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Kearney, Nebraska

August 26, 2003

7:30 p.m.

 

Prior to the regular Council meeting, the Council met as the Board of Directors for the Kearney Municipal Airport Corporation in open and public session at 7:30 p.m. on August 26, 2003 in the Council Chambers at City Hall. This meeting adjourned at 7:43 p.m.  A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:44 p.m. in the Council Chambers at City Hall.  Present were: Bruce L. Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Stan Clouse, Galen Hadley. Absent: Don Kearney. 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: Mike Uldrich, Rita Uldrich, Alan Schmidt, Brent Kratzer, Bobby Turner, Larry Umberger, Larry Vogel, Marvon Reichert, Tom McCarty, Marty Shukert, Michelle Stover, Neal Lewis, Cole Spresser, Mike Konz from Kearney Hub, and Dave Jenner from KGFW Radio.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Reverend Don Bryant from First Christian Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scout Zach Seton led the Council members and audience in the Pledge of Allegiance.

 

RECOGNITION – MICHAEL ULDRICH, BRENT KRATZER, ALAN SCHMIDT

 

Mayor Blankenship and Council Members recognized the following City employees: Michael Uldrich for 15 years of service with the Utilities/Sanitary Sewer Division and Brent Kratzer for 15 years of service with Public Works/Transportation Division. They were each given a watch. Alan Schmidt was also recognized for 20 years of service with Public Works/Transportation Division. He was presented a plaque of commendation and a watch.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING - north of 60th Street adjacent to 2nd Avenue to the east

 

This public hearing and Public Hearings 2, 3 and 4 will remain on the table until September 9, 2003 to allow the applicants and owners additional time to work out the details required by the Planning Commission.

 

Moved by Clouse seconded by Hadley that 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) remain on the table until September 9, 2003. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent. Motion carried.

 

FINAL PLAT – INGALLS CROSSING THIRD ADDITION

 

Moved by Clouse seconded by Hadley that 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) remain on the table until September 9, 2003. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent. Motion carried.

 

INCLUDE IN CORPORATE LIMITS – INGALLS CROSSING THIRD ADDITION

 

Moved by Clouse seconded by Hadley that 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) remain on the table until September 9, 2003. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent. Motion carried.

 

PLANNED DEVELOPMENT PLANS FOR MENARDS - 2nd Avenue AND 65TH STREET

 

Moved by Clouse seconded by Hadley that 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) remain on the table until September 9, 2003. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent. Motion carried.

 

UPDATE THE COMPREHENSIVE PLAN

 

Mayor Blankenship opened the public hearing on the proposed amendments and text associated therewith and adoption of the City of Kearney Comprehensive Plan as updated and to consider Resolution No. 2003-135. Planning Commission recommended approval.

 

State law requires any city of the First Class that enacts land use controls (zoning and subdivision) to create and maintain a Comprehensive Development Plan as a decision making guide for growth. The plan is intended to be updated from time to time. In 1997 the City Council adopted the current version prepared by Crose Gardner Shukert with Mr. Shukert as the principal-in-charge. Preceding Comp Plans were prepared by Dick Kellenberg in 1984, 1976, 1969 and 1960.

 

Due to continued growth and development in the Kearney jurisdiction since 1997, the City has retained Marty and his firm to produce several sector plans that are basically area amendments to the 1997 Plan. The three notable plans include the Interstate Corridor Mixed Use District, The Cherry Avenue Interchange and Bypass Land Use Plan, and the Southwest River Corridor Plan. To some degree the need for the more detailed analysis contained in these sector plans was fueled by large, unique and complex land uses such as The Archway Monument, the Tri City Arena and Yanney Heritage Park. The proposed Comp Plan update represents an opportunity to tie all the sector plans together and once again present the planning needs of the community at large.

 

The Comprehensive Plan is a guide for future growth of the community, generally with a twenty year time window and a need to update about every 10 years. The plan covers all aspects of the community including demographics, land use, transportation, public facilities, parks and recreation, housing, utilities and infrastructure, etc.  Full coverage of issues within this context is covered by both text discussion and support graphics - maps, sketches and photographs. A summary poster will also be produced with this comp plan update.

 

It is important to keep in mind that the Comp Plan is a guide to assist the key decision makers, such as the Planning Commission and City Council, with information about growth issues. The Future Land Use Plan is not a zoning map, although it provides information that is important for rezoning cases.  It is not “set in stone”, rather designed to be flexible and able to be changed and revised as time passes and the needs of the community change.

 

The proposed Future Land Use Map features more reliance on mixed use districts than in the past.  Mixed Use 1, Mixed Use 2, and Mixed Use 3 (MU-1, MU-2, MU-3) represent land use categories that allow a mixture of land uses. The density and intensity of allowable uses increase progressively from MU-1 to MU-2 and from MU-2 to MU-3. This approach is proposed because it is very difficult to predict with certainty how a particular piece of land will be developed in the future.  The mixed use approach lends more flexibility to the system than a single use category.

 

An overview of the new plan was presented to members of the Planning Commission and City Council in a joint meeting at the Kearney Public Library on July 16, 2003. A Public Open House was conducted that evening at the library that was advertised in the Kearney Hub encouraging interested citizens to attend.  The Planning Commission held a Public Hearing on July 18.

 

Lance Lange, City Planner, stated that the Comprehensive Plan is actually required by State Law for communities that want to enact land development control, such as zoning and subdivisions.  The first plan was done in 1960 and adopted by the Council.  As the community has grown, it has been amended from time.  It was amended in 1969, 1976, 1984, and 1997.  For the 1997 plan, RDG Gross Gardner Schukert firm from Omaha was hired.  Marty Schukert was the presenter for the summary of the plan at this meeting.  There have been some serious issues considered during the past eight years, transportation, land use, environment considerations, and many other things that the plan addresses.   They have also done some specific plans, such as Yanney Park, the Archway, and the hockey arena.  The community is growing so fast and there have been so many changes since 1997, they had to step back and do some special area planning.  The current comp plan update is to show how these components fit together in the overall context of the community. 

 

Marty Shukert from Crose Gardner Shukert presented this matter to the Council. Kearney has a distinguished history and tradition of planning. Since 1997 many things have been addressed or implemented such as: initiation of the Cottonmill Hike-Bike Trail system, the second interchange, the development trends of the City, the growth of commercial development, the growth of the riverfront, and the event center.  

 

He wanted to focus on the things that are new in this plan.  There are new population numbers with the result of the 2000 census.  These numbers help inform new projections that are more accurate than those done in the latter half of the 1990’s.  The projection for Kearney is a shade under 40,000.  The new development principle, which are amendments or modifications of the development formation, or principles of the plan are revising the population-planning target to 40,000.  They are developing a concept referred to as an “urban service area”.  They looked at and defined the area that is likely to receive urban services, such as municipal water and sewer, within the next 10-20 years.  Next would be developing policies that would relate to these areas that will either receive services later in the process or might not receive services at all.

 

Another important principle is the concept of a neighborhood unit.  This is a way of ordering a new development within the growing parts of the City.  Finally, the approval of the Kearney Gateway Plan several months ago dealt with the 2nd Avenue and Central Avenue corridors and with the downtown district.

 

The urban service area concept is particularly significant.  One of the of the most pertinent issues from a planning perspective, is how to address the areas of the City that are very close to the urbanized area and yet do not currently have urban services.  This is a somewhat unique problem for Kearney because of the nature of drainage dividers and drainage ways.  There are areas that do not have sewer services, which are only a few blocks away from the growing commercial epicenter of the City.  This becomes difficult to figure out how to manage those areas.  It is also further complicated because of the drainage pattern of the City, which requires significant sewer construction until you get to areas that are near 56th Street and 2nd Avenue.  The way this situation was dealt with was by defining specific policy districts within the existing urban service area that are served by existing utilities.  Their recommendation was urban development only within those areas (serviced by urban systems).  In areas where thet project to provided urban services by the year 2010, they recommend that these areas be reserved for urban service development. 

 

In the area where sewers can be extended, but will take place after 2010, they recommend what is called a “clustered acreage development” in which a portion of a site can be developed in the interim and the balance of the site is reserved for future urban development. In areas that are outside of the watersheds that are likely to receive urban services within the foreseeable future, they see “rural estate development” which typically uses individual systems as permissible.  They believed that the omission of such policies was a weakness in the 1997 plan.  This will give people the opportunity to develop land that is close in and yet do so in a way that does not block the natural and logical urban expansion of the City. 

 

The “neighborhood unit” concept deals with a way of ordering or conceiving of an urban development within the Kearney growth area.  In the neighborhood unit concept, they envision a general diagram that projects neighborhood parks and school sites within the heart of a neighborhood.  Commercial development at arterial or arterial collection intersections on the outside of the district is where commercial development needs to be. There would be greenway or street connections that link those two activity centers together.  In this way, major activity centers, schools, parks, and commercial centers are connected with one another and the neighborhood.  This would allow these components to develop in natural patterns. 

 

The Kearney Gateway concept looked at a detailed and specific plan for the 2nd Avenue and Central Avenue corridors up to and including the Kearney Centre.  In the Kearney Gateway element that is imported into the Comprehensive Plan, they basically eliminated those items, which were suggestions or good ideas and addressed them from a planning perspective that relate more specifically to policies.

 

The Growth and Land Use chapters are based on the population projections and generate new growth projections. Within the plan they are projecting and designating a need for about 1,400 acres of residential land, about 230 of commercial land, and 125 acres of industrial land within the City limits.  They have employed a multiplier factor to make sure there is an adequate supply of land.  This would suggest that the City needs to designate about 2,800 acres of residential land, half a section of commercial land, and a half section of industrial land over the next 25-year period.  This connected with the growth concepts produces this new future land use plan.  The new plan is similar to the previous one, but they think it is a bit more realistic and recognizes projects that are currently underway especially 56th Street.  It also incorporates some of the special study areas that have been completed over the last few years including the Cherry Avenue Corridor, the Kearney Gateway area, and the Platte River and I-80 corridors.

 

Related to the land use plan or the urban service area there are five tiers which detail the principles of thinking of areas in which urban services will be provided.   Another significant change in the land use plan is the use of mixed used districts as designators as opposed to single use commercial, office, and industrial districts.  They are going to mixed-use concepts because they represent the kinds of decisions that need to be made.   The emphasis has been on trying to determine if a specific site will be commercial and another will be office or multi-family.  This plan will have use designators as reflecting a continuum of uses which all have similar intensities.  Rather than saying a particular site has to be commercial and if it is multi-family residential it is in violation of the Comprehensive Plan, they will consider uses that have similar intensities and all will be permitted within that specific site. 

 

He gave an example, if an area is designated as commercial, only commercial uses would be allowed without a technical amendment to the Comprehensive Plan, but now they believe that the Plan should designate areas that are based more on intensity and cluster like types of uses together.  In the residential areas, they suggest four different gradients, residential estates (development with less than 1 unit per acre), low density residential (residential development with urban services with densities that range between 1-4 units per acre), medium-density residential (smaller lot single family attached housing and lower density multi-family with a range of 3-12 units per acre), high density residential generally involves apartments and higher density attached units (12 units or above per acre).

 

The mixed used categories include four different categories. MU-1 includes medium to high density residential, office, and limited commercial development, which usually take place around major street intersections or along significant corridors.  MU-2 is the office or commercial mixed-use area.  This represents zoning or land use categories that take place along major arterial corridors, like 2nd Avenue or potential on the Cherry Avenue Corridor.  MU-3 allows a mix of commercial and industrial areas that include office, many commercial use types, and limited impact industrial areas. There are, however, areas that are most suitable for industrial development and not for any of these mixed uses. 

 

The Kearney Gateway area is also considered to be a mixed-use area.  The plan also incorporates the specific area plans, the West Platte Corridor, the ICMU District, and the Cherry Avenue Corridor that has been completed over the past several years.  The plan also includes an annexation section, which is a requirement in State law that did not exist when the 1997 plan was done.  This is a concept for annexation, but not a commitment to annexation. There should be an overall phase program for annexation within the Comprehensive Plan which will be detailed and elaborated on as annexations are addressed over the next 20 years.

 

The plan also contains an amended transportation network.  A study is currently underway which will be much more detailed in dealing with this.  The major transportation steps in this plan include the regional Cherry Avenue Bypass, the collector parkway concept of providing connectedness generally along 65th Street or on half section lines to link neighborhoods together.  It also includes an extension to the west of 39th Street and potential grade separations over the Union Pacific at Cherry Avenue, Antelope Avenue, and at a mid-town location at about 17th Avenue.  These were elaborated on as a result of the current transportation study that is ongoing. 

 

Another major part of the new amendment is a trails plan.  They have studied trail development in Kearney in detail and the plan includes a 4-stage program for trail development that builds on the existing Cottonmill trail.  It shows how that trail will grow into an overall system that incorporates both exclusive trails, on roads, or shared routes, and other types of trail development facilities. 

 

The plan also amends the Parks Program to include a concept for neighborhood and community parks.  There are three major parks that are now anticipated in the plan; Yanney Park, Northeast Park, and a Cherry Avenue Park to accommodate future growth within those districts.  There is also the neighborhood collector parkway concept that links all those facilities together.

 

The plan updates the public facility elements of the document, representing contacts and interviews with the Staff about the state of current facilities.  The plan concludes with infrastructure elements that address the phasing of sanitary sewers and the water system upgrades. 

 

Mr. Shukert stated this is an evolutionary process rather than a revolutionary one which they believe represents some significant advances on the 1997 document.  The next step is to publish this plan with illustrations and maps and will be forthcoming and will be available in hardcopy and electronic copy.  They find that more and more people are accessing these plans on the Internet than buying a copy at $25-$30.  They will also include a poster for an overview of the entire plan.  When the document is published, it will be brought back to the Council as a resolution basically to confirm that this is the plan that you want to adopt.  

 

Regarding housing availability and affordability, the plan does have an updated housing section and looks at overall demands.  Kearney has a very effective housing market and produces a lot of housing.  Kearney has a very strong developer and home builder industry.  They were not surprised to find that this industry tends to address housing development and needs at the upper end of the scale and does not do a lot in the “affordable range”.  This would be single family housing that falls in the $80,000-$110,000 range.  This is a problem in Kearney, as well as in many communities.  One of the recommendations is the creation of a partnership that will address some of these specific issues.  The good news is that Kearney is very productive in meeting the overall housing needs.  The bad news is that housing is expensive and difficult to satisfy the affordable housing demand through the conventional unassisted private market. 

 

Mr. Shukert stated that there are a lot of similarities between the land use and the zoning map.  It is important to note that a land use map in Nebraska law is not a zoning map.  Zoning categories must be much more specific and more focused.  A comprehensive plan is much more policy-oriented and general in nature.  What that means is that in a single family neighborhood in an area designated as a low density residential, a project wants to come in that might involve an attached housing solution that is a low density.  Under the old plan, to approve that would require a comprehensive plan amendment.   Under the new plan, if that project falls within a certain density constraints and location criteria, you would have the discretion of saying that is a good project and approve without an amendment.  The zoning would still need to be changed, but the plan does not need to be changed.  It provides this kind of flexibility.  The concept of gradients and mixed-uses builds makes the plan a little more timeless and lessens the need for many amendments.  It is difficult to build into the plan all the variances that might come up.  The plan couples a decision making framework and compatibility tables to assist in making decisions when situations arise.  Zoning tends to be single use oriented, but the plan allows several zoning categories to be adapted to a specific piece of ground without mandating comprehensive plan amendments.  He noted that the plan is a guide.  They have learned a lot over the last 5-6 years and have found a much better way of doing things and can provide a much better document.

 

Mayor Blankenship stated that he wanted it to be clear that the City is not out looking for annexation of areas that law now requires this. Traditionally, this Council and previous Councils have only annexed when it has been requested. 

 

Mr. Shukert stated that the law requires this because if a community wants to annex, there must be an annexation component in the Comprehensive Plan.  If you want to annex you need to have it; but it is not mandatory to zone.  The plan goes through the entire jurisdiction and divides things into four phases.  The fourth phase is way out there and will probably never happen.  Areas are divided into districts and the plan says what needs to be done in order to serve those districts and allow them to be annexed.  This is not a planned annex, but the plan provides the guidance to do so if requested.

 

Marvin Reichert stated that he did not believe that the plan addresses much progress west of Kearney and also asked about an exit from Interstate 80 on the west side.

 

Mr. Shukert stated that the plan does recommend a 30th Avenue Interchange.  This plan states as did in the last one, the need for two interchanges.  The first one that needs to be done is Cherry Avenue, but 30th Avenue is something that they definitely foresee being needed within the planning time horizon.  The plan also does generate development to the west although they know that many areas to the west will not receive City sewers. It is difficult for City sewer in those areas because of the terrain.  The present development in the area is generally town low-density development on well and septic or on community systems.  Those developments tend to make it tough to amortize a sewer extension.   In those areas, they tend to recommend lower density residential development either in a cluster conservation format or in a more conventional format. 

 

There was no one present in opposition to this hearing.

 

City Manager Allen Johnson stated that since the last plan, Mr. Shukert has done four revisions trying to keep up, but have been behind the power curve.  Due to the repeated growth, change, and development in Kearney, it had created a “nice problem” of a rapidly growing community.   

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the proposed amendments and text associated therewith and adoption of the City of Kearney Comprehensive Plan as updated and approve Resolution No. 2003-135 with the understanding that the completed book as approved tonight, which includes graphics, will be available after they are returned from the printers. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None. Kearney absent. Motion carried.

 

RESOLUTION NO. 2003-135

 

            WHEREAS, the City of Kearney, Nebraska, in order to comply with Section 19-901 through Section 19-915 of the Nebraska Revised Statutes, as amended, did order preparation of a Comprehensive Development Plan for the City of Kearney and did accept and adopt an initial plan in 1961; and

            WHEREAS, the plan for Kearney becomes outdated as the community grows and updating or preparation of a new plan was ordered in October, 1968, and a new Comprehensive Plan was adopted in 1969, 1976, 1984; and

            WHEREAS, the City of Kearney is the fastest growing community in the State of Nebraska and in order to address concerns and provide for orderly and efficient patterns of growth, the City is undertaking an update of the City of Kearney Comprehensive Development Plan; and

            WHEREAS, the City of Kearney has been working with Martin Shukert, principal with the consulting firm of RDG Crose Gardner Shukert to assist the City of Kearney in the continuous update of this important plan; and

            WHEREAS, the 1984 plan had become antiquated, the Council passed and approved Resolution No. 97-47 on March 25, 1997 adopting the City of Kearney Comprehensive Plan with such plan serving as the long term master planning document of the City and as an instrument that is required in order for the City to enact zoning regulations; and

            WHEREAS, the City Council, on March 9, 1999, passed and approved Resolution No. 99-39 amending the Comprehensive Plan dated March 1997 to include “The Interstate Corridor Specific Area Plan” which addressed development and future growth in the area of The Great Platte River Road Archway Monument; and

            WHEREAS, on November 23, 1999, the City Council passed and approved Resolution No. 99-226 amending the Comprehensive Plan dated March 1997 to include “The West Platte River Corridor Specific Area Plan” which addressed development and future growth in the area of E.K. and Mary Yanney Heritage Park and the 30th Avenue Railroad Overpass; and

            WHEREAS, the City Council passed and approved Resolution No. 2001-220 on October 23, 2001, amending the Comprehensive Plan dated March 1997 to include “The Kearney Bypass Corridor Land Use Plan” which addressed development and future growth of an approximately 8.5 mile east and north bypass route, including property starting north of the Interstate 80 interchange along Cherry Avenue, east approximately one-half mile and west approximately one-half mile; the properties owned by Kearney Municipal Airport; and connecting to 78th Street, extending approximately one mile south and one-half mile north of 78th Street west to 2nd Avenue (Nebraska Highway 10) at Glenwood Corners; and

            WHEREAS, on August 27, 2002 the City Council passed and approved Resolution No. 2002-188 adopting a conceptual development plan known as “The Kearney Gateway Plan” to address development, redevelopment and enhancements for an area which includes the Central Avenue business corridors from the 2nd Avenue interchange with Interstate 80 north to 25th Street, and south of 11th Street including 3rd Avenue;

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the document entitled “The Kearney Plan, the Comprehensive Development Plan for Kearney, Nebraska, August, 2003” including text, charts, tables, photographs, illustrations, and maps contained therein, be and is hereby adopted as the new Plan for the City of Kearney, and that a copy of the Plan, marked Exhibit “A” be attached hereto and made a part hereof by reference.

            BE IT FURTHER RESOLVED that all previous resolutions or parts of resolutions and ordinances in conflict herewith are hereby repealed. The repealer shall not affect the following: (1) the legal existence and status of any lawfully established zoning classification of any property within the City or its two-mile jurisdiction, which is not specifically changed by the terms or provisions of the Unified Land Development Ordinance, or the lawful existence or status of the City’s Official Zoning Map as of April 14, 2002; and (2) any right of use of any property in any zoning category lawfully existing in accordance with the legal zoning classifications or categories of property as of April 14, 2002, except that those zoning categories or uses which are changed by the Unified Land Development Ordinance shall remain as lawful non-conforming uses, subject to the terms and provisions of the Unified Land Development Ordinance and the Nebraska Statutes.  The repealer provided hereof shall not be construed to revive any ordinance or resolution or part thereof that has been repealed by a subsequent ordinance or resolution repealed by this resolution.

            PASSED AND APPROVED THIS 26TH DAY OF AUGUST, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

PROPOSED ACQUISITION – PORTION OF LOT 3, DEYLE CHARITABLE TRUST

 

Mayor Blankenship opened the public hearing on the proposed acquisition of a tract of land being part of Lot 3, Deyle Charitable Trust, an addition to the City of Kearney, Buffalo County, Nebraska and to consider Resolution No. 2003-136.

 

City Attorney Michael Kelley presented this matter to the Council. Andersen Limited acquired Lot 3 of Deyle Charitable Trust from Betty Connell. During the development of Lot 3, Deyle Charitable Trust, it was determined that the north 30 feet of 44th Street (the south 30 feet of Lot 3, Deyle Charitable Trust Addition) had not been dedicated to the City of Kearney. The conveyance is an effort by Andersen Limited to transfer ownership of the south 30 feet of Lot 3 Deyle Charitable Trust to the City of Kearney in order for the City to retain and own what is now the north 30 feet of 44th Street.

 

During the platting of Deyle Charitable Trust, including Lot 3, the property owners reserved but did not dedicate the south 30 feet for public roadway purposes. This Quitclaim Deed from Andersen Limited will officially give the City of Kearney a Permanent Roadway Easement which will then constitute the north 30 feet of 44th Street as it abuts the remainder of Lot 3 Deyle Charitable Trust. The street right-of-way subject of the Quitclaim Deed is being “gifted” to the City at no expense. Andersen Limited estimates the value of the gift to be at $64,857.20.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the proposed acquisition of a tract of land being part of Lot 3, Deyle Charitable Trust, an addition to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2003-136. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent. Motion carried.

 

RESOLUTION NO. 2003-136

 

            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 roadway purposes and voted in favor to proceed with the acquisitions; and

            WHEREAS, Anderson Limited, a Nebraska general partnership, has granted to the City of Kearney, Nebraska, a Quitclaim Deed as follows:

 

A tract of land being part of Lot 3, Deyle Charitable Trust, an addition to the City of Kearney, Buffalo County, Nebraska, more particularly described as follows: beginning at the southwest corner of Lot 3 in said Deyle Charitable Trust and assuming the south line of Lot 3 as bearing N89°45’12”E and all bearings contained herein are relative thereto; thence N89°45’12”E and on the south line of said Lot 3 a distance of 357.5 feet to a point on the west line of the 40.0 foot permanent roadway easement as shown and dedicated on the original plat of said Deyle Charitable Trust, an addition to the City of Kearney, Buffalo County, Nebraska; thence N00°14’48”W and on the west line of said 30.0 foot permanent roadway easement to a point being 30.0 feet northerly of as measured at right angles from the south line of said Lot 3; thence leaving the west line of said 30.0 foot permanent roadway easement S89°45’12”W on a line parallel with and 30.0 feet northerly on the south line of said Lot 3 a distance of 356.8 feet to a point on the west line of said Lot 3; thence S01°09’52”W and on the west line of said Lot 3 a distance of 30.0 feet to the place of beginning, all in Buffalo County, Nebraska

 

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Quitclaim Deed granted by Anderson Limited, a Nebraska general partnership to the City of Kearney be and is hereby approved and accepted.

            PASSED AND APPROVED THIS 26TH DAY OF AUGUST, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Blankenship seconded by Clouse that Subsections 1 through 15 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Buschkoetter, Hadley.  Nay: None.  Kearney absent. Motion carried.

 

1.         Approve Minutes of Regular Meeting held August 12, 2003.

 

2.         Access Services $1,650.00 Serv; Accu Cut $285.15 Various; Ace Irrigation $36.05 Lease; Adams, W $7.06 Ref; Adapt $2,795.00 Equip; Alltel $2,128.34 Various; Amer Electric $3,359.29 Various; APWA $665.00 Dues; Anderson Bros $57.00 Rep; Arends, J $13.58 Ref; Arnold, J $4.53 Ref; Baker & Taylor $689.25 Bks; Barney Abstract $5,040.00 Serv; Baye, S $25.66 Cla; BBC Audiobooks $554.72 Bks; Bert Gurney & Assoc $1,820.00 Rep; Big Flag Farm $40.00 Inv; Blue Cross Blue Shield $144,909.14 Claims; Books on Tape $393.60 Bks; Bosselman Energy $14,849.59 Inv; Bound to Stay Bound $318.30 Bks; Bourke & Nitsch $31.44 Ref; Broadfoot Sand $221.00 Su; Brodart $415.55 Various; Broderson, M $24.65 Ref; Buffalo Co Court $308.51 Ded; Buffalo Co Dist Court $129.00 Ded; Buffalo Co Reg Of Deeds $115.00 Various; Buffalo Co Treas $18.00 Fees; Cash-Wa $163.74 Su, Rep; Central Comm College $190.00 Reg; Central Valley Irrigation $687.03 Lease; Chesterman $2,402.39 Su; City of Ky $60,088.96 Various; Civic Plus $1,345.00 Serv; College Savings Plan of NE $245.00 Ded; Conseco Life Ins $38.00 Ded; Construction Rental $192.20 Various; Control Masters $2,207.08 Rep; Copycat $352.20 Various; Corp Div Services $10,132.79 Claims; Crossroads Welding $6,655.00 Capital Outlay; Culligan $115.83 Rep; Davidson Jewelry  $129.95 Incentives; Dawson County PPD $37,946.03 Serv; Depository Trust $107,370.00 Princ & Int; Deterding's $2,172.74 Various; Development Council $50,000.00 Econ Dev; Diamond Vogel Paints $89.30 Various; Donahoo, C $6.66 Ref; DPC $4,157.76 Su; Dutton Lainson $511.02 Various; Eakes $475.57 Various; Ecolab $26.00 Su; EDM Equipment $772.11 Various; Ehrhart Griffin & Assoc $8,182.19 Serv; Fairbanks $2,822.04 Rep; Farmers Union $502.80 Various; Fedex $158.45 Various; Fowler, L $19.20 Su; Fred Pryor Seminars $158.00 Tr; Frederick, M $20.00 Bks; Fremont Nat'l Bank $32,422.48 Various; Frerichs, J $28.95 Su; Gadeken, A $28.49 Ref; Gale Group $44.38 Bks; Gangwish Turf $209.52 Su; Garrett Tires $63.46 Lease; George, I $32.82 Ref; Gintzler, M $5.52 Tr; Great Plains One-Call $440.77 Serv; Great Plains Safety & Health $3,430.00 Serv; GW's Auto Center $106.37 Ref; H&G Cleaners $264.67 Serv; H&H Distributors $1,439.50 Su; Hansen, W $25.14 Ref; Hastings Fire & Rescue $80.00 Reg; Heartland Clerks Assoc $20.00 Dues; Heisler, K $11,712.75 Capital Outlay; Highsmith $257.76 Serv; Holmes Plbg $3.77 Su; Hometown Leasing $206.00 Serv; Hotsy $79.86 Rep; Hydienic Lab $400.00 Serv; ICMA RC $2,455.35 Ded; Information Today $305.05 Bks; Inst of Police Tech & Mgt $9,000.00 Tr; IRS $81,768.50 Ded; Iosty Plbg $355.00 Serv; IPMA $309.00 Tr; J&D's Screen Print $55.83 Ref; Jacobi's Carpet One $1,440.40 Various; Ky Area Children's Museum $46.99 Ref; Ky Clinic $937.00 Serv; Ky Concrete $20,274.69 Serv; Ky Crete & Block $459.74 Su; Ky Hub $3,018.05 Adv; Ky Winlectric $168.14 Various; Killion Motors $26.10 Rep; King, J $19.69 Tr; Koen Book $161.92 Bks; Labrayere, R $31.64 Ref; Lang, L $22.69 Tr; Leibhart, F $16.03 Ref; Linweld $17.99 Su; Lockmobile $303.80 Rep; M.S.I. $11,700.00 Equip; Magic Cleaning $600.00 Serv; McCollister & Co $732.40 Inv; McPherson, D $20.24 Ref; Meyer, C $2.18 Ref; Meyer, M $9.17 Ref; Mid America Pay Phone $200.00 Serv; Midway Aviation $340.23 Tr; Midwest Turf $180.79 Rep; Miller & Assoc $210.00 Serv; Miller, V $30.90 Ref; Minitex $965.00 Serv; Morris Press $271.14 Su; Municipal Supply $413.50 Inv; Murphy Tractor $2,013.53 Rep; NAPA  $105.47 Various; Nat'l Paper Supply $120.18 Su; Nat'l Waterworks $10,471.92 Various; NCS Equip Rental $1,507.97 Rep; NE Child Support $978.18 Ded; NE Dept of Aeronautics $370.00 Repayment; NE Dept of Env Quality $75.00 Renewal; NE Dept of Motor Vehicles $26.25 License; NE Dept of Revenue $46,289.09 Taxes; NE Supreme Court $21.00 Bks; NE Machinery $1,833.91 Rep; NEland Dist $1,512.75 Su; New World Systems $2,478.49 Serv; Nielsen, D $19.35 Ref; Northwest Electric $726.45 Various; Northwestern Energy $714.06 Serv; Novus Windshield Repair $45.00 Su; NOWWA $220.00 Reg; Oliver, J $6.05 Ref; Olsson Assoc $13,891.49 Serv; OMB Police Supplies $257.74 Su; Paramount Linen $338.35 Various; Pat's Plumbing $892.61 Rep; Paul Otto Curb Grinding $144.00 Serv; Paulsen $119,199.99 Serv; Picquet, J $13.00 Ref; Pierson, Fitchett, Hunzeker $98.00 Serv; Pitney Bowes $2,039.00 Serv; Platte Valley Comm $10,221.29 Various; Platte Valley Med Group $71.00 Serv; Preferred Mail $28.26 Pstg; Presto X $138.00 Serv; PRIMA $310.00 Dues; Pueblo Chemical $111.80 Rep; Quality Books $3,736.19 Bks; Ready Mix Concrete $128.00 Rep; Recognition Unlimited $8.90 Su; Recorded Books $5.95 Bks; Reserve Account $8,000.00 Pstg; Rich, T $5.52 Tr; Schick, A $28.76 Ref; Schindler, A $4.90 Ref; Sherwin Williams $454.97 Various; Sinclair, K $19.66 Ref; Smith, J $240.00 Serv; Snap On Tools $23.00 Su; Splitter, M $371.00 Tr; Sprint $305.16 Serv; Stewart, J $23.58 Ref; T&B Cleaning $1,500.00 Serv; Tactical & Survival Spec $305.00 Equip; Thome, B $9.18 Ref; Thompson, K $34.50 Tr; Thompson, L $100.00 Rep; Ultramax $1,821.00 Various; Union Oil $2,880.80 Inv; United States Treasury $510.00 Various; UPSTART $53.16 Su; Vermont Systems $16.00 Various; Video Svc Of America $21.96 Su; Walters Electric $246.81 Rep; Washington State Support Regis $102.01 Ded; Watts, C $16.30 Ref; West Central NE Home Builders Assoc $360.00 Dues; West Group $2,224.93 Su; West, G $62.50 Ref; Wilke, C $3.15 Tr; Wilke-Donovan's True Value $133.33 Various; Woods & Aitken $813.47 Serv; Payroll Ending 08-09-2003 -- $260,093.20.  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.         Receive recommendations of Planning Commission and set September 9, 2003 at 7:30 P.M. as date and time for hearing on those applications where applicable.

 

4.         REMAIN ON THE TABLE UNTIL SEPTEMBER 9, 2003 MEETING. Consider 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 and approve Resolution No. 2003-102.

 

5.         Ratify the action taken by the Kearney Municipal Airport Corporation on approving the Grant Agreement between the City of Kearney/Kearney Municipal Airport and the Federal Aviation Administration for Project AIP No. 3-31-0045-12 for the installation of perimeter fencing and service road at the Kearney Municipal Airport  and approve Resolution No. 2003-137.

 

RESOLUTION NO. 2003-137

 

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

            PASSED AND APPROVED THIS 26TH DAY OF AUGUST, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

6.         Approve the Application for a Special Designated License submitted by JCB ENTERPRISES, dba “Bill’s Liquor” in connection with their Class CK39105 liquor license to dispense beer, wine and distilled spirits on September 27, 2003 from 3:00 p.m. until 1:00 a.m. in the Extension Building at the Buffalo County Fairgrounds for a wedding reception and dance.

 

7.         Approve Application and Certificate for Payment No. 1 in the amount of $127,089.99 submitted by Dan Roeder Concrete Inc. in conjunction with the 2003 Part III Improvements consisting of Paving Improvement District No. 2003-874 for 52nd Street from Avenue E to 175 feet west of Avenue B Place, Paving Improvement District No. 2003-875 for Avenue C Place from 52nd Street to its terminus in a cul-de-sac, Paving Improvement District No. 2003-876 for Avenue B Place from 52nd Street to its terminus in a cul-de-sac and approve Resolution No. 2003-138.

 

RESOLUTION NO. 2003-138

 

WHEREAS, Dan Roeder Concrete, Inc. has performed services in connection with the 2003 Part III Improvements consisting of Paving Improvement District No. 2003-874 for 52nd Street from Avenue E to 175 feet west of Avenue B Place, Paving Improvement District No. 2003-875 for Avenue C Place from 52nd Street to its terminus in a cul-de-sac, Paving Improvement District No. 2003-876 for Avenue B Place from 52nd Street to its terminus in a cul-de-sac, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $127,089.99 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

Original Contract Sum

$225,828.20

 

 

Contract Sum To Date

225,828.20

Gross Amount Due

141,211.00

Retainage 10%

14,121.01

Amount Due to Date

127,089.99

Less Previous Certificates for Payment

             .00

 

 

Current Payment Due

$127,089.99

 

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

            PASSED AND APPROVED THIS 26TH DAY OF AUGUST, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

8.         Approve the Application for a Special Designated License submitted by “Kochies” in connection with their Class C39695 liquor license to dispense beer, wine and distilled spirits on September 27, 2003 from 5:00 p.m. until 1:00 a.m. in the Ag Pavilion at the Buffalo County Fairgrounds for a wedding reception.

 

9.         Approve the Application for a Special Designated License submitted by EXPRESSIONS CATERING, dba “Paradise Cove” in connection with their Class C58433 liquor license to dispense beer, wine and distilled spirits on September 19, 2003 from 5:00 p.m. until 1:00 a.m. in the Extension Building at the Buffalo County Fairgrounds for a dinner and dance subject to the City receiving the required Certificate of Insurance.

 

10.        Approve the Application for a Special Designated License submitted by STEVE & JONI PAULSEN, dba “The Sand Bar” in connection with their Class CK28462 liquor license to dispense beer, wine and distilled spirits on September 19 and 20, 2003 from 5:00 p.m. until 1:00 a.m., and September 21, 2003 from 5:00 p.m. until 12:00 a.m. in the Exposition Building at the Buffalo County Fairgrounds for a rodeo.

 

11.        Approve the Application for a Special Designated License submitted by STEVE & JONI PAULSEN, dba “The Sand Bar” in connection with their Class CK28462 liquor license to dispense beer, wine and distilled spirits on September 20, 2003 from 5:00 p.m. until 1:00 a.m. in the Exhibit Building at the Buffalo County Fairgrounds for a rodeo dance.

 

12.        Approve the Application for a Special Designated License submitted by KABB LLC, dba “Tri City Arena” in connection with their Class IK49859 liquor license to dispense beer and distilled spirits on September 20, 2003 from 12:00 p.m. until 6:00 p.m. in an enclosed area in front of the arena for a beer garden.

 

13.        Approve Application and Certificate for Payment No. 2 in the amount of $433,071.73 submitted by Blessing, LLC in conjunction with the 2003 Part II Improvements consisting of Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive and approve Resolution No. 2003-139.

 

RESOLUTION NO. 2003-139

 

WHEREAS, Blessing, LLC has performed services in connection with the 2003 Part II Improvements consisting of Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $433,071.73 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,042,501.30

 

 

Contract Sum To Date

1,042,501.30

Gross Amount Due

512,039.89

Retainage 10%

51,203.99

Amount Due to Date

460,835.90

Less Previous Certificates for Payment

     27,764.17

 

 

Current Payment Due

$433,071.73

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 2, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 26TH DAY OF AUGUST, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

14.        Approve the application submitted by Susan Underhill to extend Conditional Use Permit No. 79-06 to locate a day care at 2803 Avenue I for a period of one year.

 

15.        Approve Change Order No. 1 for an increase in the amount of $4,065.60 and Change Order No. 2 for an increase in the amount of $1,724.00 submitted by Paulsen, Inc. and approved by Ehrhart Griffin & Associates in conjunction with the 39th Street and 11th Avenue Intersection Improvements and approve Resolution No. 2003-140.

 

RESOLUTION NO. 2003-140

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 39th Street and 11th Avenue Intersection Improvements; and

WHEREAS, the City's engineer, Ehrhart, Griffin & Associates, has filed with the City Clerk Change Order No. 1 showing an increase in the amount of $4,065.60, as shown on Exhibit “A”, and Change Order No. 2 showing an increase in the amount of $1,724.00, as shown on Exhibit “B”, attached hereto and made a part hereof by reference as follows:

 

 

Original Contract Sum

$499,598.05

     Change Order No. 1 (08-26-2003)

+  4,065.60

     Change Order No. 2 (08-26-2003)

+  1,724.00

Contract Sum To Date

$505,387.65

 

 

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

            PASSED AND APPROVED THIS 26TH DAY OF AUGUST, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                         AND EX-OFFICIO MAYOR

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 6983 – SELL Lot 19 of Block 1, and Lot 4 of Block 8, Lighthouse Point

 

The approval of Lighthouse Point Seven was presented at the last regular Council meeting on August 12, 2003. One of the provisions of the agreement, paragraph 10, provides that the City will transfer a portion of Lot 19, Block 1 (previously Lot 32 of Block 3) and all of Lot 4, Block 8 to the Homeowner’s Association. At the time of the execution of this agreement in May of 2002, the Homeowner’s Association consisted of Dan and Trudy Hirschfeld, who also are the primary parties owning DT Development Corp. Since that time, the Hirschfelds have resigned from the Homeowner’s Association and their lawyer has requested that we transfer the property to DT Development, who was the other party of the contract.

 

In discussing the issue with Mr. Jeff Orr, attorney for DT Development, the City had prepared to transfer a portion of Lot 19 and all of Lot 4 to DT Development.  However, Mr. Orr agreed that DT Development would accept the transfer of all of Lot 19 and all of Lot 4, thus eliminating the City’s involvement with the Homeowner’s Association for Lighthouse Point. The City has prepared a deed to transfer all of Lot 19 and all of Lot 4, minus a Temporary and Permanent Construction Easement across the south portion of Lot 4, which the City requires for the construction and maintenance of a storm sewer across the lot.

 

The transfer of the lots to DT Development places those lots back on the tax rolls.  There is some loss of property to Ted Baldwin Park, which is the northern tip portion of Lot 19.  However, the transfer of this small northern portion of Lot 19 removes the cost of maintenance and should be more than offset by the increased property taxes accrued therefrom.

 

Council Member Clouse introduced Ordinance No. 6983, being Subsection 1 of Agenda Item V to sell Lot 19 of Block 1, and Lot 4 of Block 8, Lighthouse Point, an addition to the City of Kearney, Buffalo County, Nebraska to DT Development, 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, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney 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. 6983 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent. Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 6983 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6983 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

 

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 remain on the table until September 9, 2003.

 

Moved by Buschkoetter seconded by Blankenship that 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” remain on the table until September 9, 2003. Roll call resulted as follows: Aye: Blankenship, Clouse, Buschkoetter, Hadley. Nay: None. Kearney absent. Motion carried.

 

FINAL ALLOCATION OF LEVY – COMMUNITY REDEVELOPMENT AUTHORITY AND OFFSTREET PARKING DISTRICT NO. 1

 

Mayor Blankenship opened for discussion the final allocation of levy authority in the amount of $109,140.00 for the Community Redevelopment Authority of the City of Kearney for fiscal year 2003-2004 and final allocation of levy authority in the amount of $25,000.00 for Offstreet Parking District No. 1 for fiscal year 2003-2004 and to consider Resolution No. 2003-141.

 

Director of Finance and Administration presented this matter to the Council. On April 11, 1996, the Nebraska Legislature enacted LB 1114 which reduced or eliminated the rate of taxation for property taxes authorized for cities and other political subdivisions. Under LB 1114, the rates for levying property taxes are limited for each type of governmental unit in the State of Nebraska. The rate for cities such as Kearney, after July 1, 1998, may not exceed $.45 per one hundred dollars of taxable value plus an additional $.05 for payments due under Inter-Local Cooperation Act agreements. Additionally, after July 1, 1998, the allowable tax rates for Community Redevelopment Authorities and Offstreet Parking Districts have been eliminated.

 

Under LB 1114, the Community Redevelopment Authority and Offstreet Parking District No. 1 may submit a “Preliminary Request for Levy Allocation” to the City Council and be allocated property taxes, as authorized by law, which are allowed for the City of Kearney. If the City Council approves a “Final Levy Allocation” for the Community Redevelopment Authority and Offstreet Parking District No. 1, their levy will be counted in the City of Kearney levy limit, which is $.45 per one hundred dollars of taxable value.

 

State Statute 77-3443.03 requires Community Redevelopment Authorities and Offstreet Parking Districts to submit a preliminary request for levy allocation to the City Council prior to August 1. Additionally, State Statute 77-3443.04 requires the City Council to adopt, by September 1, a resolution which determines a final allocation of levy authority for the Community Redevelopment Authority and Offstreet Parking District No. 1.

 

The Community Redevelopment Authority and Offstreet Parking District No. 1 rely on property taxes as a primary revenue source each year. The City Council is required to approve, modify, or deny the “Final Levy Allocation” for these two political subdivisions pursuant to the Nebraska Budget Act.

 

The Community Redevelopment Authority has submitted a 2003 “Preliminary Request for Levy Allocation” in the amount of $109,140.00 and the Downtown Improvement Board has submitted a 2003 “Preliminary Request for Levy Allocation” in the amount of $25,000.00. The Community Redevelopment Authority 2003 tax request is the same as the 2002 tax request and the Offstreet Parking District No. 1 2003 tax request is the same as the 2002 tax request.

 

LB 1114 requires that the City Council determine a “Final Allocation of Levy Authority” for the Community Redevelopment Authority and Offstreet Parking District No. 1 by September 1. Based on the tax requirements included in the 2003-2004 budgets for the City of Kearney, the Community Redevelopment Authority, and Offstreet Parking District No. 1, the combined tax rate for all three entities will be well below the $.45 per one hundred dollars of taxable value allowed under LB 1114 for 2003.

 

Moved by Blankenship seconded by Clouse to approve the final allocation of levy authority in the amount of $109,140.00 for the Community Redevelopment Authority of the City of Kearney for fiscal year 2003-2004 and final allocation of levy authority in the amount of $25,000.00 for Offstreet Parking District No. 1 for fiscal year 2003-2004 and approve Resolution No. 2003-141.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent. Motion carried.

 

RESOLUTION NO. 2003-141

 

            WHEREAS, Section 77-3443.03 of the Nebraska Revised Statutes, as amended, requires Community Redevelopment Authorities and Offstreet Parking Districts to submit a preliminary request for levy allocation, on or before August 1, to the City Council; and

            WHEREAS, the Community Redevelopment Authority of the City of Kearney submitted to the City, on July 15, 2003, a preliminary request for levy allocation in the amount of $109,140.00; and

            WHEREAS, the Downtown Improvement Board, on behalf of Offstreet Parking District No. 1, submitted to the City, on July 29, 2003, a preliminary request for levy allocation in the amount of $25,000.00; and

            WHEREAS, Section 77-3443.04 of the Nebraska Revised Statutes, as amended, requires the City Council to adopt, by September 1, a resolution (by a majority vote of members present) which determines a final allocation of levy authority to the Community Redevelopment Authority and Offstreet Parking District No. 1.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to the provisions of Section 77-3443.04 of the Nebraska Revised Statutes, as amended, that a final allocation of levy authority of $109,140.00 is hereby approved for the Community Redevelopment Authority of the City of Kearney for 2003 and a final allocation of levy authority of $25,000.00 is hereby approved for Offstreet Parking District No. 1 for 2003.

BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to the provisions of Section 77-3443.04 of the Nebraska Revised Statutes, as amended, that the City Clerk is ordered to forward a copy of this resolution to the chairperson of the Community Redevelopment Authority of the City of Kearney and the chairperson of the Downtown Improvement Board.

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

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect September 1, 2003.

            PASSED AND APPROVED THIS 26TH DAY OF AUGUST, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

NORTHWESTERN PUBLIC SERVICE – EXTEND FRANCHISE AGREEMENT

 

Mayor Blankenship opened for discussion the extension of extending the franchise agreement granted to Northwestern Public Service Company by Ordinance No. 2859 subject to all the conditions and regulations set forth therein until further action of the Mayor and City Council and to consider Resolution No. 2003-142.

 

City Attorney Michael Kelley presented this matter to the Council. Effective September 1, 1978, the Mayor and City Council of the City of Kearney granted a non-exclusive franchise agreement to Northwestern Public Service Company, authorizing it to continue to erect, construct, operate and maintain all necessary gas mains and other equipment in, under, along and across the streets and public right-of-ways of the City of Kearney in order to provide natural gas services to the city. That franchise was for a period of 25 years, and is due to expire on September 1, 2003. Because of the passage of LB 790 during the last Unicameral term, which completely restructures the regulation of gas services within the state, the City has retained the services of Dahlen Berg consulting firm to assist the City in preparing the proposed terms and conditions of a new Ordinance in order to grant a new franchise right to Northwestern.

 

Due to the review of LB 790 and various negotiations between the consultant and Northwestern, an Ordinance acceptable to all the parties has not yet been generated. However, Administration believes it is in the best interests of the citizens of the city to extend and continue the terms and conditions of the current franchise Ordinance, thus assuring continued services to the city by Northwestern until such time as an appropriate Ordinance can be generated.

 

There appears to be no financial implications at this time. The City will continue to receive the Occupation Tax generated by services rendered by Northwestern Public Service under the appropriate code sections.

 

Resolution No. 2003-142 will authorize the Northwestern Public Service Company to continue to provide gas services to the city of Kearney, subject to all the conditions and regulations set forth in the current franchise agreement, until further action is taken by the Mayor and Council.

 

Moved by Clouse seconded by Hadley to approve the extension of extending the franchise agreement granted to Northwestern Public Service Company by Ordinance No. 2859 subject to all the conditions and regulations set forth therein until further action of the Mayor and City Council and approve Resolution No. 2003-142.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent. Motion carried.

 

RESOLUTION NO. 2003-142

 

            BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA:

 

WHEREAS, Ordinance No. 2859, approved by the Mayor and Council of the City of Kearney, Nebraska, granted the right and privilege to erect, construct, operate and maintain with all necessary mains, pipes, services, appliances and other appurtenances incidental thereto, in, under along and across each and all of the streets, alleys, avenues, lanes, and other public places of the City of Kearney, Nebraska (the “City”), for the purpose of transmitting and furnishing gas for lighting, heating, industrial and other purposes, to Northwestern Public Service Company, effective September 1, 1978; and

WHEREAS, such natural gas franchise right was for a period of twenty-five (25) years; and

WHEREAS, Northwestern Public Service Company and its successor NorthWestern Energy, a division of NorthWestern Corporation (the entity formerly know as Northwestern Public Service Company, hereinafter referred to as “NorthWestern”) has provided natural gas service to residents of the City during such period of franchise right and has indicated to the City that it does wish to continue to furnish such natural gas service, and to continue to use the streets, alleys, avenues, lanes, and other public places of the City to provide such service pursuant to a new franchise for a similar term; and

WHEREAS, the City has retained the service of a consultant to assist the City in preparing the proposed terms and conditions of an ordinance to define the franchise right to be granted to NorthWestern for such new franchise term; and

WHEREAS, the City desires, during the interim period, to continue and extend, under the terms and conditions of the current franchise ordinance, the franchise rights of NorthWestern until such new franchise ordinance can be approved by the Mayor and City Council;

            NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY:

            Section 1.  The right and privilege to erect, construct, operate and maintain with all necessary mains, pipes, services, appliances and other appurtenances incidental thereto, in, under along and across each and all of the streets, alleys, avenues, lanes, and other public places of the City of Kearney, Nebraska, for the purpose of transmitting and furnishing gas for lighting, heating, industrial and other purposes, heretofore granted to Northwestern Public Service Company, by Ordinance No. 2859, shall continue and extend for NorthWestern from the first day of September, 2003, subject to all of the conditions and regulations set forth therein, until further action of the Mayor and City Council.

            Section 2.  The City Manager is hereby authorized and directed to work with such consulting firm as his office deems appropriate and with representatives of NorthWestern to negotiate the terms of a proposed new franchise ordinance to be presented to the Mayor and City Council for its review and approval. 

            Section 3.  This resolution shall take effect and be in force from and after its passage, approval and publication as required by law, and its written acceptance by NorthWestern.

            Passed and approved this 26th day of August, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

HIKE-BIKE TRAIL, PHASE III – AWARD BID

 

Mayor Blankenship opened for discussion the bids received for the Cottonmill to Fort Kearney Phase III Hike-Bike Trail and to consider Resolution No. 2003-143 awarding the bid to Blessing, LLC in the amount of $391,095.00 and to reject the bid submitted by Midlands Contracting, Inc. in the amount of $295,202.60 for the Pedestrian Bridge.

 

Director of Parks and Recreation Neal Lewis presented this matter to the Council. This is the second phase of a grant that the Kearney Great Platte River Archway Foundation applied for and received through the Highway Department.  The first part was the roadway enhancement, which was about $333,000.  The total grant was for $937,400 of which about $187,400 was City and $750,000 was Federal.  This is one that has gone through quite a few transitions.  The final part is the trail and the bridge. 

 

They received two bids, one outstanding, but the other was not.  One bid was for the bridge.  When dealing with federal dollars, unless you accept that bid, you cannot negotiate with a single bidder.  The bid was 137 percent of the engineer’s estimate, but didn’t think they could accept that.  They recommended rejecting that bid.  In visiting with the contractors, some people were reluctant because they needed to put up a bid bond because they had never done that before.  The abutments were in the lake, which they think can be moved back now, so they will do a little work on that and make it a little cleaner.  They will come back this winter and re-bid it.  They are not going to abandon the historic bridge. 

 

With regard to the trail, they had a low bid from Blessing LLC for about $391,000 which is an outstanding bid.  This bid is the best bid they have received on any of their trail sections.  They recommend to accept the base bid which takes the trail from where you turn on Phase III and down to 2nd Avenue and proceed to Carlos O’Kelly’s, go straight under Highway 10/2nd Avenue, turn and go in front of a number of businesses, through the NPPD property, and line up with the Archway Parkway Drive.  This takes the trail off the street, which is the safest and believes they probably won’t have this good a bid again to use this 80-20 money. If they take the bid of $391,000, they will have $708,000 left to visit with the people at the Arch and possibly look at some matching money for the bridge.

 

Blessing has quite a few projects going on, and they are looking at doing the trail late winter or in the spring.  They have left it open for the contractor to decide.  The time will be tied down at the pre-construction meeting.  In the interim, there will be an asphalt or concrete path that will connect with the Archway parking lot.  If the Arch decides they want to do some development along that trail, it might be better to make a temporary spur so people can get down there, but we would not have to remove concrete. 

 

They were very disappointed at the one bid, because they had 5-6 people show interest take plans out and spend a lot of time with pre-bid meetings.  The bid was close, but just not acceptable.  They will come back after the first of the year and try to catch contractors in the spring construction.  They will talk to the bridge people and see if they are interested in winter work.  They are going to tighten this up and see if they can get things to work.  The preformed bridges at Yanney and Cottonmill are 10-foot wide and about $1,000 per linear foot.  This bridge is 16-foot wide and has historical significance.  $200,000 is in the range for a bridge there at any rate. 

 

They are still trying to figure out what the best scenario is.  Mr. Lewis believes they need to sit down with Administration to see how the City can best leverage the money.  He also needs to talk to the State and Federal people.  This has been a long term deal and he doesn’t want to loose the money.  He thought that if they can separate the abutments out and have someone put those in with this money, then a separate contractor could put in the bridge.  The abutments would be there and the trail comes to it and then the bridge on which would split the cost.  They have enough money to get the abutments in with the money that is on hand.  They just in good conscious could not go that cost on the bridge. 

 

City Manager stated that the City should go into this project with the understanding that they have an obligation to complete this bridge project.  This is not a decision of whether we do it or not.  This has been a joint venture with the Arch Foundation and he stated that they want this bridge very much.  They are disappointed in this solution, but he agrees with Mr. Lewis, they cannot pass up Blessing’s bid. 

 

Mayor Blankenship agreed with Mr. Johnson and added that this will be a nice addition to the whole parkway system. 

 

Moved by Hadley seconded by Buschkoetter to approve the bids received for the Cottonmill to Fort Kearney Phase III Hike-Bike Trail and approve Resolution No. 2003-143 awarding the bid to Blessing, LLC in the amount of $391,095.00 and to reject the bid submitted by Midlands Contracting, Inc. in the amount of $295,202.60 for the Pedestrian Bridge.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Buschkoetter.  Nay: None.  Kearney absent. Motion carried.

 

RESOLUTION NO. 2003-143

 

            WHEREAS, Kirkham Michaels Consulting Engineers have reviewed the sealed bids which were opened on August 18, 2003, at 2:00 p.m. for the Cottonmill to Fort Kearney Phase III Hike-Bike Trail which included a pedestrian bridge; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the hike-bike trail was $573,887.00; and

WHEREAS, the said engineers have recommended the bid offered by Blessing LLC of Kearney, Nebraska in the sum of $391,094.50 be accepted as the lowest responsible bid for the hike-bike trail; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the pedestrian bridge was $217,560.75; and

WHEREAS, the said engineers have recommended rejecting the bid offered by Midlands Contracting, Inc. of Kearney, Nebraska in the amount of $295,202.60.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Blessing, LLC of Kearney, Nebraska be and is the lowest responsible bidder for the Cottonmill to Fort Kearney Phase III Hike-Bike Trail to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Blessing, LLC in the sum of $391,094.50 be and is hereby accepted.

            BE IT FURTHER RESOLVED that the Engineer’s recommendation is hereby accepted and approved, that the bid submitted by Midlands Contracting, Inc. for the placement of the pedestrian bridge in the amount of $295,202.60 be rejected and that the project be re-bid at a later date.

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for the construction of the Cottonmill to Fort Kearney Phase III Hike-Bike Trail in the amount of $573,887.00 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 26TH DAY OF AUGUST, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

2nd Annual America’s Ride to benefit the World Trade Center Miracles Foundation

 

Mayor Blankenship opened for discussion the request submitted by the Kearney Area Chamber of Commerce to block off Central Avenue from Railroad Street to 21st Street on September 3, 2003 from 6:00 p.m. until 10:00 p.m. in conjunction with the 2nd Annual America’s Ride to benefit the World Trade Center Miracles Foundation.

 

Assistant City Manager John Prescott presented this matter. The event involves a number of motorcycles and riders who are traveling from Los Angeles to New York to commemorate and build awareness for the victims of the September 11th tragedy.  Kearney has been selected as a point where the riders will spend the night on September 3rd. Originally, the request had been for a parade but has been modified to a standing display. The request had been for the City to block off Central Avenue from Railroad Street to 21st Street from 6:00 p.m. to 12:00 a.m. Midnight.

 

This is a wonderful opportunity for the community and the Police Department whole heartedly supports the effort and the event in general. Because there has been little time to organize the event, and because of on-going concerns about street blocking, the Police Department suggests an alternate location. In discussions with the Assistant City Manager, the Police Department suggested that the MONA parking lot be used in lieu of Central Avenue. This area allows for the staging of the vehicles, public access and viewing with no negative impact on traffic flow on the street. This minimizes the chances for collisions or traffic congestion and provides a greater level of safety. The hours of the event, from 6:00 p.m. to 12:00 a.m. Midnight would be acceptable, though it could help avoid congestion if the event were limited to 10:00 p.m.

 

Since the memo was written, Administration had some further discussions with the Chamber.  They have been able to work through some issues with the blocking of street.  They talked with some businesses in the downtown area to make sure that their business would not be impacted in a negative way.  The restaurants and bars in that area are in support of this application.  Michelle Stover, who represents the Chamber in this matter, said that some of the businesses that are ordinarily closed on Wednesday evenings are planning to open to take advantage of the additional crowd.  It should be a good promotional event for the downtown area.  Mr. Prescott indicated stated that they have met all the administrative requirements related to insurance in view of blocking the street.

 

Michelle Stover, 816 East 25th Street, for the Kearney Area Chamber of Commerce stated that Kearney is the fourth or fifth stop on a 19-city tour.   Kearney was asked to be one of the host cities.  This is a great community event because the tour will be getting coverage from Good Morning America as they stop in each community.  This will also raise awareness for other communities to come here and visit.  It is her understanding that some of the firefighters, who were at Ground Zero, are riding with them all the way back to New York from LA.  Their purpose is to raise money for the families and the Foundation of 911.  One of the celebrities with them will be Chris Judd, who was with the Judd Family Singers.  They will visit with people and show their bikes.  They estimate that there will be between 100-125 bikes by the time they get here, not counting the ones they have picked up in the cities where they have stopped in on the way.

 

Moved by Buschkoetter seconded by Blankenship to approve the request submitted by the Kearney Area Chamber of Commerce to block off Central Avenue from Railroad Street to 21st Street on September 3, 2003 from 6:00 p.m. until 10:00 p.m. in conjunction with the 2nd Annual America’s Ride to benefit the World Trade Center Miracles Foundation.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Buschkoetter, Hadley.  Nay: None.  Kearney absent. Motion carried.

 

OPEN ACCOUNT CLAIMS --      NPPD -- $80,536.99

 

Moved by Blankenship seconded by Hadley that Open Account Claims in the amount of $80,536.99 payable to NPPD be allowed.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley.  Nay: None.  Clouse abstained.  Motion carried.

 

VII.    REPORTS

 

None.

VIII.    ADJOURN

 

Moved by Clouse seconded by Hadley that Council adjourn at 9:05 p.m.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse.  Nay: None.  Kearney absent. Motion carried.

 

 

ATTEST:                                                           BRUCE L. BLANKENSHIP

                                                                        PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK