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Kearney, Nebraska

June 8, 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 June 8, 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: Jim Hunt, Alex Gangwish, Donna Bamford, Mitch Humphrey, Ron Ridgway, Jim Fox, Mike Meyer, and 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

 

Mayor Blankenship requested a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

Boy Scout Logan Rall led the Council members and audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING - EAST OF 30TH AVENUE AND NORTH OF CANAL HEIGHTS DRIVE

 

Mayor Blankenship opened the public hearing on the Application submitted by Roxanne and Mike Meyer and James and Donna Bamford (Applicant and Owner) to rezone from “District C-0/PD, Office District/Planned Development Overlay District” to “District R-1, Urban Residential Single Family District (Low Density)” property described as Lots 3, 4, 5, Highland Park Addition, Buffalo County, Nebraska (east of 30th Avenue and north of Canal Heights Drive). Planning Commission recommended approval.

 

The applicant is requesting rezoning from “District C-0/PD, Office District/ Planned Development Overlay District” to “District R-1, Urban Residential Single-Family (low density) District” for three lots located on the east side of 30th Avenue, north of Canal Heights Drive.

 

These lots were previously rezoned from R-1 to C-0/PD along with the lot the O’Brien Insurance Building occupies and another lot to the north.  Staff advised Mr. O’Brien that it would be preferable to zone multiple lots than a single lot, as limited zoning area could be challenged as “spot” zoning. All five lots were rezoned at that time. Code allows construction of single-family homes in C-0 zoning.  It appears that the owners of these three lots are not interested in developing at this time and would like to avoid the roadway assessments associated with 30th Avenue improvements.  If zoned C-0 they will be assessed.  If zoned R-1 they will not be assessed. Lot 5 cannot take access from 30th Avenue, while Lots 3 and 4 have no alternative, so access to 30th Avenue is acceptable.  If these lots are rezoned for commercial use in the future, they will be assessed for the 30th Avenue improvements at that time.

 

The rezoning request for R-1 zoning seems reasonable.  The Land Use Map of the City of Kearney Comprehensive Plan shows this area as “Urban Residential – Low Density.”  The land to the east is a residential subdivision.

 

Mike Meyer, #6 Canal Heights, presented this matter to the Council. This property was zoned for Mike O’Brien’s office building.  His property was zoned C-1 and he had no intention of using it for anything other than playing ball on it. 

 

Council Member Clouse verified that if they ever would develop the property to commercial, they would then be assessed at that point.  Mr. Meyer was in agreement with this.

 

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 Roxanne and Mike Meyer and James and Donna Bamford (Applicant and Owner) to rezone from “District C-0/PD, Office District/Planned Development Overlay District” to “District R-1, Urban Residential Single Family District (Low Density)” property described as Lots 3, 4, 5, Highland Park Addition, Buffalo County, Nebraska (east of 30th Avenue and north of Canal Heights Drive).  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

REZONING - WEST OF 600 LANDON STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Alex Gangwish (Owner) to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of Government Lot 3 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 0.71 acres more or less, Buffalo County, Nebraska (west of 600 Landon Street). Planning Commission recommended approval. Administration recommends that the land be subdivided prior to the issuance of any permits and that a Subdivision Agreement shall be required at that time.

 

The applicant is requesting rezoning from Agricultural to District M-1, Limited Industrial District for a 0.71-acre tract of land located west of 600 Landon Street.  The property is currently being used to store and transfer building construction materials which is not an allowable use in Agricultural zoning.

 

District M-1 zoning will allow the type of land use the applicant is pursuing and fits well with the surrounding land uses and zoning.  The applicant would also like to construct a building addition which will require a building permit and a septic field or grinder pump system which will also require a permit. The land must be subdivided before any permits are issued. A Subdivision Agreement will be required at that time.  Staff has agreed to allow the rezoning request to move forward with the understanding that a subdivision application will be forthcoming as soon as possible.

 


Mitch Humphrey presented this matter to the Council. He stated that several months ago a piece of property was brought before the Council that was rezoned directly to the east of this property.  Now they want to do what they originally intended to do, which is to encompass another 0.71 of an acre directly to the west of that piece. The City staff and the applicant have come to terms with the requirement of the subdivision agreement of platting that needs to happen along this area in the future as it develops.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Hadley to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Alex Gangwish (Owner) to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of Government Lot 3 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 0.71 acres more or less, Buffalo County, Nebraska (west of 600 Landon Street) subject to compliance of the requirement that the land be subdivided prior to the issuance of any permits and that a Subdivision Agreement shall be required at that time. Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

INCLUSION WITHIN CORPORATE LIMITS – PARK VIEW ESTATES SECOND ADDITION

 

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

 

Mayor Blankenship opened the public hearing on the Application submitted by Ron Ridgway (Applicant) for Lauren D. Striker-Rapp and Kelly J. Rapp (Owner) for the inclusion of “PARK VIEW ESTATES SECOND ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter and part of Government Lot 2, all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., containing 5.67 acres, more or less, Buffalo County, Nebraska (both sides of 12th Avenue extended to 8th Street and a short distance beyond) and to consider Resolution No. 2004-94. Planning Commission recommended approval.

 

The applicant is requesting approval of the Final Plat and annexation of an 18-lot subdivision located in southwest Kearney along 12th Avenue and 8th Street.  The development will consist of 18 single-family lots on 5.67 acres.  The project requires approval of the Final Plat and annexation.  The Preliminary Plat was approved by Planning Commission on May 17, 2002.

 

Final Plat

The Preliminary Plat of Park View Estates was approved May 17, 2002 and consisted of 73 lots including the 18 lots that will now be final platted as Park View Estates 2nd Addition.  The Final Plat is in conformance with the Preliminary Plat.  A Public Works Plan was submitted at that time. No Subdivision Agreement is required.

 

Annexation

If the Final Plat is approved, the property can be served with municipal services and should therefore be incorporated into the corporate limits of the city.

 

Ron Ridgway presented this matter to the Council. There are another 18 lots ready to develop.  This involves basically 12th Avenue extended south from its existing position at 8th Street going another block to the east. Council Member Buschkoetter asked what the plan is for the property behind the proposed cul-de-sac.  Director of Public Works responded the property south of this is to be residential-single family.  The industrial, similar to Cash-Wa, would be east of this property along 6th Avenue17th Avenue is slated to go south.  On the preliminary plat, the sewer is currently in an easement, which will be about 4th Street alignment, and would turn around and tie into the east. 

 

Council Member Kearney asked if this was in the flood plain since it is so close to the river.  Mr. Ridgway stated that it is getting close to the flood plain, but is not in the zone.  They will be doing some filling like they have done to the west of this property. 

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the Application submitted by Ron Ridgway (Applicant) for Lauren D. Striker-Rapp and Kelly J. Rapp (Owner) for the inclusion of “PARK VIEW ESTATES SECOND ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter and part of Government Lot 2, all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., containing 5.67 acres, more or less, Buffalo County, Nebraska (both sides of 12th Avenue extended to 8th Street and a short distance beyond) and approve Resolution No. 2004-94. Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-94

 

            WHEREAS, an Application has been submitted by Ron Ridgway (Applicant) for Lauren D. Striker-Rapp and Kelly J. Rapp (Owner) for the inclusion of “PARK VIEW ESTATES SECOND ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter and part of Government Lot 2, all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the northeast corner of the Northwest Quarter of said Section 11 and assuming the east line of said Northeast Quarter of the Northwest Quarter as bearing S00°00’15”E and all bearings contained herein are relative thereto; thence S00°00’15”E and on the east line of said Northwest Quarter of distance of 20.0 feet to a point on the south line of 11th Street, a street in the City of Kearney, Buffalo County, Nebraska; thence N89°44’36”W on said south line a distance of 30.0 feet to the northeast corner of Lot 1, Block 1, Rapp Addition, an addition to the City of Kearney, Buffalo County, Nebraska; thence S00°00’15”E on the east line of said Lot 1 parallel with and 30.0 feet west of the east line of said Northwest Quarter a distance of 604.0 feet to the southeast corner of said Lot 1; thence N89°44’36”W on the south line of the aforesaid Rapp Addition a distance of 665.66 feet to the Actual Place of Beginning, said place of beginning being the southeast corner of Lot 16, Block 2 in said Rapp Addition; thence continuing N89°44’36”W on the aforesaid south line of Rapp Addition a distance of 290.0 feet to the southwest corner of Lot 8, Block 3 in Rapp Addition; thence S00°00’15”E parallel with said east line and along the east line of Park View Estates, an addition to the City of Kearney, Buffalo County, Nebraska, a distance of 840.0 feet, to the southeast corner of Lot 3, Block 2 in said Park View Estates; thence S89°44’36”E and parallel with the south line of Rapp Addition a distance of 302.5 feet; thence N00°00’15”W parallel with said east line a distance of 280.3 feet; thence N89°44’36”W parallel with the south line of Rapp Addition a distance of 12.5 feet; thence N00°00’15”W parallel with said east line a distance of 559.7 feet to the place of beginning, containing 5.67 acres, more or less, all in Buffalo County, Nebraska (both sides of 12th Avenue extended to 8th Street and a short distance beyond); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on May 21, 2004 on the inclusion of “PARK VIEW ESTATES SECOND ADDITION” within the corporate limits and recommended the Kearney City Council approve said application; and

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

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on June 8, 2004 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the land to be platted as “PARK VIEW ESTATES SECOND ADDITION” shall be included within the corporate limits of the City of Kearney, Buffalo County, Nebraska, that the inhabitants of such addition shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules and regulations of the City of Kearney.

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

            PASSED AND APPROVED THIS 8TH DAY OF JUNE, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

FINAL PLAT – PARK VIEW ESTATES SECOND ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Ron Ridgway (Applicant) for Lauren D. Striker-Rapp and Kelly J. Rapp (Owner) for Final Plat approval of “PARK VIEW ESTATES SECOND ADDITION” to the City of Kearney, Buffalo County, Nebraska said property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter and part of Government Lot 2, all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., containing 5.67 acres, more or less, Buffalo County, Nebraska (both sides of 12th Avenue extended to 8th Street and a short distance beyond) and to consider Resolution No. 2004-95. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the Application submitted by Ron Ridgway (Applicant) for Lauren D. Striker-Rapp and Kelly J. Rapp (Owner) for Final Plat approval of “PARK VIEW ESTATES SECOND ADDITION” to the City of Kearney, Buffalo County, Nebraska said property described as a tract of land being part of the Northeast Quarter of the Northwest Quarter and part of Government Lot 2, all located in Section 11, Township 8 North, Range 16 West of the 6th P.M., containing 5.67 acres, more or less, Buffalo County, Nebraska (both sides of 12th Avenue extended to 8th Street and a short distance beyond) and approve Resolution No. 2004-95. Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-95

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “PARK VIEW ESTATES SECOND 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 8TH DAY OF JUNE, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

INCLUSION WITHIN CORPORATE LIMITS – MARIANNE HUNT 2ND ADDITION

 

This Public Hearing and Public Hearings 5 and 6 were discussed together but voted on separate.

 

Mayor Blankenship opened the public hearing on the Application submitted by Ron Ridgway (Applicant) for James Hunt (Owner) for the inclusion of “MARIANNE HUNT 2ND ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Northwest Quarter of the Northeast Quarter and part of the East Half of the Northeast Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 25.58 acres, more or less, Buffalo County, Nebraska (between Avenue D and Avenue H and south of 10th Street to 8th Street) and to consider Resolution No. 2004-96. Planning Commission recommended approval.

 

This project was before the Planning Commission two months ago.  The Commission made a recommendation for approval subject to obtaining sufficient right-of-way for 8th Street.  The applicant has revised the subdivision layout instead.  The applicant is requesting approval of an 82-lot subdivision located in southeast Kearney between Avenue D and Avenue H, south of 10th Street to 8th Street.  The development will consist of single-family homes on the majority of the lots with 24 duplex lots to the south and east borders of the property.  If approved, the project requires rezoning, vacation, subdivision platting, and annexation.

 

Vacation

The south half of 10th Street from Avenue F east to Avenue H as platted in Block 4 and Block 5 of vacated South Park Addition must be vacated to accommodate replatting of this land as “Marianne Hunt 2nd Addition.”

 

Rezoning

The applicant is requesting rezoning of 24 lots from R-1 to R-2 to allow the flexibility to build duplexes as well as single-family dwellings.  These lots are located on the south and east edges of the development fronting Avenue H and 8th Street.  The property to the south of this development is zoned M-1 and duplex development will make a nice transitional land use between the R-1 and M-1 zones.

 

Subdivision Plats

The Preliminary Plat was approved by Planning Commission on May 21, 2004.  The Final Plat consists of an 82-lot subdivision on 25.58 acres to be known as Marianne Hunt 2nd Addition.  The layout of the subdivision has been revised several times based on staff input.  The current version works well.  The intent is to provide affordable single-family and duplex construction.  A Public Works Plan has been submitted.

 

Annexation

If the Final Plat is approved, the property can be served with municipal services and should therefore be incorporated into the corporate limits of the city.

 

Ron Ridgway presented this matter to the Council. This is an 82-lot subdivision located east of Avenue D and south of 10th Avenue.  There were several options discussed and they agreed on this proposal.  They are also requesting to vacate the south half of 10th Street on the northeastern part and the rezoning of the southern and eastern pair of lots.   They have added the 20-foot access easement in Lot 7, Block 4 for the Fischer’s to access their property to the south and enlarged all the easements on the back of the lots in accordance with the request by the utilities.  They have added a sanitary sewer easement along 10th Street and Avenue D so they can place sanitary sewer without tearing up the existing concrete too much. Council Member Kearney asked if going from R-1 to R-2 is to provide a buffer area?  Director of Public Works stated that the property to the south of this is slated to be M-1, Light Industrial so that R-2 will be a buffer between the single family. 

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Kearney to close the hearing and approve the Application submitted by Ron Ridgway (Applicant) for James Hunt (Owner) for the inclusion of “MARIANNE HUNT 2ND ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Northwest Quarter of the Northeast Quarter and part of the East Half of the Northeast Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 25.58 acres, more or less, Buffalo County, Nebraska (between Avenue D and Avenue H and south of 10th Street to 8th Street) and approve Resolution No. 2004-96. Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-96

 

            WHEREAS, an Application has been submitted by Ron Ridgway (Applicant) for James Hunt (Owner) for the inclusion of “MARIANNE HUNT 2ND ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Northwest Quarter of the Northeast Quarter and part of the East Half of the Northeast Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows:  Referring to a point being 17.0 feet westerly of the northwest corner of Block 3 of vacated Sibley’s Addition and assuming the line being 17.0 feet westerly of the West line of said Block 3 (if extended southerly) as bearing S00°24’24”W and all bearings contained herein are relative thereto; thence S00°24’24”W parallel with the East line of said Block 3 (if extended southerly) a distance of 761.05 feet; thence S89°47’39”E a distance of 17.0 feet to the ACTUAL PLACE OF BEGINNING; thence S89°47’39”E a distance of 39.48 feet; thence along a curve to the left having a central angle of 33°38’32” and a radius of 233.00 feet; thence N56°18’44”E a distance of 40.17 feet; thence along a curve to the right having a central angle of 33°44’05” and radius of 167.00 feet; thence N89°57’11”E a distance of 965.07 feet; thence N00°34’34”E a distance of 639.02 feet; thence S89°39’59”E a distance of 148.67 feet; thence S00°24’57”W a distance of 788.01 feet; thence S89°57’11”W a distance of 656.95 feet; thence N89°57’09”W a distance of 650.92 feet; thence N00°43’11”W a distance of 52.0 feet; thence N89°47’39”W a distance of 99.3 feet; thence N00°14’29”E a distance of 7.00 feet to the place of beginning, all located in Buffalo County, Nebraska (between Avenue D and Avenue H and south of 10th Street to 8th Street); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on May 21, 2004 on the inclusion of “MARIANNE HUNT 2ND ADDITION” within the corporate limits and recommended the Kearney City Council approve said application; and

            WHEREAS, said application to include the land within the corporate limits was duly signed by the owners of the land affected with the express intent of platting the land as “MARIANNE HUNT 2ND ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska;

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on June 8, 2004 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City.

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the land to be platted as “MARIANNE HUNT 2ND ADDITION” shall be included within the corporate limits of the City of Kearney, Buffalo County, Nebraska, that the inhabitants of such addition shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules and regulations of the City of Kearney.

            BE IT FURTHER RESOLVED that the inclusion of “MARIANNE HUNT 2ND ADDITION” within the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County Register of Deeds.

            PASSED AND APPROVED THIS 8TH DAY OF JUNE, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

FINAL PLAT – MARIANNE HUNT 2ND ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Ron Ridgway (Applicant) for James Hunt (Owner) for Final Plat approval of “MARIANNE HUNT 2ND ADDITION” to the City of Kearney, Buffalo County, Nebraska said property described as a tract of land being part of Northwest Quarter of the Northeast Quarter and part of the East Half of the Northeast Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 25.58 acres, more or less, Buffalo County, Nebraska (between Avenue D and Avenue H and south of 10th Street to 8th Street) and to consider Resolution No. 2004-97. Planning Commission recommended approval stipulating that a 20-foot ingress-egress easement be shown for the existing driveway on proposed Lot 7 of Block 4.

 

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 James Hunt (Owner) for Final Plat approval of “MARIANNE HUNT 2ND ADDITION” to the City of Kearney, Buffalo County, Nebraska said property described as a tract of land being part of Northwest Quarter of the Northeast Quarter and part of the East Half of the Northeast Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 25.58 acres, more or less, Buffalo County, Nebraska (between Avenue D and Avenue H and south of 10th Street to 8th Street) and approve Resolution No. 2004-97 subject to compliance of the requirement that a 20-foot ingress-egress easement shall be shown on the final plat for the existing driveway on proposed Lot 7 of Block 4.  Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-97

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “MARIANNE HUNT 2ND ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved subject to compliance of the requirement that a 20-foot ingress-egress easement shall be shown on the final plat for the existing driveway on proposed Lot 7 of Block 4, 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 8TH DAY OF JUNE, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – BETWEEN AVENUE D AND AVENUE H AND SOUTH OF 10TH STREET TO 8TH STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by Ron Ridgway (Applicant) for James Hunt (Owner) to rezone from “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of Northwest Quarter of the Northeast Quarter and part of the East Half of the Northeast Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (between Avenue D and Avenue H and south of 10th Street to 8th Street). Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Hadley to close the hearing and approve the Application submitted by Ron Ridgway (Applicant) for James Hunt (Owner) to rezone from “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of Northwest Quarter of the Northeast Quarter and part of the East Half of the Northeast Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (between Avenue D and Avenue H and south of 10th Street to 8th Street). Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

IV.    CONSENT  AGENDA

 

Moved by Hadley seconded by Buschkoetter that Subsections 1 through 5 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney.  Nay: None.  Motion carried.

 

1.         Approve Minutes of Regular Meeting held May 25, 2004.

 

2.         Approve the following Claims: A.M. Player $362.27 Su; Ace Hardware $200.53 Various; Advance Auto Parts $12.46 Su; AFLAC $1,687.22 Ded; Agent Fee $20.00 Tr; Alamar Uniforms $2,784.13 Cla; Allied Electronics $47.99 Inv; Alltel $607.23 Serv; Amazon.Com $22.46 Bks; Amer Assoc of Airprt Executives $1,350.00 Tr; Amer Electric $623.91 Various; Amer Fence $38,885.27 Serv; Amer Library Assoc $135.10 Su; Amer Red Cross $274.00 Su; Amer Test Center $1,955.00 Various; Ask Supply $767.37 Su; Atco Mfg. $209.86 Su; Aubert, A $31.45 Ref; Auto Glass $315.00 Inv; B&H Photo & Video $161.80 Su; Baird, Holm $4,575.00 Bond Payment; Baker & Taylor Books $2,771.87 Bks; Barco Municipal Products $2,598.00 Su; Barney Insurance $425.00 Ins; BBC America Shop $36.23 Su; BBC Audiobooks America $187.38 Bks; Best Access Systems $827.74 Su; Bill's Trailer Sales $9.00 Su; Blessing $115,153.04 Serv; Blevins, D $60.00 Other; BlueCross Blue Shield of NE $46,580.64 Claims; Bob's Apco $17.50 Su; Bob's Super Store $42.63 Su; Bob's Total $22.00 Su; Books on Tape $76.80 Bks; Broekmeier, K $18.80 Ref; Buffalo Co Treasurer $36.00 Equip; Buffalo Co Weed Dist $1,051.86 Rep; Buggy Bath $35.00 Rep; Builder's $1,619.03 Various; C&H Distributors $325.71 Su; Canada Life Assurance $4,142.60 Various; Carquest of Ky $45.38 Rep; Cart Parts $143.80 Su; Cash Wa $114.16 Various; CDW Gov't $603.19 Su; Central Comm College $75.00 Tr; Central Fire & Safety $52.00 Various; Central Hydraulic $939.25 Various; Central NE Bobcat $31.56 Inv; Central NE Equipment $277.05 Various; CHAD $8.00 Ded; City of Ky $882,161.02 Various; City of Lawrence, KS $790.00 Tr; Clifford of Vermont $415.20 Su; Cold Spring Granite $162.00 Su; College Savings Plan of NE $65.00 Ded; Commercial Turf $250.73 Su; Computer Warehouse #4 $123.52 Su; Conseco Life Ins $38.00 Ded; Construction Rental $264.20 Su; Cook, J $107.50 Tr; Copycat Printing $1,237.05 Serv; Cordova, T $43.25 Tr; Crossroads Ford $4,471.56 Serv; Crowne Plaza Old Mill $73.38 Tr; Culligan $106.48 Serv; Cummins Great Plains $36.03 Inv; Central Valley Irrigation $470.42 Rep; D Milaco $72.00 Su; Dannehl's Feed $72.70 Su; Dawson Co PPD $16,312.92 Serv; Days Inn Lincoln $62.33 Tr; Dempcy, D $100.00 Tr; Denny's Photography $826.26 Su; Deterding's $101.76 Su; Diamond Vogel $127.91 Su; Dillards $58.58 Su; Diverse Media $34.19 Bks; Donaldson, L $50.00 Ref; Double M Farms $2,000.00 Composte; Doubletree Hotels Omaha $76.39 Tr; Dreyer, D $340.52 Tr; Drury Inns $472.15 Tr; Dubs $24.99 Inv; Dugan Business Forms $1,325.17 Su; Dutton Lainson $387.86 Various; E&S Tool Service $13.45 Su; Eakes $426.71 Su; Earl May $103.96 Su; EBSCO $600.00 Bks; Einspahr, J $100.00 Ref; Eirich, T $50.00 Ref; Elliott Equipment $189,531.05 Equip; Embassy Suites $136.40 Tr; EMED $201.85 Su; Epp, M $15.70 Ref; Expressions Wear $264.00 Su; Fairbanks $836.16 Inv; Farmers Union $25.65 Su; Fast Mart $29.65 Su; Fastenal $395.59 Inv; Fireguard $1,418.39 Equip; Floratine Midwest $3,595.00 Rep; Foster, D $44.15 Cla; Fox Bros $3,250.00 Various; Freburg, N $184.62 Ded; Fremont Nat'l Bank $398,934.46 Various; Frontier $7,786.74 Serv; Fuel Mart $21.60 Su; Fyr-Tek $1,418.70 Equip; Galls $248.30 Inv; Gealy's Greenhouse $4,631.87 Su; Glazier, R $56.38 Tr; Good Samaritan Health Systems $450.00 Wellness; Gordon's Small Eng. Repair $280.68 Serv; Graham Tire $67.70 Inv; Grainger.Com $1,399.50 Su; Grand Central IGA $7.55 Su; Great Platte Archway $24.95 Su; Green-Save $339.67 Su; Gronewoller, L $125.00 Rep; H&G $264.67 Serv; H&H $1,463.30 Su; H.T.E. Users $750.00 Serv; Hach $386.44 Rep; Heartland Services $892.60 Su; Heritage Hills Golf $1,000.00 Su; Hobby-Lobby $13.30 Su; Hogg, M $161.88 Ref; Holmes Plbg $739.45 Serv; Horizon Designs $125.00 Su; Horner, G $43.52 Ref; Humphry, K $2.12 Ref; Hydrologic Water Management $53.46 Su; IBM $232.14 Su; ICMA RC $2,875.97 Ded; Independence Care Underwriting $18,810.42 Prem; Information Publication $64.00 Bks; IRS $80,125.03 Ded; Isaac, B $100.00 Ref; Isaac, S $100.00 Ref; ISCO $217.50 Su; ISDN $14.95 Su; Jack Lederman & Co $80.32 Su; Jamar Technical $61.32 Inv; Jameson, A $100.00 Ref; Johnson Service $766.80 Rep; K&K Parts $534.93 Various; K Mart $22.87 Su; Ky Area Chamber of Commerce $25,153.63 Hotel Occ Tax; Ky Area Solid Waste Agency $134,792.78 Tipping Fees; Ky Area United Way $602.36 Ded; Ky Concrete $94.50 Su; Ky Crete $75.60 Various; Ky Glass $50.86 Su; Ky Implement $488.40 Various; Killion Motors $19.32 Inv; King, James $100.00 Ref; Kirkham Michael $15,710.05 Serv; Kirkwood, M $6.36 Tr; Kissell, D $100.00 Ref; Klaus, M $607.78 Tr; Kooyman, R $200.00 Ins; Krepel, J $16.09 Ref; Laughlin, K $360.00 Ded; Lawson Products $164.77 Inv; LARM $743.00 Prem; League of NE Municipalities $563.00 Dues; Lewis, N $167.05 Tr; Lexis Nexis $168.55 Serv; Linda's Upholstery $247.00 Serv; Linweld $261.81 Various; Lisa's Instant Print $56.00 Su; Little Time Contracting $337.60 Rep; Lockmobile $51.00 Su; Logan Contractors $310.00 Inv; LTs Brokerage $706.15 Pstg; Lynch, D $35.65 Tr; Mail Express $157.40 Pstg; Marshall Cavendish $96.93 Bks; Martin, T $54.75 Ref; Martinosky, M $50.00 Ref; May, K $31.35 Ref; Mid-America Pump $2,175.60 Rep; Midland Telecom $500.00 Equip; Midwest Striping $18,803.00 Serv; Midwest Turf $1,036.39 Various; Miller & Associates $46,217.51 Various; Miller Signs $150.00 Equip; Miracle Recreation $1,742.54 Su; Modern Methods $811.80 Serv; Mosbarger, B $200.00 Ins; Mr. Automotive $2,083.92 Various; MSC Ind Supply $343.89 Su; Municipal Emergency Services $57,148.12 Equip; Municipal Supply $456.73 Inv; Municipal Pipe Tool $86.37 Rep; Munster, S $100.00 Ref; Murphy Tractor $164.96 Inv; NAPA $1,713.68 Various; Nat'l Child ID Program $3,300.00 Su; Nat'l Electrical Seminar $110.00 Rep; Nat'l Paper Supply $76.78 Su; NCS Equip $1.65 Rep; NE Art Collection Fdtn $30.85 Su; NE Child Support $892.18 Ded; NE Dept of Revenue $22,378.28 Ded; NE Dept of Env Quality $3,126,703.58 Princ & Int; NE Institute of Forensic Sciences $200.00 Tr; NE Golf & Turf $685.62 Su; NE Peterbilt $103.62 Inv; NE Truck Center $1,340.41 Inv; NEland Distributors $937.50 Su; Newman Signs $34.80 Su; Nickman Brothers $405.36 Serv; NLETC $210.00 Tr; Noffke, M $100.00 Ref; Nogg Chemical $314.29 Inv; Norm's Plbg $414.68 Su; Northern Tool $54.05 Su; Northwest Electric $70.48 Su; Northwestern $3,027.92 Serv; NYSCA $160.00 Su; Office Max $1,228.00 Su; Office Net $2,457.46 Su; Old Home Bakery $12.01 Su; Orbitz Service Fees $6.00 Tr; O'Reilly $513.60 Inv; Orscheln Farm $551.31 Su; Ott, V $2,468.00 Reim; Our Designs $72.50 Su; Overhead Door $578.00 Su; Oxley, C $23.75 Ref; Paramount Linen $22.30 Su; Payflex Systems $399.50 Various; PBD Ala-Graph Editions $88.20 Su; Pioneer Mfg $796.00 Su; Planning Commissioners $135.00 Su; Platte Valley Comm $8,605.68 Serv; Polk Directory $246.00 Su; Power Mole $393.00 Rep; Presco Sales $90.96 Serv; Presto X $73.00 Rep; Prices Tree Service $5,570.00 Serv; Pueblo Chemicals $259.00 Rep; Quality Books $8.81 Bks; Quick N Easy $10.00 Su; Quinn, J $150.00 Other; R&R Products $62.63 Su; Radio Shack $39.56 Su; Radisson Inn Memphis $414.56 Tr; Rainbow Group $1,247.79 Su; Reams Sprinkler $604.37 Su; Recorded Books $546.35 Bks; Recovery Systems $240,184.80 Equip; Reineke, R $100.00 Ref; Reinke's Htg $208.07 Su; Respond First Aid System $82.90 Su; Richards, L $100.00 Ref; Rivershore Reading Store $26.50 Su; Ross Engineering $48,524.57 Serv; SA Foster Lumber $139.50 Su; Saathoff, J $61.88 Tr; Safety-Kleen $203.40 Su; Sahling Kenworth $538.61 Various; Sam's Club $58.20 Su; Sams Internet $30.00 Su; Scarborough $100.00 Ref; Seals, T $100.00 Ref; See Clear Cleaning $1,950.00 Serv; Sherwin Williams $149.92 Su; Shirt Shack $164.50 Su; Shoemaker, N $100.00 Ref; Shopping Tripps $10.88 Su; Sickler, J $13.00 Ref; Signature Fencing $50.69 Su; Simmerman, W $50.00 Serv; Smith, R $100.00 Ref; Spaghetti Shop $466.00 Su; Spencer Turbine $158.00 Su; Sprint $431.95 Serv; Staab, J $100.00 Ref; Stagecoach $33.00 Su; St of NE DAS Comm $26.59 Serv; Strobel Construction $15,646.61 Serv; Superior Signals $261.45 Inv; Sydow, J $100.00 Ref; T&B Cleaning $1,100.00 Serv; Target $19.96 Inv; Tee's Plus $646.68 Su; Texas Refinery $344.00 Su; Thompson, D $75.00 Ref; Thome, Br $15.00 Tr; Throckmorton, R $100.00 Ref; Timestep Players $206.25 Other; Tractor-Supply $414.04 Various; Transcat $212.08 Su; Travl Ins $13.50 Su; Tri City Outdoor Power $24.57 Su; U Save $116.37 Su; UAP Pueblo $52.80 Inv; United Air $264.90 Tr; United Rotary Brush $510.39 Su; UNL Dept of Agronomy $50.00 Tr; UPS $8.40 Inv; Upstart $67.92 Su; USA Track & Field $16.00 Su; USPS $82.57 Pstg; Van Diest Supply $1,241.05 Rep; Village Cleaners $60.00 Su; Village Uniform $448.57 Various; Vohland, K $22.34 Ref; Vulcan $1,849.41 Signs; Wagners Irrigation $647.00 Rep; Wal Mart $762.04 Various; Wald & Co $12,000.00 Su; Washington State Support $102.01 Ded; Wellness Works $450.00 Fees; Wessels, W $80.95 Tr; West, E $8.79 Ref; Whalen, J $100.00 Ref; Wiedel, G $100.00 Ref; Wilke Donovans True Value $305.70 Su; Woods & Aitken $85.56 Serv; Zubrod, D $35.00 License; Payroll Ending 05-29-2004 -- $265,701.39.  The foregoing schedule of claims is published in accordance with Section 19-1102 of the Revised Statutes of Nebraska, and is published at an expense of $_________ to the City of Kearney.

 

3.         Approve the request from the Kearney Police Department to close Avenue B from North Railroad Street north to mid block located south of 21st Street on June 26, 2004 from 8:00 a.m. until 4:00 p.m. for their annual auction.

 

4.         Repeal Resolution No. 2004-78 and approve Resolution No. 2004-98 authorizing Administration to proceed with the application submitted by St. Luke’s Good Samaritan Village under the Housing and Community Development Act.

 

RESOLUTION NO. 2004-98

 

            WHEREAS, the City of Kearney, Nebraska, is an eligible unit of a general local government authorized to file an application under the Housing and Community Development Act of 1974 as Amended for Small Cities Community Development Block Grant Program, and

            WHEREAS, the City of Kearney, Nebraska, has obtained its citizens' comments on community development and housing needs; and conducted public hearing(s) upon the proposed application and received favorable public comment respecting the application which for an amount of $350,000 for construction of a child care facility and general administration; and

            WHEREAS, Resolution No. 2004-78 was approved on May 11, 2004 but the date on the resolution was incorrect and needs to be corrected.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Mayor be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Kearney and the Nebraska Department of Economic Development so as to effect acceptance of the grant application.

            BE IT FURTHER RESOLVED that Resolution No. 2004-78 be and is hereby repealed.

            PASSED AND APPROVED THIS 8TH DAY OF JUNE, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

5.         Repeal Resolution No. 98-120 and approve Resolution No. 2004-99 setting forth the Street Improvement Assessment Policy which includes the “Residential-Low Density” Special Assessment Deferral Policy.

 

RESOLUTION NO. 2004-99

 

WHEREAS, the City of Kearney is authorized by State statute to assess the benefit of public paving improvements to the benefited properties; and

WHEREAS, the Council of the City of Kearney desires to establish a policy for assessment standards, based on construction type, land use type, and street type; and

WHEREAS, the Council desires that such a policy provide equity and consistency in the assessment of improvement benefits; and

WHEREAS, the paving portion considered for assessment is represented by all labor, materials, and equipment required to pave a 36’ wide, 6” thick concrete street.  Paving width/thickness oversizing and intersections are not subject to assessment.

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney that the City of Kearney street improvement assessment policy is as follows:

 

Paving Assessment Percentages – These percentages reflect the assessment applied to the property and are a proportionate amount of the cost of the improvements that benefit the properties.

 

 

 

 

New Street/Alley Construction

 

 

 

Land Use

Arterial

Collector

Local

Residential – Low Density (single family & duplex units only)

100%

100%

100%

Residential – High Density

100%

100%

100%

Commercial

100%

100%

100%

Industrial

100%

100%

100%

 

 

 

 

Street/Alley Reconstruction

 

 

 

Land Use

Arterial

Collector

Local

Residential – Low Density (single family & duplex units only)

50%

50%

50%

Residential –High Density

75%

75%

75%

Commercial

75%

75%

75%

Industrial

75%

75%

75%

 

“Residential – Low Density” (single family & duplex units only) Special Assessment Deferral Policy - Whenever the City of Kearney creates a Paving Improvement District after June 8, 2004 for an arterial street, which includes property zoned R-1 or R-2, the owners of record title of such adjacent property may apply for a “Residential – Low Density” deferral from paving special assessments.  The “Residential – Low Density” special assessment deferral shall apply only to property zoned R-1 or R-2 which is intended to be developed into single family or duplex units only.  Any owner of record title eligible for the “Residential – Low Density” deferral shall make application to the City of Kearney no later than thirty days prior to the date that the City Council sets as a Board of Equalization to assess the costs of the Paving Improvement District.  No “Residential – Low Density” deferrals shall be granted by the City of Kearney to owners of record title of such adjacent property if said property has access to the arterial street via a curb cut.

            The “Residential – Low Density” deferral shall be terminated upon any of the following events:

(1)           Written notification to the City of Kearney by the owner of record title to remove such deferral;

(2)           The property is developed but no longer used as “Residential – Low Density”;

(3)           Change of rezoning to a higher use other than R-1 or R-2;

(4)           The owner of record title request, and is granted by the City of Kearney, a “curb cut” to the arterial street.

 

Whenever property which has received a “Residential – Low Density” deferral becomes disqualified for such deferral, the owner of record title of such property shall pay to the City of Kearney an amount equal to the total amount of special assessments which were deferred against the property.  Interest upon the special assessments shall be deferred, and shall accrue from the time that the City of Kearney determines that the property becomes disqualified for deferral.  The interest rate shall be the same as was charged to other property owners within the special assessment district in question, and shall be amortized over the term to coincide with the original amortization that was allowed to other property owners within the special assessment district in question.

BE IT FURTHER RESOLVED that Resolution No. 98-120 passed and approved on May 26, 1998, and all other resolutions or parts of resolutions in conflict herewith be and are hereby repealed.

PASSED AND APPROVED THIS 8TH DAY OF JUNE, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX OFFICIO MAYOR

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7063 – REZONING; EAST OF 30TH AVENUE AND NORTH OF CANAL HEIGHTS DRIVE

 

Council Member Buschkoetter introduced Ordinance No. 7063, being Subsection 1 of Agenda Item VI to rezone from “District C-0/PD, Office District/ Planned Development Overlay District” to “District R-1, Urban Residential Single Family District (Low Density)” property described as Lots 3, 4, 5, Highland Park Addition, Buffalo County, Nebraska (east of 30th Avenue and north of Canal Heights Drive), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Blankenship seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 7063 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 7063 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7063 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. 7064 – REZONING; WEST OF 600 LANDON STREET

 

Council Member Buschkoetter introduced Ordinance No. 7064, being Subsection 2 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of Government Lot 3 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 0.71 acres more or less, Buffalo County, Nebraska (west of 600 Landon Street) subject to compliance of the requirement that the land be subdivided prior to the issuance of any permits and that a Subdivision Agreement shall be required at that time, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Blankenship seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 7064 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 7064 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7064 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. 7065 – VACATE SOUTH HALF OF 10TH STREET FROM AVENUE F TO AVENUE H

 

Council Member Buschkoetter introduced Ordinance No. 7065, being Subsection 3 of Agenda Item VI to vacate the south half of 10th Street from Avenue F to Avenue H as platted in Block 4 and Block 5 of vacated South Park Addition to the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Blankenship seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 7065 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 7065 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7065 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. 7066 – REZONING; BETWEEN AVENUE D AND AVENUE H AND SOUTH OF 10TH STREET TO 8TH STREET

 

Council Member Buschkoetter introduced Ordinance No. 7066, being Subsection 4 of Agenda Item VI to rezone from “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2, Urban Residential Mixed-Density District” property described as a tract of land being part of Northwest Quarter of the Northeast Quarter and part of the East Half of the Northeast Quarter of the Northwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (between Avenue D and Avenue H and south of 10th Street to 8th 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, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted.  City Clerk read Ordinance No. 7066 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.  Ordinance was read by number.

 

Moved by Blankenship seconded by Kearney that Ordinance No. 7066 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7066 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. 7067 – VACATE PORTION OF KEARNEY PLAZA THIRD

 

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

 

The applicant is requesting approval of a four-lot subdivision located in southwest Kearney west of West LaPlatte Road and south of LaVista Drive.  The development will consist of single-family homes, duplexes, tri-plexes or four-plexes. The exact configuration is not known at this time. The project requires vacation of four existing lots and part of the street and subdivision platting of four new lots located on a cul-de-sac.  The subdivision is basically a slight adjustment of lot lines and the road alignment.

 

Vacation

Lot 17, Block 3, and Lots 10, 11, and part of 12, Block 4 of Kearney Plaza Third Subdivision are to be vacated to accommodate the replat of this area into a subdivision to be known as “Village Plaza Addition.”

 

Subdivision Plats

The Preliminary Plat was approved by Planning Commission on May 21, 2004.  The Final Plat of Village Plaza Addition consists of a four-lot subdivision terminating in a cul-de-sac along West LaPlatte Road.  This road can be extended in the future if the need arises.   A Public Works Plan has been submitted.

 

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

 

Council Member Kearney introduced Ordinance No. 7067, being Subsection 5 of Agenda Item VI to vacate Lot 17 of Block 3, Lots 10, 11 and part of Lot 12 of Block 4, all in Kearney Plaza Third Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska (west of West LaPlatte Road and south of LaVista Road), 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. 7067 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. 7067 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. 7067 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 – VILLAGE PLAZA ADDITION

 

Mayor Blankenship opened for discussion the application submitted by Ron Ridgway (Applicant) for The Nicholas Group (Owner) for final plat approval of “VILLAGE PLAZA ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska (west of West LaPlatte Road and south of LaVista Road) and to consider Resolution No. 2004-98. Planning Commission recommended approval.

 

Moved by Hadley seconded by Buschkoetter to approve the application submitted by Ron Ridgway (Applicant) for The Nicholas Group (Owner) for final plat approval of “VILLAGE PLAZA ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska (west of West LaPlatte Road and south of LaVista Road) and approve Resolution No. 2004-100. Roll call resulted as follows:  Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-100

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “VILLAGE PLAZA 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 8TH DAY OF JUNE, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ORDINANCE NO. 7068 – SERIES 2004 BOND ANTICIPATION NOTES

 

On February 10, 2004, the City Council approved the One and Six Year Plan for Kearney Street Improvements.  This plan included one Paving District that needs to be financed via the issuance of Series 2004 Bond Anticipation Notes.  The Notes will provide short-term (two years) financing for the Paving District.  After the Paving District is completed and assessed to benefiting properties, the Notes will be redeemed at maturity with cash received from the issuance of Series 2006 Various Purpose General Obligation Bonds.  The Bonds will provide long-term (twenty years) financing for the Paving Districts.

 

The following Paving District will be financed with the cash received from the issuance of the Series 2004 Bond Anticipation Notes:

 

2004-885                      30th Avenue from LaCrosse Road to 39th Street

 

The Series 2004 Bond Anticipation Notes will be dated July 15, 2004 and will mature on July 15, 2006.  The City will be responsible for paying semi-annual interest on the Notes during the two-year term of the Notes.  The actual interest rate for the Notes will be determined on June 8, 2004 and presented to the Council by Jim Fox. The total principal amount of the Notes will be approximately $3,280,000.00.

 

The City will issue Series 2006 Various Purpose General Obligation Bonds to redeem the Series 2004 Bond Anticipation Notes when the Notes mature on July 15, 2006.  It is anticipated that the term of the Bonds would be twenty years.  The City will be required to include appropriate funding in its annual budget to pay the principal and interest on the Bonds during the twenty-year term of the Bonds.  Funding to pay the principal and interest on the Bonds will come from special assessments levied against benefiting properties, sales taxes and/or property taxes.

 

Jim Fox from Ameritas presented this matter to the Council.  These are 2-year anticipation notes, which are callable in one year at the option of the City.  These will be funded by the net proceeds of Various Purpose General Obligation Bonds.  They are issuing $3,280,000.00.  $3,250,000.00 will be applied to the construction fund for the project.  The underwriting discount is $21,812.00.  The other cost of issuance is $4,600.00.  The rounding amount will be added to the $3,250,00.00 because bonds are issued by the $5,000.  The bond coupon is 2.35 percent added to cost of issuance equals 2.75 percent (all inclusive).  The first payment of $77,000.00 is due one year from now.  Following payments will be determined by when the project is completed and when the City wishes to do the permanent financing. 

 

Council Member Buschkoetter introduced Ordinance No. 7068, being Subsection 7 of Agenda Item VI to authorize the issuance and sale of Bond Anticipation Notes of the City of Kearney, Nebraska, in the principal amount of $3,280,000.00 for the purpose of providing interim financing for the costs of constructing street improvements in Paving Improvement District No. 2004-885 of said City pending the issuance of permanent General obligation Various Purpose Bonds of the City; prescribing the form of said Notes; agreeing to issue the City’s General Obligation Various Purpose Bonds to pay the Notes at maturity or to pay the Notes from other available funds; and entering into a contract on behalf of the City with the holders of said Notes, 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. 7068 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. 7068 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. 7068 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.

 

AWARD BID FOR 2004 PART V IMPROVEMENTS

 

Mayor Blankenship opened for discussion the bids received for the 2004 Part V Improvements consisting  of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet; Water District No. 2004-530 for 60th Street from 2nd Avenue to 1st Avenue, Water District No. 2004-531A for 1st Avenue from 60th Street to 65th Street, Water District No. 532 for 65th Street from 2nd Avenue east a distance of 1,058 feet; Sewer District No. 2004-472 for 60th Street from 2nd Avenue to 1st Avenue, Sewer District No. 2004-473A for 1st Avenue from 60th Street to 65th Street, and Sewer District No. 2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet and to consider Resolution No. 2004-101 awarding the bid to Midlands Contracting in the amount of $265,725.00 for Bid A (Water and Sewer) and to Paulsen Inc. in the amount of $458,425.70 for Bid B (Paving).

 

At the May 11, 2004, Council meeting, the City Council approved the plans and specifications for the 2004 Part V Improvements which included Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet; Water District No. 2004-530 for 60th Street from 2nd Avenue to 1st Avenue, Water District No. 2004-531A for 1st Avenue from 60th Street to 65th Street, Water District No. 532 for 65th Street from 2nd Avenue east a distance of 1,058 feet; Sewer District No. 2004-472 for 60th Street from 2nd Avenue to 1st Avenue, Sewer District No. 2004-473A for 1st Avenue from 60th Street to 65th Street, and Sewer District No. 2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet.

 

Sealed bids for the 2004 Part V Improvements were received on Wednesday, June 2, 2004 at 2:00 p.m.  The following were the bids received:

 

Bidder

Bid

BID A – SANITARY SEWER & WATER

 

Midlands Contracting, Inc., Kearney, NE

$265,725.00

General Excavating, Lincoln, NE

$336,043.01

BID B – PAVING

 

Paulsen, Inc., Cozad, NE

$458,425.70

Dan Roeder Concrete, Inc., Kearney, NE

$490,637.80

Blessing, LLC, Kearney, NE

$613,988.50

 

The Engineer’s Opinion of Probable Construction Cost was $692,877.24.  The total of the low bids from Midlands Contracting, Inc. for water and sewer and Paulsen, Inc. for paving is 4.51% above the Engineer’s Opinion of Probable Construction Cost.

 

Moved by Kearney seconded by Clouse to approve the bids received for the 2004 Part V Improvements consisting  of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet; Water District No. 2004-530 for 60th Street from 2nd Avenue to 1st Avenue, Water District No. 2004-531A for 1st Avenue from 60th Street to 65th Street, Water District No. 532 for 65th Street from 2nd Avenue east a distance of 1,058 feet; Sewer District No. 2004-472 for 60th Street from 2nd Avenue to 1st Avenue, Sewer District No. 2004-473A for 1st Avenue from 60th Street to 65th Street, and Sewer District No. 2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet and approve Resolution No. 2004-101 awarding the bid to Midlands Contracting in the amount of $265,725.00 for Bid A (Water and Sewer) and to Paulsen Inc. in the amount of $458,425.70 for Bid B (Paving).  Roll call resulted as follows:  Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.  Nay: None.  Motion carried.

 

RESOLUTION NO. 2004-101

 

            WHEREAS, Ross Engineering, Inc. and the City of Kearney have reviewed the sealed bids which were opened on June 2, 2004, at 2:00 p.m. for the 2004 Part V Improvements consisting of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet; Water District No. 2004-530 for 60th Street from 2nd Avenue to 1st Avenue, Water District No. 2004-531A for 1st Avenue from 60th Street to 65th Street, Water District No. 532 for 65th Street from 2nd Avenue east a distance of 1,058 feet; Sewer District No. 2004-472 for 60th Street from 2nd Avenue to 1st Avenue, Sewer District No. 2004-473A for 1st Avenue from 60th Street to 65th Street, and Sewer District No. 2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet; and

            WHEREAS, the Engineer’s Opinion of Probable Construction Cost for the project was $254,026.33 for Bid A (Water and Sewer) and $438,850.92 for Bid B (Paving); and

WHEREAS, the said engineers have recommended the bid offered by Midlands Contracting of Kearney, Nebraska in the sum of $265,725.00 for Bid A (Water and Sewer), and Paulsen, Inc. of Cozad, Nebraska in the sum of $458,425.70 for Bid B (Paving) be accepted as the lowest responsible bids.  

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Midlands Contracting of Kearney, Nebraska be and is the lowest responsible bidder for the 2004 Part V Improvements consisting of Water District No. 2004-530 for 60th Street from 2nd Avenue to 1st Avenue, Water District No. 2004-531A for 1st Avenue from 60th Street to 65th Street, Water District No. 532 for 65th Street from 2nd Avenue east a distance of 1,058 feet; Sewer District No. 2004-472 for 60th Street from 2nd Avenue to 1st Avenue, Sewer District No. 2004-473A for 1st Avenue from 60th Street to 65th Street, and Sewer District No. 2004-474 for 65th Street from 2nd Avenue east a distance of 1,058 feet to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Midlands Contracting of Kearney, Nebraska in the sum of $265,725.00 be and is hereby accepted for Bid A (Water and Sewer Districts).

            BE IT FURTHER RESOLVED by the President and City Council of the City of Kearney, Nebraska that the Engineers recommendation is hereby accepted and approved, that Paulsen, Inc. of Cozad, Nebraska be and is the lowest responsible bidder for the 2004 Part V Improvements consisting of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet, to be constructed in accordance with the plans and specifications on file with the City Clerk and that the bid of Paulsen, Inc. of Cozad, Nebraska in the sum of $458,425.70 be and is hereby accepted for Bid B (Paving Districts).

            BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for 2004 Part V Improvements in the amount of $254,026.33 for Bid A (Water and Sewer) and $438,850.92 for Bid B (Paving) be and is hereby accepted.

BE IT FURTHER RESOLVED that the President of the Council of the City of Kearney, Nebraska, be and is hereby authorized and directed to execute contracts for such improvements in accordance with the bid, plans, specifications, and general stipulations pertaining thereto.

            PASSED AND APPROVED THIS 8TH DAY OF JUNE, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

OPEN ACCOUNT CLAIMS -- NPPD -- $5,379.84

 

Moved by Hadley seconded by Buschkoetter that Open Account Claims in the amount of $5,379.84 payable to NPPD be allowed.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None.  Clouse abstained.  Motion carried.

 

VII.    REPORTS

 

Mayor Blankenship and Council members commended the Kearney Volunteer Fire Department for an outstanding job in fighting a grass fire near the Interstate 80 and Minden interchange.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Blankenship that Council adjourn at 8:05 p.m.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Motion carried.

 

                                                                                    BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK