View Other Items in this Archive | View All Archives | Printable Version

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 Avenue11th 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