Kearney, Nebraska
June 10, 2003
7:30 p.m.
A meeting of the City Council of Kearney, Nebraska, was
convened in open and public session at 7:30 p.m. on June 10,
2003, in the Council
Chambers at City Hall. Present were: Bruce Blankenship, President
of the Council; Michaelle Trembly, City Clerk; Council Members Randy Buschkoetter,
Galen Hadley, Don Kearney, and Jose Zapata. Absent: None. G. Allen
Johnson, City Manager; Michael Kelley, City Attorney; John Prescott, Assistant
City Manager; Wendell Wessels, Director of Finance and Administration; Kirk
Stocker, Director of Utilities; and Rod Wiederspan, Director of Public Works
were also present. Some of the citizens present in the audience included:
Chris Wissing, Dale Nispel, George Volz, Neal Lewis, Officer Robin Elliott, Jim
Bleb, Mitch Humphrey, Ken Cordes, Paul Brungardt, Mike Anderson, Jerry Winslow,
Ron Ridgway, Jon Abegglen, Stan Clouse, Denny Houska, Mike Konz from Kearney
Hub, Mike Cahill from KKPR Radio, and Dave Jenner 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
Reverend Ken Fairbrother of Countryside Christian Church
provided the Invocation.
PLEDGE OF
ALLEGIANCE
The Council members led the audience in the Pledge of
Allegiance.
ORAL
COMMUNICATIONS – PRESENTATION OF CENTENNIAL PARK POOL OPENING.
Director of Park and Recreation presented the Council with
some pictures of the opening of Centennial Park Pool.
ORAL
COMMUNICATIONS
There was no other Oral Communications.
II. UNFINISHED BUSINESS
There was no Unfinished Business.
III. PUBLIC HEARINGS
LIQUOR
LICENSE – CUNNINGHAM’S JOURNAL
Mayor Blankenship opened the public hearing on the application
for a Class ‘C’ (Spirits, Wine and Beer – On and Off Sale) Catering Liquor License submitted by NIGHT LIFE
CONCEPTS, INC., dba “Cunningham’s Journal” located at 15 West 23rd Street, consider the application for
Corporate Manager of Michael Anderson, and to consider Resolution No. 2003-73.
Cunningham’s is an existing liquor license and would not add
an additional liquor license to the community. The business has no significant
history of problems or issues regarding the license. The applicant has been involved
in the bar/restaurant business for some time and has demonstrated his ability
to manage and run this type of business in an appropriate and lawful manner.
The City has the right to review and conduct an
investigation on the issuance of a license to dispense alcohol and on the
person who will operate the business. The City may then make a recommendation
to the State of Nebraska
Liquor Commission on
the suitability of the license and the person who will manage the
business. The area is suitable for the purpose and zoned correctly. A
previous similar establishment has been successfully operated at the location.
The license is designed to replace a previous license and will not create any
undue burden on City resources or services.
Nothing in the background indicated that the applicant would
not be suitable to run/manage this business. The background also indicated that
the location and business type are suitable and acceptable.
Applicant Michael Anderson presented this matter to the
Council. He stated that he is a native of Kearney and received his degree in Marketing and Management from
UNK. He came before the Council last year as corporate manager of
“Castaways” with the liquor license in his name and has since left that
venture. He has purchased Cunningham’s Journal. He has been in the
service industry for six to seven years and has had liquor responsibility for
the past five years.
He stated that he does not allow minors in the bar at any
hour. The only exception would be a child accompanying a parent that he
knows personally up until the hours of 8:00 p.m. or 9:00 p.m. His personal feeling is that
minors do not belong in a liquor establishment. Serving an intoxicated person
is illegal and not in their best interest. He also believes that each person
has reasonable limits. At that point, it becomes a matter of judgment for
them because they are not in a frame of mind to make that decision for themselves.
He stated that he hopes to establish that policy within his premises with his
staff.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Buschkoetter to close the
hearing and approve the application for a Class ‘C’ (Spirits, Wine and Beer –
On and Off Sale) Catering Liquor License submitted by NIGHT LIFE CONCEPTS,
INC., dba “Cunningham’s Journal” located at 15 West 23rd Street, approve the
application for Corporate Manager of Michael Anderson, and approve Resolution
No. 2003-73. Roll call resulted as follows: Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter.
Nay: None. Motion carried.
RESOLUTION
NO. 2003-73
WHEREAS, NIGHT LIFE CONCEPTS, INC., dba “Cunningham’s Journal” has filed with
the Nebraska Liquor Control Commission and the City Clerk of the City of Kearney,
Nebraska, an application for a Class ‘C’ (Beer, Wine and Distilled Spirits – On
and Off Sale) Catering Liquor License to do business at 15 West 23rd Street,
Kearney, Nebraska, and has paid all fees and done all things required by law as
provided in the Nebraska Liquor Control Act; and
WHEREAS, a hearing was held relating to said application on June 10, 2003.
NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City
of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor
Control Commission of the issuance of a Class ‘C’ (Beer, Wine, and Distilled
Spirits – On and Off Sale) Catering Liquor License to NIGHT LIFE CONCEPTS,
INC., dba “Cunningham’s Journal” located at 15 West 23rd Street, Kearney,
Nebraska.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED AND APPROVED THIS 10TH DAY OF JUNE, 2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY CLERK
REZONING – GOOD SAMARITAN HOSPITAL, NORTH OF 3301 2ND AVENUE
Mayor Blankenship opened the public hearing on the
Application submitted by John Gardner (Applicant) for Good Samaritan Hospital
(Owner) to rezone from "District R-1, Urban Residential Single-Family
District (Low Density)" to "District C-0, Office District"
property described as Lots 12 and 13, Ragain's Subdivision to the City of
Kearney, Buffalo County, Nebraska (north of 3301 2nd Avenue). Planning
Commission recommended approval.
This public hearing and items 1 and 2 of the Regular Agenda
were discussed together but voted on separately.
Council member Hadley stated that since he is a member of
the Board of Directors, he would vacate his chair and abstain from discussion
and voting on this matter.
In October 2002, the Design and Development Team for Good
Samaritan Hospital requested approval of a major hospital facilities renovation
and expansion at the current site. This proposal was for a multi-phase
project that will occur over several years time span. At that time the
team stated that each phase will be brought before the Planning Commission and
City Council as the campus develops. The current phase consists of
development of property for Denny’s Photography which involved land swap between
the Owners of that property and the hospital. Work has already started on
the Denny’s site since it has been part of the Master Plan since the
beginning. Processing of the project has been delayed as the City was
waiting for signatures from the Nebraska Department of Roads on vacation
forms. Approvals required for this phase include rezoning as well as
vacation of portions of existing subdivisions, and subdivision platting.
Rezoning
The request is to rezone the land to C-0. Lots 12 and
13 of Ragain’s Subdivision are currently zoned R-1 and were not included in the
2002 rezoning application. GSH has constructed parking on these lots for
Denny’s Photography, a commercial business, as part of their negotiations to
acquire property from the owner. These lots needed to be rezoned to a
commercial designation to allow commercial parking and to be consistent with
the zoning in the area.
Subdivision Vacations
Some of the existing subdivisions must be vacated in order
to replat the land holdings that comprise the proposed Good Samaritan Third
Subdivision.
Subdivision Plats
The applicant is requesting approval of the Final
Subdivision Plat for Good Samaritan Third Subdivision. The Preliminary
Plat was approved by Planning Commission on May 16, 2003. This is a one-lot subdivision containing Denny’s
Photography and associated parking.
A portion of the existing building encroaches into the
building setback on the south side of the lot. This encroachment resulted
when the right-of-way for 33rd Street
was dedicated to the City. Staff is working with the Owners to prepare
and execute a letter of agreement recognizing the encroachment as a
nonconforming structure as referenced in Chapter 58 of the Unified Land
Development Ordinance. This section of the code allows the nonconforming
structure to remain until some major site change in the future will require
compliance with the new setback. In the future, if the encroaching
section of the building is removed the building must comply with setbacks.
George Volz from Good Samaritan Hospital presented this
matter to the Council. He stated the request for rezoning is to locate a
parking lot on the two lots.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Zapata to close the
hearing and approve the Application submitted by John Gardner (Applicant) for
Good Samaritan Hospital (Owner) to rezone from "District R-1, Urban
Residential Single-Family District (Low Density)" to "District C-0,
Office District" property described as Lots 12 and 13, Ragain's
Subdivision to the City of Kearney, Buffalo County, Nebraska (north of 3301 2nd
Avenue). Roll call resulted as follows: Aye: Blankenship, Zapata, Buschkoetter,
Kearney. Nay: None. Hadley
abstained. Motion carried.
REZONING –
JERRY WINSLOW; 1832 AVENUE G
Mayor Blankenship opened the public hearing on the
Application submitted by Jerry and Elizabeth Winslow (Applicant and Owner) to
rezone from "District M-2, General Industrial District" to
"District R-2, Urban Residential Mixed-Density District" property
described as all of Lot 965 and the north 28.6 feet of Lot 966, Original Town
of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (1832
Avenue G). Planning Commission recommended approval.
The applicant is pursuing approval of Rezoning for property
located at 1832 Avenue G. The property is zoned M-2 but developed as a
residence. The applicant desires R-2 zoning which is prevalent in the
area to the south of this lot. Two lots will remain M-2 zoning between
the subject property and the block of R-2 zoning to the south. The owner
is interested in rezoning this parcel because residential is a nonconforming
use in M-2 zoning and he would like to build an addition on the house and build
a new garage. Nonconforming uses cannot be expanded or enlarged. In
addition, the house could not be rebuilt if it were damaged by a natural
disaster.
Jerry Winslow presented this matter to the Council. He
stated that he had applied for a permit to build a garage on his property and
found that due to the zoning he was unable to do so. He requested the
change in zoning in order to complete that project.
Mayor Blankenship stated that over the last year, there have
been a dozen or more rezoning requests like Mr. Winslow’s. This is a
fairly routine item. For Mr. Winslow to complete his project and resale
in the future, this needs to be done.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Zapata to close the hearing and
approve the Application submitted by Jerry and Elizabeth Winslow (Applicant and
Owner) to rezone from "District M-2, General Industrial District" to
"District R-2, Urban Residential Mixed-Density District" property
described as all of Lot 965 and the north 28.6 feet of Lot 966, Original Town
of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (1832
Avenue G). Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter,
Kearney, Zapata. Nay: None.
Motion carried.
CONDITIONAL
USE PERMIT – PLATTE VALLEY COMMUNICATIONS; 2215 AVENUE I
Mayor Blankenship opened the public hearing on the
Application submitted by Dale Nispel for Platte Valley Communications (Applicant
and Owner) for a Conditional Use Permit to replace an existing 35-foot tower
with a 50-foot communications tower on property zoned "District M-1,
Limited Industrial District) and described as Lots 9, 10, and 11 in George's
Subdivision except a part of Lot 9, to the City of Kearney, Buffalo County,
Nebraska (2215 Avenue I). Planning Commission recommended approval.
The applicant is requesting approval of a Conditional Use
Permit (CUP) to replace an existing 35-foot tower with a new 50-foot tower at
2215 Avenue A, Platte Valley Communications. The new tower will be
located in the same place as the existing tower. All the required paperwork for
the F.C.C., F.A.A. and other government agencies is in order. The footing
and mounting system has been designed by an engineer licensed in the State of Nebraska.
Dale Nispel from Platte Valley Communications presented this
matter to the Council. He stated that they have had a tower in the back
of their business at Railroad
Street and Avenue I
for 25 years, which needs to be reworked. In the process, he would like
to increase the height from 35 feet to 50 feet. Due to requirements for
wireless in Kearney, the tower needs to be higher than
the trees. The existing tower is lower that the trees around it.
There was no one present in opposition to this hearing.
Moved by Zapata seconded by Blankenship to close the hearing
and approve the Application submitted by Dale Nispel for Platte Valley
Communications (Applicant and Owner) for a Conditional Use Permit to replace an
existing 35-foot tower with a 50-foot communications tower on property zoned
"District M-1, Limited Industrial District) and described as Lots 9, 10,
and 11 in George's Subdivision except a part of Lot 9, to the City of Kearney,
Buffalo County, Nebraska (2215 Avenue I). Roll call resulted as
follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley. Nay: None. Motion carried.
REZONING –
JOHNSON IMPERIAL HOME; 4005
7TH AVENUE
Mayor Blankenship opened the public hearing on the
Application submitted by Chris Wissing (Applicant) for Johnson Imperial Home
Co. (Owner) for Planned District Development Plan Approval for the construction
of a medical office on property zoned "District C-0/PD, Office/Planned
Development Overlay District" and described as Lot 5, Windsor Estates
Tenth Addition to the City of Kearney, Buffalo County, Nebraska (4005 7th
Avenue) and to consider Resolution No. 2003-74. Planning Commission recommended
approval.
The applicant is pursuing approval of Development Plans for
a medical clinic to be located at 4005 7th Avenue. The property is zoned C-0/PD. The office
building features a partial basement. The proposed building materials
include brick, stucco and asphalt shingles. The site is well landscaped. The site
will drain into the street. Thirteen parking stalls are required and 17
stalls are provided. Impervious coverage is 72.2 percent which is within
allowable limits. This project is nicely done and will complement the
existing development in the area.
Chris Wissing from Johnson Imperial Homes Co. presented this
matter to the Council. He stated that the property is located straight
north of Sickler’s Orthotics and Prosthetics on 7th Avenue. The garage will be used for possible future
expansion, but will be used for storage at this time.
There was no one present in opposition to this hearing.
Moved by Blankenship seconded by Kearney to close the
hearing and approve the Application submitted by Chris Wissing (Applicant) for
Johnson Imperial Home Co. (Owner) for Planned District Development Plan
Approval for the construction of a medical office on property zoned
"District C-0/PD, Office/Planned Development Overlay District" and
described as Lot 5, Windsor Estates Tenth Addition to the City of Kearney,
Buffalo County, Nebraska (4005 7th Avenue) and approve Resolution No.
2003-74. Roll call resulted as follows: Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter.
Nay: None. Motion carried.
RESOLUTION
NO. 2003-74
WHEREAS, Chris Wissing (Applicant) for Johnson Imperial Home Co. (Owner) has
applied for Development Plan Approval for the construction of a medical office
on property zoned “District C-0/PD, Office/Planned Development Overlay
District” and described as Lot 5, Windsor
Estates Tenth Addition to the City of Kearney, Buffalo County, Nebraska (4005
7th Avenue).
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the application of Chris Wissing (Applicant) for Johnson
Imperial Home Co. (Owner) for Development Plan Approval for the construction of
a medical office on property zoned “District C-0/PD, Office/Planned Development
Overlay District” and described as Lot 5, Windsor Estates Tenth Addition to the
City of Kearney, Buffalo County, Nebraska (4005 7th Avenue) be approved.
PASSED AND APPROVED THE 10TH DAY OF
JUNE, 2003.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY CLERK
REZONING – PLATTE RIVER INVESTMENTS; east side of Antelope
Avenue and north of 3409 Antelope Avenue for 581.1 feet
Mayor Blankenship opened the public hearing on the
Application submitted by Mitch Humphrey (Applicant) for David Oldfather,
President of Platte River Investments, L.L.C. (Owner) to rezone from
"District AG, Agricultural District" to "District M-1, Limited
Industrial District" property described as a tract of land being part of
Government Lots 2 and 4 located in Section 32, Township 9 North, Range 15 West
of the 6th P.M., containing 5.01 acres, more or less, Buffalo County, Nebraska
(east side of Antelope Avenue and north of 3409 Antelope Avenue for 581.1
feet). Planning Commission recommended approval.
This hearing and the next two hearings were discussed
together but voted on separately.
The Applicant is requesting approval for a subdivision in
east Kearney to be known as Platte River Commercial Park 5th Addition. This property was rezoned to M-1 in the
past but the new zoning map adopted with the UDO was in error and the property
was not shown correctly. Therefore, another rezoning request to M-1 is
required along with subdivision platting and annexation for one lot.
Rezoning
The request is to rezone the 5.01-acre tract to M-1, Limited
Industrial District. Since this property was rezoned in the past to M-1,
it seems reasonable to rezone it once more.
Subdivision Plats
The applicant is requesting approval of the Final
Subdivision Plat for Platte River Commercial Park 5th Addition. The Preliminary Plat was approved May 16, 2003. This is a one-lot
subdivision containing 1.74 acres and 220 feet of frontage along Antelope Avenue. A shared driveway onto Antelope Avenue is required. The plat shows a
20-foot easement for the shared driveway. A Public Works Plan is not
required. A Subdivision Agreement is not required.
Annexation
The proposed subdivision is located adjacent to the city
limits and all municipal services are available. Therefore, if the
rezoning and platting is approved, the property should be annexed into the
corporate boundary of the City of Kearney.
Mitch Humphrey from Buffalo Surveying presented this matter
to the Council. He stated that he believes that the rezoning is a
housekeeping item. The request is to rezone what was inadvertently “unzoned”
when the UDO was adopted and the associated zoning map.
The Final Plat pertains to the next phase of the Platte River Commercial Park development which is a 1.74 acre tract of land on the north
side of Platte River Commercial Park Fourth Addition.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Buschkoetter to close the hearing
and approve the Application submitted by Mitch Humphrey (Applicant) for David Oldfather,
President of Platte River Investments, L.L.C. (Owner) to rezone from
"District AG, Agricultural District" to "District M-1, Limited
Industrial District" property described as a tract of land being part of
Government Lots 2 and 4 located in Section 32, Township 9 North, Range 15 West
of the 6th P.M., containing 5.01 acres, more or less, Buffalo County, Nebraska
(east side of Antelope Avenue and north of 3409 Antelope Avenue for 581.1
feet). Roll call resulted as follows: Aye: Blankenship, Zapata,
Hadley, Buschkoetter, Kearney. Nay: None. Motion
carried.
INCLUSION – PLATTE RIVER COMMERCIAL PARK FIFTH
ADDITION; north of 3409 Antelope Avenue for 220 feet
Mayor Blankenship opened the public hearing on the
Application submitted by Mitch Humphrey (Applicant) for David Oldfather,
President of Platte River Investments, L.L.C. (Owner) for the inclusion of
"PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION" within the corporate
boundaries of the City of Kearney said property described as a tract of land
being part of Government Lots 2 and 4 located in Section 32, Township 9 North,
Range 15 West of the 6th P.M., containing 1.74 acres, more or less, Buffalo
County, Nebraska (north of 3409 Antelope Avenue for 220 feet) and to consider
Resolution No. 2003-75. Planning Commission recommended approval.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Hadley to close the
hearing and approve the Application submitted by Mitch Humphrey (Applicant) for
David Oldfather, President of Platte River Investments, L.L.C. (Owner) for the
inclusion of "PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION" within the
corporate boundaries of the City of Kearney said property described as a tract
of land being part of Government Lots 2 and 4 located in Section 32, Township 9
North, Range 15 West of the 6th P.M., containing 1.74 acres, more or less,
Buffalo County, Nebraska (north of 3409 Antelope Avenue for 220 feet) and
approve Resolution No. 2003-75. Roll call resulted as follows: Aye:
Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None. Motion carried.
RESOLUTION
NO. 2003-75
WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for
David Oldfather, President of Platte River Investments, L.L.C. (Owner) for the
inclusion of “PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION” within the corporate
boundaries of the City of Kearney said property described as a tract of land being
part of Government Lot 2 and part of Government Lot 4 located in Section 32,
Township 9 North Range 15 West of the 6th P.M., Buffalo County, Nebraska, more
particularly described as follows: referring to the southwest corner of
Government Lot 2 and assuming the west line of said Government Lot 2 as bearing
NORTH and all bearings contained herein are relative thereto; thence NORTH on
the west line of said Government Lot 2 a distance of 942.1 feet to the ACTUAL
PLACE OF BEGINNING, said place of beginning being the northwest corner of
Platte River Commercial Park Fourth Addition, an addition to the City of
Kearney, Buffalo County, Nebraska; thence continuing NORTH on the west line of
said Government Lot 2 a distance of 581.1 feet; thence N89°49’06”E a distance
of 376.0 feet; thence SOUTH parallel with the west line of said Government Lot
2 a distance of 581.1 feet to the northeast corner of Lot 1, Block 1, Platte
River Commercial Park Fourth Addition; thence S89°49’06”W and on the north line
of said Platte River Commercial Park Fourth Addition a distance of 376.0 feet
to the place of beginning, containing 5.01 acres, more or less, all in Buffalo
County, Nebraska (north of 3409 Antelope Avenue for 220 feet); and
WHEREAS, the Kearney City Planning
Commission has received and held a public hearing on May 16, 2003 on the
inclusion of “PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION” within the corporate
limits and recommended the Kearney City Council approve said application; and
WHEREAS, said application to include the land within the corporate limits was
duly signed by the owners of the land affected with the express intent of
platting the land as “PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION” an addition
to the City of Kearney, Buffalo County, Nebraska;
WHEREAS, a public hearing was held by the Kearney City Council relating to said
application on June 10,
2003 who deemed the
said addition to be included within the corporate limits to be advantageous to
and in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the land to be platted as “PLATTE RIVER COMMERCIAL PARK
FIFTH ADDITION” shall be included within the corporate limits of the City of
Kearney, Buffalo County, Nebraska, that the inhabitants of such addition shall
be entitled to all the rights and privileges, and shall be subject to all the
laws, ordinances, rules and regulations of the City of Kearney.
BE IT FURTHER RESOLVED that the inclusion of “PLATTE RIVER COMMERCIAL PARK
FIFTH ADDITION” within the corporate limits of the City of Kearney is subject to the final plat being
filed with the Buffalo County Register of Deeds.
PASSED AND APPROVED THIS 10TH DAY OF JUNE, 2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY
CLERK
FINAL PLAT –
PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION
Mayor Blankenship opened the public hearing on the
Application submitted by Mitch Humphrey (Applicant) for David Oldfather,
President of Platte River Investments, L.L.C. (Owner) for final plat approval
for "PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION" of a tract of land
being part of Government Lots 2 and 4 located in Section 32, Township 9 North,
Range 15 West of the 6th P.M., containing 1.74 acres, more or less, Buffalo
County, Nebraska (north of 3409 Antelope Avenue for 220 feet) and to consider
Resolution No. 2003-76. Planning Commission recommended approval.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Zapata to close the hearing and
approve the Application submitted by Mitch Humphrey (Applicant) for David Oldfather,
President of Platte River Investments, L.L.C. (Owner) for final plat approval
for "PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION" of a tract of land
being part of Government Lots 2 and 4 located in Section 32, Township 9 North,
Range 15 West of the 6th P.M., containing 1.74 acres, more or less, Buffalo
County, Nebraska (north of 3409 Antelope Avenue for 220 feet) and approve
Resolution No. 2003-76. Roll call resulted as follows: Aye: Blankenship,
Buschkoetter, Kearney, Zapata, Hadley. Nay:
None. Motion carried.
RESOLUTION
NO. 2003-76
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “PLATTE RIVER COMMERCIAL PARK FIFTH ADDITION”, an addition to
the City of Kearney, Buffalo County, Nebraska, duly made out, acknowledged and
certified, and the same hereby is approved and in accordance with the
provisions and requirements of Section 19-916 of the Nebraska Revised Statutes,
accepted and ordered filed and recorded in the Office of the Register of Deeds
of Buffalo County, Nebraska; said addition is hereby included within the
corporate limits of said City and shall be and become a part of said City for
all purposes whatsoever, and the inhabits of such addition shall be entitled to
all the rights and privileges and shall be subject to all laws, ordinances,
rules and regulations of said City.
BE IT FURTHER RESOLVED that 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 10TH DAY OF JUNE, 2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
REZONING – SORENSEN ACRES; WEST OF 2ND AVENUE AND NORTHEAST OF OFFICE MAX
Mayor Blankenship opened the public hearing on the
Application submitted by Rod Wiederspan (Applicant) for Sorensen Acres, L.L.C.
(Owner) to rezone from "District AG, Agricultural District" to
"District C-2, Community Commercial District" property described as a
tract of land being part of the Southeast Quarter of the Northeast Quarter of Section
26, Township 9 North, Range 16 West of the 6th P.M., containing 0.95 acres,
more or less, Buffalo County, Nebraska (west of 2nd Avenue and northeast of
Office Max). Planning Commission recommended approval.
This hearing and the next two hearings were discussed
together but voted on separately.
The Applicant is requesting approval for a subdivision in
north Kearney to be known as Sorensen Park 3rd Addition. This property requires rezoning, a
Final Plat and annexation.
Rezoning
The request is to rezone the 0.95-acre tract to C-2.
This zoning category is compatible with surrounding zoning and land uses.
Subdivision Plat
The applicant is requesting approval of the Final
Subdivision Plat for Sorensen Park 3rd Addition. This is a one-lot subdivision
containing 0.95 in front of Office Max. The Preliminary Plat was approved June 20, 1997. A Public Works Plan has been
provided. An Infrastructure Agreement is required.
Annexation
The proposed subdivision is located adjacent to the city
limits and all municipal services are available. Therefore, if the
rezoning and platting is approved, the property should be annexed into the
corporate boundary of the City of Kearney.
Ron Ridgway from Miller & Associates presented this
matter to the Council. He stated since Planning Commission, a sewer
easement and a ten-foot utility easement have been added along the south and
west side at the request of the City Utilities Department.
There was no one present in opposition to this hearing.
Moved by Zapata seconded by Blankenship to close the hearing
and approve the Application submitted by Rod Wiederspan (Applicant) for
Sorensen Acres, L.L.C. (Owner) to rezone from "District AG, Agricultural
District" to "District C-2, Community Commercial District"
property described as a tract of land being part of the Southeast Quarter of
the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th
P.M., containing 0.95 acres, more or less, Buffalo County, Nebraska (west of
2nd Avenue and northeast of Office Max). Roll call resulted as
follows: Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter. Nay: None. Motion carried.
INCLUSION – SORENSEN PARK THIRD ADDITION; WEST OF 2ND AVENUE AND NORTHEAST OF OFFICE MAX
Mayor Blankenship opened the public hearing on the
Application submitted by Rod Wiederspan (Applicant) for Sorensen Acres, L.L.C.
(Owner) for the inclusion of "SORENSEN PARK THIRD ADDITION" within
the corporate boundaries of the City of Kearney said property described as a
tract of land being part of the Southeast Quarter of the Northeast Quarter of
Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 0.95
acres, more or less, Buffalo County, Nebraska (west of 2nd Avenue and northeast
of Office Max) and to consider Resolution No. 2003-77. Planning Commission
recommended approval.
There was no one present in opposition to this hearing.
Moved by Blankenship seconded by Kearney to close the
hearing and approve the Application submitted by Rod Wiederspan (Applicant) for
Sorensen Acres, L.L.C. (Owner) for the inclusion of "SORENSEN PARK THIRD
ADDITION" within the corporate boundaries of the City of Kearney said
property described as a tract of land being part of the Southeast Quarter of
the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th
P.M., containing 0.95 acres, more or less, Buffalo County, Nebraska (west of
2nd Avenue and northeast of Office Max) and approve Resolution No.
2003-77. Roll call resulted as follows: Aye: Blankenship, Zapata,
Hadley, Buschkoetter, Kearney. Nay: None. Motion
carried.
RESOLUTION
NO. 2003-77
WHEREAS, an Application has been submitted by Rod Wiederspan (Applicant) for
Sorensen Acres, L.L.C. (Owner) for the inclusion of “SORENSEN PARK THIRD
ADDITION” within the corporate boundaries of the City of Kearney said property
described as a tract of land being part of the Southeast Quarter of the
Northeast Quarter of Section 26, Township 9 North Range 16 West of the 6th P.M.,
Buffalo County, Nebraska, more particularly described as follows: beginning at
the northeast corner of Lot 1, Block 2, Sorensen Park Subdivision, an addition
to the City of Kearney, Buffalo County, Nebraska; thence N00°19’46”W (an
assumed bearing with all other bearings shown hereon relative thereto) along
the westerly right-of-way of 2nd Avenue/Nebraska State Highway No. 10 a
distance of 185.0 feet; thence S89°40’14”W perpendicular to said right-of-way a
distance of 229.06 feet; thence S00°19’46”E parallel with said right-of-way a
distance of 65.02 feet; thence along a curve to the left tangent to said
previous course having a radius of 150.0 feet, an arc length of 87.02 feet and
a central angle of 33°14’17” to the northerly line of Lot 1, Sorensen Park Second
Addition to the City of Kearney, Buffalo County, Nebraska; thence along the
northeasterly line of said Lot 1 along a curve to the left continuing said
previous curve having a radius of 150.0 feet, an arc length of 100.09 feet and
a central angle of 38°13’59” to the easterly line of said Lot 1; thence
N00°19’46”W along said easterly line extended to the north and along the
westerly line of Lot 1, Block 2, Sorensen Park Subdivision a distance of 21.19
feet to the north line of said Lot 1, Block 2; thence N89°39’40”E along said
north line a distance of 130.15 feet to the point of beginning, said tract
containing 0.95 acres, more or less, including 0.11 acres, more or less for a
20.0 feet wide roadway and utility easement purposes, all in Buffalo County, Nebraska
(west of 2nd Avenue and northeast of Office Max); and
WHEREAS, the Kearney City Planning
Commission has received and held a public hearing on May 16, 2003 on the
inclusion of “SORENSEN PARK THIRD ADDITION” within the corporate limits and
recommended the Kearney City Council approve said application; and
WHEREAS, said application to include the land within the corporate limits was
duly signed by the owners of the land affected with the express intent of
platting the land as “SORENSEN PARK THIRD ADDITION” an addition to the City of
Kearney, Buffalo County, Nebraska;
WHEREAS, a public hearing was held by the Kearney City Council relating to said
application on June 10,
2003 who deemed the
said addition to be included within the corporate limits to be advantageous to
and in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the land to be platted as “SORENSEN PARK THIRD
ADDITION” shall be included within the corporate limits of the City of Kearney,
Buffalo County, Nebraska, that the inhabitants of such addition shall be
entitled to all the rights and privileges, and shall be subject to all the
laws, ordinances, rules and regulations of the City of Kearney.
BE IT FURTHER RESOLVED that the inclusion of “SORENSEN PARK THIRD ADDITION”
within the corporate limits of the City of Kearney is subject to the final plat being filed with the Buffalo County
Register of Deeds.
PASSED AND APPROVED THIS 10TH DAY OF JUNE, 2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY
CLERK
FINAL PLAT – SORENSEN PARK THIRD ADDITION; WEST OF 2ND AVENUE AND NORTHEAST OF OFFICE MAX
Mayor Blankenship opened the public hearing on the
Application submitted by Rod Wiederspan (Applicant) for Sorensen Acres, L.L.C.
(Owner) for final plat approval for "SORENSEN PARK THIRD ADDITION" of
a tract of land being part of the Southeast Quarter of the Northeast Quarter of
Section 26, Township 9 North, Range 16 West of the 6th P.M., containing 0.95
acres, more or less, Buffalo County, Nebraska (west of 2nd Avenue and northeast
of Office Max) and to consider Resolution No. 2003-78. Planning Commission
recommended approval.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Buschkoetter to close the
hearing and approve the Application submitted by Rod Wiederspan (Applicant) for
Sorensen Acres, L.L.C. (Owner) for final plat approval for "SORENSEN PARK
THIRD ADDITION" of a tract of land being part of the Southeast Quarter of
the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th
P.M., containing 0.95 acres, more or less, Buffalo County, Nebraska (west of
2nd Avenue and northeast of Office Max) and approve Resolution No.
2003-78. Roll call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter,
Kearney, Zapata. Nay: None.
Motion carried.
RESOLUTION
NO. 2003-78
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “SORENSEN PARK THIRD ADDITION”, an addition to the City of
Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified,
and the same hereby is approved and in accordance with the provisions and
requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and
ordered filed and recorded in the Office of the Register of Deeds of Buffalo
County, Nebraska; said addition is hereby included within the corporate limits
of said City and shall be and become a part of said City for all purposes
whatsoever, and the inhabits of such addition shall be entitled to all the
rights and privileges and shall be subject to all laws, ordinances, rules and
regulations of said City.
BE IT FURTHER RESOLVED that 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 10TH DAY OF JUNE, 2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
AMEND
CHAPTERS 13 AND 49 PERTAINING TO FURNITURE STORES
Mayor Blankenship opened the public hearing on the proposed amendment
to the Unified Land Development Ordinance, being a part of the Code of the City
of Kearney as follows: Section 13-107
"Commercial Use Types" of Chapter 13 "Use Types" to
redefine 'furniture stores'; Chapter 49 "Off-Street Parking" to amend
the number of required parking spaces for furniture stores. Planning Commission
recommended approval.
The applicant is pursuing approval of amendments to the
Unified Land Development Ordinance to define a new use type in Chapter 13 as
“Furniture and Appliance Store” and to add parking requirements in Chapter 49
for the new use type.
Furniture stores are currently included in the use type
“Mass Retailing” which requires one parking place per 200 square feet of floor
area. This parking ratio seems excessively high given the history of
parking demand for furniture stores in Kearney. This amendment to the UDO is in two parts. First, in
Chapter 13, “Use Types,” a new category of use types is created to break
furniture and appliance stores out of mass retailing. Second, in Chapter
49, “Off-Street Parking” the new use type is given a parking requirement of one
space per 350 square feet of retail floor area and portions of the building
devoted to interior warehousing space is calculated under Schedule A which
requires one space per 5,000 square feet.
Jon Abegglen was present to answer any questions from the
Council.
Mayor Blankenship stated that the premise of this amendment
is that even though furniture stores are large, they traditionally don’t have
the traffic that other retailers might have. This request proposes to
limit the number of parking spaces, which may spur additional business
development. He pointed out that the UDO is a work in progress and some changes
will be made along the way. This is good example of one of those changes.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Hadley to close the
hearing and approve the proposed amendment to the Unified Land Development
Ordinance, being a part of the Code of the City of Kearney as follows: Section
13-107 "Commercial Use Types" of Chapter 13 "Use Types" to
redefine 'furniture stores'; Chapter 49 "Off-Street Parking" to amend
the number of required parking spaces for furniture stores. Roll call
resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley. Nay:
None. Motion carried.
AMENDMENTS
TO UNIFIED LAND DEVELOPMENT ORDINANCE
Mayor Blankenship opened the public hearing on the proposed
amendment to the Unified Land Development Ordinance, being a part of the Code
of the City of Kearney to delete existing conflicts between Code sections and
to make setback, landscape, and buffer areas uniform, to define uniform
building standards for all commercial projects, to add needed definitions, to
revise the sign ordinance, and to make other similar revisions to improve the
efficiency and application of the ordinance. Planning Commission recommended
approval.
City Planner, Lance Lang, presented this matter to the
Council. The City Planning Staff is pursuing approval of a variety of
amendments to the Unified Land Development Ordinance. The ordinance has
been in effect for a little more than 12 months (since April 15, 2002) and staff has noted several revisions
that seem to be appropriate. The goal of these amendments is to improve
the consistency between sections and chapters of the document, to delete
existing conflicts, to add new definitions, to provide commercial building
construction standards, to revise the sign ordinance, and generally to make the
ordinance more user-friendly and effective.
A complete strikeout/underline attachment was provided to
the Council showing all revisions on a page by page basis. As a general
summary, listed below are some of the more important revisions:
·
Provide a definition
for: Cargo containers, agricultural markets, roadway easements;
·
Revise matrix table:
Remove impact ratings, remove enhanced standards, add furniture and appliance
stores, add agricultural market, add retail services (medium);
·
For clarification and
consistency: Lot size requirements, setbacks,
landscape depth adjacent to street, bufferyards;
·
Added standards for
commercial development: Building materials, building offsets;
·
R-3 apartments require
PD if greater than 36 units (to be consistent with R-4);
·
Traditional
neighborhood design components required for conventional commercial corridors
in C-1(N);
·
Revisions to wellhead protection
requirements per Utilities Director;
·
Establish performance
standards for industrial zones M-1 and M-2;
·
Provisions for
screening of cardboard balers and cargo containers;
·
Sign revisions for
temporary and banner signs, computer message centers;
·
Revisions to the
Landscape Chapter to reduce conflicts with other chapters.
Lance Lange stated that the Unified
Land Development Ordinance (UDO) is the document that contains all the zoning
and subdivision regulations for the City. The UDO was adopted and put
into effect on April 15, 2002 by the City Council. Working
with it over the last year, they knew that it is a work in progress and that
there would be some revisions. The staff has been keeping a running tally,
and some of the revisions did come from them. Requests have also come
from developers who believed that certain sections did not meet the needs of Kearney and others in
the community who have concerns about development.
The staff has been meeting on a
regular basis over the past several months. They have gone through
the UDO on a page-by-page basis in order to do a thorough and adequate job of
reviewing each section. They have covered approximately two-thirds of the
ordinance. The revisions are what he considers “housekeeping”
issues. He stated that the goal was to simplify the ordinance and make it
more user-friendly, to promote uniformity, to clarify definitions, and to
delete existing conflict between some of the sections. He believes that
with the changes, they can be more responsive to the public.
He further stated that the Code is
written to be consistent so that everyone is treated equally. However,
there will always be those situations that will be an exception. Those
situations can be brought to the Council and a variance requested.
One of the options available is a straight district can be made a planned
district which allows some flexibility in unique cases.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Zapata to close the hearing and
approve the proposed amendment to the Unified Land Development Ordinance, being
a part of the Code of the City of Kearney to delete existing conflicts between
Code sections and to make setback, landscape, and buffer areas uniform, to
define uniform building standards for all commercial projects, to add needed
definitions, to revise the sign ordinance, and to make other similar revisions
to improve the efficiency and application of the ordinance. (Planning
Commission recommended approval. Roll call resulted as follows:
Aye: Blankenship, Kearney, Zapata, Hadley, Buschkoetter.
Nay: None. Motion carried.
IV. CONSENT AGENDA
Moved by Zapata seconded by Blankenship that Subsections 1
through 10 of Consent Agenda Item IV be approved. Roll call resulted as
follows: Aye: Blankenship, Zapata, Hadley, Buschkoetter, Kearney. Nay: None. Motion
carried.
1.
Approve Minutes of Regular Meeting held May 27, 2003.
2.
Approve the following claims: Ace Hardware $163.49 Various; Ace
Irrigation $286.14 Rep; Adamson, B $15.00 Su; Aervoe-Pacific $330.84 Inv; AFLAC
$1,680.83 Ded; Alltel $2,728.31 Various; Almquist, R $125.00 Serv; Amazon.Com
$64.95 Bks; Amer Air $336.00 Tr; Amer Electric $2,585.78 Su; Amer Test Center
$1,405.00 Various; Anderson Wrecking $135.00 Various; Anderson Outdoor Power
$126.45 Various; Anderson, B $100.00 Reim; Andrews, S $62.00 Ref; Apache
$5,990.00 Capital Imp; Applied Concepts $288.44 Rep; Arnold, M $40.00 Ref; Art
Today $49.95 Su; Arts Craft $492.76 Su; AT&T $126.92 Serv; Austin, J $75.00
Reim; Auto Glass Center $196.42 Inv; Baker & Taylor $1,830.21 Bks; Baymont
Inns $106.20 Tr; BBC $57.00 Bks; BD Construction $51,156.54 Serv; Beacon Ballfields
$1,175.71 Su; Big Flag $40.00 Inv; Blevins, D $60.00 Various; Bob's Super Store
$62.17 Su; Bohlmann $822.68 Su; Books on Tape $262.40 Bks; Bosselman Energy
$10,213.73 Inv; Brisbin, H $35.00 License; Broadfoot Sand $1,535.35 Su; Bubble
Factory $22.20 Su; Bucher, Willis $894.87 Serv; Buffalo Co Court $299.12
Various; Buffalo Co Dist. Ct. $129.00 Ded; Buffalo Co Treasurer $24.00 Fees;
Builders How-To-Warehouse $2,669.09 Various; Burns, R $15.00 Su; Canada Life
Assurance $2,279.70 Ded; Career Track $99.00 Tr; Cash Wa $471.25 Various; CDW
Government $1,361.27 Su; Central Auto Electric $193.33 Inv; Central Hydraulic
System $205.22 Inv; Central NE Bobcat $561.06 Inv; CHAD $4.00 Ded; Charter
Communications $87.53 Serv; Child's Play $280.00 Bks; City of Ky $840,202.02 Various;
City of LaVista $80.00 Tr; Clifford of Vermont $311.40 Su; College Savings Plan
of NE $245.00 Ded; CO Fire Mechanics Assn $350.00 Reg; Computer Pro's $1,117.80
Su; Computer Warehouse #4 $126.95 Su; Conseco Life Ins $38.00 Ded; Construction
Rental $510.77 Various; Copycat Printing $880.64 Su; Corporate Diversified
Services $61,612.26 Claims, Ded; Cracker Barrel $64.16 Tr; Crossroads Ford
$56.42 Inv; Culligan $109.25 Various; D Milaco $66.00 Su; Dannehl's Feed $55.75
Su; Depository Trust $311,627.50 Various; Development Council $245.69 Various;
Diamond Vogel Paints $42.42 Inv; Discount Tools $63.89 Su; Dorfman Pacific
$546.49 Su; Double M Farms $2,000.00 Serv; Drury Inns Denver Tech $473.34 Tr;
Dubs $39.99 Inv; Dultmeier Sales $140.55 Su; Eakes Office Plus $1,303.30 Su;
Earl May Garden Center $6.75 Su; Easy Picker Golf Products $88.88 Su; Ecolab
$26.00 Inv; EDM Equipment $396.19 Inv; Elliott Equipment $5,678.93 Various;
English, C $150.00 Tr; Expedia $10.00 Tr; Expression Wear $314.00 Su; Fairbanks
$1,395.36 Inv; Fast Mart $74.24 Tr; Fastenal $197.20 Inv; Fireguard $6,808.00
Su; Forensic Sciences $300.00 Fees; Foster, T $100.00 Reim; Fox Bros Hay
$13,350.00 Various; Fremont Nat'l Bank $386,808.67 Various; Frontier $812.56 Serv;
Frontierair $326.50 Tr; Galeton Gloves $30.45 Su; Golfsmith Int'l $344.05 Su;
Good Samaritan Health Systems $60.00 Serv; Goodwill Industries $30.00 Su;
Gordon's $9.00 Inv; Graham Tire $94.24 Various; Grainger $321.31 Various; Grand
Central IGA $63.03 Su; Graphic Screen Printing $144.00 Tr; Gray Automotive
Products $8,990.00 Equip; Great Plains Safety $105.00 Su; Green, M $24.00 Ref;
Guenther, M $100.00 Reim; H&G Cleaners $529.14 Serv; H&H Distributing
$1,491.30 Su; Hastings $21.25 Su; Heil Retail Sales $47.73 Inv; Hobby-Lobby
$12.39 Su; Holmes Plbg $1,716.88 Various; Hometown Leasing $206.00 Capital Imp;
HTE $355.00 Reg; Hyatt Hotels Denver $845.20 Tr; ICMA RC $2,454.07 Ded;
IRS $81,508.42 Ded; Interstate Batteries $103.60 Su; Interstate Structures
$279,141.80 Serv; Intuit $1,068.75 Serv; ISDN $14.95 Su; Jeff Spady Chrysler
$69.12 Inv; K&K Parts $142.75 Various; Kalba, R $123.86 Tr; Ky Area Solid
Waste Agency $74,626.42 Tipping Fees; Ky Area United Way $568.58 Ded; Ky
Chamber of Commerce $1,000.00 Comm Betterment; Ky Implement $317.68 Various; Ky
Winlectric $76.26 Su; Kelly Supply $199.77 Inv; Kewanna Screen Printing $311.57
Su; Killion Motors $66.84 Inv; King, J $100.00 Reim; Kirkham Michael $2,310.28 Serv;
Kissell, D $100.00 Reim; Klaus, M $192.82 Tr; Koala $624.00 Su; Kolar, J $16.00
Tr; Kriz Davis Co $162.80 Su; Kuykendall, J $53.55 Tr; L&W Tires $4,181.45
Various; Lab Safety Supply $457.52 Su; LaQuinta Inns $76.86 Tr; Laser Art
Design $226.50 Su; Lawson Products $296.58 Various; Lentfer, M $30.00 Ref;
Lexis Nexis $158.80 Su; Linweld $153.34 Various; Machines & Media $635.00
Su; Magic Cleaning $600.00 Serv; Mark Hydraulic $52.21 Inv; Marlatte Machine
Shop $58.58 Various; Mason Motors $25.00 Rep; McCollister & Co $531.00 Inv;
McCorkle Motors $53.25 Su; McGinnis, R $58.00 Ref; McLaughlin, S $200.00 Ins;
Meridian Library System $5.00 Tr; MGM Grand Hotel $161.48 Tr; MGM Grand
Reservations $76.24 Tr; Mid America Pay Phones $200.00 Serv; Miller &
Associates $4,389.00 Serv; Miracle Recreation $54.28 Su; Misko Sports $11.99
Su; Modern Methods $811.80 Serv; Moody's Investors $5,000.00 Various; Morris
Press $921.80 Serv; Mosbarger, B $208.00 Various; Motion Picture Licensing
$49.95 Fees; Movie Licensing USA $87.27 Fees; Mr. Automotive $1,575.41 Various;
Municipal Emergency Svcs $602.24 Su; Municipal Supply $1,499.23 Inv; Munster, S
$100.00 Reim; Murphy Tractor $1,645.93 Inv; NAPA $3,042.74 Various; Nat'l
Alliance for Youth Sports $180.00 Fees; Nat'l Paper Supply $208.64 Su; Nat'l
Planning Convention $176.00 Su; Nat'l Waterworks $2,483.49 Su; NCS Equipment
$169.75 Su; NE Child Support $1,012.80 Ded; NE Dept of Environmental Quality
$750.00 Renewal Fees; NE Dept of Revenue $21,943.23 Ded; NE Law Enforcement
Training $135.00 Tr; NE Golf $360.00 Su; NE Machinery $16,521.43 Various; NE
Society of CPA's $100.00 Dues; NE Truck Center $106,444.04 Various; NEland
Distributors $1,246.80 Su; Newman Signs $50.97 Su; Nogg Chemical $388.11 Su;
Northern Safety $1,016.96 Su; Northwestern Energy $116.53 Serv; Office Max
$1,333.39 Various; Office Net $771.95 Su; Offner, D $100.00 Reim; O'Reilly
$223.70 Various; Oriental Trading $63.55 Su; Orr, L $100.00 Reim; Orscheln Farm
$874.48 Various; Ostrander, T $10.00 Tr; Overhead Door $279.45 Su; Palm
Brothers $421.74 Su; Paper Warehouse $58.32 Su; Patterson, B $84.75 Reim; Paul
A Otto Curb Grinding $72.00 Serv; Payless Building $18.29 Su; Pearson, J $75.00
Reim; Phillips $21.00 Tr; Phillips, J $40.00 Reim; Platte Valley Comm $193.75
Various; Powderhorn $215.69 Su; Preferred Mail $98.18 Pstg; Presto-X $55.00
Rep; Quality Cleaners $25.45 Su; Quinn, J $150.00 Various; Radio Shack $51.62
Various; Raines & Assoc $163.39 Rep; Reams Sprinkler $3,600.25 Su; Reineke,
B $100.00 Reim; Reservation Rewards $7.00 Su; Respond First Aid System $68.85
Su; Rich, T $75.00 Reim; Rodiek, D $50.00 Pc; Rogers House $34.70 Su; Saathoff,
J $53.55 Tr; Sahling Kenworth $332.82 Inv; Scarborough, B $100.00 Reim; Seals,
T $100.00 Reim; Sears Dealer $99.88 Su; See Clear Cleaning $1,800.00 Serv;
Shirt Shack $639.00 Su; Shoemaker, N $100.00 Reim; Silknitter, A $250.00
Various; Smith, R $100.00 Reim; Sport Supply Group $139.93 Su; Stagecoach
$33.00 Su; State of NE DAS Comm $26.63 Serv; State of NE Dept of Aeronautics
$370.00 Loan Pmt; Steiner, J $200.00 Various; Stetson Bldg Products $42.83 Su;
Supplies Distributors $231.67 Su; Swanson Corp $1,294.72 Tr; Sydow, J $75.00 Reim;
Target $39.89 Various; Tax Equal. & Review Comm $775.00 Serv; Texaco $26.50
Tr; Thompson, J $100.00 Reim; Throckmorton, R $100.00 Reim; Tollefsen-Elliott
$374.82 Various; Tractor Supply $869.34 Various; Trembly, M $332.45 Tr; U Save
Foods $98.93 Su; UAP Pueblo $118.51 Su; UI Express $298.76 Su; UNICO Group
$613.00 Prem; United Seeds $766.00 Su; Univ Wis Pyle Center $695.00 Su; UPS
$47.90 Inv; UPS West Store $15.56 Su; Urbanek, T $150.00 Tr; USPS $28.12 Pstg;
Village Cleaners $156.25 Cla; Voter, R $100.00 Reim; Walker Roofing $8,622.90 Serv;
Walmart $811.48 Various; Warner, D $200.00 Various; Washington State Support
Regis $102.01 Ded; Wessels, W $72.05 Tr; West Group $56.00 Su; Whalen, J $100.00
Reim; Wiedel, G $100.00 Reim; Wilke Donovans True Value $302.10 Various;
Winslow, H $30.00 Ref; Xerox $254.00 Equip; Xerox Supply Texas $259.98 Su; Yanda's
Music $24.71 Su; Zimmerman Printers $276.00 Su; Payroll Ending 05-31-2003 --
$254,552.66. 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 Change Order No. 1 for an increase in the amount of $2,610.59 submitted
by BD Construction in connection with the Vehicle Storage Facility for the
Utilities Department located at 1220 East 26th Street and approve Resolution No. 2003-79.
RESOLUTION NO. 2003-79
WHEREAS, on January 28,
2003 the City Council
approved the Plans and Specifications for the Vehicle Storage Building; and
WHEREAS, on February 25, 2003 the City Council awarded the bid for the
construction of the Vehicle Storage Building to BD Construction Inc. in the
amount of $168,490.00; and
WHEREAS, it has been determined that it is necessary to increase the cost of
the project in order to increase the size of the water system plumbing from one
inch diameter to two inch diameter, to add two more inches of insulation to the
ceiling, and to delete the oil separator; and
WHEREAS, the City's engineer, Miller & Associates, has filed with the City
Clerk Change Order No. 1 showing an increase in the amount of $2,610.59, as
shown on Exhibit “A” attached hereto and made a part hereof by reference:
|
Original Contract Price
|
$168,490.00
|
|
Change Order No. 1 (06-10-2003)
|
+2,610.59
|
|
New Contract Price
|
$171,100.59
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as
shown on Exhibit “A be and is hereby accepted and approved.
PASSED AND APPROVED THIS 10TH DAY OF JUNE, 2003.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO MAYOR
CITY
CLERK
4.
Approve the request submitted by Cheryl Schroeder to extend Conditional Use
Permit No. 1998-05 for a Bed and Breakfast located at 2915 5th Avenue for a period of one year.
5.
Concur with the Nebraska Department of Roads on the selection of Dominion
Construction Company of Scottsbluff, Nebraska for Project No. ELEC-30-4(1037) in the amount of
$67,248.45.
6.
Approve the request submitted by Karla Falk, UNK Coordinator of Student
Activities for the Homecoming Parade on October 4, 2003. The route will commence on Railroad Street and Central Avenue, north on Central Avenue
to 27th Street, west on 27th Street to 9th
Avenue. The
staging area to be blocked off is Railroad Street from Avenue E to 5th Avenue,
4th Avenue from Railroad Street to 22nd Street, 3rd Avenue from Railroad Street
to 22nd Street, 21st Street from 3rd Avenue to 5th Avenue, Avenue B from
Railroad Street to 22nd Street, Avenue C from Railroad Street to 22nd Street,
Avenue D from Railroad Street to 22nd Street, and Avenue E from Railroad Street
to 22nd Street.
7.
Approve Change Order No. 1 showing an increase in the amount of $3,878.46,
Application and Certificate for Payment No. 1-Final in the amount of $81,476.46
submitted by Dominion Construction Company and approved by Ehrhart Griffin
& Associates for signalization improvements at the intersection of 25th Street and Avenue N and approve Resolution
No. 2003-80.
RESOLUTION
NO. 2003-80
WHEREAS, Dominion Construction
Company has performed services in connection with the signalization
improvements at the intersection of 25th Street and Avenue N; and
WHEREAS, the City's engineer, Ehrhart
Griffin & Associates, has filed with the City Clerk Change Order No. 1
showing an increase in the amount of $3,878.46, as shown on Exhibit “A”
attached hereto and made a part hereof by reference; and
WHEREAS, the City’s Engineer has
filed with the City Clerk an invoice in the amount of $81,476.46 as shown on
Exhibit “B” attached hereto and made a part hereof by reference and as follows:
|
Original Contract Sum
|
$77,598.00
|
|
Change Order No. 1 (04-22-2003)
|
+ 3,378.46
|
|
|
|
|
Contract Sum To Date
|
$81,476.46
|
|
Gross Amount Due
|
81,476.46
|
|
Retainage
|
.00
|
|
Amount Due to Date
|
81,476.46
|
|
Less Previous Certificates for Payment
|
.00
|
|
|
|
|
Current Payment Due
|
$81,476.46
|
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”, and the Invoice as shown on Exhibit “B be and are hereby
accepted and approved.
PASSED AND APPROVED THIS 10TH DAY OF JUNE, 2003.
ATTEST:
PRESIDENT OF THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY CLERK
8.
Approve Change Order No. 1 showing an increase in the amount of $39,144.00,
Change Order No. 2 showing an increase in the amount of $4,250.00, and Change
Order No. 3 showing an increase in the amount of $7,614.00 submitted by Carrothers
Construction Company and approved by Larkin Aquatics for the construction of
the Centennial Park Pool Renovation Project and approve Resolution No. 2003-81.
RESOLUTION
NO. 2003-81
WHEREAS, Carrothers Construction
Company has performed services in connection with the construction of the
Centennial Park Pool Renovation Project; and
WHEREAS, the City's engineer, Larkin
Aquatics, has filed with the City Clerk Change Order No. 1 showing an increase
in the amount of $39,144.00, Change Order No. 2 showing an increase in the
amount of $4,250.00, and Change Order No. 3 showing an increase in the amount
of $7,614.00, as shown on Exhibits “A”, “B”, and “C” attached hereto and made a
part hereof by reference as follows:
|
Original Contract Sum
|
$829,700.00
|
|
Change Order No. 1 (06-10-2003)
|
+ 39,144.00
|
|
Change Order No. 2 (06-10-2003)
|
+ 4,250.00
|
|
Change Order No. 3 (06-10-2003)
|
+ 7,614.00
|
|
|
|
|
Contract Sum To Date
|
$880,708.00
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of Kearney,
Nebraska, and hereby find and determine that Change Order Nos. 1, 2, and 3 as
shown on Exhibits “A”, “B”, and “C” be and are hereby accepted and approved.
PASSED AND APPROVED THIS 10TH DAY OF JUNE, 2003.
ATTEST:
PRESIDENT OF THE
COUNCIL
AND EX-OFFICIO
MAYOR
CITY CLERK
9. Approve
Change Order No. 1 showing a decrease in the amount of $12,698.00 as submitted
by Concrete Workers and approved by Kirkham Michael Consulting Engineers for
the construction of the Yanney Heritage Park Pedestrian Trail and approve
Resolution No. 2003-82.
RESOLUTION
NO. 2003-82
WHEREAS, Concrete Workers, Inc. has
performed services in connection with the construction of the Yanney Heritage
Park Pedestrian Trail; and
WHEREAS, the City's engineer, Kirkham
Michael Consulting Engineers, has filed with the City Clerk Change Order No. 1 showing
a decrease in the amount of $12,698.00, as shown on Exhibit “A”, attached
hereto and made a part hereof by reference as follows:
|
Original Contract Sum
|
$54,361.75
|
|
Change Order No. 1 (06-10-2003)
|
- 12,698.00
|
|
|
|
|
Contract Sum To Date
|
$41,663.75
|
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 10TH DAY OF JUNE, 2003.
ATTEST:
PRESIDENT OF THE
COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
10. Approve the Application for a Special
Designated License submitted by KEARNEY COMMUNITY THEATRE in connection with
their Class I-12229 Liquor License to dispense beer, wine and distilled spirits
in the marked off area of the parking lot south of their building on June 27,
2003 from 5:00 p.m. until 9:00 p.m. and June 28, 2003 from 5:00 p.m. until 9:00
p.m. for a social event.
V. CONSENT AGENDA
ORDINANCES
None.
VI. REGULAR AGENDA
ORDINANCE NO. 6957 - REGONING north of 3301 2nd
Avenue
Council Member Blankenship introduced Ordinance No. 6957,
being Subsection 1 of Agenda Item VI to rezone from “District R-1, Urban Residential
Single-Family District (Low Density)” to “District C-0, Office District”
property described as Lots 12 and 13, Ragain's Subdivision to the City of
Kearney, Buffalo County, Nebraska (north of 3301 2nd 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 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: Blankenship, Buschkoetter, Kearney, Zapata. Nay: None. Hadley abstaining. Motion to
suspend the rules having been concurred in by three-fourths of the City
Council, said motion was declared passed and adopted. City Clerk read
Ordinance No. 6957 by number. Roll call of those in favor of the passage
of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Buschkoetter, Kearney, Zapata. Nay: None. Hadley
abstaining. Motion carried. Ordinance was read by number.
Moved by Kearney
seconded by Buschkoetter that Ordinance No. 6957 be passed, approved and
published as required by law. Roll call resulted as follows: Aye:
Blankenship, Kearney, Zapata, Buschkoetter. Nay:
None. Hadley abstaining. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6957 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. 6958 – VACATE PORTION OF RAGAIN’S SUBDIVISION
Council Member Blankenship introduced Ordinance No. 6958,
being Subsection 2 of Agenda Item VI to vacate Lots 10, 11, 12 and 13 except
those portions conveyed to the State of Nebraska, Ragains Subdivision being a replat
of Lot 21, Northwest Quarter School Section Addition; and to vacate a tract of
land described in Warranty Deed Book 211, Page 393 and Page 597; AND to vacate
that portion of Lot 21, Northwest Quarter School Section Addition (formerly
known as part of Lots 10, 11, 12 and 13 (as described above) in Ragain’s
Subdivision), all to the City of Kearney, Buffalo County, Nebraska, and moved
that the statutory rules requiring ordinances to be read by title on three
different days be suspended and said ordinances be considered for passage on
the same day upon reading by number only, and then placed on final passage and
that the City Clerk be permitted to call out the number of the ordinance on its
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: Blankenship, Buschkoetter, Kearney, Zapata. Nay: None. Hadley
abstaining. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and
adopted. City Clerk read Ordinance No. 6958 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata. Nay:
None. Hadley abstaining. Motion carried. Ordinance was read
by number.
Moved by Kearney
seconded by Buschkoetter that Ordinance No. 6958 be passed, approved and
published as required by law. Roll call resulted as follows: Aye:
Blankenship, Kearney, Zapata, Buschkoetter. Nay:
None. Hadley abstaining. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6958 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
FINAL PLAT –
GOOD SAMARITAN THIRD SUBDIVISION
Mayor Blankenship opened for discussion the Application
submitted by John Gardner (Applicant) for Good Samaritan Hospital (Owner) for
Final Plat approval for “Good Samaritan
Third Subdivision” and to consider Resolution No. 2003-83 subject to the
effective date of Ordinance No. 6958. Planning Commission recommended
approval.
George Volz was present to answer any questions from the
Council.
Moved by Buschkoetter seconded by Zapata to approve the
Application submitted by John Gardner (Applicant) for Good Samaritan Hospital (Owner) for Final Plat approval for
“Good Samaritan Third Subdivision”
and approve Resolution No. 2003-83 subject to the effective date of Ordinance
No. 6958. Roll call resulted as follows: Aye: Blankenship, Zapata, Buschkoetter,
Kearney. Nay: None. Hadley
abstaining. Motion carried.
RESOLUTION
NO. 2003-83
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “GOOD SAMARITAN THIRD SUBDIVISION”, an addition to the City of
Kearney, Buffalo County, Nebraska, duly made out, acknowledged and certified,
and the same hereby is approved and in accordance with the provisions and
requirements of Section 19-916 of the Nebraska Revised Statutes, accepted and
ordered filed and recorded in the Office of the Register of Deeds of Buffalo
County, Nebraska; said addition is hereby included within the corporate limits
of said City and shall be and become a part of said City for all purposes
whatsoever, and the inhabits of such addition shall be entitled to all the
rights and privileges and shall be subject to all laws, ordinances, rules and
regulations of said City.
BE IT FURTHER RESOLVED that 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 10TH DAY OF JUNE, 2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
CITY
CLERK
AND
EX-OFFICIO MAYOR
ORDINANCE NO. 6959 – REZONING 1832 AVENUE G
Council Member Hadley introduced Ordinance No. 6959, being
Subsection 4 of Agenda Item VI to rezone from "District M-2, General
Industrial District" to "District R-2, Urban Residential
Mixed-Density District" property described as all of Lot 965 and the north
28.6 feet of Lot 966, Original Town of Kearney Junction now the City of
Kearney, Buffalo County, Nebraska (1832 Avenue G), and moved that the statutory
rules requiring ordinances to be read by title on three different days be
suspended and said ordinances be considered for passage on the same day upon
reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member Zapata seconded the
motion to suspend the rules. President of the Council asked for
discussion or if anyone in the audience was interested in the ordinance.
No one responded. Clerk called the roll which resulted as follows:
Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata. 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. 6959 by number.
Roll call of those in favor of the passage of said ordinance on the first
reading resulted as follows: Aye: Blankenship, Hadley, Buschkoetter,
Kearney, Zapata. Nay: None. Motion carried. Ordinance was
read by number.
Moved by Zapata seconded by Blankenship that Ordinance No.
6959 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Kearney, Zapata, Buschkoetter, Hadley. Nay: None.
Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6959 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. 6960 – CONDITIONAL
USE PERMIT TO PLATTE VALLEY COMMUNICATIONS
Council Member Hadley introduced Ordinance No. 6960, being
Subsection 5 of Agenda Item VI to grant a Conditional Use Permit to Dale Nispel
for Platte Valley Communications (Applicant and Owner) to replace an existing
35-foot tower with a 50-foot communications tower on property zoned “District
M-1, Limited Industrial District” and described as Lots 9, 10, and 11, George's
Subdivision except a part of Lot 9, to the City of Kearney, Buffalo County,
Nebraska (2215 Avenue I), and moved that the statutory rules requiring
ordinances to be read by title on three different days be suspended and said
ordinances be considered for passage on the same day upon reading by number
only, and then placed on final passage and that the City Clerk be permitted to
call out the number of the ordinance on its first reading and then upon its
final passage. Council Member Zapata seconded the motion to suspend the
rules. President of the Council asked for discussion or if anyone in the
audience was interested in the ordinance. No one responded. Clerk
called the roll which resulted as follows: Aye: Blankenship, Hadley, Buschkoetter,
Kearney, Zapata. 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. 6960 by number. Roll call of those in favor of the
passage of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Zapata seconded by Blankenship that Ordinance No.
6960 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley. Nay:
None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6960 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. 6961 – REZONING east
side of Antelope Avenue and north of 3409 Antelope Avenue for 581.1
feet
Council Member Hadley introduced Ordinance No. 6961, being
Subsection 6 of Agenda Item VI to rezone from "District AG, Agricultural
District" to "District M-1, Limited Industrial District"
property described as a tract of land being part of Government Lots 2 and 4
located in Section 32, Township 9 North, Range 15 West of the 6th P.M.,
containing 5.01 acres, more or less, Buffalo County, Nebraska (east side of
Antelope Avenue and north of 3409 Antelope Avenue for 581.1 feet), and moved
that the statutory rules requiring ordinances to be read by title on three
different days be suspended and said ordinances be considered for passage on
the same day upon reading by number only, and then placed on final passage and
that the City Clerk be permitted to call out the number of the ordinance on its
first reading and then upon its final passage. Council Member Zapata
seconded the motion to suspend the rules. President of the Council asked
for discussion or if anyone in the audience was interested in the
ordinance. No one responded. Clerk called the roll which resulted
as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata. 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. 6961 by number. Roll call of those in favor of the
passage of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Zapata seconded by Blankenship that Ordinance No.
6961 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley. Nay:
None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6961 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. 6962 – REZONING west
of 2nd
Avenue and northeast of Office Max
Council Member Hadley introduced Ordinance No. 6962, being Subsection
7 of Agenda Item VI to rezone from "District AG, Agricultural
District" to "District C-2, Community Commercial District"
property described as a tract of land being part of the Southeast Quarter of
the Northeast Quarter of Section 26, Township 9 North, Range 16 West of the 6th
P.M., containing 0.95 acres, more or less, Buffalo County, Nebraska (west of
2nd Avenue and northeast of Office Max), and moved that the statutory rules
requiring ordinances to be read by title on three different days be suspended
and said ordinances be considered for passage on the same day upon reading by
number only, and then placed on final passage and that the City Clerk be
permitted to call out the number of the ordinance on its first reading and then
upon its final passage. Council Member Zapata seconded the motion to
suspend the rules. President of the Council asked for discussion or if
anyone in the audience was interested in the ordinance. No one
responded. Clerk called the roll which resulted as follows: Aye: Blankenship,
Hadley, Buschkoetter, Kearney, Zapata. 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. 6962 by number. Roll call of those in favor of the
passage of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Zapata seconded by Blankenship that Ordinance No.
6962 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley. Nay:
None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6962 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. 6963 – AMEND CHAPTERS
13 AND 49 PERTAINING TO FURNITURE STORES
Council Member Hadley introduced Ordinance No. 6963, being
Subsection 8 of Agenda Item VI to amend Section 13-107 “Commercial Use Types”
of Chapter 13 “Use Types” to include furniture and appliance stores, and to
amend Table 49-1 “Minimum Off-Street Parking Requirements” of Chapter 49
“Off-Street Parking” to include furniture and appliance stores and to decrease
the minimum requirement for indoor sales, display or service area of the
Unified Land Development Ordinance, being a part of the Code of the City of
Kearney, Nebraska, and moved that the statutory rules requiring ordinances to
be read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the
number of the ordinance on its first reading and then upon its final
passage. Council Member Zapata seconded the motion to suspend the
rules. President of the Council asked for discussion or if anyone in the
audience was interested in the ordinance. No one responded. Clerk
called the roll which resulted as follows: Aye: Blankenship, Hadley, Buschkoetter,
Kearney, Zapata. 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. 6963 by number. Roll call of those in favor of the passage
of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Zapata seconded by Blankenship that Ordinance No.
6963 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley. Nay:
None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6963 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. 6964 – AMENDMENTS TO UNIFIED LAND DEVELOPMENT
ORDINANCE
Council Member Hadley introduced Ordinance No. 6964, being
Subsection 9 of Agenda Item VI to amend the following sections of the Unified
Land Development Ordinance, being a part of the Kearney City Code to delete
existing conflicts between Code sections and to make setback, landscape, and
buffer areas uniform, to define uniform building standards for all commercial
projects, to add needed definitions, to revise the sign ordinance, and to make
other similar revisions to improve the efficiency and application of the
ordinance: Section 3-501, Section 12-106, Section 12-121, Section 13-103,
Section 14-112, Table 14-1, Section 18-102, Section 19-101, Section 19-102,
Section 21-102, Section 22-102, Section 23-102, Section 24-102, Section 25-102,
Section 26-102, Section 26-104, Section 26-105, Section 27-102, Section 28-102,
Section 29-102, Section 30-102, Section 31-102, Section 32-102, Section 33-101,
Section 33-103, Section 33-105, Section 45-104, Section 45-105, Section 45-106,
Section 45-107, Section 46-105, Section 46-108, Section 46-113, Section 46-114,
Section 47-102, Section 47-103, Section 47-104, Section 47-105, Section 47-106,
Section 47-109, Section 47-110, Section 48-103, Section 48-104, Section 48-105,
Table 48-2, Section 48-106, Section 48-107, Section 48-108, Section 49-102,
Section 49-106, Section 49-108, Table 49-5, Section 50-102, Section 50-103,
Section 52-104, Section 53-102, Table 53-1, Section 58-103, Section 59-102,
Section 59-103, Section 59-110, and Section 59-114, and moved that the
statutory rules requiring ordinances to be read by title on three different
days be suspended and said ordinances be considered for passage on the same day
upon reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member Zapata seconded the
motion to suspend the rules. President of the Council asked for
discussion or if anyone in the audience was interested in the ordinance.
No one responded. Clerk called the roll which resulted as follows:
Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata. 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. 6964 by number.
Roll call of those in favor of the passage of said ordinance on the first
reading resulted as follows: Aye: Blankenship, Hadley, Buschkoetter,
Kearney, Zapata. Nay: None. Motion carried. Ordinance was
read by number.
Moved by Zapata seconded by Blankenship that Ordinance No.
6964 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Buschkoetter, Kearney, Zapata, Hadley. Nay:
None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6964 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. 6965 – VACATE PLATTED
BUILDING SETBACK IN PARK MEADOW ESTATES
Lance Lang presented this matter to the Council. The
applicant is pursuing approval of a building setback vacation for Lot 1, Block 4, Colonial Estates 4th Addition. The
street address is 4118
20th Avenue.
The setback line in question is the fifteen-foot platted building setback on
the north side of the lot. At one time there was a road platted (42nd Street) along this alignment but it has
since been vacated. The fifteen-foot setback is no longer
necessary. One half of the vacated right-of-way was added to the north
side of the lot. The Owner would like to build a garage on the lot.
There is no need to establish a new setback line; a detached garage could be
built within three feet of the sideyard.
Council Member Blankenship introduced Ordinance No. 6965, being
Subsection 10 of Agenda Item VI to vacate a 15-foot platted building setback
along the north side of Lot 1, Park Meadow Addition being a replat of Lot 1,
Block 4, Colonial Estates 4th Addition AND also the 15-foot platted building
setback along the north side of Lot 1, Block 4, Colonial Estates 4th Addition
all in the City of Kearney, Buffalo County, Nebraska, and moved that the
statutory rules requiring ordinances to be read by title on three different
days be suspended and said ordinances be considered for passage on the same day
upon reading by number only, and then placed on final passage and that the City
Clerk be permitted to call out the number of the ordinance on its first reading
and then upon its final passage. Council Member 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: Blankenship, Kearney, Zapata, Hadley, 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. 6965 by number. Roll call of those in favor of the passage
of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Kearney, Zapata, Hadley, Buschkoetter. Nay: None.
Motion carried. Ordinance was read by number.
Moved by Kearney
seconded by Buschkoetter that Ordinance No. 6965 be passed, approved and
published as required by law. Roll call resulted as follows: Aye:
Blankenship, Zapata, Hadley, Buschkoetter, Kearney. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6965 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.
PAVING IMPROVEMENT DISTRICT NO. 2003-873 – AG DEFERMENT
Mayor Blankenship opened for discussion the application for
deferral of special assessments submitted by Randall and Cynthia Stones in
connection with Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630±
feet west of Parklane
Drive.
On March
25, 2003 the City
Council approved Ordinance No. 6946 creating Paving Improvement District No.
2003-873 for 56th
Street from a point
630’± west of Parklane Drive east to Avenue “N”. Section
19-2429 of the Nebraska Revised Statutes provides any owner of record title to
make application to the city council for deferral of special assessments within
ninety days after creation of an improvement district. Such land shall be
adjacent to the city, which is within an agricultural use zone and is used
exclusively for agricultural use. Randall A. Stones and Cynthia A.
Stones, owners of real property abutting the said district has applied for a
agricultural deferral from special assessments pursuant to Neb. Rev. Stat.
§§19-2428 to 19-2431.
Funds necessary to pay for the construction of these
improvements have been included in the budget. The deferral of the
special assessments shall continue unless terminated upon any of the following
events: (1) notification by the owner of record title to the city council to
remove such deferral; (2) sale or transfer to a new owner who does not make a
new application within sixty days of the sale or transfer; (3) transfer by
reason of death of a former owner to a new owner who does not make application
within 125 days of the transfer; (4) the land is no longer being used as
agricultural land; or (5) change of zoning to other than an agricultural zone.
Moved by Buschkoetter seconded by Hadley to approve the
application for deferral of special assessments submitted by Randall and
Cynthia Stones in connection with Paving Improvement District No. 2003-873 for 56th Street from Avenue N west to a point 630±
feet west of Parklane
Drive. Roll
call resulted as follows: Aye: Blankenship, Hadley, Buschkoetter, Kearney, Zapata. Nay: None.
Motion carried.
PLANS AND SPECIFICATIONS FOR AVENUE E BOX
CULVERT MODIFICATIONS
Mayor Blankenship opened for discussion the Plans and Specifications
for the Avenue “E” Box Culvert Modifications and set the bid opening date for June 30, 2003 at 2:00 p.m.
Kent Cordes from Miller & Associates presented this
matter to the Council. As part of the
recently completed Avenue E project a Box Culvert was constructed north of 52nd Street Place across
Avenue E. After the completion of this project the property owner on the
east side of Avenue E proceeded to clean and reshape the drainage through his
property lowering the flow line of the channel. As a result, the down
stream side of the box culvert has eroded away revealing the metal sheet piles
supporting the box culvert. The exposure of the metal sheet piles to the
elements needs to be corrected and an additional drop structure added to stop the
erosion to prolong the life of the box culvert,
The City is ready to advertise and receive bids for the
modification of the Box Culvert on Avenue E at this time. The Engineer’s
Opinion of Probable Construction Cost ranges between $15,000 and $35,000.
The work involved will be substantially complete on or before September 19, 2003.
Moved by Hadley seconded by Zapata to approve the Plans and
Specifications for the Avenue “E” Box Culvert Modifications and set the bid
opening date for June
30, 2003 at 2:00 p.m. Roll call resulted as follows: Aye:
Blankenship, Buschkoetter, Kearney,
Zapata, Hadley. Nay: None. Motion carried.
NOMINATION TO FILL COUNCIL MEMBER JOSE ZAPATA’S POSITION
Mayor Blankenship opened for discussion the nominee to be submitted
by Mayor Blankenship to fulfill the term to be vacated by Council Member Jose
Zapata effective June
24, 2003.
On April
22, 2003, Council
Member Zapata announced his intent to resign his position on the Council
effective June 24, 2003. At the May 13th Council
meeting, the Council accepted the resignation, received the written Notice of
Vacancy of Office, and authorized the City Clerk to publish said Notice of
Vacancy.
In accordance with Section 32-569 of the Nebraska Revised
Statutes, the Mayor shall, within four weeks of notice of vacancy, call a
special meeting of the council or place the issue of filling the vacancy on the
agenda at the next regular meeting at which time the Mayor shall submit the
name of a qualified registered voter to fill the vacancy for the balance of the
unexpired term. The Mayor has received letters, as well as phone contacts, from
persons interested in fulfilling the vacancy.
In accordance with the Nebraska Revised Statutes, the Mayor
shall submit the name of a qualified registered voter to fill the vacancy of
the unexpired term at the meeting. If there is a majority vote on the
nomination of the qualified individual, it is with the understanding that the
term will begin on June
24, 2003. If
there is not a majority vote, the Mayor shall submit at the next regular or
special meeting, the name of another qualified voter until such time as there
is a majority vote
Mayor Blankenship stated that he was pleased with the
quantity and quality of the applicants that were received. He was
confident that all of them would serve the community very well. Each of
the applicants has unique skills they would bring to the Council. He
called all ten of them to express appreciation on behalf of the Council and the
community.
His recommendation was Stan Clouse as Jose’s replacement on
the City Council. Mr. Clouse received the next highest vote to Council
member Hadley in the election that was held seven months ago. In addition
to that, Mr. Clouse has some good experiences that separate him from the other
applicants. He currently serves on the City’s Board of Adjustment, former
member of North Platte Planning Commission, and was an elected official with
the Shelton Village Board. Although there is a difference between the
Shelton Village Board and the Kearney City Council, there is a similarity in
the fact that he was an elected official and responsible to the community.
Mayor Blankenship stated that he was intrigued by the fact that Mr. Clouse has
some experience in that area, and the Council needs it because they are loosing
a lot of experience with Jose.
Mayor Blankenship stated that during the campaign, Mr.
Clouse attended virtually every Council meeting and many of the special
events. He observed that Mr. Clouse’s interest in serving on the Council
has not waned since the election, but has intensified. He believes that
Mr. Clouse’s reputation in the community is near impeccable, and he is well
respected. He is active in the community, accessible to the citizens, and
a hard worker.
Mayor Blankenship stated that he believes that Council
member Zapata’s seat is going to be a difficult one to fill, but with time and
patience, Stan Clouse will do an outstanding job for this community. Mr.
Clouse was present at the Council meeting and Mayor Blankenship urged the
consideration of his nomination.
Mayor Blankenship nominated Stan Clouse to fill the term of
Council Member to be vacated by Jose Zapata effective June 24, 2003.
Council member Zapata thanked the Mayor for his work in the
past couple weeks interviewing the candidates and making sure this was done
right. He believed he the Council always does things well. He
believes that Mr. Clouse is an outstanding candidate. He has been through the
election process so he is “road tested”.
Moved by Zapata seconded by Kearney to approve the nomination of Stan Clouse for the
appointment to fill the term of Council Member to be vacated by Jose Zapata
effective June 24, 2003. Roll call resulted as follows:
Aye: Blankenship, Buschkoetter, Hadley, Kearney, Zapata. Nay: None. Motion carried.
Mayor Blankenship declared the vacancy filled.
OPEN ACCOUNT CLAIMS -- NONE
There were no Open Account Claims.
VII. REPORTS
WEST NILE VIRUS
Assistant City Manager John Prescott stated the City of Kearney is working on a campaign to do some
public education regarding the West Nile Virus. There will be flyers in
the utility bills, information on Channel 7, and news releases to emphasize
what the City is doing to control the mosquito population. There will be
information on the partnership that the City has with the Two Rivers Health
Department, and some tips on what homeowners or property owners can do to help
minimize the mosquito population.
GRANT FOR RECYCLING BUILDING
Director of Utilities Kirk Stocker stated last week they
received word that the City will receive a $225,000 grant from DEQ for their
in-floor conveyor at the new Recycling Center. The DEQ grants are funded
through tire fees, tax on tires, some state tax on appliances, and for every
ton of waste that is disposed of in the landfill; the City pays a fee to the
state. Since 1993, the City has received approximately $900,000, which
included the Environmental Trust Fund Grant, which is funded by the lottery
proceeds.
TOWN HALL MEETING
Mayor Blankenship stated that next Tuesday night, June 17, 2003 there would be a Community Town
Hall Forum at 7:00 p.m. This meeting will be
televised with access via the telephone. He stated that this is an
important opportunity for the community to share their thoughts and concerns.
TRANSPORTATION PLAN
City Planner Lance Lang stated the Conference of Plan
Assistance Program is a grant that Public Works received from the State Department
of Roads to do a computer model of the Transportation Network and the Long
Range Transportation Plan. They selected Olsson and Associates as the engineer
and the Council approved the contract. The first meeting of the Task
Force is scheduled for later this month. Olsson and Associates will meet
in conjunction with Marty Shukert’s Comp Plan and this would be a great time to
address some of the City’s transportation needs. This will be a step
toward solving some of our transportation problems.
VIII. ADJOURN
Moved by Buschkoetter seconded by Kearney that Council adjourn at 8:50 p.m. Roll call resulted as follows: Aye:
Blankenship, Zapata, Hadley, Buschkoetter, Kearney. Nay: None. Motion carried.
ATTEST:
BRUCE L.
BLANKENSHIP
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
MICHAELLE E. TREMBLY
CITY CLERK