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Kearney, Nebraska

January 14, 2003

7:30 p.m.

A meeting of the City Council of Kearney, Nebraska, was convened in open and public session at 7:30 p.m. on January 14, 2003, in the Council Chambers at City Hall. Present were: Bruce Blankenship, President of the Council; Michaelle Trembly, City Clerk; Councilmen Randy Buschkoetter, Galen Hadley, Don Kearney, and Jose Zapata. Absent: None. G. Allen Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant City Manager; Wendell Wessels, Director of Finance and Administration; Kirk Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works were also present. Some of the citizens present in the audience included: Tim Mannelin, Jack Wilkins, Les Adelung, Michael Jordan, Bob Chop, Joe Sobotka, Craig Bennett, Scott Sanders, Shawn King, Billy Boyer, Mike Cahill, and NTV.

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

Major Dale Hixenbaugh from the Salvation Army provided the Invocation.

PLEDGE OF ALLEGIANCE

Boy Scouts Gram Hallister, Gage Maul, Brandon Lewis, Zach Gleason, Kent Laue, Peter Adamsen led the Council 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

WHISKEY CREEK – CATERING APPLICATION

Mayor Blankenship opened the public hearing on the application for a Catering License submitted by KEARNEY STEAKHOUSE CO., dba “Whiskey Creek Steakhouse” in connection with their Class I-35628 (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License located at 407 South 2nd Avenue and to consider Resolution No. 2003-1.

Michael Jordan presented this matter to the Council. He stated that this is a new application for catering. They had catered out with liquor when he was at the Grand Island location with no problems.

Mayor Blankenship stated that Whiskey Creek has had a good track record relative to their on-premise liquor license. This will allow them to do catering with liquor at other sites.

There was no one present in opposition to this hearing.

Moved by Kearney seconded by Buschkoetter to close the hearing and approve the application for a Catering License submitted by KEARNEY STEAKHOUSE CO., dba “Whiskey Creek Steakhouse” in connection with their Class I-35628 (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License located at 407 South 2nd Avenue and approve Resolution No. 2003-1. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.

RESOLUTION NO. 2003-1

WHEREAS, KEARNEY STEAKHOUSE CO., dba “Whiskey Creek Steakhouse” has filed with the City Clerk of the City of Kearney, Nebraska, an application for a Catering License in connection with their Class “I35628” (Beer, Wine and Distilled Spirits – On Sale Only) Liquor License and doing business at 407 South 2nd Avenue, Kearney, Nebraska, and has paid all fees and done all things required by law as provided in the Nebraska Liquor Control Act; and

WHEREAS, a hearing was held relating to said application on January 14, 2003.

NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor Control Commission of the issuance of a Catering License to KEARNEY STEAKHOUSE CO., dba “Whiskey Creek Steakhouse” in connection with their Class “I35628” (Beer, Wine and Distilled Spirits –On Sale Only) Liquor License located at 407 South 2nd Avenue.

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

PASSED AND APPROVED THIS 14TH DAY OF JANUARY, 2003.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

AMEND LAND USE MAP - NORTHEAST CORNER OF 39TH STREET AND 19TH AVENUE

Mayor Blankenship opened the public hearing on the proposed application to amend the Land Use Map of the City of Kearney Comprehensive Development Plan from “High Density Residential” to “Commercial” property described as part of Lot 1 of Block 1, Colonial Estates Addition to the City of Kearney, Buffalo County, Nebraska (northeast corner of 39th Street and 19th Avenue) and to consider Resolution No. 2003-2. Planning Commission recommended approval

Councilman Kearney abstained from discussion and voting on these matters because of a possible conflict.

This hearing and the next two hearings were all discussed together but voted on separately.

The applicant is requesting approval for a bank and office complex that will consist of a 6,334 square foot bank building with a basement and possibly a future phase 6,000 square foot two-story office building. A 1,584 square foot modular building will operate as the bank while the main building is under construction. After completion of the main bank the modular building will be removed from the site. The property is located at the northeast corner of the intersection of 39th Street and 19th Avenue. Approvals required for this project include an Amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan, Rezoning, and Development Plans.

Land Use Map Amendment

The Land Use Map of the Comprehensive Development Plan currently shows this property as “High Density Residential.” In the recent past this parcel was designated “Commercial” but the land use designation and zoning designation were changed when the Unified Land Development Ordinance was adopted.

Rezoning

The request is to rezone the tract from R-3/PD to C-0/PD, “Office District/Planned Development Overlay District” for construction of a bank building and an office building. Although the City had anticipated multi-family development on this lot, the mixture of land uses in the area, especially the proximity of existing commercial, makes the office zoning acceptable.

Development Plan

The applicant is requesting approval of Development Plans for the banking facility. This project can be broken into three phases. First, the modular building will be moved on-site and construction of the main bank building will begin. Once completed, the main bank will open and the modular building will be removed. The area formerly occupied by the modular building will become parking. The final phase will be the construction of the additional office building. The main bank will feature three drive-thru lanes, an ATM lane and a bypass lane. The drive-thru lanes exit into the existing alley. The throat of the alley where it connects to 19th Avenue will be widened by about nine or ten feet to make the turning movement and access to the parking lot more manageable. There is plenty of off-street parking provided on the plans. There are future parking areas reserved in case the second office building is constructed requiring more parking. The proposed building is very attractive and a complete Landscape Plan has been submitted. The landscape strip along the street on the west side of the property is eight to ten feet in width instead of the required 15 feet. Other areas of the site contain more landscaping than required to offset the lesser amount of landscaping to the west. A letter was previously given the Council explaining the justification for this deviation. Staff finds the deviation to be acceptable. Planning Commission concurred.

Stormwater management is required and is particularly important at this site since it is situated on the crest of a hill. Some detention can be gained in the parking lot. Additional detention may be obtained in the parkway between 39th Street and the parking lot. Stormwater design and computations must be submitted to the City Engineer and approved prior to issue of any Building Permits.

Jack Wilkins presented this matter to the Council. He stated he wanted to cover what the bank is looking at in terms of a phase construction process and detention along 39th Street. The property that is being addressed starts from 19th Avenue running east approximately 640 feet. Initially, there will be a temporary bank, which will be a movable future bank with parking all around it. That work will begin immediately after the 15-day waiting period. In late spring or early summer, there will be the construction of the new bank facility. At the end of next year, the temporary bank will be moved out and only the permanent building with parking will remain. The site plan also includes a proposed location for a future building right behind the new building. Nothing is in the planning right now, but they wanted to make sure that when the piece was platted that there would be room for one more facility. It could be two stories with adequate parking. The request for deviation on the 15-foot side yard down to 8’10”, states that additional green space is included around the facility for trees and shrubs to more than balance that out. There is an additional positive side in green space in reducing that from 15’ to 8’10”.

When the property is completed, there will only be one curb cut off on 39th Street. These facilities will also be allowed to use the additional curb cut on 39th Street, which is presently there. It will be shared facilities for all commercial buildings on the north side. One of the issues that were brought up by the City Planners is a recommendation for a curb cut down at the end of the alley extending that going on to 19th Avenue. The width of that alley was increased to handle the alley and the bank’s traffic exiting on the north in that location. They have complied with that request on their document.

There was no one present in opposition to this hearing.

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the proposed application to amend the Land Use Map of the City of Kearney Comprehensive Development Plan from “High Density Residential” to “Commercial” property described as part of Lot 1 of Block 1, Colonial Estates Addition to the City of Kearney, Buffalo County, Nebraska (northeast corner of 39th Street and 19th Avenue) and approve Resolution No. 2003-2. Roll call resulted as follows: Aye: Blankenship, Zapata, Hadley, Buschkoetter. Nay: None. Kearney abstaining. Motion carried.

RESOLUTION NO. 2003-2

WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land described as Lot 1 of Block 1, Colonial Estates Addition to the City of Kearney, Buffalo County, Nebraska, EXCEPT the north 10 feet, EXCEPT that part now known as C.S. Addition, being a replat of part of Lot 1, Block 1, Colonial Estates Addition to the City of Kearney, Buffalo County, Nebraska, and EXCEPT that part now known as Hill Addition, being a replat of part of Lot 1, Block 1, Colonial Estates Addition to the City of Kearney, Buffalo County, Nebraska (northeast corner of 39th Street and 19th Avenue), from “High Density Residential” to “Commercial”, and

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

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

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “High Density Residential” to “Commercial” the use classification for the area described as a tract of land described as Lot 1 of Block 1, Colonial Estates Addition to the City of Kearney, Buffalo County, Nebraska, EXCEPT the north 10 feet, EXCEPT that part now known as C.S. Addition, being a replat of part of Lot 1, Block 1, Colonial Estates Addition to the City of Kearney, Buffalo County, Nebraska, and EXCEPT that part now known as Hill Addition, being a replat of part of Lot 1, Block 1, Colonial Estates Addition to the City of Kearney, Buffalo County, Nebraska (northeast corner of 39th Street and 19th Avenue).

PASSED AND APPROVED THIS 14TH DAY OF JANUARY, 2003.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

REZONING - NORTHEAST CORNER OF 39TH STREET AND 19TH AVENUE

Mayor Blankenship opened the public hearing on the Application submitted by William W. Marshall III (Applicant) and Essam Arram (Owner) to rezone from “District R-3/PD, Urban Residential Multi-Family (Medium Density) District/Planned Development Overlay District” to “District C-0/PD, Office District/Planned Development Overlay District” property described as part of Lot 1 of Block 1, Colonial Estates Addition to the City of Kearney, Buffalo County, Nebraska (northeast corner of 39th Street and 19th Avenue). Planning Commission recommended approval.

Councilman Kearney abstained from discussion and voting on these matters because of a possible conflict.

There was no one present in opposition to this hearing.

Moved by Hadley seconded by Zapata to close the hearing and approve the Application submitted by William W. Marshall III (Applicant) and Essam Arram (Owner) to rezone from “District R-3/PD, Urban Residential Multi-Family (Medium Density) District/Planned Development Overlay District” to “District C-0/PD, Office District/Planned Development Overlay District” property described as part of Lot 1 of Block 1, Colonial Estates Addition to the City of Kearney, Buffalo County, Nebraska (northeast corner of 39th Street and 19th Avenue). Roll call resulted as follows: Aye: Blankenship, Zapata, Hadley, Buschkoetter. Nay: None. Kearney abstaining. Motion carried.

PLANNED DISTRICT DEVELOPMENT PLAN - NORTHEAST CORNER OF 39TH STREET AND 19TH AVENUE

Mayor Blankenship opened the public hearing on the Application submitted by Scott Stober for Five Points Bank (Applicant) Essam Arram (Owner) for Planned District Development Plan Approval for the construction of a bank facility on property to be zoned “District C-0/PD, Office District/Planned Development Overlay District” and described as part of Lot 1 of Block 1, Colonial Estates Addition to the City of Kearney, Buffalo County, Nebraska (northeast corner of 39th Street and 19th Avenue) and to consider Resolution No. 2003-3. Planning Commission recommended approval providing for a deviation to the ordinance for the required 15-foot buffer yard along 19th Avenue be reduced to 8 foot 10 inches.

Councilman Kearney abstained from discussion and voting on these matters because of a possible conflict.

There was no one present in opposition to this hearing.

Joe Sobotka addressed the Council on this matter. He stated that he is the owner of Northwest Kearney Inc., which owns this property plus the property behind it. Since the bank would be using the entrance off of 39th Street, he asked if in case maintenance was ever needed, would they participate in the cost of the maintenance of that entrance? The entrance access he was referring to was the curb cut in front of the Quick Stop on 39th Street. When the entrance was being shared with Dr. Hill for his clinic, they had a personal agreement in writing regarding the maintenance of concrete, etc. He has been there for 13 years and no repairs have been necessary to this point, but he had some concerns with the anticipated amount of traffic from the bank. There is a joint entrance to the east that the City is going to use and there is nothing in writing about that either.

Director of Public Works Rod Wiederspan stated typically these would be private agreements that the City would not be involved in. Councilmen Zapata and Buschkoetter agreed that it might be something they need to look into for the future concerning two or more business using the same entrance.

Moved by Zapata seconded by Blankenship to close the hearing and approve the Application submitted by Scott Stober for Five Points Bank (Applicant) Essam Arram (Owner) for Planned District Development Plan Approval for the construction of a bank facility on property to be zoned “District C-0/PD, Office District/Planned Development Overlay District” and described as part of Lot 1 of Block 1, Colonial Estates Addition to the City of Kearney, Buffalo County, Nebraska (northeast corner of 39th Street and 19th Avenue) and approve Resolution No. 2003-3 providing for a deviation to the ordinance for the required 15-foot buffer yard along 19th Avenue be reduced to 8 foot 10 inches. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Zapata. Nay: None. Kearney abstaining. Motion carried.

RESOLUTION NO. 2003-3

WHEREAS, Scott Stober for Five Points Bank (Applicant) Essam Arram (Owner) have applied for Planned District Development Plan Approval for the construction of a bank facility on property to be zoned “District C-0/PD, Office District/Planned Development Overlay District” and described as Lot 1 of Block 1, Colonial Estates Addition to the City of Kearney, Buffalo County, Nebraska, EXCEPT the north 10 feet, EXCEPT that part now known as C.S. Addition, being a replat of part of Lot 1, Block 1, Colonial Estates Addition to the City of Kearney, Buffalo County, Nebraska, and EXCEPT that part now known as Hill Addition, being a replat of part of Lot 1, Block 1, Colonial Estates Addition to the City of Kearney, Buffalo County, Nebraska (northeast corner of 39th Street and 19th Avenue).

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the application of Scott Stober for Five Points Bank (Applicant) Essam Arram (Owner) for Planned District Development Plan Approval for the for the construction of a bank facility on property to be zoned “District C-0/PD, Office District/Planned Development Overlay District” and described above be approved, noting that the required 15-foot buffer yard along 19th Avenue be reduced to 8 foot 10 inches, and subject to the condition that stormwater design and computations must be submitted to the City Engineer and approved prior to the issuance of any Building Permits.

PASSED AND APPROVED THE 14TH DAY OF JANUARY, 2003.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

AMEND LAND USE MAP – 1902 8TH AVENUE

Mayor Blankenship opened the public hearing on the proposed application to amend the Land Use Map of the City of Kearney Comprehensive Development Plan from “Urban Single-Family Residential” to “High Density Residential” property described as Lot 8 of Block 16, Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1902 8th Avenue) and approve Resolution No. 2003-4. Planning Commission recommended approval.

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

The applicant is pursuing approval of rezoning for property located at 1902 8th Avenue in the Pioneer Park neighborhood. The property is zoned M-1 but developed as a residence. The structure is being used for single-family occupancy. The applicant desires R-3 zoning which is prevalent in the area to the north of this lot. This rezoning request requires consideration of amending the Land Use Map of the Comprehensive Development Plan from “Urban Single-Family Residential” to “High Density Residential”.

The Owner is interested in rezoning this parcel because residential is a nonconforming use in M-1 zoning and the house could not be rebuilt if it were damaged by a natural disaster. In addition, because of the zoning discrepancy, financing and title insurance are difficult to obtain by prospective purchasers if the Owner decides to sell.

Given the current use of the property as a residential home it appears that residential use is an acceptable alternative at this location. The subject property is adjacent to existing R-3 zoning to the north. It appears the property is large enough to contain sufficient lot area and space for off-street parking to be used for multi-family use if the Owner so desires in the future. If a conversion to multi-family is desired, all proper building permits must be obtained prior to any remodeling. The rezoning request for R-3 for a single lot could be considered “spot” zoning, but it is consistent with the proposed residential use of the property, even though zoning in this neighborhood ranges from residential to commercial and light industrial. Rezoning this lot to residential will have no effect on the continued use of other lots in the area for commercial or industrial operations that are zoned appropriately.

Shawn King presented this matter to the Council. He stated that the present zoning has caused difficulty for people in his neighborhood to get insurance on their property for fire replacement and also for obtaining 30-year financing. He has not had this problem on his particular piece of property, but looking to the future, he presented the request.

There was no one present in opposition to this hearing.

Moved by Blankenship seconded by Kearney to close the hearing and approve the proposed application to amend the Land Use Map of the City of Kearney Comprehensive Development Plan from “Urban Single-Family Residential” to “High Density Residential” property described as Lot 8 of Block 16, Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1902 8th Avenue) and approve Resolution No. 2003-4. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley. Nay: None. Motion carried.

RESOLUTION NO. 2003-4

WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land described as Lot 8 of Block 16, Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1902 8th Avenue), from “Urban Single-Family Residential” to “High Density Residential”, and

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

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

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Urban Single-Family Residential” to “High Density Residential” the use classification for the area described as Lot 8 of Block 16, Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1902 8th Avenue).

PASSED AND APPROVED THIS 14TH DAY OF JANUARY, 2003.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

REZONING – 1902 8TH AVENUE

Mayor Blankenship opened the public hearing on the Application submitted by Shawn E. and Amanda L. King (Applicant and Owner) to rezone from “District M-1, Limited Industrial District” to “District R-3, Urban Residential Multi-Family District (Medium Density)” property described as Lot 8 of Block 16, Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1902 8th Avenue). Planning Commission recommended approval.

There was no one present in opposition to this hearing.

Moved by Kearney seconded by Buschkoetter to close the hearing and approve the Application submitted by Shawn E. and Amanda L. King (Applicant and Owner) to rezone from “District M-1, Limited Industrial District” to “District R-3, Urban Residential Multi-Family District (Medium Density)” property described as Lot 8 of Block 16, Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1902 8th Avenue). Roll call resulted as follows: Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter. Nay: None. Motion carried.

AMEND LAND USE MAP - NORTH OF 39TH STREET, EAST OF PETE’S TOWN & COUNTRY ADDITION, AND NORTH OF LOT 1 OF BLOCK 1, PETE’S TOWN & COUNTRY ADDITION APPROXIMATELY 475 FEET

Mayor Blankenship opened the public hearing on the proposed application to amend the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agricultural” to “Industrial” property described as being Lot 1 of Block 1 and Blaine Avenue (said lot and avenue to be vacated), all located in Pete’s Town & Country Addition, and part of Government Lots 4 and 5 located in the Southwest Quarter of Section 29, Township 9 North, Range 15 West of the 6th P.M., containing 11.19 acres, more or less, Buffalo County, Nebraska (north of 39th Street, east of Pete’s Town & Country Addition, and north of Lot 1 of Block 1, Pete’s Town & Country Addition approximately 475 feet) and to consider Resolution No. 2003-5. Planning Commission recommended approval.

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

The applicant is requesting approval for a future industrial development located on the north side of 39th Street just east of Pete’s Town and Country. The applicant is asking for an amendment to the Comprehensive Development Plan of the City of Kearney, rezoning, a partial vacation of Pete’s Town and Country Subdivision and Blaine Avenue and subdivision plats. The site consists of 11.19 acres.

Land Use Map Amendment and Rezoning

The request is to rezone the tract from Agricultural to M-1, “Limited Industrial District” for future construction of some industrial use. The rezoning request would require the Land Use Map of the Comprehensive Development Plan to be changed from “Agricultural” to “Industrial.” Planning Commission recommended approval of the Land Use Map Amendment and the Rezoning request.

Vacation

Lot 1, Block 1 and Blaine Avenue, a “paper street” (platted but never constructed) all located in Pete’s Town and Country subdivision will need to be vacated to accommodate the new Subdivision, Northeast Industrial 3rd.

Subdivision Plats

The applicant is requesting approval of the Final Subdivision Plat for this property to be known as “Northeast Industrial 3rd.” Planning Commission approved the Preliminary Plat for Northeast Industrial 3rd on December 20, 2002. Staff reviewed the Final Plat and offered the following comments to the Planning Commission:

a) 39th Street is an arterial street. The city requests 100 feet of total right-of-way for arterial streets (50 feet from centerline). An additional ten feet of right-of-way should be dedicated. Planning Commission concurred and included the right-of-way dedication in the motion.

b) A 50-foot building setback is preferable for an industrial site of this size located on an arterial roadway. The setbacks shown on 39th Street are 25 feet and shall be revised to 50 feet. The 25 foot setback along Box Butte is acceptable. Again, Planning Commission concurred and requested that the setback distance be increased to 50 feet along 39th Street.

c) Only one access point will be allowed along the 39th Street frontage. This access point should be located somewhere near the midpoint of the property.

d) Stormwater Management is required for this subdivision. Detention cell design and drainage computations shall be submitted to the City Engineer for review and approval prior to any Building Permit being issued.

Craig Bennett from Miller & Associates presented this matter to the Council. He stated that this property is on the north side of east 39th Street. There is currently a subdivison to be vacated, Lot 1, Block 1 of Pete’s Town and Country, along with part of Blaine Avenue. This subdivision would encompass that area and some agricultural ground to the north and to the east. They propose to extend Box Butte Avenue, which is on the south side of 39th Street and would extend along the east side of this one lot subdivision. It would line up and eliminate the need for Blaine Avenue, which dead ends into 39th Street.

The request is for light industrial zoning. In terms of infrastructure, there is water available from 39th Street and sanitary sewer currently available at the southwest corner of this property. They have also made provisions for on-site detentions. Planning Commission made the request to acquire some additional right-of-way. Currently, the right-of-way in this area on 39th Street is 80 feet in width. The original proposal was 40 feet from the centerline, but has been extended an additional 10 feet per the recommendation. Planning Commission also requested a 25-foot setback in addition to the 25 feet that was proposed along 39th Street for a total of 50 feet. Those changes have also been made.

Joe Sobotka addressed the Council on this matter. He stated that Kearney is the third fastest growing city in Nebraska. Over the past several years, he has had some property rezoned and filled up on east 39th Street. There have been people coming to Kearney looking for property zoned M-1 that already have utilities available. Planning Commission indicated that there was some property at the airport, but people want to own their own property as opposed to leasing it. Across the street from this property on east 39th Street is going to be the new city recycling center. He has some people interested in locating in that area. He believes that this will fill a need in the near future.

There was no one present in opposition to this hearing.

Moved by Buschkoetter seconded by Hadley to close the hearing and approve the proposed application to amend the Land Use Map of the City of Kearney Comprehensive Development Plan from “Agricultural” to “Industrial” property described as being Lot 1 of Block 1 and Blaine Avenue (said lot and avenue to be vacated), all located in Pete’s Town & Country Addition, and part of Government Lots 4 and 5 located in the Southwest Quarter of Section 29, Township 9 North, Range 15 West of the 6th P.M., containing 11.19 acres, more or less, Buffalo County, Nebraska (north of 39th Street, east of Pete’s Town & Country Addition, and north of Lot 1 of Block 1, Pete’s Town & Country Addition approximately 475 feet) and approve Resolution No. 2003-5. Roll call resulted as follows: Aye: Blankenship, Zapata, Hadley, Buschkoetter, Kearney. Nay: None. Motion carried.

RESOLUTION NO. 2003-5

WHEREAS, an application for a revision of the Land Use Map of the Comprehensive Plan has been filed in conjunction with and as a requisite part of its application for a change in the zoning for a tract of land being Lot 1, Block 1 and Blaine Avenue (said lot and avenue to be vacated), all located in Pete’s Town & Country Addition, a subdivision being part of Government Lots 4 and 5 located in the Southwest Quarter of Section 29, Township 9 North, Range 15 West of the Sixth Principal Meridian, Buffalo County, Nebraska, and part of Government Lots 4 and 5 located in the Southwest Quarter of Section 29, Township 9 North, Range 15 West of the Sixth Principal Meridian, Buffalo County, Nebraska, all more particularly described as follows: Referring to the Northwest Corner of Government Lot 5 in said Section 29 and assuming the North line of Government Lots 4 and 5 in said section as bearing South 89°46’44” East and all bearings contained herein are relative thereto; thence South 89°46’44” East on the aforesaid North Line a distance of 969.75 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the east line of Lot 2, Block 1 of said Pete’s Town and Country Addition (if extended northerly); thence continuing South 89°46’44” East on the aforesaid North line a distance of 636.65 feet to a point on the east line of Box Butte Avenue, an avenue in Buffalo County, Nebraska (if extended northerly); thence South 00°08’18” West on the aforesaid east line (if extended northerly) a distance of 761.4 feet to a point on the north line of 39th Street, a street in Buffalo County, Nebraska; thence North 89°51’42” West and on the aforesaid north line of 39th Street a distance of 360.8 feet to the point of curvature; thence on a 1357.38 foot radius curve to the left forming a central angle of 06°31’ and continuing on the aforesaid north line an arc distance of 154.38 feet to the point of tangency; thence tangent South 83°38’21” West a distance of 122.68 feet to the southeast corner of the aforesaid Lot 2, Block 1; thence leaving said north line of 39th Street North 00°08’39” East and on the east line of said Lot 2 (if extended northerly) a distance of 785.0 feet to the place of beginning. Containing 11.19 acres, more or less, Buffalo County, Nebraska (north of 39th Street, east of Pete’s Town & Country Addition, and north of Lot 1 of Block 1, Pete’s Town & Country Addition approximately 475 feet), from “Agricultural” to “Industrial”, and

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

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

NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended to change from “Agricultural” to “Industrial” the use classification for the area described as a tract of land being Lot 1, Block 1 and Blaine Avenue (said lot and avenue to be vacated), all located in Pete’s Town & Country Addition, a subdivision being part of Government Lots 4 and 5 located in the Southwest Quarter of Section 29, Township 9 North, Range 15 West of the Sixth Principal Meridian, Buffalo County, Nebraska, and part of Government Lots 4 and 5 located in the Southwest Quarter of Section 29, Township 9 North, Range 15 West of the Sixth Principal Meridian, Buffalo County, Nebraska, all more particularly described as follows: Referring to the Northwest Corner of Government Lot 5 in said Section 29 and assuming the North line of Government Lots 4 and 5 in said section as bearing South 89°46’44” East and all bearings contained herein are relative thereto; thence South 89°46’44” East on the aforesaid North Line a distance of 969.75 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the east line of Lot 2, Block 1 of said Pete’s Town and Country Addition (if extended northerly); thence continuing South 89°46’44” East on the aforesaid North line a distance of 636.65 feet to a point on the east line of Box Butte Avenue, an avenue in Buffalo County, Nebraska (if extended northerly); thence South 00°08’18” West on the aforesaid east line (if extended northerly) a distance of 761.4 feet to a point on the north line of 39th Street, a street in Buffalo County, Nebraska; thence North 89°51’42” West and on the aforesaid north line of 39th Street a distance of 360.8 feet to the point of curvature; thence on a 1357.38 foot radius curve to the left forming a central angle of 06°31’ and continuing on the aforesaid north line an arc distance of 154.38 feet to the point of tangency; thence tangent South 83°38’21” West a distance of 122.68 feet to the southeast corner of the aforesaid Lot 2, Block 1; thence leaving said north line of 39th Street North 00°08’39” East and on the east line of said Lot 2 (if extended northerly) a distance of 785.0 feet to the place of beginning. Containing 11.19 acres, more or less, Buffalo County, Nebraska (north of 39th Street, east of Pete’s Town & Country Addition, and north of Lot 1 of Block 1, Pete’s Town & Country Addition approximately 475 feet).

PASSED AND APPROVED THIS 14TH DAY OF JANUARY, 2003.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

REZONING - NORTH OF 39TH STREET, EAST OF PETE’S TOWN & COUNTRY ADDITION, AND NORTH OF LOT 1 OF BLOCK 1, PETE’S TOWN & COUNTRY ADDITION APPROXIMATELY 475 FEET

Mayor Blankenship opened the public hearing on the Application submitted by Joseph Sobotka (Applicant) for Gary and Mary Jo Henderson (Owner) to rezone from “District AG, Agricultural District” and “District C-3, General Commercial District” to “District M-1, Limited Industrial District” property described as being Lot 1 of Block 1 and Blaine Avenue (said lot and avenue to be vacated), all located in Pete’s Town & Country Addition, and part of Government Lots 4 and 5 located in the Southwest Quarter of Section 29, Township 9 North, Range 15 West of the 6th P.M., containing 11.19 acres, more or less, Buffalo County, Nebraska (north of 39th Street, east of Pete’s Town & Country Addition, and north of Lot 1 of Block 1, Pete’s Town & Country Addition approximately 475 feet). Planning Commission recommended approval.

There was no one present in opposition to this hearing.

Moved by Hadley seconded by Zapata to close the hearing and approve the Application submitted by Joseph Sobotka (Applicant) for Gary and Mary Jo Henderson (Owner) to rezone from “District AG, Agricultural District” and “District C-3, General Commercial District” to “District M-1, Limited Industrial District” property described as being Lot 1 of Block 1 and Blaine Avenue (said lot and avenue to be vacated), all located in Pete’s Town & Country Addition, and part of Government Lots 4 and 5 located in the Southwest Quarter of Section 29, Township 9 North, Range 15 West of the 6th P.M., containing 11.19 acres, more or less, Buffalo County, Nebraska (north of 39th Street, east of Pete’s Town & Country Addition, and north of Lot 1 of Block 1, Pete’s Town & Country Addition approximately 475 feet. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.

PROPOSED AMENDMENT TO SIGN REGULATIONS – OUTDOOR ADVERTISING

Mayor Blankenship stated that the proposed amendment to Chapter 50 “Sign Regulations” of the Unified Land Development Ordinance as it pertains to outdoor advertising signs was withdrawn by the applicant. Therefore, no action was necessary.

IV. CONSENT AGENDA

Moved by Zapata seconded by Blankenship that Subsections 1 through 10 of Consent Agenda Item IV be approved. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley. Nay: None. Motion carried.

1. Approve Minutes of Regular Meeting of December 23, 2002.

2. AABACO $75.98 Su; Accu-Cut/Artwaxer $499.96 Su; Ace Hardware $50.07 Inv; Advance Auto Parts $128.94 Rep; Agent Fee $40.00 Tr; Air Louvers & Dampers $218.00 Rep; Allied Electronics $107.92 Rep; Alltel $2,452.53 Various; Amazon $183.64 Bks; Amer Airlines $478.00 Tr; Amer Red Cross $9.00 Tr; Andersen Wrecking $45.00 Inv; Anderson Outdoor Power $429.57 Various; ASCAP $77.06 Dues; ASLA $290.00 Renewal; Auto Glass Center $194.77 Inv; Baker & Taylor $3,207.14 Bks; BBC Audiobooks $412.60 Bks; Beckenhauer, T $130.00 Tr; Beideck, J $82.11 Tr; Bennett, T $1,267.50 Serv; Bertrand, A $1,000.00 Rep; Best Access Systems $1,546.35 Various; Big Flag Farm Supply $1,264.91 Su; Bob's Super Store $590.13 Various; Book Farm $1,079.01 Bks; Books in Motion $6.00 Bks; Books on Tape $76.80 Bks; Borer, K $100.00 Cla; Broadfood Sand $2,724.50 Su; Bubble Factory $4.35 Su; Buffalo Co Election Comm $1,434.96 Serv; Buffalo Co Sheriff $84,007.00 Serv; Buffalo Co Treasurer $2,127.03 Taxes; Buffalo Co Court $146.01 Ded; Buffalo Co District Court $258.00 Ded; Buggy Bath Car Wash $24.00 Rep; Builders How-To-Warehouse $1,073.87 Various; Buttress, S $44.75 Bks; C&D Publishing $100.00 Bks; CA Language Laboratories $93.28 Bks; Cabela's $126.55 Cla; Carquest $152.15 Rep; Carrothers Construction $67,411.79 Serv; Casey's $33.86 Various; Cash Wa $316.52 Various; CDW Gov't $1,557.16 Various; CED Enterprise $10.52 Su; CED/Amer Electric $1,858.53 Various; Central Auto Electric $18.90 Inv; Central District Health Dept $18.00 Serv; Central Fire $70.63 Various; Central Hydraulic System $349.93 Inv; Central States Wire Products $2,343.00 Various; Central Valley Irrigation $253.11 Rep; Charter Communications $1,591.85 Ref; Charter Digital Comm $42.55 Serv; Christensen, D $58.00 Serv; City Glass $28.22 Rep; City of Ky $356.44 Ref; Civic Plus $445.00 Serv; Clark Enersen Partners $12,271.67 Various; Cleaning Solutions $2,595.38 Various; CLH $309.00 Weather Station/Pilot; CODI $75.00 Tr; College Savings Plan of NE $420.00 Ded; CO Chapter ICBO $715.00 Tr; Complete Music $440.00 Serv; Computer Hardware $170.00 Su; Conners, D $82.11 Tr; Construction Rental $72.39 Su; Cook, J $718.33 Equip; Copy Cat Printing $671.01 Various; Cornhusker Hotel $440.00 Tr; Corp Diversified Svcs $50,000.00 Claims; Corporate Express $188.56 Su; Crossroads Ford $190.53 Inv; Culligan Water Conditioning $264.30 Various; Cummins Great Plains $3.24 Inv; Dawson PPD $2,513.24 Serv; Dell $12,197.00 Equip; Detto $57.40 Su; Development Council $640.00 Admin; Diamond Vogel Paint $75.63 Su; Don's Pioneer Uniforms $3,884.30 Cla; Double M Farms $2,000.00 Serv; DPC Industries $11,789.38 Su; Dubs $14.99 Su; Dugan Business Forms $1,980.41 Su; Dutton-Lainson $2,702.29 Inv; Eakes Office Plus $1,475.02 Various; Ecolab $26.00 Su; Eirich, T $40.00 Reim; Electronic Instrument Service $106.95 Various; Elliott Equipment $9,600.00 Containers; Embassy Suites $703.73 Tr Epson $105.95 Su; Essams Decorating $17.98 Su; Eversan $164.55 Rep; Expression Wear $2,481.48 Cla; Facts on File $62.60 Bks; Fairbanks Int'l $187.39 Various; Farmers Union Coop $11.00 Rep; Fast Mart $21.42 Su; Fastenal $475.55 Inv; Fearnley, M $27.43 Ref; Fedex $38.16 Pstg; Fremont Nat'l Bank $35,136.51 Ded; Frontier $16,877.34 Various; Gale Group $1,528.27 Bks; Galls $491.15 Various; Gear for Sports $161.22 Su; Graham Tire $136.28 Various; Grainger $176.58 Rep; Grand Central IGA $6.36 Su; Great Plains One-Call Service $279.13 Serv; H&G Cleaners $264.57 Serv; H&M Services $42.00 Rep; Hamilton Burrows Press $35.95 Bks; Hamilton, S $20.23 Ref; Heggemeyer, L $82.11 Tr; Heiman Fire Equip $1,257.41 Su; Heinemann Library $188.48 Bks; Higgins, J $16.37 Ref; Hobby-Lobby $37.24 Su; Holiday Inn Downtown $81.40 Tr; Holmes Plbg $2,230.15 Various; Hometown Leasing $206.00 Equip; Horizon Designs $21.00 Su; Hotel Del Coronado $10.00 Tr; Hygienic Lab $2,800.00 Serv; ICMA $290.00 Tr; ICMA RC $2,524.24 Ded; Industrial Fabrics $1,175.72 Rep; IntelliCom Computer Consulting $345.00 Rep; IRS $77,940.85 Ded; Jack Lederman $655.80 Various; JC Penney $89.97 Cla; Jiffy Lube $45.58 Rep; John Deere Credit $5,301.39 Equip; Johnson Lawn & Landscape $1,171.50 Serv; Johnson, A $21.57 Reim; JR's Western $749.59 Cla; K&K Parts $830.17 Various; K Mart $87.43 Various; Ky Area Solid Waste Agency $64,038.17 Tipping Fees; Ky Clinic $1,506.00 Various; Ky Concrete $561.00 Su; Ky Hub $1,889.82 Various; Ky Implement $526.86 Various; Ky Warehouse $52.99 Inv; Ky Winlectric $3.62 Su; Ky Yamaha $148.54 Su; Kelly Supply $439.20 Inv; Kepler, J $101.43 Tr; Killion Motors $17.62 Inv; Klaus, M $42.02 Tr; L&W Tires & Treads $975.30 Inv; Labsafe $97.10 Su; Large, J $450.00 Serv; Larkin Aquatics $1,900.00 Serv; Laser Art Design $378.00 Su; Lawson Products $690.52 Various; LCL Truck Equip $278.61 Rep; LEA $341.00 Cla; Leadership Ky $25.00 Serv; League of NE Municipalities $545.00 Tr; Lewis, N $91.77 Tr; Linda's Upholstery $212.17 Various; Linweld $311.02 Various; Marlatt Machine Shop $95.75 Various; Martinosky, M $50.00 Reim; Marushak, B $11.36 Cla; Mayo Health Information $9.00 Bks; McCollister & Co $2,294.86 Inv; McLaughlin, S $200.00 Ins; Meridian Library System $20.00 Tr; Merlin Burland Construction $1,041.83 Comm Betterment; Midway Chevrolet $54.94 Inv; Midwest Laboratories $95.00 Serv; Miller Signs $278.36 Signs; Misko Sports $9.99 Su; Moore $440.00 Su; Mossbarger, B $200.00 Ins; Motorola $2,631.50 Cap Improvement; Mr. Automotive $1,324.45 Various; Municipal Pipe Tool $3,351.00 Cap Improvement; NAPA $497.30 Various; Nat'l Paper Supply $144.64 Su; Nat'l Waterworks $469.65 Inv; Nat'l Fire Protection $135.00 Dues; Nat'l Geographic Magazine $34.00 Su; NE Child Support $2,054.18 Ded; NE State Fire Marshal $240.00 Su; NE Supreme Ct Pub Office $74.95 Bks; NE Concrete Paving Assoc $290.00 Tr; NE Health & Human Svcs $144.73 Serv; Nebraska Machinery $136.91 Inv; NPPD $2,829.96 Serv; Nebraska Truck Center $19.38 Inv; Neill, T $295.20 Ref; Newton Valve Service $1,348.43 Inv; NGCSA $150.00 Dues; NIDC $46.90 Bks; Nilson, D $7.78 Ref; Northwestern Energy $11,203.30 Serv; Oceana Publications $138.39 Bks; Office Depot $1,260.65 Various; Office Max $887.59 Various; Officenet $2,138.51 Various; O'Keefe Elevator $359.60 Various; Omaha World Herald $52.00 Serv; OMB Police Supply $367.70 Rep; O'Reilly $78.76 Various; Orscheln Farm & Home $626.14 Various; Overhead Door $849.00 Rep; Paramount Linen $138.71 Su; Paul Otto Curb Grinding $45.00 Cap Improvement; Payless Bldg $33.93 Su; PDR $69.95 Bks; Pesticide Applicator $55.00 Su; Pitney Bowes $520.39 Various; Pizza Hut $79.43 Su; Platte Valley Comm $2,645.61 Various; Platte Valley State Bank $4,004.37 Fees; Polk Directories $1,354.00 Bks; Preferred Mail $129.98 Pstg; Presto-X $72.00 Rep; Priority Mgt. Systems $251.67 Su; Quality Books $36.61 Bks; Quality Cleaners $15.90 Cla; Radio Shack $43.46 Inv; Ragan Communications $28.88 Bks; Raines & Associates $1,474.34 Rep; Ramada $1,943.43 Serv; Raymond Geddes $301.92 Su; Ready Mixed Concrete $599.25 Cap Improvement; Reams Sprinkler Supply $340.23 Rep; Recognition Unlimited $112.79 Various; Recorded Books $807.45 Bks; Redman's Shoes $151.23 Cla; Reg of Deeds/Buffalo $6.00 Serv; Regional Books $39.05 Bks; Respond First Aid System $61.80 Su; Riverside Animal Hospital $1,450.00 Serv; Rodehorst, R $82.11 Tr; Roper's Radiator $45.00 Inv; Rosen Plaza $622.72 Tr; Roth, K $91.77 Tr; S Arts Craft $351.84 Su; Sage, P $82.11 Tr; Sahling Kenworth $170.07 Inv; School District #7 $1,975.45 Remittance; Schultz, A $13.18 Ref; Scientific Dimensions $61.58 Su; S-F Analytical Lab $475.00 Serv; Sheen, S $81.00 Su; Sheldon, S $101.43 Tr; Sherwin Williams $123.10 Su; Shirt Shack $2,264.37 Various; Skeen Construction $180.00 Su; Solid Waste Agency Landfill $101.25 Tipping Fees; Sportime $394.24 Su; Sporting Edge $230.97 Su; State of NE Div of Comm $26.43 Serv; State of NE HHS Lab $710.00 Serv; State of NE HHSR& L $150.00 Renewal; State of NE State Fire Marshal $240.00 Fees; Stokes Urethane Contractors $1,923.00 Rep; Story, G $10.35 Tr; Super Shine Auto Wash $81.50 Various; Sycom $23.49 Su; Target $27.36 Inv; Technical Maint $1,171.50 Rep; Titleist $1,189.68 Inv; Tokay Software $320.00 Serv; Tollefsen Elliott Lumbar $209.95 Various; Tractor-Supply $1,356.07 Various; Training Academy/Armor Holdings $200.00 Tr; U Save Foods $19.84 Su; Union Oil $9,032.14 Inv; United Contractors $90,150.24 Serv; UPS West Store $23.29 Rep; US Gov't Bookstore $200.00 Bks; USPS $24.91 Pstg; Verizon $22.00 Serv; Village Cleaners $456.06 Various; Wal-Mart Supercenter $413.45 Various; Warehouse #4 $19.98 Su; Wastecorp $200.00 Rep; We Care Tree Care $195.00 Cap Improvement; Wellness Councils of America $82.18 Wellness Program; Wellness Works-KACF $250.00 Dues; Wessels, W $76.45 Tr; West Group $5.30 Su; Westfall GMC Truck $1,070.62 Rep; Wilke Donovans True Value $106.66 Various; Winter Equipment $381.97 Su; Wyndham Hotels-Palm Sprgs $702.36 Tr; Xerox $87.63 Various; Payroll Ending 12-28-2002 -- $223,058.35. 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 Application and Certificate for Payment No. 2 in the amount of $309,933.74 submitted by Midlands Contracting, Inc. for the 2002 Water System Improvements consisting of Water Connection District No. 2002-1 in Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence east to Airport Road, thence north to 39th Street; Water Connection District No. 2002-2 in Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a distance of 1,890 feet; Water Connection District No. 2002-3 in 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition, north a distance of 1,371 feet; Avenue F from 27th Street to 28th Street; 28th Street from Avenue E to Avenue F and approve Resolution No. 2003-6.

RESOLUTION NO. 2003-6

WHEREAS, Midlands Contracting, Inc. has performed services in connection with the 2002 Water System Improvements consisting of Water Connection District No. 2002-1 in Cherry Avenue from 11th Street north to the Union Pacific right-of-way, thence east to Airport Road, thence north to 39th Street; Water Connection District No. 2002-2 in Avenue N from the north lot line of Lot 1, Block 2, Eastbrooke Addition, north a distance of 1,890 feet; Water Connection District No. 2002-3 in 30th Avenue from the south lot line of Lot 17, Block 3, Lighthouse Point 6th Addition, north a distance of 1,371 feet; Avenue F from 27th Street to 28th Street; 28th Street from Avenue E to Avenue F, and the City’s engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 2 in the amount of $309,933.74 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

Original Contract Sum

$1,129,012.50

Change Order No. 1 (10-22-2002)

+ 62,330.00

Contract Sum to Date

Total Completed and Stored to Date

Retainage

Total Earned Less Retainage

Less Previous Payments

Current Payment Due

$1,191,342.50

$784,202.16

39,210.11

744,992.05

435,058.31

$309,933.74

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

PASSED AND APPROVED THIS 14TH DAY OF JANUARY, 2003.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

4. Approve Application and Certificate for Payment No. 4 in the amount of $6,488.50 submitted by Blessing, LLC for the 2002 Part IV Improvements consisting of Paving Improvement District No. 2001-858 for the alley between 1st Avenue and 2nd Avenue from 15th Street to 16th Street, Paving Improvement District No. 2002-869 for the alley between 1st Avenue and 2nd Avenue from 21st Street to North Railroad Street, and Paving Improvement District No. 2002-870 for the alley between Avenue A and Avenue B from 21st Street to North Railroad Street, and the parking lot located northwest of the Library and approve Resolution No. 2003-7.

RESOLUTION NO. 2003-7

WHEREAS, Blessing, LLC has performed services in connection with the 2002 Part IV Improvements consisting of Paving Improvement District No. 2001-858 for the alley between 1st Avenue and 2nd Avenue from 15th Street to 16th Street, Paving Improvement District No. 2002-869 for the alley between 1st Avenue and 2nd Avenue from 21st Street to North Railroad Street, Paving Improvement District No. 2002-870 for the alley between and Avenue A and Avenue B from 21st Street to North Railroad Street, and the parking lot located northwest of the Library, and the City's engineer, Miller & Associates, have filed with the City Clerk Application and Certificate for Payment No. 4 in the amount of $6,488.50 as shown on Exhibit “A” attached hereto and made a part hereof by reference and as follows:

Original Contract Sum	$394,096.50

Contract Sum To Date	394,096.50
Gross Amount Due	374,348.10
Retainage	18,717.41
Amount Due to Date	355,630.69
Less Previous Certificates for Payment	349,142.19

Current Payment Due	$6,488.50

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

PASSED AND APPROVED THIS 14TH DAY OF JANUARY, 2003.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

5. Approve an Interlocal Cooperation Agreement between the City of Kearney and Dixon County, Nebraska, Grant Administrator of the Keep Nebraska Beautiful Nebraska Used Oil Collection Program and approve Resolution No. 2003-8.

RESOLUTION NO. 2003-8

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Interlocal Cooperation Agreement for the Nebraska Used Oil Collection and Reuse Program”, a copy of which marked Exhibit 1 is attached hereto, negotiated by and between the City of Kearney and Dixon County, Nebraska, be and is hereby accepted and approved, and the President of the Council is hereby authorized and directed to execute the same agreement on behalf of the City of Kearney.

PASSED AND APPROVED THIS 14TH DAY OF JANUARY, 2003.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

6. Authorize additional dirt to be hauled to the Antelope Avenue Disposal Site in accordance with the Northeast Drainage Contract between the City of Kearney and Central Platte Natural Resource District and approve Resolution No. 2003-9.

RESOLUTION NO. 2003-9

WHEREAS, on December 9, 1997, the Central Platte Natural Resources District and the City of Kearney entered into an Interlocal Cooperative Agreement with Buffalo County for the Kearney Northeast Flood Control project; and

WHEREAS, the next phase of the Kearney Northeast Flood Control Project has been planned and identified as the Kearney Northeast Watershed Channel Improvements Phase II A and has identified excess dirt on the project that must be removed from the project site; and

WHEREAS, on the 8th day of October, 2002 the City and Central Platte Natural Resources District entered into an Agreement for the City to pay the Central Platte Natural Resources District for certain line item bids, to be included in the NRD project bid, for site preparation, hauling and placement of the excess dirt on the old City disposal site located south of 11th Street in Antelope Avenue; and

WHEREAS, this project is approximately 30 percent complete and the contractor does have stock piled dirt at another location and is willing to finish the disposal site cover with that dirt, and haul and place it for the same cost as included in the NRD contract.

NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney, Nebraska, that Central Platte Natural Resources District be and is hereby authorized and directed to add the remaining work to cover the disposal site including rip rap for erosion control to the NRD construction contract by change order.

PASSED AND APPROVED THIS 14TH DAY OF JANUARY, 2003.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

7. Approve the application for a Special Designated License submitted by TRINITY PROPERTY MANAGEMENT, dba “Riviera” in connection with their Class C-44667 Liquor License to dispense beer, wine and distilled spirits in the Exhibit Building at the Buffalo County Fairgrounds, 3807 Avenue N, on January 26, 2003 from 5:00 p.m. until 12:00 midnight for the Nebraska Association of Fair Managers Annual Banquet.

8. Approve the request submitted by Huss Platte Valley Auction to extend the permit to locate a manufactured home for security purposes located at 1202 West 19th Street for a period of one year.

9. Approve the reappointment of Bruce Blankenship and Ron Larsen to serve on the Economic Development Council of Buffalo County.

10. Approve the recommendation submitted by the Fire Chief to include the following as members of the Kearney Volunteer Fire Department: Shawn Munster, Thomas Foster, Seth Van Horn, Ron Voter, William (Chuck) Roe, Ryan Throckmorton, Justin Eckland, Nicholas Shoemaker, and Jared Pettit and approve Resolution No. 2003-10.

RESOLUTION NO. 2003-10

WHEREAS, Mike Martinosky, Chief of the Kearney Volunteer Fire Department, has forwarded several names of individuals desiring to serve as volunteers in the Kearney Volunteer Fire Department; and

WHEREAS, based on the recommendation of Chief Martinosky, the City Council of the City of Kearney, Nebraska hereby finds and determines that said persons listed are fully capable and qualified to serve a membership in the Kearney Volunteer Fire Department; and

WHEREAS, in order to be qualified for benefits in accordance with Neb. Rev. Stat. §48-115, et seq., said volunteer firefighters acting outside the corporate limits of the City must be officially directed to do so in order to be eligible.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Kearney, Nebraska, that those persons recommended by the Chief of the Kearney Volunteer Fire Department for membership in the Kearney Volunteer Fire Department as set forth on the attached letter of recommendation, marked Exhibit “A,” attached hereto and made a part hereof by reference, are hereby confirmed as members of the Kearney Volunteer Fire Department for the purposes of and in accordance with Neb. Rev. Stat. §48-115, and that said members are fully entitled to benefits under the Workers’ Compensation Act.

BE IT FURTHER RESOLVED that all of said volunteer firefighters named on Exhibit “A” are hereby specifically authorized and directed to serve outside the corporate limits of the municipality under the direction, orders and authority of the Chief of the Kearney Volunteer Fire Department in accordance with §4-204 of the Kearney City Code.

PASSED AND APPROVED THIS 14TH DAY OF JANUARY, 2003.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

V. CONSENT AGENDA ORDINANCES

None.

VI. REGULAR AGENDA

ORDINANCE NO. 6929 – REZONE NORTHEAST CORNER OF 39TH STREET AND 19TH AVENUE

Councilman Blankenship introduced Ordinance No. 6929, being Subsection 1 of Agenda Item VI to rezone from “District R-3/PD, Urban Residential Multi-Family (Medium Density) District/Planned Development Overlay District” to “District C-0/PD, Office District/Planned Development Overlay District” property described as part of Lot 1 of Block 1, Colonial Estates Addition to the City of Kearney, Buffalo County, Nebraska (northeast corner of 39th Street and 19th Avenue), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Councilman 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: Blankenship, Zapata, Hadley, Buschkoetter. 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. 6929 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Zapata, Hadley, Buschkoetter. Nay: None. Kearney abstaining. Motion carried. Ordinance was read by number.

Moved by Buschkoetter seconded by Hadley that Ordinance No. 6929 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Zapata. 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. 6929 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. 6930 – REZONE 1902 8TH AVENUE

Councilman Blankenship introduced Ordinance No. 6930, being Subsection 2 of Agenda Item VI to rezone from “District M-1, Limited Industrial District” to “District R-3, Urban Residential Multi-Family District (Medium Density)” property described as Lot 8 of Block 16, Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1902 8th Avenue), and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Councilman 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: Blankenship, Zapata, Hadley, Buschkoetter. 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. 6930 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Zapata, Hadley, Buschkoetter. Nay: None. Kearney abstaining. Motion carried. Ordinance was read by number.

Moved by Buschkoetter seconded by Hadley that Ordinance No. 6930 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Zapata. 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. 6930 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. 6931 – REZONE NORTH OF 39TH STREET, EAST OF PETE’S TOWN & COUNTRY ADDITION, AND NORTH OF LOT 1 OF BLOCK 1, PETE’S TOWN & COUNTRY ADDITION APPROXIMATELY 475 FEET

Councilman Blankenship introduced Ordinance No. 6931, being Subsection 3 of Agenda Item VI to rezone from “District AG, Agricultural District” and “District C-3, General Commercial District” to “District M-1, Limited Industrial District” property described as being Lot 1 of Block 1 and Blaine Avenue (said lot and avenue to be vacated), all located in Pete’s Town & Country Addition, and part of Government Lots 4 and 5 located in the Southwest Quarter of Section 29, Township 9 North, Range 15 West of the 6th P.M., containing 11.19 acres, more or less, Buffalo County, Nebraska (north of 39th Street, east of Pete’s Town & Country Addition, and north of Lot 1 of Block 1, Pete’s Town & Country Addition approximately 475 feet), 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. Councilman 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: Blankenship, Zapata, Hadley, Buschkoetter. 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. 6931 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Zapata, Hadley, Buschkoetter. Nay: None. Kearney abstaining. Motion carried. Ordinance was read by number.

Moved by Buschkoetter seconded by Hadley that Ordinance No. 6931 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Zapata. 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. 6931 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. 6932 – VACATE PORTION OF PETE’S TOWN & COUNTRY ADDITION AND BLAINE AVENUE

Councilman Blankenship introduced Ordinance No. 6932, being Subsection 4 of Agenda Item VI to vacate Lot 1 of Block 1 AND Blaine Avenue, all located in Pete’s Town & Country Addition, Buffalo County, Nebraska, and moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and said ordinances be considered for passage on the same day upon reading by number only, and then placed on final passage and that the City Clerk be permitted to call out the number of the ordinance on its first reading and then upon its final passage. Councilman 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: Blankenship, Zapata, Hadley, Buschkoetter. 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. 6932 by number. Roll call of those in favor of the passage of said ordinance on the first reading resulted as follows: Aye: Blankenship, Zapata, Hadley, Buschkoetter. Nay: None. Kearney abstaining. Motion carried. Ordinance was read by number.

Moved by Buschkoetter seconded by Hadley that Ordinance No. 6932 be passed, approved and published as required by law. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Zapata. 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. 6932 is declared to be lawfully passed and adopted upon publication in pamphlet form and made available to the public at the Office of the City Clerk, the Kearney Police Department and the Kearney Public Library.

FINAL PLAT – NORTHEAST INDUSTRIAL THIRD SUBDIVISION

Mayor Blankenship opened for discussion the request submitted by Joseph Sobotka (Applicant) and Gary and Mary Jo Henderson (Owner) for final plat approval of NORTHEAST INDUSTRIAL THIRD SUBDIVISION of Buffalo County, Nebraska and to consider Resolution No. 2003-11. Planning Commission recommended approval subject to the final plat shall show a platted50-foot building setback and that 50-foot of right-of-way shall be dedicated for 39th Street prior to the Council meeting.

c) Only one access point will be allowed along the 39th Street frontage. This access point should be located somewhere near the midpoint of the property.

Craig Bennett was present to answer any questions.

Moved by Hadley seconded by Zapata to approve the request submitted by Joseph Sobotka (Applicant) and Gary and Mary Jo Henderson (Owner) for final plat approval of NORTHEAST INDUSTRIAL THIRD SUBDIVISION of Buffalo County, Nebraska and approve Resolution No. 2003-11 subject to the following conditions: (1) 50-foot of right-of-way shall be dedicated for 39th Street and shall be shown on the plat; and (2) the 50-foot building setback along the 39th Street frontage shall be shown on the plat the final plat show a platted 50-foot building setback and that 50-foot of right-of-way shall be dedicated for 39th Street prior to the Council meeting. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley. Nay: None. Motion carried.

RESOLUTION NO. 2003-11

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “NORTHEAST INDUSTRIAL THIRD SUBDIVISION” a subdivision being part of Government Lots 4 and 5 located in Section 29, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, and in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska.

BE IT FURTHER RESOLVED that approval on Northeast Industrial Third Subdivision is subject to the following conditions:

1. 50-foot of right-of-way shall be dedicated for 39th Street shall be shown on the plat; and

2. The 50-foot building setback along the 39th Street frontage shall be shown on the plat.

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 JANUARY, 2003.

ATTEST: PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

CITY CLERK

PLANS AND SPECS FOR KEARNEY AREA RECYCLING CENTER

Mayor Blankenship opened for discussion the Plans and Specifications for the construction of the Kearney Area Recycling Center located at 3007 East 39th Street and set the bid opening date for February 18, 2003 at 2:00 p.m.

Director of Utilities Kirk Stocker presented this matter to the Council. Since 1993 the City of Kearney Sanitation Division has been operating a recycling operation. The program has grown from a plastic granulator and glass crusher located out doors on a concrete slab to a 7,500 square foot building with processing conveyors, self dumping hoppers, and two high capacity balers. The collection of recyclables has grown from three drop off sites to three drop off sites and over 1,500 residents utilizing the curbside collection of recyclables program. The program is currently growing at a rate of about 20 new participants each month.

Since 1993, over 19,000 tons of recyclables valued at over $700,000 have been processed, sold and diverted from the landfill. This has also resulted in a savings in landfill tipping fees of over $600,000.00. The Sanitation Division is currently shipping about nine semi loads of recyclables each month or over 100 semi loads of recyclables each year.

The curbside collection of recyclables is a very popular program among residents. Many residents have only one complaint, that once a month collection of recyclables is not enough for them. The Sanitation Division believes that most residents want twice a month collection due to the volume of recyclables that they generate, or that once a month collection is not enough for other residents to consider participating in the program.

For several years the Sanitation Division has proposed a new facility to more efficiently process recyclables. Finding a suitable location has been difficult. The facility will contain the recycling operations but also provide for sanitation vehicle storage, refuse container storage and a refuse container repair and parts shop.

The Sanitation Division believes that if a new building is constructed on a new site that the curbside collection of recyclables program can more than double from 1,500 residents participating to more than 3,000 participants, and that the total volume of recyclables from all sources can grow from 2,400 tons per year to more than 5,000 tons per year without adding more employees.

The Sanitation Division has grown as the City has grown. Other Divisions of the City based out of the Public Works and Utilities maintenance yard located at 1919 15th Avenue have also grown, making the site very congested. Additionally, the Public Works and Utilities Maintenance facility is bounded on two sides by residential homes whose residents do not appreciate back up alarms from Sanitation Division trucks leaving the site at 6:00 AM in the morning six days a week. Therefore, a new facility for the Sanitation Division is not only needed for recycling but also to improve all existing maintenance functions at the existing site at 1919 15th Avenue.

On May 28, 2002 the City Council conducted a public hearing and approved a Purchase Agreement to acquire Lot 1 of Northeast Industrial Second Addition to Buffalo County located at 3007 East 39th Street. The purchase of the property was contingent on a Site Development Plan being approved by the City of Kearney Planning Commission and the Kearney City Council.

On June 21, 2002 the City of Kearney Planning Commission approved the Site Development Plan for the Kearney Area Recycling Center that would also house the City of Kearney Sanitation Division vehicles and equipment.

On July 9, 2002 the Kearney City Council approved the Site Development Plan on the Planning Commission’s recommendation. The Council also approved a Resolution authorizing City Administration to close on the property.

On August 13, 2002 the Kearney City Council approved a Resolution to accept the Warranty Deed from the seller and authorized Administration to file the Deed at the Buffalo County Register of Deeds Office. Since August 13th the deed to the property has been filed and Title Insurance has been purchased.

On August 27, 2002 the Council approved a grant application to the Nebraska Environmental Trust requesting $200,000.00 to defray the cost of the recycling center to the City.

The Plans and Specifications call for a 47,000 square foot building to be built on the six plus acre site. The building will include 29,300 square feet of recyclable processing, sorting and shipping area; 14,200 square feet of in-door truck storage area; and 3,500 square feet of office, employee and educational area.

The Plans and Specifications include paving of the front parking lot, the truck apron and the loading dock. This paving was not required in the site development plan but believe that it is necessary to be functional. The remainder of the site will include the storm water detention cell, grading and surfaced with crushed rock as approved in the site development plan. The Plans and Specifications include the chain link fence as shown in the site development plans.

The landscaping and irrigation system included in the approved site development plan are not a part of this project but will be completed by City forces and local contractors under separate contract. Administration decided that it had some in house expertise for the irrigation system and that there was no use paying a building contractor a mark-up on trees that the City could order from a nursery.

Additionally, there is no recycling or processing equipment included. Neither is there any office furniture or equipment included. Administration will be writing a grant request to the Nebraska Department of Environmental Quality to help fund automated processing equipment to be purchased in the 2003-2004 budget. Until new equipment is received existing equipment will be moved and used at the new building.

Administration hopes that the Recycling Center will be completed in November 2003. However, considering the size of the project, possible delays associated with weather, and material delivery, Administration has decided to let the bidders state their project completion date in their bid in order to receive the best possible bid. While anxious to move to the new facility, there is an existing facility in which to perform its operations.

Mayor Blankenship asked if all equipment would be able to be housed in the new facility. Director of Utilities Kirk Stocker responded that all current vehicles would be able to be inside the garage with room to grow. There are three or four extra bays; so additional vehicles will also be able to be under roof. At present, they are in a 7,500 sq. ft. building. The new building will have about 29,000 sq. ft.; however, they will only be occupying about half of that at the current time. There is room within the building for the program to grow well into the future.

Councilman Zapata asked what the projections of growth are regarding the recycling in the future. Director of Utilities stated that he believes it will continue to grow. They receive calls from people that want their recyclables to be picked up twice a month because they generate that much. He believes that some people have been holding back participating because the collection is only once a month. He pointed out that if the City does not collect and process recyclables, then it would be collecting and hauling trash and paying landfill disposal fees. Filling the landfill and paying those fees is what they are trying to avoid. It will take nearly the same amount of labor to collect and haul it as trash as it will to collect it, process it, and recycle it.

Councilman Buschkoetter asked if there was a wall between the recycling area and the truck garage. Director of Utilities answered that there will be a wall for safety and fire purposes because they are separate areas. Room for expansion has been allowed for the recycling area even though only part of this space will be utilized in this first phase.

Councilman Hadley asked for some background on the financing of this project because he was not on the Council at the beginning of this. Director of Utilities responded that all of the funds necessary to construct the building are included in this year’s budget and the money is coming from the cash enterprise fund. They also have a $200,000.00 grant application pending with Nebraska Environmental Trust. They should have a good idea by the time they come back on February 25th if the City is going to receive that grant. Additionally, they are working on a grant application to Nebraska Department of Environmental Quality for some of the recycling equipment that they would like to put in that building. The funds for that grant comes with the $1.25 per ton disposal fee that we pay the State every time trash goes into the landfill. He is very optimistic about the grant because since the landfill opened in 1993, they have received about $400,000.00 for various items from that fund.

Councilman Kearney recalled that when Don Shultz, a sanitation worker, received his 25 year employee award, he talked about the employees’ goal to sell the recyclables for a profit and be self supportive.

At the present time, there are two full time employees and five part time employees working in the recycling center. If they were to quit recycling, they could save the part time employees, but the two full time employees would have to be out picking up the trash because they recycle 2,500 tons of recyclables, which would be waste that they would have to collect and take to the landfill.

Moved by Zapata seconded by Blankenship to approve the Plans and Specifications for the construction of the Kearney Area Recycling Center located at 3007 East 39th Street and set the bid opening date for February 18, 2003 at 2:00 p.m. Roll call resulted as follows: Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter. Nay: None. Motion carried.

PLANS AND SPECS FOR ROOF REPLACEMENT PROJECT AT THE WASTEWATER TREATMENT PLANT

Mayor Blankenship opened for discussion the Plans and Specifications for the Roof Replacement Project at the Wastewater Treatment Plant and set the bid opening date for February 6, 2003 at 2:00 p.m.

In this year’s budget the Wastewater Treatment Plant included funds for the replacement of the roof on the Maintenance Building. The roof on the Maintenance Building was cut from the Wastewater Treatment Plant Construction Renovation Project for budget reasons. The roof is in need of replacement at this time.

Miller and Associates, the City’s Engineer, has had extensive experience with the City of Kearney and on other projects with roof replacement. The project calls for the roof to be replaced with a membrane type roof. Membrane roofs were compared extensively to built-up roofs several years ago. At that time the decision was made that all new and replacement roofs were to be membrane roofs. This project also includes an external access ladder, attached on the building, similar to the other access ladders built with the recent construction renovation project.

Money has been included in this year’s budget for this project. After reviewing the engineer’s estimate and with the addition of the roof access ladder it appears that staff underestimated the cost of the project at budget time. Staff believes that the low bid received will be below the engineer’s estimate and has identified other projects and items that are costing slightly less than estimated making the savings from those items available for this project. If the bids received exceed the engineer’s estimate or have an adverse effect on the budget the project will not be awarded.

Scott Sanders from Miller & Associates presented this matter to the Council. He stated that the bids were awarded at the Council meeting, with anticipated construction to begin in early spring or March. The construction period was pretty much left open to the contractors within the bid as to the appropriated time to build it. They would like to be open for operation by mid November, but it could be later depending on the weather. The estimate that was generated according to the engineers estimate was between $1,325,000.00 to $1,500,000.00.

Councilman Hadley asked what the existing building would be used for? Kirk stated that the existing 7,500 sq. ft. building at the Public Works and Utilities yard will probably be used by the transportation division for equipment storage. At the present time, most of their equipment, he thought, was being stored outside.

He hesitated to speak for them since he didn’t know what their thoughts are, but knows that there is a use for that building. That yard is very congested because of the water, sewer, and transportation vehicles, refuse collection vehicles, and local people coming in to recycle. It creates a lot of traffic on that small property. He feels that it will greatly enhance their operation as well as be a much needed improvement for their operations.

Allen Johnson asked Kirk to explain that our goal is to environmentally make this facility as unobtrusive as possible in that environment along the curve of 39th Street.

Kirk stated that the landscaping plan has been approved. There will be extensive plantings along the east and north. The north will be lawn irrigated from the beginning. The eastside will be extensive screening with trees and shrubs. When Box Butte Avenue comes in, there will probably be a drip irrigation there to support those trees and shrubs. This is not a requirement on the site development plan, but there will be some shrubs and trees along the west property line as well.

This is a 6-acre site with plenty of room for expansion. They have allotted room for an additional fuel dispensing area; eventually there will be a building for a household hazardous waste collection. We can offer a complete solid waste management plan. In the southwest corner of the property, there will be storage for commercial containers. The site rating is included in the contract and there is storm water detention cell in the southeast corner. When Box Butte Avenue comes in, part of the subdivision agreement is there will be paving costs assessed to the City. The paving will enhance the entries to our site in the future.

Moved by Blankenship seconded by Kearney to approve the Plans and Specifications for the Roof Replacement Project at the Wastewater Treatment Plant and set the bid opening date for February 6, 2003 at 2:00 p.m. Roll call resulted as follows: Aye: Blankenship, Zapata, Hadley, Buschkoetter, Kearney. Nay: None. Motion carried.

OPEN ACCOUNT CLAIMS -- NONE

There were no Open Account Claims.

VII. REPORTS

City Manager stated that the biggest and most serious budget issue that faces the City of Kearney is the limitations that the Lid laws place on it as a growing and rapidly expanding community. In this session of the legislature, the League of Cities, with the help of Senator Joel Johnson, hopes to introduce a bill to address specifically the Lid issue in the case of rapidly growing communities, like Kearney. The formula does not work in terms of addressing growth. Wendell Wessels and Pete Kotsiopulos had been involved with some of the dialogue with the League. They worked with other cities last week that had come together with the League in hopes that a bill will emerge that would give Kearney some relief for the future. This is a very important venture. Senator Johnson has agreed to take this on and make it a priority bill.

The Army Guard has a proposal before the cities of Kearney and Grand Island for an air squadron of Apache Helicopters. In Kearney’s case, the effort and the response to that has been typical in that it is a community response. Everyone is involved in the presentation; the University, the Hospital, Kearney Public Schools, the Chamber of Commerce, the Economic Development Council, along with the City.

VIII. ADJOURN

Moved by Kearney seconded by Buschkoetter that Council adjourn at 8:36 p.m. Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Kearney, Zapata. Nay: None. Motion carried.

ATTEST: BRUCE BLANKENSHIP

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR

MICHAELLE E. TREMBLY

CITY CLERK

CITY CLERK

CITY CLERK

CITY CLERK

Original Contract Sum

ATTEST: PRESIDENT OF THE COUNCIL

CITY CLERK

ATTEST: PRESIDENT OF THE COUNCIL

CITY CLERK

CITY CLERK

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