Kearney, Nebraska
September 9, 2003
7:30 p.m.
Prior to
the regular Council meeting, the Council met as the Board of Directors for the
Kearney Area Solid Waste Agency in open and public session at 7:30 p.m. on September 9, 2003
in the Council Chambers at City Hall. This meeting adjourned at 7:41 p.m. A meeting of the City Council of Kearney,
Nebraska, was then convened in open and public session at 7:42 p.m. in the Council Chambers at City Hall. Present
were: Bruce L. Blankenship, President of the Council; Michaelle Trembly,
City Clerk; Council Members Randy Buschkoetter, Stan Clouse, Galen Hadley, Don
Kearney. 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: Kirk Stoner, Mitch Humphrey,
Kyle Hanson, John Hanson, Terry Hibberd, Jolissa May, Keri Norris, Cole
Spresser from UNK Student Director of Community Relations, 2 UNK Students, 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
With the absence of a minister to give the Invocation, the
Council held a moment of silence.
PLEDGE OF ALLEGIANCE
Boy Scout Eric Warren led the Council members and audience
in the Pledge of Allegiance.
ORAL COMMUNICATIONS
There was no Oral Communications.
II.
UNFINISHED BUSINESS
There was no Unfinished Business.
III.
PUBLIC HEARINGS
REZONING - north of
60th Street adjacent to 2nd Avenue to the east
This public hearing and Public Hearings 2, 3 and 4 will
remain on the table until September 23, 2003 to allow the applicants and owners additional time to work out the
details required by the Planning Commission.
Moved by Buschkoetter seconded by Blankenship that the
Application submitted by Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta
Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta
Corrigan as General Partner (Owner) to rezone from “District A, Agricultural
District” to “District C-2/PD, Community Commercial/Planned Development Overlay
District” property described as a tract of land located in the Northwest
Quarter and the Southwest Quarter of Section 24, Township 9 North, Range 16
West of the 6th P.M., containing 24.485 acres, more or less, Buffalo County,
Nebraska (north of 60th Street adjacent to 2nd Avenue to the east) remain on
the table until September 23, 2003. Roll call resulted as follows: Aye:
Blankenship, Hadley, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried.
FINAL PLAT – INGALLS CROSSING THIRD ADDITION
Moved by Buschkoetter seconded by Blankenship that the
Application submitted by Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta
Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta
Corrigan as General Partner (Owner) for final plat approval for “INGALLS
CROSSING THIRD ADDITION” of a tract of land located in the Northwest Quarter
and the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the
6th P.M., containing 24.485 acres, more or less, Buffalo County, Nebraska
(north of 60th Street adjacent to 2nd Avenue to the east) remain on the table
until September 23, 2003. Roll call resulted as follows: Aye: Blankenship,
Hadley, Clouse, Kearney, Buschkoetter. Nay:
None. Motion carried.
INCLUDE IN CORPORATE LIMITS – INGALLS CROSSING THIRD ADDITION
Moved by Buschkoetter seconded by Blankenship that the
Application submitted by Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta
Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta
Corrigan as General Partner (Owner) for the inclusion of “INGALLS CROSSING
THIRD ADDITION” within the corporate boundaries of the City of Kearney said
property described as a tract of land located in the Northwest Quarter and the
Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., containing 24.485 acres, more or less, Buffalo County, Nebraska (north of
60th Street adjacent to 2nd Avenue to the east) remain on the table until
September 23, 2003. Roll call resulted as follows: Aye: Blankenship, Hadley,
Clouse, Kearney, Buschkoetter. Nay:
None. Motion carried.
PLANNED DEVELOPMENT PLANS FOR MENARDS - 2nd Avenue AND 65TH STREET
Moved by Buschkoetter seconded by Blankenship that the
Application submitted by Ron Ross (Applicant) for LeRoy Corrigan Trust, Roberta
Corrigan, Trustee, and Roberta Corrigan Farm, a Limited Partnership, Roberta
Corrigan as General Partner (Owner) for Planned District Development Plan
Approval for the construction of a home improvement center on property to be
zoned “District C-2/PD, Community Commercial/Planned Development Overlay
District” and described as a tract of land located in the Northwest Quarter and
the Southwest Quarter of Section 24, Township 9 North, Range 16 West of the 6th
P.M., containing 15.584 acres, more or less, Buffalo County, Nebraska (2nd
Avenue and 65th Street) remain on the table until September 23, 2003. Roll call
resulted as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay:
None. Motion carried.
LAND
USE MAP AMENDMENT – 960 feet north of 56th
Street and west of Avenue N
Mayor Blankenship opened the public hearing on the proposed
amendment to the Land Use Map of the City of Kearney Comprehensive Development
Plan from “Urban Single Family Residential” to “High Density Residential”
property described as part of Lot 1, Block 1, Camron First Addition, an
addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land
being part of the Southeast Quarter of the Southeast Quarter of Section 24,
Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more or
less, Buffalo County, Nebraska (960 feet north of 56th Street and west of
Avenue N) and to consider Resolution No. 2003-144. Planning Commission
recommended approval.
This public hearing and Public Hearings 6, 7, and 8 were
discussed together but voted on separately.
The applicant is pursuing approval of a subdivision of
property located 960 feet north of 56th Street on the west side of Avenue N.
The size of the parcel is 8.02 acres. The Owner intends to develop this
property into duplexes. Development of the project will require a Land Use Map
Amendment and Rezoning, partial vacation of an existing subdivision, platting
and annexation. This property is currently zoned Agricultural.
Land Use Map Amendment and Rezoning
The applicant is requesting R-2 zoning which would allow
construction of duplexes or single-family homes. At one time this site was
contemplated for a church site, which would also be an allowable use in R-2
zoning. This rezoning request requires a change in the Land Use Plan of the
Comprehensive Development Plan for the City of Kearney from “Urban Single-Family Residential” to “High Density
Residential.” The Land Use Map Amendment and Rezoning seem reasonable to staff
and should be compatible with existing and proposed uses in the area. Planning
Commission concurred. The entire quarter section has been conceptually master
planned and the Owner will bring a Preliminary Plat forward that encompassed
the entire development. Additional duplex development is proposed adjacent and
to the south of this site, also on this agenda as Camron 2nd
Addition. Condominium duplexes were approved several months ago for a
triangular parcel of property on the northwest corner of the 56th Street and Avenue N intersection (Camron
Addition), basically the old pivot corner minus a small commercial site slated
for a convenience store on the corner.
The other adjoining duplex projects are zoned with a planned
designation as C‑2/PD. Staff questioned whether, given the size of this
property and no indication of site layouts, if this application should be
amended to C-2/PD as well. After discussing the matter, Planning Commission
decided a “planned” designation is not necessary in this case. Staff will be
responsible for Site Plan Review, which can be appealed to Planning Commission
and City Council if there are any discrepancies between the Owner and the City
that cannot be resolved.
Vacation
Portions of an existing subdivision known as “Camron 1st
Addition” must be vacated so that the land can be replatted. Camron 1st
Addition encompasses the aforementioned pivot corner and is thus peculiarly
triangular shaped. The vacation subdivides the “tips” off of the triangle along
56th Street and along Avenue N. This vacation
essentially leaves Camron 1st Addition as a rectangular piece while
the triangular tip along Avenue N is incorporated into Stoneridge 2nd
Addition and the triangular tip along 56th Street will revert to unplatted ground. The County Surveyor will write a legal description of the triangle that will
revert to unplatted ground.
Subdivision Plat
The applicant is requesting approval of the Final Plat for
Stoneridge 2nd Addition. The Preliminary Plat was approved by Planning
Commission on August
15, 2003. This
property includes the triangular tip along Avenue N left over from the
aforementioned vacation. The lot comprises 8.02 acres. A Public Works Plan has
been submitted. A Subdivision Agreement is not required.
There shall be only one access point to Avenue N from this
subdivision. A note shall be placed on the Final Plat with this stipulation.
Annexation
The proposed subdivision is located adjacent to the city
limits and all municipal services are available. Therefore, if the 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. This tract of land is referred to as the 56th Street and Avenue N corner or as some
people know it as “King’s Corner”. This parcel of land is located north of what
is now being developed, which will be known as the King’s Crossing condominium
or duplex project. This tract of land is north of that and will contain about
eight acres. Since the land was acquired in pieces, they went ahead and
developed the first phase of their condominium project and with the next phase
being presented at this meeting they will plan for addition of that project
which will allow this one to be completed. This project is made up of some lots
that they want to vacate and combine some lots and make one large tract that
will be known as “Stoneridge Second Addition”. This second phase of the
Stoneridge project will end up as a one lot subdivision, zoned R-2, with an
access point off of Avenue N which will make everything fit nicely together
once they get though all the complexities.
There was no one present in opposition to this hearing.
Moved by Blankenship seconded by Kearney to close the
hearing and approve the proposed amendment to the Land Use Map of the City of
Kearney Comprehensive Development Plan from “Urban Single Family Residential”
to “High Density Residential” property described as part of Lot 1, Block 1,
Camron First Addition, an addition to the City of Kearney, Buffalo County,
Nebraska AND a tract of land being part of the Southeast Quarter of the
Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th
P.M., containing 8.02 acres, more or less, Buffalo County, Nebraska (960 feet
north of 56th Street and west of Avenue N) and approve Resolution No.
2003-144. Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay:
None. Motion carried.
RESOLUTION
NO. 2003-144
WHEREAS, an application for a revision of the Land Use Map of the Comprehensive
Plan has been filed in conjunction with and as a requisite part of its
application for a change in the zoning for a tract of land described as being
part of Lot 1 (now vacated), Block 1, Camron First Addition, an addition to the
City of Kearney, Buffalo County, Nebraska, and a tract of land being part of
the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North,
Range 16 West of the Sixth Principal Meridian, Buffalo County, Nebraska, all
more particularly described as follows: Referring to the Southeast Corner
of the Southeast Quarter of Section 24 and assuming the East line of the
Southeast Quarter of said Section 24 as bearings North 00º28’53” West and all
bearings contained herein are relative thereto; thence North 00º28’53” West and
on the East line of the Southeast Quarter of said Section 24 a distance of
969.17 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the
Northeast Corner of Camron First Addition, an addition to the City of Kearney,
Buffalo County, Nebraska; thence continuing North 00º28’53” West and on the
East line of the Southeast Quarter of said Section 24 a distance of 254.33
feet; thence South 89º31’07” West a distance of 750.58 feet; thence South
00º28’53” East and parallel with the East line of the Southeast Quarter of said
Section 24 a distance of 480.0 feet; thence North 89º31’07” East a distance of
700.58 feet to a point on the West right-of-way line of Avenue N, an avenue in
the City of Kearney, said point also being 50.0 feet Westerly of as measured at
right angles from the East line of the Southeast Quarter of said Section 24;
thence North 00º28’53” West and on the West right-of-way line of said Avenue N
and on a line 50.0 feet Westerly of as measured at right angles from the East
line of the Southeast Quarter of said Section 24 a distance of 170.46 feet;
thence North 16º33’13” East and continuing on the Westerly right-of-way line of
said Avenue N a distance of 57.25 feet, to a point being 33.0 feet Westerly of
as measured at right angles from the East line of the Southeast Quarter of said
Section 24; thence North 88º43’07” East a distance of 33.0 feet to the place of
beginning. Containing 8.02 acres, more or less, of which, 0.19 acres,
more or less, are presently being used for road purposes on the East side, all
in Buffalo County, Nebraska (960 feet north of 56th Street and west
of Avenue N), from “Urban Single Family Residential” to “High Density
Residential”, and
WHEREAS, the said application for change in the Comprehensive Land Use Plan has
been approved by the City Planning Commission, after a public hearing properly
published and held, and
WHEREAS, the City Council has held a public hearing upon the said revision and
voted in favor of a motion to approve the change in the Land Use Plan as
requested by the applicant.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby amended
to change from “Urban Single Family Residential” to “High Density Residential”
the use classification for the area described as being part of Lot 1 (now
vacated), Block 1, Camron First Addition, an addition to the City of Kearney,
Buffalo County, Nebraska, and a tract of land being part of the Southeast
Quarter of the Southeast Quarter of Section 24, Township 9 North, Range 16 West
of the Sixth Principal Meridian, Buffalo County, Nebraska, all more
particularly described as follows: Referring to the Southeast Corner of
the Southeast Quarter of Section 24 and assuming the East line of the Southeast
Quarter of said Section 24 as bearings North 00º28’53” West and all bearings
contained herein are relative thereto; thence North 00º28’53” West and on the East
line of the Southeast Quarter of said Section 24 a distance of 969.17 feet to
the ACTUAL PLACE OF BEGINNING, said place of beginning being the Northeast
Corner of Camron First Addition, an addition to the City of Kearney, Buffalo
County, Nebraska; thence continuing North 00º28’53” West and on the East line
of the Southeast Quarter of said Section 24 a distance of 254.33 feet; thence
South 89º31’07” West a distance of 750.58 feet; thence South 00º28’53” East and
parallel with the East line of the Southeast Quarter of said Section 24 a
distance of 480.0 feet; thence North 89º31’07” East a distance of 700.58 feet
to a point on the West right-of-way line of Avenue N, an avenue in the City of
Kearney, said point also being 50.0 feet Westerly of as measured at right
angles from the East line of the Southeast Quarter of said Section 24; thence
North 00º28’53” West and on the West right-of-way line of said Avenue N and on
a line 50.0 feet Westerly of as measured at right angles from the East line of
the Southeast Quarter of said Section 24 a distance of 170.46 feet; thence
North 16º33’13” East and continuing on the Westerly right-of-way line of said
Avenue N a distance of 57.25 feet, to a point being 33.0 feet Westerly of as
measured at right angles from the East line of the Southeast Quarter of said
Section 24; thence North 88º43’07” East a distance of 33.0 feet to the place of
beginning. Containing 8.02 acres, more or less, of which, 0.19 acres,
more or less, are presently being used for road purposes on the East side, all
in Buffalo County, Nebraska (960 feet north of 56th Street and west
of Avenue N).
PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER,
2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY
CLERK
REZONING – 960 feet
north of 56th Street and west of Avenue N
Mayor Blankenship opened the public hearing on the
Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood,
President of NP Land Development Inc. (Owner) to rezone from “District AG,
Agricultural District” to “District R-2, Urban Residential Mixed-Density
District” property described as part of Lot 1, Block 1, Camron First Addition,
an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of
land being part of the Southeast Quarter of the Southeast Quarter of Section
24, Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more
or less, Buffalo County, Nebraska (960 feet north of 56th Street and west of
Avenue N). Planning Commission recommended approval.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Clouse to close the hearing and
approve the Application submitted by Mitch Humphrey (Applicant) for Timothy
Norwood, President of NP Land Development Inc. (Owner) to rezone from “District
AG, Agricultural District” to “District R-2, Urban Residential Mixed-Density
District” property described as part of Lot 1, Block 1, Camron First Addition,
an addition to the City of Kearney, Buffalo County, Nebraska AND a tract of
land being part of the Southeast Quarter of the Southeast Quarter of Section
24, Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more
or less, Buffalo County, Nebraska (960 feet north of 56th Street and west of
Avenue N). Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried.
FINAL PLAT –
STONERIDGE SECOND ADDITION
Mayor Blankenship opened the public hearing on the
Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood,
President of NP Land Development Inc. (Owner) for final plat approval for
“STONERIDGE SECOND ADDITION” property described as part of Lot 1, Block 1,
Camron First Addition, an addition to the City of Kearney, Buffalo County,
Nebraska AND a tract of land being part of the Southeast Quarter of the
Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th
P.M., containing 8.02 acres, more or less, Buffalo County, Nebraska (960 feet
north of 56th Street and west of Avenue N) and to consider Resolution No.
2003-145. Planning Commission recommended approval.
There was no one present in opposition to this hearing.
Moved by Clouse seconded by Hadley to close the hearing and
approve the Application submitted by Mitch Humphrey (Applicant) for Timothy
Norwood, President of NP Land Development Inc. (Owner) for final plat approval
for “STONERIDGE SECOND ADDITION” property described as part of Lot 1, Block 1,
Camron First Addition, an addition to the City of Kearney, Buffalo County,
Nebraska AND a tract of land being part of the Southeast Quarter of the
Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th
P.M., containing 8.02 acres, more or less, Buffalo County, Nebraska (960 feet
north of 56th Street and west of Avenue N) and approve Resolution No. 2003-145
subject to the requirement that a note shall be placed on the Final Plat
stipulating that there shall be only one access point to Avenue N from this
subdivision. Roll call resulted as follows: Aye: Blankenship,
Buschkoetter, Hadley, Clouse, Kearney.
Nay: None. Motion carried.
RESOLUTION
NO. 2003-145
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “STONERIDGE SECOND 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 subject to the requirement that a note shall be placed
on the Final Plat stipulating that there shall be only one access point to
Avenue N from this subdivision.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the final plat on behalf of the City of
Kearney, Nebraska.
PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER,
2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY CLERK
INCLUSION TO CITY
LIMITS – STONERIDGE SECOND ADDITION
Mayor Blankenship opened the public hearing on the
Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood,
President of NP Land Development Inc. (Owner) for the inclusion of “STONERIDGE
SECOND ADDITION” within the corporate boundaries of the City of Kearney said
property described as part of Lot 1, Block 1, Camron First Addition, an
addition to the City of Kearney, Buffalo County, Nebraska AND a tract of land
being part of the Southeast Quarter of the Southeast Quarter of Section 24,
Township 9 North Range 16 West of the 6th P.M., containing 8.02 acres, more or
less, Buffalo County, Nebraska (960 feet north of 56th Street and west of
Avenue N) and to consider Resolution No. 2003-146. Planning Commission
recommended approval.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Buschkoetter to close the
hearing and approve the Application submitted by Mitch Humphrey (Applicant) for
Timothy Norwood, President of NP Land Development Inc. (Owner) for the
inclusion of “STONERIDGE SECOND ADDITION” within the corporate boundaries of
the City of Kearney said property described as part of Lot 1, Block 1, Camron
First Addition, an addition to the City of Kearney, Buffalo County, Nebraska
AND a tract of land being part of the Southeast Quarter of the Southeast Quarter
of Section 24, Township 9 North Range 16 West of the 6th P.M., containing 8.02
acres, more or less, Buffalo County, Nebraska (960 feet north of 56th Street
and west of Avenue N) and approve Resolution No. 2003-146. Roll call resulted
as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay:
None. Motion carried.
RESOLUTION
NO. 2003-146
WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for
Timothy Norwood, President of NP Land Development Inc. (Owner) for the
inclusion of “STONERIDGE SECOND ADDITION” within the corporate boundaries of
the City of Kearney said property described as tract of land being part of Lot
1 (now vacated), Block 1, Camron First Addition, an addition to the City of
Kearney, Buffalo County, Nebraska, and a tract of land being part of the
Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North,
Range 16 West of the Sixth Principal Meridian, Buffalo County, Nebraska, all
more particularly described as follows: Referring to the Southeast Corner
of the Southeast Quarter of Section 24 and assuming the East line of the
Southeast Quarter of said Section 24 as bearings North 00º28’53” West and all
bearings contained herein are relative thereto; thence North 00º28’53” West and
on the East line of the Southeast Quarter of said Section 24 a distance of
969.17 feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the
Northeast Corner of Camron First Addition, an addition to the City of Kearney,
Buffalo County, Nebraska; thence continuing North 00º28’53” West and on the
East line of the Southeast Quarter of said Section 24 a distance of 254.33
feet; thence South 89º31’07” West a distance of 750.58 feet; thence South
00º28’53” East and parallel with the East line of the Southeast Quarter of said
Section 24 a distance of 480.0 feet; thence North 89º31’07” East a distance of
700.58 feet to a point on the West right-of-way line of Avenue N, an avenue in
the City of Kearney, said point also being 50.0 feet Westerly of as measured at
right angles from the East line of the Southeast Quarter of said Section 24;
thence North 00º28’53” West and on the West right-of-way line of said Avenue N
and on a line 50.0 feet Westerly of as measured at right angles from the East line
of the Southeast Quarter of said Section 24 a distance of 170.46 feet; thence
North 16º33’13” East and continuing on the Westerly right-of-way line of said
Avenue N a distance of 57.25 feet, to a point being 33.0 feet Westerly of as
measured at right angles from the East line of the Southeast Quarter of said
Section 24; thence North 88º43’07” East a distance of 33.0 feet to the place of
beginning. Containing 8.02 acres, more or less, of which, 0.19 acres,
more or less, are presently being used for road purposes on the East side (960
feet north of 56th Street and west of Avenue N); and
WHEREAS, the Kearney City Planning
Commission has received and held a public hearing on August 15, 2003 on the
inclusion of “STONERIDGE SECOND ADDITION” within the corporate limits and
recommended the Kearney City Council approve said application; and
WHEREAS, said application to include the land within the corporate limits was
duly signed by the owners of the land affected with the express intent of
platting the land as “STONERIDGE SECOND 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 September
9, 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 “STONERIDGE SECOND ADDITION”
shall be included within the corporate limits of the City of Kearney, Buffalo
County, Nebraska, that the inhabitants of such addition shall be entitled to
all the rights and privileges, and shall be subject to all the laws,
ordinances, rules and regulations of the City of Kearney.
BE IT FURTHER RESOLVED that the inclusion of “STONERIDGE SECOND 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 9TH DAY OF SEPTEMBER, 2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
LAND
USE MAP AMENDMENT – northwest of the intersection of 56th Street and Avenue N
Mayor Blankenship opened the public hearing on the proposed
amendment to the Land Use Map of the City of Kearney Comprehensive Development
Plan from “Urban Single Family Residential” to “High Density Residential”
property described as a tract of land being part of the Southeast Quarter of
the Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th
P.M., containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest
of the intersection of 56th Street and Avenue N) and to consider Resolution No.
2003-147. Planning Commission recommended approval.
This public Hearing and Public Hearings 10, 11, and 12 were
discussed together but voted on separately.
The applicant is pursuing approval to subdivide property
located northwest of the intersection of 56th Street and Avenue N. The size of the parcel is 4.93 acres. The
Owner intends to develop this property into duplexes. Development of the
project will require a Land Use Map Amendment and Rezoning, platting and
annexation. This property is currently zoned Agricultural.
Land Use Map Amendment and Rezoning
The applicant is requesting R-2/PD zoning which would allow
construction of duplexes or single-family homes. This rezoning request requires
a change in the Land Use Plan of the Comprehensive Development Plan for the
City of Kearney from “Urban Single-Family
Residential” to “High Density Residential.” The Land Use Map Amendment and
Rezoning seem reasonable to staff and should be compatible with existing and
proposed uses in the area. Planning Commission agrees. The entire quarter
section has been conceptually master planned and the Owner will bring a
Preliminary Plat forward that encompassed the entire development in the future.
Previously, on this agenda, additional duplex development is proposed adjacent
and to the north of this site. Condominium duplexes were approved several
months ago for a triangular parcel of property adjoining this parcel to the
south.
Subdivision Plats
The applicant is requesting approval of the Final Plat for a
two-lot subdivision to be known as Camron 2nd Addition. The Preliminary Plat
was approved by the Planning Commission on August 15, 2003. The subdivision comprises 4.93
acres. A Public Works Plan has been submitted. A Subdivision Agreement is
not required.
There shall be only one access point to Avenue N and one
access to 56th
Street from this
subdivision. A note shall be placed on the Final Plat with this access
stipulation.
Annexation
The proposed subdivision is located adjacent to the city
limits and all municipal services are available. Therefore, if the 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. This is part of the complex project, which is trying to vacate
and get these “pie-shaped” pieces ready so that they can put together the next
phase of the duplex project. He believes this will be a nice addition to
that corner, which will be very livable, and user friendly. They have
provided for an easement for the sewer to the Stoneridge Second Addition lot, a
public works plan, and the stipulation for the access points on 56th Street and Avenue N as requested by
Planning Commission. He stated that this is the tip of the “iceberg” concerning
development on this property. In the next couple of months, there will be
a plan presented that will outline the concept for that entire quarter. They
have been working with the City staff on this to work out the details.
Mr. Humphrey stated that he is excited about this project and believes that it
is a good one for the City.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Blankenship to close the
hearing and approve the proposed amendment to the Land Use Map of the City of
Kearney Comprehensive Development Plan from “Urban Single Family Residential”
to “High Density Residential” property described as a tract of land being part
of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9
North Range 16 West of the 6th P.M., containing 4.93 acres, more or less,
Buffalo County, Nebraska (northwest of the intersection of 56th Street and
Avenue N) and approve Resolution No. 2003-147. Roll call resulted as
follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.
RESOLUTION
NO. 2003-147
WHEREAS, an application for a revision of the Land Use Map of the Comprehensive
Plan has been filed in conjunction with and as a requisite part of its
application for a change in the zoning for a tract of land described as being
part of the Southeast Quarter of the Southeast Quarter of Section 24, Township
9 North, Range 16 West, of the Sixth Principal Meridian, Buffalo County,
Nebraska, more particularly described as follows: Referring to the Southeast
Corner of the Southeast Quarter of Section 24 and assuming the East line of the
southeast Quarter of said Section 24 as bearing North 00º28’53” West and all
bearings contained herein are relative thereto; thence North 00º28’53” West and
on the East line of the Southeast Quarter of said Section 24, a distance of
743.50 feet; thence South 89º31’07” West a distance of 140.52 feet to the
ACTUAL PLACE OF BEGINNING, said place of beginning being on the Northerly line
of Lot 1, Block 1, Camron First Addition, an addition to the City of Kearney,
Buffalo County, Nebraska; thence continuing South 89º31’07” West a distance of
610.06 feet; thence South 00º28’53” East a distance of 568.79 feet to a
point on the Northerly line of Lot 4, Block 1, of said Camron First Addition;
thence North 66º05’46” East and on the Northerly line of said Camron First
Addition, a distance of 66.44 feet; thence North 59º26’51” East and continuing
on the Northerly line of said Camron First Addition, a distance of 145.82 feet;
thence North 53º15’50” East and continuing on the Northerly line of said Camron
First Addition, a distance of 216.41 feet; thence North 40º46’35” East
and continuing on the Northerly line of said Camron First Addition a distance
of 169.48 feet; thence North 35º24’11” East and continuing on the Northerly
line of said Camron First Addition, a distance of 108.57 feet; thence North
29º36’11” East and continuing on the Northerly line of said Camron First
Addition, a distance of 145.64 feet, to the place of beginning.
Containing 4.93 acres, more or less, all in Buffalo County, Nebraska (northwest
of the intersection of 56th Street and Avenue N), from “Urban Single Family
Residential” to “High Density Residential”, and
WHEREAS, the said application for change in the Comprehensive Land Use Plan has
been approved by the City Planning Commission, after a public hearing properly
published and held, and
WHEREAS, the City Council has held a public hearing upon the said revision and
voted in favor of a motion to approve the change in the Land Use Plan as
requested by the applicant.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the Comprehensive Land Use Plan be and is hereby
amended to change from “Urban Single Family Residential” to “High Density
Residential” the use classification for the area described as being part of the
southeast Quarter of the Southeast Quarter of Section 24, Township 9 North,
Range 16 West, of the Sixth Principal Meridian, Buffalo County, Nebraska, more
particularly described as follows: Referring to the Southeast Corner of the
Southeast Quarter of Section 24 and assuming the East line of the southeast
Quarter of said Section 24 as bearing North 00º28’53” West and all bearings
contained herein are relative thereto; thence North 00º28’53” West and on the
East line of the Southeast Quarter of said Section 24, a distance of 743.50
feet; thence South 89º31’07” West a distance of 140.52 feet to the ACTUAL PLACE
OF BEGINNING, said place of beginning being on the Northerly line of Lot 1,
Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo
County, Nebraska; thence continuing South 89º31’07” West a distance of
610.06 feet; thence South 00º28’53” East a distance of 568.79 feet to a
point on the Northerly line of Lot 4, Block 1, of said Camron First Addition;
thence North 66º05’46” East and on the Northerly line of said Camron First
Addition, a distance of 66.44 feet; thence North 59º26’51” East and continuing
on the Northerly line of said Camron First Addition, a distance of 145.82 feet;
thence North 53º15’50” East and continuing on the Northerly line of said Camron
First Addition, a distance of 216.41 feet; thence North 40º46’35” East
and continuing on the Northerly line of said Camron First Addition a distance
of 169.48 feet; thence North 35º24’11” East and continuing on the Northerly
line of said Camron First Addition, a distance of 108.57 feet; thence North
29º36’11” East and continuing on the Northerly line of said Camron First
Addition, a distance of 145.64 feet, to the place of beginning.
Containing 4.93 acres, more or less, all in Buffalo County, Nebraska (northwest of the intersection of 56th Street and Avenue N).
PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER,
2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY
CLERK
REZONING
– northwest of the intersection of 56th
Street and Avenue N
Mayor Blankenship opened the public hearing on the
Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood,
President of NP Land Development Inc. (Owner) to rezone from “District AG,
Agricultural District” to “District R-2/PD, Urban Residential
Mixed-Density/Planned Development Overlay District” property described as a
tract of land being part of the Southeast Quarter of the Southeast Quarter of
Section 24, Township 9 North Range 16 West of the 6th P.M., containing 4.93
acres, more or less, Buffalo County, Nebraska (northwest of the intersection of
56th Street and Avenue N). Planning Commission recommended approval subject to
the Development Plans being approved prior to beginning projects for each lot.
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 Mitch Humphrey (Applicant) for
Timothy Norwood, President of NP Land Development Inc. (Owner) to rezone from
“District AG, Agricultural District” to “District R-2/PD, Urban Residential
Mixed-Density/Planned Development Overlay District” property described as a tract
of land being part of the Southeast Quarter of the Southeast Quarter of Section
24, Township 9 North Range 16 West of the 6th P.M., containing 4.93 acres, more
or less, Buffalo County, Nebraska (northwest of the intersection of 56th Street
and Avenue N) subject to the Development Plans being approved prior to
beginning projects for each lot. Roll call resulted as follows:
Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried.
FINAL PLAT – CAMRON
SECOND ADDITION
Mayor Blankenship opened the public hearing on the
Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood,
President of NP Land Development Inc. (Owner) for final plat approval for
“CAMRON SECOND ADDITION” property described as a tract of land being part of
the Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North
Range 16 West of the 6th P.M., containing 4.93 acres, more or less, Buffalo
County, Nebraska (northwest of the intersection of 56th Street and Avenue N)
and to consider Resolution No. 2003-148. Planning Commission recommended
approval subject to the final plat must include an easement reflecting the
sewer line location and a final Public Works Plan must be provided prior to
being heard by the City Council.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Clouse to close the hearing and
approve the Application submitted by Mitch Humphrey (Applicant) for Timothy
Norwood, President of NP Land Development Inc. (Owner) for final plat approval
for “CAMRON SECOND ADDITION” property described as a tract of land being part
of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9
North Range 16 West of the 6th P.M., containing 4.93 acres, more or less,
Buffalo County, Nebraska (northwest of the intersection of 56th Street and
Avenue N) and approve Resolution No. 2003-148 subject to (1) the final plat
must include an easement reflecting the sewer line location, (2) a final Public
Works Plan must be provided, and (3) a note shall be placed on the Final Plat
stipulating that there shall be only one access point to Avenue N and one
access to 56th Street from this subdivision. Roll call
resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion
carried.
RESOLUTION
NO. 2003-148
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “CAMRON SECOND 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 subject to the requirement that a note shall be placed on the
Final Plat stipulating that there shall be only one access point to Avenue N
and one access to 56th Street from this subdivision.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the final plat on behalf of the City of
Kearney, Nebraska.
PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER,
2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY CLERK
INCLUSION TO CITY
LIMITS – CAMRON SECOND ADDITION
Mayor Blankenship opened the public hearing on the
Application submitted by Mitch Humphrey (Applicant) for Timothy Norwood,
President of NP Land Development Inc. (Owner) for the inclusion of “CAMRON
SECOND 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 Southeast Quarter of Section 24, Township 9 North Range 16 West of the 6th
P.M., containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest
of the intersection of 56th Street and Avenue N) and to consider Resolution No.
2003-149. Planning Commission recommended approval.
There was no one present in opposition to this hearing.
Moved by Clouse seconded by Hadley to close the hearing and
approve the Application submitted by Mitch Humphrey (Applicant) for Timothy
Norwood, President of NP Land Development Inc. (Owner) for the inclusion of
“CAMRON SECOND 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 Southeast Quarter of Section 24, Township 9 North Range 16 West of the
6th P.M., containing 4.93 acres, more or less, Buffalo County, Nebraska
(northwest of the intersection of 56th Street and Avenue N) and approve
Resolution No. 2003-149. Roll call resulted as follows: Aye:
Blankenship, Hadley, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried.
RESOLUTION
NO. 2003-149
WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for
Timothy Norwood, President of NP Land Development Inc. (Owner) for the
inclusion of “CAMRON SECOND ADDITION” within the corporate boundaries of the
City of Kearney said property described as tract of land being part of the
southeast Quarter of the Southeast Quarter of Section 24, Township 9 North,
Range 16 West, of the Sixth Principal Meridian, Buffalo County, Nebraska, more
particularly described as follows: Referring to the Southeast Corner of the
Southeast Quarter of Section 24 and assuming the East line of the southeast
Quarter of said Section 24 as bearing North 00º28’53” West and all bearings
contained herein are relative thereto; thence North 00º28’53” West and on the
East line of the Southeast Quarter of said Section 24, a distance of 743.50
feet; thence South 89º31’07” West a distance of 140.52 feet to the ACTUAL PLACE
OF BEGINNING, said place of beginning being on the Northerly line of Lot 1,
Block 1, Camron First Addition, an addition to the City of Kearney, Buffalo
County, Nebraska; thence continuing South 89º31’07” West a distance of
610.06 feet; thence South 00º28’53” East a distance of 568.79 feet to a
point on the Northerly line of Lot 4, Block 1, of said Camron First Addition;
thence North 66º05’46” East and on the Northerly line of said Camron First
Addition, a distance of 66.44 feet; thence North 59º26’51” East and continuing
on the Northerly line of said Camron First Addition, a distance of 145.82 feet;
thence North 53º15’50” East and continuing on the Northerly line of said Camron
First Addition, a distance of 216.41 feet; thence North 40º46’35” East
and continuing on the Northerly line of said Camron First Addition a distance
of 169.48 feet; thence North 35º24’11” East and continuing on the Northerly
line of said Camron First Addition, a distance of 108.57 feet; thence North
29º36’11” East and continuing on the Northerly line of said Camron First
Addition, a distance of 145.64 feet, to the place of beginning.
Containing 4.93 acres, more or less, Buffalo County, Nebraska (northwest of the
intersection of 56th Street and Avenue N); and
WHEREAS, the Kearney City Planning
Commission has received and held a public hearing on August 15, 2003 on the
inclusion of “CAMRON SECOND ADDITION” within the corporate limits and
recommended the Kearney City Council approve said application; and
WHEREAS, said application to include the land within the corporate limits was
duly signed by the owners of the land affected with the express intent of
platting the land as “CAMRON SECOND 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 September
9, 2003 who deemed the
said addition to be included within the corporate limits to be advantageous to
and in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED by the President and City Council of the City of
Kearney, Nebraska, that the land to be platted as “CAMRON SECOND ADDITION”
shall be included within the corporate limits of the City of Kearney, Buffalo
County, Nebraska, that the inhabitants of such addition shall be entitled to
all the rights and privileges, and shall be subject to all the laws,
ordinances, rules and regulations of the City of Kearney.
BE IT FURTHER RESOLVED that the inclusion of “CAMRON SECOND 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 9TH DAY OF SEPTEMBER, 2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
FINAL PLAT – PLATTE RIVER COMMERCIAL PARK SIXTH ADDITION
Mayor Blankenship opened the public hearing on the
Application submitted by Mitch Humphrey (Applicant) for David Oldfather of
Platte River Investments (Owner) for final plat approval for “PLATTE RIVER
COMMERCIAL PARK SIXTH ADDITION” of 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., containing 3.26 acres, more or less, Buffalo County,
Nebraska (east side of Antelope Avenue beginning 200 feet north of 3409
Antelope Avenue and extending 380.21 feet north) and to consider Resolution No.
2003-150. Planning Commission recommended approval.
This Public Hearing and Public Hearing 14 were discussed
together but voted on separately.
The applicant is pursuing approval to subdivide property
located on the east side of Antelope Avenue
beginning 200 feet north of 3409 Antelope Avenue and extending 380.21 feet north. The proposed two-lot subdivision is
the northernmost part of the Platte River Commercial Park development. The size of the parcel
is 3.26 acres. This property is currently zoned M-1 and the Owner intends to
develop it for industrial land use. Development of the project will require
platting and annexation.
Subdivision Plat
The applicant is requesting approval of the Final Plat for a
two‑lot subdivision to be known as Platte River Commercial Park 6th Addition. The Preliminary Plat
was approved by Planning Commission on August 15, 2003. The subdivision comprises 3.26
acres. No Public Works Plan is required; however, each lot will be responsible
for managing on-site stormwater. No building permits will be issued for any lot
until the City Engineer has approved the design and computations for the
stormwater detention cell. A Subdivision Agreement is not required.
The lots feature shared access points from Antelope Avenue as shown on the Final Plat.
Annexation
The proposed subdivision is located adjacent to the city
limits and all municipal services are available. Therefore, if the 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. This tract is located on Antelope Avenue about a quarter mile north of east Highway 30. This property was rezoned
M-1 about six weeks ago and this is the final phase of development for the
tracts that will abut onto Antelope Avenue.
They are in compliance with all recommendations of the Planning Commission.
Director of Public Works Rod Wiederspan explained that this
particular piece of land is being handled differently since it will not require
any public works plan regarding storm water management. The owner of this land
also owns the remainder of the ground, which he farms. In the future,
storm water detention will be required as he develops on the backside of this
property. At the present time, he is basically storing the storm water
runoff on his own site.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Buschkoetter to close the
hearing and approve the Application submitted by Mitch Humphrey (Applicant) for
David Oldfather of Platte River Investments (Owner) for final plat approval for
“PLATTE RIVER COMMERCIAL PARK SIXTH ADDITION” of 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., containing 3.26 acres, more or less,
Buffalo County, Nebraska (east side of Antelope Avenue beginning 200 feet north
of 3409 Antelope Avenue and extending 380.21 feet north) and approve Resolution
No. 2003-150 subject to compliance of the following requirements: (1) no Public
Works Plan is required; however, each lot will be responsible for managing
on-site stormwater; and (2) no building permits will be issued for any lot
until the City Engineer has approved the design and computations for the stormwater
detention cell. Roll call resulted as follows: Aye: Blankenship,
Clouse, Kearney, Buschkoetter, Hadley. Nay:
None. Motion carried.
RESOLUTION
NO. 2003-150
BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA,
that the plat of “PLATTE RIVER COMMERCIAL PARK SIXTH 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 subject to compliance of the following
requirements: (1) no Public Works Plan is required; however, each lot will be
responsible for managing on-site stormwater; and (2) no building permits will
be issued for any lot until the City Engineer has approved the design and
computations for the stormwater detention cell.
BE IT FURTHER RESOLVED that the President of the Council be and is hereby
authorized and directed to execute the final plat on behalf of the City of
Kearney, Nebraska.
PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER,
2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY CLERK
INCLUSION TO CITY
LIMITS – PLATTE RIVER COMMERCIAL PARK SIXTH ADDITION
Mayor Blankenship opened the public hearing on the
Application submitted by Mitch Humphrey (Applicant) for David Oldfather of
Platte River Investments (Owner) for the inclusion of “PLATTE RIVER COMMERCIAL
PARK SIXTH 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., containing 3.26 acres, more or less, Buffalo County, Nebraska
(east side of Antelope Avenue beginning 200 feet north of 3409 Antelope Avenue
and extending 380.21 feet north) and to consider Resolution No. 2003-151.
Planning Commission recommended approval.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Blankenship to close the
hearing and approve the Application submitted by Mitch Humphrey (Applicant) for
David Oldfather of Platte River Investments (Owner) for the inclusion of
“PLATTE RIVER COMMERCIAL PARK SIXTH 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., containing 3.26 acres, more or less,
Buffalo County, Nebraska (east side of Antelope Avenue beginning 200 feet north
of 3409 Antelope Avenue and extending 380.21 feet north) and approve Resolution
No. 2003-151. Roll call resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried.
RESOLUTION
NO. 2003-151
WHEREAS, an Application has been submitted by Mitch Humphrey (Applicant) for
David Oldfather of Platte River Investments (Owner) for the inclusion of
“PLATTE RIVER COMMERCIAL PARK SIXTH ADDITION” within the corporate boundaries
of the City of Kearney said property described as 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 Sixth Principal Meridian, 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 1162.1
feet to the ACTUAL PLACE OF BEGINNING, said place of beginning being the
Northwest Corner of Platte River Commercial Park Fifth 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 361.1 feet; thence North
89º49’06” East a distance of 376.0 feet; thence SOUTH parallel with the West
line of said Government Lot 2 a distance of 380.21 feet to the Northeast corner
of Lot 1, Block 1, Platte River Commercial Park Fifth Addition; thence South
89º49’06” West and on the North line of said Platte River Commercial Park Fifth
Addition a distance of 316.0 feet; thence North and continuing on the North
line of Lot 1, Bock 1, of said Platte River Commercial Park Fifth Addition a
distance of 20.0 feet; thence South 89º49’06” West and continuing on the North
line of Lot 1, Block 1, of said Platte River Commercial Park Fifth Addition a
distance of 60.0 feet to the place of beginning; containing 3.26 acres, more or
less, of which, 0.274 acres, more or less, are presently being used for road
purposes on the West side, all in Buffalo County, Nebraska (east side of
Antelope Avenue beginning 200 feet north of 3409 Antelope Avenue and extending
380.21 feet north); and
WHEREAS, the Kearney City Planning
Commission has received and held a public hearing on August 15, 2003 on the inclusion
of “PLATTE RIVER COMMERCIAL PARK SIXTH 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 SIXTH 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 September
9, 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
SIXTH 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
SIXTH 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 9TH DAY OF SEPTEMBER, 2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY
CLERK
REZONING – 6226 EAST CEDAR HILL PLACE
Mayor Blankenship opened the public hearing on the
Application submitted by John R. Hanson and Kyle L. Hanson (Applicant and
Owner) to rezone from “District AG, Agricultural District” to “District RR-1,
Rural Residential (Rural Standards) District” property described as Lot 13 of
Block 1, Cedar Hills Subdivision, a subdivision of the East Half of the
Northeast Quarter of Section 31, Township 9 North, Range 16 West of the 6th
P.M., AND a tract of land being part of the Southwest Quarter of the Northwest
Quarter of Section 32, Township 9 North, Range 16 West of the 6th P.M., Buffalo
County, Nebraska (6226 East Cedar Hill Place). Planning Commission recommended
approval.
The applicant is pursuing approval of rezoning for property
located at 6226 East
Cedar Hill Place. The
property consists of two parcels, a platted lot in Cedar Hills Subdivision
zoned RR-1 and a previously un-zoned tract adjoining the lot, both under common
ownership of the applicant. The applicant desires to zone the entire land area
contained in both parcels to RR-1 so a house can be built.
The Owner is interested in rezoning this land to build a
rural residence. Staff informed the applicant that according to Code, the
remainder of the parcel that is zoned Agricultural would need to be rezoned to
obtain a building permit if less than 40 acres. The un-zoned parcel is 10 acres
more or less, but the two parcels taken together exceed 10 acres so no
subdivision is required.
Kyle Hanson was present to answer any questions from the
Council.
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 John R. Hanson and Kyle L.
Hanson (Applicant and Owner) to rezone from “District AG, Agricultural
District” to “District RR-1, Rural Residential (Rural Standards) District”
property described as Lot 13 of Block 1, Cedar Hills Subdivision, a subdivision
of the East Half of the Northeast Quarter of Section 31, Township 9 North,
Range 16 West of the 6th P.M., AND a tract of land being part of the Southwest
Quarter of the Northwest Quarter of Section 32, Township 9 North, Range 16 West
of the 6th P.M., Buffalo County, Nebraska (6226 East Cedar Hill Place).
Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley,
Clouse, Kearney. Nay: None. Motion
carried.
CONDITIONAL USE PERMIT
– ALLTEL COMMUNICATIONS; 10 EAST
31ST STREET
Mayor Blankenship opened the public hearing on the
Application submitted by Alltel Communications of Nebraska, Inc. (Applicant) and
Good Samaritan Hospital (Owner) for a Conditional Use Permit to locate a
wireless telecommunications facility on property zoned “District C-0, Office
District” and described as Lot 1, Block 1, Good Samaritan Second Subdivision to
the City of Kearney, Buffalo County, Nebraska (10 East 31st Street). Planning
Commission recommended approval.
Council member Hadley vacated his chair and abstained from
discussion and voting on this matter for the reason he is a Board Member of the
Hospital.
The applicant is requesting approval of a Conditional Use
Permit (CUP) for telecommunications antennas and associated equipment on the
roof of Good Samaritan Hospital for Alltel Communications.
The antennas will extend approximately five feet above the
roof-line of the existing building. Associated equipment will be roof mounted.
As such, the antennas and equipment should be unnoticeable or inconspicuous
from ground level. The use of the existing building is certainly preferable to
construction of an additional tower. The applicant has submitted all required
support information required by the Telecommunications Ordinance.
Keri Norris from Faulk and Foster presented this matter to
the Council. She stated that Alltel’s intention is to attach six antennas
to the rooftop of the hospital and also place a lightweight equipment shelter
there. The shelter will be painted to match the existing structures up there.
Alltel has made an agreement with the hospital, which they are ready to sign
pending the Council’s decision.
Council member Randy Buschkoetter asked about the need for
six antennae. Ms. Norris stated usually there are three antennas but since this
is digital technology it requires six antennas to be placed in different
locations on the rooftop.
There was no one present in opposition to this hearing.
Moved by Kearney seconded by Clouse to close the hearing and
approve the Application submitted by Alltel Communications of Nebraska, Inc.
(Applicant) and Good Samaritan Hospital (Owner) for a Conditional Use Permit to
locate a wireless telecommunications facility on property zoned “District C-0,
Office District” and described as Lot 1, Block 1, Good Samaritan Second
Subdivision to the City of Kearney, Buffalo County, Nebraska (10 East 31st
Street). Roll call resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter. Nay:
None. Hadley abstaining. Motion carried.
CONDITIONAL USE PERMIT
– ALLTEL COMMUNICATIONS; 1919 5TH
AVENUE
Mayor Blankenship opened the public hearing on the
Application submitted by Alltel Communications of Nebraska, Inc. (Applicant)
and City of Kearney, Nebraska (Owner) for a Conditional Use Permit to locate a
wireless telecommunications facility on property zoned “District M-1, Limited
Industrial District” and described as part of Lot 8 and 9, Patterson’s Tract
“E” Subdivision to the City of Kearney, Buffalo County, Nebraska (1919 15th
Avenue). Planning Commission recommended approval. Administration recommends
approval subject to the execution of the Site Option and Land Lease Agreement.
The applicant is requesting approval of a Conditional Use
Permit (CUP) for a new telecommunications tower for Alltel Communications with
antennas and associated ground mounted equipment at the City of Kearney Public Works Annex. The property is zoned M-1. Alltel
will pay a lease fee to the City to locate the tower here.
The proposed tower is a 180-foot monopole tower. Associated
equipment will be ground mounted. In the hierarchy of land uses set forth in
the Telecommunications Ordinance, M-1 zoning is a preferred location for tower
erection. The tower will allow future co-location as required in the ordinance.
The applicant has submitted all required support information required by the
Telecommunications Ordinance for the construction of this tower.
Keri Norris from Faulk and Foster was present to answer any
questions from the Council. She stated that the proposal is to construct a
180-foot tower on City property. Alltel would be locating their antennas at the
100-foot level. The additional 80 feet is to allow for future co-locators.
Alltel has reached an agreement with the City. The agreement states that future
co-locators would need to negotiate with Alltel for tower space, but the City
would retain ownership of the land so co-locators would need to negotiate with
the City for the ground space for the air equipment shelter. The additional
space would allow for at least three more locators, possibly four or five
depending on the arrays that each carrier would want to put up there.
There was no one present in opposition to this hearing.
Moved by Clouse seconded by Hadley to close the hearing and
approve the Application submitted by Alltel Communications of Nebraska, Inc.
(Applicant) and City of Kearney, Nebraska (Owner) for a Conditional Use Permit
to locate a wireless telecommunications facility on property zoned “District
M-1, Limited Industrial District” and described as part of Lot 8 and 9,
Patterson’s Tract “E” Subdivision to the City of Kearney, Buffalo County,
Nebraska (1919 15th Avenue) subject to the execution of the Site Option and
Land Lease Agreement. Roll call resulted as follows: Aye: Blankenship,
Clouse, Kearney, Buschkoetter, Hadley. Nay:
None. Motion carried.
CATERING LIQUOR
LICENSE – PARADISE COVE
Mayor Blankenship opened the public hearing on the
application submitted by EXPRESSIONS CATERING, dba “Paradise Cove” for a
Catering License in conjunction with their Class “C58433” Liquor License
located at 224 South
2nd Avenue and to
consider Resolution No. 2003-152.
Kirk Stoner presented this matter to the Council. He stated
that they received their Class C liquor license in March and this application
goes along with their catering business. Currently, under the Class C license
they can get the special designated licenses to cater at places like the Arch,
Fairgrounds, etc. He believed this license would allow them to do events
easier and more cost effectively.
Mayor Blankenship stated that Mr. Stoner has been in the
catering business for a number of years and has been very reputable. He
has been operating Paradise Cove since mid-winter with no incidences that would
reflect poorly on his record.
There was no one present in opposition to this hearing.
Moved by Hadley seconded by Buschkoetter to close the hearing
and approve the application submitted by EXPRESSIONS CATERING, dba “Paradise
Cove” for a Catering License in conjunction with their Class “C58433” Liquor
License located at 224
South 2nd Avenue and
approve Resolution No. 2003-152. Roll call resulted as follows:
Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried.
RESOLUTION
NO. 2003-152
WHEREAS, EXPRESSIONS CATERING, dba “Paradise Cove” has filed with the City
Clerk of the City of Kearney, Nebraska, an application for a Catering License
in connection with their Class “C58433” (Beer, Wine and Distilled Spirits – On
and Off Sale Only) Liquor License and doing business at 224 South 2nd Avenue,
Kearney, Nebraska, and has paid all fees and done all things required by law as
provided in the Nebraska Liquor Control Act; and
WHEREAS, a hearing was held relating to said application on September 9, 2003.
NOW, THEREFORE, BE IT RESOLVED that the President and City Council of the City
of Kearney, Nebraska approve or recommend approval to the Nebraska Liquor
Control Commission of the issuance of a Catering License to EXPRESSIONS
CATERING, dba “Paradise Cove” in connection with their Class “C58433” (Beer, Wine
and Distilled Spirits – On and Off Sale Only) Liquor License located at 224
South 2nd Avenue.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to record the
Council action favoring the issuance of said license in the Minute Record of
the proceedings of the Council.
PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY CLERK
2003-2004 FISCAL YEAR
BUDGET
Mayor Blankenship opened the public hearing on the adoption
of the City of Kearney
Budget for the
2003-2004 Fiscal Year. Planning Commission recommended approval of the capital
expenditures as presented by City staff.
This Public Hearing and Public Hearing 20 were discussed
together but voted on separately.
Director of Finance and Administration Wendell Wessels
presented this matter to the Council. Pursuant to Section 13-506 of the
Nebraska Revised Statutes, the City Council is required to conduct a public
hearing on the City of Kearney proposed budget and the City of
Kearney Offstreet Parking District No. 1 proposed budget for the 2003-2004
fiscal year.
The public hearing is a process where the City Council hears
support, opposition, criticism, suggestions or observations of taxpayers
relating to the proposed Budget Document. The City Council should review the
2003-2004 Budget document and bring it to the City Council public hearings.
After the Budget document is reviewed and the public hearings are conducted,
Ordinance No. 6990 should be passed and approved on the Regular Agenda.
Ordinance No. 6990 legally adopts the Budget document and appropriates sums of
money contained in the Budget document for the necessary expenses and
liabilities of the City of Kearney.
Pursuant to the Nebraska Budget Act (State Statute 13-508),
the City of Kearney is required to file the 2003-2004 adopted budget, after a
public hearing, with the Buffalo County Clerk and the State of Nebraska Auditor
of Public Accounts on or before September 20, 2003.
The 2003-2004 budget has been built on conservative
financial principals that reflect staff commitment to maintaining necessary
services, improving the quality of the operation of the City, and keeping
expenditures and taxes as low as possible.
The City Council is required to conduct a public hearing
concerning the budget for the City of Kearney and the City of Kearney Offstreet Parking District No. 1 pursuant to
State Statutes. Therefore, the only alternative for the City is to conduct the
public hearings and adopt, or amend and adopt as amended, the City of Kearney
Annual Operating Budget and Program of Services for the fiscal year beginning
on October 1, 2003 and ending on September 30, 2004.
There was no one present in opposition to this hearing.
Moved by Buschkoetter seconded by Blankenship to close the
hearing and adopt the City of Kearney Budget for the 2003-2004 Fiscal Year.
Roll call resulted as follows: Aye: Blankenship, Buschkoetter, Hadley,
Clouse, Kearney. Nay: None. Motion carried.
KEARNEY OFFSTREET
PARKING DISTRICT NO. 1 2003-2004 BUDGET
Mayor Blankenship opened the public hearing on the adoption
of the City of Kearney Offstreet Parking District No. 1 Budget for the
2003-2004 Fiscal Year.
There was no one present in opposition to this hearing.
Moved by Blankenship seconded by Kearney to close the
hearing and adopt the City of Kearney Offstreet Parking District No. 1 Budget
for the 2003-2004 Fiscal Year. Roll call resulted as follows: Aye:
Blankenship, Hadley, Clouse, Kearney, Buschkoetter. Nay: None.
Motion carried.
2003 PROPERTY TAX LEVY
Mayor Blankenship opened the public hearing on setting the
2003 City of Kearney property tax levy at a different amount than the
preliminary property tax levy set for the City of Kearney by the Buffalo County
Clerk and to consider Resolution No. 2003-153.
Director of Finance and Administration Wendell Wessels
presented this matter to the Council. Section 77-1601.02 of the Nebraska
Revised Statutes requires political subdivisions of the State of Nebraska to
conduct a Special Public Hearing to set the 2003 property tax request if the
request is going to be different than the 2002 property tax request. The same
statutes include a provision stating that the property tax request for 2002
will be the property tax request for 2003 unless the political subdivision
passes by a majority vote a resolution setting the property tax request at a
different amount.
Resolution No. 2003-153 sets the property tax request for
2003. The 2003-2004 City of Kearney Budget includes a property tax requirement
of $1,088,907.58 for the General Fund, and a property tax requirement of
$263,748.00 for the Public Safety Tax Anticipation Bond Fund. The 2003 property
tax requirements are different than the 2002 property tax requirements;
therefore, a Special Public Hearing is required to set the 2003 property tax
requirement.
Pursuant to the Nebraska Budget Act (State Statute
77-1601.02), the City of Kearney is required to conduct a Special Public
Hearing to set the 2003 property tax request if the request is going to be
different than the 2002 property tax request. The 2003 property tax requirement
is different than the 2002 property tax requirement; therefore, a public
hearing is required. After the public hearing, the City Council is required to
pass a resolution, by a majority vote, setting the property tax request for
2003.
There was no one present in opposition to this hearing.
Council Member Kearney referred to the comments and calls
that he has received from people in the community. He referred to the
City Manager’s transmittal letter stating that the budget document is the
single most important report presented at the City Council during the
year. He agreed that it is very important. The result is that the
tax is going up one mill. He stated that even though the City is being very
conservative, the public can be very demanding especially in the parks area. He
encouraged the community to come to the budget meetings, which are advertised,
so they could get a better understanding of the budget process. He complimented
the staff on doing a tremendous job this year and for the things that they
accomplished. The Council has a great responsibility to maintain the
infrastructure and the parks and have done a great job again this year.
Council member Buschkoetter stated he was previously
employed by NTV and covered city government in the tri-city area. He
noted that he experienced a lot of discontent in other cities with officials
and government. Kearney welcomes public participation in the budget
process because it so important. He believes by the public’s absence at
the budget meetings, that people think the City is headed in the right
direction and doing the right thing. He also believes that there is a
fair amount of trust of Kearney City government with the budget process.
Moved by Kearney seconded by Clouse to close the hearing and
approve setting the 2003 City of Kearney property tax levy at a different
amount than the preliminary property tax levy set for the City of Kearney by
the Buffalo County Clerk and approve Resolution No. 2003-153. Roll call
resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter,
Hadley. Nay: None. Motion carried.
RESOLUTION
NO. 2003-153
WHEREAS, Neb. Rev. Stat. Section 77-1601.02, (R.R.S. 1943), as amended),
authorizes the City Council to set the 2003 property tax request for the City
of Kearney; and
WHEREAS, the mayor and City Council of the City of Kearney Nebraska hereby
finds and determines that it is in the best interests of the City of Kearney
that a 2003 property tax request be set for the City of Kearney.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Kearney, Nebraska, that, pursuant to the provisions of Neb. Rev.
Stat. Section 77-1601.02 (R.R.S. 1943) an All-Purpose Tax Request of
$1,088,907.58 is set for the fiscal year beginning the 1st day of October, 2003
and ending on the 30th day of September, 2004 for the purpose of equipping,
maintaining and paying the departments of the City of Kearney.
BE IT FURTHER RESOLVED by the Mayor
and City Council of the City of Kearney, Nebraska, that, pursuant to the
provisions of Neb. Rev. Stat. Section 77-1601.02 (R.R.S. 1943), a Special Tax
Request of $263,748.00 is set for the fiscal year beginning the 1st day of
October, 2003 and ending the 30th day of September 2004 for the purpose of
paying off bonds authorized by Neb. Rev. Stat. Section 18-1202 (R.R.S. 1943).
BE IT FURTHER RESOLVED that the City Clerk is hereby ordered to certify said
request to the Buffalo County Clerk in order that the same may be placed on the
property tax rolls and be collected in the manner provided by law.
BE IT FURTHER RESOLVED that all
ordinances and resolutions or parts if ordinances and resolutions in conflict
herewith are hereby repealed.
BE IT FURTHER RESOLVED that this
Resolution shall be in full force and effect October 1, 2003, and shall be
published in pamphlet form.
PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY CLERK
IV.
CONSENT AGENDA
Moved by Clouse seconded by Hadley that Subsections 1
through 11 of Consent Agenda Item IV be approved. Roll call resulted as
follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley, Clouse.
Nay: None. Motion carried.
1.
Approve Minutes of Regular Meeting held August 26, 2003.
2.
3M MDY9704 $604.80 Su; Ace Hardware $21.12 Various; Advance Auto Parts $10.61
Rep; AFLAC $1,655.68 Ded; Alltel $1,087.92 Various; Amazon.Com $89.79 Bks; Amer
Electric $442.27 Various; Amer Fence $2,089.00 Su; Amer Planning Assoc $190.00
Tr; Andersen Wrecking $7.50 Equip; Anderson Bros $88.66 Rep; Anderson Outdoor
Power $532.63 Su; Artz, L $75.00 Claim; Aspen Pub $244.68 Dues, Bks; AT&T
$149.52 Serv; Baker & Taylor Books $2,093.01 Bks; Barco Municipal Products
$144.79 Inv; Baye, S $24.59 Cla; Best Access Systems $113.27 Inv; Big Apple Fun
Center $92.12 Reim; Blessing $433,071.73 Serv; Bloomfield, C $42.57 Various;
Blue Cross Blue Shield $26,538.21 Claims; Bobs Super Store $25.78 Su; Bohlmann
$97.51 Rep; Books on Tape $76.80 Bks; Brite-Way $397.45 Serv; Buffalo Co Reg Of
Deeds $5.50 Serv; Buffalo Co Court $323.14 Ded; Buffalo Co District Court
$129.00 Ded; Buggy Bath $16.00 Rep; Builders Warehouse $956.94 Various; Buzzs
Marine Supply $88.04 Su; Cabela's Retail $26.11 Various; Canada Life Assurance
$5,099.37 Various; Cash-Wa $4,059.55 Su; CDW Gov't $2,876.16 Su; Central Fire
$2,854.75 Rep; Central Hydraulic System $144.89 Various; Central NE Bobcat
$409.03 Inv; CHAD $6.00 Ded; Chamberlain Group $62.45 Rep; Chesterman $1,957.85
Su; Cimarron Travel Plaza $28.45 Tr; City of Ky $115,178.40 Various; Clifford
of Vermont $340.00 Rep; College Directory $325.00 Adv; College Savings Plan of
NE $245.00 Ded; Community Action Partnership $83.00 Tr; Computer Hardware
$107.45 Su; Computer Pro's $12.95 Su; Construction Rental $28.95 Various; Copycat
Printing $1,055.17 Su; Corp Diversified Services $14,008.71 Ded; Crossroads
Ford $432.22 Inv; Culligan $306.19 Various; D&M Security $100.00 Rep; Dan
Roeder Concrete $127,089.99 Serv; Dannehl's Feed $157.40 Su; Dell $11,656.00
Capital Outlay; Development Council $770.00 Admin; Diamond Vogel Paints $145.22
Various; Digibuy.Com $49.00 Su; Double M Farms $4,000.00 Serv; Eakes $983.14
Su; Ecolab $26.00 Su; Eileen's Colossal Cookie $13.75 Su; Elliott Equipment
$533.18 Inv; Epson Store $204.90 Su; Expression Wear $249.21 Su; F&S Supply
$63.37 Su; Fairbanks Int'l $176.96 Inv; Fastenal $403.16 Inv; Fenemore, C
$36.00 Serv; Fiddelke Htg $711.02 Rep; Fireguard $356.89 Rep; Foley, E $500.00
Tools; Fremont Nat'l Bank $32,282.28 Ded; Frontier $953.55 Various; Gangwish
Turf $210.06 Su; Gas N Shop $5.96 Su; Gordon's Small Engine Repair $59.31 Inv;
Graham Tire $613.81 Inv; Grand Central IGA $65.44 Su; Grupe, B $1,385.18 Tr;
H&H Dist $1,043.00 Su; Hastings Entertainment $120.00 Su; Hilton Hotels
Omaha $494.58 Tr; Hobby Lobby $136.12 Su; Holmes Plbg $1,085.47 Various; Hyatt
Hotels Lake Tahoe $110.88 Tr; IBT $60.88 Inv; ICMA Internet $620.00 Tr; ICMA RC
$2,455.35 Ded; IRS $79,198.56 Ded; Interstate Structures $93,980.00 Serv; ISDN
$14.95 Serv; J&J Railroad Services $112.00 Su; Jacobsen, Orr $612.50 Serv;
JJE $49.40 Su; Junkman $392.62 Various; K&K Parts $411.93 Inv; K Mart
$257.22 Su; Ky Area Chamber $232.00 Dues; Ky Area Solid Waste Agency $57,414.03
Tipping Fees; Ky Area United Way $836.37 Ded; Ky Chamber of Commerce $65.00
Admin; Ky Crete $703.55 Su; Ky Implement $732.93 Various; Ky Warehouse $885.30
Su; Ky Yamaha $1,702.61 Various; Kelly Supply $1,088.60 Various; Kewanna Screen
Printing $53.77 Su; Killion Motors $81.14 Inv; Kooyman, R $10.35 Tr; Kotschwar,
T $150.00 Equip; Kugler $886.40 Rep; Kuykendall, J $425.55 Tr; Kyocera Wireless
$112.86 Su; L&W Tires $2,028.38 Various; Laser Art Design $112.00 Su;
Lawson Products $270.13 Various; LARM $1,700.00 Prem; Linweld $523.87 Various;
Lisa's Instant Print $56.00 Su; Little Caesar's Pizza $44.00 Su; Little Kings
$110.45 Su; Lockmobile $85.00 Rep; Marlatt Machine Shop $1,524.82 Various;
Martinosky, M $50.00 Reim; McAtee, S $50.00 Reim; McCollister & Co.
$1,281.81 Inv; McLaughlin, S $210.35 Various; Medical Air Products $70.00 Su;
Midwest Turf $349.30 Various; Miller & Assoc $25,191.96 Serv; Miller Signs
$120.00 Rep; Mosbarger, B $210.35 Various; Motion Ind $28.59 Rep; Mr.
Automotive $1,471.75 Various; MSI Systems $29,576.00 Equip; Municipal Supply
$138.50 Inv; Naden Ind $57.60 Su; NAPA $2,092.61 Various; Nat'l Arbor Day
$25.00 Dues; Nat'l Fire Protection $238.61 Su; Nat'l Waterworks $218.88 Inv; NE
Child Support $978.49 Ded; NE Dept of Ag $109.25 Su; NE Dept of Revenue
$33,820.92 Ded; NE Dept of Roads $38,331.62 Serv; NE Golf Assoc $2,916.00 Dues;
NE Library Comm $3,500.00 Serv; NE Machinery $495.65 Inv; NE Notary Assoc
$119.15 Various; NE Truck Center $89.37 Inv; NEland Distributors $992.30 Su;
Network Solutions $180.00 Various; Nevco Scoreboard $29.94 Rep; Nogg Chemical
$289.76 Inv; Northern Tool $149.39 Rep; Northwestern Energy $1,362.13 Serv;
Office Depot $650.02 Various; Office Max $281.96 Various; Officenet $1,389.56
Equip; Old Home Bakery $23.71 Su; On-Site Mobile Sharpening $69.65 Tools;
O'Reilly $408.86 Various; Oriental Trade $39.30 Su; Orscheln $382.86
Various; P.E.P. $94.50 Rep; Paul Otto Curb Grinding $36.00 Serv; Pioneer Mfg
$648.00 Su; Platte Valley Communications $23.22 Various; Preferred Mail $182.98
Pstg; Presto-X $110.00 Rep; Pueblo Chemical $264.00 Rep; Quality Books $297.69
Bks; Quality Cleaners $8.90 Su; Quill $89.70 Su; Radio Shack $2.99 Inv; RDG
Crose Gardner Shukert $1,000.00 Serv; Ready Mixed Concrete $12,601.98 Serv;
Reams Sprinkler $4,240.14 Various; Recorded Books $542.60 Bks; Resource Mgt
$2,057.40 Tire Disposal; Roper Radiator $50.00 Su; Russells Appliance $279.00
Equip; Sage, P $57.48 Cla; Sahling Kenworth $31.60 Inv; Schwan's Home Service
$1,132.15 Su; Sears Dealer $205.96 Su; S-F Analytical Lab $827.00 Serv; Shell
Oil $48.11 Various; Sherwin Williams $479.45 Su; Shirt Shack $1,041.60 Su;
Sporty's Catalogs $614.15 Equip; St. Andrews Products $140.06 Su; State of NE
DAS Comm $26.66 Serv; State of NE HHS Lab $1,042.00 Serv; Store Palm.Com $40.51
Su; Subway Store $115.05 Su; Sun Turf $1,440.00 Serv; Sutphen $7.19 Rep; SWANA
$133.00 Fees; T&B Cleaning $1,100.00 Serv; Target $55.41 Su; Targets
$224.08 Su; Texaco $38.56 Su; Thirsty's $39.97 Su; Thompson, L $25.00 Rep;
Tielke's Sand $663.02 Su; Tollefsen Elliott $427.42 Various; Tractor Supply
$1,158.97 Various; Trade Well Pallet $400.00 Su; U Save Foods $332.39 Various;
UAP Pueblo $351.43 Various; Union Oil $11,811.24 Various; Unique Books $46.32
Bks; United Air $530.00 Tr; US Tennis Assoc $25.00 Dues; UPS $23.21 Pstg; US
Postmaster $775.00 Pstg; USA Blue Book $213.28 Su; USPS $74.15 Pstg; Utility
Equipment $9,770.57 Inv; Vessco $580.91 Su; Viking Office Products $63.74 Su;
Village Cleaners $125.00 Cla; Waldenbooks $3.19 Su; Walmart Supercenter
$1,503.46 Various; Washington State Support Regis $102.01 Ded; Wellness
Councils of America $76.80 Wellness Program; West Group $261.00 Su; West Villa
Animal Hospital $600.00 Serv; Wiederspan, R $1,178.14 Tr; Wilke Donovans True
Value $62.37 Various; Wittek Golf $518.21 Su; Xerox $87.63 Su; Zimmerman
Printers $53.59 Su; Payroll Ending 08-23-2003 -- $250,227.70.
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.
REMAIN ON THE TABLE UNTIL SEPTEMBER 23, 2003 MEETING. Consider the
Commercial Property Lease Agreement between the City of Kearney/Kearney
Municipal Airport Corporation and Bosselman Energy for the purpose of
constructing a propane fuel tank facility at the Kearney Municipal Airport and
approve Resolution No. 2003-102.
4.
Approve the Agreement to conduct a parade submitted by the Kearney Area Chamber
of Commerce for the UNK Band Day to be held on September 27, 2003 beginning at
9:00 a.m. starting at Central Avenue and Railroad Street, north on Central
Avenue to 27th Street, west on 27th Street and ending at
the UNK Campus. The staging area to be closed beginning at 6:00 a.m.
include Railroad Street from 4th Avenue to Avenue E, Avenue A from
21st Street to Railroad Street, and Avenues B, C and D from Railroad
Street to 22nd Street, 3rd Avenue and 4th
Avenue from Railroad Street to 22nd Street. This request will
also allow for the selling of refreshments during the parade.
5.
Approve Change Order No. 1 for an increase in the amount of $8,827.35 submitted
by Interstate Structures in connection with the Kearney Area Recycling Center
located at 3007 East 39th Street and approve Resolution No. 2003-154.
RESOLUTION NO. 2003-154
WHEREAS, on February 25, 2003 the City Council awarded the bid for the Kearney
Area Recycling Center located at 3007 East 39th Street in the amount
of $1,293,179.00 to Interstate Structures, Inc.; and
WHEREAS, the following are the reasons for the change order: (1) changing the
crushed rock parking and driveway surface to two layers of crushed concrete for
no additional cost, (2) providing a 100-gallon storage tank for the oil
separator for an additional cost of $831.60, (3) the installation of the post indicator
valve on the fire sprinkler system for an additional cost of $1,487.75, (4)
patching and grading the existing driveway for the post indicator valve
installation for an additional cost of $250.00, (5) adding 2 inches of
insulation because the roof purloins are 2 inches deeper than anticipated for a
cost of $5,736.00, and (6) an additional $522.00 for adding the address to the
building with the same style of letters as the building name; 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 $8,827.35, as
shown on Exhibit “A” attached hereto and made a part hereof by reference:
|
Original Contract Price
|
$1,293,179.00
|
|
Change Order No. 1 (09-09-2003)
|
+ 8,827.35
|
|
New Contract Price
|
$1,302,006.35
|
NOW, THEREFORE, BE IT RESOLVED by the President and Council of the City of
Kearney, Nebraska, and hereby find and determine that Change Order No. 1 as
shown on Exhibit “A be and is hereby accepted and approved.
PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003.
ATTEST:
PRESIDENT OF THE COUNCIL
AND
EX-OFFICIO MAYOR
CITY
CLERK
6.
Approve the Agreement between the City of Kearney and RCOM to locate wireless internet service antennae on the 2.0 MG
water tower located at 48th Street and 8th Avenue and approve Resolution No.
2003-155.
RESOLUTION NO. 2003-155
BE IT RESOLVED by the President and
Council of the City of Kearney, Nebraska, that the President be and is hereby
authorized and directed to execute the Lease Agreement (Radios on Water
Towers), on behalf of the City of Kearney, with RCOM L.L.C., a copy of the
Agreement, marked Exhibit “1”, is attached hereto and made a part hereof by
reference.
PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY
CLERK
7. Approve
setting September 23, 2003 at 7:30 p.m. as time and date for the Board of
Equalization to assess costs for the 2001 Part II Improvements consisting of
Paving Improvement District No. 2000-835 for 39th Street from 342 feet east of
Avenue N to Union Pacific Railroad; 2002 Part I Improvements consisting of
Paving Improvement District No. 2001-861, Water District No. 2001-522, and
Sewer District No. 2001-463 for Avenue R from 45th Street north 785 feet;
Paving Improvement District No. 2001-862, Water District No. 2001-523, and
Sewer District No. 2001-464 for 46th Street Place from Avenue R east 530 feet;
Paving Improvement District No. 2001-863, Water District No. 2001-524, and
Sewer District No. 2001-465 for 47th Street Place from Avenue R east 530 feet;
2002 Part II Improvements consisting of Paving Improvement District No.
2001-860, Water District No. 2001-521, and Sewer District No. 2001-462 for 17th
Avenue from the south lot line of Lot 4 of Block 2, Sun West Third Addition
north to the north lot line of Lot 1 of Block 1, Sun West Third Addition AND
for 16th Street from the west lot line of Lot 1 of Block 2, Sun West Third
Addition east to the east lot line of Lot 1 of Block 4, Sun West Third
Addition; Paving Improvement District No. 2001-864 for 15th Street from 6th
Avenue to 7th Avenue; Paving Improvement District No. 2001-867 and Water
District No. 2001-525 for 13th Avenue from 11th Street south a distance of 598±
feet; Sewer District No. 2001-466 for 13th Avenue from 11th Street south to the
south line of Rapp Addition and for 13th Avenue if extended a distance of 1478±
feet.
8. Approve
setting September 23, 2003 at 7:30 p.m. as time and date for the Board of
Equalization to determine a connection fee in the amount of special benefits
accruing to the property in the district which fee shall be paid to the City at
the time such property becomes connected to the water and/or sewer lines for
Water Connection District No. 2001-1 for 11th Street from the east lot line of
Lot 1, Block 2, Sun West Second Addition to the City of Kearney west to Kea
West Avenue AND Kea West Avenue from 11th Street south a distance of 2046±
feet; Sewer Connection District No. 2001-1 for 56th Street north and west along
the Union Pacific Railroad right-of-way and through Gary Addition to Avenue N;
Sewer Connection District No. 2001-2 located in that part of Government Lots 1,
2, 3 and 4 of Section 11; and Lots 1 and 2 of E.K. and Mary Yanney Heritage
Park; and the Northeast Quarter of Section 10 all of which are located in
Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska.
9. Approve
the application for a Special Designated License submitted by St. George
Orthodox Church to dispense beer, wine and distilled spirits in the Extension
Building at the Buffalo County Fairgrounds on October 4, 2003 from 9:00 a.m.
until 10:00 p.m. for a Mediterranean dinner fund raiser.
10. Approve the
application for a Special Designated License submitted by Thunderhead Brewing
in conjunction with their Class I47918/K47920 to dispense beer in the Extension
Building at the Buffalo County Fairgrounds on November 8, 2003 from 6:00 p.m.
until 1:00 a.m. for a beer festival.
11.
Consider the Communications Site Option and Land Lease Agreement between the
City of Kearney and Alltel Communications of Nebraska, Inc. to locate a
communications facility on property described as part of Lot 8 and 9,
Patterson’s Tract “E” Subdivision to the City of Kearney, Buffalo County,
Nebraska (1919 15th Avenue) and approve Resolution No. 2003-156. (Pertains
to Public Hearing 17.)
12.
Approve the Application
submitted by Betty Janes to use the sidewalk and the parking spaces in front of
their business, 2123 Central Avenue, on September 19 and 20, 2003 from 9:00
a.m. until 6:00 p.m. for a mini sidewalk sale.
13.
Approve the Application
submitted by Picket Fence Antiques to use the sidewalk in front of their
business, 2121 Central Avenue, on September 19 and 20, 2003 from 9:00 a.m.
until 6:00 p.m. for a mini sidewalk sale.
V.
CONSENT AGENDA ORDINANCES
None.
VI.
REGULAR AGENDA
REZONING
PROPERTY LOCATED north of 60th Street adjacent to 2nd Avenue to the east
Mayor Blankenship stated Ordinance No. 6980 rezoning
property located north of 60th Street adjacent to 2nd Avenue to the east from
“District A, Agricultural District” to “District C-2/PD, Community
Commercial/Planned Development Overlay District” will remain on the table until
September 23, 2003.
Moved by Hadley seconded by Buschkoetter that Ordinance No.
6980 rezoning property located north of 60th Street adjacent to 2nd Avenue to
the east from “District A, Agricultural District” to “District C-2/PD,
Community Commercial/Planned Development Overlay District” remain on the table
until September 23, 2003. Roll call resulted as follows: Aye: Blankenship,
Hadley, Clouse, Kearney, Buschkoetter. Nay: None. Motion carried.
ORDINANCE
NO. 6984 – REZONING; 960 feet north of 56th Street and west of Avenue N
Council Member Buschkoetter introduced Ordinance No. 6984,
being Subsection 2 of Agenda Item VI to rezone from “District AG, Agricultural
District” to “District R-2, Urban Residential Mixed-Density District” property
described as part of Lot 1, Block 1, Camron First Addition, an addition to the
City of Kearney, Buffalo County, Nebraska AND a tract of land being part of the
Southeast Quarter of the Southeast Quarter of Section 24, Township 9 North
Range 16 West of the 6th P.M., containing 8.02 acres, more or less, Buffalo
County, Nebraska (960 feet north of 56th Street and west of Avenue N), 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 Blankenship
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, Clouse, Kearney, Buschkoetter,
Hadley. Nay: None. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared
passed and adopted. City Clerk read Ordinance No. 6984 by number.
Roll call of those in favor of the passage of said ordinance on the first
reading resulted as follows: Aye: Blankenship, Clouse, Kearney,
Buschkoetter, Hadley. Nay: None. Motion carried. Ordinance
was read by number.
Moved by Blankenship seconded by Kearney that Ordinance No.
6984 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6984 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. 6985 – VACATE PORTION OF CAMRON FIRST ADDITION
Council Member Buschkoetter introduced Ordinance No. 6985,
being Subsection 3 of Agenda Item VI to vacate Lots 1 and 4 of Block 1, Camron
First Addition, an addition to the City of Kearney, Buffalo County, Nebraska,
and moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and said ordinances be considered for passage
on the same day upon reading by number only, and then placed on final passage
and that the City Clerk be permitted to call out the number of the ordinance on
its first reading and then upon its final passage. Council Member
Blankenship 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, Clouse, Kearney, Buschkoetter,
Hadley. Nay: None. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared
passed and adopted. City Clerk read Ordinance No. 6985 by number.
Roll call of those in favor of the passage of said ordinance on the first
reading resulted as follows: Aye: Blankenship, Clouse, Kearney,
Buschkoetter, Hadley. Nay: None. Motion carried. Ordinance
was read by number.
Moved by Blankenship seconded by Kearney that Ordinance No.
6985 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6985 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. 6986 – REZONING; NORTHWEST OF THE INTERSECTION OF 56TH STREET AND AVENUE N
Council Member Buschkoetter introduced Ordinance No. 6986,
being Subsection 4 of Agenda Item VI to rezone from “District AG, Agricultural
District” to “District R-2/PD, Urban Residential Mixed-Density/Planned
Development Overlay District” property described as a tract of land being part
of the Southeast Quarter of the Southeast Quarter of Section 24, Township 9
North Range 16 West of the 6th P.M., containing 4.93 acres, more or less,
Buffalo County, Nebraska (northwest of the intersection of 56th Street and
Avenue N), 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 Blankenship 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, Clouse, Kearney,
Buschkoetter, Hadley. Nay: None. Motion to suspend the rules having
been concurred in by three-fourths of the City Council, said motion was
declared passed and adopted. City Clerk read Ordinance No. 6986 by
number. Roll call of those in favor of the passage of said ordinance on
the first reading resulted as follows: Aye: Blankenship, Clouse, Kearney,
Buschkoetter, Hadley. Nay: None. Motion carried. Ordinance
was read by number.
Moved by Blankenship seconded by Kearney that Ordinance No.
6985 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6986 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. 6987 – REZONING; 6226 EAST CEDAR HILL PLACE
Council Member Buschkoetter introduced Ordinance No. 6987,
being Subsection 5 of Agenda Item VI to rezone from “District AG, Agricultural
District” to “District RR-1, Rural Residential (Rural Standards) District”
property described as Lot 13 of Block 1, Cedar Hills Subdivision, a subdivision
of the East Half of the Northeast Quarter of Section 31, Township 9 North,
Range 16 West of the 6th P.M., AND a tract of land being part of the Southwest
Quarter of the Northwest Quarter of Section 32, Township 9 North, Range 16 West
of the 6th P.M., Buffalo County, Nebraska (6226 East Cedar Hill Place), 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 Blankenship
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, Clouse, Kearney, Buschkoetter,
Hadley. Nay: None. Motion to suspend the rules having been
concurred in by three-fourths of the City Council, said motion was declared
passed and adopted. City Clerk read Ordinance No. 6987 by number.
Roll call of those in favor of the passage of said ordinance on the first
reading resulted as follows: Aye: Blankenship, Clouse, Kearney, Buschkoetter,
Hadley. Nay: None. Motion carried. Ordinance was read by
number.
Moved by Blankenship seconded by Kearney that Ordinance No.
6987 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6987 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. 6988 – CONDITIONAL USE PERMIT TO ALLTEL AND GOOD SAMARITAN HOSPITAL
Council member Hadley abstained from voting on this Ordinance
for the reason he is a Board Member of the Hospital.
Council Member Kearney introduced Ordinance No. 6988, being
Subsection 6 of Agenda Item VI to grant a Conditional Use Permit to Alltel
Communications of Nebraska, Inc. (Applicant) and Good Samaritan Hospital
(Owner) to locate a wireless telecommunications facility on property zoned
“District C-0, Office District” and described as Lot 1, Block 1, Good Samaritan
Second Subdivision to the City of Kearney, Buffalo County, Nebraska (10 East
31st Street), and moved that the statutory rules requiring ordinances to be
read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the
number of the ordinance on its first reading and then upon its final
passage. Council Member Clouse seconded the motion to suspend the
rules. President of the Council asked for discussion or if anyone in the
audience was interested in the ordinance. No one responded. Clerk
called the roll which resulted as follows: Aye: Blankenship,
Buschkoetter, Clouse, Kearney. Nay: None. Hadley abstained. Motion to
suspend the rules having been concurred in by three-fourths of the City
Council, said motion was declared passed and adopted. City Clerk read
Ordinance No. 6988 by number. Roll call of those in favor of the passage
of said ordinance on the first reading resulted as follows: Aye:
Blankenship, Buschkoetter, Clouse, Kearney. Nay: None. Hadley abstained.
Motion carried. Ordinance was read by number.
Moved by Clouse seconded by Buschkoetter that Ordinance No.
6988 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Clouse, Kearney,
Buschkoetter. Nay: None. Hadley abstained. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6988 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. 6989 –
CONDITIONAL USE PERMIT TO ALLTEL
Council Member Hadley introduced Ordinance No. 6989, being
Subsection 7 of Agenda Item VI to grant a Conditional Use Permit to Alltel
Communications of Nebraska, Inc. (Applicant) and City of Kearney, Nebraska
(Owner) to locate a wireless telecommunications facility on property zoned
“District M-1, Limited Industrial District” and described as part of Lot 8 and
9, Patterson’s Tract “E” Subdivision to the City of Kearney, Buffalo County,
Nebraska (1919 15th Avenue) subject to the execution of the Site Option and
Land Lease Agreement, and moved that the statutory rules requiring ordinances
to be read by title on three different days be suspended and said ordinances be
considered for passage on the same day upon reading by number only, and then
placed on final passage and that the City Clerk be permitted to call out the
number of the ordinance on its first reading and then upon its final
passage. Council Member Buschkoetter seconded the motion to suspend the
rules. President of the Council asked for discussion or if anyone in the
audience was interested in the ordinance. No one responded. Clerk
called the roll which resulted as follows: Aye: Blankenship, Clouse,
Kearney, Buschkoetter, Hadley. Nay: None. Motion to suspend the
rules having been concurred in by three-fourths of the City Council, said
motion was declared passed and adopted. City Clerk read Ordinance No.
6989 by number. Roll call of those in favor of the passage of said
ordinance on the first reading resulted as follows: Aye: Blankenship, Clouse,
Kearney, Buschkoetter, Hadley. Nay: None. Motion carried.
Ordinance was read by number.
Moved by Buschkoetter seconded by Blankenship that Ordinance
No. 6989 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6989 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. 6990 –
ADOPT BUDGET
Council Member Hadley introduced Ordinance No. 6990, being
Subsection 8 of Agenda Item VI to adopt the City of Kearney Budget Statement to
be termed the Annual Appropriation Bill and to appropriate sums for necessary
expenses and liabilities, and moved that the statutory rules requiring
ordinances to be read by title on three different days be suspended and said
ordinances be considered for passage on the same day upon reading by number
only, and then placed on final passage and that the City Clerk be permitted to
call out the number of the ordinance on its first reading and then upon its final
passage. Council Member Buschkoetter seconded the motion to suspend the
rules. President of the Council asked for discussion or if anyone in the
audience was interested in the ordinance. No one responded. Clerk
called the roll which resulted as follows: Aye: Blankenship, Clouse,
Kearney, Buschkoetter, Hadley. Nay: None. Motion to suspend the
rules having been concurred in by three-fourths of the City Council, said
motion was declared passed and adopted. City Clerk read Ordinance No.
6990 by number. Roll call of those in favor of the passage of said
ordinance on the first reading resulted as follows: Aye: Blankenship,
Clouse, Kearney, Buschkoetter, Hadley. Nay: None. Motion
carried. Ordinance was read by number.
Moved by Buschkoetter seconded by Blankenship that Ordinance
No. 6990 be passed, approved and published as required by law. Roll call
resulted as follows: Aye: Blankenship, Kearney, Buschkoetter, Hadley,
Clouse. Nay: None. Motion carried.
By reason of the roll call voted on the first reading and
final passage of the ordinance, Ordinance No. 6990 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.
INCREASE BUDGET
AUTHORITY BY ONE PERCENT
Mayor Blankenship opened for discussion allowing the City of
Kearney to increase its “Budget Authority” by an additional one percent or
$58,208.98 which will be carried over to the 2004-2005 budget as “Unused Budget
Authority” and to consider Resolution No. 2003-157.
Director of Finance and Administration Wendell Wessels
presented this matter to the Council. On April 2, 1998, the Nebraska
Legislature enacted LB989, which provides for a new overall budget limitation
on certain restricted funds. LB989 imposes a limitation on the growth of
certain restricted funds of 2½% plus a factor for growth, if any. Additionally,
the 2½% limitation may be exceeded by an additional 1% upon an affirmative vote
of at least 75% of the governing body.
Although the City of Kearney does not need the additional 1%
allowed under LB989 for the 2003-2004 budget; however, passage of Resolution
No. 2003-157 will allow the City to increase its “Budget Authority” by
$58,208.98. The $58,208.98 of additional “Budget Authority” will not be used in
the 2003-2004 budget; however, the $58,208.98 of additional “Budget Authority”
will be carried over to the 2004-2005 budget as “Unused Budget Authority” and
will then be available for the 2004-2005 budget, if needed.
Pursuant to the Nebraska Budget Act (State Statute
13-519.3), the City of Kearney may exceed the base limitation of 2½% by an
additional one percent upon the affirmative vote of at least seventy-five
percent of the City Council. Upon the affirmative vote of at least seventy-five
percent of the City Council, the City will have the authority to exceed its
base limitation of 2½% by an additional 1%. The additional one percent will
give the City an additional $58,208.98 in “Budget Authority”.
Moved by Blankenship seconded by Kearney to approve
Resolution No. 2003-157 allowing the City of Kearney to increase its “Budget
Authority” by an additional one percent or $58,208.98 which will be carried
over to the 2004-2005 budget as “Unused Budget Authority”. Roll call
resulted as follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse,
Kearney. Nay: None. Motion carried.
RESOLUTION
NO. 2003-157
WHEREAS, on April 2, 1998 the Nebraska Legislature passed and approved LB 989
which imposes a two and one half percent lid on certain restricted funds for
local governments; and
WHEREAS, Neb. Rev. Stat. Section 13-519.03, (R.R.S. 1943), as amended, allows
governmental units to exceed the two and one half percent limit as provided in
Neb. Rev. Stat. Section 13-519.01, (R.R.S. 1943), as amended, by up to an
additional one percent upon the affirmative vote of at least seventy-five
percent of the governing body; and
WHEREAS, the mayor and City Council of the City of Kearney Nebraska hereby
finds and determines that it is in the best interests of the City of Kearney
that the City of Kearney exceed the limit as provided in Neb. Rev. Stat.
Section 13-519.01, (R.R.S. 1943), as amended, by an additional one percent as
allowed pursuant to Neb. Rev. Stat. Section 13-519.03, (R.R.S. 1943), as
amended.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council
of the City of Kearney, Nebraska, that the City of Kearney exceed the limit as
provided in Neb. Rev. Stat. Section 13-519.03, (R.R.S. 1943), as amended, by an
additional one percent.
BE IT FURTHER RESOLVED that all ordinances and resolutions or parts if
ordinances and resolutions in conflict herewith are hereby repealed.
BE IT FURTHER RESOLVED that this
Resolution shall be in full force and effect October 1, 2003, and shall be
published in pamphlet form.
PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003.
ATTEST:
PRESIDENT OF
THE COUNCIL
AND EX-OFFICIO
MAYOR
CITY CLERK
ORDINANCE NO. 6991 –
SALARY ORDINANCE
Council Member Kearney introduced Ordinance No. 6991, being
Subsection 10 of Agenda Item VI to repeal Ordinance
No. 6910 and classify the officers and employees of the City; fix the ranges of
compensation of such officers and employees; establish the hours and work
period for overtime eligibility; provide for payments of clothing and/or
uniform allowances; and provide for payment of vehicle allowance, 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 Clouse
seconded the motion to suspend the rules. President of the Council asked
for discussion or if anyone in the audience was interested in the
ordinance. No one responded. Clerk called the roll which resulted
as follows: Aye: Blankenship, Hadley, Clouse, Kearney, Buschkoetter.
Nay: None. Motion to suspend the rules having been concurred in by
three-fourths of the City Council, said motion was declared passed and
adopted. City Clerk read Ordinance No. 6991 by number. Roll call of
those in favor of the passage of said ordinance on the first reading resulted
as follows: Aye: Blankenship, Hadley, Clouse, Kearney,
Buschkoetter. Nay: None. Motion carried. Ordinance was read
by number.
Moved by Clouse seconded by Hadley that Ordinance No. 6991
be passed, approved and published as required by law. Roll call resulted
as follows: Aye: Blankenship, Clouse, Kearney, 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. 6991 is declared to be lawfully
passed and adopted upon publication in pamphlet form and made available to the
public at the Office of the City Clerk, the Kearney Police Department and the
Kearney Public Library.
Award keno funds
Mayor Blankenship opened for discussion the recommendation
submitted by the Keno Committee on the allocation on non-departmental keno
funds designed for outside agencies.
Assistant City Manager John Prescott presented this matter
to the Council. Last month, City Administration met with a four-member
committee comprised of individuals who are or have been involved with community
wide organizations such as the United Way and Kearney Area Community Foundation
to assist staff in making recommendations to the City Council on the ten
percent of Keno awards that can be awarded to non-City applications.
The following is a list of the applications that were
submitted.
|
Purpose
|
Amount
Requested
|
Committee
Recommendation
|
|
CPR
Saturday 2003
|
2,500.00
|
0.00
|
|
Automated
External Defibrillator
|
1,400.00
|
1,400.00
|
|
Summer
Learn to swim Program
|
967.00
|
967.00
|
|
Freighters
Hotel Preservation Project
|
20,595.00
|
4,000.00
|
|
Drug
Abusing Offenders Program
|
5,000.00
|
0.00
|
|
Goodwill
Employment Services Program
|
4,139.68
|
2,000.00
|
|
Kearney Holiday Promotion Campaign
|
5,000.00
|
2,500.00
|
|
Diversity
Task Force Educational Project
|
4,000.00
|
0.00
|
|
Kearney Technology Project
|
2,000.00
|
0.00
|
|
Kearney Assisted Living Promotional
Project
|
5,000.00
|
0.00
|
|
Play
Structures & Capital Improvements
|
2,603.00
|
2,603.00
|
|
Youth
Boxing Equipment & facilities
|
Max Available
|
|
|
S.A.F.E. Center Facilities
|
2,415.55
|
2,416.00
|
|
Donation
Tracker Software
|
5,325.00
|
4,852.00
|
|
Purchase
of a Copier
|
6,915.00
|
6,915.00
|
|
Centennial
Banner Project
|
5,000.00
|
0.00
|
|
Kearney Newspaper Project
|
3,780.00
|
3,780.00
|
|
Wireless
Library
|
1,250.00
|
1,250.00
|
The Keno Committee reviewed and evaluated all of the Keno
grant applications. The Committee spent a considerable amount of time
discussing their understanding of the applications and various factors related
to awarding an application. City Administration really believes this is a very
beneficial manner in terms of receiving additional community input on awarding
this ten percent of Keno funding. The group formulated recommendations on
awarding funding for at least a portion of ten of the sixteen non-City
applications that were received. The Committee also recommended funding for two
Library applications. A condition was attached to the award for the Kearney
Area Children’s Museum. The award was funded but only after the Children’s
Museum has moved into a new location.
The Committee noted that a number of the applications from
non-City applications were for operational costs. They also expressed concern
that some the applications were for repeat capital expenses of previous
projects funded by Keno. City Administration was asked to convey to the
applicant that the projects are worthy but should not seek Keno funding on a
repetitive basis.
State Statutes provide several possible uses for Keno
receipts. The applicant was responsible for identifying how the award would
comply with those guidelines. The Committee also reviewed how the application
met these guidelines. Keno receipts are only distributed after the applicant
submits receipts documenting that they have spent their own money in accordance
with the application.
Keno funds recommended for award have already been
collected. Any change in the level of play will not impact these awards as the money
has already been paid to the City. As indicated earlier, keno funds are only
distributed on a reimbursement basis in accordance with the application.
Council member Clouse asked if statutorily if the City is
required to give these fund to outside agencies or are there things within the
City’s needs that would fit community improvement?
Mr. Prescott stated that the City is not statutorily
required because the City has adopted a resolution, which is different than the
statute, which says that the City must give to outside agencies. The resolution
recommends that the Council basically keeps 90 percent for City projects and
distributes the remaining ten percent to outside agencies that might
apply. There were years that the City did not receive enough applications
and not all the monies were awarded; either the applications received were not
for capital items or could not find a good application among the ones
received. It is not required, but has been operating practice to award to
outside agencies. There are some great projects on this list that we have
funded in the past. The Keno committee does not fund any project on a
year-to-year basis but looks for new projects to fund.
City Manger Allen Johnson stated that some cities do use all
the proceeds for City purposes. He stated that it is a judgment call on
the part of Council whether it should be distributed to outside agencies or
not.
Mayor Blankenship stated that in his personal opinion as
long as the City is able to do some of the things it wants with Keno in terms
of using them to help with the golf course, meet budget demands of the City,
and keep the tax rate from getting too high, he likes the fact of giving a
portion back to outside agencies. He likes this opportunity to supply
these Keno funds back to people.
Council member Clouse stated that he knows there is a lot of
history on this but wondered if the City should be in this position doing
“social service type work”? This involves $30,000 plus and he questioned if
that amount could have helped lower the levy increase amount. There are
like items that the City needs to purchase for the City that we are giving
funds to outside agencies to purchase for themselves. This does not seem
logical to him.
Council member Buschkoetter stated that he likes it because
these funds go to projects that the City partners with, for example The Red
Cross, which works with the City pools for swimming programs. The youth
boxing is akin to Park and Recreation. A list he would make might not be
exactly the same as this one, but these are things that other government
agencies are also doing. He sees it as an extension, not necessarily as a
“social service” aspect.
Council member Kearney stated that none of the present Council was on when the Keno was
“sold”. It was sold as community improvement and betterment. He
believes there is a responsibility to continue with that intent. He
stated that he would be glad to see it be even more than ten percent, which
will be possible when the golf course is paid off.
Council member Hadley inquired about the application from
the Library Technology Learning Center, which is also funded by the City. Mr. Prescott
replied that the operating philosophy has been the ten percent will go to
outside City applications, but if we do not receive enough application or they
do not meet the criteria then we will fund other City applications
submitted. This year the Library was the only one to submit an
application.
City Manager stated that the ten percent has been dwindling
every year as the lottery precedes decline. The funding of the debt on
the golf course has come principally out of Keno but future funding has come up
during the budget process. The City has been able to do that every year
so far, but obviously will need to address that starting next year because
there will be insuffient funds in the Keno fund to meet that debt.
Alternatives will need to be found to service that debt.
Council member Buschkoetter stated that since his spouse is
employed by one of the applicants receiving funding, he would abstain from
voting on this matter.
Moved by Hadley seconded by Buschkoetter to approve the
recommendation submitted by the Keno Committee on the allocation on
non-departmental keno funds designed for outside agencies. Roll call resulted
as follows: Aye: Blankenship, Kearney, Hadley. Nay: Clouse. Buschkoetter abstaining. Motion carried.
2004-2009 long range
goals
Mayor Blankenship opened for discussion the adoption of the
City of Kearney 2004-2009
Long Range Goals.
Assistant City Manager John Prescott presented this matter
to the Council. The City of Kearney
annually prepares and updates Long Range Goals. On May 13, 2003 the Long Range Goals were presented to the City Council at
a retreat held at Mitzi’s Pavilion at E.K. and Mary Yanney Heritage Park. The City Council also received
input during the Community Goals Forum moderated by Gene Koepke on June 17, 2003.
The Goals for each year are developed based on input from a
variety of sources. Citizen input via visioning sessions, goals forums,
and requests, City Council comments, and staff input are the main sources of
goals. Other goals may develop out of a federal or state mandates, legal
requirements or comparability with other first class cities. The staff has
taken all of the input received and compared it to the fiscal reality of the
budget to develop the goals contained in the final version of the Long Range
Goals book.
The Long Range goals do not obligate the City Council to undertaking any
future projects. The Goals represent items the City would like to
complete in the future with funding, resources and public support. The dollar
figures used in the Long Range Goals book are estimates used for discussion
purposes. The Goals do not obligate the City to spend any amount of money to
complete any of the goals.
Moved by Blankenship seconded by Kearney to adopt the City of Kearney 2004-2009 Long Range Goals. Roll call resulted as
follows: Aye: Blankenship, Buschkoetter, Hadley, Clouse, Kearney. Nay: None. Motion
carried.
OPEN ACCOUNT
CLAIMS WARD LABORATORIES --
$36.00
NPPD -- $3,302.25
Moved by Don Kearney seconded by Galen Hadley that Open
Account Claims in the amount of $36.00 payable to Ward Laboratories and to NPPD
in the amount of $3,302.25 be allowed. Roll call resulted as
follows: Aye: Hadley, Kearney,
Buschkoetter. Nay: None. Blankenship and Clouse abstained.
Motion carried.
VII.
REPORTS
VIII.
ADJOURN
Moved by Kearney
seconded by Clouse that Council adjourn at 9:16 p.m. Roll call resulted as follows: Aye:
Blankenship, Clouse, Kearney, Buschkoetter, Hadley. Nay:
None. Motion carried.
BRUCE L.
BLANKENSHIP
PRESIDENT OF
THE COUNCIL
AND
EX-OFFICIO MAYOR
ATTEST:
MICHAELLE E. TREMBLY
CITY CLERK