Kearney, Nebraska
October 9, 2007
7:00 p.m.
A meeting of the City Council of
Kearney, Nebraska, was convened in open and public session at 7:00 p.m. on
October 9, 2007, in the Council Chambers at City Hall. Present were: Stanley
A. Clouse, President of the Council; Michaelle Trembly, City Clerk; Council
Members Randy Buschkoetter, Don Kearney, Bruce Lear, and Bob Lammers. Absent:
None. Wendell Wessels, Director of Finance and Administration and as
Acting City Manager; Michael Tye, City Attorney; Amber Brown, Assistant to City
Manager; and Rod Wiederspan, Director of Public Works were also present. Some
of the citizens present in the audience included: Lance Lang, Scott Hayden,
Erika Moore, Craig Bennett, Steve Craig, Carol Craig, Laura Larsen, Mitch
Humphrey, Nathan Garst, Jack Garrison, 11 UNK Students, Steve Altmaier from
KGFW Radio.
Notice of the meeting was given
in advance thereof by publication in the Kearney Hub, the designated method for
giving notice, a copy of the proof of publication being attached to these
minutes. Advance notice of the meeting was also given to the City Council
and a copy of their acknowledgment or receipt of such notice is attached to
these minutes. Availability of the Agenda was communicated in the advance
notice and in the notice to the Mayor and City Council. All proceedings
hereafter shown were taken while the meeting was open to the attendance of the
public.
I.
ROUTINE BUSINESS
INVOCATION
Major Dale Hixenbaugh from the
Salvation Army provided the Invocation.
PLEDGE OF ALLEGIANCE
Two Boy Scouts from Troop 158 led
the Council members and audience in the Pledge of Allegiance.
ANNOUNCEMENT
Mayor Clouse announced that in
accordance with Section 84-1412 of the Nebraska Revised Statutes, a current
copy of the Open Meetings Act is available for review and is posted towards the
back of the Council Chambers.
INTRODUCTION OF UNK DIRECTOR OF
COMMUNITY RELATIONS
Mayor Clouse and Council Members
recognized introduced Nathan Garst, UNK Director of Community Relations.
Nathan Garst stated that he is
the student body representative for UNK. He intends to continue the
tradition that UNK and the City of Kearney have on positive relations in
working together for the greater good of the community.
ORAL COMMUNICATIONS
There was no Oral Communications.
II.
UNFINISHED BUSINESS
There was no Unfinished Business.
III.
PUBLIC HEARINGS
LAND USE MAP AMENDMENT SOUTH OF
56TH STREET, WEST OF 2ND AVENUE AND EAST OF 17TH AVENUE
Public Hearings 1, 2, 3 and 4
were discussed together but voted on separately.
Mayor Clouse stated Public
Hearings 1, 2, 3, 4 were tabled September 11, 2007 and needed to be removed
from the table.
Moved by Kearney seconded by
Lammers to remove from the table Public Hearings 1, 2, 3 and 4. Roll call
resulted as follows: Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay:
None. Motion carried.
Mayor Clouse opened the
public hearing on the Application submitted by Craig Bennett from Miller &
Associates (Applicant) for Grand West, LLC (Owner) for an amendment to the Land
Use Map of the City of Kearney Comprehensive Development Plan from “Mixed Use
1” to “Mixed Use 2” for property described as part of the Northeast Quarter of
the Northwest Quarter of Section 26, Township 9 North, Range 16 West of 6th
P.M., containing 18.47 acres, more or less, Buffalo County, Nebraska (south of
56th Street, west of 2nd Avenue and east of 17th Avenue) and to consider
approval of Resolution No. 2007-182. Planning Commission voiced concerns
about density of development proposed on this plan. Some of the Commissioners
were opposed to the project as evidenced in the final vote. Staff recommended
approval subject to: (1) Proof of a Homeowners Association filed with the Register
of Deeds; (2) Execution of the Infrastructure Agreement and Subdivision
Agreement; (3) Irrigation note added to the Landscape Plan; (4) No Royal
Paulowonia trees on public streets; and (5) Stormwater Detention approved prior
to building permits being issued.
The applicant is requesting
approval of a mixed use subdivision for future commercial development and 68
units of townhouses as phase two of the Fountain Hills development. This
property is located south of 56th Street, west of 6th Avenue extended north and
east of 11th Avenue extended north. The size of the project is 18.47 acres.
This development project requires an amendment to the Future Land Use Map of
the Comprehensive Development Plan, Rezoning, Final Platting, and Development
Plans for the town home units. The townhouse development will be constructed
first. The commercial lots are reserved for future development. The
Preliminary Plat for the overall 200 or so acres of Fountain Hills was
previously approved by the Planning Commission.
The current Land Use Map
designation is “Mixed Use 1” which is primarily a residential based mix of
uses. The Developer is proposing two lots for future commercial development
with 56th Street frontage. The commercial development requires the Land Use Map
to be amended to “Mixed Use 2.” The town home element of this development
proposal is also acceptable in Mixed Use 2.
The overall tract of land
proposed for phase two is 18.47 acres and is currently zoned Agricultural. The
proposed townhouse development comprises 9.73 acres to be rezoned to R‑3/PD,
Urban Residential Multi-Family District (Medium Density). The two commercial
lots comprise 7.49 acres to be rezoned to C-2, Community Commercial
District. Staff recommends that this C-2 development should be the west
limit of C-2 zoning along 56th Street. Any future commercial requests
west of these lots will carry a staff recommendation of C-1 or C-0.
The proposed plat consists
of 86 lots as follows:
·
Two commercial lots fronting on 56th Street.
Lot 1 is 3.56 acres and Lot 2 is 3.93 acres.
·
68 townhouse lots on 12 blocks. Each
block contains either five or six townhouse lots. The townhouse lots are
approximately 22 feet wide and 115 feet deep.
·
Sixteen outlots labeled on the plat as
Outlots A through P. These outlots contain the common parking areas and the
common space between and around the buildings that are not part of the fee
simple townhouse lots. A Homeowners Association will be responsible for
maintenance of these areas.
A public street to be known
as 55th Street separates the commercial development from the townhouse
development. Some of the townhouse lots front on 55th Street but access to all
the townhouse units will be from private streets.
A Public Works Plan has
been submitted for this Development.
A Subdivision Agreement is
attached that addresses the following issues:
·
Annexation – This development is
currently located outside the City limits and is not contiguous so it cannot be
annexed at this time. The agreement will state that the Developer agrees to be
annexed in the future without protest.
·
Improvement Districts – This development
will be served by municipal water and sanitary sewer from 56th Street south in
11th Avenue. The water, sanitary sewer, storm sewer and paving will be
installed by the developer as shown on the approved Public Works Plan under a
Developer Constructed Infrastructure Agreement. The Developer will dedicate a
twenty-foot wide sewer and water easement to the City within the private roads
serving the development. As previously mentioned, the Subdivision Agreement
will require the development to be annexed in the future.
·
Off-Site Easements – The sanitary sewer
and storm sewer on the west side of this development must extend onto or across
adjacent property that is owned by the Developer but not part of this Final
Plat. Therefore, the agreement will require the Developer to grant appropriate
easements for these utilities at no cost to the City.
·
Trash Collection – Since the property is
located outside the City limits the agreement will authorize the City to have
access for trash collection.
Detailed Development Plans
have been submitted for the townhouse development. In working with the
developer, Staff has amended the zoning ordinance to accommodate fee simple
lots for townhouse development. In order to meet these requirements the plans
address the issues as follows:
a)
Since the townhouse development is served
by private roads it must be a planned development district. The private streets
are 25 feet wide.
b)
Each townhouse unit features two bedrooms
upstairs and one bedroom in the basement. Therefore, each unit requires three
off-street parking stalls. Each unit features a one-car garage and there is
also common space parking. The total number of townhouse units is 68 which will
require 204 parking spaces. The single garage space plus the space leading to
the garage count for two stalls (136 of the 195 required). In addition, there
are approximately 99 parking stalls in the common parking area between the rows
of townhouses which account for the remaining 68 required stalls, leaving 31
stalls above the parking requirement for visitor parking.
c)
30 feet of separation is required between
any two adjacent structures housing townhouse units based on the required
15-foot side yard setback. This requirement has been met.
d)
A complete Landscape Plan has been
submitted. A twenty-foot landscaped bufferyard has been provided along the
south property line where the development abuts R-1 zoning as required by Code.
The sizes of plant materials are acceptable. The impervious coverage to open
space ratio has been met. The common areas are planted to grass unless they are
too narrow and then rock is being used. An irrigation note shall be added
to the plans. The Royal Paulowonia trees shall not be used as street trees
along public streets.
e)
35 percent brick is shown on street
facing facades as required by Code. This requirement does not apply to side and
rear facades facing private streets.
f)
The lot line between townhouse living
units will be on the common wall line. As such the construction of the common
wall must meet all IRC and fire code requirements.
g)
A Homeowners Association (HOA) is
required to maintain the common areas contained in Outlots A through O. Proof
of said HOA shall be filed at the Register of Deeds Office with the Final Plat
prior to occupancy of any living units.
h)
Stormwater detention is required.
No building permits will be issued until the design and computations for the
stormwater system have been reviewed and approved by the City Engineer.
i)
Architectural building elevations are
provided. Code requires that no two attached town homes share the same front
setback -- in other words, they cannot be in a straight line with no
projections or indentations. The proposed plans show covered front entries into
the units that protrude four feet and upper story windows that protrude two
feet.
j)
Each living unit will be separately
connected to sanitary sewer and water main.
Last month the Planning
Commission members voiced concerns about density of development proposed on
this plan. Some of the Commissioners were opposed to the project as
evidenced in the final vote. The City Council echoed these concerns and decided
to maintain the distance between the townhouse structures at 30 feet when the
code amendment was approved at the last meeting. In accordance with this
direction, the applicant has revised the plans maintaining 30 feet between
structures and reducing the density by three units. There are now 68 units
proposed as compared to 71 units in the original submission.
Craig Bennett from Miller &
Associates presented this matter to the Council. Fountain Hills Second
Subdivision is somewhat disconnected from the first subdivision. The
preliminary plat that was brought before Council a year ago showed the entire
area. Adjoining this area to the west will be some large green open areas
and a detention cell area. This will connect to the theme and feel of the
existing subdivision that is currently under construction. The water and
sewer are in place and the paving is close to being started.
Their proposal is that the north
part consist of two lots to be zoned C-2. The southern portion is being
proposed as a RP-3D zone. This area is not contiguous to the City limits. One
of the main reasons they are building out there is City infrastructure.
Basically, this would be within the City’s two mile jurisdiction, but not
currently adjacent to the City limits.
Along the north side of the area,
there is a 16-inch water main that would be brought into this which would help
in developing the remainder of this area. They would bring that proposed water
through this phase of the subdivision. There is an existing City lift station
that is on this property (by easement and noted in the plat as an
easement). At some time, the lift station could be removed should
infrastructure grow far enough to the north. There is another lift station that
is on the original plat which is often used by City staff. Their master plan
for the 200 acres will remove this lift station. The reason they are starting
on the north is because sanitary sewer exists there. They have exhausted all of
their means they can serve downstream of this existing sanitary sewer
infrastructure.
There is a fiber optic line that
goes through this parcel which has created something they need to develop
around. Their plat has made provisions for maintaining that easement.
Elevations for the R3-PD portion of the 5 and 6-plex units have been changed.
The street facing sides will have the 35 percent brick façade, but there is a
grade change in the roofline allowing for 3 units, a split and 3 more
units. Each unit will have a single car garage in the back with a stall
driveway outside of it. There will be a breezeway to go from the garage
to the town home. According to the site plan, there will be some buildings that
do not adjoin a public street, but they will adjoin a public road. The
developer has chosen to also provide those sides abutting the public road with
35 percent brick coverage.
This development concept is a
planned district and due to a recent Code change it has been tabled because of
this particular zoning. The change in the Code necessitated a change from
what they presented at Planning Commission to what is now being proposed.
The change from a 20-foot building spacing to a 30-foot building spacing is the
main thing that affected their plan. This change necessitated decreasing the
number of units from 71 to 68 units.
There will two 6-plexes and one
5-plex with the front yards abutting the proposed 55th Street. There are going
to be street trees lining the sides of these, green space between the
buildings, single car garages with driveways and landscaping with rock between
the garages. There will be an additional median along the interior portion of
the private drive. The private drive will circulate on both side of the median
in order to access the garage units in the back and to provide fire safety and
additional circulation around all of the units. In the middle median, will be
grass, green space and landscaping. There will be additional parking provided
in this median area. The town homes will allow 3 bedrooms for each unit and
would provide (by City Code) three parking stalls based on the number of
bedrooms per unit. With the number of additional parking stalls they are
proposing, they have provided 31 additional stalls which is above and beyond
the minimum requirements of the Code.
There will be some pedestrian
access between the two 6-plexes on the west. On the south is a high
pressure gas line that will have shrubs and bushes and a retaining wall around
it to mitigate having to do some excavation in those areas. They will be
bringing in public infrastructure because, as platted, each unit will have its
own separate lot. This is the purpose of the fee simple portion of the
Code change. The outlot areas are the portions in between. They have
brought public infrastructure in through their subdivision for sanitary sewer
and water which will loop throughout the subdivision for fire prevention,
etc.
There will be two lots on the
north side of 55th Street which will be commercial. These are proposed to
be a good transition to the traffic along 56th Street. There will be no
access off of the commercial property onto 56th Street. Their access must
be off of 11th Avenue or 55th Street. Area on the south of that is
preliminary platted as R-1.
There was no one present in
opposition to this hearing.
Moved by Lammers seconded by Lear
to close the hearing and approve the Application submitted by Craig Bennett
from Miller & Associates (Applicant) for Grand West, LLC (Owner) for an
amendment to the Land Use Map of the City of Kearney Comprehensive Development
Plan from “Mixed Use 1” to “Mixed Use 2” for property described as part of the
Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North,
Range 16 West of 6th P.M., containing 18.47 acres, more or less, Buffalo County,
Nebraska (south of 56th Street, west of 2nd Avenue and east of 17th Avenue) and
approve Resolution No. 2007-182. Roll call resulted as follows: Aye: Clouse,
Lammers, Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
RESOLUTION
NO. 2007-182
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 part of the
Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska and more particularly
described as follows: Referring to the northeast corner of the Northwest
Quarter of said Section 26 and assuming the east line of said Northwest Quarter
as bearing S00°20'54"E and all bearings contained herein are relative
thereto; thence S00°20'54"E and on said east line a distance of 50.0 feet
to the ACTUAL PLACE OF BEGINNING, said place of beginning being on the south right-of-way
line of 56th Street, a street in the City of Kearney, Buffalo County, Nebraska;
thence S00°20'54"E continuing on said east line a distance of 350.49 feet;
thence S89°39'26"W parallel with the north line of said Northwest Quarter
a distance of 815.0 feet to the point of curvature; thence on a 300.0 foot
radius curve to the left, forming a central angle of 07°50'59" a distance
of 41.1 feet to the point of tangency; thence tangent S81°48'27"W a
distance of 200.61 feet; thence N08°11'33"W a distance of 184.83 feet to
the point of curvature; thence on a 333.0 foot radius curve to the right,
forming a central angle of 07°55'42" a distance of 46.08 feet to the point
of tangency; thence tangent N00°15'51"W a distance of 151.67 feet to the
south right-of-way line of said 56th Street; thence N89°39'26"E on said
south right-of-way line and parallel with the north line of said Northwest
Quarter a distance of 1082.82 feet to the place of beginning, containing 8.74
acres, more or less, all in Buffalo County, Nebraska AND a tract of land being
part of the Northeast Quarter of the Northwest Quarter of Section 26, Township
9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more
particularly described as follows: Referring to the northeast corner of the
Northwest Quarter of said Section 26 and assuming the east line of said
Northwest Quarter as bearing S00°20'54"E and all bearings contained herein
are relative thereto; thence S00°20'54"E and on said east line a distance
of 400.49 feet to the ACTUAL PLACE OF BEGINNING; thence S00°20'54"E
continuing on said east line a distance of 414.71 feet; thence S89°39'26"W
parallel the north line of said Northwest Quarter a distance of 1001.73 feet;
thence N08°11'33"W a distance of 388.14 feet; thence N81°48'27"E a
distance of 200.61 feet to the point of curvature; thence on a 300.0 foot
radius curve to the right, forming a central angle of 07°50'59" a distance
of 41.1 feet to the point of tangency; thence tangent N89°39'26"E a
distance of 815.0 feet to the place of beginning, containing 9.73 acres, more
or less, all in Buffalo County, Nebraska (south of 56th Street, west of 2nd
Avenue and east of 17th Avenue), from “Mixed Use 1” to “Mixed Use 2”, and
WHEREAS, the said application for change in the Comprehensive Land Use Plan has
been approved by the City Planning Commission, after a public hearing properly
published and held, and
WHEREAS, the City Council has held a public hearing upon the said revision and
voted in favor of a motion to approve the change in the Land Use Plan as
requested by the applicant.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby
amended to change from “Mixed Use 1” to “Mixed Use 2” the use classification
for the area described as a tract of land being part of the Northeast Quarter
of the Northwest Quarter of Section 26, Township 9 North, Range 16 West of the
6th P.M., Buffalo County, Nebraska and more particularly described as follows:
Referring to the northeast corner of the Northwest Quarter of said Section 26
and assuming the east line of said Northwest Quarter as bearing
S00°20'54"E and all bearings contained herein are relative thereto; thence
S00°20'54"E and on said east line a distance of 50.0 feet to the ACTUAL
PLACE OF BEGINNING, said place of beginning being on the south right-of-way
line of 56th Street, a street in the City of Kearney, Buffalo County, Nebraska;
thence S00°20'54"E continuing on said east line a distance of 350.49 feet;
thence S89°39'26"W parallel with the north line of said Northwest Quarter
a distance of 815.0 feet to the point of curvature; thence on a 300.0 foot
radius curve to the left, forming a central angle of 07°50'59" a distance
of 41.1 feet to the point of tangency; thence tangent S81°48'27"W a
distance of 200.61 feet; thence N08°11'33"W a distance of 184.83 feet to
the point of curvature; thence on a 333.0 foot radius curve to the right,
forming a central angle of 07°55'42" a distance of 46.08 feet to the point
of tangency; thence tangent N00°15'51"W a distance of 151.67 feet to the
south right-of-way line of said 56th Street; thence N89°39'26"E on said
south right-of-way line and parallel with the north line of said Northwest
Quarter a distance of 1082.82 feet to the place of beginning, containing 8.74
acres, more or less, all in Buffalo County, Nebraska AND a tract of land being
part of the Northeast Quarter of the Northwest Quarter of Section 26, Township
9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska and more
particularly described as follows: Referring to the northeast corner of the
Northwest Quarter of said Section 26 and assuming the east line of said
Northwest Quarter as bearing S00°20'54"E and all bearings contained herein
are relative thereto; thence S00°20'54"E and on said east line a distance
of 400.49 feet to the ACTUAL PLACE OF BEGINNING; thence S00°20'54"E
continuing on said east line a distance of 414.71 feet; thence S89°39'26"W
parallel the north line of said Northwest Quarter a distance of 1001.73 feet;
thence N08°11'33"W a distance of 388.14 feet; thence N81°48'27"E a
distance of 200.61 feet to the point of curvature; thence on a 300.0 foot
radius curve to the right, forming a central angle of 07°50'59" a distance
of 41.1 feet to the point of tangency; thence tangent N89°39'26"E a
distance of 815.0 feet to the place of beginning, containing 9.73 acres, more
or less, all in Buffalo County, Nebraska (south of 56th Street, west of 2nd
Avenue and east of 17th Avenue) (south of 56th Street, west of 2nd Avenue and
east of 17th Avenue).
PASSED AND APPROVED THIS 9TH DAY OF OCTOBER,
2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
REZONING SOUTH OF 56TH STREET,
WEST OF 2ND AVENUE AND EAST OF 17TH AVENUE
Public Hearings 1, 2, 3 and 4
were discussed together but voted on separately.
Mayor Clouse opened the public
hearing on the Application submitted by Craig Bennett from Miller &
Associates (Applicant) for Grand West, LLC (Owner) to rezone from “District AG,
Agricultural District” to “District C-2, Community Commercial District”
containing 8.74 acres, more or less AND to “District R-3/PD, Urban Residential
Multi-Family District (Medium Density)/Planned Development Overlay District”
property described as part of the Northeast Quarter of the Northwest Quarter of
Section 26, Township 9 North, Range 16 West of 6th P.M., containing 9.73 acres,
more or less, Buffalo County, Nebraska (south of 56th Street, west of 2nd
Avenue and east of 17th Avenue).
There was no one present in
opposition to this hearing.
Moved by Lear seconded by
Buschkoetter to close the hearing and approve the Application submitted by
Craig Bennett from Miller & Associates (Applicant) for Grand West, LLC
(Owner) to rezone from “District AG, Agricultural District” to “District C-2,
Community Commercial District” containing 8.74 acres, more or less AND to
“District R-3/PD, Urban Residential Multi-Family District (Medium
Density)/Planned Development Overlay District” property described as part of
the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North,
Range 16 West of 6th P.M., containing 9.73 acres, more or less, Buffalo County,
Nebraska (south of 56th Street, west of 2nd Avenue and east of 17th Avenue).
Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers. Nay:
Kearney. Motion carried.
FINAL PLAT FOR FOUNTAIN HILLS
SECOND ADDITION
Public Hearings 1, 2, 3 and 4
were discussed together but voted on separately.
Mayor Clouse opened the public hearing
on the Application submitted by Craig Bennett from Miller & Associates
(Applicant) for Grand West, LLC (Owner) for the Final Plat and Subdivision
Agreement for “Fountain Hills Second Addition”, a subdivision in Buffalo
County, Nebraska for property described as part of the Northeast Quarter of the
Northwest Quarter of Section 26, Township 9 North, Range 16 West of the 6th
P.M., containing 18.47 acres, more or less, Buffalo County, Nebraska (south of
56th Street and east of 11th Avenue) and to consider approval of Resolution No.
2007-183.
There was no one present in
opposition to this hearing.
Moved by Buschkoetter seconded by
Clouse to close the hearing and approve the Application submitted by Craig
Bennett from Miller & Associates (Applicant) for Grand West, LLC (Owner)
for the Final Plat and Subdivision Agreement for “Fountain Hills Second
Addition”, a subdivision in Buffalo County, Nebraska for property described as
part of the Northeast Quarter of the Northwest Quarter of Section 26, Township 9
North, Range 16 West of the 6th P.M., containing 18.47 acres, more or less,
Buffalo County, Nebraska (south of 56th Street and east of 11th Avenue) and
approve Resolution No. 2007-183. Roll call resulted as follows: Aye: Clouse,
Buschkoetter, Lear, Lammers. Nay: Kearney. Motion carried.
RESOLUTION
NO. 2007-183
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “FOUNTAIN HILLS SECOND ADDITION” of Buffalo County, Nebraska
for a tract of land being part of the Northeast Quarter of the Northwest
Quarter of Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo
County, Nebraska and more particularly described as follows: Referring to the
northeast corner of the Northwest Quarter of said Section 26 and assuming the
east line of said Northwest Quarter as bearing S00°20'54"E and all
bearings contained herein are relative thereto; thence S00°20'54"E and on
said east line a distance of 50.0 feet to the ACTUAL PLACE OF BEGINNING, said
place of beginning being on the south right-of-way line of 56th Street, a
street in the City of Kearney, Buffalo County, Nebraska; thence
S00°20'54"E continuing on said east line a distance of 765.2 feet; thence
S89°39'26"W parallel with the north line of said Northwest Quarter a
distance of 1001.73 feet; thence N08°11'33"W a distance of 572.97 feet to
the point of curvature; thence on a 333.0 foot radius curve to the right,
forming a central angle of 07°55'42" a distance of 46.08 feet to the point
of tangency; thence tangent N00°15'51"W a distance of 151.67 feet to the
south right-of-way line of said 56th Street; thence N89°39'26"E on said
south right-of-way line and parallel with the north line of said Northwest
Quarter a distance of 1082.82 feet to the place of beginning, containing 18.47
acres, more or less, all in Buffalo County, Nebraska and in accordance with the
terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943
(as amended) be accepted and ordered filed and recorded in the Office of the
Register of Deeds, Buffalo County, Nebraska.
BE IT FURTHER RESOLVED that the Subdivision Agreement, marked as Exhibit “A”
attached hereto and made a part hereof by reference, be and is hereby approved
and that the President of the Council be and is hereby authorized and directed
to execute said agreement on behalf of the City of Kearney, Nebraska. Said
Subdivision Agreement shall be filed with the final plat with the Buffalo
County Register of Deeds.
BE IT FURTHER
RESOLVED that the President of the Council be and is hereby authorized and
directed to execute the final plat on behalf of the City of Kearney, Nebraska.
PASSED AND APPROVED THIS 9TH DAY OF OCTOBER, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
DEVELOPMENT PLAN APPROVAL SOUTH OF
56TH STREET, WEST OF 2ND AVENUE AND EAST OF 17TH AVENUE
Public Hearings 1, 2, 3 and 4
were discussed together but voted on separately.
Mayor Clouse opened the public
hearing on the Application submitted by Craig Bennett from Miller &
Associates (Applicant) for Grand West, LLC (Owner) for Planned District
Development Plan Approval for the construction of residential townhouses on
property to be zoned “District R-3/PD, Urban Residential Multi-Family District
(Medium Density)/Planned Development Overlay District” and described as part of
the Northeast Quarter of the Northwest Quarter of Section 26, Township 9 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska (proposed Lot 1 of
Block 2, Fountain Hills Second Addition and located south of 55th Street and
east of 11th Avenue) and to consider approval of Resolution No. 2007-184.
There was no one present in
opposition to this hearing.
Moved by Clouse seconded by
Lammers to close the hearing and approve the Application submitted by Craig Bennett
from Miller & Associates (Applicant) for Grand West, LLC (Owner) for
Planned District Development Plan Approval for the construction of residential
townhouses on property to be zoned “District R-3/PD, Urban Residential
Multi-Family District (Medium Density)/Planned Development Overlay District”
and described as part of the Northeast Quarter of the Northwest Quarter of
Section 26, Township 9 North, Range 16 West of the 6th P.M., Buffalo County,
Nebraska (proposed Lot 1 of Block 2, Fountain Hills Second Addition and located
south of 55th Street and east of 11th Avenue) and approve Resolution No.
2007-184 subject to compliance with the following conditions: (1) Proof of a
Homeowners Association filed with the Register of Deeds shall be filed with the
City; (2) Irrigation note shall be added to the Landscape Plan; (3) No Royal
Paulowonia trees shall be planted on public streets; (4) Stormwater detention
is required and no building permits shall be issued until the design and
computations for the stormwater system have been reviewed and approved by the
City engineer; (5) Each living unit shall separately be connected to sanitary
sewer and water main; and (6) The development will be served by municipal water
and sanitary sewer from 56th Street south in 11th Avenue. The water, sanitary
sewer, storm sewer and paving shall be installed by the developer as shown on
the approved Public Works Plan under a Developer Constructed Infrastructure
Agreement. The developer shall dedicate a 20-foot wide sewer and water easement
to the City within the private roads serving the development. Roll call
resulted as follows: Aye: Clouse, Lear, Lammers, Buschkoetter. Nay: Kearney.
Motion carried.
RESOLUTION
NO. 2007-184
WHEREAS, Craig Bennett from Miller & Associates (Applicant) for Grand West,
LLC (Owner) have applied for Planned District Development Plan Approval for the
construction of residential townhouses on property zoned “District R-3/PD,
Urban Residential Multi-Family District (Medium Density)/Planned Development
Overlay District” and described as Lot 1 of Block 2, Fountain Hills Second
Addition to the City of Kearney, Buffalo County, Nebraska (south of 55th Street
and east of 11th Avenue).
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the application of Craig Bennett from Miller &
Associates (Applicant) for Grand West, LLC (Owner) for Planned District
Development Plan Approval for the construction of residential townhouses on
property zoned “R-3/PD, Urban Residential Multi-Family District (Medium
Density)/Planned Development Overlay District” and described as Lot 1 of Block
2, Fountain Hills Second Addition to the City of Kearney, Buffalo County,
Nebraska (south of 55th Street and east of 11th Avenue) be approved subject to
compliance with the following conditions:
(1) Proof of a Homeowners Association filed with the
Register of Deeds shall be filed with the City;
(2) Irrigation note shall be added to the Landscape
Plan;
(3) No Royal Paulowonia trees shall be planted on
public streets;
(4) Stormwater detention is required and no building
permits shall be issued until the design and computations for the stormwater
system have been reviewed and approved by the City engineer;
(5) Each living unit shall separately be connected to
sanitary sewer and water main; and
(6) The development will be served by municipal water
and sanitary sewer from 56th Street south in 11th Avenue. The water, sanitary
sewer, storm sewer and paving shall be installed by the developer as shown on
the approved Public Works Plan under a Developer Constructed Infrastructure
Agreement. The developer shall dedicate a 20-foot wide sewer and water easement
to the City within the private roads serving the development.
PASSED AND APPROVED THE 9TH DAY OF OCTOBER, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
FINAL PLAT FOR PARK VIEW ESTATES
FOURTH ADDITION
Public Hearings 5 and 6 were
discussed together but voted on separately.
Mayor Clouse opened the public
hearing on the Application submitted by Craig Bennett from Miller &
Associates (Applicant) for Kelly J. Rapp and Laureen Striker-Rapp (Owner) for
the Final Plat for “Park View Estates Fourth” an addition to the City of
Kearney, Buffalo County, Nebraska for property described as a tract of land
being part of the Northeast Quarter of the Northwest Quarter, part of
Government Lot 2, Part of the Northwest Quarter of the Northeast Quarter and
part of Government Lot 3, and all located in Section 11, Township 8 North,
Range 16 West of the 6th P.M., containing 8.54 acres, more or less, Buffalo
County, Nebraska (east of 11th Avenue, west of 9th Avenue and south of 11th
Street) and to consider approval of Resolution No. 2007-211. Planning
Commission recommended approval.
The applicant is requesting
approval to plat a tract of land that is approximately 8.54 acres located south
of 11th Street, west of 9th Avenue and east of 11th Avenue. The proposed use is
a continuation of the next phase of the Park View development, a residential
subdivision containing single-family lots. This property is zoned R-1, Urban
Residential Single-Family District.
The Preliminary Plat
including this area was approved by Planning Commission on May 17, 2002 and
contains 72 lots and includes land to the north and west of the area of final
platting. The Final Plat, to be known as Park View Fourth consists of
8.54 acres with 21 R‑1 lots. A Public Works Plan was previously submitted
for the overall area. After reviewing the subdivision plat staff offers the
following comments:
a) A Subdivision Agreement is not required.
b) The detention cell for this development has been reserved
in an easement extending to the south as shown on the Final Plat.
c) A portion of 8th Avenue is shown extending to the east
across the drainage and ingress-egress easement to the east property line. Some
type of culvert will be required under the street to convey the drainage to the
south and into the detention cell area.
d) The existing gravel drive contained in the
ingress-egress easement along the east property line shall be retained for
private use by the developer. A curb cut and gate may be place at the end of
8th Avenue to allow restricted access between the private gravel driveway and
the public street.
This subdivision is
contiguous to the corporate limits and public services are available.
Therefore, this property shall be included within the corporate boundaries of
the City.
Craig Bennett from Miller &
Associates presented this matter to the Council. This is the last phase of what
was preliminary platted as Park View Estates. The majority of the current
zoning is R-1. There is a portion that is zoned R-2. Paving is in place on the
first three subdivisions. The first two subdivisions are full and there is
construction on the third. This phase will extend the fourth of a four-phase
subdivision. At the present time, it is undeveloped to the east, but this
area has been preliminary platted. When the other area was preliminary platted,
it lined up with what they had recorded for their preliminary plat for streets
and alignments. As the site is developed, the ditch will be replaced with storm
water pipe as in the previous additions and brought to a detention cell that
was built during the first phase.
Mr. Rapp purchased two strips
that were separated by a section line for the purpose of ingress/egress. Mr.
Rapp’s residence is to the south where he has fields that he farms and
maintains. He currently uses this long strip area as a gravel driveway. When
this plat was originally laid out, it showed a cul-de-sac with six lots around
it. They are now proposing a straight right-of-way allowing for some better
circulation for future development. At the present time, he still wishes to
farm the area to the south between the subdivision and his house. There is
another similar street on the site. Those are the only changes to traffic
circulation that was previously shown on the preliminary plat.
There are two proposed outlots,
one north of 8th Street through to 11th Street and one south of 8th
Street. This subdivision would have 21 R-1 residential lots and two
outlots. Located within the easement is a storm water drain easement that the
apartment complex uses to the north. They went through the process of
relocating that easement to its present location and have filed it with the
Courthouse.
The other outlot will remain so
that Mr. Rapp can continue to move farm equipment through this area out to 11th
Street. To hinder people from using it as a circulation mechanism or a
means to travel back to 11th Street, they have proposed to use gates at two
locations. To access his house, he would go down 11th Avenue, come around
8th Street and access his driveway to the south. Eventually, that street
extension and driveway will be gone. The only time he will use this
gravel driveway between 8th Street and 11th Street would be to move his large
farm equipment back and forth.
In answer to the question about
flooding and ground water in this area of 11th Street, Mr. Bennett stated that
Mr. Rapp placed monitoring wells adjacent to the tail race of his property
prior to platting this site. Mr. Rapp has continued to do groundwater
monitoring samples. He also has historic data which has been a great design
tool (even in the first phase) of choosing elevations. If a homeowner were to
choose to build at a lower elevation than that, there could be some issues of
groundwater management. They did see an increase in the amount of
groundwater as well as drainage water recently with heavy rains. Mr.
Bennett believed that if we had monitoring wells in other areas at that time,
there would have been similar issues. He did agree there have been some
groundwater influences from the tail race canal which Mr. Rapp has been able to
monitor and pick some peak elevations. The detention cell and the pond on
Mr. Rapp’s property ultimately dump into the north channel of the Platte
River.
Mr. Bennett did not see the
development of this last phase to have any negative influences on the
properties to the west. Mr. Rapp (for agricultural purposes) has dug a
ditch to deter flooding from his irrigation water runoff. As they
have done in the last two additions, they have added some storm water
management systems on the backsides of the lots (in between lots and not in the
street).
There was no one present in
opposition to this hearing.
Moved by Lammers seconded by Lear
to close the hearing and approve the Application submitted by Craig Bennett
from Miller & Associates (Applicant) for Kelly J. Rapp and Laureen
Striker-Rapp (Owner) for the Final Plat for “Park View Estates Fourth” an
addition to the City of Kearney, Buffalo County, Nebraska for property
described as a tract of land being part of the Northeast Quarter of the
Northwest Quarter, part of Government Lot 2, Part of the Northwest Quarter of
the Northeast Quarter and part of Government Lot 3, and all located in Section
11, Township 8 North, Range 16 West of the 6th P.M., containing 8.54 acres,
more or less, Buffalo County, Nebraska (east of 11th Avenue, west of 9th Avenue
and south of 11th Street) and approve Resolution No. 2007-211. Roll call resulted
as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter, Lear. Nay: None.
Motion carried.
RESOLUTION
NO. 2007-211
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that
the plat of “PARK VIEW ESTATES FOURTH” an addition to the City of Kearney,
Buffalo County, Nebraska for a tract of land being part of the Northeast
Quarter of the Northwest Quarter, part of Government Lot 2, part of the
Northwest Quarter of the Northeast Quarter and part of Government Lot 3 and all
located in Section 11, Township 8 North, Range 16 West of the 6th P.M., Buffalo
County, Nebraska, more particularly described as follows: Referring to the
northeast corner of the Northwest Quarter of said Section 11 and assuming the
east line of said Northeast Quarter of the Northwest Quarter as being
S00°00'15"E and all bearings contained herein are relative thereto; thence
S00°00'15"E and on the east line of said Northwest Quarter a distance of 20.0
feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being an the
south line of 11th Street, a street in the City of Kearney, Buffalo County,
Nebraska and the northwest corner of Lot 1, Block 2, Hammer-McCarty Addition,
an addition to the City of Kearney, Buffalo County, Nebraska; thence
S00°00'15"E on the east line of said Northeast Quarter of the Northwest
Quarter of said Section 11 and the west line of said Hammer-McCarty Addition a
distance of 396.76 feet; thence N89°02'38"E continuing on the west line of
said Hammer-McCarty Addition a distance of 16.7 feet; thence S00°52'06"E
continuing on the west line of said Hammer-McCarty Addition and the west line
of Jean Michel of Chateau Marteau, an addition to the City of Kearney, Buffalo
County, Nebraska (if extended southerly) a distance of 897.46 feet to the north
line of said Government Lot 3; thence S01°01'56"E a distance of 150.68
feet to the south line of Park View Estates Third, an addition to the City of
Kearney, Buffalo County, Nebraska (if extended easterly) thence N89°44'36”W on
the south line of said Park View Estates Third (if extended easterly) and
parallel with the south line of Rapp Addition, an addition to the City of
Kearney, Buffalo County, Nebraska, a distance of 401.57 feet to the southeast
corner of Lot 3, Block 3 in said Park View Estates Third; thence
N00°00'15"W and an the east line of said Block 3 (if extended northerly) a
distance of 346.3 feet to a point on the north line of 8th Street, a street In
the City of Kearney, Buffalo County, Nebraska; thence N89°44'36"W on the
north line of said 8th Street and parallel with the south line of said Rapp
Addition a distance of 37.5 feet to the southeast corner of Lot 2, Block 2 in
said Park View Estates Third; thence N00°00'15"W on the east line of Block
2 and Block 1 in said Park View Estates Third a distance of 493.7 feet to the
northeast corner of Lot 1, Block 1 in said Park View Estates Third, said point
also being on the south line of said Rapp Addition; thence S89°44'36"E and
on the south line of said Rapp Addition a distance of 375.68 feet to the
southeast corner of Lot 1, Block 1 in said Rapp Addition; thence
N00°00'15"W and on the east line of Lot 1, Block 1 in said Rapp Addition a
distance of 604.0 feet to the northeast corner of Lot 1, Block 1 in said Rapp
Addition, said point also being on the south line of said 11th Street: thence
S89°44'36"E on the south line of said 11th Street a distance of 30.0 feet
to the place of beginning, containing 8.54 acres, more of less, all in Buffalo
County, Nebraska, and in accordance with the provisions and requirements of
Section 19-916 of the Nebraska Revised Statutes, accepted and ordered filed and
recorded in the Office of the Register of Deeds of Buffalo County, Nebraska;
said addition is hereby included within the corporate limits of said City and
shall be and become a part of said City for all purposes whatsoever, and the
inhabits of such addition shall be entitled to all the rights and privileges
and shall be subject to all laws, ordinances, rules and regulations of said
City.
BE IT FURTHER
RESOLVED that the President of the Council be and is hereby authorized and
directed to execute the final plat on behalf of the City of Kearney, Nebraska.
PASSED AND APPROVED THIS 9TH DAY OF OCTOBER, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
ANNEXATION OF PARK VIEW ESTATES
FOURTH ADDITION
Public Hearings 5 and 6 were
discussed together but voted on separately.
Mayor Clouse opened the public
hearing on the Application submitted by Craig Bennett from Miller &
Associates (Applicant) for Kelly J. Rapp and Laureen Striker-Rapp (Owner) for
the annexation of “Park View Estates Fourth” an addition to the City of
Kearney, Buffalo County, Nebraska for property described as a tract of land
being part of the Northeast Quarter of the Northwest Quarter, part of
Government Lot 2, Part of the Northwest Quarter of the Northeast Quarter and
part of Government Lot 3, and all located in Section 11, Township 8 North,
Range 16 West of the 6th P.M., containing 8.54 acres, more or less, Buffalo
County, Nebraska (east of 11th Avenue, west of 9th Avenue and south of 11th
Street) and to consider approval of Resolution No. 2007-212.
There was no one present in
opposition to this hearing.
Moved by Lear seconded by
Buschkoetter to close the hearing and approve the Application submitted by
Craig Bennett from Miller & Associates (Applicant) for Kelly J. Rapp and
Laureen Striker-Rapp (Owner) for the annexation of “Park View Estates Fourth”
an addition to the City of Kearney, Buffalo County, Nebraska for property
described as a tract of land being part of the Northeast Quarter of the
Northwest Quarter, part of Government Lot 2, Part of the Northwest Quarter of
the Northeast Quarter and part of Government Lot 3, and all located in Section
11, Township 8 North, Range 16 West of the 6th P.M., containing 8.54 acres,
more or less, Buffalo County, Nebraska (east of 11th Avenue, west of 9th Avenue
and south of 11th Street) and approve Resolution No. 2007-212. Roll call
resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay:
None. Motion carried.
RESOLUTION
NO. 2007-212
WHEREAS, an Application has been submitted by Craig Bennett from Miller &
Associates (Applicant) for Kelly J. Rapp and Laureen Striker-Rapp (Owner) for
the inclusion of “PARK VIEW ESTATES FOURTH” an addition within the corporate
boundaries of the City of Kearney said property described as a tract of land
being part of the Northeast Quarter of the Northwest Quarter, part of
Government Lot 2, part of the Northwest Quarter of the Northeast Quarter and
part of Government Lot 3 and all located in Section 11, Township 8 North, Range
16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described
as follows: Referring to the northeast corner of the Northwest Quarter of said
Section 11 and assuming the east line of said Northeast Quarter of the
Northwest Quarter as being S00°00'15"E and all bearings contained herein
are relative thereto; thence S00°00'15"E and on the east line of said
Northwest Quarter a distance of 20.0 feet to the ACTUAL PLACE OF BEGINNING,
said place of beginning being an the south line of 11th Street, a street in the
City of Kearney, Buffalo County, Nebraska and the northwest corner of Lot 1,
Block 2, Hammer-McCarty Addition, an addition to the City of Kearney, Buffalo
County, Nebraska; thence S00°00'15"E on the east line of said Northeast
Quarter of the Northwest Quarter of said Section 11 and the west line of said
Hammer-McCarty Addition a distance of 396.76 feet; thence N89°02'38"E
continuing on the west line of said Hammer-McCarty Addition a distance of 16.7
feet; thence S00°52'06"E continuing on the west line of said
Hammer-McCarty Addition and the west line of Jean Michel of Chateau Marteau, an
addition to the City of Kearney, Buffalo County, Nebraska (if extended
southerly) a distance of 897.46 feet to the north line of said Government Lot
3; thence S01°01'56"E a distance of 150.68 feet to the south line of Park
View Estates Third, an addition to the City of Kearney, Buffalo County,
Nebraska (if extended easterly) thence N89°44'36”W on the south line of said
Park View Estates Third (if extended easterly) and parallel with the south line
of Rapp Addition, an addition to the City of Kearney, Buffalo County, Nebraska,
a distance of 401.57 feet to the southeast corner of Lot 3, Block 3 in said
Park View Estates Third; thence N00°00'15"W and an the east line of said
Block 3 (if extended northerly) a distance of 346.3 feet to a point on the
north line of 8th Street, a street In the City of Kearney, Buffalo County,
Nebraska; thence N89°44'36"W on the north line of said 8th Street and
parallel with the south line of said Rapp Addition a distance of 37.5 feet to
the southeast corner of Lot 2, Block 2 in said Park View Estates Third; thence
N00°00'15"W on the east line of Block 2 and Block 1 in said Park View
Estates Third a distance of 493.7 feet to the northeast corner of Lot 1, Block
1 in said Park View Estates Third, said point also being on the south line of
said Rapp Addition; thence S89°44'36"E and on the south line of said Rapp
Addition a distance of 375.68 feet to the southeast corner of Lot 1, Block 1 in
said Rapp Addition; thence N00°00'15"W and on the east line of Lot 1,
Block 1 in said Rapp Addition a distance of 604.0 feet to the northeast corner
of Lot 1, Block 1 in said Rapp Addition, said point also being on the south
line of said 11th Street: thence S89°44'36"E on the south line of said
11th Street a distance of 30.0 feet to the place of beginning, containing 8.54
acres, more of less, all in Buffalo County, Nebraska; and
WHEREAS, the
Kearney City Planning Commission has received and held a public hearing on
September 21, 2007 on the inclusion of “PARK VIEW ESTATES FOURTH” 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 “PARK VIEW ESTATES FOURTH” an addition to the City of
Kearney, Buffalo County, Nebraska;
WHEREAS, a public hearing was held by the Kearney City Council relating to said
application on October 9, 2007 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 “PARK VIEW ESTATES FOURTH”
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 “PARK VIEW ESTATES FOURTH” 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 9TH DAY OF OCTOBER, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE
E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
REZONING AT 5165 LONG ISLAND ROAD
Public Hearings 7 and 8 were
discussed together but voted on separately.
\Mayor Clouse opened the public
hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying
(Applicant) for Virginia Evans (Owner) to rezone from “District AG,
Agricultural District” to “District RR-1, Rural Residential District (Rural
Standards) District” property described as a tract of land being part of the
East Half of the Southwest Quarter of the Southeast Quarter of Section 8,
Township 8 North, Range 16 West of the 6th P.M., containing 0.17 acres, more or
less, Buffalo County, Nebraska (5165 Long Island Road). Planning Commission
recommended approval.
The applicant is requesting
approval to zone and plat a twelve foot wide strip of land as it abuts the east
side of the original Sorensen Subdivision at 5165 Long Island Road. The 12-foot
strip contains approximately 0.17 acres while the existing lot contains 2.04
acres. Therefore, the two parcels when combined will total 2.21 acres. This
project requires vacation, rezoning and platting.
The tract of land now known
as Robert W. Sorensen Subdivision must be vacated so that the twelve foot strip
can be added on the east side and the aggregate replatted into a new
subdivision to be known as Robert W. Sorensen Second Subdivision.
The existing subdivision
lot is zoned RR-1, Rural Residential District (Rural Standards), while the
12-foot strip has never been rezoned from Agricultural. The 12-foot strip must
be rezoned to RR-1 so that it can be included into the existing RR-1 property.
The Preliminary Plat and
Final plat both consist of one lot that contains the existing house and
outbuildings. The total lot area is 2.21 acres. The Preliminary Plat was
approved by the Planning Commission on September 21, 2007. A Public Works Plan
is not required since the property cannot be served with municipal utilities. A
Subdivision Agreement is also not required since it is highly unlikely that
urban services will ever be extended to this remote location.
Mitch Humphrey from Buffalo
Surveying presented this matter to the Council. They are requesting to rezone a
12-foot wide strip of land that Mrs. Evans owns that will hopefully be rezoned
from Agricultural to RR-1. That strip of property will then be added to the
Sorensen tract to create a one-lot subdivision. Passage of Ordinance No.
7391 would vacate the one lot subdivision which is known as the R. W. Sorensen
Subdivision. The resulting subdivision would be a combination of the
original two acre plus lot combined with the 0.17 of an acre which would be
known as Robert W. Sorensen Second Subdivision. The site is on the fringe of
the City’s two mile extraterritorial jurisdiction so it cannot easily be served
with utilities. It will be served by the existing well and septic
system. The purpose of the request is to add more space to the east side
of the house side of the building site.
There was no one present in
opposition to this hearing.
Moved by Buschkoetter seconded by
Clouse to close the hearing and approve the Application submitted by Mitch
Humphrey from Buffalo Surveying (Applicant) for Virginia Evans (Owner) to
rezone from “District AG, Agricultural District” to “District RR-1, Rural
Residential District (Rural Standards) District” property described as a tract
of land being part of the East Half of the Southwest Quarter of the Southeast
Quarter of Section 8, Township 8 North, Range 16 West of the 6th P.M.,
containing 0.17 acres, more or less, Buffalo County, Nebraska (5165 Long Island
Road). Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers,
Kearney. Nay: None. Motion carried.
FINAL PLAT FOR ROBERT W. SORENSEN
SECOND SUBDIVISION
Public Hearings 7 and 8 were
discussed together but voted on separately.
Mayor Clouse opened the public
hearing on the Application submitted by Mitch Humphrey from Buffalo Surveying (Applicant)
for Virginia Evans and Timothy and Constance Sorensen (Owner) for the Final
Plat for “Robert W. Sorensen Second Subdivision”, a subdivision in Buffalo
County, Nebraska for property described as Lot 1, Robert W. Sorensen
Subdivision, a subdivision being part of the West Half of the Southwest Quarter
of the Southeast Quarter of Section 8 AND a tract of land being part of the
East Half of the Southwest Quarter of the Southeast Quarter of Section 8, all
in Township 8 North, Range 16 West of the 6th P.M., containing 2.21 acres, more
or less, Buffalo County, Nebraska (5165 Long Island Road) and to consider
approval of Resolution No. 2007-213.
There was no one present in
opposition to this hearing.
Moved by Clouse seconded by
Kearney to close the hearing and approve the Application submitted by Mitch
Humphrey from Buffalo Surveying (Applicant) for Virginia Evans and Timothy and
Constance Sorensen (Owner) for the Final Plat for “Robert W. Sorensen Second
Subdivision”, a subdivision in Buffalo County, Nebraska for property described
as Lot 1, Robert W. Sorensen Subdivision, a subdivision being part of the West
Half of the Southwest Quarter of the Southeast Quarter of Section 8 AND a tract
of land being part of the East Half of the Southwest Quarter of the Southeast
Quarter of Section 8, all in Township 8 North, Range 16 West of the 6th P.M.,
containing 2.21 acres, more or less, Buffalo County, Nebraska (5165 Long Island
Road) and approve Resolution No. 2007-213. Roll call resulted as follows: Aye:
Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.
RESOLUTION
NO. 2007-213
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “ROBERT W. SORENSEN SECOND SUBDIVISION” of Buffalo County,
Nebraska for a tract of land Lot 1, Robert W Sorensen Subdivision, a
subdivision being part of the West Half of the Southwest Quarter of the
Southeast Quarter of Section 8, Township 8 North, Range 16 West of 6th P.M.,
Buffalo County, Nebraska, now vacated, and more particularly described as a
tract of land being part of the West Half of the Southwest Quarter of the
Southeast Quarter of said Section 8, Township 8 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska, more particularly described as follows:
Referring to the southeast corner of the West Half of the Southwest Quarter of
the Southeast Quarter of said Section 8 and assuming the east line of said West
Half of the Southwest Quarter of the Southeast Quarter of said Section as
bearing NORTH and all bearings contained herein are relative thereto; thence
NORTH on the east line of the aforesaid West Half of the Southwest Quarter of
the Southeast Quarter a distance of 123.4 feet to the ACTUAL PLACE OF
BEGINNING, said place of beginning being on the north right-of-way line of U.S.
Interstate Highway No. 80; thence continuing NORTH on the east line of the West
Half of the Southwest Quarter of the Southeast Quarter a distance of 627.81
feet; thence S87°48'59"W a distance of 84.7 feet; thence S01°17'38"W
a distance of 303.85 feet; thence N88°42'W a distance of 101.04 feet; thence
S01°18'W a distance of 310.0 feet to a point, said point being a point on the
North line of U.S. Interstate Highway No. 80; thence easterly and on the north
line of U.S. Interstate Highway No. 80 and on a 16,978.73 foot radius curve
concave northerly forming a central angle of 00°40'30" and in and easterly
direction a distance of 200.1 feet to the place of beginning; AND TOGETHER
WITH, a tract of land being part of the East Half of the Southwest Quarter of
the Southeast Quarter of Section 8, Township 8 North, Range 16 West of the 6th
P.M., Buffalo County, Nebraska, more particularly described as follows:
Referring to the southwest corner of the East Half of the Southwest Quarter of
the Southeast Quarter of said Section 8 and assuming the west line of said East
Half of the Southwest Quarter of the Southeast Quarter of said Section as
bearing NORTH and all bearings herein are relative hereto; thence NORTH on west
line of the aforesaid East Half of the Southwest Quarter of the Southeast
Quarter a distance of 123.4 feet to the ACTUAL PLACE OF BEGINNING, said point
being the southeast corner of said Lot 1, Robert W Sorensen Subdivision, a
subdivision being part of the West Half of the Southwest Quarter of the
Southeast Quarter of Section 8, Township 8 North, Range 16 West of 6th P.M.,
Buffalo County, Nebraska, now vacated, and said place of beginning being on the
north right-of-way line of U.S. Interstate Highway No. 80; thence continuing
NORTH on the west line of the East Half of the Southwest Quarter of the
Southeast Quarter and the east line of said Lot 1, Robert W. Sorensen
Subdivision, now vacated, a distance of 627.81 feet; thence leaving the west
line of the aforesaid East Half of the Southwest Quarter of the Southeast
Quarter and the east line of said lot 1, Robert W Sorensen Subdivision (now
vacated) N87°48'59"E a distance 12.00 feet; thence SOUTH parallel with the
west line of the East Half of the Southwest Quarter of the Southeast Quarter of
said Section and east line of said Lot 1, Robert W. Sorensen Subdivision (now
vacated) a distance of 629.16 to a point, said point being on the north
right-of-way line of U.S. Interstate Highway No. 80; thence westerly on the
north right-of-way line of U.S. Interstate Highway 80 and on a 16,978.73 foot
radius curve concave northerly forming a central angle of 00°02'26" and in
a westerly direction a distance of 12.01 feet to the place of beginning,
containing a total of 2.21 acres more or less, all in Buffalo County, Nebraska,
and in accordance with the terms and requirements of Sections 16-901 through
16-904 inclusive, R.R.S. 1943 (as amended) be accepted and ordered filed and
recorded in the Office of the Register of Deeds, Buffalo County, Nebraska.
BE IT FURTHER
RESOLVED that the 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 9TH DAY OF OCTOBER, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
IV.
CONSENT AGENDA
Moved by Kearney seconded by
Lammers that Subsections 1 through 10 of Consent Agenda Item IV be approved.
Roll call resulted as follows: Aye: Clouse, Lammers, Kearney, Buschkoetter,
Lear. Nay: None. Motion carried.
1.
Approve Minutes of Regular Meeting held September 25, 2007.
2.
Approve the following Claims: Acushnet $161.99 smcs; Advanced Weapons $1,233.28
smcs; AFLAC $2,618.04 ps; Agri Co-op $20,086.05 smcs; Alltel $1,872.89 smcs;
Amer Red Cross $53.00 smcs; Anderson,B $69.55 smcs; Anderson,S $411.00 smcs;
Antelope Newspaper $66.00 smcs; Archview $17,640.00 co; Arrow Seed $282.50
smcs; Ashworth $4,812.50 smcs; Athletica $12,425.00 co; Aurora Coop Elevator
$2,024.12 smcs; Baker & Taylor Books $2,952.87 smcs; BBC Audiobooks $347.09
smcs; Bird,L $423.00 smcs; Blessing $181,190.22 co; Bluecross Blueshield
$21,774.57 smcs; Book Page $216.00 smcs; Bosselman $11,226.96 smcs; Brown,A
$218.25 smcs; Buffalo Co Court $450.12 ps; Buffalo Co Reg Deeds $46.50 smcs;
Buffalo Co Sheriff $114,076.00 smcs; Capital Bank & Trust $192.30 ps;
Cash-Wa $79.00 smcs; Central Contracting $31,708.60 co; CHAD $10.00 ps; Charter
$54.99 smcs; City of Ky $197,534.87 smcs,ps; Civic Plus $5,501.00 smcs; College
Savings Plan of NE $75.00 ps; Concrete Workers $54,892.62 co; Conseco Life
Insurance $24.00 ps; Control Masters $3,070.00 smcs; Copycat Printing $501.38
smcs; Coronado,M $18.48 smcs; Crossroads Ford $25.44 smcs; Culligan $182.01
smcs; Cummins Central Power $862.12 smcs; Dan Roeder Concrete $162,505.77 co;
Dandee Concrete $1,860.00 co; Davis,P $22.20 smcs; Dept of the Treasury $0.31
ps; Development Council $75,000.00 smcs; Double M Farms $2,000.00 smcs; Eakes
$3,348.74 smcs,co; Eirich,T $50.00 smcs; Elliott Sanitation Equipment
$182,620.75 co; Envirotech $34,060.39 smcs; Fairbanks $3,009.33 smcs; Fast,R
$19.93 smcs; Fredrickson Co $19,000.80 co; Frontier $235.41 smcs; Gall's
$3,370.94 smcs,co; Garrett Tires & Treads $3,269.93 smcs; Grimes,S $211.60
smcs; Guideposts $16.94 smcs; H&H Distributing $293.25 smcs; Harley
Davidson $281.60 smcs; Harrison,R $351.50 smcs; Harshbarger,K $257.50 smcs;
Hausmann Construction $97,358.87 co; HD Supply $5,263.30 smcs; Hoehner Turf
$113.70 smcs; Holiday $100.53 smcs; Hometown Leasing $3,899.95 smcs; Hooker
Brothers $106.95 smcs; Hunt,V $21.22 smcs; Hydra-Stop $2,831.39 co; ICMA RC
$2,622.98 ps; IRS $94,408.96 ps; Jack Lederman $52.52 smcs; Johnsen Corrosion
$1,976.64 smcs; Johnson,S $50.00 smcs; Kalba,R $74.81 smcs; Ky Area United Way
$553.00 ps; Ky Chamber Comm $12.00 smcs; Ky Hub $803.52 smcs; Ky Noon Rotary
$95.00 smcs; Ky Visitors Bureau $30,538.93 smcs; Ky Young Life $1,064.88 smcs;
Kirkham Michael $1,683.37 smcs; Klahn,J $7.41 smcs; Konica Minolta $116.96
smcs; Laughlin,K $180.00 ps; Law Enforcement Training $52.00 smcs; League of NE
Municipalities $32,061.00 smcs; Leopold Painting $18,500.00 smcs,co; Liang,S
$874.02 smcs; Longoria,H $6.28 smcs; Magic Cleaning $250.00 smcs; Mail Express
$446.51 smcs; Maines Electric $742.50 smcs; Marshall Cavendish $137.07 smcs;
McLaughlin,P $217.50 smcs; Metlife $5,473.77 ps; Michael Frederick $25.00 smcs;
Mid-Kan Blueline $67.98 smcs; Midlands Contracting $253,405.04 co; Midwest
Striping $12,120.00 smcs; Mieth,T $47.45 smcs; Miller & Associates $19,990.45
smcs,co; Moonlight Embroidery $1,148.75 smcs; Morris Press $452.00 smcs;
Mosbarger,B $200.00 ps; Motorola $4,872.00 co; Municipal Supply $167.32 smcs;
NE Child $2,437.03 ps; NE Dept of Revenue $78,817.85 smcs,ps; NE DOL/Boiler
Inspection $72.00 smcs; NE Mosquito & Vector $70.00 smcs; NE Regional
Library System $25.00 smcs; Neopost $8,000.00 smcs; Nicklasson,B $189.20 smcs;
Northwestern Energy $581.17 smcs; Office Depot $28.97 smcs; O'Keefe Elevator
$542.73 smcs; Paramount Linen $363.17 smcs; Payflex System $467.50 ps; Peerless
$1,815.00 smcs; Penner,S $3.66 smcs; Platte Valley Comm $3,255.04 smcs,co;
Portable Computer Systems; $29,578.00 co; Presto-X $136.00 smcs; Pro-Tint
$150.00 smcs; Random House $16.00 smcs; Read Aloud NE $50.00 smcs; Recorded
Books $42.97 smcs; Reiter,C $100.00 smcs; Rima,R $3.47 smcs; Sapp Brothers
Petroleum $5,100.00 smcs; Sargent Drilling $262,069.81 co; Schmidt,A $411.60
smcs; Schwan's $80.92 smcs; Senior Hospitality $6,337.00 smcs; Sheldon,S $7.77
smcs; Snap-On Tools $100.00 smcs; Solid Waste Agency $45,552.09 smcs; Starostka
Group Unlimited $752,186.88 co; State of NE/DAS Comm $19.21 smcs; Story,G
$514.98 smcs; Sun Life Financial $21,936.12 smcs; Sutphen Corp $29.00 smcs;
Sydow,J $40.00 smcs; T&F Sand & Gravel $333.97 smcs; Thome,B $217.50
smcs; Thompson,L $90.00 smcs; Thomson Gale $877.13 smcs; Titelist $1,573.27
smcs; Tool Doctor $32.50 smcs; UAP $94.92 smcs; Village Uniform $126.40 smcs;
VS Visual Statement $2,265.00 smcs; Watchguard $10,040.00 co; West Payment
Center $1,104.81 smcs; Wilkins Hinrichs Stober $2,453.51 co; Yanney Heritage
Park Found. $7,000.00 smcs; Zubrod,D $189.20 smcs; Payroll Ending 9-29-2007 --
$297,151.81. 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 setting October 23, 2007 at 7:00 p.m. as time and date for the Board of
Equalization to assess costs for Paving Improvement District No. 2003-872 for Railroad
Street from Central Avenue to Avenue B.
4.
Approve the request from the Kearney Police Department/Buffalo County Sheriff’s
Office to block off Avenue B from Railroad Street to 21st Street for the auto
auction to be held on October 13, 2007 from 8:00 a.m. until 5:00 p.m.
5.
Approve the Application for a Special Designated License submitted by BOULEE,
LLC, dba “Bico’s Sports Bar & Grill” in connection with their Class I-70918
liquor license to dispense beer, wine and distilled spirits in the Great Platte
River Road Archway located at 3060 East 1st Street on October 20, 2007 from
4:00 p.m. until 12:00 a.m. for a wedding reception.
6.
Approve the Non-Owned Corporate Hangar Lease (T-925) between the City of
Kearney and Marshall Aviation, Inc. and approve Resolution No. 2007-214.
RESOLUTION NO.
2007-214
BE IT RESOLVED
by the President and City Council of the City of Kearney, Nebraska, that the
President be and is hereby authorized and directed to execute the Non-Owned
Corporate Hangar Lease for T-925 on behalf of the City of Kearney, Nebraska,
with Marshall Aviation, Inc., a copy of the Agreement, marked Exhibit “1”, is
attached hereto and made a part hereof by reference.
PASSED AND APPROVED THIS 9TH DAY OF OCTOBER, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE
E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
7.
Approve the application to extend Conditional Use Permit No. 1999-07 submitted
by South Central Behavioral Services to locate a transitional living facility
located at 2701 Central Avenue for a period of two years.
8.
Approve the bids received for the 2007 Part IV Improvements consisting of
construction of public improvements within Avenue A between 11th Street and
13th Street, Avenue I between 14th Street and 15th Street and 14th Street
between Avenue I and Avenue K and approve Resolution No. 2007-215 awarding the
bid to Blessing, LLC in the amount of $225,438.00.
RESOLUTION
NO. 2007-215
WHEREAS, Miller & Associates and the City of Kearney have reviewed the
sealed bids which were opened on October 2, 2007, at 2:00 p.m. for the 2007
Part IV Improvements consisting of public improvements within Avenue A between
11th Street and 13th Street, Avenue I between 14th Street and 15th Street and
14th Street between Avenue I and Avenue K; and
WHEREAS, the Engineer’s Opinion of Probable Construction Cost was $238,169.50;
and
WHEREAS, the
said engineers have recommended the bid offered by Blessing, LLC of Kearney,
Nebraska in the sum of $225,438.00 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 Blessing, LLC of Kearney, Nebraska be and is the lowest responsible
bidder for the 2007 Part IV Improvements consisting of public improvements
within Avenue A between 11th Street and 13th Street, Avenue I between 14th
Street and 15th Street and 14th Street between Avenue I and Avenue K, to be
constructed in accordance with the plans and specifications on file with the
City Clerk and that the bid of Blessing, LLC of Kearney, Nebraska in the sum of
$225,438.00 be and is hereby accepted.
BE IT FURTHER RESOLVED the Engineer’s Opinion of Probable Construction Cost for
2007 Part IV Improvements consisting of public improvements within Avenue A
between 11th Street and 13th Street, Avenue I between 14th Street and 15th
Street and 14th Street between Avenue I and Avenue K in the amount of
$238,169.50 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 9TH DAY OF OCTOBER, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
9.
Approve Change Order No. 1 showing an increase in the amount of $14,770.00 and
an additional 41 days to the contract submitted by Central Contracting, Inc.
and approved by Wilkins Hinrichs Stober Architects for the Kearney Volunteer
Fire Department Station 1 Improvements Project and approve Resolution No.
2007-216.
RESOLUTION NO.
2007-216
WHEREAS, Central
Contracting, Inc. of Kearney, Nebraska has performed services in connection
with the Kearney Volunteer Fire Department Station 1 Improvements Project, and
the City's engineer, Miller & Associates, have filed with the City Clerk
Change Order No. 1 showing an increase in the amount of $14,770.00 and 41
additional working days as shown on Exhibit “A” attached hereto and made a part
hereof by reference.
|
Original Contract Sum
|
$193,904.00
|
|
Change Order No. 1 (10-9-2007) and an additional 41 working days to the
contract time
|
+ 14,770.00
|
|
Contract Sum to Date
|
$208,674.00
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1, as shown
on Exhibit “A”, be and is hereby accepted and approved.
PASSED AND APPROVED THIS 9TH DAY OF OCTOBER, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE
E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
10.
Approve the request submitted by Nicki Rezac to temporarily block off the
parking lot located north of the Museum of Nebraska Art on October 19, 2007
from 12:00 p.m. until 8:00 a.m., October 20, 2007 for a concert.
V.
CONSENT AGENDA ORDINANCES
ORDINANCE NO. 7385 – CREATE PAVING
DISTRICT NO. 2007-919
Item Nos. 1, 2 and 3
pertain to the development of 10th Street from the east line of Lot 1 of Block
2, Jean Michel of Chateau Marteau, thence west to the east line of 9th Avenue,
AND together with 9th Avenue from the north line of Lot 6 of Block 2,
Hammer-McCarty Addition, south to the south line of said Jean Michel of Chateau
Marteau. The City received a letter from the developer, Fred Hammer, requesting
paving, water and sewer improvements for this street.
Chapter 16 of the Nebraska
Revised Statutes sets out the rules by which water, sewer and paving districts
may be created by public entities. The Council has the authority to create
districts and make improvements and assess the costs to the property that is
benefited by the improvements. The Mayor and Council, by ordinance, shall create
districts according to Sections 16-619 and 16-667 of the Nebraska Revised
Statutes. At that time, the City must publish notice of the creation of the
district one time each week for not less than 20 days in a daily or weekly
newspaper of general circulation in the City. After publication, if the owners
of record title representing more than 50% of the front footage of the property
abutting or adjoining any continuous or extending improvements objects in
writing within 20 days (30 days for water and sewer) from the first publication
of said notice the work will not be done. If objections are not filed against
the district in a timely manner that meets the law, the Mayor and Council shall
proceed to construct such improvements.
In accordance
with Section 57-102 of the Unified Land
Development Ordinance, being part of the Kearney City Code requires the
developer to deposit fifty percent of the total estimated costs of the
districts. The remaining unpaid costs of the improvements shall be assessed against
the property in said districts on a basis of special benefit to the property,
if any, as provided by law.
Council Member Lammers introduced
Ordinance No. 7385, being Subsection 1 of Agenda Item V to create Paving
Improvement District No. 2007-919 for 10th Street from the east line of Lot 1
of Block 2, Jean Michel of Chateau Marteau, thence west to the east line of 9th
Avenue, AND together with 9th Avenue from the north line of Lot 6 of Block 2,
Hammer-McCarty Addition, south to the south line of said Jean Michel of Chateau
Marteau, and moved that the statutory rules requiring ordinances to be read by
title on three different days be suspended and said ordinances be considered
for passage on the same day upon reading by number only, and then placed on
final passage and that the City Clerk be permitted to call out the number of
the ordinance on its first reading and then upon its final passage.
Council Member Lear seconded the motion to suspend the rules. President of the
Council asked for discussion or if anyone in the audience was interested in the
ordinance. No one responded. Clerk called the roll which resulted as follows:
Aye: Clouse, Buschkoetter, Lear, Lammers, 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. 7385 by
number. Roll call of those in favor of the passage of said ordinance on the
first reading resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers,
Kearney. Nay: None. Motion carried. Ordinance was read by number.
Moved by Lear seconded by
Buschkoetter that Ordinance No. 7385 be passed, approved and published as
required by law. Roll call resulted as follows: Aye: Clouse, Lear,
Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7385 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. 7386 – CREATE WATER
DISTRICT NO. 2007-548
Council Member Lammers introduced
Ordinance No. 7386, being Subsection 2 of Agenda Item V to create Water
District No. 2007-548 for 10th Street from the east line of Lot 1 of Block 2,
Jean Michel of Chateau Marteau, thence west to the east line of 9th Avenue, AND
together with 9th Avenue from the north line of Lot 6 of Block 2, Hammer-McCarty
Addition, south to the south line of said Jean Michel of Chateau Marteau, and
moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage
on the same day upon reading by number only, and then placed on final passage
and that the City Clerk be permitted to call out the number of the ordinance on
its first reading and then upon its final passage. Council Member Lear
seconded the motion to suspend the rules. President of the Council asked for
discussion or if anyone in the audience was interested in the ordinance. No one
responded. Clerk called the roll which resulted as follows: Aye: Clouse,
Buschkoetter, Lear, Lammers, 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. 7386 by number. Roll
call of those in favor of the passage of said ordinance on the first reading
resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay:
None. Motion carried. Ordinance was read by number.
Moved by Lear seconded by
Buschkoetter that Ordinance No. 7386 be passed, approved and published as
required by law. Roll call resulted as follows: Aye: Clouse, Lear,
Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7386 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. 7387 – CREATE SEWER
DISTRICT NO. 2007-490
Council Member Lammers introduced
Ordinance No. 7387, being Subsection 3 of Agenda Item V to create Sewer
District No. 2007-490 for 10th Street from the east line of Lot 1 of Block 2,
Jean Michel of Chateau Marteau, thence west to the east line of 9th Avenue, AND
together with 9th Avenue from the north line of Lot 6 of Block 2,
Hammer-McCarty Addition, south to the south line of said Jean Michel of Chateau
Marteau, and moved that the statutory rules requiring ordinances to be read by
title on three different days be suspended and said ordinances be considered
for passage on the same day upon reading by number only, and then placed on
final passage and that the City Clerk be permitted to call out the number of
the ordinance on its first reading and then upon its final passage.
Council Member Lear seconded the motion to suspend the rules. President of the
Council asked for discussion or if anyone in the audience was interested in the
ordinance. No one responded. Clerk called the roll which resulted as follows:
Aye: Clouse, Buschkoetter, Lear, Lammers, 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. 7387 by
number. Roll call of those in favor of the passage of said ordinance on the
first reading resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers,
Kearney. Nay: None. Motion carried. Ordinance was read by number.
Moved by Lear seconded by
Buschkoetter that Ordinance No. 7387 be passed, approved and published as required
by law. Roll call resulted as follows: Aye: Clouse, Lear, Lammers,
Kearney, Buschkoetter. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7387 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. 7388 – REPEAL
ORDINANCE NO. 7380 AND VACATE PORTION OF AVENUE N
At the September 11, 2007
Council meeting, the applicant presented a Petition to Vacate the full width of
the portion of Avenue N as it extends north of 22nd Street and dead-ends into
Union Pacific Railroad right-of-way. This portion of the street has never been
constructed and will never connect as a through street because of the railroad.
The Council approved the vacation of the right-of way width of 66 feet or 33
feet each side from centerline. The property on both sides of the road is zoned
General Industrial District. There are no utilities present.
When the City proceeded to
file the ordinance with the Register of Deeds, it was withdrawn for the reason
the lots were not listed. Therefore, it is necessary to repeal the ordinance
and to correct the legal description to include the lots.
Council Member Lammers introduced
Ordinance No. 7388, being Subsection 4 of Agenda Item V to repeal Ordinance No.
7380 and to vacate Avenue N as platted and shown on the original plat of
Whitaker’s Grove Addition to the City of Kearney, Buffalo County, Nebraska
located west of Block 7, east of Block 8, north of the north line of 22nd
Street and south of the Union Pacific Railroad Company’s right-of-way (Avenue N
north of 22nd Street, south of the Union Pacific Railroad north right-of-way),
and moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage
on the same day upon reading by number only, and then placed on final passage
and that the City Clerk be permitted to call out the number of the ordinance on
its first reading and then upon its final passage. Council Member Lear
seconded the motion to suspend the rules. President of the Council asked for
discussion or if anyone in the audience was interested in the ordinance. No one
responded. Clerk called the roll which resulted as follows: Aye: Clouse,
Buschkoetter, Lear, Lammers, 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. 7388 by number. Roll
call of those in favor of the passage of said ordinance on the first reading
resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay:
None. Motion carried. Ordinance was read by number.
Moved by Lear seconded by
Buschkoetter that Ordinance No. 7388 be passed, approved and published as
required by law. Roll call resulted as follows: Aye: Clouse, Lear,
Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7388 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. 7383 – AMEND
CHAPTERS 21 AND 22 OF THE CITY CODE
On September 11, 2007, the
Council adopted the ordinance amending Chapter 20 to allow duplex lots to be
established by Minor Subdivision along the common wall in District R-2, Urban
Residential Mixed-Density District. Revisions to allow townhouse development on
fee simple lots were also discussed. The Council continued amending Chapters 21
and 22 to allow staff to clarify the amendments based on discussion held during
the public hearing.
There were only two changes
to the amendments to Chapters 21 and 22:
1) The required side yard for townhouse developments in Table
21-102 for District R-3 and in Table 22-102 for District R-4 shall remain 15
feet.
2) Note 2 referencing Tables 21-102 and 22-102 shall be
amended to read as follows:
A
minimum thirty (30) feet of separation shall be maintained between any two (2)
adjacent structures containing townhouse units. Such open area shall be managed
as common space by a homeowners association.
The current ordinance
specifies 30 feet of separation based on the 15-foot side yard requirement, and
insures that they cannot be fenced off as part of a private lot, thereby
insuring adequate pedestrian circulation throughout the development.
Section 16-404 of the
Nebraska Revised Statutes provides ordinances of a general or permanent nature
shall be read by title on three different days unless three-fourths of the
council members vote to suspend this requirement. At the last Council meeting,
with the absence of Mayor Clouse and the dissenting vote of Council member
Kearney, the ordinance was placed on first reading.
Council Member Buschkoetter
introduced Ordinance No. 7383, being Subsection 1 of Agenda Item VI to amend
Section 21-102 “Site Development Regulations” of Chapter 21, “District R-3,
Urban Residential Multi-Family District (Medium Density)” of the Code of the
City of Kearney and Section 22-102 “Site Development Regulations” of Chapter
22, “District R-4, Urban Residential Multi-Family District (High Density)” of
the Code of the City of Kearney to allow townhouse development on fee simple
lots, and moved that the statutory rules requiring ordinances to be read by
title on three different days be suspended and said ordinances be considered
for passage on the same day upon reading by number only, and then placed on
final passage and that the City Clerk be permitted to call out the number of
the ordinance on its second reading and then upon its final passage.
Council Member Clouse 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: Clouse, Lammers, Buschkoetter, Lear. Nay: Kearney. 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. 7383 by number. Roll call of those in favor of the passage of said
ordinance on the second reading resulted as follows: Aye: Clouse, Lammers, Buschkoetter,
Lear. Nay: Kearney. Motion carried. Ordinance was read by number.
Moved by Clouse seconded by
Lammers that Ordinance No. 7383 be passed, approved and published as required
by law. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear, Lammers.
Nay: Kearney. Motion carried.
By reason of the roll call voted
on the second reading and final passage of the ordinance, Ordinance No. 7383 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. 7376 – REZONING
SOUTH OF 56TH STREET, WEST OF 2ND AVENUE AND EAST OF 17TH AVENUE (PERTAINS TO
PUBLIC HEARING 2)
Moved by Lammers seconded by Lear
remove from the table Ordinance No. 7376. Roll call resulted as follows:
Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion
carried.
Council Member Lear introduced
Ordinance No. 7376, being Subsection 2 of Agenda Item VI to rezone from
“District AG, Agricultural District” to “District C-2, Community Commercial
District” containing 8.74 acres, more or less AND to “District R-3/PD, Urban
Residential Multi-Family District (Medium Density)/Planned Development Overlay
District” property described as part of the Northeast Quarter of the Northwest
Quarter of Section 26, Township 9 North, Range 16 West of 6th P.M., containing
9.73 acres, more or less, Buffalo County, Nebraska (south of 56th Street, west
of 2nd Avenue and east of 17th 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 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: Clouse, Lear, Lammers, Buschkoetter.
Nay: Kearney. 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. 7376 by number. Roll call of those in favor of
the passage of said ordinance on the first reading resulted as follows: Aye:
Clouse, Lear, Lammers, Buschkoetter. Nay: Kearney. Motion carried. Ordinance
was read by number.
Moved by Buschkoetter seconded by
Clouse that Ordinance No. 7376 be passed, approved and published as required by
law. Roll call resulted as follows: Aye: Clouse, Lammers, Buschkoetter,
Lear. Nay: Kearney. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7376 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. 7389 – REZONING AT
5165 LONG ISLAND ROAD (PERTAINS TO PUBLIC HEARING 7)
Council Member Clouse introduced
Ordinance No. 7389, being Subsection 3 of Agenda Item VI to rezone from
“District AG, Agricultural District” to “District RR-1, Rural Residential
District (Rural Standards) District” property described as a tract of land
being part of the East Half of the Southwest Quarter of the Southeast Quarter
of Section 8, Township 8 North, Range 16 West of the 6th P.M., containing 0.17
acres, more or less, Buffalo County, Nebraska (5165 Long Island Road), and
moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage
on the same day upon reading by number only, and then placed on final passage
and that the City Clerk be permitted to call out the number of the ordinance on
its first reading and then upon its final passage. Council Member Kearney
seconded the motion to suspend the rules. President of the Council asked for
discussion or if anyone in the audience was interested in the ordinance. No one
responded. Clerk called the roll which resulted as follows: Aye: Clouse,
Kearney, Buschkoetter, Lear, Lammers. 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. 7389 by number. Roll
call of those in favor of the passage of said ordinance on the first reading
resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay:
None. Motion carried. Ordinance was read by number.
Moved by Kearney seconded by
Lammers that Ordinance No. 7389 be passed, approved and published as required
by law. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear,
Lammers, Kearney. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7389 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. 7390 – VACATE LOT 1,
ROBERT W. SORENSEN SUBDIVISION (PERTAINS TO PUBLIC HEARING 8)
Council Member Clouse introduced
Ordinance No. 7390, being Subsection 4 of Agenda Item VI to vacate Lot 1,
Robert W. Sorensen Subdivision, a subdivision being part of the West Half of
the Southwest Quarter of the Southeast Quarter of Section 8, Township 8 North,
Range 16 West of the 6th P.M., Buffalo County, Nebraska (5165 Long Island
Road), and moved that the statutory rules requiring ordinances to be read by
title on three different days be suspended and said ordinances be considered
for passage on the same day upon reading by number only, and then placed on
final passage and that the City Clerk be permitted to call out the number of
the ordinance on its first reading and then upon its final passage. Council
Member Kearney seconded the motion to suspend the rules. President of the
Council asked for discussion or if anyone in the audience was interested in the
ordinance. No one responded. Clerk called the roll which resulted as follows:
Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers. 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. 7390 by
number. Roll call of those in favor of the passage of said ordinance on the
first reading resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear,
Lammers. Nay: None. Motion carried. Ordinance was read by number.
Moved by Kearney seconded by
Lammers that Ordinance No. 7390 be passed, approved and published as required
by law. Roll call resulted as follows: Aye: Clouse, Buschkoetter, Lear,
Lammers, Kearney. Nay: None. Motion carried.
By reason of the roll call voted on
the first reading and final passage of the ordinance, Ordinance No. 7390 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. 7391 – VACATE
EASEMENT IN CEDAR HILLS SUBDIVISION
The applicant is requesting
approval to vacate the 10-foot wide utility easement as platted across his lot
since the existing utility lines are actually installed along a different
alignment outside of the platted easement. There are no utilities present in
the platted easement. A new 10-foot wide easement will be recorded under
separate instrument that will contain the existing utilities and any future
utilities within its boundaries. The new easement will be partially on the
applicant’s property and partially on the neighboring lot to the north. The
owner of abutting property is aware of this situation.
Mitch Humphrey from Buffalo
Surveying presented this matter to the Council. When the Cedar Hills
Subdivision was platted, dedicated and ultimately built, the utilities would
have been located through a bunch of trees and some rather rough terrain.
The utility companies chose not to build on that path. Since the property
owners on the east and west of this site have split the ground and created a
minor subdivision, they want to re-dedicate a new easement via a separate
document entirely on the Miller tract. This will more accurately depict
the location of the utilities.
Council Member Lammers introduced
Ordinance No. 7391, being Subsection 5 of Agenda Item VI to vacate a portion of
the 10.0 foot wide utility easement as platted on property described as Lot 23,
together with part of Lot 1, Block 2, Cedar Hills Subdivision, a subdivision
being part of the East Half of the Northeast Quarter of Section 21, Township 9
North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (3805 West Cedar
Hills Drive), and moved that the statutory rules requiring ordinances to be
read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the
number of the ordinance on its first reading and then upon its final passage.
Council Member Lear seconded the motion to suspend the rules. President of the
Council asked for discussion or if anyone in the audience was interested in the
ordinance. No one responded. Clerk called the roll which resulted as follows:
Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. 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. 7391 by
number. Roll call of those in favor of the passage of said ordinance on the
first reading resulted as follows: Aye: Clouse, Lear, Lammers, Kearney,
Buschkoetter. Nay: None. Motion carried. Ordinance was read by number.
Moved by Lear seconded by
Buschkoetter that Ordinance No. 7391 be passed, approved and published as
required by law. Roll call resulted as follows: Aye: Clouse, Lammers,
Kearney, Buschkoetter, Lear. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7391 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 FOR INLINE HOCKEY RINK
SPORT FLOOR AT APOLLO PARK
Mayor Clouse opened for
discussion the bids received for the purchase and installation of inline hockey
rink sport floor at Apollo Park and to consider approval of Resolution No.
2007-217 awarding the bid to Sport Court of Nebraska in the amount of
$43,927.00.
Recreation Superintendent
Scott Hayden presented this matter to the Council. The Kearney
Park and Recreation Department started an inline hockey program around 1995.
At that time, the Kearney Optimist Club sponsored and purchased a portable rink
system called Border Patrol (1-foot high foam panels). Over the years the
concrete was repaired several times in order to keep the playing surface
smooth. However, due to continued concrete heaving and sprawling, the Park
& Rec Department deemed the surface unplayable and discontinued the program
in 2006.
In the summer
of 2006, Erika Moore approached City staff to see if there was something that
the Ice Hockey Association could do to help. A plan was developed to put in
permanent dasher boards and modular sport
surfacing over the concrete. The cost of the project
would be $75,000-$80,000. Meetings were conducted with the Adult and Youth Ice
Hockey Association to determine the need for inline hockey. Both Associations
were very much in favor of the project as an inline hockey rink would
supplement the ice hockey program nicely. Inline leagues, camps, tournaments
and open play could be conducted. In December of 2006, the plan was presented
to the Park and Recreation Advisory Board and the Board was in favor of the
project.
The City of
Kearney advertised for (1) the purchase and installation of inline hockey modular sport
flooring, and (2) the purchase and installation of inline hockey dasher
boards for an inline hockey rink at Apollo Park. At the last Council
meeting, the Council awarded the bid to Premier Rinks, dba Athletica for the
dasher boards. The City needed additional time to review the bids received for
the modular sport flooring. The City received the following bids for the
flooring:
|
Bidder
|
Sport Flooring
|
|
Mate’flex
Utica, NY
|
$31,475.00
|
|
Sport Court of Nebraska
Omaha, NE
|
$43,927.00
|
|
Becker Arena Products
Burnsville, MN
|
$44,425.00
|
|
Premier Rinks, dba
Athletica
Minneapolis, MN
|
No Bid
|
The Apollo Park Inline
Hockey Committee has raised $40,000.00 for this project that will be put
towards the dasher boards, flooring, and other amenities (signs, benches). The
City of Kearney will spend up to $30,000 from the Park Development Fund and
$10,000 from City Sales Tax.
They decided in the best
interest of the hockey rink based on playability, potential long term
maintenance, tear issues and warranty, they believed that Sport Court of
Nebraska had the superior product. As part of the bid, the bidders had to
show three projects of similar size they have done in the Midwest (Kansas,
Missouri, Colorado, Dakotas). Mr. Hayden did contact some of the
businesses regarding their projects. They found a couple of towns had
both Sport Court and Mate’flex which was interesting to hear their comparison
of the product. From a players’ point of view, they found there is less
friction, smoother surface (can actually see and feel the difference) and the
surface is more forgiving with Sport Court. They also found that with the
sport flooring there are a variety of levels. All of the companies have a
residential level and different types for different sport.
The one flooring
recommended by Mate’flex was a lower level that they would not be happy with
4-5 years later. Sport Court has installed flooring all over all Nebraska
(Abbot Sports Center, several sites in Omaha, including Quest Center uses a
different type for volleyball, Chadron, etc.). Other deciding factors
were that tiles from some other companies were reported to have chipped.
They also considered from a friction standpoint, that if a player falls there
are some subtle rounded corners on the Sport Court tiles which provide a safety
feature. Although there is a significant price difference, they decided
for the long term, the best interest of the players and the City, Sport Court
had more to offer.
Mr. Hayden stated that the
City could easily get 20+ years use from this rink. Only regular checks
and maintenance were reported by those contacted having Sport Court
flooring. This rink will be open for “open play” so we are not always
going to be there monitoring its use so it needs to hold up to public
play.
Council member Lammers
asked if any hours of play had been established since there was some concern
that this is located in a residential area. Mr. Hayden responed that it
should be the same as for the basketball since it does not have lights.
Mr. Hayden stated play time should not be more than sun up to sun down in the
summer and league times will not be scheduled late.
Moved by Buschkoetter seconded by
Clouse to approve the bid received for the purchase and installation of inline
hockey rink sport floor at Apollo Park and approve Resolution No. 2007-217
awarding the bid to Sport Court of Nebraska in the amount of $43,927.00. Roll
call resulted as follows: Aye: Clouse, Kearney, Buschkoetter, Lear, Lammers.
Nay: None. Motion carried.
RESOLUTION
NO. 2007-217
WHEREAS, the City of Kearney has reviewed the sealed bids which were opened on
September 18, 2007 at 2:00 p.m. for the purchase and installation of modular
sport flooring for an inline hockey rink to be located at Apollo Park; and
WHEREAS, City
staff has recommended the bid offered by Sport Court of Nebraska from Omaha,
Nebraska be accepted as the lowest responsible bid for the purchase and
installation of modular sport flooring for an inline hockey rink to be located
at Apollo Park.
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 Sport Court of Nebraska from Omaha, Nebraska be and is the
lowest responsible bidder for the purchase and installation of modular sport
flooring for an inline hockey rink to be located at Apollo Park to be
constructed in accordance with the plans and specifications on file with the
City Clerk and that the bid of Sport Court of Nebraska from Omaha, Nebraska in
the sum of $43,927.00 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 for the purchase and installation of modular
sport flooring for an inline hockey rink to be located at Apollo Park.
PASSED AND APPROVED THIS 9TH DAY OF OCTOBER, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
PROHIBITING ALCOHOL IN CITY PARKS,
INCLUDING E.K. AND MARY YANNEY HERITAGE PARK
Mayor Clouse opened for
discussion the policy prohibiting alcoholic beverages in or upon the City parks
and its facilities including E.K. and Mary Yanney Heritage Park and its
facilities and to consider approval of Resolution No. 2007-218.
The Kearney Park &
Recreation Advisory Board met in a special session on September 13, 2007.
At that meeting the Board reviewed the alcohol usage policy for E.K. and Mary
Yanney Heritage Park and its impact on the City Park System. The Board
reviewed the applications for Special Designated Licenses and determined that
the availability of alcohol at the park facilities was an insignificant factor
in the building rental. Furthermore, the consumption of alcohol at park
facilities was incongruent to the role and mission of the Park & Recreation
Department.
With the future dedication
of E.K. and Mary Yanney Heritage Park to the City’s park system and with the
public perception that it already is a City park, the Board recommends to the
City Council to suspend alcohol usage at E.K. and Mary Yanney Heritage Park;
thereby, maintaining a “no alcohol” usage policy at ALL City parks and their
facilities.
Moved by Clouse seconded by
Kearney to adopt the policy prohibiting alcoholic beverages in or upon the City
parks and its facilities including E.K. and Mary Yanney Heritage Park and its
facilities and approve Resolution No. 2007-218. Roll call resulted as follows:
Aye: Clouse, Buschkoetter, Lear, Lammers, Kearney. Nay: None. Motion carried.
RESOLUTION NO.
2007-218
WHEREAS, the City of Kearney currently has a policy prohibiting the use of
alcoholic beverages in or on all park lands operated by the City of Kearney;
and
WHEREAS, in the near future the E.K. and Mary Yanney Heritage Park will be
dedicated to the City of Kearney as part of its park system; and
WHEREAS, City staff and the City Council have determined that it is in the best
interest of the citizens of Kearney to prohibit the use of alcoholic beverages
in or on the E.K. and Mary Yanney Heritage Park and/or in any of its
facilities.
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, that all alcoholic beverages are strictly prohibited in or
upon all City parks and its facilities including the E.K. and Mary Yanney
Heritage Park.
PASSED AND APPROVED THIS 9TH DAY OF OCTOBER, 2007.
ATTEST:
STANLEY A. CLOUSE
MICHAELLE
E.
TREMBLY
PRESIDENT OF THE COUNCIL
CITY
CLERK
AND EX-OFFICIO MAYOR
ORDINANCE NO. 7371 – ANNEXATION OF
NRD PROPERTY
Mayor Clouse stated that Section
16-404 of the Nebraska Revised Statutes provides ordinances of a general or
permanent nature shall be read by title on three different days unless
three-fourths of the council members vote to suspend this requirement.
However, such requirement shall not be suspended for any ordinance for the
annexation of territory. Therefore, the title of Ordinance No. 7371 shall
be read on three different days. The first reading took place on August 28,
2007.
Moved by Kearney seconded by
Lammers that Ordinance No. 7371 to extend the boundaries and include with the
corporate limits of, and to annex to the City of Kearney, Nebraska, a tract of
land being part of the Northeast Quarter of Section 24, Township 9 North, Range
16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described
as follows: Referring to the southeast corner of the Northeast Quarter of said
Section 24 and assuming the east line of said Northeast Quarter as bearing
north and all bearings contained herein are relative thereto; thence north on
the aforesaid east line a distance of 770.0 feet to the ACTUAL PLACE OF
BEGINNING; thence continuing north on the aforedescribed course a distance of
232.16 feet; thence S89°59’W and parallel with the south line of the Northeast
Quarter of said section a distance of 196.0 feet; thence N51°03’37”W a distance
of 1864.08 feet to the point of curvature; thence on a 5754.58 foot radius
curve to the left forming a central angle of 02°39’48” a distance of 267.5
feet; thence leaving said curve non-tangent S00°08’09”W parallel with and 785.0
feet easterly of the west line of said Northeast Quarter a distance of 1889.48
feet; thence N89°59’E and parallel with the south line of said Northeast
Quarter a distance of 631.26 feet; thence south and parallel with the east line
of said Northeast Quarter a distance of 448.0 feet to a point on the south line
of said Northeast Quarter; thence N89°59’E and on the aforesaid south line a
distance of 150.0 feet; thence north parallel with the east line of said
Northeast Quarter a distance of 530.0 feet; thence N89°59’E and parallel with
the south line of said Northeast Quarter a distance of 731.0 feet; thence north
and parallel with the east line of said Northeast Quarter a distance of 240.0
feet; thence N89°59’E and parallel with the south line of said Northeast
quarter a distance of 350.0 feet to the place of beginning. Containing
46.921 acres, more or less, of which 0.176 acres, more or less, are presently
being used for road purposes on the east side. Subject to, however, a
60.0 foot strip of land which is to be reserved for future ingress-egress
easement purposes with said 60.0 foot strip of land being more particularly
described as follows: Referring to the southeast corner of the Northeast
Quarter of said Section 24; thence S89°59”W and on the south line of said
Northeast Quarter a distance of 1081.0 feet to the ACTUAL PLACE OF BEGINNING;
thence continuing S89°59’W and on the aforesaid south line a distance of 150.0
feet; thence north and parallel with the east line of said Northeast Quarter a
distance of 60.0 feet; thence N89°59’E and parallel with the south line of said
Northeast Quarter a distance of 150.0 feet; thence south and parallel with the
east line of said Northeast Quarter a distance of 60.0 feet to the place of
beginning, all located in Buffalo County, Nebraska be placed on third reading
and that the ordinance be read by title on three different days. 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: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. City
Clerk read Ordinance No. 7371 by title only.
Moved by Lammers seconded by Lear
that Ordinance No. 7371 be passed, approved and published as required by law.
Roll call resulted as follows: Aye: Clouse, Lammers, Kearney,
Buschkoetter, Lear. Nay: None. Motion carried.
By reason of the roll call voted
on the first reading and final passage of the ordinance, Ordinance No. 7371 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. 7384 – ANNEXATION OF
5.88 ACRES ADJACENT TO WASTEWATER TREATMENT PLANT
Mayor Clouse stated that because
of the annexation of this area, the title of Ordinance No. 7384 shall be read
on three different days.
Moved by Lear seconded by
Buschkoetter that Ordinance No. 7384 to extend the boundaries and include with
the corporate limits of, and to annex to the City of Kearney, Nebraska, a tract
of land being part of accretion abutting Government Lot 6 on the south and
located in the Southeast Quarter of Section 8, Township 8 North, Range 15 West
of the 6th P.M., Buffalo County, Nebraska and more particularly described as
follows: Referring to the northeast corner of Government Lot 7 in said Section
8 and assuming the east line of said Government Lot 7 as bearing S00°10”49”W
and all bearings contained herein are relative thereto; thence S00°10’49”W and
on said east line a distance of 849.57 feet; thence S82°52’34”W a distance of
1877.45 feet to the actual place of beginning; thence S82°52’34”W continuing on
the aforesaid line a distance of 452.0 feet; thence S00°10’49”W parallel to
said east line a distance of 637.23 feet to the centerline of the North Channel
of the Platte River; thence N48°59’35”E on said centerline a distance of 21.56
feet; thence N42°06’13”E continuing on said centerline a distance of
95.81 feet; thence N66°20’07”E a distance of 32.48 feet; thence N85°11’36”E a
distance of 160.63 feet; thence S87°30’32”E a distance of 178.5 feet; thence
leaving said centerline N00°10”19”E parallel with said east line a distance of
598.32 feet to the place of beginning, containing 5.88 acres, more or
less, all located in Buffalo County, Nebraska be placed on second reading and
that the ordinance be read by title on three different days. 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: Clouse, Kearney, Buschkoetter, Lear, Lammers. Nay: None. Motion carried.
City Clerk read Ordinance No. 7384 by title only.
OPEN ACCOUNT CLAIMS: PLATTE VALLEY
STATE BANK - $42,247.73, NPPD - $1,470.73, STAN CLOUSE - $324.63
Moved by Buschkoetter seconded by
Kearney that Open Account Claims in the amount of $42,247.73 payable to Platte
Valley State Bank, in the amount of $1,470.73 payable to Nebraska Public Power
District, and in the amount of $324.63 payable to Stan Clouse be allowed. Roll
call resulted as follows: Aye: Buschkoetter, Lammers, Kearney. Nay: None.
Clouse and Lear abstained. Motion carried.
VII.
REPORTS
None.
VIII.
ADJOURN
Moved by Lear seconded by
Buschkoetter that Council adjourn at 8:03 p.m. Roll call resulted as follows:
Aye: Clouse, Lear, Lammers, Kearney, Buschkoetter. Nay: None. Motion carried.
STANLEY A. CLOUSE
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK