Kearney, Nebraska
January 13, 2004
7:30 p.m.
A meeting
of the City Council of Kearney, Nebraska, was convened in open and public session
at 7:30 p.m. on January 13, 2004, in the Council Chambers at City Hall. Present were:
Bruce Blankenship, President of the Council; Michaelle Trembly, City Clerk;
Council Members Randy Buschkoetter, Galen Hadley, Don Kearney, and Stan Clouse.
Absent: None. G. Allen Johnson, City Manager; Michael Kelley, City
Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of
Finance and Administration; Kirk Stocker, Director of Utilities; and Rod
Wiederspan, Director of Public Works were also present. Some of the citizens
present in the audience included: Roy Meusch, Gerard Straka, Lee Olson, Ron
Ross, Tom McCarty, Richard Stacy, Ron Rodgway, Jack Parker, Marvon Reichert,
Lois Reichert, Craig Bennett, Reed Miller, Carol Letcher, Myron Letcher, Tim
Norwood, Cole Spresser, Matt Thomas, Mike Konz from Kearney Hub, and Mike
Cahill from KKPR Radio.
Notice of the meeting was given in advance thereof by
publication in the Kearney Hub, the designated method for giving notice, a copy
of the proof of publication being attached to these minutes. Advance
notice of the meeting was also given to the City Council and a copy of their
acknowledgment or receipt of such notice is attached to these minutes.
Availability of the Agenda was communicated in the advance notice and in the
notice to the Mayor and City Council. All proceedings hereafter shown
were taken while the meeting was open to the attendance of the public.
I. ROUTINE BUSINESS
INVOCATION
The Council held a moment of silence.
PLEDGE OF
ALLEGIANCE
The Council members led the audience in the Pledge of
Allegiance.
ORAL
COMMUNICATIONS
There was no Oral Communications.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
REZONING – 1111
AND 1129 CENTRAL AVENUE
Mayor Blankenship opened the public hearing on the
Application submitted by Reed Miller (Applicant) and Reed Miller and Gary Cole
and Beth Cole (Owner) to rezone from “District M-1, Limited Industrial
District” to “District CBD, Kearney Center Mixed Use District” property
described as Lots 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 of Block
6, together with the vacated south half of 12th Street abutting Lot 19, Block
6, all in Roes Subdivision to the City of Kearney, Buffalo County, Nebraska
(1111 and 1129 Central Avenue). Planning Commission recommended denial
recognizing that the site development plan as presented for the addition to the
office building deviates from the UDO requirement for 10-foot of landscaping on
site but since Central Avenue is 100-foot wide some landscaping will be
provided, street trees will be planted and acknowledges the fact that the
existing development pattern has been set by the development standards allowed
under the previous adopted code.
The applicant is requesting rezoning of a tract of land
located on the east side of Central Avenue, north of 11th Street from District M-1 to District
CBD. The owner would like to add an addition to an existing commercial
building at this location. There is not enough room to provide the
required off-street parking and landscaping in accordance with the Unified Land
Development Ordinance (UDO).
There are two existing buildings at this location; an office
building that houses Miller & Associates and Highland Financial Group, and
a storage building to the north of the office building. The owner would
like to add a 4,400-square foot addition on to the north end of the office
building. The addition will require off-street parking and a ten-foot
landscape buffer strip to comply with UDO. The requested CBD zoning is
intended for “downtown” Kearney and consequently does not require
landscaping or off-street parking. Apparently, the owner is seeking CBD
zoning to solve the parking and landscaping issue.
Unfortunately, the limits of the CBD zone on the Official
Zoning Map end three blocks north of this location. In addition, the Land
Use Map of the City of Kearney
Comprehensive Development Plan shows the proposed land use in this area as “Kearney
Gateway Mixed Use,” and not as “Central Business District.” Rezoning of
this parcel as requested may constitute “spot” zoning.
Planning Staff believes that continuation of the landscaping
theme that exists would be a better alternative. Although the 10-foot
strip of landscaping on private property cannot be achieved, the wider than
normal right-of-way along Central Avenue
provides sufficient room for grass and tree plantings. In this manner,
the landscaping can be installed and it will not conflict with the required
parking spaces for the addition. Staff suggests that continuation of the
parking lot and landscaping as per the existing building is a better
solution. As a “trade-off” for allowing this deviation, staff recommends
deciduous street trees shall be planted along the Central Avenue street frontage at the rate of one
tree every 40 feet. Said trees shall be canopy trees, not ornamentals,
2-inch caliper.
The Planning Commission recommended that the rezoning
request from M-1 to CBD be denied, recognizing that the site development plans
as presented for the addition to the office building deviate from the
landscaping requirements in the Unified Land Development Ordinance, but since
Central Avenue has 100 feet of right-of-way, adequate landscaping will be
provided between the parking lot and the street, additional deciduous street
trees will be planted, with recognition and acknowledgment that the existing
development pattern has been previously established under the previously
adopted code.
Richard Stacy from Miller & Associates presented this
matter to the Council. He stated the reason for the request for rezoning was to
expand the present building on this site. This was the only way to get to
a public hearing to resolve the issue. Mr. Stacy stated they have worked
closely with City staff that has been helpful in coming to a conclusion that is
satisfactory to all parties involved. Mr. Stacy stated that they no
longer are pressing for a rezoning. The conditions supplemental to the
rezoning will achieve the goal that they wanted and is also what the City
wants.
Mayor Blankenship clarified that later in the agenda the
Council could approve a resolution that would allow them to expand the building
and not change the zoning. The landscaping would then be consistent with
the current building code. Mr. Stacy stated they were in favor of doing
it that way.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Clouse to close the hearing and
deny the Application submitted by Reed Miller (Applicant) and Reed Miller and
Gary Cole and Beth Cole (Owner) to rezone from “District M-1, Limited
Industrial District” to “District CBD, Kearney Center Mixed Use District”
property described as Lots 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19
of Block 6, together with the vacated south half of 12th Street abutting Lot
19, Block 6, all in Roes Subdivision to the City of Kearney, Buffalo County,
Nebraska (1111 and 1129 Central Avenue). Roll call resulted as follows: Aye:
Blankenship, Hadley, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
DEVELOPMENT PLAN APPROVAL FOR MENARDS; 1ST AVENUE AND 65TH STREET
Mayor
Blankenship opened the public hearing on the Application submitted by Ron E.
Ross (Applicant) and LeRoy Corrigan Trust, Roberta Corrigan Farm, A Limited
Partnership (Owner) for Planned District Development Plan Approval for the
construction of Menards Home Improvement Center on property zoned “District
MU/PD, Mixed Use/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., Buffalo County, Nebraska,
containing 15.583 acres, more or less, and to be known as Lot 1 of Block 3,
Ingalls Crossing Third Addition (1st Avenue and 65th Street) and to consider
Resolution No. 2004-1. Planning Commission recommended approval.
The
Applicant is requesting approval for Development Plans for Menards home
improvement center located at the north end of Ingall’s Crossing. The
property is zoned MU, Mixed Use District and the lot size is 15.584
acres. You will recall that this development was before the Planning
Commission in July 2003 and Development Plans were approved by City Council in
September 2003. After the plans were approved, Menards representatives
decided to make some changes to the facility based on their analysis of other
stores that were in operation.
The
new plan proposes an additional 25,940 square foot warehouse that is similar to
the 26,430 square foot warehouse that was shown on the approved plans.
The warehouse that was shown on the approved plans has been shifted 50 feet
south to make room for the second warehouse. 16,884 square feet of
unheated storage area has been removed from the southeast corner of the main
building. All of these changes are proposed within the yard area enclosed
by the 14-foot tall structural wall. The size of the enclosed yard has
not been altered.
The
exterior walls of the two warehouse buildings that run parallel to the 14-foot
wall become part of that wall system. In other words, where the
warehouses sit, the wall stops and the outside wall of the warehouse provide
continuation of the exterior enclosure. The walls of the warehouses are
24 feet tall, 10 feet taller than the 14-foot enclosure wall. Height to
the roof peak of the warehouse buildings is 29 feet.
Four-foot
wide brick pilasters are located every 100 lineal feet around the exterior wall.
A small turret is located on top of each pilaster so that the total height of
the pilaster is sixteen feet, two feet taller than the wall.
A
system of no build-open space easements on the east and south sides of the
project and a portion of the stormwater cell are reserved for landscaped open
space for the Menards project. These open space easements provide twenty
feet of separation between the warehouse buildings and the buildable area of
adjacent lots, functioning as setbacks even though the easements are not truly
setbacks since they are located on adjacent property. The label
“Rear-Yard Setback” on the south side of the enclosure is incorrect. It
should be labeled “No Build-Open Space Easement.”
One
concern with the proposed warehouse is the availability of parking. You
will recall, at the last meeting the developers agreed to prepare a plan
showing parking spaces within the enclosed yard to demonstrate their
availability. The parking spaces are not to be striped, merely shown on
the plan for feasibility. That way if there is a change in use the
off-street parking is available in the amount specified by the UDO. The
plan was prepared, submitted and then approved by the City Council. The
second warehouse impacted the parking spaces so staff requested a revised
drawing to insure the parking will still be adequate. The revised plan
shows the parking spaces in a different area of the enclosed yard. Again,
these spaces will not be striped for Menards use, but will be available if they
are ever needed.
The
square footage of the buildings has changed. Only the portion referred to
as “retail floor area” has remained unchanged. However, the change in
square footage is minimal and well within the five percent threshold specified
by Code. It appears the square footage of the building has increased by
235 square feet.
Some revisions have been made to the drainage plans partly
to satisfy Mr. Miller’s concerns at North Gate Auto Lot and partly at the
suggestion of the City Engineer.
Ron Ross from Ross Engineering presented this matter to the
Council. He stated that Planning Commission approved the revised development
plan unanimously in December. Menards and the developer had approval of a final
plat and development plan for the first part of the second phase of Ingalls
Crossing in July and came back before the Council in September. Menards
Corporate Division has made a corporate change in the layout of the Menards
facilities in lieu of building it the way they have built their new stores
throughout the country. In lieu of ripping up paving and redoing storm sewers
and grading after the project has been built, they decided to go back to
Planning Commission and simply add a second warehouse facility. They have
added an additional warehouse facility north of the original warehouse that is
approximately 26,000 square feet. There was an area with a covered canopy
that housed products within the unheated area (approximately 16,000 square
feet), which has been deleted. The building increased by approximately 235
square feet. For the most part, it is the same project, the same
footprint, and the same area. The additional warehouse is a combined
customer pick up area and sales staff area within one drive-in warehouse
facility. This will add two additional dock doors where vehicles can pull
up. This change will be for the Kearney project and to his knowledge the first plan that they have made changes
to in this region for new stores. Otherwise the project is the same as
previously presented.
Mayor Blankenship asked if the back wall of the warehouse
would essentially be the fence? Mr. Ross stated that is correct. In
addition, he stated that the brick pilasters will still be every 100 feet to
meet the City’s criteria to break up the continuous plain wall with an
architectural element and the turrets will be on three of the corners.
The structural wall on the south, east, and a portion of the north is 14 feet,
which is five feet away from the property line. There will be five feet
of landscaping that they will irrigate and maintain. The two warehouse
structures are ten feet, which will also be maintained by Menards in addition
to a landscape strip to the south right-of-way line of 65th Street. The 10-foot easement is
planted in shrubs and trees and Menards will maintain that strip on an easement
into private property. Mr. Ross stated that he spoke with Mr. Miller, who
is in agreement with the revised plan. They will work on some details
before submitting the full construction drawings to the City. There will
be two additional curb inlets, which will pick up drainage from property on the
west side of 1st Avenue, which belongs to Mr. Miller.
Council member Clouse asked if the parking space design has been
resolved. Mr. Ross stated there is actually one more space than what the
City Code requires. There is also a parking stripe plan showing how if it
were striped, they could house the necessary vehicles in the back area.
Due to the manner in which customer pick up occurs and products are in that
area, it is not conducive for them to stripe it which has been the general
consensus. With the additional warehouse even though they took out some
covered space, they still needed a few extra stalls. City staff has reviewed
and is in agreement with this revised plan.
There was no one present in opposition to this hearing.
Moved by Clouse seconded by Hadley to close the hearing and
approve the Application submitted by Ron E. Ross (Applicant) and LeRoy Corrigan
Trust, Roberta Corrigan Farm, A Limited Partnership (Owner) for Planned
District Development Plan Approval for the construction of Menards Home
Improvement Center on property zoned “District MU/PD, Mixed Use/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., Buffalo County, Nebraska, containing 15.583
acres, more or less, and to be known as Lot 1 of Block 3, Ingalls Crossing
Third Addition (1st Avenue and 65th Street) and approve Resolution No. 2004-1.
Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None.
Motion carried.
RESOLUTION
NO. 2004-1
WHEREAS, Ron E. Ross (Applicant) and LeRoy Corrigan Trust, Roberta Corrigan
Farm, A Limited Partnership (Owner) has applied for Development Plan Approval
for the construction of Menards Home Improvement Center on property zoned
“District MU/PD, Mixed Use/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., 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 and on the south right-of-way line of 60th Street a distance
of 481.84 feet to a point on the east right-of-way line of 1st Avenue; thence
N00°17’14”E and on the east right-of-way line of said 1st Avenue a distance of
190.0 feet to a point, being the point of curvature; thence on a curve to the
left and on the east right-of-way line of said 1st Avenue, 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 and on the east right-of-way
line of said 1st Avenue a distance of 110.64 feet to a point, being the point
of curvature; thence on a curve to the right and on the east right-of-way line
of said 1st Avenue, 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 and on the east right-of-way line of said 1st Avenue a distance of
29.88 feet to a set 5/8” rebar, being the southwest corner of Lot 1 of Block 3,
Ingalls Crossing Third Addition to the City of Kearney, 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 and the point of
beginning; thence continuing on the last described course N00°15’38”E and on
the west line of Lot 1 of Block 3, Ingalls Crossing Third Addition or the east
right-of-way line of said 1st Avenue a distance of 774.04 feet to a set 5/8”
rebar; thence N45°15’38”E and on the northwest line of Lot 1 of Block 3,
Ingalls Crossing Third Addition or the southeast right-of-way line of said 1st
Avenue a distance of 15.62 feet to a set 5/8” rebar; being a point on the south
right-of-way line of 65th Street; thence S89°52’13”E and on the north line of
Lot 1 of Block 3, Ingalls Crossing Third Addition or the south right-of-way
line of said 65th Street a distance of 852.59 feet to a set 5/8” rebar” being
the northeast corner of Lot 1 of Block 3, Ingalls Crossing Third Addition;
thence N00°15’38”W and on the east line of Lot 1 of Block 3, Ingalls Crossing
Third Addition a distance of 787.03 feet to a set 5/8” rebar, being the
southeast corner of Lot 1 of Block 3, Ingalls Crossing Third Addition; thence
N89°44’22”W and on the south line of Lot 1 of Block 3, Ingalls Crossing Third
Addition a distance of 863.63 feet to the point of beginning and containing a
calculated area of 678,792.90 square feet or 15.583 acres, more of less,
Buffalo County, Nebraska (1st 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 E. Ross (Applicant) and LeRoy
Corrigan Trust, Roberta Corrigan Farm, A Limited Partnership (Owner) for
Development Plan Approval for the construction of Menards Home Improvement
Center on property zoned “District MU/PD, Mixed Use/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., 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 and on the south right-of-way line
of 60th Street a distance of 481.84 feet to a point on the east right-of-way
line of 1st Avenue; thence N00°17’14”E and on the east right-of-way line of
said 1st Avenue a distance of 190.0 feet to a point, being the point of curvature;
thence on a curve to the left and on the east right-of-way line of said 1st
Avenue, 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 and on
the east right-of-way line of said 1st Avenue a distance of 110.64 feet to a
point, being the point of curvature; thence on a curve to the right and on the
east right-of-way line of said 1st Avenue, 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 and on the east right-of-way line of said 1st
Avenue a distance of 29.88 feet to a set 5/8” rebar, being the southwest corner
of Lot 1 of Block 3, Ingalls Crossing Third Addition to the City of Kearney,
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 and
the point of beginning; thence continuing on the last described course
N00°15’38”E and on the west line of Lot 1 of Block 3, Ingalls Crossing Third
Addition or the east right-of-way line of said 1st Avenue a distance of 774.04
feet to a set 5/8” rebar; thence N45°15’38”E and on the northwest line of Lot 1
of Block 3, Ingalls Crossing Third Addition or the southeast right-of-way line
of said 1st Avenue a distance of 15.62 feet to a set 5/8” rebar; being a point
on the south right-of-way line of 65th Street; thence S89°52’13”E and on the
north line of Lot 1 of Block 3, Ingalls Crossing Third Addition or the south
right-of-way line of said 65th Street a distance of 852.59 feet to a set 5/8” rebar”
being the northeast corner of Lot 1 of Block 3, Ingalls Crossing Third
Addition; thence N00°15’38”W and on the east line of Lot 1 of Block 3, Ingalls
Crossing Third Addition a distance of 787.03 feet to a set 5/8” rebar, being
the southeast corner of Lot 1 of Block 3, Ingalls Crossing Third Addition;
thence N89°44’22”W and on the south line of Lot 1 of Block 3, Ingalls Crossing
Third Addition a distance of 863.63 feet to the point of beginning and
containing a calculated area of 678,792.90 square feet or 15.583 acres, more of
less, Buffalo County, Nebraska (1st Avenue and 65th Street) be approved.
PASSED AND APPROVED THE 13TH DAY OF
JANUARY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
REZONING NORTH OF 39TH STREET BETWEEN 7TH AVENUE AND
11TH AVENUE
Mayor Blankenship opened the public hearing on the
Application submitted by Janet L. Yost, Trustee and Milton R. Yost, Trustee
(Applicant and Owner) to rezone from “District AG, Agricultural District” to
“District R-1, Urban Residential Single Family District (Low Density)” property
described as a tract of land located in the East Half of the Southeast Quarter
of the Southwest Quarter of Section 26, Township 9 North, Range 16 West of the
6th P.M., containing 20.0 acres, more or less, Buffalo County, Nebraska (north
of 39th Street between 7th Avenue and 11th Avenue). Planning Commission
recommended approval.
Public Hearings 3, 4 and 5 were discussed together but voted
on separately.
The applicant is requesting approval of a residential
subdivision located north of 39th Street
between 7th Avenue and 11th Avenue. The property contains a farmhouse with the remainder
as pasture. The Evangelical Free Church abuts the property to the east
and Brandt’s Subdivision abuts to the west. This land is currently zoned
Agricultural and consists of 20.00 acres.
There
were some neighbors that opposed development of this property at the Planning
Commission hearing. Among their concerns were increased traffic,
especially given the single access point at this time, grading and
drainage. Planning staff and the Planning Commission responded to the
neighbor’s questions, although it is uncertain whether they are still opposed
to the development of this parcel.
Rezoning
The
applicant is requesting rezoning from District A, Agriculture to District R-1,
Urban Residential Single-Family District. Low-density residential housing
is appropriate for this site and in conformance with the Land Use Plan of the
Kearney Comprehensive Development Plan.
Subdivision
Plats
The
Preliminary Plat and Final Plat consist of a 47-lot subdivision containing
20.00 acres. The Preliminary Plat was approved by the Planning Commission
on December 19, 2003. This is a straight-forward
proposal to subdivide the existing farmhouse onto one lot and subdivide the
remainder into lots, blocks and streets. No access is provided to 39th Street because of safety considerations
due to sight distance limitations on the hill. The only access into this
parcel at this time is from the west on 11th Avenue. 11th Avenue
will continue north as will two proposed streets in this subdivision offering
improved access and circulation in the future. A Public Works Plan has
been provided. It appears that a temporary grading easement will be
required on the property to the north. The City Engineer requests an
outfall from the detention cell so the water can be piped to 11th Avenue. Associated easements will be
required.
Annexation
The
proposed subdivision is located adjacent to the city limits and all municipal
services are available. Therefore, if the platting is approved, the
property should be annexed into the corporate boundary of the City of Kearney.
Ron Ridgway from Miller & Associates presented this
matter to the Council. He stated they would try to use the dirt that is on site
for the dirt that needs to be moved around to comply with the City Code’s
grading requirements for streets.
Mayor Blankenship questioned if only one detention cell as
shown on the plan is adequate for this subdivision. Director of Public
Works stated that all the water flows to the north and will collect in that
north detention cell, which is sized to handle this subdivision. With
future development to the north, there will be additional detentions cell
built.
Council member Hadley questioned if there is only one exit
from this, which will go down to 11th Avenue. Director of Public Works stated that with the hill
on 39th Street, there is not a good location to
access 39th Street from this site. In the past,
any access that came from the east was developed for the Church site. Now
the only location for access is Century Road. With the subdivision, there
are two accesses to the north that will tie into 46th Street, which is the next street north of the YMCA. At this time, the access that is
feasible for this property is Century Road. The property north of this
site is for sale by a different owner, so that access will be up to their
developer at the time it is sold.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Buschkoetter to close the
hearing and approve the Application submitted by Janet L. Yost, Trustee and
Milton R. Yost, Trustee (Applicant and Owner) to rezone from “District AG,
Agricultural District” to “District R-1, Urban Residential Single Family
District (Low Density)” property described as a tract of land located in the
East Half of the Southeast Quarter of the Southwest Quarter of Section 26,
Township 9 North, Range 16 West of the 6th P.M., containing 20.0 acres, more or
less, Buffalo County, Nebraska (north of 39th Street between 7th Avenue and 11th
Avenue). Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay:
None. Motion carried.
HONEY HILLS ESTATES ADDITION – INCLUDE WITHIN CITY LIMITS
Mayor Blankenship opened the public hearing on the
Application submitted by Ron Ridgway (Applicant) for Janet L. Yost, Trustee and
Milton R. Yost, Trustee (Owner) for the inclusion of “HONEY HILL ESTATES
ADDITION” within the corporate boundaries of the City of Kearney said property
described as a tract of land located in the East Half of the Southeast Quarter
of the Southwest Quarter of Section 26, Township 9 North, Range 16 West of the
6th P.M., containing 20.0 acres, more or less, Buffalo County, Nebraska (north
of 39th Street between 7th Avenue and 11th Avenue) and to consider Resolution
No. 2004-2. Planning Commission recommended approval.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Blankenship to close the
hearing and approve the Application submitted by Ron Ridgway (Applicant) for
Janet L. Yost, Trustee and Milton R. Yost, Trustee (Owner) for the inclusion of
“HONEY HILL ESTATES ADDITION” within the corporate boundaries of the City of
Kearney said property described as a tract of land located in the East Half of
the Southeast Quarter of the Southwest Quarter of Section 26, Township 9 North,
Range 16 West of the 6th P.M., containing 20.0 acres, more or less, Buffalo
County, Nebraska (north of 39th Street between 7th Avenue and 11th Avenue) and
approve Resolution No. 2004-2. Roll call resulted as follows: Aye: Blankenship,
Buschkoetter, Hadley, Clouse, Kearney. Nay:
None. Motion carried.
RESOLUTION
NO. 2004-2
WHEREAS, an Application has been submitted by Ron Ridgway (Applicant) for Janet
L. Yost, Trustee and Milton R. Yost, Trustee (Owner) for the inclusion of
“HONEY HILL ESTATES ADDITION” within the corporate boundaries of the City of
Kearney said property described as a tract of land being located in the East
Half of the Southeast Quarter of the Southwest Quarter of Section 26, Township
9 North, Range 16 West of the 6th P.M., containing 20.0 acres, more or less,
Buffalo County, Nebraska (north of 39th Street between 7th Avenue and 11th
Avenue); and
WHEREAS, the Kearney City Planning
Commission has received and held a public hearing on December 19, 2003 on the
inclusion of “HONEY HILL ESTATES 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 “HONEY HILL ESTATES 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 January
13, 2004 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 “HONEY HILL ESTATES 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 “HONEY HILL ESTATES 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 13TH DAY OF JANUARY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
FINAL PLAT – HONEY HILL ESTATES ADDITION
Mayor Blankenship opened the public hearing on the
Application submitted by Ron Ridgway (Applicant) for Janet L. Yost, Trustee and
Milton R. Yost, Trustee (Owner) for final plat approval of “HONEY HILL ESTATES
ADDITION” to the City of Kearney, Buffalo County, Nebraska said property
described as a tract of land located in the East Half of the Southeast Quarter
of the Southwest Quarter of Section 26, Township 9 North, Range 16 West of the
6th P.M., containing 20.0 acres, more or less, Buffalo County, Nebraska (north
of 39th Street between 7th Avenue and 11th Avenue) and to consider Resolution
No. 2004-3. Planning Commission recommended approval.
There was no one present in opposition to this hearing.
Moved by Blankenship seconded by Kearney to close the hearing
and approve the Application submitted by Ron Ridgway (Applicant) for Janet L.
Yost, Trustee and Milton R. Yost, Trustee (Owner) for final plat approval of
“HONEY HILL ESTATES ADDITION” to the City of Kearney, Buffalo County, Nebraska
said property described as a tract of land located in the East Half of the
Southeast Quarter of the Southwest Quarter of Section 26, Township 9 North,
Range 16 West of the 6th P.M., containing 20.0 acres, more or less, Buffalo
County, Nebraska (north of 39th Street between 7th Avenue and 11th Avenue) and
approve Resolution No. 2004-3. Roll call resulted as follows: Aye:
Blankenship, Hadley, Clouse, Kearney, Buschkoetter.
Nay: None. Motion carried.
RESOLUTION
NO. 2004-3
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “HONEY HILL ESTATES ADDITION”, an addition to the City of
Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified,
and the same hereby is approved and in accordance with the provisions and
requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and
ordered filed and recorded in the Office of the Register of Deeds of Buffalo
County, Nebraska; said addition is hereby included within the corporate limits
of said City and shall be and become a part of said City for all purposes
whatsoever, and the inhabits of such addition shall be entitled to all the
rights and privileges and shall be subject to all laws, ordinances, rules and
regulations of said City.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the final plat on behalf of the City of
Kearney, Nebraska.
PASSED AND APPROVED THIS 13TH DAY OF january,
2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
LAND USE MAP AMENDMENT – NORTH OF 63RD STREET BETWEEN AVENUE K AND AVENUE N
Mayor Blankenship opened the public hearing on the proposed
amendment to the Land Use Map of the City of Kearney Comprehensive Development
Plan from “Agricultural” to “Rural Residential” property described as a tract
of land being part of the Southeast Quarter of the Northeast Quarter of Section
24, Township 9 North, Range 16 West of the 6th P.M., containing 6.84 acres,
more or less, Buffalo County, Nebraska (north of 63rd Street between Avenue K
and Avenue N) and to consider Resolution No. 2004-4. Planning Commission
recommended approval.
Public Hearings 6, 7, 8 and 9 were discussed together but
voted on separately.
The
applicant is requesting approval of a residential subdivision located north of 63rd Street between Avenue K and Avenue
N. The property surrounds the recently constructed NRD regional detention
cell. This land is currently zoned Agricultural and consists of 120.00
acres. The first phase encompasses 15.08 acres. Approval of this project
requires consideration of amending the Comprehensive Development plan,
Rezoning, Platting and Annexation.
Land
Use Map Amendment and Rezoning
The
applicant is requesting rezoning from District A, Agriculture to District R-1, Urban
Residential Single Family District and District RR-2, Rural Residential
District with intermediate development standards. This rezoning request
requires an amendment to the Land Use Map of the City of Kearney Comprehensive Development
Plan for the RR-2
portion. Low density residential housing is appropriate for this site.
Subdivision
Plats
The
Preliminary Plat for Bel-Air Addition consists of 244 lots on 120 acres.
The lots surround the detention cell on a grid pattern. Staff worked with
the owners to insure that good east-west circulation is available by tying into
67th Street at Avenue N. 67th Street provides access to Buffalo Ridge
Subdivision and points east. The subdivision layout proposes two
thru-streets to the north and several streets to the west. The Final Plat
is for the first phase known as Bel-Air First Addition and consists of an
18-lot subdivision containing 15 acres. The lots are arranged around a
single cul-de-sac that takes access from Avenue N. Although the
cul-de-sac exceeds 600 feet in length, the Public Works Director has approved
the design. The cul-de-sac street is positioned so that each lot contains
buildable area outside the floodplain. Lot 1 is proposed to be zoned RR-2 with the majority of the lot in the
floodplain it is a good place for rural zoning that allows horses. The
other lots will be zoned R-1. The lots will be served with municipal
water and sanitary sewer. A Public Works Plan has been provided.
Annexation
The
proposed subdivision is located adjacent to the city limits across Avenue N and
all municipal services are available. Therefore, if the platting is
approved, the property should be annexed into the corporate boundary of the
City of Kearney.
Ron Ridgway from Miller & Associates presented this
matter to the Council. He stated this is an 18-lot subdivision located
northwest of the Eastbrooke Subdivision on the west side of Avenue N.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Clouse to close the hearing and
approve the proposed amendment to the Land Use Map of the City of Kearney
Comprehensive Development Plan from “Agricultural” to “Rural Residential”
property described as a tract of land being part of the Southeast Quarter of
the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., containing 6.84 acres, more or less, Buffalo County, Nebraska (north of
63rd Street between Avenue K and Avenue N) and approve Resolution No. 2004-4.
Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None.
Motion carried.
RESOLUTION
NO. 2004-4
WHEREAS, an application for a revision of the Land Use Map of the Comprehensive
Plan has been filed in conjunction with and as a requisite part of its
application for a change in the zoning for a tract of land being part of the
Southeast Quarter of the Northeast 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 the southeast corner of the Northeast
Quarter of said Section 24 and assuming the east line of said Northeast Quarter
as bearing N00º08’04”E and all bearings contained herein are relative there to;
thence N00º08’04”E on said east line a distance of 210.0 feet to the ACTUAL
PLACE OF BEGINNING; thence continuing N00º08’04”E on the aforedescribed course
a distance of 559.87 feet; thence N89º54’14” a distance of 350.01
feet; thence S00º08’50” a distance of 240 feet; thence N89º54’38”W a
distance of 731.1 feet; thence S00º91’12”W a distance of 170.0 feet; thence
N89º52’46”E a distance of 881.0 feet; thence S00º08’04”W a distance of 150.0
feet; thence N89º52’46”E a distance of 200.0 feet to the place of beginning,
containing 6.84 acres, more or less, Buffalo County, Nebraska (north of 63rd
Street between Avenue K and Avenue N), from “Agricultural” to “Rural
Residential”, and
WHEREAS, the said application for change in the Comprehensive Land Use Plan has
been approved by the City Planning Commission, after a public hearing properly
published and held, and
WHEREAS, the City Council has held a public hearing upon the said revision and
voted in favor of a motion to approve the change in the Land Use Plan as
requested by the applicant.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby
amended to change from “Agricultural” to “Rural Residential” the use
classification for the area described a tract of land being part of the
Southeast Quarter of the Northeast 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 the southeast corner of the Northeast
Quarter of said Section 24 and assuming the east line of said Northeast Quarter
as bearing N00º08’04”E and all bearings contained herein are relative there to;
thence N00º08’04”E on said east line a distance of 210.0 feet to the ACTUAL PLACE
OF BEGINNING; thence continuing N00º08’04”E on the aforedescribed course a
distance of 559.87 feet; thence N89º54’14” a distance of 350.01
feet; thence S00º08’50” a distance of 240 feet; thence N89º54’38”W a
distance of 731.1 feet; thence S00º91’12”W a distance of 170.0 feet; thence
N89º52’46”E a distance of 881.0 feet; thence S00º08’04”W a distance of 150.0
feet; thence N89º52’46”E a distance of 200.0 feet to the place of beginning,
containing 6.84 acres, more or less, Buffalo County, Nebraska (north of 63rd
Street between Avenue K and Avenue N).
PASSED AND APPROVED THIS 13TH DAY OF JANUARY,
2004.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
REZONING NORTH OF 63RD STREET BETWEEN AVENUE K AND AVENUE N
Mayor Blankenship opened the public hearing on the
Application submitted by Ron Ridgway (Applicant) for Myron and Carol Letcher
and Glenda Williams (Owner) to rezone from “District AG, Agricultural District”
to “District R-1, Urban Residential Single Family District (Low Density)” and
“District RR-2, Rural Residential Urban District” property described as a tract
of land being part of the Southeast Quarter of the Northeast Quarter of Section
24, Township 9 North, Range 16 West of the 6th P.M., containing 15.081 acres,
more or less, Buffalo County, Nebraska (north of 63rd Street between Avenue K
and Avenue N). Planning Commission recommended approval.
There was no one present in opposition to this hearing.
Moved by Clouse seconded by Hadley to close the hearing and approve
the Application submitted by Ron Ridgway (Applicant) for Myron and Carol
Letcher and Glenda Williams (Owner) to rezone from “District AG, Agricultural
District” to “District R-1, Urban Residential Single Family District (Low
Density)” and “District RR-2, Rural Residential Urban District” property
described as a tract of land being part of the Southeast Quarter of the
Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., containing 15.081 acres, more or less, Buffalo County, Nebraska (north of
63rd Street between Avenue K and Avenue N). Roll call resulted as
follows: Aye: Blankenship, Kearney,
Buschkoetter, Hadley, Clouse. Nay: None. Motion carried.
BEL-AIR FIRST ADDITION – INCLUDE WITHIN CITY LIMITS
Mayor Blankenship opened the public hearing on the
Application submitted by Ron Ridgway (Applicant) for Myron and Carol Letcher
and Glenda Williams (Owner) for the inclusion of “BEL-AIR FIRST ADDITION”
within the corporate boundaries of the City of Kearney said property described
as a tract of land being part of the Southeast Quarter of the Northeast Quarter
of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing
15.081 acres, more or less, Buffalo County, Nebraska (north of 63rd Street
between Avenue K and Avenue N) and to consider Resolution No. 2004-5. Planning
Commission recommended approval.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Buschkoetter to close the
hearing and approve the Application submitted by Ron Ridgway (Applicant) for
Myron and Carol Letcher and Glenda Williams (Owner) for the inclusion of
“BEL-AIR FIRST ADDITION” within the corporate boundaries of the City of Kearney
said property described as a tract of land being part of the Southeast Quarter
of the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the
6th P.M., containing 15.081 acres, more or less, Buffalo County, Nebraska
(north of 63rd Street between Avenue K and Avenue N) and approve Resolution No.
2004-5. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley,
Clouse, Kearney. Nay: None. Motion carried.
RESOLUTION
NO. 2004-5
WHEREAS, an Application has been submitted by Ron Ridgway (Applicant) for Myron
and Carol Letcher and Glenda Williams (Owner) for the inclusion of “BEL-AIR
FIRST ADDITION” within the corporate boundaries of the City of Kearney said
property described as a tract of land being of the Southeast Quarter of the
Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska, more particularly described as follows.
Beginning at the southeast corner of the Northeast Quarter of said Section 24
and assuming the east line of said Northeast Quarter as bearing N00º08’04”E and
all bearings contained herein are relative thereto: thence N00º08’04”E on said
east line a distance of 210.0 feet; thence S89º52’46”W a distance of 200.0
feet; thence N00º08’04”E a distance of 150.0 feet; thence S89º52’46”W a
distance of 881.0 feet; thence S00º09’12”W a distance of 360.0 feet to the
south line of said Northeast Quarter; thence S89º52’46”E on said south line a
distance of 1081.12 feet to the place of beginning, containing 8.24 acres, more
or less, Buffalo County, Nebraska AND a tract of land being part of the
Southeast Quarter of the Northeast 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 the southeast corner of the Northeast
Quarter of said Section 24 and assuming the east line of said Northeast Quarter
as bearing N00º08’04”E and all bearings contained herein are relative there to;
thence N00º08’04”E on said east line a distance of 210.0 feet to the ACTUAL
PLACE OF BEGINNING; thence continuing N00º08’04”E on the aforedescribed course
a distance of 559.87 feet; thence N89º54’14” a distance of 350.01
feet; thence S00º08’50” a distance of 240 feet; thence N89º54’38”W a
distance of 731.1 feet; thence S00º91’12”W a distance of 170.0 feet; thence
N89º52’46”E a distance of 881.0 feet; thence S00º08’04”W a distance of 150.0
feet; thence N89º52’46”E a distance of 200.0 feet to the place of beginning,
containing 6.84 acres, more or less, Buffalo County, Nebraska (north of 63rd
Street between Avenue K and Avenue N); and
WHEREAS, the Kearney City Planning
Commission has received and held a public hearing on December 19, 2003 on the
inclusion of “BEL-AIR FIRST 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 “BEL-AIR FIRST 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 January
13, 2004 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 “BEL-AIR FIRST 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 “BEL-AIR FIRST 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 13TH DAY OF JANUARY, 2004.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
FINAL PLAT – BEL-AIR FIRST ADDITION
Mayor Blankenship opened the public hearing on the
Application submitted by Ron Ridgway (Applicant) for Myron and Carol Letcher
and Glenda Williams (Owner) for final plat approval of “BEL-AIR FIRST ADDITION”
to the City of Kearney, Buffalo County, Nebraska said property described as a
tract of land being part of the Southeast Quarter of the Northeast Quarter of
Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 15.081
acres, more or less, Buffalo County, Nebraska (north of 63rd Street between
Avenue K and Avenue N) and to consider Resolution No. 2004-6. Planning
Commission recommended approval.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Blankenship to close the
hearing and approve the Application submitted by Ron Ridgway (Applicant) for
Myron and Carol Letcher and Glenda Williams (Owner) for final plat approval of
“BEL-AIR FIRST ADDITION” to the City of Kearney, Buffalo County, Nebraska said
property described as a tract of land being part of the Southeast Quarter of
the Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., containing 15.081 acres, more or less, Buffalo County, Nebraska (north of
63rd Street between Avenue K and Avenue N) and approve Resolution No. 2004-6.
Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion
carried.
RESOLUTION
NO. 2004-6
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “BEL-AIR FIRST ADDITION”, an addition to the City of Kearney,
Buffalo County, Nebraska, duly made out, acknowledged and certified, and the
same hereby is approved and in accordance with the provisions and requirements
of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed
and recorded in the Office of the Register of Deeds of Buffalo County,
Nebraska; said addition is hereby included within the corporate limits of said
City and shall be and become a part of said City for all purposes whatsoever,
and the inhabits of such addition shall be entitled to all the rights and
privileges and shall be subject to all laws, ordinances, rules and regulations
of said City.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the final plat on behalf of the City of
Kearney, Nebraska.
PASSED AND APPROVED THIS 13TH DAY OF january,
2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
LAND USE MAP AMENDMENT – 7040 WEST 18TH STREET
Mayor Blankenship opened the public hearing on the proposed amendment
to the Land Use Map of the City of Kearney Comprehensive Development Plan from
“Agricultural” to “Rural Residential” property described as a tract of land
being the east 240 feet of a tract of land being part of the Northeast Quarter
of the Southwest Quarter of Section 6, Township 8 North, Range 16 West of the
6th P.M., Buffalo County, Nebraska (7040 West 18th Street) and to consider
Resolution No. 2004-7. Planning Commission recommended approval.
Public Hearings 10 and 11 were discussed together but voted
on separately.
The applicant is requesting approval of a one-lot
residential subdivision located at 7040 West 18th Street. This land is currently zoned Agricultural. The owner will
be removing the existing trailer home and moving in a house and garage from East 29th Street. Approval of this project requires
consideration of amending the Comprehensive Development Plan, Rezoning, and
Platting.
Land Use Map Amendment and Rezoning
The applicant is requesting rezoning from District A, Agriculture
to District RR-1, Rural Residential District. This rezoning request
requires an amendment to the Land Use Map of the City of Kearney Comprehensive Development
Plan from
“Agricultural” to “Rural Residential.” Rural type residential housing is appropriate
for this site.
Subdivision Plats
The Preliminary Plat and Final Plat consist of one
lot. The Preliminary Plat was approved by Planning Commission on December 19, 2003. The lots will be served with
individual well and septic systems. A Public Works Plan is not
required. A Subdivision Agreement is not required.
Ron Ridgway from Miller & Associates presented this
matter to the Council. He stated this is a small one lot subdivision located
southwest of town. The reason for this request is so Mr. Randolph can get
a building permit to remove a trailer from the site and move a house onto this
lot.
There was no one present in opposition to this hearing.
Moved by Blankenship seconded by Kearney to close the
hearing and approve the proposed amendment to the Land Use Map of the City of
Kearney Comprehensive Development Plan from “Agricultural” to “Rural
Residential” property described as a tract of land being the east 240 feet of a
tract of land being part of the Northeast Quarter of the Southwest Quarter of
Section 6, Township 8 North, Range 16 West of the 6th P.M., Buffalo County,
Nebraska (7040 West 18th Street) and approve Resolution No. 2004-7. Roll call
resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.
RESOLUTION
NO. 2004-7
WHEREAS, an application for a revision of the Land Use Map of the Comprehensive
Plan has been filed in conjunction with and as a requisite part of its
application for a change in the zoning for a tract of land being the East 240.0
feet of the Northeast Quarter of the Southwest Quarter of Section 6, Township
8, North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more
particularly described as follows: Referring to the northeast corner of
the Southwest Quarter of said Section 6 and assuming the north line of said
Southwest Quarter as bearing S89º18’46”W and all bearings contained herein are
relative thereto; thence S89º18’46”W and on the forth line of the Southwest
Quarter of said section a distance of 277.5 feet to the ACTUAL PLACE OF
BEGINNING: thence S05º21’52”W a distance 208.99 feet to a point on the north
right-of-way line of the Union Pacific Railroad; thence northwesterly on the
aforesaid north right of way line a distance of 1034.75 feet to a point on the
west line of the Northeast Quarter of the Southwest Quarter of said Section 6;
thence N00º11’32”W and on the aforesaid west line a distance of 30.3 feet to a
point on the north line of said Southwest Quarter; thence N89º18’46”E and on
the aforesaid north line a distance of 1041.21 feet to a place of beginning,
Buffalo County, Nebraska (7040 West 18th Street), from “Agricultural” to “Rural
Residential”, and
WHEREAS, the said application for change in the Comprehensive Land Use Plan has
been approved by the City Planning Commission, after a public hearing properly
published and held, and
WHEREAS, the City Council has held a public hearing upon the said revision and
voted in favor of a motion to approve the change in the Land Use Plan as
requested by the applicant.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby
amended to change from “Agricultural” to “Rural Residential” the use
classification for the area described a tract of land being the East 240.0 feet
of the Northeast Quarter of the Southwest Quarter of Section 6, Township 8,
North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more
particularly described as follows: Referring to the northeast corner of
the Southwest Quarter of said Section 6 and assuming the north line of said
Southwest Quarter as bearing S89º18’46”W and all bearings contained herein are
relative thereto; thence S89º18’46”W and on the forth line of the Southwest
Quarter of said section a distance of 277.5 feet to the ACTUAL PLACE OF
BEGINNING: thence S05º21’52”W a distance 208.99 feet to a point on the north
right-of-way line a distance of 1034.75 feet to a point on the west line of the
Northeast Quarter of the Southwest Quarter of said Section 6; thence
N00º11’32”W and on the aforesaid west line a distance of 30.3 feet to a point
on the north line of said Southwest Quarter; thence N89º18’46”E and on the
aforesaid north line a distance of 1041.21 feet to a place of beginning,
Buffalo County, Nebraska (7040 West 18th Street).
PASSED AND APPROVED THIS 13TH DAY OF JANUARY,
2004.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY
CLERK
REZONING 7040 WEST 18TH STREET
Mayor Blankenship opened the public hearing on the
Application submitted by Ron Ridgway (Applicant) for Richard Randolph (Owner)
to rezone from “District AG, Agricultural District” to “District RR-1, Rural
Residential District (Rural Standards)” property described as a tract of land
being the east 240 feet of a tract of land being part of the Northeast Quarter
of the Southwest Quarter of Section 6, Township 8 North, Range 16 West of the
6th P.M., Buffalo County, Nebraska (7040 West 18th Street). Planning Commission
recommended approval.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Clouse to close the hearing and
approve the Application submitted by Ron Ridgway (Applicant) for Richard
Randolph (Owner) to rezone from “District AG, Agricultural District” to
“District RR-1, Rural Residential District (Rural Standards)” property
described as a tract of land being the east 240 feet of a tract of land being
part of the Northeast Quarter of the Southwest Quarter of Section 6, Township 8
North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (7040 West 18th
Street). Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay:
None. Motion carried.
DEVELOPMENT PLAN APPROVAL – NORTH OF 56TH STREET AND WEST OF AVENUE N
Mayor Blankenship opened the public hearing on the
Application submitted by Tim Norwood (Applicant) for N.P. Land Development Inc.
(Owner) for Planned District Development Plan Approval for the construction of
duplexes on property zoned “District R-2/PD, Urban Residential
Mixed-Density/Planned Development Overlay District” and described as Lots 1 and
2, Camron Second Addition to the City of Kearney, Buffalo County, Nebraska
(north of 56th Street and west of Avenue N) and to consider Resolution No.
2004-8. Planning Commission recommended approval. Administration recommends
that [1] street trees shall be provided along both sides of the private street
at 40 feet on center and that the trees shall be canopy trees, 2-inch caliper;
and [2] a winding hike-bike trail shall be constructed on the west side of
Avenue N through this subdivision with the City participating in the cost of
the oversize of the sidewalk.
The Applicant is requesting approval for Development Plans
for a duplex development on Camron 2nd Addition located north of 56th Street and west of Avenue N. The property
is zoned R-2/PD, Urban Residential Mixed-Density-Planned District.
The plan proposes sixteen duplex buildings for a total of 32
living units located on a “half-circle” private street. Six common
parking areas are provided with a total of 56 stalls in addition to the
attached garages provided with each unit. Since the street is private it
will not be named under the City’s street naming system. The units will
be addressed off either Avenue N or 56th Street. Street trees shall be provided along both sides of
the private street at 40 feet on center. These trees shall be canopy
trees, 2-inch caliper. A winding hike-bike trail shall be constructed on
the west side of Avenue N through this subdivision. The City participates
in the cost of the oversize of the sidewalk.
Tim Norwood, 4411 Sunset Trail, presented this matter to the
Council. He stated that this is the second and third phase of a condominium
project that they have already started. The next two phases consist of 16
duplexes (32 units). They will continue with the same landscaping theme
that they did with the first project and the winding Hike/Bike Trail.
Council member Clouse asked why the Hike/Bike Trail is
designed to be winding? Director of Public stated that it is mainly to
make it esthetically pleasing. Mr. Norwood also added that it would
slightly slow the bike traffic in the residential area. Mayor Blankenship
commented that it mirrors what is going on across the way at Eastbrooke and all
agreed it looks pleasing.
There was no one present in opposition to this hearing.
Moved by Clouse seconded by Hadley to close the hearing and
approve the Application submitted by Tim Norwood (Applicant) for N.P. Land
Development Inc. (Owner) for Planned District Development Plan Approval for the
construction of duplexes on property zoned “District R-2/PD, Urban Residential
Mixed-Density/Planned Development Overlay District” and described as Lots 1 and
2, Camron Second Addition to the City of Kearney, Buffalo County, Nebraska
(north of 56th Street and west of Avenue N) and approve Resolution No. 2004-8
subject to compliance with the following conditions: [1] street trees shall be
provided along both sides of the private street at 40 feet on center and that
the trees shall be canopy trees, 2-inch caliper; and [2] a winding hike-bike
trail shall be constructed on the west side of Avenue N through this
subdivision with the City participating in the cost of the oversize of the
sidewalk. Roll call resulted as follows: Aye: Blankenship, Buschkoetter,
Hadley, Clouse, Kearney. Nay: None. Motion carried.
RESOLUTION
NO. 2004-8
WHEREAS, Tim Norwood (Applicant) for N.P. Land Development Inc. (Owner) has
applied for Development Plan Approval for the construction of duplexes on
property zoned “District R-2/PD, Urban Residential Mixed-Density/Planned
Development Overlay District” and described as Lots 1 and 2, Camron Second
Addition to the City of Kearney, Buffalo County, Nebraska (north of 56th Street
and west of Avenue N).
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the application of Tim Norwood (Applicant) for N.P.
Land Development Inc. (Owner) for Development Plan Approval for the
construction of duplexes on property zoned “District R-2/PD, Urban Residential
Mixed-Density/Planned Development Overlay District” and described as Lots 1 and
2, Camron Second Addition to the City of Kearney, Buffalo County, Nebraska
(north of 56th Street and west of Avenue N) be approved subject to compliance
of the following conditions: [1] street trees shall be provided along both
sides of the private street at 40 feet on center and that the trees shall be
canopy trees, 2-inch caliper; and [2] a winding hike-bike trail shall be
constructed on the west side of Avenue N through this subdivision with the City
participating in the cost of the oversize of the sidewalk.
PASSED AND APPROVED THE 13TH DAY OF
JANUARY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
REZONING PLAZA BOULEVARD
AND LAPLATTE ROAD
Mayor Blankenship opened the public hearing on the
Application submitted by Melinda Golden (Applicant) for The Nicholas Group
(Owner) to rezone from “District R-1, Urban Residential Single Family District
(Low Density)” to “District R-2, Urban Residential Mixed-Density District”
property described as Lots 8 through 19, inclusive of Block 2; Lots 14 through
17, inclusive of Block 3; all of Lots 1 through 11, inclusive and a portion of
Lot 12 of Block 4, all in Kearney Plaza Third Subdivision; and Lots 7 and 8,
Kearney Plaza Second Subdivision, all in the City of Kearney, Buffalo County,
Nebraska (Plaza Boulevard and LaPlatte Road). Planning Commission recommended
denial. The developer and neighborhood association were to meet prior to the
City Council meeting to work out differences and gather information and
suggested if rezoning is considered that only lots adjacent to Railroad Street
be rezoned to District R-2.
The applicant is requesting rezoning of 30 existing platted
lots on Plaza Boulevard and LaPlatte Road. The rezoning request is from District R-1 to
District R-2. The applicant intends to construct duplexes and some
single-family homes on these lots if the rezoning is approved. The lots
were originally platted for single-family housing but have never
developed. The proposed duplexes will provide a nice buffer use between
the Union Pacific Railroad corridor and existing housing in this
neighborhood. Single-family homes are proposed for the interior lots that
abut existing single-family housing. At this time, the Developer is
unsure which lots will be reserved for single-family construction and which
lots will be developed with duplexes. Zoning to R-2 would allow
either. All abutting unimproved streets must be paved before any Building
Permits are issued.
Several of the neighboring property owners were present at
the Planning Commission hearing to voice opposition to the rezoning
request. A spokesman for the Plaza Neighborhood Association spoke for the
group and presented a petition to the Planning Clerk with approximately 60
signatures. The Planning Commission suggested that perhaps the hearing
could be continued to allow the Neighborhood Association to work through their
concerns with the Developer. The Developer stated that he would gladly
meet with the neighbors, but if the hearing were delayed it would cause the
project to miss the application deadline for tax credit funding and effectively
delay the project for 12 months. The Planning Commission recommended
denial of the rezoning application to keep the project moving, but suggested
that the Developer and neighbors get together prior to the City Council meeting
and further suggested that perhaps only the lots abutting Railroad Street
should be rezoned to R-2.
The Planning Commission recommended denial of the rezoning
application to keep the project moving, but suggested that the Developer and
neighbors get together prior to the City Council meeting and further suggested
that perhaps only the lots abutting Railroad Street should be rezoned to R-2
leaving the interior lots zoned R-1.
Matt Thomas from The Nicholas Group presented this matter to
the Council. He stated that the consensus of their meeting was to go with the
Planning Commission’s recommendation to rezone the southern portion of the lots
to R-2 and leave the others as R-1. The intention is to do a duplex type
development on the southern portion and the funding application would be to the
Nebraska Investment Financing Authority at the end of January. Their intentions
on the remainder of the property are uncertain at this time; however, as he
told the Neighborhood Association they are okay with leaving it R-1 instead of
R-2. They might try some single family market rate homes. If those do
well, they would continue to build more. After talking to the City
Planner, the next step is to formally ask for is an amendment to their
request.
Mayor Blankenship asked about the property at the end of
LaPlatte road that goes east and west, there was some discussion of that being
a cul-de-sac there and discussion about access to it. Director of Public
Works stated that Mr. Thomas had talked to staff about this. Originally,
they vacated and re-platted the property to the west. The gentleman that did
that did not own that property at the time. If they put a cul-de-sac on
the west side of that intersection, it would give access to lots 11 and 12 and
make a nice end to the street as opposed to a dead end to the
property. Planning staff would need additional right-of-way
dedicated to the City or gifted to the City so they could build that road on
lot 11 or 12 or a portion of those two. Mr. Thomas stated that would also
work well for them. He also pointed out that the western parcel is zoned
M-1 industrial. Because of the fact that they do not know what that might
become someday, they think it could minimize the flow of traffic in the
future.
Mayor Blankenship commented that he was at a portion of the
neighborhood meeting and believed that there was good dialogue, which answered
many questions. He believed that the dozen or so people that were there
were very satisfied with this proposal to rezone the lots on the south side
along Railroad Street.
Council Member Hadley stated that he also attended the
meeting and ended up with a win-win type of situation. He also believed
that there was a great deal of information exchanged between the developer and
the people in the neighborhood.
Council Member Kearney asked if the Planning Commission would
be uncomfortable by going this route, because it was overriding their denial
request. Director of Public Works responded that the concern of the Planning
Commission was more because at that time, the developer hadn’t met with the
neighborhood group and the outcome of that meeting was uncertain. He
believed the Planning Commission’s recommendation was to deny it so they could
continue forward with their financing and turn over the decision to the Council
based on the outcome of the neighborhood group meeting. At Planning Commission,
Mr. Downing’s motion was to deny this with the recommendation that the
developer get together with the neighborhood group. As an alternate, Mr.
Downing recommended that the south tier lots be rezoned to R-2.
Council Member Hadley commented on an issue that was brought
up at the neighborhood meeting and has been brought up in the past, which is
the concern about getting the information out to the public about these
hearings. He asked City staff to explore different ways of getting this
information out. Public Works Director stated that the Hub covers all the
Planning Commission items. In addition on the City of Kearney web page, a person can subscribe to
the Planning Commission agendas, which will automatically be sent via email
each month. They are continually working on some different ideas to get
the word out to the public. It is really easy to get the information out
when there is an organized neighborhood group because then there is a contact
person. Typically, when a developer wants to come into a neighborhood
that has an organized group, they are encouraged to get in touch with the
group. It is important to let them know what is coming in before the Planning
Commission meeting so their concerns can be addressed up front.
Council Member Clouse stated although he was not able to
attend the neighborhood meeting, he received many calls from people who were
also unable to attend wanting to know what was discussed. He passed on
his understanding of what was discussed and they seemed pleased with what their
neighbors and the developer were able to work out.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Buschkoetter to close the
hearing and amend and approve the Application submitted by Melinda Golden
(Applicant) for The Nicholas Group (Owner) to rezone from “District R-1, Urban
Residential Single Family District (Low Density)” to “District R-2, Urban
Residential Mixed-Density District” property described as Lots 7 and 8, Kearney
Plaza Second Subdivision; all of Lots 1 through 11, inclusive and a portion of
Lot 12 of Block 4, Kearney Plaza Third Subdivision, all in the City of Kearney,
Buffalo County, Nebraska. Roll call resulted as follows: Aye: Blankenship,
Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion
carried.
IV. CONSENT AGENDA
Moved by Buschkoetter seconded by Blankenship that
Subsections 1 through 7 of Consent Agenda Item IV be approved. Roll call
resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.
1.
Approve Minutes of Regular Meeting held December 23, 2003.
2.
Approve the following Claims: A-1 Refrigeration $1,185.20 Rep; Ace
Hardware $119.97 Su; Alltel $3,303.21 Serv; American Trade Mark $145.69 Su;
ASCAP $78.63 Dues; ASLA $290.00 Renewal; AT&T $141.96 Serv; Baker &
Taylor $2,513.12 Bks; Baye, S $103.85 Tr; BBC Audiobooks $263.13 Bks; Becker, G
$21.00 Su; Behnke, J $8.10 Ref; Beideck, J $82.34 Tr; Bernan $58.00 Bks; Big
Flag $1,102.34 Inv; Blessing, Inc $126,695.70 Serv; Blue Cross Blue Shield
$30,033.75 Claims; Bob's Super Store $166.34 Serv; Books on Tape $919.20 Bks;
Bosselman $9,860.40 Inv; Bruces Body Shop $1,127.94 Rep; Buffalo Co Sheriff $87,500.00
Serv; Builders $90.82 Various; Business Media $1,010.25 Equip; Canada Life
$1,727.00 Prem; Cash Wa $537.00 Various; Central Ag $342.90 Rep; Central Fire
$769.50 Su; Central States Wire $1,132.00 Su; Charter Communications $43.55 Su;
Charter Media $400.00 Serv; Charter Paging $21.92 Serv; Chief Supplies $558.82
Su; City of Ky $12,186.61 Various; CLH $309.00 Serv; Colorado Chapter ICC
$780.00 Tr; Concrete Workers $14,004.02 Serv; Copycat $353.36 Su; Creative
$33.96 Bks; Culligan $99.75 Various; D&M Security $106.50 Rep; Danielson, S
$681.30 Tr; Dawson Co PPD $9,004.42 Serv; Development Council $1,823.39
Various; Discount Tools $44.97 Ref; Double M Farms $2,000.00 Serv; Dowhy, P
$7.06 Ref; Dugan Business Forms $826.80 Various; Dutton-Lainson $269.26 Inv;
Eakes $41,921.95 Equip; Eggen, M $215.65 Various; Expressions Catering
$3,311.62 Serv; Farmers Union Coop $467.50 Serv; Fedex $31.40 Pstg; Footjoy
$139.13 Inv; Fore Reservations $1,701.00 Equip; Foster, D $103.85 Tr; Frontier
$1,032.87 Serv; Garrett Tires & Treads $6,651.46 Various; Garys I-80 $30.00
Su; German, A $8.74 Ref; Glazier, R $26.82 Tr; Good Samaritan Health Systems
$158.00 Serv; Govt Training Institute $220.00 Tr; Great Plains Safety &
Health $3,122.93 Serv; H&G Cleaners $264.67 Serv; Harper, C $31.80 Ref;
Highsmith $32.47 Su; Holmes Plbg $23.51 Rep; Hometown Leasing $206.00 Rep;
Hotsy Equipment $4,650.00 Equip; Hurricane Fence $1,260.00 Equip; Hygienic Lab
$400.00 Serv; I.S.C.I.A. $150.00 Tr; IAEI $90.00 Dues; Ingram, K $20.24 Ref;
Inst For Prof. Businesswomen $156.00 Tr; Insterstate Structures $78,510.14
Serv; Jack Lederman Co $49.44 Su; Jack's Uniforms $27,998.32 Equip; John Deere
Credit $5,301.39 Lease; K&K Parts $1,975.00 Su; Kalba, R $103.85 Tr; Ky
Area Solid Waste Agency $67,538.10 Tipping Fees; Ky Cycling & Fitness
$7,653.00 Equip; Ky Hub $4,085.99 Serv; Kiplinger $59.00 Bks; Kirkham Michael
$400.00 Serv; KKPR FM $160.00 Serv; Klaus, M $76.93 Tr; Koch's Lawn Service
$9,850.00 Serv; Koetters, J $35.65 Tr; Kooyman, R $400.00 Ins; Kuykendall, J
$187.20 Tr; LCL Truck Equipment $10,616.00 Equip; League of NE Municipalities
$200.00 Refg; Lerner Publishing Group $16.95 Bks; Lexis Nexis $460.05 Serv;
Linda's Upholstery $9.50 Su; Little Time Contracting $122.50 Rep; Luke, D
$165.30 Tr; Maguire Iron $15,360.00 Rep; Marlatte Machine Shop $260.85 Various;
Marshall Cavendish $155.70 Bks; Martinosky, M $156.95 Reim; Matthew Bender
$33.23 Bks; May, J $156.10 Tr; McCollister $254.45 Inv; MES Snyder $1,770.00
Rep; Micro Mktg $231.20 Bks; Mid-NE Community Action $1,458.93 Serv; Midwest
Turf $181.35 Rep; Mieth, T $103.85 Tr; Miller & Associates $22,885.48 Serv;
MOCIC/SLATT $200.00 Dues, Bks; Mosbarger, B $400.00 Ins; Mr. Automotive $2.67
Various; Munch, S $14.91 Ref; Municipal Clerk Institute $555.00 Tr; Municipal
Supplies $2,164.61 Su; Nat'l Paper Supplies $122.82 Su; NWWA $3,508.78 Meter
Replacement; NE Dept of Environmental Quality $14,107.41 Disposal Fee; NE Dept
of Motor Vehicles $8.75 License; NE Dept of Revenue $27,298.89 Taxes; NE Well
Drillers $170.00 Tr; NE Wine & Spirits $65.74 Su; NE Workforce Dev $30.00
Serv; NHHSS-EMS $65.00 Tr; Northwestern $14,282.84 Serv; Office Depot $534.71
Su; Officenet $243.65 Various; O'Keefe Elevator $406.70 Rep; Omaha World Herald
$52.00 Bks; P.E.P. $94.50 Rep; Paradigm Ins $19,095.77 Prem; Paramount Linen
$101.72 Inv; Paulsen $26,057.55 Serv; Penworthy $1,494.44 Bks; Peterson, C
$26.19 Ref; Pike & Fisher $169.00 Dues, Bks; Pitney Bowes $450.00 Pstg;
PowerPlan $11,253.17 Rep; Preferred Mail $239.64 Pstg; Presto-X $55.00 Rep;
Prochaska, J $15.23 Ref; Purchase Power $1.00 Pstg; Region III $30.00 Ref;
Resource Mgt $2,453.40 Disposal Fee; Resource Technical $5,529.37 Equip;
Respond 1st Aid Systems $128.70 Su; Rodiek, D $59.34 Tr; Rylind $84.16 Su;
Saathoff, J $636.95 Tr; Safety-Kleen $203.40 Rep; Sawyer, T $28.00 Ref;
Schmidt, D $40.94 Ref; Schmit-Greteman $61.25 Serv; Schmitt, J $35.65 Tr;
School Dist. #7 $2,171.70 Remit; Scientia $61.95 Bks; See Clear Cleaning
$1,950.00 Serv; S-F Analytical Lab $170.00 Serv; Sherwin Williams $88.04 Rep;
Simmerman Electric $293.40 Rep; Sixel Consulting Group $625.00 Serv; Snap On
Tools $34.35 Tools; Solid Waste Equipment $13,725.00 Containers; Sprint $234.49
Serv; State of NE DAS Comm $26.64 Serv; State of NE HHS Lab $30.00 Serv;
Sterling Distribution $48.15 Su; T&B Cleaning $1,100.00 Serv; Theis, G
$32.82 Pc; Thompson, J $106.95 Tr; Tokay Software $320.00 Serv;
Tollefsen-Elliott Lumber $42.64 Su; Tool Doctor $46.40 Su; Unique Books $37.80
Bks; United Distillers $255.24 Su; Urbanek, T $681.30 Tr; Utility Equipment
$104.02 Inv; Vasquez, C $106.95 Tr; Village Cleaners $125.00 Cla; Walters
Electric $1,201.75 Rep; Wellman, P $120.74 Various; Wellness Councils of
America $76.80 Wellness; West Group $570.84 Su; WPCI $50.00 Serv; Xerox $776.29
Serv; Zimmerman Printers $1,132.00 Su; Payroll Ending 12-27-2003 -- $237,292.95. The foregoing schedule of claims
is published in accordance with Section 19-1102 of the Revised Statutes of
Nebraska, and is published at an expense of $_________ to the City of Kearney.
3.
Approve the request submitted by UNK Loper Programming and Activities Council
to conduct the 2nd Annual Fun 5K Race/Walk on April 17, 2004 between at 8:00 a.m. The
Route will begin at the UNK Practice Field on 15th Avenue, west on North Railroad Street, continuing on the 30th Avenue
Overpass, east on 11th
Street and south on Kea West Road and ending at Yanney Park.
4.
Repeal Resolution No. 2003-120 and the original Subdivision Agreement and
approve the final plat and the Amended and Restated Subdivision Agreement for
Ingalls Crossing Third Addition and approve Resolution No. 2004-9.
RESOLUTION
NO. 2004-9
WHEREAS, on September 23, 2003, the City Council passed and approved Resolution
No. 2003-120 approving the plat and the Subdivision Agreement of “INGALLS
CROSSING THIRD ADDITION”, an addition to the City of Kearney, Buffalo County,
Nebraska; and
WHEREAS, the parties involved have agreed to modify the Subdivision Agreement
to better define the issues, to clarify the intent, and to make proper
reference to the exhibits; and
WHEREAS, the City Council has determined that it would be in the best interests
of the City to repeal Resolution No. 2003-120 and the original Subdivision
Agreement in its entirety.
NOW, THEREFORE, 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 the Amended and Restated 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 Resolution No. 2003-120 which includes the approval
of the original Subdivision Agreement for Ingalls Crossing Third Addition be
and is hereby repealed in its entirety.
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 13TH DAY OF JANUARY,
2004.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY CLERK
5.
Consider the application submitted by Huss Platte Valley Auction to extend the
permit to locate a manufactured home for security purposes located at 1202 West 19th Street for a period of one year.
6.
Approve Change Order No. 4 showing an increase in the amount of $6,807.20
submitted by Interstate Structures, Inc. and approved by Miller &
Associates in connection with the Kearney Area Recycling Center located at 3007
East 39th Street and approve Resolution No. 2004-10.
RESOLUTION NO. 2004-10
WHEREAS, on February 25, 2003 the City Council awarded the bid for the Kearney
Area Recycling Center located at 3007 East 39th Street in the amount of
$1,293,179.00 to Interstate Structures, Inc.; and
WHEREAS, Change Order No. 4 gives a $708.00 credit for (2) 60 amp bale feeder
electrical services as shown on the plans and provides for those services to be
(1) 70 amp and (1) 150 amp electrical services for an increase in the amount of
$7,515.20 this results in Change Order No. 4 being a total increase of $6,807.20;
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 $6,807.20, as
shown on Exhibit “A” attached hereto and made a part hereof by reference:
|
Original Contract Price
|
$1,293,179.00
|
|
Change Order No. 1 (09-09-2003)
|
+ 8,827.35
|
|
Change Order No. 2 (11-11-2003)
|
+ 5,563.03
|
|
Change Order No. 3 (11-25-2003)
|
+ 16,931.50
|
|
Change Order No. 4 (01-13-2004)
|
+ 6,807.20
|
|
New Contract Price
|
$1,331,308.08
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 4 as
shown on Exhibit “A be and is hereby accepted and approved.
PASSED AND APPROVED THIS 13TH DAY OF JANUARY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
7.
Approve the “Developer Constructed Infrastructure Agreement – Camron Second
Addition” between the City of Kearney and
Tim Norwood, President of NP Land Development, Inc. and approve Resolution No.
2004-11.
RESOLUTION
NO. 2004-11
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the agreement entitled “Developer Constructed Infrastructure Agreement –
Camron Second Addition”, a copy of which marked Exhibit 1 is attached hereto,
negotiated by and between the City of Kearney and Tim Norwood, President of NP
Land Development, Inc. 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 13TH DAY OF JANUARY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
V. CONSENT AGENDA
ORDINANCES
ORDINANCE NO. 7015 – VACATE PORTION OF 12TH STREET
Later on the agenda, an Applicant is requesting vacation of
the existing platted building setback lines in Conyers Subdivision. When
the Applicant was researching the issues it was determined that an error had
occurred in the vacation of 12th Street in
the past. This is a “housekeeping” issue to correct the previous error.
When 12th
Street was vacated,
the legal description for the vacation was written describing the vacation
extending 130 feet east of Avenue B and 130 feet west of Avenue C. The
130-foot mark in both cases is the edge of the north-south alley that was also
previously dedicated. This mistake leaves a 20-foot strip of 12th Street (that is the alley alignment
extended across 12th
Street) as City
property because it was not vacated. This 20-foot by 80-foot strip of
land will now be vacated.
Council Member Blankenship introduced Ordinance No. 7015,
being Subsection 1 of Agenda Item V to vacate 20-foot by 80-foot strip of 12th
Street lying parallel to and between Avenue B and Avenue C, and moved that the
statutory rules requiring ordinances to be read by title on three different
days be suspended and said ordinances be considered for passage on the same day
upon reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member Kearney seconded the
motion to suspend the rules. President of the Council asked for discussion or
if anyone in the audience was interested in the ordinance. No one responded.
Clerk called the roll which resulted as follows: Aye: Blankenship,
Buschkoetter, 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. 7015 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 Council Member Kearney seconded by Council Member
Clouse that Ordinance No. 7015 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. 7015 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
VI. REGULAR AGENDA
ORDINANCE NO. 7016 – REZONE PROPERTY LOCATED AT 1111 AND
1129 CENTRAL AVENUE
This Ordinance pertains to Public Hearing 1 which was
denied. Moved by Clouse seconded by Hadley to deny Ordinance No. 7016 rezoning
property located 1111 and 1129 Central Avenue. Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None.
Motion carried.
SITE DEVELOPMENT PLAN – 1111 AND 1129 CENTRAL AVENUE
Mayor Blankenship opened for discussion the site development
plan submitted by Reed Miller (Applicant) and Reed Miller and Gary Cole and
Beth Cole (Owner) for property described as Lots 7, 8, 9, 10, 11, 12, 13, 14, 15,
16, 17, 18 and 19 of Block 6, together with the vacated south half of 12th
Street abutting Lot 19, Block 6, all in Roes Subdivision to the City of
Kearney, Buffalo County, Nebraska (1111 and 1129 Central Avenue) and to
consider Resolution No. 2004-12. Pertains to Public Hearing 1.
Planning Commission recommended approval subject to compliance with the
following conditions: (1) since Central Avenue has 100 feet of right-of-way,
adequate landscaping shall be provided between the parking lot and the street;
(2) additional deciduous street trees shall be planted along the Central Avenue
frontage at the rate of one tree every 40 feet; said trees shall be canopy
trees, not ornamentals, 2-inch caliper.
The Planning Commission recommended that the rezoning application
from M-1 to CBD be denied, and recommended approval of the site development
plans as presented for the addition to the office building deviate from the
landscaping requirements in the Unified Land Development Ordinance, but since
Central Avenue has 100 feet of right-of-way, adequate landscaping will be
provided between the parking lot and the street, additional deciduous street
trees will be planted, with recognition and acknowledgment that the existing
development pattern has been previously established under the previously
adopted code.
Moved by Hadley seconded by Buschkoetter to approve the site
development plan submitted by Reed Miller (Applicant) and Reed Miller and Gary
Cole and Beth Cole (Owner) for property described as Lots 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18 and 19 of Block 6, together with the vacated south half
of 12th Street abutting Lot 19, Block 6, all in Roes Subdivision to the City of
Kearney, Buffalo County, Nebraska (1111 and 1129 Central Avenue) and approve
Resolution No. 2004-12 subject to compliance with the following conditions: (1)
since Central Avenue has 100 feet of right-of-way, adequate landscaping shall
be provided between the parking lot and the street; (2) additional deciduous
street trees shall be planted along the Central Avenue frontage at the rate of
one tree every 40 feet; said trees shall be canopy trees, not ornamentals,
2-inch caliper. Roll call resulted as follows: Aye: Blankenship, Buschkoetter,
Hadley, Clouse, Kearney. Nay: None. Motion carried.
RESOLUTION
NO. 2004-12
WHEREAS, an application for rezoning has been filed by Reed Miller (Applicant)
and Reed Miller and Gary Cole and Beth Cole (Owner) for property described as
Lots 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 of Block 6, together
with the vacated south half of 12th Street abutting Lot 19, Block 6, all in
Roes Subdivision to the City of Kearney, Buffalo County, Nebraska (1111 and
1129 Central Avenue), and
WHEREAS, the said application for rezoning has been denied by the City Planning
Commission, after a public hearing properly published and held, and
WHEREAS, the City Council has held a public hearing upon the said rezoning and
voted in favor of a motion to deny the application as requested by the
applicant.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the site development plan submitted by Reed Miller
(Applicant) and Reed Miller and Gary Cole and Beth Cole (Owner) for the addition
to the office building on property zoned “District M-1, Limited Industrial
District” and described as Lots 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and
19 of Block 6, together with the vacated south half of 12th Street abutting Lot
19, Block 6, all in Roes Subdivision to the City of Kearney, Buffalo County,
Nebraska (1111 and 1129 Central Avenue) be approved recognizing and
acknowledging that the existing development pattern has been previously
established under the previously adopted Code and subject to compliance with
the following conditions:
(1)
Since Central Avenue has 100 feet of right-of-way,
adequate landscaping shall be provided between the parking lot and the street;
(2)
Additional deciduous
street trees shall be planted along the Central Avenue frontage at the rate of one tree every 40 feet; said trees
shall be canopy trees, not ornamentals, 2-inch caliper.
PASSED AND APPROVED THE 13TH DAY OF JANUARY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
ORDINANCE NO. 7017 – REZONING NORTH OF 39TH STREET BETWEEN 7TH AVENUE AND 11TH AVENUE
Council Member Buschkoetter introduced Ordinance No. 7017,
being Subsection 3 of Agenda Item VI to rezone from “District AG, Agricultural
District” to “District R-1, Urban Residential Single Family District (Low Density)”
property described as a tract of land located in the East Half of the Southeast
Quarter of the Southwest Quarter of Section 26, Township 9 North, Range 16 West
of the 6th P.M., containing 20.0 acres, more or less, Buffalo County, Nebraska
(north of 39th Street between 7th Avenue and 11th 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, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion to
suspend the rules having been concurred in by three-fourths of the City
Council, said motion was declared passed and adopted. City Clerk read Ordinance
No. 7017 by number. Roll call of those in favor of the passage of said
ordinance on the first reading resulted as follows: Aye: Blankenship, Hadley,
Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was
read by number.
Moved by Blankenship seconded by Kearney that Ordinance No. 7017 be passed,
approved and published as required by law. Roll call resulted as follows:
Aye: Blankenship, Clouse, Kearney,
Buschkoetter, Hadley. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7017 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. 7018 – REZONING NORTH OF 63RD STREET BETWEEN AVENUE K AND AVENUE N
Council Member Buschkoetter introduced Ordinance No. 7018,
being Subsection 4 of Agenda Item VI to rezone from “District AG, Agricultural
District” to “District R-1, Urban Residential Single Family District (Low
Density)” and “District RR-2, Rural Residential Urban District” property
described as a tract of land being part of the Southeast Quarter of the
Northeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., containing 15.081 acres, more or less, Buffalo County, Nebraska (north of
63rd Street between Avenue K and Avenue N), and moved that the statutory rules
requiring ordinances to be read by title on three different days be suspended
and said ordinances be considered for passage on the same day upon reading by
number only, and then placed on final passage and that the City Clerk be
permitted to call out the number of the ordinance on its first reading and then
upon its final passage. Council Member Blankenship seconded the motion to
suspend the rules. President of the Council asked for discussion or if anyone
in the audience was interested in the ordinance. No one responded. Clerk called
the roll which resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion to
suspend the rules having been concurred in by three-fourths of the City
Council, said motion was declared passed and adopted. City Clerk read Ordinance
No. 7018 by number. Roll call of those in favor of the passage of said
ordinance on the first reading resulted as follows: Aye: Blankenship, Hadley,
Clouse, Kearney, Buschkoetter. Nay: None. Motion carried. Ordinance was
read by number.
Moved by Blankenship seconded by Kearney that Ordinance No. 7018 be passed,
approved and published as required by law. Roll call resulted as follows:
Aye: Blankenship, Clouse, Kearney,
Buschkoetter, Hadley. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7018 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. 7019 – REZONING 7040 WEST 18TH STREET
Council Member Buschkoetter introduced Ordinance No. 7019,
being Subsection 5 of Agenda Item VI to rezone from “District AG, Agricultural
District” to “District RR-1, Rural Residential District (Rural Standards)”
property described as a tract of land being the east 240 feet of a tract of
land being part of the Northeast Quarter of the Southwest Quarter of Section 6,
Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (7040
West 18th Street), and moved that the statutory rules requiring ordinances to
be read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the
number of the ordinance on its first reading and then upon its final passage.
Council Member 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, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared
passed and adopted. City Clerk read Ordinance No. 7019 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay:
None. Motion carried. Ordinance was read by number.
Moved by Blankenship seconded by Kearney that Ordinance No. 7019 be passed,
approved and published as required by law. Roll call resulted as follows:
Aye: Blankenship, Clouse, Kearney,
Buschkoetter, Hadley. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7019 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
FINAL PLAT – RANDOLPH SUBDIVISION
Mayor Blankenship opened for discussion the application
submitted by Ron Ridgway (Applicant) for Richard Randolph (Owner) for final
plat approval for “RANDOLPH SUBDIVISION” to Buffalo County, Nebraska said property
described as a tract of land being the east 240 feet of a tract of land being
part of the Northeast Quarter of the Southwest Quarter of Section 6, Township 8
North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (7040 West 18th
Street) and to consider Resolution No. 2004-13 subject to the effective date of
Ordinance No. 7019. Planning Commission recommended approval.
Ron Ridgway from Miller & Associates was present to
answer any questions from the Council.
Moved by Kearney seconded by Clouse to approve the
application submitted by Ron Ridgway (Applicant) for Richard Randolph (Owner)
for final plat approval for “RANDOLPH SUBDIVISION” to Buffalo County, Nebraska
said property described as a tract of land being the east 240 feet of a tract of
land being part of the Northeast Quarter of the Southwest Quarter of Section 6,
Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (7040
West 18th Street) and approve Resolution No. 2004-13 subject to the effective
date of Ordinance No. 7019. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay:
None. Motion carried.
RESOLUTION
NO. 2004-13
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “RANDOLPH SUBDIVISION” a subdivision being the east 240 feet
of a tract of land being part of the Northeast Quarter of the Southwest Quarter
of Section 6, Township 8 North, Range 16 West of the 6th P.M., Buffalo County,
Nebraska, and in accordance with the terms and requirements of Sections 16-901
through 16-904 inclusive, R.R.S. 1943 (as amended) accepted and ordered filed
and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska.
BE IT FURTHER RESOLVED that the
President of the Council be and is hereby authorized and directed to execute
the final plat on behalf of the City of Kearney, Nebraska.
PASSED AND APPROVED THIS 13TH DAY OF JANUARY, 2004.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
ORDINANCE NO. 7020 – REZONING SOUTH OF NORTH RAILROAD STREET
Council Member Clouse introduced Ordinance No. 7020, being
Subsection 7 of Agenda Item VI to rezone from “District R-1, Urban Residential
Single Family District (Low Density)” to “District R-2, Urban Residential
Mixed-Density District” property described as Lots 7 and 8, Kearney Plaza
Second Subdivision; Lots 1 through 12, inclusive of Block 4, Kearney Plaza
Third Subdivision except that portion of Lot 12 described as follows: beginning
at the southeast corner of said Lot 12, thence southwesterly along the
southwest line of said Lot 12 a distance of 144.82 feet, thence northeasterly a
distance of 33.29 feet, thence southeasterly a distance of 122.10 feet to the
point of beginning, all in the City of Kearney, Buffalo County, Nebraska, and
moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage
on the same day upon reading by number only, and then placed on final passage
and that the City Clerk be permitted to call out the number of the ordinance on
its first reading and then upon its final passage. Council Member Hadley
seconded the motion to suspend the rules. President of the Council asked for
discussion or if anyone in the audience was interested in the ordinance. No one
responded. Clerk called the roll which resulted as follows: Aye: Blankenship,
Buschkoetter, Hadley, Clouse, 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. 7020 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 Hadley seconded by Buschkoetter that Ordinance No.
7020 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. 7020 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. 7021 – VACATE BUILDING SETBACKS IN CONYERS
SUBDIVISION
The Applicant is requesting vacation of the existing platted
building setback lines on the north side of Lots 1 and 8, Conyers Subdivision.
The property includes the south half of vacated 12th Street between Avenues B and C. The property is zoned R-3
and there are three apartment buildings on the block.
The applicant would like to construct another apartment
building on the north end of the block utilizing the 40 feet of vacated 12th Street and the 15 feet of land that is
encumbered by the building setback. The north-south alley running through
this block was vacated in 1979 and the south half (40 feet) of 12th Street was vacated in 1980. The
platted building setback on Lots 1 and 8 is no longer necessary since the
abutting street has been vacated. At the Planning Commission meeting, the
applicant asked to amend the vacation request to include the 25-foot building
setback on the east side of Lots 1, 2, and 3 and on the west side of Lots 6, 7,
and 8 as well. Vacation of these setbacks as requested will allow him to do
what he wants to do. The vacation request to Council has been amended
accordingly.
Roy Meusch was present to answer any questions from the
Council.
Council Member Buschkoetter introduced Ordinance No. 7021,
being Subsection 8 of Agenda Item VI to vacate the 15-foot building setback
platted on the north side of Lots 1 and 8, and to vacate the 25-foot building
setback platted on the east side of Lots 1, 2 and 3 and on the west side of
Lots 6, 7 and 8, all in Conyers Subdivision, a subdivision to the City of
Kearney, Buffalo County, Nebraska (between 11th Street and 12th Street and
Avenue B and Avenue C), and moved that the statutory rules requiring ordinances
to be read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the
number of the ordinance on its first reading and then upon its final passage.
Council Member Blankenship seconded the motion to suspend the rules. President
of the Council asked for discussion or if anyone in the audience was interested
in the ordinance. No one responded. Clerk called the roll which resulted as
follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion to suspend the rules having
been concurred in by three-fourths of the City Council, said motion was declared
passed and adopted. City Clerk read Ordinance No. 7021 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay:
None. Motion carried. Ordinance was read by number.
Moved by Blankenship seconded by Kearney that Ordinance No. 7021 be passed,
approved and published as required by law. Roll call resulted as follows:
Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay:
None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 7021 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 --
NEBRASKA PUBLIC POWER DISTRICT -- $2,620.87
Moved by Kearney
seconded by Hadley that Open Account Claims in the amount of $2,620.87 payable
to Nebraska Public Power District be allowed. Roll call resulted as follows:
Aye: Blankenship, Buschkoetter, Hadley, Kearney. Nay: None. Clouse abstained. Motion carried.
VII. REPORTS
VIII. ADJOURN
Moved by Buschkoetter seconded by Blankenship that Council adjourn
at 8:26 p.m. Roll call resulted as follows: Aye:
Blankenship, Hadley, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried.
BRUCE L. BLANKENSHIP
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK
