Kearney, Nebraska
March 11, 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 March 11, 2003, in the Council Chambers at City Hall. Present were: Bruce
L. Blankenship, President of the Council; Michaelle Trembly, City Clerk;
Council Members 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: Gene McElhinny, Rick Luth, Dick Stacy, Myron Anderson,
Jerry Idt, Tom Tye, Tim Trompke, Lori Trompke, Bobby Turner, Bob Chop, Hannah
Anderson, Tracy Cook, Dana Daniels, Mike Konz, Billy Boyer, Mike Cahill.
Notice of the meeting was given in advance thereof by
publication in the Kearney Hub, the designated method for giving notice, a copy
of the proof of publication being attached to these minutes. Advance notice of
the meeting was also given to the City Council and a copy of their
acknowledgment or receipt of such notice is attached to these minutes.
Availability of the Agenda was communicated in the advance notice and in the
notice to the Mayor and City Council. All proceedings hereafter shown were
taken while the meeting was open to the attendance of the public.
I. ROUTINE BUSINESS
INVOCATION
Reverend C.J. Willis, Chaplain from Good Samaritan Hospital provided the Invocation.
PLEDGE OF
ALLEGIANCE
Boy Scouts Dan Hansen, Matt Hansen, Steven Hansen, along
with 12 members from Troop 139 led the Council members and audience in the
Pledge of Allegiance.
ORAL COMMUNICATIONS
Council Member Hadley introduced Michele McGeorge and Marcus
Stoddard from the University of Nebraska at Kearney Student Council.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
CONDITIONAL
USE PERMIT – JAYLENE BASHORE, 510 HURON DRIVE
Mayor Blankenship stated that the appeal from the decision by the Planning Commission to approve the
Application submitted by Jaylene Bashore (Applicant and Owner) for a
Conditional Use Permit to locate a Bed and Breakfast on property zoned
“District ICMU, Interstate Corridor Mixed Use District” and described as Lot 9
of Block 4, Lake Villa Estates, an addition to the City of Kearney, Buffalo
County, Nebraska (510 Huron Drive) has been requested by the attorneys involved
to be removed from the Agenda for an indefinite period in order to provide all
parties additional time to settle and resolve the issue.
Moved by Kearney seconded by Buschkoetter to that the Appeal
from the decision by the Planning Commission to approve the Application
submitted by Jaylene Bashore for a Conditional Use Permit to locate a Bed and
Breakfast at 510 Huron Drive be removed from the agenda for an indefinite
period in order to provide all parties additional time to settle and resolve
the issue; AND that, in the event, this matter needs to be placed back on the
agenda for action by the City Council, that the City shall be notified in
advance in order to properly publish such matter. Roll call resulted as
follows: Aye: Blankenship, Kearney,
Zapata, Hadley, Buschkoetter. Nay: None. Motion carried.
INCLUSION TO
CORPORATE BOUNDARIES – CAMRON FIRST ADDITION
Mayor Blankenship opened the public hearing on the
Application submitted by Gene McElhinny (Applicant and Owner) for the inclusion
of “CAMRON FIRST ADDITION” within the corporate boundaries of the City of
Kearney said property described as a tract of land being part of the Southeast
Quarter of Section 24, Township 9 North, Range 16 West of the 6th P.M.,
containing 9.15 acres, more or less, Buffalo County, Nebraska (northwest
quadrant of 56th Street and Avenue N) and to consider Resolution No. 2003-33.
Planning Commission recommended approval.
This hearing and the next hearing were discussed together
but voted on separately.
The applicant is requesting the second round of approvals
for the first phase of a mixed use development located at the northwest corner
of the intersection of 56th
Street and Avenue N.
The rezoning and development plans were approved by City Council December 10, 2002. The preliminary plat for this
project was approved by the Planning Commission in November 2002. Several
condominium buildings are proposed in the first phase along with a future
convenience store site at the intersection. The condominiums will wrap around
the convenience store and provide a transitional buffer for future
single-family dwellings to the north and west. The overall site consists of
9.14 acres of which 1.78 acres is zoned C-1 for the convenience store while the
remainder is zoned R-2/PD for the condominium development.
The applicant is requesting approval of the final
subdivision plat for Camron 1st Addition. The preliminary plat was approved by
the Planning Commission on November 15, 2002
and a recommendation for approval of the annexation question and the final plat
was approved by the Planning Commission February 21, 2003. The subdivision consists of four
lots. One lot is reserved for the convenience store, one lot is reserved for
the condominiums and the two remaining lots are tracts of additional land that
will be incorporated into future phases of the development. A Public Works
Plan is required in conjunction with the final plat and has been submitted to
the City.
Other considerations include:
a)
No building
permits will be issued until the design of the stormwater detention system is
finalized, including plans and computations.
b)
An eight-foot
wide hike-bike trail shall be installed on the west side of Avenue N as the
lots develop. The City will pay for four feet of the proposed trail and the
Developer will pay for four feet.
Urban services are available to this parcel and it is
contiguous to the existing city limits. Therefore, this property should be
included within the corporate boundaries of the City of Kearney.
Gene McElhinny presented this matter to the Council. He
stated that all of the conditions set forth by the Planning Commission have
been met including storm water detention, which will be built under the
infrastructure agreement.
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 Gene McElhinny (Applicant and
Owner) for the inclusion of “CAMRON FIRST ADDITION” within the corporate
boundaries of the City of Kearney said property described as a tract of land
being part of the Southeast Quarter of Section 24, Township 9 North, Range 16
West of the 6th P.M., containing 9.15 acres, more or less, Buffalo County,
Nebraska (northwest quadrant of 56th Street and Avenue N) and approve
Resolution No. 2003-33. Roll call resulted as follows: Aye: Blankenship,
Zapata, Hadley, Buschkoetter, Kearney. Nay:
None. Motion carried.
RESOLUTION
NO. 2003-33
WHEREAS, an Application has been submitted by Gene McElhinny
(Applicant and Owner) for the inclusion of “CAMRON FIRST ADDITION” within the
corporate boundaries of the City of Kearney said property described as a tract
of land beginning at the Southeast Corner of the Southeast Quarter of Section
24, Township 19 North Range 16 West of the 6th P.M., thence S89º40’00” along
the south line of said Southeast Quarter of said Section 24, a distance of
1033.46 feet, thence N00º20’00”W leaving the south line of said Southeast
Quarter of said Section 24, a distance of 78.00 feet, thence N71º37’26”E, a
distance of 96.70 feet, thence N71º11’29”E, a distance of 121.90 feet, thence
N66º26’09”E, a distance of 150.01 feet, thence N60º07’22”E, a distance of
145.82 feet, thence N53º39’20”E, a distance of 216.41 feet, thence N41º15’36”E,
a distance of 169.48 feet, thence N35º53’18”E, a distance of 108.57 feet,
thence N30º05’13”E, a distance of 180.33 feet, thence N27º32’07”E, a distance
of 156.83 feet, thence N17º02’09”E, a distance of 58.66 feet, thence
N90º00’00”E, a distance of 33.00 feet to a point on the east line of said
Southeast Quarter of said Section 24, thence S00º00’00”E, along the east line
of said Southeast Quarter of said Section 24, a distance of 969.17 feet to the
True Point of Beginning, said tract containing 9.15 Acres more or less of which
2.23 Acres more or less is dedicated road right-of-way, all in Buffalo County,
Nebraska (northwest quadrant of 56th Street and Avenue N); and
WHEREAS, the Kearney City Planning
Commission has received and held a public hearing on February 21, 2003 on the
inclusion of “CAMRON FIRST 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 “CAMRON FIRST 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 March 11, 2003 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 “CAMRON FIRST
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
“CAMRON FIRST 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 11TH DAY OF MARCH,
2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
FINAL PLAT –
CAMRON FIRST ADDITION
Mayor Blankenship opened the public hearing on the
Application submitted by Gene McElhinny (Applicant and Owner) for final plat
approval for “CAMRON FIRST ADDITION” of a tract of land being part of the
Southeast Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., containing 9.15 acres, more or less, Buffalo County, Nebraska (northwest
quadrant of 56th Street and Avenue N) and to consider Resolution No. 2003-34.
Planning Commission recommended approval. Administration recommends approval
with the conditions that: (1) No Building Permits will be issued until the
design of the stormwater detention system is finalized, including plans and
computations; and (2) An eight-foot wide hike-bike trail shall be installed on
the west side of Avenue N as the lots develop; the City will pay for four feet
of the proposed trail and the Developer will pay for four feet.
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 Gene McElhinny (Applicant and Owner) for
final plat approval for “CAMRON FIRST ADDITION” of a tract of land being part
of the Southeast Quarter of Section 24, Township 9 North, Range 16 West of the
6th P.M., containing 9.15 acres, more or less, Buffalo County, Nebraska
(northwest quadrant of 56th Street and Avenue N) and approve Resolution No.
2003-34 subject to compliance of the following conditions that: (1) no building
permits will be issued until the design of the stormwater detention system is
finalized, including plans and computations being submitted to the City; and
(2) an eight-foot wide hike-bike trail shall be installed on the west side of
Avenue N as the lots develop; the City will pay for four feet of the proposed
trail and the Developer will pay for four feet. Roll call resulted as
follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None. Motion
carried.
RESOLUTION
NO. 2003-34
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF
THE CITY OF KEARNEY, NEBRASKA, that the plat of “CAMRON FIRST ADDITION”, an
addition to the City of Kearney, Buffalo County, Nebraska, duly made out,
acknowledged and certified, and the same hereby is approved and in accordance
with the provisions and requirements of Section 19-916 of the Nebraska Revised
Statutes, accepted and ordered filed and recorded in the Office of the Register
of Deeds of Buffalo County, Nebraska; said addition is hereby included within
the corporate limits of said City and shall be and become a part of said City
for all purposes whatsoever, and the inhabits of such addition shall be
entitled to all the rights and privileges and shall be subject to all laws,
ordinances, rules and regulations of said City.
BE IT FURTHER RESOLVED that no building permits
will be issued until the design of the stormwater detention system is finalized,
including plans and computations are submitted to the City.
BE IT FURTHER RESOLVED that an eight-foot wide
hike-bike trail shall be installed on the west side of Avenue N as the lots
develop; the City will pay for four feet of the proposed trail and the
Developer will pay for four feet.
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 11TH DAY OF MARCH,
2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
REZONING -
BETWEEN 22ND STREET AND 23RD STREET AND ½ BLOCK WEST OF AVENUE Q
Mayor Blankenship opened the public hearing on the
Application submitted by Richard and Gwen Luth (Applicant and Owner) to rezone
from “District C-3, General Commercial District” to “District M-2, General
Industrial District” property described as Lots 8, 9, 10, 11, 12, 13 and 14 of
Block 5, and one-half of the alley in Block 5, and that portion of Avenue P
that abuts Lots 8 through 14, inclusive, of Block 5, all in Whiteaker’s Grove
Addition to the City of Kearney, Buffalo County, Nebraska (between 22nd Street
and 23rd Street and ½ block west of Avenue Q). Planning Commission recommended
approval.
The zoning category of this property was changed when the
latest update of the Official Zoning Map was adopted by City Council in April
2002. It appears that the zoning change was made in error. The applicant and
owner is requesting approval of rezoning from District C-3, General Commercial
District, to District M-2, General Industrial District to construct
mini-storage units. In years past, he completed three such mini-storage
buildings next to the lots up for rezoning today. The zoning at that time was
M-2 which was inadvertently changed with the adoption of the map. Now it must
be changed back to M-2 to allow completion of the remainder of the storage
units.
Rick Luth was present to answer any questions from the
Council.
There was no one present in opposition to this hearing.
Moved by Zapata seconded by Blankenship to close the hearing
and approve the Application submitted by Richard and Gwen Luth (Applicant and
Owner) to rezone from “District C-3, General Commercial District” to “District
M-2, General Industrial District” property described as Lots 8, 9, 10, 11, 12,
13 and 14 of Block 5, and one-half of the alley in Block 5, and that portion of
Avenue P that abuts Lots 8 through 14, inclusive, of Block 5, all in Whiteaker’s
Grove Addition to the City of Kearney, Buffalo County, Nebraska (between 22nd
Street and 23rd Street and ½ block west of Avenue Q). Roll call resulted as
follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley. Nay: None. Motion carried.
DEVELOPMENT
PLANS – BUILDERS HOW-TO WAREHOUSE, 4500 2ND AVENUE
Mayor Blankenship opened the public hearing on the
Application submitted by Myron Andersen for Andersen, Ltd. and Health System
Enterprises (Applicant and Owner) for Planned District Development Plan
Approval for the construction of a warehouse facility on property to be zoned
“District C-2/PD, Community Commercial/Planned Development Overlay District”
and described as Lot 1, Regency Acres Third Subdivision, Lots 1, 2 and 3 of
Block 1, Windsor Estates Seventh Subdivision, all of Lot 1 and part of Lot 2, Deyle
Charitable Trust, all in the City of Kearney, Buffalo County, Nebraska (4500
2nd Avenue) and to consider Resolution No. 2003-35. Planning Commission
recommended approval subject to compliance of the following conditions: (1) no
new access shall be provided from 2nd Avenue; (2) the existing parking spaces
adjacent to 2nd Avenue will be removed and replaced with a detention area and
landscaping; (3) the required parking places as defined in the comments shall
be provided and shall be free of obstructions; (4) the area north of the
building labeled as “Seasonal Garden Center” cannot be counted as parking
stalls; (5) the area labeled “future parking” south of the warehouse facility
shall be part of the development plan to provide the required parking stalls;
(6) all landscaped areas shall be underground sprinkled; and (7) the spot
elevations at the top and bottom end of the detention cell shall be provided
prior to building permits being issued. Administration also recommends that signs
must comply with the Unified Land Development Ordinance and require a separate
permit; and because of the increase in size, approval of the future west
building will require future submission, review and approval of Development
Plans.
The applicant is requesting approval of Development Plans
for a commercial campus operated by Builder’s How-To Warehouse at the existing
Builder’s location and including property to the south extending to 44th Street. Although not part of the
Development Plan package, a new building will be constructed for Good Samaritan
Health Systems since the existing home health care building will be affected by
this proposal. One new building is proposed for Builder’s Warehouse with
expansion of the two existing buildings and the function of the two existing
buildings and surrounding site areas will be altered under the new proposal.
Staff perceives this development as a “campus” type
development due to the inter-relationships between the various buildings. The
Unified Land Development Ordinance requires review and approval of Development
Plans for projects exceeding four acres or 40,000 square feet of building area
in C-2 zoning. This campus exceeds those thresholds and consequently,
Development Plans are required. You will recall the first issue to be resolved
for this project was the 200- foot platted building setback line. By action of
the Commission and Council, that setback line was vacated and re-established at
50 feet from the west edge of the frontage road easement.
The plans for developing this project include:
·
Demolition of
the existing home health care building just south of Builder’s existing retail
store.
·
Construction of
a 39,000 square foot drive-thru warehouse stocked with construction materials
to the south of the existing Builder’s store. The warehouse is oriented to the
frontage road and 2nd
Avenue for both
entering and exiting.
·
Construction of
a large parking lot sandwiched between the existing Builder’s store and the new
warehouse.
·
Construction of
a new home health care building and associated parking south of the new
warehouse extending south to 44th Street to be managed by Good Samaritan Health
Systems. (Not included in this Development Plan)
·
An
ingress-egress easement for truck deliveries from 44th Street north to the existing warehouse that is
located behind the existing Builder’ retail store.
·
Building
alterations to the existing Builder’s retail store including building expansion
and changing the front door orientation to face south onto the new parking lot.
Internal programming changes will provide consumer showcase displays while
maintaining contractor sales and administrative functions in the same
building. The existing warehouse building will also be expanded.
·
Construction of
a stormwater detention facility to handle the run-off from the entire campus.
The campus will be graded in a series of building pads that
are terraced or stepped down to account for changes in grade across the site.
Deliveries will arrive via the aforementioned ingress-egress easement to the
existing warehouse. Inventory will then be shuffled between the old and new
warehouse internally. The proposed warehouse will be approximately 24 feet in
height at the eave and 29.5 feet tall at the roof peak. Construction materials
include a seven foot tall band of split-faced block on the north and south
facades and full two story application of the split-face CMU on the east
elevation. Another building may someday be constructed to the west of the
proposed drive thru facility.
Other considerations include:
a)
No new accesses
will be allowed from 2nd
Avenue.
b)
The existing
parking on the frontage road is shown to be removed and replaced with detention
area and landscaping.
c)
At the Planning
Commission hearing, parking calculations provided by the applicant did not agree
with computations calculated by city staff. The Applicant indicated that all
parking discrepancies would be resolved prior to the City Council hearing.
Revised plans have been submitted showing adequate off-street parking for the
campus. 297 spaces are provided while 294 are required. A new parking lot at
the southwest corner of the campus has been added to meet the requirements.
Builder’s has a past history of using required parking for storage and
stockpiling of inventory. It should be noted that all required off-street
parking spaces shall be free of obstruction and usable by employees or the
public at all times.
d)
Underground
irrigation is required for all commercial landscaped areas.
e)
The frontage
road is a private street. Even though the Owners indicate otherwise, Staff
anticipates that there will be vehicles stacked into the street since the
setback is only 50 feet (pickups with flatbed trailers, etc.) Although not
desirable, this situation is tenable on a private street, whereas it would be a
major concern on a street that is public.
f)
The City
Engineer has requested spot elevations at the top end and bottom end of the
proposed detention cell.
g)
Signs must
comply with the Unified Land Development Ordinance and require a separate
permit.
h)
The future
building to the west was presented to Planning Commission and City Council a
few years ago as a Planned Development project. It was approved with a gross
floor area of 18,800 square feet. The current set of plans show the same
building at 29,775 square feet. Because of the increase in size, approval of
the west building will require future submission, review and approval of
Development Plans.
Dick Stacy from Miller & Associates presented this
matter to the Council. He stated since the Planning Commission, they have
resubmitted documents with most of these requirements covered. They were
willing to comply with all of the recommendations. They have provided a new
campus plan, showing that there is no new access from 2nd Avenue and that the existing frontage
parking has been removed and made into a detention cell. Regarding the off
street parking, which must be free of obstructions, the parking stalls have
been eliminated that were designated in the garden center area and they will be
made a permanent part of this development to the west on 44th Street. That is the area of future
parking, which will be landscaped, and have underground irrigation.
Council member Buschkoetter wanted the storm cell detention
issue clarified. He said that he liked the “campus” atmosphere concept of this
plan. Mr. Stacy responded that the Director of Public Works was satisfied that
they had done the calculations, but before they do a building permit, the
elevations will be shown on the actual drawings. Mr. Stacy stated that they
have run the calculations and by taking the parking stalls out, they have more
than adequate storm detention area.
The calculations were not on the preliminary drawing.
Director of Public Works Rod Wiederspan stated that in order
to do the calculations, they need the elevation. They will look at those prior
to the building permit, but from the preliminary plans, it shows that there are
increased detentions.
Mayor Blankenship addressed the concern of “stacking” in the
drive thru line for this facility. He said he was convinced by the explanation
made that there would not be any problems. Their intention is to get the
customer into the facility, load, and leave. Mr. Stacy responded that if
stacking were to occur, Mr. Anderson would be the first one with a solution.
The last thing they want is to have people unable to get into their facility.
They have viewed other facilities where it has not been a problem historically.
There was no one present in opposition to this hearing.
Moved by Blankenship seconded by Kearney to close the
hearing and approve the Application submitted by Myron Andersen for Andersen,
Ltd. and Health System Enterprises (Applicant and Owner) for Planned District
Development Plan Approval for the construction of a warehouse facility on
property to be zoned “District C-2/PD, Community Commercial/Planned Development
Overlay District” and described as Lot 1, Regency Acres Third Subdivision, Lots
1, 2 and 3 of Block 1, Windsor Estates Seventh Subdivision, all of Lot 1 and
part of Lot 2, Deyle Charitable Trust, all in the City of Kearney, Buffalo
County, Nebraska (4500 2nd Avenue) and approve Resolution No. 2003-35 subject
to compliance of the following terms and conditions: (1) No new accesses shall
be allowed from 2nd Avenue; (2) The existing parking spaces on the frontage
road adjacent to 2nd Avenue shall be removed and replaced with a detention area
and landscaping; (3) The 294 required off-street parking spaces, including
existing and new spaces, shall be free of obstructions and usable by employees
or the public for parking at all times; (4) The area labeled “future parking”
south of the warehouse facility shall be part of the development plan to
provide the required 294 off-street parking stalls; (5) Underground irrigation
is required for all commercial landscaped areas; (6) The spot elevations at the
top and bottom end of the detention cell shall be provided prior to building
permits being issued; (7) Signs must comply with the Unified Land Development
Ordinance and require a separate permit; and (8) The future building to the
west was presented to Planning Commission and City Council a few years ago as a
Planned Development project. It was approved with a gross floor area of 18,800
square feet. The current set of plans show the same building at 29,775 square
feet. Because of the increase in size, approval of the west building will
require future submission, review and approval of Development Plans. Roll call
resulted as follows: Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter. Nay: None. Motion carried.
RESOLUTION
NO. 2003-35
WHEREAS, Myron Andersen
for Andersen, Ltd. and Health System Enterprises (Applicant and Owner) have
applied for Development Plan Approval for the construction of a warehouse
facility on property to be zoned “District C-2/PD, Community Commercial/Planned
Development Overlay District” and described as Lot 1, Regency Acres Third
Subdivision, Lots 1, 2 and 3 of Block 1, Windsor Estates Seventh Subdivision,
all of Lot 1 and part of Lot 2, Deyle Charitable Trust, all in the City of
Kearney, Buffalo County, Nebraska (4500 2nd Avenue).
NOW, THEREFORE, BE IT RESOLVED by
the President and City Council of the City of Kearney, Nebraska, that the
application of Myron Andersen for Andersen, Ltd. And Health System Enterprises
(Applicant and Owner) for Development Plan Approval for the construction of a
warehouse facility on property to be zoned “District C-2/PD, Community
Commercial/Planned Development Overlay District” and described as Lot 1,
Regency Acres Third Subdivision, Lots 1, 2 and 3 of Block 1, Windsor Estates
Seventh Subdivision, all of Lot 1 and part of Lot 2, Deyle Charitable Trust,
all in the City of Kearney, Buffalo County, Nebraska (4500 2nd Avenue) be
approved subject to compliance of the following terms
and conditions:
1.
No new accesses
shall be allowed from 2nd
Avenue;
2.
The existing
parking spaces on the frontage road adjacent to 2nd Avenue shall be removed and replaced with a detention area and
landscaping;
3.
The 294 required
off-street parking spaces, including existing and new spaces, shall be free of
obstructions and usable by employees or the public for parking at all times;
4.
The area labeled
“future parking” south of the warehouse facility shall be part of the
development plan to provide the required 294 off-street parking stalls;
5.
Underground
irrigation is required for all commercial landscaped areas;
6.
The spot
elevations at the top and bottom end of the detention cell shall be provided
prior to building permits being issued;
7.
Signs must comply
with the Unified Land Development Ordinance and require a separate permit; and
8.
The future
building to the west was presented to Planning Commission and City Council a
few years ago as a Planned Development project. It was approved with a gross
floor area of 18,800 square feet. The current set of plans show the same
building at 29,775 square feet. Because of the increase in size, approval of
the west building will require future submission, review and approval of
Development Plans.
PASSED AND APPROVED THE 11TH DAY OF
MARCH, 2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
LAND USE MAP AMENDMENT – 1904 7TH AVENUE, 1904, 1908, 1910,
1920, 1921 8TH AVENUE, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917,
1919, 1920, 1921, 1924 9TH 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 Lots 7 and 12 of Block 15, Lots 4, 5, 6, 7,
9, 10, 11, 12, 13, 14 of Block 16, the North Half of Lot 2, all of Lots 3, 4, 5
of Block 17, Ashland Addition to the City of Kearney, Buffalo County, Nebraska
(1904 7th Avenue, 1904, 1908, 1910, 1920, 1921 8th Avenue, 1902, 1903, 1905,
1907, 1909, 1910, 1914, 1915, 1917, 1919, 1920, 1921, 1924 9th Avenue) and to
consider Resolution No. 2003-36. Planning Commission recommended approval.
This hearing and the next hearing were discussed together
but voted on separately.
The applicants are pursuing approval of rezoning for 17
properties located in the 1900 block of 7th Avenue, 8th Avenue, and 9th Avenue in the Pioneer Park neighborhood. These properties are zoned M-1/ND-1
but developed as residences. The applicants desire R-3 zoning which is
prevalent in the area to the north and south. 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 owners are interested in rezoning these parcels because
residential is a nonconforming use in M-1 zoning and the houses could not be
rebuilt if they were damaged by a natural disaster. In addition, financing is
not available to prospective purchasers if the owners decide to sell because of
the zoning discrepancy.
Given the current use of these properties as residential
homes, it appears that residential use is an acceptable alternative at this
location. The subject properties are adjacent to existing R-3 zoning to the
north and south. Zoning in this neighborhood ranges from residential to
commercial and light industrial. Rezoning these lots to residential will have
no affect on the continued use of other lots in the area for commercial or
industrial operations that are zoned appropriately.
Bob Chop, one of the property owners representing all owners
involved presented this matter to the Council. He stated that the Pioneer
Neighborhood Association had brought this zoning to their attention. Nothing
was discussed about it until after the hailstorm this summer when the
neighborhood started making repairs. They found this was an issue when owners
of these properties started applying for refinancing with the mortgage
companies.
Mayor Blankenship stated that this was a housekeeping item.
A number of these areas, as they have gone through the process, have been
inadvertently zoned to another area. As it is currently zoned, if there were a
fire or a natural disaster, they would not be able to rebuild their homes
there. Also financing would not be able to be secured for residential. The area
has always been residential and will continue to be residential.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Buschkoetter 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 Lots 7 and 12
of Block 15, Lots 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 of Block 16, the North Half
of Lot 2, all of Lots 3, 4, 5 of Block 17, Ashland Addition to the City of
Kearney, Buffalo County, Nebraska (1904 7th Avenue, 1904, 1908, 1910, 1920,
1921 8th Avenue, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917, 1919,
1920, 1921, 1924 9th Avenue) and approve Resolution No. 2003-36. Roll call
resulted as follows: Aye: Blankenship, Zapata, Hadley, Buschkoetter, Kearney. Nay: None. Motion carried.
RESOLUTION
NO. 2003-36
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 Lots 7 and 12 of Block 15, Lots 4, 5, 6, 7, 9, 10, 11, 12,
13, 14 of Block 16, the North Half of Lot 2, all of Lots 3, 4, 5 of Block 17,
Ashland Addition to the City of Kearney, Buffalo County, Nebraska (1904 7th
Avenue, 1904, 1908, 1910, 1920, 1921 8th Avenue, 1902, 1903, 1905, 1907, 1909,
1910, 1914, 1915, 1917, 1919, 1920, 1921, 1924 9th 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 Lots 7 and 12 of Block 15, Lots 4, 5, 6, 7, 9, 10, 11, 12, 13, 14
of Block 16, the North Half of Lot 2, all of Lots 3, 4, 5 of Block 17, Ashland
Addition to the City of Kearney, Buffalo County, Nebraska (1904 7th Avenue,
1904, 1908, 1910, 1920, 1921 8th Avenue, 1902, 1903, 1905, 1907, 1909, 1910,
1914, 1915, 1917, 1919, 1920, 1921, 1924 9th Avenue).
PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
REZONING – 1904 7th
Avenue, 1904, 1908, 1910, 1920, 1921 8th Avenue, 1902, 1903, 1905, 1907, 1909,
1910, 1914, 1915, 1917, 1919, 1920, 1921, 1924 9th Avenue
Mayor Blankenship opened the public hearing on the Application
submitted by Lori Jean Trompke, Melinda L. Meade, Matthew E. and Jamie S.
Lewis, John and Kathryn L. Manley, Sheryl A. Stansberry, Jacqueline and Kristen
Krueger, Darin Brown, Marvin D. Fisher, Jr., Amanda C. Bean for Bean Rentals,
Inc., Judy K. Eilers, Doris Voncile Brown, Jean M. Deke, David and Diana Jones,
Shari Hofmann, Charles Thomas Workman, Daniel T. and Amber Scott, Robert L. and
Brenda J. Chop (Applicants and Owners) to rezone from “District M-1/ND-1,
Limited Industrial/Pioneer Park Neighborhood Conservation Overlay District” to
“District R-3/ND-1, Urban Residential Multi-Family (Medium Density)/Pioneer
Park Neighborhood Conservation Overlay District” property described as Lots 7
and 12 of Block 15, Lots 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 of Block 16, the
North Half of Lot 2, all of Lots 3, 4, 5 of Block 17, Ashland Addition to the
City of Kearney, Buffalo County, Nebraska (1904 7th Avenue, 1904, 1908, 1910,
1920, 1921 8th Avenue, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917,
1919, 1920, 1921, 1924 9th Avenue). 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 Lori Jean Trompke, Melinda L.
Meade, Matthew E. and Jamie S. Lewis, John and Kathryn L. Manley, Sheryl A. Stansberry,
Jacqueline and Kristen Krueger, Darin Brown, Marvin D. Fisher, Jr., Amanda C.
Bean for Bean Rentals, Inc., Judy K. Eilers, Doris Voncile Brown, Jean M. Deke,
David and Diana Jones, Shari Hofmann, Charles Thomas Workman, Daniel T. and
Amber Scott, Robert L. and Brenda J. Chop (Applicants and Owners) to rezone
from “District M-1/ND-1, Limited Industrial/Pioneer Park Neighborhood
Conservation Overlay District” to “District R-3/ND-1, Urban Residential
Multi-Family (Medium Density)/Pioneer Park Neighborhood Conservation Overlay
District” property described as Lots 7 and 12 of Block 15, Lots 4, 5, 6, 7, 9,
10, 11, 12, 13, 14 of Block 16, the North Half of Lot 2, all of Lots 3, 4, 5 of
Block 17, Ashland Addition to the City of Kearney, Buffalo County, Nebraska
(1904 7th Avenue, 1904, 1908, 1910, 1920, 1921 8th Avenue, 1902, 1903, 1905,
1907, 1909, 1910, 1914, 1915, 1917, 1919, 1920, 1921, 1924 9th Avenue). Roll
call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None. Motion
carried.
AMEND
SECTION 9-501 OF THE CITY CODE PERTAINING TO MOVING BUILDINGS
Mayor Blankenship opened the public hearing on the proposed
amendment to Section 9-501 “General Requirements; Permits Required” of Article
5 “Moving Buildings” of Chapter 9 “Public Works” of the Code of the City of
Kearney to allow moving of structures within the City with requirements set by
City Codes and Life Safety and not neighborhood opinion. Planning Commission
recommended approval as presented but add language that would establish the
maximum elevation of the foundation for moved in buildings not to exceed the
garden level specifications and that the details for the amendment be worked
out between staff and the trades prior to the Council meeting and that the
requirement of a legal description of the moved to property be added to the
amendment.
The applicant is pursuing approval of an amendment to
Chapter 9 of the City of Kearney Municipal Code as it regulates moving houses
from one location to another, either within the city or from outside the city
into the city.
Chapter 9, Article 5 lists the requirements to be met in
order for a house to be moved on to a vacant lot within the city’s
jurisdiction. This code section requires the City inspectors to perform a
pre-move inspection so the owner has an idea of the extent of improvements and
associated costs that may be anticipated. This section also requires
signatures of consent from surrounding neighboring property owners. One of the
requirements is for consent signatures of 100 percent of the property owners
abutting the subject property not separated by a street or alley. In addition
75 percent of the property owners within 150 feet of the proposed lot separated
by a street, another lot, or alley are also required. The question here
becomes one of property rights. If a lot owner has the right to control what
happens on the lots around him/her to what extent should that power be granted?
Some people who are active in the business of house moving
believe that the signature requirements are unfair and represent a built-in
bias for someone who doesn’t want a house moved in. For example, there is no
method of protest if a new house were to be constructed on the lot assuming all
zoning, city permits and procedures are followed. Similarly, a manufactured
home could be moved on to the lot with no rights of neighborhood protest if it
met all requirements. The adjacent lot owners have no say. But when it
becomes a moved-in house the rules are different.
The applicant is proposing removal of the language requiring
neighbors’ signatures while expanding the scope of the pre-move inspection to
hopefully address the neighbors’ primary concerns.
The proposed language for a pre-move inspection that would
cover the following items:
·
Life safety
issues such as egress windows
·
Electrical
Ground Fault Protection
·
Smoke Detectors
·
DVW Piping and
Vents
·
Stairway
Standards
·
Exterior Siding
shall be brought up to standards of surrounding structures
The majority of these items are covered in one way or
another under the existing language, but the last two are new. In addition to
those items listed above, City staff discussed the proposal prior to the
Planning Commission meeting and believed that the following items should also
be addressed:
·
Legal
description of the subject property
·
Foundations of
moved-in dwellings shall be limited to some reasonable height (24 inches
suggested) so that they are compatible with the neighboring structures.
There was a great deal of discussion at the Planning
Commission meeting regarding the height of exposed foundations for moved in
houses. In order to optimize the living space and in order to provide natural
light, some of the moved in dwellings have been placed on foundations that
appear excessively tall and out of character with the rest of the
neighborhood. An eight-foot tall exposed foundation of concrete block with a
one or two-story house on top overwhelms the existing homes around it. The
exposed block face is not particularly attractive either. Staffs’ opinion was
that the exposed foundation should be no more than 24 inches higher than the
average grade of the adjacent houses on the same side of the block. The
applicants explained that a “garden level” foundation is a commonplace practice
and desirable since it allows natural light into the basement but would not
result in an unsightly or incompatible end product. Garden level basements are
basically half in and half out of the ground or to put it another way, four
feet buried and four feet exposed. Obviously, the staff recommended limitation
of 24 inches will not work to accommodate garden level basements. The revised
language will allow garden level basements but restricts the amount of exposed
block to 24 inches on all street-facing facades.
The Planning Commission recommended approval of an amendment
to code, directing the City Planning Staff to work with the applicants to
develop suitable language to forward to the City Council for the amendment based
on the discussions at the Planning Commission meeting. The proposed language
was presented and also language recommending removing the signature requirement
from the code while restricting the height of the basement to garden level and
the height of the exposed concrete block on the basement to 24 inches.
Tracy Cook presented this matter to the Council. He stated
that he represents a group of people that would like to amend this code.
Everyone that he represents is in agreement on the heights.
Director of Public Works clarified that the height must be
two-foot of smooth face exposed block. If they go to a garden level type
basement, everything on the curbside would need to be finished with either a
lap siding to match the house or with brick or stone. It cannot be just a
smooth face block showing.
Council member Kearney asked if there would be any redress for the property owners in the future?
Currently signatures of 100 percent of the adjacent owners are required to
approve moving in a house. Since this change will eliminate that requirement,
he wanted to know where a property owner would go to address a concern about a
house being moved in that they believe is unsatisfactory for the site. He also
asked what rights a property owner would have in that situation.
Director of Public Works stated that the way it is
presented, there is not a signature requirement and the neighboring property
owners do not have any objectionable rights. The intent is that the house is
supposed to be brought up to the standards of the neighborhood. There will not
be an ability to sign off on it as the amendment is written. The only
stipulation is that the house must meet City codes.
Council member Buschkoetter pointed out that it would be no
different than buying a lot with plans to build a home as long as it meets
code. Unless there is a covenant governing a particular area, there are no
restrictions to what kind of home a person can build. He didn’t believe that
it is any more “dangerous” or has fewer property rights because of a home being
moved in versus constructing a home on site.
Mr. Cook stated that most of the new subdivision or the more
expensive neighborhoods are covenanted against any kind of homes being moved
in, whether it is a manufactured or a home being moved from another site.
There are economics to be considered, such as the moving costs and the price of
the lot must be feasible. He said there have been situations where neighbors
have refused to allow a house to be moved in next to their property even though
the house was nicer than those in the neighborhood.
Council member Zapata stated that according to this
amendment, City Codes and life safety type standards set the requirements for
these homes. He asked for further explanation and believed it was important
that the safety factors be included in this amendment.
Director of Public Works stated that typically the Chief
Building Official would go out and inspect the home. It will be inspected for
life safety issues; termite damage, dry rot, GFCI protection, and egress
windows. This is similar to what the City has done regarding the apartments.
However, they would not require complete rewiring or replumbing of the entire
house.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Zapata to close the hearing and
approve the proposed amendment to Section 9-501 “General Requirements; Permits
Required” of Article 5 “Moving Buildings” of Chapter 9 “Public Works” of the
Code of the City of Kearney to allow moving of structures within the City with
requirements set by City Codes and Life Safety and not neighborhood opinion, to
include the requirement of a legal description of the moved to property and to remove
the signature requirement from the code while restricting the height of the
basement to garden level and the height of the exposed concrete block on the
basement to 24 inches. Roll call resulted as follows: Aye: Blankenship, Buschkoetter,
Kearney, Zapata, Hadley. Nay: None.
Motion carried.
LIQUOR
LICENSE – THE ROMAN, 2004
CENTRAL AVENUE
Mayor Blankenship opened the public hearing on the
Application for a Class “C” (Beer, wine, and distilled spirits – On and Off
Sale) Liquor License submitted by T.E. SHELDON, dba “The Roman” located at 2004
Central Avenue, consider Application for Corporate Manager of William Sheldon,
and to consider Resolution No. 2003-37. Administration recommends approval
subject to the basement being used as storage purposes only.
The Sheldon’s have requested to amend an existing liquor
license at their place of business, The Roman restaurant. The amendments would
be for (1) William to become the manager; (2) the license includes both on and
off sale, and; (3) the license includes the basement for the purpose of storage
of alcoholic beverages, (stock).
The Roman is an existing business with a current on sale
only license. There is no record of any liquor violations on this license and
the applications are complete as presented. A background investigation on the
application has been conducted. Concerns regarding the inclusion of the second
story of the business have been addressed. The Sheldons’ have indicated they
have no intention of using the second floor for the business until it has been
renovated and meets code requirements. They also indicated they are not
prepared to make these renovations at this time. The business has operated
within the requirements of City Code and State statutes while in existence.
The off sale aspect of alcohol will be to customers for bottled wine and
spirits. William Sheldon does qualify for the manager position.
William Sheldon presented this matter to the Council. He
stated that the phrase he used on their Liquor License application was
“complete main floor only of 10x25’ two story building with basement” and his
intention was approval for the main floor only. He stated if the Council
wanted to add the phrase “basement approved for the purpose of storage only”
that was in excess of what he requested. All they want is the main floor
licensed and to change their classification to a “Class C” in order to sell
wine off sale. The Liquor License, approved a year ago, did include the phase
about the basement. They are not going to be using it, so he did not believe
it was necessary.
Council member Buschkoetter stated that the basement phrase
is for clarification purposes. He said over the years, his parents have owned
liquor licenses and that is a common phrase used on these licenses. There is
the possibility that as business increases, there might be a need to change
storage areas. He just wanted to be sure that everyone was on the same page
about why the phrase was included. It is just for clarification purposes.
Mayor Blankenship stated that “The Roman” has been in
business for over a year and have a good track record, which he trusts will
continue in the future.
There was no one present in opposition to this hearing.
Moved by Zapata seconded by Blankenship to close the hearing
and approve the Application for a Class “C” (Beer, wine, and distilled spirits
– On and Off Sale) Liquor License submitted by T.E. SHELDON, dba “The Roman”
located at 2004 Central Avenue, consider Application for Corporate Manager of
William Sheldon, and approve Resolution No. 2003-37 subject to the basement
being used as storage purposes only. Roll call resulted as follows: Aye:
Blankenship, Kearney, Zapata, Hadley, Buschkoetter.
Nay: None. Motion carried.
RESOLUTION
NO. 2003-37
WHEREAS, T.E. SHELDON, dba “The Roman” has filed
with the Nebraska Liquor Control Commission and the City Clerk of the City of
Kearney, Nebraska, an application for a Class ‘C’ (Beer, Wine and Distilled
Spirits – On and Off Sale) Liquor License to do business at 2004 Central
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 March
11, 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 Class ‘C’ (Beer, Wine, and Distilled Spirits – On and Off Sale) Liquor
License to T.E. SHELDON, dba “The Roman” located at 2004 Central Avenue,
Kearney, Nebraska subject to the basement being used for storage purposes only.
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 11TH DAY OF MARCH,
2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
IV. CONSENT AGENDA
Moved by Blankenship seconded by Kearney that Subsections 1 through 7 of
Consent Agenda Item IV be approved. Roll call resulted as follows: Aye:
Blankenship, Zapata, Hadley, Buschkoetter, Kearney. Nay: None. Motion carried.
1. Approve Minutes of Regular Meeting of February 25, 2003.
2. 3-Lee's $2,190.00
Su; A Affordable Travel $541.50 Tr; Accu-Cut $227.25 Su; Ace Hardware $57.67
Su; AFLAC $1,706.98 Ded; Albright, D $110.09 Tr; Alltel $768.99 Various;
Amazon.Com $77.90 Bks; Amer Backflow Prevention Assoc $40.00 Dues; Amer Fence
$23,117.26 Fence; Amer Planning Assoc $605.00 Serv; Andersen's Outdoor Power
$528.78 Various; Anderson Brothers $349.28 Various; Artic Refrigeration $146.50
Rep; Aspen Publishers $139.00 Su; B&J's Gas $19.50 Su; Baker & Taylor
$2,356.39 Bks; Bamford $290.00 Su; Bath & Body Works $28.00 Comm
Betterment; BBC Audiobooks $143.45 Bks; Becker, G $7.50 Inv; Bennett, T
$1,166.25 Serv; Bex Incorporated $53.07 Su; Blackstone Audiobooks $6.00 Bks;
Bob's Super Store $37.77 Su; Books on Tape $406.80 Bks; Bosselman Oil
$11,753.00 Inv; Bound to Stay Bound Books $99.05 Bks; Boxwood Technology
$150.00 Serv; Brill, K $30.00 Reim; Bruha, $29.40 Tr; Buffalo Co District Court
$129.00 Ded; Buffalo Co Reg of Deeds $20.50 Various; Buffalo Co Treasurer
$184.08 Various; Buggy Bath Car Wash $59.50 Rep; Builder's How-to-Warehouse
$2,289.14 Su; Butler, Voigt & Stewart $168.00 Serv; Canada Life Assurance
$2,227.79 Ded; Carrothers Construction $104,249.48 Serv; Casey's General Store
$17.15 Su; Cash-Wa $265.37 Su; CDW Gov't $956.84 Various; CED $21.50 Rep;
CED/American Electric $1,063.84 Su; Central Hydraulic System $250.57 Su;
Central NE Bobcat $1,572.38 Inv; Central Platte NRD $254,736.02 Various; CHAD
$4.00 Ded; Charter Communications $42.55 Serv; Child's World $123.04 Bks; City
Glass $59.00 Rep; City of Ky $799,803.08 Various; Claire's Boutiques $20.00 Comm
Betterment; CLH $309.00 Serv; College Savings Plan of NE $260.00 Ded; Computer
Pro's $32.95 Su; Computer Warehouse #4 $39.00 Su; Computerized Fleet Analysis
$3,695.00 Equip; Conseco Life Insurance $38.00 Ded; Construction Rental $1.02
Su; Copy Cat $763.68 Su; Cornhusker Cleaning Systems $110.43 Su; Cornhusker
Hotel $276.60 Tr; Corporate Diversified Services $71,670.57 Various; Crossroads
Ford $60.41 Inv; Culligan $283.49 Su; Cummins Great Plains $75.34 Inv;
Danielson, S $127.36 Tr; Dannehl's $28.50 Su; Davidson Jewelry $259.90
Incentives; Dell $1,865.00 Capital Imp DEMCO $112.68 Serv; Development Council
$3,750.00 Serv; D'Milaco Sports $114.00 Su; Don's Appliance $78.44 Rep; Don's
Pioneer Uniforms $1,534.35 Cla; Double M Farms $2,000.00 Composting; Dubs
$24.99 Su; Dultmeier Sales $138.96 Su; Dutton-Lainson $5,150.66 Various;
E&S Tool $359.95 Rep; Eakes Office Plus $2,134.60 Su; Eckhoff, N $110.09 Tr;
Ehrhart Griffin & Assoc $3,877.90 Serv; Eileen's Colossal Cookies $28.00
Su; Eirich, T $40.00 Reim; Elliott Equipment $244.20 Inv; English, C $135.99
Various; Envirotech Services $24,113.30 Su; Exhaust Pros $17.50 Inv; Expression
Wear $559.94 Cla; Facts on File $68.85 Bks; Fairbanks Int'l $1,050.97 Various;
Farm Plan $361.25 Su; Farmers Union Coop $321.10 Su; Fast Mart $18.45 Su; Fastenal
$232.17 Inv; Faz, A $100.00 Tr; Federal Signal $100.05 Inv; Fedex $28.70 Pstg; Fiddelke
Htg $369.50 Rep; Foot-Joy Drawer $45.88 Inv; Fowler, L $3.75 Su; Fremont Nat'l
Bank $34,471.64 Ded; Frontier $421.28 Serv; Gary's I-80 $211.00 Serv; Gateway
2000 $14,818.00 Grant; Gordon's Small Engine Rep $20.58 Inv; Graham Tire
$568.48 Inv; Grainger $216.71 Su; Grand Central IGA $27.44 Su; Great Lakes
$603.00 Tr; Grimes, J $30.00 Reim; H&G Cleaners $264.57 Serv; H T E
$7,425.00 Equip; Handspring $58.49 Su; Happ, L $100.00 Containers; Harris
Publishing $400.00 Su; Heartland Motor Sports $44.79 Su; Hobby-Lobby $10.02 Su;
Holiday Inn Omaha Central $973.72 Tr; Holiday Inns $87.95 Tr; Holmes Plumbing
$1,226.23 Rep; Hometown Leasing $206.00 Capital Imp; Horizon Users Group $95.00
Tr; Huffy's Airport Windsocks $191.80 Rep; ICBO $50.00 Serv; ICMA RC $2,442.81 Ded;
IRS $78,077.65 Ded; Interstate Batteries $621.58 Su; Intuit Online Sales $78.70
Su; ITT Rule $100.00 Inv; Jack Lederman & Co $825.98 Su; Jacobsen, Orr,
Nelson & Wright $1,000.00 Serv; Jamar Technologies $40.48 Inv; James, D
$29.40 Tr; JC Penney $64.17 Su; JJE $278.00 Various; Johnson, A $123.41 Tr;
JR's Western $288.00 Su; K&K Parts $407.09 Inv; K Mart $106.22 Su; Ky Area
Chamber of Commerce $12.00 Serv; Ky Area Solid Waste Agency $54,877.37 Tipping
Fees; Ky Area United Way $596.58 Various; Ky Centre Vac $368.90 Su; Ky Family
YMCA $1,437.28 Various; Ky Implement $311.97 Su; Ky Tire $117.06 Inv; Ky Winlectric
$9.84 Su; Ky Yamaha $7,757.08 Various; Kelley, M $74.61 Tr; Kelly Electric
$1,353.00 Su; Killion Motors $2,533.58 Various; Kirkham Michael $9,043.31 Serv;
L&W Tires & Treads $72.36 Rep; L&W Service Center $415.00 Su; Labsafe
$59.60 Inv; Lamp, Rynearson & Assoc $1,204.37 Serv; Laser Art Design $42.00
Su; Laser Tec $129.00 Capital Imp; Law Enforcement Accessories $425.25 Cla; Law
Enforcement Training Center $120.00 Tr; Lawson Products $856.01 Various; LCL
Truck Equipment $6,936.92 Various; LARM $2,555.70 Prem; Lifeguard Store $370.00
Su; Lockmobile $6.00 Inv; Loebig, P $80.00 Tr; Lynn Peavey $94.90 Various; Lyon
Workspace $462.69 Rep; Manary, M $80.00 Tr; Marlatt Machine Shop $13,441.58
Various; Martinosky, M $50.00 Reim; Matthews Medical Books $37.46 Bks;
McLaughlin, S $200.00 Reim; Meadowbrook Ins. Group $2,110.00 Prem; Medical Air
Products $70.04 Inv; Michael Todd $62.96 Inv; Mid America Pay Phones $200.00 Serv;
Midas $212.90 Rep; Midwest Laboratories $200.00 Serv; Midwest Region ICPC
$80.00 Tr; Midwest Turf $180.39 Rep; Miller & Associates $4,397.45 Serv;
Miller Signs $120.00 Rep; Miller, D $12.00 Reim; Misko Sports $97.50 Su;
Mitchell 1 $265.30 Serv; MPLA $63.00 Tr; Mr. Automotive $1,937.07 Su; NAPA All
Makes Auto $501.77 Su; Nat'l Waterworks $1,274.52 Inv; NE Child Support
$1,192.79 Ded; NE Dept of Aeronautics $370.00 Rev Loan Fund; NE Dept of Revenue
$21,286.56 Ded; NE Dept of Roads $9,299.38 Serv; NE Golf Assoc $25.10 Dues; NE
Truck Center $78,331.88 Various; North Central Lab $31.34 Rep; Northern Safety
$404.56 Su; Northwest Electric $142.50 Su; Northwestern Energy $10,249.14 Serv;
Novus Windshield Repair $70.00 Various; NPPD $4,827.21 Serv; Office Max $549.46
Su; Officenet $1,807.47 Various; Old Navy $15.00 Su; O'Reilly $189.59 Inv; Orscheln
Farm $356.36 Various; Overhead Door $1,403.45 Rep; P.E.P. $47.25 Rep; Park Seed
$124.78 Su; Pat's Plumbing $47.29 Rep; Patterson, B $52.32 Pstg; Pesticide
Applicator Training $115.00 Reg; Petroleum Equipment $186.75 Inv; PGA Golf Shop
$216.20 Inv; Platte Valley Comm $4,145.48 Various; Polk Directories $246.00 Su;
Portable Computer Systems $237.00 Su; Preferred Mail $92.96 Pstg; Prescott, J
$117.65 Tr; Presto-X $118.00 Various; QT 579 $16.72 Su; Quad-C Consulting
$1,710.00 Serv; R&B Supply $270.98 Su; Radio Shack $75.92 Su; Raynor Garage
Doors $132.60 Rep; ecorded Books $917.40 Bks; Redman's Shoes $98.23 Su; Reserve
Account $6,000.00 Pstg; Respond First Aid System $25.50 Su; Richardson, M
$116.38 Tr; Riverside Animal Hospital $981.25 Serv; Safety-Kleen $193.25 Rep;
Sage, P $42.18 Cla; Sahling Kenworth $189.58 Inv; School Dist #7 $1,751.30
Remittance; See Clear Cleaning $1,800.00 Serv; Sherwin Williams $175.82 Su;
Shirt Shack $836.00 Su; Showcases $70.85 Serv; Skillpath/ Compumaster $298.00
Dues; Solid Waste Equipment $12,575.00 Containers; Sport Supply Group $91.19
Su; Sprint $4.13 Serv; Stagecoach $18.00 Su; Subway Store $55.12 Su; Surface
Solutions $420.00 Rep; Swanson, K $110.09 Tr; Syndistar $203.00 Su; T&B
Cleaning $2,600.00 Serv; Target $339.02 Su; Texaco $23.27 Su; Thome, B $80.00 Tr;
Titleist Drawer $138.75 Inv; Tollefsen Elliott Lumber $1,068.78 Su; Tool Doctor
$41.00 Rep; Tractor Supply $434.71 Various; U Save Foods $21.28 Su; Ultimate
Super Sport $25.00 Su; Underground Construction $150.00 Serv; Union Oil
$11,963.35 Inv; Unitrol $95.48 Su; Univ of NE Tree Care $20.00 Tr; USA Blue
Book $110.58 Su; USPS $82.41 Pstg; Utility Equipment $642.92 Inv; Vermont
Systems $782.00 Equip; Video Service of America $377.80 Serv; Village Cleaners
$93.00 Cla; Visionary Systems $280.00 Capital Imp; Wagner Irrigation $279.16
Su; Waldenbooks $70.00 Su; Walgreen $3.18 Su; Walmart Supercenter $684.77 Su;
Warrington, D $9.85 Tr; Water Safety Products $21.00 Su; Wellness Councils of
America $82.18 Wellness Program; Wessels, W $81.95 Tr; Westfall GMC Parts
$59.55 Inv; Wilke, C $100.00 Tr; Wilke-Donovan's True Value $301.42 Various;
Windswept Enterprises $29.95 Bks; World Cycling Productions $24.65 Bks; Xerox
$254.00 Serv; Yellow Van Cleaning $140.00 Rep; Zimmerman Printers $1,069.95
Various; Payroll Ending 2-22-2003 -- $225,398.14. 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 Developer Constructed Infrastructure
Agreement for Camron First Addition between the City of Kearney and Gene McElhinny and Tim Norwood
and approve Resolution No. 2003-38.
RESOLUTION
NO. 2003-38
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF
THE CITY OF KEARNEY, NEBRASKA, that the agreement entitled “Camron First Addition
Developer Constructed Infrastructure Agreement”, a copy of which marked Exhibit
1 is attached hereto, negotiated by and between the City of Kearney and Gene McElhinny
and Tim Norwood, 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.
BE IT FURTHER RESOLVED that no building permits
will be issued until the design of the stormwater detention system is finalized,
including plans and computations are submitted to the City.
BE IT FURTHER RESOLVED that an eight-foot wide
hike-bike trail shall be installed on the west side of Avenue N as the lots
develop; the City will pay for four feet of the proposed trail and the
Developer will pay for four feet.
PASSED AND APPROVED THIS 11TH DAY OF MARCH,
2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
4. Approve the Application for a Special Designated
License submitted by STEVE AND JONI PAULSEN, dba “The Sand Bar” in connection
with their Class C/K28462 Liquor License to dispense beer, wine and distilled
spirits in the Ag Pavilion at the Buffalo County Fairgrounds, 3807 Avenue N, on
March 29, 2003 from 4:00 p.m. until 1:00 for the Pheasants Forever Banquet.
5. Approve Application and Certificate for Payment
No. 1 in the amount of $11,285.45 submitted by Concrete Workers, Inc. for the 2002
Part III Improvements consisting of Paving Improvement District No.
2001-859 for the alley between 26th Street
and 27th Street from 1st Avenue to 2nd
Avenue and approve
Resolution No. 2003-39.
RESOLUTION
NO. 2003-39
WHEREAS, Concrete Workers, Inc. has
performed services in connection with the 2002 Part III Improvements
consisting of Paving Improvement District No. 2001-859 for the alley between 26th
Street and 27th Street from 1st Avenue to 2nd Avenue, and the City’s engineer, Kirkham
Michael Consulting Engineers, have filed with the City Clerk Application and
Certificate for Payment No. 1 in the amount of $11,285.45 as shown on Exhibit
“A” attached hereto and made a part hereof by reference and as follows:
Original
Contract Sum
|
$35,758.15
|
|
Change Order No. 1
|
-21,430.75
|
|
Contract Sum to Date
Total Completed and Stored to Date
Retainage
Total Earned Less Retainage
Less Previous Payments
Current Payment Due
|
$14,327.40
$14,327.40
3,041.95
11,285.45
.00
$ 11,285.45
|
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 11TH DAY OF MARCH,
2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
6. Approve Change Order No. 2 for an increase in the
amount of $20,770.00, Application and Certificate for Payment No. 4 in the
amount of $40,561.86 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. 2003-40.
RESOLUTION
NO. 2003-40
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 Change Order No. 2 showing an
increase in the amount of $20,770.00 as shown on Exhibit “A” attached hereto
and made a part hereof by reference; and
WHEREAS, Midlands Contracting, Inc.
and the City’s engineer, Miller & Associates, have filed with the City
Clerk Application and Certificate for Payment No. 4 in the amount of $40,561.86 as shown on Exhibit “B”
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)
Change Order No. 2 (03-11-2003)
|
+ 62,330.00
+ 20,770.00
|
|
Contract Sum to Date
Total Completed and Stored to Date
Retainage
Total Earned Less Retainage
Less Previous Payments
Current Payment Due
|
$1,212,112.50
$1,125,449.05
56,272.45
1,069,176.60
1,028,614.74
$ 40,561.86
|
NOW, THEREFORE, BE IT RESOLVED by the President
and Council of the City of Kearney, Nebraska, and hereby find and determine
that Change Order No. 2 as shown on Exhibit “A”, and Application and
Certificate for Payment No. 4, as shown on Exhibit “B”, be and are hereby
accepted and approved.
PASSED AND APPROVED THIS 11TH DAY OF MARCH,
2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
7. Approve the request submitted by Julie Spiers on
behalf of Kidz Explore to block off a portion of Platte Road, specifically from the first entrance of the arena parking
lot to the west where the pavement ends, on April 26, 2003 from 9:00
a.m. until 6:00 p.m. and on April 27, 2003 from 12:00 p.m. until 5:00 p.m.
V. CONSENT AGENDA ORDINANCES
ORDINANCE
NO. 6938 – REPEAL ORDINANCE NO. 6921
Council Member Hadley vacated his chair and abstained from
voting on these two ordinances for the reason he serves on the Executive Board
for Good Samaritan Hospital.
When the project team for the Good Samaritan Hospital
expansion project was preparing the subdivision plat for the property, vacation
of existing platted lots and roads was required in order to clean up the legal
description and bring the project forward as one integrated development.
Apparently, the vacation requests that were brought forward at that time were
missing some information. Consequently, Ordinance Nos. 6921 and No. 6922 were
approved by the City Council in error. This matter is a “housekeeping” issue
to insure that the proper legal descriptions are now filed.
Ordinance Nos. 6921 and No. 6922 must now be repealed so
that the correct legal description pertaining to the vacated properties can be
approved and filed with the Register of Deeds as Ordinance Nos. 6938 and 6939.
Council Member Kearney introduced Ordinance No. 6938, being
Subsection 1 of Agenda Item V to repeal Ordinance No. 6921 and to vacate part
of Central Avenue lying north of the north line of 31st Street and south of the
north lines of Lots 22 and 23, Northwest Quarter School Section Addition; to
vacate all that part of 32nd Street as the same abuts Lot 5, abuts the east 16
feet of Lot 6, Greater Kearney Subdivision; to vacate that part of 1st Avenue abutting
Lots 4, 5, and 6 and abutting the south 52.5 feet of Lot 7, Greater Kearney
Subdivision; to vacate that part of Keiss Lane lying north of Lots 8 and 9 and
lying south of Lot 10, except the east 31 feet thereof, Bergt and Keiss
Subdivision; and to vacate all that part of Carlton Drive lying south of the
north line of Lot 12, if extended easterly, as the same abuts part of Lot 7,
and all of Lots 8 thru 12 Ragain's Subdivision, all in the City of Kearney,
Buffalo County, Nebraska, and moved that the statutory rules requiring
ordinances to be read by title on three different days be suspended and said
ordinances be considered for passage on the same day upon reading by number
only, and then placed on final passage and that the City Clerk be permitted to call
out the number of the ordinance on its first reading and then upon its final
passage. Council Member 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, Buschkoetter, Kearney, Zapata. Nay: None. Hadley
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. 6938 by number. Roll call of those in
favor of the passage of said ordinance on the first reading resulted as
follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata. Nay: None. Hadley
abstaining. Motion carried. Ordinance was read by number.
Moved by Buschkoetter seconded by Zapata that Ordinance No.
6938 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Blankenship, Kearney,
Zapata, Buschkoetter. Nay: None. Hadley abstaining. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6938 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. 6939 – REPEAL ORDINANCE NO. 6922
Council Member Kearney introduced Ordinance No. 6939, being
Subsection 2 of Agenda Item V to repeal Ordinance No. 6922 and to vacate a
portion of the following subdivisions as further described in the Ordinance:
Good Samaritan Subdivision, Northwest Quarter of School Section Addition,
Greater Kearney Subdivision, Southwest Quarter of School Section Addition,
Wiley’s Subdivision, Ragain’s Subdivision, Bergt and Keiss Subdivision, Krewsons
Subdivision, and Perkins and Harfords Strip Addition, all in the City of
Kearney, Buffalo County, Nebraska and moved that the statutory rules requiring
ordinances to be read by title on three different days be suspended and said
ordinances be considered for passage on the same day upon reading by number
only, and then placed on final passage and that the City Clerk be permitted to
call out the number of the ordinance on its first reading and then upon its
final passage. Council Member 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, Buschkoetter, Kearney, Zapata, Hadley. Nay: None. Motion
to suspend the rules having been concurred in by three-fourths of the City
Council, said motion was declared passed and adopted. City Clerk read Ordinance
No. 6939 by number. Roll call of those in favor of the passage of said
ordinance on the first reading resulted as follows: Aye: Blankenship, Buschkoetter,
Kearney, Zapata. Nay: None. Hadley abstaining. Motion carried. Ordinance was read
by number.
Moved by Buschkoetter seconded by Zapata that Ordinance No.
6939 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Blankenship, Kearney,
Zapata, Buschkoetter. Nay: None. Hadley abstaining. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6939 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. 6940 – REZONE BETWEEN 22ND STREET AND 23RD STREET AND ½ BLOCK WEST OF AVENUE Q
Council Member Hadley introduced Ordinance No. 6940, being
Subsection 1 of Agenda Item VI to rezone from “District C-3, General Commercial
District” to “District M-2, General Industrial District” property described as
Lots 8, 9, 10, 11, 12, 13 and 14 of Block 5, and one-half of the alley in Block
5, and that portion of Avenue P that abuts Lots 8 through 14, inclusive, of
Block 5, all in Whiteaker’s Grove Addition to the City of Kearney, Buffalo
County, Nebraska (between 22nd Street and 23rd Street and ½ block west of
Avenue Q), 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
Zapata 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, 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. 6940 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, Kearney. Nay: None. Motion carried.
Ordinance was read by number.
Moved by Zapata seconded by Blankenship that Ordinance No.
6940 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6940 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. 6941 – REZONE 1904 7TH AVENUE, 1904, 1908, 1910, 1920, 1921 8TH AVENUE, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917,
1919, 1920, 1921, 1924
9TH AVENUE
Council Member Hadley introduced Ordinance No. 6941, being
Subsection 2 of Agenda Item VI to rezone from “District M-1/ND-1, Limited
Industrial/Pioneer Park Neighborhood Conservation Overlay District” to
“District R-3/ND-1, Urban Residential Multi-Family (Medium Density)/Pioneer
Park Neighborhood Conservation Overlay District” property described as Lots 7
and 12 of Block 15, Lots 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 of Block 16, the
North Half of Lot 2, all of Lots 3, 4, 5 of Block 17, Ashland Addition to the
City of Kearney, Buffalo County, Nebraska (1904 7th Avenue, 1904, 1908, 1910,
1920, 1921 8th Avenue, 1902, 1903, 1905, 1907, 1909, 1910, 1914, 1915, 1917,
1919, 1920, 1921, 1924 9th Avenue), and moved that the statutory rules
requiring ordinances to be read by title on three different days be suspended
and said ordinances be considered for passage on the same day upon reading by
number only, and then placed on final passage and that the City Clerk be
permitted to call out the number of the ordinance on its first reading and then
upon its final passage. Council Member Zapata 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,
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. 6941 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,
Kearney. Nay: None. Motion carried. Ordinance was read by number.
Moved by Zapata seconded by Blankenship that Ordinance No.
6941 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6941 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. 6942 – AMEND SECTION
9-501 OF THE CITY CODE PERTAINING TO MOVING BUILDINGS
Council Member Hadley introduced Ordinance No. 6942, being
Subsection 3 of Agenda Item VI to amend Section 9-501 “General Requirements;
Permits Required” of Article 5 “Moving Buildings” of Chapter 9 “Public Works”
of the Code of the City of Kearney to allow moving of structures within the
City with requirements set by City Codes and Life Safety and not neighborhood
opinion and to remove the signature requirement from the code while restricting
the height of the basement to garden level and the height of the exposed
concrete block on the basement to 24 inches, 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 Zapata 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,
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. 6942 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,
Kearney. Nay: None. Motion carried. Ordinance was read by number.
Moved by Zapata seconded by Blankenship that Ordinance No.
6942 be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6942 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
AWARD BID - 1.5MG Elevated Water
Storage Facility Paint Restoration
Mayor Blankenship opened for discussion the bids received
for the 1.5MG Elevated Water Storage Facility Paint Restoration and to consider
Resolution No. 2003-41 awarding the bid to Neumann Company Contractors of Romeoville,
Illinois in the amount of $224,900.00.
In this year’s budget the Utilities Department included
funds for the restoration/repainting of the 1.5 Million-Gallon Water Storage
Facility located at 39th
Street and 30th Avenue. The water tower was last painted
when it was constructed in 1979. The water tower exterior needs to be
repainted and the bowl of the water tower needs to be recoated at this time to
extend the life of the facility. At the February 11, 2003 Council meeting the Council
approved the plans and specifications and authorized Administration to receive
bids for the project.
On March
4, 2003 sealed bids
were received for the 1.5 Million Gallon Elevated Water Storage Facility Paint
Restoration. Four bids were received. A bid tabulation sheet and a letter
recommending the award of the project are attached for your review. Neumann
Company Contractors of Romeoville, Illinois submitted the low bid in the amount
of $211,900.00. The engineers bid the project with two alternates. Paint System
A is included in the base bid and is for a 2 coat epoxy system in the water
tower bowl. Paint System B is the cost of Paint System A with the addition of
a zinc primer coat in the bowl. The engineers have recommended award of the
project utilizing the alternate Paint System B. Using Paint System B adds
$13,000.00 to the base bid.
$400,000.00 was included in this year’s budget for this
project. All of the bids received are below the engineer’s estimate and the
budgeted funds. There is no adverse financial impact associated with awarding
the bid for this project.
Dana Daniels from Miller & Associates presented this
matter to the Council. He stated there were four bidders. Neumann Company was
the low bidder and they are the same company that did the painting on the two
million gallon facility last year. They are a firm out of Illinois and painting is the only thing that
they do. They are not involved in any other facet of tank construction. They
preformed favorably on the facility last year and he recommended approval.
Mayor Blankenship stated he wanted to make it clear exactly
what was being done since this is a high dollar project, almost a quarter of a
million dollars. The existing tower is going to be repainted and the bowl
recoated to extend the life of the facility. Even though it sounds like a lot
of money, he pointed out it was 15 percent below the Engineer’s estimate, which
is a very competitive bid at this time.
Mr. Daniels added that the exterior paint on the tower has
preformed very well and they are not going to remove that old paint. They will
power wash the tower and overcoat it. The interior system is going to be
totally removed. There was an alternate bid for zinc, which is the first rust
inhibitive primer that the EPA has allowed in a water system since lead based
paints and vinyl systems were outlawed. For the last twenty years, it has been
epoxy systems, generally, on the inside of towers. This zinc is a sacrificial
and rust inhibitive primer and has had a good performance record for the past
ten years that it has been tested. It has been used on many facilities over
the last five years. It was an alternate and the price was favorable to
utilize this system on this tank.
Council member Hadley asked during the project how is water
distribution going to be handled? Mr. Daniels stated the tank would be drained
and they would isolate the tank with valves right outside of the facility. The
City will run completely from the two million gallon on the higher-pressure
system. The big advantage of having two facilities on the system is that
maintenance can be performed on one while the other is operational. If there
is only one facility, then there are pressure relief valves to deal with and a
lot of water is wasted because you have to have wells running continuously.
The two million gallon facility was sufficient even during the height of the
drought last year, so even during peak times it should be sufficient during
this project.
Moved by Blankenship seconded by Kearney to approve the bids received for
the 1.5MG Elevated Water Storage Facility Paint Restoration and approve
Resolution No. 2003-41 awarding the bid to Neumann Company Contractors of
Romeoville, Illinois in the amount of $224,900.00. Roll call resulted as follows:
Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley. Nay: None. Motion carried.
RESOLUTION
NO. 2003-41
WHEREAS, Miller & Associates Consulting
Engineers have reviewed the sealed bids which were opened on March 4, 2003, at
2:00 p.m. for the 1.5MG Elevated Water Storage Facility Paint Restoration
Project; and
WHEREAS, the Engineer’s Opinion of Probable
Construction Cost for the project was $273,800.00; and
WHEREAS, the said engineers have
recommended the bid offered by Neumann Company Contractors of Romeoville,
Illinois in the sum of $224,900.00 be accepted as the lowest responsible bid.
NOW, THEREFORE, BE IT RESOLVED by the President
and City Council of the City of Kearney, Nebraska that the Engineers
recommendation is hereby accepted and approved, that Neumann Company
Contractors of Romeoville, Illinois be and is the lowest responsible bidder for
the 1.5MG Elevated Water Storage Facility Paint Restoration Project to be
conducted in accordance with the plans and specifications on file with the City
Clerk and that the bid of Neumann Company Contractors of Romeoville, Illinois
in the sum of $224,900.00 be and is hereby accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of
Probable Construction Cost for the 1.5MG Elevated Water Storage Facility Paint
Restoration Project in the amount of $273,800.00 be and is hereby accepted.
BE IT FURTHER RESOLVED that the
President of the Council of the City of Kearney, Nebraska, be and is hereby
authorized and directed to execute contracts for such improvements in
accordance with the bid, plans, specifications, and general stipulations
pertaining thereto.
PASSED AND APPROVED THIS 11TH DAY OF MARCH,
2003.
ATTEST: PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
OPEN ACCOUNT CLAIMS -- NONE
There were no Open Account Claims.
VII. REPORTS
None.
VIII. ADJOURN
Moved by Kearney
seconded by Buschkoetter that Council adjourn at 8:25 p.m. Roll call resulted as follows: Aye: Blankenship, Buschkoetter,
Hadley, Kearney, Zapata. Nay: None. Motion
carried.
BRUCE
L. BLANKENSHIP
PRESIDENT
OF THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK