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Kearney, Nebraska

February 10, 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 February 10, 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: Lean Brandt, Patty Sitorius, Bobby Turner, Steve Baye, Marvion Reichert, Mitch Humphrey, Paul Brungardt, Margaret Clark, Jerry Idt, Bruce Grupe, Gary Story, Brad Driml, Cole Spresser, Mike Konz from Kearney Hub.

 

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

 

Since there was no representation from the Kearney Ministerial Association, the Council held a moment of silence.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Cody Sparks, Ben Harms, Josh Fish led the Council members and audience in the Pledge of Allegiance.

 

RECOGNITION – STEVE BAYE

 

Mayor Blankenship and Council Members recognized Steve Baye for 20 years of service with the Cemetery Division. He was presented a Resolution of Commendation and a watch.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

THUNDERHEAD BREWING – CATERING LICENSE

 

Mayor Blankenship opened the public hearing on the Catering Application submitted by THUNDERHEAD BREWING CO., dba “Thunderhead Brewing” in connection with their Class “L-47920” (Craft Brewery) Liquor License located at 18 East 21st Street and to consider Resolution No. 2004-21.

 

Since there was no representation, the Council tabled the matter until February 24, 2004.

 

Moved by Hadley seconded by Buschkoetter to table until February 24, 2004 the Catering Application submitted by THUNDERHEAD BREWING CO., dba “Thunderhead Brewing” in connection with their Class “L-47920” (Craft Brewery) Liquor License located at 18 East 21st Street. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

REZONING – 910 WEST 11TH STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Larry Nansel, President of the Buffalo County Historical Society (Owner) to rezone from “District RR-1, Rural Residential District (Rural Standards)” to “District R-1, Urban Residential Single-Family District (Low Density)” and “District R-2, Urban Residential Mixed-Density District” property described as Lot 1 Maurer Addition, an addition to the City of Kearney, Buffalo County, Nebraska and part of the West Half of the Northeast Quarter of Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (910 West 11th Street). Planning Commission recommended approval.

 

The applicant is requesting approval of an eight-lot subdivision located south of 11th Street and west of the Trails and Rails Museum owned by the Buffalo County Historical Society. Other than the railroad museum, the property contains a farmhouse and several outbuildings. This land is currently zoned RR-1 for roughly the west half of the land and R-1 for the remainder. A 50x100 foot lot roughly midway along the frontage of 11th Street is zoned commercial and is used by the telephone company for a pedestal building and is not part of this project. The Kearney Area Children’s Museum is proposed to be located west of the Trail and Rails Museum and adjacent to future 9th Avenue. The Trails and Rails Museum will gain additional land for expansion.

 

Rezoning

The applicant is requesting rezoning from District RR-1 to District R-1 and R-2 for a tract of land that is known as Lot 1, Maurer Addition. Roughly the west half of the lot is to be rezoned R-2 and the east half rezoned R-1. The remainder of the property contained in this proposal is either currently unplatted land or the railroad museum and is already zoned R-1.

 

Vacation

The development proposal requires vacation of Lot 1 of Maurer Addition and Lots 18 through 21 of Block 1, Centennial Subdivision, so that the land can be replatted as Hammer-McCarty Addition.  A Public Works Plan demonstrating the feasibility of sanitary sewer and management of stormwater, including detention, is required with the Final Plat.  The stormwater facilities will be reserved under separate instrument and is not ready to be filed at this time.  Therefore, the Final Plat for Hammer-McCarty Addition will be tabled to the February 24 meeting of the City Council to allow time for the separate instrument to be prepared and submitted to the City.

 

The Planning Commission recommended approval of the Rezoning, Vacation, and Final Plat with the condition that the stormwater management facilities and stormdrain be located in an easement or the location be established by agreement, filed as a separate instrument prior to the City Council hearing.

 

Since the separate agreement is not ready at this time, Administration recommends approval of the Rezoning and Vacation at this time, and further recommends that the Final Plat of Hammer-McCarty Addition be tabled to the February 24 meeting of the Council to allow time for the separate instrument to be prepared and filed with the City prior to the February 24 Council meeting.

 

Mitch Humphrey presented this matter to the Council. He stated the rezoning is just the beginning of the projects that the applicants have going on in this area.  He was not aware of all the plans for this group, but they have some positive future plans.  There is a need for this rezoning and vacation of a lot so that some platting can be done down in the future.  The Historical Society and Fred Hammer, who owns the ground to the south and around this site, are making some agreements that will allow the Historical Society to make some exciting things happen on their site.  They also want to work with the Children’s Museum.  Mr. Hammer also wants to develop the property abutting that site.  That piece of property has been used for crops, which has been successful, but the Historical Society has made the decision to make some changes in the next year or two. 

 

Mayor Blankenship stated that he is aware that Mr. Hammer has been very generous to this community in the past few years.   The City is grateful for Mr. Hammer’s willingness to work with the Children’s Museum and Trails and Rails to make good things happen.  The Mayor also expressed appreciation for Mr. Hammer’s investment in the community.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Larry Nansel, President of the Buffalo County Historical Society (Owner) to rezone from “District RR-1, Rural Residential District (Rural Standards)” to “District R-1, Urban Residential Single-Family District (Low Density)” and “District R-2, Urban Residential Mixed-Density District” property described as Lot 1 Maurer Addition, an addition to the City of Kearney, Buffalo County, Nebraska and part of the West Half of the Northeast Quarter of Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (910 West 11th Street). Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.

 

LAND USE MAP AMENDMENT – 1090 62ND AVENUE

 

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

 

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 Government Lot 2 and accretions in Section 7, and part of accretions located in the Southeast Quarter of the Southeast Quarter of Section 6, all in Township 8 North, Range 16 West of the 6th P.M., containing 8.59 acres, more or less, Buffalo County, Nebraska (1090 62nd Avenue) and to consider Resolution No. 2004-22. Planning Commission recommended approval.

 

The applicant is requesting approval of a one-lot rural residential subdivision located at 1090 62nd Avenue. This tract is being subdivided from a larger tract and since it contains less than 10 acres it must be placed in a subdivision.  This land is currently zoned Agricultural and consists of 8.59 acres.  There is an existing house and several outbuildings on the property.

 

Land Use Map Amendment and Rezoning

The applicant is requesting rezoning from “District AG, Agriculture” to “District RR-1, Rural Residential District”. Before the rezoning can be considered, the Land Use Map of the City of Kearney Comprehensive Development Plan must be amended from “Agricultural” to “Rural Residential”. The residence will continue to be served by individual well and septic systems.

 

Subdivision Plats

The Preliminary Plat and Final Plat consist of a one-lot subdivision containing 8.59 acres. The Preliminary Plat was approved by Planning Commission on January 16, 2004. This a straight-forward proposal to subdivide the existing farmhouse and associated improvements contained on the 8.59 acres within a separate lot from the rest of the surrounding farm land. Seventeen (17) additional feet of road right-of-way is dedicated along 62nd Avenue for a total of 50 feet from centerline since it is a section line road.  A Public Works Plan is not required.  A Subdivision Agreement is not required either.

 

Mitch Humphrey presented this matter to the Council. He stated that this project is a housekeeping issue.  Robert Senior and his wife want to have a sale. Due to the fact that it is within the City’s 2-mile jurisdiction, the City has some control over zoning, platting, etc.  As part of the City’s policy, because it falls on a county road, additional road rights-of-way are being dedicated as part of this project.  The City is thinking ahead about these country roads potentially becoming arterials.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Hadley 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 Government Lot 2 and accretions in Section 7, and part of accretions located in the Southeast Quarter of the Southeast Quarter of Section 6, all in Township 8 North, Range 16 West of the 6th P.M., containing 8.59 acres, more or less, Buffalo County, Nebraska (1090 62nd Avenue) and approve Resolution No. 2004-22. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion carried.

 

RESOLUTION NO. 2004-22

 

            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 Government Lot 2 and accretions in Section 7 and part of accretions located in the Southeast Quarter of the Southeast Quarter of Section 6, all in Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: referring the southeast corner of Government Lot 2 in Section 7 and assuming the east line of Government Lot 2 as bearing N01º49’53”E and all bearings contained herein are relative thereto; thence N01º49’53”E and on the east line Government Lot 2 in said Section 7 a distance of 885.17 feet to the ACTUAL PLACE OF BEGINNING; thence continuing N01º49’53”E and on the east line of Government Lot 2 in said Section 7 (if extended) a distance of 444.93 feet to the northeast corner of Section 7 said point also being the southeast corner of Section 6; thence north on the east line of said Section 6 a distance of 242.10 feet; thence west a distance of 33.0 feet; thence S66º18’W a distance of 173.1 feet; thence S81º50’W a distance of 97.9 feet; thence N85º17’W a distance of 295.81 feet; thence S01º49’53”W and parallel with the east line of Government Lot 2 in said Section 7 a distance of 191.65 feet to a point on the south line of Section 6 said point also being on the north line of said Section 7; thence continuing S01º49’53”W and parallel with the east line of Government Lot 2 in said Section 7 a distance of 450.47 feet; thence N88º40’23”E a distance of 590.0 feet to the place of beginning, containing 8.59 acres, more or less, or which 0.52 acres, more or less, are presently being used for road purposes on the east side, Buffalo County, Nebraska (1090 62nd Avenue), 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 as a tract of land being part of Government Lot 2 and accretions in Section 7 and part of accretions located in the Southeast Quarter of the Southeast Quarter of Section 6, all in Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: referring the southeast corner of Government Lot 2 in Section 7 and assuming the east line of Government Lot 2 as bearing N01º49’53”E and all bearings contained herein are relative thereto; thence N01º49’53”E and on the east line Government Lot 2 in said Section 7 a distance of 885.17 feet to the ACTUAL PLACE OF BEGINNING; thence continuing N01º49’53”E and on the east line of Government Lot 2 in said Section 7 (if extended) a distance of 444.93 feet to the northeast corner of Section 7 said point also being the southeast corner of Section 6; thence north on the east line of said Section 6 a distance of 242.10 feet; thence west a distance of 33.0 feet; thence S66º18’W a distance of 173.1 feet; thence S81º50’W a distance of 97.9 feet; thence N85º17’W a distance of 295.81 feet; thence S01º49’53”W and parallel with the east line of Government Lot 2 in said Section 7 a distance of 191.65 feet to a point on the south line of Section 6 said point also being on the north line of said Section 7; thence continuing S01º49’53”W and parallel with the east line of Government Lot 2 in said Section 7 a distance of 450.47 feet; thence N88º40’23”E a distance of 590.0 feet to the place of beginning, containing 8.59 acres, more or less, or which 0.52 acres, more or less, are presently being used for road purposes on the east side, Buffalo County, Nebraska (1090 62nd Avenue).

            PASSED AND APPROVED THIS 10TH DAY OF FEBRUARY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – 1090 62ND AVENUE

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Robert L. Senior (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 part of Government Lot 2 and accretions in Section 7, and part of accretions located in the Southeast Quarter of the Southeast Quarter of Section 6, all in Township 8 North, Range 16 West of the 6th P.M., containing 8.59 acres, more or less, Buffalo County, Nebraska (1090 62nd Avenue). Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Robert L. Senior (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 part of Government Lot 2 and accretions in Section 7, and part of accretions located in the Southeast Quarter of the Southeast Quarter of Section 6, all in Township 8 North, Range 16 West of the 6th P.M., containing 8.59 acres, more or less, Buffalo County, Nebraska (1090 62nd Avenue). Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.

 

INCLUDE IN CORPORATE LIMITS – 3B DEVELOPMENT ADDITION

 

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

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Roland and Leah Berglund, James Bamford, President for Bamford, Inc. and Stephen J. Beall, President for Central Contracting Corp. (Owners) for the inclusion of “3B DEVELOPMENT ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Government Lots 8 and 9 and accretions located in the Southeast Quarter of the Northeast Quarter of Section 14, Township 8 North, Range 16 West of the 6th P.M., containing 4.86 acres, more or less, Buffalo County, Nebraska (south of 1st Inn Gold Motel and west of Nebraska State Highway No. 44) and to consider Resolution No. 2004-23. (Planning Commission recommended approval.

 

The applicant is requesting approval of a one-lot commercial subdivision located south of 1st Inn Gold Motel and west of Nebraska State Highway 44 along Platte Road, one of the roads leading to the Tri-City Arena. This land is currently zoned C-3 and consists of 4.86 acres.

 

Subdivision Plats

The Preliminary Plat and Final Plat consist of a three-lot subdivision that will contain commercial use, perhaps a convenience store. The Preliminary Plat was approved by Planning Commission on January 16, 2004. The frontage road that runs parallel to Highway 44 is a permanent roadway easement and not a City-owned street. The City will not move snow or perform repairs on the frontage road.  If the City were ever offered the street it would need to be reconstructed to City standards.  The property can be served with municipal water and sanitary sewer.  City staff requests a stormwater management plan since the old Walker drainage channel traverses this site and during periods of heavy rain, can carry significant runoff.

 

Annexation

The proposed subdivision is located adjacent to the city limits and all municipal services are available.  Therefore, if the platting is approved, the property should be annexed into the corporate boundary of the City of Kearney

 

Mitch Humphrey presented this matter to the Council. This site is located on a tract of land that is called the “southern gateway to our City”, which is located adjacent to the City’s interchange south of First Gold Inn, Skeeter Barnes, and the Tri-City Arena.  In developing this property, they want to plat it into three lots and put a retail business there.  This will clean up and dress up the north side of Platte Road

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Roland and Leah Berglund, James Bamford, President for Bamford, Inc. and Stephen J. Beall, President for Central Contracting Corp. (Owners) for the inclusion of “3B DEVELOPMENT ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Government Lots 8 and 9 and accretions located in the Southeast Quarter of the Northeast Quarter of Section 14, Township 8 North, Range 16 West of the 6th P.M., containing 4.86 acres, more or less, Buffalo County, Nebraska (south of 1st Inn Gold Motel and west of Nebraska State Highway No. 44) and approve Resolution No. 2004-23. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2004-23

 

            WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for Roland and Leah Berglund, James Bamford, President for Bamford, Inc. and Stephen J. Beall, President for Central Contracting Corp. (Owners) for the inclusion of “3B DEVELOPMENT ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Government Lots 8 and 9 and accretions located in the Southeast Quarter of the Northeast Quarter of Section 14, 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 said Section 14; thence southerly on the east line of said Section 14 a distance of 1320.0 feet to the northeast corner of Government Lot 8; thence with a deflection angle to the right 87°56’ a distance of 306.1 feet to a point on the west right-of-way line of Nebraska State Highway No. 44; thence with a deflection angle to the left of 138°03’10” a distance of 187.7 feet; thence with a deflection angle to the right 49°49’ and continuing on the aforesaid westerly right-of-way line a distance of 264.37 feet to the ACTUAL PLACE OF BEGINNING; thence continuing southerly on the aforedescribed course a distance of 645.55 feet; thence right 90°18’30” a distance of 375.8 feet; thence right 90°00’ a distance of 496.5 feet; thence right 89°57’30” a distance of 173.07 feet; thence left 90°16’ a distance of 99.95 feet; thence right 72°06’ a distance of 157.6 feet; thence right 18°19’ a distance of 50.0 feet to the place of beginning, containing 4.86 acres, more or less, Buffalo County, Nebraska (south of 1st Inn Gold Motel and west of Nebraska State Highway No. 44); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on January 16, 2004 on the inclusion of “3B DEVELOPMENT 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 “3B DEVELOPMENT 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 February 10, 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 “3B DEVELOPMENT 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 “3B DEVELOPMENT 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 10TH DAY OF FEBRUARY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

FINAL PLAT – 3B DEVELOPMENT ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Roland and Leah Berglund, James Bamford, President for Bamford, Inc. and Stephen J. Beall, President for Central Contracting Corp. (Owners) for Final Plat approval of “3B DEVELOPMENT ADDITION” to the City of Kearney, Buffalo County, Nebraska said property described as a tract of land being part of Government Lots 8 and 9 and accretions located in the Southeast Quarter of the Northeast Quarter of Section 14, Township 8 North, Range 16 West of the 6th P.M., containing 4.86 acres, more or less, Buffalo County, Nebraska (south of 1st Inn Gold Motel and west of Nebraska State Highway No. 44) and approve Resolution No. 2004-24. 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 Mitch Humphrey (Applicant) for Roland and Leah Berglund, James Bamford, President for Bamford, Inc. and Stephen J. Beall, President for Central Contracting Corp. (Owners) for Final Plat approval of “3B DEVELOPMENT ADDITION” to the City of Kearney, Buffalo County, Nebraska said property described as a tract of land being part of Government Lots 8 and 9 and accretions located in the Southeast Quarter of the Northeast Quarter of Section 14, Township 8 North, Range 16 West of the 6th P.M., containing 4.86 acres, more or less, Buffalo County, Nebraska (south of 1st Inn Gold Motel and west of Nebraska State Highway No. 44) and approve Resolution No. 2004-24. Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.

 

RESOLUTION NO. 2004-24

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “3B DEVELOPMENT 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 10TH DAY OF february, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ONE & SIX YEAR STREET IMPROVEMENT PLAN

 

Mayor Blankenship opened the public hearing on the adoption of the One and Six Year Street Improvement Plan and to consider Resolution No. 2004-25.

 

The Nebraska Department of Roads (NDOR) annually requires the City of Kearney to submit a One and Six Year Plan for street improvements. City Administration has submitted the proposed plan and is now at the Public Hearing stage for soliciting input from the Council and citizens.

 

At the January 27, 2004 City Council Meeting the proposed One and Six Year Plans were presented.  Since that meeting the City has included the new signal project for the 25th Street and Avenue E Intersection on the One Year Plan.  The proposed plan incorporates street improvements from the previous Six Year Plan, various new improvements related to community development, and other street/reconstruction needs.

 

Transportation Superintendent Gary Story presented this matter to the Council. He presented the proposed 2004 One and Six Year Plans as follows:

 

PROPOSED ONE YEAR PLAN

 

  Project                                                                                           Estimated       Estimated

  No.                 Location                                                                   Total Cost       City Cost

 

115

30TH AVENUE FROM HIGHWAY 30 TO 39TH STREET 5200'

$1,300,000

$1,000,000

213

UNIVERSITY DRIVE AND LAKEVIEW DRIVE NTERSECTION

$60,000

$60,000

286

NORTH RAILROAD STREET FROM CENTRAL AVENUE TO AVENUE B

$460,000

$460,000

287

21ST STREET AND CENTRAL AVENUE INTERSECTION

$50,000

$50,000

288

22ND STREET AND CENTRAL AVENUE INTERSECTION

$50,000

$50,000

289

23RD STREET AND CENTRAL AVENUE INTERSECTION

$50,000

$50,000

290

24TH STREET AND CENTRAL AVENUE INTERSECTION

$50,000

$50,000

301

30TH AVENUE FROM HIGHWAY 30 (24TH STREET) TO LACROSSE DRIVE 1750'

$530,000

$330,000

362

63RD STREET FROM AVENUE N EAST 330'

$77,000

$.00

363

6TH STREET FROM AVENUE D EAST 1260'

$280,000

$.00

364

48TH STREET FROM COUNTRY CLUB LANE WEST 600'

$154,000

$.00

365

48TH STREET PLACE FROM COUNTRY CLUB LANE EAST 270' CUL DE SAC

$77,000

$.00

366

COUNTRY CLUB LANE FROM 140' SOUTH OF 48TH STREET TO 180' NORTH OF 48TH STREET, 380'

$85,000

$.00

367

AVENUE O PLACE FROM 63RD STREET NORTH 180' CUL-DE-SAC

$50,000

$.00

368

AVENUE O PLACE FROM 63RD STREET SOUTH 180' CUL-DE-SAC

$50,000

$.00

369

49TH STREET PLACE FROM 19TH AVENUE EAST 600' CUL-DE-SAC

$90,000

$.00

370

60TH STREET FROM 1ST AVENUE TO 2ND AVENUE 460'

$140,000

$20,000

371

65TH STREET FROM 2ND AVENUE EAST 600'

$184,000

$24,000

372

1ST AVENUE FROM 60TH STREET TO 65TH STREET 1600'

$410,000

$60,000

373

17TH AVENUE FROM 137' SOUTH OF 15TH STREET PLACE TO 137' NORTH OF 15TH STREET PLACE 334'

$111,000

$16,000

374

15TH STREET PLACE WEST 180' CUL- DE-SAC

$40,000

$.00

375

La PLATTE ROAD FROM MEADOWLANE NORTH 650'

$145,000

$15,000

376

WILLOW LANE FROM LaPLATTE ROAD SOUTH 120' CUL-DE-SAC

$35,000

$.00

377

50TH STREET FROM 700' EAST OF 19TH AVENUE TO 120' WEST OF 22ND AVENUE 1760'

$430,000

$.00

378

19TH AVENUE FROM 130' SOUTH OF 50TH STREET TO 130' NORTH OF 50TH STREET, 260'

$50,000

$.00

379

21ST AVENUE FROM 50TH STREET NORTH 130'

$35,000

$.00

380

22ND AVENUE FROM 50TH STREET SOUTH 130'

$35,000

$.00

382

39TH STREET AND AVENUE A SIGNAL

$150,000

$150,000

383

25TH STREET AND AVENUE E SIGNAL

$80,000

$40,000

384

14TH STREET FROM 17TH AVENUE TO 115’ E OF 17TH AVENUE

$15,000

$.00

 

 

PROPOSED SIX YEAR PLAN

 

  Project                                                                                           Estimated       Estimated

  No.                 Location                                                                   Total Cost       City Cost

 

143

25TH STREET (HIGHWAY 30) FROM AVENUE B TO AVENUE E

$275,000

$75,000

166

39TH STREET FROM AVENUE A TO 2ND AVENUE 1400'

$2,000,000

$2,000,000

170

39TH STREET AND 17TH AVENUE INTERSECTION

$300,000

$300,000

237

60TH STREET FROM 4TH AVENUE WEST 450'

$90,000

$20,000

245

COUNTRY CLUB LANE FROM 35TH STREET TO 39TH STREET 1200'

 

$370,000

 

$150,000

267

39TH STREET FROM 2ND AVENUE TO 6TH AVENUE

$1,000,000

$1,000,000

268

CHERRY AVENUE INTERSTATE INTERCHANGE & CHERRY AVENUE TO GLENWOOD

 

$20,000,000

 

$4,000,000

293

48TH STREET FROM 6TH AVENUE TO PARKWOOD LANE 1650'

 

$400,000

 

$100,000

294

48TH STREET FROM PARKWOOD LANE TO 17TH AVENUE 1900'

 

$470,000

 

$120,000

300

RAILROAD GRADE SEPARATION OVERPASS - LOCATION DETERMINED BY STUDY TO BE 17TH AVENUE JUST EAST OF TAILRACE

 

 

$11,000,000

 

 

$11,000,000

341

11TH STREET FROM 1ST AVENUE TO 7TH AVENUE 2100'

$800,000

$800,000

360

56TH STREET FROM AVENUE N TO AIRPORT  13500’

$3,500,000

$3,500,000

361

29TH STREET AND 5TH AVENUE INTERSECTION

$160,000

$160,000

381

AVENUE N NORTH 135’ TO 1700’ NORTH OF EASTBROOKE DRIVE

 

$800,000

 

$800,000

 

Gary Story, Transportation Superintendent, stated that since the last meeting, there have been a couple of additions to the One Year Plan.   A couple of calls were received about Project No. 383, which is the 25th Street and Avenue E intersection remodel and the traffic signal.  This project is in the process of being designed by the State. It was decided to put it in the plan because people were wondering why it was not there and has caused some confusion.  Project No. 384 is 14th Street from 17th Avenue to 115 feet east of 17th Avenue, which is an additional development project.  There are no changes to the Six-Year Plan.

 

Discussion was held on installing signals at University Drive and Lakeview Drive intersection and the 39th Street and Avenue A intersection. There will have to be traffic studies done and if the warrants are not there, the City will have to look at other alternatives. He wanted to clarify to the public that if the warrants are not there, then the City cannot put in the signals.  He believed some of the accidents that have happened on 39th Street and Avenue A could warrant a signal; however, there will need to be a redesign of both of those intersections. 

 

Rod Wiederspan, Director of Public Works, stated they needed to realign the site line on Lakeview Drive to be able to see over that hill and alleviate some of the safety concerns without doing a full-blown signal.   The concern about a signal at the top of the hill is although people can see the signal; they might not be able to see a vehicle sitting there.  This could cause rear end collisions at the intersection. The site line also needs to be redesigned on 39th Street because of the hill.

 

Council Member Hadley asked if the Council could receive a report of the completed projects on the One Year Plan so that they know if projects are getting done. City Manager stated that if a project is on the One Year Plan it will be done, in fact some are already completed.  Mr. Story stated that occasionally there are projects that get delayed such as the brick intersections in downtown because they were uncertain how to do the design. 

 

City Manager also stated that part of the consideration of the One Year Plan is budgetary.  There are a limited amount of gas tax dollars available.  Basically, the projects are prioritized and put on the One Year Plan when the City can afford to do them.  Mr. Story stated they are required to file a detailed State report for each of these projects documenting the progress.  If the State sees a project on the report from year to year, then they would question the reason why. 

 

Mayor Blankenship stated there have been many comments about the 30th Avenue project because it is badly needed, but it is going to be a juggling act to make it all work. The YRTC has a limited amount of entrances and exits, as well as the residences in the area.  Director of Public Works stated that the City is moving into this project rather quickly because the box culvert has to be put in before the water is in the canal.  This has moved the project ahead of their meeting with the public.  They will be lining up a neighborhood meeting perhaps at the golf course clubhouse and invite the neighbors out to walk through that project.  There will be a lot of phasing about how to get to YRTC and the Highland Park area in particular.   The Central Avenue project was unique because the City had 100 foot of right-of-way which allowed room to build frontage roads on both sides to keep access to the businesses.  On 30th Avenue the City does not have the luxury of that wide of a right-of-way so there will be a period when Highland Park will have to get access from the north while working on the south portion paving.  After that they will shift to the north and open up the south portion. The plan is to work on getting YRTC access through the golf course road during the project.  The two residences and the insurance company will have some temporary access one way or the other. They will make certain that the businesses and residences have access. 

 

On the Six Year Plan, Council Member Clouse asked if the developers would be assessed for Bel Air area and 65th Street coming across from the west to the east.  Director of Public Works stated it will go out to a bridge area on Avenue N (out to that structure) and will be annexed into the City limits at that time.  This road is considered an arterial so the R-1 zoning will not get assessed. 

 

Council Member Hadley asked if 56th Street will go all the way to the Airport Road.  City Manager stated that this is on the County’s One and Six Year Plan since it is outside the City limits.  The County did put 56th Street all the way to Airport Road.  Mr. Story will meet with the County about the plans they adopted at their meeting earlier in the day and compare. 

 

Mayor Blankenship stated that the warrants are dictated by the State and are based on traffic counts, accidents, and citizen comments.  Director of Public Works added that signals are determined for all states and municipalities as stated in the Federal Traffic Control Manual.  If a signal were to be placed without being warranted, the City would be liable for accidents at that intersection.  Mayor Blankenship commented that the City has very little control over liquor licenses and traffic signals.

 

Council Member Kearney stated he had received calls regarding the Avenue M/N Overpass connecting onto 27th Street because traffic stacks up there.  Director of Public Works stated this is one of the intersections that will have a traffic study for a signal or some form of traffic control because a number of complaints have been received about that intersection.  Olssen and Associates are doing some studies for the City now and either the City will look at them in house or have Olssen review to see if they meet any warrants.  Director of Public Works stated there are a number of signals and intersections that are trouble spots, but are not on the One Year Plan because we are not sure what the fix is for them at this time.  These sites will continue to be monitored and counts taken on them. 

 

Director of Public Works also stated that Olssen and Associates is working on the overall traffic plan and one of the components that will be done next is looking at all of the lights on 2nd Avenue and the speed limits.  The City will have a joint project with the State to see what can be done on 2nd Avenue

 

City Manager stated that a query had been made about the signal at 48th Street and 2nd Avenue because there are no left turn arrows.  Director of Public Works stated this was one intersection that did not warrant arrows at an earlier time but with the added traffic there, it probably will be warranted now. When 48th Street was first put in it did not connect with 6th Avenue, but now a lot of traffic is using 48th Street to bypass 2nd Avenue and 39th Street and he believed the numbers would probably warrant that now.  This will be taken to the State.      

 

Marvion Reickert, Rolling Hills, voiced his concern that Highway 30 is a dangerous highway.  He heard that the State is going to make a bypass around Sheen’s Trailer Court to alleviate the traffic from Cottonmill Road and Rolling Hills.  Mayor Blankenship stated he had attended a neighborhood meeting out there some time ago and heard nothing about such a proposal.  Mayor Blankenship added that he shares the frustration about the dangerous situation on west Highway 30 and knows the State is doing some things now about speed limits in that area and perhaps some signals.  Director of Public Works stated that the State is programming the next phase of making a 4-lane going west at least out to Cottonmill Road.  He was not sure where they are in that program, but have heard from a couple of different engineering firms that they are putting together proposals. 

 

Cole Spresser, Director of Community Relations UNK Campus Student Government, stated that he took the issue of a traffic signal at University Drive and Lakeview Drive to the members of the student government.  They had some discussion about it and they agreed that because it is a high traffic street that intersection is dangerous.  They also agreed they did not believe that a traffic signal would improve the situation very much especially in the winter with icy conditions. There are times of high-density traffic on that road such as UNK football and basketball games, when lights might cause more of a traffic flow problem than it would help.  Their suggestion was to improve the vision from Lakeview Drive if it can be done.

 

City Engineering Assistant Bruce Grupe stated that there are actually nine warrants by the NTCD Manual regarding site distance, which determines whether a signal can be put in or not.  That is how this signal got proposed.  He believed the better thing to do is to realign the intersection without a signal so they would have the sight distance.  One of the problems is that the intersection cannot be moved over too far because of the dam structure of the lake.  They are just starting to look at this to find the best possible option for this site.  It could be realignment, a signal, or both.  They have even entertained some traffic circle options. 

 

Lean Brandt, 100 Brandt’s Lakewood, stated there has not been much publicity about exits off of I-80.  He stated that he is against the proposal to put the exit on Cherry Avenue.  He believed this would require widening of  the bridge over the canal and hard surfacing of roads all the way up to Glenwood Corners (approximately 8½-9 miles) with paving or asphalt at a considerable cost.  He said that he assumes that the City would have to address the situation of getting traffic over Highway 30 and the railroad tracks which will require another overpass at some point and time.  This in turn would require some type of a cloverleaf to get traffic back onto Highway 30 or some type of ingress/egress road.  Another fact is that Cherry Avenue deadheads into a school.  He also assumed that the City would have to hard surface some roads from where the paving stops on 11th Street to Cherry Avenue.  He understood that the County Board has discussed that 56th Street would also have to be hard surfaced from where it stops on Avenue N.  This is a considerable amount of hard surfacing of the roads.  This would also require some type of signal on 39th Street and Cherry Avenue because of the amount of traffic. He also pointed out that there is an exit on the Minden Interchange which is not very far down the road from there.  Mr. Brandt stated that he understands that this decision is up to the State on where that exit is going to be. 

 

Mr. Brandt stated he believed that the exit should go on Keawest Road because there is already an overpass over the railroad tracks. On Highway 30, you are not immediately on the highway after getting over the tracks like you would be on Cherry Avenue.   There is already a stop light on 30th Avenue.  If there was a 17th Avenue overpass sometime in the future, by getting off on Keawest Road, people would have the option to go right and get to the University or go left and do the 30th Avenue Overpass that is already there.  11th Street is already paved, 56th Street is already paved, the overpass is done and he believed this would greatly benefit the Tri-City Arena with their traffic flow.  30th Avenue is already hard surfaced except for a half mile from that overpass all the way to Highway 40.  Cherry Avenue is further away from the central business district than 30th Avenue, which is also closer to the users of the golf course.  He stated that his biggest concern is the City sewage treatment plant which occasionally puts off an odor which he believed would reflect badly on visitors coming into Kearney from that direction.

 

Mayor Blankenship stated the State has identified the Cherry Avenue exit as the next one, but the 30th Avenue will be the west one.  City Manager stated that the City of Kearney needs both exits and the fact is that Cherry Avenue should have been done by now and we should be talking about 30th Avenue.  He stated even if the City were to change horses now and decides to change to 30th Avenue, it would take 6-7 years just to get where we are now on Cherry Avenue because of all the environmental studies which have taken a tremendous amount of time and study.  He believed it should not be a question of either/or but a question of how to do both.

 

Council Member Hadley suggested that a map be made showing the progress the City has made in upgrades and developments in the past ten years.  There has been a big investment in streets in Kearney because we are a growing city.  Director of Public Works stated that a couple of years ago they had done such a map and another could be done to show the areas of growth.  He said amazingly it was in all quadrants of the community.

 

Moved by Kearney seconded by Clouse to close the hearing and adopt the One and Six Year Street Improvement Plan and approve Resolution No. 2004-25. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion carried.

 

RESOLUTION NO. 2004-25

 

            WHEREAS, the City of Kearney, Nebraska is required by Section 39-2119 of the Nebraska Revised Statutes to adopt a One and Six Year Street Improvement Program.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, at a Public Hearing held at approximately 7:30 p.m. on February 10, 2004, in the Kearney City Council Chambers that the One Year City Street Plan for fiscal year ending July 31, 2005 and the Six Year City Street Plan ending July 31, 2010, are hereby adopted as listed on the Summary of One Year Plan and the Summary of Six Year Plan, marked as Exhibit “A” attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 10TH DAY OF FEBRUARY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Clouse seconded by Hadley that Subsections 1 through 4 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held January 27, 2004 and the Minutes of the Special Emergency Meeting held January 28, 2004.

 

2.         Approve the following Claims: 3M MDY 9704 $2,530.00 Su; Ace Hardware $112.97 Various; Advance Auto Parts $1.67 Su; Air Side Components $85.00 Rep; Alliance Medical $433.66 Su; Alltel $2,658.83 Serv; Amazon.Com $20.93 Bks; Amer Assoc of Airprt Exec $325.00 Reg; Amer Backflow Prev Assoc $80.00 Tr; Amer Electric $1,676.29 Various; Anderson, T $80.00 Ref; Anixter $370.44 Su; Applebee's $80.00 Su; Appliance Service Center $1,310.00 Various; Ask Supply $147.68 Inv; Aspen Publications $190.31 Su; AT&T $84.83 Serv; Baer, R $9.86 Ref; Baker & Taylor $3,086.82 Bks; Bamford $994.18 Rep; Baumgartner, J $22.16 Ref; Beattie, K $114.70 Ref; Blue Cross Blue Shield of NE $41,335.90 Claims; Bobs Super Store $60.66 Su; Bob's Total Service $49.95 Inv; Books on Tape $12.00 Bks; Bosselman Oil $22,403.48 Inv; Boundaries Publications $40.00 Bks; Bowman, R $9.97 Pc; Broadfoot Sand $1,412.50 Su; Broderbund Software $54.99 Su; Bruha, S $300.00 Tr; Buffalo Co Planning & Zoning $25.00 Permit; Buffalo Co Reg of Deeds $55.50 Various; Buff. Co Treasurer $11,250.00 Legal; Buggy Bath Car Wash $63.50 Rep; Builder's $1,698.84 Various; Buzzs Marine  $223.00 Su; Call One $156.70 Su; Canada Life Assur $1,737.91 Prem; Canal Bank $77.20 Rep; Capstone Press $484.40 Bks; Career Track $139.00 Tr; Carlos O'Kelly's $40.00 Su; Casey's General Store $6.45 Su; Cash Wa $21.72 Su; CDW $1,248.90 Various; CED Ent Electric $104.90 Rep; Cellar Bar & Grill $60.00 Su; Central Comm College $132.00 Tr; Central Fire $92.90 Various; Central Hydraulic Systems $165.73 Inv; Central NE Bobcat $1,285.57 Inv; Charter Communications $43.55 Serv; Charter Media $400.00 Serv; Charter Paging $21.92 Serv; City of Ky $1,253.96 Various; CLH $309.00 Serv; Clifford of Vermont $714.00 Su; Clouse, R $37.40 Ref; CMI $94.24 Su; CODI $75.00 Serv; Cold Spring Granite $162.00 Su; Compass Point $270.35 Bks; Complete Music $255.00 Su; Computer Hardware $286.90 Su; Computer Pros $93.65 Su; Construction Rental $121.31 Various; Control Masters $920.00 Rep; Cool Tech Comm Refrigeration $2,335.00 Equip; Copycat Printing $100.07 Su; Corporate Express $198.55 Su; Crossroads Ford $233.55 Inv; Culligan $71.25 Various; D&D Investment $66.54 Ref; Daniels, D $14.59 Ref; Dawson Co PPD $157.07 Serv; Dell $25,102.16 Equip; Development Council $917.44 Serv; Diamond Vogel Paints $260.90 Su; Dog Fancy Magazine $14.99 Bks; Don's Pioneer Uniforms $562.90 Cla; Double M Farms $2,000.00 Compost; Dowhy, P $26.90 Ref; Dubs $24.99 Inv; Dutton-Lainson $7.53 Inv; Eakes $616.41 Su; Eastman, R $17.25 Ref; Easy Picker Golf $139.76 Su; Ecolab $26.00 Su; EDM Equipment $66.24 Su; Eileen's Colossal Cookie $13.50 Su; Elliott Equipment $142.90 Inv; Emblem Entr $987.35 Su; Engels Glass Design $30.00 Su; Envirotech Services $2,829.87 Su; Expression Wear $227.00 Su; Facts on File $853.49 Bks; Fairbanks Int'l $664.30 Various; Farm Plan $545.13 Rep; Farmers Union Coop $760.00 Serv; Fastenal $487.02 Inv; Fire Engineering $19.95 Bks; Fireguard $35,261.22 Equip; Fred Pryor/Careertrack $129.00 Tr; Frontier $1,473.62 Serv; Frontierair $316.50 Tr; Fun Time Hobby $34.06 Ref; Gallery $1,024.06 Su; Galls $167.32 Incentives; German, A $31.26 Ref; Goody Square $586.00 Equip; Gordon's Small Engine Repair $127.71 Serv; Grainger $365.82 Su; Gronewoller, S $133.95 Tr; Grupe, B $215.41 Tr; Guideposts $16.94 Bks; H&G Cleaners $529.34 Serv; Hanson, C $71.15 Ref; Hastings $20.00 Su; Highsmith $71.24 Su; Hinrichs, S $31.85 Reim; Hobby Lobby $24.13 Su; Holiday Stationstore $20.00 Su; Holmes Plbg $336.15 Rep; Holmes, A $25.12 Ref; Hurricane Fence $625.00 Equip; Interstate All Battery $87.13 Su; Int'l Code Council $30.00 Serv; Intoximeters $161.50 Su; Invensys Metering Systems $1,000.00 Serv; ISDN $14.95 Su; Jack Lederman $668.84 Various; James, D $300.00 Tr; JJE $249.00 Rep; JR's Western $103.10 Cla; K&K Auto Parts $265.69 Inv; K Mart $67.59 Su; Kalba, R $136.48 Tr; Ky Area Chamber of Commerce $38,404.54 Taxes; Ky Area Solid Waste Agency $58,744.79 Tipping Fees; Ky Clinic $136.00 Serv; Ky Concrete $1,563.29 Su; Ky Crete $3.30 Su; Ky Hub $129.50 Bks; Ky Implement $349.28 Equip; Ky Truck Parts $35.00 Su; Ky Whse $388.10 Su; Ky Winlectric $74.48 Su; Ky Yamaha $275.95 Various; Kelly Electric $10.12 Rep; Kewanna Screen Print $477.80 Su; Killion Motors $417.44 Inv; Kooyman, R $200.00 Reim; Krohn, S $8.37 Ref; Kustom Signals $6,298.00 Equip; L&W Tires $14.94 Su; Lakeland Engineering $31.45 Inv; Lamp, Rynearson & Assoc $116.00 Serv; Lang, L $123.58 Tr; Lavington, K $10.18 Ref; League of NE Municipalities $354.00 Tr; Lerner Publishing $33.90 Bks; Linda's Uphostery $230.99 Su; Linweld $213.76 Various; Lockmobile $2.00 Su; Londer, P $41.83 Ref; Lookout Books $118.65 Bks; Lowe, S $660.00 Serv; Lynaugh, J $53.48 Tr; Machines & Media $142.00 Su; Magicbox $130.00 Su; Mail Express $13.89 Pstg; Martinosky, M $50.00 Reim; Mashek, J $28.96 Ref; Mid American Specialties $258.90 Su; Mid State Engineering $1,724.00 Serv; Middleton Electric $1,032.39 Serv; Mid-NE Lubricants $2,191.20 Equip; Midwest Turf $467.00 Su; Mieth, T $45.30 Cla; Miller & Associates $39,441.10 Serv; Miller Signs $546.66 Su; Momar $95.73 Tools; Morris Press $485.00 Su; Mosbarger, B $200.00 Reim; Mr. Automotive $2,557.31 Various; Municipal Supplies $1,605.98 Various; NAPA $2,452.18 Various; Nat'l Fire Protection $98.09 Bks; Nat'l Water Works $2,156.89 Inv; NE Board of Engineers $90.00 Fees; NE Cemetery Association $40.00 Dues; NE Crime Commission $6.00 Rep; NE Dept of Env Quality $150.00 Renewal; NE Inst of Forensic Sciences $300.00 Tr; NE Rural Water Association $215.00 Tr; NE American Legion $63.90 Rep; NE Truck Center $44.92 Inv; NE Turf Grass $790.00 Fees; New World Systems $400.00 Serv; Newman Signs $174.69 Various; NGCSA $150.00 Dues; Northern Safety $126.88 Rep; Northwest Electric $70.99 Rep; Northwestern $14,578.06 Serv; Northwestern Universtity $8,311.00 Tr; Novus Windshield Repair $31.50 Su; Office Depot $615.11 Su; Office Max $621.26 Su; Officenet $1,398.36 Su; Olsson Associates $13,889.70 Serv; On Site Mobile Sharpening $107.89 Various; O'Reilly $33.17 Inv; Oriental Trading $48.72 Su; Orscheln Farm $100.10 Various; Overhead Door $50.00 Su; P.E.P. $48.67 Rep; Paradign Ins Group $19,199.15 Prem; Pat's Plbg $403.41 Su,Rep; Pet Kingdom $11.44 Inv; Petersen, J $19.21 Ref; Platte Valley Communications $697.73 Serv; Platte Valley State Bank $100.00 Bonds; Postmaster $315.00 Pstg; PowerPlan $383.48 Rep; Preferred Mail $127.93 Pstg; Presto-X $73.00 Rep; Priority Mgt System $89.10 Su; Prochaska, J $15.23 Ref; Promiss Testing Centers $195.00 Tr; Quill $189.44 Su; R&R Products $191.07 Su; Radio Shack $17.98 Su; Reams Sprinkler Supplies $87.14 Su; Record Printing $15.00 Bks; Recorded Books $154.45 Bks; Redman's  $106.48 Cla; Reilly, K $34.05 Ref; Russell, S $16.60 Ref; Sagebrush $151.94 Bks; Sahling Kenworth $34.99 Inv; Sall, B $805.14 Ref; Sam's Club $192.72 Bks; Schade, A $34.08 Ref; Scholastic Library Publications $105.30 Bks; School Dist #7 $1,408.55 Remitt; See Clear Cleaning $1,950.00 Serv; Sheraton Hotels $289.78 Tr; Sherwin Williams $137.84 Su; Shirt Shack $1,079.70 Su; Shundoff, J $36.82 Ref; Simmerman Electric $293.41 Rep; Sirchie Finger Print Lab $451.75 Su; Skate Grindline Parks $2,500.00 Serv; Smith, J $32.65 Ref; Solid Waste Equipment $19,000.00 Containers; Spencer, J $27.26 Ref; Sports Village $98.82 Su; St of NE DAS Communications $156.64 Serv; Stocker, K $11.00 Tr; Story, G $10.35 Tr; Sun Development $16.29 Ref; Supanchick, A $7.11 Ref; Super Shine $149.00 Rep; Sydney's $40.00 Su; T&B Cleaning Svcs. $1,100.00 Serv; Target $296.17 Su; Teamsoftware Solutions $104.00 Su; Thomson Healthcare $72.95 Bks; Tollefsen Elliott $735.25 Su; Tool Doctor $39.20 Rep; Totalbarcode.Com $15.60 Su; Tractor Supply $1,440.17 Various; Tri-City Outdoor Power $39.20 Inv; Twin Valley Communications $138.21 Rep; U Save Foods $7.96 Su; Union Oil $507.17 Inv; United Air $419.00 Tr; UNL Pesticide Education $55.00 Su; UPS $12.55 Pstg; Upstart $21.20 Su; Urbanek, T $53.48 Tr; USDA/APHIS License Fee $10.00 Su; USPS $56.33 Pstg; Utility Equipment $722.44 Inv; Vel Co $14.24 Ref; Viking Office Products $166.07 Rep; Village Cleaners $510.08 Serv; Walgreens $6.56 Su; Wallinger, S $66.93 Ref; Walmart Supercenter $4,619.50 Various; Wasserburger, J $10.18 Ref; Wellman, P $83.44 Cla; Westfall $58.78 Inv; Whiskey Creek $60.00 Su; Wilke Donovans True Value $348.48 Su; Willis Shoe $181.62 Rep; Wilson Leather $55.08 Ref; Young's $49.85 Rep; Zimmerman Printers $388.00 Various; Payroll Ending 1-24-2004 -- $238,052.45.  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 Daniel Pritchard on behalf of Clyde & Vi’s Campground to extend the permit allowing the manufactured home located at 300 3rd Avenue for a period of one year.

 

4.         Approve the Application for a Special Designated License submitted by JCB ENTERPRISES, INC., dba “Bill’s Liquor” in connection with their Class C/K-39105 Catering Liquor License to dispense beer, wine and distilled spirits at the Great Platte River Road Memorial Archway Monument, 3060 East 1st Street, on February 28, 2004 from 3:00 p.m. until 1:00 a.m. for a club dance.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7027 – REZONING; 910 WEST 11TH STREET

 

Council Member Hadley introduced Ordinance No. 7027, being Subsection 1 of Agenda Item VI to rezone from “District RR-1, Rural Residential District (Rural Standards)” to “District R-1, Urban Residential Single-Family District (Low Density)” and “District R-2, Urban Residential Mixed-Density District” property described as Lot 1 Maurer Addition, an addition to the City of Kearney, Buffalo County, Nebraska and part of the West Half of the Northeast Quarter of Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (910 West 11th 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 Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Blankenship, 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. 7027 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 Buschkoetter seconded by Blankenship that Ordinance No. 7027 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. 7027 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. 7028 – VACATE PORTION OF MAURER ADDITION AND CENTENNIAL SUBDIVISION

 

Council Member Hadley introduced Ordinance No. 7028, being Subsection 2 of Agenda Item VI to vacate Lot 1, Maurer Addition to the City of Kearney and Lots 18, 19, 20, 21 of Block 1, Centennial Subdivision to the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Blankenship, 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. 7028 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 Buschkoetter seconded by Blankenship that Ordinance No. 7028 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. 7028 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 – HAMMER-McCARTY ADDITION

 

Mayor Blankenship the application submitted by Mitch Humphrey for Larry Nansel, President of the Buffalo County Historical Society for final plat approval of “HAMMER–McCARTY ADDITION” will be tabled until February 24, 2004 to allow for the preparation of an easement/agreement being presented to the City identifying a detention cell and a drainage way to the North Channel of the Platte River.

 

Moved by Blankenship seconded by Kearney to table until February 24, 2004 the application submitted by Mitch Humphrey (Applicant) for Larry Nansel, President of the Buffalo County Historical Society (Owner) for final plat approval of “HAMMER–McCARTY ADDITION” to the City of Kearney, Buffalo County, Nebraska (between 10th Street and 11th Street and west of 7th Avenue). Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion carried.

 

ORDINANCE NO. 7029 – REZONING; 1090 62ND AVENUE

 

Council Member Kearney introduced Ordinance No. 7029, being Subsection 4 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 part of Government Lot 2 and accretions in Section 7, and part of accretions located in the Southeast Quarter of the Southeast Quarter of Section 6, all in Township 8 North, Range 16 West of the 6th P.M., containing 8.59 acres, more or less, Buffalo County, Nebraska (1090 62nd 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 Clouse seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7029 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None.  Motion carried. Ordinance was read by number.

 

Moved by Clouse seconded by Hadley that Ordinance No. 7029 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. 7029 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 – SENIOR SUBDIVISION

 

Mayor Blankenship opened for discussion the application submitted by Mitch Humphrey (Applicant) for Robert L. Senior (Owner) for final plat approval of “SENIOR SUBDIVISION” of Buffalo County, Nebraska (1090 62nd Avenue) and to consider Resolution No. 2004-27 subject to the effective date of Ordinance No. 7029. Planning Commission recommended approval.

 

Moved by Hadley seconded by Buschkoetter to approve the application submitted by Mitch Humphrey (Applicant) for Robert L. Senior (Owner) for final plat approval of “SENIOR SUBDIVISION” of Buffalo County, Nebraska (1090 62nd Avenue) and approve Resolution No. 2004-27 subject to the effective date of Ordinance No. 7029. Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.

 

RESOLUTION NO. 2004-27

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “SENIOR SUBDIVISION” a subdivision being part of Government Lot 2 and accretions in Section 7, and part of accretions located in the Southeast Quarter of the Southeast Quarter of Section 6, all in 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 10TH DAY OF FEBRUARY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ORDINANCE NO. 7030 – VACATE PORTION OF BRANDT’S LAKEWOOD SUBDIVISION AND BRANDT’S LAKEWOOD 7TH SUBDIVISION

 

This agenda item and the next item were discussed together but voted on separately.

 

The applicant is requesting approval of a one-lot residential subdivision located north of Fruitwood Street in Brandt’s Lakewood Subdivision on the south side of the Platte River. This lot actually abuts the south bank of the Platte River. In order to meet the size and location requirements for the future owner, the Developer is going to vacate parts of two existing lots so the property can be combined into one lot. This land is zoned “RR-2, Rural Residential, Intermediate Standards”.

 

Vacation

Lot 1 of Block 1, Brandt’s Lakewood Subdivision and Lot 1 of Block 1, Brandt’s Lakewood 7th Subdivision must be vacated so that the property can be replatted as Brandt’s Lakewood 8th Subdivision.

 

Subdivision Plats

The Preliminary Plat and Final Plat consist of a one-lot subdivision along the south bank of the Platte River. The Preliminary Plat was approved by Planning Commission on January 16, 2004.

 

Although not shown on the plat, staff suggested to the Planning Commission that a 15-foot setback from the high bank line of the river shall be maintained on the north side of the lot. The owner would like to build a deck in this area. Therefore, Planning Commission discussed the options available and decided that due to the uniqueness of the lot and its location, the Board of Adjustment could consider the case and possibly grant a variance to the side yard requirement.

 

The lowest finish floor elevation must be at least one foot above the base flood elevation. The previously approved private access road to the west remains unaffected. A Public Works Plan is not required. The house will be connected to the existing sewage package plant. Water will be provided by an individual well. A Subdivision Agreement is not required.

 

Mitch Humphrey presented this matter to the Council.  He stated this is a piece of property that consists of two lots.  What they want to do is to vacate a couple of lots, combine them, and add some unplatted ground to it.                      

 

Council Member Buschkoetter introduced Ordinance No. 7030, being Subsection 6 of Agenda Item VI to vacate Lot 1 of Block 1, Brandt’s Lakewood Subdivision and Lot 1 of Block 1, Brandt’s Lakewood 7th Subdivision, all in Kearney County, Nebraska (north of Fruitwood 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, Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7030 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None.  Motion carried. Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 7030 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7030 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 – BRANDT’S LAKEWOOD 8TH SUBDIVISION

 

Mayor Blankenship opened for discussion the application submitted by Mitch Humphrey (Applicant) for James Gregory and Tamara Brandt (Owner) for final plat approval of “BRANDT’S LAKEWOOD 8TH SUBDIVISION” to the City of Kearney, Kearney County, Nebraska and to consider Resolution No. 2004-28 subject to the effective date of Ordinance No. 7030. Planning Commission recommended approval.

 

Moved by Kearney seconded by Clouse to approve the application submitted by Mitch Humphrey (Applicant) for James Gregory and Tamara Brandt (Owner) for final plat approval of “BRANDT’S LAKEWOOD 8TH SUBDIVISION” to the City of Kearney, Kearney County, Nebraska and approve Resolution No. 2004-28 subject to the effective date of Ordinance No. 7030. Roll call resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2004-28

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “BRANDT’S LAKEWOOD 8TH SUBDIVISION” a subdivision being part of accretions to Government Lot 2 in Section 23, Township 8 North, Range 16 West of the 6th P.M., Kearney 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, Kearney 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 10TH DAY OF FEBRUARY, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

OPEN ACCOUNT CLAIMS --      NEBRASKA PUBLIC POWER DISTRICT -- $69.41

 

Moved by Hadley seconded by Buschkoetter that Open Account Claims in the amount of $69.41 payable to Nebraska Public Power District be allowed. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley. Nay: None. Clouse abstained. Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Blankenship that Council adjourn at 8:45 p.m. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse. Nay: None. Motion carried.

 

 

ATTEST:                                                                       BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK