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Kearney, Nebraska

October 12, 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 October 12, 2004, in the Council Chambers at City Hall.  Present were:  Bruce L. Blankenship, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Stan Clouse, Galen Hadley, Don Kearney.  Absent: None.  G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present.  Some of the citizens present in the audience included: Robert Swanson, Norma Swanson, Joe Lewis, Susan Slater, Betty Rickard, Byron Hanson, Mitch Humphrey, Paul Brungardt, Alex Gangwish, John Gardner, George Volz, Denny Houska, Jim Gardner, Michelle Kay, Jeff Kosoff, Will Prusia, Brad Hennick, Dave Mead, Alan Roesler, 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

 

Reverend Matt Robinson from First Presbyterian Church provided the Invocation.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Matt Hanson and Dan Hanson 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

 

DOME LOUNGE CATERING LICENSE

 

Moved by Kearney seconded by Hadley to remove from the table the application for a Catering License submitted by BAR D, LLC dba “Dome Lounge” in connection with their Class “C39227” Liquor License located at 2321 Avenue K and to consider approval of Resolution No. 2004-174.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Kearney, Buschkoetter.  Nay: None.  Clouse absent. Motion carried.

 

There was no representation from the Dome Lounge to present this matter. City Clerk stated that they currently hold a Class C liquor license and they are merely requesting to have a catering license as well. They will still have to obtain approval whenever they cater off the premises.

 

Council member Kearney stated that it is important to have representation present.

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Hadley to close the hearing and approve the application for a Catering License submitted by BAR D, LLC dba “Dome Lounge” in connection with their Class “C-39227” Liquor License located at 2321 Avenue K and approve Resolution No. 2004-174.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley.  Nay: Kearney.  Clouse absent. Motion carried.

 

RESOLUTION NO. 2004-174

 

            WHEREAS, BAR D, LLC, dba “Dome Lounge” has filed with the City Clerk of the City of Kearney, Nebraska, an application for a Catering License in connection with their Class “C-39227” Liquor License and doing business at 2321 Avenue K, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, a hearing was previously scheduled for September 28, 2004 but no representation was present and a hearing was held relating to said application on October 12, 2004.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Catering License to BAR D, LLC, dba “Dome Lounge” in connection with their Class “C-39227” Liquor License located at 2321 Avenue K.

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

            PASSED AND APPROVED THIS 12TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

KEARNEY EVENT CENTER LIQUOR LICENSE

 

Mayor Blankenship opened the public hearing on the application for a Class “C” (Beer, Wine and Distilled Spirits – On and Off Sale) Liquor License submitted by COMPASS OF KEARNEY LLC, dba “Kearney Event Center” located at 609 Platte Road, the application for Corporate Manager for Michelle Kay, and to consider approval of Resolution No. 2004-188.

 

Michelle Kay, 3402 Avenue I, and Jeff Kosoff, manager of the Event Center, presented this matter to the Council. Council member Buschkoetter asked if any policies have changed from those of the arena relative to the liquor license?  Ms. Kay responded they have a wristband policy and will have a two-drink maximum, which have been in place.  The change they made was to move the liquor from the concession stands to places on the opposite ends to help control the sale of alcohol.  Mr. Kosoff stated that they will also stop the sale of alcohol earlier than in the past.  At hockey games specifically, they will stop sales a few minutes into the third period in addition to events where the majority of the crowd is underage.  Corporately, they take their alcohol sale responsibility very seriously. They have this type of facility all over the country and it is important to them to maintain the best and tightest controls possible. 

 

There was no one present in opposition to this hearing.

 

Moved by Galen Hadley seconded by Randy Bushkoetter to close the hearing and approve the application for a Class “C” Liquor License submitted by COMPASS OF KEARNEY LLC, dba “Kearney Event Center” located at 609 Platte Road, the application for Corporate Manager for Michelle Kay, and approve Resolution No. 2004-188.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None.  Clouse absent. Motion carried.

 

RESOLUTION NO. 2004-188

 

            WHEREAS, COMPASS OF KEARNEY LLC, dba “Kearney Event Center” has filed with the City Clerk of the City of Kearney, Nebraska, an application for a Class “C” Liquor License doing business at 609 Platte Road, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

            WHEREAS, a hearing was held relating to said application on October 12, 2004.

            NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska recommend approval to the Nebraska Liquor Control Commission of the issuance of a Class “C” Liquor License to COMPASS OF KEARNEY LLC, dba “Kearney Event Center” located at 609 Platte Road.

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

            PASSED AND APPROVED THIS 12TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONE EXTENDING LANDON STREET EAST AND SOUTH OF LANDON STREET WHEN EXTENDED

 

Public Hearings 3, 4, and 5 were discussed together but voted on separately.

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Eulah M. and Alexander Gangwish (Owner) to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of Government Lot 2 and Government Lot 3 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 2.70 acres, more or less, Buffalo County, Nebraska (extending Landon Street east and south of Landon Street when extended). Planning Commission recommended approval.

 

Eulah and Alexander Gangwish are requesting approval for a subdivision located east of the current terminus of Landon Street and south of Landon Street extended east.  The project requires rezoning, vacation, annexation and subdivision platting.

 

Rezoning

The applicant is requesting rezoning from Agricultural District to District M-1, Limited Industrial District for 2.70 acres of the 5.46-acre total.  The balance of the land at 2.76-acres is already zoned M-1.  The requested rezoning would make the zoning and land use consistent in this area.  The majority of the surrounding land is also zoned M-1 or Ag.  The City anticipates future light industrial uses in this area.

 

Vacation

Lot 1, Lowenberg Subdivision was previously platted as an easement to provide access to this area.  The applicant proposes to vacate this lot and dedicate it as Landon Street.

 

Annexation

With the extension and platting of Landon Street this subdivision is contiguous to the corporate limits and therefore should be annexed and included in the corporate boundary of the City of Kearney.

 

Subdivision Plats

The Preliminary Plat and Final Plat consist of a four-lot subdivision on 5.46 acres to be known as Gangwish Addition.  The Preliminary Plat was approved by Planning Commission on September 17, 2004.  The lots are fairly narrow, but deep, about 100 feet x 360 to 410 feet.  A Subdivision Agreement has been prepared to protect the rights of the Owner and the City of Kearney.  The agreement states that paving is not required at this time, but when water, sewer and paving districts are created in the future, Owner agrees not to protest the districts.  Owner further agrees to connect to the existing sanitary sewer at the south terminus of Avenue D as constructed in Sixth Street Addition.  This sewer is deep enough to use Environment One grinder pumps and small diameter force main piping to serve the property.  Septic tanks will not be allowed.  The Utilities Department must approve the grinder pump equipment, system requirements and installation plans prior to installation.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. This project will accomplish four things:  zoning for an anchor tract of land, a simple vacation of small strip of land that is presently used as an easement, (known as Lot 1 of Lowenberg Subdivision), an agreement for annexation for final plat approval on four lots, with a portion of the 5.46 acres being dedicated as an extension of Landon Street, and a subdivision agreement that was prepared by the City that the applicants have signed and is ready for signatures for filing with the final plat.   

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Eulah M. and Alexander Gangwish (Owner) to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of Government Lot 2 and Government Lot 3 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 2.70 acres, more or less, Buffalo County, Nebraska (extending Landon Street east and south of Landon Street when extended).  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney.  Nay: None.  Clouse absent.  Motion carried.

 

INCLUSION WITHIN CITY BOUNDARIES OF GANGWISH ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Eulah M. and Alexander Gangwish (Owner) for the inclusion of “GANGWISH ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land described as being part of Lot 1, Lowenburg Subdivision, a subdivision being part of Government Lot 2 in Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska AND a tract of land being part of Government Lot 2 and Government Lot 3 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 5.46 acres, more or less, Buffalo County, Nebraska (extending Landon Street east and south of Landon Street when extended) and to consider approval of Resolution No. 2004-189. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Kearney to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Eulah M. and Alexander Gangwish (Owner) for the inclusion of “GANGWISH ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land described as being part of Lot 1, Lowenburg Subdivision, a subdivision being part of Government Lot 2 in Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska AND a tract of land being part of Government Lot 2 and Government Lot 3 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 5.46 acres, more or less, Buffalo County, Nebraska (extending Landon Street east and south of Landon Street when extended) and approve Resolution No. 2004-189.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Kearney, Buschkoetter.  Nay: None.  Clouse absent.  Motion carried.

 

RESOLUTION NO. 2004-189

 

            WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for Eulah M. and Alexander Gangwish (Owner) for the inclusion of “GANGWISH ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of Lot 1 (now vacated), Lowenberg Subdivision, a subdivision being part of Government Lot 2 in Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and a tract of land being part of Government Lot 2 and Government Lot 3 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, all more particularly described as follows: Beginning at the northwest corner of Lot 4, Lowenberg Subdivision, a subdivision being part of Government Lot 2 in Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, and assuming the north line of Lot 4 and the north line of Lot 2 in said Lowenberg Subdivision as bearing east all bearings contained herein are relative thereto; thence east on the north line of said Lot 4 and the north line of said Lot 2 a distance of 320.29 feet to the northeast corner of said Lot 2; thence S00°43’49”E and on the east line of said Lowenberg Subdivision a distance of 297.0 feet to a point on the existing high bank of the North Channel of the Platte River, said point also being the southeast corner of Lot 3 in said Lowenberg Subdivision; thence leaving said north high bank and the east line of said Lowenberg Subdivision S33°11’14”W a distance of 33.72 feet to a point on the centerline of the North Channel of the Platte River; thence S56°48’46”E and downstream on the centerline of the North Channel of the Platte River a distance of 185.69 feet; thence N73°53’29”E and continuing downstream on the centerline of the North Channel of the Platte River, a distance of 177.47 feet; thence N81°40’40”E and continuing downstream on the centerline of the North Channel of the Platte River a distance of 116.42 feet; thence N85°52’43”E and continuing downstream on the centerline of the North Channel of the Platte River a distance of 69.21 feet; thence leaving said centerline of the North Channel of the Platte River, north a distance of 43.19 feet to a point on the existing north high bank of the North Channel of the Platte River; thence leaving said north high bank, north a distance of 372.87 feet; thence west a distance of 816.55 feet to the southeast corner of Lot 1, Riverside Addition to the City of Kearney, Buffalo County, Nebraska; thence S00°51’20”E a distance of 60.0 feet to the place of beginning, containing 5.46 acres, more or less, all located in Buffalo County, Nebraska (extending Landon Street east and south of Landon Street when extended); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on September 17, 2004 on the inclusion of “GANGWISH ADDITION” within the corporate limits and recommended the Kearney City Council approve said application; and

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

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on October 12, 2004 who deemed the said addition to be included within the corporate limits to be advantageous to and in the best interests of the City.

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

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

            PASSED AND APPROVED THIS 12TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

FINAL PLAT – GANGWISH ADDITION

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Eulah M. and Alexander Gangwish (Owner) for Final Plat approval and the Subdivision Agreement for “GANGWISH ADDITION”, said property described as a tract of land described as being part of Lot 1, Lowenburg Subdivision, a subdivision being part of Government Lot 2 in Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska AND a tract of land being part of Government Lot 2 and Government Lot 3 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 5.46 acres, more or less, Buffalo County, Nebraska (extending Landon Street east and south of Landon Street when extended) and to consider approval of Resolution No. 2004-190. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Hadley to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Eulah M. and Alexander Gangwish (Owner) for Final Plat approval and the Subdivision Agreement for “GANGWISH ADDITION”, said property described as a tract of land described as being part of Lot 1, Lowenburg Subdivision, a subdivision being part of Government Lot 2 in Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska AND a tract of land being part of Government Lot 2 and Government Lot 3 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 5.46 acres, more or less, Buffalo County, Nebraska (extending Landon Street east and south of Landon Street when extended) and approve Resolution No. 2004-190.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None.  Clouse absent.  Motion carried.

 

RESOLUTION NO. 2004-190

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “GANGWISH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

            BE IT FURTHER RESOLVED that the Subdivision Agreement, marked as Exhibit “A” attached hereto and made a part hereof by reference, be and is hereby approved and that the President of the Council be and is hereby authorized and directed to execute said agreement on behalf of the City of Kearney, Nebraska. Said Subdivision Agreement shall be filed with the final plat with the Buffalo County Register of Deeds.

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

            PASSED AND APPROVED THIS 12TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONE 215 AND 219 WEST 31ST STREET

 

Mayor Blankenship opened the public hearing on the Application submitted by Nebraska National Bank (Applicant and Owner) and Paul Brodine (Owner) to rezone from “District R-2, Urban Residential Mixed-Density District” to “District UC, Mixed Use Urban Corridor District” property described as Lots 8 and 9 of Block 14, Perkins and Harford’s Addition to the City of Kearney, Buffalo County, Nebraska (215 and 219 West 31st Street). Planning Commission recommended approval.

 

Nebraska National Bank is requesting rezoning of the two lots west of the existing bank property – Lots 8 and 9 of Block 14, Perkins and Harford’s Addition.  The rezoning request is from District R-2 to District UC, Mixed-Use Urban Corridor.  This rezoning request is in conformance with the Land Use Map of the City of Kearney Comprehensive Development Plan.  “Urban Corridor” land use extends west from 2nd Avenue for a depth of three lots to 3rd Avenue in this area of the City.  Nebraska National Bank intends to acquire and rezone the last remaining lot that abuts 3rd Avenue in the future.

 

The purpose of this rezoning request is for expansion of the Nebraska National Bank property.  A building addition and additional parking are proposed.  The existing residential dwellings will be removed from the two lots.

 

Brad Hennick, Vice President Nebraska National Bank, was present to answer any questions from the Council members.

 

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 Nebraska National Bank (Applicant and Owner) and Paul Brodine (Owner) to rezone from “District R-2, Urban Residential Mixed-Density District” to “District UC, Mixed Use Urban Corridor District” property described as Lots 8 and 9 of Block 14, Perkins and Harford’s Addition to the City of Kearney, Buffalo County, Nebraska (215 and 219 West 31st Street).  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None.  Clouse absent.  Motion carried.

 

REZONE SOUTH PART OF 1311 AVENUE M

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for Susan Slater (Owner) to rezone from “District M-1, Limited Industrial District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of Lot 1, Rainbow Acres Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 4.35 acres, more or less (south part of 1311 Avenue M). Planning Commission recommended approval.

 

Susan Slater is requesting rezoning of 4.35 acres more or less, at the south part of a subdivision known as Rainbow Acres Addition, 1311 Avenue M.  The rezoning request is from District M-1 to District R-1, Urban Single-Family District.  This rezoning request is in conformance with the Land Use Map of the City of Kearney Comprehensive Development Plan which shows this property as “Mixed Use 1.”  There is an existing residence and several outbuildings on the north part of this tract of land.

 

The purpose of this rezoning request is to prepare the property for an additional home site.  A Minor Subdivision will be used to split a lot from the balance of the property.  The zoning of the property must be amended since M-1 zoning does not allow new residential construction.  The north part of Rainbow Acres was previously zoned to R-1, and now the entire subdivision will be similarly zoned.  Connection to city services is required.  The driveway to the existing residence from Avenue M is aligned with 13th Street if, in the future, 13th Street is extended east.  Access from Avenue M to the existing residence and the proposed residence shall be by shared driveway, or in the future, if 13th Street is extended east, access from the proposed residence shall be from 13th Street.  No access from Avenue M will be allowed other than the existing driveway to minimize the number of curb cuts on the arterial street

 

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

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for Susan Slater (Owner) to rezone from “District M-1, Limited Industrial District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of Lot 1, Rainbow Acres Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 4.35 acres, more or less (south part of 1311 Avenue M).  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney.  Nay: None.  Clouse absent.  Motion carried.

 

GOOD SAMARITAN HOSPITAL – AMENDED DEVELOPMENT PLAN

 

Council member Hadley vacated his chair and abstained from discussion and voting on this matter for the reason he is the Chairman of the Board of Directors.

 

Mayor Blankenship opened the public hearing on the Application submitted by Good Samaritan Hospital (Applicant and Owner) for an Amended Planned District Development Plan Approval for site development for master campus plan on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as all of Blocks 1, 2 and 3, Good Samaritan 2nd Subdivision; all of Lots 4, 5, 7, 8, 9 and 12, Gillett’s Subdivision; all of Lots 3, 4, 9, 10, 23, 24, 25, 26, and 27, Cortlandt Place; Lot 3 except the north 20 feet and all of Lots 4, 5, 7, 8, 9, Bergt & Keiss Subdivision; the west 34.3 feet of the south 60 feet of Lot 567, the north 70 feet of Lot 566, and all of Lots 509, 560, 561, and 568, Southwest Quarter School Section Addition; all of Lots 13, 14, and the north 70 feet of Lots 16, 17, and 18, Cottage Place; all of Lots 5 and 6, Ragains Subdivision; all of Lot 16, the south 165 feet of Lot 25 and part of Lot 2, Northwest Quarter School Section Addition, all in the City of Kearney, Buffalo County, Nebraska (10 East 31st Street) and to consider approval of Resolution No. 2004-191. Planning Commission recommended approval.

 

Good Samaritan Hospital is requesting approval of revisions to Development Plans that were previously submitted and approved by Planning Commission and City Council for the recent expansion of the hospital campus.  Some revisions have occurred as the result of circumstances encountered during construction.  The originally approved Landscape Plan has been modified as well to reflect the “as-built” conditions that exist.  The property is zoned C-0/PD.

 

This is basically a “house keeping’ issue as the physical improvements are already completed on the site, and the plans need to be revised to reflect any modifications that occurred in the field.  This way the city offices will have accurate plans of the hospital expansion project.  The Good Samaritan Campus has grown to encompass about 49 acres.  Mr. Volz will review the changes on the amended plans that have occurred since the original Development Plans were approved.

 

John Gardner, 3315 20th Avenue, from Good Samaritan Hospital presented this matter to the Council. This is a clean up from the previous plan use development because they acquired some additional properties following their original approval.  These additions will increase their parking capacity and allow some modification in the shape of their Cancer Center.  Mr. Gardner stated this project is almost complete.

 

Denny Houska, 4203 19th Avenue, was not opposed to the amended development plans. He voiced a concern on the marking o the streets to allow for better traffic flow. Director of Public Works stated this should be completed in the near future.

 

There was no one present in opposition to this hearing.

 

Moved by Blankenship seconded by Kearney to close the hearing and approve the Application submitted by Good Samaritan Hospital (Applicant and Owner) for an Amended Planned District Development Plan Approval for site development for master campus plan on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as all of Blocks 1, 2 and 3, Good Samaritan 2nd Subdivision; all of Lots 4, 5, 7, 8, 9 and 12, Gillett’s Subdivision; all of Lots 3, 4, 9, 10, 23, 24, 25, 26, and 27, Cortlandt Place; Lot 3 except the north 20 feet and all of Lots 4, 5, 7, 8, 9, Bergt & Keiss Subdivision; the west 34.3 feet of the south 60 feet of Lot 567, the north 70 feet of Lot 566, and all of Lots 509, 560, 561, and 568, Southwest Quarter School Section Addition; all of Lots 13, 14, and the north 70 feet of Lots 16, 17, and 18, Cottage Place; all of Lots 5 and 6, Ragains Subdivision; all of Lot 16, the south 165 feet of Lot 25 and part of Lot 2, Northwest Quarter School Section Addition, all in the City of Kearney, Buffalo County, Nebraska (10 East 31st Street) and approve Resolution No. 2004-191.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter.  Nay: None.  Hadley abstaining. Clouse absent.  Motion carried.

 

RESOLUTION NO. 2004-191

 

            WHEREAS, on the 12th day of November, 2002 the City Council adopted Resolution No. 2002-263 approving the application submitted by Good Samaritan Hospital (Applicant and Owner) for Planned District Development Plan Approval for the expansion and reconstruction of hospital facilities on property zoned “District C-0/PD, Office District/Planned Development Overlay District” and located between 31st Street and 35th Street and 2nd Avenue and Avenue A; and

            WHEREAS, Good Samaritan Hospital (Applicant and Owner) has applied for Amended Planned District Development Plan Approval for site development for master campus plan on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as all of Blocks 1, 2 and 3, Good Samaritan 2nd Subdivision; all of Lots 4, 5, 7, 8, 9 and 12, Gillett’s Subdivision; all of Lots 3, 4, 9, 10, 23, 24, 25, 26, and 27, Cortlandt Place; Lot 3 except the north 20 feet and all of Lots 4, 5, 7, 8, 9, Bergt & Keiss Subdivision; the west 34.3 feet of the south 60 feet of Lot 567, the north 70 feet of Lot 566, and all of Lots 509, 560, 561, and 568, Southwest Quarter School Section Addition; all of Lots 13, 14, and the north 70 feet of Lots 16, 17, and 18, Cottage Place; all of Lots 5 and 6, Ragains Subdivision; all of Lot 16, the south 165 feet of Lot 25 and part of Lot 2, Northwest Quarter School Section Addition, all in the City of Kearney, Buffalo County, Nebraska (10 East 31st Street).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Good Samaritan Hospital (Applicant and Owner) for Amended Planned District Development Plan Approval for site development for master campus plan on property zoned “District C-0/PD, Office District/Planned Development Overlay District” and described above be approved.

            PASSED AND APPROVED THE 12TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

GOOD SAMARITAN HOSPITAL – MASTER SIGN PLAN

 

Council member Hadley vacated his chair and abstained from discussion and voting on this matter for the reason he is the Chairman of the Board of Directors.

 

Mayor Blankenship opened the public hearing on the Application submitted by Good Samaritan Hospital (Applicant and Owner) for Sign Master Plan Approval for the size, location and design of all signs on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as all of Blocks 1, 2 and 3, Good Samaritan 2nd Subdivision; all of Lots 4, 5, 7, 8, 9 and 12, Gillett’s Subdivision; all of Lots 3, 4, 9, 10, 23, 24, 25, 26, and 27, Cortlandt Place; Lot 3 except the north 20 feet and all of Lots 4, 5, 7, 8, 9, Bergt & Keiss Subdivision; the west 34.3 feet of the south 60 feet of Lot 567, the north 70 feet of Lot 566, and all of Lots 509, 560, 561, and 568, Southwest Quarter School Section Addition; all of Lots 13, 14, and the north 70 feet of Lots 16, 17, and 18, Cottage Place; all of Lots 5 and 6, Ragains Subdivision; all of Lot 16, the south 165 feet of Lot 25 and part of Lot 2, Northwest Quarter School Section Addition, all in the City of Kearney, Buffalo County, Nebraska (10 East 31st Street) and to consider approval of Resolution No. 2004-192. Planning Commission recommended approval noting that the location of all signs comply with the Sign Ordinances for sign placement along the street right-of-way and vision clearance.

 

Good Samaritan Hospital is requesting approval of a Master Plan for signage on the Good Samaritan Hospital campus.  With the recent expansion project the campus has grown to eight buildings and approximately 49 acres.  A consistent and coordinated system of signs is very important for patients and visitors finding their way through the campus.  On the other hand, too many signs can be confusing and detract from the nicely landscaped grounds surrounding the streets, drives and parking areas.

 

Planning Staff has requested Mr. Volz to put together an executive summary and justification study for the signage plan as well as dimensions that depict the overall size of each type of sign, and a Master Plan showing the location of each sign.  This information will supplement the information in your packets and will be available by Mr. Volz’s presentation at the City Council meeting.

 

The Planning Commission recommended approval of the signage master plan noting that the location of all signs shall comply with the Sign Ordinance Chapter of the Unified Land Development Ordinance for sign placement along the street right-of-way and vision clearance.

 

John Gardner from Good Samaritan Hospital presented this matter to the Council. They are willing to work with the City staff to make sure that placement is where it needs to be in order not to block visibility.  The design of the signs will not change; there will just be more of them.  He stated that discussion has already been started with City staff regarding placement. 

 

Mayor Blankenship stated one of the interesting things in the information packet was it shows a variety of routes to the various facilities.  Looking at the plan from an aerial view, there is definitely a need for signs to direct people around the campus.  Director of Public Works stated that this plan will comply with the sign ordinance regarding location; however, it will exceed the number of signs allowed by the ordinance because of the size of the campus.  This is the reason the plan had to go through Planning Commission and Council for approval.  Council member Buschkoetter commented that he believed the extra signs are required to direct the large amount of traffic expected in that area. 

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Buschkoetter to close the hearing and approve the Application submitted by Good Samaritan Hospital (Applicant and Owner) for Sign Master Plan Approval for the size, location and design of all signs on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as all of Blocks 1, 2 and 3, Good Samaritan 2nd Subdivision; all of Lots 4, 5, 7, 8, 9 and 12, Gillett’s Subdivision; all of Lots 3, 4, 9, 10, 23, 24, 25, 26, and 27, Cortlandt Place; Lot 3 except the north 20 feet and all of Lots 4, 5, 7, 8, 9, Bergt & Keiss Subdivision; the west 34.3 feet of the south 60 feet of Lot 567, the north 70 feet of Lot 566, and all of Lots 509, 560, 561, and 568, Southwest Quarter School Section Addition; all of Lots 13, 14, and the north 70 feet of Lots 16, 17, and 18, Cottage Place; all of Lots 5 and 6, Ragains Subdivision; all of Lot 16, the south 165 feet of Lot 25 and part of Lot 2, Northwest Quarter School Section Addition, all in the City of Kearney, Buffalo County, Nebraska (10 East 31st Street) and approve Resolution No. 2004-192 subject to compliance that the location of all signs shall comply with the Sign Ordinances for sign placement along the street right-of-way and vision clearance.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter.  Nay: None.  Hadley abstaining. Clouse absent.  Motion carried.

 

RESOLUTION NO. 2004-192

 

            WHEREAS, Good Samaritan Hospital (Applicant and Owner) has applied for Master Sign Plan Approval for the size, location and design of all signs on property zoned “District C-O/PD, Office District/Planned Development Overlay District” and described as all of Blocks 1, 2 and 3, Good Samaritan 2nd Subdivision; all of Lots 4, 5, 7, 8, 9 and 12, Gillett’s Subdivision; all of Lots 3, 4, 9, 10, 23, 24, 25, 26, and 27, Cortlandt Place; Lot 3 except the north 20 feet and all of Lots 4, 5, 7, 8, 9, Bergt & Keiss Subdivision; the west 34.3 feet of the south 60 feet of Lot 567, the north 70 feet of Lot 566, and all of Lots 509, 560, 561, and 568, Southwest Quarter School Section Addition; all of Lots 13, 14, and the north 70 feet of Lots 16, 17, and 18, Cottage Place; all of Lots 5 and 6, Ragains Subdivision; all of Lot 16, the south 165 feet of Lot 25 and part of Lot 2, Northwest Quarter School Section Addition, all in the City of Kearney, Buffalo County, Nebraska (10 East 31st Street).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Good Samaritan Hospital (Applicant and Owner) for Master Sign Plan Approval for the size, location and design of all signs on property zoned “District C-O, Office/Planned Development Overlay District” and described as all of Blocks 1, 2 and 3, Good Samaritan 2nd Subdivision; all of Lots 4, 5, 7, 8, 9 and 12, Gillett’s Subdivision; all of Lots 3, 4, 9, 10, 23, 24, 25, 26, and 27, Cortlandt Place; Lot 3 except the north 20 feet and all of Lots 4, 5, 7, 8, 9, Bergt & Keiss Subdivision; the west 34.3 feet of the south 60 feet of Lot 567, the north 70 feet of Lot 566, and all of Lots 509, 560, 561, and 568, Southwest Quarter School Section Addition; all of Lots 13, 14, and the north 70 feet of Lots 16, 17, and 18, Cottage Place; all of Lots 5 and 6, Ragains Subdivision; all of Lot 16, the south 165 feet of Lot 25 and part of Lot 2, Northwest Quarter School Section Addition, all in the City of Kearney, Buffalo County, Nebraska (10 East 31st Street) be approved subject to compliance that the location of all signs shall comply with the Sign Ordinances for sign placement along the street right-of-way and vision clearance.

PASSED AND APPROVED THE 12TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

REZONING – SOUTH OF 15TH STREET AND NORTH OF 14TH STREET BETWEEN AVENUE I AND AVENUE K

 

Public Hearings 10 and 11 were discussed together but voted on separately.

 

Mayor Blankenship opened the public hearing on the Application submitted by Mitch Humphrey (Applicant) for William and Helen H. Kinkaid (Owner) to rezone from “District R-1, Urban Residential Single-Family District (Low Density)” to “District R-2/PD, Urban Residential Mixed-Density District/Planned Development Overlay District” property described as Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with the vacated south 7 feet of 15th Street, together with the vacated north 7 feet of 14th Street, together with the vacated west 7 feet of Avenue K, and together with the vacated east 7 feet of Avenue I (south of 15th Street and north of 14th Street between Avenue I and Avenue K). Planning Commission recommended approval.

 

Mitch Humphrey representing the applicants is requesting approval for another phase of residential duplexes located between Avenue I and Avenue K and between 14th Street and 15th Street. This project is another Planned Development by Bob Swanson featuring ten duplex buildings and two single-family buildings.  All residences are on one common parcel under condominium ownership.  You will recall Phase 1 from a few months ago located next to Hammer Park.  The project requires street vacation, rezoning, and Development Plan approval.

 

Vacation

The east seven feet of Avenue I from the north line to the south line of vacated 15th Street is being requested for vacation.  Seven feet of Avenue I was previously vacated to the north of this site and all of Avenue I has been vacated to the south.  The proposed vacation will add more land area for the development of the project.

 

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 retired age persons age 55 and older if the plans are approved.

 

Development Plans

The Development Plan for this project shows 12 buildings on roughly 2.12 acres.  There are two single-family homes proposed along with 10 duplex buildings for a total of 22 living units.  The site layout and the buildings are based on the same approach as Phase 1 of the project.  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.  The buildings will be manufactured by Wardcraft Homes, Inc.  Architectural elevations are the same as in Phase 1.  The buildings are grouped around a central courtyard that will provide a greenspace area for the residents.  All maintenance of the exterior of the units, grass cutting, moving snow, etc. will be taken care of through the condominium association. 

 

As in Phase 1, staff believes the site is too densely developed.  Some of the Planning Commissioners agreed.  In many cases the neighbors will be the best judge of the density issue.  The neighbors were very receptive to Phase 1 so we can only assume that more of the same will draw the same reaction of approval.  It is their neighborhood and if they are comfortable with the density, so be it.  A precedent has been set with Phase 1.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. This site is located westerly and southerly of a site that was brought before the Council a few months ago. This is the second phase of this four phase project.  Bob and Norma Swanson have shown a great deal of passion for this project and have worked very hard to make the neighbors happy with this, and are all in agreement at this time.   

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey (Applicant) for William and Helen H. Kinkaid (Owner) to rezone from “District R-1, Urban Residential Single-Family District (Low Density)” to “District R-2/PD, Urban Residential Mixed-Density District/ Planned Development Overlay District” property described as Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with the vacated south 7 feet of 15th Street, together with the vacated north 7 feet of 14th Street, together with the vacated west 7 feet of Avenue K, and together with the vacated east 7 feet of Avenue I (south of 15th Street and north of 14th Street between Avenue I and Avenue K).  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None. Clouse absent.  Motion carried.

 

DEVELOPMENT PLAN APPROVAL – SOUTH OF 15TH STREET AND NORTH OF 14TH STREET BETWEEN AVENUE I AND AVENUE K

 

Mayor Blankenship opened the public hearing on the Application submitted by Bob and Norma Swanson, dba Kearney Custom Design, Inc. (Applicant) for William and Helen H. Kinkaid (Owner) for Planned District Development Plan Approval for the construction of a retirement complex on property to be zoned “District R-2/PD, Urban Residential Mixed-Density District/Planned Development Overlay District” property described as Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with the vacated south 7 feet of 15th Street, together with the vacated north 7 feet of 14th Street, together with the vacated west 7 feet of Avenue K, and together with the vacated east 7 feet of Avenue I (south of 15th Street and north of 14th Street between Avenue I and Avenue K) and to consider approval of Resolution No. 2004-193. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Blankenship to close the hearing and approve the Application submitted by Bob and Norma Swanson, dba Kearney Custom Design, Inc. (Applicant) for William and Helen H. Kinkaid (Owner) for Planned District Development Plan Approval for the construction of a retirement complex on property to be zoned “District R-2/PD, Urban Residential Mixed-Density District/Planned Development Overlay District” property described as Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with the vacated south 7 feet of 15th Street, together with the vacated north 7 feet of 14th Street, together with the vacated west 7 feet of Avenue K, and together with the vacated east 7 feet of Avenue I (south of 15th Street and north of 14th Street between Avenue I and Avenue K) and approve Resolution No. 2004-193.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney.  Nay: None. Clouse absent.  Motion carried.

 

RESOLUTION NO. 2004-193

 

            WHEREAS, Bob and Norma Swanson, dba Kearney Custom Design, Inc. (Applicant) for William and Helen H. Kinkaid (Owner) have applied for Planned District Development Plan Approval for the construction of a retirement complex on property zoned “District R-2/PD, Urban Residential Mixed-Density District/Planned Development Overlay District” and described as Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with the vacated south 7 feet of 15th Street, together with the vacated north 7 feet of 14th Street, together with the vacated west 7 feet of Avenue K, and together with the vacated east 7 feet of Avenue I (south of 15th Street and north of 14th Street between Avenue I and Avenue K).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Bob and Norma Swanson, dba Kearney Custom Design, Inc. (Applicant) for William and Helen H. Kinkaid (Owner) for District Planned Development Plan Approval for the construction of a retirement complex on property zoned “District R-2/PD, Urban Residential Mixed-Density District/Planned Development Overlay District” and described as Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with the vacated south 7 feet of 15th Street, together with the vacated north 7 feet of 14th Street, together with the vacated west 7 feet of Avenue K, and together with the vacated east 7 feet of Avenue I (south of 15th Street and north of 14th Street between Avenue I and Avenue K) be approved.

PASSED AND APPROVED THE 12TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Blankenship seconded by Kearney that Subsections 1 through 9 of Consent Agenda Item IV be approved.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Kearney, Buschkoetter.  Nay: None. Clouse absent.  Motion carried.

 

1.         Approve Minutes of Regular Meeting held September 28, 2004.

 

2.         Approve the following Claims: Ace Irrigation $60.00 Rep; AFLAC $1,649.72 Ded; Alamar $220.00 Cla; Albert Whitman & Co $179.40 Bks; Alltel $2,221.25 Serv; AWWA $60.00 Tr; Amherst Public Schools $75.00 Serv; Anderson Bros $679.91 Rep; Artic Refrigeration $148.82 Rep; Axtell Community School $25.00 Serv; Baker & Taylor $1,212.42 Bks; Big Flag $30.00 Inv; Blevins, D $198.00 Serv; BlueCross BlueShield $12,399.44 Claims; Boersma, C $63.34 Reim; Books in Motion $6.00 Bks; Books on Tape $100.80 Bks; Brookings Municipal Utilities $20,000.00 Serv; Buffalo Co Register of Deeds $45.50 Serv; Buffalo Co Sheriff $96,562.50 Serv; Buffalo Co Treasurer $1,073.18 Taxes; Buffalo Co Court $514.83 Ded; Cash-Wa $89.64 Various; Central Comm College $180.00 Tr; Central Fire $3.00 Rep; CH2M Hill $1,896.68 Serv; CHAD $8.00 Ded; Charter $43.55 Serv; City of Ky $225,545.39 Various; Civic Plus $5,764.58 Serv; CLH $309.00 Serv; College Savings Plan of NE $65.00 Ded; Conseco Life Ins $38.00 Ded; Construction Rental $38.66 Rep; Copy Cat Printing $298.14 Su; Crocker Monogramming $24.00 Cla; Culligan $136.00 Various; Cummins Great Plains $18,782.00 Equip; D&M Security $54.00 Rep; Data Technology $2,332.00 Serv; Dawson Co PPD $4,279.82 Serv; Depository Trust $99,033.75 Int; Development Council $75,000.00 Serv; Diamond Vogel Paint $56.92 Rep; Double M Farms $2,000.00 Serv; Dutton Lainson $242.36 Inv; DYNIX $12,455.21 Serv; Eakes $8.39 Su; Ecolab $27.00 Inv; Eirich, T $50.00 Reim; Elliott Equipment $2,090.92 Various; Emblem Ent $173.28 Su; Enslow Publication $17.95 Bks; Enterprise Electric $375.95 Rep; Envirotech Services $29,547.60 Su; Farm Plan $96.28 Rep; Fearnley, M $224.60 Tr; Fox Bros $9,587.50 Serv; Freburg, N $184.62 Ded; Fremont Nat'l Bank $35,830.85 Ded; Frontier $577.27 Serv; Galls Inc $113.99 Su; Gangwish Turf $111.24 Su; Gary's I-80 $163.50 Inv; Gear for Sports $680.41 Inv; Great Plains One-Call $382.11 Serv; Grimes, S $216.20 Tr; H&G Cleaners $264.67 Serv; H&H Distributors $453.00 Su; Harrison, R $275.00 Tr; Heartland Transmission $607.00 Rep; Heggemeyer, L $20.00 Cla; Hinrichs, S $10.81 Reim; Holmes Plbg $1.01 Inv; IAEI $48.00 Dues; ICMA RC $3,145.78 Ded; Independence Care Underwriting $18,992.39 Prem; IRS $82,863.03 Ded; ISDN $185.40 Serv; Jack Lederman $384.37 Various; Johnson Service $1,214.25 Rep; KASWA $61,965.82 Tipping Fees; Ky Area Chamber of Commerce $32,890.97 Taxes; Ky Area United Way $598.36 Ded; Ky Clinic $798.00 Serv; Ky Conrete $9,273.62 Various; Ky Hub $80,050.26 Serv; Ky Winlectric $399.28 Lease; Kehl Tree Service $700.00 Rep; Kelly Supply $577.20 Equip; KHGI/KWNB TV $500.00 Serv; Kirkham Michael $17,106.88 Serv; Kirkwood, M $10.70 Tr; Koetters, J $10.70 Tr; Kooyman, R $205.50 Various; Lamp, Rynearson & Assoc $398.05 Serv; Lang, L $118.62 Tr; Laughlin, K $360.00 Ded; League of NE Municipalities $31,091.00 Various; Lewis, D $10.70 Tr; Lewis, N $224.60 Tr; Lynaugh, J $185.38 Tr; Magic Cleaning $600.00 Serv; Manary, M $10.70 Tr; Marshall Cavendish $68.27 Bks; Martinosky, M $50.00 Reim; Merlin Burgland Construction $4,000.00 Serv; Mid-State Units $1,590.00 Various; Midwest Turf $79.87 Rep; Milco Environmental Services $300.00 Serv; Miller & Associates $23,424.33 Serv; Mosbarger, B $200.00 Ins; Municipal Supply $1,505.89 Inv; NAPA $96.62 Rep; Nat'l League of Cities $1,529.00 Dues; Nat'l Paper Supply $125.13 Su; NCBO&I $120.00 Reg; NCS Equipment $97.70 Rep; NE Child Support $892.18 Ded; NE Dept of Revenue $23,393.81 Ded; NE Crane $270.00 Rep; NE DMV $15.00 Fees; NE Library Comm $115.00 Tr; NE Machinery $50,870.20 Equip; NE Salt & Grain $7,559.18 Su; NE Wine & Spirits $21.20 Su; NEland Distributors $450.00 Su; NeRPA $50.00 Dues; Northwestern $3,980.01 Serv; Officenet $203.42 Su; Olsen, C $2,083.78 Tr; Olson, L $23.00 Ref; Olsson Associates $13,033.07 Serv; Omaha World Herald $52.00 Bks; Paul Otto Curb Grinding $72.00 Serv; Paulsen $235,753.14 Serv; Payflex Systems $391.00 Ded; PEP $48.67 Rep; Platte Valley Comm $324.30 Serv; Platte Valley State Bank $25.00 Ded; Presto-X $90.00 Rep; Public Agency Training Council $275.00 Tr; Recorded Books $340.75 Bks; Recovery Systems $26.00 Su; Ross Engineering $9,301.90 Serv; Rourke Publications $1,710.90 Bks; SAFE Center $388.07 Reim; Safety-Kleen $218.20 Su; Salina Combat Hapkido $75.00 Tr; Schmidt, A $296.20 Tr; Senior Hospitality Center $6,337.00 Funding; Sign Center $186.38 Serv; Simmerman Electric $3,303.16 Rep; Sirchie Finger Print Lab $67.61 Serv; Solid Waste Agency $132.19 Tipping Fees; Solid Waste Equipment $2,885.75 Equip; Southeast Library System $70.00 Tr; St Fire Marshal Training $10.00 Fee; St of NE DAS Comm $27.16 Serv; Steffensmeier, J $412.63 Tr; Sterling Distributors $48.15 Su; Story, G $145.94 Tr; Tielke Ent $467.75 Su; Titleist $195.52 Su; Tool Doctor $9.90 Inv; Tractor Supply $2,299.99 Su; Trembly, M $135.13 Tr; UNICO $3,750.00 Prem; Union Oil $13,311.64 Inv; Unique Books $5,647.73 Bks; United Distillers $10.30 Su; Urkoski, S $30.00 Ref; Village Uniform $157.90 Cla; Washington State Support $102.01 Ded; We Care Tree Care $150.00 Serv; Wilke-Donovan's $41.68 Rep; Winfield Concrete Leveling $8,935.00 Rep; Xerox $445.89 Serv; Yellow Pages $307.65 Serv; Zimmerman $167.50 Serv; Zubrod, D $216.20 Tr; Payroll Ending 10-02-2004 -- $263,507.69.  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 D/K61563” Liquor License to dispense beer, wine and distilled spirits in the Kearney Event Center, 609 Platte Road, on November 5, 6, 2004 from 5:00 p.m. until 1:00 a.m.

 

4.         Approve the application for a Special Designated License submitted by STEVE & JONI PAULSEN, dba “Party Pros Catering” in connection with their Class D/K61563” Liquor License to dispense beer, wine and distilled spirits in the Kearney Event Center, 609 Platte Road, on November 12, 13, 2004 from 5:00 p.m. until 1:00 a.m.

 

5.         Approve the Developer Constructed Infrastructure Agreement for Lot 1 and part of Lot 2, Marianne Hunt Addition to the City of Kearney, Buffalo County, Nebraska between the City of Kearney and McElhinny Buildings, Inc. and approve Resolution No. 2004-194.

 

RESOLUTION NO. 2004-194

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Developer Constructed Infrastructure Agreement” for Lot 1 and part of Lot 2, Marianne Hunt Addition to the City of Kearney, Buffalo County, Nebraska be and is hereby accepted and approved. A copy of said Agreement marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and McElhinny Buildings, Inc., and the 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 12TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

6.         Approve the proposed amendments to the City of Kearney Personnel Manual and approve Resolution No. 2004-195.

 

RESOLUTION NO. 2004-195

 

            WHEREAS, the City of Kearney has adopted and employed a Personnel Manual since September 1, 1973, and has for several years prior to that time, maintained a cohesive personnel program including standard rules and regulations; and

            WHEREAS, on September 8, 1998, the City Council formally adopted the revised Personnel Manual of the City of Kearney as the embodiment of the City’s rules and regulations governing personnel matters, effective October 1, 1998; was amended by the City Council on January 12, 1999 by Resolution No. 99-14; amended on January 11, 2000 by Resolution No. 2000-14; amended on September 11, 2001 by Resolution No. 2001-186; and amended on January 27, 2004 by Resolution No. 2004-20; and

WHEREAS, the City Manager and administrative staff have recommended certain revisions and essential changes to the latest version of the Personnel Manual adopted on September 8, 1998 and implemented on October 1, 1998, as amended, a copy of the revisions, marked as Exhibit “A” is attached hereto and made a part hereof; and

            WHEREAS, the City Council having reviewed these recommended revisions and changes, finds them to be appropriate and necessary to the continued effective performance of duties by employees of the City.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the Personnel Manual adopted on September 8, 1998 and implemented on October 1, 1998, as amended, is hereby amended to include the revisions as shown on Exhibit “A”.

            BE IT FURTHER RESOLVED that the City Manager is hereby directed to implement the policies and provisions of the said Personnel Manual in the fairest and most constructive manner possible.

            PASSED AND APPROVED THIS 12TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

7.         Approve the Agreement between the City of Kearney and Tri-City BMX to allow the construction of a BMX facility on the west side of Meadowlark Park and approve Resolution No. 2004-196.

 

RESOLUTION NO. 2004-196

 

            BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the City Manager be and is hereby authorized and directed to execute the Agreement between the City of Kearney, Nebraska and Tri-City BMX, a copy of the Agreement, marked as Exhibit “A” is attached hereto and made a part hereof by reference.

            PASSED AND APPROVED THIS 12TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

8.         Approve Change Order No. 1 showing an increase in the amount of $11,752.00 and Change Order No. 2 showing an increase in the amount of $13,147.10 submitted by Paulsen, Inc. and approved by Ross Engineering in connection with the 2004 Part V Improvements – Bid B consisting of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet and approve Resolution No. 2004-197.

 

RESOLUTION NO. 2004-197

 

WHEREAS, Paulsen, Inc. has performed services in connection with the 2004 Part V Improvements – Bid B consisting of Paving Improvement District No. 2004-881 for 60th Street from 2nd Avenue to 1st Avenue, Paving Improvement District No. 2004-882A for 1st Avenue from 60th Street to 65th Street, Paving Improvement District No. 2004-883 for 65th Street from 2nd Avenue east a distance of 525 feet, and the City's engineer, Ross Engineering, have filed with the City Clerk Change Order No. 1 showing an increase in the amount of $11,752.00, and Change Order No. 2 showing an increase in the amount of $13,147.10 as shown on Exhibits “A” and “B” attached hereto and made a part hereof by reference.

 

Original Contract Sum

$458,425.70

     Change Order No. 1 (10-12-2004)

+  11,752.00

     Change Order No. 2 (10-12-2004)

+  13,147.10

 

 

Contract Sum To Date

$483,324.80

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order Nos. 1 and 2, as shown on Exhibits “A” and “B” be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 12TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

9.         Approve Change Order No. 2 showing an increase in the amount of $4,248.20, Application and Certificate for Payment No. 5 in the amount of $168,383.06 submitted by Blessing, LLC and approved by Miller & Associates in connection with the 2004 Part I Improvements, Phase II consisting of Paving Improvement District No. 2004-885 for 30th Avenue from Highway 30 north to 31st Street and approve Resolution No. 2004-198.

 

RESOLUTION NO. 2004-198

 

WHEREAS, Blessing, LLC has performed services in connection with the 2004 Part I Improvements Phase II consisting of Paving Improvement District No. 2004-885 for 30th Avenue from Highway 30 north to 31st Street, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 2 showing an increase in the amount of $4,248.20 as shown on Exhibit “A” attached hereto and made a part hereof by reference; and

WHEREAS, Blessing, LLC and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 5 in the amount of $168,383.06 as shown on Exhibit “B” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$1,099,325.50

            Change Order No. 1 (9-28-2004)

+         818.40

            Change Order No. 2 (10-12-2004)

+      4,248.20

Contract Sum To Date

1,104,392.10

Gross Amount Due

425,613.25

Retainage

42,561.33

Amount Due to Date

383,051.92

Less Previous Certificates for Payment

215,503.23

Current Payment Due

$168,383.06

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Change Order No. 2 as shown on Exhibit “A”, and Application and Certificate for Payment No. 5 as shown on Exhibit “B”, be and are hereby accepted and approved.

            PASSED AND APPROVED THIS 12TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

None.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7126 – REZONE LANDON STREET EAST AND SOUTH OF LANDON STREET WHEN EXTENDED

 

Council Member Kearney introduced Ordinance No. 7126, being Subsection 1 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District M-1, Limited Industrial District” property described as a tract of land being part of Government Lot 2 and Government Lot 3 and accretions located in Section 12, Township 8 North, Range 16 West of the 6th P.M., containing 2.70 acres, more or less, Buffalo County, Nebraska (extending Landon Street east and south of Landon Street when extended), 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.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None. Clouse 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. 7126 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None. Clouse absent.  Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 7126 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney.  Nay: None. Clouse absent.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7126 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. 7127 – VACATE PART OF LOWENBERG SUBDIVISION

 

Council Member Kearney introduced Ordinance No. 7127, being Subsection 2 of Agenda Item VI to vacate Lot 1, Lowenberg Subdivision, a subdivision being part of Government Lot 2 in Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (extending Landon Street east and south of Landon Street when extended), 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.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None. Clouse 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. 7127 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None. Clouse absent.  Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 7127 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney.  Nay: None. Clouse absent.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7127 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. 7128 – REZONING 215 AND 219 WEST 31ST STREET

 

Council Member Kearney introduced Ordinance No. 7128, being Subsection 3 of Agenda Item VI to rezone from “District R-2, Urban Residential Mixed-Density District” to “District UC, Mixed Use Urban Corridor District” property described as Lots 8 and 9 of Block 14, Perkins and Harford’s Addition to the City of Kearney, Buffalo County, Nebraska (215 and 219 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 Hadley seconded the motion to suspend the rules.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None. Clouse 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. 7128 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None. Clouse absent.  Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 7128 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney.  Nay: None. Clouse absent.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7128 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. 7129 – REZONE SOUTH PART OF 1311 AVENUE M

 

Council Member Kearney introduced Ordinance No. 7129, being Subsection 4 of Agenda Item VI to rezone from “District M-1, Limited Industrial District” to “District R-1, Urban Residential Single-Family District (Low Density)” property described as a tract of land being part of Lot 1, Rainbow Acres Addition, an addition to the City of Kearney, Buffalo County, Nebraska, containing 4.35 acres, more or less (south part of 1311 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.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None. Clouse 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. 7129 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None. Clouse absent.  Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 7129 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney.  Nay: None. Clouse absent.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7129 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. 7130 – VACATE PART OF AVENUE I

 

Council Member Kearney introduced Ordinance No. 7130, being Subsection 5 of Agenda Item VI to vacate the east 7 feet of Avenue I from the north line of vacated south 7 feet of 15th Street to the south line of the vacated north 7 feet of 14th Street as it abuts Lot 1616, 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.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None. Clouse 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. 7130 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None. Clouse absent.  Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 7130 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney.  Nay: None. Clouse absent.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7130 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. 7131 – REZONE SOUTH OF 15TH STREET AND NORTH OF 14TH STREET BETWEEN AVENUE I AND AVENUE K

 

Council Member Kearney introduced Ordinance No. 7131, being Subsection 6 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 District/Planned Development Overlay District” property described as Lot 1616, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska, together with the vacated south 7 feet of 15th Street, together with the vacated north 7 feet of 14th Street, together with the vacated west 7 feet of Avenue K, and together with the vacated east 7 feet of Avenue I (south of 15th Street and north of 14th Street between Avenue I and Avenue K), 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.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None. Clouse 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. 7131 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None. Clouse absent.  Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 7131 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney.  Nay: None. Clouse absent.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7131 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 – TALMADGE CENTER

 

Council member Kearney vacated his chair and abstained from discussion and voting on this matter for the reason he manages the Kearney State Bank.

 

Mayor Blankenship opened for discussion the application submitted by Mitch Humphrey (Applicant) for Kearney State Bank and Trust Company, Personal Representative of the Betty J. Connell Estate (Owner) for final plat approval of “TALMADGE CENTER” for a tract of land described as Government Lot 8 in the Southwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of Talmadge Street and Country Inn Suites) and to consider approval of Resolution No. 2004-199. Planning Commission recommended approval noting that the size of the bulb in the cul-de-sac be resolved by City staff and the applicant prior to being presented to Council and that the curb cuts on Talmadge Street be addressed at the time of development.

 

Mitch Humphrey representing the applicant is requesting approval of a three-lot subdivision located on the south side of Talmadge Street next to the NPPD substation.  The land area of the subdivision is 4.61 acres and it is zoned IC-MU, Commercial A.  There is an existing metal building on the property that will be removed.

 

The Preliminary Plat and Final Plat of Talmadge Center consist of three lots, two with frontage on Talmadge Street and one lot behind that takes access from a 370-foot long cul-de-sac named 1st Avenue Place.   The Preliminary Plat was approved by Planning Commission on September 17, 2004.  These lots will be developed for commercial purposes.  Curb cuts will be allowed on Talmadge Street and the lots can take access from the cul-de-sac as well.  The cul-de-sac is a public street.  Staff has concerns about the radius of the cul-de-sac bulb and whether it is large enough to accommodate the long wheel base emergency vehicles, such as fire trucks.  The Planning Commission discussed this issue and the design has been revised to a larger radius cul-de-sac.  A Public Works Plan has been provided.  The Planning Commission discussed the number of curb cuts and their location along Talmadge Street.  All required information is shown on the plat maps.  Further development of this site will require development review procedures under the IC-MU “point” evaluation system.

 

The Planning Commission recommended approval of the Final Plat for Talmadge Center noting that the size of the bulb in the cul-de-sac be resolved by city staff prior to the Council presentation (done) and that the curb cuts on Talmadge Street be addressed at the time the property develops.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. This tract is located on the northwestern fringes of the Interstate Corridor Mixed Use District which will eventually be reviewed by staff for the final plat. He believed what is interesting is that in a week’s time, the Planning Commission has on their Agenda to review the Interstate Corridor Mixed Use area to see if it is a zoning district that fits well within our City. This project might be a good test to see if it really works because there has only been one other project put before the City in that district. This site is located between 2nd Street and Central Avenue, south of Talmadge Street.  This plan consists of three lots. To the east and west of the cul-de-sac will be a lot and at the end there will be another lot.  Mr. Humphrey stated there is a planned commercial development in that area that should fit nicely into our City. 

 

Paul Brungardt, Brungardt Engineering, stated the revised cul-de-sac has been reviewed with Bruce Grupe, City Engineer.  The right-of-way is being expanded to a 65-foot right-of-way bulb.  They have maintained a 50-foot paved cul-de-sac with curb and gutter and added 40 foot return radiuses to allow for a semi-truck to turn around in the bulb.  This was the recommendation of the Planning Commission.  There will be a 4-foot sidewalk behind the curb that wraps completely around. Public works plan includes: sanitary to come off of Talmadge Street, storm water detention on site and collected into the existing storm sewer system of the City, pavement and water meeting City standards. 

 

Moved by Buschkoetter seconded by Blankenship to approve the application submitted by Mitch Humphrey (Applicant) for Kearney State Bank and Trust Company, Personal Representative of the Betty J. Connell Estate (Owner) for final plat approval of “TALMADGE CENTER” for a tract of land described as Government Lot 8 in the Southwest Quarter of Section 12, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of Talmadge Street and Country Inn Suites) and to approve Resolution No. 2004-199 subject to compliance that any curb cuts on Talmadge Street shall be addressed at the time the property is developed.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Buschkoetter.  Nay: None. Kearney abstaining. Clouse absent.   Motion carried.

 

RESOLUTION NO. 2004-199

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “TALMADGE CENTER”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved subject to compliance that any curb cuts on Talmadge Street shall be addressed at the time the property is developed, and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

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

            PASSED AND APPROVED THIS 12TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

FINAL PLAT – HEARTLAND ADDITION

 

Mayor Blankenship opened for discussion the application submitted by Mitch Humphrey (Applicant) for Delbert D. Bridge, Heartland Motor Sports (Owner) for final plat approval of “HEARTLAND ADDITION” for a tract of land located in the Southwest Quarter of the Southeast Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (2006 Highway 30 East) and to consider approval of Resolution No. 2004-200. Planning Commission recommended approval noting that the existing building is nonconforming and if it were destroyed, any new building would have to conform to the platted building setback.

 

Heartland Motor Sports is requesting approval of a one-lot subdivision located at 2006 East Highway 30.  The property is zoned M-1 and contains a business, Heartland ATV Center.  The owners would like to add an addition to the existing building.  This land has never been formally subdivided and filed with the Register of Deeds as a subdivision.  Therefore, the City is requiring a Preliminary and Final Plat for this property prior to issuance of Building Permits for the building addition/remodel.  The land area of the subdivision is 0.488 acres.

 

The Preliminary Plat and Final Plat of Heartland Addition consist of a one-lot subdivision. The Preliminary Plat was approved by Planning Commission on September 17, 2004.  All required information is shown on the plat maps.  No Subdivision Agreement or Public Works Plan is required.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. This is a one-lot subdivision, which was necessitated because the City Code requires previously unplatted property to be platted prior to the issuance of permits.  The building does sit within the required setback line.  If the building were ever destroyed, it would have to be rebuilt to conform according to code. 

 

Moved by Blankenship seconded by Kearney to approve the application submitted by Mitch Humphrey (Applicant) for Delbert D. Bridge, Heartland Motor Sports (Owner) for final plat approval of “HEARTLAND ADDITION” for a tract of land located in the Southwest Quarter of the Southeast Quarter of Section 31, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (2006 Highway 30 East) and approve Resolution No. 2004-200 subject to the notation that the existing building is nonconforming and if it were destroyed, any new building shall conform to the platted building setback.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None. Clouse absent.  Motion carried.

 

RESOLUTION NO. 2004-200

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “HEARTLAND ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified, and the same hereby is approved subject to the notation that the existing building is nonconforming and if it were destroyed, any new building shall conform to the platted building setback, and in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

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

            PASSED AND APPROVED THIS 12TH DAY OF OCTOBER, 2004.

 

ATTEST:                                                                       PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

CITY CLERK

 

ORDINANCE NO. 7132 – SELL PORTION OF “PARK” LAND

 

The property owners of 907 West 29th Street are interested in purchasing additional property that abuts the west side of their property to accumulate enough land for off-street parking.  There is a 77-foot by 50-foot parcel of land west of 907 West 29th Street that was previously dedicated to the City of Kearney as “parkland” when the area was originally platted.

 

City Administration advised the applicants that the City Public Works Department would like to retain ownership of some of this property on the west side in case there is a future turn lane on Hillcrest Drive requiring additional right-of-way.  Therefore, Administration directed the owners to obtain an appraisal for this parcel.  At 50-feet square, this parcel is too small to have any value as park land other than open space and landscaping.  The City has treated it as oversized street right-of-way for years.  City Administration is agreeable to selling the 50-foot by 50-foot property if the City Council authorizes the sale.  The appraised price of the 50-foot by 50-foot piece is $2,225.00.  The description is: a tract fifty feet by fifty feet abutting Lot 26, Hillcrest Addition, to the City of Kearney, Buffalo County, Nebraska.

 

Joe Lewis presented this matter to the Council. He wanted to purchase the 77’x50’ vacant lot which the City owns and is west of his property located at 907 West 29th Street.  The City was unwilling to sell the whole lot, but he requested to purchase a 50’x50’ portion of that lot so he could widen out his driveway to make more parking area.  Director of Public Works stated this lot was originally platted when they did the Hillcrest Drive Subdivision.  He was not certain if it was intended for an additional park land entryway into the subdivision, but it has been there since that area was platted.  The City has not used it for park ground and at one time had some utilities on it, but those have been relocated. 

 

Council Member Kearney introduced Ordinance No. 7132, being Subsection 9 of Agenda Item VI to sell a portion of a tract of land designated as “Park” lying south of Lot 26, Hillcrest Addition to the City of Kearney, Buffalo County, Nebraska to Joe and Christine Lewis and Samuel Lewis, 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.  President of the Council asked for discussion or if anyone in the audience was interested in the ordinance.  No one responded.  Clerk called the roll which resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None. Clouse 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. 7132 by number.  Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None. Clouse absent.  Motion carried.  Ordinance was read by number.

 

Moved by Hadley seconded by Buschkoetter that Ordinance No. 7132 be passed, approved and published as required by law.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney.  Nay: None. Clouse absent.  Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7132 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.

 

COTTONMILL PARK MARINA BUILDING PLAN AND SPECIFICATIONS

 

Mayor Blankenship opened for discussion the Plans and Specifications for the construction of the Cottonmill Park Marina Building and set the bid opening date for November 2, 2004 at 2:00 p.m.

 

Park Superintendent Alan Roesler presented this matter to the Council. A new ADA marina restroom building was funded in the 2003-04 budget. Due to construction delays with other park project delays, the City held this project until significant progress was accomplished on the other park projects.  Substantial progress has taken place on those projects over the last month and the City is now ready to bid the Cottonmill Marina Project.

 

Plans and specifications are completed for the Cottonmill Marina ADA restroom and we are requesting permission to bid the project.  Bid opening is scheduled for November 2, 2004 at 2:00 p.m.  The project has an anticipated completion date of May 6, 2005.

 

Alan Roesler stated this structure was budgeted for this year, but unforeseen circumstances prevented it from being put out for bid until now.  When the park was developed with the swimming area in the 1970’s there was an open air changing room at the marina, but no restrooms.  People began to use those changing rooms as restrooms and that became a sanitary problem so they were demolished.  The portable restrooms that have been in use were placed at that time. 

 

The new marina would include men and women’s restrooms, which would utilize the facilities that were previously used as the City’s well house.  There will be some outdoor showers and an area for boat rentals and concessions. There was approximately $155,000 budgeted for this project, which might seem high.  This project is unable to be tied to the City sewer system and will require a bigger septic tank and the waste will have to be pumped uphill to a new leach field which accounts for much of the cost.  The bid opening will be November 2, 2004. If the City receives some good bids, construction would begin in the spring to hopefully be completed and get some use out of it next summer.

 

Moved by Buschkoetter seconded by Blankenship to approve the Plans and Specifications for the construction of the Cottonmill Park Marina Building and set the bid opening date for November 2, 2004 at 2:00 p.m.  Roll call resulted as follows:  Aye: Blankenship, Hadley, Kearney, Buschkoetter.  Nay: None. Clouse absent.  Motion carried.

 

2004 PART IX IMPROVEMENTS PLANS AND SPECIFICATIONS

 

Mayor Blankenship opened for discussion the Plans and Specifications for the construction of the 2004 Part IX Improvements consisting of Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891 for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; Water District No. 2004-535 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; Sewer District No. 2004-478 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska and set the bid opening date for November 2, 2004 at 3:00 p.m.

 

Dave Mead from Miller & Associates presented this matter to the Council. As part of the 2004 Long Range Goals, Budget process, and the current One and Six Year Street Plan, the City Council approved the construction of the following public infrastructure: Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891 for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; Water District No. 2004-535 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; Sewer District No. 2004-478 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney.

 

The City is ready to advertise and receive bids for the construction of the 2004 Part IX Improvements.  The project includes the installation of sanitary sewer, water main, storm sewer and the paving of the roadways.  Attached is a letter from Miller & Associates requesting approval of the plans and specifications and to set the bid opening date for November 2, 2004 at 3:00 p.m.

 

The Engineer’s Opinion of Probable Construction Cost ranges between $50,000 and $200,000 for Bid A (Sewer and Water) and has a scheduled completion date of December 31, 2004.  The Engineer’s Opinion of Probable Construction Cost ranges between $100,000 and $300,000 for Bid B (Paving) and has a scheduled completion date of May 15, 2004.

 

Moved by Blankenship seconded by Kearney to approve the Plans and Specifications for the construction of the 2004 Part IX Improvements consisting of Paving Improvement District No. 2004-890 for 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac; Paving Improvement District No. 2004-891 for 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; Water District No. 2004-535 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska; Sewer District No. 2004-478 in 12th Avenue from a point 604± feet south of 11th Street south to its terminus in a cul-de-sac and in 8th Street from the west lot line of Lot 6, Block 3, east to the east lot line of Lot 6, Block 1, all in Park View Estates Second Addition to the City of Kearney, Buffalo County, Nebraska and set the bid opening date for November 2, 2004 at 3:00 p.m.  Roll call resulted as follows:  Aye: Blankenship, Kearney, Buschkoetter, Hadley.  Nay: None. Clouse absent.  Motion carried.

 

OPEN ACCOUNT CLAIMS         NPPD -- $4,319.47

                                                WARD LABORATORIES -- $51.00

 

Moved by Kearney seconded by Hadley that Open Account Claims in the amount of $4,319.47 payable to NPPD and to Ward Laboratories in the amount of $51.00 be allowed.  Roll call resulted as follows:  Aye: Kearney, Buschkoetter, Hadley.  Nay: None.  Blankenship abstained. Clouse absent.  Motion carried.

 

VII.    REPORTS

 

None.

 

VIII.    ADJOURN

 

Moved by Buschkoetter seconded by Blankenship that Council adjourn at 8:28 p.m.  Roll call resulted as follows:  Aye: Blankenship, Buschkoetter, Hadley, Kearney.  Nay: None. Clouse absent.  Motion carried.

 

                                                                                    BRUCE L. BLANKENSHIP

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. TREMBLY

CITY CLERK