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Kearney, Nebraska

June 14, 2005

7:00 p.m.

 

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on June 14, 2005, in the Council Chambers at City Hall.  Present were: Galen D. Hadley, President of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter, Don Kearney, Stan Clouse, and Bruce Lear. Absent: None.  Michael W. Morgan, City Manager; Michael Kelley, City Attorney; 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: Dennis Pace, George Volz, Tim Norwood, Joe Sobotka, Dick Schumaker, Crai Bennett, Paul Brungardt, Tim Crow, Kent Cordes, Doug Smith, Mike Konz from Kearney Hub, Paul Wice from KGFW Radio, Mike Cahill from KKPR Radio.

 

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

 

I.    ROUTINE  BUSINESS

 

INVOCATION

 

The Mayor and Council held a moment of silent prayer.

 

PLEDGE OF ALLEGIANCE

 

Boy Scouts Daniel Gibbs, Art Hansen, Alex Kolbo led the Council members and audience in the Pledge of Allegiance.

 

ORAL COMMUNICATIONS

 

There was no Oral Communications.

 

II.    UNFINISHED  BUSINESS

 

There was no Unfinished Business.

 

III.    PUBLIC  HEARINGS

 

REZONING – 16 AND 108 WEST 32ND STREET

 

Mayor Hadley vacated his chair and abstained from discussion and voting for the reason he is Chairman of the Board of Directors for the Hospital.

 

Vice-President Buschkoetter opened the public hearing on the Application submitted by Good Samaritan Hospital (Applicant and Owner) to rezone from “District R-1, Urban Residential Single-Family District (Low Density)” to “District C-0, Office District” property described as Lots 13 and 14, Cottage Place, an addition to the City of Kearney, Buffalo County, Nebraska (16 and 108 West 32nd Street). Planning Commission recommended approval.

 

With the recent expansion project at Good Samaritan Hospital, Planning Staff had requested a “campus planning” approach for the facility.  With multiple buildings and building additions, satellite parking lots and scattered property holdings the idea was to consolidate everything in the planning phases into an overall master plan.  Hospital administration presented a rezoning plan that covered all of the Good Samaritan property holdings and rezoned them to District C-0, Office District.  Since that time the hospital has moved forward with the expansion plan and two lots that were not included in the original master plan have been subsequently acquired by the hospital and are now part of the parking lot area.  The hospital administration simply seeks to rezone these two lots to C-0 and include them in the campus master plan.

 

This rezoning request can be considered a “housekeeping” issue since the construction has been completed and the two lots are already being used for hospital parking.

 

George Volz from Good Samaritan Hospital presented this matter to the Council. These are the two lots that they are going to put the retention cells under and then pave.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the Application submitted by Good Samaritan Hospital (Applicant and Owner) to rezone from “District R-1, Urban Residential Single-Family District (Low Density)” to “District C-0, Office District” property described as Lots 13 and 14, Cottage Place, an addition to the City of Kearney, Buffalo County, Nebraska (16 and 108 West 32nd Street). Roll call resulted as follows: Aye: Buschkoetter, Lear, Clouse, Kearney. Nay: None. Hadley abstaining. Motion carried.

 

REZONING – NORTH OF 56TH STREET AND 776.0± FEET EAST OF AVENUE E

 

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

 

Mayor Hadley opened the public hearing on the Application submitted by Tim Norwood (Applicant) for NP Land Development Inc. (Owner) to rezone from “District AG, Agricultural District” to “District C-0, Office District” property described as a tract of land being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 2.009 acres, more or less, Buffalo County, Nebraska (north of 56th Street and 776.0± feet east of Avenue E). Planning Commission recommended approval.

 

The applicant is requesting approval to rezone property and create a lot for commercial office development located on the north side of 56th Street approximately 776 feet east of Avenue E. The land is currently zoned agricultural and the applicant is requesting rezoning to District C-0, Office District.  This rezoning request is in conformance with the Future Land Use Map of the Comprehensive Development Plan which shows this property as Mixed Use 1.  Commercial office development is compatible with existing and proposed land uses in the area. This property is contiguous to the city limits and can be served with municipal services.  Therefore, this property should be annexed and included within the corporate limits of the City of Kearney.

 

The Preliminary Plat for this lot was previously approved in 2003.  The Final Plat will be known as Stoneridge Fourth Addition, a 2.009 acre single lot subdivision.  The owner wishes to mass grade this lot along with the larger lot to the west that is developing as PEDCOR apartments. Water and sewer is available in 56th Street.  Drainage will flow north into the proposed lake.  A Public Works Plan was submitted with the Preliminary Plat in 2003.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. He stated this is the next phase of the Stoneridge development which will be a small, non-retail commercial lot containing two acres. 

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and approve the Application submitted by Tim Norwood (Applicant) for NP Land Development Inc. (Owner) to rezone from “District AG, Agricultural District” to “District C-0, Office District” property described as a tract of land being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 2.009 acres, more or less, Buffalo County, Nebraska (north of 56th Street and 776.0± feet east of Avenue E). Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

INCLUSION TO CITY LIMITS – STONERIDGE FOURTH ADDITION

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Tim Norwood of NP Land Development Inc. (Owner) for the inclusion of “STONERIDGE FOURTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 2.009 acres, more or less, Buffalo County, Nebraska (north of 56th Street and 776.0± feet east of Avenue E) and to consider approval of Resolution No. 2005-82. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Tim Norwood of NP Land Development Inc. (Owner) for the inclusion of “STONERIDGE FOURTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 2.009 acres, more or less, Buffalo County, Nebraska (north of 56th Street and 776.0± feet east of Avenue E) and approve Resolution No. 2005-82. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-82

 

            WHEREAS, an Application has been submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Tim Norwood of NP Land Development Inc. (Owner) for the inclusion of “STONERIDGE FOURTH ADDITION” within the corporate boundaries of the City of Kearney said property described as a tract of land being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska more particularly described as follows: Referring to the southwest corner of the Southeast Quarter of Section 24 said point also being the southwest corner of Stoneridge Addition, an addition to the City of Kearney, Buffalo County, Nebraska, and assuming the south line of the Southeast Quarter of said Section 24 and the south line of said Stoneridge Addition as bearing N89°11’17”E and all bearings contained herein are relative thereto; thence N89°11’17”E and on the south line of the Southeast Quarter of said Section 24 and the south line of said Stoneridge Addition, a distance of 743.50 feet the ACTUAL PLACE OF BEGINNING, said place of beginning being the southeast corner of said Stoneridge Addition; thence continuing N89°11’17”E and on the south line of the Southeast Quarter of said Section 24 a distance of 250.0 feet; thence N00°48’43”W and parallel with the east line of said Stoneridge Addition, a distance of 350.0 feet; thence N89°11’17”W and parallel with the south line of the Southeast Quarter of said Section 24 a distance of 250.0 feet to a point on the east line of said Stoneridge Addition, thence S00°48’43”E and on the east line of said Stoneridge Addition, a distance of 350.0 feet to the place of beginning, containing 2.009 feet, more or less, of which 0.189 acres, more or less, are presently being used for road purposes on the south side, all in Buffalo County, Nebraska (between 50th Street and 52nd Street west of 2nd Avenue); and

WHEREAS, the Kearney City Planning Commission has received and held a public hearing on May 20, 2005 on the inclusion of “STONERIDGE FOURTH 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 “STONERIDGE FOURTH ADDITION” an addition to the City of Kearney, Buffalo County, Nebraska;

            WHEREAS, a public hearing was held by the Kearney City Council relating to said application on June 14, 2005 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 “STONERIDGE FOURTH 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 “STONERIDGE FOURTH 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 14TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

FINAL PLAT – STONERIDGE FOURTH ADDITION

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Tim Norwood of NP Land Development Inc. (Owner) for final plat approval for “STONERIDGE FOURTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 2.009 acres, more or less, Buffalo County, Nebraska (north of 56th Street and 776.0± feet east of Avenue E) and to consider approval of Resolution No. 2005-83. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Tim Norwood of NP Land Development Inc. (Owner) for final plat approval for “STONERIDGE FOURTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 2.009 acres, more or less, Buffalo County, Nebraska (north of 56th Street and 776.0± feet east of Avenue E) and approve Resolution No. 2005-83. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-83

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “STONERIDGE FOURTH 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 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 14TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

FINAL PLAT – GRANDVIEW ESTATES NINTH ADDITION

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for M. Timm Development (Owner) for final plat approval for “GRANDVIEW ESTATES NINTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska located in the South Half of the Southwest Quarter of Section 30, Township 9 North, Range 15 West of the 6th P.M., containing 7.45 acres, more or less, Buffalo County, Nebraska (north of 39th Street and west of Avenue R) and to consider approval of Resolution No. 2005-84. Planning Commission recommended approval subject to filing a cross-parking agreement with the Register of Deeds at the time the final plat is filed.

 

The applicant is requesting approval of vacation of one existing lot so that the lot can be re-subdivided into two lots for financing purposes.  This property was originally subdivided in 1992 and is zoned R-3/PD. The use of this property is multi-family residential.  Three apartment buildings have been constructed on the premises based on original approval of development plans in the past.  Five more apartment buildings and some associated garage buildings are proposed for construction. The vacation is necessary so that the property can be re-subdivided as Grandview Estates Ninth Addition.

 

The Preliminary and Final Subdivision Plats for this project consist of two lots.  The Preliminary Plat was approved by Planning Commission on May 20, 2005.  Lot 1 contains the existing apartment buildings while Lot 2 will contain the five proposed apartment buildings.  The lot line dividing the two lots is designed to accommodate the minimum 25-foot building setback.  A cross-parking agreement will be executed between the two lots so that access and parking will be fully shared.

 

Mitch Humphrey from Buffalo Surveying presented this matter to the Council. M. Timm development is also the builder of the apartment complex located on East 39th Street north of the Fairgrounds.  This request is to divide this into two lots in order to accommodate some issues that need to be resolved.  They will file a cross-parking agreement as stated.  Mr. Humphrey envisions the cross-parking being comparable to a mall setting.  Frequently, malls have multiple properties owned by several different owners and they have an agreement that allows patrons to drive from one property to another to park.  This would allow the tenants of one unit to use either lot one or two and have access to both lots.

 

Director of Public Works Rod Wiederspan stated that a development plan had been previously approved for multiple buildings on these two lots.  The access to them is a circle drive through the complex, which will allow the cross-parking and drive access easement.  There are already three buildings on lot one and there will be another five buildings built on lot two. 

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Kearney to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for M. Timm Development (Owner) for final plat approval for “GRANDVIEW ESTATES NINTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska located in the South Half of the Southwest Quarter of Section 30, Township 9 North, Range 15 West of the 6th P.M., containing 7.45 acres, more or less, Buffalo County, Nebraska (north of 39th Street and west of Avenue R) and approve Resolution No. 2005-84 subject to filing a cross-parking agreement with the Register of Deeds at the time the final plat is filed. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-84

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “GRANDVIEW ESTATES NINTH 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 filing of a cross-parking agreement with the Register of Deeds at the time the final plat is filed 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 14TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

FINAL PLAT – STONERIDGE FIFRTH ADDITION

 

Public Hearings 6 and 7 were discussed together but voted on separately.

 

Mayor Hadley opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates (Applicant) for NP Land Development Inc. (Owner) for final plat approval for “STONERIDGE FIFTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as Lot 1, Stoneridge Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) (north of 56th Street and east of Avenue E) and to consider approval of Resolution No. 2005-85. Planning Commission recommended approval.

 

The applicant is requesting approval to create two lots for financing purposes for development of a multi-family apartment complex north of 56th Street and east of Avenue E.  The property is zoned R-3/PD.  A total of 104 apartment units in eight buildings and an associated pool house structure will be constructed in two phases. Lot 1, Stoneridge Addition must be vacated so that the lot can be re-subdivided into two lots for financing purposes.  The new subdivision will be known as Stoneridge Fifth Addition.

 

The Preliminary Plat and Final Plat consist of two lots, one for each phase of the development project.  The Preliminary Plat was approved by the Planning Commission on May 20, 2005.  Lot 1 will accommodate Phase 1, which consists of 80 dwelling units in five buildings plus the pool house.  Lot 2 contains the final 24 units in two buildings.  A Public Woks Plan was submitted.  The 20-foot building setback line measured from the lot line that separates Building 8 from Building 3 should be 25 feet.  After consideration, the Planning Commission recommended a deviation to allow the 20-foot separation.

 

A complete Development Plan package has been submitted.  The project will be built in two phases of 80 and 24 units respectively.  The site is extensively landscaped as depicted on the Landscape Plans.  An overall Landscape Plan and individual Landscape Plans for each building have been submitted.  The building elevations are quite attractive with construction materials comprised of brick and vinyl siding.  The pool house has the character of a residential dwelling, which will help to blend into the character of the mixed-use neighborhood. 

 

The project takes access from 56th Street and in the future will have a second access from Avenue E once the street is extended north.  The timeframe for the extension of Avenue E is unknown at this time.  The City Engineer has requested that the median at the 56th Street entrance be extended further south approximately eight feet to better control turning movements, both inbound and outbound. 

 

The Fire Administrator has requested temporary all-weather access road in one of two configurations.  If the entire internal circulation loop road is built for both phases initially to provide access throughout the property, the temporary access road need only extend to the southernmost part of the internal road.  If the internal loop road is constructed in two phases, the temporary access road must provide connections at the north and south legs of the loop road. The temporary road should be at least 20 feet wide and constructed of compacted crushed concrete.  This access road will be located within the 33‑foot strip that is the east half of Avenue E right-of-way.  It can be gated from public use if the fire, police and life care paramedics have a key to it. 

 

During the Planning Commission hearing, the location of the emergency access road was discussed at length.  The Planning Commission prefers an access on 56th Street through Lot 2 of Stoneridge Addition, a corner lot reserved for future commercial development, instead of using half of the Avenue E right-of-way.  The developer will need to have an access easement from the Owner(s) of the commercial lot.   In this manner, adequate access and circulation are provided to the site for emergency response vehicles and the 56th Street access point for the commercial lot is established.

 

Craig Bennett from Miller & Associates presented this matter to the Council. They plan to take existing Lot 1 and replat it into two lots to accommodate phase one and phase two of this project.  This is more of an in-house item rather than just leaving it as one lot.  He presented the development plan.  There will be eight units with both phases including a clubhouse, pool, landscaping. There will be a detention cell in the middle of the property, which will have a permanent pool and amenities such as a fountain.  Planning Commission asked for another access to the site on a temporary basis for fire safety and to provide an ingress and egress on a daily basis. They have met with Mr. Norwood, owner of the adjacent property to these 10 acres, and agreed on a road off of 56th Street into his parcel which will go into this property until Avenue E is opened for traffic.  The traffic flow will allow this property to have a loop in and around the site and two accesses onto 56th Street until Avenue E is opened.

 

Council member Clouse asked for a description of phases one and two.  Mr. Bennett stated that Buildings 7 and 8 on the west would be in phase two.  They hope that Avenue E will be open at that time.  At the present time, they only have half of the right-of-way to Avenue E. The detention cell will be built entirely in phase one along with the clubhouse pool. Director of Public Works stated that the temporary access road will be a hard surface (asphalt or concrete).  Anything built on the public right-of-way will be 6-inch thick concrete.  The Pedcor development will be responsible for maintenance of the temporary access road.  Director of Public Works also explained that in other developments where there was not access in and out, they require a temporary/ emergency access road for fire department only.  In this case due to the amount of potential residents in this area, they determined it was necessary to have a hard surfaced second access rather than rock.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates (Applicant) for NP Land Development Inc. (Owner) for final plat approval for “STONERIDGE FIFTH ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land described as Lot 1, Stoneridge Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) (north of 56th Street and east of Avenue E) and approve Resolution No. 2005-85. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-85

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “STONERIDGE FIFTH 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 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 14TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

DEVELOPMENT PLAN APPROVAL FOR PEDCOR – NORTH OF 56TH STREET AND EAST OF AVENUE E

 

Mayor Hadley opened the public hearing on the Application submitted by Craig Bennett from Miller & Associates for Pedcor Investments, LLC (Applicant) and NP Land Development Inc. (Owner) for Planned District Development Plan Approval for the construction of a multi-family facility on property zoned “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District” and described as Lot 1, Stoneridge Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) (north of 56th Street and east of Avenue E) and to consider approval of Resolution No. 2005-86. Planning Commission recommended approval subject to the following provisions: (1) access to the site will be provided through Lot 2, Stoneridge Addition; (2) the access will meet emergency purposes as well as access to the development until such time as Avenue E is completed; (3) the access will be designed in such a way as to be agreeable to the owner, to the City and to the Developer; and (4) the setbacks between Buildings 3 and 8 be allowed to be 20 feet per building.

 

There was no one present in opposition to this hearing.

 

Moved by Clouse seconded by Lear to close the hearing and approve the Application submitted by Craig Bennett from Miller & Associates for Pedcor Investments, LLC (Applicant) and NP Land Development Inc. (Owner) for Planned District Development Plan Approval for the construction of a multi-family facility on property zoned “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District” and described as Lot 1, Stoneridge Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) (north of 56th Street and east of Avenue E) and approve Resolution No. 2005-86 subject to the following provisions: (1) access to the site will be provided through Lot 2, Stoneridge Addition; (2) the access will meet emergency purposes as well as access to the development until such time as Avenue E is completed; (3) the access will be designed in such a way as to be agreeable to the owner, to the City and to the Developer; and (4) the setbacks between Buildings 3 and 8 be allowed to be 20 feet per building. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-86

 

            WHEREAS, Craig Bennett from Miller & Associates for Pedcor Investments, LLC (Applicant) and NP Land Development Inc. (Owner) have applied for Planned District Development Plan Approval for the construction of a multi-family facility on property zoned “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/ Planned Development Overlay District” and described as Lot 1, Stoneridge Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) (north of 56th Street and east of Avenue E).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Craig Bennett from Miller & Associates for Pedcor Investments, LLC (Applicant) and NP Land Development Inc. (Owner) for District Planned Development Plan Approval for the construction of a multi-family facility on property zoned “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District” and described as Lot 1, Stoneridge Addition, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated) (north of 56th Street and east of Avenue E) be approved subject to compliance with the following provisions: (1) access to the site will be provided through Lot 2, Stoneridge Addition; (2) the access will meet emergency purposes as well as access to the development until such time as Avenue E is completed; (3) the access will be designed in such a way as to be agreeable to the Owner, to the City and to the Developer; and (4) the setbacks between Buildings 3 and 8 be allowed to be 20 feet per building.

PASSED AND APPROVED THE 14TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

DEVELOPMENT PLAN APPROVAL – 40TH STREET AND AVENUE R

 

Mayor Hadley opened the public hearing on the Application submitted by Paul Brungardt from Brungardt Engineering (Applicant) for Jeff Sikes and Casey Illian (Owners) for Planned District Development Plan Approval for the construction of mixed family development on property zoned “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District” and described as Lot 38, Block 2, Grandview Estates Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska (40th Street and Avenue R) and to consider approval of Resolution No. 2005-87. Planning Commission recommended approval subject to labeling the abutting streets for orientation purposes as Avenue R and 40th Street.

 

The applicant is requesting approval of Development Plans for development of a multi-family apartment complex at 40th Street and Avenue R.   The property is zoned R-3/PD.  A total of 24 apartment units in three buildings will be constructed.  This property was previously approved through the Development Plan process for 22 apartment units proposed by another developer.  The new plans reflect the addition of two additional dwelling units and a corresponding increase in parking to accommodate three bedroom units.

 

The applicant has submitted a complete Development Plan package. A Public Works Plan and a 200-foot Radius Map have been submitted.  72 parking spaces are required and 72 spaces are provided.  Landscaping is shown on the Site Plan.  The proposed building elevations and floor plans were previously provided.

 

Paul Brungardt from Brungardt Engineering presented this matter to the Council. This project was presented to Planning Commission and City Council about three years ago with a new developer.  This plan is the same layout; however, the major difference is that the previous developer only had two 8-plexes and one 6-plex.  This project will have three 8-plex units.  This project is located off Avenue R to the north of the Fairgrounds.  The sanitary sewer will run to Avenue R and water will also come off Avenue R.  The drainage will run over to the east and discharge into the drainage ditch on the west side of the railroad tracks.  There will be sufficient screening with pines between the 8-plexes and the residential lots to the north of this property. 

 

Council member Clouse asked if there is room for setbacks since this property is long and narrow.  Mr. Brungardt responded that there is enough room for setbacks both off the street and the abutment to the residential lots.

 

There was no one present in opposition to this hearing.

 

Moved by Lear seconded by Buschkoetter to close the hearing and approve the Application submitted by Paul Brungardt from Brungardt Engineering (Applicant) for Jeff Sikes and Casey Illian (Owners) for Planned District Development Plan Approval for the construction of mixed family development on property zoned “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District” and described as Lot 38, Block 2, Grandview Estates Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska (40th Street and Avenue R) and approve Resolution No. 2005-87 subject to labeling the abutting streets for orientation purposes as Avenue R and 40th Street. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-87

 

            WHEREAS, Paul Brungardt from Brungardt Engineering (Applicant) for Jeff Sikes and Casey Illian (Owners) have applied for Planned District Development Plan Approval for the construction of mixed family development on property zoned “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District” and described as Lot 38, Block 2, Grandview Estates Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska (40th Street and Avenue R).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Paul Brungardt from Brungardt Engineering (Applicant) for Jeff Sikes and Casey Illian (Owners) for District Planned Development Plan Approval for the construction of mixed family development on property zoned “District R-3/PD, Urban Residential Multi-Family District (Medium Density)/Planned Development Overlay District” and described as Lot 38, Block 2, Grandview Estates Third Addition, an addition to the City of Kearney, Buffalo County, Nebraska (40th Street and Avenue R) be approved subject to compliance that the labeling of the abutting streets for orientation purposes shall be Avenue R and 40th Street.

PASSED AND APPROVED THE 14TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

REZONING – WEST OF CHERRY AVENUE AND SOUTH OF 39TH STREET

 

Public Hearings 9, 10 and 11 were discussed together but voted on separately.

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Brent Henderson and Gary Henderson (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 the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 18.20 acres, more or less, Buffalo County, Nebraska; AND to “District C-3, General Commercial District” property described as a tract of land being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 21.18 acres, more or less, Buffalo County, Nebraska; AND to “District C-3/PD, General Commercial District/Planned Development Overlay District” property described as a tract of land being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 57.86 acres, more or less, Buffalo County, Nebraska (west of Cherry Avenue and south of 39th Street). Planning Commission recommended approval.

 

Planning Staff has been working with the Owners and Development Team on this project for the past two years.  This is a large, multi-phased project consisting of proposed commercial and industrial land uses on 97.24 acres.  The first phase includes a 117,000-square foot country supply store, a 6,000-square foot convenience store, a 6,300-square foot sit-down restaurant, and a truck wash.  The proposed Cherry Avenue overpass and bypass transects this property in a north-south direction.  Development of this project includes rezoning, subdivision plats, and approval of Development Plans for the initial phase.  Future development will include a large warehouse building, a propane tank farm and various commercial uses that will be built on the lots once the owner sells them.

 

Because the final layout of the proposed overpass/bypass route has not been approved by Nebraska Department of Roads (NDOR), there has been some uncertainty as to how the bypass and the subdivision might fit with one another.  New information has recently been received from the engineering firm that is designing the bypass.  This information indicates, to the best of their knowledge, the location of the bypass corridor and associated access roads.  The Developer has overlaid this information on the proposed subdivision plat for comparison purposes and some adjustments have been made in the subdivision layout to accommodate the required right-of-way.

 

The entire tract of land is currently zoned Agricultural.  The Developer is requesting three categories of rezoning, C-3, C-3/PD, and M-1.  The project proposes a mixture of commercial and industrial land uses, primarily commercial, that will be accommodated by the requested zoning categories.  Only 18.20 acres of the total project are slated for industrial development.  This area is located to the south-center portion of the overall tract so as not to be as visible from surrounding roadways.  The most visible portions of the development are located adjacent to the proposed bypass corridor and along 39th Street.  The Developer has agreed to proceed with “planned district” C-3/PD zoning in this area amounting to 57.86 acres of the 97.24 total acres.  A complete Development Plan package has been submitted to address all development aspects of the first phase of the project which are located within the planned development area.  The remaining 21.18 acres is proposed for C-3 zoning and is located towards the western edge of the property.  The Planning Staff has reviewed the proposed zone changes and believes that the application is consistent with the Future Land Use Map of the Comprehensive Development Plan and in context with surrounding existing zoning and land uses.   

 

The Preliminary and Final Plats for Country Depot Plaza subdivision contain 21 commercial lots and four industrial lots for a total of 25 lots.  The lots vary in size from 1.92 acres to 12.79 acres.  The Planning Commission approved the Preliminary Plat on May 20, 2005.

 

Access to 39th Street is limited to the public streets shown on the plats and access to the proposed Cherry Avenue bypass will be prohibited except at major intersecting streets every half mile.  All development lots are accessed internally.  The streets within the subdivision, including cul-de-sac bulbs, have been designed to accommodate tractor trailer truck maneuvering.  The Developer has adjusted the roadway layout to tie in with the truck access on the north end of the Eaton property.

 

As previously stated, some recent revisions have been made to the subdivision plats to accommodate the best known alignment of the future Cherry Avenue Bypass.  NDOR will require approximately 200 feet of width for the primary corridor.  Additional width may be required especially toward the south end of this tract of land.  Therefore, the Developer has agreed to depict a 200-foot width corridor on the final plat in the location desired by NDOR, said corridor reserved solely for future dedication as Cherry Avenue Bypass right-of-way.  A Subdivision Agreement will be prepared to set forth the rights and responsibilities of the city and the developer.  One part of this agreement will reference the 200-foot corridor and the city and the developer will agree to negotiate a reasonable price for the land contained in the corridor at pre-developed, agricultural use rates so that the City may purchase the land and reserve it for the NDOR project.  Any additional right-of-way required for the primary bypass corridor may also be purchased at the agreed upon price.  If negotiations fail and a reasonable price cannot be agreed upon, the Subdivision Agreement will be null and void.  Such additional right-of-way may include land in excess of the 200-foot width as well as any right-of-way required for access roads leading to and from the bypass corridor. 

 

The Final Plat depicts a 66-foot utility and future roadway easement leading from existing Cherry Avenue on the east side of the property in a westerly direction to intersect the bypass approximately 680 feet north of the south property line of the tract.  This 66-foot easement then continues to the west a short distance before curving to the south, and then continues south to the south property line of the tract, eventually to be extended all the way south to NE State Hwy. 30.  The alignment of this 66-foot easement has been taken from the location proposed by NDOR for an access road to connect to and from the primary bypass corridor.  In this manner, the City and the Developer can demonstrate diligence in meeting the future needs of NDOR for the bypass project. 

 

In summary, through the platting process and the associated Subdivision Agreement, the City and the developer are working together to:

  • Protect the future right-of-way for the primary bypass corridor and associated access roads in the exact location shown in the latest correspondence from NDOR engineers.
  • Protect against escalation of land values for the bypass right-of-way by negotiating a price based on current use – undeveloped Ag land.
  • Provide flexibility for the corridor right-of-way to increase or decrease as determined by final engineering by allowing additional right-of-way to be purchased at the agreed upon cost or by vacating unnecessary right-of-way shown on the plat with a future replat.

 

The Subdivision Agreement will also address annexation and public services.  Municipal water exists in 39th Street and can be extended to serve the development.  All interior streets will be paved by the developer under a Developer Constructed Infrastructure clause in the agreement.  There will be no cost to the developer for the Cherry Avenue Bypass itself, while construction costs of the access roads may be negotiated based on access issues.  In other words, if NDOR does not allow the Developer access to the bypass access road, then there will be no cost assessed to the Developer.  If NDOR does allow access, there may be costs assessed to the Developer.

 

The agreement will address the provisions for sanitary sewer and stormwater.  A large 30-inch trunk line is required to serve the future development area to the north.  This sewer will be located within the right-of-way of existing Cherry Avenue, extending from the existing lift station to the north approximately 1,415 feet.  A smaller 15-inch line will be connected to the trunk line and extended west to Cass Avenue in the aforementioned 66-foot utility and future roadway easement that corresponds to the preferred location for the bypass access road according to NDOR engineers.  Local 8-inch service lines will be installed throughout the subdivision to serve each lot and feed back to the 15-inch line.  The Developer has agreed to pay for the construction cost of the entire sewer upfront.  A connection district will be created for the 30-inch line and associated manholes and the City will repay the Developer for oversizing in a future budget year.  Any required modifications to the existing lift station are not included in the developer’s cost.  The 15 and 8-inch lines will be installed by the Developer under the provisions of Developer Constructed Infrastructure.  These terms and conditions will be set forth in the Subdivision Agreement.

 

Stormwater detention is required for each lot in this development.  Stormwater cells are shown on the Public Works Plan.  Seven separate cells are shown in conjunction with Phase 1 development.  Final design and computations for the stormwater detention must be submitted and approved by the City Engineer prior to issuance of any Building Permits.

 

A complete Development Plan package has been submitted for Phase 1 construction.  The initial phase consists of a retail country supply store, a restaurant, a convenience store, and a truck wash.  The retail store, restaurant and convenience store are located near the center of the site on the west side of the proposed bypass.  These buildings will have good visibility from 39th Street and the proposed bypass.  The truck wash is located towards the southwest corner of the site on a lot zoned for industry.

 

The retail site includes several outbuildings other than the main building.  There are four additional buildings for storage or sales of various items including wire, hay, lawn and garden and vehicle storage.  All the buildings are similar in architectural appearance and construction materials.  The more prominent commercial buildings are constructed with EFIS, decorative block and metal roofs.  The smaller outbuildings and industrial type buildings are metal panel with metal roofs.  In all cases, street facing facades feature a decorative block wainscot strip from the ground up to about four feet.  The large retail building features pilasters along the longer wall expanses to break up the linear effect.  The smaller buildings have the walls offset in various places to achieve the same affect. 

 

The truck wash area consists of a building with wash bays for tractor trailer rigs, a truck scale and an enclosed capture wash pit for washing out livestock trailers.  The pit will be pumped periodically and is covered to reduce odor emissions.

 

A complete Landscape Plan has been submitted for each of the Phase 1 development sites.  The Landscape Plan includes the location, quantity, size and species for all plant materials. The Developer proposes excellent screening with spruce and fir trees in appropriate areas.  Autumn Blaze maples are shown along all public streets as street tree plantings.  Shrub beds are located on the corners of the interior street intersections.

 

Mitch Humphrey from Buffalo Surveying and Paul Brungardt from Brungardt Engineering presented this matter to the Council.  This has been a detailed project that they have been working on for a long time and had many meetings with the City staff.  He expressed his appreciation to the staff and the City Manager, who facilitated those meetings. This area contains 97 acres and zoning will be requested in three parts.  This area will contain the Cherry Avenue by-pass corridor, which the City and the Chamber of Commerce have been working on so diligently for the last few years.  That project has complicated this one a little, but everyone has worked through it and has come to terms with what needs to be done. 


In this area will be the Cherry Avenue by-pass, a loop road which is planned as part of the by-pass project to have access down to Highway 30 to move traffic on to that corridor.  There will be streets that will be platted as part of this project (standard public streets).  The rest of the area will be platted into lots with the areas straddling the corridor are being requested to be zoned C-3/PD which will allow the City staff and Planning Commission a little more say so on how the development occurs along that corridor, similar to the way 56th Street and 2nd Avenue is treated inside the City.  The area to the west of the by-pass corridor is being rezoned to be M-1 and C-3/PD and C-3. 

 

The proposal is a for a large retail center that will service a great deal of Ag community and trucking business in town.  There will a truck stop and restaurant.  The truck wash will allow truckers who haul livestock to wash out their facility, which will be collected and shipped away for profit.  As the site develops, there will be other lots available for other users. There is a subdivision agreement and an infrastructure agreement for which all the details have been worked out. 

 

Council member Buschkoetter asked how many accesses there will be off Cherry Avenue.  Mr. Humphrey responded that the State does not want any. Director of Public Works Rod Wiederspan stated the by-pass will be set up for half mile access points. The design of the loop road, which will go to Highway 30, has not been finalized.  None of the individual lots will have access to the corridor. These lots will take access either off the original Cherry Avenue on the east side or the proposed road on the west.  They have allowed enough flexibility in the layout so they can accommodate whatever that final design will be.  They have added a 200-foot designated lot for the by-pass, plus an additional 70-foot easement to the west.  That will be green space for the development in phase one in the event that the alignment for Cherry Avenue by-pass would be moved. 

 

Council member Kearney asked if there was anything in the area that would be comparative.  Mr. Humphrey stated that it would be a combination of Bosselman’s and the former Country Generals.  Mayor Hadley commended both the developer and the people, who worked with them.  This is an excellent addition for Kearney that will bring many people in for services.  He expressed his appreciation of the City staff for their work with the developer that made this happen.  Council member Clouse asked for a timeline for some of these projects along Cherry Avenue.  Mr. Humphrey responded that as soon as the plan is approved and all the documents presented to the City and the various State agencies, they plan to begin construction. 

 

There was no one present in opposition to this hearing.

 

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Brent Henderson and Gary Henderson (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 the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 18.20 acres, more or less, Buffalo County, Nebraska; AND to “District C-3, General Commercial District” property described as a tract of land being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 21.18 acres, more or less, Buffalo County, Nebraska; AND to “District C-3/PD, General Commercial District/Planned Development Overlay District” property described as a tract of land being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 57.86 acres, more or less, Buffalo County, Nebraska (west of Cherry Avenue and south of 39th Street). Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

FINAL PLAT AND SUBDIVISION AGREEMENT – COUNTRY DEPOT PLAZA SUBDIVISION

 

Mayor Hadley opened the public hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Brent Henderson and Gary Henderson (Owner) for final plat and Subdivision Agreement approval for “COUNTRY DEPOT PLAZA SUBDIVISION”, a subdivision in Buffalo County, Nebraska for a tract of land described as being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 97.24 acres, more or less, Buffalo County, Nebraska (west of Cherry Avenue and south of 39th Street) and to consider approval of Resolution No. 2005-88. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Hadley seconded by Kearney to close the hearing and approve the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant) for Brent Henderson and Gary Henderson (Owner) for final plat and Subdivision Agreement approval for “COUNTRY DEPOT PLAZA SUBDIVISION”, a subdivision in Buffalo County, Nebraska for a tract of land described as being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 97.24 acres, more or less, Buffalo County, Nebraska (west of Cherry Avenue and south of 39th Street) and approve Resolution No. 2005-88. Roll call resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-88

 

            BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “COUNTRY DEPOT PLAZA SUBDIVISION” a subdivision being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 97.24 acres, more or less, Buffalo County, Nebraska, and in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) be accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska.

            BE IT FURTHER RESOLVED that the Subdivision Agreement, 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 14TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

DEVELOPMENT PLAN APPROVAL – WEST OF CHERRY AVENUE AND SOUTH OF 39TH STREET

 

Mayor Hadley opened the public hearing on the Application submitted by Dennis Pace (Applicant) and Brent Henderson and Gary Henderson (Owner) for Planned District Development Plan Approval for the construction of a convenience store, a restaurant, a truck wash and wash out facility, a retail, greenhouse, lawn and garden, wire, hay and vehicle facility on property to be zoned “District C-3/PD, General Commercial District/Planned Development Overlay District” and described as a tract of land being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 57.86 acres, more or less, Buffalo County, Nebraska (west of Cherry Avenue and south of 39th Street) and to consider approval of  Resolution No. 2005-89. Planning Commission recommended approval.

 

There was no one present in opposition to this hearing.

 

Moved by Kearney seconded by Clouse to close the hearing and approve the Application submitted by Dennis Pace (Applicant) and Brent Henderson and Gary Henderson (Owner) for Planned District Development Plan Approval for the construction of a convenience store, a restaurant, a truck wash and wash out facility, a retail, greenhouse, lawn and garden, wire, hay and vehicle facility on property to be zoned “District C-3/PD, General Commercial District/Planned Development Overlay District” and described as a tract of land being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 57.86 acres, more or less, Buffalo County, Nebraska (west of Cherry Avenue and south of 39th Street) and approve Resolution No. 2005-89. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

RESOLUTION NO. 2005-89

 

            WHEREAS, Dennis Pace (Applicant) and Brent Henderson and Gary Henderson (Owner) have applied for Planned District Development Plan Approval for the construction of a convenience store, a restaurant, a truck wash and wash out facility, a retail, greenhouse, lawn and garden, wire, hay and vehicle facility on property zoned “District C-3/ PD, General Commercial District/Planned Development Overlay District” and described as a tract of land being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the northwest corner of the Northeast Quarter of Section 32 and assuming the west line of the Northeast Quarter of Section 32 as bearing SOUTH and all bearings contained herein are relative thereto; thence SOUTH on the west line of the Northeast Quarter of Section 32 a distance of 1650.9 feet; thence S89°41’30”E a distance of 1396.78 feet to the ACTUAL PLACE OF BEGINNING; thence continuing S89°41’30”E a distance of 1146.32 feet to the southwest corner of G.T.E. Addition, a subdivision being part of the Southeast Quarter of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska; thence N00°01’30”E on the west line of said G.T.E. Addition a distance of 50.0 feet to the northwest corner of said subdivision; thence S89°41’30”E on the north line of said G.T.E. Addition a distance of 105.0 feet to a point on the east line of the Northeast Quarter of said Section 32, said point also being the northeast corner of said subdivision; thence leaving the north line of said subdivision, N99°01’’30”E and on the east line  of the Northeast Quarter of said Section 32, a distance of 1373.78 feet to a point being 230.0 feet southerly from the northeast corner of the Northeast Quarter of said Section 32; thence N89°45’30”W parallel with the north line of the Northeast Quarter of said Section 32 a distance of 584.5 feet; thence N00°01’30”E parallel with the east line of the Northeast Quarter of said Section 32 a distance of 230.0 feet to a point on the north line of the Northeast Quarter of said Section 32, said point being 584.5 feet westerly from the northeast corner of the Northeast Quarter of said Section 32; thence N89°45’30”W and on the north line of the Northeast Quarter of said Section 32 a distance of 1388.37 feet; thence SOUTH a distance of 820.0 feet; thence S89°45’08”E a distance of 721.07 feet; thence S00°01’13”W a distance of 832.15 feet to the place of beginning, containing 57.86 acres, more or less, Buffalo County, Nebraska (west of Cherry Avenue and south of 39th Street).

            NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Dennis Pace (Applicant) and Brent Henderson and Gary Henderson (Owner) for District Planned Development Plan Approval for the construction of a convenience store, a restaurant, a truck wash and wash out facility, a retail, greenhouse, lawn and garden, wire, hay and vehicle facility on property zoned “District C-3/PD, General Commercial District/Planned Development Overlay District” and described as a tract of land being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: Referring to the northwest corner of the Northeast Quarter of Section 32 and assuming the west line of the Northeast Quarter of Section 32 as bearing SOUTH and all bearings contained herein are relative thereto; thence SOUTH on the west line of the Northeast Quarter of Section 32 a distance of 1650.9 feet; thence S89°41’30”E a distance of 1396.78 feet to the ACTUAL PLACE OF BEGINNING; thence continuing S89°41’30”E a distance of 1146.32 feet to the southwest corner of G.T.E. Addition, a subdivision being part of the Southeast Quarter of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska; thence N00°01’30”E on the west line of said G.T.E. Addition a distance of 50.0 feet to the northwest corner of said subdivision; thence S89°41’30”E on the north line of said G.T.E. Addition a distance of 105.0 feet to a point on the east line of the Northeast Quarter of said Section 32, said point also being the northeast corner of said subdivision; thence leaving the north line of said subdivision, N99°01’’30”E and on the east line  of the Northeast Quarter of said Section 32, a distance of 1373.78 feet to a point being 230.0 feet southerly from the northeast corner of the Northeast Quarter of said Section 32; thence N89°45’30”W parallel with the north line of the Northeast Quarter of said Section 32 a distance of 584.5 feet; thence N00°01’30”E parallel with the east line of the Northeast Quarter of said Section 32 a distance of 230.0 feet to a point on the north line of the Northeast Quarter of said Section 32, said point being 584.5 feet westerly from the northeast corner of the Northeast Quarter of said Section 32; thence N89°45’30”W and on the north line of the Northeast Quarter of said Section 32 a distance of 1388.37 feet; thence SOUTH a distance of 820.0 feet; thence S89°45’08”E a distance of 721.07 feet; thence S00°01’13”W a distance of 832.15 feet to the place of beginning, containing 57.86 acres, more or less, Buffalo County, Nebraska (west of Cherry Avenue and south of 39th Street) be approved.

PASSED AND APPROVED THE 14TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

IV.    CONSENT  AGENDA

 

Moved by Clouse seconded by Lear that Subsections 1 through 17 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried.

 

1.         Approve Minutes of Regular Meeting held May 24, 2005.

 

2.         Approve the following Claims: Ace Hardware $718.49 smcs,co; Ace Irrigation $473.92 smcs; Active Comm. Treatment $9.02 smcs. Adams,S $24.00 smcs; Advisors Marketing Group $448.40 smcs; Aesseal $986.79 smcs; Agent Fee $25.00 smcs; Alamar $1,552.00 smcs; All Seasons Uniforms $58.93 ps; Allied Electronics $32.10 smcs; Alltel $1,610.51 smcs; Amazon $56.56 smcs; Amer Electric $485.86 smcs,co; Amer Fence $5,615.00 co; Amer Legion Emblem $196.52 smcs; Amoco Oil $59.17 smcs; Anderson Ford $106,225.00 co; Anderson,B $100.00 smcs; Anixter $252.47 smcs,co; Architectural Digest $24.00 smcs; Arizona Mfg $222.18 smcs; Arndt,T $23.95 smcs; Arrow Seed $5,746.06 smcs; Ash,J $100.00 smcs; Aspen Publishers $250.12 smcs; AT&T $181.88 smcs; Auto Glass Center $184.50 smcs; Axtell,A $55.00 smcs; Baker & Taylor $2,946.40 smcs; Barco Municipal $570.00 smcs; Barney Abstract $255.00 smcs,co; BBC Audiobooks $8.00 smcs; Best Buy $58.83 smcs; Best Lock $334.10 smcs; Big Flag Farm $318.25 smcs; Blessing $336,560.49 co; Blevins,D $60.00 smcs; Blue Cross Blue Shield $122,481.61 smcs; Bob's Super Store $138.76 smcs,ps; Bob's Total $21.00 smcs; Boden,T $10.00 smcs; Bosselman $41,280.67 smcs; Bowman,R $75.00 smcs; Broadfoot's $292.00 smcs; Bryan Rock Products $1,485.49 smcs; Buckle $377.01 smcs; Buffalo Co Reg of Deeds $23.00 smcs; Buffalo Surveying $127.38 smcs; Buggy Bath Car Wash $108.50 smcs; Builders Warehouse $7,640.15 smcs,co; Butler, Voigt & Stewart $1,564.00 smcs; Cabela's $118.92 smcs; Careertrack $98.00 smcs; Casey's $62.97 smcs; Cash-Wa $1,957.54 smcs; CDW Gov't $2,225.77 smcs,co; Centaur Entp $29.08 smcs; Central Fire $76.75 smcs; Central Hydraulic $452.57 smcs; Central NE Bobcat $211.25 smcs; Central NE Equipment $60.32 smcs; Central Platte NRD $40,339.82 co; Chamberlain Group $97.70 smcs; Charleston,S $420.00 smcs; Charter Communications $43.55 smcs; Chesterman $234.50 smcs; Chief Construction $130.00 smcs; Chief Supply $162.69 smcs; Chili's $29.57 smcs; Christianbook.com $14.03 smcs; City of Ky $68,955.55 smcs,ps; CMI $95.97 smcs; Buffalo Co Sheriff $116.00 smcs; College Savings Plan $50.00 ps; Computer Hardware $218.00 smcs; Construction Rental $299.26 smcs; Copycat Printing $202.28 smcs; Crash Rescue $1,250.00 smcs; CRC Press $1,564.74 co; Creative Teacher $6.49 smcs; Crocker Monogramming $81.00 smcs; Crossroads $833.89 smcs; Crossroads Welding $3,280.24 co; Cudaback,N $15.23 smcs; Culligan $33.00 smcs; Cygnus Business $225.00 smcs; D&D Industries $787.50 smcs; D&M Security $195.00 smcs; Daake,A $23.30 smcs; Dannehl's Feed $66.30 smcs; Daunt,C $1.95 smcs; Dawson County PPD $11,195.39 smcs; Deeter Foundry $840.00 smcs; Dell $779.95 smcs,co; Depository Trust $638,485.00 ds; Deterding $411.34 smcs; Development Council $1,430.98 smcs; Diamond Vogel $480.93 smcs; Dmilaco Sports $89.70 smcs; Dobberstein Roofing $15,506.10 co; Double M Farms $2,000.00 smcs; DPC Industries $4,244.50 smcs; Duncan,T $22.39 smcs; Dutton Lainson $84.75 smcs; EAA Mid-America $144.00 smcs; Eakes $5,141.34 smcs,co; Echo Automation $577.75 smcs; Ecolab $27.00 smcs; Econo Lodge $54.99 smcs; EDM Equipment $234.20 smcs; Eickhoff,B $9.00 ps; Einspahr,J $100.00 smcs; Eirich,T $50.00 smcs; Elliott Equipment $9,585.57 smcs; Emed $588.15 smcs; Engelhaupt,A $19.70 smcs; English,C $90.38 smcs; Entenmann-Rovin $92.00 smcs; Equine Products $25.95 smcs; Essams Decorating $15.00 smcs; Eustis Body Shop $45.00 smcs; Evangelical Lutheran $6,575.00 smcs; Expression Wear $234.00 smcs; Fairbanks Int'l $93.44 smcs; Farmers Union $24.00 smcs; Fastenal $516.85 smcs; Floratine Midwest $4,960.00 smcs; Folck,J $100.00 smcs; Freburg,N $184.62 ps; Frontier $9,182.57 smcs; Galls $379.88 ps; Gangwish Turf $216.00 smcs; Garrett Tires $4,550.07 smcs; Gealy's $7,577.53 smcs; Gehl's Guernsey Farms $200.00 smcs; Golfsmith Int'l $207.85 smcs; Gordon's Small Engine $140.41 smcs; Grainger $1,369.64 smcs; Grand Central IGA $26.00 smcs; Great Plains One-Call $465.48 smcs; Great Plains Safety $2,400.00 smcs; H&H Distributors $1,809.00 smcs; Hallgrimson,J $100.00 smcs; Hanson,I $5.00 smcs; HDR Engineering $11,062.19 smcs; Henderson,R $35.14 smcs; Henne,J $23.00 smcs; Highsmith $1,130.08 smcs,co; Hill,M $207.86 smcs; Hobby Lobby $31.35 smcs; Hodge,H $30.00 smcs; Holiday $67.77 smcs; Holiday Inn $183.93 smcs; Holmes $1,149.48 smcs,co; Home Depot $49.97 smcs; Hometown Leasing $208.91 smcs; Hyatt Hotels $605.56 smcs; Hyatt,T $26.36 smcs; Hydrologic $175.00 smcs; IBT $30.12 smcs; ICMA $2,365.95 ps; Information Publications $71.00 smcs; IRS $87,066.18 ps; Irving,B $30.00 smcs; Jack Lederman $22.79 smcs; Johnson,A $169.40 smcs; Johnson,S $50.00 smcs; Johnston,A $24.00 smcs; K&K Parts $227.13 smcs; Kayton Electric $801.82 smcs; Ky Area Chamber $7,497.68 smcs; Ky Centre Vac $702.20 smcs; Ky Concrete $4,092.20 smcs,co; Ky Crete $337.49 co; Ky Fly-In $378.00 smcs; Ky Hub $95.00 smcs; Ky Implement $53,383.05 smcs,co; Ky Winlectric $12.14 smcs; Ky Wle $49.08 co; Ky Wne $83.09 smcs; Ky Yamaha $31.43 smcs; Kern,M $100.00 smcs; Kid Card $400.00 smcs; Kirkham Michael & Assoc $19,286.01 co; Kirkpatrick,L $26.36 smcs; Kissell,D $100.00 smcs; Kmart $20.16 smcs; Knuth,T $50.00 smcs; Kollars,B $60.00 smcs; Kooyman,R $200.00 ps; Kyocera $27.67 smcs; Labsafe $569.47 smcs; Landmark Audiobooks $23.00 smcs; Laser Art Design $25.00 smcs; Latter,C $26.95 smcs; Laughlin,K $360.00 ps; Lawn Builders $2,656.23 smcs, co; Lawson Products $260.07 smcs; Lillis,D $381.26 smcs; Lindstedt,B $23.85 smcs; Linweld $250.18 smcs; Lips Printing Service $217.00 smcs; Lockmobile $51.00 smcs; Loebig,J $35.00 smcs; Loves Country $39.77 smcs; Magic Cleaning $850.00 smcs; Mail Express $190.04 smcs; Marlatt Machine Shop $638.13 smcs,co; Martin,S $36.84 smcs; Mason,J $100.00 smcs; Mattley Advertising $275.00 ps; McCullough,L $13.80 smcs; McDanal,K $24.12 smcs; McDowell,S $14.87 smcs; McGowan,A $25.00 smcs; McLaughlin,P $75.00 smcs; Medina,D $100.00 smcs; Menards $1,596.99 smcs,co; MES $286.32 smcs; Meyer,D $30.13 smcs; Meyers,L $20.00 smcs; Midas Muffler $10.45 smcs; Mid-State Units $450.00 smcs; Midway Aviation $312.10 smcs; Midway Chevrolet $18.11 smcs; Miller & Associates $11,442.40 co; Miller Signs $324.19 smcs; Miller,K $21.00 smcs; Mina,E $36.21 smcs; Modern Methods $811.80 smcs; Montgomery,D $22.09 smcs; Moonlight Embroidery $123.00 smcs,ps; Moore,J $35.84 smcs; Mosbarger,B $200.00 ps; Motley,A $23.33 smcs; Mr Automotive $2,159.51 smcs; Municipal Supply $101.38 smcs; Murrary,D $21.00 smcs; Naden Industries $129.00 smcs; Napa All Makes $1,230.51 smcs; Nat'l Paper Supply $268.90 smcs; NWWA $9,952.70 smcs; Nature Watch $268.24 smcs; NE Child Support $1,145.09 ps; NE Dept of Aeronautics $370.00 ds; NE Health Lab $985.00 smcs; NE Crime Comm $3.00 smcs; NE Machinery $120.16 smcs; NE Mosquito & Vector $100.00 smcs; NE Truck Center $66.21 smcs; NE Wine & Spirits $49.83 smcs; NE Golf Associates $3,203.10 smcs; NEland Distributors $1,724.45 smcs; Newegg Computers $663.89 co; Newman Signs $133.51 smcs; Nogg Chemical $385.61 smcs; Nordhues,B $31.04 smcs; Norhausen,M $36.07 smcs; Northern Tool $133.70 smcs; Northwestern $1,831.96 smcs; Northwestern Electric $151.68 smcs; Northwestern Energy $3,746.74 smcs; Novus $31.50 smcs; NWA Air $354.81 smcs; O'Connor,S $100.00 smcs; Office Depot $733.79 smcs; Office Max $1,469.17 smcs,co; Officenet $449.04 smcs,co; O'Keefe Elevator $125.92 smcs; Old Home Bakery $31.43 smcs; Old Market Sphaghetti $30.96 smcs; Omaha Fixture $118.20 smcs; On-Site Mobile $48.31 smcs; O'Reilly $877.54 smcs; Orr,L $100.00 smcs; Orscheln $664.59 smcs; Our Designs $98.40 ps; Overhead Door $127.92 smcs; P.F. Pettibone $415.75 smcs; Paramount $342.00 smcs; Pat's Plumbing $450.00 smcs; Payflex Systems $17.00 smcs; PBD Ala-Graph Editions $40.75 smcs; PEP $102.20 smcs; Pepsi-Cola $178.50 smcs; Pesek,J $11.30 smcs; Pet Kingdom $5.99 smcs; Petroleum Equipment $724.45 smcs; PGA of America $266.25 smcs; Ping $2,731.04 smcs; Planetcdrom $208.62 smcs; Platte Valley Comm $1,710.28 smcs; Postmaster $600.00 smcs; Power Plan $512.11 smcs; Precision Small Engine $376.68 smcs; Presco Sales $980.00 smcs; Presto-X $129.00 smcs; Promiss Testing Centers $195.00 smcs; Pro-Tint $149.00 smcs; Pulliam,R $100.00 smcs; Purdy,K $38.49 smcs; Quigly,S $29.00 smcs; Quill $447.14 smcs; Radio Shack $139.60 smcs; Rahe,A $100.00 smcs; Random House $522.40 smcs; Reams Sprinkler $3,988.11 smcs,co; Recognition Unlimited $227.87 smcs; Recorded Books $752.90 smcs; Redman's Shoes $199.99 smcs; Reineke,R $100.00 smcs; Remote Control Tech $140.00 smcs; Reserve Account $8,000.00 smcs; Respond First Aid $106.00 smcs; Richards,L $75.00 smcs; Rivermart $20.00 smcs; Romar Pest Control $70.00 smcs; Roper's Radiator $335.00 smcs; Ross Engineering $2,667.22 co; SA Foster Lumber $1.99 smcs; Safety-Kleen $225.20 smcs; Sahling Kenworth $1,237.63 smcs; Sandhill Plastics $72.88 smcs; School District #7 $2,059.65 smcs; Seals,T $100.00 smcs; Sears $16.99 smcs; Sec of State Notary $30.00 smcs; Shamrock Turf $875.00 smcs; Sherwin Williams $510.65 smcs; Shirt Shack $717.00 smcs; Shoemaker,N $100.00 smcs; Snap-On Tools $600.01 smcs; Snow,T $254.73 smcs; Solid Waste Agency $71,843.51 smcs; Solid Waste Equipment $18,662.00 smcs; Sorenson Group $24,369.51 co; Spaghetti Shop $594.00 smcs; Sports Turf Managers $130.00 smcs; Stagecoach $33.00 smcs; Stanbury Construction $400.00 co; Sterling Distributors $32.10 smcs; Stone,R $9.87 smcs; Sun Life Financial $20,437.53 smcs; Superior Signals $927.80 smcs; Sydow,J $100.00 smcs; TC G.Neil $544.87 co; Team Effort $210.32 smcs; Team Golf $370.72 smcs; Tee's Plus $776.64 smcs; Thome,B $362.03 smcs; Thompson,D $100.00 smcs; Thompson,J $100.00 smcs; Thompson,L $120.00 smcs; Throckmorton,R $100.00 smcs; Tomlison,K $7.73 smcs; Tractor Supply $1,602.12 smcs; Tracy,K $12.50 smcs; Tribune $150.56 smcs; Tri-City Outdoor $140.45 smcs; Turner Body Shop $90.00 smcs; U Stop 12 $35.62 smcs; UCG Amer Cemetery $59.95 smcs; Ullman,M $100.00 smcs; Underground Construction $1,330.00 smcs,co; UNICO Group $40.00 smcs; Union Oil $1,384.54 smcs; United Distillers $64.38 smcs; UPS $13.93 smcs; UPS Store $95.72 smcs; U-Save Foods $61.04 smcs; USPS $95.30 smcs; Van Diest $1,196.00 smcs; Van Horn,S $100.00 smcs; Verdicon $394.44 smcs; Video Service of America $226.92 smcs; Village Uniform $384.25 smcs; Vornhagen,K $50.00 smcs; Vulcan $6,037.51 smcs; Wald & Co $12,000.00 smcs; Walmart $3,097.89 smcs; Walton,T $100.00 smcs; Washington State Support $102.01 ps; Water Products $388.73 smcs; We Care Tree $440.00 smcs,co; Wearguard $132.91 smcs; Wemhoff,R $1.39 smcs; Werkmeister,E $14.49 smcs; West $1,028.00 smcs; Whalen,J $75.00 smcs; Wiedel,G $100.00 smcs; Wilke Contracting $61,224.58 co; Wilke Donovans $275.51 smcs,co; Wilson,N $8.05 smcs; Winternals $1,546.80 co; Xerox $266.00 co; Yant Equipment $249.00 smcs; Zapata,A $60.00 smcs; Zigmund,G $55.00 smcs; Zikmund,M $6.99 smcs; Zimmerman Printers $1,131.00 smcs; Payroll Ending 5-28-2005 -- $269,671.50.  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 DOUGLAS HOOS, dba “Tubs Pub” in connection with their Class C/K282 Catering Liquor License to dispense beer, wine and distilled spirits in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N, on August 27, 2005 from 3:00 p.m. until 1:00 a.m. for a wedding reception and dance.

 

4.         Approve Application and Certificate for Payment No. 1 in the amount of $596,952.28 submitted by Midlands Contracting and approved by Miller & Associates for the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue and approve Resolution No. 2005-90.

 

RESOLUTION NO. 2005-90

 

WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2005 Part II Improvements consisting of Water Connection District No. 2005-1 for 56th Street from 17th Avenue to 30th Avenue, Water Connection District No. 2005-2 for 17th Avenue from 56th Street north a distance of 1,033 feet, and Water Connection District No. 2005-3 for 30th Avenue from 48th Street north to 56th Street, water main replacements under the Union Pacific Railroad tracks at 5th Avenue and Avenue C, and three water valve replacements located at 21st Street between 4th Avenue and 5th Avenue, on 1st Avenue just south of 21st Street, and on 21st Street just west of Central Avenue, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 1 in the amount of $596,952.28 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$928,987.00

     Change Order No. 1 (4-26-2005)

- 219,141.86

 

 

Contract Sum To Date

709,845.14

Gross Amount Due

628,370.82

Retainage

31,418.54

Amount Due to Date

596,952.28

Less Previous Certificates for Payment

               .00

Current Payment Due

$596,952.28

 

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, and hereby find and determine that Application and Certificate for Payment No. 1, as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 14TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

5.         Approve Change Order No. 1 showing an increase in the amount of $52,883.00 to include Paving Improvement District No. 2004-884 for Avenue A from 11th Street to 10th Street as submitted by Blessing., LLC and approved by Miller & Associates to the 2004 Part VII Improvements – Bid B consisting of Paving Improvement District No. 2004-886 for Avenue K from 14th Street north to 15th Street, Paving Improvement District No. 2004-887 for 14th Street from Avenue K east to Avenue M, Paving Improvement District No. 2004-888 for 15th Street from Avenue K east to Avenue M, Paving Improvement District No. 2004-889 for 15th Street from Avenue H east to Avenue I and approve Resolution No. 2005-91.

 

RESOLUTION NO. 2005-91

 

WHEREAS, Blessing, LLC has performed services in connection with the 2004 Part VII Improvements – Bid B consisting of Paving Improvement District No. 2004-886 for Avenue K from 14th Street north to 15th Street, Paving Improvement District No. 2004-887 for 14th Street from Avenue K east to Avenue M, Paving Improvement District No. 2004-888 for 15th Street from Avenue K east to Avenue M, Paving Improvement District No. 2004-889 for 15th Street from Avenue H east to Avenue I, and the City's engineer, Miller & Associates, have filed with the City Clerk Change Order No. 1 in the amount of $52,883.00 to include Paving Improvement District No. 2004-884 for Avenue A from 11th Street to 10th Street as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$202,301.00

            Change Order No. 1 (6-14-2005)

+  52,883.00

Contract Sum To Date

$255,184.00

 

            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. 1 as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 14TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

6.         Approve the application for a Special Designated License submitted by JUAN LAZO, dba “El Tropico” in connection with their Class IB37623 liquor license to dispense beer and distilled spirits in the Exposition Building located at the Buffalo County Fairgrounds, 3807 Avenue N, on July 3, 2005 from 6:00 p.m. until 12:00 a.m. for a Mexican dance.

 

7.         Approve the application for a Special Designated License submitted by the Kearney Event Center in connection with their Class CK66275 catering liquor license to dispense beer, wine and distilled spirits in an enclosed fenced area in front of the arena in the parking lot of the Kearney Event Center, 609 Platte Road, for a temporary beer garden on July 3, 2005 from 12:00 p.m. until 12:00 a.m. for the July 4th Celebration.

 

8.         Approve the request submitted by the Kearney Downtown Centre Association/Downtown Improvement Board to block off Central Avenue from 22nd Street to 23rd Street on July 22, 2005 from 8:00 a.m. until 9:00 p.m., and to occupy the sidewalks in the downtown area on July 21, 22, 23, 2005 from 8:00 a.m. until 9:00 p.m. to conduct Sidewalks Sales.

 

9.         Approve the Plans and Specifications for AIP Project 3-31-0045-16 Kearney Snow Removal Equipment Building at the Kearney Municipal Airport and authorize Administration to set the bid opening date once the City has received approval from the Federal Aviation Administration.

 

10.        Approve the application for a Special Designated License submitted by EXPRESSIONS CATERING, INC., dba “Paradise Cove” in connection with their Class CK58433 liquor license to dispense beer, wine and distilled spirits at the Great Platte River Road Archway Monument located at 3060 East 1st Avenue on July 9, 2005 from 4:00 p.m. until 12:00 a.m. for a fund raiser subject to the City receiving the required Certificate of Insurance.

 

11.        Approve the application for a Special Designated License submitted by EXPRESSIONS CATERING, INC., dba “Paradise Cove” in connection with their Class CK58433 liquor license to dispense beer, wine and distilled spirits in the Ag Pavilion located at the Buffalo County Fairgrounds, 3807 Avenue N, on July 9, 2005 from 4:00 p.m. until 1:00 a.m. for a wedding dance and reception subject to the City receiving the required Certificate of Insurance.

 

12.        Approve Change Order No. 1 showing an increase in the amount of $250.00 submitted by Blessing, LLC and approved by Brungardt Engineering in connection with the south loop of the hike/bike trail for the E.K. & Mary Yanney Heritage Park and approve Resolution No. 2005-92.

 

RESOLUTION NO. 2005-92

 

WHEREAS, Blessing, LLC has performed services in connection with the south loop of the hike/bike trail for the E.K. & Mary Yanney Heritage Park, and the City's engineer, Brungardt Engineering, have filed with the City Clerk Change Order No. 1 in the amount of $250.00, as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

 

Original Contract Sum

$64,990.59

            Change Order No. 1 (6-14-2005)

+     250.00

Contract Sum To Date

$65,240.59

 

            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. 1 as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 14TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

13.        Approve Change Order No. 2 showing a decrease in the amount of $10,214.36 submitted by Wilke Contracting and approved by Kirkham Michael in connection with the Cottonmill Trail Pedestrian Bridge to be located near the Archway Monument and approve Resolution No. 2005-93.

 

RESOLUTION NO. 2005-93

 

WHEREAS, Wilke Contracting of Kearney, Nebraska has performed services in connection with the construction of the Cottonmill Trail Pedestrian Bridge to be located near the Archway Monument, and the City's engineer, Kirkham Michael Consulting Engineers, have filed with the City Clerk Change Order No. 2 showing a decrease in the amount of $10,214.36 as shown on Exhibit “A” attached hereto and made a part hereof by reference:


 

Original Contract Sum

$259,065.15

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

- 27,845.79

            Change Order No. 2 (6-14-2005)

-  10,214.36

Contract Sum To Date

$221,005.00

 

            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. 1 as shown on Exhibit “A”, be and is hereby accepted and approved.

            PASSED AND APPROVED THIS 14TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

14.        Approve the Plans and Specifications for the 2005 Part IV Improvements consisting of Paving Improvement District No. 2005-901 for 52nd Street from 2nd Avenue west to 3rd Avenue; Paving Improvement District No. 2005-902 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; Water District No. 2005-537 for a 20-foot waterline easement along the south line of Lot 2 of Block 1, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; Water District No. 2005-538 for a 10-foot utility easement along the west line of Lot 1 of Block 2, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska; Water District No. 2005-539 for 52nd Street from 2nd Avenue west to 3rd Avenue; Sewer District No. 2005-483 for 3rd Avenue from 52nd Street south to the south lot line of Lot 2 of Block 1, Sorensen Park Fourth Addition, an addition to the City of Kearney, Buffalo County, Nebraska and set the bid opening date for July 6, 2005 at 2:00 p.m.

 

15.        Approve the Plans and Specifications for 2004 Part VI Improvements consisting of Paving Improvement District No. 2005-899 for 11th Street from 1st Avenue to 7th Avenue and set the bid opening date for July 6, 2005 at 2:00 p.m.

 

16.        Approve the Technical and Professional Services Contract between the City of Kearney and Miller & Associates for CDBG Application #05-CR-004 for grant administration services and approve Resolution No. 2005-94.

 

RESOLUTION NO. 2005-94

 

            WHEREAS, the City of Kearney applied for Community Development Block Grant Funds from the Nebraska Department of Economic Development during the 2005 Application cycle in the amount of $174,165.00; and

            WHEREAS, the City was awarded a Community Development Block Grant in the amount of $8,000 for the first phase of the program was applying for a planning grant to assess the needs of low-and-moderate-income areas and to develop a revitalization strategy for a targeted neighborhood; and

            WHEREAS, the City of Kearney requested proposals from certified CDBG administrators in Central Nebraska for grant administration services relating to this project; and

            WHEREAS, City staff reviewed the proposal and recommends pursuing a contract with Miller & Associates of Kearney to provide grant administration services.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute, on behalf of the City of Kearney, the Technical and Professional Services Contract between the City of Kearney and Miller & Associates for Community Development Block Grant No. 05-CR-004 for grant administration services in the amount of $500 as set forth in the Contract. A copy of the said Contract, marked Exhibit “A”, is attached hereto and made a part hereof by reference

            PASSED AND APPROVED THIS 14TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

17.        Approve the Professional Services Consultant Agreement between the City of Kearney and Miller & Associates for CDBG Application #05-CR-004 as the CDBG Community Revitalization Planner and approve Resolution No. 2005-95.

 

RESOLUTION NO. 2005-95

 

            WHEREAS, the City of Kearney applied for Community Development Block Grant Funds from the Nebraska Department of Economic Development during the 2005 Application cycle in the amount of $174,165.00; and

            WHEREAS, the City was awarded a Community Development Block Grant in the amount of $8,000 for the first phase of the program was applying for a planning grant to assess the needs of low-and-moderate-income areas and to develop a revitalization strategy for a targeted neighborhood; and

            WHEREAS, the City of Kearney requested proposals from firms in Central Nebraska for planning  services relating to this project; and

            WHEREAS, City staff reviewed the proposal and recommends pursuing a contract with Miller & Associates of Kearney to provide planning services.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that the President be and is hereby authorized and directed to execute, on behalf of the City of Kearney, the Professional Services Consultant Agreement between the City of Kearney and Miller & Associates for Community Development Block Grant No. 05-CR-004 for planning services in the amount of $10,000 as set forth in the Agreement. A copy of the said Agreement, marked Exhibit “A”, is attached hereto and made a part hereof by reference

            PASSED AND APPROVED THIS 14TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

V.    CONSENT  AGENDA  ORDINANCES

 

ORDINANCE NO. 7181 – CREATE WATER DISTRICT NO. 2005-540

 

Because of a conflict of interest, Council member Kearney abstained from voting on this matter.

 

Council Member Lear introduced Ordinance No. 7181, being Subsection 1 of Agenda Item V to create Water District No. 2005-540 for West Highway 30 from 30th Avenue west to the west line of Meadowlark Gardens Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its second reading and then upon its final passage.  Council Member Buschkoetter seconded the motion to suspend the rules. President of the Council asked for discussion or if anyone in the audience was interested in the ordinance. No one responded. Clerk called the roll which resulted as follows: Aye: Hadley, Clouse, Buschkoetter, Lear. Nay: None. Kearney abstaining. 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. 7181 by number. Roll call of those in favor of the passage of said ordinance on the second reading resulted as follows: Aye: Hadley, Clouse, Buschkoetter, Lear. Nay: None. Kearney abstaining. Motion carried. Ordinance was read by number.

 

Moved by Buschkoetter seconded by Hadley that Ordinance No. 7181 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Buschkoetter, Lear, Clouse. Nay: None. Kearney abstaining. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7181 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. 7182 – AMEND TABLE 53-1 OF CHAPTER 53 OF THE CITY CODE

 

Council Member Hadley introduced Ordinance No. 7182, being Subsection 2 of Agenda Item V to amend Table 53-1 “Application Requirements” of Chapter 53 “Subdivision Approvals and Procedures” of the Unified Land Development Ordinance, being a part of the Code of the City of Kearney to reinstate the Environmental Information and the Improvements and Construction Information which was inadvertently omitted, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules. 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: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7182 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Clouse that Ordinance No. 7182 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7182 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. 7183 – AMEND CITY CODE BY ADOPTING INTERNATIONAL ENERGY CONSERVATION CODE

 

Council Member Hadley introduced Ordinance No. 7183, being Subsection 3 of Agenda Item V to amend the Kearney City Code by adding two new sections entitled Section 9-213 “International Energy Conservation Code” and Section 9-214 “International Energy Conservation Code; Subsequent Editions” to Article 2 “Building Code Generally” of Chapter 9 “Public Works” to adopt the International Energy Conservation Code 2003 Edition and any subsequent editions or revisions of the International Building Code and the International Energy Conservation Code adopted by the provisions of this Article shall be considered adopted and of full force and effect within the City, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules. 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: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7183 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Clouse that Ordinance No. 7183 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7183 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. 7184 – AMEND SECTIONS 9-1016, 9-1017, 9-1030, 9-1042 OF CITY CODE TO ADOPT 2003 UNIFORM PLUMBING CODE

 

Council Member Hadley introduced Ordinance No. 7184, being Subsection 4 of Agenda Item V to amend Section 9-1016 “Uniform Plumbing Code; Adopted”, Section 9-1017 “Amendments to 2003 Uniform Plumbing Code”, Section 9-1018 “Septic Systems and Leach Fields”, and Section 9-1042 “Specialty Plumber Classifications” all in Division I “Uniform Plumbing Code” of Article 10 “Plumbing Code” of Chapter 9 “Public Works” to adopt the Uniform Plumbing Code, 2003 Edition and any amendments thereto, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage.  Council Member Kearney seconded the motion to suspend the rules. 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: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7184 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Buschkoetter, Lear, Clouse, Kearney. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Kearney seconded by Clouse that Ordinance No. 7184 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7184 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.

 

VI.    REGULAR  AGENDA

 

ORDINANCE NO. 7185 – REZONING; 15 AND 108 WEST 32ND STREET

 

Mayor Hadley abstained from voting for the reason he is Chairman of the Board of Directors for the Hospital.

 

Council Member Clouse introduced Ordinance No. 7185, being Subsection 1 of Agenda Item VI to rezone from “District R-1, Urban Residential Single-Family District (Low Density)” to “District C-0, Office District” property described as Lots 13 and 14, Cottage Place, an addition to the City of Kearney, Buffalo County, Nebraska (16 and 108 West 32nd 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 Lear 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: Buschkoetter, Clouse, Kearney, Lear. Nay: None. Hadley abstained. 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. 7185 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Buschkoetter, Clouse, Kearney, Lear. Nay: None. Hadley abstained. Motion carried. Ordinance was read by number.

 

Moved by Lear seconded by Buschkoetter that Ordinance No. 7185 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Buschkoetter, Kearney, Lear, Clouse. Nay: None. Hadley abstained. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7185 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. 7186 – REZONING; NORTH OF 56TH STREET AND 776.0 FEET EAST OF AVENUE E

 

Council Member Buschkoetter introduced Ordinance No. 7186, being Subsection 2 of Agenda Item VI to rezone from “District AG, Agricultural District” to “District C-0, Office District” property described as a tract of land being part of the Southwest Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M., containing 2.009 acres, more or less, Buffalo County, Nebraska (north of 56th Street and 776.0± feet east of Avenue E), 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: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7186 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.


Moved by Hadley seconded by Kearney that Ordinance No. 7186 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7186 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. 7187 – VACATE PORTION OF GRANDVIEW ESTATES ADDITION

 

Council Member Buschkoetter introduced Ordinance No. 7187, being Subsection 3 of Agenda Item VI to vacate Lot 6 and the east 10 feet of Lot 5, Block 4, Grandview Estates, an addition to the City of Kearney, Buffalo County, Nebraska (39th Street and Avenue R), 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: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7187 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Hadley seconded by Kearney that Ordinance No. 7187 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7187 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. 7188 – VACATE PORTION OF STONERIDGE ADDITION

 

Council Member Buschkoetter introduced Ordinance No. 7188, being Subsection 4 of Agenda Item VI to vacate Lot 1, Stoneridge Addition, an addition to the City of Kearney, Buffalo County, Nebraska (north of 56th Street and Avenue E), 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: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7188 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Hadley seconded by Kearney that Ordinance No. 7188 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7188 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. 7189 – REZONING; WEST OF CHERRY AVENUE AND SOUTH OF 39TH STREET

 

Council Member Buschkoetter introduced Ordinance No. 7189, being Subsection 5 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 the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 18.20 acres, more or less, Buffalo County, Nebraska; AND to “District C-3, General Commercial District” property described as a tract of land being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 21.18 acres, more or less, Buffalo County, Nebraska; AND to “District C-3/PD, General Commercial District/Planned Development Overlay District” property described as a tract of land being part of the Northeast Quarter of Section 32, Township 9 North, Range 15 West of the 6th P.M., containing 57.86 acres, more or less, Buffalo County, Nebraska (west of Cherry Avenue and south of 39th 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: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion to suspend the rules having been concurred in by three-fourths of the City Council, said motion was declared passed and adopted. City Clerk read Ordinance No. 7189 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Hadley, Clouse, Kearney, Buschkoetter, Lear. Nay: None. Motion carried. Ordinance was read by number.

 

Moved by Hadley seconded by Kearney that Ordinance No. 7189 be passed, approved and published as required by law. Roll call resulted as follows:  Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

By reason of the roll call voted on the first reading and final passage of the ordinance, Ordinance No. 7189 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.

 

POLICY FOR BOARDS AND COMMISSIONS OF THE CITY

 

Mayor Hadley opened for discussion a policy regarding volunteer citizen boards, commissions and committees of the City of Kearney and to consider approval of Resolution No. 2005-96.

 

City Clerk presented this matter to the Council. The City of Kearney has several Boards and Commissions that work in conjunction with the City of Kearney.  In order to better streamline the appointment and administration of the citizen boards system, it is necessary for the Council to adopt a more formal policy and procedural guide.

 

One of the more important steps in the process is the solicitation of interest from the citizens of Kearney. Individuals will need to complete an Expression of Interest Form and submit it to the City Clerk. Those members currently serving on a board or commission interested in reappointment shall also be asked to submit an Expression of Interest Form. The City Council will then receive copies of completed Expression of Interest Forms so that they may offer written suggestions to the Mayor on appointments/reappointments. All appointments will be made by resolution submitted by the Mayor to the Council for final approval at the last Council meeting in July with an effective date of August 1.

 

Currently, the appointments/reappointments of the various Boards expire at different times of the year. With the adoption of the policy, all appointments/reappointments will occur at the end of July with the effective date of August 1. Vacancies occurring at other than the normal expiration date of a term (for example, a resignation for reasons of health) will be filled, whenever possible, by considering those individuals who have Expression of Interest Forms on file.

 

The City currently has the following openings:

 

            2 – Library Advisory Board

            1 – Advisory Board of Cable Commissioners

            3 – Examining Board of Plumbers

            3 – Golf Advisory Board

            4 – Planning Commission

 

After the passage of the attached resolution, the City will advertise the openings in the Kearney Hub.  The City’s website has the Expression of Interest Form that people can download, complete and submit to the City Clerk.

 

Moved by Kearney seconded by Clouse to approve a policy regarding volunteer citizen boards, commissions and committees of the City of Kearney and approve Resolution No. 2005-96. Roll call resulted as follows: Aye: Hadley, Lear, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.


RESOLUTION NO. 2005-96

 

            WHEREAS, volunteer citizen boards serve an important role in democratic local governments and provide an excellent mechanism for eliciting constructive citizen input and using the talents of individual citizens; and

            WHEREAS, the City of Kearney uses numerous citizen boards and commissions to assist in the provision of services to its citizens; and

            WHEREAS, the City Council has determined it is advisable to adopt a more formal policy and procedural guide for appointments to, and administration of, an effective board and committee system.

            NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that:

            Section 1.         Adoption of Policy.  The policies and procedures outline herein are hereby adopted and placed into effect upon passage of this Resolution. Said policies and procedures shall generally govern the appointment and administration of the citizen boards system, unless otherwise waived by the City Council. The Council may revise the policy as necessary from time to time by Resolution.

            Section 2.         Appointment Procedure.  It shall be the policy of the City Council to follow the steps outlined herein regarding citizen boards, committees and commissions:

                        A.         Solicitation of Interest.  Names of persons willing to serve the City in the capacity of volunteer board, committee or commission member will be obtained by both formal and informal advertising designed to reach as many citizens as possible. Each individual will complete an Expression of Interest Form and submit the same to the City Clerk. Those presently serving on a board or commission interested in reappointment shall also be asked to submit an Expression of Interest Form.

                        B.         Record of Interested Persons.  The City Clerk’s Office will maintain a record of all City boards and commissions and will notify the City Manager’s Office of any vacancies as they occur. In consultation with the City Manager’s Office, the City Clerk will solicit volunteers for appointment in July of each year and notify the City Manager’s Office of those appointments needed to be made in August. Vacancies occurring at other than the normal expiration date of a term (for example, a resignation for reasons of health) will be filled, whenever possible, by considering those individuals who have Expression of Interest Forms on file. The Expression of Interest Form will include a section in which the volunteer should indicate how long his or her application should remain on file (e.g., one year, two years, indefinitely).

                        C.         Manner and Time of Appointment. It will be the responsibility of the City Clerk to distribute copies of completed Expression of Interest Forms to City Council members so that they may offer written suggestions to the Mayor on appointments. Council members shall also be notified if any of the applicants are currently members of the board or committee, and, if so, are eligible for reappointment. All appointments will be made by Resolution submitted by the Mayor to the City Council for final approval at the last Council meeting in July with an effective date of August 1 of each year.

            Section 3.         Guidelines for Operations.  It shall be the policy of the City Council to follow the guidelines outlined hereafter regarding the operation of citizen boards, committees and commissions.

                        A.         Participation.  Members of citizen boards and commissions are expected to attend meetings on a regular basis. Board attendance records will be monitored by the staff liaison. Whenever a board member misses three (3) consecutive meetings or his or her attendance falls below 75% in a 12-month period, the board’s staff liaison will so notify the Mayor. The Mayor will formally request, by letter, clarification from the identified board member of the reason for lack of attendance. If no attendance improvement plan can be agreed upon by the Mayor and member, the member may be asked to consider resignation.

                        B.         Orientation.  City staff shall provide an orientation session and orientation materials for all new board and commission members. This will include the enabling legislation for that board or commission, a historical perspective on the work of that board and any other material appropriate to the conduct of that board’s duties. The City Manager’s Office will provide all committee members with orientation material applicable to service on all City boards and commissions.

                        C.         Compensation.  Citizen board, committee and commission members will receive no compensation for service.

            Section 4.         Relationships of Citizen Boards, City Council and City Staff.

                        A.         Role Definition.  During orientation training, definition of the relationships of citizen boards, the City Council and City staff shall be discussed as they are established by the enabling ordinance or resolution or by other statements of policy.

                        B.         Ad Hoc Committees.  The City Council may establish ad hoc citizen committees as needed to review City programs, to provide citizen input and recommendations on City projects and to assist in program review. It is important to distinguish between the role of an ad hoc committee and the primary role of the City Council in determining City policy on the nature of services and programs to be provided by the City and the means by which they shall be provided.

                        C.         Staff Responsibilities.  It is not appropriate for citizen boards to give work direction to City staff. City staff is provided to a board or commission as a resource for necessary information, not to carry out assignments from the board or to perform tasks which may infringe on or conflict with regular departmental responsibilities. However, staff will always endeavor to work closely with boards to enable them to carry out, as efficiently as possible, their responsibilities in the City government. It is recognized that some City-appointed boards, e.g., Kearney Housing Agency, have their own appointed professional staff. Nothing herein is intended to change the employer-employee relationship established by law in these cases.

            Section 5.         Modification of By-laws. Each citizen committee will rectify any inconsistencies between its current by-laws and this policy.

            PASSED AND APPROVED THIS 14TH DAY OF JUNE, 2005.

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

 

OPEN ACCOUNT CLAIMS – NEBRASKA PUBLIC POWER DISTRICT, $239.90; FREMONT NATIONAL BANK, $36,532.74

 

Moved by Buschkoetter seconded by Hadley that Open Account Claims in the amount of $239.90 payable to Nebraska Public Power District, and $36,532.74 payable to Fremont National Bank be allowed. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter. Nay: None. Clouse and Lear abstained. Motion carried.

 

VII.    REPORTS

 

SPRAYING FOR MOSQUITOES

 

City Manager Michael Morgan stated that with the wet weather, there have been questions raised as to whether the City will be fogging for mosquitoes this year.  The City will not be fogging for mosquitoes; they will be working with citizens in a variety of locations where larvaecides will be applied and will work through that process as has been done in past years. 

 

SOLICITATION FROM PUBLIC ON CAPITAL IMPROVEMENT PROJECTS

 

The Capital Improvement Suggestion Cards are at the printer and will be distributed with the water bills in the near future.  They will also be available to interested parties and be advertised through the media so that we can evaluate that input.  They are also putting together a draft of listening groups that we have referred to in the past.  We will also be asking Council to assist staff in going out and gathering input in the next couple of months to determine what people perceive as needs of the community. 

 

PARK & RECREATION DEPARTMENT COMMENDED

 

Council member Buschkoetter commended the Parks Department.  The Kearney Girl’s Fast Pitch Association had a tournament which is their major fund raiser scheduled for last weekend.  It was border line as to whether or not it would be rained out and the Parks Department did a good job of drying up the fields, which allowed the tournament to happen.  It would be a major blow if that event had to be cancelled.  He wanted to commend them on a job well done on the recreation side as well as the park side.

 

Council member Clouse commended the Parks Department for the outstanding job they did at Yanney Park last weekend in connection with the Yanney Heritage Park Day.  He believed that Yanney Park is definitely an asset to this community.  He encouraged others to attend other events there.  Mayor Hadley also agreed and hoped there would be more events like that one on a regular basis at Yanney Park.

 

VIII.    ADJOURN

 

Moved by Hadley seconded by Kearney that Council adjourn at 7:47 p.m. Roll call resulted as follows: Aye: Hadley, Kearney, Buschkoetter, Lear, Clouse. Nay: None. Motion carried.

 

 

ATTEST:                                                                       GALEN D. HADLEY

                                                                                    PRESIDENT OF THE COUNCIL

                                                                                    AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK