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Kearney, Nebraska

September 23, 2003

7:30 p.m.

 

Prior to the regular Council meeting, the Council met as the Board of Directors for the Kearney Municipal Airport Corporation in open and public session at 7:30 p.m. on September 23, 2003 in the Council Chambers at City Hall.  This meeting adjourned at 7:38 p.m.  A meeting of the City Council of Kearney, Nebraska, was then convened in open and public session at 7:39 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; Andy Hoffmeister, Acting City Attorney; 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: Byron Hanson, Jack Parker, Jim Otto, Beth Otto, Roberta Corrigan, Ron Ross, Tom McCarty, Mark Lee, Elaine Wiseman, Don Dreyer, Tony Clark, Colin Wilke, Janet Wilke, Bruce Grupe, Lance Lang, Dan Lindstrom, Glen Miller, Officer Terry Hibberd, Mike Konz from Kearney Hub, Dave Jenner from KGFW.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

Reverend Matt Robinson of First Presbyterian Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Matt Hanson and Daniel Hanson led the Council members and audience in the Pledge of Allegiance.

 

RECOGNITION – COLIN WILKE

 

Mayor Blankenship and Council Members recognized Colin Wilke for 15 years of service with the Police Department. He was presented a watch.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

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

 

Mayor Blankenship stated that this public hearing and the next three public hearings will be discussed together but voted on separately.

 

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

 

Mayor Blankenship stated the Planning Commission recommended approval subject to the concept of a Mixed Use District be pursued between now and the City Council meeting to determine the tax impact and if neutral tax consequence that a Mixed Use District be approved.

 

The Applicant is requesting approval for further development of the Corrigan Trust land in north Kearney known as Ingalls Crossing. Applebee’s restaurant is located at the south end of this property. A Menard’s home improvement center is proposed at the north end of the property on a 15.584 acre lot. Consideration of the Menard’s project and some of the surrounding land involves Rezoning, Subdivision Plats, Annexation and Development Plan approval.

 

The original Ingalls Crossing subdivision containing Applebee’s was a five-lot subdivision that was then replatted as Ingalls Crossing 2nd Subdivision so the lot sizes could be adjusted to accommodate changing the orientation of Applebee’s from 2nd Avenue to 56th Street.  The current proposal, Ingalls Crossing 3rd Addition, includes a Preliminary Plat of the intervening land between Ingalls Crossing 2nd Addition extending north to the Menard’s site. The Final Plat for Ingalls Crossing 3rd Addition includes the Menard’s lot and three other commercial lots.

 

The entire 178 acres of the Corrigan trust land have been master planned at a conceptual level. As each phase of development proceeds the details will be finalized.  The Menard’s project is known as Phase II, following Applebee’s in Phase I. Future phases are subject to change but may include further commercial retail, offices, multi-family and single-family housing.

 

The property up for development is part of a larger master Plan that is being coordinated between the City and the developer. Planning staff has been meeting with the project development team for two years. Staff does not have the authority to authorize the deviations from code that are being requested by the development team. Staff has, to the best of our ability, attempted to represent the pros and the cons of these issues to provide the best information for the Council to make decisions on these matters.

 

Rezoning

The request is to rezone 24.485 acres to C-2/PD for commercial retail development.  15.584 acres of this land is accounted for by the Menard’s site. Two smaller commercial pad sites are proposed north of the existing car lot on 2nd Avenue and one larger commercial lot is proposed south of the car lot bounded by 2nd Avenue frontage and 60th Street frontage to comprise the remainder of the area to be rezoned. Staff recommended rezoning this property C-2/PD even though the applicant was leaning more towards C-3/PD. After much discussion, Staff agreed that C-2 would be the most appropriate zone for this use and the size of the project automatically makes it a Planned Development District. 

 

After further discussion and advice from Marty Shukert, Planning Consultant, it appears zoning district MU, Mixed Use, may be the most appropriate zoning category for the Ingalls Crossing project. Mr. Shukert commented that this project is perfectly suited for the MU zone since it is a large parcel of 178 acres, under one ownership, that is being master planned for a variety of uses.  Planning Commission discussed the possibility of amending the zoning request to MU for the entire 178 acre project. The Owner expressed some reservations because of unknown property tax implications. Planning Commission directed staff to research the tax implications prior to the Council meeting and, if possible, to recommend rezoning the 24.485 acre tract to MU. Staff contacted the Buffalo County Assessor’s Office and learned that MU zoning would be treated like any other commercial zoning district and would affect property taxes at the time the property is rezoned. Therefore, zoning the entire 178 acres would increase taxes on the 178 acres. Zoning the 24.485-acre parcel would raise the taxes only on that area, and it would make no difference whether the zone is C-2/PD or MU. Therefore, rezoning the 24.485-acre parcel to MU seems reasonable if the Owner is agreeable. If the Owner agrees to MU zoning, staff requests submission of a Conceptual Master Plan for review and approval by the Planning Commission and City Council prior to the next phase of the Ingalls Crossing Project. This Master Plan shall be the basis for zoning future phases to MU zoning.

 

In fact, the Master Plan is well underway as evidenced by the Preliminary Plat. The applicant has suggested a variety of zoning districts based on anticipated land uses for future phases shown on the Preliminary Plat. Approval of this rezoning request for 24.485 acres does not validate, approve, or recognize any proposed zoning for future phases except in a conceptual sense. If the MU development concept is followed, a Conceptual Master Plan indicating proposed land uses and associated density shall be prepared based on the Preliminary Plat. Future phases will be zoned MU and the appropriate land uses for future phases will be shown on the Concept Plan. The future land uses can be changed to meet market trends and the final version will be determined when each future phase is submitted for development approvals.

 

Subdivision Plats

The applicant is requesting approval of the Final Subdivision Plat for Ingalls Crossing 3rd Addition. The Preliminary Plat was approved by Planning Commission on July 18, 2003. The Preliminary Plat encompasses 82.217 acres including all the land in the 24.485 acre Final Plat as well as the intervening land south to Ingalls Crossing 2nd Addition. There are thirteen lots proposed on the Preliminary Plat.  The Final Plat is a four-lot subdivision containing the 15.584 acre parcel slated for Menard’s as Lot 1, Block 3. Two commercial pad sites west of Menard’s adjacent to 2nd Avenue will be known as Lots 1 and 2, Block 1. Neither of these lots will have access to 2nd Avenue but will take access from 1st Avenue (50-foot wide right-of-way service road).  Menard’s will own Lot 2 and plans are to erect a pole sign on the lot for 2nd Avenue visibility.

 

An 80-foot right-of-way street to be known as 65th Street is proposed along the north edge of the subject property.  Eventually it will be a full access four way intersection at 2nd Avenue.  Proposed 60th Street lines up with existing 60th Street on the west side of 2nd Avenue and will eventually be signalized and provides future access to Parklane Drive to the east. At the current time, the only signalized intersection in this area is 56th Street. Therefore, it seems the connecting service drive from 56th Street north, known as 1st Avenue, should be installed to provide access to the northern lots, including Menard’s, but the Owner apparently plans to wait before installing this street connection. 

 

The adjacent property owner that owns the used car lot to the west of the proposed Menard’s site spoke in opposition to the project at the Planning Commission hearing. He is concerned about the drainage affects the proposed project may have on his property and the costs associated with assessments for the construction of 1st Avenue as it abuts his lot on the east side.  His attorney has been in contact with the project engineer, Ron Ross to discuss these issues.

 

Planning staff offered the following comments regarding the Subdivision Plat:

 

1.      The Owner would like 60th Street to be known as Ingalls Crossing Road.  Due to the 911 emergency response addressing system, this public street shall be named 60th Street and labeled as such on the Final Plat.  It may be permissible for the developer to erect signs or graphics identifying the street corridor as Ingalls Crossing Road or Drive if approved by the Public Works Department (similar to Archway Parkway) but the street signs shall read 60th Street at the intersections.

 

2.      A Subdivision Agreement is required and is included as an attachment.  The agreement addresses in a written contract format the following issues:

            a)   Construction of utilities or roadways that are required to serve the Final Plat but are not included within the boundaries of the Final Plat.  These districts will be rolled in with the Improvement Districts within the Final Plat. The Owner agrees to pay 100 percent of the districts outside the Final Plat.  A registered surveyor shall prepare easements for said utilities.  Such improvements may include but are not limited to:

·         Water and sewer in proposed 1st Avenue from Applebee’s to 60th Street

·         Drainage or stormwater easements and piping feeding the detention cell

            b)   Utilities and roadways within the service area of the Final Plat shall be constructed through the improvement district process.  Portions of proposed 65th Street abutting adjacent property owners to the north may be eligible for an agricultural deferment.  Owner of Ingalls will agree to pay 100 percent of the cost of these districts and may request reimbursement in the future for the portion of the districts that was agriculturally deferred when the adjacent property owners rezone, subdivide or otherwise connect to the municipal services.  The remainder of the districts will be assessed according to established City policy with fifty-percent of the engineer’s probable cost estimate due initially and the remaining fifty-percent assessed over time.

            c)   Design, engineering, construction and maintenance of the stormwater detention cell and storm drainage system is the responsibility of the Owner.  Design computations and the Erosion and Sediment Control Plan must be reviewed and approved by the City Engineer prior to issuance of any Building Permits.  The stormwater detention cell must be constructed prior to any portions of the building construction during the site grading stage as part of the Erosion and Sediment Control measures.  The Owner plans to create a property owner’s association to maintain the detention cell, private utilities and landscape strips.

            d)   In order to provide adequate green space Menard’s representatives and the Owner have agreed that certain portion of property abutting the Menard’s lot as well as the detention cell can be included in the open space calculations for the Menard’s lot.  The details of this arrangement will be specified in the agreement.

 

Annexation

The proposed subdivision is adjacent to the city limits which is located on the west side of 2nd Avenue and all municipal services are available.  State law allows a city of the First Class to annex across roadways if they are less than 200 feet in width.  Therefore, if the rezoning and platting is approved, the property should be annexed into the corporate boundary of the City of Kearney.

 

Development Plan

The applicant is requesting approval of development Plans for Lot 1 of Block 3, the proposed site for Menard’s.  Planning staff has been meeting with the development team to resolve many of the issues of concern.  Following is a list of issues for your consideration:

            a)   By staff calculations 534 off-street parking spaces are required.  Menard’s representatives are providing 452 spaces and a letter requesting a deviation from the strict interpretation of parking calculations set forth in the Unified Land Development Ordinance (UDO).  Staff calculated the parking by breaking the use of the property into three separate categories:

·         Retail floor space           103,393/200 s.f. per stall =         516 spaces

·         Indoor warehouse           93,315/5,000                 =            18

·         Outdoor warehouse                                                        N/A      

                                                                                          534 spaces

Staff originally included calculations for outdoor warehousing at an additional 33 spaces, but after discussion decided to omit these spaces from the total.  The reasoning is that the outdoor warehouse area is basically the entire enclosed yard where customers drive vehicles in to load their purchases.  As such, the vehicles within the yard are removing demand from the main parking lot and to include them in the count is like counting them twice.  (Menard’s representatives are making the same argument, saying that the entire 82 space shortfall can be accounted for within the outdoor warehousing area.)

 

After staff calculations a deficit of 82 parking spaces remain between required and provided.  The City Council has several alternative courses of action:

·         Require the site to be redesigned to accommodate 534 off-street spaces.

·         Require striping of the 82 additional spaces somewhere within the enclosed yard (the outside warehousing area).

·         Allow the additional 82 spaces to be located off-site but nearby on an adjacent commercial lot.

  • Accept Menard’s letter requesting a deviation from the required parking and authorize said deviation.

 

Planning Commission recommended depicting the additional 82 spaces by preparing a parking plan exhibit showing the spaces on paper within the enclosed yard area.  If agreeable to Council the spaces would not actually be painted on site but the issue of quantity would be resolved by the exhibit.  The exhibit is included in the attachments.

            b)   Staff preference was to zone this site C-2 and the applicant agreed since “home improvement centers” are an allowable use in C-2 zones. The same use would also be allowed in C-3 zones, a more intensive commercial zone.  It has been the past policy of the Planning Commission and City Council to zone property to the least intensive level that will allow a given use. If the property is zoned C-3 when only C-2 is needed, it will be very difficult to hold future rezonings on adjacent parcels to C-2. In other words, the precedent for C-3 will have been set for the area.  Through discussion at the Planning Commission and input from Marty Shukert, staff has decided to pursue MU zoning if agreeable to the Owner and the Council.

 

One concern that arises from the difference between C-2 and C-3 zoning that can be adequately resolved with MU zoning is impervious coverage. The maximum allowable impervious coverage (paving and rooftop) in C-2 zoning is 80 percent of the site.  Another way to say this is that 20 percent of the site must be landscaped and irrigated green space. C-3 zoning allows a maximum impervious coverage of 90 percent.  At the time these comments are written the current version of the site plan shows 91 percent impervious cover. The Owner plans to contribute more open space by obligating a strip of land a certain width on adjacent abutting property to the south and east of the Menard’s property line and the detention cell to be preserved as perpetual landscaped open space credited to Menard’s. Since the land is held in common ownership at this time and will be zoned MU, staff and Planning Commission believe that the proposed greenway easements are an acceptable, although perhaps overly complicated, means to an end. The details are spelled out in the Subdivision Agreement. To staff’s collective recollection, this approach has never been used before.  The simple solution would be for Menard’s to purchase sufficient land to meet the open space requirements.

            c)   The outside warehousing area is quite large and is enclosed by a 14-foot tall wall structure.  On the inside of this wall are pallet racks to stack materials and the outside is a 2x8 inch x 14 foot vertical plank surfacing.  Although Menard’s refers to this item as a security fence staff believes it is more than that.  Staff considers any vertical projection in excess of eight feet to be a structure, not merely a fence.  Across the east side of the Menard’s lot the structure is 787 feet long.  Along the north and south sides it is akin to half that distance.  As a structure, the combined screening wall/pallet rack must meet the 25-foot setback from 65th Street and it does.

 

Staff is concerned with such a tall visual element that extends for such a long distance in a single plane.  The UDO requires building facades in excess of 100 feet to provide a minimum five-foot offset for each 100 feet of lineal run.  Since the building facades on three sides of this project will be hidden behind the 14-foot wall/pallet rack staff believes that the offset requirements should apply to the wall/pallet rack.  This is especially true on the north property line where the structure is paralleled by the proposed public street, 65th Street.  The Owner has declined the request to provide a five-foot offset every 100 feet but has agreed to provide a brick column with a dormer shaped motif on top every 100 feet.  The columns will project out from the fence one foot.  In addition, the Owner has agreed to plant additional plant material including trees and shrubs in front of the wall to help break up the appearance.

 

The Planning Commission accepted the Owners’ proposal of brick columns every 100 feet with the additional landscaping compensating for the five-foot offset.  The landscaping will be planted in phases with Menard’s responsible for the majority of the plantings which will be planted now.  Additional landscaping on the east side of the project will be added as the land to the east develops in the future.

 

The Planning Commission made the following recommendations for the Council’s consideration:

 

1.         Approval of the Rezoning stipulating that the concept of a mixed-use zoning district MU be pursued prior to the Council hearing to determine the tax impact and if neutral tax consequence then a MU zoning be approved by Council.

 

Staff investigated the tax implications and it appears that zoning the area contained in the Final Plat to MU would have no less desirable tax consequences than zoning to C-2/PD.  If MU zoning is pursued, staff requests a Conceptual Master Plan for the entire 178 acre development be approved by Commission and Council before any future phases of land development move forward.

 

2.         Approval of the Final Plat with the following conditions: 1) 60th Street be labeled as such (done), 2) a 30-foot building setback be shown on the lots adjacent to 2nd Avenue (done), 3) in conjunction with submittal of the Final Plat to the City Council that easements for the drainage detention pond, the 1st Avenue easement for water and sewer, and the compensating greenspace easements on the east and south of the premises be prepared and submitted. (part of the Subdivision Agreement)

 

3.         Approval of inclusion within the corporate boundary of the City of Kearney.

 

4.         Approval of the Development Plans stipulating that the parking spaces as required by Code be shown on the Site Plan but not striped on the site, that the impervious coverage requirements be met by obligating the detention cells and certain landscape easements to be used in this mixed use development as shown, that the minimum required five-foot offset for each 100 lineal feet of the structural wall be revised to allow a brick column every 100 feet that protrudes one foot and to add additional landscaping on the east side.

 

Ron Ross from Ross Engineering presented this matter to the Council. He stated two years ago they brought the first phase (Applebee’s Phase), which has now been developed at the south end on the north side of 56th Street.  There were many issues discussed at Planning Commission.  It has taken two months and due to a lot of work with City staff and Jack Parker, the subdivision agreement, easements, and restrictions were approved by Planning Commission and have been made a part of the record and the project.

 

Mr. Ross gave an overview of the master plan.  Planning Commission approved the preliminary plat.  The development plan for Menards has been modified in the last two years.  The importance of this project is that it is a mixed-use development because there are apartments, commercial, several office parks, assisted living, single family, and townhouses all served by public streets and public infrastructure.  In the third phase, they plan to have a six-acre lake. There will be retention/detention cells, which will be ponds throughout the project. There will be a linear parkway, which is a part of the master plan.  The developer is in agreement with City staff’s recommendation that this be rezoned to mixed use rather than C-2.  The C-2/PD is within the project, but the magnitude of this project (about 178 acres) is literally a mixed-use development.  They have the latitude of doing some things differently. It is not a lot and block type grid situation.  They have terrain that adds to the aesthetics and allows more things to be done.  Menards and Applebee’s will be the two major anchors of this project, one at each end.  In the future, they hope to start to the east with apartments, assisted living, etc.  The plan provides for the detention calculations and requirements of the City for the retention/detention cells for the entire northern part of the preliminary plat. 

 

Mr. Ross addressed some specifics on the Menards’ development plan.  All of the issues have been worked out and included in the subdivision agreement, which will be signed shortly and filed in order to get the building permit.  The developer is in agreement with changing the zoning to MU.  Annexation comes with the final plat, which is 24.48 acres. There are four commercial lots included in the Phase II area.  Menards is the largest site and they have also purchased the pad site to put their pole sign adjacent to the east side of 2nd Avenue

 

There were many easements that were requested by staff and various utility companies.  Some of the easements that must be filed with the Register of Deeds have been submitted to the City Clerk.  These easements cover things such as; some special maintenance that Menards must do for the adjoining property, where apartments will be located to the east and maintenance of the board fence that goes to the future commercial property to the south. Menards will also be providing storm sewer and drainage easements in conjunction with their development plan.  There are some apartment setbacks that have been negotiated. Planning Commission has approved all of the easements requested by staff.

 

Mr. Ross stated that Menards heated building space is 162,340 square feet. The additional number of square feet of unheated building space requires additional parking for 80 more vehicles.  The original plan was for 434 parking spaces in front of the building.  There are about four acres of rear storage.  Mr. Ross has submitted a diagram to Lance Lang showing the four acres of rear open parking and storage racks that are along the perimeter of Menards’ property.  Although they are not striping those stalls, staff agrees that they have enough area to park well in excess of 80 cars.  He pointed out that at other Menards’ locations, you could pull back with a car, a truck, or trailer.  The way it is laid out, you don’t always park in a systematic row and aisle configuration.  Staff agreed that they would be in compliance with this plan.  Menards does not use exterior storage containers.  Their entire product is under a cover.  This is the reason for allowing the larger area in the back, which is an open spacious area that is not lined and striped for parking.

 

Mr. Ross stated that he believed that they have exceeded Kearney’s landscaping requirements. The City Building Code requires that when there are larger buildings that they have some architectural aesthetics and appeal.  The 14-foot high wooden fence will have a top metal architectural element, which is a roof that is on it.  There will be structural racks under these where they will store products.

 

The Code requires there must be an offset every five feet. Menards will have a brick offset every 100 feet.  There will be complete landscaping and shrubbery all the way around the three sides that that have the 14-foot fence, as well as trees and landscaping.  This fence is located on a 5-foot inset on Menards’ property, not on the property line.  They are planting the trees about 10-12 feet away from that fence.  Menards has a 10-foot landscape maintenance easement, which has given them the right to plant trees just into the property of the future apartments.  Menards is putting in a sprinkler system and will seed, mow and maintain that area as part of the landscape agreement.  There is an easement that documents all of this. 

 

One of the other issues was impervious surface.  He stated that originally they were basing their parking on a C-3 zoning, which required ten percent green space, 90 percent building and parking lot. They have agreed to staff’s recommendation to C-2 zoning similar to Applebee’s.  C-2 changes the impervious surface, which allows 80 percent building and parking and requires 20 percent in green space.  The reason for the extra landscaping around the perimeter and the extra 30-foot maintenance strip into the apartment ground was to meet that requirement. Those future apartments’ parking garages are all set back 30 feet from property line of Menards.  A similar strip that is 25 feet wide is along the south boundary of Menards.  Under this easement agreement, those two green space strips cannot be counted toward the other property owner’s impervious calculation on the future commercial lots to the south and the future apartments to the east.

 

Mr. Ross stated that at the Planning Commission, Glen Miller expressed concern over the location of 1st Avenue, where his car dealership is located.  He currently has several entrances off the highway.  The plan allows for the paving to be a little wider than the City requirement due to the concern over future traffic on this public street.  Mr. Miller also expressed a concern about drainage onto his property.  His property drains from the highway and drains across the lot.  There is a low spot on his property about 130 feet to the south from his northeast corner.  He had a detailed “topography” done, Mr. Ross said that they also had done a “topography” but had only gone into his property by 20-30 feet because they didn’t believe they were impacting his property.  Mr. Miller provided them with the “topography” that he had done several years ago. 

 

After Planning Commission, they took a detailed look at the report, Mr. Miller’s building finished floor, and the grade through his land.  After calculating this information, they made the decision to lower the curb elevation on 1st Avenue about 10-11 inches which was included in the construction drawings submitted for approval.  The low point in the paving will be about 1.1 feet above his natural grass low point on his land.  There will be a storm sewer from the pond all the way around the project and will extend a storm sewer right to the common boundary line of Mr. Miller’s property.  They are picking up the storm sewer at the existing ground elevation as it is now.  The storm sewer system is designed for a 10-year storm.  Up to a 10-year storm, the water will go through the storm sewer down east and north and into the detention cell.  Over the ten years, there will be more water than can get into a standard storm sewer (Kearney requires a 10-year storm sewer).  When rainfall exceeds that 10-year storm and cannot be picked up, the street has been lowered and there is a sump condition, the water will flow over the curb and continue through a grass waterway that is built all the way into the pond.  Underneath that grassed waterway is a storm sewer.  The storm sewer is designed for a 10-year storm.   The waterway is designed for a 100-year storm.  This will allow water to bypass and get into the detention cell.  They believe that they have adequately addressed that concern and used normal design procedures in evaluating the runoff coming from the car dealership property by using a combination of storm sewer and overland flow. 

 

Mr. Miller and his attorney, Dan Lindstrom, were sent a letter advising them that Ross Engineering was willing to work out any details with them.  With this revision, contrary to what was said at Planning Commission, there would need to be a low profile retaining wall.  With the 10-15 foot grading easement, they would be willing to strip off the grass and at the developer’s expense.  Mr. Miller has approximately 30 foot of grass that is not in crushed rock parking or in any buildings or maintenance facilities.  Mr. Ross stated this could easily be graded (suggested probably also needs to be filled) and by stripping off the vegetation and bringing in compactable clay material to build that up slightly it could eliminate the need for the storm sewer.  Mr. Ross added that he was not suggesting that they eliminate the storm sewer.  He believed that if they can get a grading easement to do some minor grading in the first 10-15 feet of Mr. Miller’s property, which is in grass, there would not be a need for a retaining wall.  He stated this would be an advantage to Mr. Miller because then he would not have to worry about any low retaining wall between his property, which is lower in elevation, and the elevation of 1st Avenue

 

Mr. Miller’s finished floor is about 2.2 feet above the low point in the paving.  His building sits about 26 inches above the low point in the paving of 1st Avenue which suggests that even with a heavy downpour that water will drain from the highway and across his property.  His building sits higher in elevation and as this water builds up on the eastern portion of his property in that grassed area; it literally will flow from the low point across the curb inlet.  As the storm sewer is filled during a heavier storm, it will drain and flow over the paving of 1st Avenue into the drainage way and then into the pond.  They have indicated to Mr. Miller’s representative that they would be willing to sit down and do any refinements that he believes he would like to have suggested to them.

 

Council member Buschkoetter asked if this water way is basically a low ditch? Mr. Ross replied that it is a low natural waterway and has not eroded to a ditch status.  It is wide and broad, which is why it has not eroded into a ditch status and evidenced by the fact that they farm this entire area.

 

Council member Kearney asked who are the parties involved in this landscape easement?  He wanted to know if the City was a party to it. Mr. Ross responded that normally when talking about an easement, it is between the developer and the City.  In this case, this easement belongs to Menards allowing them to maintain the 14-foot high fence for yearly maintenance of aesthetics, plus all the landscaping and sprinkler system, which will water a 10-foot band that is beyond their property line.  That easement or restriction affects the very rear of those two large commercial lots and the rear of the apartments that will some day be a manicured lawn. It indicates that Menards has the right to walk across that property to get to their fence for maintenance and landscaping.  He stated this document does get filed with the Register of Deeds per requirement of staff as part of the approval for this project.

 

Council member Hadley asked if the distance between 2nd Avenue and 1st Avenue would cause a problem with traffic coming up 65th Street trying to get onto 2nd Avenue. Mr. Ross replied that the primary entrance to Menards is on 60th Street, where they eventually will have traffic signals added (probably not this year).  They believe that the primary traffic will be entering there with 400 feet of divided medians.  Traffic going down 1st Avenue by Applebee’s can enter 56th Street, turn right going west and get to 2nd Avenue at the traffic signal and proceed south.  65th Street will be considered their secondary exit and will be used more for people heading north out of the City.  He could not suggest when the traffic signal will be approved for 60th Street since it is based on traffic flow, and a signal at 60th Street will be after 65th Street.

 

Director of Public Works Rod Wiederspan stated that the flow of traffic signals on 2nd Avenue includes 52nd Street and 56th Street.  There will be one at 60th Street eventually and 65th Street after the State traffic studies find they are warranted.  The blocks are spaced out with the State so that signals can be placed at those intersections in the future when they are warranted.  60th Street will be completed as far east as the east end of 1st Avenue

 

Mr. Ross stated that at this time they are grading a portion of 1st Avenue and putting in water and sanitary sewer.  At this point, the developer would prefer not to pave it as they are grading all these lots.  They plan to come back and pave that stretch next year.  They can’t sell that property and develop those lots until they pave that portion of 1st Avenue

 

Regarding the two lots north of Miller’s car lot, the one furthest south is being sold to Menards.  Menards plans to sell it or develop it and will place a pole sign on a small portion of that lot.  Menards is purchasing this one along with the 15.8 acres.  The northern piece will be owned by the developer and marketed for a pad site. 

 

Council member Clouse asked how is an easement cancelled?  His example was if Menards decides in the future that they don’t want to maintain the green space and wanted to give it to the adjacent property. Mr. Ross responded that he did not think that Menards would ever want to relinquish that easement because it is designed for their benefit.  He was not certain if through some legal avenue that easement could be transferred to one of the other property owners. 

 

Attorney Parker stated that some of the easements are directly with the City and the City is the only one that could remove them.  The green space easement has to do with a restriction that is perpetual and they cannot change it from green space, which is the way it is written.  Easement is an incorrect term for part of it; it actually is the restriction, a covenant stating that this will remain green space.  It is a covenant that Menards will maintain this space.  Menards would have the right to sell the property, but the easement agreement would go with the property. 

 

Council member Buschkoetter asked if in the future those trees planted by Menards on the adjacent property would need to be replaced, who would be responsible for doing so? Mr. Wiederspan responded the trees are part of the Menards’ development plan, it will be filed with their development plan. If the tree dies, Menards would have to replant it as part of their development plan.  This is what the City has done with other businesses.  The City would have the right to make them replant the trees because this is a deed restriction for Menards in order for them to make the green space requirement. 

 

Mr. Ross stated the detention cell is a private storm sewer within an easement and part of what will be a property owners association that Mr. Parker will set up.  The City’s attorney must approve the association.  This association will include Menards and each member will pay annual dues into their group for perpetual maintenance of the storm sewer, any open space, the detention cell, the fountain, perimeter landscaping, and open space around the detention cell. This is the responsibility of the association of property owners that all contribute storm water runoff into that cell. Those owners will be specifically indicated by their square footage in the document that is part of the property owners association.  They are assessed yearly maintenance fees to contribute to the maintenance of the detention, storm sewer, inlet release, and the fountain in the pond. 

 

Director of Public Works stated that it is common in Kearney for the particular subdivision to own and maintain detention cells within their area. The community does not own most cells.   

 

Council member Buschkoetter asked for explanation of the grading easement suggested between Menards’ property and Mr. Miller’s property. Mr. Ross responded that without an easement, they are unable to fill or cut onto Mr. Miller’s property; they must stop at the property line.  It is difficult to stop at that right-of-way line west of 1st Avenue with the grading.  They would like to back slope down and actually do some filling in his grassed area to elevate it to help it drain better.  In order to do that, there must be a grading easement.  If Mr. Miller elects not to give them a grading easement, then they will have to build a very low profile retaining wall that is about 100 feet long and the highest area would be 1.25 feet.  The grading easement would eliminate the need for a vertical obstruction and could be achieved with some minor grading and shaping. That is what they are suggesting to Mr. Miller.  They have indicated in a letter to Mr. Miller that they would do this at the developer’s cost.  They would fill it 6-9 inches to help the water drain not just into the storm sewer (in fact would elevate the storm sewer slightly to accommodate) but then the water would have a better path to get over the top of the curb on 1st Avenue.  Mr. Miller has a fence 30 feet into his property so they could bring in a little more fill to build that up.  Mr. Ross did not believe that they would need more than 30 feet.  In fact, he stated that the grading easement could be done in 10-15 feet.

 

Mr. Ross stated that Mr. Wiederspan and Mr. Grupe were instrumental in getting the meetings with the Department of Roads.  The Department of Roads wanted them to locate 65th Street at another access break in the controlled access on the west side of 2nd Avenue.  Originally, their plan was to take 65th Street and center it half on the farm family to the north and half on theirs.  The Department of Roads wanted it to line up with that break in the controlled access on the west side.  They have done that and have approval from the Department of Roads.  This was a definite requirement or they would not have permission to connect onto the highway.

 

City Planner Lance Lange stated that the fence was basically a negotiation.  The developer has agreed to some additional landscaping and the 6-foot wide brick columns every 100 feet to help break up the appearance of the fence. The intent of the UDO was a little different, but believed they have come up with an alternative that is satisfactory.  This is no different than with others who have come in with plan requests.   The City tries to work it out with them.  He also stated that the mixed-use zoning also provided some flexibility according to the UDO.

 

Dan Lindstrom, attorney with Jacobson, Orr, Nelson, Wright, and Lindstrom, 322 West 39th Street, stated that he represents Glen Miller, owner of the property adjacent to the west of the proposed Menards’ development.  Mr. Miller has some concerns addressed by Mr. Ross and some by the questions from the Council.  He stated that he wanted to address some of the finer points of Mr. Miller’s concerns. 

 

Mr. Lindstrom stated the natural flow of the surface water drainage on Mr. Miller’s property is to the north and east. He concluded from the proposed 1st Avenue plan and the Menards’ project as shown on the map effectively builds a big dam on the eastern end of Mr. Miller’s property.  As has been stated, the curb line of 1st Avenue as proposed is a foot or more above the lowest part of the grade on Mr. Miller’s property.  Mr. Miller’s property does drain not only the highway, but also property that comes in from the ditch to the south.  That south ditch drains from south to north.  After the Department of Roads reconfigured the highway there was a tube placed under Mr. Miller’s driveways.  The tube has not been tested yet and appears to be already filled with sediment to the extent that it is not doing the job in bringing the water past his driveways to the north.  He will be draining much more than his own surface area with this development.  He will be draining property to the south including property most likely that belongs to the Corrigan Family at this time. Mr. Lindstrom concluded that with a 10 year storm or more, it could create a “lake” on Mr. Miller’s lot.

 

Mr. Lindstom stated that they did receive a plan from Mr. Ross last week showing they would raise the floor of Menards and reconfigure the parking a little.  The drawings show there is some of the water from the Menards’ parking lot that would move back to the west into 1st Avenue.  He assumed that Mr. Ross has taken that into account as he designed the drainage on 1st Avenue.  He stated that if that is not right, then there is still a drainage problem.  Since they have only had this plan for a week, they do not have an engineering opinion on whether it will or will not work.  He stated that he did not want to see Mr. Miller get “run over” by the big store, Menards. 

 

When Applebee’s was first developed, 1st Avenue was going to be almost a block east of 2nd Avenue.  He believed that to accommodate Menards, because they have an interest in getting as close to 2nd Avenue as possible, 1st Avenue has been curved to the east to Mr. Miller’s property line.  Under State Statutes, this would mean that even though Mr. Miller’s property is not presently annexed into the City, if there is a paving district created, he would be obligated to pay for half of the paving adjacent to his property line.  Mr. Miller neither wanted this road, nor does he need this road.  Mr. Lindstrom stated that he has represented developers and was not suggesting that there is a legal issue here, but there is a fairness issue.  Mr. Miller’s business access is off 2nd Avenue and runs because he is on 2nd Avenue. He does not have an interest in traffic coming in on 1st Avenue.

 

Mr. Lindstrom has represented other developers coming in to Kearney, both large and small.  He expressed concerns about being too anxious to give Menards everything they want.  Mr. Lindstrom believed that after reading Mr. Lang’s memo, he saw a number of issues that had not been addressed at this meeting.  There were also issues that came up at Planning Commission that had not been discussed. 

 

One of the issues is with the street configuration, 65th Street versus 60th Street.  It appears that 60th Street is coming in later than 65th Street65th Street will likely be a main entrance to Menards’ property.  At 65th Street, there are no islands or turn lanes.  He suggested that this would create a situation similar to what we had when Wal-Mart developed.  That created some serious traffic problems that required some serious reconfiguration.  Right north of 60th Street is where the curb drops down to a rural section.  The plan shows that 65th Street will be a four lane.  Based on comments, that is not going to happen for some time.  Mr. Lindstrom concluded this would cause a stacking problem on 65th Street and a turning radius problem.  There is a good expectation that they will have more than average truck traffic into this site from suppliers and customers.  He suggested that that be revisited because he believed that those are things that are being overlooked.  From his experience of representing developers, those issues are a major concern. 

 

In the planning staff’s comments, there is a statement to the effect that staff is not comfortable with this easement green space issue.  He stated that regardless of what you call it “easements”, “deed restrictions”, or a combination of those things, the result is property not owned by Menards, being used by Menards to meet its impervious surface area, green space, and buffer requirements.  This has never been done in Kearney before to his knowledge.  The new UDO would allow the City to do that, but suggested that is not appropriate in a project of this size.  Secondly, his concern is, “How do you enforce this?”  If Menards fails to maintain that property, how does the City enforce it?  He pointed out there is a copy of the subdivision document in the Council packet; however, those easement documents that have been prepared are not attached for review.  He stated that it is difficult for him, as an attorney, and for the Council to evaluate them.  He stated this is a new precedent for Kearney and cautioned that it will affect what is done in the future. He believed the 82-foot fence and the parking stall deficit had not been addressed at this meeting.  He requested that this development plan be sent back to Planning Commission for further consideration.

 

Mr. Lindstrom further stated that he had a concern about the amount of fill to be added to the existing draw that today provides drainage for that area.  In adding this fill, it creates a dam.  After the Planning Commission met about 30 days ago, Mr. Ross and Mr. Otto went to Mr. Miller’s site and discussed these issues.  Mr. Miller mailed to Mr. Ross the topographical maps that were done some time ago for him by Buffalo Surveying.  Mr. Ross sent a new plan last week with new proposals that are not on any of the maps presented to Council at this meeting. There were also other changes made to the detention cell, the size of the pipe to the detention cell, the drainage outlets, and grading levels.  The problem remains that he and Mr. Miller have not had time to evaluate that with an engineer.

 

Mr. Lindstrom related his opinion of what will happen with the new plan.  If these structures do not work properly, 1st Avenue will drain from the north and the south.  The properties that have yet to be built south of the Menards’ store may have drainage from their parking lots onto 1st Avenue.  The low spot would be somewhere to the southern end of the eastern boundary of Mr. Miller’s property.  Water flowing down 1st Avenue in two directions would meet in a low spot right in front of the south end of Mr. Miller’s property.  If the drainage structures that Mr. Ross proposes do not work properly, and the water does not move away quickly, there will be significant ponding on 1st Avenue.  From experience in the past ten years, people tend to drive through the water anyway which creates a wave.  The water goes back out on both sides of the street.  He was uncertain what that water would do, but looked to him like half would end up on Mr. Miller’s property and some on Menards’ and then it will have to drain back in again.  He stated if the drainage swale and the drainage structures under it work together properly and the calculations are correct; then it will work.  He pointed out that the drainage calculations in the Council packet are dated June and July, not the current calculations. 

 

Mr. Ross suggested that the issue presented by Mr. Miller’s attorney is that they are concerned about assessment of a public street.  The governmental process cannot be stopped because as land is developed and engulfed, it takes infrastructure, streets (private or public) these happen to be public.  This is the course of things.  He suggested that the opposition would prefer that they take their whole site and move it a couple 100 feet to the east, adjacent to the east side of the car dealership, but they cannot do that with this plan. 

 

Although they are very proud and pleased to have Menards as one of their anchor tenants at the leading edge of the development, they are only 15.8 acres out of 179 acres, which is nine percent of the project.  They are a catalyst, but they are not the driving force of this project.  The driving force is the developer that has plans for many other aspects of this project, not only commercial.  This will be a truly multi-use development.  They had to start somewhere and they are starting next to the highway. 

 

He addressed some of the issues raised by Mr. Lindstrom to offset any concerns and dismiss any negative issues.  The paved street will be 36 feet wide on the southern one-third of the car dealership property and is cut lower than the existing grade that is there.  This is the reason for needing the grading easement so they don’t need a retaining wall.  On the southern portion, the street is lower than his property at the northern two-thirds, about 130 feet to the south of northeast corner. Mr. Ross agreed that is the natural low spot.  He also agreed that it is nothing more than a swale and serves the 3.50 acres and picks up a little of the highway right-of-way.  Mr. Ross confirmed that he met with Glen on site and he observed that the tube is one-third to one-half full, maybe more by now.  He said after the construction of 2nd Avenue in that area, up to about Mr. Miller’s southern entrance and after that it is a rural section with ditches on both sides that tube needs to be cleaned out.  This tube has been discussed with staff and they have agreed to assist Mr. Miller in contacting the District Office of the Department of Roads and get that tube cleaned out.  Mr. Ross stated they want it to be cleaned out and they will follow up on it. 

 

There is not a lot of drainage coming off this approximate 3.50 acres, but it needs to be dealt with.  Mr. Ross stated that he has been in the engineering business for 30 years.  In his professional opinion, he knows what to look at and does not want to disappoint his client or to get into a heated battle with the adjacent property owner.  They have made some minor changes such as; lowering the road to better the property, lessen the concern for a retaining wall, and about ponding water.  Mr. Ross believed they have dealt with those situations.  The swale at the east and south end of Menards, which is intended to pick up the water not only from the adjacent lots that someday will develop similar to Menards, but it also takes drainage coming from the car dealership and half the width of the highway. 

 

This drainage swale is sized to take that water and will take it unrestricted all the way down to the detention cell.  On a heavier storm, if Mr. Miller’s water has jumped the curb, it will flow downstream and get to the detention cell.  When staff reviewed the contours, there was no negative criticism regarding this grading plan.  Mr. Lindstrom referred to the little changes made.  They did change the detention cell, they raised finish floor of Menards about a quarter of a foot (because of some other storm sewer issues), but they lowered by about a foot and half, the entire parking lot that is the entire front width between the front face of Menards and 1st Avenue.  Mr. Lindstrom reported that part of the drainage will flow onto 1st Avenue.  Mr. Ross stated that unless there is a huge fan forcing the water up the hill, it would not drain onto 1st Avenue.  The contours on the plan suggest that it will fall right away from the end of return of that entrance all the way down to an area where there is storm sewer to pick all the water coming from the entire parking lot and roof drainage from Menards. The detention cell shape was changed during the final construction drawings so that it is slightly larger.  Their firm does detailed construction drawings, even though detailed construction drawings were not required on the preliminary plat submitted to City staff.  They did that because they were aware there were some issues and would prefer not to have surprises at the end of the project. 

 

Mr. Ross explained that 60th Street and 65th Street are being paved along with 1st Avenue so on day one that Menards opens; they will have two entrances.  He believed that Bruce Grupe’s thought was not to build an extra right hand turn lane now because, at this time, the traffic is not there to warrant it. They show it in their plan for the future. They will check with Mr. Grupe further on the paving district.   They intend to set their water main back so that it won’t be under paving in the future when an extra right hand turn lane is built.   There actually will be a center turn lane striped all along the length of 2nd Avenue south and northbound. 

 

Mr. Ross further stated that it actually was staff’s suggestion to insure that Menards can have maintenance of the board fence and did not want them to plant 4-5 feet away from the structure.  The agreement was to plant the trees 10-foot out and the maintenance would be perpetual.  Mr. Ross believed that since Menards is part of the property association, they would be willing to honor this agreement.  There is a document that Mr. Parker is working on that must be filed and approved by the City before they can get a building permit.  That document will address this new type of a concept.  The developer, who has agreed (by these restrictions that are in the various easements and restrictions), that when selling future lots for apartments to the east and the two commercial lots to the south will inform these future commercial lot owners that neither can they count that 25 feet, nor can the apartment lot owners count that 30 feet in their impervious calculation.  As a mutual compromise of working this out, without expanding the boundaries of Menards and going back to the drawing table on purchase agreements, he believes that it was an innovative way to give the City assurances and meet the parameters of design standards that other developers are asked to do.

 

Mr. Ross stated that Menards’ parking lot sheet drains from 1st Avenue from the east towards their building and the other two commercial lots do the same.  These lots drain from 60th Street north and from 1st Avenue to the east into the drainage way.  Neither does Menards’ parking lot drain onto 1st Avenue and contribute to storm water run off, nor do any of the commercial lots or anything south of 60th Street1st Avenue has a high point that will not allow the water to turn the corner and go north on 1st Avenue.  Mr. Ross stated that he would stand behind their design and believes strongly that it would work.   They are still willing to meet with Mr. Lindstrom and Mr. Miller to discuss specifics.  The grading was offered as betterment to Mr. Miller’s property and would eliminate the need for a retaining wall.

 

Council member Buschkoetter asked what is the distance between 2nd Avenue and 1st Avenue. He asked about the scenario that if there was a fender bender accident and traffic was backed up, what would be the worst case of stacking?  Director of Public Works responded the entrance is approximately 279 feet and could handle about ten cars before causing a back up on 2nd Avenue

 

Regarding drainage, Mr. Wiederspan stated that this is a preliminary layout and the final design has not yet been submitted.  The preliminary design appears that it will work.  The typical procedure is to look at the feasibility of the layout and then the final design is approved at a later date.  The final storm water and detention cell must be reviewed prior to issuing a building permit.  If, in the judgment of staff, this storm system will not work than it must either be revised or altered until it is satisfactory. A building permit will not be issued until that happens.  This is not a deviation from any other project that the City has done.  The engineering plans are public record, so Mr. Lindstrom has the ability to look at it or have his engineer review the plan and give staff  recommendations. 

 

Council member Clouse commented that there had been no discussion about sanitary sewer in this area. Mr. Ross responded that there will be a public lift station built by the developer with standby power, in accordance with City criteria provided by the Utilities Department.  The sanitary sewer will be turned over to the City once it is inspected and accepted by the City.  It was decided that it will be a public lift station built with development funds. Other than that, there are general gravity mains in that area and it will be a period of years before connecting to the northeast interceptor sewer. At staff’s recommendation, they changed the location and size of the lift station so it would serve the whole area rather than a small one that would serve just that area.  Their developers made the decision to spend a little more money for a larger capacity for this area, because it is anticipated that it will be 3-5 years for sanitary sewer to come up through a gravity trunk sewer. 

 

Council member Hadley asked if there would have been an assessment for Mr. Miller if 1st Avenue had been made straight north rather than curving?  Director of Public Works responded that there would not have been any assessment to Mr. Miller’s property if 1st Avenue had gone straight north because it would not have abutted his property.  If 1st Avenue had gone straight north, there would not have been enough usable property on the left for the Otto family.  Mr. Ross stated another reason for 1st Avenue not continuing straight north is that they wanted to have some smaller pad sites for restaurants, banks, financial institutions, and a drive through laundry, etc.  In this immediate phase, these are larger lots and if 1st Avenue was straight, there would have been only two more large lots created and would have lost the apartments.  It is possible that they will come back to the Council in the future and request to re-subdivide some of these lots into smaller lots. 

 

Glen Miller, 105 Second Avenue East, stated that he was not satisfied with the two choices between the grading and the retaining wall.  He did not believe that either of those choices would change the issue of the drainage problem. It has been proven to him that tubes in open ditches with gravel and mud do not work as evidenced the one he has by the highway.  There is an 80-foot tube that goes into an open ditch under his driveways.  The first large rain that fell three years ago within thirty days of the project’s completion was 7 inches.  The tube was filled at that time.  The state knew about that and still has not opened it.  The state has been asked to clean it out, but it remains totally closed and has been closed for almost three years.  The water that comes through that tube on the 2-3 acres that he has comes from 56th Street, not just from the highway. The highway has not been there for the entire 12 years that he has been there, but he still has the water.  

 

He believes that the ditch is not deep enough; it blows out of the ditch and comes across his property.  The tube over his ditch is a 24 inch tube. With their proposal, the water is going over a grate into another tube. Now the water will come from 56th Street and the highway, and will come through his property into a 15 inch tube into an open ditch.  Not only did the 80 foot tube not work, but now the water will flow into a box, then into another 15 inch tube that is about 300 feet long.  After the water has come across a gravel lot and picks up debris, it is going into an open grate, into a box culvert, into a 15 inch tube, into another tube and then into an open ditch.  He stated he couldn’t get anybody to clean out the other two.  He has tried to get in to the 24 inch tube and clean it out with a shovel, but could not do it. So a 15 inch tube that long would be impossible.  He felt that the Planning Commission meeting and this Council meeting was his only way of contesting and it needed to be addressed here. He felt more development in the area would create even more water drainage.

 

Mr. Miller pointed out that he believed that the plan should be for major crossings to be every ten blocks, like 56th Street to 65th Street.  Mr. Miller stated that if there is development as anticipated, there will be a right hand turn lane on 2nd Avenue to get onto 65th Street. The width will no longer be 173 feet but will be less.  There will be a couple of crosswalks, which will cause the staging line to get smaller.  He stated that Kearney is having some traffic problems just like this in other areas.  He noted that the original map showed 1st Avenue back further for staging traffic and then that street got pushed back to him.  It was stated earlier that there was a need for smaller lots and some larger lots might actually be subdivided.  It was stated that if 1st Avenue were moved back, then the lots behind his would be useless.  He believed that 1st Avenue was changed due to dollars and cents issue.  If 1st Avenue were moved back where it was originally, there would have been lots with approximately 120 foot depth.  He concluded that those lots could have been sold. 

 

He stated that from 12 years experience, he knows how much water there is and believed there will be a lot more water generated.  He stated that it does not take much water to flow over a 6-inch curb.  He pointed out that we have been in a drought condition for quite a while and have had very little rain.  There has been 5-6 inches of rain in the past; and he has had rain coming in his front door.   He believed that the retaining wall would make no difference because the rain will still go in the same place. 

 

Mr. Miller believed the solution to the drainage problem was to make 1st Avenue go straight, which would allow area for the water to be picked up away from his property.  At that point, it would have been directed into larger 36-inch pipe. He stated that he knows that the 6-inch curb will not hold the amount of water that will be there.

 

Mr. Wiederspan stated that the wrap around piping that is being proposed is reinforced concrete that is a 15-inch smooth tube.  The one on Mr. Miller’s property is flat, straight, and corrugated metal.

 

Mr. Ross stated that the drainage that comes into Ingalls Crossing and into Northgate Auto Sales only comes from the center of the highway.  It is true that there is drainage that originates north of Applebee’s and flows south for a short distance, then north, and heads all the way out of town.  It is also true there is a 24 inch corrugated metal pipe, which is more than one third full and needs to be cleaned out. The City has already indicated that they would approach the Department of Roads. He stated that they would also contact the Department of Roads and ask two questions. 

 

First, the tube was put there to carry this water that flows north out of town.  It does not go to the northeast through the natural swale that is there.  That natural swale starts in the back of the Northgate Auto Sales.  There is some water coming further from the south.  Mr. Ross guessed that when 60th Street is constructed, it would have a tube under it that is similar in size to what the Department of Roads put on Mr. Miller’s property for a 10-year storm.  Mr. Ross suggested that they have to build storm sewer that drains this same ditch that starts by Applebee’s and only picks up water from the center of the highway to that right-of-way line. The rest of Ingalls Crossing lots, the way it occurs naturally today and the way their proposed grading plans works, would take no water back into that little right-of-way ditch.

 

Mr. Ross was certain that between their engineering firm and the City that they can get Mr. Miller’s tube cleaned out.  He believed that it was unfortunate that they have not listened to the landowner.  They would need to deal with that water along with the water coming from Northgate Auto Sales, if this does not get done.  He understands that the parameters are that the State is obligated to clean it out. The fact is that that tube got filled in with dirt and muck, possibly due to poor erosion control out there.  It is also a fact that it should be able to be cleaned out and that 24 inch tube should be able to carry that water and head it to the north. 

 

He is confident that the 15 inch smooth wall pipe that is being proposed is adequate for that 3.5 acres of land. If the City decides to request a larger pipe, it could possibly be changed to an 18 inch pipe.  Mr. Miller did not say that the 15 inch pipe on his property is basically flat.  The proposed pipe has slope to it and is only picking up theoretically that amount of water.  In the event the tube fills up in the future and does not allow the water through, it will sheet drain across his property like he says it is doing now.  There is no difference today versus after 1st Avenue is built if they have their storm sewer in place and the rear of his property is graded such that it sheet drains over the 6 inch curb. 

 

Mr. Ross stated that he was baffled about the statement that the 6 inch curb will not hold all this water.  Holding the water back is not their intention.  In a heavy storm, they are in a sump condition on 1st Avenue and they want all that water to jump the curb and go into their waterway. The waterway will be lined with erosion control, which will be seeded, maintained and carries up to a 100-year storm.  The erosion control is part of their NPDS permit, which is reviewed by DEQ that is a State agency in charge of erosion control.  The plan is to have erosion control which will prevent the storm sewer from getting plugged.   If the sewer does get plugged, there will still be an entire waterway that carries the water from the beginning of Mr. Miller’s property around the southside of Menards, down the eastside of Menards, and into the detention cell.

 

Mr. Ross stated that he knows that Mr. Miller has not had the time to consult with anyone to look at this information.  He stated again that they would look at this with City staff in detail. He wants to ensure this issue will be resolved so there is not a concern for the City, Mr. Miller, the developer of Ingalls Crossing (which is not Menards), and Ross Engineering. In reviewing with City staff and Mr. Miller’s consultant, if there are added suggestions that can make improvements; they will do that in the final design. The final design is being worked on and will be submitted to the planning staff along with the overall construction drawings.  He has worked on the plan, understands it, and feels comfortable standing behind it.   He believed there have been some miss-notions about the drainage and some inaccurate statements. 

 

Council member Buschkoetter stated that he understands Mr. Miller’s concerns.  After hearing the information presented by the experts, including City staff, that this can and will be fixed and will work, it seems that the waterway might alleviate some of his existing problems.  He was very skeptical after reviewing the packet before the meeting, but his questions have been answered.  He stated that he believed that perhaps this would help rather than hinder the problem.

 

Mayor Blankenship stated that this project has been on the board for a long time. He believed that the plan can be improved and he believed that it would be before a building permit is issued. 

 

Council member Clouse stated that he also has trust that these drainage issues will get worked out from what was presented at this meeting.  His concern was regarding the easement.  The thing that stands out in his mind that makes Kearney special is that they try different things.  He is not totally comfortable with this, but willing to try it.  He has faith in the staff that they will make this work.

 

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

 

FINAL PLAT – INGALLS CROSSING THIRD ADDITION

 

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

 

Mayor Blankenship stated the Planning Commission recommended approval subject to compliance of the following conditions: (1) 60th Street shall be labeled as such, (2) a 30-foot building setback line be placed on the lots adjacent to 2nd Avenue, (3) in conjunction with the submittal of the final plat to the City Council that easements for the drainage pond, the 1st Avenue easement for water and sewer, and the compensating greenspace on the east and south of the premises be prepared and submitted. Administration recommends approval subject to the execution of the Subdivision Agreement.

 

Moved by Clouse seconded by Hadley to close the hearing and approve 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) and approve Resolution No. 2003-120 subject to compliance with the following conditions: (1) 60th Street shall be labeled as such, (2) a 30-foot building setback line be placed on the lots adjacent to 2nd Avenue, (3) in conjunction with the submittal of the final plat to the City Council that easements for the drainage pond, the 1st Avenue easement for water and sewer, and the compensating greenspace on the east and south of the premises be prepared and submitted. Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-120

 

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

            BE IT FURTHER RESOLVED that approval is subject to submittal of the final plat to the City Council including required easements as shown on Exhibits “A” through “F”, inclusive, for the stormwater management cell, the 1st Avenue easement for water and sewer, the lift station and force main, future 65th Street and the compensating greenspace on the east and south of the premises.

            BE IT FURTHER RESOLVED that the Subdivision Agreement shall be filed at the same time the final plat is filed with the Buffalo County Register of Deeds.

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

            PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

INCLUSION TO CORPORATE LIMITS - INGALLS CROSSING THIRD ADDITION

 

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

 

Mayor Blankenship stated the Planning Commission recommended approval.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve 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) and approve Resolution No. 2003-121. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-121

 

            WHEREAS, an Application has been 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 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., Buffalo County, Nebraska, more particularly described as follows: referring to found 5/8” rebar in a steel survey monument box, being the west quarter corner of Section 24; thence S89°52’16”E (an assumed bearing), and on the north line of the Southwest Quarter of Section 24 a distance of 95.83 feet to a found 5/8” rebar being a point on the east right-of-way line of U.S. Highway #10 and the POINT OF BEGINNING; thence continuing on the last described course, S89°52’16”E, and on the north line of the Southwest Quarter of said Section 24 or the south right-of-way line of said U.S. Highway #10 a distance of 12.59 feet to a found 5/8” rebar being a point on the east right-of-way line of said U.S. Highway #10; thence N00°14’24”E and on the east right-of-way line of said U.S. Highway #10 a distance of 330.08 feet to a found 5/8” rebar; thence S89°52’13”E a distance of 1058.08 feet to a set 5/8” rebar; thence S00°07’47”W a distance of 80.0 feet to a set 5/8” rebar; thence S00°15’38”W a distance of 787.03 feet to a set 5/8” rebar; thence N89°44’22”W a distance of 863.63 feet to a set 5/8” rebar; thence S00°15’38”W a distance of 29.88 feet to a set 5/8” rebar being the point of curvature; thence on a curve to the left having a radius of 220.0 feet an arc length of 143.04 feet and a central angle of 37°15’12” with a chord bearing of S18°21’58”E a chord distance of 140.54 feet to a set 5/8” rebar, being the point of tangency; thence S36°59’34”E a distance of 110.64 feet to a set 5/8” rebar being the point of curvature; thence on a curve to the right having a radius of 330.0 feet an arc length of 214.72 feet and a central angle of 37°16’49” with a chord bearing of S18°21’10”E a chord distance of 210.95 feet to a set 5/8” rebar being the point of tangency; thence S00°17’14”W a distance of 190.0 feet to a set 5/8” rebar; thence N89°42’46”W a distance of 408.71 feet to a set 5/8” rebar being a point is on the east right-of-way line of said U.S. Highway #10; thence N00°17’14”E and on the east right-of-way line of said U.S. Highway #10 a distance of 556.03 feet to a found 5/8” rebar; thence S89°49’51”E a distance of 179.35 feet to a found 1¼” pipe; thence N00°15’38”E a distance of 487.04 feet to a found 1” pipe; thence N89°47’53”W a distance of 166.87 feet to a found 5/8” rebar being a point on the east right-of-way line of said U.S. Highway #10; thence N04°29’11”E and on the east right-of-way line of said U.S. Highway #10 a distance of 132.53 feet to the point of beginning and containing a calculated area of 1,066,582.02 square feet or 24.485 acres, more or less, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the east); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on July 18, 2003 on the inclusion of “INGALLS CROSSING THIRD ADDITION” within the corporate limits and recommended the Kearney City Council approve said application; and

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

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on September 23, 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 “INGALLS CROSSING THIRD ADDITION” shall be included within the corporate limits of the City of Kearney, Buffalo County, Nebraska, that the inhabitants of such addition shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules and regulations of the City of Kearney.

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

            PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

DEVELOPMENT PLAN APPROVAL - MENARDS

 

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

 

Mayor Blankenship stated the Planning Commission recommended approval subject to compliance of the following conditions: (1) the parking spaces as required by City Code be shown on the site plan but not stripped on the site, (2) the impervious coverage requirements be as shown but that other parts of the 168 acres when developed will accommodate for that shortage, (3) the offset deviation for the 5-foot offset for the structural be reduced to one foot due to additional landscaping being provided.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve 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) and approve Resolution No. 2003-122 subject to compliance with the following conditions: (1) the parking spaces as required by City Code shall be shown on the site plan but not stripped on the site; (2) the impervious coverage requirements shall be satisfied by reserving other open space areas on the master planned 168-acre parcel; and (3) the required minimum 5-foot offset for each 100 lineal feet of the structural wall surrounding the outside storage yard, shall be reduced to a brick column projecting one-foot from the wall each 100 lineal feet due to additional landscaping being provided.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-122

 

            WHEREAS, Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta Corrigan as General Partner (Owner) has applied for Development Plan Approval for the construction of a home improvement center on property zoned “District MU, Mixed Use 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., Buffalo County, Nebraska, more particularly described as follows: referring to a found 5/8” rebar in a steel survey monument box being the west quarter corner of said Section 24; thence S00°15’03”W (an assumed bearing), and on the west line of the Southwest Quarter of said Section 24 a distance of 1175.10 feet to a point; thence S89°42’46”E a distance of 481.84 feet to a point; thence N00°17’14”E a distance of 190.0 feet to a point, being the point of curvature; thence on a curve to the left, have a radius of 330.0 feet, an arc length of 214.72 feet and a central angle of 37°16’49”, with a chord bearing of N18°21’10”W a chord distance of 210.95 feet to a point, being the point of tangency; thence N36°59’34”W a distance of 110.64 feet to a point, being the point of curvature; thence on a curve to the right, having a radius of 220.0 feet, an arc length of 143.04 feet and a central angle of 37°15’12” with a chord bearing of N12°21’58”W a chord distance of 140.54 feet to a point, being the point of tangency; thence N00°15’38”E a distance of 29.88 feet to a set 5/8” rebar, being the point of beginning; thence continuing on the last described course N00°15’38”E a distance of 785.06 feet to a set 5/8” rebar; thence S89°52’13”E a distance of 1058.08 feet to a set 5/8” rebar; thence S00°15’38”W a distance of 787.03 feet to a set 5/8” rebar” thence N89°44’22”W a distance of 863.63 feet to the point of beginning and containing a calculated area of 67,853.77 square feet or 15.584 acres, more of less, Buffalo County, Nebraska (2nd Avenue and 65th Street).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta Corrigan as General Partner (Owner) for Development Plan Approval for the construction of a home improvement center on property zoned “District MU, Mixed Use 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., Buffalo County, Nebraska, more particularly described as follows: referring to a found 5/8” rebar in a steel survey monument box being the west quarter corner of said Section 24; thence S00°15’03”W (an assumed bearing), and on the west line of the Southwest Quarter of said Section 24 a distance of 1175.10 feet to a point; thence S89°42’46”E a distance of 481.84 feet to a point; thence N00°17’14”E a distance of 190.0 feet to a point, being the point of curvature; thence on a curve to the left, have a radius of 330.0 feet, an arc length of 214.72 feet and a central angle of 37°16’49”, with a chord bearing of N18°21’10”W a chord distance of 210.95 feet to a point, being the point of tangency; thence N36°59’34”W a distance of 110.64 feet to a point, being the point of curvature; thence on a curve to the right, having a radius of 220.0 feet, an arc length of 143.04 feet and a central angle of 37°15’12” with a chord bearing of N12°21’58”W a chord distance of 140.54 feet to a point, being the point of tangency; thence N00°15’38”E a distance of 29.88 feet to a set 5/8” rebar, being the point of beginning; thence continuing on the last described course N00°15’38”E a distance of 785.06 feet to a set 5/8” rebar; thence S89°52’13”E a distance of 1058.08 feet to a set 5/8” rebar; thence S00°15’38”W a distance of 787.03 feet to a set 5/8” rebar” thence N89°44’22”W a distance of 863.63 feet to the point of beginning and containing a calculated area of 67,853.77 square feet or 15.584 acres, more of less, Buffalo County, Nebraska (2nd Avenue and 65th Street) be approved subject to compliance of the following conditions: (1) the parking spaces as required by City Code shall be shown on the site plan but not stripped on the site; (2) the impervious coverage requirements shall be satisfied by reserving other open space areas on the master planned 168-acre parcel; and (3) the required minimum 5-foot offset for each 100 lineal feet of the structural wall surrounding the outside storage yard, shall be reduced to a brick column projecting one-foot from the wall each 100 lineal feet due to additional landscaping being provided.

PASSED AND APPROVED THE 23RD DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

BOARD OF EQUALIZATION – 2001 PART II, 2002 PART I AND 2002 PART II IMPROVEMENTS

 

Mayor Blankenship opened the public hearing for the Council to meet as a 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 and to consider Resolution No. 2003-158.

 

After completion of the construction projects, the City hired a title company to complete property abstracts so that assessments could be levied. These districts have been completed and, in order to satisfy state law, when paving, water and sewer districts are completed, the City Council must act as a Board of Equalization to levy assessments on properties so benefited.

 

The City Council is asked to sit as a Board of Equalization to levy the assessments.  Property owners will then be required to pay the first installment within 50 days (November 12, 2003) or will be able to pay the entire assessment without any interest prior to this date.  The City of Kearney has already issued warrants to pay for the construction work.

 

In order to satisfy state law, when paving, water and sewer districts are completed, the City Council must act as a Board of Equalization to levy assessments on properties so benefited. The City will recoup the costs associated with the construction of paving and improving the streets within such Paving Districts, except the cost of paving and improving the intersections of streets or avenues and spaces opposite alleys in such Paving Districts and will recoup the cost of installation of mains in said Water and Sewer Districts.

 

Tony Clark, 4331 Jurgen Road, Grand Island, Nebraska, on behalf of Milan Tim who owns property on the corner of 39th Street and Avenue R, voiced some concerns pertaining to Paving Improvement District No. 2000-835.  He stated that prior to Mr. Tim purchasing this property, the establishment of the paving district went into effect.  At that time they did not have the opportunity to comment on the assessment for this property of $55,000 plus.  He stated one of their concerns is that they believe this will provide no benefit as far as access to this property off of 39th Street.  There are no outlets that will enter off 39th Street.  They do have access off of Avenue R, which is the primary entrance for the apartment property.  They thought that they paid, as a part of the purchase price of the property, for access and public roads for this piece of property.  They believe that this is a double assessment by including 39th Street.  He stated he was uncertain what is customary in Kearney for projects like this.  He assumed that this was an arterial or collector street that would normally be a part of public improvements for expansion for traffic and things of that nature. He requested, as a project manager for Mr. Tim, that this property be pulled from the agenda and reconsidered at another meeting. Mr. Clark also asked if all collector streets are assessed to adjoining property owners, such as when 56th Street is expanded, would it be assessed to the property owners?

 

City Clerk reported that the district was created in May of 2000. The date on the deed in which Milan Tim purchased the property was September of 2000. The deed was not recorded until January of 2001. So the City did notify the correct property owner at the time the district was created in May.  Also, when a district is created, the ordinance is filed with the Office of the Register of Deeds and recorded against the property. This is a way of notifying any future purchasers of property in the district boundary that the City will be installing improvements and that there will be assessments against the property in the future.

 

Director of Public Works Rod Wiederspan stated that the current policy is that any property that is zoned R-3 or commercial is assessed back equivalent to what a local street would be assessed.  There will be a 48-foot wide street put in, but the property owners are only being assessed back 18 foot of that street, which would be similar to what a residential street would be.  This would be no different than building the apartment complex on the corner of 45th Street and Avenue R. In that case, there would still be an assessment for both Avenue R and 45th Street. This policy affects anything that is above single family or duplex would be assessed equivalent to what a local street would cost.    

 

Moved by Blankenship seconded by Kearney to close the hearing as the Council meeting as a Board of Equalization and 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 and approve Resolution No. 2003-158. Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-158

 

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

            Section 1.  The President and Council find and determine that the streets in Paving Improvement District Nos. 2000-835, 2001-860, 2001-861, 2001-862, 2001-863, 2001-864, 2001-867 have been improved by paving, curbing and guttering and incidental work, that none of the properties listed, which list is marked Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said improvements and the total amount of said special assessments does not exceed the costs of said improvements exclusive of the cost of the intersections and areas formed by the crossing of streets, avenues and alleys as heretofore determined by the Mayor and City Council.

            Section 2.  That the water mains heretofore ordered installed in Water District Nos. 2001-521, 2001-522, 2001-523, 2001-524, 2001-525 have been installed, together with all incidental work thereto by the City Utilities Department, and that none of the properties listed, which is marked “Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said water mains and the total amount of said special assessments does not exceed the costs of said improvements as heretofore determined by the Mayor and City Council.

            Section 3.  That the sewer mains heretofore ordered installed in Sewer District Nos. 2001-462, 2001-463, 2001-464, 2001-465, 2001-466 have been installed, together with all incidental work thereto by the City Utilities Department, and that none of the properties listed, which is marked “Exhibit “A” and made a part hereof by reference, were damaged thereby and that the amounts shown in the attached schedules do not exceed the amounts which each of said lots and parcels of ground were specially benefited by said sewer mains and the total amount of said special assessments does not exceed the costs of said improvements as heretofore determined by the Mayor and City Council.

            Section 4.  Notice of the time and purpose of hearing on special assessments for equalizing said special assessments has been published as provided by law in the Kearney Hub, and a copy of said notice mailed by certified mail to each party known to have a direct legal interest therein.

            Section 5.  That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground.  Said assessments for Paving Improvement District Nos. 2000-835, 2001-860, 2001-861, 2001-862, 2001-863, 2001-864, 2001-867 shall become delinquent as follows:

            1/10th fifty days after date of this Resolution

            1/10th one year after date of this Resolution

            1/10th two years after date of this Resolution

            1/10th three years after date of this Resolution

            1/10th four years after date of this Resolution

            1/10th five years after date of this Resolution

            1/10th six years after date of this Resolution

            1/10th seven years after date of this Resolution

            1/10th eight years after date of this Resolution

            1/10th nine years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of six per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

            Section 6.  That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground.  Said assessments for Water District Nos. 2001-521, 2001-522, 2001-523, 2001-524, 2001-525 shall become delinquent as follows:

            1/5th fifty days after date of this Resolution

            1/5th one year after date of this Resolution

            1/5th two years after date of this Resolution

            1/5th three years after date of this Resolution

            1/5th four years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of six per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

            Section 7.  That there be and there is hereby levied against each lot and parcel of ground set out in Exhibit “A” the amount set opposite each lot and parcel of ground.  Said assessments for Sewer District Nos. 2001-462, 2001-463, 2001-464, 2001-465, 2001-466 shall become delinquent as follows:

            1/5th fifty days after date of this Resolution

            1/5th one year after date of this Resolution

            1/5th two years after date of this Resolution

            1/5th three years after date of this Resolution

            1/5th four years after date of this Resolution

Each installment, except the first, shall draw interest at the rate of six per centum per annum from date of this Resolution until the same become delinquent and after they become delinquent at the rate of fourteen per centum per annum until paid.

            PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

BOARD OF EQUALIZATION – WATER AND SEWER CONNECTION DISTRICTS

 

Mayor Blankenship opened the public hearing for the Council to meet as a 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 and to consider Resolution No. 2003-159.

 

Director of Utilities Kirk Stocker presented this matter to the Council. As part of the City’s growth plan, the Council created 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; and 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.  The purpose of these districts was to provide sanitary sewer and water service to these growth areas of the City.

 

Section 16-6,103 of the Nebraska Revised Statutes provides that the special benefits determined by the Board of Equalization shall not be levied as special assessments against the property within the district, but shall be certified to the Register of Deeds of the County. A connection fee in the amount of the benefit accruing to the property in the district shall be paid to the City at the time such property becomes connected to the sewer and/or water main.  The City shall provide that no property thus benefited by sanitary sewer and/or water improvements shall be connected to the sanitary sewer and/or water main until the connection fee is paid.

 

After completion of the construction project, the City hired a title company to complete property abstracts so that the property owners could be notified of the amount of the connection fee.

 

The calculations of the connection fees have been completed by Miller & Associates in compliance with the City assessment policy. The property owner pays a connection fee for the cost of the work up to an 8” diameter sewer and water main.  The City pays for oversized water and sewer mains. The districts have been completed and, in order to satisfy state law, the City Council must act as a Board of Equalization to determine the special benefits to the property.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing as the Council meeting as a Board of Equalization and approve 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 and approve Resolution No. 2003-159.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-159

 

            WHEREAS, on the 11th day of December, 2001, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 6846 creating Water Connection District No. 2001-1, the said water main has been constructed in said Water Connection District No. 2001-1 and the costs thereof have been reported to the City Council; and

            WHEREAS, on the 10th day of April, 2001, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 6774 creating Sewer Connection District No. 2001-1, the said sewer main has been constructed in said Sewer Connection District No. 2001-1 and the costs thereof have been reported to the City Council; and

            WHEREAS, on the 14th day of August, 2001, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 6810 creating Sewer Connection District No. 2001-2, the said sewer main has been constructed in said Sewer Connection District No. 2001-2 and the costs thereof have been reported to the City Council; and

            WHEREAS, the City Council, sitting as a Board of Equalization, has determined the benefits to abutting property in the Districts to be shown on an Assessment Schedule, marked Exhibit “A”, attached hereto and made a part hereof; and

            WHEREAS, Nebraska Revised Statues Section 16-6,103 provides that the special benefits determined by the Board of Equalization shall not be levied as special assessments against the property within the District, but shall be certified to the Register of Deeds of the County.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the benefits to abutting property in Water Connection District No. 2001-1, and Sewer Connection District Nos. 2001-1 and 2001-2 are as found and determined by the Council, sitting as a Board of Equalization, as shown and set forth on Exhibit “A” attached hereto and made a part hereof.

            BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to file a certified copy of this Resolution in the Office of the Buffalo County Register of Deeds.

            BE IT FURTHER RESOLVED that a connection fee equal to the amount of the benefit accruing to the property as set by the benefit schedule (Exhibit “A”) shall be paid to the City at the time the respective properties are connected to the water and/or sewer mains constructed in Water Connection District No. 2001-1, and Sewer Connection District Nos. 2001-1 and 2001-2 and that no property thus benefited by said main improvements shall be connected to the main until said connection fee is paid.

            BE IT FURTHER RESOLVED that upon payment by abutting owners of the connection fee, the City shall notify the Buffalo County Register of Deeds that the individual connection fees have been paid and satisfied.

PASSED AND APPROVED THIS 23RD 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 22 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 September 9, 2003.

 

2.         Approve the following Claims: ABC-CLIO $334.80 Bks; Abramson, C $13.80 Ref; Adams, W $27.07 Ref; Addy, D $14.14 Ref; Air Midway $500.00 Su; ALA $285.00 Tr; Albee, L $12.11 Ref; Alltel $3,573.13 Various; Almquist, R $187.50 Various; Amer Electric $1,434.75 Various; Amer Fence $50,069.07 Su; Andersen Auto Parts $10.00 Su; Anderson Bros $3,416.00 Rep; Arctic Refrigeration $370.59 Rep; Arrow Seed $306.00 Su; Arsenal $3,864.00 Various; Associated Bag $168.58 Su; AT&T $87.78 Serv; B&B Auto Glass $611.02 Rep; B.A.B. $8,460.00 Capital Imp; Baker & Taylor Books $1,804.96 Bks; Barney Abstract $75.00 Serv; BBC Audiobooks $361.09 Bks; BBW Environmental $180.00 Tr; Becker, G $55.28 Su; Best Access Systems $2,185.43 Rep; Big Flag $1,877.30 Inv; Bloomfield, C $10.35 Tr; Blue Cross Blue Shield $161,448.17 Claims; Bob's Super Store $57.56 Su; Books on Tape $416.40 Bks; Bosselman Energy $173.08 Equip; Brand, T $20.74 Ref; Broadfoot Sand $105.50 Su; Brokke, P $10.18 Ref; Buffalo Co Reg of Deeds $144.00 Serv; Buffalo Co Treas $7,500.00 Serv; Buffalo Co Court $330.40 Ded; Buffalo Co Dist Court $129.00 Ded; Buffalo Surveying $495.32 Serv; Builders How to Warehouse $68.29 Su; Buoy, R $39.56 Ref; Buzz's Marine $1,699.24 Capital Imp; Canal Bank $494.10 Rep; Cash Wa $420.39 Various; CDSI $1,599.15 Claims; CDW-G $95.00 Su; Central Fire & Safety $390.75 Rep; Central Hydraulic $2,065.30 Capital Imp; Central States $1,663.60 Rep; Central Valley Irrigation $515.29 Lease; Charter Communications $43.55 Serv; Charter Paging $21.92 Serv; Chesterman $792.05 Su; Chick, J $40.00 Ref; Chief Supply $2,489.90 Capital Imp; City of Ky $7,833.11 Various; Clarke, L $12.36 Ref; Clevenger Petroleum $1,531.87 Su; CLH $309.00 Equip; Cochran, V $9.12 Ref; Colison, G $44.92 Ref; College Savings Plan $245.00 Ded; Comfy Bowl $253.20 Rep; Comm. Creations $295.00 Serv; Concrete Workers $55,380.47 Serv; Concreters $1,787.00 Capital Outlay; Construction Rental $126.33 Rep; Control Masters $1,450.00 Rep; Cook Construction $1,062.50 Rep; Couch, C $17.00 Ref; Covalt, M $49.40 Ref; Cummins Great Plains $215.00 Rep; D&M Security $45.00 Rep; Dalland, J $15.66 Ref; Davis, R $72.91 Ref; Dawson Co PPD $2,471.07 Serv; Deeter Foundry $1,356.00 Inv; Dell $9,765.24 Various; Deterding's $2.33 Su; Development Council $8,583.00 Various; Diamond Vogel $71.06 Rep; Dominion Construction $2,930.21 Serv; Don's Pioneer Uniforms $85.90 Cla; Downing $10.16 Ref; DPC $4,159.59 Su; Dutton-Lainson $122.62 Inv; DYNIX $675.00 Tr; Eakes $2,272.10 Various; Ebsco Pub $600.00 Bks; Ed Broadfoot Sand $20.00 Su; Ehrke, T $16.35 Ref; English, C $100.00 Tr; Experimental Aircraft $37.00 Su; Facts on File $227.75 Bks; Farm Plan $3,482.47 Lease; Fas-Break Auto Glass $764.48 Rep; Federal Signal $33,796.00 Equip; Fedex $91.44 Various; Foster, D $59.34 Cla; Foster, N $3.18 Ref; Freeman, D $41.97 Ref; Fremont Nat'l Bank $33,446.20 Ded; Frontier $512.21 Serv; Fullerton, B $21.24 Ref; Gall's $126.97 Su; Gangwish Turf $21.60 Su; Gardner, S $3.08 Ref; Garret Tires $34.50 Various; Gary's I-80 $285.00 Serv; Gene's Electric $37.75 Su; Graham, S $11.30 Ref; Great Plains One-Call $864.73 Serv; Great Plains Safety & Health $4,130.00 Serv; Guill, R $26.94 Ref; H&G Cleaners $264.67 Serv; H&H Dist. $850.00 Su; Hach $443.25 Su; Hamill, E $19.86 Ref; Harris, I $26.82 Ref; Hartman, A $29.16 Ref; Heisler, K $610.50 Capital Outlay; Hometown Leasing $206.00 Capital Imp; Hoover's Business Press $499.00 Bks; Hornady $1,437.54 Su; Howard's Glass $2,900.00 Rep; Huber, V $211.18 Ref; Huffy's Airport Windsocks $153.85 Rep; IAEI $90.00 Dues; IBM $2,572.20 Serv; ICMA  $646.00 Dues; ICMA RC $2,464.30 Ded; IRS $76,577.63 Ded; Interstate Structures $7,294.27 Serv; Jack Lederman Co $640.67 Various; Janway $890.00 Su; Jensen, J $4.10 Ref; JJE $74.00 Su; Johnson, R $8.79 Ref; Jorgensen, S $40.00 Ref; Junkman's Recycling $300.00 Capital Outlay; K Mart $70.00 Su; KASWA $267.30 Various; Ky Clinic $70.00 Serv; Ky Concrete $8,421.77 Various; Ky Hub $270.00 Adv; Ky Public Schools $14.55 Ref; Ky Winlectric $530.28 Rep; Ky Yamaha $109.70 Rep; KHGI/KWNBTV $250.00 Serv; Kirkham Michael Consulting $44,507.16 Serv; Kovarik, T $7.41 Ref; Krepel, J $50.00 Tr; Kustom Signals $9,990.00 Capital Imp; Lantz, V $28.01 Ref; Larson, S $10.18 Ref; Laser Art Design $286.00 Capital Outlay; League of NE Municipalities $80.00 Various; Lewis, D $13.48 Ref; Liehs Drilling $7,822.83 Su; Lifton, T $17.04 Ref; Linweld $1,489.03 Various; Lockmobile $303.80 Su; Londer, P $14.02 Ref; Lynch, D $78.35 Tr; Magic Cleaning $600.00 Su; Manufacturer's News $70.95 Bks; Marlatt Machine Shop $733.57 Various; Maryott, B $6.99 Ref; Mason, M $40.00 Ref; McCollister & Co $1,281.81 Inv; McCracken Construction $8.64 Ref; McElhinney $13.07 Ref; McKeehan, S $19.87 Ref; MES Snyder $17,820.88 Capital Imp; Metro KC Chapter ICBO $200.00 Tr; MGS Tech $132.59 Equip; Mid America Pay Phones $200.00 Serv; Midas $41.55 Rep; Midlands Constracting $25,120.31 Serv; Mid-NE Lubricants $2,156.00 Inv; Mid-State Units $570.00 Various; Midtown Communications $360.00 Serv; Miller & Associates $16,092.70 Serv; Miller Signs $92.45 Rep; Motorola $15,000.00 Serv; MSI Systems $635.52 Rep; Municipal Pipe $320.36 Various; NAPA $76.10 Lease; Nat'l Paper Supply $100.40 Su; Nat'l Waterworks $4,731.27 Various; NE Assoc of Airport Officials $280.00 Reg; NE Child Support $978.49 Ded; NE Dept of Revenue $75.00 Fee; NE Supreme Court Pub $96.15 Bks; NEland Distributors $1,117.50 Su; NeRPA $150.00 Tr; Neumann Co Contractors $150,670.00 Serv; Nichols, L $35.78 Ref; NLA-NEMA $305.00 Tr; Noller Electric $6,792.30 Capital Outlay; Northwestern Energy $2,563.45 Serv; NSA POAN $65.00 Tr; O'Brien, A $19.16 Ref; Office Max $191.10 Su; Olsen, C $1,631.95 Tr; Olsson Associates $10,077.10 Serv; Oltman, J $42.28 Ref; OMB Police Supp $5,128.83 Rep; Pankos, M $40.00 Ref; Paradigm Insurance $49,608.32 Prem; Paramount $407.63 Various; Fearnley, M $50.00 Pc; Patterson, B $200.90 Pstg; Paulsen $18,971.10 Serv; Petersen, S $23.76 Ref; Pierson, Fitchett $98.00 Serv; Pitney Bowes $450.00 Su; Platte Valley Communications $24,353.54 Various; Presto-X $211.00 Various; Prices Tree Service $765.00 Serv; Pueblo Chemical $1,598.80 Rep; Quality Books $1,746.77 Bks; Quill $1,889.96 Bks; R.C. Booth $62.00 Bks; Recorded Books $983.40 Bks; Red Willow $756.00 Fee; Research Grant Guides $153.00 Bks; Riverside Animal Hospital $3,926.11 Serv; Rochford Custom Homes $12.97 Ref; Roth, K $73.83 Cla; Rourke Publication $1,890.10 Bks; Saathoff, J $13.73 Pstg; Sahling Kenworth $726.20 Rep; Sam's Club $30.00 Dues; Schnuerle, B $12.15 Ref; School Dist #7 $365.31 Remittance; Secretary of State $100.00 Reg; See Clear Cleaning $1,950.00 Serv; Sesna, D $231.84 Tr; Sewer Equipment $302.59 Rep; SG Properties $27.84 Ref; Sheldon, C $46.12 Tr; Sign Center $585.75 Serv; Simmons Gun Specialties $4,552.14 Su; Sirchie Finger Print Lab $181.80 Su; Smith, L $40.00 Ref; Snap On Tools $68.25 Tools; Solid Waste Equipment $6,729.42 Containers; Southeast Library System $90.00 Tr; Spencer Turbine $444.10 Rep; Spiegel, J $24.90 Ref; St of NE Dept of Aeronautics $1,470.00 Fee; Sterling Dist $128.40 Su; Suburban Fire Prot Dist #1 $10,733.19 Reim; Suchsland, T $382.71 Tr; Supercircuits $542.33 Su; Sutphen $1,100.00 Rep; T&B Cleaning $2,600.00 Serv; Tactical & Survival Svcs $1,665.24 Capital Imp; Tactical USA $530.00 Su; TerraScan $33,494.00 Serv; Thompson, K $566.84 Tr; Thompson, L $50.00 Rep; Tollefsen-Elliott $193.45 Tools; Union Oil $10,904.73 Inv; United Distillers $339.40 Su; Urbanek, T $100.00 Tr; US Postmaster $830.00 Pstg; Video Svc of American $1,164.75 Su; Washington State Support $102.01 Ded; Weathercraft $11,567.23 Serv; West Group $1,435.84 Su; White, T $42.01 Ref; Whittaker, T $29.51 Ref; Woods & Aitken $446.87 Serv; WPCI $478.00 Serv; Xerox $598.55 Equip; Young, C $40.00 Ref; Zimmerman Printers $1,754.50 Su; Payroll Ending 09-06-2003 -- $238,148.30.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Receive recommendations of Planning Commission and set October 14, 2003 at 7:30 P.M. as date and time for hearing on those applications where applicable.

 

4.         Authorize the acceptance of the Confession of Judgment offered by the Buffalo County Board of Equalization, hereby re-determining the Airport properties to be exempt from taxation and ending the appeals to the Nebraska Tax Equalization and Review Commission and approve Resolution No. 2003-160.

 

RESOLUTION NO. 2003-160

 

            WHEREAS, the City of Kearney timely appealed the decisions of the Buffalo County Board of Equalization concerning the taxable status of various properties owned by the City of Kearney and located at the Kearney Municipal Airport (“Airport”) for 2002 and 2003 which appeals are currently pending before the Nebraska Tax Equalization and Review Commission (“TERC”), and

            WHEREAS, the Buffalo County Board of Equalization has offered to confess judgment to the effect that the decisions of said Board of Equalization should be reversed and the Airport property under appeal to TERC as set forth and described in Cases #02E-154 through #02E-181 should be exempt from taxation for 2002 and the Airport property as set forth and described in Cases #03E-024 through #03E-054 should be exempt from taxation for 2003 with costs for all appeals to be paid by the Board of Equalization (excepting #03E-025 and #03E-30 which costs shall be paid by the City of Kearney), and

            WHEREAS, Michael E. Kelley, Kearney City Attorney, and Ronald S. Depue, previously appointed as special assistant City Attorney for the purpose of prosecuting said appeals, recommend that the City of Kearney accept the Offers to Confess Judgment, 

            NOW THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney that Ronald S. Depue be and is hereby authorized on behalf of the City of Kearney to execute the Acceptance of Confession of Judgment offered by the Buffalo County Board of Equalization to the effect that the decisions of the Buffalo County Board of Equalization should be reversed and all Airport property under appeal to TERC as described and set forth in Cases #02E-154 through #02E-181 should be exempt from taxation for 2002 and all Airport property as described and set forth in Cases #03E-024 through #03E-054 should be exempt from taxation for 2003 with costs for all such appeals to be paid by the Board of Equalization (excepting #03E-025 and #03E-30 which costs shall be paid by the City of Kearney).

            PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2003

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

5.         Authorize Administration to submitting a Grant Application in the amount of $110,000.00 to the Nebraska Games and Parks Commission Recreational Trails Program for the construction of the Cottonmill to Fort Kearny Trail Phase III Archway Historical Bridge and approve Resolution No. 2003-161.

 

RESOLUTION NO. 2003-161

 

            WHEREAS, the City of Kearney, Nebraska is applying for federal assistance from the Recreational Trails Program for the purpose of constructing the Cottonmill to Fort Kearny Trail Phase III Archway Historical Bridge; and

            WHEREAS, the Mayor of Kearney, Nebraska is authorized to sign the application for federal assistance, and any other official project documents that are necessary to obtain such assistance, including any agreements, contracts or other documents that are required by the State of Nebraska or the Federal Highway Administration; and

            WHEREAS, the City of Kearney, Nebraska currently has the 20% local matching share on-hand for the project elements that are identified on the Application form and the Supplemental Documents and will, as it becomes necessary, allocate the local funds for this project; and

WHEREAS, the City of Kearney, Nebraska will commit the necessary financial resources to operate and maintain the completed project in a safe and attractive manner; and

WHEREAS, the City of Kearney, Nebraska will not discriminate against any person on the basis of race, color, age, religion, disability, sex or national origin in the use of any property or facility that is acquired or developed pursuant to the project proposal, and shall comply with the terms and intent of Title VI of the Civil Rights Act of 1964, and any of the regulations promulgated pursuant to such Act; and

WHEREAS, the City of Kearney, Nebraska will comply with all rules and regulations of the Recreational Trails Program, applicable Executive Orders and all state laws that govern the grant applicant during the performance of the project; and

WHEREAS, the City of Kearney, Nebraska will comply with the Federal Disability Access and Use Standards where they can be reasonably applied, in accordance with the American with Disability Act of 1991.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, to authorize Administration to submit a Grant Application in the amount of $110,000.00 to the Nebraska Games and Parks Commission Recreational Trails Program for the construction of the Cottonmill to Fort Kearny Trail Phase III Archway Historical Bridge.

            PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

6.         Approve Resolution No. 2003-162 canceling various special assessments levied against the City of Kearney.

 

RESOLUTION NO. 2003-162

 

            WHEREAS, special assessments have been levied against various properties owned by the City of Kearney; and

            WHEREAS, the special assessment liens should be extinguished and no longer constitute liens upon the subject real estate;

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Clerk of the City of Kearney be and is hereby authorized and directed to denote on the records of the Office that the special assessments levied against the below-listed lots are cancelled, and to remove the said records and assessment schedules from the active files of the Office.

Lots 1619 and 1620, Original Town of Kearney Addition, City of Kearney, Buffalo County, Nebraska;

Outlot A, Tony H. Addition, and Lot 15, Tiffany Square Addition, City of Kearney, Buffalo County, Nebraska;

 

Lots 121, 122, 123, 124, 125, and 126, Original Town of Kearney Addition, City of Kearney, Buffalo County, Nebraska;

 

South Half of vacated 14th Street abutting Lot 1636 on the north, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska;

 

West Half of Southeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., and the east 250 feet of Block 7 Colonial Estates 4th to the City of Kearney, Buffalo County, Nebraska.

 

PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

7.         Approve Change Order No. 1 for an increase in the amount of $9,562.00 submitted by Weathercraft Co. and approved by Miller & Associates in connection with the City Hall Roof Replacement Project and approve Resolution No. 2003-163.

 

RESOLUTION NO. 2003-163

 

WHEREAS, on February 25, 2003 the City Council awarded the bid to Weathercraft Co. for the Roof Replacement Project for the East Half of City Hall; and

WHEREAS, on June 24, 2003 a wind storm damaged two radio towers on top of the City Hall causing damage to the roof; and

WHEREAS, Weathercraft Co. has agreed to perform services in connection with the repair of the roof from the storm; 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 $9,562.00, as shown on Exhibit “A”, attached hereto and made a part hereof by reference as follows:

 

Original Contract Sum

$47,617.00

     Change Order No. 1 (09-23-2003)

+  9,562.00

 

 

Contract Sum To Date

$57,179.00

 

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

            PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                      PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

8.         Repeal Resolution No. 2003-100 and approve a Subdivision/Infrastructure Agreement between the City of Kearney and Sixth Street Development and Platte Valley State Bank & Trust for Sixth Street Second Addition and approve Resolution No. 2003-164.

 

RESOLUTION NO. 2003-164

 

            WHEREAS, the City Council passed and approved Resolution No. 2003-100 on the 8th day of July, 2003 approving the “Developer Constructed Infrastructure/Subdivision Agreement for Sixth Street Second Addition”; and

            WHEREAS, Administration and the Developer have determined and agreed that the original agreement needed to be revised;

            NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure/Subdivision Agreement for Sixth Street Second Addition”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Mark W. Benjamin, President of Sixth Street Development and Platte Valley State Bank & Trust as Trustee and Beneficiary under Deed of Trust, be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            BE IT FURTHER RESOLVED that Resolution No. 2003-100 be and is hereby repealed in its entirety.

            PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

9.         Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and the Village at Kearney, L.P. for Lots 1, 2 and 3 of Block 2, Tony H Addition and approve Resolution No. 2003-165.

 

RESOLUTION NO. 2003-165

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement – Lots 1, 2 and 3, Block 2, Tony H. Addition – The Village at Kearney”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Melinda Golden, President of General Partner, be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

10.        Approve Application and Certificate for Payment No. 3 in the amount of $113,471.48 submitted by Blessing, LLC and approved by Miller & Associates in connection with the 2003 Part II Improvements consisting of Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive and approve Resolution No. 2003-166.

 

RESOLUTION NO. 2003-166

 

WHEREAS, Blessing, LLC has performed services in connection with the 2003 Part II Improvements consisting of Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630± feet west of Parklane Drive, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 3 in the amount of $113,471.48 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,042,501.30

 

 

Contract Sum To Date

1,042,501.30

Gross Amount Due

638,119.31

Retainage 10%

63,811.93

Amount Due to Date

574,307.38

Less Previous Certificates for Payment

    460,835.90

 

 

Current Payment Due

$113,471.48

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 3, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

11.        Approve Change Order No. 1 for an increase in the amount of $4,530.00, Application and Certificate for Payment No. 1 in the amount of $113,552.98 submitted by Blessing, LLC and approved by Miller & Associates in connection with the 2003 Part I Improvements consisting of Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to 30th Avenue and approve Resolution No. 2003-167.

 

RESOLUTION NO. 2003-167

 

WHEREAS, Blessing LLC has performed services in connection with the 2003 Part I Improvements consisting of Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to 30th Avenue, and the City’s engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $4,530.00 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Blessing LLC and the City’s engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $113,552.98 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$765,928.50

     Change Order No. 1 (09-23-2003)

+    4,530.00

Contract Sum to Date

 

Total Completed and Stored to Date

Retainage

Total Earned Less Retainage

Less Previous Payments

 

Current Payment Due

$770,458.50

 

$126,169.98

12,617.00

113,552.98

               .00

 

$ 113,552.98

 

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

            PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

12.        Approve Change Order No. 6 for an increase in the amount of $52,584.53, Application and Certificate for Payment No. 14-Final in the amount of $318,403.59 submitted by United Contractors, Inc. and approved by Miller & Associates in connection with the Avenue M Viaduct consisting of Paving Improvement District No. 2000-840 for the Avenue M/N Overpass from the north line of South Railroad Street and Avenue M intersection, north to the intersection of 27th Street and Avenue N and approve Resolution No. 2003-168.

 

RESOLUTION NO. 2003-168

 

WHEREAS, United Contractors, Inc. has performed services in connection with AVENUE M/N OVERPASS consisting of Paving Improvement District No. 2000-840 for the Avenue M/N Overpass from the north line of South Railroad Street and Avenue M intersection, north to the intersection of 27th Street and Avenue N, and the City’s engineer, Miller & Associates, have filed with the City Clerk Change Order No. 6 showing an increase in the amount of $52,584.53 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, United Contractors, Inc. and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 14 in the amount of $318,403.59 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$5,210,841.30

Change Order No. 1 (1-8-2002)

+     13,018.00

Change Order No. 2 (1-8-2002)

-     10,453.07

Change Order No. 3 (1-8-2002)

+       7,302.99

Change Order No. 4 (10-22-2002)

+     29,631.23

Change Order No. 5 (10-22-2002)

+     12,627.40

Change Order No. 6 (09-23-2003)

+     52,584.53

 

 

Contract Sum to Date

$ 5,315,552.42

Total Completed and Stored to Date

5,315,552.42

Less Retainage

.00

Amount Due to Date

5,315,552.42

Less Previous Certificates for Payment

  4,997,148.83

Current Payment Due

$    318,403.59

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 6, as shown on Exhibit “A”, and Application and Certificate for Payment No. 14, as shown on Exhibit “B”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

13.        Approve Change Order No. 3 for an increase in the amount of $424.72 and Change Order No. 4 for an increase in the amount of $1,676.63 submitted by BD Construction and approved by Miller & Associates in connection with the Utilities Department Vehicle Storage Facility and approve Resolution No. 2003-169.

 

RESOLUTION NO. 2003-169

 

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

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

            WHEREAS, on June 10, 2003 the City Council approved Change Order No. 1 in the amount of $2,610.59 for additional insulation in the ceiling due to thicker ceiling supports and for an increase in the size of water system piping; and

            WHEREAS, on July 22, 2003 the Council approved Change Order No. 2 in the amount of $29,335.43 to construct the break room, bathroom and office; and

            WHEREAS, the City's engineer, Miller & Associates, has filed with the City Clerk Change Order No. 3 showing an increase in the amount of $424.72 for additional work to relocate the water closet sanitary line to meet ADA standards and for adding three plastic laminate clad windowsills, as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

            WHEREAS, the City's engineer, Miller & Associates, has filed with the City Clerk Change Order No. 4 showing an increase in the amount of $1,676.63 for additional work to enclose the fire sprinkler check valve and alarm system in a closet type enclosure and for relocating two light switches to a location on an adjacent wall where they can be more readily accessible, as shown on Exhibit “B” attached hereto and made a part hereof by reference:

 

Original Contract Price

$168,490.00

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

Change Order No. 2 (07-22-2003)

   +    2,610.59

+  29,335.43

Change Order No. 3 (09-23-2003)

+       424.72

Change Order No. 4 (09-23-2003)

+    1,676.63

New Contract Price

$202,537.37

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order Nos. 3 and 4 as shown on Exhibits “A” and “B” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

14.        Approve Change Order No. 1 for a decrease in the amount of $6,000.00 submitted by Neumann Company Contractors, Inc. and approved by Miller & Associates in connection with the 1.5MG Elevated Water Storage Facility Paint Restoration Project and approve Resolution No. 2003-170.

 

RESOLUTION NO. 2003-170

 

            WHEREAS, Neumann Company Contractors, Inc. and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 showing a decrease in the amount of $6,000.00 to delete the word “Kearney” from being painted on the 1.5 million gallon water tower located at 39th Street and 30th Avenue, as shown on Exhibit “A” attached hereto and made a part hereof by reference;

 

Original Contract Price

$224,900.00

Change Order No. 1 (09-23-2003)

   -    6,000.00

New Contract Price

$218,900.00

 

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

            PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

15.        Approve Change Order No. 2 for a decrease in the amount of $2,816.30 submitted by Concrete Workers, Inc. and approved by Kirkham Michael Consulting Engineers for the Cemetery Street Paving – 2003 and approve Resolution No. 2003-171.

 

RESOLUTION NO. 2003-171

 

WHEREAS, Concrete Workers, Inc. will perform services in connection with the construction of the Kearney Cemetery Paving Project; and

WHEREAS, the City's engineer, Kirkham Michael Consulting Engineers, has filed with the City Clerk Change Order No. 2 showing a decrease in the amount of $2,816.30, as shown on Exhibit “A”, attached hereto and made a part hereof by reference as follows:

 

Original Contract Sum

$168,056.25

     Change Order No. 1 (06-24-2003)

- 51,599.85

     Change Order No. 2 (09-23-2003)

-   2,816.30

 

 

Contract Sum To Date

$113,640.10

            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. 2 as shown on Exhibit “A” be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                         AND EX-OFFICIO MAYOR

CITY CLERK

 

16.        Approve the application for a Special Designated License submitted by Kearney Dawn Rotary Club to dispense beer, wine and distilled spirits at the Museum of Nebraska Art on October 11, 2003 from 4:00 p.m. until 11:30 p.m. in connection with the Cranes on Parade Auction fund raising event.

 

17.        Approve Change Order No. 3 for a decrease in the amount of $27,908.45, Application and Certificate for Payment No. 7-Final in the amount of $25,120.31, and the Certificate of Substantial Completion submitted by Midlands Contracting, Inc. and approved by Miller & Associates in connection with the 2002 Water System Improvements consisting of Water Connection District No. 2002-1 in Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence east to Airport Road, thence north to 39th Street; Water Connection District No. 2002-2 in Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a distance of 1,890 feet; Water Connection District No. 2002-3 in 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition, north a distance of 1,371 feet; Avenue F from 27th Street to 28th Street; 28th Street from Avenue E to Avenue F and approve Resolution No. 2003-172.

 

RESOLUTION NO. 2003-172

 

WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2002 Water System Improvements consisting of Water Connection District No. 2002-1 in Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence east to Airport Road, thence north to 39th Street; Water Connection District No. 2002-2 in Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a distance of 1,890 feet; Water Connection District No. 2002-3 in 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition, north a distance of 1,371 feet; Avenue F from 27th Street to 28th Street; 28th Street from Avenue E to Avenue F, and the City’s engineer, Miller & Associates, have filed with the City Clerk Change Order No. 3 showing a decrease in the amount of $27,908.45 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Midlands Contracting, Inc. and the City’s engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 7-Final in the amount of $25,120.31 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,129,012.50

Change Order No. 1 (10-22-2002)

Change Order No. 2 (03-11-2003)

Change Order No. 3 (09-23-2003)

+     62,330.00

+     20,770.00

-     27,908.45

Contract Sum to Date

 

Total Completed and Stored to Date

Retainage

Total Earned Less Retainage

Less Previous Payments

Current Payment Due

$1,184,204.05

 

$1,184,204.05

.00

1,184,204.05

  1,159,083.74

$     25,120.31

 

            WHEREAS, the Engineer and Contractor have now certified to the City Clerk that work is completed as of June 30, 2003, as shown by Exhibit “C” attached hereto and made a part hereof by reference.

            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. 3, as shown on Exhibit “A”, Application and Certificate for Payment No. 7-Final, as shown on Exhibit “B”, and the Certificate of Substantial Completion, as shown on Exhibit “C” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

18.        Approve the request submitted by the Kearney Volunteer Fire Department to display a banner across Central Avenue and 23rd Street from September 28, 2003 until October 5, 2003 for their annual pancake feed.

 

19.        Approve the request from the Kearney Police Department to block off Avenue B from Railroad Street to 21st Street on October 11, 2003 beginning at 7:00 a.m. through 1:00 p.m. for the annual vehicle auction.

 

20.        Approve the closing of the alley adjacent to City Hall lying between Central Avenue and Avenue A and 22nd Street and 23rd Street for construction work on the City Hall Building.

 

21.        Approve the recommendation from the Mayor on the reappointment of Stan Dart and Larry Cihal to serve on the Planning Commission.

 

22.        Approve the Application for a Special Designated License submitted by the Kearney Community Theatre in connection with their Class I12229 Liquor License to dispense beer, wine and distilled spirits in the lobby area of the Geneva State Bank, 3702 2nd Avenue on October 20, 21, and 22, 2003 from 5:00 p.m. until 7:30 p.m. in conjunction with the Bank’s Open House subject to the City receiving the required Certificate of Insurance for liquor liability.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

BOSSELMAN LEASE

 

Moved by Hadley seconded by Buschkoetter to remove from the table 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 to consider Resolution No. 2003-102. Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

Mayor Blankenship stated this matter was discussed at the Airport meeting previously held before this meeting.

 

Moved by Buschkoetter seconded by Blankenship to ratify the action taken by the Kearney Municipal Airport Corporation on approving 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.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2003-102

 

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 Commercial Property Lease Agreement, on behalf of the City of Kearney, with Bosselman Energy, a copy of the Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 23RD DAY OF SEPTEMBER, 2003.

 

ATTEST:                                                           PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

CITY CLERK

 

ORDINANCE NO. 6980 – REZONING NORTH OF 60TH STREET ADJACENT TO 2ND AVENUE TO THE EAST

 

Moved by Blankenship seconded by Kearney to remove from the table Ordinance No. 6980 to rezone from “District A, Agricultural District” to “District MU, Mixed Use District” property described as a tract of land located in the Northwest Quarter and the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 24.485 acres, more or less, Buffalo County, Nebraska (north of 60th Street adjacent to 2nd Avenue to the east). Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

Council Member Kearney introduced Ordinance No. 6980, being Subsection 2 of Agenda Item VI to rezone from “District A, Agricultural District” to “District MU, Mixed Use 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), 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, Hadley, Clouse, Kearney.  Nay: None.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 6980 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Clouse seconded by Hadley that Ordinance No. 6980 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6980 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.

 

KEARNEY HOUSING AGENCY ANNUAL REPORT

 

Mayor Blankenship opened for discussion the Kearney Housing Agency Annual Report submitted by Elaine Wiseman, Executive Director.

 

Elaine Wiseman 4003 Linden Drive, Executive Director of the Kearney Housing Agency, presented this matter to the Council. She stated this is the annual report from April 2002 to March to 2003.  KHA, along with other agencies, are still waiting for their capital funds.  Normally, the capital funds are received in May and June, and to date they have not received their money.  Budget cuts, additional HUD regulations, along with the new privacy act requirement are creating some difficulties for housing authorities.  Their capital funds have decreased 24 percent since 1999 and their operating subsidies have decreased 26 percent since 2002.  The community service requirement has been re-enacted and the new privacy regulations hamper the third party verification that are vital to their applicant admission and continued tenant occupancy. 

 

Their five-year goals that they set in 2000 have pretty much been completed and they are way ahead of schedule.  Their congregate meal program has exceeded all of their expectations.  They have great tenant participation overall enhancing their seniors’ quality of life.  They have good nutrition, socialization, and this enables them to live longer independently.  Their activities have continued on a reduced level in spite of the reduced funding. 

 

Their Housing Choice Voucher Program utilization ended at a 99.5 at the end of their fiscal year.  The Agency paid local landlords in Kearney $344,000 on the private market.  Their Housing Choice Voucher Program also received a C-map rating of 98 percent.  They also received a FSS score of 97 percent.  Their pilot has been paid to the County in the amount of $20,697.48.  They have submitted applications for the FSS Coordinator Grant and also an application for 30 vouches that are going to target a special population, persons with disabilities.  They desperately need the additional vouchers.  They had 103 vouchers and at the end of the year they had leased or issued 110.  At present, they are at a status quo and are just holding because they are waiting for their numbers to go down.  At the end of the year, they had a total of 1,236 vouchers that had been issued on the annual basis. HUD will “slap their hands” if they are over issued or over-leased.  She hopes that they will hear in the next couple of weeks if they were successful in the application for the additional 30. 

 

The Board of Commissioners is in the process of assessing the future role of KHA, determining what they should be doing, where they are going, and how to continue to provide this high level of service with reduced funding.  As Kearney grows, there will always be a need for housing of seniors, persons with disabilities, and many times families that have limited resources. 

 

Moved by Hadley seconded by Buschkoetter to accept the Kearney Housing Agency Annual Report as presented by Elaine Wiseman, Executive Director.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

ORDINANCE NO. 6992 – CREATE PAVING DISTRICT NO. 2003-877

 

The next seven items pertain to the same area for improvement.  Ron Grapes on behalf of Sun Development requested improvements to 17th Avenue, 14th Street and 15th Street Place. The Council has the power to create districts and make improvements and assess the costs to the property which is benefited by the improvements. In accordance with Section 57-102 of the Kearney City Code, the developer will be required to deposit with the City fifty percent of the total estimated cost of the improvements. The remaining costs of the project will be assessed to the property within the district.

 

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

 

Council Member Buschkoetter introduced Ordinance No. 6992, being Subsection 4 of Agenda Item VI to create Paving Improvement District No. 2003-877 for 17th Avenue from 14th Street, north a distance of 137± feet north of 15th Street 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, Kearney, Buschkoetter, Hadley, Clouse.  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. 6992 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 6992 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6992 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. 6993 – CREATE PAVING DISTRICT NO. 2003-878

 

Council Member Buschkoetter introduced Ordinance No. 6993, being Subsection 5 of Agenda Item VI to create Paving Improvement District No. 2003-878 for 14th Street from 17th Avenue, east a distance of 115± feet east of 17th Avenue, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Blankenship seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  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. 6993 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 6993 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6993 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. 6994 – CREATE PAVING DISTRICT NO. 2003-879

 

Council Member Buschkoetter introduced Ordinance No. 6994, being Subsection 6 of Agenda Item VI to create Paving Improvement District No. 2003-879 for 15th Street Place from 17th Avenue, west to its terminus in a cul-de-sac, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Blankenship seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  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. 6994 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 6994 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6994 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. 6995 – CREATE WATER DISTRICT NO. 2003-527

 

Council Member Buschkoetter introduced Ordinance No. 6995, being Subsection 7 of Agenda Item VI to create Water District No. 2003-527 for 17th Avenue from 14th Street, north a distance of 137± feet north of 15th Street Place AND 14th Street from 17th Avenue, east a distance of 115± feet east of 17th Avenue, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Blankenship seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  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. 6995 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 6995 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6995 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. 6996 – CREATE WATER DISTRICT NO. 2003-528

 

Council Member Buschkoetter introduced Ordinance No. 6996, being Subsection 8 of Agenda Item VI to create Water District No. 2003-528 for 15th Street Place from 17th Avenue, west to its terminus in a cul-de-sac, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Blankenship seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  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. 6996 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 6996 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6996 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. 6997 – CREATE SEWER DISTRICT NO. 2003-469

 

Council Member Buschkoetter introduced Ordinance No. 6997, being Subsection 9 of Agenda Item VI to create Sewer District No. 2003-469 for 17th Avenue from 14th Street, north a distance of 137± feet north of 15th Street 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, Kearney, Buschkoetter, Hadley, Clouse.  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. 6997 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 6997 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6997 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. 6998 – CREATE SEWER DISTRICT NO. 2003-470

 

Council Member Buschkoetter introduced Ordinance No. 6998, being Subsection 10 of Agenda Item VI to create Sewer District No. 2003-470 for 15th Street Place from 17th Avenue, west to its terminus in a cul-de-sac, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Blankenship seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  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. 6998 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 6998 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 6998 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.

 

OPEN ACCOUNT CLAIMS         DON KEARNEY -- $21.57

                                                      NPPD -- $138,199.46

 

Moved by Hadley seconded by Buschkoetter that Open Account Claims in the amount of $21.57 payable to Don Kearney and $138,199.46 payable to NPPD be allowed.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter.  Nay: None.  Clouse and Kearney abstained.  Motion carried.

 

VII.    REPORTS

 

CITY CODE AVAILABLE ON INTERNET

 

City Clerk reported that the Kearney City Code is now available to the public on the City’s webpage.

 

VIII.    ADJOURN

 

Moved by Kearney seconded by Clouse that Council adjourn at 10:29 p.m.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

 

ATTEST:                                                                       BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK