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 Avenue. 17th 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.
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New
Street/Alley Construction
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Land Use
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Arterial
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Collector
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Local
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Residential – Low Density (single family & duplex
units only)
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100%
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100%
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100%
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Residential – High Density
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100%
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100%
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100%
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Commercial
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100%
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100%
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100%
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Industrial
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100%
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100%
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100%
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Street/Alley
Reconstruction
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Land Use
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Arterial
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Collector
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Local
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Residential – Low Density (single family & duplex
units only)
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50%
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50%
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50%
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Residential –High Density
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75%
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75%
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75%
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Commercial
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75%
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75%
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75%
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Industrial
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75%
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75%
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75%
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“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