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Kearney, Nebraska

September 9, 2003

7:30 p.m.

 

Prior to the regular Council meeting, the Council met as the Board of Directors for the Kearney Area Solid Waste Agency in open and public session at 7:30 p.m. on September 9, 2003 in the Council Chambers at City Hall.  This meeting adjourned at 7:41 p.m.  A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:42 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, Don Kearney.  Absent: None.  G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present.  Some of the citizens present in the audience included: Kirk Stoner, Mitch Humphrey, Kyle Hanson, John Hanson, Terry Hibberd, Jolissa May, Keri Norris, Cole Spresser from UNK Student Director of Community Relations, 2 UNK Students, Mike Konz from Kearney Hub, Mike Cahill from KKPR Radio, and Dave Jenner from KGFW Radio.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

With the absence of a minister to give the Invocation, the Council held a moment of silence.

 

PLEDGE OF ALLEGIANCE

 

Boy Scout Eric Warren 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

 

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 23, 2003 to allow the applicants and owners additional time to work out the details required by the Planning Commission.

 

Moved by Buschkoetter seconded by Blankenship 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 23, 2003. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

FINAL PLAT – INGALLS CROSSING THIRD ADDITION

 

Moved by Buschkoetter seconded by Blankenship 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 23, 2003. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

INCLUDE IN CORPORATE LIMITS – INGALLS CROSSING THIRD ADDITION

 

Moved by Buschkoetter seconded by Blankenship 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 23, 2003. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

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

 

Moved by Buschkoetter seconded by Blankenship 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 23, 2003. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

LAND USE MAP AMENDMENT – 960 feet north of 56th Street and west of Avenue N

 

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 “High Density Residential” property described as part of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more or less, Buffalo County, Nebraska (960 feet north of 56th Street and west of Avenue N) and to consider Resolution No. 2003-144. Planning Commission recommended approval.

 

This public hearing and Public Hearings 6, 7, and 8 were discussed together but voted on separately.

 

The applicant is pursuing approval of a subdivision of property located 960 feet north of 56th Street on the west side of Avenue N. The size of the parcel is 8.02 acres. The Owner intends to develop this property into duplexes. Development of the project will require a Land Use Map Amendment and Rezoning, partial vacation of an existing subdivision, platting and annexation. This property is currently zoned Agricultural.

 

Land Use Map Amendment and Rezoning

The applicant is requesting R-2 zoning which would allow construction of duplexes or single-family homes. At one time this site was contemplated for a church site, which would also be an allowable use in R-2 zoning. 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 “High Density Residential.” The Land Use Map Amendment and Rezoning seem reasonable to staff and should be compatible with existing and proposed uses in the area. Planning Commission concurred. The entire quarter section has been conceptually master planned and the Owner will bring a Preliminary Plat forward that encompassed the entire development. Additional duplex development is proposed adjacent and to the south of this site, also on this agenda as Camron 2nd Addition. Condominium duplexes were approved several months ago for a triangular parcel of property on the northwest corner of the 56th Street and Avenue N intersection (Camron Addition), basically the old pivot corner minus a small commercial site slated for a convenience store on the corner.

 

The other adjoining duplex projects are zoned with a planned designation as C‑2/PD. Staff questioned whether, given the size of this property and no indication of site layouts, if this application should be amended to C-2/PD as well. After discussing the matter, Planning Commission decided a “planned” designation is not necessary in this case. Staff will be responsible for Site Plan Review, which can be appealed to Planning Commission and City Council if there are any discrepancies between the Owner and the City that cannot be resolved.

 

Vacation

Portions of an existing subdivision known as “Camron 1st Addition” must be vacated so that the land can be replatted. Camron 1st Addition encompasses the aforementioned pivot corner and is thus peculiarly triangular shaped. The vacation subdivides the “tips” off of the triangle along 56th Street and along Avenue N. This vacation essentially leaves Camron 1st Addition as a rectangular piece while the triangular tip along Avenue N is incorporated into Stoneridge 2nd Addition and the triangular tip along 56th Street will revert to unplatted ground. The County Surveyor will write a legal description of the triangle that will revert to unplatted ground.

 

Subdivision Plat

The applicant is requesting approval of the Final Plat for Stoneridge 2nd Addition. The Preliminary Plat was approved by Planning Commission on August 15, 2003.  This property includes the triangular tip along Avenue N left over from the aforementioned vacation. The lot comprises 8.02 acres. A Public Works Plan has been submitted. A Subdivision Agreement is not required.

 

There shall be only one access point to Avenue N from this subdivision. A note shall be placed on the Final Plat with this stipulation.

 

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.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. This tract of land is referred to as the 56th Street and Avenue N corner or as some people know it as “King’s Corner”. This parcel of land is located north of what is now being developed, which will be known as the King’s Crossing condominium or duplex project. This tract of land is north of that and will contain about eight acres.  Since the land was acquired in pieces, they went ahead and developed the first phase of their condominium project and with the next phase being presented at this meeting they will plan for addition of that project which will allow this one to be completed. This project is made up of some lots that they want to vacate and combine some lots and make one large tract that will be known as “Stoneridge Second Addition”.  This second phase of the Stoneridge project will end up as a one lot subdivision, zoned R-2, with an access point off of Avenue N which will make everything fit nicely together once they get though all the complexities. 

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Kearney 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 “High Density Residential” property described as part of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more or less, Buffalo County, Nebraska (960 feet north of 56th Street and west of Avenue N) and approve Resolution No. 2003-144.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-144

 

            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 being part of Lot 1 (now vacated), Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska, and a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the Sixth Principal Meridian, Buffalo County, Nebraska, all more particularly described as follows:  Referring to the Southeast Corner of the Southeast Quarter of Section 24 and assuming the East line of the Southeast Quarter of said Section 24 as bearings North 00º28’53” West and all bearings contained herein are relative thereto; thence North 00º28’53” West and on the East line of the Southeast Quarter of said Section 24 a distance of 969.17 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the Northeast Corner of Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing North 00º28’53” West and on the East line of the Southeast Quarter of said Section 24 a distance of 254.33 feet; thence South 89º31’07” West a distance of 750.58 feet; thence South 00º28’53” East and parallel with the East line of the Southeast Quarter of said Section 24 a distance of 480.0 feet; thence North 89º31’07” East a distance of 700.58 feet to a point on the West right-of-way line of Avenue N, an avenue in the City of Kearney, said point also being 50.0 feet Westerly of as measured at right angles from the East line of the Southeast Quarter of said Section 24; thence North 00º28’53” West and on the West right-of-way line of said Avenue N and on a line 50.0 feet Westerly of as measured at right angles from the East line of the Southeast Quarter of said Section 24 a distance of 170.46 feet; thence North 16º33’13” East and continuing on the Westerly right-of-way line of said Avenue N a distance of 57.25 feet, to a point being 33.0 feet Westerly of as measured at right angles from the East line of the Southeast Quarter of said Section 24; thence North 88º43’07” East a distance of 33.0 feet to the place of beginning.  Containing 8.02 acres, more or less, of which, 0.19 acres, more or less, are presently being used for road purposes on the East side, all in Buffalo County, Nebraska (960 feet north of 56th Street and west of Avenue N), from “Urban Single Family Residential” to “High Density Residential”, and

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

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

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Urban Single Family Residential” to “High Density Residential” the use classification for the area described as being part of Lot 1 (now vacated), Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska, and a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the Sixth Principal Meridian, Buffalo County, Nebraska, all more particularly described as follows:  Referring to the Southeast Corner of the Southeast Quarter of Section 24 and assuming the East line of the Southeast Quarter of said Section 24 as bearings North 00º28’53” West and all bearings contained herein are relative thereto; thence North 00º28’53” West and on the East line of the Southeast Quarter of said Section 24 a distance of 969.17 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the Northeast Corner of Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing North 00º28’53” West and on the East line of the Southeast Quarter of said Section 24 a distance of 254.33 feet; thence South 89º31’07” West a distance of 750.58 feet; thence South 00º28’53” East and parallel with the East line of the Southeast Quarter of said Section 24 a distance of 480.0 feet; thence North 89º31’07” East a distance of 700.58 feet to a point on the West right-of-way line of Avenue N, an avenue in the City of Kearney, said point also being 50.0 feet Westerly of as measured at right angles from the East line of the Southeast Quarter of said Section 24; thence North 00º28’53” West and on the West right-of-way line of said Avenue N and on a line 50.0 feet Westerly of as measured at right angles from the East line of the Southeast Quarter of said Section 24 a distance of 170.46 feet; thence North 16º33’13” East and continuing on the Westerly right-of-way line of said Avenue N a distance of 57.25 feet, to a point being 33.0 feet Westerly of as measured at right angles from the East line of the Southeast Quarter of said Section 24; thence North 88º43’07” East a distance of 33.0 feet to the place of beginning.  Containing 8.02 acres, more or less, of which, 0.19 acres, more or less, are presently being used for road purposes on the East side, all in Buffalo County, Nebraska (960 feet north of 56th Street and west of Avenue N).

            PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – 960 feet north of 56th Street and west of Avenue N

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-2, Urban Residential Mixed-Density District” property described as part of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more or less, Buffalo County, Nebraska (960 feet north of 56th Street and west of Avenue N). Planning Commission recommended approval.

 

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 Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-2, Urban Residential Mixed-Density District” property described as part of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more or less, Buffalo County, Nebraska (960 feet north of 56th Street and west of Avenue N).  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

FINAL PLAT – STONERIDGE SECOND ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) for final plat approval for “STONERIDGE SECOND ADDITION” property described as part of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more or less, Buffalo County, Nebraska (960 feet north of 56th Street and west of Avenue N) and to consider Resolution No. 2003-145. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Hadley to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) for final plat approval for “STONERIDGE SECOND ADDITION” property described as part of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more or less, Buffalo County, Nebraska (960 feet north of 56th Street and west of Avenue N) and approve Resolution No. 2003-145 subject to the requirement that a note shall be placed on the Final Plat stipulating that there shall be only one access point to Avenue N from this subdivision. Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-145

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “STONERIDGE 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 subject to the requirement that a note shall be placed on the Final Plat stipulating that there shall be only one access point to Avenue N from this subdivision.

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

            PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

INCLUSION TO CITY LIMITS – STONERIDGE SECOND ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) for the inclusion of “STONERIDGE SECOND ADDITION” within the corporate boundaries of the City of Kearney said property described as part of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more or less, Buffalo County, Nebraska (960 feet north of 56th Street and west of Avenue N) and to consider Resolution No. 2003-146. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) for the inclusion of “STONERIDGE SECOND ADDITION” within the corporate boundaries of the City of Kearney said property described as part of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more or less, Buffalo County, Nebraska (960 feet north of 56th Street and west of Avenue N) and approve Resolution No. 2003-146. Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-146

 

            WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) for the inclusion of “STONERIDGE SECOND ADDITION” within the corporate boundaries of the City of Kearney said property described as tract of land being part of Lot 1 (now vacated), Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska, and a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the Sixth Principal Meridian, Buffalo County, Nebraska, all more particularly described as follows:  Referring to the Southeast Corner of the Southeast Quarter of Section 24 and assuming the East line of the Southeast Quarter of said Section 24 as bearings North 00º28’53” West and all bearings contained herein are relative thereto; thence North 00º28’53” West and on the East line of the Southeast Quarter of said Section 24 a distance of 969.17 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the Northeast Corner of Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing North 00º28’53” West and on the East line of the Southeast Quarter of said Section 24 a distance of 254.33 feet; thence South 89º31’07” West a distance of 750.58 feet; thence South 00º28’53” East and parallel with the East line of the Southeast Quarter of said Section 24 a distance of 480.0 feet; thence North 89º31’07” East a distance of 700.58 feet to a point on the West right-of-way line of Avenue N, an avenue in the City of Kearney, said point also being 50.0 feet Westerly of as measured at right angles from the East line of the Southeast Quarter of said Section 24; thence North 00º28’53” West and on the West right-of-way line of said Avenue N and on a line 50.0 feet Westerly of as measured at right angles from the East line of the Southeast Quarter of said Section 24 a distance of 170.46 feet; thence North 16º33’13” East and continuing on the Westerly right-of-way line of said Avenue N a distance of 57.25 feet, to a point being 33.0 feet Westerly of as measured at right angles from the East line of the Southeast Quarter of said Section 24; thence North 88º43’07” East a distance of 33.0 feet to the place of beginning.  Containing 8.02 acres, more or less, of which, 0.19 acres, more or less, are presently being used for road purposes on the East side (960 feet north of 56th Street and west of Avenue N); and

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

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on September 9, 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 “STONERIDGE SECOND 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 “STONERIDGE SECOND 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 9TH DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

LAND USE MAP AMENDMENT – northwest of the intersection of 56th Street and Avenue N

 

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 “High Density Residential” property described as a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N) and to consider Resolution No. 2003-147. Planning Commission recommended approval.

 

This public Hearing and Public Hearings 10, 11, and 12 were discussed together but voted on separately.

 

The applicant is pursuing approval to subdivide property located northwest of the intersection of 56th Street and Avenue N. The size of the parcel is 4.93 acres. The Owner intends to develop this property into duplexes. Development of the project will require a Land Use Map Amendment and Rezoning, platting and annexation.  This property is currently zoned Agricultural.

 

Land Use Map Amendment and Rezoning

The applicant is requesting R-2/PD zoning which would allow construction of duplexes or single-family homes. 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 “High Density Residential.” The Land Use Map Amendment and Rezoning seem reasonable to staff and should be compatible with existing and proposed uses in the area. Planning Commission agrees. The entire quarter section has been conceptually master planned and the Owner will bring a Preliminary Plat forward that encompassed the entire development in the future. Previously, on this agenda, additional duplex development is proposed adjacent and to the north of this site. Condominium duplexes were approved several months ago for a triangular parcel of property adjoining this parcel to the south.

 

Subdivision Plats

The applicant is requesting approval of the Final Plat for a two-lot subdivision to be known as Camron 2nd Addition. The Preliminary Plat was approved by the Planning Commission on August 15, 2003. The subdivision comprises 4.93 acres. A Public Works Plan has been submitted.  A Subdivision Agreement is not required.

 

There shall be only one access point to Avenue N and one access to 56th Street from this subdivision. A note shall be placed on the Final Plat with this access stipulation.

 

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.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. This is part of the complex project, which is trying to vacate and get these “pie-shaped” pieces ready so that they can put together the next phase of the duplex project.  He believes this will be a nice addition to that corner, which will be very livable, and user friendly.  They have provided for an easement for the sewer to the Stoneridge Second Addition lot, a public works plan, and the stipulation for the access points on 56th Street and Avenue N as requested by Planning Commission. He stated that this is the tip of the “iceberg” concerning development on this property.  In the next couple of months, there will be a plan presented that will outline the concept for that entire quarter. They have been working with the City staff on this to work out the details.  Mr. Humphrey stated that he is excited about this project and believes that it is a good one for the City.  

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship 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 “High Density Residential” property described as a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N) and approve Resolution No. 2003-147. Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-147

 

            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 being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West, of the Sixth Principal Meridian, Buffalo County, Nebraska, more particularly described as follows: Referring to the Southeast Corner of the Southeast Quarter of Section 24 and assuming the East line of the southeast Quarter of said Section 24 as bearing North 00º28’53” West and all bearings contained herein are relative thereto; thence North 00º28’53” West and on the East line of the Southeast Quarter of said Section 24, a distance of 743.50 feet; thence South 89º31’07” West a distance of 140.52 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the Northerly line of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing South 89º31’07” West a distance of 610.06  feet; thence South 00º28’53” East a distance of 568.79 feet to a point on the Northerly line of Lot 4, Block 1, of said Camron First Addition; thence North 66º05’46” East and on the Northerly line of said Camron First Addition, a distance of 66.44 feet; thence North 59º26’51” East and continuing on the Northerly line of said Camron First Addition, a distance of 145.82 feet; thence North 53º15’50” East and continuing on the Northerly line of said Camron First Addition, a distance  of 216.41 feet; thence North 40º46’35” East and continuing on the Northerly line of said Camron First Addition a distance of 169.48 feet; thence North 35º24’11” East and continuing on the Northerly line of said Camron First Addition, a distance of 108.57 feet; thence North 29º36’11” East and continuing on the Northerly line of said Camron First Addition, a distance of 145.64 feet, to the place of beginning.  Containing 4.93 acres, more or less, all in Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N), from “Urban Single Family Residential” to “High Density Residential”, and

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

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

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Urban Single Family Residential” to “High Density Residential” the use classification for the area described as being part of the southeast Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West, of the Sixth Principal Meridian, Buffalo County, Nebraska, more particularly described as follows: Referring to the Southeast Corner of the Southeast Quarter of Section 24 and assuming the East line of the southeast Quarter of said Section 24 as bearing North 00º28’53” West and all bearings contained herein are relative thereto; thence North 00º28’53” West and on the East line of the Southeast Quarter of said Section 24, a distance of 743.50 feet; thence South 89º31’07” West a distance of 140.52 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the Northerly line of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing South 89º31’07” West a distance of 610.06  feet; thence South 00º28’53” East a distance of 568.79 feet to a point on the Northerly line of Lot 4, Block 1, of said Camron First Addition; thence North 66º05’46” East and on the Northerly line of said Camron First Addition, a distance of 66.44 feet; thence North 59º26’51” East and continuing on the Northerly line of said Camron First Addition, a distance of 145.82 feet; thence North 53º15’50” East and continuing on the Northerly line of said Camron First Addition, a distance  of 216.41 feet; thence North 40º46’35” East and continuing on the Northerly line of said Camron First Addition a distance of 169.48 feet; thence North 35º24’11” East and continuing on the Northerly line of said Camron First Addition, a distance of 108.57 feet; thence North 29º36’11” East and continuing on the Northerly line of said Camron First Addition, a distance of 145.64 feet, to the place of beginning.  Containing 4.93 acres, more or less, all in Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N).

            PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – northwest of the intersection of 56th Street and Avenue N

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” property described as a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N). Planning Commission recommended approval subject to the Development Plans being approved prior to beginning projects for each lot.

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Kearney to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) to rezone from “District AG, Agricultural District” to “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” property described as a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N) subject to the Development Plans being approved prior to beginning projects for each lot.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

FINAL PLAT – CAMRON SECOND ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) for final plat approval for “CAMRON SECOND ADDITION” property described as a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N) and to consider Resolution No. 2003-148. Planning Commission recommended approval subject to the final plat must include an easement reflecting the sewer line location and a final Public Works Plan must be provided prior to being heard by the City Council.

 

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 Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) for final plat approval for “CAMRON SECOND ADDITION” property described as a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N) and approve Resolution No. 2003-148 subject to (1) the final plat must include an easement reflecting the sewer line location, (2) a final Public Works Plan must be provided, and (3) a note shall be placed on the Final Plat stipulating that there shall be only one access point to Avenue N and one access to 56th Street from this subdivision.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-148

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “CAMRON 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 subject to the requirement that a note shall be placed on the Final Plat stipulating that there shall be only one access point to Avenue N and one access to 56th Street from this subdivision.

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

            PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

INCLUSION TO CITY LIMITS – CAMRON SECOND ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) for the inclusion of “CAMRON SECOND ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N) and to consider Resolution No. 2003-149. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Hadley to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) for the inclusion of “CAMRON SECOND ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N) and approve Resolution No. 2003-149.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-149

 

            WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for Timothy Norwood, President of NP Land Development Inc. (Owner) for the inclusion of “CAMRON SECOND ADDITION” within the corporate boundaries of the City of Kearney said property described as tract of land being part of the southeast Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West, of the Sixth Principal Meridian, Buffalo County, Nebraska, more particularly described as follows: Referring to the Southeast Corner of the Southeast Quarter of Section 24 and assuming the East line of the southeast Quarter of said Section 24 as bearing North 00º28’53” West and all bearings contained herein are relative thereto; thence North 00º28’53” West and on the East line of the Southeast Quarter of said Section 24, a distance of 743.50 feet; thence South 89º31’07” West a distance of 140.52 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the Northerly line of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing South 89º31’07” West a distance of 610.06  feet; thence South 00º28’53” East a distance of 568.79 feet to a point on the Northerly line of Lot 4, Block 1, of said Camron First Addition; thence North 66º05’46” East and on the Northerly line of said Camron First Addition, a distance of 66.44 feet; thence North 59º26’51” East and continuing on the Northerly line of said Camron First Addition, a distance of 145.82 feet; thence North 53º15’50” East and continuing on the Northerly line of said Camron First Addition, a distance  of 216.41 feet; thence North 40º46’35” East and continuing on the Northerly line of said Camron First Addition a distance of 169.48 feet; thence North 35º24’11” East and continuing on the Northerly line of said Camron First Addition, a distance of 108.57 feet; thence North 29º36’11” East and continuing on the Northerly line of said Camron First Addition, a distance of 145.64 feet, to the place of beginning.  Containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N); and

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

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on September 9, 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 “CAMRON SECOND 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 “CAMRON SECOND 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 9TH DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

FINAL PLAT – PLATTE RIVER COMMERCIAL PARK SIXTH ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for David Oldfather of Platte River Investments (Owner) for final plat approval for “PLATTE RIVER COMMERCIAL PARK SIXTH ADDITION” of a tract of land being part of Government Lot 2 and part of Government Lot 4 located in Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 3.26 acres, more or less, Buffalo County, Nebraska (east side of Antelope Avenue beginning 200 feet north of 3409 Antelope Avenue and extending 380.21 feet north) and to consider Resolution No. 2003-150. Planning Commission recommended approval.

 

This Public Hearing and Public Hearing 14 were discussed together but voted on separately.

 

The applicant is pursuing approval to subdivide property located on the east side of Antelope Avenue beginning 200 feet north of 3409 Antelope Avenue and extending 380.21 feet north. The proposed two-lot subdivision is the northernmost part of the Platte River Commercial Park development. The size of the parcel is 3.26 acres. This property is currently zoned M-1 and the Owner intends to develop it for industrial land use. Development of the project will require platting and annexation.

 

Subdivision Plat

The applicant is requesting approval of the Final Plat for a two‑lot subdivision to be known as Platte River Commercial Park 6th Addition. The Preliminary Plat was approved by Planning Commission on August 15, 2003. The subdivision comprises 3.26 acres. No Public Works Plan is required; however, each lot will be responsible for managing on-site stormwater. No building permits will be issued for any lot until the City Engineer has approved the design and computations for the stormwater detention cell. A Subdivision Agreement is not required.

 

The lots feature shared access points from Antelope Avenue as shown on the Final Plat.

 

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.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. This tract is located on Antelope Avenue about a quarter mile north of east Highway 30.  This property was rezoned M-1 about six weeks ago and this is the final phase of development for the tracts that will abut onto Antelope Avenue. They are in compliance with all recommendations of the Planning Commission.

 

Director of Public Works Rod Wiederspan explained that this particular piece of land is being handled differently since it will not require any public works plan regarding storm water management. The owner of this land also owns the remainder of the ground, which he farms.  In the future, storm water detention will be required as he develops on the backside of this property.  At the present time, he is basically storing the storm water runoff on his own site. 

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for David Oldfather of Platte River Investments (Owner) for final plat approval for “PLATTE RIVER COMMERCIAL PARK SIXTH ADDITION” of a tract of land being part of Government Lot 2 and part of Government Lot 4 located in Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 3.26 acres, more or less, Buffalo County, Nebraska (east side of Antelope Avenue beginning 200 feet north of 3409 Antelope Avenue and extending 380.21 feet north) and approve Resolution No. 2003-150 subject to compliance of the following requirements: (1) no Public Works Plan is required; however, each lot will be responsible for managing on-site stormwater; and (2) no building permits will be issued for any lot until the City Engineer has approved the design and computations for the stormwater detention cell.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-150

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “PLATTE RIVER COMMERCIAL PARK SIXTH 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 subject to compliance of the following requirements: (1) no Public Works Plan is required; however, each lot will be responsible for managing on-site stormwater; and (2) no building permits will be issued for any lot until the City Engineer has approved the design and computations for the stormwater detention cell.

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

            PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

INCLUSION TO CITY LIMITS – PLATTE RIVER COMMERCIAL PARK SIXTH ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for David Oldfather of Platte River Investments (Owner) for the inclusion of “PLATTE RIVER COMMERCIAL PARK SIXTH ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Government Lot 2 and part of Government Lot 4 located in Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 3.26 acres, more or less, Buffalo County, Nebraska (east side of Antelope Avenue beginning 200 feet north of 3409 Antelope Avenue and extending 380.21 feet north) and to consider Resolution No. 2003-151. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for David Oldfather of Platte River Investments (Owner) for the inclusion of “PLATTE RIVER COMMERCIAL PARK SIXTH ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Government Lot 2 and part of Government Lot 4 located in Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 3.26 acres, more or less, Buffalo County, Nebraska (east side of Antelope Avenue beginning 200 feet north of 3409 Antelope Avenue and extending 380.21 feet north) and approve Resolution No. 2003-151. Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-151

 

            WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for David Oldfather of Platte River Investments (Owner) for the inclusion of “PLATTE RIVER COMMERCIAL PARK SIXTH ADDITION” within the corporate boundaries of the City of Kearney said property described as tract of land being part of Government Lot 2 and part of Government Lot 4, located in Section 32, Township 9 North, Range 15 West of the Sixth Principal Meridian, Buffalo County, Nebraska, more particularly described as follows:  Referring to the Southwest Corner of Government Lot 2 and assuming the West line of said Government Lot 2 as bearing NORTH and all bearings contained herein are relative thereto; thence NORTH on the West line of said Government Lot 2 a distance of 1162.1 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the Northwest Corner of Platte River Commercial Park Fifth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence continuing NORTH on the West line of said Government Lot 2 a distance of 361.1 feet; thence North 89º49’06” East a distance of 376.0 feet; thence SOUTH parallel with the West line of said Government Lot 2 a distance of 380.21 feet to the Northeast corner of Lot 1, Block 1, Platte River Commercial Park Fifth Addition; thence South 89º49’06” West and on the North line of said Platte River Commercial Park Fifth Addition a distance of 316.0 feet; thence North and continuing on the North line of Lot 1, Bock 1, of said Platte River Commercial Park Fifth Addition a distance of 20.0 feet; thence South 89º49’06” West and continuing on the North line of Lot 1, Block 1, of said Platte River Commercial Park Fifth Addition a distance of 60.0 feet to the place of beginning; containing 3.26 acres, more or less, of which, 0.274 acres, more or less, are presently being used for road purposes on the West side, all in Buffalo County, Nebraska (east side of Antelope Avenue beginning 200 feet north of 3409 Antelope Avenue and extending 380.21 feet north); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on August 15, 2003 on the inclusion of “PLATTE RIVER COMMERCIAL PARK SIXTH ADDITION” within the corporate limits and recommended the Kearney City Council approve said application; and

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

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on September 9, 2003 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City.

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

            BE IT FURTHER RESOLVED that the inclusion of “PLATTE RIVER COMMERCIAL PARK SIXTH 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 9TH DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – 6226 EAST CEDAR HILL PLACE

 

Mayor Blankenship opened the public hearing on the Application submitted by John R. Hanson and Kyle L. Hanson (Applicant and Owner) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential (Rural Standards) District” property described as Lot 13 of Block 1, Cedar Hills Subdivision, a subdivision of the East Half of the Northeast Quarter of Section 31, Township 9 North, Range 16 West of the 6th P.M., AND a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 32, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (6226 East Cedar Hill Place). Planning Commission recommended approval.

 

The applicant is pursuing approval of rezoning for property located at 6226 East Cedar Hill Place. The property consists of two parcels, a platted lot in Cedar Hills Subdivision zoned RR-1 and a previously un-zoned tract adjoining the lot, both under common ownership of the applicant. The applicant desires to zone the entire land area contained in both parcels to RR-1 so a house can be built.

 

The Owner is interested in rezoning this land to build a rural residence. Staff informed the applicant that according to Code, the remainder of the parcel that is zoned Agricultural would need to be rezoned to obtain a building permit if less than 40 acres. The un-zoned parcel is 10 acres more or less, but the two parcels taken together exceed 10 acres so no subdivision is required.

 

Kyle Hanson was present to answer any questions from the Council.

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Kearney to close the hearing and approve the Application submitted by John R. Hanson and Kyle L. Hanson (Applicant and Owner) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential (Rural Standards) District” property described as Lot 13 of Block 1, Cedar Hills Subdivision, a subdivision of the East Half of the Northeast Quarter of Section 31, Township 9 North, Range 16 West of the 6th P.M., AND a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 32, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (6226 East Cedar Hill Place).  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

CONDITIONAL USE PERMIT – ALLTEL COMMUNICATIONS; 10 EAST 31ST STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by Alltel Communications of Nebraska, Inc. (Applicant) and Good Samaritan Hospital (Owner) for a Conditional Use Permit to locate a wireless telecommunications facility on property zoned “District C-0, Office District” and described as Lot 1, Block 1, Good Samaritan Second Subdivision to the City of Kearney, Buffalo County, Nebraska (10 East 31st Street). Planning Commission recommended approval.

 

Council member Hadley vacated his chair and abstained from discussion and voting on this matter for the reason he is a Board Member of the Hospital.

 

The applicant is requesting approval of a Conditional Use Permit (CUP) for telecommunications antennas and associated equipment on the roof of Good Samaritan Hospital for Alltel Communications.

 

The antennas will extend approximately five feet above the roof-line of the existing building. Associated equipment will be roof mounted. As such, the antennas and equipment should be unnoticeable or inconspicuous from ground level. The use of the existing building is certainly preferable to construction of an additional tower. The applicant has submitted all required support information required by the Telecommunications Ordinance.

 

Keri Norris from Faulk and Foster presented this matter to the Council.  She stated that Alltel’s intention is to attach six antennas to the rooftop of the hospital and also place a lightweight equipment shelter there. The shelter will be painted to match the existing structures up there. Alltel has made an agreement with the hospital, which they are ready to sign pending the Council’s decision.

 

Council member Randy Buschkoetter asked about the need for six antennae. Ms. Norris stated usually there are three antennas but since this is digital technology it requires six antennas to be placed in different locations on the rooftop.

 

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 Alltel Communications of Nebraska, Inc. (Applicant) and Good Samaritan Hospital (Owner) for a Conditional Use Permit to locate a wireless telecommunications facility on property zoned “District C-0, Office District” and described as Lot 1, Block 1, Good Samaritan Second Subdivision to the City of Kearney, Buffalo County, Nebraska (10 East 31st Street).  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter.  Nay: None.  Hadley abstaining. Motion carried.

 

CONDITIONAL USE PERMIT – ALLTEL COMMUNICATIONS; 1919 5TH AVENUE

 

Mayor Blankenship opened the public hearing on the Application submitted by Alltel Communications of Nebraska, Inc. (Applicant) and City of Kearney, Nebraska (Owner) for a Conditional Use Permit to locate a wireless telecommunications facility on property zoned “District M-1, Limited Industrial District” and described as part of Lot 8 and 9, Patterson’s Tract “E” Subdivision to the City of Kearney, Buffalo County, Nebraska (1919 15th Avenue). Planning Commission recommended approval. Administration recommends approval subject to the execution of the Site Option and Land Lease Agreement.

 

The applicant is requesting approval of a Conditional Use Permit (CUP) for a new telecommunications tower for Alltel Communications with antennas and associated ground mounted equipment at the City of Kearney Public Works Annex. The property is zoned M-1. Alltel will pay a lease fee to the City to locate the tower here.

 

The proposed tower is a 180-foot monopole tower. Associated equipment will be ground mounted. In the hierarchy of land uses set forth in the Telecommunications Ordinance, M-1 zoning is a preferred location for tower erection. The tower will allow future co-location as required in the ordinance. The applicant has submitted all required support information required by the Telecommunications Ordinance for the construction of this tower.

 

Keri Norris from Faulk and Foster was present to answer any questions from the Council. She stated that the proposal is to construct a 180-foot tower on City property. Alltel would be locating their antennas at the 100-foot level. The additional 80 feet is to allow for future co-locators. Alltel has reached an agreement with the City. The agreement states that future co-locators would need to negotiate with Alltel for tower space, but the City would retain ownership of the land so co-locators would need to negotiate with the City for the ground space for the air equipment shelter. The additional space would allow for at least three more locators, possibly four or five depending on the arrays that each carrier would want to put up there. 

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Hadley to close the hearing and approve the Application submitted by Alltel Communications of Nebraska, Inc. (Applicant) and City of Kearney, Nebraska (Owner) for a Conditional Use Permit to locate a wireless telecommunications facility on property zoned “District M-1, Limited Industrial District” and described as part of Lot 8 and 9, Patterson’s Tract “E” Subdivision to the City of Kearney, Buffalo County, Nebraska (1919 15th Avenue) subject to the execution of the Site Option and Land Lease Agreement. Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

CATERING LIQUOR LICENSE – PARADISE COVE

 

Mayor Blankenship opened the public hearing on the application submitted by EXPRESSIONS CATERING, dba “Paradise Cove” for a Catering License in conjunction with their Class “C58433” Liquor License located at 224 South 2nd Avenue and to consider Resolution No. 2003-152.

 

Kirk Stoner presented this matter to the Council. He stated that they received their Class C liquor license in March and this application goes along with their catering business. Currently, under the Class C license they can get the special designated licenses to cater at places like the Arch, Fairgrounds, etc.  He believed this license would allow them to do events easier and more cost effectively. 

 

Mayor Blankenship stated that Mr. Stoner has been in the catering business for a number of years and has been very reputable.  He has been operating Paradise Cove since mid-winter with no incidences that would reflect poorly on his record.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the application submitted by EXPRESSIONS CATERING, dba “Paradise Cove” for a Catering License in conjunction with their Class “C58433” Liquor License located at 224 South 2nd Avenue and approve Resolution No. 2003-152.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-152

 

            WHEREAS, EXPRESSIONS CATERING, dba “Paradise Cove” has filed with the City Clerk of the City of Kearney, Nebraska, an application for a Catering License in connection with their Class “C58433” (Beer, Wine and Distilled Spirits – On and Off Sale Only) Liquor License and doing business at 224 South 2nd Avenue, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, a hearing was held relating to said application on September 9, 2003.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Catering License to EXPRESSIONS CATERING, dba “Paradise Cove” in connection with their Class “C58433” (Beer, Wine and Distilled Spirits – On and Off Sale Only) Liquor License located at 224 South 2nd Avenue.

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

            PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

2003-2004 FISCAL YEAR BUDGET

 

Mayor Blankenship opened the public hearing on the adoption of the City of Kearney Budget for the 2003-2004 Fiscal Year. Planning Commission recommended approval of the capital expenditures as presented by City staff.

 

This Public Hearing and Public Hearing 20 were discussed together but voted on separately.

 

Director of Finance and Administration Wendell Wessels presented this matter to the Council. Pursuant to Section 13-506 of the Nebraska Revised Statutes, the City Council is required to conduct a public hearing on the City of Kearney proposed budget and the City of Kearney Offstreet Parking District No. 1 proposed budget for the 2003-2004 fiscal year.

 

The public hearing is a process where the City Council hears support, opposition, criticism, suggestions or observations of taxpayers relating to the proposed Budget Document. The City Council should review the 2003-2004 Budget document and bring it to the City Council public hearings. After the Budget document is reviewed and the public hearings are conducted, Ordinance No. 6990 should be passed and approved on the Regular Agenda. Ordinance No. 6990 legally adopts the Budget document and appropriates sums of money contained in the Budget document for the necessary expenses and liabilities of the City of Kearney.

 

Pursuant to the Nebraska Budget Act (State Statute 13-508), the City of Kearney is required to file the 2003-2004 adopted budget, after a public hearing, with the Buffalo County Clerk and the State of Nebraska Auditor of Public Accounts on or before September 20, 2003.

 

The 2003-2004 budget has been built on conservative financial principals that reflect staff commitment to maintaining necessary services, improving the quality of the operation of the City, and keeping expenditures and taxes as low as possible.

 

The City Council is required to conduct a public hearing concerning the budget for the City of Kearney and the City of Kearney Offstreet Parking District No. 1 pursuant to State Statutes. Therefore, the only alternative for the City is to conduct the public hearings and adopt, or amend and adopt as amended, the City of Kearney Annual Operating Budget and Program of Services for the fiscal year beginning on October 1, 2003 and ending on September 30, 2004.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and adopt the City of Kearney Budget for the 2003-2004 Fiscal Year. Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

KEARNEY OFFSTREET PARKING DISTRICT NO. 1 2003-2004 BUDGET

 

Mayor Blankenship opened the public hearing on the adoption of the City of Kearney Offstreet Parking District No. 1 Budget for the 2003-2004 Fiscal Year.

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Kearney to close the hearing and adopt the City of Kearney Offstreet Parking District No. 1 Budget for the 2003-2004 Fiscal Year.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

2003 PROPERTY TAX LEVY

 

Mayor Blankenship opened the public hearing on setting the 2003 City of Kearney property tax levy at a different amount than the preliminary property tax levy set for the City of Kearney by the Buffalo County Clerk and to consider Resolution No. 2003-153.

 

Director of Finance and Administration Wendell Wessels presented this matter to the Council. Section 77-1601.02 of the Nebraska Revised Statutes requires political subdivisions of the State of Nebraska to conduct a Special Public Hearing to set the 2003 property tax request if the request is going to be different than the 2002 property tax request. The same statutes include a provision stating that the property tax request for 2002 will be the property tax request for 2003 unless the political subdivision passes by a majority vote a resolution setting the property tax request at a different amount.

 

Resolution No. 2003-153 sets the property tax request for 2003. The 2003-2004 City of Kearney Budget includes a property tax requirement of $1,088,907.58 for the General Fund, and a property tax requirement of $263,748.00 for the Public Safety Tax Anticipation Bond Fund. The 2003 property tax requirements are different than the 2002 property tax requirements; therefore, a Special Public Hearing is required to set the 2003 property tax requirement.

 

Pursuant to the Nebraska Budget Act (State Statute 77-1601.02), the City of Kearney is required to conduct a Special Public Hearing to set the 2003 property tax request if the request is going to be different than the 2002 property tax request. The 2003 property tax requirement is different than the 2002 property tax requirement; therefore, a public hearing is required. After the public hearing, the City Council is required to pass a resolution, by a majority vote, setting the property tax request for 2003.

 

There was no one present in opposition to this hearing.

 

Council Member Kearney referred to the comments and calls that he has received from people in the community.  He referred to the City Manager’s transmittal letter stating that the budget document is the single most important report presented at the City Council during the year.  He agreed that it is very important.  The result is that the tax is going up one mill. He stated that even though the City is being very conservative, the public can be very demanding especially in the parks area. He encouraged the community to come to the budget meetings, which are advertised, so they could get a better understanding of the budget process. He complimented the staff on doing a tremendous job this year and for the things that they accomplished.  The Council has a great responsibility to maintain the infrastructure and the parks and have done a great job again this year.

 

Council member Buschkoetter stated he was previously employed by NTV and covered city government in the tri-city area.  He noted that he experienced a lot of discontent in other cities with officials and government.  Kearney welcomes public participation in the budget process because it so important.  He believes by the public’s absence at the budget meetings, that people think the City is headed in the right direction and doing the right thing.  He also believes that there is a fair amount of trust of Kearney City government with the budget process.

 

Moved by Kearney seconded by Clouse to close the hearing and approve setting the 2003 City of Kearney property tax levy at a different amount than the preliminary property tax levy set for the City of Kearney by the Buffalo County Clerk and approve Resolution No. 2003-153. Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-153

 

            WHEREAS, Neb. Rev. Stat. Section 77-1601.02, (R.R.S. 1943), as amended), authorizes the City Council to set the 2003 property tax request for the City of Kearney; and

            WHEREAS, the mayor and City Council of the City of Kearney Nebraska hereby finds and determines that it is in the best interests of the City of Kearney that a 2003 property tax request be set for the City of Kearney.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to the provisions of Neb. Rev. Stat. Section 77-1601.02 (R.R.S. 1943) an All-Purpose Tax Request of $1,088,907.58 is set for the fiscal year beginning the 1st day of October, 2003 and ending on the 30th day of September, 2004 for the purpose of equipping, maintaining and paying the departments of the City of Kearney.

BE IT FURTHER RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that, pursuant to the provisions of Neb. Rev. Stat. Section 77-1601.02 (R.R.S. 1943), a Special Tax Request of $263,748.00 is set for the fiscal year beginning the 1st day of October, 2003 and ending the 30th day of September 2004 for the purpose of paying off bonds authorized by Neb. Rev. Stat. Section 18-1202 (R.R.S. 1943).

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

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

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect October 1, 2003, and shall be published in pamphlet form.

            PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

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

 

1.         Approve Minutes of Regular Meeting held August 26, 2003.

 

2.         3M MDY9704 $604.80 Su; Ace Hardware $21.12 Various; Advance Auto Parts $10.61 Rep; AFLAC $1,655.68 Ded; Alltel $1,087.92 Various; Amazon.Com $89.79 Bks; Amer Electric $442.27 Various; Amer Fence $2,089.00 Su; Amer Planning Assoc $190.00 Tr; Andersen Wrecking $7.50 Equip; Anderson Bros $88.66 Rep; Anderson Outdoor Power $532.63 Su; Artz, L $75.00 Claim; Aspen Pub $244.68 Dues, Bks; AT&T $149.52 Serv; Baker & Taylor Books $2,093.01 Bks; Barco Municipal Products $144.79 Inv; Baye, S $24.59 Cla; Best Access Systems $113.27 Inv; Big Apple Fun Center $92.12 Reim; Blessing $433,071.73 Serv; Bloomfield, C $42.57 Various; Blue Cross Blue Shield $26,538.21 Claims; Bobs Super Store $25.78 Su; Bohlmann $97.51 Rep; Books on Tape $76.80 Bks; Brite-Way $397.45 Serv; Buffalo Co Reg Of Deeds $5.50 Serv; Buffalo Co Court $323.14 Ded; Buffalo Co District Court $129.00 Ded; Buggy Bath $16.00 Rep; Builders Warehouse $956.94 Various; Buzzs Marine Supply $88.04 Su; Cabela's Retail $26.11 Various; Canada Life Assurance $5,099.37 Various; Cash-Wa $4,059.55 Su; CDW Gov't $2,876.16 Su; Central Fire $2,854.75 Rep; Central Hydraulic System $144.89 Various; Central NE Bobcat $409.03 Inv; CHAD $6.00 Ded; Chamberlain Group $62.45 Rep; Chesterman $1,957.85 Su; Cimarron Travel Plaza $28.45 Tr; City of Ky $115,178.40 Various; Clifford of Vermont $340.00 Rep; College Directory $325.00 Adv; College Savings Plan of NE $245.00 Ded; Community Action Partnership $83.00 Tr; Computer Hardware $107.45 Su; Computer Pro's $12.95 Su; Construction Rental $28.95 Various; Copycat Printing $1,055.17 Su; Corp Diversified Services $14,008.71 Ded; Crossroads Ford $432.22 Inv; Culligan $306.19 Various; D&M Security $100.00 Rep; Dan Roeder Concrete $127,089.99 Serv; Dannehl's Feed $157.40 Su; Dell $11,656.00 Capital Outlay; Development Council $770.00 Admin; Diamond Vogel Paints $145.22 Various; Digibuy.Com $49.00 Su; Double M Farms $4,000.00 Serv; Eakes $983.14 Su; Ecolab $26.00 Su; Eileen's Colossal Cookie $13.75 Su; Elliott Equipment $533.18 Inv; Epson Store $204.90 Su; Expression Wear $249.21 Su; F&S Supply $63.37 Su; Fairbanks Int'l $176.96 Inv; Fastenal $403.16 Inv; Fenemore, C $36.00 Serv; Fiddelke Htg $711.02 Rep; Fireguard $356.89 Rep; Foley, E $500.00 Tools; Fremont Nat'l Bank $32,282.28 Ded; Frontier $953.55 Various; Gangwish Turf $210.06 Su; Gas N Shop $5.96 Su; Gordon's Small Engine Repair $59.31 Inv; Graham Tire $613.81 Inv; Grand Central IGA $65.44 Su; Grupe, B $1,385.18 Tr; H&H Dist $1,043.00 Su; Hastings Entertainment $120.00 Su; Hilton Hotels Omaha $494.58 Tr; Hobby Lobby $136.12 Su; Holmes Plbg $1,085.47 Various; Hyatt Hotels Lake Tahoe $110.88 Tr; IBT $60.88 Inv; ICMA Internet $620.00 Tr; ICMA RC $2,455.35 Ded; IRS $79,198.56 Ded; Interstate Structures $93,980.00 Serv; ISDN $14.95 Serv; J&J Railroad Services $112.00 Su; Jacobsen, Orr $612.50 Serv; JJE  $49.40 Su; Junkman $392.62 Various; K&K Parts $411.93 Inv; K Mart $257.22 Su; Ky Area Chamber $232.00 Dues; Ky Area Solid Waste Agency $57,414.03 Tipping Fees; Ky Area United Way $836.37 Ded; Ky Chamber of Commerce $65.00 Admin; Ky Crete $703.55 Su; Ky Implement $732.93 Various; Ky Warehouse $885.30 Su; Ky Yamaha $1,702.61 Various; Kelly Supply $1,088.60 Various; Kewanna Screen Printing $53.77 Su; Killion Motors $81.14 Inv; Kooyman, R $10.35 Tr; Kotschwar, T $150.00 Equip; Kugler $886.40 Rep; Kuykendall, J $425.55 Tr; Kyocera Wireless $112.86 Su; L&W Tires $2,028.38 Various; Laser Art Design $112.00 Su; Lawson Products $270.13 Various; LARM $1,700.00 Prem; Linweld $523.87 Various; Lisa's Instant Print $56.00 Su; Little Caesar's Pizza $44.00 Su; Little Kings $110.45 Su; Lockmobile $85.00 Rep; Marlatt Machine Shop $1,524.82 Various; Martinosky, M $50.00 Reim; McAtee, S $50.00 Reim; McCollister & Co. $1,281.81 Inv; McLaughlin, S $210.35 Various; Medical Air Products $70.00 Su; Midwest Turf $349.30 Various; Miller & Assoc $25,191.96 Serv; Miller Signs $120.00 Rep; Mosbarger, B $210.35 Various; Motion Ind $28.59 Rep; Mr. Automotive $1,471.75 Various; MSI Systems $29,576.00 Equip; Municipal Supply $138.50 Inv; Naden Ind $57.60 Su; NAPA $2,092.61 Various; Nat'l Arbor Day $25.00 Dues; Nat'l Fire Protection $238.61 Su; Nat'l Waterworks $218.88 Inv; NE Child Support $978.49 Ded; NE Dept of Ag $109.25 Su; NE Dept of Revenue $33,820.92 Ded; NE Dept of Roads $38,331.62 Serv; NE Golf Assoc $2,916.00 Dues; NE Library Comm $3,500.00 Serv; NE Machinery $495.65 Inv; NE Notary Assoc $119.15 Various; NE Truck Center $89.37 Inv; NEland Distributors $992.30 Su; Network Solutions $180.00 Various; Nevco Scoreboard $29.94 Rep; Nogg Chemical $289.76 Inv; Northern Tool $149.39 Rep; Northwestern Energy $1,362.13 Serv; Office Depot $650.02 Various; Office Max $281.96 Various; Officenet $1,389.56 Equip; Old Home Bakery $23.71 Su; On-Site Mobile Sharpening $69.65 Tools; O'Reilly $408.86 Various; Oriental Trade $39.30 Su; Orscheln  $382.86 Various; P.E.P. $94.50 Rep; Paul Otto Curb Grinding $36.00 Serv; Pioneer Mfg $648.00 Su; Platte Valley Communications $23.22 Various; Preferred Mail $182.98 Pstg; Presto-X $110.00 Rep; Pueblo Chemical $264.00 Rep; Quality Books $297.69 Bks; Quality Cleaners $8.90 Su; Quill $89.70 Su; Radio Shack $2.99 Inv; RDG Crose Gardner Shukert $1,000.00 Serv; Ready Mixed Concrete $12,601.98 Serv; Reams Sprinkler $4,240.14 Various; Recorded Books $542.60 Bks; Resource Mgt $2,057.40 Tire Disposal; Roper Radiator $50.00 Su; Russells Appliance $279.00 Equip; Sage, P $57.48 Cla; Sahling Kenworth $31.60 Inv; Schwan's Home Service $1,132.15 Su; Sears Dealer $205.96 Su; S-F Analytical Lab $827.00 Serv; Shell Oil $48.11 Various; Sherwin Williams $479.45 Su; Shirt Shack $1,041.60 Su; Sporty's Catalogs $614.15 Equip; St. Andrews Products $140.06 Su; State of NE DAS Comm $26.66 Serv; State of NE HHS Lab $1,042.00 Serv; Store Palm.Com $40.51 Su; Subway Store $115.05 Su; Sun Turf $1,440.00 Serv; Sutphen $7.19 Rep; SWANA $133.00 Fees; T&B Cleaning $1,100.00 Serv; Target $55.41 Su; Targets $224.08 Su; Texaco $38.56 Su; Thirsty's $39.97 Su; Thompson, L $25.00 Rep; Tielke's Sand $663.02 Su; Tollefsen Elliott $427.42 Various; Tractor Supply $1,158.97 Various; Trade Well Pallet $400.00 Su; U Save Foods $332.39 Various; UAP Pueblo $351.43 Various; Union Oil $11,811.24 Various; Unique Books $46.32 Bks; United Air $530.00 Tr; US Tennis Assoc $25.00 Dues; UPS $23.21 Pstg; US Postmaster $775.00 Pstg; USA Blue Book $213.28 Su; USPS $74.15 Pstg; Utility Equipment $9,770.57 Inv; Vessco $580.91 Su; Viking Office Products $63.74 Su; Village Cleaners $125.00 Cla; Waldenbooks $3.19 Su; Walmart Supercenter $1,503.46 Various; Washington State Support Regis $102.01 Ded; Wellness Councils of America $76.80 Wellness Program; West Group $261.00 Su; West Villa Animal Hospital $600.00 Serv; Wiederspan, R $1,178.14 Tr; Wilke Donovans True Value $62.37 Various; Wittek Golf $518.21 Su; Xerox $87.63 Su; Zimmerman Printers $53.59 Su; Payroll Ending 08-23-2003 -- $250,227.70.  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.         REMAIN ON THE TABLE UNTIL SEPTEMBER 23, 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.

 

4.         Approve the Agreement to conduct a parade submitted by the Kearney Area Chamber of Commerce for the UNK Band Day to be held on September 27, 2003 beginning at 9:00 a.m. starting at Central Avenue and Railroad Street, north on Central Avenue to 27th Street, west on 27th Street and ending at the UNK Campus.  The staging area to be closed beginning at 6:00 a.m. include Railroad Street from 4th Avenue to Avenue E, Avenue A from 21st Street to Railroad Street, and Avenues B, C and D from Railroad Street to 22nd Street, 3rd Avenue and 4th Avenue from Railroad Street to 22nd Street.  This request will also allow for the selling of refreshments during the parade.

 

5.         Approve Change Order No. 1 for an increase in the amount of $8,827.35 submitted by Interstate Structures in connection with the Kearney Area Recycling Center located at 3007 East 39th Street and approve Resolution No. 2003-154.

 

RESOLUTION NO. 2003-154

 

            WHEREAS, on February 25, 2003 the City Council awarded the bid for the Kearney Area Recycling Center located at 3007 East 39th Street in the amount of $1,293,179.00 to Interstate Structures, Inc.; and

            WHEREAS, the following are the reasons for the change order: (1) changing the crushed rock parking and driveway surface to two layers of crushed concrete for no additional cost, (2) providing a 100-gallon storage tank for the oil separator for an additional cost of $831.60, (3) the installation of the post indicator valve on the fire sprinkler system for an additional cost of $1,487.75, (4) patching and grading the existing driveway for the post indicator valve installation for an additional cost of $250.00, (5) adding 2 inches of insulation because the roof purloins are 2 inches deeper than anticipated for a cost of $5,736.00, and (6) an additional $522.00 for adding the address to the building with the same style of letters as the building name; 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 $8,827.35, as shown on Exhibit “A” attached hereto and made a part hereof by reference:

 

Original Contract Price

$1,293,179.00

Change Order No. 1 (09-09-2003)

+  8,827.35

New Contract Price

$1,302,006.35

 

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

            PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

6.         Approve the Agreement between the City of Kearney and RCOM to locate wireless internet service antennae on the 2.0 MG water tower located at 48th Street and 8th Avenue and approve Resolution No. 2003-155.

 

RESOLUTION NO. 2003-155

 

BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute the Lease Agreement (Radios on Water Towers), on behalf of the City of Kearney, with RCOM L.L.C., a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

7.         Approve setting September 23, 2003 at 7:30 p.m. as time and date for the Board of Equalization to assess costs for the 2001 Part II Improvements consisting of Paving Improvement District No. 2000-835 for 39th Street from 342 feet east of Avenue N to Union Pacific Railroad; 2002 Part I Improvements consisting of Paving Improvement District No. 2001-861, Water District No. 2001-522, and Sewer District No. 2001-463 for Avenue R from 45th Street north 785 feet; Paving Improvement District No. 2001-862, Water District No. 2001-523, and Sewer District No. 2001-464 for 46th Street Place from Avenue R east 530 feet; Paving Improvement District No. 2001-863, Water District No. 2001-524, and Sewer District No. 2001-465 for 47th Street Place from Avenue R east 530 feet; 2002 Part II Improvements consisting of Paving Improvement District No. 2001-860, Water District No. 2001-521, and Sewer District No. 2001-462 for 17th Avenue from the south lot line of Lot 4 of Block 2, Sun West Third Addition north to the north lot line of Lot 1 of Block 1, Sun West Third Addition AND for 16th Street from the west lot line of Lot 1 of Block 2, Sun West Third Addition east to the east lot line of Lot 1 of Block 4, Sun West Third Addition; Paving Improvement District No. 2001-864 for 15th Street from 6th Avenue to 7th Avenue; Paving Improvement District No. 2001-867 and Water District No. 2001-525 for 13th Avenue from 11th Street south a distance of 598± feet; Sewer District No. 2001-466 for 13th Avenue from 11th Street south to the south line of Rapp Addition and for 13th Avenue if extended a distance of 1478± feet.

 

8.         Approve setting September 23, 2003 at 7:30 p.m. as time and date for the Board of Equalization to determine a connection fee in the amount of special benefits accruing to the property in the district which fee shall be paid to the City at the time such property becomes connected to the water and/or sewer lines for Water Connection District No. 2001-1 for 11th Street from the east lot line of Lot 1, Block 2, Sun West Second Addition to the City of Kearney west to Kea West Avenue AND Kea West Avenue from 11th Street south a distance of 2046± feet; Sewer Connection District No. 2001-1 for 56th Street north and west along the Union Pacific Railroad right-of-way and through Gary Addition to Avenue N; Sewer Connection District No. 2001-2 located in that part of Government Lots 1, 2, 3 and 4 of Section 11; and Lots 1 and 2 of E.K. and Mary Yanney Heritage Park; and the Northeast Quarter of Section 10 all of which are located in Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska.

 

9.         Approve the application for a Special Designated License submitted by St. George Orthodox Church to dispense beer, wine and distilled spirits in the Extension Building at the Buffalo County Fairgrounds on October 4, 2003 from 9:00 a.m. until 10:00 p.m. for a Mediterranean dinner fund raiser.

 

10.        Approve the application for a Special Designated License submitted by Thunderhead Brewing in conjunction with their Class I47918/K47920 to dispense beer in the Extension Building at the Buffalo County Fairgrounds on November 8, 2003 from 6:00 p.m. until 1:00 a.m. for a beer festival.

 

11.        Consider the Communications Site Option and Land Lease Agreement between the City of Kearney and Alltel Communications of Nebraska, Inc. to locate a communications facility on property described as part of Lot 8 and 9, Patterson’s Tract “E” Subdivision to the City of Kearney, Buffalo County, Nebraska (1919 15th Avenue) and approve Resolution No. 2003-156. (Pertains to Public Hearing 17.)

 

12.        Approve the Application submitted by Betty Janes to use the sidewalk and the parking spaces in front of their business, 2123 Central Avenue, on September 19 and 20, 2003 from 9:00 a.m. until 6:00 p.m. for a mini sidewalk sale.

 

13.        Approve the Application submitted by Picket Fence Antiques to use the sidewalk in front of their business, 2121 Central Avenue, on September 19 and 20, 2003 from 9:00 a.m. until 6:00 p.m. for a mini sidewalk sale.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

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 23, 2003.

 

Moved by Hadley seconded by Buschkoetter 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 23, 2003. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

ORDINANCE NO. 6984 – REZONING; 960 feet north of 56th Street and west of Avenue N

 

Council Member Buschkoetter introduced Ordinance No. 6984, being Subsection 2 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District R-2, Urban Residential Mixed-Density District” property described as part of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more or less, Buffalo County, Nebraska (960 feet north of 56th Street and west of Avenue N), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 6984 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, Buschkoetter, Hadley.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 6984 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6984 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. 6985 – VACATE PORTION OF CAMRON FIRST ADDITION

 

Council Member Buschkoetter introduced Ordinance No. 6985, being Subsection 3 of Agenda Item VI to vacate Lots 1 and 4 of Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 6985 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, Buschkoetter, Hadley.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 6985 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6985 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. 6986 – REZONING; NORTHWEST OF THE INTERSECTION OF 56TH STREET AND AVENUE N

 

Council Member Buschkoetter introduced Ordinance No. 6986, being Subsection 4 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” property described as a tract of land being part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 6986 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, Buschkoetter, Hadley.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 6985 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6986 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. 6987 – REZONING; 6226 EAST CEDAR HILL PLACE

 

Council Member Buschkoetter introduced Ordinance No. 6987, being Subsection 5 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential (Rural Standards) District” property described as Lot 13 of Block 1, Cedar Hills Subdivision, a subdivision of the East Half of the Northeast Quarter of Section 31, Township 9 North, Range 16 West of the 6th P.M., AND a tract of land being part of the Southwest Quarter of the Northwest Quarter of Section 32, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (6226 East Cedar Hill Place), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member 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, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 6987 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, Buschkoetter, Hadley.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 6987 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6987 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. 6988 – CONDITIONAL USE PERMIT TO ALLTEL AND GOOD SAMARITAN HOSPITAL

 

Council member Hadley abstained from voting on this Ordinance for the reason he is a Board Member of the Hospital.

 

Council Member Kearney introduced Ordinance No. 6988, being Subsection 6 of Agenda Item VI to grant a Conditional Use Permit to Alltel Communications of Nebraska, Inc. (Applicant) and Good Samaritan Hospital (Owner) to locate a wireless telecommunications facility on property zoned “District C-0, Office District” and described as Lot 1, Block 1, Good Samaritan Second Subdivision to the City of Kearney, Buffalo County, Nebraska (10 East 31st 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 Clouse seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Buschkoetter, Clouse, Kearney.  Nay: None. Hadley abstained. 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. 6988 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Buschkoetter, Clouse, Kearney.  Nay: None. Hadley abstained. Motion carried.  Ordinance was read by number.

 

Moved by Clouse seconded by Buschkoetter that Ordinance No. 6988 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter.  Nay: None. Hadley abstained. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6988 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. 6989 – CONDITIONAL USE PERMIT TO ALLTEL

 

Council Member Hadley introduced Ordinance No. 6989, being Subsection 7 of Agenda Item VI to grant a Conditional Use Permit to Alltel Communications of Nebraska, Inc. (Applicant) and City of Kearney, Nebraska (Owner) to locate a wireless telecommunications facility on property zoned “District M-1, Limited Industrial District” and described as part of Lot 8 and 9, Patterson’s Tract “E” Subdivision to the City of Kearney, Buffalo County, Nebraska (1919 15th Avenue) subject to the execution of the Site Option and Land Lease Agreement, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 6989 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, Buschkoetter, Hadley.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Blankenship that Ordinance No. 6989 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6989 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. 6990 – ADOPT BUDGET

 

Council Member Hadley introduced Ordinance No. 6990, being Subsection 8 of Agenda Item VI to adopt the City of Kearney Budget Statement to be termed the Annual Appropriation Bill and to appropriate sums for necessary expenses and liabilities, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 6990 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, Buschkoetter, Hadley.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Blankenship that Ordinance No. 6990 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6990 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.

 

INCREASE BUDGET AUTHORITY BY ONE PERCENT

 

Mayor Blankenship opened for discussion allowing the City of Kearney to increase its “Budget Authority” by an additional one percent or $58,208.98 which will be carried over to the 2004-2005 budget as “Unused Budget Authority” and to consider Resolution No. 2003-157.

 

Director of Finance and Administration Wendell Wessels presented this matter to the Council. On April 2, 1998, the Nebraska Legislature enacted LB989, which provides for a new overall budget limitation on certain restricted funds. LB989 imposes a limitation on the growth of certain restricted funds of 2½% plus a factor for growth, if any. Additionally, the 2½% limitation may be exceeded by an additional 1% upon an affirmative vote of at least 75% of the governing body.

 

Although the City of Kearney does not need the additional 1% allowed under LB989 for the 2003-2004 budget; however, passage of Resolution No. 2003-157 will allow the City to increase its “Budget Authority” by $58,208.98. The $58,208.98 of additional “Budget Authority” will not be used in the 2003-2004 budget; however, the $58,208.98 of additional “Budget Authority” will be carried over to the 2004-2005 budget as “Unused Budget Authority” and will then be available for the 2004-2005 budget, if needed.

 

Pursuant to the Nebraska Budget Act (State Statute 13-519.3), the City of Kearney may exceed the base limitation of 2½% by an additional one percent upon the affirmative vote of at least seventy-five percent of the City Council. Upon the affirmative vote of at least seventy-five percent of the City Council, the City will have the authority to exceed its base limitation of 2½% by an additional 1%. The additional one percent will give the City an additional $58,208.98 in “Budget Authority”.

 

Moved by Blankenship seconded by Kearney to approve Resolution No. 2003-157 allowing the City of Kearney to increase its “Budget Authority” by an additional one percent or $58,208.98 which will be carried over to the 2004-2005 budget as “Unused Budget Authority”.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-157

 

            WHEREAS, on April 2, 1998 the Nebraska Legislature passed and approved LB 989 which imposes a two and one half percent lid on certain restricted funds for local governments; and

            WHEREAS, Neb. Rev. Stat. Section 13-519.03, (R.R.S. 1943), as amended, allows governmental units to exceed the two and one half percent limit as provided in Neb. Rev. Stat. Section 13-519.01, (R.R.S. 1943), as amended, by up to an additional one percent upon the affirmative vote of at least seventy-five percent of the governing body; and

            WHEREAS, the mayor and City Council of the City of Kearney Nebraska hereby finds and determines that it is in the best interests of the City of Kearney that the City of Kearney exceed the limit as provided in Neb. Rev. Stat. Section 13-519.01, (R.R.S. 1943), as amended, by an additional one percent as allowed pursuant to Neb. Rev. Stat. Section 13-519.03, (R.R.S. 1943), as amended.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Kearney, Nebraska, that the City of Kearney exceed the limit as provided in Neb. Rev. Stat. Section 13-519.03, (R.R.S. 1943), as amended, by an additional one percent.

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

BE IT FURTHER RESOLVED that this Resolution shall be in full force and effect October 1, 2003, and shall be published in pamphlet form.

            PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ORDINANCE NO. 6991 – SALARY ORDINANCE

 

Council Member Kearney introduced Ordinance No. 6991, being Subsection 10 of Agenda Item VI to repeal Ordinance No. 6910 and classify the officers and employees of the City; fix the ranges of compensation of such officers and employees; establish the hours and work period for overtime eligibility; provide for payments of clothing and/or uniform allowances; and provide for payment of vehicle allowance, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 6991 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, Buschkoetter.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Clouse seconded by Hadley that Ordinance No. 6991 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6991 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

Award keno funds

 

Mayor Blankenship opened for discussion the recommendation submitted by the Keno Committee on the allocation on non-departmental keno funds designed for outside agencies.

 

Assistant City Manager John Prescott presented this matter to the Council. Last month, City Administration met with a four-member committee comprised of individuals who are or have been involved with community wide organizations such as the United Way and Kearney Area Community Foundation to assist staff in making recommendations to the City Council on the ten percent of Keno awards that can be awarded to non-City applications.

 

The following is a list of the applications that were submitted.

 

Purpose

Amount

Requested

Committee

Recommendation

CPR Saturday 2003

2,500.00

0.00

Automated External Defibrillator

1,400.00

1,400.00

Summer Learn to swim Program

967.00

967.00

Freighters Hotel Preservation Project

20,595.00

4,000.00

Drug Abusing Offenders Program

5,000.00

0.00

Goodwill Employment Services Program

4,139.68

2,000.00

Kearney Holiday Promotion Campaign

5,000.00

2,500.00

Diversity Task Force Educational Project

4,000.00

0.00

Kearney Technology Project

2,000.00

0.00

Kearney Assisted Living Promotional Project

5,000.00

0.00

Play Structures & Capital Improvements

2,603.00

2,603.00

Youth Boxing Equipment & facilities

Max Available

 

S.A.F.E. Center Facilities

2,415.55

2,416.00

Donation Tracker Software

5,325.00

4,852.00

Purchase of a Copier

6,915.00

6,915.00

Centennial Banner Project

5,000.00

0.00

Kearney Newspaper Project

3,780.00

3,780.00

Wireless Library

1,250.00

1,250.00

 

The Keno Committee reviewed and evaluated all of the Keno grant applications. The Committee spent a considerable amount of time discussing their understanding of the applications and various factors related to awarding an application. City Administration really believes this is a very beneficial manner in terms of receiving additional community input on awarding this ten percent of Keno funding. The group formulated recommendations on awarding funding for at least a portion of ten of the sixteen non-City applications that were received. The Committee also recommended funding for two Library applications. A condition was attached to the award for the Kearney Area Children’s Museum. The award was funded but only after the Children’s Museum has moved into a new location.

 

The Committee noted that a number of the applications from non-City applications were for operational costs. They also expressed concern that some the applications were for repeat capital expenses of previous projects funded by Keno. City Administration was asked to convey to the applicant that the projects are worthy but should not seek Keno funding on a repetitive basis.

 

State Statutes provide several possible uses for Keno receipts. The applicant was responsible for identifying how the award would comply with those guidelines. The Committee also reviewed how the application met these guidelines. Keno receipts are only distributed after the applicant submits receipts documenting that they have spent their own money in accordance with the application.

 

Keno funds recommended for award have already been collected. Any change in the level of play will not impact these awards as the money has already been paid to the City. As indicated earlier, keno funds are only distributed on a reimbursement basis in accordance with the application.

 

Council member Clouse asked if statutorily if the City is required to give these fund to outside agencies or are there things within the City’s needs that would fit community improvement?

 

Mr. Prescott stated that the City is not statutorily required because the City has adopted a resolution, which is different than the statute, which says that the City must give to outside agencies. The resolution recommends that the Council basically keeps 90 percent for City projects and distributes the remaining ten percent to outside agencies that might apply.  There were years that the City did not receive enough applications and not all the monies were awarded; either the applications received were not for capital items or could not find a good application among the ones received.  It is not required, but has been operating practice to award to outside agencies. There are some great projects on this list that we have funded in the past.  The Keno committee does not fund any project on a year-to-year basis but looks for new projects to fund.

 

City Manger Allen Johnson stated that some cities do use all the proceeds for City purposes.  He stated that it is a judgment call on the part of Council whether it should be distributed to outside agencies or not.

 

Mayor Blankenship stated that in his personal opinion as long as the City is able to do some of the things it wants with Keno in terms of using them to help with the golf course, meet budget demands of the City, and keep the tax rate from getting too high, he likes the fact of giving a portion back to outside agencies.  He likes this opportunity to supply these Keno funds back to people.

 

Council member Clouse stated that he knows there is a lot of history on this but wondered if the City should be in this position doing “social service type work”? This involves $30,000 plus and he questioned if that amount could have helped lower the levy increase amount.  There are like items that the City needs to purchase for the City that we are giving funds to outside agencies to purchase for themselves.  This does not seem logical to him.

 

Council member Buschkoetter stated that he likes it because these funds go to projects that the City partners with, for example The Red Cross, which works with the City pools for swimming programs.  The youth boxing is akin to Park and Recreation. A list he would make might not be exactly the same as this one, but these are things that other government agencies are also doing.  He sees it as an extension, not necessarily as a “social service” aspect. 

 

Council member Kearney stated that none of the present Council was on when the Keno was “sold”.  It was sold as community improvement and betterment.  He believes there is a responsibility to continue with that intent.  He stated that he would be glad to see it be even more than ten percent, which will be possible when the golf course is paid off.

 

Council member Hadley inquired about the application from the Library Technology Learning Center, which is also funded by the City.  Mr. Prescott replied that the operating philosophy has been the ten percent will go to outside City applications, but if we do not receive enough application or they do not meet the criteria then we will fund other City applications submitted.  This year the Library was the only one to submit an application. 

 

City Manager stated that the ten percent has been dwindling every year as the lottery precedes decline.  The funding of the debt on the golf course has come principally out of Keno but future funding has come up during the budget process.  The City has been able to do that every year so far, but obviously will need to address that starting next year because there will be insuffient funds in the Keno fund to meet that debt.  Alternatives will need to be found to service that debt. 

 

Council member Buschkoetter stated that since his spouse is employed by one of the applicants receiving funding, he would abstain from voting on this matter.

 

Moved by Hadley seconded by Buschkoetter to approve the recommendation submitted by the Keno Committee on the allocation on non-departmental keno funds designed for outside agencies. Roll call resulted as follows:  Aye: Blankenship, Kearney, Hadley.  Nay: Clouse. Buschkoetter abstaining. Motion carried.

 

2004-2009 long range goals

 

Mayor Blankenship opened for discussion the adoption of the City of Kearney 2004-2009 Long Range Goals.

 

Assistant City Manager John Prescott presented this matter to the Council. The City of Kearney annually prepares and updates Long Range Goals. On May 13, 2003 the Long Range Goals were presented to the City Council at a retreat held at Mitzi’s Pavilion at E.K. and Mary Yanney Heritage Park. The City Council also received input during the Community Goals Forum moderated by Gene Koepke on June 17, 2003.

 

The Goals for each year are developed based on input from a variety of sources.  Citizen input via visioning sessions, goals forums, and requests, City Council comments, and staff input are the main sources of goals. Other goals may develop out of a federal or state mandates, legal requirements or comparability with other first class cities. The staff has taken all of the input received and compared it to the fiscal reality of the budget to develop the goals contained in the final version of the Long Range Goals book.

 

The Long Range goals do not obligate the City Council to undertaking any future projects.  The Goals represent items the City would like to complete in the future with funding, resources and public support. The dollar figures used in the Long Range Goals book are estimates used for discussion purposes. The Goals do not obligate the City to spend any amount of money to complete any of the goals.

 

Moved by Blankenship seconded by Kearney to adopt the City of Kearney 2004-2009 Long Range Goals.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

OPEN ACCOUNT CLAIMS         WARD LABORATORIES -- $36.00

                                                NPPD -- $3,302.25

 

Moved by Don Kearney seconded by Galen Hadley that Open Account Claims in the amount of $36.00 payable to Ward Laboratories and to NPPD in the amount of $3,302.25 be allowed.  Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter.  Nay: None.  Blankenship and Clouse abstained.  Motion carried.

 

VII.    REPORTS

 

VIII.    ADJOURN

 

Moved by Kearney seconded by Clouse that Council adjourn at 9:16 p.m.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

                                                                                    BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK