); thence N28°35’40”W (an assumed bearing with all other bearings shown hereon relative thereto) along the west line of said Lot 1 (and the easterly right-of-way of said 17th Avenue) a distance of 115.0 feet; thence N61°24’20”E perpendicular to said west line a distance of 18.85 feet; thence along a curve to the right having a radius of 548.0 feet, an arc length of 267.8 feet and a central angle of 27°52’15”; thence N89°16’35”E parallel with the northerly right-of-way line of said 16th Street a distance of 132.32 feet to a point on the east line of said Lot 1, Block 2; thence S07°13’20”W along said east line a distance of 13.52 feet; thence S00°43’25”E a distance of 101.57 feet to the southeast corner of the aforesaid Lot 1, Block 2 and on said northerly right-of-way line of 16th Street; thence S89°16’35”W along said northerly right-of-way line a distance of 132.87 feet; thence continuing along said northerly right-of-way line along a curve to the left having a radius of 433.0 feet, an arc length of 211.60 feet and a central angle of 27°52’15”; thence S61°24’20”W continuing along said northerly right-of-way a distance of 18.85 feet to the point of beginning; AND beginning at the southwest corner of Lot 2, Block 1 G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence N00°43’25”W along the west line of said Lot 2, Block 1 a distance of 102.86 feet; thence N07°13’20”E continuing on the aforesaid west line a distance of 12.22 feet; thence N89°16’35”E parallel with the northerly right-of-way line of said 16th Street a distance of 19.51 feet; thence S00°43’25”E a distance of 115.0 feet to the northerly right-of-way line of 16th Street; thence S89°16’35”W along said northerly right-of-way line a distance of 18.13 feet to the point of beginning; AND ALSO referring to the northwest corner of the Southwest Quarter of said Section 2 and assuming the west line of said Southwest Quarter as bearing south (an assumed bearing with all other bearings shown hereon relative thereto); thence south along the aforesaid west line a distance of 138.07 feet to the north line of G & K Addition (also being on the westerly right-of-way line of 17th Avenue as platted in said City); thence N82°43’18”E along the aforesaid north line a distance of 364.78 feet; thence S07°16’42”E a distance of 100.0 feet; thence4 N82°43’18”E a distance of 188.0 feet to the northeast corner of Lot 1, Block 2 in G & K Addition; thence S07°13’20”E along the east line of said Lot 1 of Block 2 a distance of 320.84 feet to the point of beginning; thence S00°43’25”E along the east line of said Lot 1 of Block 2 a distance of 101.57 feet to the southeast corner of said lot; thence N89°16’35”E along the northerly right-of-way line of 16th Street a distance of 24.0 feet to the southwest corner of Lot 2 of Block 1; thence N00°43’25”W along the west line of said Lot 2 of Block 1 a distance of 102.86 feet; thence N07°13’20”W continuing on said west line a distance of 12.22 feet; thence S89°16’35”W parallel with the northerly right-of-way line of 16th Street a distance of 24.15 feet to the point of beginning, all in Buffalo County, Nebraska (north of 16th Street, between 16th Avenue and 17th Avenue), from “Urban Single Family Residential” to “Industrial”, and

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

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

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Urban Single Family Residential” to “Industrial” the use classification for the area described as part of Lot 1 of Block 2 and part of Lot 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska more particularly described as follows: beginning at the southwest corner of Lot 1, Block 2, G & K Addition (also the northeast corner of the intersection of 17th Avenue and 16th Street as platted in said City); thence N28°35’40”W (an assumed bearing with all other bearings shown hereon relative thereto) along the west line of said Lot 1 (and the easterly right-of-way of said 17th Avenue) a distance of 115.0 feet; thence N61°24’20”E perpendicular to said west line a distance of 18.85 feet; thence along a curve to the right having a radius of 548.0 feet, an arc length of 267.8 feet and a central angle of 27°52’15”; thence N89°16’35”E parallel with the northerly right-of-way line of said 16th Street a distance of 132.32 feet to a point on the east line of said Lot 1, Block 2; thence S07°13’20”W along said east line a distance of 13.52 feet; thence S00°43’25”E a distance of 101.57 feet to the southeast corner of the aforesaid Lot 1, Block 2 and on said northerly right-of-way line of 16th Street; thence S89°16’35”W along said northerly right-of-way line a distance of 132.87 feet; thence continuing along said northerly right-of-way line along a curve to the left having a radius of 433.0 feet, an arc length of 211.60 feet and a central angle of 27°52’15”; thence S61°24’20”W continuing along said northerly right-of-way a distance of 18.85 feet to the point of beginning; AND beginning at the southwest corner of Lot 2, Block 1 G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence N00°43’25”W along the west line of said Lot 2, Block 1 a distance of 102.86 feet; thence N07°13’20”E continuing on the aforesaid west line a distance of 12.22 feet; thence N89°16’35”E parallel with the northerly right-of-way line of said 16th Street a distance of 19.51 feet; thence S00°43’25”E a distance of 115.0 feet to the northerly right-of-way line of 16th Street; thence S89°16’35”W along said northerly right-of-way line a distance of 18.13 feet to the point of beginning; AND ALSO referring to the northwest corner of the Southwest Quarter of said Section 2 and assuming the west line of said Southwest Quarter as bearing south (an assumed bearing with all other bearings shown hereon relative thereto); thence south along the aforesaid west line a distance of 138.07 feet to the north line of G & K Addition (also being on the westerly right-of-way line of 17th Avenue as platted in said City); thence N82°43’18”E along the aforesaid north line a distance of 364.78 feet; thence S07°16’42”E a distance of 100.0 feet; thence4 N82°43’18”E a distance of 188.0 feet to the northeast corner of Lot 1, Block 2 in G & K Addition; thence S07°13’20”E along the east line of said Lot 1 of Block 2 a distance of 320.84 feet to the point of beginning; thence S00°43’25”E along the east line of said Lot 1 of Block 2 a distance of 101.57 feet to the southeast corner of said lot; thence N89°16’35”E along the northerly right-of-way line of 16th Street a distance of 24.0 feet to the southwest corner of Lot 2 of Block 1; thence N00°43’25”W along the west line of said Lot 2 of Block 1 a distance of 102.86 feet; thence N07°13’20”W continuing on said west line a distance of 12.22 feet; thence S89°16’35”W parallel with the northerly right-of-way line of 16th Street a distance of 24.15 feet to the point of beginning, all in Buffalo County, Nebraska (north of 16th Street, between 16th Avenue and 17th Avenue).

            PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – NORTH OF 16TH STREET, BETWEEN 16TH AVENUE AND 17TH AVENUE

 

Mayor Blankenship opened the public hearing on the Application submitted by Ronald Grapes (Applicant) for Sun Development, Inc. (Owner) to rezone from “District M-1, Light Industrial District” to “District C-0, Office District” property described as part of Lot 1 of Block 2, and part of Lot 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street, between 16th Avenue and 17th Avenue). Planning Commission recommended approval.

 

Moved by Clouse seconded by Hadley to close the hearing and approve the Application submitted by Ronald Grapes (Applicant) for Sun Development, Inc. (Owner) to rezone from “District M-1, Light Industrial District” to “District C-0, Office District” property described as part of Lot 1 of Block 2, and part of Lot 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street, between 16th Avenue and 17th Avenue). Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse.  Nay: Kearney.  Buschkoetter absent. Motion carried.

 

STORM SEWER EASEMENT – LOT 3 OF BLOCK 4, SKIVIEW ESTATES THIRD

 

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

 

Mayor Blankenship opened the public hearing on the proposed acquisition of a storm sewer easement located on the west 3.0 feet of Lot 3, Block 4, Skiview Estates Third, an addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2003-124.

 

Director of Public Works Rod Wiederspan presented this matter to the Council. At the July 9, 2002, Council meeting, the City Council approved the plans and specifications for the 2003 Part III Improvements which included 52nd Street from Avenue “E” to approximately 1000 feet east of Avenue “E”, Avenue B Place cul-de-sac and Avenue C Place cul-de-sac as they abut 52nd Street. The Easements have been executed by the developer and owner of the property. The associated storm sewer is located within the building setback area and as such does not affect the build ability of the lots.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Blankenship to close the hearing and approve the proposed acquisition of a storm sewer easement located on the west 3.0 feet of Lot 3, Block 4, Skiview Estates Third, an addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2003-124. Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Hadley.  Nay: None.  Buschkoetter absent. Motion carried.

 

RESOLUTION NO. 2003-124

 

 

            WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in real property by purchase or eminent domain to do so only after the City Council has authorized the acquisition by action taken in a public meeting after notice and public hearing; and

            WHEREAS, the City Council has held a public hearing upon the proposed acquisition for storm sewer purposes and voted in favor to proceed with the acquisitions; and

            WHEREAS, GNR Development Corp. of Hastings, Nebraska, has granted to the City of Kearney, Nebraska, a Permanent Storm Sewer Easement as follows:

 

Permanent Storm Sewer Easement

 

A tract of land described as the west 3.0 feet of Lot 3, Block 4, Skiview Estates Third, an addition to the City of Kearney, Buffalo County, Nebraska.

 

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Permanent Storm Sewer Easement granted by GNR Development Corp. of Hastings, Nebraska to the City of Kearney be and is hereby approved and accepted.

            PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

STORM SEWER EASEMENT – LOT 4 OF BLOCK 4, SKIVIEW ESTATES THIRD

 

Mayor Blankenship opened the public hearing on the proposed acquisition of a storm sewer easement located on the east 7.0 feet of Lot 4, Block 4, Skiview Estates Third, an addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2003-125.

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Kearney to close the hearing and approve the proposed acquisition of a storm sewer easement located on the east 7.0 feet of Lot 4, Block 4, Skiview Estates Third, an addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2003-125. Roll call resulted as follows: Aye: Blankenship, Kearney, Hadley, Clouse.  Nay: None.  Buschkoetter absent. Motion carried.

 

RESOLUTION NO. 2003-125

 

            WHEREAS, Section 18-1755, R.R.S., authorizes a city acquiring an interest in real property by purchase or eminent domain to do so only after the City Council has authorized the acquisition by action taken in a public meeting after notice and public hearing; and

            WHEREAS, the City Council has held a public hearing upon the proposed acquisition for storm sewer purposes and voted in favor to proceed with the acquisitions; and

            WHEREAS, GNR Development Corp. of Hastings, Nebraska, has granted to the City of Kearney, Nebraska, a Permanent Storm Sewer Easement as follows:

 

Permanent Storm Sewer Easement

 

A tract of land described as the east 7.0 feet of Lot 4, Block 4, Skiview Estates Third, an addition to the City of Kearney, Buffalo County, Nebraska.

 

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Permanent Storm Sewer Easement granted by GNR Development Corp. of Hastings, Nebraska to the City of Kearney be and is hereby approved and accepted.

            PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Kearney seconded by Clouse that Subsections 1 through 11 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney. Nay: None. Buschkoetter absent. Motion carried.

 

1.         Approve Minutes of Regular Meeting held July 22, 2003, and Minutes of Special Meeting held July 24, 2003.

 

2.         Approve Claims:  3-Lee's Ammunition $2,600.00 Equip; 81 Express $13.40 Tr; A Affordable Travel $140.00 Tr; Ace Hardware $84.49 Su; Acme Supply $263.30 Su; Advance Auto Parts $106.88 Rep; AFLAC $1,655.68 Ded; Agent Fee $26.00 Tr; Allied Electronics $201.78 Various; Alltel $1,827.00 Serv; Amazon.Com $83.27 Bks; American Electric $733.84 Various; Amst Print Litho $226.55 Su; Anderson Brothers $204.50 Rep; Anderson Outdoor Power $1,301.93 Various; Applebee's $20.00 Su; Appliance Svc Ctr $379.95 Equip; Auto Glass $267.47 Inv; Baird, Holm $3,700.00 Serv; Baker & Taylor $2,552.54 Bks; Bamford $100.00 Rep; BBC Audiobooks America $88.25 Bks; BD Construction $119,944.05 Serv; Big Flag Farm $372.00 Various; Biltmore Hotel/OK $66.12 TrBlackburn Mfg $293.77 Inv; Bobs Super Store $42.69 Su; Books on Tape $334.36 Bks; Bosselman Energy $12,238.00 Inv; Bowman, R $36.27 Pc; Broadfoot Sand $381.50 Su; Bucher, Willis $1,118.59 Serv; Buffalo Air Service $200.00 Lease; Buffalo Co Court $294.68 Ded; Buffalo Co Dist Court $258.00 Ded; Buffalo Co Sheriff $79,878.12 Serv; Buffalo Co Weed Control $849.92 Rep; Buggy Bath Car Wash $81.00 Rep; Builders How-to-Warehouse $1,148.88 Various; Cabela's $197.26 Su; Canada Life Assurance $5,619.52 Various; Carrothers Construction $34,821.57 Serv; Cash-Wa Dist $5,151.55 Various; CDW Govt $1,216.98 Various; Central Auto Electric $167.70 Inv; Central Dist Health Dept $1,850.00 Serv; Central Hydraulic System $769.43 Inv; Central NE Bobcat $232.84 Inv; CHAD $4.00 Ded; Charter Communications $43.55 Serv; Charter Media $400.00 Serv; Charter Paging $21.92 Serv; Chesterman $2,273.50 Su; City of Ky $166,281.23 Various; Civic Plus $445.00 Serv; Clark Enersen Partners $9,237.69 Serv; CLH $309.00 Computer; College Savings Plan of NE $490.00 Ded; Computer Pro's $193.45 Su; Computer Warehouse #4 $43.50 Su; Concepts Machining $50.00 Rep; Concrete Workers $78,467.13 Rep; Conseco Life $38.00 Ded; Consolidated Electrical Dist $1,154.39 Various; Construction Rental $256.75 Various; Copycat Printing $432.93 Su; Corporate Diversified Services $9,468.14 Ded; Crossroads Ford $685.98 Inv; Crown Awards $164.06 Su; Crystal Clean Carpet Care $428.41 Rep; Culligan $231.75 Various; Cygnus Bus. Media $700.00 Reg; D&D Ind $30.00 Su; D&M  Security $219.00 Rep; Dannehl's Feed $53.00 Su; Days Inn $138.84 Tr; Deaton-Kennedy $78.67 Su; Deterding's $117.08 Su; Development Council $1,447.78 Various; DH Pace Comm Const $468.00 Equip; Diamond Vogel Paints $30.80 Inv; DMilaco Sports $66.00 Su; Don's Pioneer Uniforms $1,724.55 Various; Downing, J $700.10 Tr; DPC $7,934.12 Su; Dugan Bus Forms $3,043.24 Su; Dutton-Lainson $2,083.99 Various; E&S Tools $500.00 Tools; Eakes Office Plus $1,631.95 Su; Earl May $598.17 Su; Entenmann-Rovin $93.30 Cla; F&S Supply $204.00 Su; Fairbanks Int'l $301.44 Inv; Farmers Union Coop $975.20 Su; Fastenal $334.85 Inv; Fimco-Schaben $56.64 Rep; Fire Training Systems $3,088.00 Equip; Fleetpride 500 $457.80 Inv; Foot Joy Drawer $8,691.10 Inv; Fox Bros Hay $7,350.00 Serv; Frame Shop $140.00 Su; Fremont Nat'l Bank $291,689.61 Various; Frontier $16,423.55 Serv; Frontierair $895.00 Tr; Fyr-Tek $314.73 Rep; Gale Group $510.36 Bks; Galls $931.15 Various; Gangwish Turf $945.00 Various; Gary's I-80 $210.00 Serv; Gas N Shop $28.87 Various; Gateway Realty $100.00 Ref; Gear For Sports $7,909.38 Inv; Gen Traffic Controls $50.90 Rep; Gintzler, M $726.50 Tr; Golden Nugget Hotel & Casino $79.92 Tr; Golfsmith Int'l $338.80 Su; Governor's Suites Hotel $66.17 Tr; Graham Tire $42.12 Inv; Grainger $290.29 Various; Grand Central IGA $19.13 Su; H&G Cleaners $264.57 Serv; H&H Distributors $3,534.10 Su; H&M Services $175.36 Lease; Hach $602.29 Various; Hand Well $4,500.00 Rep; Hastings Entertainment $50.40 Bks; Hobby Lobby $73.22 Su; Holmes Plbg $1,170.50 Various; Hooker Bros $256.87 Su; Hornady Mfg $909.00 Equip; Hotsy $176.62 Rep; HP Shopping.Com $326.89 Su; Hyatt Hotels $408.52 Tr; I 80 Eppley Express $255.00 Tr; ICMA RC $4,910.70 Ded; IRS $167,843.07 Ded; Interstate All Battery $200.22 Inv; Interstate Structures $188,100.90 Serv; ISDN $14.95 Serv; Jack's Uniforms & Equip $4,200.04 Various; Jacobi's Carpet One $22.22 Rep; James, D $3,554.10 Serv; Jenkins, P $16.00 Ref; Johnson, A $122.76 Tr; K&K Parts $250.84 Inv; Kahle, A $41.40 Tr; KASWA $58,300.61 Tipping Fees; Kearney Area United Way $557.58 Ded; Ky Chamber Of Commerce $12.00 Admin; Ky Glass $68.96 Su; Ky Implement  $574.39 Various; Ky Winnelson  $57.60 Rep; KGFW $450.00 Serv; Killion Motors $79.69 Various; King, J $731.50 Tr; Kirkham Michael $1,450.00 Various; KQKY $1,296.00 Serv; KRNY $330.00 Serv; Kustom Signals $359.00 Capital Imp; Kuykendall, J $106.80 Tr; L&W Tires $3,774.78 Various; L.T.'s Brokerage $24.35 Pstg; Lakeland Engineering $117.76 Inv; Lampes Air Filter Sales $216.00 Inv; Lang, L $374.59 Tr; Laser Art Design $178.15 Su; Lasertec of NE $450.00 Su; Law Enf News $28.00 Dues, Bks; Law Enf Training Center $300.00 Trn; Lawson Products $416.22 Various; Linweld $223.08 Various; Lisa's Instant Print $13.00 Su; M.S.I. $29,576.00 Equip; Magic Cleaning $600.00 Serv; Mail Express $95.07 Pstg; Maines Electric $627.50 Rep; Marlatt Machine Shop $1,032.74 Rep; Martinosky, M $50.00 Reim; McLaughline, S $200.00 Ins; McMaster-Carr $338.74 Rep; Meadowbrook $1,566.00 Prem; Mid America Pay Phones $200.00 Serv; Mid America Pump $1,484.34 Rep; Midlands Contracting $37,707.73 Serv; Mid-Plains Equipment $1,900.00 Capital Imp; Mid-State Units $180.00 Su; Midway Chevrolet $244.39 Various; Midwest Striping $17,057.10 Serv; Midwest Turf $382.00 Rep; Milco Env Svcs $1,836.42 Serv; Miller & Assoc $42,117.03 Serv; Miller Signs $80.00 Rep; Misko Sports $94.50 Su; Mitchell 1 $433.30 Bks; Mosbarger, B $200.00 Ins; Mr. Automotive $1,057.15 Various; MSC Ind $108.02 Inv; Municipal Emergency Services $3,147.30 Various; Musser Forests $309.22 Su; Naden Ind $57.70 Rep; NAPA $1,250.00 Various; Nat'l Paper $73.22 Su; Nat'l Rec $70.00 Dues; Nat'l Waterworks $12,862.78 Various; NCS Equipment $484.38 Various; NE Chapter IAEI $327.00 Trn; NE Child Support $1,956.36 Various; NE Crime Comm $50.00 Ytn; NE Dept. of Rev. $58,448.62 Various; NE Library Comm $3,282.00 Bks; NE Wine & Spirits $63.60 Su; NE Machinery $359.73 Inv; NE Peterbilt Ford $176.49 Inv; NEland Dist $2,993.60 Su; Network Solutions $48.75 Serv; NEVCO Scoreboard $345.75 Rep; New World Systems $1,200.00 Software; Nogg Chemical $723.63 Inv; North Central Lab $524.70 Su; Northwest Elec $963.48 Various; Northwestern Energy $5,923.01 Serv; NWA Air $1,138.00 Tr; Oceana Pub $145.02 Bks; Office Depot $686.20 Various; Office Max $127.92 Su; Office Net $7,417.72 Various; Olsson Assoc $2,232.40 Serv; O'Reilly $24.72 Various; Orscheln  $296.67 Various; Outdoor Rec Products $11,313.90 Equip; P.E.P. $47.25 Rep; Paper Direct $53.13 Su; Paramount Linen $52.54 Various; Patterson, B $66.82 Pstg; Paul Otto Curb Grinding $72.00 Capital Imp; Petro of York $42.18 Su; PGA of America $747.40 Dues; Phillips $16.43 Tr; Pioneer Mfg $288.00 Su; Platte Valley Comm $9,355.72 Various; Platte Valley State Bank $211,555.07 Various; Power Plan $3,443.85 Rep; Preferred Mail $166.02 Pstg; Presto-X $163.00 Rep; Pueblo Chemical $1,139.25 Rep; Purdy, K $52.08 Pc; Q-Max $19.58 Tr; Quality Books $315.44 Bks; Quill $703.13 Su; R&M Tech $640.00 Capital Outlay; Radio Shack $151.98 Various; Rains & Assoc $112.24 Rep; Reams Sprinkler $965.15 Various; Rec Unlimited $69.17 Su; Recognition Unlimited $10.04 Su; Recorded Books $661.95 Bks; Red Wing Bus Systems $65.00 Su; Respond First Aid System $119.30 Su; Rhode Island Novelty $79.38 Su; Rich, T $726.50 Tr; Road Builders Machinery $105.45 Inv; Sahling Kenworth $201.59 Inv; School District #7 $667.25 Remit; Schwan's Home Service $422.51 Su; See Clear Cleaning $1,800.00 Serv; Severn Trent Pipeline $2,526.59 Inv; Shell Oil $47.40 Various; Sherwin Williams $245.78 Various; Shirt Shack $2,196.60 Various; Shop EZ $23.31 Su; Simon Contractors $690.00 Serv; Smith, G $100.00 Ref; Snap On Tools $32.65 Tools; Speed Stacks $34.90 Bks; Sporting Edge $1,646.00 Cla; Staples $44.47 Su; State of NE DAS Comm $26.63 Serv; State of NE HHS Lab $15.00 Serv; Steffensmeier, J $265.14 Tr; Sterling Dist $96.30 Su; Story, G $471.73 Tr; Sun Turf $103.79 Inv; T&B Cleaning $1,100.00 Serv; Tactical Survival Specialists $5,140.48 Equip; Target $252.21 Various; Texaco $12.11 Tr; Tielke's Sandwiches $623.84 Su; Titleist $8,835.18 Su; Tollefsen Elliott Lumber $252.15 Various; Tractor Supply $1,487.15 Various; Trembly, M $125.91 Various; Trench Rescue $84.90 Su; U Save Foods $143.59 Su; UCG $59.95 Su; Uline $17.05 Su; Union Oil $11,159.48 Inv; UPRR $1,500.00 Rental; United Air $593.00 Tr; United Distillers $434.92 Su; United Seeds $529.00 Su; UNK-Human Resources $55.97 Work Study; UPS $23.37 Various; US Toy/Costr Playthings $125.03 Su; USA Blue Book $1,605.10 Rep; USPS $13.65 Pstg; Utility Equipment $82.94 Inv; Van Diest $658.20 Su; Van Duesen, D $36.25 Reim; Village Cleaners $525.16 Various; Walmart Supercenter $2,099.62 Su; Washington State Supp Regis $204.02 Ded; WB Saunders $395.00 Su; Weathercraft $466.00 Rep; Wick's Sterling Trucks $134,660.00 Truck; Wilke, C $398.40 Tr; Wilke-Donovan's True Value $268.28 Various; Wilkins Hinrichs Stober $25.00 Serv; Williams, B $373.50 Wyndham Hotels $3,302.16 Tr; York Country Kitchen $21.20 Tr; Zimmerman Printers $181.13 Various; Payroll Ending 07-26-2003 -- $265,766.08.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and Arlene M. Wiederspan and Rodney K. Wiederspan for Lot 1, Sorensen Park Third Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2003-126.

 

RESOLUTION NO. 2003-126

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement – Lot 1, Sorensen Park Third Addition”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Arlene Wiederspan and Rodney Wiederspan, Co-Managers of Sorensen Acres, LLC, be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

4.         Approve the Mutual Aid Agreement between the Kearney Volunteer Fire Department and Suburban Fire Protection District #1 of Buffalo and Kearney Counties and approve Resolution No. 2003-127.

 

RESOLUTION NO. 2003-127

 

            WHEREAS, the Kearney Volunteer Fire Department have advised and recommended to the Council that it is in the best interest of the citizens of the City of Kearney that the City should participate with other citizens, districts, and governments in our area in providing mutual fire assistance; and

            WHEREAS, the Kearney Volunteer Fire Department has presented such a mutual aid agreement to the Council for consideration, a copy of which, marked Exhibit “A” is attached hereto and made a part hereof;

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska that it is to the mutual advantage of this community to join with others for mutual emergency fire assistance.

            BE IT FURTHER RESOLVED that we hereby delegate to the Chief of the Kearney Volunteer Fire Department the authority to direct such movement within the area of the mutual aid agreement in accord with the terms and conditions of the plans for such mutual assistance.

            BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the said Mutual Aid Agreement, as set forth in Exhibit “A”.

            PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

5.         Approve Change Order No. 1 for an increase in the amount of $354.16 submitted by Interstate Structures and approved by Kirkham Michael Consulting Engineers for the Yanney Heritage Park Pedestrian Bridge and approve Resolution No. 2003-128.

 

RESOLUTION NO. 2003-128

 

            WHEREAS, on October 8, 2002 the City Council awarded the bid for the construction of the Yanney Heritage Park Pedestrian Bridge in the amount of $86,289.04; 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 $354.16, as shown on Exhibit “A” attached hereto and made a part hereof by reference:

 

Original Contract Price	$86,289.04
Change Order No. 1 (08-12-2003)	+     354.16
New Contract Price	$86,643.20

 

            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 12TH DAY OF AUGUST, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

6.         Approve the Right-of-Way Grant Agreement granted by the City of Kearney to Kinder Morgan Interstate Gas Transmission for a 50-foot wide strip of land located in Section 3, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and approve Resolution No. 2003-129.

 

RESOLUTION NO. 2003-129

 

BE IT RESOLVED by the Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Right-of-Way Grant Agreement, on behalf of the City of Kearney, Nebraska, with Kinder Morgan Interstate Gas Transmission, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

7.         Approve the Application for a Special Designated License submitted by JCB ENTERPRISES INC., dba “Bill’s Liquor” in connection with their Clas CK39105 liquor license to dispense beer, wine and distilled spirits in the Extension Building at the Buffalo County Fairgrounds, 1400 East 34th Street, on September 13, 2003 from 3:00 p.m. until 1:00 a.m. for a wedding reception and dance.

 

8.         Approve the Agreement between the City of Kearney and BD Construction, Contractor for Kearney Floral, to temporarily close the parking spaces in front of 210 West 21st Street from August 13, 2003 through October 13, 2003 in conjunction with their renovation project.

 

9.         Approve Change Order No. 4 showing a decrease in the amount of $40,000.00 submitted by Carrothers Construction and approved by Larkin Group for the Centennial Pool Renovations and approve Resolution No. 2003-130.

 

RESOLUTION NO. 2003-130

 

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. 4 showing a decrease in the amount of $40,000.00, as shown on Exhibit “A”, attached hereto and made a part hereof by reference as follows:

POOL

 

Original Contract Sum	$768,700.00
Change Order No. 1 (06-10-2003)	+  39,144.00
Change Order No. 2 (06-10-2003)	+    4,250.00
	-    1,420.00
Change Order No. 4 (08-12-2003)	-  40,000.00
Contract Sum To Date	$770,674.00

BATHHOUSE

 

Original Contract Sum	$61,000.00
Change Order No. 3 (06-10-2003)	+  7,614.00
Contract Sum To Date	$68,614.00

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 4 as shown on Exhibit “A” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                         AND EX-OFFICIO MAYOR

CITY CLERK

 

10.        Approve the Interlocal Cooperation Agreement between the Central Platte NRD, Upper Big Blue NRD, Nebraska Public Power District, The Central Nebraska Public Power and Irrigation District, Twin Platte NRD, North Platte NRD, Tri-Basin NRD, South Platte NRD, Little Blue NRD, Nebraska Department of Natural Resources, and the Cities of Grand Island, and Lexington to provide the authority, resources, serves, studies, and facilities needed to evaluate the effects and impacts of a habitat recovery plan on the people and the resources of the State of Nebraska and approve Resolution No. 2003-131.

 

RESOLUTION NO. 2003-131

 

BE IT RESOLVED by the Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Interlocal Cooperation Agreement, on behalf of the City of Kearney, Nebraska, with Central Platte NRD, Upper Big Blue NRD, Nebraska Public Power District, The Central Nebraska Public Power and Irrigation District, Twin Platte NRD, North Platte NRD, Tri-Basin NRD, South Platte NRD, Little Blue NRD, Nebraska Department of Natural Resources, and the Cities of Grand Island, and Lexington, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

11.        Approve the Agreement between the City of Kearney and Sorensen Group Inc. to lease to Sorensen Group property described as Lot 13 and part of Lot 14 of Block 2, Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2003-132.

 

RESOLUTION NO. 2003-132

 

BE IT RESOLVED by the Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Agreement, on behalf of the City of Kearney, Nebraska, with Sorensen Group Inc., a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 6978 – SELL PORTION OF VACATED 14TH STREET

 

Jim Ganz, representing Concrete Workers Inc. has inquired about the vacated south half of 14th Street abutting Lot 1647 together with the vacated east 17 feet of Avenue F abutting said street. In reviewing the records, it appears this parcel of land was vacated by the City in 1979. However, the records do not show where the property owner purchased this right-of-way, and that it still belongs to the City. The right-of-way in question is part of a program that was established in the 1970’s to clean up the right-of-way lines in the southeast part of town. The purchase price of the vacated right-of-way in this program was $75.00 as per the suggestion of the Planning Consultant and Planning Commission. This piece of land being that area which the City has desired to sell vacated right-of-way would come under the same regulations.

 

Concrete Workers is very much interested in purchasing this vacated right-of-way as it abuts Lot 1647, Original Town of Kearney Junction. This is the property that Press On Ministries is planning to develop. They are seeking approval by the Council for the sale of this right-of-way to his client who will then deed it over to Press On Ministries.

 

Council Member Clouse introduced Ordinance No. 6978, being Subsection 1 of Agenda Item V to sell the vacated south half of 14th Street as the same abuts Lot 1647, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with that portion of vacated 14th Street abutting the vacated east 17 feet of Avenue F abutting said vacated street on the west to Concrete Workers, Inc., 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 Hadley 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, Clouse, Kearney, Hadley. Nay: None.  Buschkoetter absent. 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. 6978 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Clouse, Kearney, Hadley. Nay: None. Buschkoetter absent. Motion carried. Ordinance was read by number.

 

Moved by Hadley seconded by Blankenship that Ordinance No. 6978 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Kearney, Hadley, Clouse. Nay: None. Buschkoetter absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6978 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 6979 – REZONING PROPERTY LOCATED AT 8TH AVENUE AND SOUTH RAILROAD STREET

 

Council Member Blankenship introduced Ordinance No. 6979, being Subsection 1 of Agenda Item VI to rezone from “District R-3, Urban Residential Multi-Family District (Medium Density) District” to “District M-1, Limited Industrial District” property described as Lots 13 and 14 of Block 2, Kearney Land and Investment Company’s Choice Addition to the City of Kearney, Buffalo County, Nebraska (8th Avenue and South Railroad Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member 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, Hadley, Clouse, Kearney. Nay: None. Buschkoetter absent. 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. 6979 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney. Nay: None. Buschkoetter absent. Motion carried.  Ordinance was read by number.

 

Moved by Kearney seconded by Clouse that Ordinance No. 6979 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney. Nay: None. Buschkoetter absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6979 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.

 

REZONING PROPERTY LOCATED NORTH OF 60TH STREET ADJACENT TO 2ND AVENUE TO THE EAST

 

Mayor Blankenship stated Ordinance No. 6980 rezoning property located north of 60th Street adjacent to 2nd Avenue to the east from “District A, Agricultural District” to “District C-2/PD, Community Commercial/Planned Development Overlay District” will be tabled until August 26, 2003.

 

Moved by Clouse seconded by Hadley to table Ordinance No. 6980 rezoning property located north of 60th Street adjacent to 2nd Avenue to the east from “District A, Agricultural District” to “District C-2/PD, Community Commercial/Planned Development Overlay District” will be tabled until August 26, 2003. Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Hadley. Nay: None. Buschkoetter absent. Motion carried.

 

ORDINANCE NO. 6981 – VACATE PORTION OF G & K ADDITION

 

Council Member Hadley introduced Ordinance No. 6981, being Subsection 3 of Agenda Item VI to vacate part of Lot 1 of Block 2 and part of Lot 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street between 16th Avenue and 17th Avenue), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Blankenship 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, Hadley, Clouse. Nay: None. Buschkoetter absent. 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. 6981 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Kearney, Hadley, Clouse. Nay: None. Buschkoetter absent. Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 6981 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney. Nay: None. Buschkoetter absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6981 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. 6982 – REZONE PROPERTY LOCATED NORTH OF 16TH STREET, BETWEEN 16TH AVENUE AND 17TH AVENUE

 

Council Member Hadley introduced Ordinance No. 6982, being Subsection 4 of Agenda Item VI to rezone from “District M-1, Light Industrial District” to “District C-0, Office District” property described as part of Lot 1 of Block 2, and part of Lot 2 of Block 1, G & K Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 16th Street, between 16th Avenue and 17th Avenue), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member Blankenship 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, Hadley, Clouse. Nay: None.  Buschkoetter absent. 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. 6982 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Kearney, Hadley, Clouse. Nay: None. Buschkoetter absent. Motion carried. Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 6982 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney. Nay: None. Buschkoetter absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6982 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 – G & K SECOND ADDITION

 

Mayor Blankenship opened for discussion the application submitted by Ronald Grapes (Applicant) for Sun Development, Inc. (Owner) for final plat approval of “G & K SECOND ADDITION” to the City of Kearney, Buffalo County, Nebraska (north of 16th Street between 16th Avenue and 17th Avenue) and to consider Resolution No. 2003-133. Planning Commission recommended approval subject to a notation being placed on the final plat stating that no access will be allowed onto 17th Avenue from Lot 4 of the subdivision.

 

Ron Ridgway from Miller & Associates was present to answer any questions.

 

Moved by Clouse seconded by Hadley to approve the application submitted by Ronald Grapes (Applicant) for Sun Development, Inc. (Owner) for final plat approval of “G & K SECOND ADDITION” to the City of Kearney, Buffalo County, Nebraska (north of 16th Street between 16th Avenue and 17th Avenue) and approve Resolution No. 2003-133 subject to a notation being placed on the final plat stating that no access will be allowed onto 17th Avenue from Lot 4 of the subdivision. Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse. Nay: Kearney. Buschkoetter absent. Motion carried.

 

RESOLUTION NO. 2003-133

 

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

            Be it further resolved that no access will be allowed onto 17th Avenue from Lot 4, G & K Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska.

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

            PASSED AND APPROVED THIS 12TH DAY OF august, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

                                                 

BOSSELMAN ENERGY – COMMERCIAL PROPERTY LEASE AGREEMENT AT AIRPORT

 

Mayor Blankenship stated that the Commercial Property Lease Agreement between the City of Kearney/Kearney Municipal Airport Corporation and Bosselman Energy for the purpose of constructing a propane fuel tank facility at the Kearney Municipal Airport will remain on the table until August 26, 2003.

 

AWARD BID ON PARK PROJECTS

 

Mayor Blankenship opened for discussion the bids received for the Harmon Park Activity Center Restroom Building, Harmon Park Tennis Court and Restroom Building, and Nina Hammer Park and Pioneer Park Restroom Building Projects and to consider Resolution No. 2003-134 awarding the bid to Interstate Structures in the amount of $648,200.00.

 

Director of Parks & Recreation Neal Lewis presented this matter to the Council. The park infrastructure package, (Harmon, Pioneer and Hammer ADA Restrooms, Harmon Park Tennis Plaza) was put out to bid July 11. On July 30th at 2:00 p.m. bids were opened for the projects. Two bids were received. Simon Contractors bid $699,700.00 and Interstate Structures was the apparent low bid at $648,200.00. Staff and project engineers have reviewed the bids and recommend the awarding of the project to Interstate Structures for $648,200.00. Project completion date is December 15, 2003.

 

When the funds were received from the Land and Water Conservation Funding for $130,000, they had originally estimated the Harmon Tennis Courts to be $350,000.  The bid came in at $260,000 which is good because $130,000 from Land and Water and $130,000 from the City left about $90,000, basically in tennis money.  Looking at the list of things they need to get done, Harvey Tennis Courts was at the top of the list.  They decided Harvey might be a good place to use this extra money.  Since these are tennis related funds, it was the staff and the Park Board’s recommendation that these funds be used for Harvey, which is an unfunded project at this time. 

 

Restrooms will be completed this year at Cottonmill. Dryden was in this year’s budget but funds can only go so far so Dryden has been deferred until the following year. They have neither forgotten Dryden nor the activity center. They have had to make budget choices and this was one of them. 

 

Council Member Clouse asked for some clarification about choosing ADA required restrooms versus the tennis courts which have been asked by several people in the community.

 

Director of Parks & Recreation stated that they had a plan for the whole park infrastructure with a series of things that they were going to do.  They looked at the usage of Cottonmill versus usage at Dryden and found that the number of people that use that beach area at Cottonmill far outnumber the people that use that picnic pavilion at Dryden. There is currently nothing at Cottonmill; everyone must go up to the shelter. There is an existing restroom (although not ADA compliant) at Dryden, so it was a staff decision to go with Cottonmill. 

 

They were uncertain about the tennis money because they didn’t know how the bids were going to come in.  They applied for this outside grant that was geared toward tennis, which reflected City tennis money that they had already borrowed from Utilities, so they concluded that they should use it for tennis. When you receive money from a source, it is best that you do not cross monies with other projects. 

 

They weighed the fact that the tennis courts are nonfunctional. They have restrooms at Dryden, not where they want them to be, but they are there. The tennis courts at Harvey have been nonfunctional for 6-8 years. It is a tough call, but it comes back to dollars.

 

With the CRA’s help, the City added two restrooms this year that they had no idea they would be able to do. There are four restrooms being built this year and Dryden the following year. He asked for people to think about how many years nothing was done. He stated that he appreciates the public’s interest and input. Mr. Lewis also commended the Council for getting so much accomplished this quickly. Since they chose a more difficult financial path in getting funds, it has taken a little longer but it has been worthwhile. 

 

Moved by Hadley seconded by Blankenship to approve the bids received for the Harmon Park Activity Center Restroom Building, Harmon Park Tennis Court and Restroom Building, and Nina Hammer Park and Pioneer Park Restroom Building Projects and approve Resolution No. 2003-134 awarding the bid to Interstate Structures in the amount of $648,200.00. Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Hadley. Nay: None. Buschkoetter absent. Motion carried.

 

RESOLUTION NO. 2003-134

 

            WHEREAS, The Clark Enersen Partners have reviewed the sealed bids which were opened on July 30, 2003, at 2:00 p.m. for the Harmon Park Activity Center Restroom Building, Harmon Park Tennis Court and Restroom Building, and Nina Hammer Park and Pioneer Park Restroom Building Projects; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project ranged between $625,000.00 to $695,000.00; and

WHEREAS, the said engineers have recommended the bid offered by Interstate Structures of Kearney, Nebraska in the sum of $648,200.00 be accepted as the lowest responsible bid.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Interstate Structures of Kearney, Nebraska be and is the lowest responsible bidder for the Harmon Park Activity Center Restroom Building, Harmon Park Tennis Court and Restroom Building, and Nina Hammer Park and Pioneer Park Restroom Building Projects to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Interstate Structures in the sum of $648,200.00 be and is hereby accepted.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the construction of the Harmon Park Activity Center Restroom Building, Harmon Park Tennis Court and Restroom Building, and Nina Hammer Park and Pioneer Park Restroom Building Projects in the amount ranging from $625,000.00 to $695,000.00 be and is hereby accepted.

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

            PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

OPEN ACCOUNT CLAIMS --      BRUCE BLANKENSHIP -- $36.00

 

Moved by Kearney seconded by Clouse that Open Account Claims in the amount of $36.00 payable to Bruce Blankenship be allowed. Roll call resulted as follows: Aye: Kearney, Hadley, Clouse.  Nay: None. Blankenship abstained. Buschkoetter absent. Motion carried.

 

OPEN ACCOUNT CLAIMS --      NPPD -- $65,774.73

 

Moved by Blankenship seconded by Kearney that Open Account Claims in the amount of $65,774.73 payable to NPPD be allowed. Roll call resulted as follows: Aye: Blankenship, Hadley, Kearney.  Nay: None. Clouse abstained. Buschkoetter absent. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Kearney seconded by Clouse that Council adjourn at 10:30 p.m. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney. Nay: None.  Buschkoetter absent. Motion carried.

 

 

ATTEST:                                                                                   BRUCE L. BLANKENSHIP

                                                                                                PRESIDENT OF THE COUNCIL

                                                                                                AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK