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Kearney, Nebraska

March 9, 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 March 9, 2004, in the Council Chambers at City Hall.  Present were:  Bruce L. Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Stan Clouse, Galen Hadley, Don Kearney.  Absent: None.  G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present.  Some of the citizens present in the audience included: Lynn Miller, Ron Ridgway, Mitch Humphrey, Marv Reichert, Tom Henning, Bobby Turner, Casey Illian, Bruce Kleint, Davin Jones, 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

 

Reverend Ken Fairbrother from Countryside Christian Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Eric Warren, Brad Carr, Hans Hermann from Troop 158 led the Council members and audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS – UPDATE ON AIR SERVICE

 

Tom Henning from the Kearney Area Chamber of Commerce Air Transportation Task Force stated that the essential air service contracts that are negotiated with the Department of Transportation and Great Lakes to run the routes from Kearney to Denver have expired.  They are in the process of being rebid.  One of the major components of that bidding process is a request by the Department of Transportation for the Mayors of all of those EAS communities (of which there are six) and the Airport Managers to respond to them with their preferences as to which routes and carriers they would like to have to provide service.  He presented the recommendation from the Air Transportation Committee as to the route and carrier.

 

Mr. Henning began by giving some background on the Air Transportation Committee. The Air Transportation Committee is a subcommittee of the Transportation Task Force that was formed by the Kearney Area Chamber of Commerce in 1993.  During the past ten years, the Committee has been having meetings on a regular basis.  During the past five years, they have met on a more regular basis.  Since June 13, 2003, they have had 47 meetings. 

 

This has been in effort to enhance the enplanements at the Kearney Airport and develop a strategy about how to do that.  In March or April of 2003, they analyzed the number of enplanements, which were coming up but not near the levels they were in 2000 when Kearney hit the 10,000 enplanements. He stated that it is very important that Kearney increase the enplanements back up to that 10,000 level for the basic reason of facilitating the need of the flying public out of this area. 

 

Secondly, once Kearney hits that 10,000 enplanement number then the Kearney Airport is eligible for an enhanced level of funding.  As a result of reaching that 10,000 mark in 2000, the Kearney Airport was eligible for a $1,000,000 grant for airport improvement.   He believes that Kearney needs to get the enplanements to that level or above to be eligible for that funding.  Realistically, the estimate is that 85-90 percent of the air travelers from this area drive down the Interstate to Lincoln or Omaha.  If Kearney could capture 20 percent of that market share, it could be at the 10,000 mark.  If Kearney could get 30 percent, there is a good chance it could fly out of Kearney without Essential Air Service funding.

 

The answer to increasing that number was not more flights or a higher level of frequency, but being able to fly to an additional hub. Denver is the hub Kearney currently provides.  After looking at the hubs that exist in a 500-600 mile radius of Kearney, Kansas City is obviously the choice for an additional hub.  Kansas City is the choice because at the present time 35 percent of that market is dominated by the low cost carriers such as Southwest.  Kansas City has been a depressed airport for the past 10-15 years.  In checking the various fares for regional airports, Kansas City always has the lower fares. 

 

Since 911 the major airlines have had their challenges.  The only way they can survive is to increase their fares and decrease capacity, which means the low cost carriers are going to have a larger market share.  Kearney needs access to a hub that has low cost carriers. Kansas City is serviced by 15 airlines. They have direct flights to 53 cities, 2 international locations, and over 210 planes that fly in and out every day.  There are enough connections there to well satisfy the needs of travelers.  He believed that the people in this area have not gotten use to flying west to Denver to get east to Chicago.

 

Looking at enplanement numbers at the Kearney Airport in the mid-90’s when it had service to Denver and Kansas City, when Great Lakes dropped service to Kansas City, enplanements at Kearney dropped by half.  They did discover one interesting point; the D.O.T. will only subsidize transportation to one hub.  Kearney can only have service to two hubs, if it does it creatively.  The way to creatively do this is to drum up a strategic relationship with another EAS community, which they began to do last fall.  Then December of 2003, the Department of Transportation put out RFP’s to the airlines and the communities, stating that they would rebid the routes.  He believed this is the best thing that could happen for Kearney.  Thinking back, two small communities in the middle of Nebraska, that probably don’t amount to a great deal in the eyes of the D.O.T., would probably have trouble muscling our way into some creative approach to hubs. The best thing about the RFP was the D.O.T. encouraged the communities to get with the airlines and tell them which routes they wanted bid.  Kearney had already had continued dialogue with the Department of Transportation and with Great Lakes so they knew where we wanted to go. They continued that dialogue with MESA which is the other bonified bidder other than Great Lakes on the route for Kearney. 

 

When the RFP’s were received in Washington, the D.O.T. got some 65 proposals from six airlines to service six cities.  In those proposals, there were two that would creatively give Kearney service to Kansas City and Denver.  The first proposal really links Kearney with Grand Island and would create a partnership with Grand Island.  Kearney would request Kansas City as a hub with one stop service through Grand Island.  The companion component to that would be Grand Island requesting Denver as their hub with one stop service through Kearney.  There was one other proposal which would put Kearney and McCook together as a link.  Kearney would request Denver as the Hub, with one stop service through McCook.  McCook would request Kansas City, with one stop service through Kearney. 

 

He believed the proposal with Grand Island offers the most opportunities for Kearney at this juncture.  First, there is a critical mass of people in this area to fly and the opportunities to build enplanements by linking these two communities would give Kearney more flights and larger planes flying those routes. This would also be an opportunity for these two communities to work together as opposed to competing for air travelers.

 

One of the down sides to the Kearney/Grand Island proposal is that Kearney probably won’t have as much available seat capacity as it would if it were working the situation with McCook.  In the McCook/Kearney proposal, Kearney would probably have all the capacity that it would ever need.  He did not believe that the number of people flying from McCook would allow Kearney to ask the airline for additional flights or larger planes. 

 

The Grand Island Airport Authority is meeting with the public this week to get input from the communities around Grand Island about where they should go.  The Airport Authority will make a recommendation to their City Council, who will make a recommendation to the Mayor.  Mr. Henning asked if the request from Grand Island’s Mayor is Denver as their hub with one stop service through Kearney, then Mr. Henning would ask Mayor Blankenship to request Kansas City as Kearney’s hub with one stop service through Grand Island.  If by chance the Grand Island Airport Authority would come up with some other recommendation, Kearney would need to re-analyze the situation and see if it could work with McCook.  There is also a fall back position which is to keep what Kearney has with Great Lakes if it can get a promise for larger aircraft. 

 

This is going to be a win-win situation for Kearney in any event. There is nothing in the budgets to fund any hefty promotion of our Airport.  Great Lakes has put in their proposal $5,000 that would go to each community for promotion of air service.  Kearney has had a great relationship with Great Lakes.   Great Lakes had some service issues a couple years ago, but since then they have made trips to Kearney, Kearney has been invited to Cheyenne, and conduct routine conference calls with them and they have followed through with what they said they would do.  Mr. Henning stated that they don’t see a relationship with MESA because they are a much larger entity.  Great Lakes would be the choice for the carrier for this area.

 

In answer to the Mayor’s question, Mr. Henning stated that currently the planes are 19 passengers, but they hope to have 30 passenger Brazilias.  This aircraft would provide a stewardess and a restroom on board. The 30 passenger aircraft can fly 320 M.P.H. at 34,000-35,000 feet.  The 19 passenger plane can fly about 260 M.P.H. at 24,000 feet. 

 

Mayor Blankenship stated that he believes that Kearney has some headway.  According to the statistics, Kearney is the 4th or 5th largest airport in the state in terms of boarding behind Lincoln, Omaha, Scottsbluff, and North Platte.  Mr. Henning stated that in February Kearney had a 19 percent increase in emplanements over a year ago and January showed a 25 percent increase over last year.  He believes that Kearney has the potential, but need to get the elements together.  The Department of Transportation said they are willing to look at some thinking “out of the box”.  Leonard Skov, Airport Advisory Board member, has had numerous conversations with the D.O.T., and advised them that Kearney has the potential to fly someday without subsidy.

 

Council Member Hadley stated in the 13 years that he has been in Kearney, one of the comments that he has consistently heard is that we have two cities that are 40 miles apart that are both trying to survive on airline service in their communities.  He believed that the ability for us to work with Grand Island would produce a win-win situation for both communities. 

 

City Manager Allen Johnson stated that the deadline is March 18th and Kearney is probably going to request an extension with each one of the communities.  If Kearney gets the extension this will allow a little more breathing room, and if not the Mayor will need to write a letter.  In the bureaucracy of the D.O.T. depends on the letter that comes from the Mayor of the community which is the way that it works. 

 

ORAL COMMUNICATIONS - KEARNEY STRATEGIC PLANNING PROPOSAL

 

Mayor Blankenship stated that Kearney is in the formative stages of developing a long term strategic plan that he hopes will guide this community’s direction for the next 5-10-20 years.  Although this is being presented at the Council meeting, this really is not a City of Kearney project.  The City would be very involved with the process.  In order for a strategic plan for the community and the region to be successful, they will need the input of a variety of organizations, businesses, and everybody in the community who wants to be involved.  People in the community will be asked to participate in open forum, focus groups, and attitude studies. 

 

He believes the only effective way to make this work is for broad based grass roots support across the region.  They will be entering into an agreement with Heartland Center for Leadership Development in Lincoln to help formulate this strategic plan.  Heartland Center has a national reputation for their work in community building, leadership development, and rural economic development.  They were the best choice to lead Kearney through this important process.  Total cost for the strategic planning process is $70,000 and at an appropriate time he will ask the City to consider making a commitment of $7,000.  In the next couple of weeks, there will be volunteers out asking businesses, organizations, individuals and other governmental entities to invest in this process.  If other individuals are interested in contributing, there is an account with the Kearney Area Community Foundation that is accepting gifts of any amount.  The point is to have people buy into the project and be excited about it. 

 

He does not know what is going to come from this strategic process and has no preconceived notions or ideas of what he would like to see in it.  There is no question in his mind that people in this region and community will tell them during the next 8-9 months exactly what they want their community to become in the next 5-10-20 years from now.  He believed that when this plan is completed, it will be the future portrait of Kearney.

 

Council Member Hadley stated that he believes that Kearney is currently at a crossroad and that this strategic planning is an excellent idea at this time.  He commended the Mayor for getting this started. 

 

Council Member Clouse asked if the Library project would be part of this plan.  Mayor Blankenship stated this plan is all encompassing, senior citizen development, park improvement, whatever the input might be from the people.  This plan is not project specific, it is almost like a philosophy of what we want our community to become.

 

Council Member Buschkoetter stated that he likes the diversity of the process and not doing it behind closed doors, but involving the public. 

 

Bobby Turner stated that Kearney has great parks, but lack sidewalks.  He asked if these projects will be included in the strategic plan. Mayor Blankenship responded they possibly could be part of it by trying to decide how we get there.  Mr. Turner stated that he would donate $100 to the fund and challenged other businesses to do the same. 

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

LIQUOR LICENSE – LUMBERG’S; 14 EAST 21ST STREET

 

Mayor Blankenship opened the public hearing on the Application for a Class “C” Liquor License submitted by LUMBERG’S LLC dba “Lumberg’s” to be located at 14 East 21st Street, consider the Corporate Manager Application for Casey Illian, and to consider Resolution No. 2004-35.

 

The application for a Class “C” (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License was received and a background investigation conducted on the principals listed on the license.  The background would indicate that none of the four people listed:  Casey Illian of Kearney, Jeffery Sikes of Kearney, Loren Sweigard of Lincoln, and Jeffery Jorgensen of Eagle, Nebraska currently hold a license to dispense alcoholic beverages issued by the Nebraska Liquor Commission.  Mr. Sikes is associated with a local licensed establishment, the Box Car, which he says he manages for his father.  None of the applicants have any civil or criminal complaints on file and none have a significant driving record.

 

The establishment, Lumberg’s, is currently under construction at 14 East 21st Street here in Kearney, and renovations may be complete by April 1st.  This is a new license as opposed to a change in ownership.  There is a Corporate Manager Application submitted for Casey Illian which was also submitted with the liquor license application.

 

As a new business, there is no record of these people’s ability to manage an establishment like this.  The only person with experience is Mr. Sikes, and his record has been somewhat suspect.  The background indicates he was responsible for an event at the Box Car, where a number of complaints arose.

 

According to Section 53-132(2) of the Nebraska Revised Statutes states:  A retail license or bottle club license shall be issued to any qualified applicant if it is found by the commission that: (a) the applicant is fit, willing, and able to properly provide the service proposed within the city, village, or county where the premises described in the application are located; (b) the applicant can conform to all provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act; (c) the applicant has demonstrated that the type of management and control exercised over the licensed premises will be sufficient to insure that the licensed business can conform to all provisions, requirements, rules, and regulations provided for in the Nebraska Liquor Control Act; and (d) the issuance of the license is or will be required by the present or future public convenience and necessity. The applicant has the burden of proof that the liquor license meets the four criteria listed above for granting/denying liquor license applications.

 

The community has a substantial number of businesses which sell alcoholic beverages.  This business will be in addition to the current businesses.  The group states that they intend to run a 21 and over business, catering to an adult crowd. The number of these types of businesses is always a consideration in granting a license request.  Many times the community will determine whether a business such as this will survive.  This community has always taken a very hard look at liquor retail establishments and will continue to do so.  Alcohol and its misuse are a severe societal problem that affects the entire community on a regular basis.

 

Casey Illian, 1203 Avenue G, presented this matter to the Council. He stated that they had made arrangements for the Kearney Police Department to train their staff on how to properly check an ID.  Some of the employees that have been hired are already experienced, but believes it is important for all their employees to receive this training.  He stated that business people is their target audience.  There are many establishments that target the college crowd.  Their establishment will be more upscale, clean, more lit up.  They would like to go non-smoking, but that probably won’t happen.  All of their woodwork is hand made, all fixtures are brand new, and they have installed double capacity smoke eater machines.  Their goal is to provide a sit down service for people.  They are still tossing around ideas for a theme at this point, but it will be a classy, upscale place downtown. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the Application for a Class “C” (Spirits, Wine and Distilled Spirits – On and Off Sale) Liquor License submitted by LUMBERG’S LLC dba “Lumberg’s” to be located at 14 East 21st Street, consider the Corporate Manager Application for Casey Illian, and approve Resolution No. 2004-35.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-35

 

            WHEREAS, LUMBERG’S LLC dba “Lumberg’s” has filed with the City Clerk of the City of Kearney, Nebraska, an application for a Class C Liquor License and doing business at 14 East 21st Street, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, a hearing was held relating to said application on March 9, 2004.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class C Liquor License to LUMBERG’S LLC dba “Lumberg’s” to be located at 14 East 21st Street.

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

            PASSED AND APPROVED THIS 9TH DAY OF MARCH, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

BOARD OF EQUALIZATION – WATER CONNECTION DISTRICT NOS. 2002-1, 2002-2, 2002-3A

 

Mayor Blankenship opened the public hearing for the City Council to meet as a Board of Equalization to determine a connection fee in the amount of special benefits accruing to the property in the district which fee shall be paid to the City at the time such property becomes connected to the water lines for Water Connection District No. 2002-1 for Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence east to Airport Road, thence north to 39th Street; Water Connection District No. 2002-2 for Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a distance of 1,890 feet; and Water Connection District No. 2002-3A for 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition, north a distance of 1,371 feet and to consider Resolution No. 2004-36.

 

Director of Utilities, Kirk Stocker, presented this matter to the Council. In 1997 the City Council approved the water system facility plan.  That plan recommended certain improvements to effectively provide water for our growing City.  The 2002 Water System Improvements were constructed as recommended by the facility plan.

 

Water Connection District 2002-1 for Cherry Avenue from 11th Street to the Union Pacific right-of-way then east to Airport Road, thence north in Airport Road to 39th Street was recommended in the facility plan in order to loop the water service to the airport and industrial tract for the purposes of equalizing and providing increased water to meet demands.  The 30 inch diameter water line also serves as an alternate transmission main for the City improving the reliability of the water supply.

 

Water Connection District 2002-2 for Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition north a distance of 1,890 feet and Water Connection District 2002-3A for 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point Sixth Addition, north a distance of 1,371 feet was constructed in accordance with the facility plan in which 16 inch diameter water mains are to be constructed on the mile lines in order to provide water in amounts necessary to meet peak fire flow demands for the area.

 

Connection fees for water connection districts are not levied as liens or assessments against the benefited property whereby annual payments that accumulate interest are due.  Rather, the connection fees are approved by the City Council at a Board of Equalization then filed at the Buffalo County Register of Deeds Office so that future owners are aware that connection fees will be collected when the property connects to City water.

 

The connection fees for the Water Connection Districts have been calculated according to City policy.  The policy calls for the cost of an 8 inch diameter pipe to be charged to the abutting or benefited properties.  The City pays for larger diameter pipe in excess of 8 inches, fire hydrants, valves, and pipefittings.

 

Miller and Associates, the City’s engineer for the project, prepared a spread sheet summarizing each item of work in the contract and calculated the assessable and general obligation costs for each project or district.  The City staff then calculates the connection fee for the benefited property by dividing the assessable cost among the total footage of benefited property within the district.  Then an abstractor researched the owners and mortgage holders of the property within the districts and those owners and mortgage holders have been notified about the meeting of the Board of Equalization for the purpose of establishing connection fees for the districts.

 

The water connection districts for which the connection fees are being considered were included in the 2002 Water System Improvements project.  The 2002 Water System Improvements were included in the budget, the contract was awarded by the City Council and payments to the contractor were approved by City Council after being recommended for payment by the City’s consulting engineer.  The cost to construct the water connection districts was paid periodically as the project progressed.  The contract for the project was closed out and all payments were made in 2003.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Hadley to close the hearing for the Council to meet as the Board of Equalization and approve the a connection fee in the amount of special benefits accruing to the property in the district which fee shall be paid to the City at the time such property becomes connected to the water lines for Water Connection District No. 2002-1 for Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence east to Airport Road, thence north to 39th Street; Water Connection District No. 2002-2 for Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a distance of 1,890 feet; and Water Connection District No. 2002-3A for 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition, north a distance of 1,371 feet and approve Resolution No. 2004-36.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-36

 

            WHEREAS, on the 23rd day of July, 2002, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 6891 creating Water Connection District No. 2002-1, the said water main has been constructed in said Water Connection District No. 2002-1 and the costs thereof have been reported to the City Council; and

            WHEREAS, on the 23rd day of July, 2002, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 6892 creating Water Connection District No. 2002-2, the said water main has been constructed in said Water Connection District No. 2002-2 and the costs thereof have been reported to the City Council; and

            WHEREAS, on the 10th day of September, 2002, the City Council of the City of Kearney, Nebraska, passed and approved Ordinance No. 6903 creating Water Connection District No. 2002-3A, the said water main has been constructed in said Water Connection District No. 2002-3A and the costs thereof have been reported to the City Council; and

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

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

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the benefits to abutting property in Water Connection District Nos. 2002-1, 2002-2, and 2002-3A are as found and determined by the Council, sitting as a Board of Equalization, as shown and set forth on Exhibit “A” attached hereto and made a part hereof.

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

            BE IT FURTHER RESOLVED that a connection fee equal to the amount of the benefit accruing to the property as set by the benefit schedule (Exhibit “A”) shall be paid to the City at the time the respective properties are connected to the water mains constructed in Water Connection District Nos. 2002-1, 2002-2 and 2002-3A and that no property thus benefited by said main improvements shall be connected to the main until said connection fee is paid.

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

PASSED AND APPROVED THIS 9TH DAY OF MARCH, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

 

AMEND LAND USE MAP – CORNER OF 48TH STREET AND 6TH AVENUE AND CORNER OF 42ND STREET AND 4TH AVENUE

 

Mayor Blankenship opened the public hearing on the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Civic and Urban Single Family Residential” to “Commercial” property described as Lots 3, 4, 29, 30 and 31 of Block 3, Windsor Estates Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska (corner of 48th Street and 6th Avenue and corner of 42nd Street and 4th Avenue) and approve Resolution No. 2004-37. Planning Commission recommended approval.

 

This public hearing and the next public hearing were discussed together but voted on separately.

 

The applicant is requesting rezoning from R-4 apartment zoning to C-0, Commercial Office zoning for five lots in Windsor Estates 7th Addition.  Three of these lots are located behind K-mart with street frontage on 4th Avenue, if it was extended, and the other two have street frontage on 48th Street.  The lots are large having originally been intended for apartments.

 

Land Use Map Amendment

The applicant is requesting rezoning from District R-4 to District C-0.  Before the rezoning can be considered, the Land Use Map of the City of Kearney Comprehensive Development Plan must be amended from “Civic” and “Urban Single-Family Residential” to “Commercial.”  The request is reasonable and would limit the commercial use of the properties to office buildings.

 

Rezoning 

The rezoning request from R-4 to C-0 will allow the properties to be developed as office buildings.  The zoning would also allow apartments or other forms of housing, although this is not the intent at this time.

 

The applicant did mention at the Planning Commission hearing that he had forgotten to add one more lot in this vicinity on the application forms and that he would also like to rezone this lot.  The application will be processed and the applicant will be back in the future to present rezoning of the additional lot.

 

Mitch Humphrey presented this matter to the Council. He stated that these properties are located west of Builders Warehouse and the Crossroads site north and west of 44th Street.  The second pair of lots is east of the intersection of 6th Avenue and 48th Street.  There is a lot south of 44th Street and 4th Avenue that will be coming back through the Council.  Mr. Humphrey believed that this is a straightforward request.  He mentioned it is his understanding the lot on 6th Avenue on 48th Street will be the home of the Red Cross building which will be a worthwhile project.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the proposed amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from “Civic and Urban Single Family Residential” to “Commercial” property described as Lots 3, 4, 29, 30 and 31 of Block 3, Windsor Estates Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska (corner of 48th Street and 6th Avenue and corner of 42nd Street and 4th Avenue) and approve Resolution No. 2004-37.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-37

 

            WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land described as Lots 3, 4, 29, 30 and 31 of Block 3, Windsor Estates Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska (corner of 48th Street and 6th Avenue and corner of 42nd Street and 4th Avenue), from “Civic and Urban Single Family Residential” to “Commercial”, 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 “Civic and Urban Single Family Residential” to “Commercial” the use classification for the area described as a tract of land described as Lots 3, 4, 29, 30 and 31 of Block 3, Windsor Estates Seventh Addition, an addition to the City of Kearney,, Buffalo County, Nebraska (corner of 48th Street and 6th Avenue and corner of 42nd Street and 4th Avenue).

            PASSED AND APPROVED THIS 9TH DAY OF MARCH, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – CORNER OF 48TH STREET AND 6TH AVENUE AND CORNER OF 42ND STREET AND 4TH AVENUE

 

Mayor Blankenship opened the public hearing on the Application submitted by Gregg Johnson (Applicant) for Johnson Imperial Home Company (Owner) to rezone from “District R-4, Urban Residential Multi-Family District (High Density)” to “District C-0, Office District” property described as Lots 3, 4, 29, 30 and 31 of Block 3, Windsor Estates Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska (corner of 48th Street and 6th Avenue and corner of 42nd Street and 4th Avenue). 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 Gregg Johnson (Applicant) for Johnson Imperial Home Company (Owner) to rezone from “District R-4, Urban Residential Multi-Family District (High Density)” to “District C-0, Office District” property described as Lots 3, 4, 29, 30 and 31 of Block 3, Windsor Estates Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska (corner of 48th Street and 6th Avenue and corner of 42nd Street and 4th Avenue).  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

DEVELOPMENT PLAN APPROVAL – MIDLAND MOLDINGS; 2905 EAST 39TH STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by Bruce Kleint for Midland Moldings, Inc. (Applicant) and Wendell Dubbs (Owner) for Planned District Development Plan Approval for the construction of a warehouse/shipping facility on property zoned “District M-1/PD, Limited Industrial/Planned Development Overlay District” and described as Lot 2 of Block 2, Northeast Industrial Subdivision, Buffalo County, Nebraska (2905 East 39th Street) and approve Resolution No. 2004-38.  Planning Commission recommended approval.

 

The applicant is requesting approval of development plans for a 10,000 square foot building addition for Midland Moldings located at 2905 East 39th Street.  The company is in need of additional warehousing and storage space.  The property is zoned M-1/PD and is approximately 2.96 acres in size.

 

The proposed addition doubles the amount of enclosed space that currently exists on site.  The addition will be added to the south end of the existing building.  The addition requires six additional parking spaces.  Eight street trees, with a minimum size of 2-inch caliper trunk, are required along the 39th Street frontage and shall be installed no later than Spring of 2004.  A Public Works Plan has been provided.  An existing retention cell will be filled in to eliminate the standing water.  An earthen berm will be constructed along the south property line to detain stormwater.  The water will be released at a predetermined rate into the natural drainage pattern which goes southeast.

 

Bruce Kleint, General Contractor from Husker Sales and Distributing of Grand Island, presented this matter to the Council. He stated that there are eight trees already planted with sod and water on that property.  He included on the plans that he brought to Building and Zoning this week the additional parking that is required. 

 

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 Bruce Kleint for Midland Moldings, Inc. (Applicant) and Wendell Dubbs (Owner) for Planned District Development Plan Approval for the construction of a warehouse/shipping facility on property zoned “District M-1/PD, Limited Industrial/Planned Development Overlay District” and described as Lot 2 of Block 2, Northeast Industrial Subdivision, Buffalo County, Nebraska (2905 East 39th Street) and approve Resolution No. 2004-38 subject to compliance of the following requirements: (1) six additional parking spaces shall be provided; (2) eight street trees, with a minimum size of 2-inch caliper trunk, are required along the 39th Street frontage and shall be installed no later than Spring of 2004; (3) the existing retention cell shall be filled in to eliminate standing water; (4) an earthen berm shall be constructed along the south property line to detain stormwater and the water shall be released at a predetermined rate into the natural drainage pattern which goes southeast.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-38

 

            WHEREAS, Bruce Kleint for Midland Moldings, Inc. (Applicant) and Wendell Dubbs (Owner) has applied for Development Plan Approval for the construction of a warehouse/shipping facility on property zoned “District M-1/PD, Limited Industrial/Planned Development Overlay District” and described as Lot 2 of Block 2, Northeast Industrial Subdivision, Buffalo County, Nebraska (2905 East 39th Street).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Bruce Kleint for Midland Moldings, Inc. (Applicant) and Wendell Dubbs (Owner) for Development Plan Approval for the construction of a warehouse/shipping facility on property zoned “District M-1/PD, Limited Industrial/Planned Development Overlay District” and described as Lot 2 of Block 2, Northeast Industrial Subdivision, Buffalo County, Nebraska (2905 East 39th Street) be approved subject to compliance of the following requirements: (1) six additional parking spaces shall be provided; (2) eight street trees, with a minimum size of 2-inch caliper trunk, are required along the 39th Street frontage and shall be installed no later than Spring of 2004; (3) the existing retention cell shall be filled in to eliminate standing water; (4) an earthen berm shall be constructed along the south property line to detain stormwater and the water shall be released at a predetermined rate into the natural drainage pattern which goes southeast.

PASSED AND APPROVED THE 9TH DAY OF MARCH, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – NORTH OF WEST 82ND STREET BETWEEN 5TH AVENUE AND 9TH AVENUE

 

Mayor Blankenship opened the public hearing on the Application submitted by Ron Ridgway (Applicant) for Thomas and Mary Henning (Owner) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as part of the South Half of the Southeast Quarter of Section 11, Township 9 North, Range 16 West of the 6th P.M., containing 4.26 acres, more or less, Buffalo County, Nebraska (north of West 82nd Street between 5th Avenue and 9th Avenue). Planning Commission recommended approval.

 

The applicant is requesting approval of a two-lot subdivision located north of West 82nd Street, between 5th Avenue and 9th Avenue along the Wood River.  This property consists of 4.36 acres part of which is included in the 100-year floodplain of the Wood River drainage.  The property is located in the two-mile Extraterritorial Jurisdiction of the City.  This land is currently zoned Agricultural.  Development of the land for rural home site includes vacating an existing lot, rezoning, and subdivision platting.

 

Rezoning

The applicant is requesting rezoning from District A to District RR-1, Rural Residential District for the 4.36 acre tract.  RR-1 is the most appropriate zoning district for the proposed use.  The future home will be served by individual well and septic systems.

 

Vacation

The development proposal requires vacation of Lot 4, Block 1, Schroeder Estates 3rd Subdivision which is a lot under common ownership with an existing building on it.  A sixty-foot wide access drive will be provided along the east edge of Lot 4 to the proposed 4.36-acre parcel and both lots will be replatted as Henning Subdivision.

 

Subdivision Plats

The Preliminary Plat was approved by Planning Commission on February 20, 2004.  The Final Plat consists of a two-lot subdivision.  One lot exists with a building on it; the other 4.36-acre lot is being created, and both lots will be included in Henning Subdivision.  Access to the 4.36-acre parcel is provided by a sixty-foot wide street connecting to West 82nd Street.  The property surrounding the 4.36-acre tract is under common ownership, but is larger than 10 acres and consequently does not need to be included in this subdivision.  No Subdivision Agreement or Public Works Plan is required.  The lowest finished floor of the proposed house must be constructed a minimum of one foot above the base flood elevation of the 100-year floodplain.

 

Ron Ridgway from Miller & Associates presented this matter to the Council. He stated that the rezoning is for a parcel of land north of the Henning property in order for their son and daughter-in-law to build a house. 

 

Director of Public Works Rod Wiederspan asked Mr. Ridgway if one lot was going to be removed from the flood plain since it is on a high point surrounded by a flood plain, because the actual building site is above it.  Mr. Ridgway responded that it is 10 feet above the flood plain elevation.  Mr. Wiederspan stated that the lot would need to be changed on the map or it would be subject to flood plain insurance as it now appears.  He believed that with the elevation of the high point, it should be fairly easy to remove with a one-lot revision. 

 

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 Thomas and Mary Henning (Owner) to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as part of the South Half of the Southeast Quarter of Section 11, Township 9 North, Range 16 West of the 6th P.M., containing 4.26 acres, more or less, Buffalo County, Nebraska (north of West 82nd Street between 5th Avenue and 9th Avenue).  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

IV.    CONSENT  AGENDA

 

Moved by Clouse seconded by Hadley that Subsections 1 through 8 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

1.         Approve Minutes of Regular Meeting held February 24, 2004.

 

2.         Approve the following Claims: Ace Hardware $94.93 Various; Advance Auto Parts $2.98 Su; AFLAC $1,894.20 Various; Aflac $77.48 Ins; Albright, D $221.60 Tr; Alliance Medical $261.05 Su; Alltel $3,125.37 Serv; Amazon.Com $24.92 Bks; Amer Electric $752.41 Various; Amer Fence $279,801.27 Serv; Amer Red Cross $237.88 CPR Cert; Amoco $20.00 Tr; Andersen Wrecking $20.00 Rep; Anderson Bros $368.00 Serv; Anderson Ford $20,598.00 Equip; ARC $40.00 Tr; Art Today $29.95 Su; Ashley Inn $60.84 Tr; Asphalt & Concrete Materials $1,646.99 Su; Associated Bag $176.56 Su; B&Auto Glass $252.39 Rep; Baker & Taylor $1,444.52 Bks; Barney Abstract $1,080.00 Bks; BBC Audiobooks $57.00 Bks; Berke, N $171.30 Tr; Best Access Systems $286.20 Various; Big Flag $32.00 Inv; Biosystems $509.57 Rep; Blevins, D $108.00 Serv; BlueCross BlueShield $13,451.35 Claims; Bobs Super Store $81.07 Various; Bob's Total $48.75 Rep; Books on Tape $236.00 Bks; Bosselman Oil $27,878.40 Inv; Bruces Body Shop $1,215.18 Rep; Buffalo Co Reg of Deeds $144.00 Serv; Buggy Bath Car Wash $16.00 Rep; Builders How-To-Warehouse $3,329.20 Various; Byco #4 Gas Station $19.00 Tr; Canada Life Assurance $4,154.89 Various; CANDO $7,000.00 Serv; Cash-Wa $563.15 Various; CC Now $56.10 Bks; CDW Govt $711.72 Su; Central Auto $156.94 Inv; Central Fire & Safety $478.75 Rep; Central Hydraulic $506.77 Various; Central NE Equipment $450.20 Su; Central States Group $6,659.94 Rep; CHAD $4.00 Ded; Charter Communications $43.55 Serv; Charter Media $250.00 Serv; Charter Paging $21.92 Serv; Chesterman $52.45 Su; Child Advocacy Center $350.00 Tr; Christensen, D $147.00 Serv; City of Ky $922,577.15 Various; City Water Dept. $501.27 Serv; Civil Air Patrol $495.00 Serv; Clement, D $25.05 Ref; CLH $309.00 Serv; College Savings Plan of NE $295.00 Ded; Community Link $295.00 Serv; Computer Hardware $218.00 Rep; Computer Warehouse #4 $59.76 Su; Conseco Life Insurance $38.00 Ded; Copycat $1,684.35 Su; Cornhusker Hotel $518.60 Various; Cornhusker Intl Trucks $109.92 Inv; Creative Teacher $5.98 Su; Crossroads Ford $70.63 Inv; Crushers $18,430.00 Serv; Culligan $193.11 Various; Cummins Great Plains $11.88 Inv; DataPrint $46.94 Su; Dave Waggoner Plumbing $80.00 Serv; Dell $1,595.81 Equip; Development Council $1,648.23 Econ Dev; Diamond Vogel Paints $177.79 Various; Dmilaco $60.50 Su; Don's Pioneer Uniforms $22.90 Cla; Double M Farms $2,000.00 Serv; Dreyer, D $139.90 Tr; Driver's License Guide $26.95 Dues, Bks; Dutton-Lainson $30.73 Inv; Eakes $1,456.63 Su; Elliott Equipment $117.08 Inv; Engels Glass Design $650.00 Su; Engels, D $379.10 Tr; Expression Wear $744.53 Various; Exxonmobile $35.51 Tr; Fairbanks $517.95 Inv; Farmers Union $603.00 Serv; Fastenal $509.82 Inv; Finnegan, L $33.68 Ref; Flying J $46.00 Tr; Flynn, B $27.90 Tr; Freburg, N $184.62 Ded; Fremont Nat'l Bank $34,457.02 Ded; Frontier $1,018.12 Serv; Gale Group $56.13 Bks; Galeton Gloves $510.50 Inv; Graham Tire $620.70 Various; Grainger.Com $185.76 Inv; H&G Cleaners $264.67 Serv; Hach $607.64 Rep; Harrison, R $171.30 Tr; Heiman Fire Equipment $210.74 Su; HHS Regulations & Licensure $6.00 Permit; Hogans Sporting Goods $210.00 Su; Holiday Inn Omaha $817.65 Tr; Holiday Stationstore $22.00 Tr; Holmes Plumbing $375.58 Various; Hometown Leasing $206.00 Rep; IBT $65.71 Rep; ICMA $556.00 Fees; ICMA RC $2,874.21 Ded; IRS $80,027.92 Taxes; Int'l Assoc for Identification $60.00 Dues; ISDN $14.95 Su; Jack Lederman Co $1,161.05 Various; Jacobson, J $12.00 Ref; Jeff Spady Chrysler $62.20 Inv; Joe's $57.00 Tr; John Day $376.91 Su; Johnson, A $199.15 Tr; K&K Auto Parts $568.76 Various; K Mart $51.00 Su; Ky Area Solid Waste Agency $53,880.39 Tipping Fees; Ky Area United Way $978.49 Ded; Ky Concrete $23.50 Su; Ky Cycling & Fitness $2,199.94 Equip; Ky Implement $1,268.25 Various; Ky Winlectric $384.65 Su; Ky Yamaha $452.93 Various; Kelly Supply  $272.87 Inv; Killion Motors $164.97 Inv; Kirkham Michael $11,186.20 Serv; KKPR $20.00 Serv; Koetters, J $119.75 Tr; Kooyman, R $200.00 Ins; Kotschwar, T $10.35 Tr; Laughlin, K $614.36 Ded; Lawson Products $223.22 Inv; League of NE Municipalities $973.00 Tr; Lehm Book $28.95 Bks; Lewis, J $52.78 Ref; Linweld $510.39 Various; Lockmobile $51.25 Su; Loebig, J $116.10 Tr; Logan Contractors $1,053.72 Inv; Lowe, S $64.89 Serv; Luke, D $119.90 Tr; Mach III $120.00 Rep; Machine Works $86.78 Su; Machines & Media $261.00 Equip; Mail Express $19.09 Pstg; Manta Communications $39.90 Bks; Martinez, R $13.43 Ref; Mcarten Installation $166.05 Inv; McCarty, D $27.90 Tr; McCollister & Co $1,614.90 Inv; McMaster-Carr Supply $49.46 Rep; Menards G.I. $39.99 Su; Micro Mktg $25.50 Bks; Mid America Pay Phones $200.00 Rep; Mid NE Lubricants $3,566.36 Various; Middleton Electric $260.99 Rep; Mid-State Engineering $1,975.00 Serv; Midwest Turf $19.10 Inv; Miller & Associates $46,217.43 Various; Miller, N $23.03 Ref; Mosbarger, B $200.00 Ins; Mr. Automotive $2,456.00 Various; Mr. K Foods $32.00 Tr; NAPA $2,975.38 Various; Nat'l Paper Supply $106.20 Su; NWWA $3,277.65 Various; NE Child Support $978.49 Ded; NE Dept of Revenue $45,659.68 Various; NE Peterbilt $32.42 Inv; NE Supreme Court $113.50 Bks; NE Truck Center $431.57 Inv; NE Turfgrass Assoc $240.00 Rep; NEBTECH Calibration $100.01 Rep; Nogg Chemical $423.28 Inv; Norm's Plumbing $839.45 Rep; Northern Tool $326.96 Rep; Northwest Electric $1,326.82 Rep; Northwestern $17,211.02 Serv; NWA Air $446.80 Tr; Office Max $851.94 Su; Officenet $6,126.28 Su; Olsen, C $1,915.36 Tr; Orbitz $6.00 Tr; O'Reilly $269.78 Inv; Oriental Trading $34.80 Su; Orscheln Farm $681.29 Various; Ostendorf, J $3.02 Ref; Overhead Door $560.00 Equip; Paradigm Insurance $19,030.63 Prem; Park Place Hotel $87.00 Tr; Patterson, B $529.00 Tr; Payflex Systems $1,085.25 Various; Pet Kingdom $7.99 Inv; Petro of York $30.00 Su; Platte Valley Communications $136.75 Serv; Platte Valley Lab $90.00 Serv; Polk City Directories $1,355.50 Various; Pop-A-Lock $38.00 Su; Precision $294.36 Su; Preferred Mail $173.31 Pstg; Presco Sales $1,946.00 Serv; Prescott, J $10.50 Tr; Presto-X $55.00 Rep; Push-Pedal-Pull $8,004.99 Equip; Quality Books $2,234.93 Bks; Quick N Easy $39.00 Tr; Quill $287.97 Su; Reams Sprinkler Supplies $187.33 Rep; Recorded Books $489.70 Bks; Recreonics $3,518.44 Acquatics; Rembolt, Ludtke $352.15 Serv; Reserve Account $8,000.00 Pstg; Richardson, M $211.60 Tr; Road Builders Machinery $276.24 Inv; Rose Equipment $890.11 Rep; Safety League $34.84 Su; Sahling Kenworth $399.62 Inv; Sargent Irrigation $153.50 Rep; School District #7 $1,544.96 Remittance; Sears Dealer $199.83 Su; Seaton Name Plate $236.48 Su; See Clear Cleaning $1,950.00 Serv; Sesna, T $27.00 Tr; Sherwin Williams $399.06 Su; Shirt Shack $877.20 Su; Sierra $352.38 Su; Snap On Tools $25.50 Tools; Software Outlet $55.90 Su; Solid Waste Equipment $120.67 Inv; Soto, G $600.00 Serv; Sprint $183.39 Serv; SS Arts Craft $137.93 Su; Star Homes $6.94 Ref; State of NE DAS Communications $26.59 Serv; State of NE HHS Lab $1,304.00 Serv; Stocker, K $16.70 Tr; Story, G $10.35 Tr; Sun Turf $41.40 Su; Sungard HTE $6,322.13 Equip; Super Shine Auto $6.50 Rep; Swanson, K $221.60 Tr; T&B Cleaning $1,100.00 Serv; Target $36.60 Various; Texas Refinery $737.00 Su; Thames, P $30.13 Ref; Thome, B $96.10 Tr; Tollefsen Elliott $1,145.67 Various; Totalbarcode $34.20 Su; Tractor-Supply $1,074.53 Various; Tri City Storm $126.00 Serv; Tri-City Outdoor Power $467.59 Inv; UN Tree Care $90.00 Various; United Air $371.40 Tr; Univ Wis Pyle Center $695.00 Reg; UPS $15.05 Various; USPS $92.82 Pstg; Video Kingdom $19.99 Inv; Viter, T $147.65 Tr; Walgren, J $4.26 Ref; Walmart Supercenter $1,205.23 Various; Warped Sportz $19.17 Su; Washington State Support $102.01 Ded; West Group $3,500.00 Su; Wilke Donovan's True Value $411.62 Various; Windhorst, R $1.99 Ref; Xerox $347.63 Various; Young, J $27.90 Tr; Payroll Ending 2-21-2003 -- $236,181.42.  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.         Adopt the final version of “The Kearney Plan, the Comprehensive Development Plan for Kearney, Nebraska” and approve Resolution No. 2004-39.

 

RESOLUTION NO. 2004-39

 

            WHEREAS, the Comprehensive Plan, dated March, 1997 has been amended over the years and a new Comprehensive Development Plan has been drafted subject to the requirements of Section 19-903 of the Nebraska Revised Statutes, and the Planning Commission has held the required public hearings in accordance with Section 19-901 of the Nebraska Revised Statutes; and

            WHEREAS, the City Council held a public hearing on August 26, 2003 and adopted a temporary document entitled “The Kearney Plan, The Comprehensive Development Plan for Kearney, Nebraska”; and

            WHEREAS, the final Comprehensive Development Plan is now complete.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that “The Kearney Plan, The Comprehensive Development Plan for Kearney, Nebraska” is hereby adopted as the Comprehensive Development Plan for the City of Kearney, Nebraska, a copy of which marked Exhibit “A” is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 9TH DAY OF MARCH, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

4.         Approve the request submitted by the Kearney Police Department/Buffalo County Sheriff’s Office to block off Avenue B from Railroad Street to a half block north for the auto auction to be held on March 27, 2004 from 8:00 a.m. until 4:00 p.m.

 

5.         Approve the recommendation from Administration on awarding the bid to Anderson Ford of Lincoln in the amount of $20,190.00 for the purchase of one ½ ton four-wheel drive pickup for the Water Production Division.

 

6.         Repeal Resolution No. 2003-22 and to approve the Second Amendment to Yanney Park Agreement and Lease between the City of Kearney and the Yanney Heritage Park Foundation and approve Resolution No. 2004-40.

 

RESOLUTION NO. 2004-40

 

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that Resolution No. 2003-22 passed on the 11th day of February, 2003 be and is hereby repealed in its entirety.

BE IT FURTHER RESOLVED that the Second Amendment to the Yanney Park Agreement marked as Exhibit “A” and made a part hereof by reference, be and is hereby accepted and approved, and the President of the Council be and is hereby authorized to execute the Agreement on behalf of the City.

PASSED AND APPROVED THIS 9TH DAY OF MARCH, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX‑OFFICIO MAYOR

CITY CLERK

 

7.         Approve the recommendation from the Mayor on the appointment of Tanis Hall-Goedert to serve on the Downtown Improvement Board and the reappointment of Tom Watson to serve on the Kearney Housing Agency.

 

8.         Approve the application for a Special Designated License submitted by KEARNEY INVESTMENT CORP., dba “Holiday Inn” in connection with their Class C/K17964 liquor license to dispense beer, wine and distilled spirits inside the Museum of Nebraska Art, 2401 Central Avenue, and in the enclosed tent in the parking lot located north of MONA on March 27, 2004 from 4:30 p.m. until 11:00 p.m.; and to permit the Museum of Nebraska Art to block off the parking lot located north of MONA, 2401 Central Avenue, as follows: the south side of the parking lot on March 26, 2004 beginning at 7:00 a.m. until 5:00 p.m. on March 28, 2004 and the north side of the parking lot on March 26, 2004 from 5:00 p.m. until 8:00 a.m. on March 27, 2004 in connection with their Biennial fundraiser. (Administration recommends approval with stipulations.)

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7033 – REZONING; CORNER OF 48TH STREET AND 6TH AVENUE AND CORNER OF 42ND STREET AND 4TH AVENUE

 

Council Member Hadley introduced Ordinance No. 7033, being Subsection 1 of Agenda Item VI to rezone from “District R-4, Urban Residential Multi-Family District (High Density)” to “District C-0, Office District” property described as Lots 3, 4, 29, 30 and 31 of Block 3, Windsor Estates Seventh Addition, an addition to the City of Kearney, Buffalo County, Nebraska (corner of 48th Street and 6th Avenue and corner of 42nd Street and 4th 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 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. 7033 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. 7033 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. 7033 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. 7034 – VACATE PART OF SCHROEDER ESTATES THIRD SUBDIVISION

 

Council Member Hadley introduced Ordinance No. 7034, being Subsection 2 of Agenda Item VI to vacate Lot 4 of Block 1, Schroeder Estates Third Subdivision, Buffalo County, Nebraska (north of West 82nd Street between 5th Avenue and 9th 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 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. 7034 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. 7034 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. 7034 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. 7035 – REZONING; NORTH OF WEST 82ND STREET BETWEEN 5TH AVENUE AND 9TH AVENUE

 

Council Member Hadley introduced Ordinance No. 7035, being Subsection 3 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District RR-1, Rural Residential District (Rural Standards)” property described as part of the South Half of the Southeast Quarter of Section 11, Township 9 North, Range 16 West of the 6th P.M., containing 4.26 acres, more or less, Buffalo County, Nebraska (north of West 82nd Street between 5th Avenue and 9th 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 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. 7035 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. 7035 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. 7035 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 – HENNING SUBDIVISION

 

Mayor Blankenship opened for discussion the application submitted by Ron Ridgway (Applicant) for Thomas and Mary Henning (Owner) for final plat approval of “HENNING SUBDIVISION” property described as part of Lot 4 of Block 1, Schroeder Estates Third Subdivision, and part of the South Half of the Southeast Quarter of Section 11, Township 9 North, Range 16 West of the 6th P.M., containing 9.39 acres, more or less, Buffalo County, Nebraska (north of West 82nd Street between 5th Avenue and 9th Avenue) and to consider Resolution No. 2004-41 subject to the effective date of Ordinance No. 7035. Planning Commission recommended approval.

 

Ron Ridgway from Miller & Associates was present to answer any questions.

 

Moved by Blankenship seconded by Kearney to approve the application submitted by Ron Ridgway (Applicant) for Thomas and Mary Henning (Owner) for final plat approval of “HENNING SUBDIVISION” property described as part of Lot 4 of Block 1, Schroeder Estates Third Subdivision, and part of the South Half of the Southeast Quarter of Section 11, Township 9 North, Range 16 West of the 6th P.M., containing 9.39 acres, more or less, Buffalo County, Nebraska (north of West 82nd Street between 5th Avenue and 9th Avenue) and approve Resolution No. 2004-41 subject to the effective date of Ordinance No. 7035.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-41

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “HENNING SUBDIVISION” a subdivision being part of the South Half of the Southeast Quarter of Section 11, and Lot 4, Block 1, Schroeder Estates Third Subdivision, a subdivision being part of the Northeast Quarter of Section 14, all located in Township 9 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 9TH DAY OF MARCH, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ORDINANCE NO. 7036 – VACATE PART OF FREDERICK’S THIRD ADDITION

 

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

 

The applicant is requesting approval of a six-lot residential subdivision located at the southeast corner of the intersection of 13th Street and Avenue K.  This land is currently zoned R-3/PD and consists of 1.336 acres.  The land is currently one lot and this project will consist of vacating the single lot and subdividing it into six smaller lots to accommodate Habitat for Humanity housing projects.  Single-family construction is an allowable use in this zoning district.

 

Vacation

Lot 1 of Frederick’s 3rd Addition must be vacated so that the property can be replatted as Frederick’s 4th Addition.

 

Subdivision Plats

The Preliminary Plat and Final Plat consist of a six-lot subdivision that will contain Habitat for Humanity housing. The Preliminary Plat was approved by Planning Commission on February 20, 2004. Public services are available and a note on the Preliminary Plat indicates their availability and location.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. He stated that he is representing Habitat for Humanity housing that wants to vacate a large lot and create six new lots to continue their efforts. 

 

Council Member Kearney introduced Ordinance No. 7036, being Subsection 5 of Agenda Item VI to vacate Lot 1, Frederick’s Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska (east of Avenue K and south of 13th Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Buschkoetter, 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. 7036 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. 7036 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. 7036 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 – FREDERICK’S FOURTH ADDITION

 

Mayor Blankenship opened for discussion the application submitted by Mitch Humphrey (Applicant) for Kearney Area Habitat for Humanity Inc. (Owner) for final plat approval of “FREDERICK’S FOURTH ADDITION” to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2004-42 subject to the effective date of Ordinance No. 7036. Planning Commission recommended approval recognizing that the Planned zoning designation for District R-3 does not require planned development for R-1 development and single family use fits into the neighborhood.

 

Moved by Hadley seconded by Buschkoetter to approve the application submitted by Mitch Humphrey (Applicant) for Kearney Area Habitat for Humanity Inc. (Owner) for final plat approval of “FREDERICK’S FOURTH ADDITION” to the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2004-42 subject to the effective date of Ordinance No. 7036.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-42

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “FREDERICK’S FOURTH 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 9TH DAY OF march, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ORDINANCE NO. 7037 – VACATE PART OF LOT 1759, ORIGINAL TOWN OF KEARNEY JUNCTION

 

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

 

The applicant is requesting approval of a two-lot residential subdivision located on the east side of Avenue F.  This land is currently zoned R-1.  The land available for this subdivision includes part of vacated 12th Street.  Part of the original subdivision will be vacated and that land will be combined with part of vacated 12th Street to form two lots.  There is a house and a shed existing on the property.

 

Vacation

Part of a lot in the Original Town of Kearney Junction subdivision must be vacated so that the property can be replatted as Liljehorn Addition.

 

Subdivision Plats

The Preliminary Plat and Final Plat consist of a two-lot subdivision.  The Preliminary Plat was approved by Planning Commission on February 20, 2004.  Proposed Lot 2 contains the existing house and shed but the structures are located too close to the proposed lot line to meet code requirements.  Therefore, the City and the Owner have agreed to execute a Subdivision Agreement that allows the structures to remain for a period of up to five years, after which time expires and the structures must be removed.  Any new construction shall comply with all setback and current code requirements.  The City reserves the right to demolish the buildings and assess the cost against the property if the Owner does not comply with the five-year deadline.  Public services are available and a note on the Preliminary Plat indicates their availability and location.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. He stated this is to vacate a portion of a lot and come back with a subdivision agreement is important because there is an older structure that at some point must be removed.  The City Clerk has a signed subdivision agreement on this project. 

 

Council Member Buschkoetter introduced Ordinance No. 7037, being Subsection 7 of Agenda Item VI to vacate part of Lot 1759, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (east of Avenue F and north of vacated 12th 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. 7037 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. 7037 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. 7037 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 – LILJEHORN ADDITION

 

Mayor Blankenship opened for discussion the application submitted by Mitch Humphrey (Applicant) for James W. Liljehorn (Owner) for final plat approval of “LILJEHORN ADDITION” to the City of Kearney, Buffalo County, Nebraska, to consider the Subdivision Agreement, and to consider Resolution No. 2004-43 subject to the effective date of Ordinance No. 7037. Planning Commission recommended approval subject to approval of proposed Lot 2 since the existing structure will violate both the front yard and side yard setbacks and recognizes that a Subdivision Agreement must be established between the City and the owner of the property requiring the existing structure be removed within five years and any new building placed on that lot must conform with current code regulations.

 

Moved by Kearney seconded by Clouse to approve the application submitted by Mitch Humphrey (Applicant) for James W. Liljehorn (Owner) for final plat approval of “LILJEHORN ADDITION” to the City of Kearney, Buffalo County, Nebraska, approve the Subdivision Agreement, and approve Resolution No. 2004-43 subject to the effective date of Ordinance No. 7037.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-43

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “LILJEHORN 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 Subdivision Agreement shall be filed at the same time the final plat is filed with the Buffalo County Register of Deeds.

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

            PASSED AND APPROVED THIS 9TH DAY OF march, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

FINAL PLAT – KNAPP’S SECOND SUBDIVISION

 

Mayor Blankenship opened for discussion the Application submitted by Mitch Humphrey (Applicant) for Lorin C. Knapp Estate, Imogene U. Knapp, Personal Representative (Owner) for Final Plat approval of “KNAPP’S SECOND SUBDIVISION”, Buffalo County, Nebraska said property described as a tract of land being part of the East Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M., containing 11.72 acres, more or less, Buffalo County, Nebraska (west of 30th Avenue, south side of the Overpass), approve the Subdivision Agreement, and to consider Resolution No. 2004-44. Planning Commission recommended approval.

 

The applicant is requesting approval of a one-lot commercial subdivision located just south of the 30th Avenue Railroad overpass on the north side of 16th Street extended west.  This land is currently zoned C-3.  The land was zoned in the past but never subdivided.  The parcel is 11.72 acres of which 0.69 acres has been deeded to the City for road purposes leaving a net acreage of 11.03 acres.  The proposed use for this parcel is an office building.

 

Subdivision Plats

The Preliminary Plat and Final Plat consist of a one-lot subdivision.  The Preliminary Plat was approved by Planning Commission on February 20, 2004.  Public services are not available at this time.  The Owner and the City have agreed to execute a Subdivision Agreement to allow the use of an individual well and septic system in the interim time period until services are available.  16th Street extended west from 30th Avenue will not go in at this time either since water and sewer cannot be constructed yet.  The street and associated sidewalk will be installed in the future.  The Owner will agree to connect to public services when available and not to protest improvement districts that become available in the future.  The property cannot be annexed at this time, but the Owner agrees to annexation when the City decides it is in the best interest to do so.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. He stated this will be a commercial development on a piece of property located west of the 30th Avenue crossing over the Union Pacific tracks and north of 11th Street.  What needs to happen is Plat approval so they can move forward.  The project, which has not yet been disclosed to the public, will be a nice improvement to that part of town. 

 

Moved by Clouse seconded by Hadley to approve the Application submitted by Mitch Humphrey (Applicant) for Lorin C. Knapp Estate, Imogene U. Knapp, Personal Representative (Owner) for Final Plat approval of “KNAPP’S SECOND SUBDIVISION”, Buffalo County, Nebraska said property described as a tract of land being part of the East Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of the 6th P.M., containing 11.72 acres, more or less, Buffalo County, Nebraska (west of 30th Avenue, south side of the Overpass), approve the Subdivision Agreement, and approve Resolution No. 2004-44.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-44

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “KNAPP’S SECOND SUBDIVISION” a subdivision being part of the East Half of the Southeast Quarter of Section 4, 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 Subdivision Agreement shall be filed at the same time the final plat is filed with the Buffalo County Register of Deeds.

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

            PASSED AND APPROVED THIS 9TH DAY OF MARCH, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ORDINANCE NO. 7038 – CREATE PAVING DISTRICT NO. 2004-881

 

Director of Public Works, Rod Wiederspan, presented items 10 through 19 together. Chapter 16 of the Nebraska Revised Statutes spells out the rules by which paving, water, and sewer districts may be created in public entities.  Attached are copies of the key statutes, which pertain to creation of improvement districts.  Basically, the Council has the power to create districts and make improvements and assess the costs to the property which is benefited by the improvements.

 

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

 

Letters from Roberta Corrigan as Trustee and as General Partner requesting that paving, water and sewer districts be created for 60th Street, 1st Avenue, and 65th Street in Ingalls Crossing Third Addition; and from Lorin Downing for paving on Avenue A south of 11th Street were submitted to the City for consideration.  According to the state statutes, the Council has the authority to pass ordinances, which would create the districts and begin the process prescribed by law.

 

Council Member Hadley introduced Ordinance No. 7038, being Subsection 10 of Agenda Item VI to create Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st 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 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, 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. 7038 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 Buschkoetter seconded by Blankenship that Ordinance No. 7038 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. 7038 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. 7039 – CREATE WATER DISTRICT NO. 2004-530

 

Council Member Hadley introduced Ordinance No. 7039, being Subsection 11 of Agenda Item VI to create Water District No. 2004-530 for 60th Street from 2nd Avenue to 1st 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 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, 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. 7039 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 Buschkoetter seconded by Blankenship that Ordinance No. 7039 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. 7039 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. 7040 – CREATE SEWER DISTRICT NO. 2004-472

 

Council Member Hadley introduced Ordinance No. 7040, being Subsection 12 of Agenda Item VI to create Sewer District No. 2004-472 for 60th Street from 2nd Avenue to 1st 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 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, 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. 7040 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 Buschkoetter seconded by Blankenship that Ordinance No. 7040 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. 7040 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. 7041 – CREATE PAVING DISTRICT NO. 2004-882

 

Council Member Hadley introduced Ordinance No. 7041, being Subsection 13 of Agenda Item VI to create Paving Improvement District No. 2004-882 for 1st Avenue from 60th Street to 65th 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, 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. 7041 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 Buschkoetter seconded by Blankenship that Ordinance No. 7041 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. 7041 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. 7042 – CREATE WATER DISTRICT NO. 2004-531

 

Council Member Hadley introduced Ordinance No. 7042, being Subsection 14 of Agenda Item VI to create Water District No. 2004-531 for 1st Avenue from 60th Avenue to 65th 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, 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. 7042 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 Buschkoetter seconded by Blankenship that Ordinance No. 7042 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. 7042 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. 7043 – CREATE SEWER DISTRICT NO. 2004-473

 

Council Member Hadley introduced Ordinance No. 7043, being Subsection 15 of Agenda Item VI to create Sewer District No. 2004-473 for 1st Avenue from 60th Avenue to 65th 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, 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. 7043 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 Buschkoetter seconded by Blankenship that Ordinance No. 7043 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. 7043 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. 7044 – CREATE PAVING DISTRICT NO. 2004-883

 

Council Member Hadley introduced Ordinance No. 7044, being Subsection 16 of Agenda Item VI to create Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet, 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, 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. 7044 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 Buschkoetter seconded by Blankenship that Ordinance No. 7044 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. 7044 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. 7045 – CREATE WATER DISTRICT NO. 2004-532

 

Council Member Hadley introduced Ordinance No. 7045, being Subsection 17 of Agenda Item VI to create Water District No. 2004-532 for 65th Street from 2nd Avenue east a distance of 1,058 feet, 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, 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. 7045 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 Buschkoetter seconded by Blankenship that Ordinance No. 7045 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. 7045 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. 7046 – CREATE SEWER DISTRICT NO. 2004-474

 

Council Member Hadley introduced Ordinance No. 7046, being Subsection 18 of Agenda Item VI to create Sewer District No. 2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet, 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, 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. 7046 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 Buschkoetter seconded by Blankenship that Ordinance No. 7046 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. 7046 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. 7047 – CREATE PAVING DISTRICT NO. 2004-884

 

Council Member Hadley introduced Ordinance No. 7047, being Subsection 19 of Agenda Item VI to create Paving Improvement District No. 2004-884 for Avenue A from the south line of 11th Street south to the north line of vacated 10th 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, 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. 7047 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 Buschkoetter seconded by Blankenship that Ordinance No. 7047 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. 7047 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.

 

AMEND LIGHTHOUSE POINT SUBDIVISION AGREEMENT

 

Mayor Blankenship stated Administration received a fax from the applicant requesting to table any action until March 23, 2004 on the “Second Amendment to Lighthouse Point Subdivision Agreement” between the City of Kearney and DT Development, Inc.

 

Moved by Blankenship seconded by Kearney to table until March 23, 2004 any action on the “Second Amendment to Lighthouse Point Subdivision Agreement” between the City of Kearney and DT Development, Inc.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

OPEN ACCOUNT CLAIMS         NPPD -- $226.11

                                                BRUCE BLANKENSHIP -- $33.12

 

Moved by Kearney seconded by Hadley that Open Account Claims in the amount of $226.11 payable to NPPD and to Bruce Blankenship in the amount of $33.12 be allowed.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley.  Nay: None.  Blankenship and Clouse abstained.  Motion carried.

 

VII.    REPORTS

 

UPDATE ON PUBLIC SECTOR

 

Assistant City Manager John Prescott stated the in the March Utility Bill Newsletter has the citizens satisfaction survey on the back as we do annually each March.  This survey is also available on the City website.  This is for those people who are renters or perhaps not the one responsible for the bill, but have some comments and would like to print it off and send it to the City.  The results will be tabulated and a report will be made to the City Council in May.  This is the fourth year the City has had this survey.  It has been an excellent way to obtain citizen input about how services are, opportunity for questions, and offer suggestions. 

 

Mr. Prescott also stated the City is a participant in the Public Sector Cooperative which consists of the City, Buffalo County, Educational Service Unit 10, Kearney Public Schools, and University of Nebraska of Kearney.  This group has several different projects that they work on.  The Public Sector Task Force develops training programs that are joint training programs to which each one of these sectors can send their employees.  It has proven to be extremely successful and provides an opportunity for training that each individually could not do.  Each one of the organizations funds $1,000 in the program each year.  He presented a report of the expenditures, showing the average cost of about $10 per participant.  Another report which shows the enrollment for each one in 2003 of the entities for each date and program.  They have also developed a website for employees so they can see what programs are coming up in 2004.    

 

Director of Utilities Kirk Stocker stated since March brings gusty winds, he reminded people to bag their trash before they put it in the container.  By bagging trash, it keeps the town clean and reduces litter at the landfill.  He also thanked the people who are tarping their loads going to the landfill.  The staff out there has noticed some marked improvement and they are looking forward to a better year.

 

Director of Public Works Rod Wiederspan provided a colored map showing the street development that has been done over the past twelve years.  Council member Clouse commended the work that it shows has been done and said it will be a valuable tool when people complain that things are not getting done.

 

Mr. Wiederspan stated 30th Avenue has been closed and that project has been started.  There will be some inconveniences throughout the construction season, but once it is done and 4-laned from the overpass to 39th Street will be a big improvement for traffic flow.

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Buschkoetter that Council adjourn at 8:46 p.m.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

                                                                                    BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK