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Kearney, Nebraska

July 13, 2004

7:30 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:30 p.m. on July 13, 2004, in the Council Chambers at City Hall.  Present were:  Don Kearney, Vice-President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Stan Clouse, Galen Hadley, Don Kearney.  Absent: Mayor Bruce L. Blankenship.  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: Victor Karg, Scott Fetcher, Brian Slater, Susan Slater, Ken Anderson, Mick Thompson, Thoda Brown, Barry Sherman, Mitch Humphrey, Jon Abegglen, Pat Moore, Paul Brungardt, Don Bates, Kerri Norris, Ron Ridgway, Mike Konz from Kearney Hub, Mike Cahill from KKPR Radio.

 

Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being attached to these minutes.  Advance notice of the meeting was also given to the City Council and a copy of their acknowledgment or receipt of such notice is attached to these minutes.  Availability of the Agenda was communicated in the advance notice and in the notice to the Mayor and City Council.  All proceedings hereafter shown were taken while the meeting was open to the attendance of the public.

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

The Council held a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Drew Syring and Eric Warren 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

 

BOARD OF EQUALIZATION – PART OF PAVING DISTRICT 2002-868

 

Vice-President Kearney stated that the property owner requested the public hearing for the City Council to meet as a Board of Equalization to assess costs for Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to 30th Avenue.

 

Moved by Clouse seconded by Hadley to table until July 27, 2004 the public hearing for the City Council to meet as a Board of Equalization to assess costs for the 2003 Part I Improvements consisting of Paving Improvement District No. 2002-868 for 39th Street from 22nd Avenue to 30th Avenue.  Roll call resulted as follows:  Aye: Kearney, Hadley, Clouse, Buschkoetter.  Nay: None.  Blankenship absent. Motion carried.

 

AMEND LAND USE MAP - BETWEEN 14TH STREET AND 15TH STREET AND AVENUE K AND AVENUE M

 

Public Hearings 2, 3 and 4 were discussed together but voted on separately.

 

Vice-President Kearney opened the public hearing on the proposed amendment to the Land Use Map of the City of Kearney from “Low Density Residential” to “Medium Density Residential” property described as Lots 1617 and 1618, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of Avenue L from 14th Street to 15th Street, and together with the vacated south 7 feet of 15th Street abutting said Lots 1617 and 1618 and vacated Avenue L on the north, and together with the vacated east 7 feet of vacated 14th Street abutting Lots 1617 and 1618 and vacated Avenue L on the south, and also together with the vacated 7 feet of Avenue K abutting Lot 1617 and that portion of the vacated south 7 feet of 15th Street and the vacated north 7 feet of 14th Street on the west, AND Lots 1 through 12 inclusive, Warwick Place, a subdivision of Lot 1358, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of the alley abutting Lots 1 through 12 inclusive, and also together with the vacated south 7 feet of 16th Street abutting Lots 1 and 12 and said alley on the north, and also together with the vacated north 7 feet of 15th Street abutting Lots 6 and 7 and said alley on the south, and also together with the vacated east 7 feet of Avenue K abutting Lots 7 through 12 and that portion of the vacated south 7 feet of 16th Street and that portion of the vacated north 7 feet of 15th Street on the west, all located in the City of Kearney, Buffalo County, Nebraska (between 14th Street and 15th Street and Avenue K and Avenue M) and to consider approval of Resolution No. 2004-115. Planning Commission recommended approval.

 

The applicant is requesting approval for a new residential duplex project located north of Hammer Park and west of Avenue M, east of Avenue K.  This project is a planned development featuring 25 duplex buildings, two single-family buildings and possibly a community clubhouse, on one parcel under condominium ownership.  The project requires vacation of an alley vacation and a portion of the street right-of-way, amendment of the land use plan, rezoning, and Development Plan approval.

 

Vacation

The public alley between 15th Street and 16th Street east of Avenue K will be vacated as well as a seven-foot strip of 15th Street and 16th Street as they abut the alley, and the south seven-foot strip of 15th Street that was not previously vacated abutting Lot 1618.  These vacations help to “square” the property up and provide more usable land for the development.

 

Land Use Map Amendment

The Land Use Map of the City of Kearney Comprehensive Development Plan currently shows this area as “Low Density Residential” and the applicant would like to amend the map to “Medium Density Residential” to accommodate the duplex project.  Apparently, the neighbors do not want three or four-plex units but are fine with duplexes.  The proposed site development is dense but meets all code requirements for open space, impervious cover, and lot area per dwelling unit.

 

Rezoning

The applicant is requesting rezoning from R-1 to R-2/PD.  The requested zoning will allow him to develop the land as a single parcel under planned development procedures as a condominium ownership for persons age 55 and older if the plans are approved.

 

Development Plans

The Development Plan for this project shows 28 buildings on roughly 5.79 acres.  There are two single-family homes proposed along with 26 duplex buildings for a total of 54 living units.  A community clubhouse is also shown, but will only be built if the owners of the condominium association vote to do so.  Each living unit has a single-car garage and a second parking space in the driveway leading to the garage.  The internal streets are 25-foot wide private drives.  There is no off-street parking provided for the community building.  The buildings will be manufactured by Wardcraft Homes, Inc. Architectural elevations are included in the attachments.  The buildings are grouped around central courtyards that will provide greenspace areas for the residents.  All maintenance of the exterior of the units, grass cutting, moving snow, etc. will be handled through the condominium association. An eight-foot hike/bike trail runs along the west side of Avenue M and provides ready access to Hammer Park.  

 

The site is densely developed.  For comparison, duplexes on individual lots would require 25 feet of rear yard and seven feet of side yard so the units would be separated 50 feet rear to rear and 14 foot side to side.  This layout shows an average of 14 to 16 feet between units rear to rear and 10 to 13 feet side to side.  This proposal is a condo development on a single parcel and deviations from traditional setbacks are acceptable if approved by Planning Commission and City Council.  The question is how much deviation is acceptable.  The project is directly north of Hammer Park which provides ready access to a large open space area for the residents of the duplexes that offsets the density.  Rhoda Brown, President of the Kearney Neighborhood Association addressed the Planning Commission with high praise for the project.  A letter from Kearney Neighborhood Association expressing wholehearted acceptance and support of the proposed project was also received by the City.  Planning Commission recommended approval of the project with one dissenting vote due to the close proximity of the corner units to one another.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. He represents Bob Swanson who is the owner of the north portion of this development, and Marjorie Hitt who owns the south portion.  Mr. Swanson will develop the entire site.  To accommodate this project, there will be a need for paving involved and installation of public utilities.  Mr. Swanson is committed to southeast Kearney and to this project. He stated there was an incredible reception by the Neighborhood Association for Mr. Swanson’s project and from the adjoining land owners.

 

Paul Brungardt from Brungardt Engineering stated Phase I will begin in the northeast corner of Avenue K by building the foundation for the duplex units.  Each Wardcraft house will be constructed and then brought in to be set on the foundations.  They will stick frame the garages out front of each unit. There will be four different room layouts to choose from and the units are handicap accessible. The full basements can be finished at the owner’s request.  Mr. Swanson will create a board group to determine if a clubhouse will be built at this time.  It will only be built if all are in agreement; otherwise, that area will be green space. Phase II will be the development of the property owned by Marjorie Hitt.  Phase III will be finish with a private drive, which will be maintained by the homeowners association.  The City is proposing a sanitary sewer connection district along 14th Street and 15th Street and Avenue K.

 

Council Member Kearney complimented Mr. Brungardt for his work in getting the letter of endorsement from the Neighborhood Association.  All Council members were in agreement that this is a good use of this land.    

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the proposed amendment to the Land Use Map of the City of Kearney from “Low Density Residential” to “Medium Density Residential” property described as Lots 1617 and 1618, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of Avenue L from 14th Street to 15th Street, and together with the vacated south 7 feet of 15th Street abutting said Lots 1617 and 1618 and vacated Avenue L on the north, and together with the vacated east 7 feet of vacated 14th Street abutting Lots 1617 and 1618 and vacated Avenue L on the south, and also together with the vacated 7 feet of Avenue K abutting Lot 1617 and that portion of the vacated south 7 feet of 15th Street and the vacated north 7 feet of 14th Street on the west, AND Lots 1 through 12 inclusive, Warwick Place, a subdivision of Lot 1358, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of the alley abutting Lots 1 through 12 inclusive, and also together with the vacated south 7 feet of 16th Street abutting Lots 1 and 12 and said alley on the north, and also together with the vacated north 7 feet of 15th Street abutting Lots 6 and 7 and said alley on the south, and also together with the vacated east 7 feet of Avenue K abutting Lots 7 through 12 and that portion of the vacated south 7 feet of 16th Street and that portion of the vacated north 7 feet of 15th Street on the west, all located in the City of Kearney, Buffalo County, Nebraska (between 14th Street and 15th Street and Avenue K and Avenue M) and approve Resolution No. 2004-115.  Roll call resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.

 

RESOLUTION NO. 2004-115

 

            WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land being Lots 1617 and 1618, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of Avenue L from the north line of 14th Street to south line of 15th Street, and together with the vacated south 7 feet of 15th Street abutting said Lots 1617 and 1618 and vacated Avenue L on the north, and together with the vacated north 7 feet of 14th Street abutting Lots 1617 and 1618 and vacated Avenue L on the south, and also together with the vacated east 7 feet of Avenue K abutting Lot 1617 and that portion of the vacated south 7 feet of 15th Street and the vacated north 7 feet of 14th Street on the west; AND Lots 1 through 12 inclusive, Warwick Place, a subdivision of Lot 1358, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of the alley abutting Lots 1 through 12 inclusive, and also together with the vacated south 7 feet of 16th Street abutting Lots 1 and 12 and said alley on the north, and also together with the vacated north 7 feet of 15th Street abutting Lots 6 and 7 and said alley on the south, and also together with the vacated east 7 feet of Avenue K abutting Lots 7 through 12 and that portion of the vacated south 7 feet of 16th Street and that portion of the vacated north 7 feet of 15th Street on the west, all located in the City of Kearney, Buffalo County, Nebraska (between 14th Street and 15th Street and Avenue K and Avenue M), from “Low Density Residential” to “Medium Density Residential”, and

            WHEREAS, the said application for change in the Comprehensive Land Use Plan has been approved by the City Planning Commission, after a public hearing properly published and held, and

            WHEREAS, the City Council has held a public hearing upon the said revision and voted in favor of a motion to approve the change in the Land Use Plan as requested by the applicant.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Low Density Residential” to “Medium Density Residential” the use classification for the area described as a tract of land being Lots 1617 and 1618, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of Avenue L from the north line of 14th Street to south line of 15th Street, and together with the vacated south 7 feet of 15th Street abutting said Lots 1617 and 1618 and vacated Avenue L on the north, and together with the vacated north 7 feet of 14th Street abutting Lots 1617 and 1618 and vacated Avenue L on the south, and also together with the vacated east 7 feet of Avenue K abutting Lot 1617 and that portion of the vacated south 7 feet of 15th Street and the vacated north 7 feet of 14th Street on the west; AND Lots 1 through 12 inclusive, Warwick Place, a subdivision of Lot 1358, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of the alley abutting Lots 1 through 12 inclusive, and also together with the vacated south 7 feet of 16th Street abutting Lots 1 and 12 and said alley on the north, and also together with the vacated north 7 feet of 15th Street abutting Lots 6 and 7 and said alley on the south, and also together with the vacated east 7 feet of Avenue K abutting Lots 7 through 12 and that portion of the vacated south 7 feet of 16th Street and that portion of the vacated north 7 feet of 15th Street on the west, all located in the City of Kearney, Buffalo County, Nebraska (between 14th Street and 15th Street and Avenue K and Avenue M).

            PASSED AND APPROVED THIS 13TH DAY OF JULY, 2004.

 

ATTEST:                                                                       VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING - BETWEEN 14TH STREET AND 15TH STREET AND AVENUE K AND AVENUE M

 

Vice-President Kearney opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Marjorie A. Hitt and Robert M. Swanson (Owners) to rezone from “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” property described as Lots 1617 and 1618, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of Avenue L from the north line of 14th Street to south line of 15th Street, and together with the vacated south 7 feet of 15th Street abutting said Lots 1617 and 1618 and vacated Avenue L on the north, and together with the vacated north 7 feet of 14th Street abutting Lots 1617 and 1618 and vacated Avenue L on the south, and also together with the vacated east 7 feet of Avenue K abutting Lot 1617 and that portion of the vacated south 7 feet of 15th Street and the vacated north 7 feet of 14th Street on the west; AND Lots 1 through 12 inclusive, Warwick Place, a subdivision of Lot 1358, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of the alley abutting Lots 1 through 12 inclusive, and also together with the vacated south 7 feet of 16th Street abutting Lots 1 and 12 and said alley on the north, and also together with the vacated north 7 feet of 15th Street abutting Lots 6 and 7 and said alley on the south, and also together with the vacated east 7 feet of Avenue K abutting Lots 7 through 12 and that portion of the vacated south 7 feet of 16th Street and that portion of the vacated north 7 feet of 15th Street on the west, all located in the City of Kearney, Buffalo County, Nebraska (between 14th Street and 15th Street and Avenue K and Avenue M). Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Kearney to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Marjorie A. Hitt and Robert M. Swanson (Owners) to rezone from “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” property described as Lots 1617 and 1618, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of Avenue L from the north line of 14th Street to south line of 15th Street, and together with the vacated south 7 feet of 15th Street abutting said Lots 1617 and 1618 and vacated Avenue L on the north, and together with the vacated north 7 feet of 14th Street abutting Lots 1617 and 1618 and vacated Avenue L on the south, and also together with the vacated east 7 feet of Avenue K abutting Lot 1617 and that portion of the vacated south 7 feet of 15th Street and the vacated north 7 feet of 14th Street on the west; AND Lots 1 through 12 inclusive, Warwick Place, a subdivision of Lot 1358, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of the alley abutting Lots 1 through 12 inclusive, and also together with the vacated south 7 feet of 16th Street abutting Lots 1 and 12 and said alley on the north, and also together with the vacated north 7 feet of 15th Street abutting Lots 6 and 7 and said alley on the south, and also together with the vacated east 7 feet of Avenue K abutting Lots 7 through 12 and that portion of the vacated south 7 feet of 16th Street and that portion of the vacated north 7 feet of 15th Street on the west, all located in the City of Kearney, Buffalo County, Nebraska (between 14th Street and 15th Street and Avenue K and Avenue M).  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

DEVELOPMENT PLAN - BETWEEN 14TH STREET AND 15TH STREET AND AVENUE K AND AVENUE M

 

Vice-President Kearney opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Marjorie A. Hitt and Robert M. Swanson (Owners) for Planned District Development Plan Approval for the construction of a retirement facility on property to be zoned “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” and described as Lots 1617 and 1618, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of Avenue L from the north line of 14th Street to south line of 15th Street, and together with the vacated south 7 feet of 15th Street abutting said Lots 1617 and 1618 and vacated Avenue L on the north, and together with the vacated north 7 feet of 14th Street abutting Lots 1617 and 1618 and vacated Avenue L on the south, and also together with the vacated east 7 feet of Avenue K abutting Lot 1617 and that portion of the vacated south 7 feet of 15th Street and the vacated north 7 feet of 14th Street on the west; AND Lots 1 through 12 inclusive, Warwick Place, a subdivision of Lot 1358, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of the alley abutting Lots 1 through 12 inclusive, and also together with the vacated south 7 feet of 16th Street abutting Lots 1 and 12 and said alley on the north, and also together with the vacated north 7 feet of 15th Street abutting Lots 6 and 7 and said alley on the south, and also together with the vacated east 7 feet of Avenue K abutting Lots 7 through 12 and that portion of the vacated south 7 feet of 16th Street and that portion of the vacated north 7 feet of 15th Street on the west, all located in the City of Kearney, Buffalo County, Nebraska (between 14th Street and 15th Street and Avenue K and Avenue M) and to consider approval of Resolution No. 2004-116. Planning Commission recommended approval.

 

Rhoda Brown, 1512 Avenue B, voiced her support for the project. She is the president of the Neighborhood Association.  Ms. Brown commended Mr. Swanson for his enthusiasm and being so well prepared when he came to the planning meeting with the Neighborhood Association. Since there is no 55 and over retirement or semi-retirement housing in southeast Kearney, the people in the area had voiced the need that they wanted such housing in the area.  Ms. Brown stated that if semi-retired people of the area move into these lower maintenance facilities that will provide an opportunity for new people to move into the neighborhood, possibly first time homeowners.

 

Don Bates, 1119 Avenue K, voiced his support for the project as well. He stated that he is acquainted with Mr. Swanson and in talking to him about the project found out how dedicated he is.  This addition will really make that part of town look nice and he was in favor of it.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Marjorie A. Hitt and Robert M. Swanson (Owners) for Planned District Development Plan Approval for the construction of a retirement facility on property to be zoned “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” and described as Lots 1617 and 1618, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of Avenue L from the north line of 14th Street to south line of 15th Street, and together with the vacated south 7 feet of 15th Street abutting said Lots 1617 and 1618 and vacated Avenue L on the north, and together with the vacated north 7 feet of 14th Street abutting Lots 1617 and 1618 and vacated Avenue L on the south, and also together with the vacated east 7 feet of Avenue K abutting Lot 1617 and that portion of the vacated south 7 feet of 15th Street and the vacated north 7 feet of 14th Street on the west; AND Lots 1 through 12 inclusive, Warwick Place, a subdivision of Lot 1358, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of the alley abutting Lots 1 through 12 inclusive, and also together with the vacated south 7 feet of 16th Street abutting Lots 1 and 12 and said alley on the north, and also together with the vacated north 7 feet of 15th Street abutting Lots 6 and 7 and said alley on the south, and also together with the vacated east 7 feet of Avenue K abutting Lots 7 through 12 and that portion of the vacated south 7 feet of 16th Street and that portion of the vacated north 7 feet of 15th Street on the west, all located in the City of Kearney, Buffalo County, Nebraska (between 14th Street and 15th Street and Avenue K and Avenue M) and approve Resolution No. 2004-116.  Roll call resulted as follows:  Aye: Kearney, Hadley, Clouse, Buschkoetter.  Nay: None.  Blankenship absent. Motion carried.

 

RESOLUTION NO. 2004-116

 

            WHEREAS, Mitch Humphrey (Applicant) for Marjorie A. Hitt and Robert M. Swanson (Owners) has applied for Development Plan Approval for the construction of a retirement facility on property zoned “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” and described as a tract of land described as Lots 1617 and 1618, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of Avenue L from the north line of 14th Street to south line of 15th Street, and together with the vacated south 7 feet of 15th Street abutting said Lots 1617 and 1618 and vacated Avenue L on the north, and together with the vacated north 7 feet of 14th Street abutting Lots 1617 and 1618 and vacated Avenue L on the south, and also together with the vacated east 7 feet of Avenue K abutting Lot 1617 and that portion of the vacated south 7 feet of 15th Street and the vacated north 7 feet of 14th Street on the west; AND Lots 1 through 12 inclusive, Warwick Place, a subdivision of Lot 1358, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of the alley abutting Lots 1 through 12 inclusive, and also together with the vacated south 7 feet of 16th Street abutting Lots 1 and 12 and said alley on the north, and also together with the vacated north 7 feet of 15th Street abutting Lots 6 and 7 and said alley on the south, and also together with the vacated east 7 feet of Avenue K abutting Lots 7 through 12 and that portion of the vacated south 7 feet of 16th Street and that portion of the vacated north 7 feet of 15th Street on the west, all located in the City of Kearney, Buffalo County, Nebraska (between 14th Street and 15th Street and Avenue K and Avenue M).

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and City Council of the City of Kearney, Nebraska, that the application of Mitch Humphrey (Applicant) for Marjorie A. Hitt and Robert M. Swanson (Owners) for Development Plan Approval for the construction of a retirement facility on property zoned “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” and described as a tract of land described as Lots 1617 and 1618, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of Avenue L from the north line of 14th Street to south line of 15th Street, and together with the vacated south 7 feet of 15th Street abutting said Lots 1617 and 1618 and vacated Avenue L on the north, and together with the vacated north 7 feet of 14th Street abutting Lots 1617 and 1618 and vacated Avenue L on the south, and also together with the vacated east 7 feet of Avenue K abutting Lot 1617 and that portion of the vacated south 7 feet of 15th Street and the vacated north 7 feet of 14th Street on the west; AND Lots 1 through 12 inclusive, Warwick Place, a subdivision of Lot 1358, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of the alley abutting Lots 1 through 12 inclusive, and also together with the vacated south 7 feet of 16th Street abutting Lots 1 and 12 and said alley on the north, and also together with the vacated north 7 feet of 15th Street abutting Lots 6 and 7 and said alley on the south, and also together with the vacated east 7 feet of Avenue K abutting Lots 7 through 12 and that portion of the vacated south 7 feet of 16th Street and that portion of the vacated north 7 feet of 15th Street on the west, all located in the City of Kearney, Buffalo County, Nebraska (between 14th Street and 15th Street and Avenue K and Avenue M) be approved.

PASSED AND APPROVED THE 13TH DAY OF JULY, 2004.

 

ATTEST:                                                                       VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

CONDITIONAL USE PERMIT – WWC LICENSE LLC; NORTHEAST CORNER OF BUFFALO COUNTY FAIRGROUNDS

 

Vice-President Kearney opened the public hearing on the Application submitted by Peter Mauro of WWC License LLC (Applicant) and Buffalo County Agricultural Association (Owner) for a Conditional Use Permit to locate a 126-foot monopole communications tower and radio equipment and pad on property zoned “District AG, Agricultural District” and described as the North Half of the Northwest Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (northeast corner of Buffalo County Fairgrounds). Planning Commission recommended approval.

 

The applicant is representing Western Wireless Communications and is requesting approval of a Conditional Use Permit (CUP) to locate a telecommunications tower at the northeast corner of Buffalo County Fairgrounds. The property is currently zoned Agricultural.  On September 11, 2001 the City Council approved a CUP for a 126-foot tall monopole structure for Illinois PC Wireless at this location.  The footing was poured and the pole was delivered to the site but never erected. Apparently, the holder of the original CUP went bankrupt or was bought out by another company before the pole could be erected. Now a new company, Western Wireless seeks approval to complete the project.

 

The Unified Land Development Ordinance (UDO) requires a CUP for telecommunications towers and ranks the desirability of sites based on land use, zoning and ownership of the property.  Although this land is zoned Agricultural, it is owned by the Buffalo County Fairgrounds Association.  Public owned sites rank high in the location criteria.  The proposed 126-foot tall monopole is the same height as the one approved in 2001.  There will be six antenna panels mounted on the tower.

 

City staff questioned whether all alternative sites, including co-location sites have been researched and eliminated.  There is an existing communications tower located on fairground property next to this site.  The applicant explained to the Planning Commission that the existing tower is owned by Viaero Wireless and they have antennas at the top of the pole and another set below.  The applicant’s engineers looked at the possibility of extending the height of the Viaero tower but were unable to do so because of the proximity to Kearney Municipal Airport.  If they located their facilities below the Viaero antennas there would not be sufficient height to meet their broadcast and coverage requirements.  If they located between the top two tiers of antenna panels all the antennas would be too close together and would cause RF interference.  Therefore, the new additional tower is required.  The new tower will be constructed to allow for future co-location capabilities for two carriers.

 

A small 10-foot by 20-foot pre-fab concrete equipment building will be located on the ground adjacent to the tower.  WWC will pay a lease fee to the Fair Board for the 25-foot by 75-foot parcel of land that the facilities occupy.  There shall be no time limitations on this CUP.

 

Scott Fetcher from WWC License presented this matter to the Council. He is with the consulting group that is representing Western Wireless also doing business as “Cellular One”.  They will be using the same foundation and tower that currently exists at this location.  There will be no significant new construction on the site.  The tower will contain three new technologies, which will greatly improve the coverage in northeast Kearney.  It will include TDMA, CDMA, and GSM, which will allow digital coverage and wireless Internet to be accessed. 

 

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 Peter Mauro of WWC License LLC (Applicant) and Buffalo County Agricultural Association (Owner) for a Conditional Use Permit to locate a 126-foot monopole communications tower and radio equipment and pad on property zoned “District AG, Agricultural District” and described as the North Half of the Northwest Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (northeast corner of Buffalo County Fairgrounds).  Roll call resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.

 

DEVELOPMENT PLAN – KEARNEY PERFORMING ARTS CENTER; 300 WEST 24TH STREET

 

Vice-President Kearney opened the public hearing on the Application submitted by Kearney Performing Arts Center (Applicant) and Kearney Public Schools (Owner) for Planned District Development Plan Approval for the construction of a performing arts center/elementary school administration on property zoned “District R-3, Urban Residential Multi-Family District (Medium Density)” and described as a tract of land being part of the Northeast Quarter of the Northeast Quarter of Section 2, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (300 West 24th Street) and to consider approval of Resolution No. 2004-117. Planning Commission recommended approval with the intent that the parties involved; private owners, the Public Schools, the City and the Architect, discuss options in regards to alleviating parking problems with the church and the private businesses on 23rd Street prior to the Council meeting.

 

The applicant is requesting approval of development plans for the Kearney Performing Arts Center to be located at Central Elementary School, 300 West 24th Street.  The project includes converting the existing auditorium into a theater for performing arts with associated remodeling and expansion of physical facilities such as the cafeteria, kitchen, gymnasium, etc.  The property is zoned R-3, but development plans are required due to the size of the project.

 

Central Elementary School has an existing auditorium that was built in classical theater style in 1926.  The building was added to the National Historic Register in 2000.  The room is distinct and unique, a true asset to the Kearney Public Schools and the community.  Because of the vision of a handful of people, this facility will be upgraded and renovated to become a premiere performing arts venue in the Midwest.  More and more people have rallied to the cause and become involved with the project.  After four years of brainstorming, design work, committee meetings, neighborhood meetings, and fundraising efforts, the dream is becoming reality.  Central Elementary School will continue to hold classes at this location in addition to hosting the new theater for evening and weekend performances.

 

Adjustments were made to some of the school facilities to accommodate the theater project.  In summary fashion, the project consists of the following elements:

·         An 11,987 square foot addition to the existing building.  25,413 square feet of total area will be affected by the renovations.

·         A remodeled theater seating 900 persons.

·         Dressing rooms and prep areas for actors.

·         New mechanical systems throughout.

·         A remodeled cafeteria.

·         A new kitchen.

·         275 off-street parking spaces.

·          A new relocated playground.

·         A new “entrance” to the theater on the south side of the building with circular drop-off area.

·         Removal of the existing boiler.

·         An improved alley.

·         Landscaping and irrigation.

·         A stormwater management cell.

 

At the Planning Commission hearing discussion was held on several components of the project.  The design team agreed to make the changes prior to the Council hearing.  The plans before the Council tonight have been revised accordingly.  The issues of contention that are now resolved included:

a)       The parking stalls are shown as 9 feet by 20 feet.  Parking spaces on the perimeter of the lot that overhang landscaped areas can be reduced in length to 18 feet.  Head to head parking must remain 20 feet in length.  By following these dimensions the overall amount to concrete can be reduced resulting in another parking strip on the east side of the parking lot.

b)       In R-3 zoning, a 25-foot landscape strip is required along any abutting street.  This requirement would mean 25 feet of landscaping along 22nd Street; however, since this is a planned development district, deviations are allowable if the Planning Commission and City Council approve them.  Twenty-five feet of landscaping would result in the loss of 20 parking stalls.  Staff suggests that the overall quality and quantity of landscaping proposed for the project offsets the need for 25 feet of landscaped area along 22nd Street.  The proposed streetscape along 22nd Street is five feet four inches on school property which, when added to the greenspace within the public right-of-way is well landscaped.  Planning Commission agreed that the benefit of the parking outweighs the need for additional landscaping.

c)       Interior landscaping is provided at nine percent as compared to the minimum requirement of five percent. 

d)       Impervious coverage is 63 percent while code allows 55 percent; however, there is adequate compensating open space located elsewhere on-site.  The play areas to the west of the parking lot are all open space.

e)       The existing one-way alley will be improved to accommodate two-way traffic while maintaining available parking along the rear side of the existing businesses. 

f)         The primary means of access to the drop-off zone and large parking area will be via 23rd Street from 2nd Avenue23rd Street is the primary means of access for school children delivery and for large trucks hauling stage equipment.  This entrance also provides access to the existing church and retail office building south of the church.  Representatives from the church as well as the owner of the office building and some of the tenants were concerned about the impact this development will have on the already scarce parking on the north and south sides of 23rd Street.  The new development plan depicts the best possible compromise to meet the needs of all parties and still provide functional access to the school and performing arts center.

g)       225 parking spaces are required and 275 spaces are provided.  Overflow parking can be accommodated on the residential street grid surrounding the school as the streets are 36-feet wide to allow for parallel parking on both sides of the street.

h)       Site drainage appears to be split east-west with a high point in the parking lot.  A stormwater detention cell is located near the southwest corner of the parking lot.  It would be desirable to capture as much of the site drainage as possible in the detention cell.  It appears a significant amount of drainage is being directed to the alley to the east according to the existing plans.

i)         The City engineer will require stormwater detention computations for pre and post development runoff, prepared by an engineer licensed in the State of Nebraska before any Building or Remodel Permits are issued.

 

The Planning Commission recommended approval subject to the design team reaching a workable solution regarding 23rd Street access and parking issues for the retail offices and church.  The final version of the development plan is the result of collaboration between the design team, the school system, the City and representatives from the church and office building.  The development plan is the best compromise that could be met between all parties and to our knowledge all parties accept and support the plan as revised and submitted.

 

Mick Thompson from Alley Poyner Architecture presented this matter to the Council. He has been in contact with Father Tom Hansen at St. Luke’s Episcopal Church, Dr. Ken Anderson, the Superintendent of Kearney Public Schools, and Mr. Karg, the owner of the land south of the Episcopal Church.  They have discussed the direction of traffic and parking for the Performing Arts Center.  At the present time, the agreement is to have the traffic on 23rd Street go one-way from east to west (as it is currently).  The parking will be diagonally. Originally they had requested parallel parking on the north side of the Church to accommodate funerals; however, Father Tom has since agreed that diagonal parking on the north side of 23rd Street will be adequate for them.

 

The concern about the width of that street was due to over the road trucks and tractor trailers turning on that street.  Normally, codes would require 24 foot minimums for a drive isle for a vehicle of that size to make a turn from 2nd Avenue going north to west on 23rd Street.  Mr. Karg said that Brown’s trucks get in there with no problem.  Mr. Thompson stated that is acceptable to them if the City agrees.  The other question that arose was about having a median between the east most parking stalls on the alley and the remaining portion of the parking that will be created.  This will remain much the same as it is now.  The plan is to have a 24 foot drive isle for the alley (slightly wider than it is now) that allows for 90 degree parking and 2-way traffic for the alley.  The median controls the traffic from the alley and also creates a drainage path, which will prevent a lot of water dumping into the alley as requested by the City.

 

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 Kearney Performing Arts Center (Applicant) and Kearney Public Schools (Owner) for Planned District Development Plan Approval for the construction of a performing arts center/elementary school administration on property zoned “District R-3, Urban Residential Multi-Family District (Medium Density)” and described as a tract of land being part of the Northeast Quarter of the Northeast Quarter of Section 2, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (300 West 24th Street) and approve Resolution No. 2004-117 subject to compliance of the conditions set forth in the resolution.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

RESOLUTION NO. 2004-117

 

            WHEREAS, Kearney Performing Arts Center (Applicant) and Kearney Public Schools (Owner) has applied for Development Plan Approval for the construction of a performing arts center/elementary school administration on property zoned “District R-3, Urban Residential Multi-Family District (Medium Density)” and described as a tract of land being part of the Northeast Quarter of the Northeast Quarter of Section 2, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: beginning at a point on the east line of the Northeast Quarter of said Section 2, said point being directly west of the southwest corner of Lot 96, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska; thence north on the east line of said Northeast Quarter a distance of 530 feet; thence west a distance of 530 feet; thence south a distance of 530 feet; thence east a distance of 530 feet to the place of beginning, all located in the City of Kearney, Buffalo County, Nebraska (300 West 24th Street).

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and City Council of the City of Kearney, Nebraska, that the application of Kearney Performing Arts Center (Applicant) and Kearney Public Schools (Owner) for Development Plan Approval for the construction of a performing arts center/elementary school administration on property zoned “District R-3, Urban Residential Multi-Family District (Medium Density)” and described as a tract of land being part of the Northeast Quarter of the Northeast Quarter of Section 2, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: beginning at a point on the east line of the Northeast Quarter of said Section 2, said point being directly west of the southwest corner of Lot 96, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska; thence north on the east line of said Northeast Quarter a distance of 530 feet; thence west a distance of 530 feet; thence south a distance of 530 feet; thence east a distance of 530 feet to the place of beginning, all located in the City of Kearney, Buffalo County, Nebraska (300 West 24th Street) be approved subject to compliance of the following conditions:

            1.         The parking stalls are shown as 9 feet by 20 feet.  Parking spaces on the perimeter of the lot that overhang landscaped areas can be reduced in length to 18 feet.  Head to head parking must remain 20 feet in length.  By following these dimensions the overall amount to concrete can be reduced resulting in another parking strip on the east side of the parking lot.

            2.         In R-3 zoning, a 25-foot landscape strip is required along any abutting street.  This requirement would mean 25 feet of landscaping along 22nd Street; however, twenty-five feet of landscaping would result in the loss of 20 parking stalls.  The overall quality and quantity of landscaping proposed for the project offsets the need for 25 feet of landscaped area along 22nd Street.  The proposed streetscape along 22nd Street is five feet four inches on school property which, when added to the greenspace within the public right-of-way is well landscaped. 

            3.         Interior landscaping is provided at nine percent. 

            4.         Impervious coverage is 63 percent while code allows 55 percent; however, there is adequate compensating open space located elsewhere on-site.  The play areas to the west of the parking lot are all open space.

            5.         The existing one-way alley will be improved to accommodate two-way traffic while maintaining available parking along the rear side of the existing businesses. 

            6.         The primary means of access to the drop-off zone and large parking area will be via 23rd Street from 2nd Avenue.  This entrance also provides access to the existing church and retail office building south of the church.  The new development plan depicts the best possible compromise to meet the needs of all parties and still provide functional access to the school and performing arts center.

            7.         225 parking spaces are required and 275 spaces are provided.  Overflow parking can be accommodated on the residential street grid surrounding the school as the streets are 36-feet wide to allow for parallel parking on both sides of the street.

            8.         Site drainage appears to be split east-west with a high point in the parking lot.  A stormwater detention cell is located near the southwest corner of the parking lot.  It would be desirable to capture as much of the site drainage as possible in the detention cell.

            9.         The City engineer will require stormwater detention computations for pre and post development runoff, prepared by an engineer licensed in the State of Nebraska before any Building or Remodel Permits are issued.

PASSED AND APPROVED THE 13TH DAY OF JULY, 2004.

 

ATTEST:                                                                       VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING - NORTH OF 65TH STREET PLACE AND WEST OF AVENUE N

 

Vice-President Kearney opened the public hearing on the Application submitted by Ron Ridgway (Applicant) for Three Tier Corporation (Owner) to rezone from “District RR-1, Rural Residential District (Rural Standards)” to “District R-1, Urban Residential Single Family District (Low Density)” property described as Lot 1, Bel Air First Addition to the City of Kearney, Buffalo County, Nebraska (north of 65th Street Place and west of Avenue N). Planning Commission recommended approval.

 

The applicant is requesting approval for a new residential subdivision located west of Avenue N and north of 65th Street Place.  There are 21 lots in the proposed subdivision.  The project requires rezoning, vacation, and subdivision platting.

 

Vacation

Lots 1 thru 8 of Bel Air 1st Addition must be vacated to accommodate replatting of this land as “Bel Air 2nd Addition.”

 

Rezoning

The applicant is requesting rezoning of one large lot from RR-1 to R-1 to allow the large lot to be further subdivided into 14 smaller lots.  The large lot was platted as Lot 1 of Bel Air 1st Addition with the intent of someone purchasing the lot for keeping of horses as well a residence.  Significant portions of the lot are within the 100-year flood plain but an amendment has been filed with the Federal Emergency Management Agency (FEMA) to remove this area from the 100 year floodplain.  If the amendment is successful the houses can have full basements, otherwise they will be limited to slab-on-grade or crawl-space with the lowest floor one foot above the established base flood elevation.

 

Subdivision Plats

The Preliminary Plat and Final Plat consist of a 21-lot subdivision to be known as Bel Air 2nd Addition.  The Preliminary Plat was approved by Planning Commission on June 18, 2004.  The layout of the subdivision has been revised since it was initially laid out as Bel Air 1st Addition.  Now the owners want to subdivide what was Lot 1 into 14 smaller lots, hence the rezoning to R-1.  A Public Works Plan has been submitted.  Avenue N is an arterial street and a 30-foot setback is shown as required by code.  No driveway access to Avenue N.  An 8-foot wide hike/bike trail will be constructed on the west side of Avenue N.  No basements will be allowed if the Floodplain Amendment is not approved by FEMA.

 

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

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Kearney to close the hearing and approve the Application submitted by Ron Ridgway (Applicant) for Three Tier Corporation (Owner) to rezone from “District RR-1, Rural Residential District (Rural Standards)” to “District R-1, Urban Residential Single Family District (Low Density)” property described as Lot 1, Bel Air First Addition to the City of Kearney, Buffalo County, Nebraska (north of 65th Street Place and west of Avenue N).  Roll call resulted as follows:  Aye: Kearney, Hadley, Clouse, Buschkoetter.  Nay: None.  Blankenship absent. Motion carried.

 

CONDITIONAL USE PERMIT – ALLTEL; 2815 WEST 31ST STREET

 

Vice-President Kearney opened the public hearing on the Application submitted by Ralph Wyngarden for The Lincoln Telephone and Telegraph Company, dba “Alltel Communications of Nebraska, Inc.” (Applicant and Owner) for a Conditional Use Permit to co-locate and upgrade a wireless telecommunications facility consisting of antenna changes on an existing tower owned by Alltel Communications of Nebraska, Inc. and to expand the depth of the fenced compound by 30 feet to add a 11.5’ x 16’ equipment shelter and associated equipment on property zoned “District R-1, Urban Residential Single-Family District (Low Density)” and described as a tract of land located in the Northwest Quarter of the Southwest Quarter of Section 34,  Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (2815 West 31st Street).

 

The applicant is representing Alltel Communications and requesting approval of a Conditional Use Permit (CUP) to add telecommunications equipment to an existing tower located at 2815 West 31st Street.  The property is currently zoned R-1.

 

The Unified Land Development Ordinance (UDO) encourages co-location of telecommunications facilities on existing towers to limit the total number of towers erected in the community.  As an incentive to encourage co-location, the UDO allows expedited processing of Conditional Use Permits (CUP) seeking approval of a co-location site on an existing tower.  The Public Works Director has the authority to expedite the CUP application directly to City Council bypassing the Planning Commission to encourage co-location.  This is the case with this application. 

 

The existing tower is 210 feet in height.  Alltel proposes to add six antennas to the existing tower and to construct an eleven foot five inch by sixteen foot equipment building at the base of the tower.  The existing security fence will be extended to encompass the new building.  There shall be no time limitations on this CUP.

 

Kerri Norris from Faulk & Foster presented this matter to the Council. She stated the request is to co-locate antennas on the 210 foot guide tower that is located at 2185 31st Street.  In addition to adding their antennas, they would also be removing some antennas between the 157 foot and 190 foot level that are no longer being used.  The proposal is to add a t-frame and install their antennas at the top of the tower.  There is currently an antenna at the top of the tower, which is not being used and will also be removed.  A lightening rod will be added in its place, which will extend from the top up to the 229 foot level, which is the height of the existing antenna.  The overall height of the tower will not change. 

 

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 Ralph Wyngarden for The Lincoln Telephone and Telegraph Company, dba “Alltel Communications of Nebraska, Inc.” (Applicant and Owner) for a Conditional Use Permit to co-locate and upgrade a wireless telecommunications facility consisting of antenna changes on an existing tower owned by Alltel Communications of Nebraska, Inc. and to expand the depth of the fenced compound by 30 feet to add a 11.5’ x 16’ equipment shelter and associated equipment on property zoned “District R-1, Urban Residential Single-Family District (Low Density)” and described as a tract of land located in the Northwest Quarter of the Southwest Quarter of Section 34,  Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (2815 West 31st Street).  Roll call resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.

 

BLIGHT AND SUBSTANDARD OF REDEVELOPMENT AREA #7

 

Vice-President Kearney opened the public hearing on the declaration of an area referred to as Redevelopment Area #7 to be blighted and substandard and in need of redevelopment and described as follows: Beginning at the intersection of the south line of 11th Street and the east line of  Avenue M, thence north along said east line to its intersection with the north line of 16th Street, thence west along said north line to its intersection with the west line of  Avenue I, thence north along said west line to its intersection with the south line of South Railroad Street, thence southeasterly along said south line to its intersection with the east line of Avenue M, thence north along said east line to its intersection with the centerline of the abandoned Burlington Northern and Santa Fe Railroad right-of-way, thence southeasterly along said centerline to its intersection with the extended east line of Avenue Q, thence north along said east line to its intersection with the north line of the abandoned Burlington Northern and Santa Fe Railroad right-of-way (also the corporate limit line), thence southeasterly along said north line to its intersection with the eastern corporate limit line, thence continuing along said eastern corporate limit line, generally in a southern direction to its intersection with the southern corporate limit line at approximately the south line of  11th Street, thence west along said south corporate limit line to its intersection with the east line of Avenue M, also the point of beginning, all located in the City of Kearney, Buffalo County, Nebraska and to consider approval of Resolution No. 2004-118. Planning Commission recommended approval.

 

The Kearney Area Community Redevelopment Authority (CRA) has been working with Urban Planning Consultants, Hanna:Keelan Associates, on a blight study and redevelopment plan for an area in southeast Kearney known as Area #7.  This area includes land on the east side of Avenue M south of the railroad tracks to 11th Street and an east west area south of the railroad tracks extending east from Avenue I and west from the city limits south to 16th Street.

 

The CRA is requesting a review of the Blight Study and Redevelopment Plan for this area. The Planning Commission has reviewed the study and the Redevelopment Plan and made a recommendation to accept the study and approve the plan.  The Redevelopment Plan is in conformance with the Future Land Use Map of the City of Kearney Comprehensive Development Plan.  The proposed zoning categories depicted on the Redevelopment Plan are based on the direction provided in the comp plan and are suggested zoning alternatives.  No property within the Redevelopment Area will be rezoned as a result of the Planning Commission or City Council action on this Redevelopment Plan.  The zoning changes will take place in the future as parcels within the Redevelopment Area are developed.  The plan paints a picture of what the area might ultimately look like if the zoning recommendations are followed.  This allows for better planning for infrastructure such as sanitary sewer, municipal water, storm drainage, public streets, alleys and sidewalks.

 

In comparing the existing zoning to the changes proposed in the Redevelopment Plan, there is an emphasis on replacing industrial zoned property with residential property and some Urban Corridor commercial zoning near the railroad tracks.  The residential zoning ranges from primarily R-1 with some R-2 and two large parcels shown as R-3.

 

Barry Sherman, CRA Executive Director, presented this matter to the Council. The CRA operates under the Community Development Act, which was set up by the Legislature many years ago and governed by Chapter 18, Articles 2101-2154.  CRA’s job is to identify areas, when needed, as blighted and substandard and also submit a redevelopment plan for that area.  Area #7 is the first area that has been designated as such in Kearney since 1997.  Cities, the size of Kearney, are allowed to declare up to 35 percent as blighted.  This would bring Kearney up to 16.4 percent, which is less than half that amount.  Area #7 is located in one of the oldest areas of Kearney.  In contrast to the rest of Kearney, this area has not seen significant development for many years. 

 

When identifying this area as a possible candidate for this blighted and substandard study, Hanna:Keelan Associates in Lincoln, were contacted as consultants because they do this type of study.  They prepared the written recommendation.  The study was conducted on an area and did it in a field research manner by physically traveling throughout the area and examining various properties.  It was not a random sampling type of study. 

 

The study is broken down into blighted and substandard factors.  The State Statutes states four main substandard factors and 12 blighted factors.  All four substandard factors were found in Area #7. The age of the underground infrastructure (water and sewer) ranged between 60-90 years old. The area located east of Avenue M is not currently provided with municipal water and sewer service.  Approximately 13 single-family dwellings and businesses have individual water wells and septic systems although they are located within the corporate limits of the City of Kearney.  Avenue M has a water culvert, which effectively cuts off the area east of Avenue M, the major arterial street corridor to the City of Kearney, and also contains the main storm sewer to adjacent sewer connection to the west of this street corridor.  More than 75 percent of Area #7 does not currently have access to public utilities. 

 

The existence of conditions that endanger life or property by fire and other causes are strongly present throughout Area #7.  An estimated 17 structures have substandard porches, steps, and fire escapes.  Any further development in the area would require fire hydrants. Forty percent of the structures are substandard or deficient. 

 

Regarding the blighted factors, there were eight that were strongly present, two that were reasonably present, and two that were not factors.  The existence of the ineffective and inadequate street layouts, gravel and hard surface streets, and private gravel streets in fair and poor condition contribute to this determination.  Twenty-eight parcels on frontage streets are in fair to poor condition and presence of faulty lot layout in relation to size, adequacy, accessibility, or usefulness is strongly present.  Irregular tracts, undersized and oversized lot and the need for updating are strongly present. Unsanitary and unsafe conditions are present throughout the redevelopment area including substandard structures, age of structures, and advanced age of underground utility mains.  Deteriorations of site or other major improvements are strongly present. The status of a high degree of ownership status complicated the ability to assemble large plots of land for major redevelopment projects.  Improper subdivision or obsolete platting is present. Large tracts of land exist on the east side of Avenue M and lots are only accessible by private drives. One of the required factors is the estimated average age of residential structures within the redevelopment area exceeds 40 years.  One of the factors of state law indicates that if over half of the area has been within the City limits and still remains unimproved for 40 years that is also a factor, although not stated in this report.  In the case of Area #7, 63 percent meets this factor. 

 

Mr. Sherman concluded from this report that a considerable amount of the blighted and substandard conditions are not necessarily a reflection on property owners, but due to conditions of either aging or non-existing infrastructure, poor platting, or a lack of access. The high cost of developing infrastructure has discouraged development.  This report will be followed up in a month with a development plan, but it does not mean that present owners will not be forced to make any changes or sell any property if they are happy with their present situation. 

 

Council Member Kearney asked about the “but for” test before receiving any funding for any new project.  Mr. Sherman responded that any project that would come forward would need to have a proposal brought to the CRA Board and eventually before the Council.  The “but for” assistance in the form of “TIF” (tax increment financing) requires the project meet the economic impact requirements to the area and the community at large.  Other criteria also need to be met. 

 

Director of Utilities Kirk Stocker stated that Avenue M storm sewer makes it very difficult to extend sanitary sewer east.  It can be extended for a short distance, but the expense of getting under the storm sewer is very cost prohibitive.  Each location would have to be considered on its own.  Ideally, it would be much easier if a sewer line could be run from 11th Street north to service the area.  Going from 11th Street presents right-of-way difficulties.  Later on the agenda are requests for the Council to approve water and sewer connection districts that will go through this area on 18th Street, extended east to Avenue M, and then go north and serve Redevelopment Area #3 bordering Area #7.  These connection districts would fall within the time frame of the redevelopment program. 

 

Rhoda Brown, President of the Neighborhood Association, stated that when Mr. Sherman brought this project to her, she was hesitant at first.  After talking to people in that area, she now realizes that with the development of the 55 and over housing, they are almost at the end of their housing area in southeast Kearney.  She believes this redevelopment would be an asset so they can go all the way to the City limits.  The sewer and water would allow people to build those single-family dwellings that they want to see in their area. 

 

Council Member Kearney asked with the connection districts that will be created in that area, would present owners be forced to connect even though they have a septic now?  Director of Utilities replied that they would not unless they took out a building permit to build a new structure or their septic tank needed to be replaced.  Either of these events would require the owner to connect because the City Code does require connection.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Hadley to close the hearing and approve declaring an area referred to as Redevelopment Area #7 to be blighted and substandard and in need of redevelopment and described as follows: Beginning at the intersection of the south line of 11th Street and the east line of  Avenue M, thence north along said east line to its intersection with the north line of 16th Street, thence west along said north line to its intersection with the west line of  Avenue I, thence north along said west line to its intersection with the south line of South Railroad Street, thence southeasterly along said south line to its intersection with the east line of Avenue M, thence north along said east line to its intersection with the centerline of the abandoned Burlington Northern and Santa Fe Railroad right-of-way, thence southeasterly along said centerline to its intersection with the extended east line of Avenue Q, thence north along said east line to its intersection with the north line of the abandoned Burlington Northern and Santa Fe Railroad right-of-way (also the corporate limit line), thence southeasterly along said north line to its intersection with the eastern corporate limit line, thence continuing along said eastern corporate limit line, generally in a southern direction to its intersection with the southern corporate limit line at approximately the south line of  11th Street, thence west along said south corporate limit line to its intersection with the east line of Avenue M, also the point of beginning, all located in the City of Kearney, Buffalo County, Nebraska and approve Resolution No. 2004-118.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

RESOLUTION NO. 2004-118

 

            WHEREAS, a blighted and substandard study is a requirement before an area can be considered eligible for Tax Increment Financing; and

            WHEREAS, Hanna:Keelan Associates conducted a survey to determine whether all or part of an area in Kearney, Nebraska qualifies as a blighted and substandard area within the definition set forth in the Nebraska Community Development Law, Section 18-2103. Redevelopment Area #7 in the City of Kearney, Nebraska is unofficially described as follows: Beginning at the intersection of the south line of 11th Street and the east line of  Avenue M, thence north along said east line to its intersection with the north line of 16th Street, thence west along said north line to its intersection with the west line of  Avenue I, thence north along said west line to its intersection with the south line of South Railroad Street, thence southeasterly along said south line to its intersection with the east line of Avenue M, thence north along said east line to its intersection with the centerline of the abandoned Burlington Northern and Santa Fe Railroad right-of-way, thence southeasterly along said centerline to its intersection with the extended east line of Avenue Q, thence north along said east line to its intersection with the north line of the abandoned Burlington Northern and Santa Fe Railroad right-of-way (also the corporate limit line), thence southeasterly along said north line to its intersection with the eastern corporate limit line, thence continuing along said eastern corporate limit line, generally in a southern direction to its intersection with the southern corporate limit line at approximately the south line of  11th Street, thence west along said south corporate limit line to its intersection with the east line of Avenue M, also the point of beginning, all located in the City of Kearney, Buffalo County, Nebraska; and

            WHEREAS, Hanna:Keelan Associates submitted a document entitled “Kearney, Nebraska Blight/Substandard Determination Study & Redevelopment Plan; Redevelopment Area #7, October, 2003”, a copy of which marked Exhibit “A” is attached hereto and made a part hereof by reference, and recommended that the City find and determine the subject area to be “blighted and substandard”.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that an area of the City of Kearney bounded as follows: A tract of land generally described as beginning at the intersection of the south line of 11th Street and the east line of  Avenue M, thence north along said east line to its intersection with the north line of 16th Street, thence west along said north line to its intersection with the west line of  Avenue I, thence north along said west line to its intersection with the south line of South Railroad Street, thence southeasterly along said south line to its intersection with the east line of Avenue M, thence north along said east line to its intersection with the centerline of the abandoned Burlington Northern and Santa Fe Railroad right-of-way, thence southeasterly along said centerline to its intersection with the extended east line of Avenue Q, thence north along said east line to its intersection with the north line of the abandoned Burlington Northern and Santa Fe Railroad right-of-way (also the corporate limit line), thence southeasterly along said north line to its intersection with the eastern corporate limit line, thence continuing along said eastern corporate limit line, generally in a southern direction to its intersection with the southern corporate limit line at approximately the south line of  11th Street, thence west along said south corporate limit line to its intersection with the east line of Avenue M, also the point of beginning, all located in the City of Kearney, Buffalo County, Nebraska (known as Redevelopment Area #7) be, and is hereby determined to be blighted and substandard and in need of redevelopment in accordance with the terms and provisions of Section 18-2109, R.R.S.

            PASSED AND APPROVED THIS 13TH DAY OF JULY, 2004.

 

ATTEST:                                                                       VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Hadley seconded by Buschkoetter to table until July 27, 2004 Subsection 13 of Consent Agenda.  Roll call resulted as follows:  Aye: Kearney, Hadley, Clouse, Buschkoetter.  Nay: None.  Blankenship absent. Motion carried.

 

13.        Approve the Communications Site Option and Land Lease Agreement between the City of Kearney and Alltel Communications of Nebraska, Inc. for a wireless communications facility on Lots 111 through 194 inclusive, 34th Street and 35th Street adjacent to said Lots, all in Patterson Subdivision to the City of Kearney, Buffalo County, Nebraska (Memorial Field, 3313 8th Avenue) and approve Resolution No. 2004-122.

 

Moved by Buschkoetter seconded by Kearney that Subsections 1 through 12 and 14 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.

 

1.         Approve Minutes of Regular Meeting held June 22, 2004 and Minutes of Special Meeting held June 29, 2004.

 

2.         Approve the following Claims: AAA Party & Event Rentals $332.87 Rep; Ace Hardware $201.07 Various; Ace Irrigation $1,259.70 Various; Advance Auto Parts $10.63 Rep; AFLAC $1,668.47 Ded; Agent Fee $5.00 Tr; Airfield Plaza Inn $422.34 Tr; Alamar Uniforms $272.48 Cla; Allied Electric $61.76 Su; Alltel $2,195.36 Serv; Amer Electric $602.11 Various; Amer Fence of Western NE $7,999.87 Su; Amer Fountain Supply $168.00 Su; Amer Red Cross $2,367.00 Lottery Trust; Amoco Oil $76.17 Tr; AMZ Superstore $60.87 Bks; Anderson Bros $660.30 Rep; Appliance Service $385.00 Su; Art Today $29.95 Su; Ask Supply $384.00 Su; Associated Bag $70.26 Su; AT&T $236.99 Serv; Auto Glass $159.80 Inv; B&B Auto Glass $282.81 Rep; B&H Photo $406.75 Serv; Baker & Taylor $3,327.98 Bks; Balcon $100.50 Rep; Bamford $444.75 Various; Barnes & Noble $26.95 Su; Barney Abstract $1,410.00 Serv; BBC Audiobooks $421.01 Bks; BCSO $10.00 Equip; Beck, T $60.00 Su; Bellevue Settle Inn $496.80 Tr; Best Access Systems $219.01 Su; Betts, J $17.00 Ref; Big Apple $140.00 Bks; Big Flag $393.35 Inv; Black & Decker $31.10 Su; Blessing $178,957.57 Serv; Blevins, D $207.00 Serv; Bloomfield, C $5.96 Reim; BlueCross BlueShield $27,938.04 Claims; Bob's Super Store $123.12 Various; Books on Tape $409.20 Bks; Bosselman $14,214.93 Inv; Broadfoot Sand $794.56 Various; Bryan Rock Products $1,533.71 Su; Buckley, D $14.17 Ref; Buffalo Co Court $129.79 Ded; Buffalo Co Hist Society $32.40 Bks; Buffalo Co Reg of Deeds $42.50 Serv; Buffalo Co Treasurer $40.00 Serv; Buggy Bath $59.12 Rep; Builders $1,791.63 Various; Cabela's $23.18 Su; Canada Life Assurance $4,164.56 Ins; Casey's $31.00 Tr; Cash Wa $52.13 Various; CDW Govt $413.38 Various; Central Hydraulic $364.93 Various; Central NE Bobcat $11.98 Inv; CHAD $8.00 Ded; Champion Trailers $77.00 Inv; Charter Advertising $448.40 Serv; Charter Communications $43.55 Serv; Charter Paging $21.92 Serv; Chesterman $1,077.00 Inv; Chiswick Bags Bows $50.74 Su; City of Ky $234,842.85 Various; CLH $309.00 Serv; Cold Spring Granite $174.24 Su; College Savings Plan of NE $130.00 Ded; Comfy Bowl $168.80 Rep; Commercial Turf $152.14 Su; Computer Warehouse #4 $180.50 Equip; Connelly Ind. Electric $318.95 Su; Conseco Life Ins $38.00 Ded; Construction Rental $368.31 Various; Copycat $1,968.93 Serv; Courtyard By Marriott $299.70 Tr; Cracker Barrel $38.00 Tr; Creative Teacher $52.41 Su; Credentialing $50.00 Renewal; Crossroads Ford $417.61 Inv; Cullen, M $23.42 Cla; Culligan $161.00 Various; Cummins Great Plains $847.62 Various; D&M Security $247.50 Various; Danko Municipal Emergency $59.43 Rep; Dannehl's Feed $148.30 Su; Davidson Titles $37.90 Bks; Dawson Co PPD $18,217.18 Serv; Day, D $1,524.90 Serv; Deeter Foundry $243.00 Rep; Dell $44.96 Equip; Depository Trust $141,160.00 Princ & Int; Dept of Airports $2,540.00 Tr; Diamond Vogel $87.87 Su; Digi Key $28.25 Equip; Disney Resort $1,643.51 Tr; Dominion Construction $2,649.71 Su; Double M Farms $2,000.00 Serv; Doubletree Hotels $445.96 Tr; DPC $8,682.93 Su; Dr. Intellisync $19.95 Su; Dugan $3,004.46 Su; Dutton Lainson $1,517.70 Various; Eakes $942.57 Various; Earl May $30.53 Su; Easy Picker Golf Products $181.10 Su; Ecolab $27.00 Su; Eileen's $23.00 Su; Eirich, T $50.00 Reim; EMED $544.64 Su; F.I.E.R.O. $1,000.00 Tr; Fairbanks $1,108.27 Various; Family Fun Magazine $13.00 Su; Farmers Union $668.75 Various; Fastenal $550.83 Various; Faz, A $91.30 Tr; Federal Signal $25,626.00 Serv; Fedex $17.89 Pstg; Fiddelke Heating $37.00 Rep; Fireguard $2,470.00 Su; Fish, V $27.00 Ref; Floratine Midwest $410.00 Rep; Footjoy $167.50 Inv; Fox Bros $6,012.50 Serv; Freburg, N $369.24 Ded; Fremont Nat'l Bank $69,374.10 Ded; Frontier $7,943.29 Serv; Fuller, J $71.30 Tr; Gale Group $56.13 Bks; Galeton Gloves $988.18 Inv; Gall's $80.96 Various; Gangwish $216.00 Su; Garrett Tires $248.23 Various; Gary's I-80 $170.00 Serv; Gas & Shop $50.00 Tr; Gealy's Greenhouse $984.25 Su; Gen Traffic Control $215.01 Su; Gordon's Small Engine Repair $144.91 Serv; Graham Tire $231.94 Various; Grainger $186.21 Su; Grand Central IGA $161.25 Su; Great American Outdoor $152.05 Rep; Great Lakes $235.00 Tr; Great Plains Motorcycle $44.95 Su; Great Plains One-Call $469.94 Serv; H&G Cleaners $264.67 Serv; H&H Dist. $2,185.60 Su; Hach $232.90 Su; Hampton Inn $97.91 Tr; Hardin, K $100.00 Tr; Heggemeyer, L $20.00 Tr; Hertz Rent-A-Car $195.55 Tr; Hilton Washington $845.44 Tr; Hobby Lobby $657.22 Su; Hoehner Turf Irrigation $2,340.00 Serv; Holmes Plumbing $1,084.66 Various; Hometown Leasing $206.00 Lease; Homier Distributors $337.98 Ref; Hooker Bros $128.10 Su; Hydrologic $422.09 Rep; I.T.C. $403.50 Cla; IAET $75.00 Dues; IAPMO $230.32 Bks; ICMA RC $5,788.43 Ded; Independence Care Underwriting $18,810.42 Prem; Inter-Motion $149.10 Lease; IRS $173,735.82 Ded; ISDN $200.35 Serv; Jack Lederman $683.24 Various; Jack's Uniforms $4,681.65 Su; JAMAR Tech $336.60 Su; Job CRS $116.00 Su; Jordan, G $148.00 Reim; K Mart $14.47 Su; K&K $240.53 Various; Kelly Supply $834.48 Su; Kennedy, C $4.53 Ref; Kiefer Swim Shop $187.50 Su; Killion Motors $56.85 Various; Kipp Bros $48.15 Su; Kirkham Michael $36,340.69 Serv; Kissler, S $25.00 Ref; Kooyman, R $200.00 Reim; Kuster, K $15.56 Ref; Ky Area Chamber $18.00 Various; Ky Area Children's Museum $2,218.55 Lottery Trust; Ky Area Solid Waste Agency $61,971.71 Tipping Fees; Ky Area United Way $600.36 Ded; Ky Concrete $654.98 Serv; Ky Crete $357.74 Rep; Ky Glass $337.78 Various; Ky Implement $481.13 Various; Ky Whse $1,282.97 Su; Ky Winlectric $83.72 Various; Ky Yamaha $6,714.10 Various; LARM $1,000.00 Prem; Laser Art Design $993.00 Serv; Laughlin, K $720.00 Ded; Law Enforcement Resources $195.00 Su; Lawson Products $148.90 Rep; League of NE Municipalities $648.00 Various; Leonard, L $30.00 Ref; Lindenstein's $172.50 Su; Linweld $34.38 Various; Lisa's Instant Print $18.00 Su; Location Tech $1,277.00 Rep; Lockmobile $21.00 Su; Mail Express $8.52 Pstg; Marlatt Machine Shop $707.90 Various; Martinosky, M $50.00 Reim; Maryland Screenprinters $457.45 Su; McCollister & Co $1,579.10 Inv; Merrill, N $31.95 Ref; MES-Snyder $706.14 Various; Midlands Contracting $97,646.80 Serv; Midway Chrysler Dodge $429.24 Inv; Midwest Turf $128.87 Various; Miller & Associates $27,857.30 Serv; Miller Signs $2,055.00 Serv; Momar $474.94 Su; Mosbarger, B $360.36 Various; Mother Earth News $24.95 Bks; Mr. Automotive $2,072.72 Various; Municipal Pipe Tool $169.39 Rep; Municipal Supply $1,507.85 Inv; Murphy Tractor $341.02 Inv; NAPA $982.94 Su; Nasco Int'l $127.60 Su; Nat'l Supply $262.01 Su; Nat'l Waterworks $12,877.84 Various; Nature Watch $119.85 Su; NE Child Support $1,784.36 Ded; NE Conf on Preventing Youth Violence $25.00 Tr; NE Dept of Env Quality $16,145.41 Disposal Fee; NE Dept of Motor Vehicles $8.75 Serv; NE Dept of Revenue $61,991.93 Various; NE Golf & Turf $811.86 Rep; NE Library Commission $15.00 Tr; NE Machinery $319.32 Su; NE Truck Center $1,696.66 Rep; NE Truck Center $1,887.96 Inv; NE Wine & Spirits $42.40 Su; NEland Distributors $1,755.50 Su; Netknacks Tennis Awards $140.00 Su; Ninegar, L $15.00 Ref; Nogg Chemicals $731.71 Inv; Norm's Plumbing $55.00 Rep; Northwestern $9,454.60 Serv; OCLC/Forest Press $375.00 Serv; Office Max $453.45 Su; Officenet $12,454.61 Various; O'Keefe Elevator $406.70 Serv; Old Home Bakers $28.60 Su; OMB Police Supply $89.97 Rep; OMNI Hotels $909.65 Tr; Orbitz $12.00 Tr; O'Reilly $505.63 Various; Orscheln $746.09 Various; Osterburg, R $40.00 Reim; Our Designs $892.90 Serv; Overhead Door $231.66 Su; P.E.P. $48.67 Rep; Paramount Linen $97.41 Various; Pat's Plumbing $50.06 Su; Payflex Systems $399.50 Various; Paz & Associates $13.90 Su; Petroleum Equipment $253.59 Inv; PGA of America $471.00 Su; Pioneer Mfg $240.00 Su; Platte Valley Communications $10,480.65 Serv; Platte Valley Med Group $158.00 Tr; Power Plan $1,241.41 Rep; Preferred Mail $101.56 Pstg; Presto-X $128.00 Serv; Prices Tree Service $4,445.00 Serv; Putnam, R $30.00 Ref; Quality Books $9.30 Bks; R.C. Both Ent $50.00 Su; Radio Shack $403.59 Various; Rainbow Group $849.00 Su; Reams Sprinkler $54.30 Su; Recognition Unlimited $384.00 Su; Recorded Books $153.45 Bks; Recreonics $67.16 Su; Reinke's  $118.00 Rep; Riverside Animal Hospital $2,275.45 Serv; Rodriguez, R $22.25 Ref; Roenfeldt, G $8.79 Ref; Rose Equipment $930.20 Rep; SA Foster Lumber $49.26 Inv; Saathoff, J $45.86 Su; Safety-Kleen $206.95 Su; Sahling Kenworth $891.52 Inv; Schwans's $124.36 Su; Scranton Mfg $259.65 Inv; See Clear Cleaning $1,950.00 Serv; Sentelle, C $63.00 Ref; Sewer Equipment $55.21 Su; S-F Analytical Lab $665.00 Serv; Sheraton Hotels $1,139.91 Tr; Sherman/Many-Mini Toys $96.88 Su; Sherwin Williams $19.95 Su; Shirt Shack $816.00 Su; Shopko $41.13 Su; Sid Dillon Buick Nissan $121.96 Su; Sign Center $905.25 Rep; Solid Waste Agency Landfill $12.00 Serv; Splitter, M $35.65 Tr; Sport Supply $63.05 Su; Sports Authority $282.88 Su; Sprint $208.71 Serv; SS Arts Craft $300.12 Su; State of NE DAS Comm $26.59 Serv; State of NE Dept of Ag $40.46 Serv; State of NE HHS Lab $1,492.00 Su; Steinbrinks Landscaping $212.35 Su; Sterling Distributing $80.25 Su; Store.Palm.Com $116.91 Su; Sullivan, D $24.03 Ref; Sungard H.T.E. $57,416.08 Serv; Super Shine $27.00 Rep; T&B Cleaning $1,100.00 Serv; Tachnologies $1,714.50 Su; Tailor Bill's $229.80 Serv; Teager, S $5.28 Ref; Terra Scan $2,689.00 Serv; Thoene, J $21.86 Ref; Thompson, L $60.00 Rep; Tielke Ent $353.67 Su; Tim & Lanny's Auto $11,900.00 Equip; Titleist $5,457.22 Inv; Tomark Sports $632.80 Su; Tractor Supply $879.80 Various; Trexmart $19.35 Tr; Tri-City Outdoor Power $364.21 Su; U Save Foods $151.46 Su; UAP Pueblo $109.32 Inv; United Air $846.78 Tr; United Distillers $217.22 Su; United States Treasury $5,479.44 Serv; Uphoff, A $30.85 Ref; UPRR $100.00 Lease; UPS $228.95 Pstg; US Toy/Cost Playthings $43.35 Su; USDA-APHIS-Animal Care $75.00 License; USPS $34.67 Pstg; USTA $34.95 Su; Van Diest $2,311.93 Various; Vasquez, P $14.00 Ref; Vavra, V $30.00 Reim; Video Services of America $66.05 Serv; Village Cleaners $5.00 Su; Village Uniform $126.32 Cla; W.S. Darley & Co $35.70 Rep; Waldenbooks $50.00 Bks; Walgreens $5.30 Su; Walmart $2,441.09 Various; Walmsley, J $24.63 Ref; Walters Electric $1,391.95 Serv; Washington State Support $204.02 Ded; West Group $299.00 Su; Whitney, T $11.99 Reim; Widger, M $39.50 Reim; Wilke Donovans $273.74 Various; Williams, B $17.58 Ref; Wilmont, M $35.00 Ref; Winfield Concrete Leveling $8,961.03 Serv; WW Grainger $6.88 Inv; Xerox $347.63 Serv; Young, M $785.64 Tr; Young's $47.14 Su; Zimmerman Printers $2,460.40 Su; Payroll Ending 06-26-2004 -- $274,525.89.  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 application for a Special Designated License submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class DK61563 Liquor License to dispense beer, wine, and distilled spirits in the Exposition Center and designated beer garden located at the Buffalo County Fairgrounds, 3807 Avenue N, on August 5, 6, 7, and 9, 2004 from 5:00 p.m. until 1:00 a.m. and on August 8, 2004 from 12:00 p.m. until 12:00 a.m. for the Buffalo County Fair.

 

4.         Approve the Application for a Special Designated License submitted by RICHARD KOHMETSCHER, dba “Dick’s Place” in connection with their Class CK528 Liquor License to dispense beer, wine and distilled spirits in the Ag Pavilion Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on August 28, 2004 from 12:00 p.m. until 1:00 a.m. for a wedding dance and reception.

 

5.         Approve the Developer Constructed Infrastructure Agreement between the City of Kearney and DT Development, Inc. for the installation of public infrastructure in Grace Addition and approve Resolution No. 2004-119.

 

RESOLUTION NO. 2004-119

 

            BE IT RESOLVED BY THE VICE-PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement Grace Addition”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and DT Development, Inc., be and is hereby accepted and approved, and the Vice-President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

            PASSED AND APPROVED THIS 13TH DAY OF JULY, 2004.

 

ATTEST:                                                                       VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

6.         Approve the request submitted by Theador and Sylvia Asay to extend Special Use Permit No. 1988-06 to locate a Bed and Breakfast at 621 West 27th Street for a period of two years.

 

7.         Approve the application for a Special Designated License submitted by CHICKEN BONES OF KEARNEY, INC., dba “Chicken Coop Sports Bar & Grill” in connection with their Class I-54354 Liquor License to dispense beer and distilled spirits in the Exposition Building and a fenced-in area located at the Buffalo County fairgrounds, 3807 Avenue N on August 27, 2004 from 8:00 a.m. until 1:00 a.m. in conjunction with Coopfest.

 

8.         Consider the request submitted by ReFind to use the parking lot located behind City Hall between Central Avenue and Avenue A south of 23rd Street on July 23, 2004 from 4:00 p.m. until 11:00 p.m. for the Annual Rock and Block Party.

 

9.         Approve the Employment Agreement between the City of Kearney and G. Allen Johnson and approve Resolution No. 2004-120.

 

RESOLUTION NO. 2004-120

 

            WHEREAS, the City Council of the City of Kearney, Nebraska, do hereby fix, prescribe and limit salary and wages to be paid by this City to the City Manager, pursuant to the authority granted in Section 1-301 of the Code of the City of Kearney, Nebraska, and Section 19-620 of the Nebraska Revised Statutes.

            NOW, THEREFORE, BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the City Manager be paid an annual salary of One Hundred Eight Thousand Three Hundred Ninety-five Dollars ($108,395.00) effective July 1, 2004; said salary to be paid bi-weekly from any City funds and the Kearney Municipal Airport Corporation Fund in such proportionate amounts as the City Manager may determine.

            BE IT FURTHER RESOLVED that the Vice-President of the Council be and is hereby authorized and directed to execute the Employment Agreement which Agreement will expire on December 31, 2004 with the stipulation that the Agreement may be extended if needed.

            PASSED AND APPROVED THIS 13TH DAY OF JULY, 2004.

 

ATTEST:                                                                       VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

10.        Authorize the Mayor to execute the “Proposal From Thelen Consultants for Recruitment Services and Executive Search” and approve Resolution No. 2004-121.

 

RESOLUTION NO. 2004-121

 

BE IT RESOLVED by the Vice-President and Council of the City of Kearney, Nebraska, that the Vice-President be and is hereby authorized and directed to execute the “Proposal From Thelen Consultants for Recruitment Services and Executive Search” on behalf of the City of Kearney, Nebraska, a copy of the Proposal, marked Exhibit “1”, is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 13TH DAY OF JULY, 2004.

 

ATTEST:                                                                       VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

11.        Approve the request submitted by the Kearney Downtown Centre Association to use the sidewalks only on July 22, 23, and 24, 2004 from 8:00 a.m. until 8:00 p.m., and to display a banner from July 12, through July 25, 2004 advertising Sidewalk Sales over Central Avenue and 23rd Street.

 

12.        Approve the Agreements submitted by Kaufmann Centre, ReFind, Cedar Hill Creations, Miskos, Betty Janes, Redman Shoes, and Self Service Furniture to use the parking spaces in front of their respective businesses during Sidewalk Sales on July 22, 23, 2004 between the hours of 8:00 a.m. and 8:00 p.m.

 

14.        Approve the Agreement submitted by Shopping Tripps to use the parking spaces in front of their business during Sidewalk Sales on July 22, 23, 2004 between the hours of 8:00 a.m. and 8:00 p.m.

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7069 – VACATE ALLEY BETWEEN AVENUE K AND AVENUE L AND 15TH STREET AND 16TH STREET

 

Council Member Clouse introduced Ordinance No. 7069, being Subsection 1 of Agenda Item VI to vacate all of the public alley lying between Avenue K and Avenue L from 15th Street to 16th Street, together with the vacated south 7.0 feet of 16th Street and together with the vacated north 7.0 feet of 15th Street abutting said alley, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Hadley seconded the motion to suspend the rules.  Vice-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: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent.  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. 7069 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 7069 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Hadley, Clouse, Buschkoetter.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7069 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. 7070 – VACATE PORTION OF 15TH STREET

 

Council Member Clouse introduced Ordinance No. 7070, being Subsection 2 of Agenda Item VI to vacate the south 7.0 feet of 15th Street abutting vacated Avenue L and the south 7.0 feet of 15th Street abutting part of Lot 1618, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Hadley seconded the motion to suspend the rules.  Vice-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: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent.  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. 7070 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 7070 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Hadley, Clouse, Buschkoetter.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7070 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. 7071 – REZONING; BETWEEN 14TH STREET AND 15TH STREET AND AVENUE K AND AVENUE M

 

Council Member Clouse introduced Ordinance No. 7071, being Subsection 3 of Agenda Item VI to rezone from “District R-1, Urban Residential Single Family District (Low Density)” to “District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District” property described as Lots 1617 and 1618, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of Avenue L from the north line of 14th Street to south line of 15th Street, and together with the vacated south 7 feet of 15th Street abutting said Lots 1617 and 1618 and vacated Avenue L on the north, and together with the vacated north 7 feet of 14th Street abutting Lots 1617 and 1618 and vacated Avenue L on the south, and also together with the vacated east 7 feet of Avenue K abutting Lot 1617 and that portion of the vacated south 7 feet of 15th Street and the vacated north 7 feet of 14th Street on the west; AND Lots 1 through 12 inclusive, Warwick Place, a subdivision of Lot 1358, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with all of the alley abutting Lots 1 through 12 inclusive, and also together with the vacated south 7 feet of 16th Street abutting Lots 1 and 12 and said alley on the north, and also together with the vacated north 7 feet of 15th Street abutting Lots 6 and 7 and said alley on the south, and also together with the vacated east 7 feet of Avenue K abutting Lots 7 through 12 and that portion of the vacated south 7 feet of 16th Street and that portion of the vacated north 7 feet of 15th Street on the west, all located in the City of Kearney, Buffalo County, Nebraska (between 14th Street and 15th Street and Avenue K and Avenue M), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Hadley seconded the motion to suspend the rules.  Vice-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: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent.  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. 7071 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 7071 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Hadley, Clouse, Buschkoetter.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7071 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. 7072 – CONDITIONAL USE PERMIT TO WWC LICENSE LLC; NORTHEAST CORNER OF BUFFALO COUNTY FAIRGROUNDS

 

Council Member Clouse introduced Ordinance No. 7072, being Subsection 4 of Agenda Item VI to grant a Conditional Use Permit to Peter Mauro of WWC License LLC (Applicant) and Buffalo County Agricultural Association (Owner) for a Conditional Use Permit to locate a 126-foot monopole communications tower and radio equipment and pad on property zoned “District AG, Agricultural District” and described as the North Half of the Northwest Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (northeast corner of Buffalo County Fairgrounds), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Hadley seconded the motion to suspend the rules.  Vice-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: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent.  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. 7072 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 7072 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Hadley, Clouse, Buschkoetter.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7072 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. 7073 – VACATE PORTION OF BEL AIR FIRST ADDITION

 

Council Member Clouse introduced Ordinance No. 7073, being Subsection 5 of Agenda Item VI to vacate Lots 1, 2, 3, 4, 5, 6, 7, and 8 of Bel Air First Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 65th Street Place and west of Avenue N), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Hadley seconded the motion to suspend the rules.  Vice-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: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent.  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. 7073 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 7073 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Hadley, Clouse, Buschkoetter.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7073 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. 7074 – REZONING; NORTH OF 65TH STREET PLACE AND WEST OF AVENUE N

 

Council Member Clouse introduced Ordinance No. 7074, being Subsection 6 of Agenda Item VI to rezone from “District RR-1, Rural Residential District (Rural Standards)” to “District R-1, Urban Residential Single Family District (Low Density)” property described as Lot 1, Bel Air First Addition to the City of Kearney, Buffalo County, Nebraska (north of 65th Street Place and west of Avenue N), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Hadley seconded the motion to suspend the rules.  Vice-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: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent.  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. 7074 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 7074 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Hadley, Clouse, Buschkoetter.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7074 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 – BEL AIR SECOND ADDITION

 

Vice-President Kearney opened for discussion the application submitted by Ron Ridgway (Applicant) for Three Tier Corporation (Owner) for Final Plat approval of “BEL AIR SECOND ADDITION” to the City of Kearney, Buffalo County, Nebraska (north of 65th Street Place and west of Avenue N) and to consider approval of Resolution No. 2004-123. Planning Commission recommended approval.

 

This matter was discussed during Public Hearing 7. There was no further discussion.

 

Moved by Buschkoetter seconded by Kearney to approve the application submitted by Ron Ridgway (Applicant) for Three Tier Corporation (Owner) for Final Plat approval of “BEL AIR SECOND ADDITION” to the City of Kearney, Buffalo County, Nebraska (north of 65th Street Place and west of Avenue N) and approve Resolution No. 2004-123.  Roll call resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.

 

RESOLUTION NO. 2004-123

 

            BE IT RESOLVED BY THE VICE-PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “BEL AIR 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 Vice-President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

            PASSED AND APPROVED THIS 13TH DAY OF jULy, 2004.

 

ATTEST:                                                                       VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ORDINANCE NO. 7075 – CONDITIONAL USE PERMIT TO ALLTEL; 2815 WEST 31ST STREET

 

Council Member Kearney introduced Ordinance No. 7075, being Subsection 8 of Agenda Item VI to grant a Conditional Use Permit to The Lincoln Telephone and Telegraph Company, dba “Alltel Communications of Nebraska, Inc.” (Applicant and Owner) to co-locate and upgrade a wireless telecommunications facility consisting of antenna changes on an existing tower owned by Alltel Communications of Nebraska, Inc. and to expand the depth of the fenced compound by 30 feet to add a 11.5’ x 16’ equipment shelter and associated equipment on property zoned “District R-1, Urban Residential Single-Family District (Low Density)” and described as a tract of land located in the Northwest Quarter of the Southwest Quarter of Section 34,  Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (2815 West 31st Street), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Clouse seconded the motion to suspend the rules.  Vice-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: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent.  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. 7075 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Clouse seconded by Hadley that Ordinance No. 7075 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Hadley, Clouse, Buschkoetter.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7075 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. 7076 – VACATE PORTION OF SIXTH STREET ADDITION AND PORTION OF A. COLLIN’S SUBDIVISION

 

Regular Agenda Items 9 and 10 were discussed together but voted on separately.

 

The applicant is requesting approval of a fourteen-lot subdivision to be known as “Kreutz Addition” located east of 329 Central Avenue.  This property is zoned M-1, Limited Industrial. This subdivision will extend 4th Street to the east from Central Avenue providing a continuous collector street serving area traffic east and west.  Lots are located on the north and south side of 4th Street with one large lot extending south from Sixth Street.  The large lot will take access from Sixth Street and will be used to expand Sixth Street Storage, an existing self-storage facility.  Currently, there are no City services available in the 4th Street corridor or the Landon Street corridor.  The Utilities Department plans to perform a feasibility study and expense estimate for the installation of these services in the future.  Until City services are available, future development proposals will be evaluated on a case-by-case basis investigating the need for services along the preferred route.  All other required information is shown on the Preliminary and Final Plat.  The Preliminary Plat was approved by Planning Commission on June 18, 2004.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. He represents Judy Ann Kreutz family and Mark Benjamin’s company involving the portion of the property that he owns.  This piece of property is a linchpin for the future development and expansion of southeast Kearney because this is located at the intersection of 4th Street and Central Avenue. This is the first 4-way intersection coming into Kearney off of the Interstate. After much discussion at the Planning Commission about the issues and concerns that the City had, a satisfactory conclusion for all has been reached.  In order to make things happen, a lot will be vacated in Sixth Street Addition and ultimately they will ask for the final plat of Kreutz Addition. 

 

Council Member Clouse introduced Ordinance No. 7076, being Subsection 9 of Agenda Item VI to vacate Lot 6 of Block 3, Sixth Street Addition, and part of Lot 4, A. Collin’s Subdivision, both in the City of Kearney, Buffalo County, Nebraska (101 East 6th Street and north of 329 Central Avenue), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Hadley seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7076 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 7076 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7076 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 – KREUTZ ADDITION

 

Vice-President Kearney opened for discussion the application submitted by Mitch Humphrey (Applicant) for Judy Ann Kreutz (Owner) for Final Plat approval of “KREUTZ ADDITION” to the City of Kearney, Buffalo County, Nebraska (101 East 6th Street and north of 329 Central Avenue) and to consider approval of Resolution No. 2004-124. Planning Commission recommended approval subject to the easement being executed prior to the Council meeting.

 

Moved by Buschkoetter seconded by Kearney to approve the application submitted by Mitch Humphrey (Applicant) for Judy Ann Kreutz (Owner) for Final Plat approval of “KREUTZ ADDITION” to the City of Kearney, Buffalo County, Nebraska (101 East 6th Street and north of 329 Central Avenue) and approve Resolution No. 2004-124.  Roll call resulted as follows:  Aye: Kearney, Hadley, Clouse, Buschkoetter.  Nay: None.  Blankenship absent. Motion carried.

 

RESOLUTION NO. 2004-124

 

            BE IT RESOLVED BY THE VICE-PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “KREUTZ 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 Vice-President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

            PASSED AND APPROVED THIS 13TH DAY OF jULy, 2004.

 

ATTEST:                                                                       VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

FINAL PLAT – JOHNSON ESTATES

 

Vice-President Kearney opened for discussion the application submitted by Mitch Humphrey (Applicant) for Lanny L. Johnson (Owner) for Final Plat approval of “JOHNSON ESTATES” said property described as a tract of land being part of the West Half of the Southwest Quarter of Section 29, Township 9 North, Range 16 West of the 6th P.M., containing 12.50 acres, more or less, Buffalo County, Nebraska (north of Summit Road and west of Cottonmill Avenue) and to consider approval of Resolution No. 2004-125. Planning Commission recommended approval subject to 17 feet of right-of-way being dedicated on the west side of Cottonmill Avenue.

 

The applicant is requesting approval of a two-lot subdivision located in northwest Kearney north of Summit Road and west of Cottonmill Avenue.  The land area of the subdivision is 12.50 acres.  An existing house and associated improvements are located on the proposed north lot and the proposed south lot is vacant.  The property is zoned RR-1 and is served by individual well and septic systems.

 

The Preliminary Plat and Final Plat of Johnson Estates consist of a two-lot subdivision with a shared driveway access to Cottonmill Avenue.  There is a fifty-foot building setback form Cottonmill Avenue and then a 65-foot gas line easement so any structure will be setback over 100 feet from the street.  The Preliminary Plat was approved by Planning Commission on June 18, 2004.  No Public Works Plan is required.  Seventeen feet of right-of-way is dedicated on the west side of Cottonmill Avenue for an ultimate street right-of-way of 100 feet since this street is an arterial.  Only one access point is allowed at Cottonmill Avenue, hence the shared driveway easement shown on the Final Plat.

 

Mitch Humphrey from Buffalo Surveying was present to answer any questions. 

 

Moved by Kearney seconded by Clouse to approve the application submitted by Mitch Humphrey (Applicant) for Lanny L. Johnson (Owner) for Final Plat approval of “JOHNSON ESTATES” said property described as a tract of land being part of the West Half of the Southwest Quarter of Section 29, Township 9 North, Range 16 West of the 6th P.M., containing 12.50 acres, more or less, Buffalo County, Nebraska (north of Summit Road and west of Cottonmill Avenue) and approve Resolution No. 2004-125 subject to 17 feet of right-of-way being dedicated on the west side of Cottonmill Avenue.  Roll call resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.

 

RESOLUTION NO. 2004-125

 

            BE IT RESOLVED BY THE VICE-PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “JOHNSON ESTATES” a subdivision being part of the West Half of the Southwest Quarter of Section 29, Township 9 North, Range 16 West of the 6th P.M., containing 12.50 acres, more or less, Buffalo County, Nebraska, and in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska.

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

            PASSED AND APPROVED THIS 13TH DAY OF JULY, 2004.

 

ATTEST:                                                                       VICE-PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ORDINANCE NO. 7077 – VACATE EASEMENT IN RAPP ADDITION

 

The applicant is requesting vacation of an existing utility easement described as the south ten feet of the utility easement on Lot 16, Block 3, Rapp Addition to the City of Kearney, Buffalo County, Nebraska. When the house was constructed on this lot, the location of the footings encroached into the previously described utility easement.  Although Title Insurance Companies could grant clear title to the property, the contractor and developer have agreed it would be best to address this encumbrance now.  There are no active utilities in the easement and the utility companies have signed a consent form to vacate the easement.

 

Pat Moore, 32 Mustang Trail, presented this matter to the Council.  He stated that he encroached into an easement when building on some property.  Since there are no utilities in the easement at this time, the City does not see that there will be a need for it because 13th Avenue has been extended to the south where there is an easement at the south end.  Mr. Moore requested that the easement be vacated.  Director of Public Works Rod Wiederspan stated that all the necessary signatures from the other utilities showing they will not need that easement in the future have been obtained.  Mr. Wiederspan stated it is easier to vacate the easement than to go to the Board of Adjustment for the encroachment.  This request is acceptable to the City.

 

Council Member Clouse introduced Ordinance No. 7077, being Subsection 12 of Agenda Item VI to vacate the south 10.0 foot platted utility easement located on Lot 16, Block 3, Rapp Addition to the City of Kearney, Buffalo County, Nebraska (911 13th Avenue), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Hadley seconded the motion to suspend the rules.  Vice-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: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent.  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. 7077 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 7077 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Hadley, Clouse, Buschkoetter.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7077 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. 7078 – VACATE SETBACK IN SKIVIEW ESTATES FOURTH

 

The applicant is requesting vacation of an existing platted front setback line for Lot 7, Skiview Estates 4th, in a residential subdivision.  The property is zoned R-1 and the minimum setback required by Code is 25 feet, but the developer platted a 30-foot front setback on these lots.  There are six lots arranged around a cul-de-sac with the 30-foot platted setback.

 

The lot owners worked with the City Building and Zoning Division and their draftsman to position the house on the irregular shaped lot so that it would meet all required setbacks.  A Building Permit was issued and the basement was excavated.  As the foundation contractor was making preparations to pour the footings he noticed that the building location was encroaching into the required rear yard.  Measurements were checked and the property pins were verified.  Now it seems that the house will not fit on the site without vacating the platted front setback or reducing the size of the house.  If vacated, the setback line will become the default distance for the zoning district at 25 feet.  The depth of the house actually only requires about 2.5 feet to “fit” on the lot.

 

The Planning Commission and City Council have vacated platted setbacks in the past.  In this case, the houses are arranged around a cul-de-sac instead of in a consistent line as on a straight section of street block.  Therefore, the 2.5-foot difference in setback will be virtually unnoticeable from the street.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. The request to vacate this platted setback line in order to comply with the zoning regulation to hold a 25 foot building setback line so this structure can be built on this particular lot.  Director of Public Works stated this setback was 30 foot, which exceeds the 25-foot setback the City requires. The developer had this as the setback at the time of platting and no one in the neighborhood is objecting to this one house moving closer.  This is easier than asking the Board of Adjustment for a variance.

 

Council Member Buschkoetter introduced Ordinance No. 7078, being Subsection 13 of Agenda Item VI to vacate the 30.0 foot platted building setback located on Lot 7, Skiview Estates Fourth, an Addition to the City of Kearney, Buffalo County, Nebraska (5207 Avenue C Place), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules. Vice-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: Kearney, Clouse, Buschkoetter, Hadley. Nay: None.  Blankenship absent.  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. 7078 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Kearney seconded by Clouse that Ordinance No. 7078 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7078 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.

 

TRI CITY ARENA – CORPORATE MANAGER APPLICATION

 

Vice-President Kearney stated the Application for Corporate Manager for Michelle Kay submitted by the Tri-City Arena has been requested to be tabled until August 10, 2004.

 

Moved by Clouse seconded by Hadley to table until August 10, 2004 the Application for Corporate Manager for Michelle Kay submitted by KABB LLC, dba “Tri-City Arena” in connection with their Class I49859 Liquor License located at 609 Platte Road.  Roll call resulted as follows:  Aye: Kearney, Hadley, Clouse, Buschkoetter.  Nay: None.  Blankenship absent. Motion carried.

 

ORDINANCE NO. 7079 – WATER CONNECTION DISTRICT 2004-1

 

Regular Agenda Items 15 through 34 were discussed and voted on together. 

 

Director of Utilities Kirk Stocker presented this matter to the Council. In this year’s budget the City of Kearney included funds to construct several water and sewer connection districts in Southeast Kearney.  Primarily the area east of Avenue M between 20th Street and 22nd Street would be served with the majority of these districts.  This area has been without service for many years because the Avenue M storm sewer, constructed in 1972, “blocked” sanitary sewer from being extended east into the area.  Several years ago the Utilities Department and the City Engineer, Miller and Associates, began investigating possibilities to serve the area.  It was found that sanitary sewer could be constructed east from Avenue M at what would be 18th Street because the sanitary sewer main at that location is at an elevation below the storm sewer.  Because several property owners lie within the proposed district boundaries and because most of those owners cannot commit to a water or sanitary sewer assessment, connection districts are being proposed.  Connection fees levied from a connection district are not a lien on the property, no annual payment is due and interest does not accrue.  However, when a property connects to the water and sewer the property owner pays 100% of the connection fee levied for that property.

 

Other districts being proposed at this time are water and sewer connection districts in Avenue D from 11th Street to 13th Street.  Also, developers have requested water sewer and paving districts in 14th Street and 15th Street from Avenue K to Avenue M and for Avenue K from 14th Street to 15th Street.  Additionally, a property owner has requested that a paving district be created for 15th Street from Avenue H to Avenue I.

 

Sewer Connection District No. 2004-1 is proposed in an easement in what would be 18th Street from Avenue M to Avenue O.  Sewer Connection District No. 2004-2 is proposed in vacated Avenue O and in platted Avenue O from 18th Street to just north of 22nd Street.  Sewer Connection District No. 2004-3 and Water Connection District No. 2004-1 are proposed in 20th Street from Avenue O to Avenue M.  Sewer Connection District No. 2004-4 and Water Connection District No. 2004-2 are proposed for Avenue N from 20th Street to just north of 22nd Street.  Sewer Connection District No. 2004-5 is proposed in 21st Street from Avenue N to Avenue M.  Sewer Connection District No. 2004-6 is proposed in 22nd Street from Avenue N to Avenue M.  Water Connection District No. 2004-3 is proposed in Avenue O from 20th Street to 22nd Street.  Sewer Connection District No. 2004-7 and Water Connection District No. 2004-4 are proposed in Avenue D from 11th Street to 13th Street.

 

The following districts have been requested by a developer, Paving District No. 2004-886, Water District No. 2004-533 and Sewer District No. 2004-575 are proposed in Avenue K from 14th Street to 15th Street; Paving District No. 2004-887, Water District No.2004-534 and Sewer District No. 2004-476 are proposed in 14th Street from Avenue K to Avenue M and Paving District No. 2004-888 and Sewer District No. 2004-477 in 15th Street from Avenue K to Avenue M.

 

Also, a property owner has requested that the Council create Paving District No, 2004-889 for 15th Street from Avenue H to Avenue I.

 

The Utilities Department has included funds in this year’s budget for all of the water and sewer districts proposed.  The funds to pay for the construction of these projects have been carried over and included in the budget for 2004-2005 also.  Additionally, the Utilities Department will use the cost of the proposed sewer projects as grant match to obtain the $161,335.00 balance of the EPA Grant awarded to the City in 1996 for the Wastewater Treatment Plant Improvement Project.  The grant balance will not be used to reduce the cost of the assessments and connection fees but instead will be placed in the sewer fund to benefit the sewer ratepayers of the City.

 

The Public Works Department has budgeted funds for the cost of miscellaneous paving districts that arise throughout the year, for which the proposed paving districts would be included.

 

Council Member Hadley introduced Ordinance No. 7079, being Subsection 15 of Agenda Item VI to create Water Connection District No. 2004-1 in 20th Street from Avenue M east to Avenue O, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7079 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7079 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7079 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. 7080 – WATER CONNECTION DISTRICT NO. 2004-2

 

Council Member Hadley introduced Ordinance No. 7080, being Subsection 16 of Agenda Item VI to create Water Connection District No. 2004-2 in Avenue N from 20th Street north to the south line of Lot 9, Block 7, Whiteaker’s Grove Addition, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7080 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7080 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7080 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. 7081 – WATER CONNECTION DISTRICT NO. 2004-3

 

Council Member Hadley introduced Ordinance No. 7081, being Subsection 17 of Agenda Item VI to create Water Connection District No. 2004-3 in Avenue O from 20th Street north to the south line of Lot 9, Block 6, Whiteaker’s Grove Addition, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7081 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7081 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7081 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. 7082 – WATER CONNECTION DISTRICT NO. 2004-4

 

Council Member Hadley introduced Ordinance No. 7082, being Subsection 18 of Agenda Item VI to create Water Connection District No. 2004-4 in Avenue D from 11th Street north to 13th Street, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7082 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7082 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7082 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. 7083 – SEWER CONNECTION DISTRICT NO. 2004-1

 

Council Member Hadley introduced Ordinance No. 7083, being Subsection 19 of Agenda Item VI to create Sewer Connection District No. 2004-1 in a sanitary sewer easement in 18th Street, if extended, to Avenue O, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7083 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7083 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7083 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. 7084 – SEWER CONNECTION DISTRICT NO. 2004-2

 

Council Member Hadley introduced Ordinance No. 7084, being Subsection 20 of Agenda Item VI to create Sewer Connection District No. 2004-2 in Avenue O from 18th Street, if extended, to 22nd Street, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7084 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7084 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7084 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. 7085 – SEWER CONNECTION DISTRICT NO. 2004-3

 

Council Member Hadley introduced Ordinance No. 7085, being Subsection 21 of Agenda Item VI to create Sewer Connection District No. 2004-3 in 20th Street from Avenue M east to Avenue O, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7085 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7085 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7085 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. 7086 – SEWER CONNECTION DISTRICT NO. 2004-4

 

Council Member Hadley introduced Ordinance No. 7086, being Subsection 22 of Agenda Item VI to create Sewer Connection District No. 2004-4 in Avenue N from 20th Street north to the south line of Lot 9, Block 7, Whiteaker’s Grove Addition, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7086 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7086 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7086 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. 7087 – SEWER CONNECTION DISTRICT NO. 2004-5

 

Council Member Hadley introduced Ordinance No. 7087, being Subsection 23 of Agenda Item VI to create Sewer Connection District No. 2004-5 in 21st Street from Avenue M east to Avenue N, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7087 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7087 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7087 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. 7088 – SEWER CONNECTION DISTRICT NO. 2004-6

 

Council Member Hadley introduced Ordinance No. 7088, being Subsection 24 of Agenda Item VI to create Sewer Connection District No. 2004-6 in 22nd Street from Avenue M east to Avenue N, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7088 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7088 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7088 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. 7089 – SEWER CONNECTION DISTRICT NO. 2004-7

 

Council Member Hadley introduced Ordinance No. 7089, being Subsection 25 of Agenda Item VI to create Sewer Connection District No. 2004-7 in Avenue D from 11th Street north to 13th Street, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7089 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7089 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7089 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. 7090 – PAVING DISTRICT NO. 2004-886

 

Council Member Hadley introduced Ordinance No. 7090, being Subsection 26 of Agenda Item VI to create Paving Improvement District No. 2004-886 in Avenue K from 14th Street north to 15th Street, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7090 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7090 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7090 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. 7091 – WATER DISTRICT NO. 2004-533

 

Council Member Hadley introduced Ordinance No. 7091, being Subsection 27 of Agenda Item VI to create Water District No. 2004-533 in Avenue K from 14th Street north to 15th Street, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7091 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7091 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7091 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. 7092 – SEWER DISTRICT NO. 2004-475

 

Council Member Hadley introduced Ordinance No. 7092, being Subsection 28 of Agenda Item VI to create Sewer District No. 2004-475 in Avenue K from 14th Street north to 15th Street, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7092 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7092 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7092 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. 7093 – PAVING DISTRICT NO. 2004-887

 

Council Member Hadley introduced Ordinance No. 7093, being Subsection 29 of Agenda Item VI to create Paving Improvement District No. 2004-887 in 14th Street from Avenue K east to Avenue M, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7093 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7093 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7093 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. 7094 – WATER DISTRICT NO. 2004-534

 

Council Member Hadley introduced Ordinance No. 7094, being Subsection 30 of Agenda Item VI to create Water District No. 2004-534 in 14th Street from Avenue K east to Avenue M, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7094 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7094 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7094 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. 7095 – SEWER DISTRICT NO. 2004-476

 

Council Member Hadley introduced Ordinance No. 7095, being Subsection 31 of Agenda Item VI to create Sewer District No. 2004-476 in 14th Street from Avenue K east to Avenue M, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7095 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7095 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7095 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. 7096 – PAVING DISTRICT NO. 2004-888

 

Council Member Hadley introduced Ordinance No. 7096, being Subsection 32 of Agenda Item VI to create Paving Improvement District No. 2004-888 in 15th Street from Avenue K east to Avenue M, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7096 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7096 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7096 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. 7097 – SEWER DISTRICT NO. 2004-477

 

Council Member Hadley introduced Ordinance No. 7097, being Subsection 33 of Agenda Item VI to create Sewer District No. 2004-477 in 15th Street from Avenue K east to Avenue M, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7097 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7097 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7097 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. 7098 – PAVING DISTRICT NO. 2004-889

 

Council Member Hadley introduced Ordinance No. 7098, being Subsection 34 of Agenda Item VI to create Paving Improvement District No. 2004-889 in 15th Street from Avenue H east to Avenue I, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules.  Vice-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: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent.  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. 7098 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.  Ordinance was read by number.

 

Moved by Buschkoetter seconded by Kearney that Ordinance No. 7098 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley, Clouse.  Nay: None.  Blankenship absent. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7098 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

 

OPEN ACCOUNT CLAIMS --      NPPD -- $2,276.77

 

Moved by Kearney seconded by Hadley that Open Account Claims in the amount of $2,276.77 payable to NPPD be allowed.  Roll call resulted as follows:  Aye: Kearney, Hadley, Buschkoetter.  Nay: None.  Clouse abstained and Blankenship absent.  Motion carried.

 

VII.    REPORTS

 

JOINT CITY/COUNTY BUDGET MEETING

 

The Council was reminded of the Joint City/County Budget Meeting to be held on July 22, 2004 at 12:00 p.m. at the Kearney Public Library.

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Buschkoetter that Council adjourn at 8:43 p.m.  Roll call resulted as follows:  Aye: Kearney, Clouse, Buschkoetter, Hadley.  Nay: None.  Blankenship absent. Motion carried.

 

                                                                        DON KEARNEY

                                                                        VICE-PRESIDENT OF THE COUNCIL

                                                                        AND EX-OFFICIO MAYOR

ATTEST:

 

MICHAELLE E. TREMBLY

CITY CLERK